It is not permissible to make a waqf (endowment) for some of the children to the exclusion of others
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Fatwa No. ( 255 )
Q: The questioner made a house a waqf (endowment) for his two sons to the exclusion of his daughters. Now that they have grown up and become independent, he wants to make this house a waqf (endowment) for his daughters until they get married, and once they are married, the house would become a waqf (endowment) for his younger sons... etc. He asks whether this waqf (endowment) is permissible or not?
A: This waqf (endowment) is not valid; because it is a biased waqf (endowment), favoring your two sons, 'Abd al-Rahman and Ahmad, to the exclusion of the daughters. The same applies if you change your waqf (endowment) to be for your daughters until they get married, and then for your younger sons, thereby depriving your two sons, 'Abd al-Rahman and Ahmad, and the daughters after their marriage of it - this is also not valid; because it is a biased waqf (endowment) like the previous one. The Committee advises you that if you are determined to make a waqf (endowment), you should make it for the causes of righteousness, whatever they may be, or for whichever of your children need it, whether male or female, as long as you do not harm any of the heirs with your waqf (endowment).
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: The questioner made a house a waqf (endowment) for his two sons to the exclusion of his daughters. Now that they have grown up and become independent, he wants to make this house a waqf (endowment) for his daughters until they get married, and once they are married, the house would become a waqf (endowment) for his younger sons... etc. He asks whether this waqf (endowment) is permissible or not?
A: This waqf (endowment) is not valid; because it is a biased waqf (endowment), favoring your two sons, 'Abd al-Rahman and Ahmad, to the exclusion of the daughters. The same applies if you change your waqf (endowment) to be for your daughters until they get married, and then for your younger sons, thereby depriving your two sons, 'Abd al-Rahman and Ahmad, and the daughters after their marriage of it - this is also not valid; because it is a biased waqf (endowment) like the previous one. The Committee advises you that if you are determined to make a waqf (endowment), you should make it for the causes of righteousness, whatever they may be, or for whichever of your children need it, whether male or female, as long as you do not harm any of the heirs with your waqf (endowment).
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.