Supplement to the Above Question

Question

Further to the previous letter: in question (3) it was wrongly written that after the waqif’s death two more grandsons and one granddaughter were born. In fact the granddaughter was alive during the waqif’s lifetime and the grandsons were born later; but the waqif, despite the granddaughter being alive, did not explicitly enter her name in the waqf deed. Kindly send the answer keeping this in view. Muhammad Fazl al-Rahman

Answer

Since the granddaughter was present in the waqif’s very lifetime and the waqif did not designate any share for her along with the grandchildren, she cannot share in this sum with the grandchildren. However, if the grandchildren, after reaching puberty, cease to be needy, then the granddaughter can be counted among the other deserving recipients, on condition of her being needy.

Source: Fatawa Mahmudiyya

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