Waqf of an Undivided Share (Musha‘)

Question

Is it permissible for part of some immovable property to be made a waqf as an undivided share (‘ala sabil al-musha‘) — a waqf of the income — while the property itself is not specified?

Answer

The waqf of an undivided share (musha‘) that is capable of division is not valid according to Imam Muhammad ﵀. According to Imam Abu Yusuf it is valid; the later scholars (muta’akhkhirun) gave fatwa according to this view, and it is the preferred view (mukhtar).

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.