Is it permissible for the descendants of the endower to benefit from the endowment until the time comes for the people to benefit from it?
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Question:
A man endowed a farm; he endowed a farm of his to be a cemetery because the people needed it in that location. Some Muslims were buried in it, and it is large. So, some of his sons began to cultivate half of it until the first half is filled. Is it permissible for them to cultivate it? Knowing that they do not give any of its produce for the benefit of the endowment.
Answer:
This is forbidden (haram); it is not permissible for them. This land has become an endowment (waqf), and it is not permissible to plant anything in the cemetery. They have no right to dispose of it or exploit it because it has become an endowment. It is obligatory (wajib) for the municipality of the town to fence it off and to drive these people away from it. Yes.
A man endowed a farm; he endowed a farm of his to be a cemetery because the people needed it in that location. Some Muslims were buried in it, and it is large. So, some of his sons began to cultivate half of it until the first half is filled. Is it permissible for them to cultivate it? Knowing that they do not give any of its produce for the benefit of the endowment.
Answer:
This is forbidden (haram); it is not permissible for them. This land has become an endowment (waqf), and it is not permissible to plant anything in the cemetery. They have no right to dispose of it or exploit it because it has become an endowment. It is obligatory (wajib) for the municipality of the town to fence it off and to drive these people away from it. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل يجوز لذرية الواقف الانتفاع بالموقوف حتى يحين وقت انتفاع الناس به؟ للشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.