benefit, not because of the necessity that permits eating carrion and the like. Rather, the need here is to obtain the full benefit, since diminished benefit leaves a shortfall that calls for its completion. This is what need means in such cases. As for necessity whose unmet demands result in death, illness, or inability to fulfil obligations—as with the necessity recognized as permitting the consumption of carrion—that degree of necessity is not required in cases such as this. And Allah knows best.

For this reason, a group of our school’s jurists permitted this in the case under discussion. They explained that when an endowment becomes entirely unusable, its endowment status ends; the discussion concerns cases in which something usable remains. Among these jurists is Abū ‘Abd Allāh ibn Taymiyyah, who said in Targhīb al-Qāsid (Encouragement for the Seeker):

“The fifth ruling: When an endowment becomes unusable, several situations may arise.

First: It ceases to exist altogether, as when an endowed horse dies. Its endowment status has then ended.

Second: Something of monetary value remains, as when a tree perishes, a horse becomes emaciated, or a mosque falls into ruin. It is then sold, and the proceeds are spent on acquiring something comparable, or a share in something comparable.

Third: When a mosque’s mats become worn out, or its beams break and splinter, they are sold and the proceeds spent on the mosque’s needs. Likewise, if its beams are about to break, or its building is about to collapse, and it is known that delaying would leave the property unusable, it may be sold.