Is it valid to make a waqf (endowment) for someone who has not reached puberty?
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Fatwa No. ( 1410 )
Q: My father, Abdul Aziz al-Husayn, passed away in 1387 AH. I found among his papers a document stating that he made a waqf (endowment) of a date palm grove for a daughter of his who died in early childhood. The document is dated 1364 AH, and the daughter in question was born in 1332 AH and died at an age of approximately thirteen. The questions are: 1 - Is it valid to make a waqf (endowment) for someone who has not reached puberty? 2 - If it is valid, is it permissible to distinguish her from among her siblings, knowing that her siblings
present at the time of the endowment numbered approximately eight, both male and female? 3 - If you rule that the endowment is valid, is it added to my father’s one-third (of his estate) or is it kept separate? A copy of the document is attached. End of question.
A: Upon reviewing the document, it was found that the endowment of the date palm grove by his father for the aforementioned daughter, as mentioned by the questioner, is valid, and that its proceeds are to be used for charitable works such as evening meals and sacrificial animals. It contains the testimony of Ibrahim al-Dahim al-Husayn, and its scribe was Ibrahim ibn Ubayd al-Abd al-Muhsin. After the Committee studied the question and the document, nothing was found that would necessitate invalidating the endowment. These date palms are to be kept separate and are not to be added to her father’s one-third, as the questioner mentioned. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father, Abdul Aziz al-Husayn, passed away in 1387 AH. I found among his papers a document stating that he made a waqf (endowment) of a date palm grove for a daughter of his who died in early childhood. The document is dated 1364 AH, and the daughter in question was born in 1332 AH and died at an age of approximately thirteen. The questions are: 1 - Is it valid to make a waqf (endowment) for someone who has not reached puberty? 2 - If it is valid, is it permissible to distinguish her from among her siblings, knowing that her siblings
present at the time of the endowment numbered approximately eight, both male and female? 3 - If you rule that the endowment is valid, is it added to my father’s one-third (of his estate) or is it kept separate? A copy of the document is attached. End of question.
A: Upon reviewing the document, it was found that the endowment of the date palm grove by his father for the aforementioned daughter, as mentioned by the questioner, is valid, and that its proceeds are to be used for charitable works such as evening meals and sacrificial animals. It contains the testimony of Ibrahim al-Dahim al-Husayn, and its scribe was Ibrahim ibn Ubayd al-Abd al-Muhsin. After the Committee studied the question and the document, nothing was found that would necessitate invalidating the endowment. These date palms are to be kept separate and are not to be added to her father’s one-third, as the questioner mentioned. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.