Sale on condition of rescission (iqala) and the sale of a waqf

Question

Question: At the request of the Muslims, the government granted land for an Eidgah (open ground for the Eid prayers), taking only five rupees as a token payment of thanks, and also granted its deed. Accordingly, the land of this Eidgah was levelled with general donations of the Muslims. The Eid prayers have been performed in this Eidgah for a period of three years.

Answer

This condition renders the sale fasid (defective), and annulment of a fasid sale is necessary; however, when the buyer takes possession of the thing sold with the seller’s permission, the buyer’s ownership of that thing is established, and if the buyer formally endows such a purchased thing as a waqf, then according to the Shariʿa that waqf becomes valid.

Source: Fatawa Mahmudiyya

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