What is the ruling when a previously capable executor subsequently develops an incapacity?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a strong executor subsequently develops weakness or an ailment, the judge shall appoint another capable person to assist him. The original executor remains the primary executor (Wasi), and the newly appointed person acts only as an assistant. This is because the judge's authority to intervene is only established when the appointed executor is entirely absent or unable to act.