Dedicating a Waqf to someone who has not yet attained puberty
Q: My father, `Abdul-`Aziz Al Husayn passed away in 1387 A.H. Among his private documents, I found a document stating that he had given a tree to one of his daughters as Waqf. This girl died at an early age. The document is dated 1364 A.H. and the girl was born in 1332 A.H. and died when she was 13 years old. The question now is:1-
Is it permissible to assign Waqf (endowment) for minors?
2- If it is valid, is it permissible to single her out without her sisters; taking into consideration that her siblings (Part No. 16; Page No. 113) at that time amounted to almost eight males and females?3- If that Waqf is valid, should it be added to the third of the will or is it something separate?A copy of the document is attached to my letter.
Having perused the document, the Committee holds the view that the Waqf which the questioner mentioned is valid. Its outcome should be spent in the ways of goodness such as `Ashayyat (plural of `asha' i.e. dinner) which is served to the poor at night in Ramadan and
for offering sacrificial animals. This document is certified by Ibrahim Al-Duhaym Al-Husayn and was written by Ibrahim ibn `Ubayd `Al `Abdul-Muhsin. Therefore, the Committee finds no reason to declare it invalid and cancel the Waqf. The tree should be separated and should not be included in the third of her father's will as the questioner mentioned. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.