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Voi. VII, No. 6.] The Waqf of Moveables. 351 
[W.S.] 
should have existed from the time of the Companions. Such is 
also the evident conclusion from what we have already said that 
some doctors of law have added other moveables in which T'a- 
‘amul has arisen in their time. According to this, what is obvious 
is to take into consideration the practice in some place where, 
or at some time when, the practice came to be recognized an 
not otherwise. Thus the waqf of dirhams is practised in Turkish 
heard of in our time. Therefore it would appear that it 
is not valid now, and that if it should be found rarely 
it should not be taken into consideration, since it has been 
mae stated that Z'a‘amul means ‘the more frequent in 
The reasoning is false ‘In consequence of the 
saying of the Prophet ”’: reported: by Ahmad, etc. ‘‘ And house- 
hold goods,’’ 7.e., that from which some use could be had; thus 
it is a conjunction of oh ia al term to a particular ; so it includes 
what is used in the house, e.g., household goods like beds, carpets, 
mats, other than sides used in a mosque, vessels and cooking 
po 
come to be recogni 
and the ancients have expressly declared the validity of the 
sic of vessels and cooking pots required for washing the 
‘* And this,’’ ¢.e., the validity of wagf of moveables recog- 
nized i in practice. 
‘*The Bahr has assimilated boats to fuirfiiture *?: that is 
say, it is not valid, but the Master of our Masters al-Sa’ihant nes 
that they have recognized the practice of their wagf; so there 
is no doubt as to its validity. 
It appears that the practice arose after the time of the 
author of al-Bahr. And in al-Manh the wagf of a building 
f 
has been recognized. Similarly the wagf of trees without the 
land, because they are moveables with respect to which there is 
‘It is valid to make wag of woollen clothes ’’: I sa 
our age, some of the Mutawallis have made wagf of furs for the 
potted 
from al-Zahidi. This quotation from Sharh-al-Multaqé should 
be especially considered, 7.c., what has been mentioned by al- 
Zahidi in al-Mujtabaé concerning the validity of wagf of move- 
ables: earrings according to Muhammad. 
. ‘It is valid if they could be counted’’: This ,con- 
dition is based on the rule stated by Shams al-A’immah, viz., 
Be the object of wagf i is sera ‘it is | indispensable that. indi- 
nen actually, ¢.g., the poor, 
or according i pe rare can €.g., orphans: or confirmed 
valetudinaries, because usually they are poor. Therefore it is valid 
