How is the share of the deceased second brother from the waqf land distributed between his brother and the children of his brother who died before him?
If the endower stipulated that the endowment is for so-and-so and so-and-so, for as long as their progeny continues, generation after generation, then the revenue of the endowment is to be divided equally among the first generation. If one of them dies, does his share transfer to his children or to the remaining members of the first generation? Scholars have two opinions regarding this issue:
1. The First Opinion (Order of Precedence): Some scholars hold that the share of the deceased goes to those remaining from the first generation, and no one from the second generation is entitled to anything until the entire first generation has died out. This opinion is based on the endower's stipulation if he used terms indicating a sequence, such as "then" or "generation after generation." 2. The Second Opinion (Entitlement for Descendants): Sheikh Al-Islam Ibn Taymiyyah is of the view that the share of the deceased from the first generation transfers to his children, even if the entire first generation has not yet died out.
As for the brother who died and has no children, his share goes to his brother because he is the remaining member of the first generation.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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