نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری گروه فقه و حقوق اسلامی، واحد یادگار امام خمینی شهر ری، دانشگاه آزاد اسلامی، تهران، ایران
2 استادیار گروه فقه و حقوق اسلامی، واحد یادگار امام خمینی شهر ری، دانشگاه آزاد اسلامی، تهران، ایران
عنوان مقاله [English]
Sheikh Ansari is the first jurist to divide the endowment into profit and for-profit, and this division has been involved in the discussion of the license for the sale of endowments, and has considered the sale of for-profit endowments absolutely forbidden. He did not allow it when the benefit was suspended. This view is famous among jurists, especially the later ones. But in the case of a usufruct endowment, the sale of the endowment must be permitted on the condition that it be for the benefit of the endowment against the interests of the endowment; Because the confinement of the object in the endowment and the prohibition of its sale is a subordinate purpose of the endowment and is in fact a prelude to the benefit of the endowment against the same endowment and the main purpose of the endowment is to abandon the benefits in favor of the endowment against each other. With an endowment, it is not possible, and the sale of the endowment and its conversion is a benefit, it must be said that the requirement of the secondary rule is the permission to sell the endowment. Some narrations also indicate the permission to sell the endowment if it is for profit. Whenever benefactor has allowed the sale of the endowment on the premise that it is for profit, the sale of the endowment will be allowed without any problems based on the benefactor condition.
* قرآن کریم.