On Qualifications Of Donator ( Waqif ).

Rule (1130) It is necessary that the donator, the person endowing can lawfully use the property i.e., he must be mature, of sound mind, free from compulsion, bankruptcy and foolishness and free of slavery bond etc. Thus, endowment of a child is not valid even if he is ten years old. If he says that his property is endowed for good causes in favor of his relatives after he dies and at the time of making the will he is ten years old and of sound mind his will is effective as mentioned before. If the child's endowment is with permission of guardian and such endowment is beneficial to consider it void is objectionable according to a more clear reason it is valid.

Rule (1131) It is lawful for the donator - endowing person - to assign the supervision for himself and another person jointly or independently, also he can appoint an over-seer on the supervisors to over-see, or to be the final decision-maker, regardless, such people; over-seer and supervisor are just people or not. However, if they are proved to be treacherous, the high authority in Shari'a joins to them someone who would stop them from such behavior and if they do not stop they are removed.

Rule (1132) the appointed supervisor or over-seer can refuse to accept the post, it is very possible to reject it even after once accepting.

Rule (1133) It is lawful for the endowing person to assign something from the product or benefit of the endowed property for the supervisor or the over-seer, regardless, it is less, more than or equal to the fair market value wages. If nothing is assigned he gets fair market value wages if his work requires wages, unless indications prove that the endowing person intended it to be free.

Rule (1134) If the endowing person does not appoint any supervisor the high authority in Shari'a is in charge. However if endowment is of the kind of transfer of ownership and it is for a particular cause the beneficiaries are supervisors. If one says, "this house is endowed for my children and after them their children and so on, the supervision of it and its benefits are in the hands of his children but if it is for a general cause or it is for a particular cause but not in the form of transfer of ownership, but it is to be spent for the cause etc., the in-charge is the authority in Shari'a.

Rule (1135) If the donator, the endowing person, appoints supervisor or an over-seer over the supervisor and guardian of the endowment, he then cannot remove him from the post and appointment. However, if he loses some of the conditions set by the donator, like required justice which may be lost or being the most intelligent in the group who may become less intelligent etc., he is removed from the post because of this and there is no need to remove him.

Rule (1136) It is lawful for the donator to authorize someone to appoint a certain person as custodian for the endowment or appoint a custodian and authorize him to appoint someone else as custodian after the death of the donator.

Rule (1137) If the donator assigns specified works for the custodian it is effective only to those works and the rest is up to high authority in Shari'a, if his appointment is general, the custodian works for all aspects of endowment, he can rent, build, receive payment, pay the liabilities, collect the income and distribute among the beneficiaries etc. However, if there exists a certain common understanding that specifies the job of the endowment custodian, he then would only do such jobs.