that it transfers ownership to him, like a gift and a sale. And because if it were merely assigning the usufruct, it would not be binding, like a loan (ariya) or residence (sukna), and the ownership of the endower would not cease, as in a loan. It differs from manumission, for that removes it from the status of wealth, and the prohibition of disposing of the corpus does not prevent ownership, as in the case of an umm al-walad.

Section: The wordings of waqf are six; three are explicit and three are allusive. The explicit ones are: "I have made it a waqf," "I have restrained it (habbastu)," and "I have made it a public endowment (sabbaltu)." Whenever one brings any one of these three, it becomes a waqf without the addition of any other matter; because these expressions have established a customary usage among people, and this is reinforced by the custom of the Shari'ah, by the Prophet's (peace be upon him) statement to Umar: "If you wish, restrain (habbis) its corpus and donate its fruits (sabbilha)." Thus, these wordings in a waqf are like the wording of divorce in a divorce contract. As for the allusive ones, they are: "I have given it as a charity," "I have made it forbidden (haram)," and "I have made it perpetual (abbadtu)." These are not explicit because the word for charity (sadaqah) and prohibition (tahrim) are ambiguous; for the word 'sadaqah' is used for zakah and gifts, and 'tahrim' is used for dhihar and oaths, and it may be a prohibition upon oneself or another; and 'ta'bid' (perpetuity) could mean the perpetuity of the prohibition or the perpetuity of the waqf. These wordings have not acquired the customary usage for waqf, so the waqf does not occur through them alone, just like the allusive wordings of divorce. If one of three things is added to them, the waqf occurs by them. The first is that another wording is added that clarifies them from the five expressions, so he says: "a waqf charity," or "restrained," or "publicly endowed," or "forbidden," or "perpetuated." Or he says: "This is a forbidden waqf," or "restrained," or "publicly endowed," or "perpetuated." The second is that he describes it with the attributes of waqf, so he says: "A charity that shall not be sold, gifted, or inherited"; because this context removes the ambiguity. The third is that he intends the waqf; so it is as he intended, except that the intention makes it a waqf inwardly but not outwardly, due to the inability to perceive what is in the hearts. If he confesses what he intended, it becomes binding in legal judgment due to its manifestation. If he says: "I did not intend a waqf," then his word is accepted, because he is most knowledgeable of what he intended.