It should be given as charity. I hold that he drew an analogy to the covering of the Ka'bah; when it became worn out, it was given as charity. He said in another instance: 'Shaybah used to give the worn-out coverings of the Ka'bah as charity.' Al-Khallal narrated with his chain of transmission from Alqamah, from his mother, that Shaybah ibn Uthman al-Hajabi came to Aisha, may Allah be pleased with her, and said: 'O Mother of the Believers, the coverings of the Ka'bah increase [in number], so we remove them and dig wells for them to bury them in, so that they are not worn by a menstruating woman or a person in a state of major ritual impurity (junub).' Aisha said: 'What a bad thing you have done! You have not been correct. For the coverings of the Ka'bah, when they are removed, it does not harm whoever wears them, whether a menstruating woman or a person in a state of major ritual impurity. However, if you were to sell them and place their price in the cause of Allah and for the poor [it would be better].' Thus, Shaybah used to send them to Yemen, where they would be sold, and he would place their proceeds where Aisha had instructed him. This is an event that became widespread and was not objected to, so it constitutes a consensus (ijma'). This is also because it is the property of Allah the Exalted, and no [specified] beneficiary remains for it, so it is spent on the poor, like an interrupted endowment.

A section: If the endowed person (waqf) commits a crime that requires retaliation (qisas), it becomes obligatory, regardless of whether the crime was against the beneficiary of the endowment or someone else. If he is killed, the endowment regarding him is voided. If he is maimed, the remainder remains an endowment, just as if it were destroyed by an act of Allah the Exalted. If the crime is one that requires compensation (maliyah), it is not possible to attach it to his person, because it cannot be sold. The indemnity (arsh) for the crime must be paid by the beneficiary of the endowment, because it is his property and its indemnity is attached to his person; thus, it is upon its owner, like a child-bearing slave (umm al-walad). He is not obligated to pay more than its value, as with a child-bearing slave. If we say: 'The endowment is not owned,' then the indemnity is from its earnings, because it is impossible to attach it to his person as it cannot be sold, and it cannot be attached to the beneficiary of the endowment because he does not own it; thus, it is from its earnings, like a free person whose debts are paid from his own wealth. It is possible that it falls upon the Public Treasury (Bayt al-Mal), like the indemnity for a crime committed by a destitute free person. This is a very weak position, for the crime only falls upon the Public Treasury in a case that the agnates (aqilah) would bear, yet the agnates do not bear the crime of a slave. If the endowment is for the poor, it should be paid from its earnings, because there is no specific person entitled to it upon whom the indemnity can be imposed, and it cannot be attached to his person due to the impossibility of selling it, so it is definitively to be paid from its earnings. It is also possible that it is obligatory upon the Public Treasury.