Making Waqf of Another Person’s Property

Question

A few days after that, by means of another waqf deed, Bakr, who is Zaynab’s son and was at that time the mutawalli (trustee) of the entire property — Zaynab bought two properties in Bakr’s name; Zayd’s statement that they were bought with his money is not admissible; from the very beginning the income and expenditure of Zayd and Zaynab had been kept jointly. At present the endowed trees and their timber have been sold. Several gentlemen have joined together in siding with Zayd’s children.

Answer

Waqf can be made of one’s own property — one has that right; one has no right to make waqf of another person’s property. So if Zayd made waqf of the property of his wife Zaynab, this was wrong: he can make waqf only of his own share, which reaches him in his capacity as husband, and only to that extent; the rest belongs to Zaynab’s son, and Zayd has no right whatsoever to make…

Source: Fatawa Mahmudiyya

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