The Legal Ruling Regarding Books Obtained from a Ministry of Awqaf
31-12-2025 | IslamWeb
Question:
As-Salaamu Alaikum WWI trust you are well.I recently received some books from the Awqaf Ministry. It is written on the cover of the books, "For free distribution, not for resale". Furthermore, it is also written "awqaf" on the books.My question: Are the books Waqf or do I own the books?ShukranWas-Salaam
Answer:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
If possible, you should refer to the entity from which you received the books to inquire about the true nature of the agreement: whether it constitutes ownership of the books themselves without any condition or restriction, or ownership of their benefit, or merely the right to use them. Their statement is the decider in this matter.
If it is not possible to refer back to them, or if they themselves are not certain about the matter, then what appears to be the case is that these books are an endowment (Waqf). This is because Waqf is established not only by explicit wording, but also by allusive wording when accompanied by an indication that points to endowment, such as mentioning on the book that it is not to be sold. Ibn Qudamah 
said in Al-Mughni: “As for allusive wording..., it is not explicit..., and no established customary usage has been proven for these expressions, so an endowment is not established by them alone, just as with allusive statements of divorce. However, if one of three matters is added to them, the endowment is thereby established... the second is that he describes it with the characteristics of Waqf, such as saying: ‘charity, it is not to be sold, nor gifted, nor inherited'. This is because this indication removes ambiguity.” [End of quote]
Furthermore, the meaning of Waqf here is that whoever fulfils the condition set by the endower and actually receives the book, is entitled to the right to benefit from it. As for ownership of the book itself, this is determined by the condition stipulated by the endower.
The Permanent Committee for Fatwa has issued a ruling stating: “What is distributed free of charge in the form of books and tapes by donors and charitable institutions is considered an endowment (Waqf); therefore, it is not permissible to sell it or trade in it, and whoever no longer needs it should pass it on to someone who is in need of it.”
Allah knows best.