If an endowment is designated for a group, then for the poor upon the extinction of that group, where does the property revert?

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 6 · Bab 1

Open in Qurani

Primary text

If an endowment is designated for a specific group and their progeny, and subsequently for the poor, the property reverts to the poor only upon the complete extinction of the initial group and all their descendants. As long as one member of the first group or their progeny remains, the subsequent designation does not take effect.

Supporting text

The terms 'poor' (*fuqara'*) and 'needy' (*masakin*) are largely interchangeable in non-Zakat contexts, meaning the poor of Zakat eligibility are included in both terms. If the endowment designates both 'the poor and the needy' in a manner requiring division (like specifying halves), then differentiation mirroring Zakat categories becomes necessary. If the endowment is to a group that can be exhaustively counted and equally included (like one's own children), equality and full inclusion are obligatory unless the endower explicitly specifies otherwise.