How much land is deemed waqf when the waqif did not fix its boundaries; animal filth once it has dried

Question

Question: We have an Eidgah (open ground for the Eid prayer) in which people have been performing the Eid prayer since olden times. Later a dispute arose about this land: was it one bigha (a local measure of land area) or half a bigha? The waqif (endower) has died; his children and relatives say the land was half a bigha, but the ordinary people of the village point out its boundaries in length and breadth, within which it comes to roughly one bigha, or a little less, or a little more.

Answer

Since there is no waqf deed, no markers have been placed on this land by way of demarcating boundaries, and there is no one who testifies that the waqif made the waqf by telling us “from here to there,” then in such a situation whatever portion the waqif’s heirs state to be waqf for the Eidgah is what will be accepted as waqf.

Source: Fatawa Mahmudiyya

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