Giving away a derelict waqf well and having a well built in exchange

Question

Question: About fifteen years ago Zayd had a well built and endowed it as waqf for the public good, but for about five or six years no one has been using this well, that is, it lies derelict. The said well falls between two houses of Bakr, so Bakr demanded of Zayd: “Give the well to me, and you people build a well in the village where it can be used more and the public can benefit from it, and endow it; whatever it costs to build the new well, I will pay.” (2)

Answer

If it cannot be repaired and made serviceable, and the benefit it used to provide is not obtained, and Bakr gives Zayd enough money with which a serviceable well can be built and endowed so that everyone may benefit from it, then according to the Shari‘a this arrangement is permissible. 2. After this exchange Bakr may build his own private house at that spot.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.