Is a bequest validly entrusted to a sinful person (Fasiq)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
There is a narration from Ahmad indicating that the bequest is invalid to a sinful person, which is the view of Malik and Al-Shafi'i. Evidence supporting the validity comes from Ahmad's statement that if the executor is suspected of dishonesty, an overseer is placed with him by the ruler. Al-Kharqi stated that if the executor is treacherous, a trustee is joined with him, indicating the validity of the bequest to him, with the judge appointing a trustworthy person.
Supporting text
Abu Hanifa holds that the bequest is valid and his actions are enforced, but the judge must dismiss him because he is a mature, sane man, making the bequest valid like a just person. The counterargument is that he cannot be exclusively entrusted with the bequest, thus it is invalid, like the insane person. The response to Abu Hanifa is that his acknowledgment regarding the bequest is not permissible, analogous to the aforementioned issues.