Ruling on a Waqf which makes up more than one-third of the property dedicated by the competent donor with no intention of depriving the heirs
Q: I am an old woman and I have endowed a house. I do not have sons; all my children are daughters and they are living with their husbands and children. I endowed the house to be a source of income for me after my death and made my brother Himdan Sa`d ibn Qiddan responsible for it. However, some people opposed me, claiming that I can use only one third of the house and the rest has to be distributed among the inheritors; my daughters. Is that true? It should be noted that my daughters did not spend a penny on the house. Is there any problem to endow the house and appoint my brother Himdan to be in charge of it? I need your advice as I feel confused.
A: If you endow the house when you are healthy, the endowment should be fulfilled. You do not have the right to go back on it during your life time, (Part No. 16; Page No. 153) and it cannot be inherited after your death. However, there is no harm in what you did as long as you meant good; not to deprive the heirs. Also, there is no harm for you if you did not endow it in the beginning but then you endowed it through legal means when you were healthy. However, if you make a will for your family to endow it, it is permissible for you to retract the will before your death or to fulfill one third of what you leave as long as you are still alive. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
Disposing of the pri...
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