Nasai

(1) There is no obligation of zakah on waqf (endowment); rather, those for whom the waqf is designated may benefit from it, even if they are wealthy.

(2) "Relatives"—it is possible that by this is meant the relatives of Umar radi Allahu anhu, or the relatives of the Messenger of Allah sallallahu alayhi wa sallam, i.e., the Ahl al-Bayt.

(3) "Administrator"—the administrator (nazim) of the waqf may take a salary from the waqf in accordance with his responsibilities, which is expressed in the hadith by the word "ma‘ruf" (customary/appropriate). The administrator's hand should not be unrestricted in the waqf, otherwise the way to corruption may be opened.

Hadith Commentary:
In this narration, it is not mentioned that Umar (radi Allahu anhu) had these conditions of the endowment (waqf) written down, but Imam Bukhari (rahimahullah) has alluded to the narration which Abu Dawud has recorded.
In that narration, it is stated that Umar (radi Allahu anhu) had these conditions written down by the pen of Mu’ayqib, in which it was stipulated that the original property could not be sold or gifted; this is what is called waqf (endowment).
Both the wealthy and the needy among the relatives were included, thus fulfilling the purpose of the chapter (Wahidi).
This incident of Umar (radi Allahu anhu) relates to the year 7 AH.
In the beginning, he appointed Hafsah (radi Allahu anha), the Mother of the Believers, as its administrator (mutawalli), and it was written: “This is what Abdullah Umar, the Commander of the Faithful, has written regarding Thamgh: that it is to Hafsah as long as she lives; she may spend its yield wherever Allah shows her. If she passes away, then to those of sound judgment among her family.” The text of the endowment document was written by Mu’ayqib, and the witness was Abdullah bin Arqam.
In the blessed era of the Prophet (sallallahu alayhi wa sallam), this was a verbal endowment (waqf); later, during the caliphate of Umar (radi Allahu anhu), he had it formally documented (Fath al-Bari).

Hadith Commentary:
(1)
Although the writing of a waqf (endowment) deed is not mentioned in this narration, Imam Bukhari rahimahullah has alluded to a narration which Imam Abu Dawud rahimahullah has transmitted, that Umar radi Allahu anhu had a document prepared through Mu'iqeeb radi Allahu anhu with these words: "No one will be able to sell or gift the original property." (Sunan Abi Dawud, Al-Wasaya, Hadith: 2879) In the blessed era of the Messenger of Allah sallallahu alayhi wa sallam, this waqf was verbal, then during his (Umar's) period of rule, he had it formally written down. (Fath al-Bari: 5/491)
(2)
It is better that the waqf deed be written and officially registered with the government so that it does not become a cause for any kind of dispute in the future. Verbal declaration can lead to conflict among heirs, therefore a document should be prepared and testimony written upon it.

Hadith Commentary:
The correspondence between the hadith and the chapter is evident: a waqif (endower) can stipulate conditions for his endowment in whatever manner he wishes, as is detailed here in the conditions set by Umar radi Allahu anhu. This hadith also shows that the waqif, under the conditions he has stipulated, can retain his personal ownership over his waqf, and it is also established that the mutawalli (administrator) of the waqf, acting in good faith and according to custom, may take his own expenses from it.

In this waqf document, one of the categories of expenditure mentioned is "fi sabilillah" (in the way of Allah).
By this, assistance to the mujahideen is intended, as well as all those activities through which the propagation and dissemination of Allah’s religion takes place, such as Islamic schools (madaris), missionary organizations, etc.

In the language, "waqf" means to withhold. It is said: "I made such-and-such waqf" (without an alif, according to the most eloquent usage), meaning I withheld it. In the Shariah, it is to withhold ownership in the way of Allah Ta’ala for the poor and travelers, so that its benefits are spent on them while its principal remains in the ownership of the waqif. Its explicit terms are: "I made it waqf," "I withheld it," "I dedicated it," "I made it perpetual"—these are its explicit terms. As for indirect expressions, such as "I gave it in charity," there is a difference of opinion regarding the term "I made its benefits unlawful for myself": some have considered it an explicit term for waqf, while others have not. (Nayl al-Awtar)

That is, the literal meaning of waqf is to withhold; it is said, "I made it waqf," meaning I withheld it, I made it stationary. In the Shariah, it is to withhold one’s property in the way of Allah, to dedicate it so that its benefits are spent on the poor and travelers, while its principal remains in the ownership of the waqif. For the validity of waqf, explicit terms such as "I made it waqf," "I withheld it," etc., are sufficient.
As an indirect expression, it is also valid to say, "I gave it in charity."
Regarding the term "I made its benefits unlawful for myself," some have considered it an explicit term for waqf, while others have not.

Regarding the hadith of Umar ibn al-Khattab radi Allahu anhu, Imam Shawkani rahimahullah says:
And in the hadith are benefits, among them the establishment of the validity of the original concept of waqf. Al-Nawawi said: "This is our madhhab," meaning the Imams of the Shafi‘iyyah, and it is also the madhhab of the majority. The consensus of the Muslims on the validity of the waqf of mosques and water sources is also evidence for this. Among its benefits is the virtue of spending from what one loves, and among them is the manifest virtue of Umar radi Allahu anhu, and among them is consulting people of virtue and righteousness in matters and ways of goodness, and among them is the virtue of maintaining family ties and making waqf for relatives.
And Allah knows best. (Nayl)

That is, in this hadith there are many benefits, among them the establishment of the validity of waqf itself. According to Allamah Nawawi, this is the madhhab of the Shafi‘i Imams and the majority, and the consensus of the general Muslims is also evidence for this, as has been established regarding the validity of the waqf of mosques and wells, etc. This hadith also establishes the virtue of spending from one’s most beloved wealth, and from it the virtue of Umar radi Allahu anhu is also established, and from it the practice of consulting people of knowledge and virtue is established, as well as the virtue of maintaining family ties and making waqf for relatives.

The word "waqf" has been used in different hadiths with different meanings.
For details, refer to the book "Lughat al-Hadith" under the letter "waw."

Hadith Commentary:
(1)
According to this hadith, the person making a waqf (endowment) can stipulate whatever conditions he wishes regarding the property he has endowed. Furthermore, he may also retain his personal ownership over his waqf and, in accordance with established custom and with good intention, fulfill his own expenses from it.

(2)
Imam al-Bukhari rahimahullah has established a subsequent chapter with these words:
(Bab: Hal yantafi‘ al-waqif bi-waqfihi?)
"Can the person who makes a waqf benefit from his own waqf?" (Sahih al-Bukhari, al-Wasaya, Chapter: 12)
One should not harbor the doubt that the waqif (endower) benefiting from his own waqf is as if he is benefiting from his own charity; such a doubt holds no weight.
(Fath al-Bari: 5/470)

Hadith Commentary:

Hafiz Ibn Hajar states:

In it is the permissibility of endowment (waqf) for the wealthy, because the relatives and guests are not restricted by the condition of need, and this is the correct position according to the Shafi'is (Fath).

That is, from this is derived the permissibility of making endowments for the wealthy, because for relatives and guests, the condition of being needy has not been stipulated, and according to the Shafi'i school, this is the correct view.

Hadith Commentary:
(1)
Hafiz Ibn Hajar rahimahullah says:
From this hadith, the permissibility of endowment (waqf) for the wealthy is established, because in it, no condition of neediness has been stipulated for relatives and guests.
(Fath al-Bari: 5/493)

(2)
However, according to our inclination, if the wealthy are made subordinate to the poor and the endowment is made over them, then there is no harm.
If someone has kept the endowment unrestricted and has not specified it for the poor, then the wealthy also have the right to benefit from it.
If the poor have been specified, then the wealthy do not have the right to use the endowed property.
To endow solely for the wealthy is questionable.
And Allah knows best.

Hadith Commentary: Benefits and Issues: (1)
The land that Umar radi Allahu anhu received in Khaybar was his share from the spoils of war (ghanimah), and along with that, he also endowed his orchard named Thamgh in Madinah. Some narrators have considered this Thamgh to be the same land as the one in Khaybar, which is not correct; these are two separate pieces of land. (For details, see Wafa’ al-Wafa, Imam Samhudi, vol. 4, p. 1166, Madinah Munawwarah edition.)

(2)
This hadith proves that for any important matter, it is good to consult people of knowledge and virtue, and the advisor should also give good advice.

(3)
Umar radi Allahu anhu, in accordance with the advice of the Messenger of Allah sallallahu alayhi wa sallam, endowed his land as waqf (endowment), and he himself remained its supervisor and administrator. In the last days of his life, he documented the situation of that time, for which red leather (adim ahmar) was used.

(4)
There are two forms of waqf (endowment): (a) A person endows the actual property or its essence, from which public welfare work is carried out. For example, if a piece of land is endowed as a mosque, school, or guesthouse, then by consensus, it will remain waqf forever. The endower (waqif) cannot revoke it, sell it, gift it, nor can anyone inherit it.

(b)
If the essence or actual property is not endowed, but its benefits and profits are endowed, such as the rent of a house or the produce of land being specified for a certain cause, then according to the majority of jurists (jumhur fuqaha), this will also become waqf forever. According to this hadith, the endower cannot revoke it, sell it, gift it, or allow inheritance to take place. This is the position of the three Imams and the two companions (ashabayn), but according to Imam Abu Hanifah, in some cases, for example, if he says that the produce of my land is for such-and-such cause, then the endower may revoke it, sell it, gift it, or allow inheritance. However, if a judge (qadi) declares this waqf as binding (waqf lazim), then it will become binding, or if he says, "This is waqf during my lifetime, and after my death it is charity (sadaqah)," then it will become binding. But according to the majority, waqf is binding and perpetual in every case, and the conditions and allocations set by the endower must be adhered to. Most Hanafi scholars also give fatwa according to the opinion of the majority. (Takmila, vol. 2, p. 124)

(5)
The administrator or manager of the waqf may fulfill his needs from the income of the waqf according to customary practice, and he may also host friends and guests at home from it.

Explanation:
1:
From this it is understood that an item which has been endowed (waqf) cannot be sold, nor can it be given as a gift or inherited.
Imam Abu Hanifah rahimahullah considered the sale of waqf to be permissible.
His student, Imam Yusuf, states that if the Imam had come across this hadith, he would have retracted his opinion.
(See:
Fath al-Bari, Book of Bequests,
Chapter 29 (2773)

Benefits and Issues:
➊
Waqf (endowment) is legally valid in Shari‘ah.

➋
Waqf does not belong to anyone’s ownership; however, the person who establishes the waqf has the right to manage it himself.

➌
From the income generated by the waqf, after deducting the necessary expenses required to maintain the waqf, the remaining wealth will be spent on those virtuous deeds for which the waqf was established.

➍
The administrator of the waqf may take a reasonable salary in return for his services, but this salary should not be excessive.

➎
The meaning of not earning wealth from it is that one should not make it a source of personal income for oneself, nor should one derive financial benefits from it beyond what is permissible.

(1) It is recommended (mustahabb) to consult with people of knowledge and virtue before undertaking any religious or worldly matter, just as Umar radi Allahu anhu consulted the Messenger of Allah sallallahu alayhi wa sallam.

(2) This hadith demonstrates the virtue of ongoing charity (sadaqah jariyah) and the excellence of Umar radi Allahu anhu, showing how eager he was to excel in good deeds. Radi Allahu anhu wa ardaahu.

(3) It is permissible to spend the income from an endowment (waqf) on both the poor and the wealthy, because the condition of being needy was not stipulated for relatives and guests.

This land came into the possession of Umar radi Allahu anhu as a result of the spoils of the Battle of Khaybar.

Chapter Commentary:
The purpose of this chapter is to show that a person’s share from a jointly-owned property can be endowed (waqf), even if the boundaries have not yet been demarcated. The Imam (Imam Abu Hanifah rahimahullah) holds the view that those hundred shares were still undetermined; their boundaries had not been set. However, this does not seem entirely correct, because Umar radi Allahu anhu was eloquent in his praise of that land. If it had not yet been specified, then how could such praise be possible? And Allah knows best. In any case, it is correct that an endowment (waqf) can be made from a jointly-owned property.

It should be remembered that Imam Abu Hanifah rahimahullah does not hold the view of waqf (endowment), "because in it, the waqf property remains without an owner, which is not appropriate." However, the deficiency of an owner is fulfilled by the administrator (nazim), and that property is also protected from the defects of ownership, such as sale, gift, and inheritance. Nevertheless, the Imam, while deducing from the waqf for a mosque, also accepts general waqf. There would also be no need to oppose the ahadith. But Allah does what He wills.

Takhrij:
«أخرجه البخاري، الشروط، باب الشروط في الوقف، حديث:2737، ومسلم، الوصية، باب الوقف، حديث:1632.»©Explanation:
In this hadith, it is prohibited to sell or gift an endowed (waqf) item—that is, once something has been endowed (waqf), it cannot be sold nor can it be given as a gift.
This is what is understood from the hadith itself; however, Imam Abu Hanifah rahimahullah considered the sale of an endowed item to be permissible.
His distinguished student, Imam Abu Yusuf rahimahullah, stated that if Imam Abu Hanifah rahimahullah had come across this hadith, he would have retracted his opinion.

Benefit:

➊ Consulting in religious and worldly matters is a commendable and recommended act, and there is no one better for this than people of knowledge and piety.

➋ The definition of waqf (endowment) is exactly as the Messenger of Allah (sallallahu alayhi wa sallam) stated: “The principal wealth is to be preserved while its income is given in charity.” It is also necessary to clearly specify the conditions regarding the principal wealth and its administrator (mutawalli).

➌ Donating and endowing valuable wealth is an extremely virtuous act so that good deeds continue for a long time after death. Allah the Exalted says: “You will never attain righteousness until you spend from that which you love.” () “You will not attain the highest rank of virtue until you spend from your beloved possessions.”

➍ It is necessary for the mutawalli (administrator) to be religious, God-fearing, and diligent; he should not be someone who wastes wealth through tricks or spends it on unnecessary feasts. He may spend on himself and his guests as needed.

➎ The will and waqf document should be written and witnessed, so that, as much as possible, it is protected from undue interference and loss.