Temporary endowment for children
Machine translationRead the Arabic original
The questioner:
And in what case does a person make a temporary endowment of his property for his children after his death for a limited period until it expires, and then it becomes temporary? The question is: What is the ruling on this in the Shari'ah? And what is the Shari'ah requirement for structuring this? And is it possible to make a temporary endowment except for harm until it becomes…
The Shaykh:
No, if an endowment is made by a sane adult, his ownership of this wealth ends; it becomes an endowment outside his ownership and does not return to his ownership thereafter. A temporary endowment is not valid; an endowment must be permanent. If one makes an endowment for his children, whether for all of them or some of them, he should say "for the needy among the descendants" or "for the needy among the children," for the needy. So if he says "for the needy among my descendants" or "for the needy among my children," this is valid; it is tied only to the need. Yes.
The questioner:
O my brothers.
The Shaykh:
As for if he says "an endowment for my children" and does not say "for the needy," this is not permissible because it deprives them of their inheritance after him. But if he says "for the needy," tying it to that condition, there is nothing wrong with it. Yes.
And in what case does a person make a temporary endowment of his property for his children after his death for a limited period until it expires, and then it becomes temporary? The question is: What is the ruling on this in the Shari'ah? And what is the Shari'ah requirement for structuring this? And is it possible to make a temporary endowment except for harm until it becomes…
The Shaykh:
No, if an endowment is made by a sane adult, his ownership of this wealth ends; it becomes an endowment outside his ownership and does not return to his ownership thereafter. A temporary endowment is not valid; an endowment must be permanent. If one makes an endowment for his children, whether for all of them or some of them, he should say "for the needy among the descendants" or "for the needy among the children," for the needy. So if he says "for the needy among my descendants" or "for the needy among my children," this is valid; it is tied only to the need. Yes.
The questioner:
O my brothers.
The Shaykh:
As for if he says "an endowment for my children" and does not say "for the needy," this is not permissible because it deprives them of their inheritance after him. But if he says "for the needy," tying it to that condition, there is nothing wrong with it. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، كتاب الصيام — islamhouse.com (57:15)
The Arabic text is a machine transcription of the audio recording.