A donor whose endowed house is destroyed wishing to sell it and buy another house in another place for a higher price

(Part No. 16; Page No. 160)  Fatwa no. 9 Praise be to Allah, Alone, and peace and blessings be upon the Last Prophet.The Permanent Committee for Scholarly Research and Ifta' has reviewed the question submitted by His Excellency the Chief Justice of Al-Ahsa' to His Eminence the Chairman of the Departments of Scholarly Research, Ifta', Da`wah, and Guidance under no. 7052 on 3/12/1391 A.H. The question was referred to the Committee by the Secretariat-General of the Council of Senior Scholars under no. 201 on 23/1/1392 A.H.After studying the matter, the Committee found that the question revolves around the following:1. The question is submitted by Sarah bint Nasir Al-Kharish to His Eminence the Chief Justice of Al-Ahsa'. The following is the wording of the questioner: I own a house in Kuwait, `Ain Yusuf street. I have set up the mentioned house as a Waqf (endowment), however it is now no longer in use. I want to move the Waqf from Al-Ahsa' to Riyadh as I live in Riyadh and the house I want to buy and set up as Waqf is also in Riyadh. It is worth mentioning that in case the house is sold, I cannot buy a house in Riyadh with its value, but I will increase the value from my own money to be able to buy the new house in Riyadh. Would you please approve the transfer (Part No. 16; Page No. 161) of the mentioned house?2. It has been confirmed that the mentioned house is set up as Waqf by the endower according to Document no. 67 on 24/6/1366 AH., which has been issued from Al-Ahsa' court. The endower stipulated in this document that she has the right of supervision and living in the Waqf during her lifetime and this right will be transferred to her son Muhammad ibn Sulayman Al-Husayn, his children, and his grandchildren. She assigned a sum of money for buying and slaughtering a sacrificial animal every year.This is what was mentioned in the letter sent by His Eminence the Judge of Al-Ahsa' Shaykh `Abdul-Muhsin Al-Khayyal under no. 1023 on 2/12/1391 A.H.3. It has been mentioned in the Judge's letter that: He has sent a letter no. 1027 on 1/12/1391 A.H. to the Ministry to examine the house. The Ministry replied that they found it destroyed and idle. It is better for the endower to sell this house and to buy another one if she can afford to pay the difference.4. His Eminence the Chief Justice of Al-Ahsa' courts is asking the Committee to express its view regarding what was mentioned in his letter.

(Part No. 16; Page No. 162)  After studying the matter, the Committee replied: Since this Waqf is ruined and no longer in use, and the endower is ready to buy a house which is more expensive in Riyadh and she made the condition that she would have the right of supervision and living in the Waqf during her lifetime and that she now lives in Riyadh, therefore it is permissible for her to sell the old Waqf and buy another new house for Waqf in Riyadh. This will be more useful as the endower will be able to supervise the Waqf. However, selling the house in Al-Ahsa' should be under the supervision of the Chief justice of Al-Ahsa' courts and buying the house in Riyadh should be under the supervision of Chief Justice of Riyadh courts. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.