Dividing a piece of land that is found to be an endowment for the heirs
Machine translationRead the Arabic original
The questioner:
Yes. He says: Honorable Shaykh, may Allah grant you success. He says: My father bought a piece of land and then passed away, and we later learned that this land was an endowment (waqf).
The Shaykh:
It was an endowment.
The questioner:
Is it permissible to divide this land among us as a partnership among the heirs?
The Shaykh:
It is not permissible, and it is not valid to sell it or dispose of it. It is not valid to sell it while it is an endowment; an endowment is not sold. Except if its benefits have ceased, and the judge sees that it should be sold because its interests have been neglected, or to replace it with something better. This is referred back to the judge. However, if it is found to be an endowment, but it was sold on the assumption that it was not an endowment, then the original sale is invalid, and the endowment reverts to its original state.
Yes. He says: Honorable Shaykh, may Allah grant you success. He says: My father bought a piece of land and then passed away, and we later learned that this land was an endowment (waqf).
The Shaykh:
It was an endowment.
The questioner:
Is it permissible to divide this land among us as a partnership among the heirs?
The Shaykh:
It is not permissible, and it is not valid to sell it or dispose of it. It is not valid to sell it while it is an endowment; an endowment is not sold. Except if its benefits have ceased, and the judge sees that it should be sold because its interests have been neglected, or to replace it with something better. This is referred back to the judge. However, if it is found to be an endowment, but it was sold on the assumption that it was not an endowment, then the original sale is invalid, and the endowment reverts to its original state.
Source
التفسير المفصّل، تفسير من سورة الحجرات إلى سورة الناس [45] — alfawzan.live (1:03:42)
The Arabic text is a machine transcription of the audio recording.