A waqf must be immediate (munajjaz)

Question

Question: The heirs of the late respected al-Hajj Ashraf ‘Ali write in a waqf deed: a religious madrasa was founded in Ghanir Gram (?); it had no permanent property or the like for its running, but ran on donations. Therefore the deceased wished to endow some land from his property; he called us, the heirs, and expressed his heartfelt wish: “If life does not permit me, then put the said six bighas (a local unit of land area)

Answer

It is a condition for the validity of a waqf that it be immediate (munajjaz); a waqf attributed to after death is not valid, but it will have the ruling of a bequest (wasiyya), executed from one third of the estate: [ar]وشرطه شرط سائر التبرعات، وأن يكون منجزا لا معلقا إلا بكائن، ولا مضافا اهـ (الدر المختار).

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.