372 Journal of the Asvatic Society of Bengai. (June, 1911. 
shovels in our time? ...... Hasan BEY Frnmy, Secretary 
to H.E. Ghazt Mukhtar Pasha. 
The Answer.—Praise be to God alone, and _ peace and 
blessing be to the last of the Prophets . . . It is laid down by 
recognized according to the opinion of the above-mentioned 
jurists of various countries as stated in the H idayah, and this 
is the correct opinion as stated in the Js‘@/, and it is the dictum 
of most doctors as stated in the Zahiriyyah. Thus it is laid 
down in the Radd-al-Muhtar and it is expressly laid down in 
the commentary on the Durr that the fatwa is in accordance 
with this. As to the waqf of moveables accessories to 
land, it is valid without any difference of opinion between Abii 
Yasuf and Muhammad. The following occurs in the Radd-al- 
htar :— 
‘* According to this, what is obvious is to take into con- 
sideration the practice in some place where, or at some time 
when, the practice came to be recognized and not otherwise. 
Thus the waqf of dirhams is practised in Turkish countries 
and that if it should be found rarely it should not be taken 
into consideration, since it has been already stated that Ta‘amul 
nized practice or not. Now as to shares in trading companies, 
their waqf is of the nature of waqf of musha‘ ; so if they are 
shares in landed property, their waqf is valid according to Abu 
Yusuf and Muhammad if they are not capable of being divided. 
But if they are capable of division, then the validity of their 
waqf is in accordance with the opinion of Abi Yiisuf and not 
with that of Muhammad. Both these opinions have been pro- 
