Is a waqf irrevocable?

The rule: no going back

The majority (Abu Yusuf and Muhammad among Hanafis, and the retained view with them, Malikis, Shafiites, Hanbalis) rejects any revocation once the waqf is formed: the property is no longer sold, gifted or inherited. The base proof is Umar's Khaybar waqf, ordered by the Prophet (peace and blessings of Allah be upon him), followed by the Companions' unanimity: Abu Bakr, Umar, Uthman, Ali, Talha, az-Zubayr, Aisha, Zayd ibn Thabit, Rafi' ibn Khadij, Khalid ibn al-Walid, Jabir, Ibn Umar, Umm Salama and Hafsa all endowed property, with no disagreement reported. Jabir even states: « No Companion able to endow property remained without consecrating it. »

Umar's own words

al-Tahawi reports from Umar: « Had I not already mentioned my waqf to the Messenger of Allah, I would have taken it back. » al-Qurtubi's word settles it: « Revoking the waqf contradicts consensus and merits no consideration. » Ibn Hajar notes however that Umar's chain is interrupted and his words may also be read as confirming that only the pledge made before the Prophet stopped him from returning.

Abu Hanifa's view

Abu Hanifa holds the waqf non-binding and remaining with the founder, revocable and sellable; it binds only in three cases: if a judge rules on the dispute; if he suspends the waqf upon his death, making it a bequest within the third of his estate; if he makes a property a mosque separated from his estate by opening prayer to the people. In his view, delivering the property to the manager completes the binding; otherwise the founder keeps his property.

Practical note

The Companions' practical consensus and the wording « retain its principle » ground the irrevocability held by all schools except the pure Hanafi case; a founder wishing to keep control prepares it through valid conditions during his life rather than through a revocation the Law does not open.