If the tenant of a waqf shop sells pork: having it vacated

Question

Question: There is an orchard endowed as a waqf in the name of a graveyard, and Zayd is its mutawalli. It has two numbers: one is plot no. 318 in the land register, the other no. 319. In 318 there are graves, while in 319 no graves have yet been made. On one edge of 319 a shop four gaz (a unit of length, about a yard, ≈ 0.9 m) long and four gaz wide has been let on rent, in which the tenant runs a pork shop, while the orchard is situated at a considerable distance from the town.

Answer

Since the shop has been let on rent and no condition was made that pork would be sold in it, whatever the tenant then sells is his own act. Moreover, a non-Muslim cannot even be prevented from it, because in his religion the buying and selling of pork is valid.

Source: Fatawa Mahmudiyya

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