Question 1399) - What is the ruling of a water-source [e.g. well], hostel for travellers, hospice or graveyard?

A: According to Imaam Abu Hanifah RAH. these remain his property until the court rules otherwise. According to Imaam Abu Yusuf RAH. his ownership terminates when he says he made these Waqf. According to lmaam Muhammed RAH. when he gives people water from his water-source; or when the people start living in the hostel and hospice; or they bury the dead in the graveyard; then his ownership is terminated.

~ al-Quduri ~