of the endowment, whether they are from the people of the endowment or not. For example, if the first generation consists of three people, and one of them dies leaving a son, then the second dies leaving two sons, and then one of the two sons dies and leaves behind his brother, his uncle, his cousin, and a son of his living uncle, his share would then be divided between his brother and his two cousins. Third, that it be for the people of his generation from among the people of the endowment. In this case, his share would go to his brother and the cousin whose father died. If there is someone in his degree of kinship who is not among the people of entitlement at all, such as a man who has four sons and endows his property to three of them in this aforementioned manner while leaving out the fourth, and one of the three dies without leaving a child, the fourth person would have no share in it, because he is not among the people of entitlement, so he resembles their cousin.
Section: If he endows his property to his sons, and there are three of them, on the condition that whoever among them—specifically such-and-such and such-and-such and their children—dies leaving a child, his share goes to his child; and if such-and-such dies, his share goes to the people of the endowment; it is as he stipulated. The same applies if he has sons and daughters and says: 'Whoever among the males dies, his share goes to his child, and whoever among the females dies, her share goes to the people of the endowment.' It is as he said. If he says: 'To my children, on the condition that one thousand [units] from it be allocated to the daughters, and the rest to the sons,' the sons are not entitled to anything until the daughters have received the full thousand; because he established a specified amount for the daughters and assigned the remainder to the sons. Thus, the ruling on it is in accordance with what he said; he made the daughters like the 'dhawi al-furud' (those with fixed shares) for whom God has specified a share, and made the sons like the 'asabat' (agnatic heirs) who are not entitled to anything except what remains after the 'dhawi al-furud'.
Section: If he has three sons and says: 'I have endowed this to my children, so-and-so and so-and-so, and to the children of my child,' the endowment is for the two named sons, their children, and the children of the third [son], and the third [son] himself has nothing. Al-Qadi said: 'The third [son] enters into the endowment.' He mentioned that Ahmad said regarding a man who said: 'I have endowed this estate to my children, so-and-so and so-and-so, and to the children of my child,' while he had another child besides
(16) In the original: "sons". (17) Omitted from (M).