When must the conditions for the executor (Wasi) be met?
General Chapter
Al-Mughni
Book of Bequests
Primary text
In one established view, the conditions for the executor must exist at the time of contracting (the making of the bequest) and at the time of death. The evidence for this is that these conditions pertain to a contract, so they must be considered at the time the contract is established, like all other contracts.
Supporting text
In another view, the conditions are only considered at the time of death, similar to the ruling for the legatee (the beneficiary of the bequest). If the conditions were absent at the time of the contract or partially absent, but present at death, the bequest is valid according to this second opinion. This contrasts with the ruling for the legatee who is an heir, where the absence of inheritance and the execution within the one-third limit are considered at the time enforcement becomes due.