Is dedication valid for consumable or usable items that are destroyed upon use?

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 2 · Bab 1

Open in Qurani

Primary text

The dedication of items that cannot be benefited from while preserving their substance, such as Dinars (gold coins), Dirhams (silver coins), foodstuffs, beverages, and wax, is not permissible according to the general opinion of the jurists and scholars of knowledge. This ruling is based on the principle that dedication requires retaining the original asset (Tahbis al-Asl) while making the yield permissible (Tasbil al-Thamar). Items whose benefit necessarily involves their destruction do not allow for this structure.

Supporting text

A narration attributed to Malik and Al-Awza'i suggests that the dedication of food is permissible, though this view is not upheld by Malik's companions and is deemed incorrect. Regarding Dirhams and Dinars, some permitted their dedication based on the permissibility of renting them, but this is rejected because the intended purpose for which money was created is not the rent derived from it; consequently, its value is not guaranteed in cases of usurpation, rendering dedication for such use invalid, similar to dedicating trees for spreading clothes or cattle for treading clay.