The trustee of an endowment is not permitted to dispose of it by sale or exchange except in a manner that benefits the endowment
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Fatwa No. ( 4954 )
Q:I have a plot of agricultural land in the town ofal-Shaqiq,which I acquired by purchase and developed for plowing and planting. However, in the year 1370 AH, I endowed this land, uttering the words: "This land, after my death, is an endowment for the mosque of the village ofal-Munqati'ah,which is my birthplace, and for its well, including its bucket and rope. However, a person of good standing rebuilt the aforementioned mosque with a modern reinforced concrete structure, whereas its previous construction was of straw. Likewise, the government, may Allah support it, established the well and installed a network for the town and some of its surrounding areas. Please note that the aforementioned land has become barren due to my absence from it, and for a long time, no one has derived any benefit from it. I have resolved to sell it for twenty thousand riyals at the present time and build a mosque with its value in the village where I currently reside, which is the village ofthe Ghubashah tribe. However, I have held back until we present this matter to your eminence; therefore, we ask you to guide us to what you see as appropriate, and may Allah guide you.the village of the Ghubashah tribe,However, I have held back until we present this matter to your eminence; therefore, we ask you to guide us to what you see fit, and may Allah guide you.
For all that is good and righteous.
A: If the situation is as you have described, then it is permissible for you to sell the aforementioned land and use its proceeds to renovate the mosque you mentioned, and there is no blame in doing so, provided that this is done through the Shari'ah court in your country. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q:I have a plot of agricultural land in the town ofal-Shaqiq,which I acquired by purchase and developed for plowing and planting. However, in the year 1370 AH, I endowed this land, uttering the words: "This land, after my death, is an endowment for the mosque of the village ofal-Munqati'ah,which is my birthplace, and for its well, including its bucket and rope. However, a person of good standing rebuilt the aforementioned mosque with a modern reinforced concrete structure, whereas its previous construction was of straw. Likewise, the government, may Allah support it, established the well and installed a network for the town and some of its surrounding areas. Please note that the aforementioned land has become barren due to my absence from it, and for a long time, no one has derived any benefit from it. I have resolved to sell it for twenty thousand riyals at the present time and build a mosque with its value in the village where I currently reside, which is the village ofthe Ghubashah tribe. However, I have held back until we present this matter to your eminence; therefore, we ask you to guide us to what you see as appropriate, and may Allah guide you.the village of the Ghubashah tribe,However, I have held back until we present this matter to your eminence; therefore, we ask you to guide us to what you see fit, and may Allah guide you.
For all that is good and righteous.
A: If the situation is as you have described, then it is permissible for you to sell the aforementioned land and use its proceeds to renovate the mosque you mentioned, and there is no blame in doing so, provided that this is done through the Shari'ah court in your country. 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.