A Second Eidgah Built Because of a Quarrel: What to Do with It Once the Quarrel Has Ended?
Question
In a certain village there are five quarters. Three quarters split off — a quarrel arose among them — and they bought a piece of land for an Eidgah (ground for the Eid prayer) and also performed the Eid prayer there. Now they have come to agreement again and have begun to pray in the former Eidgah. So, the land that was bought in the name of the Eidgah and on which the prayer has also been performed — will that land remain an Eidgah, or may other things be done on it?
Answer
If the land was bought with donation money, the Eid prayer was performed there, and this land was endowed as waqf for the prayer of the two Eids, then it is now not permissible to sell it: [ar]لأن الوقف إذا تمَّ ولزم لا يملك ولا يملك ولا يعار ولا يرهن، أي لا يكون مملوكا لصاحبه، ولا يملك، أي لا يقبل التمليك لغيره بالبيع ونحوه، لاستحالة تمليك الخارج عن ملكه[/ar] “For a waqf,…
Source: Fatawa Mahmudiyya
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