What is the ruling on a person borrowing money to purchase a house in the name of the mosque so that it becomes one of its facilities, then registering it in his own name? And to whom does this house belong?
A waqf (endowment) is not binding merely by intention, but rather by explicit verbal declaration or an action indicating it, such as building a place for prayer within it. The majority of jurists hold that a waqf becomes binding as soon as it is issued by the endower, provided its conditions are met, and it cannot be revoked. This is based on the Prophet's (peace be upon him) saying to 'Umar: "Donate its core, so that it is neither sold, nor gifted, nor inherited." However, Abu Hanifa is of the view that it is permissible (jā’iz) but not binding (lāzim), though the fatwa among the Hanafis follows the opinion of Abu Yusuf and Muhammad, which states its binding nature. Therefore, if the endower explicitly declares the house as a waqf for Allah, it is not permissible for him to revoke it, and he must fulfill his promise.
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