so-and-so,” Mālik held two differing opinions: whether it becomes an inalienable charitable endowment that does not revert to the founder and, after the beneficiary’s death, remains an endowment for the founder’s nearest relatives; or whether it is not an inalienable charitable endowment and, after the beneficiary’s death, reverts to the founder as his unrestricted property, which he may sell or dispose of as he wishes. Both opinions are explicitly recorded in al-Mudawwanah, whether or not he says, “for his lifetime.”
This is the apparent meaning of al-Mudawwanah, and it is Sahnūn’s position. Another view holds that if he says, “for his lifetime,” it reverts to the founder as his property after the beneficiary’s death; otherwise, it devolves as endowments do upon the founder’s nearest relatives. This was Ibn al-Mawwāz’s view, though its rationale is unclear. If, however, he says, “a charitable endowment,” or “an endowment that may neither be sold nor given away,” Ibn al-Qāsim reports in al-Mudawwanah that Mālik’s position on this did not vary: it becomes an inalienable charitable endowment, devolving as endowments do upon the founder’s nearest relatives, and does not revert to the founder as his unrestricted property. This is not correct, however. Ibn ʿAbd al-Hakam related from Mālik in his book that it reverts to the founder as his property after the beneficiary’s death, even if he says, “a charitable endowment,” provided it is for a specified individual. Ibn Wahb likewise states in al-ʿUtbiyyah that an endowment for a specified individual reverts to the founder as his unrestricted property, even if he stipulates that it may neither be sold nor given away, since these words may mean that it may neither be sold nor given away during the beneficiary’s lifetime.
The second category is where a man endows his house or landed property for unspecified beneficiaries who are neither individually designated nor a delimited group—for example, by saying, “for the poor,” “in Allah’s cause,” “for Banū Zuhrah,” or something similar. There is no disagreement that this is an inalienable charitable endowment, dedicated to the purpose for which he assigned it, and that it never reverts to the founder.
The third category is where he makes an endowment for a delimited group whose members are not individually designated—for example, by saying, “This house is an endowment for so-and-so’s children,” or “for his descendants,” “for his sons,” “for his offspring,” “for his progeny,” or something similar. There is no disagreement that this is an inalienable charitable endowment that does not revert to the founder and, once the beneficiaries have died out, becomes an endowment for those most closely related