Transferring Endowed Books from One Madrasa to Another

Question

There is an old madrasa in which there are many books. It is now closed and of no benefit at all; rather, the books are falling prey to “the life of termites”. From the standpoint of the Sacred Law, may a person who is studying in another madrasa make use of them? Or: there is a madrasa that is functioning, but the books that are needed are lying there at present and no one is benefiting from them; at present the madrasa has need of them — may they be given to someone to use?

Answer

The waqif, the rector of the madrasa and other people of sound judgement may, after mutual consultation, transfer these books to a madrasa where they can be used and also protected from termites, and the waqif’s purpose will also be achieved on the whole, as is derived from the specific rulings (juz’iyyat) of al-Durr al-Mukhtar.

Source: Fatawa Mahmudiyya

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