Selling a Mosque’s Waqf
Question
What is the ruling on this matter: here we have waqf of three kinds in the name of the mosque. The first kind is a complete waqf, whether farmland or shops: its entire income is put into the mosque. The second kind is a partial waqf, that is, not the whole field but one or two biswas (a small land measure) in the name of the mosque, while the whole field is in his own possession.
Answer
Land that has been formally endowed may not be sold, except in the case where the waqif stipulated at the time of the waqf that if benefit from it becomes impossible, other land is to be taken in exchange for it and endowed; then acting according to this stipulation is correct.
Source: Fatawa Mahmudiyya
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