the hadith of ʿAbd Allāh ibn Yazīd, it concerns a charitable gift transferring ownership, not an endowment, as shown by his words, “It has returned to you through inheritance.” According to the opposing view, an endowment is inherited from its founder, not from its beneficiary. Moreover, the words “It has returned to you” indicate that it had left his ownership through the endowment—something they do not accept.
As for their argument that it relinquishes ownership without vesting it in anyone else, like saying, “I have relinquished ownership of this house,” this is unsound. The relevant characteristic is absent from the case on which the analogy is based: merely saying, “I have relinquished ownership of this house,” does not actually relinquish ownership. Their argument is also refuted by manumission, which relinquishes ownership without vesting it in anyone else, yet is binding. Likewise, their analogy with a loan for use is refuted by manumission and by the construction and endowment of a mosque.
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The correct position, therefore, is that of Mālik, may Allah have mercy on him, and the great majority of scholars, who permit endowments. The Messenger of Allah, peace and blessings be upon him, as well as ʿUmar ibn al-Khattāb, ʿUthmān ibn ʿAffān, ʿAlī, Talhah, al-Zubayr, Zayd ibn Thābit, ʿAbd Allāh ibn ʿUmar and ʿAmr ibn al-ʿĀs, endowed houses and orchards.
“ʿUmar ibn al-Khattāb consulted the Messenger of Allah, peace and blessings be upon him, about his charitable gift, saying, ‘O Messenger of Allah, I have acquired property dearer to me than any I have ever acquired, and I wish to give it in charity.’ The Messenger of Allah, peace and blessings be upon him, told him, ‘Retain the principal and devote its yield to charity.’ He therefore wrote: ‘This is what ʿUmar ibn al-Khattāb has given in charity: a charitable endowment that is neither to be sold, given away nor inherited, for the poor, near relatives, the cause of Allah and the wayfarer. There is no blame upon its administrator if he eats from it in a reasonable manner.’”
It is reported that Mālik said: ʿUmar ibn al-Khattāb, may Allah be pleased with him, established a charitable endowment for those who ask and those who are deprived. After him, ʿAbd Allāh ibn ʿUmar stipulated in his own charitable endowment that it was for those who ask and the poor. Thus ʿAbd Allāh ibn ʿUmar clarified it.
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Endowments are thus an established Sunnah, observed by the Prophet, peace be upon him, and the Muslims after him. Indeed,