Section: If he designates the middle of his house as a mosque, and does not mention the right of passage, it is valid. Abu Hanifa said: It is not valid until he mentions the right of passage. Our evidence is that it is a contract that permits usage, and a necessity of this is the right of passage, so it is valid even if he does not mention the right of passage, just as if he had leased a room in his house.

Section: If he endows it upon himself, then upon the poor, or upon his offspring, there are two narrations regarding it. One of them is that it is not valid. For he said, in a narration by Abu Talib when asked about this: "I do not recognize an endowment except that which he has set forth for Allah [and in the way of Allah]. If he endows it upon himself until he dies, I do not recognize it." According to this narration, the endowment upon oneself is void. Does the endowment upon those after him become void? There are two views, based on an endowment that is interrupted at the beginning. This is the school of al-Shafi'i; because an endowment is a transfer of ownership of the corpus and the usufruct, and it is not permissible for a person to transfer ownership of himself to himself, just as it is not permissible for him to sell his own property to himself. Also, because an endowment upon oneself results in nothing more than preventing oneself from disposing of the corpus of the property, so this is not valid, just as if he singled it out by saying: "I will not sell this, nor will I give it away, nor will I bequeath it." A group reported that the endowment is valid, and Ibn Abi Musa chose this view. Ibn Aqil said: This is the more correct view. It is also the opinion of Ibn Abi Layla, Ibn Shubruma, Abu Yusuf, and Ibn Surayj; for the reason we mentioned regarding if he stipulated that some of its benefits should return to him, and because it is valid to make a general endowment and then benefit from it, similarly it is so if he specifies himself for its benefit. The first [view] is more analogous.

921- Issue: He said: (And the remainder is for those upon whom he endowed it, and his offspring, both male and female, among the children of the sons, shared equally among them, unless the endower favored some of them.)

There are four sections in this issue: