What is the ruling on an endowment whose benefits have ceased? Is it permissible to make an endowment for one's children?
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The questioner : His EminenceThe Shaykh : A man endowed his wealth for his children... except the women, who take their share only for the duration of their lives. After that, the wealth has been idle for twenty years; the palm trees have withered and fallen to the ground, and floods have swept through. What is the ruling in this case, O Shaykh?
The Shaykh : The scholars (may Allah have mercy on them) said: If the benefits of an endowment cease, it is sold and transferred to another place where there are benefits.
The questioner : All of his wealth, O Shaykh?
The Shaykh : Huh?
The questioner : Is it permissible to endow all of his wealth for his children only?
The Shaykh : No, endowing all of his wealth for his children during his lifetime is permissible, but if he bequeaths it after his death, it is not permissible except for one-third or less. Also, it is not permissible except for one-third or less, on the condition that he does not favor some of the heirs over others.
The questioner : O Shaykh, he wrote...: "May the curse of Allah be upon its seller and its buyer!"
The Shaykh : There is no proof for this curse.
The Shaykh : The scholars (may Allah have mercy on them) said: If the benefits of an endowment cease, it is sold and transferred to another place where there are benefits.
The questioner : All of his wealth, O Shaykh?
The Shaykh : Huh?
The questioner : Is it permissible to endow all of his wealth for his children only?
The Shaykh : No, endowing all of his wealth for his children during his lifetime is permissible, but if he bequeaths it after his death, it is not permissible except for one-third or less. Also, it is not permissible except for one-third or less, on the condition that he does not favor some of the heirs over others.
The questioner : O Shaykh, he wrote...: "May the curse of Allah be upon its seller and its buyer!"
The Shaykh : There is no proof for this curse.