Five Chapter 5: Will, Endowment, and…

Lesson 39: laws of Charity, Donation, and…

A- The Charity

One: The Importance of Charity

Charity is a recommended act that is emphasized in the verses of the Holy Qurān and Islamic tradition and has many rewards. Charity has many positive effects, including blissful life, repulsion of calamities, and preventing accidents and sudden deaths.

Tow: The Types of Charities

1. Obligatory charity, like Zakāt of property and Zakāt-ul-Fiţrah, various types of Kaffārahs.
2. Recommended charity, like financial assistance to others and a public benefit.

The Laws of Charity

1. A person giving charity must have the intention of divine proximity.
2. Charity must be for God’s pleasure.
3. It is better to give charity in secret except for encouragement.
4. A non-sayyid can give charity to a sayyid.

B- Donation (Hebah)

One: The Meaning of Hebah

A donation is the free transfer of one’s property to another person (Issues 2362).

Two: The Conditions of the Donor

1. He must be an adult (Bāligh);
2. He must be sane (ʿĀqil);
3. He must be the owner of the property or, with the permission of the owner;
4. He must have free will (Ikhtiyār);
5. He must have the intention (Qaṣd) for donation;
6. He must not be foolish (Safīh) (Issues 2363).

Three: The Conditions of Donation

1. In donation, acceptance, and receipt, the donated thing is a condition, but it is not necessary to deliver the commodity immediately following the donation.
2. The donation contract becomes void if any of its parties dies before the donation property is delivered or becomes incompetent, and the property is transferred to the donor’s heirs (Issues 2365 & 2366).

Four: Non-Referral of the Donor

Donation is a revocable contract, and both parties can cancel them, but in five cases, the donor cannot cancel:

1. The donor receives something from the other party.
2. A donor has donated that item to a person to gain Allāh’s favor.
3. Donation be to one of the conventional relatives.
4. The donated property has perished, changed completely, or given to someone else.
5. One party dies after accepting and receiving the donated thing (issue 2367).

Five: Acquitting (Ebraa)

Acquitting means the creditor may withdraw from his right with free will. Therefore, If a person has a demand from someone and waives his right, he can no longer break the Acquitting (issue 2368).

C- Endowment (Waqf)

One: The Meaning of Waqf

A Waqf (Endowment) is when one removes his ownership from a property and specifies its benefit to Allāh and public affairs. The endowment is called Waqf; the specified property is the endowed (Mawqūfah), and the person who endows it is the endower (Wāqif).

Two: Conditions of the Endower (Wāqif)

The person who endows a property must have the following conditions:

1. He must be an adult (Bāligh);
2. He must be sane (ʿĀqil);
3. He must have an intention (Qaṣd) to make the endowment;
4. He must have free will (Ikhtiyār);
5. He must not be foolish (Safīh) (Issues 2852).

Three: Types of Wāqf

Waqf consists of two types:

First: Private Endowment: In the endowment, a person endows the benefit of property for a specific class, such as school students.

Second: Public Endowment: In the endowment, a person endows the benefits of property to the charitable public, such as mosques and schools.

Four: The Conditions of the Endowed Thing (Mawqūfah)

1. The receipt is a condition in the private endowment, and the trustee, endowed person, agent (wakīl), or guardian (walī must receive it. As a result, if the waqif regrets and dies before reciting the formula of the Waqf, the Waqf does not take place (Issues 2850).
2. In public endowments, such as schools and mosques, the receipt is not a condition; the endowment is realized merely by making the endowment (Issues 2851).

Five: Laws of the Endowed Thing (Mawqūfah)

1. If a person endows some property to the poor or to Sādāt or its profits to be used for charitable purposes, if he does not appoint a trustee for the property, Its authority is with the Islamic ruler (Issue 2856).
2. If a person endows a property for a specific group, such as his children, so each generation uses it after the previous generation, the rental agreement does not become void (bāṭil) if the trustee gives it on rent and dies after that (Issue 2857).

Six: Laws of Waqf

1. The endowed property is permanently removed from the person’s property when the formula is recited (Ṣīghah). The owner or anyone else cannot gift or sell it, and no one can inherit it (Issue 2849).
2. If a person endows something on himself, it is incorrect, but if he endows something for the poor and becomes poor, he can use the benefits of endowed things (Issue 2854).
3. If the waqif changes his mind or dies before reciting the Waqf formula, and the endowed thing has not been receipted, it will not be considered an endowment (Issues 2848).
4. When a trustee is appointed for endowed property, the trustee must comply with the endowment (Issues 2855).

Seven: Sale of the Endowed Thing

It is not permissible to sell endowment property, but two cases are allowed:

1. A property endowed to individuals, but they disagree, and there is a possibility of a loss of life, can be sold.
2. 2. The waqif has stipulated that it is permissible to sell Waqf property if it is expedient (Issues 2220).

D-Will (Waṣiyyat)

One: The Meaning of Wills

According to a will, a person orders that specific tasks be performed for him after he dies.

Two: The Types of Wills

There are two types of wills:

1. Directive wills (Ahdīyah): The person recommends specific tasks be performed after his death, such as a shroud, the burial place, and other rituals;
2. Possessory wills (Tamlīkīyah): The person recommends that after his death, a part of his property becomes the property of someone (Issue 2864).

Three: Conditions of the Testator

A testator (mūṣī) who makes a will must have the following conditions:

1. He must be an adult (Bāligh);
2. He must be sane (ʿĀqil);
3. He must have the intention (Qaṣd) to make a will;
4. He must have free will (Ikhtiyār);
5. He must not be foolish (Safīh) (Issue 2867).

Four: Conditions of the Executor (Wasiâ)

The person appointed to execute a will is called the executor (Waṣī), and he must have the following conditions:

1. He must be an adult as a precaution;
2. He must be sane (ʿĀqil);
3. He must be trustworthy;
4. He must be a Muslim (Issue 2874).

Five: Laws of Will

1. If the testator understands the intention of the will, making a will by saying, writing, or pointing is valid (Issues 2865 & 2866).
2. It is imperative that all acts that are mandatory on the dead person, such as the obligatory Ḥajj or the debts and religious dues like khums, Zakāt, and Rad-māẓālim, be paid from the deceased person’s original estate, even if he did not make a will. When the deceased’s property is added to these items, the will is applied to one-third of the remaining property (Issues 2889 &2890).
3. 3. The executor is a trustee; when the deceased’s property perished while in the custody of the executor, if the executor was negligent or excessive, he is responsible (Ḍāmin). However, he will not be responsible if he has not been negligent in looking after it (Issue 2887).

Six: Cases of Non-Interference of the Will

1. When a person prepares the means for his murder and makes a will before he dies, the will is invalid (Issue 2868).
2. The will, which is more than one-third of his property without the heirs’ permission, is invalid (Issue 2879).

Question

Can religious groups’ equipment, such as speakers, be used for personal needs, like Fatiha and weddings?

Answer

Those items endowed for religious ceremonies and

Hosseiniyeh cannot be used for personal needs.

Exercises:

1. What cases can the donor not refer to the donation?
2. 2. What is the difference between general and private endowments?
3. 3. In what case is it permissible to sell endowment property?
4. 4. In what cases the will is not applied?