Conditions On The Part Of Beneficiaries.

Rule (1146) The following conditions are required on the part of beneficiaries (A) The beneficiaries must be specified if they are only vaguely mentioned as either one of the two or one of many like either one of two mosques, either one or two shrines or either one of two sons, the endowment is not valid, but if the beneficiary is as such that serves every one's interest, it is valid. (B) The beneficiary, in case, are particular beneficiaries, they must be existing during forming the endowment contract, thus, endowment for non-existing beneficiaries at the time of formation of contract is not valid, regardless, it was existing before like 'A' who has passed away or who is yet to be born like one's child expected to be born but if the child is in the mother's womb, not separate at time of the formation of endowment, the invalidity of endowment needs serious thinking. If endowment is made for a non-existing that is subordinate to existing like ones children and then grandchildren and then great grand children and so on, the endowment is valid.

Rule (1147) If one endows for his existing children and then for those who would come into being and who after coming into being will have priority over the existing ones, apparently, it is valid. (C) The endowment must not be to cover unlawful expenses of the beneficiary like wine, fornication, publishing, teaching, distributing misleading books or spending for tools of useless activities.

Rule (1148) A Muslim can endow for a non-Muslim for lawful matters.

Rule (1150) If endowment is made for an unqualified beneficiary call it 'A' and for a qualified one call it 'B' as jointly beneficiaries the endowment is valid for the share of the second party 'B' and void for the share of the first party, 'A'. The endowment contract is of cut off end nature, it then is valid for 'B' now first and void for 'A' now second.

Rule (1151) If first it is endowed for qualified beneficiary and then for unqualified one then a qualified, it is a cut middle only it is valid for the first and void for the rest.

Rule (1152) If endowment is for visitors of Holy Shrines or Hajjis or local scholars etc. or such like general titles which sometimes exist and sometimes don't, it is valid even if there is none during formation of endowment contract.

Rule (1153) If a Muslim endows for the needy or the needy of the town it means the Muslim needy. If the donor is a Shia, his endowment is for Shia needy and the same rule applies to endowment of non-Shia and non-Muslims.

Rule (1154) It is not necessary to find all the individuals of beneficiaries even if their number is limited; only spending the endowment for such cause is enough.

Rule (1155) If one says, "This is endowed for my children or relatives or my offspring or my students or teachers or neighbors, it is general and it is for such beneficiaries entirely.

Rule (1156) If it is endowed for Muslims it will be for those who are Muslims according to the belief of the donator. Thus, those who are not Muslims according to donators belief cannot be included in the beneficiaries, even if they profess the two testimonies of faith and the beneficiaries for an endowment for Muslims are all Muslims, male, female, children and grown-ups.

Rule (1157) If it is endowed for believers, it will be for those who are so according to the belief of the donator if he is a twelver it will be only for those who believe in twelve IMAMS, regardless of sex and age and the degree of their religious accomplishments. The same rule applies if it is endowed for Shias, however, if the donator is not a twelver Shiite, apparently, the list of beneficiaries include all Shiite groups who believe that IMAM ALI (~S.) is the immediate successor of the prophet (~S.)

Rule (1158) If it is endowed for in the way of ALLAH or for virtuous causes, it means the causes whereby one can obey ALLAH and seek nearness to Him.

Rule (1159) If it is endowed for one's family members and relatives the criterion is common sense and understanding, if it is for close relatives it then is dealt with according to the sequence of relatives in the field of inheritance.

Rule (1160) If it is endowed for one's children, both male and female and hermaphrodites, naturals, are beneficiaries if common understanding of some places would only apply it to males only it will be for them only not for the females and the same rule applies to grand-children.

Rule (1161) If it is endowed for brothers, the brothers from both parents and only one parent all are equal beneficiaries, the same rule applies if it is endowed for grand-parents the grand-parents from both the mother's and father's side are beneficiaries, the same rule applies to aunts and uncles of both parents' sides. However, if it is for brothers the children for brothers and the sister are not included. The same rule applies to aunts and uncles.

Rule (1162) If it is endowed for one's sons only daughters are not included, if it is for off-springs both male and female, small and grown-ups are beneficiaries.

Rule (1163) If one says, "This is endowed for my children and whoever they leave behind them and their off-springs, apparently, it means they all share, if he says, "it is endowed for my children, the high and higher among them, it apparently, means successive order. If he says," it is endowed for my children, generation after generation and level after level or level than the next level, to take it for their sharing or successive orders there are two views according to a more clear reason successive order is effective.

Rule (1164) If it becomes doubtful as to which of the two identities or persons are the beneficiaries, it is decided by means of drawing lot. If the doubt is about sharing at the same time or sequential order, if the documents indicate generality, it demands sharing but if it is not general and the doubt for one's shares are decided by means of lottery.

Rule (1165) If it is endowed for the people of town it will be for the citizens and residents of the town it does not include the visitors and those who just have decided to stay therein.

Rule (1166) If it is endowed for a mosque or Holy Shrine its benefits are spent for the maintenance of such places like construction, furniture etc.; paying the IMAM of the mosque from such benefits is objectionable except if there is indication proving that it also is one instance of beneficiaries and, thus, he also is paid from them.

Rule (1167) If it is endowed for Imam Husayn (A.S.) it is spent to cover the expenses of functions of the commemoration of his martyrdom, the rewards for such spending should be meant to be for him, Imam Husayn (A S.), regardless, such commemoration and functions are held in the mosques, the Holy Shrines or in the compound of the Shrines.

Rule (1168) If it is endowed to be spent for a deceased one or many, it will be spent for the cause favorable to them in hereafter like charity on their behalf if there is a probability that they may be indebted it is spent to free them from debts.

Rule (1169) If it is endowed for the Holy Prophet (S.) and the Imams it will be spent for organizing gatherings to preach about their virtues and excellence and anniversaries and injustice done to them etc., which would help that cause and enhance their position and according to a precautionary rule the rewards for this should be presented to their souls and regardless of him being the twelfth Imam or his forefathers

Rule (1170) If it is endowed for one's children according to a strong reason it universally applies to all children even the far-away later generations.

Rule (1171) If one says, "it is endowed for my children if they and their children cease to exist altogether it will be for the poor, according to a strong reason it is for his own biological children and others in a joint manner, the same rule applies if he says, (according to a strong reason) "it is endowed for my children, and when they cease and so would they do, their children and their children it will be for the poor.

Rule (1172) If one says, "It is endowed for my children to reside therein, apparently, it is not lawful to rent it and divide the rent. They must only reside therein if all can reside they all must do if dispute arises the custodian makes the decision, if there are more than one custodian of different views, the high authority in Shari'a makes the decision and if high authorities have different views it is decided by casting lot, if some of them refuse residing therein it is lawful for the other to independently live therein and he does not owe anything to others. If all cannot live therein at the same time, they divide residing therein by days or months or years if there is difference among them in the matter the previous rule applies to it, none of them can refuse residing and demand rent of his share.

Rule (1173) If one says, "this is endowed for the males in my children and their male children generation after generation or levels after levels it will be for the males of the male children not the males of the female children.

Rule (1174) If one says, "it is endowed for my brothers generation after generation, it will, apparently, be universally for their children, male and female.

Rule (1175) If one says, "it is endowed for my children then the children of my children the sequence will apply to his immediate children and their children not any later generation instead they all jointly share it.

Rule (1176) If it is endowed for 'A' and the poor, apparently, it is divided in half, the same rule applies if one says," it is endowed for 'A' and children of 'B' or says that it is endowed for the children of 'A' and children of 'B' or it is for scholars and the poor.