Annulling a waqf

Question

Question: A person made lands and a house a waqf for a certain madrasa. After several years have passed, the same person now wants to annul this waqf and make a bequest in favour of someone else, and he says: “I did not make a waqf for the madrasa,” whereas the text of the waqf deed states explicitly that he no longer has any possession of, or connection with, the endowed lands. The question is: will the waqf be annulled by the said person saying this, or not?

Answer

After a waqf has become complete, there is no right to annul it, nor does any right of disposal as an owner remain in it; that is, the waqif can neither sell it, nor give it as a gift (hiba), nor bequeath it, nor pledge it: [ar]فإذا تم الوقف ولزم لا يملك ولا يملّك ولا يعار ولا يرهن[/ar] “So once the waqf is complete and binding, it is not owned, not transferred into ownership,…

Source: Fatawa Mahmudiyya

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