Changing a condition made by the endower
My client's father endowed a parcel of farmable land and stipulated that its proceeds be directed towards the family mosque to cover any expenses and repairs and the wages of the mosque imam. The land is to be cultivated by the endowment's administrator, my client's husband. The mosque later came under the administration and supervision of the Ministry of Religious Trust. Since the family is wealthy and capable of covering any expenses needed by the mosque, is it permissible to direct the proceeds of the land to any charity or orphanage?
The established legal maxim states 'Conditions laid down by an endower are tantamount to rulings laid down by the Law maker'. It is impermissible to deviate from the condition laid down by the endower since the mosque, which is the beneficiary, is extant.
Based on the above, it is impermissible to deviate from the condition laid by your client's father; the fact that the mosque is under the administration of the Ministry of Religious Trusts does not preclude fulfilling the endower's condition and the family's wealth has no bearing on the execution of the endower's condition.