Permissibility of children taking from yields of a Waqf dedicated by the father to support the needy amongst them
Q:
A person assigned for his children a Waqf (endowment) that has revenue.
It is mentioned in the Waqf document: When one of my daughters needs to reside at the house, she may do so. He also bequeathed that two sacrificial animals shall be offered out of its revenue; one for him and one for his deceased parents. If their offspring need money, there is no harm for them if they do not offer the sacrificial animals. A man asks: Shall they take from the revenue?
A:
Since the endower (may Allah be merciful to him) made residence benefit dependent on the need of any of his daughters and equally made the offspring's benefit from the Waqf dependent on their need, so the daughter who is in need should be given what enables her to rent a proper house from the revenue and she shall be given her assigned portion of the revenue if her need is proved. The same shall be applied to Nasir and his daughters when the daughters of the deceased are not in need of the rest of the money after fulfilling their needs and offering the sacrificial animals. If one of them is in need, he shall be given a portion from the revenues, which fulfills his needs. If the need of one of them is more severe than others, he shall be given more than them so as to fulfill his needs. As for the male children if (Part No. 16; Page No. 119) they are poor and have children to support, their need and the need of their children will be taken into consideration because their children are included in the meaning of offspring. Some scholars said that the extra money of the revenue should be spent in charitable ways. Giving charity to a needy relative is one of the most important charitable ways and its reward is doubled because it contains charity and maintaining the ties of kinship. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.