Distribution of Waqf when a person with three sons states: 'This Waqf is for my sons so-and-so and so-and-so, and for the children of my son.'
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
When a person establishes a Waqf stating, 'It is for my sons [named] and [named], and for the children of my son,' the Waqf applies only to the two named sons and their offspring, in addition to the offspring of the third son. The third son himself receives nothing from the Waqf.
Supporting text
The view of Al-Qadi is that the third son is included in the Waqf. Ahmad is reported to have supported this interpretation in a similar case, stating that if someone says, 'I have endowed this estate for my sons so-and-so and so-and-so, and for the children of my son,' and he has other sons, they all share in the endowment. Al-Qadi argued that the term 'my sons' encompasses the entire category, and naming two serves only as emphasis, not exclusion, analogous to the phrasing in Quran 2:98 concerning enemies of Allah, His angels, His messengers, Gabriel, and Michael.