All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
The fundamental Islamic ruling regarding endowments (Waqf) is that they cannot be sold, gifted, or inherited. Abdullah ibn Umar (may Allah be pleased with him) reported that Umar Ibn Al-Khattab (may Allah be pleased with him) acquired a piece of land in Khaybar and sought guidance from the Prophet (peace and blessings be upon him) regarding it. He said: "O Messenger of Allah, I have acquired a piece of land in Khaybar, and I have never possessed a more valuable property than this. What do you command me to do with it?" The Prophet (PBUH) replied: "If you wish, you may retain its original ownership while donating its benefits in charity." So, Umar (may Allah be pleased with him) gave it as charity, stipulating that it should not be sold, gifted, or inherited, and that its revenue should be spent on the poor. [Agreed upon].
As for the items used in an endowment (Waqf), such as carpets and water coolers, a distinction is made between:
1- Items that were explicitly designated as Waqf (endowed as such): These cannot be sold unless they become defective and unusable. In such a case, they may be sold, and the proceeds should be used to purchase a similar replacement. Additionally, they may be transferred to another mosque if needed.
2- Items that were donated to the mosque without being formally designated as Waqf or those purchased by the mosque administration without being endowed: In this case, they may be sold when necessary.
Shaykh Al-Islam Imam Al-Nawawi (may Allah have mercy on him) said: "If the mats of a mosque wear out, the wooden remnants become decayed, or the curtains of the Ka‘bah lose both their usefulness and beauty, there are two scholarly opinions regarding the permissibility of selling them. The more correct opinion is that they should be sold to prevent wastage and unnecessary occupation of space." He further explained: "All that we have mentioned concerning the mats of the mosque and similar items applies if they were endowed as waqf for the mosque. However, if they were purchased by the mosque administrator or donated without being formally endowed, then it is permissible to sell them when needed without any scholarly dispute, as they are considered property." [Rawdat Al-Talibin/Vol. 5/P.357). Additionally, Shaykh Al-Bakri Al-Dimyati (may Allah have mercy on him) stated: "Transferring items like mosque mats and lanterns is similar to transferring its equipment: If the mosque no longer needs them, it is permissible to transfer them to another mosque. Otherwise, it is not permissible to move them." [I‘anat Al-Talibin/Vol. 3/P.215].
Accordingly, if the water coolers were specifically endowed as Waqf, then selling them is not permissible unless they become non-functional and cannot be used. However, they can be transferred to another mosque if needed. On the other hand, if the water coolers were donated to the mosque or purchased by the Waqf administrator without being formally endowed, then selling them is permissible when necessary. In such cases, the sale must be conducted with due consideration of the best interest of the Waqf. The Waqf administrator’s decisions must be based on benefit and necessity, meaning: The items cannot be sold for less than their fair market value. If a buyer offers more than the market value, they must not be sold for less. Their price must be determined by a trustworthy expert to ensure fairness and proper handling of waqf assets.
Moreover, the law entrusts the Ministry of Awqaf, Islamic Affairs, and Holy Places with the supervision and management of mosques and their facilities as the official Waqf administrator. This is stated in Law No. (32) of 2001 on Awqaf, Islamic Affairs, and Holy Places, Article (18/A): "The Ministry shall supervise all mosques and manage their affairs. The Ministry shall also oversee Quranic centers, Islamic centers, guesthouses (Tekkiyas), Zawiyas (for Sufis), and their facilities, including those not funded by the Ministry's budget, in accordance with a special regulation issued for this purpose."
Therefore, it is important to note that the decision in such matters belongs to the authorities responsible for Waqf funds, namely the Ministry of Awqaf, Islamic Affairs, and Holy Places. They are the ones who determine what is most suitable and beneficial. And Allah The Almighty Knows Best.
