The wasi: the estate executor

Definition and pillars

The wasi (executor) is the one entrusted with the dispositions after death. The pillars of the charge are four: an executor, a testator, an object of mission, a formula. Conditions: being Muslim (agreement of the jurists: no execution of a Muslim by a non-Muslim, even over his Muslim children; sura an-Nisa 141), being of sound mind, and being upright and trustworthy: the majority of the four schools require equity from the appointment; Malikis: any appearance of sinfulness removes him, likewise enmity toward the ward, his acts before removal remaining valid; Shafi'is take the qualities at the moment of death. Being capable: the weak but honest executor is not removed, the judge joins a strong support to complete the mission (Hanafis, Shafi'is, Hanbalis).

The woman executor

Agreement of the four schools, except Ata: maleness is not required. The Prophet (peace and blessings be upon him) entrusted campaign goods to Umm Ayman before an expedition, and permitted Hind to spend on her children with the word "take what suffices you and your child in a fair way": he made her manager of the spending upon her little ones.

In the absence of appointment

Text of most of the jurists: whoever dies leaving minor children without an executor: the judge substitutes for him and chooses the curator (Ibn Hazm: agreement on the ruler's duty to appoint the most apt). an-Nawawi: without appointment, the grandfather is most apt for debts and the children's affairs; the Shafi'i school (Zakariya al-Ansari): the grandfather before the judge, except the execution of wills, the judge's domain. Among Hanbalis: the judge has no parallel oversight when the private executor is competent for the entrusted mission; the private appointment cuts the general guardianship, except by objection if the executor oversteps.

The curator's revenues

Agreement of the scholars: consuming the orphan's property by injustice or waste is a major sin: "those who unjustly eat the properties of orphans only fill their bellies with fire" (sura an-Nisa 10). Abu Hanifa and Muhammad: the curator does not consume from the orphan's property; divergence exists among the schools on remuneration in case of need. The curator may delegate what he cannot do himself (text of most of the jurists).

Revocation and withdrawal

The curator who accepts then withdraws during the testator's life: the retraction is valid among most (Hanafis, Malikis in one view, Shafi'is in one view, Hanbalis); Malikis (one view): no return after acceptance; Shafi'is (safest view): acceptance holds only after the testator's death.

Practical note

Choose an upright, capable and informed executor, name him in writing and plan a substitute: in the Mu'ta expedition, the Prophet (peace and blessings be upon him) designated Zayd, then Ja'far, then Abd Allah ibn Rawaha, a model of successive responsibility.