Is it permissible for a Muslim to manage the estate of a deceased person who has no executor or local judge?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is permissible for a Muslim to assume responsibility for the affairs of a man who dies leaving no executor (wasi) and no judge in his locality. This permission extends to selling the deceased's property when necessity demands it. Imam Ahmad's apparent view supports this. Concerning a man who died abroad, leaving female slaves (jawari) and property, the ruling provided was that selling movable property and livestock is permissible if necessity compels the sale and no judge is present. This action is taken due to necessity.

Supporting text

Regarding the sale of the female slaves specifically, it is preferred that a presiding judge (hakim) handles their sale. The hesitation regarding the sale of female slaves stems from caution, as their sale involves permitting sexual relations (ibahat farj). However, the sale is ultimately permitted in this situation due to necessity (darurah).