Is it permissible to suspend the commencement of an endowment upon a condition that occurs during one's lifetime?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
It is not permissible to suspend the commencement of an endowment upon a condition during life, such as saying, 'When the beginning of the month arrives, my house is an endowment,' or 'if I have a child,' or 'if my absent person returns.' This is universally agreed upon because it involves transferring ownership that is not based on prevailing usage or continuity, thus requiring immediate effect like a gift.
Supporting text
Later scholars among our companions distinguish between suspending it upon death (which is valid) and suspending it upon a condition during life (which is invalid), based on the distinction made previously regarding the nature of the suspension.