It is not permissible for one who has endowed land for graveyards to take any of it for another purpose
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Fatwa number ( 16066 )
Q: I have a noble and generous uncle who donated a large piece of land in our town ( al-Bukayriyah ) to be a graveyard for Muslims. Its area is large and its location is suitable. A few days later, one of the good people suggested to him that he exclude a small plot from this large land, located on the street, to be used for investment purposes. This plot would be an endowment for the graveyard and charitable projects, and would be handed directly to the al-Bukayriyah Charitable Society to manage and supervise it, as this would yield a significant return and great benefit for the graveyard and its needs, as well as for other areas of charity and righteousness. This would not affect the size of the graveyard given its large area. He is now presenting the matter to your Eminence for guidance and clarification of the ruling. Please guide us, may Allah reward you, for what is in the interest and public benefit of the Muslims.
A: It is not permissible for one who has endowed land as a graveyard to take any of it for another purpose; rather, it must all remain a graveyard for the deceased Muslims as he endowed it. This is because it is established from the Prophet (peace and blessings be upon him) that he said to 'Umar (may Allah be pleased with him) when he consulted him regarding a piece of land he had in Khaybar:Sunan ad-Daraqutni 25:25 .
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: I have a noble and generous uncle who donated a large piece of land in our town ( al-Bukayriyah ) to be a graveyard for Muslims. Its area is large and its location is suitable. A few days later, one of the good people suggested to him that he exclude a small plot from this large land, located on the street, to be used for investment purposes. This plot would be an endowment for the graveyard and charitable projects, and would be handed directly to the al-Bukayriyah Charitable Society to manage and supervise it, as this would yield a significant return and great benefit for the graveyard and its needs, as well as for other areas of charity and righteousness. This would not affect the size of the graveyard given its large area. He is now presenting the matter to your Eminence for guidance and clarification of the ruling. Please guide us, may Allah reward you, for what is in the interest and public benefit of the Muslims.
A: It is not permissible for one who has endowed land as a graveyard to take any of it for another purpose; rather, it must all remain a graveyard for the deceased Muslims as he endowed it. This is because it is established from the Prophet (peace and blessings be upon him) that he said to 'Umar (may Allah be pleased with him) when he consulted him regarding a piece of land he had in Khaybar:
Give away its principal; it is not to be sold or given away.
تصدق بأصلها، لا يباع ولا يوهبAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.