2 See 
364 Journal of the Asiatic Society of Bengal. [ June, 1911. 
case of a mosque and a cemetery, as itis expressly laid down in a 
the books of the school. (Vol. II, p. 545). : 
LXII. Question.—Is exchange permissible [in Egypt] when ) 
the dedicator has expressly forbidden it and there is no advan- . 
tage ? 
Answer.—(The Fatwa4 also includes the names and seals of he 
Shaykh Khalil-al-Rashidi, Registrar of Fatwds, and Sheikh / 
Muhammad al-Mansuri, the Hanafite.) There is an old diver- a 
gence of opinions amongst the Ulemas regarding the exchange | 
of waqf in the absence of any stipulation to that effect made . 
by the dedicator. But the practice of the Cadis of Egypt is 
not to permit exchange at all without the sanction of the Sultan, 
thus acting according to what is known, viz., their being forbidden 
todoso. A Cadi’s office demands particular regard to time, place 
and the circumstances of the case. A Cadi’s order will not 
take effect with regard to a question which he is forbidden to 
deal with. Thus a Cadi has not the power of making : 
exchange of the above-mentioned waqf without the sanction of . 
some one having the authority to do so, specially in the absence e 
of any advantage and the prohibition of the dedicator to ex- 
change it. For verily the stipulation of the dedicator is like the 
express ruling of the law. It is not permitted to contravene 
his stipulation without any legal ground. (Vol. I, p. 559.) 
Bee get Wea. * SP ie tae ae Aa 
| 
. 
LXIII. The following question was asked by the Pension ‘ | 
7 
Answer.—Making wagf of iltizim lands and stipends from 
the Bayt-al-Mal payable to persons to whom they are due is of 
the nature of irsad. Therefore it is valid by command of the 
person authorized to regulate its expenditure [i.e. the sovereign]. 
So when the person so authorized permits the person in whose 
name is the grant and who is adult, to make waqf of it in the 
above-mentioned way, the waqf will take effect in the terms of 
the order; and irsad is governed by the same principle. @ 
knows best. (Vol. II, p. 639). 
_ _LXIV. The following question was asked by the officer 
in charge of the Bayt-al-Mal:—Muhammad Sadiq died leaving 
the Bayt-al-Mal as his heir; and amongst the things left by 
him, a document is found to the effect that he makes waqf of @ 
quantity of copper or copper utensils, etc., for a certain purpose: 
