Endowments Cannot be Sold

Endowments Cannot be Sold


Question :

My father died - may Allah have mercy on him- and he had been left a small, private house by his parents. They charged him with the responsibility of slaughtering for them from the rent of the house throughout his life, then his sons who came after him were to be entrusted with this, but my father sold this house and then he died before he could dispose of its price, so it was included in the inheritance. So now we have a different house which was the property of my father, which he left to us and it has not been sold up to now. The question is: How do we deal with this will, bearing in mind that the value of my grandfather's own house is not more than fifty thousand Riyals. And is it permissible to invest the value of the house for them in some good works, or to share in the building of a mosque? May Allah reward you with goodness.


Answer:

My view is that this case be referred to the Court for them to decide the matter, because it is not permissible to sell endowments, if person has endowed it and designated its profit to be spent on slaughtering animals. However, if he has not endowed it, then it remains the property of the heirs, but this slaughter must be performed from its income forever. So the questioner must refer to the Court in this matter.


Source:
Ibn 'Uthaimin
Fatawa Islamiyah, Vol. 5 Pages 49-50

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