Is the dedication of an item legally prohibited from being sold valid?

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 3 · Bab 1

Open in Qurani

Primary text

The dedication of property that is impermissible to sell is invalid. This includes an Ummu Walad (a female slave who has borne her master's child), mortgaged property, dogs, pigs, other savage beasts unsuitable for hunting, and birds of prey not used for hunting. This is because dedicating such an item constitutes a transfer of ownership during the owner's lifetime, which is akin to a sale. Furthermore, Waqf requires retention of the principal asset and perpetual enjoyment of its usufruct; if there is no legitimate usufruct, the perpetual enjoyment cannot be established. For dogs, while limited use is permitted due to necessity, the legal scope should not be expanded to include dedication.

Supporting text

The dedication of mortgaged property is invalid because it entails nullifying the right of the mortgagee, which is impermissible.