Striving to remove a proprietary seizure from a waqf

Question

Question: Here in the small town of Kandhla, about 26 years ago, a great local notable made his rural (field) estate a waqf for the local madrasa here, Nusrat al-Islam, under the trusteeship (tawliya) of five respected elders — to me (?) on stamp paper of one hundred rupees. Of those who were appointed mutawallis (trustees), two have passed away; one, who had greater knowledge of these affairs, went to Pakistan; and one of the patrons has become extremely frail.

Answer

1. The scholar who says that eating its fruit is impermissible says it is impermissible absolutely, and that is also the ruling on usurped (maghsub) property. The scholar who says it is permissible says it is permissible for himself; most likely he too does not say it is permissible absolutely, so he must have some particular circumstance, which will not affect the issue…

Source: Fatawa Mahmudiyya

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