How is the distribution determined when the waqf is designated for the first generation, stipulating that the share of one dying without issue transfers to those in their immediate generation?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
Three interpretations exist regarding the transfer of the share of one dying without issue to those in the immediate generation. The first interpretation states the share is divided equally among all waqf beneficiaries, regardless of whether they belong to one generation or multiple, or whether their initial shares in the waqf were equal or unequal, based on prior reasoning. The second interpretation holds that the share goes to the members of that generation, irrespective of whether they are beneficiaries of the waqf or not. The third interpretation limits the transfer to the members of that generation who are actual beneficiaries of the waqf.
Supporting text
If a person in the deceased's generation who is otherwise not entitled to receive from the waqf exists, such as a fourth son whose father endowed the waqf upon his three other sons under these conditions, the non-entitled person receives nothing from the deceased's share because they lack the inherent right to the endowment, similar to a paternal cousin.