Is it permissible for a testamentary guardian (Wasi) to delegate matters he could handle himself?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 5

Open in Qurani

Primary text

There are two established narrations regarding the permissibility of the testamentary guardian delegating matters he is competent to manage personally. This issue is likened to agency, as the guardian acts in another's property based on permission, similar to an agent (Wakil).

Supporting text

The view held by Al-Qadi is that delegation is permissible for the testamentary guardian, while there are two narrations concerning the agent (Wakil). The distinction made is that the agent generally has the ability to seek prior authorization, which is not the case for the guardian.