The Ruling on Endowing (Waqf) for Some Children During One's Lifetime and After Death
Machine translationRead the Arabic original
The questioner:
This questioner asks: Is it permissible for a person to endow something for his children while he has a father and a wife?
The Shaykh:
Yes, there is nothing wrong with designating some of the heirs for a waqf (endowment), because it is not a transfer of ownership, but rather a transfer of the benefit only, without the underlying asset or the principal. So, if one designates some of the heirs due to their need, their age, or other matters in which they require assistance, there is nothing wrong with that. It is not like a bequest; a bequest is not permissible for an heir. Yes.
The presenter:
Honorable Shaykh Salih, what is the ruling on this endowment during the life of the endower and after his death?
The Shaykh:
Some scholars hold that an endowment for an heir is not permissible in any case, and they call it an endowment of the same type, as Shaykh Muhammad ibn 'Abd al-Wahhab (may Allah have mercy on him) wrote a treatise on that, titled “The Endowment of the Same Type.” However, a group of scholars and jurists have permitted this, considering that an endowment is not a transfer of ownership, but only a right of use. Thus, it differs from a bequest to an heir, which the Messenger (peace and blessings be upon him) prohibited, because a bequest is a transfer of ownership. Yes.
The presenter:
What is the ruling on this endowment during the life of the endower and after his death?
The Shaykh:
An endowment is permissible as an immediate act during one’s life, and it is permissible as a conditional act upon death. However, if it is conditioned upon death, its ruling becomes the ruling of a bequest. But if it is executed during one’s life, it is excluded from the ruling of a bequest.
The presenter:
May Allah reward you.
This questioner asks: Is it permissible for a person to endow something for his children while he has a father and a wife?
The Shaykh:
Yes, there is nothing wrong with designating some of the heirs for a waqf (endowment), because it is not a transfer of ownership, but rather a transfer of the benefit only, without the underlying asset or the principal. So, if one designates some of the heirs due to their need, their age, or other matters in which they require assistance, there is nothing wrong with that. It is not like a bequest; a bequest is not permissible for an heir. Yes.
The presenter:
Honorable Shaykh Salih, what is the ruling on this endowment during the life of the endower and after his death?
The Shaykh:
Some scholars hold that an endowment for an heir is not permissible in any case, and they call it an endowment of the same type, as Shaykh Muhammad ibn 'Abd al-Wahhab (may Allah have mercy on him) wrote a treatise on that, titled “The Endowment of the Same Type.” However, a group of scholars and jurists have permitted this, considering that an endowment is not a transfer of ownership, but only a right of use. Thus, it differs from a bequest to an heir, which the Messenger (peace and blessings be upon him) prohibited, because a bequest is a transfer of ownership. Yes.
The presenter:
What is the ruling on this endowment during the life of the endower and after his death?
The Shaykh:
An endowment is permissible as an immediate act during one’s life, and it is permissible as a conditional act upon death. However, if it is conditioned upon death, its ruling becomes the ruling of a bequest. But if it is executed during one’s life, it is excluded from the ruling of a bequest.
The presenter:
May Allah reward you.
Source
نور على الدرب - الفوزان - 03/200 — archive.org (2:50)
The Arabic text is a machine transcription of the audio recording.