The World Federation One Stop Fiqh

Ruling 2697

A private charitable endowment is valid only if the endowed property (al‐ʿayn al‐mawqūfah) is placed at the disposal of the individuals to whom it has been endowed or their agent (wakīl) or guardian (walī); possession of it by the trustee (mutawallī) will not suffice. It is sufficient if those who are alive from the first generation of beneficiaries have disposal over it; and if some of them have disposal over it, then the endowment is valid only with respect to them. If a person makes an endowment to his offspring who are minors (ṣaghīrs), then as long as the actual property is in his possession, it is sufficient and the endowment is valid.