their actions, just as if a master acted upon a slave who had committed a crime without settling the debt of the crime. According to the other report, their actions are void, because they acted upon what they did not own.

Section: If a man leaves behind three sons and both parents, and the sons claim that their father had endowed his house to them during his lifetime, and they produced one witness for that, they [the sons] swear alongside him, and it becomes an endowment (waqf) for them, and the right of the parents is dropped. If they do not swear with him, and there is no debt on the deceased nor a will, the parents swear, and their share becomes free [unencumbered] for them, while the share of the sons becomes an endowment for them by their own admission; for it is valid by their admission. If there is a debt on the deceased or he bequeathed something, his debt is paid, his will is executed, and what remains is divided between the heirs; whatever accrues to the sons from it is an endowment for them by their admission. If one of them swears, one-third of the house becomes an endowment for him, and from the remainder, the debt is paid and what exceeds that is inheritance; what accrues to the two sons from it becomes an endowment for them, and the one who swore does not inherit anything, because he confesses that he is entitled to nothing from it other than what was endowed to him. If they all swear, and the endowment is established for them, it must be that the endowment is either arranged by generation, then by generation after generation forever, or it is collective. If it is arranged, then when the three children pass away, the endowment transfers to the second generation without a need for an oath; because it has been established as an endowment by the witness and the oath of the children, so those to whom it transfers do not need proof, just as if it were established by two witnesses, and just like inherited property. Likewise, when the children pass away and it reverts to the poor, they do not need an oath to establish it for them, for the reason we mentioned. If one of the children passes away, his share transfers from him to his brothers, or to whomever the founder stipulated it should transfer to, without an oath, for the reason we mentioned. If the first generation refuses to swear, we have already mentioned that their share becomes an endowment for them by their admission. When they pass away, it becomes an endowment according to what they admitted. If their admission was that it is an endowment for them, then for their children, then their children say: "We will swear with our witness, so that the entire house becomes an endowment for us," they may do so; for they are transferring the endowment from the founder, so they may establish it, like the first generation. As for if one of the sons swears and his two brothers refuse, then the one who swore dies, you must look: if he dies after the death of his brothers, his share is diverted to his children, in one singular opinion.