or someone who is absent, and the like. We know of no disagreement regarding this, because it is a transfer of ownership regarding a matter that is not built upon predominance and spread, so it is not permissible to suspend it upon a condition, like a gift. The later scholars among our colleagues equated its suspension upon death with its suspension upon a condition during life. This is not valid, due to what we have mentioned regarding the difference between them previously.

Section: If he suspends its conclusion upon a condition, such as his saying: "My house is an endowment for a year," or "until the pilgrims arrive," it is not valid according to one of the two opinions; because it contradicts the requirement of an endowment, for its requirement is perpetuity. In the other opinion, it is valid; because it is interrupted at its conclusion, so it resembles the case where he endows it to someone with an interrupted conclusion. If we rule for its validity here, then its ruling is the ruling of one with an interrupted conclusion.

Section: If he says: "This is an endowment for my children for a year, then for the poor," it is valid. Likewise, if he says: "This is an endowment for my children for the duration of my life, then after my death it is for the poor," it is valid; because it is an endowment with connected initiation and conclusion. If he says: "An endowment for the poor, then for my children," it is valid, and it shall be an endowment for the poor, and his statement "for my children" shall be rendered void (4), because the poor do not face extinction.

Section: The reports from Ahmad differed regarding an endowment made during his illness for some of his heirs. One report states: This is not permissible, and if he does it, it depends on the permission of the rest of the heirs, [for Ahmad said] (5), in the report of Ishaq ibn Ibrahim, regarding someone who bequeathed to his grandchildren land to be endowed for them: "If they do not inherit from him, it is permissible." The apparent meaning of this is that the endowment for them during illness is not permissible. Abu Hafs al-Ukbari and Ibn Aqil chose this, and it is the school of al-Shafi'i. The second report is: It is permissible for him to endow his third to them, like foreigners, for he said, in the report of a group including al-Maymuni: "It is permissible for a man to endow during his illness"