The same applies to a gift (hiba) and a present (hadiyya), due to the indication of the situation; thus, it is the same here. As for a waqf for the poor, custom has not established it without a verbal expression. Had there been something that custom had established, or that the situation indicated, it would be like our issue. And Allah knows best.

919 - Issue: He said: "And it is not permissible for anything of its benefits to return to him."

In summary, whoever endows something as a valid waqf, all its benefits belong to the beneficiary, and his ownership—as well as the ownership of its benefits—is removed from the endower. Thus, it is not permissible for him to benefit from any of it, unless he endowed something for the Muslims, in which case he is included among them. For example, if he endows a mosque, he may pray in it; or a graveyard, he may be buried in it; or a well for the Muslims, he may draw water from it; or a fountain, or anything that generally benefits the Muslims, so he is like any one of them. We do not know of any disagreement regarding this. It has been narrated from Uthman ibn Affan, may Allah be pleased with him, that he made the well of Ruma a public endowment (tasbil), and his bucket was in it like the buckets of the Muslims.

920 - Issue: He said: "Unless he stipulates that he may eat from it, in which case he shall have the amount he stipulates."

In summary, if the endower stipulates in the waqf that he may spend from it upon himself, the waqf and the condition are valid. Ahmad explicitly stated this. Al-Athram said: Abu Abd Allah (Ahmad) was asked: "Can he stipulate in the waqf that I spend from it upon myself and my family?" He said: "Yes." He cited as evidence: "I heard Ibn 'Uyaynah, from Ibn Tawus, from his father, from Hujr al-Madari, that in the charity (sadaqa) of the Messenger of Allah, peace be upon him, it was stipulated that his family should eat from it according to what is customary, not what is rejected." The Qadi said: "The waqf is valid, in a single narration, because Ahmad explicitly stated it in the narration of a group." This is the opinion of Ibn Abi Layla, Ibn Shubruma, Abu Yusuf, al-Zubayr, and Ibn Surayj. Malik, al-Shafi'i, and Muhammad ibn al-Hasan said: "The waqf is invalid, because it is an act of removing ownership, so it is not permissible to stipulate its benefit for oneself, like in a sale or a gift, and just as if he were to free a slave on the condition that he serve him. Also, because what he spends on himself is unknown, so stipulating it is not valid, just as if he sold something and stipulated that he may benefit from it." Our evidence is the report cited by Imam Ahmad, and because Umar...