Is it permissible to eat from, donate from, and give as gifts from the yield of an endowment (waqf) cultivated with rainwater, and what about disposing of the profits from its sale, and is it permissible to take compensation for the effort expended, and what would be its percentage?
Firstly: It is permissible for the waqf administrator to take a fee for his work. If the endower specified a certain amount, that amount should be taken. Otherwise, the determination of the amount is referred to the judge. If a judge is unavailable, then the administrator must strive to achieve justice through consultation and investigation. The permissibility of this is indicated by the Prophet's (PBUH) saying: "What I leave behind after the maintenance of my wives and the expenses of my worker is charity."
Secondly: It is permissible for the administrator to eat from the produce of the waqf, within reason, and to feed his friend and guest from it, without acquiring ownership, storing, or selling it. This is based on the Prophet's (PBUH) saying in the of Umar: "There is no blame upon its administrator if he eats from it reasonably or feeds a friend, without intending to acquire wealth from it."
Thirdly: If the endower did not specify a beneficiary for the waqf, the majority of scholars agree on the validity of the endowment, though they differ on its disposal. Some believe it should be given to the poor, others believe it should be allocated according to the prevalent use of waqf in the endower's country, and yet others believe it should go to the poor heirs of the endower. If there are no such heirs, then it should go to the poor Muslims.
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- Original fatwa ID
- 20610
- Imported
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