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Subject : The Condition of the Donor is Considerable, if Lawful
Fatwa Number : 770
Date : 14-06-2010
Classified : "Waqf "Property Endowed for Charitable Causes
Fatwa Type : Search Fatawaa

Question :

My father has converted a building into a family waqf and stipulated that it is for his sons, their sons and so on, and his daughters as long as they are alive. This shows that in case he died, the children of his daughters are excluded from this waqf. Is his doing so permissible?



The Answer :

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

Waqf (Religious Endowment) is an act of obedience which draws a Muslim closer to Allah the Almighty and a continuous charity for which he/she is rewarded after his/her passing away. Scholars are agreed that the condition of the donor is considerable as long as it is lawful.

An-Nawawi {May Allah have mercy on him} says: "The condition of the donor as regards the percentage, the characteristics of the beneficiaries, and the time must be observed. Thus, if he constituted the waqf for his children and stipulated that they get equal or unequal amounts, then his/her condition must be fulfilled." {Rawdat At-Talibeen, vol.2/pp.291}.

Consequently, the condition that the daughters benefit from the waqf as long as they are alive is considerable from the perspective of Sharia. An-Nawawi {May Allah have mercy on him} said: "Children of one`s sons and daughters are among the beneficiaries of family waqf unless the donor stipulated restricting it to those affiliated to him (his sons and their sons)." {Menhaj At-Talibeen}. Thus, the children of the daughters are excluded because they are affiliated to their fathers; not the donor. Accordingly, the family waqf stated in the above question is permissible and the condition of the donor is considerable. And Allah the Almighty Knows Best.

 






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