An executed endowment whose beneficiaries are specified cannot be transferred to others
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Fatwa No. ( 21268 )
Praise be to Allah alone, and may blessings and peace be upon the one after whom there is no prophet. Having reviewed the matter sent to His Eminence the Grand Mufti from the honorable judge of the Great Court in Makkah : Shaykh Ahmad ibn Hamd al-Muzari' , reference number (3545\3\83\9) dated 11\9\1420 AH, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with reference number (4934) dated 16\10\1420 AH, his eminence asked the following question: We wish to present the following question to your eminence: A woman approached the court requesting to establish her endowment of her property, specify its lawful beneficiaries, and appoint its supervisor. This was established religiously by the deed registered under number (115\8\9) on 23\5\1414 AH. Then, through her agent, she filed a summons registered with us under number (225\9) on 7\9\1420 AH, requesting to modify the endowment's beneficiaries from those previously stated in the deed so that it becomes an endowment for the Qur'an Memorization Society in Makkah al-Mukarramah ... etc. Is it religiously permissible to grant her request given the circumstances described?
We hope that after your eminence has reviewed the matter, you will graciously issue a fatwa on this issue. Copies of the aforementioned documents are attached. May Allah guide you and keep your steps steady.
After the Committee studied the inquiry, it issued a fatwa that the endowment remains with its original beneficiaries and is not transferred to other beneficiaries; because it is an executed endowment that has become binding and has exited the ownership of the endower, and its benefits have become for the beneficiaries by virtue of the deed, so it is not permissible for him to dispose of it thereafter. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, his family, and his companions.
Praise be to Allah alone, and may blessings and peace be upon the one after whom there is no prophet. Having reviewed the matter sent to His Eminence the Grand Mufti from the honorable judge of the Great Court in Makkah : Shaykh Ahmad ibn Hamd al-Muzari' , reference number (3545\3\83\9) dated 11\9\1420 AH, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with reference number (4934) dated 16\10\1420 AH, his eminence asked the following question: We wish to present the following question to your eminence: A woman approached the court requesting to establish her endowment of her property, specify its lawful beneficiaries, and appoint its supervisor. This was established religiously by the deed registered under number (115\8\9) on 23\5\1414 AH. Then, through her agent, she filed a summons registered with us under number (225\9) on 7\9\1420 AH, requesting to modify the endowment's beneficiaries from those previously stated in the deed so that it becomes an endowment for the Qur'an Memorization Society in Makkah al-Mukarramah ... etc. Is it religiously permissible to grant her request given the circumstances described?
We hope that after your eminence has reviewed the matter, you will graciously issue a fatwa on this issue. Copies of the aforementioned documents are attached. May Allah guide you and keep your steps steady.
After the Committee studied the inquiry, it issued a fatwa that the endowment remains with its original beneficiaries and is not transferred to other beneficiaries; because it is an executed endowment that has become binding and has exited the ownership of the endower, and its benefits have become for the beneficiaries by virtue of the deed, so it is not permissible for him to dispose of it thereafter. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, his family, and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.