What happens to the settlement for water conduction if the beneficiary of the Waqf dies during the agreed term?
General Chapter
Al-Mughni
Book of Settlement
Primary text
There are two established opinions regarding whether the person to whom the endowment passes (the successor) can terminate the settlement for the remaining duration. This depends on the established opinion regarding the death of a lessor during the lease term.
Supporting text
If the ruling permits termination, the settling party may claim back from the heirs of the deceased the portion of the consideration corresponding to the remaining term. If the ruling prohibits termination, the successor to the endowment must adhere to the settlement with the heirs.