What is the ruling regarding a beneficiary (Mawquf 'alayhi) of endowed land (Waqf) settling to conduct water through a channel?

Primary text

The ruling, according to Al-Qadi (the Judge), is that the beneficiary is treated like a tenant; he may settle for conducting water through an already dug channel for a specified term, but he cannot have a new channel dug because he does not own the land, only its usufruct, similar to leased land. However, the preferred opinion is that the beneficiary is permitted to dig the channel because the land belongs to him, and he may dispose of it as he wishes, provided he does not transfer ownership, unlike the tenant who is restricted by permission. Thus, the beneficiary is closer to a tenant who has been granted permission to dig.