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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 8 · Page 192Section

Translation · EN

may Allah be pleased with him, when he made his endowment, said: "There is no blame upon the one who manages it if he eats from it or feeds a friend, provided he does not seek to amass wealth from it." The endowment remained in his possession until he died. Also, because when he makes a general endowment, such as mosques, fountains, hospices, and graveyards, he is permitted to benefit from it, so it is the same here. There is no difference between stipulating for himself the benefit of it for his lifetime or for a known, specified period, and it is the same whether he estimates what he eats from it or leaves it unrestricted; for Umar, may Allah be pleased with him, did not estimate what the manager eats or feeds, except for his statement: "According to what is customary." In the hadith of the charity 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. However, if he stipulates that he may benefit from it for a specified period and then dies within it, it is appropriate that this should pass to his heirs, just as if he sold a house and stipulated that he may reside in it for a year, then died during that period. And Allah knows best.

Section: If he stipulates that his family may eat from it, the endowment and the condition are valid, because the Prophet, peace be upon him, stipulated that in his charity. If he stipulates that whoever manages it may eat from it and feed a friend, it is permissible, because Umar, may Allah be pleased with him, stipulated that in his charity, regarding which he consulted the Messenger of Allah, peace be upon him. If the endower manages it, he may eat and feed a friend, because Umar managed his own charity. If one of his family members manages it, he may do so, because Hafsa bint Umar managed his charity after his death, then Abdullah ibn Umar managed it after her.

Section: If he stipulates that he may sell it whenever he wishes, or give it away, or retract it, the condition is invalid, as is the endowment. We do not know of any disagreement regarding this, because it contradicts the requirement of an endowment. It is possible that the condition is void while the endowment remains valid, based on [the ruling regarding] corrupt conditions in a sale. If he stipulates an option (khiyar) in the endowment, it is void. Ahmad explicitly stated this. Al-Shafi'i also held this view. Abu Yusuf said, in one narration from him: It is valid; because the endowment is the transfer of ownership of benefits, so it is permissible to stipulate an option in it, like in a lease. Our evidence is that it is...

Notes

(1) Previously mentioned on page 184.

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