He established a waqf (endowment) for his male descendants, generation after generation, until his lineage became extinct
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Fatwa No. ( 17 )
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed the inquiry and its attachments, received from the Honorable President of the Al-Baha Court, No. (4759), dated 6/11/1391 AH, addressed to the Honorable President of the Departments of Scientific Research and Ifta, Da'wah, and Guidance, and referred to the Committee by the General Secretariat of the Council of Senior Scholars, No. (2/39), dated 13/1/1392 AH. The text of the question is:
I submit to Your Eminence the petition of the one named Muhammad ibn Ahmad Mahi al-Abbas, attached to which is a statement of his properties that he wishes to endow pursuant to a title deed issued No. (152) on 311/7/1391 AH, in the manner indicated in his attached endowment document. We request Your Eminence to kindly provide your opinion on this request, as many such cases are presented to us seeking authentication of the acknowledgment thereof, and we are refraining from authenticating the acknowledgment and issuing a deed accordingly. End of text. Upon reviewing the petition of Muhammad ibn Ahmad ibn Mahi al-Abbas, the following text was found therein: "I wish to hold the principal of my properties and distribute the branches thereof to my descendants who are affiliated with me. I have brought a record from our group and have endowed all my properties, the ownership of which is included in the aforementioned deed, subject to the conditions recorded in the attached document. I humbly request that you review the attached document, authenticate it, register it in the ledger, and issue a Sharia deed pursuant to it." End of text.
After the Committee studied the inquiry and its attachments, it wrote the following answer: As stated in the endowment document: Muhammad ibn Ahmad ibn Mahi declared with his own tongue in the presence of witnesses, and endowed all his properties, including the house
and the lands mentioned above, located in the village of Wadi al-Abbas , to his son Ahmad ibn Muhammad ibn Mahi and his male descendants, generation after generation. If one of them becomes extinct, it reverts to the closest residuary male heirs to him. If they all become extinct, it reverts to the maintenance of the mosque and the poor and the needy. He stipulated for his daughters, his son's daughters, and his descendants' maintenance, clothing, and residence in the aforementioned house for those who do not have a husband to support them, and for those who have a husband or a son to support them, he stipulated continued support on every occasion as is the custom of the people of the town. And the children of the daughters have no share of that. End of the intended meaning. Based on this, this is a defective endowment (jinf); because he endowed it for some of the heirs and deprived some of them. And even if what he endowed is all that he owns or more than one-third, it is still a defective endowment; because it involves depriving the heirs of their Sharia shares. And this is encroaching upon the limits of Allah. It is not hidden from Your Eminence that the stronger opinion is that a defective endowment is prohibited, and accordingly, the signature was obtained. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and companions.
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed the inquiry and its attachments, received from the Honorable President of the Al-Baha Court, No. (4759), dated 6/11/1391 AH, addressed to the Honorable President of the Departments of Scientific Research and Ifta, Da'wah, and Guidance, and referred to the Committee by the General Secretariat of the Council of Senior Scholars, No. (2/39), dated 13/1/1392 AH. The text of the question is:
I submit to Your Eminence the petition of the one named Muhammad ibn Ahmad Mahi al-Abbas, attached to which is a statement of his properties that he wishes to endow pursuant to a title deed issued No. (152) on 311/7/1391 AH, in the manner indicated in his attached endowment document. We request Your Eminence to kindly provide your opinion on this request, as many such cases are presented to us seeking authentication of the acknowledgment thereof, and we are refraining from authenticating the acknowledgment and issuing a deed accordingly. End of text. Upon reviewing the petition of Muhammad ibn Ahmad ibn Mahi al-Abbas, the following text was found therein: "I wish to hold the principal of my properties and distribute the branches thereof to my descendants who are affiliated with me. I have brought a record from our group and have endowed all my properties, the ownership of which is included in the aforementioned deed, subject to the conditions recorded in the attached document. I humbly request that you review the attached document, authenticate it, register it in the ledger, and issue a Sharia deed pursuant to it." End of text.
After the Committee studied the inquiry and its attachments, it wrote the following answer: As stated in the endowment document: Muhammad ibn Ahmad ibn Mahi declared with his own tongue in the presence of witnesses, and endowed all his properties, including the house
and the lands mentioned above, located in the village of Wadi al-Abbas , to his son Ahmad ibn Muhammad ibn Mahi and his male descendants, generation after generation. If one of them becomes extinct, it reverts to the closest residuary male heirs to him. If they all become extinct, it reverts to the maintenance of the mosque and the poor and the needy. He stipulated for his daughters, his son's daughters, and his descendants' maintenance, clothing, and residence in the aforementioned house for those who do not have a husband to support them, and for those who have a husband or a son to support them, he stipulated continued support on every occasion as is the custom of the people of the town. And the children of the daughters have no share of that. End of the intended meaning. Based on this, this is a defective endowment (jinf); because he endowed it for some of the heirs and deprived some of them. And even if what he endowed is all that he owns or more than one-third, it is still a defective endowment; because it involves depriving the heirs of their Sharia shares. And this is encroaching upon the limits of Allah. It is not hidden from Your Eminence that the stronger opinion is that a defective endowment is prohibited, and accordingly, the signature was obtained. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.