Book of Endowment (Kitāb al-Waqf)

A waqf is valid only when three conditions are met: (1) the declarative wording is sound; (2) the settlor has the legal capacity to make a gratuitous gift; and (3) the asset endowed yields enduring benefit—it may not be something consumable such as foodstuffs or aromatic herbs.

One may dedicate real property, movable chattels, or an undivided share, but not a slave, an item that exists only as a debt (for example, “a garment I owe”), nor may a free man dedicate himself, his slave-concubine, a trained dog, or—on the sounder view—one of his two slaves.

If someone endows a building or trees standing on land that he has leased for their use, the sound opinion is that the waqf is valid.

When the waqf is directed to a specific person or group, the beneficiary must be capable of legal ownership; therefore it is invalid for a fetus or for a slave on his own behalf. If the declaration is made simply “for the slave,” it is deemed a waqf for the slave’s master. An unqualified dedication to an animal is void, though some maintain that it is a waqf for the animal’s owner.

A waqf may be established for a dhimmī (a non-Muslim under Muslim protection), but not for an apostate, a belligerent non-Muslim, or—according to the sounder view—for oneself.

An endowment for a sinful purpose, such as building churches, is void. One for a pious purpose—relief of the poor, support of scholars, maintenance of mosques and madrasas—is valid. If the purpose is for a category whose devotional character is not obvious, such as “the rich,” it is nevertheless valid on the sounder opinion.

No waqf takes effect without a verbal declaration. Explicit formulas include, “I have endowed such-and-such,” or, “This land is now made a waqf for him.” On the correct view, the expressions tasbīl and taḥbīs are equally explicit. Should one say, “I have given this as an irrevocable charity,” “as a waqf,” or, “it is not to be sold or gifted,” that too is explicit according to the sounder view. Saying only, “I have given it in charity,” is not explicit, even if waqf is intended, unless it is linked to a public cause and so intended. The preponderant opinion is that saying, “I have forbidden it (from sale)” or “I have made it perpetual” is not explicit.

The statement, “I have made this plot a mosque,” is sufficient to render it a mosque.

If the waqf is in favor of a named individual, his acceptance is required; should he refuse, his right lapses, whether or not acceptance was expressly stipulated.

And if he were to say, “I have endowed …”