19 – Book of Endowments (waqf)

According to Abu Hanifah, the donor’s ownership of the property does not cease merely by declaring it a waqf; it only lapses if a judge confirms the endowment, or if the donor links it to his death by saying, “When I die, I have endowed my house for such-and-such.” Abu Yusuf holds that ownership is terminated by the utterance alone, whereas Muhammad maintains that it does not lapse until the donor appoints a guardian for the waqf and delivers the property to him.

Once the waqf is validated—despite their differences—it leaves the donor’s estate and does not enter the estate of the beneficiary.

Endowing an undivided share is valid in the opinion of Abu Yusuf; Muhammad deems it invalid.

Abu Hanifah and Muhammad say that a waqf is not complete unless its ultimate remainder is assigned to a category that will never cease. Abu Yusuf, however, allows an endowment whose named purpose may come to an end; when that happens the property reverts to the poor, even if they were not explicitly mentioned.

Endowing real estate is valid, but movable property that can be transported may not be endowed. Abu Yusuf nevertheless allows a man to endow a farm together with its cattle and even his slaves, while Muhammad permits the holding (ḥabs) of war-horses and weapons.

After a waqf has been properly constituted, it may neither be sold nor transferred. An exception, according to Abu Yusuf, is an undivided property: if a co-owner requests partition, the division is permissible.

The first charge on the waqf’s revenue is its maintenance, whether or not the donor stipulated this. If a house is endowed for the residence of the donor’s children, the cost of upkeep rests on whoever enjoys that residence. Should the resident refuse or lack the means, the judge rents out the house, spends the rent on its repair, and once the repairs are complete returns the house to the entitled resident.

Rubble, building materials, or equipment from any collapsed part of the waqf are to be used by the judge for the waqf’s repair if it needs them; and if the waqf is self-sufficient