of my son; then to the poor.” It would pass to the poor if the fetus is delivered stillborn. If someone were to hold this view, it would be a sound one.
His statement, “or a grave”: if one makes an endowment for a grave, the endowment is invalid, because a grave cannot own property and because it is a means leading to what is prohibited. The grave derives no benefit from this. Thus, if he says, “I do not wish to decorate the grave, hang lamps over it, or anything of that sort. Rather, if it collapses, I want it to be rebuilt, for at times rainfall becomes heavy and reaches the bricks placed over the burial niche, causing the grave to collapse; it then needs repair,” we say: it is not permissible even in this case, because such a circumstance is rare; therefore, the endowment is invalid.
If someone says, “What if it is the grave of a saint, attended by custodians and servants and visited by people?” We say: this is even more invalid, because it is a means to shirk (associating partners with Allah), and it may constitute major shirk for those who visit it.
His statement, “nor its acceptance”: that is, in an endowment made for a specified individual, it is not a condition that the individual accept it; nor, in an endowment made for a particular cause, is it a condition that its administrator, or every member of that group, accept it. It is impossible for us to gather all the poor and ask them whether or not they accept.
Thus, if he says, “This house is an endowment for So-and-so,” and So-and-so says, “I do not want it,” we say: the endowment has now taken effect, and it is directed to whoever comes after him if an alternative destination was stipulated; otherwise, it is directed to the disposition of a terminated endowment. Allah willing, it will later be explained to whom an endowment belongs when those entitled to it have ceased to exist.
His statement, “nor its acceptance,” explicitly negates acceptance being a condition, because some scholars maintain that, for an endowment made for a specified individual, that individual’s acceptance is a condition.