It is Not Permissible for the Custodian of the Endowment to Take Anything From its Revenue if He is Rich

Question :

My grandmother- my mother's mother has a house which she put in charge of my mother when she died, for the purpose of providing sacrifices; during the lifetime of my mother, sometimes it produced a sacrifice and sometimes it did not, due to its dilapidated state. So when death approached my mother, she entrusted me with the task of restoring it. I asked her heirs to allow me to use money from the inheritance for the purpose of renovating the house and they permitted me to do so. She left one thousand two hundred Riyals, so I undertook the task of repairing the house in accordance with the instructions left for me by my mother, that is my intention, and I repaired it using my own money so that the house should appear like prosperous houses. Now the income flowing from it is much more than is required for the sacrifice. My question is, is it permissible for me by virtue of the fact that I have revived something which was dead i.e., my mother or for whom is it permissible, and she has another dilapidated house, so may I collect the income from this and combine it with the other?

Answer:

Bearing in mind that your mother entrusted you with rebuilding this house which belonged to your grand- mother and she had previously placed your mother in charge of it for the purpose of providing sacrifices, and that after obtaining the permission of the heirs, you rebuilt the house from the inheritance left to them and from your own private funds as for the money donated by the heirs to the owner of the house, it is a charity, while what you spent on the house is the implementation of what you were charged with by your mother and so you have performed an act of charity towards you grandmother. Based upon this, the income from this house which was previously restored and the execution of the commission with which you were charged, and whatever remained after that, is to be used in the cause of what the legal trustee considers to be charitable deeds - and the poor from among her kin have more right to charity from it than others. Should any dispute occur regarding it, it must be referred to the Islamic Court. As for the other house which you mentioned as belonging to your grandmother and being dilapidated, if it is subject to (the same terms as) the first house, then we have informed you of its ruling. However, if it was part of the inheritance and not of the endowed house, it is a matter for the heirs: If they permit you to join it to the endowed house, then its ruling will be the same as that of the endowed house, but if they do not permit you to do so, then it is up to the heirs, according to Allah's Judgement. And Allah is the Granter of success. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.

Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 5 Pages 38-39