Is it valid for the founder of a Waqf to stipulate financial benefit for themselves or their family from the endowment?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
The Waqf remains valid if the founder stipulates that a portion of the endowment's revenue be used for their own maintenance or that of their family. Ahmad affirmed this, citing the precedent of the Prophet's Sadaqah (charity), where his family was permitted to eat from it justly. This view is supported by Umar ibn Al-Khattab's stipulation regarding the overseer of his endowment that he could eat or feed a friend without extravagance. This right extends to the founder's heirs if the benefit was stipulated for a specific period and the founder died during it.
Supporting text
Malik, Al-Shafi'i, and Muhammad ibn Al-Hasan hold that such a stipulation invalidates the Waqf because it constitutes an imposition of benefit on the property after removing ownership, akin to conditions in sales or gifts, or if one frees a slave contingent upon personal service. They also argue that the amount spent on sustenance is indeterminate and thus invalid to stipulate.