Chapter on Endowments, Charity, and Gifts

Hadith.5567 - Muhammad ibn Al-Hasan Al-Saffar, may Allah (swt) be pleased with him, wrote to Abu Muhammad Imam Hasan ibn Ali Al-Askari (as), peace be upon him, regarding endowments (awqaf) and what has been narrated about them from his forefathers (as), peace be upon them. Imam (as) replied: "Endowments are to be managed according to how their owners have designated them, if Allah (swt), the Exalted, wills."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5568 - Muhammad ibn Ahmad ibn Yahya narrated from Muhammad ibn Isa Al-Yaqtini from Ali ibn Mahziyar from Abu Al-Husayn, who said: "I wrote to Abu Al-Hasan Al-Thalith (the third), peace be upon him, saying: "I have endowed a piece of land for my children, for Hajj, and for acts of charity, and I also designated a right in it for you after me and for those who come after you. However, I have now revoked that arrangement." Imam (as) replied: "You are absolved, and it has been made permissible and expanded for you."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5569 - Ali ibn Mahziyar narrated that he said: I asked Imam (as): "Some of your followers have narrated from your forefathers, peace be upon them, that every endowment (waqf) specified for a known period is binding upon the heirs, but any endowment without a specified period is unclear, invalid, and rejected by the heirs. You (as) are more knowledgeable about the sayings of your forefathers, peace be upon them." Imam (as) wrote in response: "It is as you have mentioned according to my understanding."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5570 - Muhammad ibn Ahmad ibn Yahya narrated from Al-Ubaydi from Ali ibn Sulayman ibn Rushayd, who said: I wrote to Imam (as) - may I be your sacrifice - saying, "I have no children, and I possess estates that I inherited from my father and some that I acquired myself. I do not feel secure from unforeseen events. If I remain childless and something happens to me, what do you advise - may I be your sacrifice - should I dedicate some of these properties as endowments for my poor brothers and the weak, or should I sell them and give the proceeds in charity to them during my lifetime? I fear that the endowment might not be carried out after my death. If I establish the endowment during my lifetime, am I allowed to benefit from it for my living expenses or not?" Imam (as) replied: "I have understood your letter concerning your estates. You are not permitted to consume from them or from the charity. If you consume from them, the endowment will not be executed, especially if you have heirs. Therefore, sell and give some of its proceeds in charity during your lifetime. If you choose to give in charity, keep for yourself what suffices for your needs, just as the Commander of the Faithful (as), peace be upon him, did."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5571 - Muhammad ibn Isa Al-Ubaydi narrated that Ahmad ibn Hamzah wrote to Abu Al-Hasan, peace be upon him, regarding a mudabbar (a slave who was set to be freed upon his owner's death) who was placed in an endowment (waqf), and then his owner died while owing a debt that could not be covered by his remaining wealth. Imam (as) wrote in response: "The endowment is to be sold to settle the debt."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5572 - Muhammad ibn Ahmad narrated from Umar ibn Ali ibn Umar from Ibrahim ibn Muhammad Al-Hamadhani, who said: I wrote to Imam (as) regarding a deceased person who had willed that a portion of his estate from his one-third share be allocated to support a man for as long as he lived, but he did not explicitly instruct for the execution of his entire one-third share. Is it permissible for the executor to turn the deceased's one-third share into an endowment because of this ongoing support? Imam (as) replied: "The one-third should be executed as instructed, but it should not be turned into an endowment."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5573 - Safwan ibn Yahya narrated from Abu Al-Hasan (as) who said: "I asked Imam (as) about a man who dedicates a property as an endowment (waqf) and then later decides to change something about it. Imam (as) said: "If he endowed it for his children or others and appointed a caretaker (qayyim) for it, then he cannot revoke it. If the beneficiaries were minors and he stipulated his guardianship over it until they reached maturity, and he maintained possession of it for them, then he cannot revoke it. However, if they were adults and he did not hand it over to them, nor did they contest him for its possession to take it from him, then he may revoke it because they had not taken possession of it despite being of age."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5574 - Muhammad ibn Ali ibn Mahbub narrated from Musa ibn Ja'far Al-Baghdadi from Ali ibn Muhammad ibn Sulayman Al-Nawfali, who said: I wrote to Abu Ja'far Al-Thani (as), peace be upon him, asking about a piece of land that my grandfather had endowed for the needy among the descendants of so-and-so, the man who united the tribe. However, they are numerous and scattered across different lands, while the descendants of the one who made the endowment are in severe need. They asked me to allocate the endowment specifically to them, excluding the other descendants of the man who united the tribe. Imam (as) replied: "You mentioned the land that your grandfather endowed for the poor among the descendants of so-and-so. It is designated for those who are present in the town where the endowment exists, and you are not permitted to seek out those who are absent."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5576 - Muhammad ibn Isa narrated from Abu Ali ibn Rashid, who said: I asked Abu Al-Hasan (as), peace be upon him, and said: "May I be your ransom, I purchased a piece of land next to mine for one thousand dirhams. When I gathered the money, I was informed that the land was an endowment (waqf)." Imam (as) replied: "The purchase of endowment property is not permissible, and do not mix its yield with your wealth. Instead, give its yield to those for whom it was endowed." I said: "I do not know who its rightful beneficiaries are." Imam (as) said: "Then give its yield in charity."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5577 - Al-Hasan ibn Mahbub narrated from Ali ibn Ri'ab from Ja'far ibn Hanan, who said: I asked Abu Abdullah (as), about a man who endowed the yield of his property for his relatives from his father's side and his mother's side. He also made a bequest for a man and his descendants - who had no relation to him - to receive three hundred dirhams annually from that yield, with the remainder to be distributed among his relatives from both his father's and mother's sides. Imam (as) said: "It is permissible for the one to whom he made that bequest." I then asked: "What if the yield from the endowed land is only five hundred dirhams?" Imam (as) replied: "Is it not in his will that the one he designated should receive three hundred dirhams from the yield, and the remainder be divided among his relatives from his father's and mother's sides?" I said: "Yes." Imam (as) replied: "His relatives have no right to take anything from the yield until the bequested three hundred dirhams are fully given to the one it was intended for. After that, whatever remains belongs to them." I asked: "What if the person for whom the bequest was made dies?" Imam (as) said: "If he dies, the three hundred dirhams will go to his heirs, and they will inherit it as long as any of them remain. If his heirs perish and none remain, the three hundred dirhams will revert to the relatives of the deceased (the original owner) and will be distributed from the yield of the endowment among them, and they will continue to inherit it as long as any of them remain, while the yield itself will continue." I asked: "Do the heirs from the deceased's relatives have the right to sell the land if they are in need and the yield does not suffice for them?" Imam (as) replied: "Yes, if all of them agree and the sale is better for them, then they may sell it."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5578 - Al-Abbas ibn Ma'ruf narrated from Uthman ibn Isa from Mehran ibn Muhammad, who said: I heard Abu Abdullah (as), say that he instructed for mourning to be held for Him (as) for seven seasons (mawasim), and He (as) allocated money for each season to be spent for that purpose.

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5579 - Asim ibn Humaid narrated from Abu Basir, who said: Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as), said: "Shall I tell you about the will of Sayyidah Fatimah {s.a}, peace be upon her?" I said: "Yes." Imam (as) then brought out a box or a container, from which he took out a document and read it: "In the name of Allah (swt), the Most Gracious, the Most Merciful. This is what Fatimah {s.a}, daughter of Muhammad (sw), peace and blessings be upon him and his family, bequeathed. She willed that her seven gardens - Al-Awaf, Ad-Dalal, Al-Burqah, Al-Mithab, Al-Hasna, As-Safiyah, and the property of Umm Ibrahim - be given to Ali ibn Abi Talib (as), peace be upon him. If Ali (as) passes away, then to Al-Hasan (as); if Al-Hasan (as) passes away, then to Al-Hussain (as); and if Al-Hussain (as) passes away, then to the eldest of my children. Allah (swt) bears witness to this, along with Miqdad ibn Al-Aswad Al-Kindi and Az-Zubayr ibn Al-Awwam." It was written by Ali ibn Abi Talib (as), peace be upon him."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5580 - Muhammad ibn Ali ibn Mahbub narrated from Muhammad ibn Al-Faraj from Ali ibn Mabad, who said: Muhammad ibn Ahmad ibn Ibrahim wrote to Imam (as) in the year 233 AH, asking about a man who passed away and left behind a wife, sons, and daughters. He had also left them a servant (ghulam) whom he had endowed for them for ten years, after which the servant would become free. He asked: "Is it permissible for these heirs to sell this servant if they are in need, given the situation I described to you? May Allah (swt) make me your ransom." Imam (as) wrote in reply: "They should not sell him until the appointed time of his condition (the ten years) unless they are in severe need. In that case, it is permissible for them to sell him."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5581 - Muhammad ibn Abi Umayr narrated from Umar ibn Udhaynah, who said: I was present with Ibn Abi Layla when Imam (as) ruled on a case involving a man who had allocated the yield (ghallah) of his house to one of his relatives without specifying a time limit. When the man passed away, his heirs came before Ibn Abi Layla, along with the relative who had been granted the house's yield. Ibn Abi Layla said: "I see that it should remain as the owner had left it." Muhammad ibn Muslim Al-Thaqafi responded, "Indeed, Imam Ali ibn Abi Talib (as), peace be upon him, ruled differently in this very mosque than what you have ruled." Ibn Abi Layla asked: "And what knowledge do you have of this?" Muhammad ibn Muslim replied: "I heard Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as), peace be upon him, say: 'Imam Ali ibn Abi Talib (as), peace be upon him, ruled to revoke the habis (temporary endowment) and enforce the distribution of inheritance.'" Ibn Abi Layla then asked: "Do you have this in a book?" He replied: "Yes." Ibn Abi Layla said: "Then send for it and bring it to me." Muhammad ibn Muslim stipulated: "On the condition that you look only at this specific narration in the book." Ibn Abi Layla agreed: "That is acceptable." Muhammad ibn Muslim brought the book and showed him the narration from Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as), and Ibn Abi Layla retracted his judgment.

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5582 - Abdullah ibn Al-Mughirah narrated from Abdur-Rahman Al-Ju'fi, who said: I used to frequently go to Ibn Abi Layla regarding an inheritance matter of ours so that he could divide it. Part of the estate included a habis (a temporary endowment), but he kept postponing the matter. When this delay persisted, I complained about him to Abu Abdullah (as). Abu Abdullah (as) said: "Does he not know that the Messenger of Allah (swt), peace and blessings be upon him and his family, commanded the revocation of habis and the execution of inheritance distribution?" So, I returned to Ibn Abi Layla, and he continued as before. I then said to him: "I have complained about you to Imam Jafar ibn Muhammad Al-Sadiq (as), peace be upon him, and He (as) told me such and such." Ibn Abi Layla made me swear that Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq (as) had indeed said that. I swore to him, and as a result, he ruled in my favor accordingly.

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5583 - Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq (as) said: "Six things continue to benefit a believer after his death: a child who seeks forgiveness for him, a Quran that he leaves behind, a tree that he plants, a well that he digs, a charity that he establishes, and a good practice (sunnah) that is followed after him."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5584 - Ali ibn Asbat narrated from Muhammad ibn Humran from Zurara, who reported from Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as), regarding a man who gives a shared charity (sadaqah mushtarakah). Imam (as) said: "It is permissible."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5585 - Al-Husayn ibn Sa'id narrated from Al-Nadr, from Al-Qasim ibn Sulayman, from Ubayd ibn Zurara, who reported from Abu Abdullah (as), that he said regarding a man who gave charity to his children who had reached maturity: "If they do not take possession of it before his death, then it becomes inheritance. But if he gives charity to his minor children, it is permissible because the parent manages their affairs." Imam (as) also said: "One should not take back a charity once it has been given sincerely for the sake of Allah (swt), the Mighty and Majestic."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5586 - In the narration of Ibn Abi Umayr from Jamil ibn Darraj, he said: I asked Abu Abdullah (as), about a man who gave charity to his son in the form of wealth or a house. I asked: "Does he have the right to take it back?" Imam (as) replied: "Yes, unless the son is a minor."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5587 - Musa ibn Bakr narrated from Al-Hakam who said: I said to Abu Abdullah (as): "My father gave me a house in charity, but later he wanted to take it back. However, our judges ruled in my favor." Imam (as) replied: "What your judges ruled is correct, but what your father did was wrong. Charity is for Allah (swt), the Mighty and Majestic, and whatever is given for Allah (swt) cannot be taken back. If you argue with him (your father), do not raise your voice against him, and if he raises his voice, lower yours." I said: "But he has passed away." Imam (as) said: "Then enjoy it with a clear conscience."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5588 - Rubay' ibn Abdullah narrated from Abu Abdullah (as), who said: "The Commander of the Faithful, Imam Ali ibn Abi Talib (as), peace be upon him, donated his house in Medina located in the area of Banu Zurayq. Imam Ali ibn Abi Talib (as) wrote: 'In the name of Allah (swt), the Most Merciful, the Most Compassionate. This is what Ali ibn Abi Talib (as) donates while He (as) is alive and sound. He (as) donates his house in Banu Zurayq as a charity that shall neither be sold, gifted, nor inherited until Allah (swt), who inherits the heavens and the earth, takes possession of it. He (as) has granted residence in this charitable house to his maternal aunts for as long as they live and as long as their descendants live. Once they have all passed away, it will be for the needy among the Muslims. Allah (swt) is a witness to this.'"

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5589 - Hammad ibn Uthman narrated from Abu Al-Sabbah Al-Kinani who said: I said to Abu Al-Hasan (as): "My mother gave me her share in a house as charity. I told her that the judges do not approve of this, but if you write it as a sale, it would be accepted." She replied: "Do whatever you think is appropriate and whatever seems permissible to you." So, I secured it accordingly. Later, one of the heirs wanted me to swear that I had paid the price, even though I had not paid her anything. What do you suggest?" Imam (as) said: "Swear (Oath to Allah (swt)) to him."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5590 - Muhammad ibn Sulayman Al-Daylami narrated from his father, who narrated from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq (as). He said: I asked Imam (as) about a man who donates part of his house to a stranger and then dies. Imam (as) replied: "It should be appraised for its value, and its price should be given to him."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5591 - Muhammad ibn Abi Umayr narrated from Aban, who narrated from Isma'il Al-Ju'fi, who said: Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as), said: "Whoever gives a charity and it is returned to him through inheritance, then it belongs to him."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5592 - In the narration of Al-Sakuni: "Indeed, Imam Ali ibn Abi Talib (as), peace be upon him, used to reject gifts (grants) in a will, and whatever a person acknowledged at the time of his death without proof or evidence; Imam Ali ibn Abi Talib (as) would reject it."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5593 - Muhammad ibn Ali ibn Mahbub narrated from Ali ibn Al-Sindi, from Safwan ibn Yahya, from Abdurrahman ibn Al-Hajjaj, who said: Abu Al-Hasan Imam Musa ibn Jafar Al-Kadhim (as) made this endowment: "This is what Musa ibn Jafar (as) has endowed. He (as) has endowed all His (as) land in such and such a place. The boundary of the land is such and such. He (as) has endowed all of it, including its palm trees, land, water channels, water, mills, rights, irrigation rights from the water, and every right associated with it, whether it be in an elevated or low area, across its width or length, its easements, open spaces, conduits, offshoots, streams, developed or undeveloped parts. He (as) has endowed all these rights upon his direct descendants, both male and female. The administrator shall distribute the produce that Allah (swt), the Mighty and Majestic, brings forth from it, in a way that is sufficient for its maintenance and facilities. After setting aside thirty date palms, the remainder shall be distributed among the needy of the village and the descendants of such and such, with the male receiving the share of two females. If any woman from the daughters of so-and-so gets married, she shall have no share in this endowment until she returns unmarried. If she returns, she shall receive a share equal to that of those daughters who have not married. If any of the descendants of so-and-so passes away leaving behind children, then his children shall inherit his share in accordance with the rule of 'the male receiving the share of two females.'" Similar to the conditions set by so-and-so among his direct descendants, if any of the descendants of so-and-so dies without leaving behind children, his share shall revert to the beneficiaries of the endowment. None of my daughters' children shall have any right in this endowment unless their fathers are from my direct descendants. No one shall have any right in my endowment as long as my descendants and their offspring remain. If all my descendants and their offspring cease to exist, the endowment shall be transferred to the descendants of my father from my mother, as long as any of them remain, following the same conditions I have set for my descendants and offspring. If the descendants of my father from my mother perish, leaving no one, the endowment shall pass to the descendants of my father and their offspring, according to the same conditions I have set for my descendants and offspring. If the descendants of my father also perish, leaving no one, then my endowment shall be passed on successively to the nearest relatives, one after another, until it ultimately returns to Allah (swt), the true inheritor, and He (swt) is the best of inheritors. So-and-so has endowed this endowment while in good health, as an absolute and irrevocable charity, free from any condition or revocation, solely seeking the pleasure of Allah (swt). This endowment has been made for the sake of the Hereafter, and it is not permissible for any believer who believes in Allah (swt) and the Last Day to sell it, purchase it, gift it, or transfer it in any form. No one should alter anything from it until Allah (swt) inherits the earth and all that is on it. He (as) entrusted the administration of this endowment to Ali and Ibrahim. If one of them passes away, then Al-Qasim shall join the remaining one. If one of them passes away, then Ismail shall join the remaining one. If one of them passes away, then Al-Abbas shall join the remaining one. If one of them passes away, then the eldest of my offspring shall join the remaining one. If there remains only one among my descendants, he shall be the one responsible for managing it.

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5594 - Al-Abbas ibn Amir narrated from Abu Al-Sahari, from Abu Abdullah (as), who said: I asked Imam (as) about a man who bought a house, and there remained an empty plot of land. He built upon it a house to generate income. Should he endow it for the mosque? Imam (as) replied: "Indeed, the Magians endowed property for their fire temples."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.