Is a dedication (Waqf) valid if the dedication is first made to the dedicator himself, then to the poor, or to his children?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
There are two narrations concerning this issue. According to one narration, transmitted by Abu Talib, the dedication is invalid. This view holds that a dedication must be a dedication made for the sake of Allah or in the path of Allah, and dedicating it to oneself until death is not recognized. Based on this narration, the initial dedication to the self is void. There are two views on whether this invalidates the subsequent dedication to others, based on the principle of a dedication disconnected at its inception. This perspective aligns with the position of Al-Shafi'i, as dedication involves transferring ownership of the corpus and usufruct; a person cannot transfer ownership to himself, just as he cannot sell his property to himself. Furthermore, dedicating to oneself effectively restricts the self's disposition over the ownership, which is deemed invalid.
Supporting text
A group transmitted that the dedication is valid, a position chosen by Ibn Abi Musa and considered sounder by Ibn Aqil. This is also the opinion of Ibn Abi Layla, Ibn Shibirmah, Abu Yusuf, and Ibn Surayj. The reasoning supports validity when conditions are attached, such as reserving some usufruct for the dedicator, or because it is valid for the dedicator to establish a general endowment from which he benefits, thus establishing a specific benefit for himself is similarly permissible, although the former view is considered more analogous (aqyas).