Vol. Jy No. 6.] The Wagqf of Moveables. 365 
[N.S.] 
Now is it lawful to-sell it, or is it waqf, when what is stated 
above is proved ? 
Answer.—There is oni ae of opinion as regards the 
validity of the waqf o veables. But the correct view 
followed by the majority of “seria is the validity of the waqf 
of that with regard to which there are Ta‘amul and usage 
(‘adah). Therefore of the articles stated above with respect to 
whichever of them there is Ta‘amul, it is valid to make wagf of 
them; while those with respect to which there is no Ta‘amul, 
their waqf is not valid. (Vol. II, p. 655). 
LXV. Our most learned master was questioned concerning 
a dedicator who had stipulated in his wagqf its cancellation or 
ratification. This stipulation was called into question and the 
person criticizing it wanted to render the waqf null and void on 
account of the stipulation, saying that cancellation amounts to 
nullification, and thus such a stipulation renders the waqf null 
and void; but the judge decrees the absence of nullification and 
declares the waqf valid. Is it permissible after this for another 
judge to ere ° waqf invalid, or to give a fatwa in favour 
of nullific ue 
He caked -—The above-mentioned waqf is valid, and 
such is ais. metas practice, even though no judge had decreed 
its validity. But the stipulation of the dedicator seg to 
himse wer of cancelling and nullifying the wagf, is 
an invalid stipulation, according to the accepted view adopted 
for fatw&; and what has n reported from the chapters on 
waaqf of Hilal and Khassaf to the effect that a wagqf is rendered 
null by such a stipulation is contrary to the accepted view 
adopted for fatwa. This has been clearly stated by the most 
learned doctor Qasim b. Qutlubgha — the Shaykh al-Tisi in 
their collections of Fata@wd. And this has been reported by al- 
Tarstsi from the Tatarkhaniyyah ead ls Fatawa °l-Kubra, 
Furthermore, after a judge had decreed its validity it is not 
lawful to give fatw4 in favour of its nullification and such a 
fatwa will not be acted upon, and God knows best. 
The learned have expressly declared that when there is a 
difference of opinion amongst the jurists, fatwa will be given 
in accordance with that view which is more favourable to the 
waqf. And the current practice is the validity of wagf con- 
taining such a stipulation; for frequently stipulations like this 
m 
ignored. Therefore the view on which reliance ought to 
placed is the view in pases of the validity of waqf. (Vol. II, 
753). 
LXVI. The following question was asked by the Cadi of 
Suyit on the 24th Muhurram, 1292 A.H :—A man owned a mill, 
a glass factory, both the sites and the buildings, and certain 
