Does the establishment of a Waqf (endowment) require explicit verbal declaration?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
The apparent position of Ahmad is that a Waqf is established through action accompanied by indicative evidence, such as building a mosque and allowing prayer within it, establishing a graveyard with permission for burial, or building a public water trough with permission to use it. In such cases, the founder cannot revoke the endowment. This view is also held by Abu Hanifa. The evidence supporting establishment through action and intent is derived from instances where the founder, having established a physical boundary for a purpose (like a graveyard) while inwardly intending it for God, is prohibited from revoking it, as this intent coupled with action solidifies the dedication.
Supporting text
A secondary narration attributed to Ahmad, adopted by Al-Qadi, suggests that a Waqf is not valid unless accompanied by a verbal declaration. This view is also the position of Al-Shafi'i. An alternative opinion suggests that mere enclosure with intent is insufficient without the verbal declaration, though this does not necessarily contradict the primary view if the primary view requires accompanying actions like granting public access.