My grandfather passed away and left two houses. The first one was registered as a waqf for his four daughters due to their need, noting that one of his four sons and his wife currently reside in it. The second house is registered in the name of his wife during his lifetime and does not mention the children. All four children want to sell the house so that each can buy their own, but the daughters refuse, stating that if they sell it, they will not allow the waqf house to be sold and will take their inheritance from the house registered in the wife's name. The wife also wants to take a share from the house registered in her name and does not want the waqf house, where she resides, to be sold. Is this correct, and what should we do?
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1 Answer
Peace be upon you and God's mercy and blessings.
Grand Ayatollah Sayyid Khamenei and Grand Ayatollah Sayyid Sistani (may Allah protect them):
If the waqf was established during the grandfather's lifetime for the first house under its conditions and the waqf was realized, it is not permissible to sell it or act against the waqf.
As for the second house registered in the wife's name, if the grandfather registered it in her name meaning he transferred ownership to her during his lifetime, it is her property, and no one can share it with her or compel her to sell it and only take a share; the entire house belongs to her.
May you be successful in all good.
Source:
Grand Ayatollah Sayyid Khamenei (may Allah protect him): Fiqh of the Guardian: Rules of Waqf (1) + Tahrir al-Wasilah - Book of Usurpation + Tahrir al-Wasilah, Gift
Grand Ayatollah Sayyid Sistani (may Allah protect him): Official Website + Selected Issues, Rules of Usurpation + Minhaj al-Salihin, Vol. 2, Gift