Endowment (waqf): Difference between revisions
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==Significance== | ==Significance== | ||
In the Qur'an, there is no verse implying the endowment. But, in books known as [[Ayat al-ahkam]] (verses of ruling), endowment is introduced in the level of sukna (using the benefits of a property for a certain period of time), charity, gift, etc. and it is categorized under general titles of “perfect gifts” (a property given in return for nothing). For example, in verse 92 of [[Qur'an 3]], we read, “You will never attain piety until you spend out of what you hold dear”. For the significance of endowment they also refer to verse 20 of [[Qur'an 73]] and verse 177 of [[Qur'an 2]]. | In the Qur'an, there is no verse implying the endowment. But, in books known as [[Ayat al-ahkam]] (verses of ruling), endowment is introduced in the level of sukna (using the benefits of a property for a certain period of time<ref>Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī, ''Farhang-i fiqh-i muṭābiq bā madhhab-i Ahl al-Bayt (a)'', vol. 4, p. 495.</ref>), charity, gift, etc. and it is categorized under general titles of “perfect gifts” (a property given in return for nothing).<ref>Fāḍil Miqdād, ''Kanz al-ʿirfān'', vol. 2, p. 113.</ref> For example, in verse 92 of [[Qur'an 3]], we read, “You will never attain piety until you spend out of what you hold dear”. For the significance of endowment they also refer to verse 20 of [[Qur'an 73]] and verse 177 of [[Qur'an 2]]. | ||
In hadiths, endowment is mentioned explicitly; while, in hadith collections, the word “[[sadaqa]]” (alms) is common and the word “waqf” is used less. Hadiths about endowment are generally divided in two categories: | In hadiths, endowment is mentioned explicitly;<ref>Ṣadūq, ''Man lā yaḥḍuruh al-faqīh'', vol. 4, p. 237- 243; Kulaynī, ''al-Kāfī'', vol. 7, p. 35- 38.</ref> while, in hadith collections, the word “[[sadaqa]]” (alms) is common and the word “waqf” is used less.<ref>Ṭabāṭabāʾī Yazdī, ''Takmila al-ʿUrwat al-wuthqā'', vol. 1, p. 189.</ref> Hadiths about endowment are generally divided in two categories: | ||
*Hadiths about the recommendation of endowment | *Hadiths about the recommendation of endowment | ||
*Hadiths about the rules of endowment | *Hadiths about the rules of endowment | ||
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*Endowment for specified person or persons | *Endowment for specified person or persons | ||
*Endowment for general titles such as poor people | *Endowment for general titles such as poor people | ||
*Endowment for a certain purpose and cause: such as preaching religion and holding mourning ceremonies for the Infallible Ones (a) | *Endowment for a certain purpose and cause: such as preaching religion and holding mourning ceremonies for the Infallible Ones (a)<ref>Salīmīfar, ''Nigahī bi waqf wa āthār-i iqtiṣādī- ijtimāʿī-yi ān'', p. 145- 146.</ref> | ||
In the books of fiqh, endowments are divided into two types of [[Private endowment|private]] and [[General endowment|general]] and they put the above examples under one of the two types; because, sometimes an endowments is made for one certain person or group and sometimes for a general purpose or all people. | In the books of fiqh, endowments are divided into two types of [[Private endowment|private]] and [[General endowment|general]] and they put the above examples under one of the two types; because, sometimes an endowments is made for one certain person or group and sometimes for a general purpose or all people.<ref>Jannātī, ''Adwār-i fiqh'', p. 433.</ref> | ||
==Rules== | ==Rules== | ||
Endowments comprise a chapter in [[jurisprudence]], in the section of transactions. Most important rules of endowment are: | Endowments comprise a chapter in [[jurisprudence]], in the section of transactions. Most important rules of endowment are: | ||
*The endower should be mature, free and having free will and should not be prohibited from using his properties. | *The endower should be mature, free and having free will and should not be prohibited from using his properties.<ref>Ḥillī, ''Sharāʾiʿ al-Islām'', vol. 2, p. 167.</ref> | ||
*Formula of the endowment should be mentioned using words close to the intention of the endowment; and it is to note that, for the formula of endowment, no certain words are instructed. | *Formula of the endowment should be mentioned using words close to the intention of the endowment; and it is to note that, for the formula of endowment, no certain words are instructed. | ||
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*The endowment of a mosque is accomplished when people perform [[prayer]] there. Also, the endowment of a grave is accomplished when a dead person is buried there. An endowed property cannot be sold. | *The endowment of a mosque is accomplished when people perform [[prayer]] there. Also, the endowment of a grave is accomplished when a dead person is buried there. An endowed property cannot be sold. | ||
*If an endowed property is about to be damaged or is actually damaged, it is permissible to sell and replace it with a better property which has more benefits for the one for whom the endowment is made. | *If an endowed property is about to be damaged or is actually damaged, it is permissible to sell and replace it with a better property which has more benefits for the one for whom the endowment is made.<ref>Banī Hāshimī Khomeinī, ''Tawḍīḥ al-masāʾil-i marajiʿ'', vol. 2, p. 630- 638.</ref> | ||
==See Also== | ==See Also== | ||
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*Kabīsī, Muḥammad ʿUbayd al-. ''Aḥkām-i Waqf dar sharīʿat-i Islām: Fiqhī, Ḥuqūqī, qaḍāʾī''. Translated by: Aḥmad Ṣadiqī. 1st edition. Māzandarān: Idāra-yi kull-i ḥajj wa ūqāf wa umūr-i khayrīyya-yi Ustān-i Māzandarān, 1364 AH. | *Kabīsī, Muḥammad ʿUbayd al-. ''Aḥkām-i Waqf dar sharīʿat-i Islām: Fiqhī, Ḥuqūqī, qaḍāʾī''. Translated by: Aḥmad Ṣadiqī. 1st edition. Māzandarān: Idāra-yi kull-i ḥajj wa ūqāf wa umūr-i khayrīyya-yi Ustān-i Māzandarān, 1364 AH. | ||
*Kulaynī, Muḥammad b. Yaʿqūb al-. ''Al-Kāfī''. Edited by ʿAlī Akbar Ghaffārī & Muḥammad Ākhūndī. 4th edition. Tehran: Dār al-Kutub al-Islāmīyya, 1407 AH. | *Kulaynī, Muḥammad b. Yaʿqūb al-. ''Al-Kāfī''. Edited by ʿAlī Akbar Ghaffārī & Muḥammad Ākhūndī. 4th edition. Tehran: Dār al-Kutub al-Islāmīyya, 1407 AH. | ||
*Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī. ''Farhang-i fiqh-i muṭābiq bā madhhab-i Ahl al-Bayt''. Qom: Muʾassisa Dāʾirat al-maʿārif al-fiqh al-Islāmī, 1392 Sh- 1395 Sh. | *Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī. ''Farhang-i fiqh-i muṭābiq bā madhhab-i Ahl al-Bayt (a)''. Qom: Muʾassisa Dāʾirat al-maʿārif al-fiqh al-Islāmī, 1392 Sh- 1395 Sh. | ||
*Mishkinī, ʿAlī. ''Muṣṭalaḥāt al-fiqh''. Qom: Al-Hādī, 1428 AH. | *Mishkinī, ʿAlī. ''Muṣṭalaḥāt al-fiqh''. Qom: Al-Hādī, 1428 AH. | ||
*Qaḥf, Mundhir. ''Al-Waqf al-Islāmī; taṭawwuruhu, Idāratuhu, tanmīyatuhu''. 1st edition. Damascus: Dār al-Fikr, 1421 AH/ 2000 CE. | *Qaḥf, Mundhir. ''Al-Waqf al-Islāmī; taṭawwuruhu, Idāratuhu, tanmīyatuhu''. 1st edition. Damascus: Dār al-Fikr, 1421 AH/ 2000 CE. | ||