The scope of the term 'my children' (أولادي) or 'the children of so-and-so' (ولد فلان) in a Waqf dedication that subsequently mentions the poor (المساكين)?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
The established ruling is that the dedication of a property as Waqf upon 'my children' or the children of a specific person includes their male descendants, even those several generations removed (descendants of descendants), unless there is an explicit textual indication (*qarinah*) to the contrary. This interpretation is supported by reliance on the general meaning established in Divine Law, specifically Quran 4:11 concerning inheritance shares for children, which encompasses male descendants regardless of how far removed they are. Furthermore, descendants are considered 'children' in the linguistic and legal sense, as evidenced by Divine address to 'O children of Adam' (Ya Bani Adam) and the Prophetic instruction to 'Shoot, O children of Ishmael' (Armu Bani Isma'il). This application extends whether the beneficiaries are the settler's own lineage or another defined lineage (a tribe/qabilah).
Supporting text
The dissenting view holds that 'children' (*walad*) strictly refers only to one's direct, lineal offspring (children of the loins/of the hard part, *waladi li-sulbi*). Under this view, the term 'children of children' is considered a mere metaphorical extension (majazi), which is supported by the fact that one can truthfully deny paternity for a grandchild by saying, 'This is not my child, but my child's child.'