regarding their slaves: The endowment is not valid until he manumits them. This is because an endowment is a transfer of ownership, so it is not valid upon one who does not possess. If it is said: You have permitted an endowment upon mosques, water-dispensing stations, and the like, yet they do not possess. We say: The endowment there is upon the Muslims, except that it was specified for a particular benefit for them. If it is said: Then it ought to be valid to endow upon churches, and the endowment would be upon the People of the Dhimma. We say: The destination for which the endowment was specified is not a benefit, but rather a forbidden act of disobedience, for which they are increased (3) in punishment and sin, unlike mosques. An endowment upon a slave is not valid, even if we say that he can possess through transfer of ownership; because an endowment necessitates the tying up of the substance, and the slave does not possess [it] with a permanent, binding ownership. An endowment upon a mukatab is not valid, even if he possesses, because his ownership is not stable. Nor is it [valid] upon an apostate or a (4) harbi (enemy combatant); because their wealth is originally permissible [to be taken], and it is permissible to take it from them by force and subjugation, so what is newly acquired by them is more so, and an endowment cannot be permitted to be taken [by force]; because it is the tying up of the substance.
Section: An endowment is valid upon the People of the Dhimma because they possess property that is respected, and it is permissible to give charity to them, so an endowment upon them is permissible, just as it is for Muslims. It is permissible for a Muslim to endow upon them, based on what was narrated that Safiyyah bint Huyayy, the wife of the Prophet - may Allah bless him and grant him peace - made an endowment upon a Jewish brother of hers (5). Because anyone upon whom it is permissible for a dhimmi to endow, it is also permissible for a Muslim to endow upon, just like a Muslim. If one were to make an endowment upon those among passersby and travelers who descend in their churches and places of worship, it is also valid; because the endowment is upon them, not upon the place.
Section: The supervision of the endowment is handled by the person whom the endower has stipulated; because Umar, may Allah be pleased with him, assigned the supervision of his endowment to Hafsah, for her to manage as long as she lived, then to the men of sound judgment among her family (6). Because the destination of the endowment is subject to the condition of the endower, so too is its supervisor.
(3) In the original: "yazdādūn" (they are increased). (4) Omitted from [M]. (5) Narrated by Abd al-Razzaq, in: The Chapter on the Gift of a Muslim to a Disbeliever and His Will to Him, from the Book of the People of the Book. And in: The Chapter on Inheritance Not Being Divided Until He Embraces Islam, from the Book of the People of the Two Books. Al-Musannaf 6/33, 10/349. And Sa'id, in: The Chapter on the Will of a Minor, from the Book of Wills. Al-Sunan 1/128. And al-Bayhaqi, in: The Chapter on the Will to Disbelievers, from the Book of Wills. Al-Sunan al-Kubra 6/281. (6) Its documentation was mentioned previously on page 184.
