What is the ruling regarding the binding nature of an established endowment (Waqf)?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
The majority of early and later scholars hold the position that the Waqf is legally binding upon its establishment. This is evidenced by the Prophet's statement to Umar that the origin of the endowment 'cannot be sold, bought, gifted, or inherited.' Al-Tirmidhi affirmed that scholars among the Companions and others acted upon this Hadith, with no known dispute among the early predecessors.
Supporting text
Abu Hanifa held that the Waqf is not binding solely by the statement of the endower; the endower retains the right to revoke it unless he wills it as a bequest upon his death, in which case it becomes binding, or if a judge rules for its binding nature. Some attributed this view to Ali, Ibn Mas'ud, and Ibn Abbas. However, his two companions (Abu Yusuf and Muhammad al-Shaybani) held the view of the rest of the scholars.