What is the ruling on selling real estate that has been officially waived in court, and what is the ruling on the profits obtained from its sale, after the legatee has committed to spending the perpetual charity (Sadaqah Jariyah) enjoined by the father?
If your father bequeathed an endowment (Sadaqa Jariyah) of one million, and your share of the real estate inheritance was one million, this means that the property became jointly owned by you and the endowment.
The general rule is that it is forbidden to sell or exchange an endowment, unless its benefits have ceased or a predominant interest emerges. In such a case, it is sold and its price is used to purchase a more beneficial property. Ibn Taymiyyah explained that exchange occurs due to a need (such as the cessation of benefits) or for a predominant interest. Ibn Uthaymeen held that it is permissible to sell an endowment if its benefits have ceased, and he chose the permissibility of selling it for a predominant interest, but he warned of the necessity to refer to the ruler (judge) before selling to prevent tampering with endowments.
So, if there is an interest in exchanging the endowment, it is sold and its price is placed in another endowment. Since you sold the property, the endowment's share of it is one and a half million, and you must refer to the court to determine how to dispose of this money.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/20164