upon a particular basis; therefore, it is not permissible to dispose of his property except in accordance with the basis upon which he endowed it.

As for the latter group, who hold that it is permissible, they say: the fundamental purpose of an endowment is righteousness and beneficence; thus, whatever is more righteous and more beneficial is of greater benefit to the endower and to the people. They cite as evidence that, in the year of the Conquest, a man came to the Prophet, peace and blessings be upon him, and said: “O Messenger of Allah, I vowed that, if Allah granted you the conquest of Mecca, I would pray in Jerusalem.” He said to him, “Pray here.” The man repeated his question, and he said, “Pray here.” He repeated it again, and he said, “Then it is up to you.” (1)

An endowment resembles a vow. Therefore, if the Prophet, peace and blessings be upon him, permitted one who had made a vow to change to what was better, then the same applies to the endower. This view is correct: it is permissible to alter the endower’s stipulation to what is better, provided that the endowment is not designated for a specific person. If it is designated for a specific person, then we may not go beyond that. Thus, if he says, “It is an endowment for so-and-so,” it cannot be diverted to a more virtuous cause, because he has specified that person, and a private right has become attached to it; therefore, it cannot be changed or transferred.

His statement, “combining beneficiaries,” means that he says: “This is an endowment for my children and their children.” In that case, the endowment is for the children and their children collectively. Thus, if he has three children and three grandchildren through a son, the endowment is divided among six, because he has included them all together. The conjunction “and” indicates combination, so it is divided equally among them all, without any order of precedence.