My grandfather bequeathed the fruit of a specific tree as charity for the people. Is it permissible for us to uproot it and plant a similar one in another piece of land?
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Question:
He says: We have a piece of land that is irrigated by rainwater, dating back to my grandfather’s time, which was thirty years ago or more. At that time, the only trees on that land were sidr trees, and these trees were of great benefit at that time. Their branches were used for the roofs of houses, their leaves for feeding livestock, and their fruit, known as dom, for eating. Before my grandfather passed away (may Allah have mercy on him), he bequeathed one of these trees as charity. As I mentioned, this tree was of benefit during my grandfather’s time, and for a period after his death. However, the situation has changed today, and the benefit from this tree has become very limited. After Allah granted us goodness, and praise is due to Him for that, we dug a well in this land. We installed a pump and began planting this land with various grains and fruits after we uprooted the sidr trees, except for the tree my grandfather bequeathed. Honorable Shaykh, should we uproot this tree, measure the area it occupies, plant that area with what the land is planted with, and give in charity what is grown on that area? Or should we plant orange trees in its place and give the fruit in charity? Do we have the right to take what we plant on this area in exchange for the supervision, improvement, and watering of the land? Praise be to Allah, we are not in need, but we seek clarification. May Allah reward you all with the best.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions. To proceed: If the bequest of the deceased is as the questioner described, in the form of a charitable act, it must be preserved and executed as the bequeather specified, as long as benefit is derived from it. However, if it has become such that no benefit is derived from it, then it is obligatory to refer the matter to the Shari'ah court for review, because endowments and their oversight are referred to the Shari'ah courts. So, refer to the Shari'ah court in your country, and the judge, if Allah wills, will look into what is most beneficial. Yes.
He says: We have a piece of land that is irrigated by rainwater, dating back to my grandfather’s time, which was thirty years ago or more. At that time, the only trees on that land were sidr trees, and these trees were of great benefit at that time. Their branches were used for the roofs of houses, their leaves for feeding livestock, and their fruit, known as dom, for eating. Before my grandfather passed away (may Allah have mercy on him), he bequeathed one of these trees as charity. As I mentioned, this tree was of benefit during my grandfather’s time, and for a period after his death. However, the situation has changed today, and the benefit from this tree has become very limited. After Allah granted us goodness, and praise is due to Him for that, we dug a well in this land. We installed a pump and began planting this land with various grains and fruits after we uprooted the sidr trees, except for the tree my grandfather bequeathed. Honorable Shaykh, should we uproot this tree, measure the area it occupies, plant that area with what the land is planted with, and give in charity what is grown on that area? Or should we plant orange trees in its place and give the fruit in charity? Do we have the right to take what we plant on this area in exchange for the supervision, improvement, and watering of the land? Praise be to Allah, we are not in need, but we seek clarification. May Allah reward you all with the best.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions. To proceed: If the bequest of the deceased is as the questioner described, in the form of a charitable act, it must be preserved and executed as the bequeather specified, as long as benefit is derived from it. However, if it has become such that no benefit is derived from it, then it is obligatory to refer the matter to the Shari'ah court for review, because endowments and their oversight are referred to the Shari'ah courts. So, refer to the Shari'ah court in your country, and the judge, if Allah wills, will look into what is most beneficial. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، أوصى جدي بثمار شجرة معينة صدقة للناس، فهل يجوز لنا قلعها، وزراعة مثلها في أرض أخرى؟ الشيخ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
