The Entry Fees for Leased Lands
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Fatwa No. ( 148 )
Q: Regarding the entry fees for leased lands, are they considered income, or are they part of the principal of the endowment?
A: Since a fatwa was previously issued by His Eminence the Shaykh Muhammad ibn Ibrahim (may Allah have mercy on him) in issue (365) on 29/3/1377 AH regarding the *dakhuliyyah* and its consideration as part of the principal of the endowment, we quote the text of the intended response to the questioner: “And after, we have received your letter in which you seek a ruling regarding the amounts paid by the *mustahkirin* to the endowment of the Hamidan family at the beginning of the *tahkir* under the name of *dakhuliyyah*. We have looked into what you mentioned and the endowment deed that you attached, and upon examining it, it became clear to us that these amounts collected under the name of *dakhuliyyah* are not like the yield that renews every year, but rather their ruling is the ruling of the principal of the endowment. Do you not see that if the *dakhuliyyah* were dropped, the amount of the *hikr* would increase, and as the [5]
*dakhuliyyah* decreases, the amount of the *hikr* increases, and vice versa; as the *dakhuliyyah* increases, the amount of the *hikr* decreases. Accordingly, the *dakhuliyyah* is not permissible for the people of the current strata; because the right of the later descendants is attached to it, even those who have not yet been born. And thus, it is necessary that this *dakhuliyyah* be made subordinate to the principal of the endowment, so that what needs repair is repaired from it, and whatever remains is used to purchase another endowment, the yield of which is disposed of in the same manner as the yield of the original. End of quote. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Regarding the entry fees for leased lands, are they considered income, or are they part of the principal of the endowment?
A: Since a fatwa was previously issued by His Eminence the Shaykh Muhammad ibn Ibrahim (may Allah have mercy on him) in issue (365) on 29/3/1377 AH regarding the *dakhuliyyah* and its consideration as part of the principal of the endowment, we quote the text of the intended response to the questioner: “And after, we have received your letter in which you seek a ruling regarding the amounts paid by the *mustahkirin* to the endowment of the Hamidan family at the beginning of the *tahkir* under the name of *dakhuliyyah*. We have looked into what you mentioned and the endowment deed that you attached, and upon examining it, it became clear to us that these amounts collected under the name of *dakhuliyyah* are not like the yield that renews every year, but rather their ruling is the ruling of the principal of the endowment. Do you not see that if the *dakhuliyyah* were dropped, the amount of the *hikr* would increase, and as the [5]
*dakhuliyyah* decreases, the amount of the *hikr* increases, and vice versa; as the *dakhuliyyah* increases, the amount of the *hikr* decreases. Accordingly, the *dakhuliyyah* is not permissible for the people of the current strata; because the right of the later descendants is attached to it, even those who have not yet been born. And thus, it is necessary that this *dakhuliyyah* be made subordinate to the principal of the endowment, so that what needs repair is repaired from it, and whatever remains is used to purchase another endowment, the yield of which is disposed of in the same manner as the yield of the original. End of quote. 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.
