How does the Waqf transfer if it is stipulated to be sequential across generations (Batn after Batn)?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If the Waqf is established for the first generation (the three sons) through witness testimony and their oaths, and subsequently, the first generation perishes, the Waqf transfers to the second generation without requiring a new oath. This is because the Waqf's validity was already established by the initial evidence and oaths, similar to inherited property. Similarly, if the Waqf reverts to the poor (Masakin) upon the extinction of the descendants, no oath is required for them to establish their right. If one of the initial sons dies, his share transfers to his brothers or whomever the dedicator stipulated, without an oath, based on the prior establishment of the Waqf.
Supporting text
If the first generation refuses the oath, their shares become a Waqf for them based on their admission. If their children then claim the entire property is a Waqf for them by swearing the oath with the original witness, they are permitted to do so, as they are establishing the Waqf emanating from the original dedicator, similar to the first generation.