Is a waqf (endowment) established for future descendants valid?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

An endowment (*waqf*) established for those who will be born from one's children or the children of a specific person is valid. This is permissible because the purpose of a *waqf* is perpetuity, necessitating the establishment of rights for those not yet in existence, unlike a bequest which follows the rules of inheritance.

Supporting text

It is argued that if a *waqf* can be established for the non-existent, a bequest (which is more flexible regarding the non-existent and unknown) should also be valid. This analogy is rejected because a bequest is governed by the rules of inheritance, which only apply to existing persons.