Section: If he endows upon someone for whom an endowment is valid, [then upon someone for whom an endowment is not valid] (13), such as endowing upon his children, then upon churches, the endowment is also valid. It is disbursed (14) after the extinction of those for whom the endowment is valid to those to whom a terminated endowment is disbursed; for mentioning it to those for whom the endowment is not valid is the same as not mentioning them. It is also possible that the endowment is not valid, because he combined what is permissible with what is not permissible, thus it resembles the breaking up of a single transaction (tafriq al-safqa).
Section: If the endowment is terminated from its inception, such as endowing it upon someone for whom an endowment is not valid, like himself, his umm walad, his slave, a church, or an unknown person, and he did not mention for it a destination upon which an endowment is valid, then the endowment is void. Likewise, if he makes its destination something upon which an endowment is not valid, [because he failed one of the two conditions of the endowment, so it became void, just as if he endowed something that is not permitted to be endowed. And if he made for it a destination upon which an endowment is valid] (16), such as if he endows it upon his slave, then upon the needy, there are two views regarding its validity, based on the principle of breaking up a single transaction. Al-Shafi'i has two opinions regarding it, similar to the two views. Once we say: It is valid—which is the opinion of al-Qadi—and the one (17) for whom the endowment is not valid is someone (18) whose extinction cannot be anticipated, such as the deceased, the unknown, and churches, it is disbursed immediately to those for whom the endowment is valid; because (19) when we validated the endowment while [mentioning that for which endowment is not valid, we have effectively nullified that mention; for validation is impossible while] (20) considering it. However, if the one for whom the endowment is not valid is someone whose
(13) Omitted from: The original. (14) In B and M: "it returns". (15) In B and M: "it is valid". (16) Omitted from: The original. A point of consideration. (17) In the original: "from whom". (18) In the original: "from what". (19) In the original: "because he". (20) Omitted from: M.
