What is the ruling when a testator appoints two executors jointly without specifying whether they must act jointly or individually?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the testator appoints two executors jointly without specifying (e.g., 'I appoint you both concerning this matter'), neither one has the authority to act individually. This view is held by Malik and Al-Shafi'i.
Supporting text
Abu Yusuf holds that either one may act individually because executorship (wilayah) is indivisible, similar to two brothers jointly authorized to marry off their sister. Abu Hanifa and Muhammad permit each executor to act individually concerning seven specific matters: shrouding the deceased, settling debts, executing the will, returning a specific deposited item (wadi'ah), purchasing essential clothing and food for a minor, accepting a gift on the minor's behalf, and litigation for or against the deceased. This exception is made because joint action in these matters is difficult and delay would cause harm.