such as his receiving remuneration for his work while being poor, as in the case of an orphan’s guardian—then that independent evidence from Islamic law is to be acted upon. Otherwise, the founder’s stipulation does not entail giving him priority. There is no difference between the stipend and the allowance. It is comparable to maintenance, funded from the endowment’s property, not from the trustee’s remuneration. And Allah knows best.”
He—may Allah be pleased with him—was asked:
“Someone established an endowment for a specified group of people, including some for whose duties the founder assigned a fixed remuneration. He authorized the trustee of this endowment to dismiss whomever he wished from among them, removing them without payment; to remove and replace whomever he wished; and to increase or reduce anyone’s allowance according to his judgment and choice and what he considered beneficial. The trustee then dismissed one of the designated individuals and replaced him with someone qualified to perform the duties for part of the remuneration assigned to that position, applying the remainder for the benefit of the endowment. May the trustee do this?
“If he dismisses one of the designated individuals for the endowment’s benefit, but that individual continues to receive the remuneration after learning of his dismissal, does he thereby become a transgressor, and must he return what he has taken? Must the trustee explain the benefit served by his decision?”
He answered:
“Praise be to Allah, Lord of all worlds. The trustee may do nothing concerning the endowment except in accordance with its best interests as determined by Islamic law. He must always pursue the most beneficial course available. If the founder authorizes the trustee to dismiss whomever he wishes and to increase or reduce anyone’s allowance,