Perpetuity Is a Condition for the Validity of Waqf

Question

(1) Someone made a plot of land waqf for a specific mosque on the condition that its profits be spent on whatever works arise in connection with it. So when there is a need to rebuild it, may they sell it and put its price into it or not? (2) Someone made a plot of land waqf for a specific mosque without any details. In this case, what is the ruling on selling it and spending on the said mosque?

Answer

(1) Perpetuity (ta’bid) is a condition for the validity of waqf, so much so that some jurists have held that even an explicit statement of perpetuity is necessary. A waqf containing any condition contrary to perpetuity is not valid, [ar]إلا وقف المسجد فإنه يصح ويبطل الشرط[/ar] “except the waqf of a mosque: it is valid and the condition becomes void”.

Source: Fatawa Mahmudiyya

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