Replacing a Waqf (endowment) in Makkah with another in Jeddah

Question 26: We have a waqf (endowment) building in Makkah composed of three floors and a shop. The total revenue is 4,300 riyals. The money goes to the widows, minors and heirs of Mr. Muhammad Ramzee (may Allaah be merciful to him). We wish to exchange it for another building in Jeddah, as the revenue will be doubled there. Please guide us in this matter.

Answer: Makkah Al-Mukarramah is a blessed city, and it is the secure city of Allaah. All other places are less in status. The buildings in Makkah have a better chance of being sold or rented out compared to those in Jeddah. Makkah enjoys a flourishing real estate market during the Hajj and `Umrah seasons as compared to Jeddah. Even if it is stagnant during some seasons or has some stagnant buildings, this will be temporary and will soon end. Consequently, it is not permissible for you to sell the building and buy another one with its price in any place other than Makkah… read more here.

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Dedicating the property to be distributed among heirs as Waqf without seeking their permission

Question 25: Some people collect the money of the deceased and put it beside the Mus-haf (copy of the Qur’aan), then all the attendees put their hands on it (the Mus-haf) and endow the heirs’ money without their permission. What is the ruling on this?

Answer: This act is Baatil (null and void), because the deceased’s money is only the right of the heirs in accordance with Allaah’s rules for distribution.It is only permissible to take it from them with their permission and complete willingness. The Messenger (peace be upon him) said, It is unlawful to take a Muslim’s money, unless they willingly give it. This Waqf is Baatil, because it involves injustice and unlawful taking of people’s money. May Allaah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions… read more here.

Dedicating a mortgaged object as Waqf (endowment)

Question 24: A man came to us saying that he had a two-storey property, which he had built by a loan from the Real Estate Development Fund and he wanted to make it a Waqf (endowment), even though he still had a mortgage on it with Real Estate Development Fund. We hope that Your Eminence will tell us whether this is permissible or not. Al-salaamu ‘alaykum wa rahmatullaah wa barakaatuh (May Allaah’s Peace, Mercy, and Blessings be upon you!)

Answer: One of the conditions of a Waqf is that the owner must have absolute ownership of it and that no one else should have a right to it. Therefore, if the house in question is mortgaged to a person or a public authority, it is not possible to make it a Waqf until it is released from the mortgage on it. May Allaah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions… read more here.

Permissibility of spending on any charitable cause if no stipulation is made by the donor

Question 23: There is a number of Waqfs (endowments) in the Al-Qaasim area. The donors of these Waqfs stipulated that they should be used for charitable deeds. The Charitable Society for Memorizing the Qur’aan in Al-Qaasim is teaching the Book of Allaah (Glorified and Exalted be He) and supervising Qur’aan lessons given in Masjids (mosques). The society is in great need of financial assistance, because it is responsible for paying remunerations to the teachers and students, and this necessitates large amounts of money. We would therefore like to have a Fatwaa (legal opinion issued by a qualified Muslim scholar) from Your Eminence that permits us to give these Waqfs to the Charitable Society for Memorizing the Qur’aan. If you view this as we hope, it may encourage donors and Waqf Wakeels (legally accountable people who act on behalf of another for a specific permissible matter) to give their Waqfs or their incomes to this society in our area, to help it to carry out its mission in the way required of it. May Allaah grant us all success in doing what pleases Him.

Answer: If the reality is as you mentioned and the donors of these Waqfs stipulated that the income from their Waqfs should be spent on charitable deeds, it is permissible to use them or a part of them for the Charitable Society for Memorizing the Qur’aan, to be spent on the teacher’s salaries or as rewards for the students, clerks, workers, and other things related to teaching Qur’aan memorization and the science of the Sharee‘ah (Islaamic law). This can be done after paying for the maintenance and repairs of the Waqfs from their incomes. May Allaah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions… read more here.

Changing the assigned recipients of Waqf (endowment)

Question 22: Among the farms in our village, there are two Waqf (endowment) lands; one dedicated to the poor and the other to a Masjid (mosque). The price of selling both their yields or vegetables and fruits are divided between these two recipients; poor people and the Masjid. My father, may Allaah be merciful to him,built another Masjid at his own expense before he died. This new Masjid – which my father built on a land near the endowed land – needs the finance that comes from the endowed land, since the old Masjid has become very far. The question is: Is it permissible to spend half of the Waqf money that goes to the poor in any other righteous way? Give us your Fatwaa (legal opinion issued by a qualified Muslim scholar), may Allaah grant you success!

Answer: You should abide by the stipulation of the person who made this Waqf and give the lands’ yields to the specified recipients. Also, it is not permissible to spend it in any other way unless the Waqf is no longer beneficial, in which case the matter is referred to courts. May Allaah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions… read more here.

Impermissibility of dedicating Waqf to some children to the exclusion of others

Question 21: The questioner endowed a house to his two sons to the exclusion of his daughters. Now that the sons have grown up and are independent, the father wants to endow this house to his daughters until they get married; with the intention to later endow it to his younger children and so on. He wants to know if this kind of Waqf (endowment) is permissible or not.

Answer: This Waqf is impermissible because it is unfair that your sons, `Abdul-Rahmaan and Ahmad, are privileged while the daughters were excluded. The same applies if you change it to benefit your daughters until they are married then bequeath it to your young children afterwards. Doing so would deprive your sons `Abdul-Rahmaan and Ahmad of their right, as well as your married daughters. If you wish to establish a Waqf, the Committee recommends that you endow it to any charitable cause or to whomever is most in need amongst your children and their successors, males and females, without causing harm to any of the heirs… read more here.

Dedicating all one’s property as Waqf (endowment) in behalf of a person’s children

Question 20: I want to endow my share in a property and other assets to my children for generations to come. I would like to know if any of my sons’ wives are entitled to inheritance. If so, are any of my sons entitled to inherit their wives?

Answer: It is not permissible for a person to make all his possessions Waqf (endowment) for his children because this is unjust Waqf, because it involves depriving the wives as well as the legitimate heirs from their legitimate legacy. Based upon that, any of the heirs who do not benefit is considered deprived of their legacy, and those who benefit from the legacy are deprived of lawful inheritance and the ability to have full control of their share of the legacy. This contradicts the sanctified Sharee`ah. The lawful way is that the person makes a will of one third of his or her property to be spent on charitable avenues, and a share for his needy heirs. Nothing is wrong with that as it has been authentically proven in the two Saheeh books of Hadeeth (Al-Bukhaaree and Muslim) that the Prophet (peace be upon him) said to Sa`d when he asked whether he could donate all his money, “No.” Sa`d said, “Then half?” He (peace be upon him) said, “No.” Sa`d said, “One third?” He (peace be upon him) said, “One third and that is much.” It is also narrated by Imaam Ahmad, Aboo Daawood and Al-Tirmidee who said it is a Hasan (good) Hadeeth that the Prophet (peace be upon him) said: No will must be made to an heir.read more here.

A father dedicating a Waqf (endowment) in behalf of some of his children, while excluding other

Question 18: A man has a number of sons, some by his wife and others by slave women. He wants to dedicate two-thirds of his land and real estate as Waqf (endowment) for the slave women and their children and not the other sons. Is this permissible?

Answer: It is not permissible to make a Waqf for some sons and not others, as this Waqf will be unjust and it was declared Haraam (prohibited) by the Prophet (peace be upon him) who said, “Fear Allaah and treat your children fairly.” (Agreed upon by Al-Bukhaaree and Muslim) May Allaah grant us success… read more here.

A father dedicating a Waqf (endowment) in behalf of his daughter

Question 17: My father, `Abdul-`Azeez Al Husayn passed away in 1387 A.H. Among his private documents, I found a document stating that he had given a tree to one of his daughters as Waqf. This girl died at an early age. The document is dated 1364 A.H. and the girl was born in 1332 A.H. and died when she was 13 years old. The question now is:

1- Is it permissible to assign Waqf (endowment) for minors?

2- If it is valid, is it permissible to single her out without her sisters; taking into consideration that her siblings at that time amounted to almost eight males and females?

3- If that Waqf is valid, should it be added to the third of the will or is it something separate?

A copy of the document is attached to my letter.

Answer: Having perused the document, the Committee holds the view that the Waqf which the questioner mentioned is valid. Its outcome should be spent in the ways of goodness such as `Ashayyat (plural of `asha’ i.e. dinner) which is served to the poor at night in Ramadan and for offering sacrificial animals. This document is certified by Ibraaheem Al-Duhaym Al-Husayn and was written by Ibraheem ibn `Ubayd `Al `Abdul-Muhsin. Therefore, the Committee finds no reason to declare it invalid and cancel the Waqf. The tree should be separated and should not be included in the third of her father’s will as the questioner mentioned… read more here.

The donor of land as Waqf for a Masjid may not reclaim it, even if it is not needed anymore

Question 17: A person is asking about the ruling on taking back a piece of land, which he donated to establish a Masjid (mosque) even by purchasing it because the Ministry of Awqaaf (endowment) is in no need of this piece of land.

Answer: It is not permissible to take back the land which you gave as Waqf even by purchasing it because you gave it for the sake of Allaah (Exalted be He). However, it may be sold to someone other than the endower. It is authentically reported that `Umar (may Allaah be pleased with him), gave a horse in charity to be used in the cause of Allaah. It had been given to him by Allaah’s Messenger (peace be upon him). `Umar gave it to another man to ride. Then, `Umar was informed that the man put the horse up for sale, so he asked Allaah’s Messenger (peace be upon him) whether he could buy it. Allaah’s Messenger (peace be upon him) replied: You should not buy it, for you should not take back what you have given in charity. Related by Al-Bukhaaree… read more here.

Impermissibility of revoking a Waqf

Question 16: A man let his land be used as a road and built his house beside it. After more than 30 or 40 years, his grandsons came and built a house on the land that their grandfather had let be used as road. What is the ruling on this case?

Answer: If someone lets their land be used by people as a road, intending it as a Waqf (endowment) or he announced it as such, it has become a Waqf. It is therefore not permissible for him or for his children to take it back… read more here.

Fixing a broken item found on the road and then making it Waqf

Question 15: I found a broken-down water cooler near the Masjid (mosque), so I fixed it and placed it in front of my house near the Masjid. I intended it to be a Sadaqah Jaariyah (ongoing charity) for its first owner, my father, my mother and myself equally. Please tell me: Is this permissible or not?

Answer: If the water cooler is dedicated to the Masjid or if its owner has intended it to be for the Masjid, you must return it beside it and you will be rewarded for fixing it. However, if the cooler has been discarded and thrown in the street, there is no harm in what you have done… read more here.

Impermissibility of replacing the furnishings of a Masjid

Question 14: Is it permissible for someone to take a carpet or anything else from a Masjid (mosque) by accident or otherwise and replace it with something better?

Answer: This is not permissible, as the carpet is a Waqf (endowment) for the Masjid, and it is not Halaal (lawful) for you to dispose of it, even if it does appear to be beneficial to do so. You should coordinate this with the relevant authorities in the Masjid who would follow the Shar‘ee (Islaaamically lawful) procedure… read more here.

Taking back land donated to the Masjid

Question 13: A long time ago, I donated a piece of my agricultural land known as (Al-Khalibah) located in the area of `Asir Banoo `Amr to expand the old Masjid (mosque) in order to provide room for all the people of the village. I handed this piece of land over to the Ministry of Hajj and Awqaaf at that time. However, today some other people, may Allaah reward them best, have built a large Masjid other than the old Masjid.Now the old Masjid has not been expanded.

Is it permissible for me to take back the piece of land I donated for expanding the old Masjid, since it has not been used or had anything annexed to it? I appreciate your advice. May Allaah reward you best!

Answer: You do not have the right to go back on your donation of the land you mentioned which you gave as Waqf (endowment) for Allaah’s Sake and handed it over to the competent authorities. We hope Allaah will reward you greatly for that… read more here.

Spending money dedicated for building new Masjids to renovate old ones

Question 12: In reference to your Letter no. 19/1 dated 6/1/1418 A.H., which is accompanied by the letter sent from His Eminence, Shaykh `Abdul-Qaadir Habeebullaah Al-Sanadee, which discusses the needs of the Masjid built by the institution in the city of Nuab Shah, Sind, for some important utilities, such as the accommodation for the Imaam (leader of congregational Prayer) and the Mu’addin (caller to Prayer) and bathrooms, please be advised that there are some applications submitted to the institution to provide such utilities, in addition to furnishing, air conditioners and microphones. They are shown to benefactors, but not many people offer help. We receive money from many benefactors who want to contribute to building Masjids. Is it permissible to use that money for providing these utilities, given that those who donated it did not stipulate using it to build a certain Masjid? Please advise concerning this issue. May Allaah reward you for your interest in the affairs of Muslims. May Allaah benefit us by your knowledge and Jihaad (striving in the Cause of Allaah); He is the Generous One. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

Answer: Donating to build a certain Masjid entails all the utilities of the Masjid, including the accommodation of the Imaam and the Mu’addin, bathrooms, furnishing and so on, because they belong to the Masjid. However, if a person donates a sum of money to build or participate in building a Masjid, no part of this donation should be spent for establishing the utilities of another Masjid, because establishing the utilities only cannot be called building a Masjid. In this case, the condition of the Waaqif (endower) is not fulfilled. The money should only be spent for the purpose of the Waaqif, which is building a new Masjid, including its utilities… read more here.

Renting out the Imaam’s accommodation

Question 11: A person gave a house as Waqf (endowment) to an Imaam. Is it permissible for that Imaam to rent it for money if he does not want to live there?

Answer: It is permissible for the Imam to rent this house and take the rent for himself. There is no harm as long as he undertakes the responsibilities of being the Imaam… read more here.

Using an area of the Masjid to build accommodations for the Mu’addin and Imaam

Question 10: The Masjid (mosque) in their neighborhood is old and should be razed and rebuilt from the benefactors’ donations. Also, some of the people living near the Masjid have offered their houses to be annexed to the Masjid. However, these houses are not enough to establish a house for the Imam (the one who leads congregational Prayer) and another for the Mu’addin (caller to Prayer). What is the ruling on taking part of the Masjid to establish a house for the Imaam and another for the Mu’addin?

Answer: It is not permissible to establish a house for the Imam, Mu’addin, or both from a part of the Masjid, because its land is a Waqf (endowment) dedicated for offering Salaah (Prayer) on it… read more here.

Using a part of a Masjid’s land to construct a school thereon

Question 9: All praise be to Allaah Alone, and peace and blessings be upon the one after whom there shall be no prophet.

The Permanent Committee for Scholarly Research and Ifta’ has reviewed the letter sent to His Eminence the Grand Muftee (Islamic scholar qualified to issue legal opinions) from the Under secretary of the Ministry of Islaamic Affairs responsible for Masjids (mosques). The letter no. 4932/7, dated 13/4/1414 A.H. was forwarded to the committee by the General Secretariat of the Council of Senior Scholars on 17/4/1414 with no. 1723. It states the following:

“Imaam (the one who leads congregational Prayer) Jamaal Al-Qar‘wee, of Masjid Shaykh ‘Abdul-Rahmaan Al-Dawsaree in Al-Salaam District of Riyadh, came to us with the attached request. The request indicated that in this neighborhood there was a need to teach women to memorize the Ever-Glorious Qur’aan, which would require the construction of classes to serve this purpose on a part of the land belonging to the aforementioned Masjid, because of the availability of space there. Our specialist committee inspected the Masjid and there is an empty area of 27.20 x 18.50m to the south-east, where we would like to build the school. The attached sketch shows the area.

According to what was previously mentioned, and the instructions from His Highness in the letter no. 4/442, dated 6/3/1406 A.H., which were based on your letter no. 1451, dated 17/7/1405 A.H. – that says that it is not permissible to take a part of the land belonging to the Masjid for any purpose until the matter has been referred to the judge of the district where the Masjid is located, or the Permanent Committee for Scholarly Research and Ifta’ examines the case and issues a decree or Fatwa as to what they see would serve the best interests of the Masjid – we hope that you will look at this matter and tell us your opinion regarding it so we can implement it.”

Answer: Having studied the matter, the Committee replies as follows… read more here.

Using part of the Masjid (mosque) to build a Wudoo’ (ablution) room

Question 8: A complaint has been submitted stating that their Masjid (mosque), which is located in Hullat-ul-Shu‘bah, has no land around it that could be used to build toilets on, and there are no toilets in the Masjid now. The people are in dire need of some toilets, as there are many people who perform Salaah in this Masjid. They therefore want to use a small part of the eastern corner of the Masjid to make some toilets, with doors that will open onto the street. We would like to ask about the permissibility of this.

Answer: If the reality is as you mentioned, that there is no land around the Masjid that could be used to build toilets, the people of the Masjid are in a dire need… read more here.

Can we use surplus money of one Masjid (mosque) to construct another Masjid too?

Question 7: All praise is due to Allaah Alone, and peace and blessings be upon the last Prophet. To commence:

The Permanent Committee for Scholarly Research and Ifta’ have read the question submitted to his Eminence, the general chairman by the judge of Daws Court, which is referred to the Committee from the General Secretariat of the Council of Senior Scholars No.609 in 29 / 1 / 1417 A.H. The text of the question is as follows:

Ahmad ibn Muhammad ibn Saalih Al-Zahraanee tells us that he asked a benefactor to give him a sum of money to build a Masjid Jaami` (A large mosque where Jumu`ah [Friday] Prayers are held) in one of the villages. The benefactor paid him this sum of money. It should be noted that this person is a supervisor and not a contractor. Then he asked another benefactor to give him a sum of money to build another Masjid. The second benefactor paid a part of the money but did not pay him the rest. Therefore, the process of building the second Masjid stopped. The supervisor mentions that he had some money left after building the first Masjid, so he directed the extra money to complete the second Masjid because the second benefactor did not fulfill his promise to complete the second building and the contractor asked him for his right. This person is asking you to issue a Fatwaa concerning the ruling of his action; whether his act is valid or if he is sinful? Should he return the extra money to the first benefactor or what should he do? It is worth mentioning that he is not a contractor and does not have enough money to complete the second Masjid. Could you please enlighten me in this regard so I can tell him about the legal ruling on this issue.

Answer: After the Committee had perused the question, its reply is as follows… read more here.

Asking others to salute the prophet or any other dead person on one’s behalf

Question 6: I have about sixty audio tapes of Qur’aan, Hadeeth, and Khutbahs (sermons). I also have some Islaamic books. I hope that the reward of the foregoing reaches me in my burial place; should I donate them during my lifetime to some Masjids (mosques), give them as gifts to some friends, or determine in my will that they should be donated after my death? Which is more proper; to donate such tapes and books while I am still alive or to do so after my death bearing in mind that my children may benefit from them. May Allaah reward you with the best!

Besides, I appeal to whomever reads this letter to make Du`aa’ (supplication) for me in Al-Haram-ul-Makkee (the Sacred Mosque in Makkah) if they are close to it and to send my salutations to the Messenger (peace be upon him) and to ‘Aboo Bakr and `Umar (may Allaah be pleased with them both). This is Amaanah (a trust)! May Allaah’s Peace, Mercy, and Blessings be upon you!

Answer: Firstly, All these are ways of goodness and benevolence. However, you have to seek the way which achieves the greatest interest and benefit for you and your children both during your lifetime and after your death… read more here.

Is it permissible to sell books dedicated as Waqf (endowment) from Daar Al-Ifta’

Question 5: Is it permissible to sell the books that are given as gifts by Daar Al-ifta’ (House of Fatwaa) or the Muslim World League in Makkah, or books that are given as Waqf (endowments) in general, whether there is a necessity to do this or not? Also, is it permissible to get many copies of the same book or deliberately request many copies, and then exchange the duplicates for books with other people?

Answer: It is not permissible to sell the books you mentioned or any other Waqf books. The owner of these books should either benefit from them themselves or give them to someone else who can, without receiving anything in return… read more here.

Taking a fee for books and tapes dedicated as Waqf (endowment)

Question 4: The library in the Masjid (mosque) lends some valuable books and tapes to borrowers for a certain period for a nominal fee for each item. Is this permissible or is it regarded as a business?

Answer: The books and other items in a Masjid library are regarded as Waqf (endowments)… read more here.

Designating Mus-hafs (copies of the Qur’aan) to be distributed in a specific way

Question 3: I got some Mus-hafs (copies of the Qur’aan) from the Saudi Ministry of Religious Endowments to be sent to a Faqeer (poor) domestic Masjid (mosque) which is located in my village in Egypt. Such Mus-hafs have been taken to Egypt by a friend of mine. Nevertheless, my friend delivered a big part of these Mus-hafs to the Masjid mentioned above and distributed few Mus-hafs amongst some friends who abide by Islaam; we think them so In-shaa’-Allaah (if Allah wills). It may be worth mentioning that I was told that the Mus-hafs were given to such friends to read from them and not for decoration. Does this distribution of some Mus-hafs amongst friends comply with the main purpose of sending these Mus-hafs to Egypt or not? We hope that your Eminence will provide us with your beneficial answer regarding these questions. May Allaah enable you to support the cause of Islaam and Muslims. May Allaah reward you with the best.

Answer: Your friend mentioned above is only permitted to give such Mus-hafs to the Masjid for which they are allocated or to a similar Masjid… read more here.

Taking a Mus-haf (copy of the Qur’aan) out of the Haram to recite from it at home

Question 2: Is it permissible to take a Mus-haf (copy of the Qur’aan) from the Sacred Mosque (the Sacred Mosque in Makkah) to recite it at home?

Answer: It is not permissible to take any Waqf (endowment), whether the Mus-hafs, books or anything like that, outside the place where they are kept… read more here.

Dedicating the reward of the Waqf (endowment) of Mus-hafs (copies of the Qur’aan)

Question 1: My father died 10 years ago and since then I have given Sadaqah (voluntary charity) on his behalf. I would buy some Mus-hafs (copies of the Qur’aan) and put them in the village Masjid (mosque) which is short of them. I type on each Mus-haf the words: “This is Waqf (endowment) whose reward is dedicated to Muhammad Muhammad Faraj, may Allaah be merciful to him”. What is the Islaamic ruling on this? Is this Haraam (prohibited)? Should I only write “This is Waqf” and not write anything else? Please guide me to the best way in this regard. May Allaah be merciful to you!

Answer: It is a good deed to give Sadaqah on your father’s behalf and dedicate the reward of endowing the Mus-hafs to him, may Allaah accept that from you… read more here.