The matter must be investigated so that the correct ruling and the proper course of action can be determined, on the basis of whatever evidence is available—whether a registered deed or the testimony of reliable witnesses.

Charitable Donation and Endowment

Question: A man married a woman who bore him children. She died before her father. After her death, her father gave one-third of his estate in charity to his daughter’s children. After this had been carried out, one of those beneficiary children died. Some people claim that this deceased child has no share in his grandfather’s charitable gift, even though his father, mother, and siblings are alive. Do they receive his share as his heirs or not?

Answer: That depends on the nature of the donation their grandfather made. If it was a simple act of benevolence that transferred ownership to them, then it became their property, and the portion belonging to the deceased son now belongs to his heirs.

However, if the donation was established as a waqf (charitable endowment) for his daughter’s children, it is limited to those who are alive; the portion of anyone who dies is terminated. Distribution then proceeds in accordance with the condition set by the endower, whether or not he stipulated an order of precedence among the beneficiaries and their successive generations. In such a case, the second generation is entitled to nothing as long as a member of the first generation is still living.

This falls under the regulations governing awqāf (endowments). Whether generations are arranged in order of precedence depends entirely on the wording of the endower’s deed. Therefore, if the donation in question is indeed a waqf, the matter must be referred to the judge.

Question: Did he regard that as his valuation of the one-third of the wealth that they have taken over?