Is it permissible to retract the donation of land that was executed after the father's death for the purpose of establishing a school, and can it be converted into an endowment (waqf) whose proceeds are spent for the father's soul in the event that the school is not established? And what is the ruling on adding a condition to the endowment contract that allows one of the heirs to sell his share of the endowed land out of necessity? And is it permissible to register the land directly as an endowment in the father's name, or must it first be divided among the heirs, and then each heir donates their share? And can the area of the endowed land be reduced, and is it permissible to sell the endowed land out of necessity or reclaim it as part of the inheritance?
The endowment (waqf) is a binding contract if it fulfills its conditions. The endowed property exits the ownership of thefunder and does not enter his estate. If the father endowed the land during his lifetime, you have no right to it. If he bequeathed its endowment after his death, you are obliged to execute his will within the limits of one-third (of his estate). However, if he intended to endow it but did not do so, the land remains his property and is inherited from him, and the heirs are not obliged to endow it, though it is commendable for them to do so. And whoever endows a portion of his share is not permitted to revoke his endowment.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 195206
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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