Spending the surplus money after the legator's stipulations have been fulfilled

Q 2: If a legator defines certain acts of charity, such as offering 'Udhiyahs (sacrificial animals offered by non-pilgrims) and Hajj, and a remaining surplus of the Waqf (endowment) revenue is left, who would be entitled to it? Should Zakah be paid on it? Should it be evenly distributed among the male and female heirs?

A: The surplus resulting from the revenue of Waqf set aside for acts of charity must be spent in aspects of charity, unless otherwise stipulated by the legator. (Part No. 16; Page No. 139) In this case, the stipulation should be implemented as long as it does not contradict the Shari`ah (Islamic Law). However, if the heirs are poor and needy, they (both men and women) can be equally given what fulfills their need from the remaining surplus; either men or women. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and companions.