Is acceptance (Qabul) required for the validity of a perpetual endowment (Waqf) concerning the beneficiary?

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the endowment is designated for a non-specific recipient, such as the poor (al-masakin) or structures like mosques and bridges (al-qanatir), it is not required to have acceptance. The opinion supporting the non-requirement of acceptance argues that Waqf is a type of property divestment that prohibits sale, gift, or inheritance, thus not necessitating acceptance, analogous to manumission (i'taq). Furthermore, Waqf does not exclusively benefit a specific individual but establishes a right for future generations consecutively, making it similar to an endowment for the poor, which is not invalidated by one beneficiary's rejection, nor does it depend on their acceptance. This view is the established position of Al-Shafi'i.

Supporting text

An alternative view mandates acceptance if the Waqf is specified for a determined individual. This is because it is a voluntary gift to a specific person, similar to a gift (Hiba) or a bequest (Wasiyyah) made to an ascertained individual, both of which require acceptance. If acceptance is required and the designated individual rejects the Waqf, it becomes void regarding their right, resembling a Waqf with an interrupted commencement.