Vol. VII, No. 6.) The Wagqf of Moveables. 337 
[N.S.] 
Qur’ an, books,etc.’’ And our jurists have added moveable articles 
to those mentioned by Muhammad and Abi Yusuf, acting on the 
principle of 7'a‘amul, as is laid down in the Manh. I, therefore, 
say that taking into consideration this opinion and that of al- 
Zahidi, already stated above, there is no need of referring to the 
report of al-Ansari from Zufar with regard to wagf of dirhams 
and dinars as has been supposed, and indeed have been issued 
royal orders to the Qadis, to give decrees according to it (the view 
validating the wagf of dirhams and dinars) as is laid down in the 
Ma‘ridat of the Mufti Abi’l-Su‘id. Similarly the wagf ofarticles 
capable of being measured or weighed is valid, they being sold 
and their price being applied in business or commerce like dir- 
hams. On the analogy of this they have declared the validity 
of the wag} of a kurr of wheat on condition that it should be lent 
to one who has no seed, etc. ...... 
If a person makes wagf of a cow on condition that whatever 
comes out of it in the shape of milk and butter should go to the 
poor, if they are in the habit of doing so, I should expect the wagf 
to alid. The Manh has added to the list the wag of 
buildings without the site, and likewise that of trees without the 
land, because they are moveables with regard to which there is 
Ta‘amul. 
And according to it, ¢.e., the view of Muhammad, is the fatwa, 
in consequence of the existence of Ta‘amul, whereby Qiyds is 
abandoned as in the case of a contract with an artisan for sup- 
plying articles to be made to order ([stisna‘). The Prophet has 
said: ‘*‘ Whatever is good in the sight of the Muslims is good in 
the sight of God.”’ 
XV. THe Masma‘-at-Anuur (Vol. I, p. 746, Hd. Const.). 
The waqf of landis valid ...... 
Similarly is valid according to Muhammad the wagqf of 
moveables, the wagf of which has become recognized in practice 
(Ta‘aruf), as is valid the waqf of moveables directly when people 
have made a T'a‘amul of their waqf, e.g., pickaxes, shovels, hat- 
chets, saws, biers with their palls, cauldron, pots, copies of the 
Qur’an, books. And according to it, 7.e., the view hammad, 
is the fatwd in consequence of the presence of 7'a‘amu4 in these arti- 
cles. And this view has been adopted by the majority of the jurists 
of all countries : and that is the correct view, as is laid down in 
the Is‘af ; and that is the view of the generality of jurists as is laid 
down in the Zahiriyyah. Because giyas is sometimes abandoned 
on account of T'a‘amul as in the case of Istisna’ ... . l- 
. 
nd a 
Mujtabé reports the difference of opinion between Abii Yusuf 
absolutely, whether any practice respecting it prevailed or not, 
the view of Aba Yisuf being that it was valid if there was Ta‘- 
