Key Rulings Regarding Endowments (Waqf) in Islam

❖ وقف کی ہوئی چیز کے متعلق چند احکام​

✿ Source: Urdu Explanation of Umdat al-Ahkam min Kalam Khayr al-Anam
✿ Translator: Hafiz Faizullah Nasir
✿ Referenced Hadith: Bukhari: 2737, Muslim: 1632

◈ The Incident of Umar رضي الله عنه and the Land of Khaybar​

Narrated by Abdullah ibn Umar رضي الله عنهما:
"Umar رضي الله عنه acquired a piece of land in Khaybar. He approached the Prophet ﷺ and sought his counsel regarding it, saying:
'O Messenger of Allah! I have obtained a piece of land in Khaybar, and I have never acquired any wealth more valuable to me than this. What do you advise me to do with it?'

The Prophet ﷺ said:
'If you wish, retain its original property and give it as charity.'

So Umar رضي الله عنه gave it in charity, stipulating that:
‘Its original property shall not be sold, gifted, or inherited.’

Umar رضي الله عنه then gave it in charity to:
➤ The poor
➤ Relatives
➤ Emancipation of slaves
➤ In the path of Allah
➤ Travelers
➤ Guests

It was also stated:
There is no sin upon the one who manages the endowment if he eats from it in a customary manner or feeds a friend, as long as he does not accumulate wealth from it.
In another version:
He should not gather wealth through it.

◈ Explanation of Key Terms​

• يَسْتَأْمِرُهُ (Yasta'miruhu): Seeking advice from the Prophet ﷺ.
• أَنْفَسُ (Anfas): Superlative form of “Nafis” (precious), meaning most excellent.
• غَيْرَ مُتَمَوِّلٍ (Ghayra Mutamawwil): One who does not accumulate wealth.
• غَيْرَ مُتَأَثِّلٍ (Ghayra Muta'aththil): One who does not hoard possessions.

◈ Commentary on the Hadith​

This Hadith outlines several important rulings regarding endowments (waqf):

✔ The original asset of the waqf remains intact and under the ownership of the waqif (endower), but its benefits are dedicated to charity.
✔ The manager (wali) of the waqf may benefit from it only as per need, not for wealth accumulation.
✔ The income from the waqf must be spent on causes pleasing to Allah, such as aiding the poor, relatives, guests, and travelers.
✔ The waqf cannot be sold, gifted, or inherited, ensuring its permanence in charitable service.

◈ Juridical Insights​

This Hadith serves as a foundational text for the Islamic law of waqf. It reinforces the notion that a perpetual charitable contribution can be maintained without transferring the ownership of the asset itself, thus ensuring ongoing rewards and benefit for the community.

◈ Conclusion​

The tradition of waqf is a noble and enduring institution in Islam. It facilitates sustainable charity, supports community welfare, and reflects the selfless spirit of the Sahabah رضي الله عنهم. This Hadith encapsulates its essential rulings, guiding Muslims in preserving and utilizing endowed properties in accordance with the Shariah.