Substitution of a waqf (istibdal)

Question

Question: (1) A person made his house a waqf in the name of the Madrasa Islamiyya in the Banduqchiyan quarter and wrote in the deed: as long as I am alive I myself will be its mutawalli (trustee of the waqf); after my death my eldest son will be mutawalli; after his death the eldest son of my son will be mutawalli; and after his death the eldest son of my younger son will be mutawalli; and so it will continue generation after generation.

Answer

Since that house is a waqf for the madrasa, selling it, buying another house in its place and putting its price to one’s own use — none of this is permissible. The house should be handed over to the madrasa; the madrasa will have it repaired or rebuilt.

Source: Fatawa Mahmudiyya

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