Wednesday, 29 April 2026 (12 Dhuʻl-Qiʻdah 1447 AH)
Question: A woman bequeathed a Hajj from her inheritance, and this inheritance is from an estate entailed (waqf) upon the descendants which is neither to be sold nor given away. Another man from the people of this entailed estate sold his share to some of the heirs. What is the ruling on that?
Answer – and Allah is the One who grants success: The mentioned estate belongs to Allah, Exalted is He. The descendants possess nothing of it except by misappropriation (ghulūl). It is not valid for the woman to bequeath what she does not own, and likewise it is not valid for the man to sell what he does not own.
However, it is permissible for the man to relinquish his share in the waqf to his partner in that waqf, and likewise he may lease it out. His renunciation and his leasing become void upon his death, because his right in the estate has ceased and passed to his heirs.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2