Section: If he bequeaths to a man and grants him permission to bequeath to whomsoever he wishes, such as by saying: "I have permitted you to bequeath to whomsoever you wish," or "Whomever you bequeath to, I have also bequeathed to," or "He is an executor," it is valid, and he has the right to bequeath to whomsoever he wishes; because he was satisfied with his discretion and the discretion of whomever he sees fit, so it is valid, just as if he had bequeathed to both of them together. This is the opinion of the majority of scholars. It is narrated from al-Shafi'i that he said in one of his two opinions: He does not have the right to bequeath; because he holds the position by appointment, so it is not valid for him to bequeath, like an agent. Our argument is that he is permitted to grant permission for disposition, so it is permissible for him to grant permission to another, like an agent if he is ordered to appoint an agent, and the [case of the] agent is an argument against him from the aspect we have mentioned. As for if he bequeathed to him and spoke in general terms, and did not grant him permission to bequeath nor forbade him from it, there are two narrations: The first is that he has the right to bequeath to someone else. This is the opinion of Malik, Abu Hanifa, al-Thawri, and Abu Yusuf; because the father placed him in his own position, so he has the right to make a bequest, like the father. The second is that he does not have that right. This is the choice of Abu Bakr, and the school of al-Shafi'i and Ishaq. This is also the apparent view from the school of al-Khiraqi, based on his statement regarding the agent; because he disposes by way of appointment, so he does not have the right to delegate, like an agent, and he differs from the father, because he holds the position without appointment.

987 - Issue: He said: (And if there are two executors, and one of them dies, a trustworthy person shall be appointed in the place of the deceased.)

The entirety of this is that it is permissible for a man to bequeath to two people. Whenever he bequeaths to both of them in general terms, it is not permissible for one of them to act independently. If one of them dies, or becomes insane, or if something is found from him that necessitates his dismissal, the judge shall appoint a trustworthy person in his place; because the testator was not satisfied with the judgment of the remaining one alone.