What is the recommended distribution method for an endowment to children and their progeny when no preference is stated?

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 5 · Bab 1

Open in Qurani

Primary text

It is recommended (*mustahabb*) that the endowment be divided among the children according to Allah's division in inheritance, granting the male twice the share of the female. This preference is justified because the transfer of wealth should follow established rules of transfer, like a gift (*'atiyyah*). Furthermore, males typically incur greater financial obligations (supporting wives and children), mirroring the rationale God used to prefer them in inheritance.

Supporting text

The view of Al-Qadi is that equality between male and female beneficiaries is recommended because the intent is perpetual piety (*qurbah*) and they are equal in kinship. However, this view is rejected as lacking basis and contradicted by established rules of inheritance and gift-giving.