His first question states: I have a plot of land with an old legal deed. The deed states that it is an endowment (waqf) for Allah the Exalted, and it is written on it: “An endowment for Allah; may Allah curse its seller and its buyer.”
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The questioner : His first question states: I have a plot of land with an old legal deed. The deed states that it is an endowment (waqf) for Allah the Exalted, and it is written on it: “An endowment for Allah; may Allah curse its seller and its buyer.”
The Shaykh : We seek refuge in Allah.
The questioner : Knowing that I utilize this land for agriculture and consume from its income, is it lawful or forbidden, or what? And is the endowment valid in this manner?
The Shaykh : The endowment is valid if it is from the owner and the conditions of the endowment are met. However, it is not befitting for the one who makes the endowment to use such expressions.
The questioner : Yes.
The Shaykh : Cursing is not necessary; it is sufficient if he endows it and establishes that through a legal means. The sin is upon whoever alters or changes it, whether he associates that with a curse or not. As for dealing with this endowment, if the benefits of the endowment are obstructed, it is permissible to sell it and deal with it, and its value is taken and placed in another place where it can be utilized. However, this dealing should be done after consulting the court so that the matter is clarified and verified, and then permission is granted to transfer it to another place.
The Shaykh : We seek refuge in Allah.
The questioner : Knowing that I utilize this land for agriculture and consume from its income, is it lawful or forbidden, or what? And is the endowment valid in this manner?
The Shaykh : The endowment is valid if it is from the owner and the conditions of the endowment are met. However, it is not befitting for the one who makes the endowment to use such expressions.
The questioner : Yes.
The Shaykh : Cursing is not necessary; it is sufficient if he endows it and establishes that through a legal means. The sin is upon whoever alters or changes it, whether he associates that with a curse or not. As for dealing with this endowment, if the benefits of the endowment are obstructed, it is permissible to sell it and deal with it, and its value is taken and placed in another place where it can be utilized. However, this dealing should be done after consulting the court so that the matter is clarified and verified, and then permission is granted to transfer it to another place.