Fatwas on Habs
Q2059: A person made his land ḥabs for a shar‘ī purpose in the hope that they would have it again at the end of the duration of relinquishing it for charitable purposes. Can they benefit from the reacquired land in the same way they can with their other property?
A: If the donor was the rightful owner of the land and they made it ḥabs according to the shar‘ī rules and regulations, the ḥabs is valid. Thus, all the provisions and consequences should apply. After the duration of the ḥabs came to an end, the land should revert to the ownership of the owner and be treated like any other property of theirs.
Q2060: The owner of some property made it permanent ḥabs for a valid purpose or directed in his will that one-third of his property to be permanent ḥabs so that the proceeds would be spent for a particular purpose, but his inheritors considered it as inheritance, put their names in the title-deed and sold it to others. Do the rulings of endowment — i.e. it is ḥarām to treat it as one’s own property and sell it to others — apply to ḥabs property a well?
A: The property or one-third estate which was made ḥabs permanently has the same rulings as an endowment. Therefore, dividing it among inheritors as inheritance and selling it are invalid.
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