What is the legal effect of heirs approving a property endowment (Waqf) made by the testator during his final illness?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 8 · Bab 1

Open in Qurani

Primary text

The endowment made by the testator during his final illness becomes valid if the heirs approve, provided that the approval is ruled to be a pure implementation (tanfidh) of the original act. If the ruling is that the act constitutes a fresh gift, it is not valid, because in doing so, they would effectively be establishing an endowment upon themselves.