Q:
A man endowed a large plot of land in 1372 A.H., while he was in good health, to be a graveyard for the residents of
Mahayel
Tihamah,
`Asir.
However, no one has been buried there until now. The said person retired in 1386 A.H, and he has no other land, except an accommodation for himself and his family. Is he entitled to restore his Waqf (endowment), or part of it?
A:
He is not permitted to restore the land he donated as Waqf, or even a part of it, because it is not in his possession anymore; rather, it has been allocated for the purpose of its donation. Therefore, if there is a need for it as a graveyard, it should be used as such; otherwise it can be sold and the price is used for building a graveyard in another place. This should be done under the auspices of the judge of the district where the endowed land is located. His problematic financial status after his retirement is not an excuse for changing his mind about the land he donated. I ask Allah to reward him and compensate him with that which is better. (Part No. 16; Page No. 97) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
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The donor of land as...
