The Ruling on the Custodian of an Endowment Consuming from the Endowment
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Question:
This is a question sent by the listener Nā'im Ḥawīmad al-Sulami from the village of al-Mutanah in Wadi Sayh. He says: I have sheep that my father gave as a bequest on behalf of his mother, and he has since passed away. I am now in his position. Is it permissible for us to eat from them, drink from their milk, and dispose of them as we dispose of our own property, or not? Please inform us, may Allah reward you with good.
Answer:
Endowments are an act of drawing near to Allah, a continuing charity, as in the authentic hadith of the Prophet (peace and blessings be upon him) that he said:Riyad as-Salihin 1383 It was narrated by Muslim in his Sahih.
So continuing charities, such as endowments, where one endows sheep, or camels, or endows a house, or land to be cultivated so that the produce of the land, or the offspring of the camels, cattle, and sheep, or the rents of houses are given in charity—this is a continuing charity. It has merit in it, and it has reward. The custodian over it must fear Allah and carry out what was bequeathed, or what the endower established according to the Shari'ah, if it is a lawful endowment that contains nothing that contradicts the Shari'ah of Allah. In that case, the agent-custodian carries out what the bequeather or the endower said.
And if the custodian is weak and poor, it is permissible for him to eat from it, as 'Umar said regarding his endowment: "There is no blame on the one who takes charge of it to eat from it in a known manner." So if the guardian, meaning the custodian, is poor, it is permissible for him and his family to eat from it in a known manner, without extravagance or waste. And if he contacts the judge of the town and agrees with him on a known wage, that is good, so that he takes precaution for his religion and does not expand in eating from the endowment. If the judge sets a known amount for him, limiting him to a limited amount for his effort, there is no harm. And if he eats from it without consulting the judge, in a known manner, without extravagance or waste, from the produce of the endowment in return for his effort, and because he is among the most deserving people of this endowment, since it is the endowment of his father, or his grandfather, or the like, all of this is permissible, if Allah wills, and there is no blame. Yes.
The presenter: Regarding these animals, does this ruling also apply to their offspring?
The Shaykh: Yes, the animals themselves—he does not eat anything from them; the animals themselves remain an endowment. But their offspring, their young, their wool, their fleece, and any fat that comes from them—all of this is from their produce and yield, and he eats from it and gives it in charity.
The presenter: May Allah reward you.
This is a question sent by the listener Nā'im Ḥawīmad al-Sulami from the village of al-Mutanah in Wadi Sayh. He says: I have sheep that my father gave as a bequest on behalf of his mother, and he has since passed away. I am now in his position. Is it permissible for us to eat from them, drink from their milk, and dispose of them as we dispose of our own property, or not? Please inform us, may Allah reward you with good.
Answer:
Endowments are an act of drawing near to Allah, a continuing charity, as in the authentic hadith of the Prophet (peace and blessings be upon him) that he said:
When a man dies, his deeds come to an end except for three things: Sadaqah Jariyah (ceaseless charity); a knowledge which is beneficial, or a virtuous descendant who prays for him (for the deceased).
إذا مات ابن آدم؛ انقطع عمله إلا من ثلاث: صدقة جارية، أو علم ينتفع به، أو ولد صالح يدعو لهSo continuing charities, such as endowments, where one endows sheep, or camels, or endows a house, or land to be cultivated so that the produce of the land, or the offspring of the camels, cattle, and sheep, or the rents of houses are given in charity—this is a continuing charity. It has merit in it, and it has reward. The custodian over it must fear Allah and carry out what was bequeathed, or what the endower established according to the Shari'ah, if it is a lawful endowment that contains nothing that contradicts the Shari'ah of Allah. In that case, the agent-custodian carries out what the bequeather or the endower said.
And if the custodian is weak and poor, it is permissible for him to eat from it, as 'Umar said regarding his endowment: "There is no blame on the one who takes charge of it to eat from it in a known manner." So if the guardian, meaning the custodian, is poor, it is permissible for him and his family to eat from it in a known manner, without extravagance or waste. And if he contacts the judge of the town and agrees with him on a known wage, that is good, so that he takes precaution for his religion and does not expand in eating from the endowment. If the judge sets a known amount for him, limiting him to a limited amount for his effort, there is no harm. And if he eats from it without consulting the judge, in a known manner, without extravagance or waste, from the produce of the endowment in return for his effort, and because he is among the most deserving people of this endowment, since it is the endowment of his father, or his grandfather, or the like, all of this is permissible, if Allah wills, and there is no blame. Yes.
The presenter: Regarding these animals, does this ruling also apply to their offspring?
The Shaykh: Yes, the animals themselves—he does not eat anything from them; the animals themselves remain an endowment. But their offspring, their young, their wool, their fleece, and any fat that comes from them—all of this is from their produce and yield, and he eats from it and gives it in charity.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.