Sale of a waqf of an undivided share (mushaʿ) and sale of the mosque’s oil

Question

Question: Here we have three kinds of waqf in the name of the mosque. The first kind is a complete waqf, whether agricultural land or shops: we put its entire income into the mosque. The second kind is a partial waqf, i.e. not the whole field but one or two biswas (a biswa is a measure of area, one twentieth of a bigha)

Answer

Land that has been formally endowed as a waqf may not be sold, except in the case where the waqif stipulated at the time of the endowment that if benefit cannot be derived from this land, then other land should be taken in exchange for it and endowed — in that case acting in accordance with his stipulation is correct.

Source: Fatawa Mahmudiyya

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