How are shares distributed among the encompassed descendants when the dedication is general, without specifying shares or order?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
If the general term 'children' is used without any qualifying indication regarding order or preference, two interpretations arise. The first suggests equal sharing (communal distribution/tashrik) among all included generations because they entered the dedication simultaneously, similar to acknowledging a debt owed to them collectively. The second suggests distribution must follow the established order of inheritance, where precedence is given according to the line of succession. This latter view is considered the apparent stance of Ahmad, based on the principle that later generations only inherit when the preceding generation (their immediate parent) is absent, mirroring the rules for grandchildren succeeding their fathers.
Supporting text
If the language implies an order, such as 'the highest generation first' (الأعلى فالأعلى) or preference for the elder or more knowledgeable, the intent is applied to the entire lineage based on that specified order. If the dedication specifies 'my children, excluding the daughters' children,' the exclusion is effective.