Vol. ae No. 6.] The Wagqf of Moveables. 339 
[V.S.] 
diehard and dinars. ‘Thus it has been laid down in the Tanwir, 
and this is the view of Muhammad, and according to it is the 
fatwd.— Durr from the I khtiyar. 
From this we learn that the wagf of dirhams and dinars 
belongs to the class of wagf influenced by Ta‘amul, and the same 
information we gather from the statement of al-Zayla‘i and al- 
‘Ayni. Accordingly 7'a‘amul in all countries is not a condition, 
and this shows the inaccuracy of the argument of the Nahr when 
it says, ‘‘ The statement of Muhammad, which has just preceded, 
necessitates the invalidity of that in Egyptian lands in conse- 
quence of the absence of its practice (Ta‘aruf) altogether. Yes, 
in the Turkish dominions.’’ Again in the Sharh Multagd’l- 
Abhur by al-‘Ala’i' after the _quotation from the text the 
following comments occur: ‘‘ And si imilarly is valid the 
waqf of moveables whose wagf is recognized in practice accord- 
ing to Muhammad, and similarly that which is not recognized 
in practice is also valid accor g to Muhammad, as is laid 
down in the Sharh al-Wahbaniyyah from al-Zahidi from 
the Siyar-al-Kabir, and Shurunbulali has followed it, and al- 
Quhistani has affirmedit.’’ Then it (Sharh-al- Multaqd) states, 
as Therefore according to what has preceded as reported from al- 
Zahi ng to the report of al-Ansari 
from Zufar. And the royal command had already been 
issued to the Qadis to givedecision to that effect as is laid down 
in the Ma‘ rida of the Mufti Abu’|Su‘iad.’’, From thisit is learnt 
that the fatwd of some to the effect that the view declaring the 
validity of the wagf of dirhams is weak, because of its having 
‘ : 
"the sight of God,’’ and because Ta‘aruf is see 
than giyas, so qiyds is “disregarded thereby as in the case of 
istisna’. 
XVII. THe Bawr-at-RA’1q AND THE Mangat-al-KHAtig 
(Vol. V, p. 216 et seq., Ed. Cairo). 
The subject-matter et seat is property having legal value 
(Mal ae (p. 20 
The of land ith its cows and serfs is valid, and also 
that of Musha* whose validity has been decreed, and that of 
moveables wherein there is Ta‘am 
And Muhammad has laid down that such ot hegnemi ihre 
regard to which there is Ta‘amul is valid, and the 
been — by the majority of the jurists of various pio 
oc. ee . because giyas is disregarded on account of Ta‘- 
1é.e., the Durr al-Muntaqd. 
