A female questioner says: I am informing you that I reside in al-Madinah al-Munawwarah, and I have a waqf (endowment) in this city, meaning the city of 'Unayzah. I am the one who established it, and I wish to transfer it.
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The questioner : Our father, the honorable Shaykh Muhammad Salih al-Uthaymeen, I am informing you, O honorable Shaykh, that I reside in al-Madinah al-Munawwarah, and I have a waqf (endowment) in this city, meaning the city of 'Unayzah. I am the one who established it, and I would like to transfer it to me in al-Madinah al-Munawwarah so that I can monitor it continuously, even if I increase its value. Undoubtedly, it yields for me. What do I do?
The Shaykh : Without a doubt.
The questioner : Undoubtedly, it yields more and is more desirable. Is that permissible for me? May Allah reward you with good.
The Shaykh : We say that if the house here in 'Unayzah has ceased to be beneficial, there is no harm in transferring it; it can be sold and transferred to al-Madinah. However, if it is yielding and its benefits have not ceased, then transferring it to al-Madinah means that we are transferring it from the good to the better. There is disagreement among the scholars on this. Some scholars say, "If the waqf has not ceased to be beneficial, it is not permissible to transfer it, even to something better than it". And some say, "If it is transferred to something better than it, there is no harm in that".
This second opinion is more correct. The evidence for that is This indicates that transferring something to what is better is permissible. However, the court's approval is necessary for this, so that there is no problem after her death.
Here, she used the term al-Madinah al-Munawwarah, but it is better to say al-Madinah al-Nabawiyyah, because this is the expression of the Salaf and the scholars: al-Madinah al-Nabawiyyah. It is also better in terms of value, meaning that if it is attributed to the Messenger (peace and blessings be upon him), it is better than saying what? Munawwarah. Rather, it is called al-Madinah al-Nabawiyyah, to which the Prophet (peace and blessings be upon him) migrated and in which he was buried, may Allah's prayers and peace be upon him. Yes, for this reason, one should switch from al-Munawwarah to al-Nabawiyyah. Yes.
The Shaykh : Without a doubt.
The questioner : Undoubtedly, it yields more and is more desirable. Is that permissible for me? May Allah reward you with good.
The Shaykh : We say that if the house here in 'Unayzah has ceased to be beneficial, there is no harm in transferring it; it can be sold and transferred to al-Madinah. However, if it is yielding and its benefits have not ceased, then transferring it to al-Madinah means that we are transferring it from the good to the better. There is disagreement among the scholars on this. Some scholars say, "If the waqf has not ceased to be beneficial, it is not permissible to transfer it, even to something better than it". And some say, "If it is transferred to something better than it, there is no harm in that".
This second opinion is more correct. The evidence for that is
That when the Prophet (peace and blessings be upon him and his family) conquered Makkah, a man came to him and said: O Messenger of Allah, I vowed that if Allah opens Makkah for you, I would pray in the House of Prayer (Bayt al-Maqdis). He said: Pray here. He repeated it to him, and he said: Pray here. He repeated it to him, and he said the third or fourth time: Do as you wish.
أن النبي صلى الله عليه وعلى آله وسلم لما فتح مكة جاءه رجل فقال : يا رسول الله إني نذرت إن فتح الله عليك مكة أن أصلي في بيت المقدس فقال : صل ها هنا فأعاد عليه فقال : صل هاهنا فأعاد عليه فقال في الثالثة أو الرابعة : شأنكHere, she used the term al-Madinah al-Munawwarah, but it is better to say al-Madinah al-Nabawiyyah, because this is the expression of the Salaf and the scholars: al-Madinah al-Nabawiyyah. It is also better in terms of value, meaning that if it is attributed to the Messenger (peace and blessings be upon him), it is better than saying what? Munawwarah. Rather, it is called al-Madinah al-Nabawiyyah, to which the Prophet (peace and blessings be upon him) migrated and in which he was buried, may Allah's prayers and peace be upon him. Yes, for this reason, one should switch from al-Munawwarah to al-Nabawiyyah. Yes.