What is the distribution of a beneficiary's share upon their death if the waqf deed specifies the share goes to their children, or to their siblings, or to the children of their children, or to the children of their brother, or to their sisters, or to the children of their sisters?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
The distribution follows the specific condition set forth by the founder in the waqf document. If the condition states that if any beneficiary dies leaving a child, their share goes to that child, or if they die without issue, their share goes to the other waqf beneficiaries (ahl al-waqf), the ruling follows that condition. For example, if a person leaves two sons and one dies leaving two sons, the deceased's share transfers to those two sons. If the second son dies without issue, his share is divided equally between his surviving brother and the two sons of the first deceased brother, as they are the waqf beneficiaries. If one of the sons of the first deceased dies without issue, his share transfers to his brother and his paternal uncle (the surviving son of the original waqf beneficiary), as they are the waqf beneficiaries.
Supporting text
If a son dies without issue, leaving two surviving brothers and the two sons of another deceased brother, the deceased son's share goes exclusively to his two surviving brothers, excluding the sons of the deceased brother, because those nephews are not considered waqf beneficiaries while their respective fathers (the two brothers of the deceased) are still alive. Upon the death of their fathers, their entitlement would materialize. If the third original son dies, his share goes equally to the sons of his deceased brother, provided he leaves no children; but if he leaves one son, that son receives his father's share (half of the remaining portion), and the two sons of his other brother each receive a quarter.