What is the distribution rule if the waqf is established upon sons, stipulating that if one of them or their children dies leaving issue, the share goes to the issue, but if one dies without issue, the share reverts to the waqf beneficiaries?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
The distribution must adhere strictly to the terms specified in the waqf deed. Similarly, if the waqf includes sons and daughters, and the condition states that if a male dies leaving issue, the share goes to his issue, but if a female dies without issue, her share reverts to the waqf beneficiaries, the ruling is according to what was stipulated.
Supporting text
If the founder stipulates that the endowment is for his children, designating a specific amount, for instance, one thousand for the daughters, and the remainder for the sons, the sons receive nothing until the daughters' stipulated amount is fully satisfied. This is because the daughters were granted a specific, named share (*dhuwi al-furud* concept), while the sons were granted the residual amount (*asabat* concept).