Is the dedication of gold and silver jewelry valid?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
The dedication of jewelry made from gold and silver is valid for wearing (Lubs) and lending (U'riyah), provided it is not intended as currency (Dinar or Dirham) that is consumed by use. This is supported by the narration of Nafi' that Hafsa purchased jewelry for twenty thousand and dedicated it to the women of the Khattab family, and she never paid Zakat on it. The validity stems from the fact that jewelry is an object whose benefit can be derived while it perpetually remains, similar to real estate. Moreover, its principal asset can be retained while its yield is distributed as permissible, which allows for valid dedication like real estate. This view is held by Al-Shafi'i.
Supporting text
A narration from Ahmad indicates that dedication of jewelry is invalid, and he questioned the authenticity of the Hadith concerning Hafsa's dedication. One interpretation supporting this view is that ornamentation is not the primary objective of currency, thus invalidating its dedication, analogous to dedicating Dinars and Dirhams. However, the established view (Al-Madhab) asserts validity because ornamentation is a significant objective commonly practiced and recognized by Sharia when waiving Zakat for the wearer, and renting it is permitted. This contrasts with un-ornamented Dirhams and Dinars, as ornamentation was not the customary use, nor was it considered by Sharia in waiving their Zakat, nor is the guarantee of their use upon usurpation considered, unlike the case of jewelry.