Guardianship Among Full Brothers: The Eldest or the Most Capable
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. If the guardian (wali) of a woman is her brother, and she has a group of full brothers, does the guardianship belong to the eldest of them, or to the most righteous and most guided among them?
Answer:
The guardianship must be with the most righteous one, and the eldest is given precedence; because he is more complete in his consideration, and for the sake of proper assessment, and to ward off harm; so that there is no misunderstanding. The eldest is given precedence as long as he is righteous; for he is preferred over those younger than him. Yes.
He says: Honorable Shaykh, may Allah grant you success. If the guardian (wali) of a woman is her brother, and she has a group of full brothers, does the guardianship belong to the eldest of them, or to the most righteous and most guided among them?
Answer:
The guardianship must be with the most righteous one, and the eldest is given precedence; because he is more complete in his consideration, and for the sake of proper assessment, and to ward off harm; so that there is no misunderstanding. The eldest is given precedence as long as he is righteous; for he is preferred over those younger than him. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/116 شرح زاد المستقنع/ صالح الفوزان — youtube.com (33:58)
The Arabic text is a machine transcription of the audio recording.