his children's children, so it is similar to if he had not said 'the Hashimi ones.' If he says, 'To my children and my children's children who are attributed to my tribe,' it is the same.

Third Chapter: When one makes an endowment to the children of a man and the children of his children, the male and female are equal therein, because it is a sharing (tashrik) among them, and an absolute sharing requires equality, just as if he had acknowledged something for them. It is like the children of the mother (uterine siblings) in inheritance when God, the Exalted, shared among them in it, saying: 'They are partners in a third' (Qur'an 4:12); they were equal in it, and He did not prefer some over others. It is not like that in the inheritance of the children of both parents and the children of the father, for God, the Exalted, said: 'If there are brothers and sisters, then the male shall have the like of the portion of two females' (Qur'an 4:176). I do not know of any disagreement on this.

Fourth Chapter: If he prefers some over others, it is as he said. If he says, 'I have endowed this to my children and my children's children on the condition that the male has two shares and the female has one share,' or 'that the male has the like of the portion of two females,' or 'according to their inheritance,' or 'according to their fixed shares,' or the opposite of this, or 'on the condition that the older has double what the younger has,' or 'the learned has double what the ignorant has,' or 'the one with a family has double what the wealthy has,' or the opposite of that, or if he specifies by preference a specific individual, or his child, or similar to this, it is according to what he said, because the initiation of the endowment is delegated to him, and so too is its preference and arrangement. Likewise, if he stipulates the exclusion of some of them by a condition [and returns it by a condition]—such as if he says, 'Whoever among them marries has it, and whoever separates has nothing,' or the opposite of that; or 'whoever memorizes the Qur'an has it, and whoever forgets it has nothing'; or 'whoever occupies himself with knowledge has it, and whoever abandons it has nothing'; or 'whoever is upon such-and-such school of thought has it, and whoever departs from it has nothing'—all of this is valid according to what he stipulated. Hisham ibn Urwah narrated that al-Zubayr made his houses as a charity for his sons, that they are not to be sold nor given away.