So the Prophet, peace and blessings be upon him, said to him, “Pray here.” The man repeated his question two or three times, whereupon he said, “Then do as you wish.” (1)

Here, the Prophet, peace and blessings be upon him, permitted him to change his vow from what was less virtuous to what was more virtuous. It is well known that a vow to perform an act of obedience is obligatory. Thus, an endowment may be transferred or sold in order to replace it with something more beneficial. What Shaykh al-Islam, may Allah have mercy on him, chose is correct.

In this case, however, its sale or substitution must not be allowed except with the permission of the authority, because the beneficiary of the endowment may act hastily and say, “I will sell it in order to transfer it to something better,” while the matter may turn out contrary to what he assumes. Therefore, in such a case, it is necessary to refer to the authority—that is, the judge—so that people do not manipulate endowments.

An example of this is a person who endows an apartment building for students of knowledge in a location that was among the best locations when the endowment was made. But circumstances change, and the place where knowledge is sought comes to be in another area. Is it permissible for him to sell this building in order to buy another building close to the centers of learning?

According to the madhhab, it is not permissible, because its benefits have not ceased. According to the preponderant view, however, it is permissible, but the authority must be consulted so that people do not manipulate endowments.

It is understood from his statement, “unless its benefits cease,” that if only some of its benefits cease, it may not be sold. So long as even a single benefit remains in it,