334 Journal of the Asiatic Society of Bengal. {June, 1911, 
(Mudarabah) and the profitsshould bespentincharity. Similarly 
what is sold by measure and what is sold by weight should 
_ be sold for dirhams and dinars, which should be invested in busi- 
ness and the profits given away in charity, (p. 18). 
CHAPTER ON THE WaAQF OF MOVEABLES BY THEMSELVES. 
And the correct view is that reported from Muhammad 
that itis valid to make wagqf of such moveables with respect to 
which recognized practice (Ta‘aruf) has ensued, e.g., copies of 
the Qur’an, books, pick-axe, hatchet, saw, cauldron and bier, 
on account of the existence of recognized practice (Ta‘aruf) 
regarding the wag of these things, whereby analogy (Qiyds) 1s 
abandoned as in the case of [stisna‘ . . one of the conditions 
of the validity of wag is perpetuity as we have described above, 
but we have abandoned it (a) regarding the things just men- 
tioned owing to recognized practice (Ta‘aru/) ; and (>) regard- 
ing arms and horses for jihad on account of express tradition. 
If a person es waqf of a cow for the service of a rest- 
ing house, stipulating that its milk, curd and butter should be 
given to wayfarers, it is valid where such is the recognized prac- 
ae as in the case of the water of a public fountain ; otherwise 
NOW ss 
Perk 
b. ‘Abd-Allah al-Ansari,one of the companions of Zufar, held the 
it void, and if a Qadi decrees the validity of a Musha‘ wagf the 
divergence is removed. . wi). 
XII. Tue Faraws Qipt Kuan (Vol. II], p. 306, Cairo edition). 
CHAPTER ON THE Waar or MovEaBLES. 
Qur’an. (4) Horses, camels, etc., arms and horses for. j 
(5) Jurists are not agreed as regards waqf of books, which, how- 
ever, is declared valid by the jurist Abu’l-Layth, and the fatwd 
