Is a waqf of household goods valid?

Question

Question: Zayd, ‘Amr, Bakr and Khalid were four brothers. A division took place in their trade, through which they received movable and immovable property. The business of Zayd and ‘Amr was carried on together for some time. Eventually Zayd made all his things a waqf, to the extent that he also made the household goods (athath al-bayt) a waqf, and in detail, but he did not name one item. Some time later Zayd passed away.

Answer

Household goods (for which there is an established customary practice, ta‘amul, of making waqf) also become waqf; they will not become inheritance and will not be divided among the heirs: [ar]وَلَوْ وَقَفَ الْعَقَارَ بِبَقَرِهِ وَأَكَرَتِهِ صَحَّ، كَمُشَاعٍ قُضِيَ بِجَوَازِهِ، وَمَنْقُولٍ قَصْدًا فِيهِ تَعَامُلٌ لِلنَّاسِ، كَفَأْسٍ وَقَدُومٍ وَدَرَاهِمَ وَدَنَانِيرَ وَقِدْرٍ…

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.