Question: 

If a person, before passing away put all his money into a company that his father has build, then he made some shares which he owns of that company Waqf for the poor, will this waqf be valid? i.e. can shares be made waqf?

Answer: 

Your question is very vague with minimal details provided. If you mean by your question that the father put up a building or a block of flats and the son thereafter purchased a share in the block of flats and donated (i.e. made Waqf) of a portion of his share (during his lifetime) to the poor then such a Waqf will be valid and in order, even though the flats may have been in a joint partnership between father and son.

مشترک جائداد میں سے جس کا دل چاہے اپنا حصہ فروخت کردے یا وقف کردے ۔ کسی شریک کو اعتراض کا حق نہیں - فتاوی محمودیہ ص ۳۶ ج ۲۱ 

وَلَوْ أَنَّ رَجُلَيِْْ بَيْنَهُمَا أَرْضٌ فَوَقَفَ أَحَدُهَُُا نَصِيبَهُ جَازَ في ق وْلِ أبي يُوسُفَ رَحَِِهُ اللََُّّ تَعَالََ )الفتاوي الهندية ص 368 ج 2 )

If he didn’t make Waqf of the block of flats in his lifetime but left a bequest that a stipulated portion of his share must be made Waqf to the poor, then such a bequest is also in order with the proviso that it doesn’t exceed one third of the entire estate.

If the scenario is other than what we have explained above, then feel free to forward the details and we will respond accordingly Insha’Allah.

And Allah Ta’aala knows best!

ANSWERED BY: Mufti Mohammed Desai 

CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B 

Date: 24 Jumadal Ukhra 1441 

English Date: 19 February 2020