Is a trustee permitted to appoint a successor executor if the original testator neither explicitly permitted nor prohibited it?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When a testator appoints an executor and remains silent regarding the appointment of a successor, there are two narrations concerning the ruling. One narration permits the executor to appoint a successor, and this is the position of Malik, Abu Hanifa, Al-Thawri, and Abu Yusuf, based on the view that the executor stands in the testator's place, inheriting the right to bequeath, akin to the father (Al-Ab).
Supporting text
The second narration prohibits the executor from appointing a successor. This is the chosen view of Abu Bakr, the established position (madhhab) of Al-Shafi'i and Ishaq, and the apparent view of the madhhab of Al-Khiraqi. The reasoning is that the executor acts via delegation and therefore cannot delegate further, similar to an agent. This differs from the father, who acts without delegation.