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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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How to issue rulings on matters of disputes and endowments

Machine translationRead the Arabic original
A man named Abdullah died, leaving behind two sons, Muhammad and Abdul Aziz. He left two houses for endowment (waqf), and each of them lived in one house. He designated them for those in need. Abdul Aziz passed away, leaving behind a son named Abdullah ibn Abdul Aziz, who is in Riyadh and has no need for the house. So his mother remained in this house, and his daughters got married. Muhammad has children who lived in the second house, and they fulfill what is required of them regarding the evening meal and other bequests. So Abdullah ibn Abdul Aziz asked his uncle Muhammad to pay money,Muhammad said: The house now has no one needing it, and it is not reasonable to leave the house like this, so it must be rented out. And you have no need for this house. So, will it remain for Abdullah when he comes to sit in it, or will those in need among Muhammad’s children sit in it?

First: This is a matter between disputing parties, and it is my custom that I do not issue rulings on matters involving disputing parties; because Allah rebuked Dawud—and he was a prophet among the prophets—when he judged before looking into the words of the disputing party. So how about us?! And the second thing: Matters of endowments (waqf) cannot be ruled upon except by looking at the endowment document; because a single word can change the course of the action. Therefore, I cannot issue a ruling on this until Abdullah and his uncle Muhammad agree on it and bring me the endowment document.

The questioner: But what is the original rule regarding endowments?The Shaykh: They have no original rule except what is in the documents, except for what contradicts the Shari'ah, which is voided.
Source shamela.ws

The Arabic text is copied verbatim from the original source, without any edits.

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