common usage? The sound view is that all verbal formulations of contracts are determined by common usage. A particular expression may be explicit among one people and implicit among another, while among others it may not convey the meaning at all. Thus, the sound view is that reference is made to people’s customary usage: whatever is consistently understood among them to indicate a given meaning is explicit; whatever is not consistently so understood, but is intended thereby on some occasions, is implicit; and whatever does not indicate the meaning at all is nothing of the sort. In every matter, an explicit expression is one that, in customary usage, admits of no other meaning, for all of this originates with people and returns to them.

His statement, “I have made it an endowment,” means: “I have made my land an endowment,” “I have made my house an endowment,” “I have made my car an endowment,” or “I have made my pen an endowment.” Whatever a person makes into an endowment thereby becomes an endowment.

His statement, “I have retained it in perpetuity,” means that he has retained its corpus. Here it is understood as referring to the corpus, because the Prophet ﷺ said to Umar: “If you wish, retain its corpus in perpetuity” (1). He ﷺ also said: “As for Khalid, you have wronged Khalid, for he has retained his coats of mail and equipment for the sake of Allah” (2). This indicates that retaining something in perpetuity, or making it so retained, is an explicit expression of endowment.

His statement, “I have devoted it,” means that he has devoted its benefit. Thus, if he says, “I have devoted my house,” the meaning is that he has devoted its benefit while keeping its corpus retained in perpetuity.

At times, he mentions what relates to the corpus, and at other times what relates to the benefit. Thus, “I have retained it in perpetuity” relates to the corpus, whereas “I have devoted it” relates to