((لا يُباع أصلها ولا يوهب ولا يورث))

"Its principal must neither be sold, gifted, nor inherited." *NOTE:* A Waqf is established in one of two ways: 1. Through a Verbal Declaration: - This can be done using: a: explicit wording (لفظ صريح), such as saying: “I have endowed this property,” or “I have designated it as waqf.” b: implicit wording (كناية) provided it is accompanied by the intention of waqf, such as saying: “I have donated this property,” “I have prohibited its sale,” or “I have made it perpetual.” 2. Through Actions That Clearly Indicate Waqf: - For example, if someone builds a masjid and allows people to pray in it or establishes a cemetery and permits Muslims to be buried there, this is considered a valid waqf. Once a waqf is initiated, it immediately transfers from the owner’s possession to its designated purpose and cannot be revoked under any circumstances. 6. The endowed asset must be specifically identified; an ambiguous or undefined asset cannot be made into a Waqf. 7. The endowment must be immediate and unconditional. A conditional or temporary Waqf is invalid, except when stipulated to take effect after the endower’s death. For example, if a person says: “After my death, my house will be a waqf for the poor.” However, if the waqf is made conditional upon death, it takes the ruling of a bequest (وصية), meaning it will only apply to one-third of the estate. NOTE: Some scholars, however, have held that a conditional waqf is valid in all cases. This view was chosen by Sheikh Al-Islam Ibn Taymiyyah (may Allāh have mercy on him) and appears to be the stronger opinion—and Allāh knows best. Based on this, if someone says: “If Allāh heals my sick relative, my house will be a waqf for the poor and needy,” then according to the opinion in the book, this waqf would be invalid because it is contingent on a condition. However, according to this opinion, which is the stronger view, such a waqf would be valid. BENEFIT: Five key differences between waqf and wasiyyah: 1) Waqf takes effect during the lifetime of the donor. Wasiyyah is contingent upon death and is executed after the testator’s passing. 2) Waqf may be established with any amount of wealth, and a person may even dedicate all of their assets—except if they do so while terminally ill, in which case it takes the ruling of a wasiyyah (as previously explained). Wasiyyah, however, cannot exceed one-third of the estate. 3) Waqf involves preserving the principal asset while allowing its benefits to be used. Wasiyyah can involve transferring ownership of the asset itself to the beneficiary. 4) Waqf must be established using a specific, existing asset. Wasiyyah can apply to future assets, benefits, tangible objects, or even debt forgiveness. 5) Waqf is permanent and irrevocable—once an asset is endowed, it immediately exits the donor’s ownership and cannot be reclaimed. Wasiyyah, being effective only upon death, may be altered or revoked by the testator at any time during their lifetime. 8. The conditions set by the endower must be upheld, provided they do not contradict the Shari'ah. This is based on the statement of the Prophet ﷺ: ((المسلمون على شروطهم)) “Muslims are bound by their conditions.” BENEFIT: A waqf designated for an invalid purpose is referred to by jurists as "منقطع الابتداء" (discontinued from the outset), and such a waqf is considered invalid. On the other hand, a waqf that is allocated to something but later becomes discontinued is known as "منقطع الانتهاء" (discontinued in the end). In this case, the waqf should be redirected to a similar purpose as the original intended allocation. 9. If a Waqf is dedicated to the endower’s children, both male and female offspring shall have equal shares in its benefits. ______ الباب الثالث والعشرون: الهبة والعطية The Chapter 23rd Subchapter: Gift and Donation المسألة الأولى: معناها وأدلتها Definition and Evidences DEFINITION LINGUISTICALLY لغة: مطلق العطية an absolute grant.