Section: If the two executors differ regarding with whom the wealth (4) should be placed, it shall not be placed with either one of them, nor divided between them, but rather placed in a location under the hands of both of them together; because the testator did not entrust either one of them alone with its preservation or disposition. Malik said: It shall be placed with the more upright of the two. The people of opinion (Ahl al-Ra'y) said: It is divided between them. This is the explicit statement (al-mansus) from al-Shafi'i, except that his companions differed regarding the intent of his words; some of them said: He only intended this when each of them was bequeathed to act independently. Others said: Rather, it is general for both cases. Our argument is that preserving the wealth is part of what was bequeathed, so it is not permissible for one of them to act solely regarding it, like disposition. Furthermore, if it were permissible for each of them to be solely responsible for the preservation of a portion of it, it would be permissible for him to be solely responsible for the disposition of a portion of it.

Section: There is no harm in accepting an executorship, for the Companions, may Allah be pleased with them, used to bequeath to one another, and they would accept the executorship. It was narrated from Abu Ubayda that when he crossed the Euphrates, he bequeathed to Umar. Six of the Companions of the Messenger of Allah, peace and blessings of Allah be upon him, bequeathed to al-Zubayr: Uthman, Ibn Mas'ud, al-Miqdad, Abd al-Rahman ibn Awf, Muti' ibn al-Aswad, and another. It was narrated from Ibn Umar that he was an executor for a man. In the will of Ibn Mas'ud: "If the event of death occurs to me from this illness of mine, the return of my will is to Allah, Exalted is He, then to al-Zubayr ibn al-Awwam and his son, Abdullah" (5). This is because it is an agency and a trust, so it resembles a deposit and agency during life. The analogy of the school of Ahmad is that refraining from entering into it is better due to the danger involved, and nothing equals safety. For this reason, he held that leaving the picking up of lost property (luqta) and leaving the state of ihram before the miqat is better, out of caution for safety and avoidance of danger. A hadith has been narrated that points to this, which is what was narrated that the Prophet, peace and blessings of Allah be upon him, said to Abu Dharr: "I see that you are weak, and I love for you what I love for myself, so do not take authority."