The Rector Residing in a Building Endowed for Teaching, or Collecting Rent from It

Question

Will a building endowed for a madrasa be considered properly used only when teaching takes place in it? Or, if the madrasa’s administrators rent it out to someone and the rent goes to the madrasa, or the rector of the madrasa resides in it and in this way there is a saving from his salary — will the waqf of the building for the madrasa be considered valid in these two cases as well?

Answer

Since the waqif’s (endower’s) original purpose is teaching, in principle this building should be used for teaching itself. To stop the teaching and use the building as a residence is contrary to the waqif’s intention and a breach of trust (khiyana) towards the waqf.

Source: Fatawa Mahmudiyya

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