It is said that there is an endowment called the al-Juhuf endowment in Ta'if, and the endowment stipulates that its returns are for the grandchildren of four women, on the condition that the beneficiary of this endowment is from
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The questioner : It is said that there is an endowment called the al-Juhuf endowment in Ta'if, and the endowment stipulates that its returns are for the grandchildren of four women, on the condition that the beneficiary of this endowment is from the grandchildren of the four women, poor and destitute, such that none of them possesses the sustenance of the day. Since Allah the Exalted has bestowed upon us from His grace and favor, and since one-tenth of the endowment's income is currently estimated at two hundred thousand riyals, which is allocated entirely to the supervisor of this endowment, thereby negating the condition of poverty and destitution, what is the ruling of the Shari'ah in this matter?
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. It should be known that if the endower specifies conditions, they must be adhered to, unless they involve disobedience to Allah. If they involve disobedience to Allah, there is no harm in diverting the funds to something other than what the endower stipulated; in fact, it is obligatory for us to do so, as Allah the Exalted said:[Al-Baqarah 2:182] The negation of sin does not mean the negation of obligation in its proper place. However, if the endower's conditions do not involve disobedience, they must be adhered to according to his stipulation, and there is no harm in transferring the endowment to a direction that is better and more beneficial, as established in the hadith from the Prophet (peace and blessings be upon him): A man said to him on the day of the Conquest: "I vowed that if Allah grants you victory over Makkah, I will pray in the Sacred Mosque." He said: He repeated it to him, and he said: He repeated it to him, and he said: This is evidence that it is permissible for a person to divert what he has vowed to something that is better and more appropriate. Similarly, the endowment: since the endower, as the questioner stated, stipulated as a condition for eligibility that the beneficiary be destitute and poor, possessing no sustenance for the day, it is not permissible for any of the grandchildren of this endower or the grandchildren of his daughters who possess the sustenance of the day to take anything from the endowment, due to their lack of eligibility, since the endower stipulated this condition which does not apply to them. Therefore, the income is to be diverted to other directions of righteous deeds from which the endowment benefits. Yes.
The questioner : The questioner has a remainder in his question that I did not notice.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. It should be known that if the endower specifies conditions, they must be adhered to, unless they involve disobedience to Allah. If they involve disobedience to Allah, there is no harm in diverting the funds to something other than what the endower stipulated; in fact, it is obligatory for us to do so, as Allah the Exalted said:
But if one fears from the bequeather [some] error or sin and corrects that which is between them, there is no sin upon him. Indeed, Allah is Forgiving and Merciful.
فَمَنْ خَافَ مِنْ مُوصٍ جَنَفًا أَوْ إِثْمًا فَأَصْلَحَ بَيْنَهُمْ فَلا إِثْمَ عَلَيْهِ إن اللَّهَ غَفُورٌ رَحِيمٌPray here.
صل ها هناPray here.
صل ها هناSo do as you please.
شأنك إذاًThe questioner : The questioner has a remainder in his question that I did not notice.
