What is the distribution of a beneficiary's share upon their death without issue if the condition states that the share goes to those of the same generation (daraja) as the deceased?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
If the condition specifies that upon a beneficiary's death without issue, their share goes to those in the same generation, then if the waqf is structured sequentially by generation (batn ba'da batn), the share goes to the beneficiaries of the generation to which the deceased belonged. However, if the waqf is shared among all generations, one opinion holds that the share should be distributed among all waqf beneficiaries equally because they are equally entitled, and dividing it among a subset would lead to favoring some over others, contradicting the principle of equal sharing implied by the term 'shared'. This outcome would render the condition ineffective, as the ruling would be the same if the condition had not been mentioned.
Supporting text
Another view suggests that the share should return to the remaining members of the deceased's specific generation because they share the closest relation in degree to the common ancestor who unites them; this includes siblings, paternal cousins, and sons of paternal cousins, as they are equal in proximity. This interpretation is favored because otherwise, the condition would be meaningless if the share were distributed to all waqf beneficiaries, suggesting the founder intended a meaningful stipulation. Under this view, if no one exists in the deceased's exact generation, the condition becomes void, and the ruling defaults to the situation where the condition was unstated.