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Fatwa CenterThe endowment can not be taken back once it is in effect
Question
Assalamu alaikum.We formed a public charitable trust in March 2006.I am the Executive and there are two other trustees.So in all 3 of us are in the Trust.I resigned about few days back because I was being forced to take all responsibilities and also non availability of time.Now for the purpose of running the Trust we had an office.All the workings of the Trust was in this office which was called as a centre.I bought a computer set including printer and a Telephone for the working of the centre.Both are also required for the working of the activities of the Trust also.Since I resigned and the other two trustees are living far away from the office we disposed the office.It was a rented office.Now the computer and telephone I kept it in my flat.I had the Niyyat that it is for the Trust.Now since there is no office for the Trust and since both machines have to be functioning otherwise as it is electronic devices may get damaged I kept in my flat.The other two Trustees are not going to get an office in the near future.My question is since I bought both computer and telephone can I keep it for myself,though my Niyyat was to give to the Trust.But this Trust is not going to have any office or functioning in near future as major finance was done by myself.Both Trustees have no disagreement in myself keeping the two items.I have informed them I will keep it in future and they have agreed.They have agreed because they are my friends but I have guilty feelings.So can I keep it for myself?as there is no other place to keep them and if not used will get damaged and if they get an office say after few years do I have to return them or can I keep it as my own private property?Salaam.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
All your questions can be summarized in whether or not it is permissible for you to take back the two devices as personal possessions. The answer is no; it is not permissible because you stated in your questions that you have donated these two devices as an endowment for the Trust. If an endowment takes place, then it is an obligation to fulfil it. Al-Kharashi 
from the Maaliki School of jurisprudence, said: "A person is not permitted to take back what he donated as an endowment; because an endowment takes effect by saying: "I give such and such as an endowment."
Furthermore, the Fiqh Encyclopaedia reads: "If an endowment takes place, it becomes an obligation to fulfil it, and it is not permissible to take it back because it is considered as a charity."
However, if it is known that the two devices may become damaged if they are not used, then it is an obligation to give them to an institution which needs them and which deals in the same (or nearly the same) field as that for which the devices were donated. Nonetheless, if there is no such institution, then it is an obligation to sell them and the money should be put for the purpose of the Trust.
Allaah Knows best.
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