If a waqf is designated for specific items, it is not permissible to donate them to other projects
Machine translationRead the Arabic original
Fatwa No. ( 20439 )
Q: Next to the Institute of Islamic Studies in the province of Hawtat Bani Tamim there is a house built of clay. Its benefits have ceased and it is no longer fit for use. It contains a sacrificial animal every year, and the surplus is spent on
the irrigation system, as stated in the attached deed. The heirs of the house owner donated it to the Institute for expansion and endowed it for knowledge and its students. The Institute is in urgent need of that house because it is located on the edge of the wadi, which has caused floods to enter it several times, resulting in damage to furniture and property and subsidence of the floors. There is a fear of corrosion in the reinforcement, God forbid. There is no solution except to annex the aforementioned house, which is elevated above the wadi and located on the eastern street of the public market, in order to move the Institute's gates to it and close the current gates through which the flood enters. We have tried repeatedly with the university and requested the expropriation of its ownership, but current capabilities do not allow for that. We are in extreme necessity and threatened by floods during the rainy seasons. Therefore, on behalf of the faculty members and your students, we ask you, Your Eminence, and the honorable scholars, to consider our suffering and provide us with your opinion regarding the endowment of the aforementioned house to the Institute and its students. As for the irrigation system, its benefits have ceased, and we will take responsibility for replacing it with a restroom and a place for ablution next to the Institute's wall.
A: A waqf that includes specific items in its endowment, such as this waqf, is not permissible for the awliya (guardians) of the waqf or those in charge of it to donate it to the Institute or others, or to endow it for something other than what the endower specified. This is because it is obligatory to act according to the condition of the endower regarding what he specified. The authority to transfer the waqf to its equivalent or something better after its benefits have ceased and it is no longer useful is the Shari'ah court, as it is the competent authority in this matter. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Next to the Institute of Islamic Studies in the province of Hawtat Bani Tamim there is a house built of clay. Its benefits have ceased and it is no longer fit for use. It contains a sacrificial animal every year, and the surplus is spent on
the irrigation system, as stated in the attached deed. The heirs of the house owner donated it to the Institute for expansion and endowed it for knowledge and its students. The Institute is in urgent need of that house because it is located on the edge of the wadi, which has caused floods to enter it several times, resulting in damage to furniture and property and subsidence of the floors. There is a fear of corrosion in the reinforcement, God forbid. There is no solution except to annex the aforementioned house, which is elevated above the wadi and located on the eastern street of the public market, in order to move the Institute's gates to it and close the current gates through which the flood enters. We have tried repeatedly with the university and requested the expropriation of its ownership, but current capabilities do not allow for that. We are in extreme necessity and threatened by floods during the rainy seasons. Therefore, on behalf of the faculty members and your students, we ask you, Your Eminence, and the honorable scholars, to consider our suffering and provide us with your opinion regarding the endowment of the aforementioned house to the Institute and its students. As for the irrigation system, its benefits have ceased, and we will take responsibility for replacing it with a restroom and a place for ablution next to the Institute's wall.
A: A waqf that includes specific items in its endowment, such as this waqf, is not permissible for the awliya (guardians) of the waqf or those in charge of it to donate it to the Institute or others, or to endow it for something other than what the endower specified. This is because it is obligatory to act according to the condition of the endower regarding what he specified. The authority to transfer the waqf to its equivalent or something better after its benefits have ceased and it is no longer useful is the Shari'ah court, as it is the competent authority in this matter. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.