Book of Endowments
Introduction
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Book of Endowments

A waqf (charitable endowment) is the detention of the capital and the dedication of its benefit. It is established either by an explicit statement or by conduct that clearly points to it,1 such as a man who turns his land into a mosque and allows people to pray there, or into a cemetery and authorises2 burials therein.

The explicit formulae are: “I have endowed,” “I have withheld,” or “I have consecrated.” The implied formulae are: “I have given it in charity,” “I have rendered it inviolable,” or “I have made it perpetual.” When indirect wording is used, an accompanying intention is required, or the phrase must be coupled with one of the five explicit terms, or with a statement that conveys the legal effect of a waqf.

Another condition is that the property must provide a continuous benefit produced by a specific object3 whose corpus remains intact, such as real estate, livestock, and the like.

The endowment must be directed to a righteous purpose—for example, mosques, bridges, the destitute, or needy relatives, whether Muslim or a non-belligerent dhimmi. It is invalid if made for a church, copies of the Torah or Gospel, heretical writings, a testamentary bequest, or for the donor’s own benefit.

For endowments other than a mosque and its like, the beneficiary must be a determinate owner; it is therefore invalid to dedicate it to something incapable of ownership, such as an animal, a grave, or an unborn child. Neither the beneficiary’s acceptance nor removing the property from the settlor’s possession is a condition.

Section

The terms stipulated by the donor of the waqf must be observed in matters of combining, giving precedence, and the opposite.