Is it permissible to sell a family endowment (waqf dhurriya) if the mother endowed a piece of land for her children, so that each of them could build an apartment, but the children and the father are complaining about the land's remoteness and have agreed to sell it?
The waqf (endowment) ceases to be the property of the endower but does not become the property of the beneficiary. Therefore, it is not permissible to sell it. The jurists have explained this by stating that if it were to become the property of the beneficiary, they would be permitted to sell it like their other possessions, and it would not then pass to those who come after them, as stipulated by the endower. Furthermore, some descendants have not yet been born, and they have a right to this waqf. If the benefit of the waqf is not entirely disrupted, it is not permissible to sell it, even if its benefit has diminished, because the fundamental principle regarding waqf is the prohibition of sale, and it is only permitted in cases of extreme necessity.
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- Original fatwa ID
- 195221
- Imported
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