It is not permissible to divert an endowment from the purpose for which it was endowed
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Fatwa number ( 16564 )
Q: One of my ancestors endowed a farm, and it is not known when it was endowed. He stipulated that half of its produce be distributed to the poor and passersby before it is brought into the house. Since the state has established social security, and the land is planted with corn which is not desired, is it permissible to appraise the farm at a specific price, for him to pay it to the competent authority, thereby dissolving the endowment and giving me the freedom to dispose of
the land?
A: It is not permissible to divert the aforementioned endowment from its status as an endowment; rather, it remains an endowment, due to the generality of the statement of Allah the Exalted:[Al-Baqarah 2:181], and its produce is to be distributed to the needy as stipulated by the endower. The poor do exist, but identifying them requires seeking them out. If the produce of the endowment is corn, which is not eaten in the country at present, it should be sold and its value paid to the needy, in order to achieve the intended purpose, which is benefiting the poor. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: One of my ancestors endowed a farm, and it is not known when it was endowed. He stipulated that half of its produce be distributed to the poor and passersby before it is brought into the house. Since the state has established social security, and the land is planted with corn which is not desired, is it permissible to appraise the farm at a specific price, for him to pay it to the competent authority, thereby dissolving the endowment and giving me the freedom to dispose of
the land?
A: It is not permissible to divert the aforementioned endowment from its status as an endowment; rather, it remains an endowment, due to the generality of the statement of Allah the Exalted:
Then whoever alters the bequest after he has heard it - the sin is only upon those who have altered it
فَمَنْ بَدَّلَهُ بَعْدَمَا سَمِعَهُ فَإِنَّمَا إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.