When taking possession of land endowed for a madrasa risks strife

Question

Zayd, Bakr and ‘Amr endowed some land to the madrasa in Shahpur. The members of the madrasa could not take possession of it. If they do take possession, there will be great strife; there is an extreme danger of bloodshed. There are buyers for this land — so is it permissible to sell it? Will it be permissible to sell it and give other land to the Shahpur madrasa? And the people who endowed it to the madrasa speak of giving it back (?).

Answer

If taking possession of the land given to the Shahpur madrasa will lead to strife and bloodshed, then out of necessity it is valid to sell it, buy other suitable land with its price, and give it to the same madrasa.

Source: Fatawa Mahmudiyya

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