If someone wants to endow (waqf) his wealth while his children are well-off — can a person endow his entire wealth?
Wa alaikum assalam wa rahmatullah wa barakatuh — The waqf of a healthy and sane person (not in death-illness) does take effect, but endowing one's entire wealth is not liked in the light of the Sunnah and the understanding of the Salaf.
Wa alaikum assalam wa rahmatullah wa barakatuh — The waqf of a healthy and sane person (not in death-illness) does take effect, but endowing one's entire wealth is not liked in the light of the Sunnah and the understanding of the Salaf.
1. In a state of health: A person has full authority to dispose of his wealth, but the Sunnah is that he should also keep some aside for himself and his family: When Ka'b ibn Malik, may Allah be pleased with him, wished to give all his wealth in charity on the completion of his repentance, he ﷺ said: «أَمْسِكْ عَلَيْكَ بَعْضَ مَالِكَ فَهُوَ خَيْرٌ لَكَ» (Sahih al-Bukhari: 2757, Sahih Muslim: 2769). Abu Bakr al-Siddiq, may Allah be pleased with him, presenting all his wealth at Tabuk was a special case on account of his unparalleled faith, trust (tawakkul) and ability to earn — not a general ruling; in ordinary circumstances the Prophet ﷺ himself forbade leaving oneself or one's heirs empty-handed.
2. In the case of the children being well-off: (a) The intention should purely be Allah's pleasure — if the intention is to deprive the children of inheritance, it is scheming and a sin; (b) The system of inheritance is appointed by Allah (﴿فَرِيضَةً مِّنَ اللَّهِ﴾) — wiping out the entire estate was not liked by the Salaf.
3. If it is suspended until after death, it is a bequest (wasiyyah): It is not effective beyond one-third (1/3), however wealthy the children may be: To Sa'd ibn Abi Waqqas, may Allah be pleased with him, he said: «الثُّلُثُ، وَالثُّلُثُ كَثِيرٌ، إِنَّكَ أَنْ تَذَرَ وَرَثَتَكَ أَغْنِيَاءَ، خَيْرٌ مِنْ أَنْ تَذَرَهُمْ عَالَةً يَتَكَفَّفُونَ النَّاسَ» (Sahih al-Bukhari: 1295, Sahih Muslim: 1628).
The best method: In one's lifetime, endow a suitable portion (a third/a quarter/a half) and make it an ongoing charity (sadaqah jariyah), and keep the rest with oneself so that after death it is distributed among the heirs according to the Shariah.
Translated from the original Urdu fatwa.