The ruling on property whose status as an endowment (waqf) has not been established?
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Honorable Shaykh! My father passed away, and I was entrusted with a sum of 130,000 riyals belonging to his aunt, which is the value of a house that was sold three years ago. What should I do with this amount, given that it has not been established that this house was a public path (sabil), as is the common understanding of everyone?
Good. If it is not established that it is an endowment (waqf)—Meaning: a public path (sabil)—then it is inheritance, to be distributed according to the inheritance of a woman.
Is she a woman?The questioner: Yes.
The Shaykh: It is distributed according to the inheritance of a woman, unless it is established that it is a public path (sabil).
The questioner: It is only customary; it is known to be a public path (sabil) among everyone.
The Shaykh: Meaning: it is well-known to everyone?The questioner: It is known to the elderly and the young that it is a public path (sabil), but no one is willing to testify.
The Shaykh: Meaning: it is widely known among them that it is a public path (sabil),So we say to the heirs: Since it is widely known, the scrupulousness (wara') for you is not to take it, but to use it for the construction of a mosque, and the matter is concluded.
The questioner: And so: she has no heir other than my grandfather—she is childless—she has no heir except my grandfather, her brother.
The Shaykh: Are you there?The questioner: No, he passed away.
The Shaykh: If he passes away, his heirs are his sons and his wives; they are the ones who have the right to the money.
The questioner: Is there zakah on this amount?The Shaykh: There is no zakah on it; because its status has not been clarified until now.
Good. If it is not established that it is an endowment (waqf)—Meaning: a public path (sabil)—then it is inheritance, to be distributed according to the inheritance of a woman.
Is she a woman?The questioner: Yes.
The Shaykh: It is distributed according to the inheritance of a woman, unless it is established that it is a public path (sabil).
The questioner: It is only customary; it is known to be a public path (sabil) among everyone.
The Shaykh: Meaning: it is well-known to everyone?The questioner: It is known to the elderly and the young that it is a public path (sabil), but no one is willing to testify.
The Shaykh: Meaning: it is widely known among them that it is a public path (sabil),So we say to the heirs: Since it is widely known, the scrupulousness (wara') for you is not to take it, but to use it for the construction of a mosque, and the matter is concluded.
The questioner: And so: she has no heir other than my grandfather—she is childless—she has no heir except my grandfather, her brother.
The Shaykh: Are you there?The questioner: No, he passed away.
The Shaykh: If he passes away, his heirs are his sons and his wives; they are the ones who have the right to the money.
The questioner: Is there zakah on this amount?The Shaykh: There is no zakah on it; because its status has not been clarified until now.