What is the ruling on selling waqf books if their benefit is lost due to age, the publication of a better critical edition, or other reasons?
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The questioner : Selling waqf books when the benefit is lost, whether due to the age of the book, the publication of a better critical edition, or the tearing of the book, where the book is sold and another better book is bought, whether in terms of critical editing, printing, or otherwise. I don't know, O Shaykh?
The Shaykh : Yes. As for when the benefit of the waqf book is lost such that it is torn or its paper has become worn out so that reading is not possible, there is no harm in selling it and buying a replacement. As for when it remains and can be used, if someone buys a better replacement for it on the condition that the reward of this last waqf is for the first one, there is no harm, because he has replaced the waqf with something better. However, if he wants to cancel the first waqf and make the reward for himself, this is not permissible, because it is an encroachment on the rights of its owner. Did you understand? I say: Did you understand now?
The questioner : What do you mean?
The Shaykh : Now I say: If the waqf cannot be used due to the tearing of the paper or because it has become worn out and old, it is sold and a replacement is bought, even if we suppose that we did not find its equivalent but found another book that serves as its substitute or part of its substitute, there is no harm. However, if it can be used but a new edition has appeared that is better in paper or has annotations, it is not permissible to replace this with that, except if the one who wants to make the reward of the last edition for the first one, then there is no harm. Yes.
The Shaykh : Yes. As for when the benefit of the waqf book is lost such that it is torn or its paper has become worn out so that reading is not possible, there is no harm in selling it and buying a replacement. As for when it remains and can be used, if someone buys a better replacement for it on the condition that the reward of this last waqf is for the first one, there is no harm, because he has replaced the waqf with something better. However, if he wants to cancel the first waqf and make the reward for himself, this is not permissible, because it is an encroachment on the rights of its owner. Did you understand? I say: Did you understand now?
The questioner : What do you mean?
The Shaykh : Now I say: If the waqf cannot be used due to the tearing of the paper or because it has become worn out and old, it is sold and a replacement is bought, even if we suppose that we did not find its equivalent but found another book that serves as its substitute or part of its substitute, there is no harm. However, if it can be used but a new edition has appeared that is better in paper or has annotations, it is not permissible to replace this with that, except if the one who wants to make the reward of the last edition for the first one, then there is no harm. Yes.