Section
As for the term “sons” in the expressions, “I have endowed this for my sons,” “for my sons and my sons’ sons,” or “for my sons and their sons,” the ruling is the same as for the terms “children” and “posterity,” according to the view that a masculine plural includes females. According to the view that it does not include them, only his sons and his sons’ sons benefit from the endowment, to the exclusion of the females. If, however, he says, “I have endowed this for my children, male and female”—whether he names them or not—“and for their posterity,” the ruling is as I have explained concerning “children” and “posterity.” Success comes from Allah alone.
Section
A charitable gift likewise takes one of three forms:
First: a person gives his house or real estate in charity to specified individuals.
Second: he gives it in charity to unknown beneficiaries who are neither individually specified nor limited in number.
Third: he gives it in charity to a limited group whose individual members are not specified.
As for the first form—giving it in charity to specified individuals, as when he says, “This house is a charitable gift to so-and-so”—there is no disagreement that it becomes that person’s property: he may sell it or give it away, and it passes to his heirs.
As for the second form—giving it in charity to beneficiaries who are neither individually specified nor limited in number, as when he says, “This house is a charitable gift to the poor,” “in Allah’s cause,” “to Banū Zuhra,” or “to Banū Tamīm”—it is sold and its proceeds distributed to the poor according to the best judgment exercised. If, however, he says, “It is a charitable gift to the poor, for them to live in or derive income from,” it becomes an endowment for the poor to occupy or derive income from, and may not be sold.