free when the bequest is executed from the core of the estate. As for the dissolute (fasiq), it has been narrated from Ahmad that which indicates that a bequest to him is not valid, and this is the opinion of Malik and al-Shafi'i. From Ahmad there is also that which indicates the validity of a bequest to him, for he said in the narration of Ibn Mansur: "If he is suspected, it shall not leave his hand." Al-Khiraqi said: "If the executor is treacherous, an upright person shall be joined with him." This indicates the validity of the bequest to him, and the judge shall join an upright person with him. Abu Hanifah said: "The bequest to him is valid, and his actions are binding, and it is incumbent upon the judge to remove him; because he is a competent adult, so the bequest to him is valid, like the upright person." The argument for the first view is that it is not permissible to single him out with the bequest, so the bequest to him is not valid, like the madman. According to Abu Hanifah, it is not permissible to confirm him over the bequest, so he resembles what we have mentioned.

Section: The existence of these conditions in the executor is considered at the time of the contract and the death, according to one of the two views. In the other, it is considered only at the time of death, like a bequest to someone. This is the opinion of some companions of al-Shafi'i. Our view is that these are conditions for a contract, so they are considered at the time of its existence, like other contracts. As for a bequest to someone, it is valid even if he is an heir, and the absence of heirship and its departure from the third [of the estate] is only considered for the sake of validity and bindingness, so it is considered at the time of bindingness, unlike our issue, for these are conditions for the validity of the contract, so they are considered at the time of the contract, and their existence after it is of no benefit. According to the second view, if all or some of the conditions were absent at the time of the contract, then they were found at the time of death, the bequest to him would be valid.

Section: If he says: "I have bequeathed to Zayd, and if he dies, then I have bequeathed to 'Amr," this is valid according to a single narration, and each of them is an executor, except that 'Amr is an executor after Zayd; because the Prophet (peace and blessings of Allah be upon him) said regarding the army of Mu'tah: "Your commander is Zayd; if he is killed, then your commander is Ja'far; and if he is killed, then your commander is Abdullah ibn Rawahah." A bequest is in the sense of appointing a commander. And if he said: