How is property distributed among the sons of sons (grandsons) in an endowment?

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 2 · Bab 1

Open in Qurani

Primary text

The distribution among the sons of the sons shall be equal, unless the dedicator specifically favored some of them. If a person dedicates property to a group of people, their children, descendants, and offspring, the property shall be shared among them and their future descendants in partnership, provided no contextual clue necessitates ordering or preference. The conjunction 'and' (waw) implies partnership, so when they are present together, they share equally without one party preceding or having precedence over the other, even if one is of a later generation. If a fetus is present (unborn), it does not participate until it is fully separated (born), as its existence as a child is uncertain until separation.