the benefit. Thus, the indication of “I have retained it in perpetuity” for an endowment is one of necessary implication, since a necessary consequence of saying, “I have retained the corpus,” is that he devotes the benefit.

Likewise, the indication of “I have devoted it” for retaining the corpus in perpetuity is one of necessary implication, because saying, “I have devoted the benefit,” means that he has retained the corpus. These, then, are three expressions: “I have made it an endowment,” “I have retained it in perpetuity,” and “I have devoted it.” Any derivatives of them carry the same ruling. Thus, if he says, “This land is endowed,” “This land has been made an endowment,” “This land has been retained in perpetuity,” or “This land has been devoted,” these are explicit expressions. But if he says, “I will retain it in perpetuity,” the endowment is not established, because this is a statement of information rather than a performative declaration. Contracts are performative declarations, even when their wording takes the form of a statement. If he says, “I am devoting it,” “I am making it an endowment,” or “I am retaining it in perpetuity,” all of these are explicit expressions of endowment. It is not a condition that all these expressions be used together; rather, if he uses just one of them, it becomes an endowment.

His statement, “and its indirect expressions”: an indirect expression is one that can bear the intended meaning as well as another meaning.

His statement, “I have given it in charity”: the expression “I have given it in charity” indicates a charitable gift, through which the recipient acquires ownership of both the corpus and the benefit, and it becomes his property. Thus, if he says, “I have given my car in charity to so-and-so,” the car becomes his property, to dispose of as he wishes. It may, however, constitute an endowment if he intends it as such.

His statement, “I have made it forbidden”: that is, “I have made my house forbidden to myself.” A person’s property cannot become forbidden to him unless he removes it from his ownership.

His statement, “I have made it perpetual”: this too is an indirect expression, because it means, “I have made it perpetual, never to be changed.” Therefore, we say that it is indirect rather than explicit.

When used without further qualification, these expressions do not indicate an endowment, though they can indicate one when accompanied by the intention.