The ruling on benefiting from a waqf (endowment) land designated as a cemetery in which no one has been buried
Machine translationRead the Arabic original
Question:
A questioner says: A man endowed a piece of land to be a cemetery, and up to now no one has been buried in it. Is it permissible for a neighbor of the cemetery to pass through the land, plow it, and benefit from it?
Answer:
If it is an immediate endowment, it is not permissible for him to do so, as it has exited his ownership. However, if it is a deferred endowment, we say that after his death, there is no harm in his disposing of it before his death. Yes.
The presenter:
May Allah reward you, Honorable Shaykh,
A questioner says: A man endowed a piece of land to be a cemetery, and up to now no one has been buried in it. Is it permissible for a neighbor of the cemetery to pass through the land, plow it, and benefit from it?
Answer:
If it is an immediate endowment, it is not permissible for him to do so, as it has exited his ownership. However, if it is a deferred endowment, we say that after his death, there is no harm in his disposing of it before his death. Yes.
The presenter:
May Allah reward you, Honorable Shaykh,
Source
شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم، بداية من باب النهي أن يكون النفع والأجر مجهولا، وجواز استئجار الأجير بطعامه وكسوته — islamhouse.com (1:05:40)
The Arabic text is a machine transcription of the audio recording.