What is the ruling regarding financial liability (diyah/ارش) when the waqf incurs an injury necessitating monetary compensation?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
If the injury necessitates financial compensation (arsh), the compensation cannot be charged against the corpus of the waqf property itself because it cannot be sold. The compensation is incumbent upon the beneficiary (al-mawquf 'alayh) because the right to compensation relates to property in which they have an interest, thus falling upon the owner, similar to an umm walad (concubine's offspring). The liability of the beneficiary shall not exceed the value of the endowed property. If we hold that the waqf itself does not possess ownership, then the compensation is due from the earnings of the waqf property, as its corpus cannot be sold, similar to the rule for a free person's liability being met from his wealth. This is preferred over liability falling upon the public treasury (bayt al-mal), as the treasury covers liability only when a relative's lineage (aqilah) is absent for a slave's crime, and a slave's injury is not covered by the aqilah.
Supporting text
If the waqf is designated for the poor, the compensation should likely fall upon the earnings of the waqf property because there is no specific recipient upon whom the liability can be imposed, and it cannot attach to the corpus due to its inalienability. Alternatively, it might be ruled that it is due from the public treasury.