The endowment is proved immediately upon their being endowed.
The endowment is proved immediately upon their being endowed. 2691. It is necessary that the person who makes an endowment should be adult and sane, and should enjoy free will and authority and should be entitled legally to appropriate his property. Hence, as a prodigal (a person who spends his wealth on absurd things) is not entitled to appropriate his property, the endowment of anything made by him is not in order. 2692.
If some property is made a Trust for a child who is in his mother's womb, it is difficult that such an endowment should be correct, and it is necessary to observe precaution in this case.
However, if a Trust is created for some persons who are present at the time and after them for the persons who will be born later, although they may not be even in the womb of their mothers when the Trust is made for example if a person endows a property for his children and after them for his children's children and every succeeding group benefits from it, the endowment is in order. 2693.
If a person creates a Trust for himself for example, if he endows a shop for himself so that its income may be spent upon his tomb after his death, the endowment is not in order. However, if, for example, he creates a Rust for the indigent persons, and later becomes indigent himself, he can benefit from the profit which accrues to the endowment.
**2694.**If a person specifies a mutawalli (custodian) of the property endowed by him, the custodian should act according to his instructions, and if he does not specify a custodian and, for example, he has endowed the property for some particular persons say for his children the authority rests with them, and if they are not adult the authority rests with their guardian. And the permission of the religious Head is not necessary for benefiting from the endowment. 2695.
If a person endows a property, for example, for the indigent persons or for the sayyids, or he endows it with the object of spending its profit by way of alms, and he has not specified the custodian for the endowment, the authority with regard to the trust rests with the Religious Head. 2696.
If a person creates a Trust for some particular persons (for example for his descendants) so that every group should benefit from it after another group, and the custodian of the Trust leases it out, and then dies, the lease does not become void.