A man died leaving two sons, and he had two endowments (waqf) houses. The issue is long, relates to inheritance, and there is a dispute. ?
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The questioner : A man named 'Abdullah died, leaving behind two sons, Muhammad and 'Abd al-'Aziz. He left two public benefit (sabil) houses; he endowed these two houses.
So one of the houses, O Shaykh, there is no god but Allah, each of the individuals has an apartment. Each person, O Shaykh, lived in a house and placed it for those in need.
'Abd al-'Aziz died, leaving a son behind him. He also died, and he had a son. 'Abd al-'Aziz was also in Riyadh. He was in Riyadh and had no need for the house, so his mother remained in this house, and his daughters got married.
And Muhammad has children, and they are living in the second house, and they are fulfilling what is due from them regarding the 'Isha' prayer and other bequests. So the son, 'Abdullah ibn 'Abd al-'Aziz, requested...
The Shaykh : The one in Riyadh.
The questioner : The one in Riyadh came and said, "Muhammad, who is the uncle, because he now has the agency (wakalah) of the bequest, so he is now the one in charge of collecting the things."
The agency, so the agency now became Muhammad's, he is the one who... So 'Abdullah ibn 'Abd al-'Aziz requested that money be paid. Muhammad said, "The house now has no need, and it is not reasonable that we leave the house like this. We must rent it out, and you have no need for this house."
The Shaykh : He says to his uncle.
The questioner : Yes, regarding the house, the uncle says, O Shaykh.
The Shaykh : Meaning, when 'Abd al-'Aziz's son, 'Abdullah ibn 'Abd al-'Aziz, requested his right, his uncle said this to him.
The questioner : No, 'Abdullah has no need for the house at all, because he is in his own house, settled, and has money, meaning he is independent of this house.
The Shaykh : Fine.
The questioner : And Muhammad is living in the second house, and the bequest is in effect, meaning this one lived in one house and this one in the other, but his children... all died, and his daughters got married and went to their husbands' homes with their spouses.
So O Shaykh, regarding this house now, the second house remains. Muhammad, who is the agent, said, "We want to rent out this house because it has no need. So should 'Abdullah sit in it whenever he comes, or should those in need among Muhammad's children live in it?"
The Shaykh : By Allah, first: this is a matter between litigants, and it is my custom that I do not issue fatwas on matters involving litigants, because Allah, Glorified and Exalted is He, rebuked Dawud, who was a prophet among the prophets, when he judged before listening to the other party's statement. So how about us?!
And the second thing: the matter of endowments (waqf), the issues of endowments cannot be ruled upon except by looking at the endowment document, because a single word can change the course of action. Therefore, I cannot issue a fatwa on this until 'Abdullah and his uncle Muhammad agree on it and bring me the bequest with the endowment document.
The questioner : But what is the original rule regarding endowments?
The Shaykh : Ah.
The questioner : The original rule regarding endowments.
The Shaykh : It has no original rule except what is in the documents, except what contradicts the Shari'ah, which is annulled.
So one of the houses, O Shaykh, there is no god but Allah, each of the individuals has an apartment. Each person, O Shaykh, lived in a house and placed it for those in need.
'Abd al-'Aziz died, leaving a son behind him. He also died, and he had a son. 'Abd al-'Aziz was also in Riyadh. He was in Riyadh and had no need for the house, so his mother remained in this house, and his daughters got married.
And Muhammad has children, and they are living in the second house, and they are fulfilling what is due from them regarding the 'Isha' prayer and other bequests. So the son, 'Abdullah ibn 'Abd al-'Aziz, requested...
The Shaykh : The one in Riyadh.
The questioner : The one in Riyadh came and said, "Muhammad, who is the uncle, because he now has the agency (wakalah) of the bequest, so he is now the one in charge of collecting the things."
The agency, so the agency now became Muhammad's, he is the one who... So 'Abdullah ibn 'Abd al-'Aziz requested that money be paid. Muhammad said, "The house now has no need, and it is not reasonable that we leave the house like this. We must rent it out, and you have no need for this house."
The Shaykh : He says to his uncle.
The questioner : Yes, regarding the house, the uncle says, O Shaykh.
The Shaykh : Meaning, when 'Abd al-'Aziz's son, 'Abdullah ibn 'Abd al-'Aziz, requested his right, his uncle said this to him.
The questioner : No, 'Abdullah has no need for the house at all, because he is in his own house, settled, and has money, meaning he is independent of this house.
The Shaykh : Fine.
The questioner : And Muhammad is living in the second house, and the bequest is in effect, meaning this one lived in one house and this one in the other, but his children... all died, and his daughters got married and went to their husbands' homes with their spouses.
So O Shaykh, regarding this house now, the second house remains. Muhammad, who is the agent, said, "We want to rent out this house because it has no need. So should 'Abdullah sit in it whenever he comes, or should those in need among Muhammad's children live in it?"
The Shaykh : By Allah, first: this is a matter between litigants, and it is my custom that I do not issue fatwas on matters involving litigants, because Allah, Glorified and Exalted is He, rebuked Dawud, who was a prophet among the prophets, when he judged before listening to the other party's statement. So how about us?!
And the second thing: the matter of endowments (waqf), the issues of endowments cannot be ruled upon except by looking at the endowment document, because a single word can change the course of action. Therefore, I cannot issue a fatwa on this until 'Abdullah and his uncle Muhammad agree on it and bring me the bequest with the endowment document.
The questioner : But what is the original rule regarding endowments?
The Shaykh : Ah.
The questioner : The original rule regarding endowments.
The Shaykh : It has no original rule except what is in the documents, except what contradicts the Shari'ah, which is annulled.