they do not divide it. Yet another opinion holds that, provided both are trustworthy, they should share it equally; this is the view of Ashhab, whereas the earlier ruling is that of Malik.

As for houses, agricultural land and all immovable property other than cash, the two executors must act jointly, and neither may deal with it without the other. Whoever keeps the cash in his possession is to spend from it on the orphans, but only in the presence of his fellow executor.

If it is feared that a single executor will be unable to discharge his duties, a reliable person is added to assist him and share responsibility.

It is permissible to appoint a woman as executor. Should she be made guardian over the testator’s daughters, she may not conduct their marriage contracts, and she is required to swear an oath.

Malik also allowed a man to appoint his capable slave or the umm walad who bore his child as executor. If the other heirs later wish to sell that slave, the sale is valid with respect to the minors’ share of the estate—provided their portion can bear the transaction. Whether the slave belongs to the testator or to someone else makes no difference to the validity of such an appointment.

A bequest that places responsibility in the hands of a non-Muslim or an openly immoral person is void.

An executor may, in turn, designate another executor so long as the testator did not forbid it; the heirs have no say in the matter. The second executor then steps into the first one’s place for every duty that had been entrusted to him, testamentary or otherwise, if such authority is expressly conveyed. If the first executor dies without appointing a successor, the judge assumes supervision of whatever was under his care and is not permitted to neglect it.

Whoever says, “My will is to so-and-so,” thereby appoints that person over everything he has bequeathed and over his minor children.

An instruction concerning marriage enjoys the same legal force as an instruction concerning property. In Malik’s view, anyone appointed executor over the estate is likewise the marriage guardian for the daughters and in charge of every affair, unless the testator makes an exception or restricts him to a particular matter, in which case he must not exceed that limit.

A Muslim should neither accept an appointment as executor from a dhimmī nor appoint a dhimmī as executor.

It is lawful for a man to appoint another as executor while the latter is absent; once present, the absent party becomes the executor.

If a man stipulates to his wife that she will forfeit the executorship should she remarry, the stipulation is valid; if he makes no such condition, her supervision remains permissible.