My father bought a piece of land, and after his death it was revealed that it was an endowment (waqf). Is it permissible to divide it among the heirs?
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Question:
He says: Honorable Shaykh, may Allah grant you success. He says: My father bought a piece of land, then he passed away, and we learned afterwards that this land was an endowment (waqf); it was an endowment. So is it permissible to divide this land among us as an estate for the heirs?
Answer:
By Allah, its sale is not valid, and also, its sale is not valid while it is an endowment. An endowment is not sold except if its benefits are neglected and the ruler sees that it should be sold due to the neglect of its interests, or replaced with something better than it. This is referred back to the ruler. But if it is revealed that it is an endowment, and it was sold on the basis that it was not an endowment, but it turned out to be an endowment, then the original sale is invalid, and the endowment returns to its state. Yes.
He says: Honorable Shaykh, may Allah grant you success. He says: My father bought a piece of land, then he passed away, and we learned afterwards that this land was an endowment (waqf); it was an endowment. So is it permissible to divide this land among us as an estate for the heirs?
Answer:
By Allah, its sale is not valid, and also, its sale is not valid while it is an endowment. An endowment is not sold except if its benefits are neglected and the ruler sees that it should be sold due to the neglect of its interests, or replaced with something better than it. This is referred back to the ruler. But if it is revealed that it is an endowment, and it was sold on the basis that it was not an endowment, but it turned out to be an endowment, then the original sale is invalid, and the endowment returns to its state. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [3077- 4717] اشترى والدي أرضا وتبين بعد موته أنها وقف فهل يجوز تقسيمها على الورثة ؟ - صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
