Endowment (waqf)

Question: In our town a man donated a tract of land as an endowment for a congregational mosque. When the deed was written he invoked a curse upon anyone who might sell any part of that endowment and he forbade it from being divided among his heirs. One of his sons alone now administers the endowment, to the exclusion of his other male and female siblings. One of those brothers contested the matter with him until he secured one-third of it, whereas the rest of the siblings did not litigate and therefore obtained nothing. As a result, the endowment has come under the control of only these two brothers, who are yielding its benefits for themselves even though the mosque for which the land was endowed stands in need of those proceeds for repair and reconstruction, having fallen into disrepair. What is the ruling on these two brothers benefiting from the endowment to the exclusion of their other brothers and sisters, given the mosque’s need?

Answer: If the property was endowed for the mosque so that its revenue and yield are to be spent on the mosque’s upkeep, it is impermissible for anyone to exploit it personally, nor may anyone take anything from its proceeds. The donor explicitly designated it for the mosque, and it must therefore be used only for the purpose for which it was endowed.

What you have described—these individuals’ exploiting the endowment for their own advantage while depriving the mosque—is not permissible. It is a reprehensible act that you must report to the judge or to the court in your region so that it can address the matter with them. You may also refer it to the mosque’s caretaker or to the imam, for he too is responsible for demanding that the funds be directed to the mosque.

In short, it is unlawful to dispose of the yield of this endowment in favour of the endower’s relatives when he has stipulated that it is for the mosque. The issue must therefore be taken before the court.