This view is sound, for how can we compel a person to have this property enter his ownership without his consent?

Thus, if he says, “I do not accept it. Just as I would not accept your giving me a gift or granting me a donation, I do not accept your making anything an endowment for my benefit,” then the view that the specified individual must accept the endowment when it is made for him is a strong view—stronger than the view that his acceptance is not a condition.

His statement, “nor its removal from his possession,” means that it is not a condition for the endowment to be removed from the possession of the endower. Thus, if he endows a house while it remains in his possession, the endowment leaves his ownership even though it has not left his possession. This is why, if a person puts some dirhams in his pocket intending them as charity, then changes his mind and decides not to give charity, this is permissible and there is nothing wrong with it. So long as they remain in your possession, you may carry out the donation if you wish, or take it back if you wish. But once an endowment has been made, it takes effect, even if it remains under his control and in his possession.

The conditions mentioned by the author, may Allah have mercy on him, are as follows:

First: the benefit must be enduring; therefore, it is not valid to endow an asset that is consumed through its use.

Second: the endowed property must be specified; thus, it is not valid to say, “I have endowed one of these two houses.”

Third: when it is made for a general purpose, it must be for a righteous cause.

Fourth: it must be made for a specified person who is capable of ownership.

Fifth: according to those who hold that it is required, that person must accept it. According to the other view, however, acceptance is not a condition.