Is it permissible for the endower or his son to buy the land if the benefits of the endowment have ceased?
Machine translationRead the Arabic original
The questioner : Yes, in such a case, after the sale becomes obligatory, is it permissible for the endower himself to buy it, or for his son, for example?
The Shaykh : What we see in this matter is that if it is put up for auction in a public sale.
The questioner : Yes.
The Shaykh : And the price paid for it is finalized, then there is no blame on the guardian, the guardian of the endowment, to buy it.
As for the endower himself, it is not permissible for him to buy it. This is because he dedicated it to Allah, and what a person dedicates to Allah, it is not permissible for him to return to it. For this reason, when 'Umar ibn al-Khattab (may Allah be pleased with him) was given a horse in the cause of Allah, and the one who was given the horse lost it, and then he wanted to sell it, 'Umar said, "I thought he was selling it cheaply, so I wanted to buy it. I asked the Prophet (peace and blessings be upon him), and the Messenger of Allah (peace and blessings be upon him) said to him:Sahih al-Bukhari 2970 So, what a person dedicates to Allah, it is not permissible for him to return to its ownership through a voluntary contract. However, if it returns to his ownership by force, such as if he gives charity to a relative, and then that relative dies and he is the heir of that relative, he acquires ownership of what he gave in charity to him, because ownership through inheritance is forced ownership, not voluntary.
The questioner : May Allah bless you.
This message is from the listener Mahmoud Karim from Iraq, Sulaymaniyah Governorate, who says.
The Shaykh : What we see in this matter is that if it is put up for auction in a public sale.
The questioner : Yes.
The Shaykh : And the price paid for it is finalized, then there is no blame on the guardian, the guardian of the endowment, to buy it.
As for the endower himself, it is not permissible for him to buy it. This is because he dedicated it to Allah, and what a person dedicates to Allah, it is not permissible for him to return to it. For this reason, when 'Umar ibn al-Khattab (may Allah be pleased with him) was given a horse in the cause of Allah, and the one who was given the horse lost it, and then he wanted to sell it, 'Umar said, "I thought he was selling it cheaply, so I wanted to buy it. I asked the Prophet (peace and blessings be upon him), and the Messenger of Allah (peace and blessings be upon him) said to him:
Don't buy it and don't take back your gift of charity.
لا تشتره ولا تعُد في صدقتكThe questioner : May Allah bless you.
This message is from the listener Mahmoud Karim from Iraq, Sulaymaniyah Governorate, who says.
