الْوَقْفُ وَالصَّدَقَةُ الْجَارِيَةُ وَالْوَصِيَّةُ

Ongoing charity (ṣadaqa jaariya) The Prophet ﷺ said: "When a person dies, his deeds come to an end except for three: an ongoing charity, knowledge from which benefit is drawn, or a righteous child who prays for him" (Muslim 1631). Ongoing charity is that whose benefit lasts after death: a well, a mosque, a school, a book, a tree, and above all waqf.

Waqf: the origin 'Umar ibn al-Khaṭṭaab received land at Khaybar, the most precious of his possessions. He asked the Prophet ﷺ what he should do with it. The Prophet ﷺ told him: "If you wish, lock up its principal and give its produce in charity." 'Umar made it a charity: the land would not be sold, given away or inherited, and its income would go to the poor, relatives, slaves to be freed, the path of Allah, travellers and guests (Bukhari 2737, Muslim 1632). 'Uthmaan, for his part, bought the well of Ruuma and made it available to the Muslims [À VÉRIFIER : référence].

The main rules • The principle: one "locks up" an asset (the principal) and gives its income. The principal is neither sold, nor given away, nor inherited. • The asset must last and produce a benefit: a building, land, a lawful investment fund. • The donor sets the beneficiaries and the conditions; these conditions are respected as long as they are lawful. • Waqf is in principle perpetual and irrevocable according to the majority; the Maliki school accepts a waqf for a limited period [À VÉRIFIER]. • Cash waqf (investing a sum and giving its income, or lending it without interest): accepted by the Malikis and some Hanafis, discussed by others; the International Islamic Fiqh Academy has accepted it [À VÉRIFIER : référence]. • Difference from zakaat: zakaat makes the poor an owner; waqf keeps the principal and shares the income. This is why mosques, schools and cemeteries are funded by waqf or ṣadaqa, not by zakaat (lesson 9).

Waqf today, in Canada • Contributing to the endowment fund of a centre or mosque, whose capital is invested lawfully and whose income funds its activities. • Giving towards part of a building (a "brick", a carpet, a Qur'an) with the intention of ongoing charity. • Setting up, with a notary or lawyer, a family foundation that respects the rules of waqf and provincial law [À VÉRIFIER : formes juridiques possibles]. Before giving for a waqf, it is good to know how the organisation protects the principal and what the income is used for.

The will (waṣiyya) • In Islam, inheritance is divided according to shares fixed by the Qur'an (4:11-12, 4:176); the will allows one to give in addition, to people who are not heirs or to good causes, up to one third of one's assets. Sa'd ibn Abi Waqqaaṣ wanted to give everything; the Prophet ﷺ told him: "One third, and one third is a lot. It is better to leave your heirs rich than to leave them dependent, holding out their hands to people" (Bukhari 2742, Muslim 1628). • One does not make a bequest in favour of an heir, except with the other heirs' agreement ("no bequest for an heir") (Abu Daawuud 2870, At-Tirmidhi 2120) [À VÉRIFIER : numéros]. • Debts come before everything, including unpaid zakaat, according to the majority [À VÉRIFIER]. • It is recommended not to let two nights pass without having written one's will if one has something to bequeath (Bukhari 2738, Muslim 1627).

The will in Canada Without a will, the province's rules apply, and they do not follow the shares of Islamic inheritance. Many Muslims therefore make a will that complies with provincial law and asks, to the extent permitted, that the assets be divided according to Islamic rules, with the help of a lawyer or notary and of the imam for calculating the shares. The centre can point to resources [À VÉRIFIER : ressources du centre]. A will may also include a bequest to a waqf or an organisation, within the limit of one third.

The text: Surah Aal 'Imraan (3), verse 92 لَنْ تَنَالُوا الْبِرَّ حَتَّىٰ تُنْفِقُوا مِمَّا تُحِبُّونَ ۚ وَمَا تُنْفِقُوا مِنْ شَيْءٍ فَإِنَّ اللَّهَ بِهِ عَلِيمٌ ﴿٩٢﴾

The text: Surah Al-Munaafiquun (63), verse 10 وَأَنْفِقُوا مِنْ مَا رَزَقْنَاكُمْ مِنْ قَبْلِ أَنْ يَأْتِيَ أَحَدَكُمُ الْمَوْتُ فَيَقُولَ رَبِّ لَوْلَا أَخَّرْتَنِي إِلَىٰ أَجَلٍ قَرِيبٍ فَأَصَّدَّقَ وَأَكُنْ مِنَ الصَّالِحِينَ ﴿١٠﴾

Meaning: 3:92: "You will not attain righteousness until you spend of what you love. And whatever you spend, Allah knows it perfectly." 63:10: "And spend of what We have provided you before death comes to one of you and he says: My Lord, if only You would grant me a short delay, I would give charity and be among the righteous." When verse 3:92 was revealed, Abu Ṭalḥa gave in charity his garden of Bayruḥaa', the possession he loved most, and the Prophet ﷺ advised him to give it to his relatives (Bukhari 1461, Muslim 998) [À VÉRIFIER : numéros].

Arabic text: Tanzil Quran Text (Simple, version 1.0.2), © 2008-2010 Tanzil.net, Creative Commons Attribution 3.0 licence, reproduced without any change (http://tanzil.net). Each verse is on its own line, followed by its number; the basmala, which the Tanzil file places at the start of the first verse, is written on its own line.

Understanding the lesson

Explanation Waqf is an invention of Muslim generosity: instead of giving once, one gives forever. 'Umar turned his best land into a source of income for the poor; for centuries, waqfs funded mosques, schools, hospitals, fountains, and even the care of animals. In Canada, the endowment funds of centres take up this idea. The will completes this picture: your heirs have shares fixed by Allah, and you may, in addition, devote up to one third to other people or to good causes. The hadith of Sa'd balances the two: being generous to good causes, without leaving one's heirs in need. Verse 63:10 recalls the urgency: many put things off. Writing one's will and taking part in an ongoing charity are acts to do while one is alive and in good health.

Lessons to draw from it • Take part, even modestly, in an ongoing charity: endowment fund, book, well, tree. • Write your will, in line with your province's law, with the help of a professional and the imam. • Consider a bequest to a good cause within the limit of one third. • Note your debts, including late zakaat, so that they are paid. • Give of what you love, like Abu Ṭalḥa.

Key points to remember • Three deeds that continue: ongoing charity, useful knowledge, righteous child (Muslim 1631). • Waqf: lock up the principal, give the income ('Umar at Khaybar, Bukhari 2737, Muslim 1632). • Waqf funds buildings; zakaat goes to persons. • Will: up to one third, not for an heir (Bukhari 2742, Muslim 1628). • In Canada: a will that complies with provincial law is needed to respect the Islamic shares.

The main message What you lock up for Allah keeps benefiting you after your death: take part in an ongoing charity and write your will while there is still time.