346 Journal of the Asiatic Society of Bengal. [June, 1911. 
pall, copies of the Qur’an, books on jurisprudence, traditions and 
literature, and other things besides, with regard to whose waqf 
a‘amul or Ta‘aruf (practice) arises. This is the dictum of 
Muhammad, and the fatwa is in accordance with it on account 
of traditions being in its favour. Arguing on the analogy of 
horses and arms al-Shafi‘i holds the waqf of everything valid 
whose sale is lawful and from which profit can be derived 
that the original state is the absence of the validity of wagf; 
therefore waqf should be limited to those things regarding which 
the law is express, wiz., land and horses. The rest continue 
in the original state suggested by analogy (giyds) except 
those with regard to which Ta‘amul arises when they become 
XXVI. SUPER-COMMENTARY ON AL-‘AYNI ON THE KANZ 
(II, p. 463, Edition Lucknow). 
XXVIII. Tue TANWIiR-aL-Apsar (11/1, p. 578, Edition Const.). 
And if a person makes wagf of land with the cows and the 
serfs attached to it, it is valid liké Musha‘ whose validity 
has been decreed by a Qidi, and moveables wherein there is 
Ta‘amul, e.g., axes, shovels, dirhams, and dinars. 
XXIX. Tue Dourr-at-Muxntar (I11, pp. 576-78, Edition Const.). 
And is valid the waqf of slaves for the purposes of a resting” 
house (Khulasah)..... and if l Ore? 
should not be had to retaliation (Bazzaziyyah), but rather the 
ike Musha‘ etc.,”’ because it is a case for ijtihad ; there- 
fore a Hanafi sectary has the option of decreeing the validity of 
_ Dullity of the wagf of Musha‘ because of the divergence of pref- 
e ; 
re ted to give the fatwd and the judgment in accordance 
ome oo of them. (Bahr and the author of the Tanwir-al- 
sar), 
‘And moveables, etc., Ta‘dmul’’: And likewise is valid 
the _wagqf of every moveable independently wherein there 18 
Ta‘amul of people, for instance, axes, shovels, nay, also dirhams 
. 
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