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What is the jurisprudential interpretation of a real estate endowment for offspring and good deeds, and what are the suggested amounts for maintenance and the beneficiaries among the offspring, the poor, and the needy? Is the supervisor of the endowment allowed to take a fee? Is it permissible to distribute a portion of the endowment to the heirs in the absence of deserving offspring to avoid problems?

1 min readAlso available in العربية

If the deceased bequeathed to his descendants the building after his death, this will is not valid for an heir, nor for more than one-third, unless the heirs approve it.

If the heirs approve it, it is considered a valid will, and the waqf (endowment) is applied as stipulated by the endower, because the condition of the endower is like the text of the Lawgiver, as long as it does not contradict it. Therefore, the revenue from the building is spent on what the endower mentioned, and what remains after maintenance is distributed to the needy among his deserving descendants. As for those who do not possess the described characteristic, they receive nothing. If there are no needy among them, nothing is disbursed to them.

What remains after the deserving descendants is spent on the poor and the needy.

As for the supervisor of the waqf, if he was appointed by the endower, he receives nothing unless he is poor, in which case he may take what he needs in a reasonable manner. However, if he was not appointed, he receives a customary wage if he is not volunteering his work.

The amounts spent on maintenance, for the poor, or for the supervisor of the waqf cannot be precisely determined, as this is subject to need and custom. If there is a surplus after maintenance and the needs of the descendants, the poor, and the needy in the area have been met, it is transferred to the nearest poor and most needy in another location, and it is not spent on his wealthy descendants.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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