Is it permissible for the endower to specify unequal shares or conditions for enjoyment among beneficiaries?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
If the endower specifies preferential shares among the beneficiaries, the endowment stands according to his stipulation. This includes granting males double shares, granting shares based on established inheritance rules, favoring the older over the younger, the learned over the ignorant, or the needy over the wealthy. Stipulating conditions for receiving the benefit, such as requirements related to marriage, retention of religious knowledge, or adherence to a specific religious doctrine, is valid, provided the condition is descriptive of entitlement after the initial endowment is established and is not a condition that suspends the endowment itself. Al-Zubayr's endowment of his property which allowed his divorced daughter residence unless she became financially independent confirms this validity.
Supporting text
A dissenting view suggests that if the distribution is based on need or personal circumstances, such as favoring the needy among his children (like Al-Zubayr did for his divorced daughter or if specifying those with dependents), it is permissible according to a narration from Imam Ahmad. This is supported by Abu Bakr Al-Siddiq granting a specific portion of his wealth to Aisha above his other children, and the testament of Umar ibn Al-Khattab regarding his land, which allowed the administrator discretion in distributing the yield to the needy and relatives.