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Issue No. 2322Rules and Conditions Regarding Waqf

Possessing and Devoting by Legal Personalities

Issue No. 2322- Institutions and associations set up and registered in our time have legal status (personality) and one can give possession of something to them which should be used according to the constitution. The properties of such institutions are in some respects similar to those of an endowment but they are not endowed properties. Rather, they are the properties of that institution, and if some of the founders or the managers die, their heirs will not inherit anything, except for when it is mentioned in the constitution. This rule also applies to the institutions which have been formed in accordance with rational standards but they have not yet been legally registered.

Issue No. 2191Rules Regarding Ghasb

Possessing the Commodity and its Substitute of an Invalid Transaction

Issue No. 2191- If an invalid transaction takes place, for example, a commodity that should be purchased and sold by weight is sold without being weighed, neither the purchaser becomes the owner of the commodity, nor will the seller become the owner of the money. However, there is no harm in making use of their own property if both the seller and the buyer consent it regardless of the transaction, otherwise the things taken by them from each other are like usurped property and should be returned back to the respective original owners. And if the property of each of them perishes while in the custody of the other, he should pay compensation for it regardless of whether or not he knows that the transaction was void.

Issue No. 1912Who Are Mahjurin

Possession of Bankrupt Over his Properties

Issue No.1912- A bankrupt person, i.e., a person whose debts are more than his available capital and his creditors have asked the Islamic judge to prohibit him from having discretion over his property, has no right over his property after the Mujtahid’s order.

Issue No. 1914Who Are Mahjurin

Possession of a Living Person

Issue No.1914- Before his death, a person can give away as much of his own wealth as he likes, whether he is well or sick; and he is allowed also to sell a commodity cheaper than its value or spend it on himself or on the members of his family or his guests. However, the recommended precaution is that a dying person in his terminal illness should not exercise such discretion in more than one third of his own estate, except with the permission of his heirs.

Issue No. 1914Who Are Mahjurin

Possession of a Person who is in the Risk of Death

Issue No.1914- Before his death, a person can give away as much of his own wealth as he likes, whether he is well or sick; and he is allowed also to sell a commodity cheaper than its value or spend it on himself or on the members of his family or his guests. However, the recommended precaution is that a dying person in his terminal illness should not exercise such discretion in more than one third of his own estate, except with the permission of his heirs.

Issue No. 1911Who Are Mahjurin

Possession of an Insane or Feeble-Minded Person

Issue No.1911- An insane person and a mentally incompetent person, i.e., one who squanders his property for useless purposes, have no right of making use of their properties, rather, it should be under the supervision of their legal guardians.

قرآن و تفسیر نمونه
مفاتیح نوین
نهج البلاغه
پاسخگویی آنلاین به مسائل شرعی و اعتقادی
آیین رحمت، معارف اسلامی و پاسخ به شبهات اعتقادی
احکام شرعی و مسائل فقهی
کتابخانه مکارم الآثار
خبرگزاری رسمی دفتر آیت الله العظمی مکارم شیرازی
مدرس، دروس خارج فقه و اصول و اخلاق و تفسیر
تصاویر
ویدئوها و محتوای بصری
پایگاه اطلاع رسانی دفتر حضرت آیت الله العظمی مکارم شیرازی مدظله العالی
انتشارات امام علی علیه السلام
زائرسرای امام باقر و امام صادق علیه السلام مشهد مقدس
کودک و نوجوان
آثارخانه فقاهت