in these circumstances. If, however, it does not accord with the command of Allah and His Messenger, it must be reversed as far as possible, for the Prophet, may Allah bless him and grant him peace, said:

“Whoever does a deed that is not in accordance with our command, it is rejected.”

He also said:

“No created being may be obeyed in disobedience to the Creator.”

If they dispute whether what he has done is what was commanded, they must refer their dispute to Allah and His Messenger. If the trustee’s action is more pleasing to Allah and His Messenger, it shall stand. If the former arrangement is more pleasing, the trustee must maintain it. If a third course is more pleasing, it must be followed. The trustee must explain the benefit involved. If that benefit becomes evident, it must be pursued; if the course proves harmful, it must be rejected. If the matter remains unclear and the trustee is knowledgeable and upright, he may act according to his considered judgment. Allah knows best.

He—may Allah have mercy on him—was asked:

A man has a farm containing trees endowed for the poor, with the annual proceeds of their sale disbursed for their designated purposes. The trustee then leased the endowment to someone who damages it. There was a public drinking-water basin and an ablution facility for Muslims, but this tenant demolished the facility and the walls. Is that permissible or not?

He answered:

It is not permissible to lease endowed property to someone who damages it, by the consensus of the Muslims. Indeed, the trees may not be leased under any circumstances. Even if an agreement to water and tend them in return for a share of their yield is used as a legal device, this is not permissible with endowed property