Waqf property does not become owned property through partition

Question

Question: A property belonged to the respected ‘Abd al-Haqq. He had three sons. They had two mud-built houses with a thatched (?) awning. There was no partition or the like, but because of a lawsuit by the creditors — in order to save one house and 1/3 of the entire property from them — after consultation they wrote them into a sale deed in the name of the middle brother’s wife on account of mahr, in 1911 AH (so in the text); after that they went on living (there) as before.

Answer

If a house and land are joint, it is valid for any co-sharer to make his share waqf; it is not necessary to partition beforehand — just as the sale of a joint share is valid. (2) The waqf does not end because of this; unlawful disposal (of it) is impermissible. (3) After the waqf has validly come into effect, its sale is not valid. (4) Changing a waqf is not permitted.

Source: Fatawa Mahmudiyya

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