Can the remaining agent act if one of two jointly appointed agents for property preservation is absent?
General Chapter
Al-Mughni
Book of Agency
Primary text
If one of the two agents is absent, the other agent does not have the authority to act alone. Furthermore, a judge cannot appoint a co-guardian to act with the remaining agent. This is because the principal is a prudent person capable of managing affairs, and the judge has no authority over the principal to appoint an agent without the principal's permission.
Supporting text
This situation is distinct from the death of one of two appointed executors (*wasiyayn*), where a judge may appoint a co-executor because the judge possesses supervisory authority over the estate of the deceased and the orphan. Similarly, if no executor is appointed, the judge appoints a trustee to look after the orphan's interests.