Making One’s Book a Waqf for a Madrasa
Question
Someone made books and the like a waqf for a madrasa, writing: “After me these books are a waqf for Madrasa Bayt al-‘Ulum, Sarai Mir.” Is it then necessary to give them to that very madrasa, or may he give them to another madrasa? If he gives them to another poor person, will he not be sinful? Secondly, may a person who owns the nisab (sahib al-nisab) make anything a waqf or not? I wrote on one book that this book is a waqf for Madrasa Bayt al-‘Ulum, and later I crossed out the name of the madrasa.
Answer
Saying or writing that after one’s death a book is to be a waqf for a madrasa is a bequest (wasiyya); fulfilling it within one third of the estate is necessary. In such a case, if he wishes to revoke the bequest, he has that right. [ar]شَرْطُهُ شَرْطُ سَائِرِ التَّبَرُّعَاتِ، وَأَنْ يَكُونَ مُنَجَّزًا لَا مُعَلَّقًا إِلَّا بِكَائِنٍ، وَلَا مُضَافًا (الدر المختار).
Source: Fatawa Mahmudiyya
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