Donations Collected for the Mosque Tank and Then Spent on Another Purpose

Question

(1) Does the waqif (endower) retain any right after he has made property or real estate a waqf, or not? (2) If the waqif makes some sum of money a waqf with the explicit stipulation that it be spent on such-and-such a purpose, may that wealth be spent on any other purpose besides it, or not? (3) May any person other than the mutawallis (trustees) of the endowments, with whom money is held as a trust (amana), spend it at his own discretion on something other than the purpose for which it was made a waqf, or not?

Answer

(1), (2), (3). The donations collected for installing a motor to fill the tank are not a waqf. They are donations: if all the givers wish, they may spend them themselves, or hand them over to the mutawalli, or hand them over to someone else — every way is valid, and no one has the right to object.

Source: Fatawa Mahmudiyya

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