What is the ruling regarding the guardianship of an executor (Wasi) who suffers a change in condition after appointment?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

The guardianship of an executor (Wasi) is immediately revoked if the executor experiences insanity (junoon), apostasy (kufr), or foolishness (safah). In such a case, the matter reverts to the judge (Hakam), who must appoint a trustworthy custodian to manage the affairs of the deceased and the children thereafter, as if no executor had ever been appointed. This principle is established based on the necessity of the executor maintaining the required legal capacity throughout the period of guardianship.