Endowment: Validity of Endowment Claims Over Agricultural Land Without Proof

Practical Laws of Islam as per the teachings of Imam Khamenei

Endowment: Validity of Endowment Claims Over Agricultural Land Without Proof

English:

Question #2040:

It is widely believed that some lands in our area used for agriculture are an endowment of the mausoleum of one of the descendants of the Prophet (S). The trustees of the endowment are the living descendants of the Prophet (S), residing in the area. However, there is no proof pointing to the fact that the lands were endowed. It is said that they used to have a title deed that was lost in a fire. Under the previous regime, members of the public had testified that the land was endowed just to spare the lands any pending distribution. It is also said that the lands were donated to the existing trustees by one of the region’s ruler, as a mark of respect, and in order to exempt them from paying taxes. What is the ruling in the matter?

Answer #2040:

The availability of a written document is not a condition to prove the endowment of the property. Indeed, the declaration of the person who has the land at his disposal, or his heirs after his death, that it is an endowed property is a sufficient proof of endowment. Precedence is another way of proving the endowment, i.e. any action with regard to the property in its capacity as a trust. The testimony of two just men, or the common knowledge that leads to peace of mind that it is in their ownership is an admissible way to prove the same. On the availability of any of these proofs, the property is ruled to be an endowment. Otherwise, the property should be deemed privately owned by the holders of the actual control.

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