Vol. VII, No. 6.] The Wagqf of Moveables. 363 
[V.S.} 
spent for repairs, but another piece of land should be purchased 
which should be waqf in the stead of the original wagf. The 
price of the débris, however, when sold on account of the build- 
ing being difficult to restore or through fear of loss of the 
débris, may be spent for repairs and the Mutawalli of the waqf 
may take the price and then spend it for repairing the rest 
of the wagf property. In the Tangth-al-Hamidiyyah it is laid 
from the Fatawd-’!- Lutfi: Its logical conclusion is oe validity 
of expending the money obtained in exchange, for repairing 
the wagf. The matter requires critical voberdersison. n 
exchange (istibdal) and sale are one and the same as regards their 
final result, and God knows best. I say that Shaykh Isma‘il 
has also answered similarly in his Fatawd, viz , that repairs 
should be made out of the money obtained in exchange, and 
borrowing should not be resorted to, as it is a: 
seeing that there is money belonging to the waqf. An 
as been stated in the Fatawd-'l-Lutfi is as follows: aad 
Cadi authorized to give it; and they are replaced out of the 
profits of the waqf after the repairs in orderto purchase with it 
something which would be waqf like the original waqf, and it 
will not be property belonging to the beneficiaries of the waaqf, 
nor inheritance. (Vol. II, p. 524). 
LX. THE VALIDITY OF WAQF OF MUSHA‘ EVEN WHEN 
CAPABLE OF DIVISION. 
The following question was put on behalf of the Bayt-al- 
Mal of Egypt: A woman makes waqf of half of her house in 
Cairo for some purpose, and the other half she gives to her 
Meee what is the order with respect to it ? 
Answer.—There is divergence of opinion concerning the 
waqf of Musha‘ ; but the judge may decree its validity relying 
on the view of the second Imam, Abt Yusuf. Therefore when 
the fact of the woman’s having made want of half the house is 
proved, fulfilling its conditions, the judge is at liberty to decree 
the validity of the waqf and its bindingness. (Vol. II, p. 541). 
LXI. Question.—A man makes wagqf of half a public bath, 
which is Musha‘, incapable of division, for his own benefit for life, 
then for the benefit of his children, etc... . Answer.—There is 
divergence of opinion regarding the waqfof Musha‘. If a decree 
is obtained in favour of its validity, it is given effect to, as there 
are two views with respect to it, both of which are pronounced 
correct. This divergence of opinion is with regard to what is 
capable of division. As for that which is incapable of division 
as in the present case, it is valid unanimously except in the 
