All of them fall under the grandfather’s ḥabs, and the arrangement does not give preference to the immediate sons over their own sons. If, when establishing a ḥabs for his daughters, a man stipulates that any daughter born to him thereafter shall join them in the ḥabs, then every daughter he subsequently fathers is included. Should his sons later beget daughters, those granddaughters are likewise brought under the ḥabs alongside their paternal aunts.

Whoever dedicates a ḥabs “to the family of so-and-so” or “to the sons of so-and-so”—that is, to a particular clan, sub-clan, or tribe—includes the men themselves, their sons, and the sons of their sons for as long as any of them remain. If none of them are found, the endowment reverts to the next-closest agnates of the founder, as previously explained.

If a ḥabs is made for the mawālī of a given person, it embraces his own mawālī, his father’s mawālī, and the mawālī descending from them generation after generation. The judge must use his discretion to distribute the usufruct fairly among them.

When both the endower and the beneficiaries acknowledge the ḥabs and divide it among themselves in a manner that is legally sound, their admission alone does not establish the ḥabs; valid testimony is still required to confirm that they have taken actual possession.

Should the endower stipulate that maintenance and repair are to be borne by the beneficiaries, the clause is void; upkeep must be financed from the ḥabs’s own yield.

Whoever endows real estate that later falls into ruin may not sell it. If he endows an animal that afterward grows old and feeble, however, there is no harm in selling it and substituting another of the same kind. ʿAbd al-Malik ibn ʿAbd al-ʿAzīz held that such a sale is impermissible, drawing an analogy with real estate.

Rabīʿah is reported to have allowed the sale of ruined endowed property whose restoration is no longer feasible, on condition that the proceeds be used to purchase a similar property, though this is not the prevailing practice. ʿAbd al-Malik expressed the same view regarding property whose repair is hopeless and from which no benefit is derived: its price should be spent on a suitable substitute. A number of Mālikīs have likewise adopted Rabīʿah’s opinion permitting the sale of endowed assets.

Endowing horses “in the path of Allah” is valid. Mālik’s statements differ concerning the endowment of animals other than horses: in one report he disapproved of it; in another he permitted it.

When livestock is placed in a ḥabs, this does not exempt it from zakāt once it reaches the liable minimum, and the same principle applies to fruit. Whoever endows horses or