Can a trustee (Wasi) delegate the execution of a bequest?
General Chapter
Al-Mughni
Book of Agency
Primary text
The trustee is delegated regarding what was bequeathed to him. This ruling is applicable to the trustee, unlike the judge who must appoint others for ruling in an area under their jurisdiction. This delegation is permissible for the trustee because the trustee acts based on inherited authority (wilayah), evidenced by their ability to act concerning matters not explicitly mentioned for their disposal. The Hanbali school, specifically in the narration of Muhanna, permits this delegation. This view is also held by Al-Shafi'i regarding the trustee.
Supporting text
The view is reconciled by noting that the trustee acts over another's property with permission, resembling an agent (Wakil). Furthermore, the trustee only acts according to what the bequest necessitates, just as the agent only acts according to what the agency necessitates.