Vol. Vii, No. 6. The Wagq{ oj Moveables. 347 
[N.S.] 
and dinars. I say nay, furthermore, the Qadis have been directed 
by royal command to decree in favour of its validity as is laid 
down in the cag ~ the Mufti Abu’l-Su‘id. And also what 
is sold by measure, e etc. 
In the Khulaah. it is stated that if a person makes waqf 
of a cow directing that the produce of her milk and butter 
should be given to the poor, if people are accustomed to that 
i Adah), I should expect it to be valid. 
‘And a cauldron and a bier ’’: and its pall, and copies of 
the Qur’4n and books, because Ja‘amul overrules analogy in 
consequence of the saying of the Prophet, ‘‘ Whatever is good 
inthe sight of the Muslims is good in the sight of God. 
‘«¢ Unlike those articles wherein there is no Ta‘amul,”’ e.g., clothes 
and household goods. This is the view of Muhammad, ‘and the 
fatwa is in accordance therewith . 
In the Bazzaziyyah it is laid down that the wagf of woollen 
clothes for the poor is valid. 
XXX. Tue Rapp-at-MustaR a , p. 406, Edition Cairo). 
‘* And is valid, etc.. resting house ’’: The apparent on 
is the validity of their waqt ow aap y, and this is supporte 
by the fact that in the Fath-al-Qadir which quotes the Kkulasah 
this instance is enumerated eens with the cases of the wag 
of moveables with respect to which there was Ta‘amul. The 
commentator (author of the "‘Dwrr-ol. Mukhtar), therefore, ought 
to have mentioned this instance after the statement of the author 
(of the Tanwir-al-Absar), ‘‘ and moveables wherein there is 
Ta‘amul,’’ so that it may not be imagined that it is a wagf 
subsidiary to to the resting-house, as has been imagined by the 
author of the Bahr-al-Ra‘iq when he says, etc.......-- 
he sells a disabled slave and buys with his price another 
in his SRN, 50 AVA 6 sk oe ce te Similarly water-wheels and 
implements may be sold and with their price may be pur- 
chased what is more beneficial to the wa 
‘* As is valid the wagf of Musha‘, etc. ”?: and it will become 
unanimous by the decree of a ju udge. The divergence with 
regard to the wagf of Musha‘ is based on the stipulation of 
delivery and its absence, because partition is its completion. 
Abii Yisuf holds it valid because he does not make delivery a 
condition, and Muhammad holds it invalid because of his making 
delivery a condition ........ .and we have stated above 
that the occasion of the divergence is with respect to what is 
capable of division, unlike what is not capable of it, and the latter 
is, therefore, unanimously valid except in the case of a mosque 
ora cemetery. 
‘ Because it is a case for ijtihad ? : de., jtihad is permitted 
because of the absence of its being in opposition to any express 
text or [jma‘ (consensus of jurists). 
