Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

Likewise, if a wakîl (deputy, proxy) causes loss because he has not
observed the conditions stipulated by his principal, he will have to
indemnify for the loss. The mutawallî, according to Imâm Abû
Yûsuf ‘rahmatullâhi ta’âlâ ’alaih’, is the wakîl (deputy) of the
principal of the waqf, (i.e. person who has devoted the property as
a waqf.) According to Imâm Muhammad ‘rahmatullâhi ta’âlâ
’alaih’, on the other hand, he is the wakîl of the poor. If an amount
of money that has been devoted as a waqf without stipulating the
condition that it should be kept at a certain place perishes in a fire
as it is being kept in the mutawallî’s house, the mutawallî will not
have to pay for it. As the mutawallî of a shop that is a waqf rents
it out for its (normal current price termed) ejr-i-mithl, if he charges
the tenant an extra payment in the name of jâiza, i.e. goodwill
money, the tenant is entitled to get that money back. If waqf
money is extorted from the mutawallî by brigands, the mutawallî
will not (have to) compensate for it. The same rule applies with
property given into safekeeping and termed vedî’a. If the
mutawallî appoints someone his deputy to collect the rental of a
waqf and the deputy collects the money and spends it for his
personal needs, the indemnity will devolve not on the mutawallî,
but on that deputy. The qâdî, (i.e. judge of a court of law,) cannot
introduce a duty that has not been stipulated as a condition for a
waqf. For instance, if there already is a muazzin serving in a
mosque that is a waqf, he cannot award another diploma for a
second muazzin. If (a person named, say,) Zayd serves as a
mutawallî for a certain waqf for a few years, it will be permissible
when the qâdî checks the accounts of those years, accepts them,
and endorses them. Anyone who entertains doubts may demand
an explanation. The nâzir (superintendent) of a waqf cannot take
on also the duty of a mutawallî (trustee). A mutawallî appointed
by the principal of the waqf manages the waqf under the
knowledge of the nâzir.”
It is stated as follows in Ibni ’Âbidîn: “There is a widely known
saying that goes, ‘The shart-i-wâqif is identical with the nass-ishâri’
’. It means: The qâdî cannot issue a judgment counter to the
conditions stipulated by the wâqif; everyone has to observe those
conditions. There are seven exceptional conditions. The qâdî may
change those seven conditions. For instance, it is wâjib for the qâdî
to dismiss a treacherous mutawallî or nâzir.”
A passage translated from the book Durr-us-suqûq: “At the
Mejlis-i-shar’i sherîf (Blessed Council of Islamic Matters)
convened in Selânik (Thessalonike) ’Abd-ur-Rahmân Begh
– 475 –