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The question

Can a father make his sole home an endowment (waqf), and are his children entitled to reclaim it after his death, or are they entitled to place it under their guardianship (hijr)?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If a father wishes to endow his house as a waqf while he is alive, this is permissible unless it harms his children by leaving them without a place to live. In such a case, his waqf endowment is not enforceable because it is a sin. These children have the right to take the matter to court to prevent him from committing injustice. They are also permitted to reclaim the house after his death due to the invalidity of the waqf.

However, if the waqf is contingent upon death, he is not permitted to endow more than one-third of his property, and the children have the right to reclaim anything exceeding one-third.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
79961
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy