338 Journal of the Asiatic Society of Bengal. (June, 1911. 
amul respecting it. As Ta‘amul became prevalent with regard 
to the waqf of dinars and dirhams in the time of Zufar, their 
waqf being declared valid according to one report, they came 
within the purview of the dictum of Muhammad in accordance 
with which is the fatwdé respecting the waqgf of every moveable 
concerning which J'a‘amul may arise as is obvious. Con- 
sequently there is no need of especially ascribing the view 
in favour of the validity of their wagf to the doctrine of Zufaras 
reported by al-Ansari; and verily has the author of the Bahr given 
atwé in favour of their validity without reporting any difference 
of opinion on this point’; this is laid down inthe Manh...... 
.... And the present practice is to decree in favour of its 
validity. Similarly such is also the rule in the case of wagf of 
trees, and in the Manh it islaid down: ‘‘ the recognized practice 
of our country is to make wag/ of a building without its site. So 
also the wagf of trees without the land: thus the fatwd is deter- 
mined in favour of its validity because these are moveables in 
which there is Ta‘amul.’’ By Ta‘amul is intended the Ta‘amul 
of the companions of the Prophet and that of the companions of 
of the author of al-Manh, viz., ‘‘ that the practice, etc., because 
they are moveables in which there is T'a’amul,’’ is not reliable. 
But in the Muhit and other works it is laid down: ‘‘ A man 
es a wag of a cow for the benefit of a resting-house, on con- 
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XVI. Movtia Miskin anv THe Farg-at-Mu‘in (Vol. II, p. 597; 
Edition Cairo). 
(a) Text of the Kanz with the Commentary of Mulla Miskin. 
The wagqf of moveables in which thereis 7'a‘amul is valid, 1.¢- 
with regard to making wag of which there is practice (‘Adah), 
unrestrictedly whether it is a copy of the Qur’an, or pickaxe, oF 
shovel, or hatchet, or saw, or bier or its pall, or cauldrors, oF 
pots, or transport animals, according to Muhammad. And the 
fe of jurists have adopted his view on account of 
(b) Commentary of the Fath-al-Mu‘in. 
**In which there is Ta‘amul ”? : @g., pickaxes, hatchets 
