It is not permissible to make a waqf (endowment) with the intention of depriving the heirs
Machine translationRead the Arabic original
Fatwa number ( 288 )
Q: He has a wife, a mother, a paternal sister, and a paternal cousin, who is his 'asabah (residuary male heir). His cousin is distant from him; he does not maintain ties with him nor help him. He owns a house that he wants to endow (waqf) for his mother, wife, and sister, and after their deaths, the endowment of the house is to revert to a permanent charitable institution, such as mosques, for example. He intends by this action to deprive his cousin of the residuary inheritance only. He asks: Is it permissible for him to do this?
A: The Shaykhs (al-Bukhari and Muslim) narrated in their Sahihs from 'Umar ibn al-Khattab (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 1 . The questioner has explicitly stated that he does not intend anything from this action except to deprive his cousin of the residuary inheritance only. Therefore, it does not appear to us that this action is permissible given the intention mentioned, for even if his cousin is not an heir now because the fixed shares exhaust the estate, he may be an heir in the future.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: He has a wife, a mother, a paternal sister, and a paternal cousin, who is his 'asabah (residuary male heir). His cousin is distant from him; he does not maintain ties with him nor help him. He owns a house that he wants to endow (waqf) for his mother, wife, and sister, and after their deaths, the endowment of the house is to revert to a permanent charitable institution, such as mosques, for example. He intends by this action to deprive his cousin of the residuary inheritance only. He asks: Is it permissible for him to do this?
A: The Shaykhs (al-Bukhari and Muslim) narrated in their Sahihs from 'Umar ibn al-Khattab (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said:
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىAnd 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.