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Shiavault - a Vault of Shia Islamic Books Islamic Laws of Ayatullah Khui Orders Regarding Endowments Or Trust 2685. If a person makes something as a trust (Waqf) it ceases to be his property and neither he nor anybody else can either make a gift of it to any person or sell it. Moreover, no one can also inherit anything out of it. There is, however, no harm in selling it in some circumstances as mentioned in Article 2102 and 2103. 2686.

It is not necessary to utter the formula of endowment in Arabic. On the other hand if, for example, a person says: "I have endowed my house", and the person in whose favor the endowment has been made or his representative or guardian says: "I have accepted it" the endowment is in order. Rather, endowment can also be proved by action.

For example, if a person leaves a mat in the masjid with the intention of endowing it or constructs a building with the intention of its being a masjid and places it at the disposal of the devotees, the endowment will be proved. And in the case of public endowment like masjid, school etc. which are endowed upon the general public or are endowed upon the indigent persons and the sayyids, it is not necessary for their being accepted by someone to be in order. 2687.

If a person specifies a property for endowment, but regrets before uttering the formula, or dies, the endowment does not take place. 2688. If a person endows a property he should endow it for ever from the time of uttering the formula, and if, for example, he says: "This property will stand endowed after my death" the endowment is not in order, because it does not cover the period from the time of uttering the formula till the death of the person concerned.

Furthermore, if he says: ''This property will remain endowed for ten years and will not be endowed thereafter" or says: "It will be endowed for ten years and thereafter it will not be endowed for five years, and will become endowed again after the expiry of that period", the endowment is not in order. 2689. An endowment is in order when the property which has been endowed is placed at the disposal of some person or his representative or guardian.

However, if a person endows something upon his minor children, and looks after it on their behalf with the intention that it may become their property, the endowment is in order. 2690. What is apparent is that in the case of public endowments like schools, masjid etc. possession is not a precondition for the validity of the endowment.