Question:- .
A person made Waqf of his share in a block of flats that he purchased from his father. Is the Waqf of his share valid in Shariah?
Answer:-
Your question is very vague with minimal details provided. If you mean by your question that the father put up a building,or a block of flats, and the son, thereafter, purchased a share in the block of flats and donated (i.e. made Waqf) a portion of his share (during his lifetime) to the poor, then such a Waqf will be valid and in order, even though the flats may have been in a joint partnership between father and son.
مشترک جائداد میں سے جس کا دل چاہے اپنا حصہ فروخت کردے یا وقف کردے ۔ کسی شریک کو اعتراض کا حق نہیں – فتاوی محمودیہ ص۳۶ ج۲۱
وَلَوْ أَنَّ رَجُلَيْنِ بَيْنَهُمَا أَرْضٌ فَوَقَفَ أَحَدُهُمَا نَصِيبَهُ جَازَ في قَوْلِ أبي يُوسُفَ رَحِمَهُ اللَّهُ تَعَالَى (الفتاوي الهندية ص368 ج2)
If he didn’t make Waqf of the block of flats in his lifetime, but left a bequest that a stipulated portion of his share must be made Waqf to the poor, then such a bequest is also in order with the proviso that it doesn’t exceed one third of the entire estate.
If the scenario is other than what we have explained above, then feel free to forward the details and we will respond accordingly Insha’Allah.
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 27 Rajab 1443 / 01 March 2022
