If the benefits of a waqf (endowment) cease, such as from farming or giving its fruit as charity, is it permissible to sell it in such a case?
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The questioner : If the benefit of a waqf (endowment) ceases, for example, if it was being farmed and its fruit given as charity, or in a case like this, and its benefits have ceased, is it permissible to sell it in such a case?
The Shaykh : Yes, if the benefits and interests of a waqf (endowment) cease, it is obligatory to sell it.
The questioner : Yes.
The Shaykh : It is not merely permissible, but it is obligatory that it be sold and the proceeds spent on acts of righteousness. However, in such a case, it is necessary to consult the judicial authority so that there is no tampering with endowments. If someone desires to sell one, or it occurs to him, or he claims that its benefits have ceased and sells it, then it is necessary to consult the judicial authority and demonstrate that the benefits of this endowment have ceased, so that he may grant permission for its sale.
The Shaykh : Yes, if the benefits and interests of a waqf (endowment) cease, it is obligatory to sell it.
The questioner : Yes.
The Shaykh : It is not merely permissible, but it is obligatory that it be sold and the proceeds spent on acts of righteousness. However, in such a case, it is necessary to consult the judicial authority so that there is no tampering with endowments. If someone desires to sell one, or it occurs to him, or he claims that its benefits have ceased and sells it, then it is necessary to consult the judicial authority and demonstrate that the benefits of this endowment have ceased, so that he may grant permission for its sale.