Waqf after death

Question

Question: If someone makes a bequest that after his death a certain immovable property is to be regarded as a waqf, has this waqf become valid?

Answer

This waqf too is valid, but it has the status of a bequest, that is, it takes effect within one third of the estate: [ar]أَوْ يُعَلِّقُهُ بِمَوْتِهِ بِأَنْ يَقُولَ: إِذَا مُتُّ وَقَفْتُ دَارِي عَلَى كَذَا، ثُمَّ مَاتَ، صَحَّ وَلَزِمَ إِنْ خَرَجَ مِنَ الثُّلُثِ اهـ[/ar] “Or he makes it contingent upon his death by saying: ‘When I die, I have endowed my house for such-and-such,’…

Source: Fatawa Mahmudiyya

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