The Book Of Endowment (Waqaf )

It means reserving the original and making the benefits charitable.

Rule (1100) For the formation of a unilateral contract of endowment only having the intention of doing so is not enough, it is necessary to create such contract by words, like, "I made it an endowment, restricted it to be used for A, B, and 'C' purposes, etc, any such expressions that indicate one's intention.

Rule (1101) Apparently, such contract can also be formed by means of just give and take deals like giving some furniture or things to the supervisor of mosque or a shrine to be used therein etc., in fact, it can even take place by deeds without any give or take, like building or repairing some part of a mosque, if such donator dies his donation does not go to his heirs as part of his legacy only because he had not formally created unilateral contract.

Rule (1102) Sometimes the beneficiaries of endowment are specified and sometimes it is only the tittle like a mosque in which beneficiaries are not specified by the donator, thus, such endowment has no beneficiary in the formal sense.

Rule (1103) If the donator has a certain kind of benefit in mind like prayer and recitations etc., like other forms of worship acts and says, "I make this place an endowment property for worshippers or reciters etc.n, such place does not become a mosque and the rules of mosque do not apply to it, it only becomes and endowment for prayer etc., thus, it is an endowment of the kind of specified beneficiaries in which the donator has given due consideration to beneficiaries, thus, it is of the first category of endowment which has the following forms. (A) That the benefits of the endowment go to the beneficiaries and it becomes their property like one's saying," I make it an endowment and the profits whereof will become the property of my children or this garden is an endowment for my children so that the fruits will be their's, profits and fruits will be their property like their other properties which they can give in exchange for other property and their heirs can inherit and they will be liable for possible liability that may emerge from such properties and each one must pay Zakat if each one's share has reached the standard quantity for payable of Zakat. (B) That the benefits go to beneficiaries but not as their own property, thus, the beneficiaries cannot exchange their share in selling etc., and there is no Zakat on them even if it is standard quantity and no one can inherit if the beneficiaries die before spending the benefits but the benefits could make one liable when reason for liability is present and this (B) section is of two kinds:(A) That the benefits specifically and directly are spent in favor of beneficiaries like saying, "I make this tree an endowment and my children will use its fruits, in such a case, even the guardian is not permitted to change or exchange, he spends only the fruits there-of on them so they eat. (B) That benefits are intended to be spent in a general sense either in substance or its value like saying, "this garden is endowed for my children, the benefits, therefrom, will be spent for them either in substance or the produce of the garden or they are exchanged for other food materials and other things needed. (C) That the donator intends the endowment to be benefited from by the beneficiaries themselves, like public guest houses, schools books, text-books, prayer books etc.

Rule (1104) However, apparently, in all kinds of endowment contract acceptance is not required although according to precautionary rule (it), acceptance, should exist, especially when the endowment allows the beneficiaries to own the benefits, regardless, it is the beneficiaries like scholars or particular beneficiaries like donator's own children, in the first case, the high authority undertakes the acceptance role and in the second case the first generation of the beneficiaries do it.

Rule (1105) Apparently, for the validity of an endowment contract having an intention of seeking thereby nearness to God is not necessary especially when the beneficiaries are donator's offsprings.

Rule~ (1106) For the validity of endowment taking possession is necessary by the beneficiary, his agent or guardian; if the beneficiary dies before taking possession it becomes void. It is not necessary to immediately take possession and the necessity for the permission of donator to take possession is objectionable.

Rule (1107) To establish possession when endowment is for off-spring undertaking of this task by the first generation is enough.

Rule (1108) If endowment is for one's minor offsprings and the children of his children and the substance is in his hands, this is enough for establishing possession and it is not necessary to have another possession. If the substance is in someone other than the guardian's hands, it is necessary that the guardian takes possession for the children.

Rule (1108)~ If the endowed substance is already in the hands of the beneficiary this is enough for establishing possession and no other possession taking is needed.

Rule (1110) In the case of immovable properties endowed, it is enough that the donator makes it available for the beneficiaries.

Rule (1111) For the validity of endowment for the beneficiaries of a general nature to consider taking possession as a necessary condition is objectionable it is very possible that it is not required specially when the donator intends to keep it in his own hands and deal with it according to requirements of its endowment contract.

Rule (1112) In case taking possession is required in the endowment for beneficiaries of a general nature, apparently, it is not necessary that high authority in Shari'a take possession if one's land is endowed to be used as graves, burying therein is enough for taking possession, if it is for prayer to pray therein is enough and if it is for Hussaynia for commemorating Imam Hussayn's Martyrdom it is enough to hold services therein; the same rule applies to general guest-house, houses for scholars and the needy to start being therein is enough for taking possession.

Rule (1113) If a mat is endowed for a mosque placing it therein is enough for taking and giving possession, the same rule applies to furniture for shrines, places of worship and mosques etc, apparently, to place them therein to be used is enough for possession.

Rule (1114) If one side of the mosque, a shrine's etc., wall is damaged and someone repairs it, apparently, it becomes part of endowment even if no one formally takes possession, and if the constructor dies it does not become the legacy for his heirs as mentioned before.

Rule (1115) If it is endowed for s)ones grown-up off-springs and one of them takes possession it is valid in his share not for the shares of others.

Rule (1116) There is a tradition among some Arab people of endowing some of their cattle in such a way that the males born of such cattle are to be slaughtered and females kept for other benefits and so also the next generation, if such endowment is in order for their people suffering from illness to get well or for such other similar reasons the endowment is void. Even if the endowment is actually currently in use, not expected to come in use in future, still it is void because if the female is owned by the donator its product male to be born cannot become endowment because the contract of endowment for a non-existing property is void and if it is no more than the property of the donator its benefits cannot belong to donator or his heirs.

Rule (1117) It is not lawful to get time limit for an endowment, if one says," My house is endowed for my children for ten or twenty years,~ it is void and, apparently, to keep it as reserved for them as such also is void.

Rule (1118) If the beneficiaries at some point would no more exist like one's endowing for his children and the children of their children who may cease to exist the endowment is valid. If the above case takes place, the endowment goes to the heirs of donator at the time of his death not the heirs at the time of the beneficiaries cessation. If the endowing person dies with two children surviving and one of them dies before cessation of beneficiaries the endowed property belongs to uncle and the sons of his brother.

Rule (1119) In the above case it does not matter the cessation is a rare case or takes place often. To this there is one exception: if there are signs that if the donator had in mind certain conditions to exist in the beneficiaries in the absence of which the endowment would still remain charitable in this case it will not go to the heirs it remains endowment property and its benefits are spent to the nearest possible deserving beneficiary.

Rule (1120) If one endows a substance with a condition that it is returned to him whenever needed, there are two views about its validity according to the more clear one, it is void.

Rule (1121) For the validity of the endowment it is necessary to make it effectual; if it is conditional with some future matter that is known to take place, probable to take place or with the matter presently probable to happen and if the endowment contract does not depend on such matter for its validity the contract is void like if one says that my house is endowed if the beginning of the month comes, if a boy is born for me or if today is Friday, the contract is void if it is linked with a matter known to happen presently or unknown to happen but the validity of contract would depend on it like if one says," I endowed my house if you are 'A' or I endowed my house if it is mine the contract in valid.

Rule (1122) If one says, "this is endowed after my death it is void except if common understanding would prove that he meant it to be a will for endowment, it is necessary to execute it when the condition required exists and it is endowed consequently.

Rule (1123) It is necessary for the validity of endowment that donator does not make himself a beneficiary, if one says, " my house is endowed for 'A' and myself " it is void; if it is meant to be as partners but if it is meant to be in sequence like first for one's self and then for 'A' the contract is cut from the beginning and it is void altogether but if it is meant to be first for 'A' and then for his own it is void for his own only and it is cut at the end. If he says it is endowed for my brother then for myself then for 'A' it is void for his own and 'A' and it is of a kind cut at the middle.

Rule (1125) If one endows for his neighbors with the condition that they feed his guests or pay the expenses of his relatives, children and wife it is valid if the condition requires to pay the expenses of his wife which are his obligation it is valid, in fact, apparently, it is valid even if he asks them to pay from the benefits of the endowment.

Rule (1126) If one endows some of his property so that his debts common and religious dues be paid from it after his death its validity is objectionable, apparently, it is void, the same rule applies if he wants to pay for his worships to be done after his death.

Rule (1127) If the donator wants, (call him 'A') to be free of the objection of endowing for one's own self he, 'A' can let another person to own the property to be endowed and then 'B' endows it in favor of the original donator A with all conditions and details he, 'A' wants to exist. 'A' can also set a condition with 'B' that would require him, 'B', to do what he, 'A' wants 'B' to do or even hire him, 'B' for a certain time and set a provision in the agreement that gives him, 'A' to annul the contract of hiring and after endowment is formed, annul the contract of hiring, thus, the benefits go to him, 'A', not to beneficiaries, in fact, it also is very possible to endow the substance and let the benefits go to donator as his property for a certain time a year or unknown time like for one's lifetime.

Rule (1128) the donator can benefit from the substance of endowed property like mosques, bridges, schools, public guest-houses, text-books, prayer-books, wells and springs etc., in which the benefit is not assigned to a specific title related to beneficiaries but is for a general cause that includes the donator also but if the endowment is in a different manner from what already mentioned despite the generality of the beneficiaries title the legality of benefiting of donator is objectionable but, apparently, his benefiting is lawful.