Vol. VIL, No. 6.] The Wagf of Moveables. 373 
[N.S.] 
nounced correct by the Lee of the word fatwa. If they 
are shares in moveables their waqf is valid provided that diey 
are not capable of division and there has been recognized 
practice as to making waqf of them. For in the gloss of Ibn 
‘Abidin on the Bahr we find the following: ‘‘ And Muhammad 
says—It is valid to make waqf of moveables when recog- 
nized in practice, etc.’’ Now that you know that the waqf 
of moveables is valid according to the opinion of Muhammad, 
you should have regard also to the conditions laid down 
him concerning the waqf of these things, e.g. that they should be 
divided, not musha‘, when they are capable of division, and 
that they should be delivered to a Mutawalli, even though ‘they 
do not satisfy the condition of perpetuity (ta’bid).’’ Finis. 
Finally you should know that the language of jurists here show 
some leaning towards taking special recognized practice (‘urf 
khass) intoconsideration. This is one of the views of the school, 
and it is a proper view, since the language of the dedicators is 
based on their special practice (‘ urf) . 
Written on the 9th of Muharram, 1326 A.H. Fatwa No. 167. 
OFFICIAL SEAL OF THE : 
atwad DEPARTMENT. SEAL OF THE 
Granp Morti. 
LXXXI. Answer by Muhammad Bakhit al-Muti‘t, the Hanafi 
jurist a: the University Mosque of al-Azhar, Mufti of 
Alexand. 
Praise rig és "God: . I have perused the above-mentioned 
question. As these securities, company shares, pickaxes and 
shovels and similar things are all included under the term 
moveables, and as the rule applicable to the waqf of move- 
ables is to the following effect :—‘‘ The waqf of moveables, if 
accessories to land, is valid without any difference of opinion 
between Abti Yusuf and Muhammad. If the wagqf of such 
moveables be made independently and not as accessories to 
land, Abt: Yusuf rejects their waqf, but Muhammad’s opinion 
is in favour of the validity of waqf of such moveables as regards 
which there is Ta‘amul. This opinion has been adopted by the 
majority of jurists of various countries as stated in the h, 
and this is the correct opinion as stated in the /s‘@/, and it is the 
dictum of most doctors as stated in the Zahiriyyah. Moreover, 
it has been stated in she: Mujtaba on the authority of the Siyar, 
that according to Muhammad it is valid to make waqf o 
moveables unrestrictedly and according to Abu Yusuf only 
when there is Ta‘amul ’’—therefore when a practice has arisen 
as to making waaf of these securities and shares, their waqf is 
valid, specially as they are of the nature of coins, dirhams and 
dinars. ow we find in the Manh: As a practice has arisen 
in our days in Turkey and other countries of making waqf of 
