Waqf Made with the Word “Hiba” (Gift)

Question

Is a waqf valid when made with the word “hiba” (gift), or not? If not, then why?

Answer

In al-Bahr al-Ra’iq (vol. 5, p. 190) the words by which a waqf becomes valid have been collected. They are twenty-seven words, and the word “hiba” (gift) is not among them. In hiba one ends one’s own ownership and brings the gifted thing into the ownership of the recipient (mawhub lahu); this does not happen in a waqf. Hence a waqf will not be valid with the word “hiba”.

Source: Fatawa Mahmudiyya

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