Rule (1052) It is lawful for a testator to appoint someone to execute his will and such person is called executor of the will. The following conditions must exist with the executor of will. (A) Maturity; according to well known view to appoint a child alone as an executor of the will is not valid if it is intended that he alone works out the job during his childhood but this is not free from objection. However according to a precautionary rule he should work by permission of his guardian or the high authority in Shari'a alone. If it is intended that he undertakes such work after his maturity or with the permission of his guardian, apparently, the will is valid. To appoint a child along with a mature person is lawful, regardless, it is intended that he must not work before the maturity of the child or do so alone before his maturity, in the first case if there are cases that require immediate attention such as due loans such works must be done by the permission of high authority in Shari'a. (B) Soundness of reason; thus, an insane cannot be appointed as the executor of the will during such illness, regardless, the illness is there all the time or only sometimes. If one is appointed as executor of the will when he is well and then he becomes insane the will also becomes void, if he recovers the will's validity also returns according to a more clear reason, if the testator makes his recovery a condition then there is no objection.

(C) To be a trustworthy person.

Rule (1053) Apparently, it is not necessary for an executor of a will to be a just person; only his reliability and trust-worthiness is enough. This is in matters of others' rights like payment of debts and dealing with the property of orphans but if such matters are related to his own person, like if it is willed that the executor must spend 1/3 of the legacy for good causes, in such case, to consider reliability as a condition for the executor is objectionable.

Rule (1054) If the executor of will apostatizes, the will becomes void, due to being a Muslim a condition in the matter the appointment does not return to him if he may de-apostatize, unless the testator has set it as a condition for re-appointment.

Rule (1055) If a just person is appointed as an executor of will who then loses his ability to be a just person, if there is an indication of justice being a condition, the appointment is void if there is no such indication it is not void, the same rule applies to reliability.

Rule (1056) Appointing a slave as executor of will is not valid except by the permission of the master or to make it conditional on the slave's freedom.

Rule (1057) Appointing a female as executor of will is lawful but detestable and so is a blind or a heir.

Rule (1058) If a child and an adult are appointed executors and the child dies before maturity or matures insane, about the lawfulness of the adult to be executor alone there are two views, the more cautious view requires the matter to be referred to high authority in Shari'a who will add another person with him for the job.

Rule (1059) It is lawful to appoint as executor of will more than one person with others or each independent of other. If the first case is true then no one is allowed to deal without others with the whole or some of the matters. If one such group, because of some good reason, is disqualified the high authority in Shari'a replaces him with another person. If the second case is true each can deal alone and the deal taking place first is effective, if both take place at the same time and are of different nature like one sells and the other buys both are void. If one of them is dropped the other independently works without Shar'i authority's adding anyone with him. If the appointment is general and there is no mention of working together or independently it will be considered a joint appointment unless there is indication otherwise like one's saying, "executors of my will are 'A' and 'B' and when they die then is 'C'. If one of them dies the rest becomes independent and there is no need for high authority to appoint and add any one else with them, the same rule applies to the supervisors of endowed property.

Rule (1060) If one says,n 'A' is executor of my will if 'A' dies then 'B' replaces him it is valid they both successively are executors, the same rule applies, if one says," executor of my will is 'A' but when my son matures he is the executor."

Rule (1061) It is lawful to appoint several people each for a specified job independent of the other as executors.

Rule (1062) If two people are jointly appointed as executors and if they dispute because of different view. If such view does not prevent one of them particularly from taking part jointly in the job the high authority in Sharia forces him to join the other if it does prevent both from working jointly the high authority forces both to work jointly, if such view prevents both from working jointly the high authority joins one of them and lets him execute the will not the other.

Rule (1063) If one says, "I bequeath such and such and appoint 'A' as executor if he continues his studies, it is valid and if he discontinues his studies the appointment becomes void and the high authority undertakes executing the will.

Rule (1064) If the executor loses the ability to do the task the high authority in Shari'a makes another person join him, if his dishonesty is discovered the high authority lets a trustworthy person stop him from treachery if such person is not available, the authority removes him and appoints someone else for the task.

Rule (1065) If the executor dies before completing the task the high authority appoints someone else in his place. The same rule applies, if he dies during the life-time of the testator who did not know about the death or knew but did not appoint anyone else and there is no proof of changing his mind about first will.

Rule (1066) The executor of the will does not have the right to appoint someone else to execute the task which he is supposed to do, unless the testator has authorized him to do so or there are some indications that what the will requires is to do certain tasks not that the executor must personally do them.

Rule (1067) The executor of will is trustworthy. He does not become liable except if there is neglect or trespassing on his part. If misdealing takes place, one is liable only for that instance to consider him liable for other instances where misdeeds has not yet taken place, is objectionable, apparently, there is no liability.

Rule (1068) If the testator specifies a certain task for the executor or a certain amount of work, he must keep within that limit and not exceed, if he did, it is a misdeed. If he is given general authorization, like saying "exclude 1/3 of legacy and spend it." The executor will do so according to his own discernment in which he must take into consideration the interest of the deceased not what he desires with no regard to what is good for the testator or there are priorities which are also easier to do, according to common practice, such priorities and interests differ from person to person perhaps, performing worship acts for precaution are more rewarding or paying-off financial liabilities that are based on precautionary rules or praying or fasting or giving charity or medical help etc. This is when there is no indication of a certain cause to be served, otherwise, that particular purpose must be achieved.

Rule (1069) If one says, "you are executor of my will and specifies nothing and nothing specific could be understood from it the will is void unless common understanding and practice play some discerning role like the understanding of people in IRAQ that an executor of will excludes 1/3 of legacy and spends it for the benefit of the deceased, pays his debts, acquires his credits and rights from others, returns the safe-deposits with him and collects what belongs to the deceased. However, to include appointing a custodian for the minors in the above matter is objectionable, according to precautionary rule one should not deal with their affairs before consulting the high authority in Sharia and his permission, if he has not yet appointed someone else for the task.

Rule (1070) If one learns that some one has appointed him as the executor of his will he can refuse to accept the appointment during the lifetime of the testator if he - the executor - informs him of his refusal. If he learns about it after the death of the testator or before his death but does not inform him, the testator, of his , executor's, refusal or that it is not possible to appoint someone else according to a precautionary rule, after his death it is not lawful to reject the appointment.

Rule (1071) Refusing of appointment before the will is made has no effect, if 'A' say, to 'B'," I refuse to accept if you make a will to appoint me executor." If 'B' appoints him executor later it becomes binding unless 'A' rejects it at that time.

Rule (1072) If one is appointed executor who rejects the appointment and it is done again and it is not rejected due to not knowing it, there is some ground for it to be binding but it is objectionable, apparently, it is not binding.

Rule (1073) If the testator finds it better to appoint certain people with experience in certain tasks he can do so like for prayers to be made a person of knowledge, in the field for construction a person of that field and for charities a person who

knows the needy.

He can choose one qualified for all such tasks.

Sometimes the testator may not make a will for specific tasks; he may only ask to exclude the 1/3 of legacy and leave the manner and amount of spending to the discernment of executor and then he finds people qualified for the task like many executors who find Mujtahids and gives the 1/3 to him who they trust, therefore, to will an executor is to give him supervision of such dealing, even though it is done indirectly. It is, thus, lawful for executor to appoint someone else to do the task unless there is proof that the testator wants him to personally do it in which case, appointing of others is not permissible.

Rule (1074) The executor cannot appoint someone else in his place in the sense of removing himself from the post and let the will be for him, thus, someone else becomes executor of the deceased will by his making it happen.

Rule (1075) When executor's task becomes void due to some missing conditions the high authority assigns someone else in his place or himself does the task and the same rule applies if a will is made but no executor appointed.

Rule (1076) If the executor forgets the causes to be served and is unable to find out, he spends on good causes that possibly can be the causes to be served with the property of the testator. This is when such causes are not limited but if they are limited such spending is objectionable it is possible to decide by lottery.

Rule (1077) It is lawful for the testator to appoint also a supervisor over the executor of will to oversee his dealings, evaluate his performance and guard his activities and give the supervisor a status as such that executor, would not work without his knowing what is going on and working without his information would be equal to working without the permission of testator and a misdeed against him and if he works with his knowledge of the same it would be fulfilling his obligation. It is not necessary for executor to follow such supervisor's own view and ideas, if the executor wants to get a job done by 'A' because of the will the supervisor wants it by 'B' because he thinks 'B' is better, this does not harm the validity of 'A's work and the supervisor cannot object to it. If the will says it must be executed according to the supervisor's view it is necessary to do so, thus, in the above example 'A's work is not acceptable, 'B's work must be accepted but this is against having supervisor over executor. Apparently, if executor commits misdeed it is not necessary for supervisor as a supervisor to stop him, in both cases, if he did not stop the executor he is not liable. In both cases if the supervisor dies the executor must consult high authority in Shari'a.

Rule (1078) Making a will is an allowable act on the part of the testator. If he bequeaths something he can change his mind and bequeath another substance.

Rule (1079) If one appoints someone as executor he can change his mind and appoint another person.

Rule (1080) If one bequeaths several things he can change his mind about all of them or some of them as well as change all or some of them as long as he is alive and he has the qualifications necessary for a testator like maturity etc.

Rule (1081) If one appoints an executor and then another without informing the first about the change before he does and the first executor does his duty then learns about the change the loss is the deceased liability and it is taken from the whole legacy before any division takes place; then 1/3 is taken from the legacy for the second executor. This is when there is no apparent reason for the change, if there is some reason like first executor's leaving to a distant place or emergency or animosity and serious differences between the two and thus the change takes place, in this case what the first executor spends is from his own property.

Rule (1082) Changing one's mind about a will can be expressed in words like saying," I changed my mind about 'A' to be my executor," or deeds like for bequeathing 1/3 first and then turning it into endowment property or like bequeathing to make an endowment property or spend for a cause and then selling it or giving as gift.

Rule (1083) Executing a will does not require passing of a long or a short time. If soon after making a will one dies it is necessary to execute the will; as well as if one dies several years after making the will. It is necessary that the testator does not change his mind, if one is not sure of such change, one must assume that no change has taken place.

Rule (l084) If one says," If I die on this journey my executor is 'A' and my will is x,y, and if he did not die on that journey but at other times it is not necessary to follow such will and no one is his executor.

Rule (1085) If the reason for a will is journey on which one is afraid of dying, it becomes necessary to carry out the will even if he does not die on that journey, thus it is necessary to execute 'Hajis, Pilgrims, will or people going to visit Holy Shrines, such people, apparently, make a will because of fear of dying on such journeys, it is necessary to execute their will if they do not come back home.

Rule (1086) It is lawful for the executor of the will to charge fair market value wage for his work if it needs wages, unless the will says that the work must be done free or there is some such indication in which case charging for works is not permissible if he had accepted the appointment, but if he did not accept, to consider working free necessary, is objectionable. It is very possible that it is not necessary. This is for the works that the will requires him to do like buying and selling and paying off debts etc., the works which are matters under his authority. If the will asks for other work like asking 'A' to do HAJJ, or pray for him etc, it is not necessary for executor to accept the appointment even if he did not know of it during testator's lifetime, if he accepts it in his lifetime, if the will asks him to do HAJJ, for example, free, it is very possible that it can be lawful to reject it after the testator's death.

Rule (1087) If a certain amount of wages is set aside for him, the executor, and the will says," do HAJJ for me for 100 Dinars. It is considered hiring, and it is necessary to do it and he will have the wages if he accepted the job during the life time of the deceased, other wise it is not necessary.

Rule (1088) unlawful to her own husband. The same is the rule if either one of two co-wives breast-feeds each other's grand-child or breast-feed her uncle or aunt from her any parent's side,she does not become unlawful to her own husband even if he,in this case, becomes father of her uncle or aunt. Also the same is the rule if she breast feeds her own bother or sister of her husband in which case she is the mother of his brother or sister. She can breast-feed the grand-son of her husband to become the mother of his graf transferring property can be proved by the testimony of two just Muslims or by the testimony of one just Muslim and the oath of the beneficiary in his favor, and by the testimony of one just Muslim and two just Muslim ladies like all other court cases.

Rule (1089) One special matter in the will for transfer of property is that it can be proved by the testimony of the ladies singly, thus, 1/4 is proved by the testimony of one just lady and so on four ladies' testimony proves the whole without oath.

Rule (1090) The covenantal will which is a will about guardianship it can only be proved by the testimony of two just Muslims.

Rule (1091) Both forms of will can be proved by the testimony of two male non-Muslim followers of the Bible who are just according to their own religion, when just Muslims are not available, other non-Muslims do not prove anything.

Rule (1092) The will of transfer can also be proved by the professing of all the heirs if they are of sound reason and mature, even if they are not just ones. If some of the heirs profess and not others it is proved in the share of professing ones not in that of denying ones, however, if two just ones among them profess the entire will is proved, if only one just among them professes the will is proved with an oath by the beneficiary.