وَصِيّ

وَصِيّ

In the lexicon wasi is a noun of the passive form, one to whom a matter is entrusted; the word is also used for the testator, so it is one of the words with two opposite senses. Technically it is one whom a man charges with his affairs to act for him after death in what concerns his interests, such as paying his debts. ¹ The qayyim is wider than the wasi, and the wakil acts during life where the wasi acts after death; both stand in another's place. ¹ On accepting the commission, the Hanafis say a man should not accept it, as it is perilous; Abu Yusuf is reported to call a first acceptance an error, a second a betrayal and a third theft; the Shafi'is say it is recommended for one who knows himself trustworthy and forbidden for one who knows himself weak; the Hanbalis call it a recommended act for one able to bear it. ² The conditions are agreed as sanity, Islam where the ward is Muslim and ability to act, and disputed as to puberty and justice. ²³ On the moment of acceptance, the majority allow it both in the testator's life and after his death; the preferred Shafi'i view does not count acceptance in his life. ³ The executor's power is bounded by what he is charged with, and several executors may be named for different tasks; if one dies, the judge appoints another in his place. ³⁴ An executor who loses a condition is dismissed, and he may release himself in the testator's life by agreement. A fee may be fixed for him in general, and a further executor may be added when he is unable to act. ³⁴ The executor must act for the ward's benefit, as the Qur'an requires in the verses on orphans' property. ⁴