Revenue from endowed land

Question:

Are the payments for having permission to hire Waqf [endowment] included in its revenue or a part of the Waqf (endowment) itself?

Answer:

A Fatwa was issued by His Eminence Shaykh Muhammad ibn Ibrahim (may Allah be merciful to him) under No. (365) regarding these payments stating that it is a part of the Waqf. The following is a free quotation of the fatwa for the benefit of the questioner:

We have received your letter requesting a fatwa on the amount of money paid by ground renters of the Waqf of Al Humaydan at the beginning of rent. We have examined the facts you submitted as well as the Waqf documents attached. Reflecting on them, we reached the judgment that the amounts paid at the beginning of ground rent is not revenue that is due annually. Rather, they are included in the Waqf. Take note that if such amounts of money are deducted, the rent will increase. In other words, the less amounts of money are paid, the more the rent will be and vice versa. Accordingly, it is impermissible for the current generation to take these amounts of money, for the following generations of descendants, even those who have already passed away, are also entitled to them. Consequently, these amounts of money have to be considered included in the Waqf. Thus, they are to be exploited in rebuilding the real-estate if it needs so or in buying another Waqf out of excess. Revenue should be spent where its essence is spent.

May Allah grant us success. May peace and blessings be upon our Prophet, his family and Companions