Section
An endowment is a binding contract: it may not be revoked or sold, …
His statement, “An endowment is a binding contract that may not be revoked,” means that it is established and cannot be altered. It may not be revoked because it is something set aside for Allah, Most High, and one may not retract it, just as one may not retract a charitable gift. From the moment a man says, “I have endowed my house,” “I have endowed my car,” or “I have endowed my book,” it becomes binding. There is no right to rescind it during the contracting session, unlike a bequest. A bequest is not a contract that is immediately binding; rather, it only takes effect after death.
As for an endowment made conditional upon death—for example, if he says, “This is an endowment after my death”—the established position of the school is that it becomes binding from the moment he says it and cannot be revoked. Nevertheless, only up to one-third of the estate takes effect. Thus, they regard it as a bequest in one respect and an endowment in another. This is not correct, for a single contract cannot be given two different rulings. Either we say that it becomes binding immediately and disregard the condition; in that case, it becomes binding whether it is one-third, more, or less. Or we say that it does not become binding until after death; in that case, it is limited to one-third or less. This is the correct view, because the man has made the endowment conditional upon death, and it cannot take effect before the condition occurs. Therefore, it takes effect only after death and is limited to one-third or less.
An example of this is when a man says, “When I die, my house is an endowment,” or, “When I die, my library is an endowment.” According to the established position of the school, it takes effect immediately, and he cannot sell any part of it because it has already taken effect. Yet when he dies, if the heirs approve the endowment, it takes effect; but if they do not approve it, only the equivalent of one-third of the estate takes effect.