Q: There is an old clay building near an educational institute in
Hawtat Banu Tamim
Governorate. The building is no longer in use. An Ud-hiyah (sacrificial animal offered by non-pilgrims) is slaughtered yearly as Sadaqah (voluntary charity) while the remaining revenue of the building is spent on the (Part No. 16; Page No. 110) public fountain as stated in the attached document. The heirs donated this building for the purpose of expanding the institute and assigned it as Waqf (endowment) for students. The institute is in dire need of expansion, as it is located on the edge of a valley where floods have struck the institute several times, destroying the furniture and property, and causing landslides. We are afraid that cement blocks may collapse, may Allah forbid. The only solution to rescue the building is to annex this old building, which is located at a raised land that is higher than that of the valley. It is located in the eastern street of the public fair. The public fountain is no longer in use, but we will turn it into a bathroom and a place for performing Wudu' beside the institute's fence. In the name of the staff members and the students, we ask Your Eminence to consider our situation and give us your legal opinion regarding setting up this building as Waqf for the institute and the students.
(Part No. 16; Page No. 111)
It is not permissible for the person entrusted with administering the affairs of Waqf to donate it, or to assign it for a purpose other than that which was defined by the person who made it. This is because his or her terms and conditions must be fulfilled. The Shari`ah court is the only body that can decide the issue of transferring the Waqf to something else or to something more beneficial after it is no longer in use. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.