Is a dedication of the middle of one's house as a mosque valid without explicitly mentioning the right of passage (istitraq)?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
The dedication of the middle of one's house as a mosque is valid even if the right of passage (istitraq) is not explicitly mentioned. This is based on the principle that such a dedication is a contract permitting utility, and the right of passage is inherent to its utility, similar to renting a room in a house. Therefore, it remains valid without explicit mention, just as the lease of a room does.
Supporting text
Abu Hanifa maintains that the dedication is invalid unless the right of passage is explicitly mentioned.