Building Practices in Light of Mamluk Endowment Documents ∗

Mamluk endowment deeds are one of the substantial primary sources that provide us
with information about various building practices that are not given enough attention by other
sources. The majority of modern studies that are based on deeds focus on artistic and
structural analysis of Mamluk foundations as well as functionality and patronage. They trace
the history of the decorative styles and patterns and the technical features of structural
elements giving little attention to builders and their role in building practices.
One exception is Dina Ishak’s study of the endowment system and its relation to
maintenance and repair activities using examples from Mamluk waqf deeds. 1 She aims to
highlight the benefits that could be gained from the study of waqf documents with respect to
protecting the built heritage of modern Cairo. Therefore, her paper looks at maintenance
practices. Waqf deeds of sultan Qalāwūn (r. 1279-1290), sultan Barsbay (r. 1422-1438) and
sultan al-Ghūrī (r.1501-1516) are examined to show how they stipulate keeping the
foundations in good order and regularly repaired. In these examples, the founder states that
the supervisor (nāẓir) has to appoint building craftsmen to maintain the foundation. For
instance, sultan al-Ghūrī specifies the tasks that the marble mason should fulfill; he had to
inspect the marble of the school and the dome on regular basis and do whatever is needed to
fix and return the pieces that were about to fall to their original place. 2 Since Mamluk deeds
are able to yield more aspects of building practices, they can be taken further with regard to
other roles that builders played in endowed properties.
This paper looks at the building activities that were assigned to the alienated
(mawqūf) properties using specific examples from the Mamluk period. The study will go over
the different building craftsmen’s practices in light of archival deeds to show the craftsmen’s
roles and the regulations they had to follow. It will then focus on the link between building
craftsmen’s activities and the sultanate representatives and its impact on the building
profession during the Mamluk period.
I choose to focus on endowment buildings because they are well documented and any
action taken to exchange, restore, extend building or carry on an inspection report is
documented as well. Although the surviving documents are much less than the documents
that Mamluk Sultanate left behind, they are able to enhance the modern understanding of

∗
Amenah Abdulkarim, PhD student at Queen Mary University of London.
1
Dina Ishak Bakhoum, ‘The Waqf System: Maintenance, Repair, and Upkeep’, in Pascale Ghazaleh (ed.), Held in
Trust: Waqf in the Islamic World (Cairo and New York: The American University in Cairo, 2011), pp. 179-196.
2
Ibid., p. 185.

1
builders’ roles during the Mamluk time. They explain the procedures and regulations that
controlled the architectural practices in this kind of properties, and thus it could be considered
an indicator for general practices in the profession. Further, few surviving documents of
building and demolition’s permission add another aspect of governance the building
profession during the Mamluk period.
The deeds, on which this study relies, fall in two groups. The first group 3 was found
in Dar al-Wathaiq al-Qawmiyyah’s Archive in Cairo, their date ranges from 865/1460 to
912/1507. This group includes variety of deeds: building permission, endowment deed,
inspection report and exchange deed (istibdāl: exchange or sale of an alienated property that
is no longer profitable in order to allow the endower to substitute for it another lucrative
estate). The second group 4 was found in the archive of Ministry of Endowments in Cairo.
Their date ranges from 711/1311 to 906/1500, and they include documents types of renting
permissions and exchange deeds.
Building craftsmen played an essential role in keeping the endowed properties
functional. Their roles range from the very early stage of building the endowed foundation to
maintaining, inspecting, restoring and estimating values in cases of exchange and calculating
the restoration expenses.
Mamluk deeds do not give information on the first stage, building the foundation.
Rather, the endowment deed aims to specify the founder (wāqif); the alienated property(s)
(mawqūf); beneficiaries
(mawqūf ʽalayhi) which
could be founder’s family,
the Muslim community and
poor people or public utilities
such as mosques, schools,
hospitals, graveyards and
drinking fountains. The deeds
also specify revenue and
expenditures. Craftsmen’s
roles in building new

foundations are discussed in Figure 1: The complex of sultan al-Ẓāhir Barqūq (788/1386) (photo: author)

3
Dar al-Wathaiq al-Qawmiyyah/Cairo (DWQ): 106/17, 126/20, 220/35, 221/35, 261/41.
4
Ministry of Awqaf/Cairo (WA): 718j and 701j.

2
literary sources in more detail as chroniclers pay attention to sultans and emirs’ new
foundations. In several cases they tell us when the project had started and how long did it take
to finish the project. Also, if a mason or talented craftsman created a masterpiece or high
quality structural element, the chronicler shows his appreciation by adding few lines about
him and the rewards given by the sultan during the opening ceremony. For example, al-
Maqrīzī talks about the sultan al-Ẓāhir Barqūq (r. 784-801/1382-1399) and his rewards to the
master Shihāb al-Dīn Aḥmad al-Ṭūlūnī 5 and his team of builders and masons who
participated in building al-Ẓāhiriyyah Madrasa. 6
As for the other roles, Mamluk
deeds show aspects of the tasks and
practices assigned to builders. To keep
the foundation in order and well
functioning, the founder had two
options. One was to take out of the
revenue as much money as needed to
maintain and repair the building, and in
this case no specific craftsmen were
assigned as permanent workers in the
foundation. The second was to assign
specialist craftsman(s) such as master
builder (muhandis), carpenter, marble
man and plumber on a permanent basis.
The first option was more common,
examples from archival deeds are: one
Figure 2: The complex of sultan al-Ghūrī (909/1504) (photo: author)
of sultan Qāytbāy’s endowments DWQ
187/28; al-Zaynī Yāqūt’s deed DWQ 204/33; al-Sayfī Qajmās al-Isḥāqī’s deed WA 670j (see
index 1); one of sultan al-Ẓāhir Barqūq’s endowments DWQ 51/- and WA 713j. The second
option was mostly found in big complexes and foundations such as sultan Qānṣuwah al-
Ghūrī’s complex that consists of khānqāh, mausoleum, sabīl-kuttāb, mosque and madrasah. 7

5
Al- Ṭūlūnī is a family of which several members flourished in building craft and took high positions in Mamluk
court during the 9th/15th century.
6
Aḥmad bin Ali al-Maqrīzī, al-Sulūk li-Maʽrifat Duwal al-Mulūk, ed. Saʽīd Abd al-Fattāḥ ʽĀshūr (Cairo: Dār al-
Kutub wa al-Wathāʼiq al-Qawmiyyah, 1971), vol. 8, p. 547.
7
Other examples in light of endowment deeds: Abu al-Maḥāsin Yūsuf- Amīr Ustādār (see index 2) who states
to appoint a marble man and a master builder (miʽmār): deed DWQ106/17; Azdumur min ʽAlī- Amīr Dawādār

3
 In few cases, both alternatives were combined, as the founder specifies to put the
maintenance as the first priority of expenditures, in addition to assigning one or more
building craftsmen to look after the foundation. For example, in 897/1492, al-Nāṣirī
Muḥammad bin al-Zainī Musāfir- Amīr Ākhūr 8 in his private endowment deed states that the
supervisor should start with maintenance, restoration and whatever else is required to keep
his four different buildings, located behind Zuwaylah gate, it in good shape and perpetuate its
utility, even if the revenue was all spent:
‫ ﻋﻠﻰ أن اﻟﻧﺎظر ﻋﻠﻰ ھذه اﻻوﻗﺎف اﻟﻣذﻛورة واﻟﻣﺗوﻟﻲ ﻋﻠﯾﮭﺎ ﯾﺳﺗﻐل ﺟﻣﯾﻊ ﻣﺎ ﯾﺗﺣﺻل ﻣن رﯾﻌﮭﺎ‬..."
‫ﺑﺳﺎﺋر وﺟوه اﻻﺳﺗﻐﻼﻻت اﻟﺷرﻋﯾﺔ ﻓﯾﺑدأ ﻣن ذﻟك ﺑﻌﻣﺎرﺗﮭﺎ وﻣرﻣﺗﮭﺎ وﻋﻣل ﻣﺻﺎﻟﺣﮭﺎ وﻣﺎ ﻓﯾﮫ ﺑﻘﺎ‬
9
"...‫ﻋﯾﻧﮭﺎ و دوام ﻣﻧﻔﻌﺗﮭﺎ وﻟو أﻧﻔﻖ ﻓﻲ ذﻟك ﺟﻣﯾﻊ ﻏﻠﺗﮭﺎ و ﻣﺎﻓﺿل ﺑﻌد ذﻟك ﯾﺻرف ﻣﻧﮫ ﻓﻲ ﻛل ﺷﮭر‬
“… So the supervisor of these mentioned endowments who is in charge, has
to take the advantage of all their revenue for whatever legal benefits. He
should start with building works and restoration, and spendson their interests
to keep them extant and beneficial even if the revenue was all spent.
However much money remained, [he] spends in every month…”
At the same time, he stipulates to spend 1200 dirhams on annual basis for the advantage of
the waterwheel including the carpenter’s wage:
‫"وﯾﺻرف ﻣﻧﮫ اﯾﺿﺎ ﻓﻲ ﻛل ﺳﻧﺔ ﻣن اﻟﺳﻧﯾن اﻟﻌرﺑﯾﺔ اﻟﻣوﺻوﻓﺔ اﻋﻼه ﻣﺎ ﻣﺑﻠﻐﮫ ﻣن اﻟﻔﻠوس اﻟﺟدد‬
‫اﻟﻣوﺻوﻓﺔ اﻋﻼه اﻟف درھم واﺣدة و ﻣﺎﯾﺗﺎ درھم ﻧﺻﻔﮭﺎ ﺳﺗﻣﺎﯾﺔ درھم او ﻣﺎ ﯾﻘوم ﻣﻘﺎﻣﮭﺎ ﻣن اﻟﻧﻘود‬
...‫ﯾوم ذك ﻓﻲ ﻣﺻﺎﻟﺢ ادارة اﻟﺳﺎﻗﯾﺔ اﻟﺧﺷب اﻟﻣرﻛﺑﺔ ﻋﻠﻰ ﻓوھﺔ اﻟﺑﯾر اﻟﻣﺎ اﻟﻣﻌﯾن اﻟﻛﺎﯾن ﺑدرب‬
‫ﯾﺻرف ذﻟك ﻓﻲ ﺛﻣن ﻗوادﯾس ﻓﺧﺎر او طواﻧس و أﻛﻼل و ﺛﻣن ﻣﺳﻣﺎر و أﺟرة ﻧﺟﺎر وأﺟرة ﺳواق‬
10
"...‫وﻏﯾر ذﻟك‬
“to spend [of the revenue] in each year of the Arabian years described above
an amount of the new fils [copper coins] described above one thousand
dirhams and two-hundred dirhams, half of which is six-hundred dirhams, or
its equivalent of money on that day, for the purpose of managing the wooden
waterwheel that is set up on the head of the specified well, located in
road…to be spent on the cost of pottery buckets, coronas, spikes, carpenter’s
wage and waterwheel driver’s wage…”

(see index 1 and 2) who states to appoint a plumber and a carpenter: deed DWQ 241/38 and al-Sayfī Azbak
al-Atābikī min Ṭuṭukh (see index 1) who appoints a marble man and a plumber: DWQ 198/29.
8
See index 2.
9
Dar al-Wathaiq al-Qawmiyyah 183/42 (Hujaj umarā’ wa salāṭīn, film 9), p. 17.
10
Ibid., p. 20

4
 Similarly, sultan Qāytbāy in his endowment deed directs the supervisor to combine
all his alienated properties’ revenue then start with maintaining the assigned charitable
foundations:
‫" ﺷرط أن ﯾﺿم رﯾﻊ ذﻟك ﺑﻌﺿﮫ اﻟﻰ ﺑﻌض و ﯾﺑدأ ﻣن رﯾﻌﮫ ﺑﻌﻣﺎرﺗﮫ وﻋﻣﺎرة ﺟﻣﯾﻊ ﻣﺎ ﺷﻣﻠﮫ اﻟوﻗف‬
11
"...‫اﻟﻣﺳطر اﻋﻼه ﻣن اﻟﺟﺎﻣﻊ واﻟﺳﺑﯾل وﻏﯾر ذﻟك ﻣﻣﺎ ﺗﻘدم وﺻﻔﮫ اﻋﻼه‬
“[Qāytbāy] stipulates that [the supervisor has to] conjoin its revenue together
and start spending on building works for it and all other [endowments]
included in the above-lined [deed]: the grand mosque, sabīl 12 and other
[foundations] that have been described above…”
Besides, he assigns a master builder (miʽmār), a marble man and a plumber for
permanent jobs with salaries on monthly basis:
‫"وﯾﺻرف ﻟرﺟل ﻣن أھل اﻟﺧﯾر واﻷﻣﺎﻧﺔ ﯾﻛون ﻣﻌﻣﺎرا ﺑﺎﻻوﻗﺎف اﻟﻣذﻛورة اﻋﻼه ﯾﺣﺿر ﯾوم اﻟﻌﻣﺎرة‬
‫ﻓﻲ اﻟوﻗت اﻟﻣذﻛور ﻟﯾﺗﻌﮭد اﻟﺻﻧّﺎع ﻓﻲ اﻟﻌﻣل وﯾﺣﺛﮭم ﻋﻠﯾﮫ وﯾﻣﻧﻌﮭم ﻣن اﻟﺑطﺎﻟﺔ و ﻏﯾر ذﻟك ﻣﻣﺎ ﺟرت‬
‫اﻟﻌﺎدة ﺑﮫ ﻓﻲ ذﻟك ﻓﻲ ﻛل ﺷﮭر ﯾﻣﺿﻲ ﻣن ﺷﮭور اﻻھﻠﺔ ﻣن اﻟﻔﻠوس اﻟﻣوﺻوﻓﺔ اﻋﻼه ﻣﺎﯾﺗﺎ درھم‬
...‫ﻧﺻف ذﻟك ﻣﺎﯾﺔ درھم او ﻣﺎ ﯾﻘوم ﻣﻘﺎم ذﻟك ﻣن اﻟﻧﻘود ﻋﻧد اﻟﺻرف ﻣن ﻏﯾر زﯾﺎدة ﻋﻠﻰ ذﻟك‬
‫وﯾﺻرف ﻟرﺟل ﻣن اھل اﻟﺧﯾر واﻟدﯾن ﯾﻛون ﻣرﺧﻣﺎ ﺑﺎﻟوﻗف اﻟﻣذﻛور أﻋﻼه ﻋﻠﻰ ان ﯾﺗوﻟﻰ ﺗرﻣﯾم ﻣﺎ‬
‫ﯾﺣﺗﺎج اﻟﻰ ﺗرﻣﯾﻣﮫ ﻓﻲ رﺧﺎﻣﮭﺎ وﻋﻣل ﻣﺻﺎﻟﺢ ذﻟك ﻋﻠﻰ ﻋﺎدة اﻟﻣرﺧﻣﯾن ﻓﻲ ذﻟك ﻓﻲ ﻛل ﺷﮭر ﯾﻣﺿﻲ‬
...‫ﻣن ﺷﮭور اﻻھﻠﺔ ﻣن اﻟﻔﻠوس اﻟﻣوﺻوﻓﺔ اﻋﻼه ﻣﺎﯾﺗﺎ درھم ﻧﺻﻔﮭﺎ ﻣﺎﯾﺔ درھم او ﻣﺎ ﯾﻘوم ﻣﻘﺎم ذﻟك‬
‫وﯾﺻرف ﻟرﺟل ﺳﺑﺎك ﯾﺗوﻟﻰ ﻋﻣل ﻣﺎﯾﺣﺗﺎج اﻟﯾﮫ ﻣن ﺗرﻣﯾم اﻗﺻﺎب وﻣﯾﺎزﯾب وﻣﺟﺎري ﻣﯾﺎه ﺑﺎﻻوﻗﺎف‬
13
"...‫اﻟﻣﺳﻘّﻔﺎت اﻟﻣذﻛورة اﻟﺗﻲ ﺑﺎﻟﻘﺎھرة اﻟﻣﺣروﺳﺔ وﺑﺎﻟﺻﺣراء‬
“to pay for a man of goodness and honesty [who] would be [a master builder]
miʽmār in the endowments mentioned above, to attend the day of building
[maintenance] at the mentioned time to supervise the craftsmen, encourage
them [to work], prevent [their] idleness and so forth as customary, in every
month that passes of the crescent months, an amount of fils that is described
above [equal to] two hundred dirhams, half of which [is] a hundred dirham,
or whatever money is equivalent at the payment [time] with no more on top
of that… and to pay for a man of goodness and faith [who] would be a
marbler at the above-mentioned endowment, to be responsible for restoration
required for its marble and work for its advantage as is customary for
marblers in this regard, in every month that passes of the crescent months an
amount of fils which described above [equal to] two hundred dirhams, half of
which [is] a hundred dirhams, or whatever money is equivalent… and pay for

11
WA 886q, p. 121.
12
Fountain.
13
Ibid., p. 133.

5
 a plumber to carry out whatever needed to restore pipes, downspouts, water
courses at the above-mentioned roofed endowments in the Guarded Cairo
and the desert…”
In this example, sultan
Qāytbāy emphasizes the importance of
appointing building craftsmen to look
after his foundation that consists of
mosque, mausoleum and sabil-kuttab.
Also, he defines the roles and tasks
that each craftsman should carry out.
All staff to be appointed, including
builders and craftsmen, have to be
known for their good manners and
piety, a condition he repeats for each
position. Specifically, in this text, he
stipulates to appoint a master builder
of a good merit and honesty to attend Figure 3: Sultan Qāytbāy's complex in Cairo's desert
(879/1474) (after K.A.C. Creswell)
the time of maintenance and
restoration, to supervise workers and encourage them to work seriously with no idleness, in
addition to other responsibilities of his peers at that time which come under supervisory role
rather than manual labour. Similarly, the proposed marble man had to be chosen on the basis
of goodness and piety, and had to fulfill his duty to check the foundation’s marble once in a
while and fix whatever needs to be fixed. He was also, to restore the broken down parts and
work for its advantage to keep the marble in good condition. On the same basis, the plumber
had to regularly check the all water pipes and courses to make sure they are functional and in
a proper condition. If any problem occurred in water courses or basins, such as blockage or
breakdown, he had to solve it and replace the damaged parts to keep up the water supply.
The founder’s insistence on choosing honest workers is to guarantee a care of good
quality for his complex and keep it in a proper condition as long as possible to serve the
community and people at whom it was aimed. Consequently, the building craftsmen’s role in
maintaining the endowed foundations was essential and significant that endowment deeds
hardly devoid of taking this into consideration.
Builders, especially master builders (muhandis or miʽmār), had the responsibility to
provide the Sultanate representatives with an inspection report upon request. Deed DWQ

6
126/20 is one of the surviving inspection reports. Its purpose was to inspect the endowments
of sultan Baybars al-Bunduqdārī and estimate the restoration costs. The beginning of this
deed is lost, so it is not clear who asked to carry out this inspection. However, it could be
suggested that the beneficiaries of the assigned endowment raised their request to the chief
judge to take the proper action. The surviving part of the deed shows that the chief judge
forwarded the request to his deputy to commence the procedures of checking the foundation.
The deputy judge in his turn delegated four master builders 14 accompanied by two witnesses
to go and examine four different places of sultan Baybars’ endowments that are located
within Cairo. The assigned four master builders went together to the first place which
consists of rabʽ (an apartment complex where tenants pay rent), shops and caravan. They
went through every single part of the first location to check what needs fixing and restoration,
and then moved together to the second location which seems to be an abandoned house, to do
the same task. Then they did the same for the other two places. After writing down their notes
and defining the parts that need restoration and rebuilding, they calculated the total cost for
building works including materials and wages. They noted that the calculated cost is at the
time of writing their report, but prices change.
This example shows a different setting of the building profession during the Mamluk
time. First of all, it shows that the Mamluk Sultanate through the judge (qāḍī) supervises and
regulates the building practices. It also shows that one or more master builders go themselves
to examine the foundation and write down a report about its condition and the restorations
required, with estimate costs. Further, as certain names are repeated over several deeds, it
could be suggested that those masters might have a position in the Mamluk court to carry out
this and relevant responsibilities. 15
Another aspect of the builders’ tasks is to define the rental value of the alienated
properties if beneficiaries asked for a permission to rent the whole property or part of it. It is
important to differentiate between renting a private property and an alienated property in this
regard. Leasing an alienated property required a report by expert builders who go themselves
to examine and check the property to specify the rental fare, while leasing a private property,
as documents show, did not require that action. It seems that the rental fare for a private
possession was left to be agreed by the landlord and the tenant with no need to be supervised
and regulated by the court. On the other hand, the endowed properties including public

14
Their names as appeared under their signature: Ibrahīm bin ʽAbd Allah bin Yūsuf, Ibrahīm bin Ḥasan, Abū
Bakr bin Muḥammad al-Muhandis and Aḥmad bin ʽAlī al-Muhandis.
15
Compare deeds: DWQ 125/20, DWQ 126/20 and WA 537j

7
institutions required a different way to deal with because of its philanthropic nature where
honesty and precision have to be guaranteed. Since this kind of charity deeds is aimed at
welfare of people and community, it is important to do whatever needed to perpetuate its
benefit for both the founder (he gets a reward by Allah) and beneficiaries (services for their
advantage). So, regulation through the judge’s control was seen as necessary. Back to private
transactions leasing or selling, its affect falls only on its both ends and no philanthropic intent
appears. For instance, private leasing deed WA 701j 16 between al-Zaynī Abu Bakr Muzhir al-
Anṣārī and Abu Bakr bin Ramaḍān Qāsim in 791/1389 shows that the rental fare is defined
by both sides’ agreement with no involvement of an expert builder. This is not the situation
when 18 shops out of Abu al-Ḥajjāj and Ibn Malakshū’s endowment property were requested
for rent. The tenant and the endowment’s supervisor raised their request to the judge court
who delegates honest experts in building profession to examine the building and define its
rental value:
‫"و ذﻟك ﺑﻌد اﻛﺗﺗﺎب ﻣﺣﺿر ﻣﺻﯾر اﻟﻌدول ﺷﮭود اﻟﻘﯾﻣﺔ أرﺑﺎب اﻟﺧﺑرة ﺑﺎﻟﻌﻘﺎر وﺗﻘوﯾﻣﮫ اﻟﻣﻧدوﺑﯾن ﻟذﻟك‬
‫ﻣن ﻣﺟﻠس اﻟﺣﻛم اﻟﻌزﯾز ﺑﺎﻟدﯾﺎر اﻟﻣﺻرﯾﺔ اﻟﻰ ﺣﯾث اﻟﻣﻛﺎن وﻛﺷﻔوه و ﺣرروا اﻟذرع اﻟﻣذﻛور ﺑﺄﻋﺎﻟﯾﮫ‬
‫و ذرع اﻟﻣﺳﺗﺛﻧﻰ ﺑﮫ ﻣﻧﮫ و ﻗﺎﻟوا أن اﻟﻘﯾﻣﺔ ﻋن أﺟرة أرض اﻟﻔﻧدق ﺑﻛﻣﺎﻟﮫ ﺧﻼ اﻟﻣﺳﺗﺛﻧﻰ ﺑﮫ و ھو‬
‫ ﺳﺑﻌﺔ وﻋﺷرون أﻟف‬17 ‫ ﻣﺎ ﻣﺑﻠﻐﮫ ﻋن ﺟﻣﯾﻊ اﻟﻣدة اﻟﻣذﻛورة ﻣن اﻟدراھم اﻟﻧﻘرة‬... ‫أرض اﻟﺣواﻧﯾت‬
18
"...‫ و أن ذﻟك أﺟرة اﻟﻣﺛل ﯾوﻣﺋذ‬...‫درھم ﻧﻘرة‬
“and this [contract was drawn up] after the writing of a report by honest
witnesses expert in real estate and its value, who were delegated by the
honored judicial court of the Egyptian lands, [who] went to the place and
examined it and measured the aforementioned area and measured the
excluded area. They said that the rental value of all the inn’s area excluding
shops’ land…for the whole period [30 years] is the sum of twenty seven
thousand naqirah dirhams… and this is the same value as of equivalent
[property] at this time…”
In this case, the judge delegated honest and expert builders to check the property and
write down a report about its condition and the suggested rental fare. Those assigned builders
had to be honest, and familiar and up to date with the market value of lands and properties,
and had to be experts in buildings of different types. These are two fundamental criteria that
the assigned master builder had to meet for this kind of task because the judge relies on their
report. To guarantee a prudent decision, the judge needs a reliable source to get the

16
Published by ʽAbd al-Laṭīf Ibrāhīm in Umdurman Islamic University Journal, no. 2, 1969.
17
Dirham with silver ratio of 2/3.
18
WA 718j.

8
information he needs. In this deed, the beneficiaries asked the judge to determine the renting
value for part of their endowment. The judge in his turn delegated expert builders to examine
the property and give the market value of renting a property with equivalent specifications.
The experts went to the property and took the measurements and examined its condition, then
wrote their report with the suggested rent fare for a period of thirty years.
Normally, choosing at least two or more honest expert builders to go for checking was
fundamental in all petitions raised to the judge to issue his decision. Since the chief judge
supervises this process, the process follows the procedures of Islamic low as all Islamic
contracts / deeds (muʽāmalāt) require two honest men witnesses.
Master builders’ presence was also required in the process of exchanging
endowments. Were the foundation not to produce enough revenue to cover the assigned
expenditures, it could be exchanged with another one of higher revenue or sell it and buy
with its money another building or a share in a sufficiently high revenue source. In both cases
it is essential to:
1- Report on the foundation’s condition to demonstrate that its revenue is reduced
partially or completely and not able to cover its expenditures anymore. If not, it is
not allowed to be exchanged.
2- Define the market value of the foundation, either to be exchanged with an
equivalent one that has higher revenue, or to be sold in order to buy another one
on the basis of the founder’s terms that sustains the outlays and more
advantageous for the beneficiaries.
When the endowment’s supervisor notices the reduction in the revenue, he raises a
petition to the judge court to delegate honest experts in building profession to carry out this
mission. After examining the foundation, the experts write a detailed report including their
observation then submit it to the judge who copies or includes parts of the report in his
decision deed. Deed DWQ 261/41 says:
‫ زوج‬20 (...) ‫اﻟﻣﺳﺗﺣﻘﯾن ﻟوﻗف ﻓﺎطﻣﺔ ﺑﻧت‬...‫ اﻟﻘﺻﺔ اﻟﻣﻠﺻﻘﺔ أﻋﻼه اﻟﻣﺗﺿﻣﻧﺔ‬19 ‫ﻟﻣﺎ ُرﻓﻌت اﻟﯾﮫ‬... "
‫اﻟﻣرﺣوم اﻟﻌﻼﺋﻲ اﻟﺻﺎﺑوﻧﻲ وأﻧﮫ ﺻﺎر ﺑﺻﻔﺔ ﻣﺳوﻏﺔ ﻻﺳﺗﺑداﻟﮫ ﺷرﻋﺎ و ﺗم ﻣن رﻏب ﻓﻲ اﺳﺗﺑداﻟﮫ‬
‫ اﻟﻧواب ﻓﻲ اﻟﺣﻛم اﻟﻌزﯾز ﺑﺎﻟﻧظر ﻓﻲ‬...‫ﺑﻣﺑﻠﻎ ﯾُﺷﺗرى ﺑﮫ ﻣﺎ ھو أﻧﻔﻊ ﻟﺟﮭﺔ اﻟوﻗف و ﯾُوﻗف ﻋﻠﻰ ﺣﻛﻣﮫ‬
‫ذﻟك وﺳﻣﺎع اﻟﺑﯾﻧﺔ ﺑﮫ واﻻذن ﻓﻲ اﺳﺗﺑداﻟﮫ و اﻟﺣﻛم ﺑذﻟك ﻋﻠﻰ اﻟوﺟﮫ اﻟﺷرﻋﻲ وﻋﯾن ﺳﯾدﻧﺎ ﻗﺎﺿﻲ‬
‫ اﻟﻘﺻﺔ اﻟﻣذﻛورة ﻋﻠﻰ‬21 (...) ‫اﻟﻘﺿﺎة ﺷﯾﺦ اﻻﺳﻼم اﻟﻣﻧوه ﺑﺎﺳﻣﮫ اﻟﻛرﯾم أﻋﻼه أدام ﷲ ﺗﻌﺎﻟﻰ أﯾﺎﻣﮫ‬
‫ اﻟﺷﯾﺦ ﻣﺟﯾر اﻟدﯾن اﻟﻣﺷﺎر اﻟﯾﮫ أﺣﺳن ﷲ ﺗﻌﺎﻟﻰ إﻟﯾﮫ وﺗﺄﻣﻠﮭﺎ أﻣﻼ ﺷﺎﻓﯾﺎ واﻣﺗﺛل ذﻟك‬... ‫ﻧﺎﺋﺑﮫ ﺳﯾدﻧﺎ‬

19
Refers to: ‫( ﻗﺎﺿﻲ اﻟﻘﺿﺎة أﺑو اﻟﺑرﻛﺎت ﻋﺑد اﻟﺑر ﺑن اﻟﺷﺣﻧﺔ اﻟﺣﻧﻔﻲ‬see index 1).
20
Illegible word due to corrosion at the left edge.
21
Illegible word due to corrosion at the left edge.

9
 ‫ﺑﺎﻟﺳﻣﻊ واﻟطﺎﻋﺔ وﻛﺗب ﺑﺧطﮫ اﻟﻛرﯾم ادﻧﻰ ﺧط ﻣﺳﺗﻧﯾﺑﮫ اﻟﻣﺷﺎر ﻟﮫ أﻋﻼه ﻣﺎ ﻣﺛﺎﻟﮫ ﺑﻛﺷف ﺑم ﯾﻘوم و‬
‫ﻋﯾّن ﻣن أﺟﺎزه ﻣن اﻟﻣﮭﻧدﺳﯾن أھل اﻟﺧﺑرة ﺑﺎﻟﻌﻘﺎرات و ﻋﯾوﺑﮭﺎ و اﻷراﺿﻲ و ذرﻋﮭﺎ و اﻷﺑﻧﯾﺔ‬
‫واﺧﺗﻼﻓﮭﺎ ﻣم ﺳﯾوﺿﻊ اﺳﻣﮫ ادﻧﻰ ﻓﺻل اﻟﻣﺳوغ اﻟذي ﺳﯾﺳطر ﺑﺣﺎﺷﯾﺗﮫ ﻟﻛﺷف اﻟﻣﻛﺎن اﻻﺗﻲ وﺻﻔﮫ و‬
‫ ﻓﺳﺎروا اﻟﻰ ﺣﯾث اﻟﻣﻛﺎن اﻟﻣوﻋود ﺑﮫ أﻋﻼه اﻟﻛﺎﯾن ﺑﺎﻟﻘﺎھرة اﻟﻣﺣروﺳﺔ داﺧل ﺑﺎﺑﻲ‬،‫ﺗﺣدﯾده ﻓﯾﮫ وﺗﻘوﯾﻣﮫ‬
‫ ھذا ﻣﺎ دل ﻋﻠﯾﮫ ﻛﺗﺎب اﻟوﻗف اﻟﻣذﻛور و ﻗد ﻛﺷف اﻟﻣﮭﻧدﺳون اﻟﻣﻧدوﺑون ﻟﻛﺷف اﻟﻣﻛﺎن‬...‫زوﯾﻠﮫ‬
‫اﻟﻣذﻛور وﺗﻘوﯾﻣﮫ ﻣن ﺑﯾن ﯾدي ﺳﯾدﻧﺎ اﻟﺣﺎﻛم اﻟﻣﺷﺎر ﻟﮫ أﻋﻼه اﻟﻣﻛﺎن اﻟﻣذﻛور ﻓﯾﮫ و ﺷﺎھدوه و أﺣﺎطو‬
‫ ذﻟك أﻧﮭم ﺷﺎھدوا اﻟﻣﻛﺎن‬...‫ﺑﮫ ﻋﻠﻣﺎ و ﺧﺑرة ﻧﺎﻓﯾﺔ ﻟﻠﺟﮭﺎﻟﺔ و اﻗﺎﻣوا ﺷﮭﺎدﺗﮭم ﻟدى اﻟﺣﺎﻛم اﻟﻣﺷﺎر ﻟﮫ ﻓﯾﮫ‬
‫اﻟﻣذﻛور أﻋﻼه ﺑﺎﻟوﺻف اﻟذي ﻋﻠﯾﮫ اﻵن ﺑﻌد اﻟﻛﺷف اﻟﺗﺎم ﻓوﺟدوه ﻗد ﺗدﻣر ﺑﻧﺎؤه و ﻗل رﯾﻌﮫ و ﻧﻘﺻت‬
‫ﻏﻠﺗﮫ و ﺿﻌﻔت أﺟرﺗﮫ و ﺗواﻟت ﻋﻠﯾﮫ اﯾدي ذوي اﻟﺷوﻛﺔ و اﻟﻣﺗﺟوھرون ﯾﻌﺟز ﻋن ﺧﻼص اﻷﺟر ﻣﻧﮫ‬
‫وﻓﺎت ﻏرض واﻗﻔﮫ و ﺗﻌذر ﻛﺎﻣل اﺳﺗﻐﻼﻟﮫ و ﺻرﻓﮫ ﻓﻲ ﻣﺻرﻓﮫ اﻟﺷرﻋﻲ ودﻋت اﻟﺿرورة اﻟﻰ‬
‫اﺳﺗﺑداﻟﮫ ﺑﻣﺎ ﯾﻛون ﺧﯾرا ﻣﻧﮫ ﻟﻠوﻗف وﻣﺳﺗﺣﻘﯾﮫ و أﻛﺛر رﯾﻌﺎ و أوﻓر أﺟرة و اﺳﮭل ﺗﻧﺎوﻻ أو ﺑﻣﺑﻠﻎ‬
‫ﯾﺷﺗرى ﺑﮫ ﻣﺎ ﯾﻛون ﻣوﺻوﻓﺎ ﺑﻣﺎ ذﻛر و ﯾوﻗف ذﻟك ﻋﻠﻰ ﺣﻛم اﻟوﻗف اﻟﻣذﻛور أﻋﻼه ﻓﻲ ﺳﺎﯾر أﺣواﻟﮫ‬
‫و ﺷروطﮫ و أن اﻟﻘﯾﻣﺔ ﻋن ذﻟك ﻛﻠﮫ ﻣﻊ ﻣراﻋﺎة اﻟﺣظ واﻟﻣﺻﻠﺣﺔ ﻟﻠوﻗف اﻟﻣذﻛور و ﻣﺳﺗﺣﻘﯾﮫ ﻣﺎ ﺟﻣﻠﺗﮫ‬
‫ﻣن اﻟذھب اﻷﺷرﻓﻲ و اﻟظﺎھري اﻟطﯾب اﻟوازن اﻟﺳﺎﻟم ﻣن ﻋﯾب ﻣﺛﻠﮫ ﻣﻌﺎﻣﻠﺔ اﻵن ﺑﺎﻟدﯾﺎر اﻟﻣﺻرﯾﺔ‬
‫اﻟف دﯾﻧﺎر وﺗﺳﻌﻣﺎﯾﺔ دﯾﻧﺎر واﺳﺗﺑداﻟﮫ ﺑﺎﻟﻣﺑﻠﻎ اﻟﻣذﻛور ﻓﯾﮫ ﺣظﺎ وﻣﺻﻠﺣﺔ ﻟﺟﮭﺔ اﻟوﻗف اﻟﻣذﻛور‬
"...‫وﻣﺳﺗﺣﻘﯾﮫ و ﺛﺑت ﻣﺿﻣون ﻣﺎ ﺷﮭد ﺑﮫ اﻟﻣﮭﻧدﺳون ﻟدى ﺳﯾدﻧﺎ اﻟﺣﺎﻛم اﻟﻣﺷﺎر إﻟﯾﮫ أﻋﻼه‬
“…when the above-attached petition was raised to [qadī]… The beneficiaries
of the endowment of Fātimah b. (…) 22, the widow of al-ʽAlāʼī al-Ṣābūnī,
[claim] that it [the property] come to a condition that allows it to be legally
exchanged with someone who wishes [this property] for an amount of money
to buy what is more advantageous to the endowment and to be endowed on
the basis of its conditions… [the beneficiaries ask] the representatives of the
honorable judicial court to hear the case and [consider] the evidence to issue
a permission to exchange it on the basis of legal adjudication. Our chieftain,
the chief judge, the sheikh of Islam, his noble name mentioned-above, may
Allah perpetuate his days (…) 23 assigned the mentioned petition to his
surrogate our chieftain… sheikh Mujīr al-Dīn, the referred to, may Allah, the
Almighty, treat him well, [who] heard and obeyed with close examination [of
the petition], then he wrote down with his noble hand writing, below the
script of his the above-mentioed chief, to check and evaluate [the property],
[he] appointed someone who is permitted from those [muhandisīn] who are
expert in real estate and its defects, lands and measurements, as well as
buildings of all varieties to examine the property that will be described and
defined. Their names will be written in the margins below the section [of the
deed] giving reasons [for allowing the exchange]. They went to the

22
Illegible word due to corrosion at the left edge.
23
Illegible word due to corrosion at the left edge.

10
 aforementioned place, in Guarded Cairo, within Zuwaylah Gate… this is
what the mentioned endowment deed showed. The expert builders, who were
delegated by our the above-mentioned chieftain judge to carry out
examination and assessment, went to check the mentioned place and
examined it, [so] they became aware and had acquaintance with its
[condition] with no lack of knowledge, [they] established their testimony to
the referred to judge… that they observed the aforementioned place whose
current status is described. After close examination, they found that its
construction is damaged, its profit is reduced, its return is diminished, its rent
decreased and becomes under the hands of the people of power in a way that
the [beneficiaries] could not get its income, and the purpose of its founder
failed to be achieved [as] gaining its benefit to be spent on legal expenditures
[becomes] difficult. The necessity requires to exchange [the property] with
another more accessible one of more income and higher revenue for the good
of the endowment and its beneficiaries, or with an amount of money to buy
whatever matches the mentioned description to be endowed on the basis of
the above-mentioned endowment with all its cases and conditions. The value
for the whole property, (with taking the advantage for the endowment and its
beneficiaries into consideration), is one thousand and nine hundred dinars of
al-Ashrafī and al-Ẓāhirī gold of good, full of weight and free from defects of
the current Egyptian land’s transaction. Exchanging the property with the
mentioned amount of money is for the advantage of the mentioned
endowment and its beneficiaries, [this is what] the expert builders testified
before our chieftain the aforementioned judge…”

The text shows that the beneficiaries of Fatimah’s endowment raised a petition to the
judicial court to get a permission to exchange the endowment because its revenue became
insufficient. The first step in the procedures was to receive the petition and forward it to the
deputy judge, and then the deputy judge assigned expert builders to go to the location and
check its condition and write a report with their observation. The expert builders went to the
place that was located within Zuwaylah Gate and found that it was wracked and unable to
produce a sufficient income. They suggested the market value of selling this building to buy
another one that can sustain the endowment’s outlays. The judge received the experts’ report
and included it in his permission. The experts’ signature on the permission was required
because the judge relied on their observation to issue his order. After that, the beneficiaries

11
took the proper actions to sell the building and buy another one of sufficient revenue to be
endowed on the basis of endower’s conditions.
In fact, this deed suggests that:
1- The waqf’s supervisor cannot take any action to exchange or sell the endowment
without the judge’s permission.
2- The judge appoints at least two expert builders to carry out the mission.
3- The assigned experts have to go themselves to examine and check the endowment
and its condition then raise their report to the judge.
4- The experts define criteria of the suggested equivalent property to be exchanged
with or specify the market value to sell it.

This study argues that the Mamluk Sultanate, through the judiciary, regulated and
controlled the building practices for endowed properties. That included all kinds of building
works, in addition to other cases of exchange and renting endowments. Building craftsmen’s
role did not end with the building of new endowed foundations. Their role continued after
that to keep the endowments in good order including repairing, restoring and anything else
required to keep them in good condition.
If the founder wanted to perpetuate the utility of his foundation, there were two
available options. The first option was to put the maintenance as the first priority of
expenditures. In this case, builders were hired on temporary basis. The second option was to
appoint one or more building craftsmen on permanent basis to look after the foundation and
keep it in a proper condition. Endowment deeds suggest that the first option was more
common, while the second option was mostly found in big or multifunctional foundations.
The analysis of Mamluk endowment deeds suggests that expert builders also
participated in writing inspection reports upon request. The procedure was followed upon a
private or a governmental request raised to the judge to check the endowed foundation’s
condition. This could be a normal or regular check, or for restoration purpose. In this
situation, the judge delegated two or more expert builders to go to the foundation and
carefully check every part as they are going through, then write down a report including their
observation and suggestion.
The court also controlled and regulated the rent of endowed properties. Beneficiaries
raised their request to the judge who sent expert builders to examine the property and define
the rental value. They then wrote down their suggested value for the proposed period of time,
and the judge in his turn gave permission to rent. Renting an endowed property was not,
12
however, the same as renting a private property. Leasing a private property did not require
judicial permission or governance, and was left to both ends’ agreement.
If the endowed property’s revenue decreased and could not meet its outlays, it was
eligible for exchange. In this case, beneficiaries raised their request to the judge who looks at
the case. Endowment deeds show that the chief judge forwards the request to his deputy to
examine the case and commence the procedures. The deputy judge sends two or more expert
builders to check the property and its capability to produce sufficient revenue, and then the
experts write down a report with observation and their suggestion.
Most of deeds that include involvement of experts in procedures of checking,
estimating costs and exchange mention that the assigned experts were of honesty and
expertise. These were the most two important criteria that delegated builders had to meet
because the judge rely on their report to make his decision. In some cases, the experts were
accompanied with two or more witnesses to support the experts’ mission.
The cooperation between the Mamluk judiciary and expert builders suggests a
different context and involvement of building profession in the management of endowed
properties’ affairs. This context adds to the modern understanding and perception of building
profession during the Mamluk period.

Index 1: Brief biographies of main figures mentioned in the study

- Al-Sayfī Qajmās al-Isḥāqī (d. 892/1487): moved through several positions in the
Sultanate court, his last position was vice sultan for the Greater Syria. Known for
his goodness and piousness. He built two schools: one in Cairo at the Red Road
and the other one in Damascus. 24
- Azdumur min ʽAlī Bāy Amīr Dawādār (d. 913/1507): known for his bravery
and knighthood, bought by sultan Qāytbāy, advanced to several positions such as
sharāb-khānāh and head of thousand, the last was dawādāriyyah. 25
- Al-Sayfī Azbak al-Atābikī min Ṭuṭukh (d. 904/1499): was of great status in the
Mamluk Sultanate, has complete power and authority, emancipated by sultan al-
Ẓāhir Jaqmaq. Was vice sultan for the Greater Syria during sultan al-Ẓāhir
Bilbāy’s reign then became Atābak in 873/1469 during sultan Qāytbāy’s rule. 26

24
For more information see: Ibn Ayyās, Badāʼiʽ al-Zuhūr fī waqāʼiʽ al-Duhūr (Istanbul: Maṭbaʽat al-Dawlah,
1936), v.3, p. 238.
25
For long biography see: Ibn Ayyās, Badāʼiʽ al-Zuhūr, v. 4, p. 119.
26
For more information see: Ibn Ayyās, Badāʼiʽ al-Zuhūr, v. 3, p. 402.

13
 - Abu al-Barakāt ʽAbd al-Barr bin al-Shuḥnah al-Ḥanafī (d. 921/1515): he
worked as a chief judge for al-Ḥanafī doctrine for around thirteen years then
dismissed, considered to be one of al-Ḥanafī elites. Died with the age of seventy-
five years old. See: Ibn Ayyās, Badāʼiʽ al-Zuhūr, v. 4, p. 470.

Index 2: Definition of some sultanate court positions

- Amīr Ākhūr: the person who is in charge of the sultan or amir’s stables and
whatever it include of horses and camels. 27
- Amīr Ustādār: the person who is responsible for sultan’s palace including the
drinking room and all working force in the palace. 28
- Amīr Dawādār: the amir who is in charge of delivering messages from or to the
Mamluk sultan and informing him with the sultanate’s general matters. 29

Index 3: Documents used in the study 30

Dar al-Wathaiq al-Qawmiyyah-Cairo (DWQ)
Deed no. Deed date Deed type Partners
187/28 27 Ramaḍān 884 endowment Sultan Qāytbāy
11 Dec. 1479
204/33 11 Rajab 893 endowment Al-Zaynī Yāqūt bin ʽAbd Allah al-
21 June 1488 Kamālī
51/- 6 Shaʽbān 788 endowment Sultan Abū Saʽīd Barqūq
1 Sep. 1386
106/17 16 Jamāda al-awwal 852 endowment Jamāl al-Dīn Abu al-Maḥāsin Yusuf
18 July 1448
241/38 19 Shawwal 908 endowment Al-Sayfī Azdumur al-Makhdūmī
16 Apr. 1503
198/29 21 Ramaḍān 890 endowment Al-Sayfī Azbak al-Atābikī min
30 Sep. 1485 Ṭuṭukh
126/20 8 Rabīʽ al-Ākhar 865 Checking Endowments of sultan al-Ẓāhir

27
See: Aḥmad bin ʽAbd Allah al-Qalqashandī, Ṣubḥ al-Aʽshā fī Ṣināʽat al-Inshā (Cairo, 1913-18), v. 5, p. 461.
28
al-Qalqashandī, Ṣubḥ al-Aʽshā, v. 4, p. 20.
29
al-Qalqashandī, Ṣubḥ al-Aʽshā, v. 4, p. 19.
30
Muhammad Muhammad Amin, Fihrist Wathāʼiq al-Qāhirah Ḥattā Nihāyat ʽAṣr Salāṭīn al-Mamālīk (Cairo:
IFAO, 1981)

14
 20 Jan. 1461 report Baybars
261/41 21 Ramaḍān 912 exchange Beneficiaries of Fatimah bint
4 Feb. 1507 al-ʽAṭṭār’s endowment
220/35 24 Ṣafar 902 building Al-Shahābī Ansbāy min Baybars
31 Oct. 1496 permission al-Nāṣirī
Wizarat al-Awqaf-Cairo (WA)
670j 18 Jumadā al-Awwal 873 endowment Al-Sayfī Qajmās al-Isḥāqī
3 Dec. 1468
713j 3 Jumadā al-Ākhirah 786 endowment Aḥmad bin Muḥammad bin
22 July 1384 al-Naḥḥās
886q 24 Jumadā al-Ākhirah 879 endowment Sultan Qāytbāy
5 Nov. 1474
701j 11 Rabīʽ al-Ākhar 791 leasing al-Zaynī Abu Bakr Muzhir al-Anṣārī
8 Apr. 1389 contract and Abu Bakr bin Ramaḍān Qāsim
718j 22 Jumadā al-Awwal 711 leasing Of the endowment of Abu al-Ḥajjāj
6 Oct. 1311 permission and Ibn Malakshū

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