Ruling on selling an endowment when its benefits are suspended
Machine translationRead the Arabic original
Question:
The listener Muhammad Ali Muhammad Asiri sent a long message, the summary of which was a request for clarification of the rulings on endowments, and whether it is permissible to sell them if their benefits are suspended, or to transfer them to other beneficial uses. May Allah reward you with good?
Answer:
Yes, an endowment is not sold, not gifted, and not inherited, as the Prophet (peace and blessings be upon him) said: He said to 'Umar Bulugh al-Maram 7:180 So an endowment is not sold, not gifted, and not inherited; rather, it remains a held asset, and its produce and fruit are spent in the specific channels of good that the endower designated. If its benefits become suspended, it is sold and not left alone; it is sold, and its price is returned to what is better than it if the benefits are suspended, but through the court. If the country has a court, the court is consulted so that matters are regulated.
As for if it is in a country where there is no court, the guardian does that; the agent of the endowment sells it and buys with it what is better. If it was a house, he buys a better house, even if it is smaller, or a shop, even if it is smaller, according to what is facilitated. He strives to obtain what is better and does not leave it suspended, because this is a waste of wealth, and the Messenger (peace and blessings be upon him) forbade the waste of wealth. So if the benefits of the endowment are suspended, it is sold, and what is better is bought with it, such as a house, a shop, a farm, or the like. Its fruit is spent in the endowment whose fruit was sold, just as in the produce of the endowment that was sold, according to the will and according to the endowment document.
As for if it is in a country where there are Shari'ah courts, the agent consults the courts and sees what they direct him to do. Yes.
The presenter : May Allah reward you with good.
The listener Muhammad Ali Muhammad Asiri sent a long message, the summary of which was a request for clarification of the rulings on endowments, and whether it is permissible to sell them if their benefits are suspended, or to transfer them to other beneficial uses. May Allah reward you with good?
Answer:
Yes, an endowment is not sold, not gifted, and not inherited, as the Prophet (peace and blessings be upon him) said:
Give charity with its principal
تصدق بأصلهاHe gave the land in Sadaqah (as an endowment) that must not be sold or gifted, but its produce must be spent (as Sadaqah).
تصدق بأصلها، لا يباع ولا يوهب، ولكن ينفق وثمرهAs for if it is in a country where there is no court, the guardian does that; the agent of the endowment sells it and buys with it what is better. If it was a house, he buys a better house, even if it is smaller, or a shop, even if it is smaller, according to what is facilitated. He strives to obtain what is better and does not leave it suspended, because this is a waste of wealth, and the Messenger (peace and blessings be upon him) forbade the waste of wealth. So if the benefits of the endowment are suspended, it is sold, and what is better is bought with it, such as a house, a shop, a farm, or the like. Its fruit is spent in the endowment whose fruit was sold, just as in the produce of the endowment that was sold, according to the will and according to the endowment document.
As for if it is in a country where there are Shari'ah courts, the agent consults the courts and sees what they direct him to do. Yes.
The presenter : May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.