A Strong Opposition to Cash Waqf Practice in the Ottoman Empire: Imam Birgiv？'s Opinions Against Cash Waqfs

Waqfs are charities that constitute one of the important elements of Islamic civilization. The scope of activities of the foundations expanded in the historical process and the application of cash waqfs in the Ottoman period became widespread in a short time. In principle, a waqf can only be established based on real estate property. For this reason, serious debates arose about cash waqfs especially in the period of Kanuni, the thesis and anti-theses were put forward in the treatises written by the ulema such as Ebussu？d Efendi (d. 982/1574) and ？ivizade Muhyiddin Mehmed Efendi (d. 954/1547). Imam Birgiv？ (d. 981/1573), was a young madrasa student during the time when the discussions were intense. Although the subject was decided in favor of the cash waqfs with the order of Kan？n？ in 1548, he opposed this practice in the works and treaties he wrote in the following years. Our study, after discussing the fiqh related and historical background of the subject, and the parties of the previous debates, will try to put forward the opinions and criticisms of Imam Birgiv？ on the subject within the frame of his four treatises on this subject