even if its term could not be fixed, given the general public benefit involved. By making it a waqf (endowment), it thus came under the same legal ruling as what Allah granted His Messenger as fayʾ from Khaybar, al-ʿAwālī, and the properties of Banū al-Naḍīr. The revenue collected from its kharāj would be spent on public interests; it would not be fayʾ subject to a fifth, because a fifth had already been taken from it. Nor would it be restricted to the army, since it had been endowed for all Muslims. Its proceeds therefore came to be spent on their general interests, including the stipends of the army, the fortification of the frontier strongholds, the construction of bridges and congregational mosques, the dredging of waterways, and the stipends of those whose work served the general public interest, such as judges, jurists, Quran reciters, imams, and callers to prayer. If anything remained after that, it was for all Muslims—those who served a general public interest and those who did not, rich and poor alike.

Aḥmad explicitly stated that ʿUmar did not divide it among the recipients of the spoils but made it an endowment. In the narration of Ḥanbal, he said: “ʿUmar endowed it and did not divide it. ʿAlī advised him to do so.” In the narration of al-Marwazī, he said: “I hold only that al-Sawād is an endowment, and that ʿUmar left al-Sawād undivided.” In the narration of al-Maymūnī, he said: “Al-Sawād was endowed for the Muslims who would come later.” In the narration of al-Athram, after mentioning Allah’s statement, “and those who came after them,” he said: “ʿUmar interpreted this to mean that the land was endowed for those who would come after them.” Thus, he explicitly affirmed that it was an endowment and that ʿUmar had not divided it.

Accordingly, it is not permissible to sell the underlying land, according to the single narration transmitted from him. As for whether it may be purchased despite the prohibition against selling it, there are two narrations. The first is that this is impermissible. A group transmitted this view from him. In the narration of al-Marwazī—when he was asked about a man who wished to leave for Iraq, and whether he should sell his house—he disapproved and said: “He should not do so.” In the narration of Isḥāq—when he was asked about a man who owned an estate in al-Sawād and was in debt, and whether he could sell it to pay his debt—he replied: “No.” He gave the same answer in the narration of Muḥammad ibn Abī Ḥarb. In the narration of Ḥanbal, he said: “Al-Sawād is an endowment. I do not think its land may be sold or purchased.” Thus, the group transmitted from him an absolute prohibition.

The rationale is that ʿUmar endowed it for the entire body of Muslims, so it follows the ruling of all other endowments. It has also been transmitted from ʿUmar that he prohibited its purchase.