Waqf by Two Persons through a Single Deed

Question

Zayd and Zayd’s wife Zaynab each made their own property a waqf for descendants (waqf ‘ala al-awlad), for themselves and their children; both made the waqf by one and the same deed. The fatwa is that the joint nature of the waqf does not entail that Zayd’s children from his other wives also have the right to benefit from the property endowed by Zaynab; rather, Zaynab’s property became a waqf for her own children (born of her), and Zayd’s property for all his children.

Answer

1. Endowed property becomes a waqf for ever. But if two individuals each make their own property a waqf by writing a joint waqf deed on one paper, and each designates a separate object of expenditure (masraf) for the income of his own property, then too the waqf is valid, and the object of expenditure designated by each becomes entitled according to the waqif’s wish.

Source: Fatawa Mahmudiyya

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