Endowment: Public vs. Private Endowment & Changing Its Use

Practical Laws of Islam as per the teachings of Imam Khamenei

English:

Question #2026:

What is meant by a public endowment and a private endowment? Some people are of the opinion that it is permissible to change the advantage of a private endowment to that not intended by the donor, by, say, making it a private property. Is this true?

Answer #2026:

The generality or specificity of the endowment is determined by the purpose for which it was originally set up. A private endowment is that which is dedicated to one particular person or certain people, such as an endowment for one’s offspring or for somebody else and their offspring. A public endowment is that which is set apart for a purpose of public interest, such as masjids, recreation places, and schools. The third type of endowment is that which has at heart the welfare of a particular group of people, i.e. under a generic title, such as the poor, the orphans, the sick, and the financially destitute traveler. In essence, there is no difference in all these three types of endowments. There are, though, differences in the rules and effects of each one of them. For example, for the endowment of public services, as well as the generic title one, to be concluded, it is not a condition that there should exist the beneficiary at the time of uttering the endowment formula. Yet, in a private endowment it is considered as a prerequisite. Furthermore, public utility endowments, such as masjids, schools, graveyards, and bridges cannot be sold under any circumstance, even if they fall into a state of disrepair. This is contrary to the private and generic title endowments whose income is to be spent for specified purposes, in that it is permissible to sell and replace them in certain exceptional circumstances.

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