the children of so-and-so,” then we say: it passes immediately to the children of so-and-so, while the endowment for himself is invalid. Likewise, if he makes it an endowment for himself and then for students of knowledge, it passes directly to the students of knowledge.
But if he does not mention anyone after himself—such as when he says, “I have made this an endowment for myself,” and says nothing further—the endowment is invalid, and it remains unrestricted property, not an endowment. This is because the endowment was not validly established, nor was any ultimate beneficiary specified to whom it could be assigned; thus, it reverts to the endower.
In fact, their statement that it is assigned as an endowment to those after him supports the view that an endowment for oneself is valid. For if we say that it is invalid, then it must remain invalid and must not be assigned to those after him. How can it be assigned to those after him when it was never a valid endowment?!
The second view is that an endowment for oneself is valid. This was the view chosen by Shaykh al-Islam Ibn Taymiyyah, d. 728 AH, and a group of verifying scholars, because such an endowment has a benefit: it prevents him from disposing of it, so that he may neither sell it, give it away, nor mortgage it. When he dies, it is then assigned in the manner of an endowment whose beneficiaries have ceased to exist, rather than becoming an inheritance for the heirs.
However, if he does this as a legal stratagem to nullify the creditors’ right—such as a man who is in debt making his house an endowment for himself so that it will not be sold to settle his debt—then the endowment is invalid. Indeed, even if we suppose that he made it an endowment for someone other than himself as a stratagem to prevent its sale for the debt, the endowment is still invalid. This is the stronger view: if a person’s debt exhausts his wealth, then should he make any part of his wealth an endowment, it is invalid, because the creditors’ right has now attached to his property; and because