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Is this a valid document as per sharia and will it take this wealth donated out of the inheritance?


Salam Aga
Please see the draft paper for making waqf/hiba /gift. Is this a valid document as per sharia and will it take this wealth donated out of the inheritance?
The reason for asking is that there is a condition for benefit to self in case of illness ..
Thank you

Waqf made by

I hereby waqf my xyz asset and nnn amount for the purposes below;
Tulaba welfare in najaf
Education Aid india
Widow aid

This amount now belongs to xyz aid organization and can be used by trustees of xyz organization at their discretion for above purposes only.

Until I am alive ,In case of any personal emergency like eg ill health of self or family , for which I don’t have sufficient money., xyz organization undertake to pay the cost for the same upto the amount of waqf made., from any of the trust sources.

Abc. Trustees. Alim witness



Wa Alaykum al-Salam Brother.

Thank you for your question.

“Hiba” in general is defined as handing over a possession in whose exchange nothing of similar value (may be some amount of money.) is offered and from among its referents are granting, gifting, charity. This type of transaction also has two parties, which are “Giver and Receiver”

-What is required from the Giver’s side is to express his willingness, that can be in words, action or an indication. There is no specific statement “Sigha” nor it has to be stated in Arabic.

-What is required out of Receiver is to express his acceptance. That can be trough words, action or similar to it.

On the other hand, Waqf is different to Hiba. Waqf According to Sayyid Sistani (d)’s Ruling 2693: If a person endows some property, it no longer belongs to him. Neither he nor anyone else can gift or sell the item, nor can anyone inherit it. However, in some cases, which are mentioned in Rulings 2104 and 2105, there is no problem in selling it.

further more, Ruling 2701. If a person endows something to himself – for example, he endows a shop to himself so that after his death the income from it would be spent on paying off his debts or to hire someone to perform his lapsed (qaḍāʾ) ritual acts of worship (ʿibādāt) – then such an endowment is not valid. However, if he, for example, endows a house to accommodate poor people (fuqarāʾ) and he himself becomes poor, he can reside in that house. But if he endows the property so that its rental income is to be distributed among the poor and he himself becomes poor, then for him to take from the rental income is problematic [i.e. based on obligatory precaution (al-iḥtiyāṭ al-wājib), he must not take from it].


As per the Office of His Eminence al-Sayyid al-Sistany(d) one of the conditions to this “Waqf” is that, one can not return the entire property to oneself after it is given in the way of Allah (az). However, The waqf giver can keep the condition to be helped when required. eg: for medical support…

Iltimase Dua.