Article 43
The conditions for the assistant are the same as the conditions for the Khalifah; in other words, to be male, free, Muslim, adult, sane, just; and he is from the people of the capability in whatever actions were delegated to him.
The evidence here is the evidence for the Khalifah, so it is obligatory for him to be a male due to words of the Prophet (phuh).
. » لَنْ ي فُْلِحَ قَ وْمٌ وَلَّوْا أَمْرَهُمُ امْرَأَة «.
“Never will succeed such a nation that makes a woman their ruler.” (reported by Al-Bukhari from Abu Bakrah). He must be a Muslim due to His words.
“And never will Allah give the disbelievers over the believers a way [to overcome them].” (TMQ 4:141); therefore, it is forbidden for a non-Muslim to be a ruler over the Muslims, since ruling is the greatest way over the Muslims.
He is to be free since the slave does not have control over his own issues and so he cannot undertake the control of other peoples’ affairs.
He should be an adult, due to the words of the Messenger (pbuh).
. أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ عَنْ النَّائِمِ « » حَتَّى يَسْتَ يْقِظَ وَعَنْ الصَّغِيرِ حَتَّى يَكْبَ رَ وَعَنْ الْمَجْنُونِ حَتَّى يَ عْقِلَ أَوْ يُفِيقَ .
“The Messenger of Allah (pbuh) said, “The Pen has been lifted from three (their actions are not recorded) : from the sleeping person until he awakens, from the minor until he grows up, and from the insane person until he comes to his senses.” and in a narration.
. » وَعَنْ الْمُبْتَ لَى حَتَّى يَ بْ رَ أَ « .
“and from the afflicted person until he recovers” (reported by Ibn Maja and Al-Hakim from ’Aishah, and the wording is from Ibn Maja). Al-Tirmidhi and Ibn Khuzaima reported the same from Ali. From the raising of the pen is that his actions in his own affairs are not valid, and so it is not valid for him to act in the affairs of others. In addition, the narration of Abu ’Uqayl Zuhra Bin Ma’bad from his father ’Abd Allah b. Hisham who was at the time of the Prophet (phuh) when his mother Zaynab Bin Humayd took him to the Messenger of Allah (pbuh) and said: O Messenger of Allah, take Bay’a from him. He replied.