Ruling on exchanging endowments of land for a shop to be handed over to the Ministry of Endowments
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Fatwa No. ( 13 )
Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed
The inquiry received from His Excellency the Minister of Hajj and Endowments, number (4830 \ W \ M) dated 26 \ 10 \ 1391 AH, addressed to the Virtuous Head of the Departments of Scientific Research, Ifta, Da'wah, and Guidance, and referred to it by the General Secretariat of the Council of Senior Scholars, number (31\2) dated 13 \ 1 \ 1392 AH. Upon the Committee's study of the inquiry and the attached documents, it was found that the text of the inquiry from His Excellency the Minister is His Excellency's statement: "The one called Abdullah ibn Saud ibn Faisal al-Hazani has come to us with his attached letter dated 18 \ 10 \ 1391 AH, in which he indicates that there is land in the town of al-Hariq named: (Zahwah), which is an endowment for the fasting people, and that he rented it from the agent of the Endowments Branch of the town of al-Hariq twenty years ago, for an annual rent of fifteen sa' of wheat, and he attached to his letter a copy of the document authenticated by the Shari'ah, which supports his agreement with the branch agent. He requests that the Ministry purchase the lease for a lump sum paid once, and that he be tasked with purchasing a shop in the town of al-Hariq under the Ministry's supervision and delivering it to them. It is understood from this that his intention is to retain the land in exchange for this swap. Given our strong concern for preserving endowments and their method of investment, we hope for your opinion."
In this regard... End. And the document contains this text: "The agent Ibrahim al-Dahimi stipulated to Abdullah ibn Saud that all that the aforementioned property needs in terms of loss, whether for a well, construction, a watercourse, or any other repairs to the aforementioned property, is not to be borne by the endowment. Abdullah accepted this, and Abdullah has no objection as long as the property is in his hand and his lease is in effect for using the property in plowing, planting, or planting tamarisk trees that he establishes, provided he has no competitor in it. The aforementioned lease is delivered at its specified time every year, whether the property is plowed and sown or not. If the lease is prevented from being delivered to the agent of the fasting people, then the one in the property, Abdullah ibn Saud or anyone else, shall remove his hand from it and from all that is in it of planting, construction, tamarisk, and others, except for the current presence. There shall be no valuation or any attachments in the aforementioned planting, tamarisk, or construction, but they shall be subordinate to the endowment." End of the intended text. This document was authenticated by the Judge of al-Hariq Abdul Aziz ibn Ibrahim ibn Abdul Latif, dated 10 \ 8 \ 1368 AH
After the Committee's study of the inquiry and the document, it wrote the following answer:
Since the document states that the endowment bears no part of the expenses for the property, but rather they are borne by Abdullah al-Hazani, and that if the right of use is prevented from being delivered to the agent of the fasting people, then the one in the property, Abdullah ibn Saud or anyone else, shall remove his hand from it and from all that is in it of planting, construction, mill, or anything else except the current greenery, and that there shall be no valuation or any attachments in the aforementioned planting, mill, or construction, but they shall be subordinate to the endowment, then based on this, it is not permissible to sell this endowment; because its retention in accordance with these conditions is more beneficial, more protective, and better for the endowment. In the case of selling it and purchasing a shop, for example, in its place for the price paid as the price of the endowment, it would be exposed to the destruction of the endowment. And this is how the signature was obtained. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and companions.
Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed
The inquiry received from His Excellency the Minister of Hajj and Endowments, number (4830 \ W \ M) dated 26 \ 10 \ 1391 AH, addressed to the Virtuous Head of the Departments of Scientific Research, Ifta, Da'wah, and Guidance, and referred to it by the General Secretariat of the Council of Senior Scholars, number (31\2) dated 13 \ 1 \ 1392 AH. Upon the Committee's study of the inquiry and the attached documents, it was found that the text of the inquiry from His Excellency the Minister is His Excellency's statement: "The one called Abdullah ibn Saud ibn Faisal al-Hazani has come to us with his attached letter dated 18 \ 10 \ 1391 AH, in which he indicates that there is land in the town of al-Hariq named: (Zahwah), which is an endowment for the fasting people, and that he rented it from the agent of the Endowments Branch of the town of al-Hariq twenty years ago, for an annual rent of fifteen sa' of wheat, and he attached to his letter a copy of the document authenticated by the Shari'ah, which supports his agreement with the branch agent. He requests that the Ministry purchase the lease for a lump sum paid once, and that he be tasked with purchasing a shop in the town of al-Hariq under the Ministry's supervision and delivering it to them. It is understood from this that his intention is to retain the land in exchange for this swap. Given our strong concern for preserving endowments and their method of investment, we hope for your opinion."
In this regard... End. And the document contains this text: "The agent Ibrahim al-Dahimi stipulated to Abdullah ibn Saud that all that the aforementioned property needs in terms of loss, whether for a well, construction, a watercourse, or any other repairs to the aforementioned property, is not to be borne by the endowment. Abdullah accepted this, and Abdullah has no objection as long as the property is in his hand and his lease is in effect for using the property in plowing, planting, or planting tamarisk trees that he establishes, provided he has no competitor in it. The aforementioned lease is delivered at its specified time every year, whether the property is plowed and sown or not. If the lease is prevented from being delivered to the agent of the fasting people, then the one in the property, Abdullah ibn Saud or anyone else, shall remove his hand from it and from all that is in it of planting, construction, tamarisk, and others, except for the current presence. There shall be no valuation or any attachments in the aforementioned planting, tamarisk, or construction, but they shall be subordinate to the endowment." End of the intended text. This document was authenticated by the Judge of al-Hariq Abdul Aziz ibn Ibrahim ibn Abdul Latif, dated 10 \ 8 \ 1368 AH
After the Committee's study of the inquiry and the document, it wrote the following answer:
Since the document states that the endowment bears no part of the expenses for the property, but rather they are borne by Abdullah al-Hazani, and that if the right of use is prevented from being delivered to the agent of the fasting people, then the one in the property, Abdullah ibn Saud or anyone else, shall remove his hand from it and from all that is in it of planting, construction, mill, or anything else except the current greenery, and that there shall be no valuation or any attachments in the aforementioned planting, mill, or construction, but they shall be subordinate to the endowment, then based on this, it is not permissible to sell this endowment; because its retention in accordance with these conditions is more beneficial, more protective, and better for the endowment. In the case of selling it and purchasing a shop, for example, in its place for the price paid as the price of the endowment, it would be exposed to the destruction of the endowment. And this is how the signature was obtained. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.