[And Sa'd gave his house in Medina and his house in Egypt as charity to his children, and 'Amr ibn al-'As gave al-Waht (8) and his house in Mecca to his children], (9) and Hakim ibn Hizam gave his house in Mecca and Medina to his children, and all of that remains until today. Jabir said: "None of the Companions of the Prophet (peace and blessings of Allah be upon him) who possessed wealth failed to establish a waqf." This is a consensus among them, for whoever among them was capable of establishing a waqf did so, and that became widely known, and no one denied it, so it constituted consensus. Furthermore, it is the removal of ownership that becomes binding through a bequest, so if he completes it during his lifetime, it becomes binding without a judgment, like manumission (itq). The hadith of Abdullah ibn Zayd, if it is authentic, contains no mention of a waqf; the outward meaning is that he made it a charity that was not a waqf, in which he appointed the Messenger of Allah (peace and blessings of Allah be upon him) as his representative, and he [the Prophet] saw his parents as the most deserving of people to have it directed toward them. That is why he did not return it to him, but rather handed it over to them. It is also possible that the garden belonged to them, and he was managing it by virtue of acting as their representative, so he performed this action without their permission, and they did not implement it, so they came to the Prophet (peace and blessings of Allah be upon him) and he returned it to them. Drawing an analogy to charity is not valid because charity becomes binding during life without a judge's ruling, and it only requires possession (qabd), whereas a waqf does not require it, so they are distinct.

918- Issue: Abu al-Qasim, may Allah have mercy on him, said: (Whoever establishes a waqf while sound in his intellect and body, for a group of people, their children, and their descendants, then for the poor as a final destination, his ownership of it has ceased.)

There are three sections in this issue:

The first: That when a waqf is valid, the endower's ownership ceases through it, according to the correct view of the school. This is the well-known view of the Shafi'i school and the school of Abu Hanifa. From Ahmad, there is a view that: his ownership does not cease. This is the view of Malik, and it was narrated as a view of al-Shafi'i (may Allah be pleased with him), due to the Prophet's saying (peace and blessings of Allah be upon him): "Tie up the essence and release the yield" (1). Our evidence is that it is a cause that removes the right of disposal over the