I have bequeathed to you, and when my son grows up, he shall be my executor." This is valid, and so when his son grows up, he becomes his executor. Based on this, if he said: "I have bequeathed to you, and if my son repents from his dissoluteness, or returns from his absence, or recovers from his illness, or engages in knowledge, or reconciles with his mother, or reaches maturity, then he is my executor," the bequest to him is valid, and he becomes an executor upon the existence of these conditions.

986 - Issue: He said: (And if the executor is treacherous, an upright person shall be joined with him.)

The apparent meaning of this is the validity of the bequest to the dissolute person, and an upright person is to be joined with him. Likewise, if he were upright and his condition changed to treachery, he does not lose his position, and an upright person is joined with him. Ibn Mansur reported from Ahmad something similar to this; he said: "If the executor is suspected, it shall not leave his hand." Al-Marwudhi reported from Ahmad, regarding one who bequeathed to two men, neither of whom is fit for the executorship, and he said to the other: "Give it to me." He said: "Do not give him anything; this is not a place for a bequest." It was said to him: "Did the deceased not approve of him?" He replied: "Even if he approved of him." The apparent meaning of this is the invalidity of the bequest to him. The Qadi interpreted the statement of al-Khiraqi and the statement of Ahmad regarding keeping him in the executorship as meaning that his treachery occurred after the death. As for if his treachery was present at the time of the bequest to him, it is not valid, because it is not permissible to appoint a treacherous person over an orphan during his [the testator's] life, so it is the same after his death. Furthermore, the bequest is a guardianship and a trust, and the dissolute person is not of those qualified for them. Based on this, if the executor is a dissolute person, his ruling is the ruling of one who has no executor, and the judge oversees his estate. If his dissoluteness occurs after the bequest, his guardianship ceases, and the judge establishes an upright person in his place. This is the choice of the Qadi, and it is the opinion of al-Thawri, al-Shafi'i, and Ishaq. According to the view of al-Khiraqi: