Charity and Endowment

Question: A man married a woman and she bore him children. Then she passed away before her father did. After that, her father gave in charity one-third of his wealth to his daughter’s children. After this was completed, one of the children who received the charity died.Some people say: This deceased child has no share in his grandfather’s charity, given that his father is alive, as well as his mother and his siblings. Do they take his share as his heirs, or not?

Answer: This depends on the nature of the charity his grandfather gave them. If it was in the form of a gift to them, transferring ownership to them, then it becomes their property, and the property of the deceased son belongs to his heirs after him.
However, if this charity was in the form of an endowment (waqf) for his daughter’s children, then it is restricted to the living, and the share of one who dies is cut off. It proceeds according to the condition of the endower, whether in order or without order among the beneficiaries, and regarding the generations, for example. But the second generation does not receive anything while any member of the first generation is alive.
This falls under the system of endowments, and the ordering of generations or the lack thereof, according to the text of the endower. If the charity mentioned is in the form of an endowment, then it is necessary to refer to the judge in this matter.

Question: Did he consider it an appraisal of this third of the wealth that they took possession of?

Answer: Yes, and even the sale of the bequest mentioned by the questioner, and the validity of this sale or its invalidity, this requires the review of the judge.
Because reviewing bequests and endowments is within the jurisdiction of the judges.