Inheritance in the Prophet’s Sacred Precinct for a long time, some of which has been made an endowment, so what is the ruling?
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The questioner : May Allah reward you, O Shaykh. I testify to Allah for my love of you and my love of those who love you.
The Shaykh : May Allah make us and you among His beloved.
The questioner : We called you, our brothers in Allah. This paper is about inheritances that only Allah knows about, and it contains endowments from the Prophet’s Sacred Precinct and endowments that only Allah knows about. However, they are in the possession of people mentioned in the East, from long ago, meaning more than two hundred years ago. May Allah help us. They do not know who is entitled to them and who is not.
And they said, “I am afraid I will be held responsible for the beginning of it, so let us make them endowments for the Prophet’s Sacred Precinct.”
The Shaykh : Do you mean all of it?
The questioner : Yes. And one of us said, “I am afraid there is a beneficiary in it, and you are cutting off [their rights] without harm [to yourselves].” And they said, “You have Shaykh Ibn Uthaymeen, may Allah do him good and illuminate Islam and the Muslims through him. Consult him about it.”
The Shaykh : Where are these endowments?
The questioner : They are in Madinah.
The Shaykh : The same endowments in Madinah?
The questioner : No, they are outside, in the land of al-Ayun. But they were left open (unrestricted) by those who took charge of them long ago, more than two hundred years ago. They left much of it open, and the remaining half was encroached upon by some oppressors who took it. They said, “Do not leave it to the oppressors; they endowed it all.” They did not pay [the dues] in it, and they referred the opinion to Allah, the Best, and then to you.
The Shaykh : By Allah, O my dear one, this matter is great.
The questioner : Yes, it is true.
The Shaykh : It is not easy. There is a right for the Prophet’s Mosque in it, and there may be a right for the descendants, and there may also be a right for other parties. I do not see that you should seek a fatwa about it.
The questioner : O Shaykh.
The Shaykh : Be patient. I do not see that you should seek a fatwa from a mufti, neither from me nor from anyone else. I see, may Allah reward you, that you refer the matter to the court. If these places are in Madinah, then in Madinah; and if they are in another country, then in the country where these endowments are. And you let the judge be the one who rules.
Because the judge’s ruling settles the dispute, and no one remains with a claim, and the conscience is cleared by it. The one responsible before Allah is the judge. As for me, I ask you to allow me, for I am unable to issue a fatwa on it in any way, given the importance of the subject. And Allah knows best.
The questioner : May Allah reward you with every good.
The Shaykh : May Allah reward you with good.
The Shaykh : May Allah make us and you among His beloved.
The questioner : We called you, our brothers in Allah. This paper is about inheritances that only Allah knows about, and it contains endowments from the Prophet’s Sacred Precinct and endowments that only Allah knows about. However, they are in the possession of people mentioned in the East, from long ago, meaning more than two hundred years ago. May Allah help us. They do not know who is entitled to them and who is not.
And they said, “I am afraid I will be held responsible for the beginning of it, so let us make them endowments for the Prophet’s Sacred Precinct.”
The Shaykh : Do you mean all of it?
The questioner : Yes. And one of us said, “I am afraid there is a beneficiary in it, and you are cutting off [their rights] without harm [to yourselves].” And they said, “You have Shaykh Ibn Uthaymeen, may Allah do him good and illuminate Islam and the Muslims through him. Consult him about it.”
The Shaykh : Where are these endowments?
The questioner : They are in Madinah.
The Shaykh : The same endowments in Madinah?
The questioner : No, they are outside, in the land of al-Ayun. But they were left open (unrestricted) by those who took charge of them long ago, more than two hundred years ago. They left much of it open, and the remaining half was encroached upon by some oppressors who took it. They said, “Do not leave it to the oppressors; they endowed it all.” They did not pay [the dues] in it, and they referred the opinion to Allah, the Best, and then to you.
The Shaykh : By Allah, O my dear one, this matter is great.
The questioner : Yes, it is true.
The Shaykh : It is not easy. There is a right for the Prophet’s Mosque in it, and there may be a right for the descendants, and there may also be a right for other parties. I do not see that you should seek a fatwa about it.
The questioner : O Shaykh.
The Shaykh : Be patient. I do not see that you should seek a fatwa from a mufti, neither from me nor from anyone else. I see, may Allah reward you, that you refer the matter to the court. If these places are in Madinah, then in Madinah; and if they are in another country, then in the country where these endowments are. And you let the judge be the one who rules.
Because the judge’s ruling settles the dispute, and no one remains with a claim, and the conscience is cleared by it. The one responsible before Allah is the judge. As for me, I ask you to allow me, for I am unable to issue a fatwa on it in any way, given the importance of the subject. And Allah knows best.
The questioner : May Allah reward you with every good.
The Shaykh : May Allah reward you with good.