Endowment: Sarqoflī on Waqf Property: Who Is Entitled to It?

Practical Laws of Islam as per the teachings of Imam Khamenei

Endowment: Sarqoflī on Waqf Property: Who Is Entitled to It?

English:

Question #2081:

A number of business properties, built on a land held in trust, were leased to the existing tenants without charging them sarqoflī. Can the tenants ask potential tenants to pay such sarqoflī? Assuming it is permissible for them to do so, to whom should the sarqoflī go, i.e. to the tenants or to the endowment trust — so that the proceeds could be spent in the avenues specified in the endowment deed?

Answer #2081:

If the shar‘ī trustee, while not losing sight of the interest of the endowment, gave permission to charge sarqoflī, the latter should be treated as part of the proceeds of the trust. Such income should, therefore, be spent in the avenue described in the endowment deed. Should the trustee withhold such permission, any transaction would be deemed unlawful. Accordingly, if the contracts were concluded, the recipient of the money should return it to the buyer. However, the existing tenants, who had no right to ask for the payment of sarqoflī in the first instant — yet sublet the properties for sarqoflī, should have no right to appropriate this money.

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