He endowed a piece of land to be a cemetery, then it became clear that he needed it
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Fatwa No. ( 1307 )
Q: In 1372 AH, while he was in good health, he endowed a very large piece of land to be a cemetery for the residents of Mahayil in Tihama in 'Asir, but no one has been buried there to this day. He was retired in 1386 AH, and he has no land other than his residence for himself and his family. Is it permissible for him to revoke the endowment, or part of it?
A: It is not permissible to revoke the land you endowed, nor any part of it; because it has exited your ownership through the endowment for its use in what you designated for it. If it is needed in that area for burial, then that is fine. Otherwise, it is sold and its price is placed in a cemetery in another area. This disposition is to be done with the knowledge of the judge of that area where the endowed land is located. Your weakened condition after your retirement does not justify for you the revocation of your endowment. I ask Allah to reward you and to replace for you something better than what you spent.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: In 1372 AH, while he was in good health, he endowed a very large piece of land to be a cemetery for the residents of Mahayil in Tihama in 'Asir, but no one has been buried there to this day. He was retired in 1386 AH, and he has no land other than his residence for himself and his family. Is it permissible for him to revoke the endowment, or part of it?
A: It is not permissible to revoke the land you endowed, nor any part of it; because it has exited your ownership through the endowment for its use in what you designated for it. If it is needed in that area for burial, then that is fine. Otherwise, it is sold and its price is placed in a cemetery in another area. This disposition is to be done with the knowledge of the judge of that area where the endowed land is located. Your weakened condition after your retirement does not justify for you the revocation of your endowment. I ask Allah to reward you and to replace for you something better than what you spent.
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.