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FATWA
Selling that which has been given as Waqf.
Q. Can we sell something that was given to the Masjid?
A. According to the authentic traditions of the Prophet (SAW) when one donates his/her possession such as land, building etc. as an Endowment or Waqf for the sake of Allah, it ceases to be their possession and it now goes into the possession of Allah.
Such property cannot be inherited, gifted nor sold as the Prophet (SAW) had forbidden that in his traditions.
The only concession which is given for the sale of such property is that it becomes absolutely useless where no benefit can be derived from it. This ruling is one which has gained unanimity from the four schools of Islamic Jurisprudence namely that of Imam Abu Hanifa, Imam Shafie, Imam Malik and Imam Ahmad. (May Allah bless their souls).
And Allah knows best.
Mufti Waseem Khan
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