A Case of Liability for Donations; Donations Do Not Become Waqf

Question

The public collected money as donations for building a mosque. From it, some money was given to Zayd to buy items for the mosque. Zayd bought the item from ʿAmr and brought it, but the public did not like it. Zayd went to ʿAmr to return the item. ʿAmr said, “I have no money at the moment; come another time and take the money.” At that point Zayd said to ʿAmr, “Give this money by the hand of Bakr.” ʿAmr gave the money to Bakr. When the money did not arrive, Zayd came to ʿAmr again.

Answer

In the case asked about, this money is a liability owed by Zayd, that is, the public may recover it from Zayd, and Zayd from Bakr. Donated money does not become a waqf, so it cannot be included in the endowed property. However, if with this money some item that can be endowed is bought and made a waqf for the mosque, that item will be a waqf.

Source: Fatawa Mahmudiyya

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