5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

or the other way round. It is also permissible to distribute it in
one day, even if it was said to distribute it in ten days. If one
bequeathed one-third of one’s property to one’s relatives, it is
distributed to those other than heirs. Even if there are infants
among the heirs or the deceased had debts, adults utilize the
inherited property. (See the chapter captioned Companies in
the Turkish original, Se’âdet-i Ebediyye) A person can annul
his last will; however, denial of the will doesn’t mean annulment.
Anyone who accepts to execute the will cannot give up after the
ill person’s death. If a fâsiq or zimmî who is not trustworthy is
appointed as an executor, a judge can replace him. It is not
permissible for an executor to be paid. However, a pay
promised to him becomes a bequest; he takes it and
undertakes his duty as the executor. Even if the father of the
deceased who did not appoint an executor will become the
guardian of his infant grandchildren, he cannot sell any property
in order to pay debts. The executor or the grandfather guardian
cannot lend the orphan’s property; however, a judge can do so.
The executor cannot repay the deceased’s debts with the
orphan’s property. Nor can he pay his fitra or perform the
qurbân for him out of the orphan’s property. But the father can.
If the executor becomes needy, he can utilize the orphan’s
property, but he cannot donate it to someone else. If he wastes
the property he should be dismissed. He is not permitted to use
the orphan’s property for his own needs and later substitute it
with its equivalent. It is necessary to give it to the orphan when
he grows up.” The book Durr-us sukuk, which was printed in
1288, contains canonical law court decisions. One of the
documentaries demonstrating the appointment of a trustee is as
follows:
“Draper Osmân Efendi, who dwells at such and such a
building near Gedikpaşa in Islâmbol city, says in the majlîs-i
shar’i sherîf-i anwar and also in the presence of Ahmed Ağa,
‘When I die by the command of Allâhu ta’âlâ, all my property
and all the loans due to me shall be collected; first the washing
and shrouding of my corpse shall be done as is customary; then
my debts shall be repaid if there are any, and one-third of the
rest shall be set apart. Of this reserved thuluth, such-and-such
amount shall be spent performing the isqât of my prayers of
namâz and the kaffârats of my fasts, oaths and vows. The isqât
must be done compatibly with the Sharî’a and the money
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