A waqf (endowment) contingent on what comes after death has the ruling of a bequest
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The second question of Fatwa No. ( 18494 )
Q2: I endowed a property, and the text of the endowment is as follows: I have endowed a piece of land and the building of the shop mentioned, including its boundaries and area, excluding the roof, as the roof remains attached to the rest of my property. Half of its rental income is to be used for four sacrificial animals annually for my parents after their death, and for their parents, with the excess over the sacrificial animals to be spent on acts of charity at the discretion of the agent. The rental income of the second half is to be used for a sacrificial animal for me permanently, with the excess to be spent on acts of charity at the discretion of the agent. The condition is that I, and no one else, have the right to sell the property, exchange it, or move it to another location whenever I see benefit in doing so, and no person or entity has the right
to object to that, and I am the agent for what is mentioned for the duration of my life. Is the condition of sale or disposal valid and executed as mentioned, and does it prevent any objector or legal blocker?
A: 2 If this endowment is immediate during one's lifetime, it is not permissible for you to sell it or transfer ownership in it. As for an endowment contingent on what comes after death, it has the ruling of a bequest; there is no harm in revoking it or moving it from one place to another during the lifetime of the bequeather. As for the condition that the endower has the right of oversight during his lifetime, there is no harm in that. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: I endowed a property, and the text of the endowment is as follows: I have endowed a piece of land and the building of the shop mentioned, including its boundaries and area, excluding the roof, as the roof remains attached to the rest of my property. Half of its rental income is to be used for four sacrificial animals annually for my parents after their death, and for their parents, with the excess over the sacrificial animals to be spent on acts of charity at the discretion of the agent. The rental income of the second half is to be used for a sacrificial animal for me permanently, with the excess to be spent on acts of charity at the discretion of the agent. The condition is that I, and no one else, have the right to sell the property, exchange it, or move it to another location whenever I see benefit in doing so, and no person or entity has the right
to object to that, and I am the agent for what is mentioned for the duration of my life. Is the condition of sale or disposal valid and executed as mentioned, and does it prevent any objector or legal blocker?
A: 2 If this endowment is immediate during one's lifetime, it is not permissible for you to sell it or transfer ownership in it. As for an endowment contingent on what comes after death, it has the ruling of a bequest; there is no harm in revoking it or moving it from one place to another during the lifetime of the bequeather. As for the condition that the endower has the right of oversight during his lifetime, there is no harm in that. 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.