that he be placed in the personal custody of someone who cares for him, such as his mother, his maternal grandmother, or others like them who are entitled to custody; and that his property be entrusted to someone who safeguards it: either his father’s appointed guardian, if he has one, or someone other than [the appointed guardian]:(1) either a relative or a representative of the ruler(2), for he is an orphan because his father has died.

Allah Most High says:

“Test the orphans until they reach marriageable age. Then, if you perceive sound judgment in them, hand over their property to them. Do not consume it wastefully and hastily before they grow up.”

[Surah al-Nisā: 6]

Thus, his property may not be handed over to him until he reaches marriageable age and sound judgment is perceived in him, as Allah Most High has stated in His Book. How, then, can someone whose person and property must be placed under legal guardianship be an infallible Imam over all Muslims, such that no one can be a believer without believing in him?

Moreover, they agree that(3), whether he is presumed to exist or not, they derive no benefit from him