It is the custom of some people for a person to bequeath one-third of his wealth as an endowment (waqf) for his children, male and female, to benefit from it after his death.

The questioner : A questioner says: It is the custom of some people among us in Saudi Arabia for a person to bequeath one-third of his wealth as an endowment (waqf) for his children, male and female, to benefit from it after his death, and then for the sons of the males from his descendants after them, and so on, excluding the children of his daughters or the children of his daughters' children. Sometimes, he bequeaths the one-third as an endowment (waqf) for the males of his descendants absolutely, excluding the females. Usually, a person bequeaths to one of his children the responsibility of managing these endowments to maintain and preserve them. In most cases, this child disposes of them as he pleases, which causes discord and dispute among the heirs. There are also people in our country who issue fatwas permitting this action. Is it permissible in the Shari'ah? Please give us a ruling, may Allah reward you.

The Shaykh : I do not see any basis for the permissibility of such a bequest, as it contradicts the authentic saying of the Prophet (peace and blessings be upon him): . Furthermore, this bequest involves distinguishing between males and females, which suggests the injustice of the people of the pre-Islamic age of ignorance (jahiliyyah) toward women, such as burying daughters alive and the like. Therefore, if a person makes such a bequest, his bequest is invalid and is not to be executed, as I believe. And Allah knows best.

The questioner : May Allah reward you with good.