Is it permissible to change what the endower bequeathed?
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Fatwa number ( 16004 )
Q: My father had a bequest regarding a house in al-Hariq, which suffered some damage. We sold it after the court’s approval and bought a mud house in al-Hawtah with its value. Then, the honorable head of the court offered to buy it because the utility of mud houses is obsolete, and his honorability agreed, so we sold it for sixty thousand riyals. Given the small amount, the honorable head of the al-Hawtah court, Shaykh 'Abd al-'Aziz ibn Hamid, advised me to place it in a mosque or to complete the cost of a mosque. Since the original bequest was for a sacrificial animal, he advised me to seek your opinion. Is it permissible to change what the endower bequeathed and place it in a mosque? If your eminence agrees to this, what do you see? Because the amount is in the bank awaiting your direction. I ask you to kindly provide the ruling. May Allah reward you abundantly and make you among those whose life is long and whose deeds are good. Peace be upon you and Allah’s mercy and blessings.
A: The endowment remains as it is, and it is placed in a place that yields profit, even if shared with others, each having his share of the house, shop, or palm trees, until what the endower bequeathed is executed. The endowment is not transferred to
a mosque; because this is contrary to what the endower bequeathed, and transferring it nullifies what he bequeathed. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father had a bequest regarding a house in al-Hariq, which suffered some damage. We sold it after the court’s approval and bought a mud house in al-Hawtah with its value. Then, the honorable head of the court offered to buy it because the utility of mud houses is obsolete, and his honorability agreed, so we sold it for sixty thousand riyals. Given the small amount, the honorable head of the al-Hawtah court, Shaykh 'Abd al-'Aziz ibn Hamid, advised me to place it in a mosque or to complete the cost of a mosque. Since the original bequest was for a sacrificial animal, he advised me to seek your opinion. Is it permissible to change what the endower bequeathed and place it in a mosque? If your eminence agrees to this, what do you see? Because the amount is in the bank awaiting your direction. I ask you to kindly provide the ruling. May Allah reward you abundantly and make you among those whose life is long and whose deeds are good. Peace be upon you and Allah’s mercy and blessings.
A: The endowment remains as it is, and it is placed in a place that yields profit, even if shared with others, each having his share of the house, shop, or palm trees, until what the endower bequeathed is executed. The endowment is not transferred to
a mosque; because this is contrary to what the endower bequeathed, and transferring it nullifies what he bequeathed. 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.