Endowment: Can an Unproductive Endowment Be Sold to Fund a School or Husayniyyah?

Practical Laws of Islam as per the teachings of Imam Khamenei

Endowment: Can an Unproductive Endowment Be Sold to Fund a School or Husayniyyah?

English:

Question #2077:

My father endowed a piece of land that boasts a few palm trees with the intention of using the proceeds in feeding the public during the commemoration of the martyrdom of Imam Ḥusayn (A.S.) on the tenth of Muḥarram and the Night of Destiny (Qadr) in Ramadan. A century on, the palm trees can hardly yield anything. Being the eldest son of my father, executor of his will and his appointed agent, is it permissible for me to sell the land and build a school/ ḥusayniyyah with the proceeds of the sale so that it can be a source of continuous charity for his soul?

Answer #2077:

If the land is held in trust, it is not permissible to sell or exchange it under the pretext that the trees have become fruitless. Indeed the trees should be exchanged for palm seedlings — even by spending some money on it — with a view to spending the proceeds in the avenues prescribed in the endowment deed where possible. Otherwise, the land has to be put to use in some other way, such as leasing it — either for cultivation or building houses, in order to spend the proceeds accrued in the appropriate avenues.
Generally speaking, it is not permissible to sell, purchase, or exchange the land, so long as it is feasible to make use of it in any way possible. However, there is no objection to selling the palm trees, should they have become fruitless. The proceeds from the sale can pay for new palm shoots where possible. If this is not feasible, the proceeds could be spent in the avenues described in the endowment deed.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Endowments