Q: Here is my letter attached to the will of Nurah bint (Part No. 16; Page No. 163) `Abdul-Rahman ibn Mawash.
She inherited the house mentioned in this letter and gave it as Waqf (endowment).
She did not leave behind anything else. Our agent rents the house and distributes the amount of rent to the inheritors after offering the sacrificial animals. Now, the house was sold to the municipality for 64,000 Riyals. Is it permissible for us, as her male relative inheritors, to assign some of the value of the house as Waqf and take the rest as inheritance or should the house be returned to its original status?Having perused the attached document dated 22 / 1 / 1352 A.H. which is sealed by the seal of Shaykh:
Muhammad ibn `Abdul-Latif
(May Allah be merciful to him), we found that it states: "Nurah bint `Abdul-Rahman ibn Mawash says that she bought the house of `Abdul-Rahman Al-Hammudy from his heirs in 1328 A.H. Since she has bought this house, she assigned it as instant Waqf". This has been written by the handwriting of the purchaser and was certified by
Shaykh Ibrahim ibn `Abdul-Latif
(may Allah be merciful to him) and sealed by his seal. Also, since she has bought the house 24 years ago, she offers sacrifices every year.
It is mentioned in the aforementioned document that the Waqf is instant and she offers sacrifices since she bought the house 24 years ago. It is also mentioned that the house was sold to the municipality for 94,000 Riyals and the male relative inheritors demand to take (Part No. 16; Page No. 164) a part of the value of the house to distribute as inheritance. Accordingly, it is not permissible for them to do so and the origin of the Waqf has to remain as it is. If selling the house has been done in a legal way, the price may be used to buy a new house and the new house will be an effective Waqf instead of the first house. The rent will be spent on fixing the house and for offering the sacrificial animals. If there is something left from the rent, it will be for her nearest male relative inheritors according to the legal system of inheritance. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.