The Ruling on Disposing of an Endowment in a Different Way than Intended by the Donor, When That is Not Possible
Question :
A person says: "There is a piece of agricultural land whose produce was made into an endowment for providing a meal to break the fast in Ramadhan only. Then it happened that there was no one left to take on the responsibility of managing the endowment but I.
I am an employee in a district far from this town and there is no one in the town who can take my place by preparing it for those who break their fast with it. Also, the people of our town work as animal herders in places which it is impossible for me to ascertain, and they do not gather except on 'Eid or on Fridays. So even if I prepared it, I would not find anyone to eat it. Therefore, is it permissible for me to distribute it as grain to those who deserve it, or to sell it and buy dates with its price, so that I may distribute them to those who deserve it?
Answer:
If the situation is as you say, that there is no one to take charge of this endowment except you and you are unable to undertake its preparation yourself and cannot find anyone to take your place in that, and that, even if you prepared it, there would be no one to eat it in this town, then it is permissible for you to distribute it as grain in Ramadhan to those who deserve it in your town, if that is possible. If it is not, then in the nearest town to that of the endowment and it is also permissible for you to buy dates with its price in order to distribute them. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.
Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 5 Pages 37-38
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