Thus, intention is required along with an indirect expression, or the accompaniment of one of the five expressions, or a ruling indicating an endowment.
His statement, “Thus, intention is required along with an indirect expression, or the accompaniment of one of the five expressions, or a ruling indicating an endowment,” means that an endowment is not established by an indirect expression except through one of three matters:
The first is intention, due to the Prophet’s saying, peace and blessings be upon him: “Actions are only by intentions, and every person shall have only what he intended” (1). Thus, if he says, “I have given my car in charity to so-and-so,” then says that he intended it to be an endowment for him, the author’s words indicate that it becomes an endowment, and that the recipient of the charitable gift may not sell it or transfer its ownership, because it is an endowment. But if the recipient claims that it is his property, then two matters conflict: the outward wording and the inward intention. Should we say that a person knows his own intention best and refer the matter back to him, because he disposed of his property in this manner and so it can only leave his ownership in that manner? Or should we say that this is a claim contrary to what is outwardly apparent, and is plausible, since he may regret having given it in charity and claim that it was an endowment so that it remains inalienable?
In this case, the judiciary should intervene and examine whether this man is trustworthy—such that what he claims regarding his intention is true—or untrustworthy, and rule according to the circumstantial evidence.
If he says, “I have made my car forbidden,” this may mean that he has forbidden himself from using it; that is, he has sworn not to drive it, because declaring something forbidden constitutes an oath, as Allah Most High says: