The Matters Permissible in Endowment, Charity, Gift, Present, Providing Conditional Housing and Matters Permissible or otherwise for a Child and others

“Abu ‘ Abd Allah (a.s.), has said, ’Giving charity or setting free a slave is not valid unless it is for the sake of Allah, most Majestic, most Glorious.”’

“Abu ‘Abd Allah (a.s.), has said, ’Giving charity or setting free a slave is not valid unless it is for the sake of Allah, most Majestic, most Glorious.’”

“Abu ’Abd Allah (a.s.), has said, ‘Charity has emerged newly. In the time of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, people would give gifts and presents. It is not proper for one who has given something to Allah, most Majestic, most Glorious, to take it back.’ He (the Imam) has said, ‘A gift or present, which is not given for the sake of Allah can be taken back, regardless of whether the recipient has taken possession or not. If a man gives a gift to his wife, he must not take it back; also if a wife gives something to her husband, regardless of whether he has taken possession or not. Allah, most Blessed, most High, has said, “Do not take anything that you have given to them (your wives).” (2:229) Allah has said, “If they give you out of their pleasure then you can use it in good health.” (4:4) This applies to mahr (dower) and gifts.’”

“I once asked abu ’Abd Allah (a.s.), about the case of a man who gives charity; if he can take it back. He (the Imam) said, ‘Charity is new. There were gifts and grants. One who provides a gift or a grant is able to take back the grant or gift, regardless of whether the recipient has taken it in his possession or not; but it is not proper to take back what one gives to Allah.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who gives charity (which is not obligatory) to his small children; if he can take it back. He (the Imam) said, ‘No, because charity is for Allah, most Majestic, most Glorious.’”

“I once asked abu ‘Abd Allah (a.s.), about charity which is not distributed or possessed by the recipient. He (the Imam) said, ‘It is permissible (for the donor to use it); people had the intention to gift it but they made a mistake (in calling it a charity).”’

“This is about the case of a man who gives charity to his grown up (mature) children. They do not take possession until he dies. Abu Ja’far (a.s.), has said, ‘It remains as part of the legacy; but if he gives it as charity to his small children, then it (giving such charity) is permissible; their father is the one who is their guardian (in matters of taking possession for them). 5 He (the Imam) said, ‘The charity given for the sake of Allah, most Majestic, most Glorious, cannot be taken back.’ He (the Imam) said, ‘Gifts and grants can be taken back if one wants to do so, regardless, possession by the recipient has taken place or not, unless the recipient is a relative, in which case it cannot be taken back.’”

“Abu ‘Abd Allah (a.s.), has said, ‘If you give charity, then do not take it back or buy it back unless it comes back to you in the form of an inherited legacy.”’

“About the case of a man who gives something to his small children then he decides to make his other children share it with them, abu ‘Abd Allah (a.s.), has said, ‘It is not harmful.’”

“This is about the case of a man who gives a slave-girl as charity to his small children. He then begins to like the slave-girl but the children are small as his dependents, if he can touch the slave-girl, or appraise her for a fair price, then make witnesses to bear testimony to his owing such price to his children, or he must stay away altogether. Abu al-Hassan (a.s.), has said, ‘He can appraise her for a fair price and count it up on himself; then he can touch the slave-girl.’”

“Abu ‘Abd Allah (a.s.), has said, ‘If the gift still exists as it was given, it can be taken back, otherwise, one cannot do so.’”

“This is about the case of a man who has a slave-girl and his wife gives him trouble about her. Thus, he says, ‘She is charity for you.’ One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al- Salam, has said, ‘If he has done so for the sake of Allah, most Majestic, most Glorious, he must comply with what he has said, but if he did not say it for the sake of Allah, he can reverse his decision.’”

“I once asked abu ‘ Abd Allah (a.s.), about the case of a man to whom another man owes a certain amount of dirham and he gives it as a gift to him (the indebted); if he can change his mind and take it back. He (the Imam) said, ‘No, he cannot do so.”’

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who gives a certain amount of charity to his friend; if he can change his mind and take it back from him. He (the Imam) said, ‘No, he cannot do so but if he needs he can take from other assets of his friend which is other than what he had given as charity to him.’”

“About the case of a man who gives something in charity if he can inherit it, one of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘Yes, he can do so.’”

“I once asked him (the Imam) (a.s.), about the case of a man who gives a gift to his mother and she dies. She had taken the gift away from him in her possession. He (the Imam) said, ‘He and the other heirs are the same in dealing with that item.’”

“I once said to abu al-Hassan (a.s.), that my mother gave me the house that belonged to her - or he said her share in a house - and told me to register it in my name. I then wrote that I have bought it from her. She has sold it to me and has received the payment. When she died, the heirs asked me to take an oath that I have bought it and made the payment. If I take an oath, I can take it but if I do not take an oath, they will not give it to me. He (the Imam) said, ‘You can take an oath and take what you have assigned to yourself.’”

“My father gave a house as charity to me and I took possession thereof but thereafter other children were born to him and he wanted to take the house back from me to give it to them. I explained the story to abu ‘Abd Allah (a.s.), who said, ‘Do not give it to him.’ I then said, ‘He will dispute it with me.’ He (the Imam) said, ‘You can become a defendant but do not raise your voice over his voice.’”

“Abu ‘Abd Allah (a.s.), has said, ‘If a gift-giver receives something in exchange, he then cannot take back what he has given as gift.’”

If one gives a charity it is permissible, regardless of whether the recipient takes possession or not, knows about it or does not know about it.’”

People must stand by their conditions. If his condition is permission to use the house for his life time, it then is for his life time. If it is for the life time of those whom he leaves behind, then it is for their life time after which they must return it to the owner of the house.’”

“Once abu ‘Abd Allah (a.s.), was asked about al-Sukna ’ and al-‘Umra’ (permission to use a house for a certain period of time). He (the Imam) said, ‘If permission to use the house is given for his lifetime, then it must remain as the condition requires, if it is for his and the lifetime of those whom he leaves behind until they die, then they cannot sell it or inherit it, but they must return the house to its first owner.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who has a servant who serves him and he says, ‘She will serve so and so as long as he lives, and when he dies she will be free. The servant runs away five or six years before he dies; then his heirs find her; if they can make her to serve them for the remaining time. He (the Imam) said, ‘When the man dies she becomes free.’”

“I once asked abu ‘Abd Allah (a.s.), about a house which is not yet distributed and a certain one of the people of the house gives his share as charity. He (the Imam) said, ‘It is permissible.’ I then asked, ‘What happens if it is a grant?’ He (the Imam) said, ‘It is permissible.’ I then asked him (the Imam) about a man who allows another man to use his house for his lifetime. He (the Imam) said, ‘It is permissible but he cannot evict him.’ I then asked, ‘Can it be for him and those whom he leaves behind?’ He (the Imam) said, ‘It is permissible.’ I then asked about the case in which one gives permission to another person to use a house without the mention of time duration. He (the Imam) said, ‘He can ask him to leave if he wants him to vacate the house.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who allows another man to use a house and those whom he will leave behind. He (the Imam) said, ‘It is permissible but they cannot sell or inherit it.’ I asked if a man could allow another man to use a house for his lifetime. He (the Imam) said, ‘It is permissible.’ I then asked what happens if a man allows another man to use a house without the mention of time. He (the Imam) said, ‘It is permissible but he can ask him to vacate if he wants.’”

“About the case of a man who gives in charity what is owned in partnership, abu Ja’far (a.s.), has said, ‘It is permissible.’”

“I was witness that ibn abu Layla’ judged in the case of a man who had designated the income of a house for his relative without the mention of time limit. The man died and his heirs came to ibn abu Layla’ and his relative for whom the house was designated. Ibn abu Layla’ said, ‘I see that it must be left as its owner has left.’ Muhammad ibn Muslim al-Thaqafiy then said, ‘Ali ibn Abu Talib, ‘Alayhim al-Salam, judged in the same Masjid opposite to what you have judged.’ He asked, ‘How do you know that?’ He replied, ‘I once heard abu Ja‘far (a.s.), saying, “’Amir al-Mu’minin judged to return what is kept on hold and to execute the rules of inheritance.’” Ibn abu Layla’ then asked, ‘Is this written in a book with you?’ He replied, ‘Yes, it is in a book.’ He said, ‘Send to bring it.’ Muhammad ibn Muslim said, ‘I will do so upon the condition that you will not read anything else in the book besides this Hadith.’ He said, ‘That is up to you.’ He (the narrator) has said that he showed him the Hadith from abu Ja‘far (a.s.), in the book and he took his judgment back.’”

“About an issue of a legacy for distribution I once faced differences with ibn abu Layla’. In that legacy, there was an item on hold and he opposed me. When it prolonged I complained before abu ‘Abd Allah (a.s.), and he said, ‘Did he not know that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, commanded to return items on hold and execute the rules of inheritance?’ I went to him and he did as before. I said, ‘I have complained before Ja‘far ibn Muhammad, ‘Alayhim al-Salam, and he said so and so on the issue.’ Ibn abu Layla asked me to take oath that he (the Imam) has said so. I took the oath; then he judged accordingly.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who endowed an asset that belonged to him for his relatives from his father’s side as well as for those from his mother’s side. He assigned from the same asset three hundred dirham every year in his will for a man and his heirs with whom he had no relationship and that the rest must be distributed between the two relatives from the side of each of his parents. He (the Imam) said, ‘It is permissible for the ones in whose favor the will is made.’ I then asked, ‘What happens if the income is not more than five hundred?’ He (the Imam) said, ‘Is it not the case that three hundred must be given and the remaining is distributed between the two relatives?’ I replied, ‘Yes, that is the case.’ He (the Imam) said, ‘The relatives cannot take anything from the income until the three hundred is paid and thereafter they can distribute between themselves whatever is left.’ I then asked, ‘What happens if the one in whose favor the will is for three hundred dies?’ He (the Imam) said, ‘If he dies the three hundred goes to his heirs if there are any heirs left, otherwise, the three hundred goes to the relatives of the deceased which will be taken from the endowment and will be distributed among them as they exist as well as the income.’ I then asked, ‘Can the relatives of the deceased sell the land when they need it if the income thereof is not enough?’ He (the Imam) said, ‘Yes, they can do so if they all agree and the sale is in their benefit.’”

“I once wrote to abu Ja‘far ‘Alayhi al-Salam, that so and so has bought a certain asset. He has made it an endowment of which one-fifth is designated for you. He seeks your opinion about selling your share of the land, or appraising and counting its price on himself for which he has bought or keep it as an endowment. He (the Imam) (a.s.), wrote the answer that said, ‘Inform so and so that I command him to sell my share and send the proceeds to me, which is my opinion, by the will of Allah; or appraise it on his own account, if that is more suitable for him.’ I wrote to him (the Imam) that so and so has mentioned that among other beneficiaries of this endowment there are serious difference which may even increase further afterwards; if he (the Imam) considers it proper to sell the endowment and give everyone of the beneficiaries his share if he (the Imam) so commands. He (the Imam) then wrote in his own handwriting to me, ‘Inform him about my opinion that if he thinks the selling of the endowment is better because of the differences of the beneficiaries he can do so; differences can sometimes lead to destruction of properties and lives.’”

It, with me, is as such.’” (Apparently he (the Imam) left it unexplained.)

32. ‘Abd al-Rahman ibn Muhammad al-Hamadaniy wrote to him (the Imam) (a.s.), the following: “‘A deceased person has made a will which says that to so and so man an amount must be given continuously of what is left of the one-third of his legacy but has not said to complete the one-third. Is it necessary for the executor of the will to make the one-third an endowment to continue executing the will?’ He (the Imam) (a.s.), wrote, ‘The one-third must be spent and it must not be made an endowment.’”

“I once wrote to him (the Imam), abu al-Hassan (a.s.), saying, ‘I pray to Allah to keep my soul in service for your cause, I do not have any children and I have assets that I inherited from my father and myself earned a certain amount, but I do not feel safe from something happening. If something happens to me and I have no children, what do you think I must do, I pray to Allah to keep my soul in service for your cause? Can I make a certain amount of it an endowment for the needy, of the oppressed brothers (in belief) or sell it and spend upon them in my lifetime? I fear that endowment may not be managed properly after I die and if I make an endowment for my own survival will I be able to eat thereof?’ He (the Imam) (a.s.), wrote, ‘I understood your letter in the matter of your assets. You cannot eat from charity (endowment), if so the law of endowment is not followed just as if you had heirs. You can sell and give as charity a certain amount of the proceeds in your lifetime. If you give as charity you can keep for yourself for your sustenance just as ’Amir al-Mu’minin had done.’”

An endowment is according to what people making the endowment do (condition they set), by the will of Allah.”’

“I once asked abu al-Hassan (a.s.), saying, ‘I pray to Allah to keep my soul in service for your cause, I have bought a land near by my assets for two thousand dirham. When I made payment, I was informed that the land is an endowment.’ He (the Imam) said, ‘Buying an endowment is not permissible. You must not include its income in your assets. Give it back to its beneficiaries.’ I then said, ‘I do not know the beneficiaries.’ He (the Imam) said, ‘Give its income in charity.’”

“I once asked abu al-Hassan (a.s.), about the case of a man who makes a piece of his property an endowment, then decides to change it. He (the Imam) said, ‘If he has made it an endowment for his children and others and then appoints a supervisor for it, he cannot change it. If they are small and he has set a condition that the supervision will rest with them until they mature and so he has taken possession for them in this case also he cannot change it. If they are mature but he has not given it to them and they do not dispute with him until they take possession from him, then he can change it because they have not taken possession from him while they are mature.’”

“I once wrote to abu Ja‘far, al-Thaniy (a.s.), and asked about a land that my grandfather had made an endowment for the needy children of so and so who are of a large number in different places. He (the Imam) (a.s.), said, ‘You have mentioned the land that your grandfather had made an endowment for the needy children of so and so. It is for those of them who are in the area (town) in which the endowment exists and you do not have to search for everyone who is absent.’”

“I once asked abu al-Hassan, Musa (a.s.), about the case of a man who has given a house to a man to live in for his lifetime, or it is for him and those whom he leaves behind, as the condition may be. I then said, ‘If needed can he then sell it?’ He (the Imam) said, ‘Yes, he can do so.’ I then asked, ‘Does such a sale cancel its being given to the man for his living a lifetime?’ He (the Imam) said, ‘The sale does not cancel its being given to one for living therein a lifetime. That is how I heard my father (a.s.), say that abu Ja‘far (a.s.), has said, “Selling does not cancel tenancy and rentals or being given to live a lifetime therein according to the condition and rent.’” I then asked, ’What happens if the tenant asks for his expenses, building and maintenance for what he has rented?’ He (the Imam) said, ‘If it is with mutual agreements then it is not harmful.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who has given a house to a man to live for the lifetime of the occupant of the house. When the owner dies, the heirs ask the occupant to leave the house; if they can do so. He (the Imam) said, ‘I see that the house must be appraised for a fair price as well as the one-third of the legacy of the deceased. If the one-third covers the price of the house, the heirs cannot ask the occupant to leave the house; but if the one-third of the legacy did not cover the price of the house, then they can ask him to leave.’ It then was asked from him (the Imam), ‘What happens if the man who had permission to live in the house for his lifetime dies after the death of the owner of the house; if those whom he has left behind can live in that house. He (the Imam) said, ‘No, they cannot live in that house.’”

“Abu ‘Abd Allah (a.s.), dictated to me the following:

“Abu Ja‘far (a.s.), has said, ‘A man cannot buy what he has given as charity. If he gives as charity a house to a relative then if he likes he can live with them. If he gives in charity a servant to a relative he can serve him by the will of Allah.’”