❖ Ruling on Endowment (Waqf) Before Distribution of Inheritance
Derived from: “Ahkam wa Masail in the Light of Qur’an and Hadith”, Volume 02❖ Question
Zaid passed away leaving behind a wife and one son. After a few days, Zaid’s son also passed away, leaving behind his wife, a daughter, and his mother. The inheritance had not yet been distributed. Zaid’s widow, who remained alone and was residing in the house purchased by Zaid, endowed (waqf) the house for the sake of Allah to be used as a mosque, declaring herself as the mutawalli (caretaker) in the waqf deed. The rent of the house was recorded as eight rupees per month, and she stated she would give any remaining amount after her personal expenses to the mosque monthly.The waqf was made secretly without informing Zaid’s relatives, as his nephews (cousins of Zaid’s son) were demanding their share of inheritance. Upon hearing of the endowment, Zaid’s nephews and his son's widow seized possession of the property. Upon inquiry, Zaid’s widow was found entitled to only 4 annas and 4 paisa from the total inheritance shared between Zaid and his son. Zaid’s widow later passed away, and her parents took possession of the house, while Zaid’s nephews sold off their shares along with the portion that belonged to the widow, resulting in the entire property being sold.
The mutawallis appointed by the widow later filed a claim in court, but the waqf deed was declared invalid, since the house was in Zaid’s name and the court ruled that the widow had endowed both her own and others’ shares, which was not permissible. No second waqf deed was made, nor was the original deed enforced during her life or after her death. Now, the mutawallis wish to reclaim the 4 annas and 4 paisa share and ask if they can settle with the buyers of that share by accepting money from them and using it for the mosque, so that reward may reach the deceased woman. Is such an action permissible in Shari‘ah?
❖ Answer
✿ The sale of an endowed (waqf) property is not permissible in Shari‘ah.The 4 annas and 4 paisa share that belonged to the elderly woman (Zaid’s widow) has become validly endowed (waqf). The two individuals who purchased it have committed an error, as such a purchase is not valid. This portion cannot become their lawful ownership.
✔ They must either:
- Pay rent to the mosque, or
- Vacate the portion so it can be rented out or used for other mosque-related purposes.
❝ ولا يباع أصلها ولا يؤرث ولا يوهب ❞
“Its original form cannot be sold, inherited, or gifted.”
(Bulugh al-Maram, Bāb al-Waqf)
This Hadith establishes the immutability of a waqf.
✿ Clarification on the Dispute:
- The waqf made by the woman was valid only for her share (4 annas 4 paisa), and not for the full house, as she was not the sole owner.
- The court’s annulment was based on her overstepping by including others' shares in the waqf, which is impermissible.
- If the mutawallis now wish to pursue legal action concerning only her rightful share, they may do so.
❖ Regarding the Proposed Settlement:
If the mutawallis wish to accept money from the two buyers in return for dropping the case — and then donate that money to the mosque intending to send reward (thawāb) to the deceased woman — then:✔ Such an act is permissible in Shari‘ah, provided:
- The money is not accepted in exchange for the waqf itself, but rather as a gesture to avoid legal complications and harm.
- The money is used entirely for the mosque or charitable purposes with the niyyah (intention) of isal-e-thawab for the woman.
This would be a pragmatic and ethically sound solution under the circumstances, to protect mosque interests and uphold the sanctity of waqf, while minimizing financial harm.
🖋 Answered by: ʿAbdullah Amr Tasri
Director, Tanzeem Ahl-e-Hadith, Ropar
Published in: Tanzeem Ahl-e-Hadith Ropar, Vol. 10, Issue No. 34
