to hunting, and birds of prey that are not used for hunting; because that is a transfer of ownership of them while alive, so it resembles a sale. Furthermore, because an endowment is the tying up of the principal and making the benefit available, and what has no benefit cannot have its benefit made available. As for the dog, its use has been permitted, contrary to the original rule, out of necessity, so it is not permissible to extend this further. In the case of mortgaged property, its endowment would nullify the rights of the mortgagee, so it is not permissible to nullify it. It is also not valid to endow that which is not specified, such as a slave owed as a debt, a house, or weapons; because an endowment is the nullification of the meaning of ownership over it, so it is not valid for an unspecified slave, just like emancipation.

Section: Ahmad said, regarding a person who bequeathed a horse, a saddle, and a silver-plated bridle to be endowed in the cause of Allah: It shall be according to what he endowed and bequeathed. If the silver is sold from the saddle and bridle and invested in an endowment of their likes, it is more preferred; because the silver cannot be utilized as is, and perhaps he might buy a saddle and bridle with that silver, which would be more beneficial to the Muslims. It was said to him: Should the silver be sold and spent on its maintenance? He said: No. He permitted buying a saddle and bridle with the silver of the saddle and bridle because it is spending them on the same kind as they were originally, since they could not be utilized otherwise. This is analogous to a tethered horse that becomes injured and can no longer be used for Jihad; it is permissible to sell it and spend its price on its like, but it is not permissible to spend it [the money] on the horse itself, because that would be spending it on a purpose other than its intended direction.

928 - Issue: He said: (And the endowment is valid in what is other than that.)

The summary of this is that what is permissible to be endowed is that which is permitted to be sold, and whose benefit can be utilized while the substance remains intact, and it is a principal that remains permanently, such as real estate, animals, weapons, furniture, and their likes. Ahmad said, in the narration of al-Athram: Endowments are only [valid] in houses and lands, following what the companions of the Messenger of Allah - may Allah bless him and grant him peace - endowed. He also said regarding someone who endowed five palm trees to a mosque: