Is it permissible for the nominated executor to accept the executorship after the death of the testator?
General Chapter
Al-Mughni
Book of Bequests
Primary text
Acceptance of the executorship after the death of the testator is permissible because it is considered a type of bequest, making its acceptance valid post-mortem, akin to accepting a bequest made for oneself. Upon acceptance, the individual becomes the executor (*wasi*). This view is attributed to Al-Shafi'i.
Supporting text
Abu Hanifa ruled that acceptance after death is never permissible. Furthermore, Abu Hanifa stipulated that acceptance during the testator's life is only valid in his presence, arguing that delaying acceptance until after death, or accepting during life but in absence, unjustly binds the testator and prevents him from appointing someone else.