a graveyard—that it is temporary. Shaykh al-Islam stated explicitly that it becomes an endowment even if he intends otherwise, because such an intention conflicts with the reality of the matter. Whoever makes his land into a mosque knows that the mosque will remain; so how can he intend that it not remain?!
The third case is that he intends neither this nor that. It still becomes an endowment, without any issue.
If a man owns a piece of land between two streets, and people begin using it as a passage while he remains silent, should we say that this road has become an endowment? No, because this does not indicate an endowment. Many people, when they have no need for a piece of land, allow others to pass through it; but when they need it, they fence it off and close the passage. Thus, an act must be accompanied by a clear indication that it is an endowment, for the basic presumption is that a person retains ownership of what he owns. We do not depart from this presumption except on the basis of a clear indication.
“Explicit expressions are: ‘I have made it an endowment,’ ‘I have set it aside in perpetuity,’ and ‘I have dedicated it for public benefit.’ Implicit expressions are: ‘I have given it in charity,’ ‘I have made it inviolable,’ and ‘I have made it perpetual,’ …”
His statement, “Its explicit expressions,” refers to verbal statements. Such statements are of two types: explicit and implicit. This occurs in various matters; for example, divorce has explicit and implicit expressions.
The criterion for an explicit expression is that it admits of no meaning other than endowment.
The criterion for an implicit expression is that it may refer either to an endowment or to something else.
With an explicit expression, the ruling is established merely by uttering it, because it is explicit and admits of no other meaning. An implicit expression, however, requires something additional: either an intention or a contextual indication.
Are explicit and implicit expressions a matter established by the Sacred Law, such that all people are alike with respect to them—as with prayer, zakah, fasting, and Hajj—or are they a matter determined by