The expenditure of a waqf and its sale

Question

Question: A lychee orchard has been endowed as a waqf for isal al-thawab (dedicating the reward of good deeds to the deceased), and there is a bequest that every year a Mawlid sharif, food for the poor, the mosque and the like be provided for from the income of the lychees. However, owing to certain compelling circumstances, for example the lychees being stolen, the mutawalli (trustee of the waqf) sold the lychee orchard. In such a situation, may he spend this money on the said good works or not?

Answer

The sale of a waqf is impermissible; this sale should be annulled and the orchard taken back by returning the money. If, however, it was not the orchard that was sold but the fruit, then according to the rules of the Shariʿa the sale of the fruit is valid.

Source: Fatawa Mahmudiyya

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