Vol. VII, No. 6.] The Wagf of Moveables. 345 
N 
original), ‘‘ like dirhams and dinars,’’ #.¢., with regard to the 
absence of validity. 
‘© Unlike land,’’ i.c., because there is perpetuity in it, 
although not expressly mentioned or stipulated. 
‘Whilst there is no antagonistic influence based on tradi- 
tion,’’ t.e., this is by way of reply to his (al-Shafi‘t’s) cre sare 
ee 
‘* therefore it resembles land, horses and arms. or on 
hatchet and shovel, etc., therefore let the question in dispute 
be decided on the analogy of these. The reason is that these 
two articles have been influenced by an antagonistic force based 
on Ta‘amul which is not to be found in the case in dispute, ¢.g., 
slaves, slave-girls, clothes, carpets and the like. .....- . 
he author of the Muhit says: A person makes wag/ of 
150 dinars for the benefit of the sick by way of will! ; this wagf 
is valid, and the gold should be given to a man to be employed 
in business (Mudarabah) and the profits applied to the pur- 
poses of the wagf. The same rule holds good, says the Muhtt, 
in the case of wag of dirhams and what is sold by measure 
and what is sold by weight (p. 996). 
XXIV. MusraKxnwas-at-Haga’1q (204, Ldn. Bom.). 
- €Moveables in which there is Ta‘amul,’’ i.e., among 
people, e.g., pickaxes, dirhams and dinars, cauldrons, a bier and 
its pall, copies of the Qur’an and books; contrary to those in 
which there is no Ta‘amul. 
XXV. Tue Kanz-at-BayAn (Vol. I, 116, Edn. Cairo). 
It is valid to make wagf of a moveable independently with 
respect to which there is J'a‘amul of the people, ¢.g., pick-axes, 
shovels, dirhams, dinars, cauldrons, a bier with its pall, copies of 
the Qur’an and books; contrary to those with respect to which 
i ‘amul, e.g., clothes and household goods in’ the 
opinion of Muhammad and the fatwd is in accordance therewith. 
XXVI. AL-‘Ayni’s COMMENTARY ON THE Kanz At-Dagi’Iq 
(II, p. 461, Edition Lucknow). 
- And also is lawful the wagf of moveables, such as horses 
and arms, pickaxes, cauldrons, shovels, saws, a bier and its 
a Or according to another reading, ‘‘for the benefit of the sick 
from amongst the siifis.”’ 
