If one executor, authorized to act individually, becomes incapacitated but not removed from the executorship (e.g., due to weakness or illness), and the other is still serving, can a trustee be appointed alongside them?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If one of the two executors, each authorized to act alone, experiences a change that prevents them from fulfilling the duties without being officially removed, such as incapacity due to weakness or illness, the judge cannot appoint an additional trustee alongside them, provided the remaining executor is capable of acting alone. However, if the remaining executor is also incapable of acting alone due to the vastness of the work or similar reasons, a trustee may be appointed.
Supporting text
If the co-executors were not authorized to act individually, the judge must appoint a trustee to act alongside the incapacitated executor, resulting in three parties. In this situation, both original executors, now joined by the trustee, gain the authority to act individually.