What to do with the Endowments of Sheep that Died and Land that is not Cultivated?

Uploaded Jan 15, 2024

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Question

My father has some sheep, as a waqf (endowment), and the sheep died. Also, he has a plot of land as a waqf (endowment). My father has passed away, and I have a job. This land has been divided and trees have grown on it. And I have not found anyone to cultivate this land so that its fruits can be benefited from. What should I do? Keeping in mind that I have set aside money for the one who cultivates it, but sadly I did not find anyone to cultivate it. We hope for an elaborate answer regarding this, may Allah grant you success.

Sheikh Ibn Uthaymeen

All Praise be to Allah. As for the waqf (endowment) of sheep that no longer operates, he does not have to make a replacement for them. That’s if the damage wasn’t due to negligence on his part or transgression, in which case it is obligatory for him to bear the dhaman (recompensation). This is because if the endowment is a specific item and is ruined, then it (i.e., the waqf) becomes invalid by the loss of its presence. As for the land for which he did not find a person to cultivate, even though he set aside an amount of money for the cultivators, it is considered as one of those awqaaf (endowments) whose benefits have ceased. And in such cases, the most beneficial option must be considered, like replacing it with another waqf (endowment), (or in another form), so it remains in use. And the point of reference for that is the shari’a (Islamic) court.

Additional references

The Series of Fatwas of Noorun Ala Addarb for his eminence the scholar sheikh Muhammad Ibn Ibn Uthaymeen Tape: 2 Fatwa: 1