Vol. VII, No. 6.] The Waqj of Moveables. 359 
[N.S.] 
not valid, except when there is Ta‘amul of the people regard- 
ing it. And Abi Yisuf has laid down that when a person 
makes waqf of land with its cows and cultivators, if they are his 
slaves, it is valid. And Muhammad holds that it is valid ~ 
to make waaqf of horses and arms. 
L. Tue Jawnarat-at-Nayyrran (IJ, p. 19, Ed. Lucknow). 
‘* And waqf of landed property (‘ag@r) is valid,’’ because 
it is lasting ; ‘‘ and waqf of what is capable of being moved and 
what is liable to change is not lawful ’’ ; since such property is 
not lasting, therefore its waqf is not valid. 
Al-Khujandi holds that the wagf of moveables is not valid 
except (a) when subsidiary to something else, as when a 
person makes a waqf of land with the bulls and serfs for its 
purposes; then they become wagqf along with the land as 
accessories ; (b) or when the practice (‘ddah) arises of making 
waqf of them, e.g., a spade for digging graves or a bier and the 
pall of a bier. 
If a person makes a waqf of standing trees it is not valid 
according to analogy, but it is valid according to Istihsan . . 
It is stated in the W4agqi‘at that when a person makes waqf of 
a bull in favor of the inhabitants of a village for the purpose of 
covering their cows, it is not valid because the waqf of move- 
7 
ables are not valid except of such whose waqf is recognized 
And Muhammad holds that it is valid to make waqf of 
horses and arms, etc., and they say that Abi Yisuf agrees 
with him and this is due to Istihsan - accordin im. 
And Muhammad has laid down that the wagf of moveables 
wherein there is Ta‘amul is valid, e.g., pickaxes, spades, shovels, 
saws, abier and its pall, cauldrons, copies of the Qur’an and 
" ae sai : ; ea 
the Qur’an, or if he makes wagf of land with the right of way 
or of implements of husbandry, this is valid. 
