Is stipulating an option (Khiyār) for cancellation in a Waqf contract permissible?

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 6 · Bab 1

Open in Qurani

Primary text

Stipulating an option for cancellation (Khiyār) in a Waqf contract invalidates the contract. Ahmad stated this ruling, which is also the view of Al-Shafi'i. This is because a condition that nullifies the contract's required effect is invalid, similar to stipulating the right to sell at will. Furthermore, since a Waqf involves transferring ownership to God, stipulating an option therein is invalid, similar to manumission (Citim). It also differs from lease agreements, which are transactional contracts allowing for options.

Supporting text

Abu Yusuf narrated a view that the Waqf remains valid despite the void condition, reasoning that since Waqf involves transferring usufruct, an option should be permissible, similar to a lease agreement.