Does establishing a perpetual endowment (*waqf*) for someone break an oath sworn against giving a gift?
General Chapter
Al-Mughni
Book of Oaths
Primary text
If a person swears not to give a gift and subsequently establishes an endowment for that person, there is a possibility the oath is not broken because, in one narration, the endowed property is not strictly considered owned (by the recipient in the same manner as a gift).
Supporting text
Abu Al-Khaṭṭāb holds that the oath is broken because the establishment of the endowment constitutes a gratuitous transfer of property to the person during life.