Spending a waqf intended for one place on another place
Question
A person endows some land as waqf. The intention of the waqif (endower) is that it be spent on religious purposes in general, but since at the time of making the waqf there was no religious avenue of expenditure in this matter, he handed over the endowed property in the name of the mosque. The income of the property is such that, after the needs of the mosque are met, a surplus remains. In a religious madrasa orphans and poor students receive education — may it be spent on that or not?
Answer
When the waqif endowed the property to be spent on religious purposes in general — even if he did so orally — this waqf became valid. After that, no one has the right to restrict (takhsis) and assign (ta‘yin) it to any single avenue of expenditure; rather, spending this endowed property on the mosque, religious madrasas and other religious purposes is permissible: [ar]وَفِي…
Source: Fatawa Mahmudiyya
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