Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

is not permissible to enjoin building of a church. It would be bâtil
to bequeath a pardon for one’s convicted murderer. If a person
leaves only a house, he is permitted to enjoin that a certain person
should live there. In that case, the latter can live in the house till
death. Before it becomes evident by its symptoms that death is
quite close, it is permissible for a person to give a gift to one of his
children for the purpose of rewarding the extra services he has
done or because he is in need, unless pains of death have already
appeared on him. If the bequest is made to distribute one-third of
one’s property to the poor within a certain city, it is permissible to
distribute it to the poor who live in other cities. If the bequest
provides that the money should be distributed to ten poor people,
it is permissible to give all of it to one poor person, or the other
way round. It is also permissible to distribute it in one day, even if
it was instructed to distribute it in ten days. If a person bequeathed
one-third of his property to his relatives, it is distributed to those
other than heirs. Even if there are infants among the heirs or the
deceased had debts, adults may utilize the inherited property. (See
the forty-fifth chapter.) A person can annul his last will; however,
denial of the will does not mean annulment. Anyone who accepts
to execute the will cannot give up after the ill person’s death. If a
fâsiq Muslim or a dhimmî who is not trustworthy is appointed as
an executor, a judge can replace him. It is not permissible to hire
an executor. 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 pay the deceased’s debts
with the orphan’s property. Nor can he pay the orphan’s fitra or
perform the qurbân for the orphan (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 reimburse
it with its equivalent. It is necessary to give it to the orphan when
he grows up.” The book Durr-us sukûk, which was printed in 1288,
contains Islamic law court decisions. One of the documentaries
demonstrating the appointment of an executor is as follows:
“Draper Osmân Efendi, who dwells at such-and-such building
near Gedikpaşa in Islâmbol city, says in the majlîs-i-shar’i sherîf-i-
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