What is the ruling on a property dedication (Waqf) claimed by sons over the house of their deceased father, in the presence of both parents?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If three sons claim their deceased father dedicated his house to them while sound in health, and they produce a single witness, they must swear an oath with the witness. Upon taking the oath, the house becomes a Waqf for them, and the parents' right is nullified. If the sons refuse the oath, and there are no debts or valid bequests from the deceased, the parents swear the oath, and their shares become theirs outright. The sons' shares remain a Waqf based on their admission, as such an admission is legally effective.
Supporting text
If the deceased had debts or bequests, these are settled first. The remainder is distributed among the heirs, and whatever accrues to the sons is a Waqf for them based on their admission. If only one son swears the oath, one-third of the house becomes a Waqf for him, and the remainder is used to settle debts, with any surplus being inheritance. The share of the remaining portion that goes to the two non-swearing sons becomes a Waqf for them. The swearing son inherits nothing, as he acknowledges his right is limited only to what was dedicated to him.