His statement, “whether Muslim or a dhimmi”: It is as though the author omitted one under a treaty of protection and one granted temporary protection, because a treaty is not permanent, nor is temporary protection; unlike the dhimmi covenant, which is fundamentally permanent.
“...other than a hostile disbeliever; or for a church, copying the Torah or the Gospel, or books of heresy...”
His statement, “other than a hostile disbeliever”: The exception here is discontinuous, because a hostile disbeliever has nothing whatsoever to do with a dhimmi. A hostile disbeliever is one with whom we have no dhimmi covenant, treaty, or grant of protection. That is, an endowment for a hostile disbeliever is invalid, as is an endowment for an apostate, because such people possess no inviolability and are not to be allowed to remain as they are. If one condition of an endowment is that the endowed property be enduring, then this applies even more so to its beneficiary. Thus, the hostile disbeliever and the apostate must be killed unless they embrace Islam. Therefore, if someone says, “This is an endowment for my brother,” and his brother is a hostile disbeliever, the endowment is invalid.
Likewise, if he says, “This is an endowment for my brother,” and his brother does not pray, the endowment is invalid, because when it is designated for a specific individual, it is stipulated that it must not involve sin.
His statement, “or for a church”: A church is the Christians’ place of worship; it is equivalent to mosques for Muslims, synagogues for Jews, and hermitages for monks. Thus, if one establishes an endowment for a church, the endowment is invalid. It is not valid to establish an endowment for houses of disbelief, due to Allah’s saying:
“And do not cooperate in sin and transgression.” [Surah al-Ma’idah 5:2]
The apparent meaning of the author’s words is that this applies whether the endower is a Muslim or a Christian. If he is a Muslim, the matter is clear; and if he is a Christian, judging the endowment valid would be assisting them in sin, which is unlawful. Therefore, if a Christian establishes an endowment for a church, we invalidate the endowment, because this is a designated cause, and such a cause must be one of righteousness.
Some scholars held that if the one who established the endowment for