Rafed English

Fatwas on Endowment Conditions

Q1974: Should one be coerced into endowing something, can it still be valid?
A: If the donor was coerced into making the endowment, such an endowment cannot be valid unless the consent of the person in question followed. Yet, even if the consent was later granted, the question remains problematic.

Q1975: Some Zoroastrians built a hospital and set it aside as an endowment for charitable causes for one thousand years. However, in view of the mechanics of Shi‘ah jurisprudence, is it permissible for the trustees of the endowment to act contrary to the conditions laid down in the endowment deed, which stipulates that if the proceeds from the hospital were more than the expenditure, extra beds have to be bought and added to the existing ones in the hospital?
A: Setting up an endowment by a non-Muslim is as valid as that set up by a Muslim. Accordingly, assigning the hospital by way of an endowment for charitable purposes for one thousand years is legally sound, even though the end of the duration is specified. Therefore, it is obligatory on the trustees to act according to the provisions laid down in the endowment deed. They should have no excuse for ignoring or trampling them.

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