Conditions About Endowed Property

Rule (1139) The endowed property must be an existing substance, thus, endowing receivable loan, a property of a general nature or the benefits of some property is not valid if one says, "I endowed the loan payable to me by 'A' or I endowed a horse or the benefits of my house such endowment is not valid.

Rule (1140) The property to be endowed must be owned or things of the same rule. Thus, endowing a free person and all that is originally allowable to own before they are reserved is not valid. It is lawful to endow camels, sheep, and cows, received as ZAKAT, if the endowing person is the owner or the high authority in Sharia.

Rule (1141) It is necessary that one can benefit from the endowed property while the endowed substance remains existing. Thus, endowing perishables, like food, vegetables and fruits that can only be benefited from by consuming and destroying them, is not valid. It is also necessary that it has lawful benefits, the endowing of tools of useless activities, gambling etc., which are unlawful to benefit from is not valid. It is necessary that the benefits of endowed property are lawful, thus it is not valid to endow an animal to carry wine etc.

Rule (1142) During formation of endowment it is not necessary for the endowed substance to be possessed at such time, if one endows a runaway camel that could be captured and possession can take place later, it is considered valid.

Rule (1143) There is no objection to the validity of endowing things like cloths, utensils, carpets, houses, garden, farm-lands, books, arms and animals if they could be benefited from for riding and as load carrying animals or for their fur or wool etc., or some other lawful benefits. It is lawful to endow Dirhams and Dinars if they are used for decorating but for their given value as currency is objectionable.

Rule (1144) the benefit can be as a substance like fruits and milk etc., or benefit of work like riding ploughing or living in it etc.