Is a bequest validly entrusted to a woman?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The bequest is validly entrusted to a woman according to the opinion of the majority of scholars, including Malik, Al-Thawri, Al-Awza'i, Al-Hasan ibn Salih, Ishaq, Al-Shafi'i, Abu Thawr, and the Companions of Ra'y. The evidence for this is the narration that 'Umar (may Allah be pleased with him) entrusted a bequest to Hafsa. Furthermore, since she is qualified to be a witness, she is analogous to a man, distinguishing her from a judge, where completeness in physical form and strenuous effort (Ijtihad) are required.
Supporting text
Ata' did not permit it, arguing that since she cannot serve as a judge, she cannot serve as an executor, similar to an insane person.