A Summary of the Rulings of Waqf (Part 2)

Part 2 of the Introduction to The Book of Waqf, to be republished soon, insha'Allah, which is a translation of p.485 to 488 of  Sharḥ al-Yāqūt al-Nafīs

The Conditions of the Beneficiary of the Endowment

The conditions of the beneficiary of the endowment are two: that it not be disobedience[1] and that it be possible to take possession[2] of it if it is a specific item

The Conditions of the Beneficiary of the Endowment

            The conditions for the beneficiary of the endowment are two: that it not be in disobedience, such that if one were to dedicate a place to be used as a tavern[3] or the like it would not be valid, because it would be assisting in depravity and disobedience. An endowment can only be in obedience[4] or that which is permissible.

            Is it allowed to dedicate land to be used for ball games?[5]

            They have said: If it will not result in mingling between the sexes and having games there will not include obligatory prayers being left off, such that it doesn’t cause those who are weak in faith to miss one of the obligatory prayers, especially the sunset prayer;[6] if it is free of disobedience then it is allowed to dedicate it, because it is permissible.

           They have said: It is allowed to dedicate pins in order for clothes to be hung on them.

From the Guidance of the Experts:

            On the topic of pins, they mention that a man came to Sheikh Aḥmad Barakāt and asked for some charity, so he gave him a ḥarf.[7] The man thought it was a rather small amount so Barakāt looked at him and then said, ‘Maybe you think this ḥarf is a small amount, while it could enable you to buy something that you will benefit from for a week, or something you will benefit from for a month, or something you will benefit from for a year, or something you will benefit from your entire life.’ The man was astonished and said, ‘How can that be?’

            So he responded: ‘If you want to buy something that you will benefit from for a week, then buy some salt. If you want something for a month, buy a box of matches. If you want something for a year, buy four handheld fans. If you want something for a lifetime, buy four pins, nail them to the wall of your house and hang your clothes off them for the rest of your life, and then your inheritors can use them after you!’

            They also mention that Al-Sayyid ʿAbd Al-Mawlā ibn Ṭāhir, who was an intelligent man, was visited by some guests, and that day he welcomed them, fed them and sat with them until after ʿaṣr[8], being courteous with them while believing that they would leave, but none of them moved. So, he went out and came back with some fans and said to them, ‘Everyone, these are some fans, from Bā Yurawwiḥ[9]…Yurawwiḥ’, and he repeated it until they understood that he wanted them to leave his house and let him rest. They knew what was being implied and thus they left.

            The second, i.e. from the conditions of the beneficiary of the endowment, is that it be possible for him to take possession of it if it is something specified; and thus the beneficiary can’t be someone deceased or an unborn child, as mentioned in the main text and the footnote.

The Conditions of the Dedicated Article

The conditions of the dedicated article are eight: that it be a particular article, that it be specified, that it be owned,[10] that it be transferrable, that it be beneficial, that its benefit does not necessitate the elimination of the article itself, that it be permissible[11] and that it be used for its intended purpose[12]

The Conditions of the Dedicated Article

            The conditions of the dedicated article are eight:

            The first is that it be a particular article, as it is not valid to dedicate the mere right to use something.[13] Is it permissible to dedicate shares that one has in companies?

            If they change and are exchanged, then it is not valid to dedicate them. If they are firmly established as particular articles then it is valid to dedicate them. As for monetary shares in commercial companies, it is not valid to dedicate them according to the school of Imam Al-Shāfiʿī, because a condition of the dedicated article is that it be a particular, established article. However, some schools do hold that it is permissible to dedicate he right to use something.

            The second is that it be specified, for if one were to say, ‘I dedicate one of these two houses’, it would not be valid until one has specified. However, if one were to say, ‘I dedicate one of my two slaves’, the endowment is valid and specification is obligatory.

Attaching Stipulations to an Endowment:

            It is permissible to stipulate that an endowment be made after one’s death, so if one were to say, ‘I have dedicated such and such after my death for the benefit of the poor’, it would be permissible and the endowment would fall under the ruling of bequests. If the endowment were implemented and one stipulated that the proceeds be given to the beneficiaries after one’s death, that would also be permissible.

            The third is that it be owned, as it is not permissible to have an endowment that has been dedicated on top of another endowment. This has happened and it’s problematic. There are masjids that have land next to them that has been endowed for agriculture and then they expand the masjid and incorporate the land. Or, there is a bathhouse that has been endowed and they abolish it and incorporate it into the masjid. An endowment on top of an endowment is not valid, but when they have been compelled to do so they have followed other schools that deem it permissible. Al-Imam Al-ʿAlāmah Al-Sayyid ʿAbdullah Al-ʿAidrūs incorporated the bathhouse of Masjid Al-Saqqāf into the main masjid at the beginning of the fourteenth century AH.

            The fourth is that it be transferrable, and this excludes the slave girl who gives birth to her master’s son,[14] as it is not permissible to dedicate her, because it is not permissible for her master to transfer her in any way that would eliminate ownership. Thus, she is not transferrable, because she will be freed after his death.

            The fifth is that it be beneficial, even if only in the future, such as a dedicating a young donkey to a masjid. As for a terminally ill donkey, it is not permissible to dedicate it, because it has no benefit, and the same goes for someone who wants to dedicate his runaway slave.

            As for dedicating a trained dog, there are two positions in our school. The relied-upon position[15] is that it is not allowed, but there is a second position that permits such a dedication, and it is a strong position.

         The First Person to place Basins in the Masjids of Ḥadramawt:

As long as the lesson is on endowments, we would love to mention an important historical point, which is: The first person to establish basins in the masjids of Ḥadramawt was Al-Imam Al-Sayyid ʿAbdur Raḥmān Al-Saqqāf, and the earliest basin that still exists today is an ancient basin that stands alone just left of the entrance to his masjid, and it was built in the eighth century AH.

           The sixth is that its benefit does not necessitate the elimination of the article itself. As for that which eliminates the article itself, such as a candle or a bag of rice, anything which its benefit cannot be obtained without it being eliminated is not valid to dedicate, because what is sought from endowments is permanence.[16]

            The seventh is that be permissible, as it is not valid to dedicate musical instruments and that which is unlawful.

            The eighth is that it be used for its intended purpose, as it is not allowed to dedicate money to be used as embellishment, because such a utility is not the intended purpose of money.

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[1] Whether it is general or specific, for it is not valid for the proceeds of the endowment to go towards the building of a church that will be used for worship, nor the servant of a church that is used for worship. It is valid for the beneficiaries to be poor as well as rich, i.e. those who are denied zakāt, even if it doesn’t appear to be an act of drawing nearer to Allah to give to them.

[2]Ar. imkān tamallukih, i.e. for the dedicated article from the endower at the time the endowment is made. Thus, it is not valid to dedicate a Muslim slave or muṣḥaf for the benefit of a disbeliever, and it is also not valid for the beneficiary to be an unborn child (janīn), due to the invalidity of it taking possession, whether it is specifically intended or included in a group, such that if there are children and one unborn child, it is not included. Yes, after it is born, it is included, but that is unless the endower has named those present or mentioned their number, in which case it is not included. The beneficiary also cannot be someone deceased, nor can the dedicated article be a slave for the beneficiary of that slave or for the benefit of oneself, and the same goes for an owned beast unless its owner is intended.

[3] (tn): or pub

[4] (tn): i.e. rewardable as opposed to being merely permissible

[5] (tn): e.g. football, soccer, baseball etc.

[6] Ar. ṣalāt al-maghrib

[7] Here a ḥarf is a currency that was equivalent to a quarter or half of a Saudi riyal at that time.

[8] (tn): i.e. the time of the mid-afternoon prayer

[9] (tn): which literally means ‘he provides rest’

[10] Yes, it is valid for the ruler to dedicate lands belonging to the Muslim treasury (bayt al-māl) for a specific purpose on the condition that the benefit therein be manifest, as his spending it is dependent on that, such as the guardian of an orphan.

[11] As it is not permissible to dedicate a musical instrument

[12] If one were to dedicate a dirham to be used for embellishment [i.e. jewellery], it would not be valid because embellishment is not its intended purpose. Likewise, it is not valid to dedicate dirhams that will be used to trade with and then donate the profit to the poor, and the same goes for making a bequest out of them for the same purpose.

[13] (tn): Ar. manfaʿah, e.g. one would dedicate a house or apartment as opposed to merely the right to reside therein, cf. usufruct

[14] Ar. umm walad

[15] Ar. al-muʿtamad

[16] Because an endowment, as they have said, is to retain the foundation and dedicate the proceeds to charitable purposes

Related:

A Summary of the Rulings of Waqf (Part 3)
Podcast of Part 2
A Summary of the Rulings of Waqf (Part 1)
Podcast of Part 1 

The Wonders of Waqf