SUB-PART ONE
Unit Two
Gifts
Al-Hibāt
Al-Hibeh – according to the scholars' terminology – is specific to the owner giving his own assets in his life to someone else for free; for this they detailed the rulings under ‘Hibah’ (gift). However, since this ‘free’ giving is not limited to this transaction, but other transactions are also of that sort, we thought it more appropriate to include in this sub-part both hibah and others, giving it the title ‘Hibāt’ (gifts), thus making it cover hibah as in its meaning mentioned above and ‘āriyeh (loan), wasiyyeh (will) and waqf (entailment). This is because the ‘āriyeh is a gift (hibah) of the benefit, the wasiyyeh is a gift (hibah) of both the asset and benefit or the benefit alone, but only after the giver’s death, and the waqf is taking the owner's asset out of his ownership, entailing the asset and rendering it unavailable for transfer to others and giving as gift (hibah) its benefit, for good or charitable causes, to all people or to a particular type of them. These are the transactions the rulings of which we shall explain in several sections.
Section 1: The gift (Al-Hibah)
Section 2: The loan
Section 3: The will (Al-Wassiyyah)
(A) Types of wills
(B) The form (Assighah) of the will
(C) Conditions for the person
making the will ( Almussi, the testator)
(D) The persons towards whom the will is directed
(E) The amount of things given in the will
(F) The executor (al-Wassi)
Section 4: Entailment (Al-Waqf)
(A) Types of waqf and its form
(B) Basic elements of the waqf
(C) The person making the waqf/entailer (al-Wāqif)
(D) The asset made waqf
(E) The beneficiary
(F) Disposal of the waqf
Epilogue: entailment and its 'sisters'
SUB-PART ONE
Unit Two
Gifts
Al-Hibāt
Al-Hibeh – according to the scholars' terminology – is specific to the owner giving his own assets in his life to someone else for free; for this they detailed the rulings under ‘Hibah’ (gift). However, since this ‘free’ giving is not limited to this transaction, but other transactions are also of that sort, we thought it more appropriate to include in this sub-part both hibah and others, giving it the title ‘Hibāt’ (gifts), thus making it cover hibah as in its meaning mentioned above and ‘āriyeh (loan), wasiyyeh (will) and waqf (entailment). This is because the ‘āriyeh is a gift (hibah) of the benefit, the wasiyyeh is a gift (hibah) of both the asset and benefit or the benefit alone, but only after the giver’s death, and the waqf is taking the owner's asset out of his ownership, entailing the asset and rendering it unavailable for transfer to others and giving as gift (hibah) its benefit, for good or charitable causes, to all people or to a particular type of them. These are the transactions the rulings of which we shall explain in several sections.
Section 1: The gift (Al-Hibah)
Section 2: The loan
Section 3: The will (Al-Wassiyyah)
(A) Types of wills
(B) The form (Assighah) of the will
(C) Conditions for the person
making the will ( Almussi, the testator)
(D) The persons towards whom the will is directed
(E) The amount of things given in the will
(F) The executor (al-Wassi)
Section 4: Entailment (Al-Waqf)
(A) Types of waqf and its form
(B) Basic elements of the waqf
(C) The person making the waqf/entailer (al-Wāqif)
(D) The asset made waqf
(E) The beneficiary
(F) Disposal of the waqf
Epilogue: entailment and its 'sisters'