Ruling 2696

An endower (wāqif) of some property must endow it forever from the moment he makes the charitable endowment. Therefore, if, for example, he says, ‘This property is to be a charitable endowment after my death’, it is not valid because it is not an endowment from the moment he says the formula until his death. Similarly, if he says, ‘This is a charitable endowment for ten years but not after that’, or if he says, ‘This is a charitable endowment for ten years; after that, it will not be a charitable endowment for five years, and after that, it will be a charitable endowment again’, the endowment is not valid. However, in this case, if he makes the intention of a bequest (ḥubs),³ then a bequest is realised.

³ There are two main differences between a ‘bequest’ and a ‘charitable endowment’: firstly, in a bequest, the bequeathed property still belongs to the person who made the bequest, whereas in a charitable endowment, the endowed property no longer belongs to the person who made the endowment. Secondly, a bequest can be made for a temporary period, whereas a charitable endowment must be made forever.