If the endowment is immediate and it is sold, its price is returned to its like
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Fatwa No. ( 114 )
Q: Here is my submission to you, attached to which is the will of the house of Nura bint
'Abd al-Rahman ibn Muwash. She endowed this house, which is in the deed and is her inheritance, and she left nothing else. Our agent rents it out, and the rent is distributed among the heirs after the sacrifices. Now, the house has been sold to the municipality for a sum of ninety-four thousand riyals and a little more. Do we, as her heirs, have the right to allocate part of the value to purchase an endowment for her, and take the rest as inheritance, or does it revert to its original state? Upon reviewing the attached document dated 22/1/1352 AH, sealed with the seal of the Shaykh: Muhammad ibn 'Abd al-Latif (may Allah have mercy on him), we found the following text in it: (It is stated - that is, by Nura bint 'Abd al-Rahman ibn Muwash - that she purchased the house of 'Abd al-Rahman al-Humaydi from his heirs in the year 28, and from the time she purchased it, it has been an immediate endowment). She mentioned this in the handwriting of the buyer, with the pen of Shaykh Ibrahim ibn 'Abd al-Latif (may Allah have mercy on him), and his testimony, and it bears his seal. And from the time the house was purchased, a period of twenty-four years, she has been sacrificing every year. This is the end of the matter.
A: Since the aforementioned document states that the endowment of this house is immediate, and that from the time the house was purchased, a period of twenty-four years, she has been sacrificing, and the submission states that the house has been sold to the municipality for a sum of ninety-four thousand riyals and a little more, and that the heirs are requesting to take
a portion of the value of this house to be distributed among them as inheritance, based on this, it is not permissible to take a portion of the corpus of the endowment and distribute it among the heirs. Rather, the corpus of the endowment remains. So, this sum that has become the price of the house, if the sale of the house took place through a lawful means, then a house is to be purchased with it, and this purchased house becomes an immediate endowment in place of the first house. Its revenue is to be spent on its maintenance and on the sacrifices. If any of the revenue remains, it is to be for her closest relatives by blood, according to the rules of inheritance. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: Here is my submission to you, attached to which is the will of the house of Nura bint
'Abd al-Rahman ibn Muwash. She endowed this house, which is in the deed and is her inheritance, and she left nothing else. Our agent rents it out, and the rent is distributed among the heirs after the sacrifices. Now, the house has been sold to the municipality for a sum of ninety-four thousand riyals and a little more. Do we, as her heirs, have the right to allocate part of the value to purchase an endowment for her, and take the rest as inheritance, or does it revert to its original state? Upon reviewing the attached document dated 22/1/1352 AH, sealed with the seal of the Shaykh: Muhammad ibn 'Abd al-Latif (may Allah have mercy on him), we found the following text in it: (It is stated - that is, by Nura bint 'Abd al-Rahman ibn Muwash - that she purchased the house of 'Abd al-Rahman al-Humaydi from his heirs in the year 28, and from the time she purchased it, it has been an immediate endowment). She mentioned this in the handwriting of the buyer, with the pen of Shaykh Ibrahim ibn 'Abd al-Latif (may Allah have mercy on him), and his testimony, and it bears his seal. And from the time the house was purchased, a period of twenty-four years, she has been sacrificing every year. This is the end of the matter.
A: Since the aforementioned document states that the endowment of this house is immediate, and that from the time the house was purchased, a period of twenty-four years, she has been sacrificing, and the submission states that the house has been sold to the municipality for a sum of ninety-four thousand riyals and a little more, and that the heirs are requesting to take
a portion of the value of this house to be distributed among them as inheritance, based on this, it is not permissible to take a portion of the corpus of the endowment and distribute it among the heirs. Rather, the corpus of the endowment remains. So, this sum that has become the price of the house, if the sale of the house took place through a lawful means, then a house is to be purchased with it, and this purchased house becomes an immediate endowment in place of the first house. Its revenue is to be spent on its maintenance and on the sacrifices. If any of the revenue remains, it is to be for her closest relatives by blood, according to the rules of inheritance. 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.