What is the consequence if a minor child who has a share set aside in a joint Waqf reaches maturity and refuses to swear the oath?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If the minor reaches maturity and swears the oath, the share is confirmed for him. If he refuses the oath, the ruling depends on whether he was present at the time of the initial claim: if he was present, his share becomes inheritance, as if he were mature and refused the oath. If growth/increment (Nama') occurs after the Waqf is established by the oaths of the primary beneficiaries, the minor's share is also secured, unless he denies the Waqf, in which case his share of the yield is treated as inheritance. If he does not deny the Waqf, his share remains a Waqf for him.
Supporting text
The Judge (Al-Qadi) holds that if the minor refuses the oath, his share reverts to the original three sons, regardless of when he existed relative to the initial claim, because his share cannot be secured without his oath, nor can the established Waqf be invalidated by his refusal. However, the sound view maintains that if he was present at the claim, he is a partner, and refusing the oath means the Waqf cannot be established for his share without it. If he appeared later, the other sons have admitted his share, and they cannot take more than the three-quarters of the Waqf they are entitled to.