Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

eing in the possession of the mutawallî; that (remaining) money
cannot be spent for the needs of another mosque even if it
belongs to the same wâqif, (i.e. person who has devoted the
money as a waqf.)”
It is stated as follows in Fatâwâ-i-Fayziyya: “If a living person
devotes his house as a waqf on the understanding that his wife will
(be allowed to) live in it and after her death the rental of the house
will be dispensed to poor inhabitants of Medîna-i-munawwara,
and then dies after having delivered the (ownership of the) house
to the mutawallî (of the waqf) and having it inscribed in the rolls
of a court of law, his inheritors cannot get that waqf revoked. If a
person devotes his house as a waqf on the understanding that it
will be sold and the money obtained thereby will be dispensed to
the poor, a waqf of that nature is not permissible; it is bâtil. For, it
is not sahîh to sell property that is a waqf. A person who says, “I
have devoted my property as a waqf,” may recant before having
had his devotion inscribed in the rolls of a court of law. Once he
has had it inscribed, he can no longer go back on it. If a person
devotes someone’s debt to him as a waqf to be used for a certain
purpose, [i.e. at a certain place,] and then dies before having
received the money (that that person owes to him), his inheritors
may have that waqf annulled. If a person devotes his house as a
waqf on the understanding that the house will be rented out and
money obtained thereby will be given only to, say, Ahmad, one of
his sons, nothing will be given to his other sons. Supposing a
person who is the mutawallî of a certain amount of money devoted
as a waqf invests the money in silent (sleeping) partnerships by
giving it as a capital to tradesmen or artisans and for a few years
gets only the profit of the money and meets with it the
expenditures of the waqf and thereafter he is substituted by
another mutawallî, and supposing thereafter the tradesmen go
bankrupt or abscond with the money; the new mutawallî cannot
have his predecessor pay an indemnity for the capital lost. If the
mutawallî of waqf money lends the money to tradesmen as a
formality loan and thereafter he is dismissed from office, the
tradesmen will have to return the money in case the new mutawallî
demands it. Supposing an amount of money is devoted as a waqf
on the understanding that it will be lent as a formality loan on the
condition that a rahn (security) will be taken and kept, and yet the
mutawallî of the money lends it without security and thereafter the
borrower goes bankrupt and dies and consequently the money is
not returned; in that case the mutawallî will have to pay for it.
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