# Can a mosque that was once a waqf never be anything else?

*Muslims crying wolf; the waqf argument and Abu Hanifa on endowments*

- URL: https://muftiabulayth.org/r/a6h5lye4mn8/s/25/
- Date: 2020-07-14 · Kind: lesson · Transcript tier: machine · Recording: Monday Nights with Mufti Abu Layth 173 (1:37:09–1:40:22)
- Status: general teaching
- Watch from the start of the segment: https://www.youtube.com/watch?v=a6H5lYE4MN8&t=5829s
- Recording page: https://muftiabulayth.org/r/a6h5lye4mn8/

**Topics:** The Hanafi school and Imam Abu Hanifa; Public law and governance; Middle East and the wider world

**Summary (not a quotation; machine-made, unchecked):** The waqf argument fails, he says, because Abu Hanifa held that an endowment can be overturned, a view Hanafis drop when it does not serve power.

**Checked position (checked by two independent reviews, not by the channel):** Mufti Abu Layth says Abu Hanifa himself held that a waqf is not perpetual and can be overturned.

**Evidence, his words at 1:37:47:** “he says that yes you can donate the benefits of something but it will always remain you know you can always overturn” (https://www.youtube.com/watch?v=a6H5lYE4MN8&t=5867s)

## Longer summary

Mufti Abu Layth says this right-wing turn is found not only among Hindu nationalists, Trump supporters and far-right Zionists but among Muslims, who then cry wolf when the same is done to them. He reports the reply that it will remain a museum as well as a mosque, and the argument that as a former mosque it was a waqf, which can never be overturned. He says those arguing are Hanafis, yet Abu Hanifa himself held that an endowment can be overturned, one donating only its benefit; Hanafis abandon him here because it does not serve those in power or the clergy, who drew much of their money from endowments, though he grants that endowments were a helpful financial system. He repeats that it is a great mistake that will let Zionists and Hindu nationalists go up a notch.

## Sources and names cited

- Abu Hanifa
- waqf (endowment)
- Hanafi school
- Donald Trump
- the reconversion of the Hagia Sophia to a mosque

## Transcript (machine tier, 1:37:09–1:40:22)

[1:36:29] by that argument to take down what is it much the locks on converted why doesn't it by that argument by the principle of Thrasymachus it's veil and their legal rights the courts have ruled and they've got the power and it was first of all Temple of Solomon before it was any Masjid so yeah so I I feel that this is you know part of this is the right-wing fascism that is rising in the world today and it's not just Hindu Nationals it's not just Trump supporters it's not just

[1:37:08] far-right Jewish Zionists it's also Muslims as well who are doing exactly the same thing except they're coming back crying wolf when you know when it's being done against Muslims so I would say look just think these things through for God's sake that you do you really need a must and people say well it's still gonna be a museum but it's gonna be a Masjid as well Wow you know and oh and when it was a Masjid it was a walk I heard this one guy say when it was a mercy there was a walk and endowment and a walk can never

[1:37:47] be overturned a cha cha cha and Abu Hanifa the body abou what about honey for used to say and keeping in mind that they are Hanafy and with the method although they disavow honey for on this later on they forget him as well you see look at the power of politics huh when Abu Hanifa himself the founding father of his med hub he says there's no such thing as what okay you can rock face an endowment that you can never be overturned he says that yes you can

[1:38:25] donate the benefits of something but it will always remain you know you can always overturn and then obviously they walk away from abba Hanif on this because it doesn't serve the interest of the polity it doesn't serve the interest of the powers that of those that are in power it doesn't serve the interest of the clergy who used to get a lot of their money from the endowment and I'm not saying the endowments are a bad thing they are a financial system that was very helpful but the reason the scholars were so behind it was because it was through

[1:39:02] endowments that they got their money so you know and and this is a fine example despite almost worshiping you know I use that term loosely imam abu hanifa the hanafis yet on this they throw him under the bus you know who's about honey for so what if he said this is the hanafis will say so what if he said you think a cha cha cha and all this other time when we're saying all these things you're like no but imam a mommy Azzam a mommy azam abu honey honey you know one of our teachers he used to be like him our mobile a new funny guy my

[1:39:42] mom about on Eva and here they throw him under the bus because he doesn't serve the church Ching but this is my point anyway so look this thing I feel it has already now become a Masjid but it is a great mistake because tomorrow you know you you go up a notch then Zionism will go up a notch they will take it take Jerusalem exactly as they want it India fascist Hindus will take it up a notch they've already built from and didn't I haven't they they've got ramen did and now they get

## Cite

Mufti Abu Layth Archive, segment a6H5lYE4MN8/s/25. https://muftiabulayth.org/r/a6h5lye4mn8/s/25/

Not a fatwa: these answers were given to specific people at specific times. Ask a qualified scholar about your own situation.