given among them to the foolish, or to one even less foolish than he. This is the consideration of the absence of a quality. Considering the presence of a quality is affirmative, whereas considering its absence is negative.
His statement, “and ordering”: ordering is for the endower to use wording that indicates sequence, such as saying: “This is an endowment for my children, then for their children”; or, “an endowment for my children, generation after generation”; or, “an endowment for my children; when the first generation ceases to exist, then it is for the second.” This is what we call ordering. It is not confined to the word “then”; rather, any wording that indicates sequence is to be applied accordingly.
But if someone asks: What is the difference between ordering and giving precedence?
The answer is that, under ordering, the second generation is entitled to nothing alongside the first generation. Under giving precedence, however, the second generation is entitled, along with the first, to whatever remains after the first generation has received its due. Thus, both the first and second generations are entitled, but the first generation is given precedence. In a case of giving precedence, the first and second generations may therefore share. For example, he may say: “This is an endowment for my children, with the neediest to be given precedence.” If we give the neediest enough—because the income is abundant—and some remains, we give the second generation from it whatever they need.
But if he says, “An endowment for my children, then for their children,” and the income is abundant, and we give the children what they need with many times that amount still left over, do we give the second generation anything? No, because he said “then,” and what comes after “then” does not share with what precedes it, since this wording indicates sequence. Likewise, if he says, “generation after generation,” this too indicates sequence.
If he says, “An endowment for my children, then for their children,” and one of his children dies leaving children, are they entitled to anything? There is a difference of opinion among the scholars regarding this issue. The well-known position of the madhhab is that the children of the deceased have no entitlement.