The Ruling on a Waqf (Endowment) Contingent on Death

The questioner:
The questioner asks, may Allah grant you success: What is the ruling on a waqf contingent on death, such as when a person says, “This is a waqf after my death”?

The Shaykh:
Its ruling is the ruling of a bequest. It is valid, and its ruling is the ruling of a bequest, coming out of one-third. Yes.

The questioner:
And the late Shaykh Abu Hatim said, if I bequeath the orchard.

The Shaykh:
Because a waqf is of two types: a waqf that takes effect during one’s lifetime. This becomes a waqf from the moment of the contract, from the moment the waqf contract is made, and it exits from his ownership. The second is a waqf contingent on death; this takes on the ruling of a bequest, and the rulings of a bequest are applied to it. Yes.

Another questioner:
But if he waqfs the wealth. In the case of

The Shaykh:
It is valid for him to waqf all his wealth during his lifetime, but it is not the most preferable or the best. Yes.