Do the descendants of daughters fall under an endowment designated for 'his children and their descendants'?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
The descendants of sons are included in an endowment designated for 'his children and their descendants' without dispute. However, regarding the descendants of daughters, Al-Khiraqi stated they are not included. Imam Ahmad, in one narration regarding an endowment upon 'his children,' held that the descendants of daughters receive nothing. Malik and Muhammad ibn al-Hasan share this view, holding that if the endowment is for 'their progeny and offspring' (*dhurriyyatihim wa naslihim*), the daughters' descendants are excluded. The basis for exclusion rests on legal analogy with inheritance laws, where descendants of daughters are not always included in terms like 'children' or 'descendants' for inheritance or veiling rules, and culturally, lineage is often traced through the male line.
Supporting text
Abu Bakr and Abdullah ibn Hamid hold that the descendants of daughters are included. This is also the view of the Shafi'i school and Abu Yusuf. Their evidence is that daughters are truly his children, and thus their children are truly the children of his children, requiring inclusion based on the encompassing nature of the terminology. Supporting this, the Quran names Jesus as being from the progeny of Abraham (Quran 6:84-85), although he is the son of his daughter, Mary. Furthermore, the Prophet peace be upon him, referred to his grandson Al-Hasan, the son of his daughter, as 'my son,' indicating linguistic inclusion. Exclusion only applies when there is specific wording requiring attribution solely through the paternal line or excluding those not attributed to the endorser.