Q: I have given my best agricultural land as Waqf (endowment) to my offspring. It is estimated at about 18 Ma`ads (4000 square meters) minus one eighth in the southern direction. It is a Waqf conditional upon my death; the male shall have the share of two females. I am afraid that my Waqf wrongs my inheritors due to the following reasons:First, the agricultural lands do not produce crops as usual. It may rain after many years or may not rain most of the time and become barren with no crops and so can not be sold.Second, most members of my family are women, so I am afraid that men would leave the Waqf and not give anything to the women.Third, the land which I made as Waqf is of the best pieces of land that I own and I am afraid that Allah (Exalted be He) will hold me accountable for this after my death. (Part No. 16; Page No. 329) Some knowledge seekers said to me: The Hanbaly scholars are of the opinion that the conditional Waqf which is bound or any other condition in life is not effective until the existence of the condition. They say that what is conditional on death is a legal will which is not effective until death takes place. What is conditional on something in life, is not effective until the condition takes place.I hope you could submit my question to His Eminence Shaykh
`Abdul-`Aziz ibn `Abdullah ibn Baz
to free my charge before my death. May Allah protect you.
It is permissible for you
to retract this will. This will be better for you and will be in the best interests of the heirs. There are authentic reports from the Prophet (peace be upon him) that prove so. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.