Back to search
The question

Is buying a house for orphans considered an ongoing charity (ṣadaqah jāriyah), knowing that it might be sold in the future?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Perpetual charity (ṣadaqah jāriyah) is an endowment (waqf), characterized by the inalienability of the principal and the dedication of its yield or usufruct, like 'Umar's (may Allah be pleased with him) endowment of his land in Khaybar. As for non-perpetual charity (ṣadaqah ghayr jāriyah), the principal is not inalienable; rather, it is given to the poor for them to own and benefit from. If a house is transferred to the ownership of orphans, it is a non-perpetual charity, and they have the right to sell it. However, if it is made an endowment for them, it is a perpetual charity, and they do not own the right to sell it. An endowment for a specific beneficiary is valid. If the endowment is designated solely for these orphans, excluding their children, then should they all pass away, the endowment becomes one with a severed beneficiary lineage (munqaṭi‘ al-jihat) and reverts to the heirs of the endower, as an endowment for them, unless otherwise stipulated. It is permissible to make the house an endowment for orphans to inhabit in rotation.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
20128
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy