How is the remainder of an endowment distributed among the heirs if it reverts to them?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
In one narration from Imam Ahmad, the distribution among the heirs follows their respective shares of inheritance, and the property remains an endowment for them, as the endowment implies perpetuity. The reason for directing it to them is their superior right to his charity. The position derived from the apparent meaning of Al-Khiraqi's statement suggests it reverts to them as an inheritance, effectively nullifying the endowment aspect.
Supporting text
Another interpretation suggests it is distributed to the closest paternal relatives (asaba) alone, excluding those receiving fixed shares (ashab al-furud) and distant paternal relatives, following the precedence in the inheritance of patronage (Wala'). However, this is considered weak as it lacks textual basis (Nass or Ijma') and the analogy to Wala' is unsound. The strongest opinion is to direct it to the needy (Masakin), as they are the recipients of God's wealth and rights. If there are needy persons among the endower's relatives, they are prioritized, although not mandatorily so, similar to Zakat.