And just as if he were to gift it or purchase it. It differs from an endowment upon a specific group of people, for in that case, a right to the benefit of the land and its yield is designated for each one of them; for this reason, it is mandatory to give it to him, and it is not permissible to deprive him.
Section: An endowment is valid upon a large tribe, such as Quraysh, Banu Hashim, Banu Tamim, Banu Wa'il, and their likes. It is permissible to make an endowment for all Muslims, or for the people of a region or a city, such as al-Sham, Damascus, and their likes. It is permissible for a man to make an endowment for his clan or the people of his city. Al-Shafi'i said, in one of his two opinions: An endowment is not valid upon those who cannot be encompassed and enumerated, other than the poor and their likes; because this is a disposition regarding the right of a human, so it is not valid with ambiguity, just as if he were to say, "I made an endowment for a group of people." Our view is that whoever it is valid to make an endowment upon, if their number can be counted, it is valid; and if it cannot be counted, it is [also] valid, like the poor and the destitute. What he mentioned is invalidated by the [validity of] an endowment upon the poor and the destitute. Whenever the endowment is upon those who cannot be counted, there is no zakat upon any one of them for what becomes rightfully theirs, due to what we mentioned regarding the poor, nor is there zakat upon the total endowment, due to what we mentioned before.
927 - Issue; He said: (And that which cannot be benefited from except by destruction—such as gold, silver, edible food, and drink—its endowment is not permissible.)
The sum of this is that what cannot be benefited from while its substance remains intact—such as dinars, dirhams, food, drink, wax, and their likes—its endowment is not valid, according to the opinion of the generality of jurists and scholars, except for something narrated from Malik and al-Awza'i regarding the endowment of food, that it is permissible, though the companions of Malik did not report this from him. It is not correct; because an endowment is the tying up of the principal and the making of the yield available for free use, and for that which cannot be benefited from except by destruction, that is not valid. It has been said regarding dirhams and dinars: their endowment is valid, according to the opinion of those who permitted their leasing. But it is not valid; because that benefit is not
(5) In the original: "yata'ayyanu" (is designated).