and concerns a specified recipient; such a recipient must be capable of ownership. However, if you consider the endower’s purpose when he says, “This is an endowment for this particular horse,” intending to benefit that horse because it is ridden in fighting in the cause of Allah, then, in our view, it is valid.
The second opinion regarding an animal is that if it is an animal from which the religion benefits, or which performs some charitable service, there is nothing wrong with making an endowment for it and spending on its needs: its feed, the construction of a shelter for it in winter or summer, and the like. If it is no longer needed, the endowment should be directed to something similar.
His statement, “or a fetus”: likewise, an endowment for a fetus in the womb is not valid. For example, if someone says, “This is an endowment for what is in the womb of this woman,” it is not valid, because the fetus cannot own property. If it cannot inherit—even though inheritance takes effect with considerable force—then this is even more so. Since it cannot own property, an endowment made for it is invalid. However, it may be included incidentally, as when someone says, “For so-and-so and any children born to him”; there is no problem with that. But it may not be made the recipient independently, because a fetus cannot own property.
If someone were to hold that an endowment for a fetus is intrinsically valid, that would not be a far-fetched view. We would then say: if the fetus is delivered alive with a stable life, it is entitled to the endowment; otherwise, the endowment is invalid, unless an alternative destination has been stipulated for it.
For example, a man says, “This is an endowment for what is in the womb of my son’s wife.” What prevents it from being valid? It may be said: if she delivers a child alive with a stable life, the endowment belongs to him; but if she delivers it stillborn, the endowment is invalid—unless he stipulates an alternative destination for it, such as saying, “This is an endowment for what is in the womb of my son’s wife”