Issue No. 2311- The person who endows a property should be mature, sane, and should enjoy free will and authority and should also be entitled legally to appropriate his property. Therefore, if a mentally incompetent person or a debtor, who has been debarred by the Islamic judge from appropriating his property, endows a property of his own, it will not be valid.
Issue No. 2312- If some property is endowed for a child who is in his mother's womb, it is not in order. However, to endow a property for those some of whom are born and some are not born yet (for example if a person endows a property for his children and the succeeding generations), the endowment is in order, and those who will be born will benefit from the waqf.
Issue No. 2313- If a person endows something for himself, for example, if he endows a property so that its income may be spent for him or it is spent for the construction of his tomb after his death, the endowment is not in order. However, if he makes a school or a farm for students, and if he himself is a student, he can benefit, like other students from the profit which accrues to the endowment.
Issue No. 2314- If a person appoints a mutawallī (custodian) of the property endowed by him, the custodian should act according to the instructions given by him, but if he does not appoint a custodian, and if the endowment is a public one such as a mosque or a school, the appointment of a custodian rests with the Mujtahid or his representative, and if it is a waqf for particular persons, like the property which is endowed for his children, then to safeguard the interest of the waqf or the interest of the future generations, the obligatory precaution is that the present generation and the Mujtahid or his representative should come in agreement with each other about appointing a custodian, and if the endowment has to do with the interest of the present generation, then authority rests with them, and if they are not mature, the authority rests with their legal guardian.
Issue No. 2315- If a person endows something for some particular persons (for example for his descendants), so that every group should benefit from it after another group, and the custodian of that property leases out the property, and later dies, if the lease has been to safeguard the interest of the waqf and the future generations, the lease will not become void. But, if the waqf has no custodian, and the first generation leases it out, and they die during the currency of the lease, then, there is harm in the continuation of the lease in respect to the future without the permission of the next generation. And if the tenant has paid the rent for the entire period, what is in relation to the period after the death of the first generation will be taken and will be given to the next generation (provided that they give permission for the continuation of the lease).
Issue No. 2316- If the property which has been made endowed is ruined, its position as Trust is not affected.
Issue No. 2317- It is permissible to endow an undivided property. That is, one can make one third of a house or a farm as waqf, and in case of necessity, a Mujtahid or his representative or the custodian can separate the endowed portion of the property in the light of the views of experts.
Issue No. 2318- If the custodian of a public waqf acts dishonestly and does not use its income for the specified purposes, the Mujtahid or his representative should appoint an honest person for it or assign him to act with the dishonest custodian. And if the custodian of a waqf for particular persons acts dishonestly, the Mujtahid or his representative should, albeit with the agreement of the present generation, appoint an honest custodian for it or associate an honest person with the dishonest custodian.
Issue No. 2319- A carpet which has been endowed for a "Hussayniyah" or "Imambargah" cannot be taken to the mosque for offering prayers. And if they do not know whether that carpet is especially for a Hussayniyah or not, it is not permissible to take it to anywhere else. This rule also applies to other endowed properties. One cannot even take the turbah of a mosque to another mosque.
Issue No. 2322- Institutions and associations set up and registered in our time have legal status (personality) and one can give possession of something to them which should be used according to the constitution. The properties of such institutions are in some respects similar to those of an endowment but they are not endowed properties. Rather, they are the properties of that institution, and if some of the founders or the managers die, their heirs will not inherit anything, except for when it is mentioned in the constitution. This rule also applies to the institutions which have been formed in accordance with rational standards but they have not yet been legally registered.
Issue No. 2323- A Will means that a person recommends that after his death certain tasks be completed, and this is called al-waṣīyah al-‘ahdīyah, like directions given about one’s shroud and the burial place and other ceremonies; or a person states in his Will that after his death a part of his properties become the property of a certain person. This is called al-waṣīyah al-tamlīkīyah; or he appoints someone as the legal guardian of his children.
Issue No. 2323- A Will means that a person recommends that after his death certain tasks be completed, and this is called al-waṣīyah al-‘ahdīyah, like directions given about one’s shroud and the burial place and other ceremonies; or a person states in his Will that after his death a part of his properties become the property of a certain person. This is called al-waṣīyah al-tamlīkīyah; or he appoints someone as the legal guardian of his children.
