The Owner Made a Rented-Out House Waqf for a Mosque

Question

A house belongs to the respected Zayn al-Din. Barakat Ali had lived in it since 1922 and regularly paid rent to the owner of the house. After him his sons and grandsons lived there, but these people did not pay rent; they also had the house repaired, and, having pulled it down, also had the masonry done. Now the grandsons of Zayn al-Din have registered it in the name of the mosque. In whose favour is this decision correct?

Answer

If that house was in the ownership of Zayn al-Din and Barakat Ali lived in it on rent, then later on Barakat Ali’s children did not pay the rent, and the children’s children did not pay the rent either, while Zayn al-Din’s children neither gifted that house to Barakat Ali’s children nor sold it, and now those who remained as heirs after Zayn al-Din, or those who remained as…

Source: Fatawa Mahmudiyya

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