What is the status of a manager appointed by the founder or judge when the manager is not the beneficiary or only partially managing for the beneficiary?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
If the management is designated to someone other than the beneficiary, or to a part of the beneficiaries, whether by the founder or the judge, the appointed manager must be trustworthy (Ameen). If the manager is not trustworthy and was appointed by the judge, the appointment is invalid, and their authority is removed. If the founder appointed them while they were just (Adil) or appointed them when just and they later became corrupt (Fasiq), a trustworthy person is joined with them to protect the endowment, and their authority is not removed, as this allows for the combination of both rights.
Supporting text
There is an alternative view that their appointment is invalid, and they should be removed if corruption occurs during their tenure, because it is a trusteeship over another's right, which corruption negates, similar to when the judge appoints them. Furthermore, if the endowment cannot be protected while they remain in charge of another's right, their authority is removed, as safeguarding the endowment is prioritized over upholding the corrupt person's authority.