Converting a Waqf (Endowment) into a Bequest After It Has Been Established
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A person endowed part of his farm for the needs of the cemetery. When he wanted to register the endowment with the court, he decided to make it a bequest that would take effect after his death, on the grounds that he might sell the farm and establish the endowment in real estate, as that is better in these days. Is it permissible for him to retract the endowment in the court?
Answer:
If the endowment was made by him using explicit words, or by implication with the intention, then it is not permissible for him to convert it into a bequest, because it has exited his control as soon as he uttered it. Yes.
He says: Honorable Shaykh, may Allah grant you success. A person endowed part of his farm for the needs of the cemetery. When he wanted to register the endowment with the court, he decided to make it a bequest that would take effect after his death, on the grounds that he might sell the farm and establish the endowment in real estate, as that is better in these days. Is it permissible for him to retract the endowment in the court?
Answer:
If the endowment was made by him using explicit words, or by implication with the intention, then it is not permissible for him to convert it into a bequest, because it has exited his control as soon as he uttered it. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/101 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:09:02)
The Arabic text is a machine transcription of the audio recording.