What is the ruling on transfer if the dedicator stipulated that the share of any son dying with issue transfers to his children?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If the dedicator stipulated that the share of any son dying with offspring transfers to his children, it transfers to those children unanimously, as there is no challenger to that right. If a son dies without issue, his share transfers to his two brothers, according to the soundest view, though two other possibilities exist.
Supporting text
If the Waqf was established jointly (Shirkah) between the first generation and their descendants, and one of the original sons' children is present: if the child is mature, they must swear the oath to claim their share; otherwise, their share becomes inheritance, subject to debts and bequests, with the remainder distributed among heirs. If the child is a minor, their share is held in trust until they reach maturity to swear the oath, as they receive the Waqf directly from the dedicator without intermediary.