Does ownership of a consecrated endowment (Waqf) property revert to the founder upon the fulfillment of its purpose?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
Ownership of the endowed property is deemed extinguished from the founder, their descendants, and ultimately assigned to the poor. This view is held as the correct position (*Sahih*) within the Hanbali school, is the well-known position of the Shafi'i school, and is the position of Abu Hanifa. The evidence cited by the proponents of this view is that the act of endowment is a cause that removes control over the principal property (*raqabah*) and its benefit (*manfa'ah*), thereby extinguishing ownership, similar to manumission (emancipation). Furthermore, if ownership remained with the founder, its value would revert to them upon termination, as in absolute ownership, which does not happen with an endowment.
Supporting text
The alternative view, held by Ahmad and Malik, and narrated as a position for Shafi'i, is that the founder's ownership does not terminate. This position is supported by the saying of the Prophet, peace be upon him: "Retain the principal and distribute the fruit." This saying is interpreted to mean the property is held (*mahbus*) such that it cannot be sold, gifted, or inherited.