Permissibility of restoring a Waqf from the revenues of another from the same donor
In my capacity as the trustee of the inheritance of the mother of His Highness,
(may Allah be merciful to him), I found among her inheritance some Waqf (endowment) documents. One of them is a building in
whose deed is attached. We have surplus revenue from this building after giving out the allocated amounts. The mother (may Allah be merciful to her) also left some Waqf houses for Imams (those who lead congregational Prayer) and Mu'adhins (callers to Prayer). Some Imams (Part No. 16; Page No. 130) and Mu'adhins came forward asking for these houses to be restored but we do not have the money to restore them. Is it permissible to restore the houses from the surplus revenue of the building?After reviewing the documents, two main deeds were found; one is under no. 615/11 on 26/12/1380 A.H. which is the title deed of the previously-mentioned building. The deed is issued by the notary of
The second deed is under no. 533/8 on 17/11/1380 A.H. issued by the notary of
The following is written at the end of it: "The revenues of this building are endowed by Wadha, King
Sa`ud ibn `Abdul-`Aziz ibn `Abdul-Rahman Al Faysal's
mother, to be used in buying four sacrificial animals." After stating the specified recipients of the sacrificial animals, it is written: "Anything that remains after that is for buying water and food for the fasting persons in Masjids (mosques)..." and 7 names of Masjids were written. This deed was written on 4/6/1385 A.H. and sealed by Shaykh
`Abdul-Latif ibn Ibrahim
(may Allah be merciful to him).
After the Committee studied the question and reviewed the two attached documents, it gave the following answer:
After establishing the ownership and endowment of the building, its revenues are to be used first for fixing it and whatever remains is to be spent as stated in the will for buying sacrificial animals, water and food for the people in the mentioned Masjids. (Part No. 16; Page No. 131) If anything remains after that, and since the houses of Imams and Mu`adhins are Waqf as well, and since they need
restoration works, it is permissible to restore the houses from the surplus revenue after executing what is in the will. Moreover, it is important to note that restoring these Imams and Mu`adhins' houses to keep the Waqf beneficial is more important than their current use. Based on that, and in order to preserve them in the future, it is better to dedicate an annual amount of money to them. The houses should be inspected at the end of each year and if they need any repairs, each house is repaired from its allotted annual money and the remaining amount is to be given to the inhabitant of the house. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.