His father divided the land between him and his brothers and endowed his share as a mosque, then his father retracted the gift
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Q: My father inherited a piece of land from his father and divided it among us, his eight sons. Some of us built on our shares, while others are preparing to build and plant trees. As for me, I gave my share as a gift and donated it to have a mosque built there, seeking the face of Allah the Exalted, with no ulterior motive or intention. When I was preparing the land and the necessary documents to start the work, I consulted my father about the project I wanted to undertake spiritually only, and asked him for his approval and help to volunteer with me. I thought he would be pleased with this charitable volunteering, but the opposite happened: he objected to me and prevented me from this donation on one hand, and on the other hand, he incited my brothers to oppose and not approve of building the mosque near their homes. But after I persisted with him, he said to me: “Charity is not permissible until you provide for the house of the children,” meaning that. However, I am the owner of a house that is sufficient for me and my unmarried sons, and he remains in refusal. I tried to convince him again and asked him to serve the Most High
the Exalted, and I addressed him by saying that life passes and does not last for you, so let us serve and work for our Hereafter, for you have made a mistake in your decision. In the end, after I persisted with him, he swore by Allah that this project would not be completed at that location, justifying it by saying it is close to the residents and may hinder the exit of our family. He clarified to me that he was retracting the division and that since my share would be returned, he said to me: “I need it if you are determined to donate it to the mosque.” First question: What is the ruling in the Shari'ah regarding my father preventing me from doing good and donating to build the House of Allah ? Is obedience to my father who prevents good, or to Allah the Exalted? Second question: What is the ruling that I raised my voice at my father during his refusal of the charitable project? I said to him: “Do you not die? You will remain in this world? Serve your Hereafter, may Allah guide you, this is a decision of ignorance.” Third question: What is the ruling of his retraction of the division and reclaiming the share he gave me, while he did not reclaim the shares of my brothers?
A: This land about which the questioner is asking has become an endowment (waqf) for Allah Mighty and Majestic. The endower does not have the right to retract what he has issued; because it is a completed endowment, and the rulings of a completed endowment are established as soon as it is issued by the endower, if the endower has the right to dispose of the property. The father who gave the gift does not have the right to retract this gift; because it has exited the ownership of the one to whom it was gifted after he took possession of it,
and the questioner should treat his father well and not raise his voice at him, in accordance with the saying of Allah the Exalted:[Al-Isra 17:23-24] .
the Exalted, and I addressed him by saying that life passes and does not last for you, so let us serve and work for our Hereafter, for you have made a mistake in your decision. In the end, after I persisted with him, he swore by Allah that this project would not be completed at that location, justifying it by saying it is close to the residents and may hinder the exit of our family. He clarified to me that he was retracting the division and that since my share would be returned, he said to me: “I need it if you are determined to donate it to the mosque.” First question: What is the ruling in the Shari'ah regarding my father preventing me from doing good and donating to build the House of Allah ? Is obedience to my father who prevents good, or to Allah the Exalted? Second question: What is the ruling that I raised my voice at my father during his refusal of the charitable project? I said to him: “Do you not die? You will remain in this world? Serve your Hereafter, may Allah guide you, this is a decision of ignorance.” Third question: What is the ruling of his retraction of the division and reclaiming the share he gave me, while he did not reclaim the shares of my brothers?
A: This land about which the questioner is asking has become an endowment (waqf) for Allah Mighty and Majestic. The endower does not have the right to retract what he has issued; because it is a completed endowment, and the rulings of a completed endowment are established as soon as it is issued by the endower, if the endower has the right to dispose of the property. The father who gave the gift does not have the right to retract this gift; because it has exited the ownership of the one to whom it was gifted after he took possession of it,
and the questioner should treat his father well and not raise his voice at him, in accordance with the saying of Allah the Exalted:
(23) And your Lord has decreed that you not worship except Him, and to parents, good treatment. Whether one or both of them reach old age [while] with you, say not to them [so much as], "uff," and do not repel them but speak to them a noble word. (24) And lower to them the wing of humility out of mercy and say, "My Lord, have mercy upon them as they brought me up [when I was] small."
وَقَضَى رَبُّكَ أَلا تَعْبُدُوا إِلا إِيَّاهُ وَبِالْوَالِدَيْنِ إِحْسَانًا إِمَّا يَبْلُغَنَّ عِنْدَكَ الْكِبَرَ أَحَدُهُمَا أَوْ كِلاهُمَا فَلا تَقُلْ لَهُمَا أُفٍّ وَلا تَنْهَرْهُمَا وَقُلْ لَهُمَا قَوْلا كَرِيمًا (23) وَاخْفِضْ لَهُمَا جَنَاحَ الذُّلِّ مِنَ الرَّحْمَةِ وَقُلْ رَبِّي ارْحَمْهُمَا كَمَا رَبَّيَانِي صَغِيرًا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.