Saturday, 18 April 2026 (1 Dhuʻl-Qiʻdah 1447 AH)
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[Ruling on moving the soil of a waqf jarbah (agricultural plot) to another place]

Fatwa No: 23668
Date: 2026/04/18
Category: Book of Waqf
Answered by: System Fatwa Committee
Views: 0

Question: We have a waqf jarbah (field). We have moved soil from it to form an equivalent jarbah next to it, and that place had been a hill. Is what has been formed considered waqf or not?

Answer—and Allah is the One who grants success: What I have seen in a case like this, from the jurists of the madhhab as in the Commentary, is that if a branch is cut from a waqf tree and then planted, it is a waqf so long as it does not spoil.
I say: If the hill into which the jarbah’s soil was placed was a sanctuary/appendage of the original jarbah and its rightful adjunct, then the jarbah formed from the removed soil is waqf as a follower of the first waqf. Accordingly, it is not permissible to sell it; and this is the more precautionary view.

Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2