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What is the ruling on a waqf bequest of two properties whose value exceeds one-third, and is it to be executed if the heirs are harmed? And how is one-third of the estate calculated in this case? And what is the ruling on a waqf if its beneficiary and purpose are not specified?

1 min readAlso available in العربية

The endowment to an unspecified entity is a matter of dispute among jurists; the majority affirm its validity, contrary to the Shafi'is. Then they differed as to whom the endowment belongs:

1. Hanafis: The revenue is to be given as charity to the poor, and if the endower dies, the property transfers to his heirs. 2. Malikis: It is to be spent according to the prevailing custom in the locality; if there is no custom, then for the poor. 3. Hanbalis: It is to be spent on the endower's heirs by lineage, according to their share of inheritance, and it becomes an endowment for them, meaning they do not own the right to transfer its ownership. Disinheritance (hijab) applies to them as it does in inheritance. If they cease to exist, it is for the poor and the needy.

If the endower bequeaths the endowment of the property after his death, it is valid and is restricted to one-third of his estate. What exceeds one-third depends on the heirs' permission for its execution.

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

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