Back to search
The question

Is it permissible to tie up a property for oneself for life, then for the male children and whoever is born, male or female, except for the abandoned, the orphaned, and the neglected, then for their descendants, and in the event of their extinction, it reverts to their paternal relatives, then to Mecca and Medina?

Share this answer

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

The endowment in this form is a matter of dispute among jurists, with most of them considering it invalid. The dispute focuses on two issues:

1. Endowment upon oneself: This is valid according to the Hanafis if the endower includes others with himself, but the majority does not permit it. The Malikis differed on this, with Ibn Sha'ban stating its validity if others are included, while the well-known opinion is its invalidity. 2. Endowment upon males to the exclusion of females: The majority considers this reprehensible (makrooh). There is also an opinion that it is forbidden and must be revoked, narrated from Aisha, Umar ibn Abd al-Aziz, and others. This is the view of the Zahiris and most Malikis, who differed on whether its revocation is absolute or restricted to cases where it is still in the possession of the endower.

In summary, an endowment with these conditions is not valid, and it is best to refer the matter to the court.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
174754
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.
Read the full ruling
Read the full answer on Ftawy