چکیده:
Man, as the best of creations and God's original creation, was created from the worthless and immeasurable earth, and the settlement of the earth was left to him by God as a responsibility and duty that "... I created the earth and settled it..." (Hood, 61) ). Waqf is a well-known word in the course of human life, as a religious social institution in the dimensions and angles of this life in different and different faces, it has played a constructive and exalting role in line with this responsibility. This good tradition can be found in the improvement and advancement of social, cultural, economic, educational, political, etc. goals and can be considered as one of the full-fledged development and development paths. Therefore, it is necessary to deal with this concept and its angles, which has a special position in legislation. One of the desired angles that has been desired since ancient times is the sale of endowment property, which has its own opinions and citations according to the opinion of the jurists, and the honorable signature of Hazrat Wali Asr Arwahna Fidah is one of those citations, which is included in this wajizah. It has been discussed and the citations of some jurists are explained.
خلاصه ماشینی:
Therefore, the prohibition of the sale of waqf is due to the existence of a requirement for prohibition, which is the obligation to act according to the endower's declaration, and also due to the Imam's saying: لا يجوز شراء الوقوف (Hur Amili, 1416 AH, Vol. 19, (185); and also due to the lack of anything that would qualify the sale as permissible, except for two narrations, Ja'far bin Hannan and Himyari, there is no objection; therefore, Sheikh Ansari's opinion is also based on the prohibition of the sale of waqf.
Therefore, the most specific of the prohibitive narrations is more specific than the narrations of permissible sale, thus restricting the narration of Himyari; and if we disregard all of these, the narration indicates something that no one has issued a fatwa on or definitively opposed, and it is an explanation of what the Sheikh mentioned, the apparent meaning of which is that the price after the sale of the endowed property is available to the beneficiary and that they may dispose of it however they wish; thus, it cannot be inferred from it (Khuni, 1418 AH: Vol. 37 292-1293 Al-Zubda al-Faqiha fi Sharh al-Rawda al-Bahiyya, Tarhini Amili, Muhammad Hasan He has presented the noble document (tawqee') in the reasons for the permissibility of selling a disconnected (munqati') endowment in the event that the sale is more suitable for the beneficiaries.
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