What are the non-explicit (kinaya) terms that might establish a religious endowment (Waqf)?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
The non-explicit terms that may indicate a Waqf are 'Saddaqt' (I have given charity), 'Harramtu' (I have forbidden), and 'Abbadtu' (I have made perpetual). These terms are not explicit because the word 'Sadaqah' (charity) is used for Zakat and gifts, 'Tahrim' (prohibition) is used for self-prohibition (Zihar) and oaths, and 'Ta'bid' (perpetuity) can imply perpetual prohibition or perpetual endowment. Since these terms lack established usage specifically for Waqf, they do not establish it on their own, similar to the non-explicit terms in divorce.
Supporting text
The utterance of a non-explicit term establishes the Waqf if it is accompanied by one of three conditions: 1) An addition of another term that clarifies the intent, such as saying 'endowed charity' (Sadaqah mawqufah) or 'perpetually dedicated' (mu'abbadah). 2) Describing the property with characteristics specific to Waqf, such as stating, 'It shall not be sold, gifted, or inherited,' as this context removes ambiguity. 3) If the speaker explicitly intends (niyyah) it to be a Waqf, which establishes the ruling inwardly. However, if the speaker denies the intent of Waqf outwardly, their statement prevails because intention is internal and not apparent.