Endowment: Selling Shares in a Private Endowment According to the Donor’s Conditions

Practical Laws of Islam as per the teachings of Imam Khamenei

Endowment: Selling Shares in a Private Endowment According to the Donor’s Conditions

English:

Question #2071:

A century ago, a person made his property endowment for his male offspring. He made a provision in the endowment deed that in the event of any of beneficiaries becoming poor by shar‘ī definition, they should have the right to sell their shares to the other beneficiaries. A few years ago some of them took this option and sold their shares to the other shareholders. Some people have raised some objections as to the legality of such a sale on the grounds that the property was an endowment. It is to be noted, however, that this is a private endowment. That said, would the sale and purchase, which were carried out in accordance with the provisions laid down by the endower, be sanctioned?

Answer #2071:

There is no objection to any beneficiary who has become poor to sell his share to the other beneficiary provided that the condition stipulated by the endower in the endowment deed is proved. Accordingly, such a sale should be deemed valid.

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