Endowing an orchard and then benefiting from its land oneself

Question

Question: A man has given his orchard of grafted trees as a gift (hiba) to a mosque or an Islamic madrasa, and he himself is its mutawalli. Is it permissible for him to bury his dead in it, or to eat its fruit, or to use its wood for his own purposes, or not? Or is it permissible to join this orchard to another orchard, sell it and separate its price himself, or not?

Answer

Once he has removed this land and orchard from his ownership and made them a waqf for the mosque or madrasa in accordance with the rule of the Shari‘a, it is now not permissible to bury his dead in this land or to use the wood of the orchard for his own purposes, even if he himself is the mutawalli.

Source: Fatawa Mahmudiyya

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