He Sold a House, Then it Became Evident That it Was an Endowment

Question :

I sold a mud-brick house of mine which I had inherited from my father and its income was meant to provide for the slaughter of animals sacrifice. My father had inherited it from his mother and I after him, on the understanding that sacrifices be slaughtered using the income from its rent. After I came of age, I saw the document and regretted having sold it and I explained to the purchaser he must return the house and take back his money, but he refused and if he refused to accept the house along with the endowment for slaughter, have I absolved myself of blame? What is the answer of Your Eminence to this legal problem?

Answer:

Our view is that you should have the buyer summoned to the Court and explain to the Judge what happened, and that you were not aware that the house was a bequest, and you did not become aware of it until after you had come of age - bearing in mind that there is blame upon the seller who was entrusted with the sale and did not make sure that he was free (to do so). This is because endowments cannot be sold, unless the benefit from them has ceased. In any event, you will find a suitable solution with the Judge, if Allah, Most High wills.

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