The endowment house became vacant and fell into ruin, and the endower wished to sell it, add to its price, and buy another house in a different location
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Fatwa No. ( 9 )
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet. Having reviewed the correspondence from the Honorable Head of the al-Hasa Courts, accompanied by his letter No. (7052) dated 3 \ 12 \ 1391 AH, addressed to the Honorable Head of the Departments of Scientific Research and Ifta, Da'wah, and Guidance, and referred to them by the General Secretariat of the Council of Senior Scholars with No. (201\2) dated 23 \ 1 \ 1392 AH, the Permanent Committee for Scholarly Research and Ifta found that it contains the following: 1 - A query submitted by Sarah bint Nasser al-Kharish to the Honorable Head of the al-Hasa Courts, the text of which is: I have a house in Kuwait on Ayn Yusuf Street, and the aforementioned house is an endowment that I personally established. It is currently in ruins and yields no benefit. I reside in Riyadh, and I wish to transfer it from al-Hasa to Riyadh because of my residence in Riyadh, and the house I purchase in Riyadh will be endowed in its place. I am aware that its value is not sufficient to buy a house in Riyadh, but I will add to it from my own funds, so I request your approval
for the transfer of the aforementioned house. 2 - The confirmation of the endowment of the aforementioned house by the endower, based on deed No. (67) dated 24 \ 6 \ 1366 AH, issued by the al-Hasa Court, wherein the endower stipulated in this deed the right to oversee and reside in it for the duration of her life, and placed this in the hands of her son, Muhammad ibn Salman al-Husayn, and after him his children and their children, and specified in the deed that from the guardian's funds, if she resides there, a sacrificial animal (udhiyah) is to be provided every year. This is the purpose of the attached letter from the Honorable Judge of the al-Hasa Court, Shaykh 'Abd al-Muhsin al-Khayyal , No. (1023) dated 2 \ 12 \ 1391 AH. 3 - The aforementioned judge's letter stated: that he wrote to the Council to inspect the house with No. (1027) dated 1 \ 12 \ 1391 AH, and they responded with their attached letter: that they inspected this house and found it in ruins and its benefits vacant, and that if the intermediary wishes to transfer it to a sound house and the client has money several times its value, the best course is to sell it. This is the purpose. 4 - The Honorable Head of the al-Hasa Courts requested an opinion on the matter and to be informed thereof, in the aforementioned letter.
After the Committee studied all the documents of the case, it responded with the following answer: Since the endowment is established, and it is in ruins with its benefits vacant, and the endower is willing to add to its price and transfer it to Riyadh to a better house, and she stipulated for herself the right of oversight and residence for the duration of her life, and she currently resides in Riyadh, then based on this, it is permissible to sell it, add the increase to its price, and buy a house in Riyadh as an endowment in its place; because this is better for the endowment; due to the profit involved, and to allow the endower to supervise and monitor it, for renovation and rental. However, the sale of the al-Hasa house and the receipt of its price must be through the Honorable Head of the al-Hasa Courts, and the purchase of the one in Riyadh must be through the Honorable Head of the Riyadh Court, and this is how the signature was obtained. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad and his family and companions.
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet. Having reviewed the correspondence from the Honorable Head of the al-Hasa Courts, accompanied by his letter No. (7052) dated 3 \ 12 \ 1391 AH, addressed to the Honorable Head of the Departments of Scientific Research and Ifta, Da'wah, and Guidance, and referred to them by the General Secretariat of the Council of Senior Scholars with No. (201\2) dated 23 \ 1 \ 1392 AH, the Permanent Committee for Scholarly Research and Ifta found that it contains the following: 1 - A query submitted by Sarah bint Nasser al-Kharish to the Honorable Head of the al-Hasa Courts, the text of which is: I have a house in Kuwait on Ayn Yusuf Street, and the aforementioned house is an endowment that I personally established. It is currently in ruins and yields no benefit. I reside in Riyadh, and I wish to transfer it from al-Hasa to Riyadh because of my residence in Riyadh, and the house I purchase in Riyadh will be endowed in its place. I am aware that its value is not sufficient to buy a house in Riyadh, but I will add to it from my own funds, so I request your approval
for the transfer of the aforementioned house. 2 - The confirmation of the endowment of the aforementioned house by the endower, based on deed No. (67) dated 24 \ 6 \ 1366 AH, issued by the al-Hasa Court, wherein the endower stipulated in this deed the right to oversee and reside in it for the duration of her life, and placed this in the hands of her son, Muhammad ibn Salman al-Husayn, and after him his children and their children, and specified in the deed that from the guardian's funds, if she resides there, a sacrificial animal (udhiyah) is to be provided every year. This is the purpose of the attached letter from the Honorable Judge of the al-Hasa Court, Shaykh 'Abd al-Muhsin al-Khayyal , No. (1023) dated 2 \ 12 \ 1391 AH. 3 - The aforementioned judge's letter stated: that he wrote to the Council to inspect the house with No. (1027) dated 1 \ 12 \ 1391 AH, and they responded with their attached letter: that they inspected this house and found it in ruins and its benefits vacant, and that if the intermediary wishes to transfer it to a sound house and the client has money several times its value, the best course is to sell it. This is the purpose. 4 - The Honorable Head of the al-Hasa Courts requested an opinion on the matter and to be informed thereof, in the aforementioned letter.
After the Committee studied all the documents of the case, it responded with the following answer: Since the endowment is established, and it is in ruins with its benefits vacant, and the endower is willing to add to its price and transfer it to Riyadh to a better house, and she stipulated for herself the right of oversight and residence for the duration of her life, and she currently resides in Riyadh, then based on this, it is permissible to sell it, add the increase to its price, and buy a house in Riyadh as an endowment in its place; because this is better for the endowment; due to the profit involved, and to allow the endower to supervise and monitor it, for renovation and rental. However, the sale of the al-Hasa house and the receipt of its price must be through the Honorable Head of the al-Hasa Courts, and the purchase of the one in Riyadh must be through the Honorable Head of the Riyadh Court, and this is how the signature was obtained. And success is from Allah, and may Allah send blessings and peace 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.