چکیده:
In discussion of selling endowment، the general principle is lack of selling endowment. There is disagreement between jurists in getting out of this general rule، but most jurists and even lawyers and civil law of Iran believe in selling endowment in certain cases. In case of selling endowment in answering to this basic question that if endowment is being invalid in selling or endowment remains in endowment case until the time of selling endowment and is been invalid by external selling. There are three theories: the first theory believes in being invalid of endowment by selling. The second theory believes in being invalid of endowment by external selling and third theory by expressing 8 cases as the cases of selling licenses believe in extending and in some cases believe in being invalid of endowment by selling and in some cases believe in being invalid by external selling.
خلاصه ماشینی:
In the book Hady al-Talib fi Sharh al-Makasib, the view regarding the invalidity of endowment upon the mere emergence of specific reasons for the permissibility of selling the endowment is considered among the theories of the late Sheikh Kabir Kashif al-Ghita and the author of Jawahir (Moruj Jazairi, 1416, 6, 529).
we hold, but the endowment is not sold until the accidental circumstance (the cases allowing sale) disappears; thus, the implication of such a theory is the non-return of the endowment status of the property, since there is no cause for it, and this is contrary to reality (Mousavi Khomeini, 1421, 3, 116).
The author of the book Makasib states: The permissibility of selling the endowed property (in specific cases) does not conflict with the fact that until the time of sale, the endowment remains as it was; therefore, the endowment becomes invalid with the sale of the endowed property, not with the mere permissibility of the sale.
There are two opinions: the late Great Sheikh Kashif al-Ghita and the author of Jawahir hold the first theory (invalidity of endowment merely upon the emergence of the permit for sale), while Sheikh Ansari (RA) has chosen the second theory based on the following reasoning: In endowment, like other formative matters (insha'iyyat) among contracts and unilateral acts, there are two stages: The first stage: The formation (insha') of the endowment, the content of which is the validity of the prohibition and the permanent withholding of the endowed essence from all kinds of transferable dispositions.
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