the daughters are to be excluded from his ḥabs once they marry, or any other clause of that sort; every such stipulation remains effective provided he laid it down while in sound health.

It is discouraged for a man to deprive the females and favour the males; yet if he does so, his action is valid, for the property is his and, while healthy, he may dispose of it as he wishes.

Nonetheless, it is better for him to treat all his children equally in every gift, just as he would like them all to be equal in their dutifulness toward him.

It is related from Malik that he said: “Whoever limits a ḥabs to his male children and excludes the females, the ḥabs is void and reverts to inheritance.” Ibn Wahb and others transmitted this report.

Ibn Wahb also said: Yazid ibn ʿIyād told me, on the authority of Abū Bakr ibn Ḥazm, that when ʿUmar ibn ʿAbd al-ʿAzīz was dying he wished to rescind the charities from which women had been excluded.

Malik further said: If someone establishes a ḥabs and stipulates that any daughter who marries shall have no right to it unless some later benefactor restores her share, that condition must be annulled until the matter is put right. There is disagreement on this point: the judges in our region uphold the stipulation, but nullifying it is more pleasing to me.

It is permissible for a person who endows real property—such as date-palm groves, a house-quarter, a vineyard, or the like—for the poor to administer the ḥabs himself, provided that his supervision genuinely serves the charitable purpose and it is not known that he merely seeks personal benefit during his lifetime; still, entrusting its management to someone else would be preferable. This is the version transmitted by the scholars of Medina from Malik.

The Egyptian transmitters, however, report from him that a house-quarter, orchards, and lands do not become a valid ḥabs, nor is possession thereof complete, until someone other than the donor takes charge of their administration.

They all agree in reporting from him that if a man endows horses or weapons, using them to equip those who go out for jihad, expedition after expedition—each time the equipment returning to him so that he may prepare it anew for the ḥabs—then all of this constitutes an effective and valid ḥabs that remains operative after his death, even though the items were in his own hands.

A ḥabs over an undivided share is permissible once seisin has taken place, according to what has previously been stated concerning the seisin of gifts and charity.

Whoever endows a ḥabs upon a young child—