A waqf not made during the final illness is valid

Question

Question: The son of a man named Hidayat was very disobedient and lived apart from his parents in the house of his maternal grandfather. He made half of his house a waqf for the mosque and sold the other half to the mosque for seven hundred rupees, and said: “As long as I am alive I shall spend this money, and when the money runs out the people of the village are responsible for our expenses; whatever amount remains after the preparation for burial and the shrouding is to be put into the mosque.

Answer

If he did not make this waqf during his final illness (marad al-mawt) but before it, and had the mosque take possession of it, then the waqf became valid; and, half by way of sale and half by way of waqf, the whole house has become the property of the mosque, and no heir has any right left in it.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.