Wills and Testaments (Wasaayaa)
كتاب الوصايا
Chapter 30: The foundation of an endowment for building a mosque
وَقْفِ الأَرْضِ لِلْمَسْجِدِ
When Allah's Messenger (ﷺ) came to Medina, he ordered that a mosque be built. He said, "O Bani An- Najjar! Suggest me a price for the garden of yours." They replied, "By Allah, we will not ask its price except from Allah."
Chapter 31: Animals, property, gold and silver as endowments
وَقْفِ الدَّوَابِّ وَالْكُرَاعِ وَالْعُرُوضِ وَالصَّامِتِ
Az-Zuhri was asked, "If somebody founds an endowment of one thousand Dinar and gives the sum to his boy who is a trader to invest it in business and declares that the profit of the money will be given in charity to the poor and the relatives, does the founder have the right to use anything of the profit of the one thousand Dinar? And if he does not assign its profit to the poor?" Az-Zuhri said, "He does not have the right to use anything of it (i.e., in either case)."
Once `Umar gave a horse in charity to be used in holy fighting. It had been given to him by Allah's Apostle . `Umar gave it to another man to ride. Then `Umar was informed that the man put the horse for sale, so he asked Allah's Messenger (ﷺ) whether he could buy it. Allah's Messenger (ﷺ) replied, "You should not buy it, for you should not take back what you have given in charity."
Chapter 32: The salary of the administrator of an endowment
نَفَقَةِ الْقَيِّمِ لِلْوَقْفِ
Allah's Messenger (ﷺ) said, "My heirs will not inherit a Dinar or a Dirham (i.e. money), for whatever I leave (excluding the adequate support of my wives and the wages of my employees) is given in charity."
When `Umar founded an endowment he stipulated that its administrator could eat from it and also feed his friend on the condition that he would not store anything for himself from it.
Chapter 33: If somebody keeps an endowment, or stipulates that he should benefit by it as the other Muslims do
إِذَا وَقَفَ أَرْضًا أَوْ بِئْرًا وَاشْتَرَطَ لِنَفْسِهِ مِثْلَ دِلاَءِ الْمُسْلِمِينَ
Anas kept a house as an endowment and whenever he came (to Al-Madina) he used to stay in it.
Az-Zubair gave his house in charity (i.e., as an endowment) and told his divorced daughters to dwell therein without harming or being harmed, but if any of them remarried, she would have no right to stay there.
Ibn Umar kept his share from his father's house to be inhabited by the needy amongst Abdullah's family (i.e., his own family).
When 'Uthman (ra) was circled (by the rebels), he looked upon them from above and said, "Ias you by Allah, I ask nobody but the Companions of the Prophet (ﷺ), dont you know that Allah's Messenger (ﷺ) said, 'Whoever will (buy and) dig the well of Ruma will be granted Paradise,' and I (bought and) dug it? Don't you know that he said. 'Whoever equip the army of 'Usra (i.e., Tabuk's Ghazwa) will be granted Paradise,' and I equipped it ?" They attested whatever he said.When 'Umar founded his endowment he said, "Its administrator can eat from it." The management of the endowment can be taken over by the founder himself or any other person, for both cases are permissible.
Chapter 34: To say: "We will demand its price, from none but Allah."
إِذَا قَالَ الْوَاقِفُ لاَ نَطْلُبُ ثَمَنَهُ إِلاَّ إِلَى اللَّهِ فَهْوَ جَائِزٌ
The Prophet (ﷺ) said (at the time of building the Mosque), "O Ban, An-Najjar! Suggest to me a price for your garden." They replied, "We do not ask its price except from Allah."
Chapter 35: The Statement of Allah aaza' wajal: "When death approaches any of you, and you make a bequest..."
بَابُ قَوْلِ اللَّهِ تَعَالَى: {يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِنْكُمْ أَوْ آخَرَانِ مِنْ غَيْرِكُمْ إِنْ أَنْتُمْ ضَرَبْتُمْ فِي الأَرْضِ فَأَصَابَتْكُمْ مُصِيبَةُ الْمَوْتِ تَحْبِسُونَهُمَا مِنْ بَعْدِ الصَّلاَةِ فَيُقْسِمَانِ بِاللَّهِ إِنِ ارْتَبْتُمْ لاَ نَشْتَرِي بِهِ ثَمَنًا وَلَوْ كَانَ ذَا قُرْبَى وَلاَ نَكْتُمُ شَهَادَةَ اللَّهِ إِنَّا إِذًا لَمِنَ الآثِمِينَ فَإِنْ عُثِرَ عَلَى أَنَّهُمَا اسْتَحَقَّا إِثْمًا فَآخَرَانِ يَقُومَانِ مَقَامَهُمَا مِنَ الَّذِينَ اسْتُحِقَّ عَلَيْهِمُ الأَوْلَيَانِ فَيُقْسِمَانِ بِاللَّهِ لَشَهَادَتُنَا أَحَقُّ مِنْ شَهَادَتِهِمَا وَمَا اعْتَدَيْنَا إِنَّا إِذًا لَمِنَ الظَّالِمِينَ ذَلِكَ أَدْنَى أَنْ يَأْتُوا بِالشَّهَادَةِ عَلَى وَجْهِهَا أَوْ يَخَافُوا أَنْ تُرَدَّ أَيْمَانٌ بَعْدَ أَيْمَانِهِمْ وَاتَّقُوا اللَّهَ وَاسْمَعُوا وَاللَّهُ لاَ يَهْدِي الْقَوْمَ الْفَاسِقِينَ}الْأَوْلَيَانِ وَاحِدُهُمَا أَوْلَى وَمِنْهُ أَوْلَى بِهِ عُثِرَ أُظْهِرَ أَعْثَرْنَا أَظْهَرْنَا
Ibn 'Abbas (ra) said, "A man from the tribe of Bani Sahm went out in the company of Tamim Ad-Dari and 'Adi bin Badda'. The man of Bani Sahm died in a land where there was no Muslim. When Tamim and 'Adi returned conveying the property of the deceased, they claimed that they had lost a silver bowl with gold engraving. Allah's Messenger (ﷺ) made them take an oath (to confirm their claim), and then the bowl was found in Makkah with some people who claimed that they had bought it from Tamim and 'Adu, Then two witnesses from the relatives of the deceased got up and swore that their witnesses were more valid than the witnesses of 'Adi and Tamim, and that the bowl belonged to their deceased fellow. So, this verse was revealed in connection with this case ; 'O you who believe! When death approached any of you...'," (V 5
106)
Chapter 36: The payments of the debts of the deceased
قَضَاءِ الْوَصِيِّ دُيُونَ الْمَيِّتِ بِغَيْرِ مَحْضَرٍ مِنَ الْوَرَثَةِ
My father was martyred on the day (of the Ghazwa) of Uhud and left six daughters and some debts to be paid. When the time of plucking the date-fruits came, I went to Allah's Messenger (ﷺ) and said, "O Allah's Apostle! you know that my father was martyred on Uhud's day and owed much debt, and I wish that the creditors would see you." The Prophet (ﷺ) said, "Go and collect the various kinds of dates and place them separately in heaps"' I did accordingly and called him. On seeing him, the creditors started claiming their rights pressingly at that time. When the Prophet (ﷺ) saw how they behaved, he went round the biggest heap for three times and sat over it and said, "Call your companions (i.e. the creditors)." Then he kept on measuring and giving them, till Allah cleared all my father's debts. By Allah, it would have pleased me that Allah would clear the debts of my father even though I had not taken a single date to my sisters. But by Allah, all the heaps were complete, (as they were) and I looked at the heap where Allah's Messenger (ﷺ) was sitting and noticed as if not a single date had been taken thereof.