What is the ruling regarding the sale of an endowed property that has fallen into ruin and whose benefits have become unusable?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
When an endowment, such as a house or land, collapses, becomes barren wasteland, and cannot be repaired, or a mosque where the populace has moved away, or if it becomes too small and cannot be expanded in place, or if it becomes entirely fragmented and cannot be repaired except by selling part of it, then selling part to repair the rest is permissible. If nothing can be utilized, the entirety is sold. Imam Ahmad, in a narration by Abu Dawud, stated that if a mosque contains two pieces of wood of value, they may be sold and the proceeds used for the mosque. This ruling is supported by the precedent of Umar (may Allah be pleased with him) instructing the moving of a mosque when its location became unsuitable due to sewage, which occurred with the silent consensus of the Companions. This action preserves the essence of the endowment by substituting its form when the original form is impossible to maintain.
Supporting text
Muhammad bin Al-Hasan stated that if a mosque or endowment falls into ruin, it reverts to the ownership of the endower, because the endowment is the dedication of benefit, and when the benefit ceases, the right of the beneficiary ceases, causing the ownership to revert. Malik and Al-Shafi'i argue that selling any part of such property is impermissible based on the Prophet's saying, 'Its principal shall not be sold, nor bought, nor gifted, nor inherited.' Abu Bakr follows the first view, based on the consensus regarding the sale of a dedicated warhorse (Habees) that has aged and can no longer be used for war but can be used for grinding or carrying earth; in such cases, it is sold, and the price is used to purchase what is fit for war.