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سنن دارمي
Darimi
من كتاب الوصاياFrom the Book of Wills
باب في الْوَصِيِّ الْمُتَّهَمِ:Chapter on the executor who is suspected
Hadith 3248
اُردوEn
أَخْبَرَنَا مُحَمَّدُ بْنُ الْمُبَارَكِ، حَدَّثَنَا الْوَلِيدُ، عَنْ الْأَوْزَاعِيِّ، عَنْ يَحْيَى، قَالَ: "إِذَا اتَّهَمَ الْقَاضِي الْوَصِيَّ لَمْ يَعْزِلْهُ، وَلَكِنْ يُوَكِّلُ مَعَهُ غَيْرَهُ" وَهُوَ رَأْيُ الْأَوْزَاعِيِّ.
Yahya said: When a judge suspects a trustee, he should not remove him, but rather appoint someone else as an agent along with him. This is also the opinion of Awza'i. (It is also narrated similarly from Imam Sha'bi, may Allah have mercy on him.)
Brief Explanation
(Commentary on Hadith 3247)
If a person makes a will that after him, such-and-such individual will look after his business and children, and that mentioned individual is accused of dishonesty, betrayal, etc., then he can be replaced, or a trustworthy person can be appointed as a partner with this executor (wasi), as is established from the aforementioned narration.
And Allah knows best.
If a person makes a will that after him, such-and-such individual will look after his business and children, and that mentioned individual is accused of dishonesty, betrayal, etc., then he can be replaced, or a trustworthy person can be appointed as a partner with this executor (wasi), as is established from the aforementioned narration.
And Allah knows best.
