Endowment: Rulings on Selling Property Designated as Permanent Ḥabs (Charitable Holding)

Practical Laws of Islam as per the teachings of Imam Khamenei

Endowment: Rulings on Selling Property Designated as Permanent Ḥabs (Charitable Holding)

English:

Question #2068:

The owner of some property made it permanent ḥabs for a purpose for which one can make waqf or directed in his will that one-third of his property to be permanent ḥabs so that the proceeds would be spent for a particular purpose, but his inheritors considered it as inheritance, put their names in the title-deed and sold it to others without a shar‘ī excuse. Do the rulings of endowment — i.e. it is ḥarām to treat it as one’s own property and sell it to others — apply to ḥabs property a well?

Answer #2068:

The property or one-third estate which was made ḥabs permanently has the same rulings as an endowment. Therefore, dividing it among inheritors as inheritance and selling it are invalid.

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