چکیده:
This article examines the permissibility or impermissibility of buying and selling waqf (the endowed property). The cases in which the sale of waqf is permitted have been stated in up to ten forms in jurisprudential books, such as Al-Makasib by the late Sheikh Ansari; however, this article focuses on five important forms and, while quoting the words of great jurists, proceeds to critique and prefer some over others. While paying attention to the narrations, fatwas, and sayings of eminent jurists, the author of the article has attempted to harmonize the rulings of waqf—which is a confirmatory ruling (hukm imda'i) of Islam—with what custom, reason, and the practice of rational people align with as much as possible. The author believes that waqf should not be viewed merely as a purely ritualistic ruling, but rather as a wise method that thinkers of the world utilize for cooperation in well-known and public-interest works. The narrations received from the Infallibles (peace be upon them) do not conflict with this thought, and the far-sighted and profound reader will see throughout the article that the author's view in every issue is at least accompanied by and confirmed by the opinions of some of the greats in the field of jurisprudence and legal theory.
خلاصه ماشینی:
We begin and continue our discussion regarding the first type: The First Type of Endowments The well-known ruling of the jurists is the impermissibility of the sale of cases that do not occur as a transfer of ownership at the time of endowment (such as the endowment of land and buildings as a mosque or school).
After quoting his words, the late Sheikh Ansari criticized them and said: Leasing the land of a mosque (and the like) and selling its equipment is possible only if we have evidence of their ownership by Muslims.
[5] After quoting the words of the late Ayatollah Khoei, the author says: If there is a specific text (nass) based on the prohibition of leasing the mosque in this manner (the mosque land) for agriculture and the like, then we follow the text; however, in other cases, the reasoning of the late Khoei is subject to reflection.
[1] However, the late Ayatollah Khoei does not accept this attachment and writes: In mosques and holy shrines, through endowment, the dissolution and freeing of the property occurs without this property being transferred to the ownership of anyone; but in cases like schools, caravanserais, baths, bridges, roads, etc.
[2] The author says: Although we in previous discussions considered the lease and sale of things like a mosque to be permissible from a rational perspective, in this section, based on the existing foundations of jurists, we have a dispute with the late Ayatollah Khoei because he considers the subject of the discussion to be purely a place that is void of everything.
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