How is the yield of an endowed farm to be distributed among the wives and children of the endower, taking into account the death of one of the wives, the presence of an overseer for the farm who receives a percentage of the yield, and consideration for the farm's expenses and the quarter share allocated to those in need?
It is permissible for a legally responsible person to dedicate as waqf (endowment) what is valid for endowment, such as a farm, for his relatives, wives, and children. He may stipulate for himself, a friend, or the poor a portion of the produce. However, it is not valid to dedicate waqf to someone who does not own it. It is disliked to favor some children over others in the waqf without a legitimate Shar'i reason. If the endower specifies the division of the waqf among the beneficiaries, his condition must be observed. The expenses of the waqf and the guardian's wages are paid from the produce, unless the endower specifies otherwise. The remaining produce is disbursed to the wives and children according to the endower's condition. If one of the beneficiaries dies and the endower did not stipulate the waqf's continuation among his offspring, the waqf reverts to the person closest to the endower. The details of this issue necessitate recourse to the Shar'i courts.
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- Imported
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