Book of Waqf (Endowments) and Gifts
Al-Wuquf is the plural of waqf. It is said, 'waqaftu waqfan,' and it is not said 'awqaftu' except in anomalous (shadh) language. It is also said 'habbas-tu' and 'ahbas-tu,' and the hadith has come with that: 'If you wish, you may sequester (habbista) its essence and give it away in charity' (1). Al-'Ataya (Gifts) is the plural of 'atiyyah, like khaliyyah and khalayah, or baliyyah and balayah. Waqf is recommended (mustahabb), and its meaning is to sequester the essence (corpus) and release the yield. The basis for it is what was narrated by Abdullah ibn Umar, who said: 'Umar acquired a land in Khaybar, so he came to the Prophet (peace and blessings of Allah be upon him) seeking his advice regarding it. He said: "O Messenger of Allah, I have acquired a land in Khaybar, and I have never acquired wealth more precious to me than it, so what do you command me regarding it?" He replied: "If you wish, you may sequester its essence and give it away in charity, provided that its essence is neither sold, nor purchased, nor gifted, nor inherited." He said: So 'Umar gave it in charity to the poor, the kin, the freeing of slaves, the wayfarer, and the guest. There is no blame upon him who manages it if he eats from it or feeds a friend in kindness, without accumulating wealth from it.' Agreed upon (2). It is also narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "When the son of Adam dies, his deeds cease except for three: an ongoing charity (sadaqah jariyah), knowledge from which benefit is derived after him, or a righteous child who prays for him" (3). He said:
(1) From the hadith whose verification follows. (2) Narrated by al-Bukhari, in: The Chapter of Conditions in Waqf, from the Book of Conditions; and in: The Chapter of What a Guardian May Do with the Wealth of an Orphan...; and the Chapter of How Waqf is Written, from the Book of Wills. Sahih al-Bukhari 3/260, 4/11, 12, 14. And Muslim, in: The Chapter of Waqf, from the Book of Wills. Sahih Muslim 3/1255, 1256. It was also narrated by Abu Dawud, in: The Chapter of What Came Regarding a Man Who Endows a Waqf, from the Book of Wills. Sunan Abi Dawud 2/105. And al-Tirmidhi, in: The Chapter of Waqf, from the Chapters of Rulings. Aridat al-Ahwadhi 6/143. And al-Nasa'i, in: The Chapter of How to Write a Habous (Endowment)..., from the Book of Endowments. Al-Mujtaba 6/191, 192. And Ibn Majah, in: The Chapter of One Who Establishes a Waqf, from the Book of Charities. Sunan Ibn Majah 2/801. And Imam Ahmad, in: Al-Musnad 2/12, 13, 55, 125. (3) Narrated by Muslim, in: The Chapter of What Reward Reaches a Person After His Death, from the Book of Wills. Sahih Muslim =
