Endowed land is not to be disposed of in its substance
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Fatwa No. ( 1511 )
Q: A man named Sa'id endowed a small plot of land. It was customary for this plot to be a charity from its fruits on the night of the 27th of Ramadan. After Sa'id passed away, his son, Salim Sa'id, inherited it and continued the custom. After Salim Sa'id passed away, his son, Muhammad Salim Sa'id, succeeded him and continued the custom as his grandfather and father had done. After Muhammad Salim Sa'id passed away, he left two sons: Ali Muhammad Salim Sa'id and Haydar Muhammad Salim Sa'id. Ali Muhammad Salim continued as his father and grandfather had done. After Ali Muhammad Salim Sa'id and Haydar Muhammad Salim Sa'id passed away, Ali Muhammad Salim left three sons, and Haydar left three sons. Is it permissible for the sons of Ali Muhammad Salim and Haydar Muhammad Salim to divide this plot among themselves as an inheritance, or does it remain an endowment from generation to generation?
A: If the situation is as described, it is not permissible for the heirs to divide the substance of the endowed land among themselves, even if the purpose for which it was endowed has been altered. Rather, it remains an endowment, and its produce is to be spent on the causes of charity that require funding, where no one is currently providing for them; such as repairing and restoring mosques, or building them, or bringing water to them, or carpeting them, and other facilities needed by the people of the town, and as charity for the poor, whether they are relatives of the endower or not. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A man named Sa'id endowed a small plot of land. It was customary for this plot to be a charity from its fruits on the night of the 27th of Ramadan. After Sa'id passed away, his son, Salim Sa'id, inherited it and continued the custom. After Salim Sa'id passed away, his son, Muhammad Salim Sa'id, succeeded him and continued the custom as his grandfather and father had done. After Muhammad Salim Sa'id passed away, he left two sons: Ali Muhammad Salim Sa'id and Haydar Muhammad Salim Sa'id. Ali Muhammad Salim continued as his father and grandfather had done. After Ali Muhammad Salim Sa'id and Haydar Muhammad Salim Sa'id passed away, Ali Muhammad Salim left three sons, and Haydar left three sons. Is it permissible for the sons of Ali Muhammad Salim and Haydar Muhammad Salim to divide this plot among themselves as an inheritance, or does it remain an endowment from generation to generation?
A: If the situation is as described, it is not permissible for the heirs to divide the substance of the endowed land among themselves, even if the purpose for which it was endowed has been altered. Rather, it remains an endowment, and its produce is to be spent on the causes of charity that require funding, where no one is currently providing for them; such as repairing and restoring mosques, or building them, or bringing water to them, or carpeting them, and other facilities needed by the people of the town, and as charity for the poor, whether they are relatives of the endower or not. 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.