Ruling on transferring a waqf (endowment) if its benefits are compromised
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother / G. G. 'A. May Allah keep him safe
Peace be upon you, and Allah's mercy and blessings. After that:
Your noble letter, dated 15/2/1395 AH, has reached you, may Allah guide you. It contained a question regarding the existence of a prayer ground where people perform the two 'Id prayers and the prayer for rain. It was located about a kilometer away from the villages. Then the buildings developed and moved closer to it, until only half a meter remained between it and them. Consequently, it became a playground for children and a shelter for dogs. Is it permissible to transfer it to a location about half a kilometer away from the houses? And if transferring it is permissible, is it permissible to dispose of its original location for any private purpose? It was known.
Answer: It is permissible to transfer it from its current location to a more suitable and farther location from the buildings, if the honorable judge of the town and its notables deem that transferring it is better.
And if transferring it is permissible, then selling the original location is permissible, and its proceeds are to be spent on the benefits of the final prayer ground, such as leveling its ground and surrounding it with what protects it from dogs, livestock, and the like. It is permissible for the buyer of the original location to use it as a house or otherwise; because the ruling of the mosque has transferred from it through the sale and the legal justification.
However, it is not permissible for anyone from the people of the town to dispose of its sale except by consulting the judge of the town and his issuing a fatwa on the matter; because he is more knowledgeable about the interests of the lands and the legal ruling on selling a waqf (endowment).
May Allah guide everyone to understanding in the religion and steadfastness upon it.
And peace be upon you and the mercy of Allah and His blessings.
President of the Islamic University
Abdul Aziz ibn Abdullah ibn Baz
Peace be upon you, and Allah's mercy and blessings. After that:
Your noble letter, dated 15/2/1395 AH, has reached you, may Allah guide you. It contained a question regarding the existence of a prayer ground where people perform the two 'Id prayers and the prayer for rain. It was located about a kilometer away from the villages. Then the buildings developed and moved closer to it, until only half a meter remained between it and them. Consequently, it became a playground for children and a shelter for dogs. Is it permissible to transfer it to a location about half a kilometer away from the houses? And if transferring it is permissible, is it permissible to dispose of its original location for any private purpose? It was known.
Answer: It is permissible to transfer it from its current location to a more suitable and farther location from the buildings, if the honorable judge of the town and its notables deem that transferring it is better.
And if transferring it is permissible, then selling the original location is permissible, and its proceeds are to be spent on the benefits of the final prayer ground, such as leveling its ground and surrounding it with what protects it from dogs, livestock, and the like. It is permissible for the buyer of the original location to use it as a house or otherwise; because the ruling of the mosque has transferred from it through the sale and the legal justification.
However, it is not permissible for anyone from the people of the town to dispose of its sale except by consulting the judge of the town and his issuing a fatwa on the matter; because he is more knowledgeable about the interests of the lands and the legal ruling on selling a waqf (endowment).
May Allah guide everyone to understanding in the religion and steadfastness upon it.
And peace be upon you and the mercy of Allah and His blessings.
President of the Islamic University
Abdul Aziz ibn Abdullah ibn Baz
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.