Waqf on oneself and then on descendants according to shares

Question

(a) A person endowed his property: on himself for as long as he lives, and after that on his children and their children, generation after generation, tier after tier (naslan baʿda nasl, batnan baʿda batn), according to Sharʿi inheritance. During the waqif’s lifetime his daughter or son died, but that child’s children are alive. After the waqif’s death, will a share be given to the children of the deceased? (b) If the condition was laid down that only those who are of my lineage will go on receiving a share, i.e.

Answer

(a) If the children of the deceased receive a share of the waqif’s inheritance, they will receive a share from the waqf according to the Sharʿi shares; if they are excluded from inheritance because of other heirs, they will not receive a share from the waqf, because the waqif did not make the waqf for descendants unconditionally, but for descendants after his death, and he…

Source: Fatawa Mahmudiyya

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