Short answer
No. In the relied-upon Hanafi view, once a waqf is made it is permanent: you cannot take it back, sell it, give it away or pass it on as inheritance. If it stops being usable, it may in narrow cases be exchanged for a similar asset under a judge's authority. A mosque stays a mosque forever.
Following Abu Yusuf and Muhammad, on whose view the fatwa is given, a waqf becomes binding (lazim) once made and leaves the founder's ownership. It cannot be revoked, sold, gifted or inherited. Exchanging it (istibdal) is allowed only in limited cases under the authority of a judge.
Other madhhabs
- Maliki
- A waqf may be made for a fixed period, after which it returns to the owner; selling a lasting waqf is very restricted.
- Hanbali
- A waqf that no longer gives any benefit, even a mosque, may be sold and the price used to buy a replacement for the same purpose.
- Shafi'i
- A waqf cannot be sold, and a mosque that falls into ruin remains a mosque.
Explanation
The model for waqf is Umar's land at Khaybar. He asked the Prophet ﷺ what to do with it, and was told: if you wish, you can tie up the land itself and give its produce in charity. Umar did so on the terms that it would not be sold, given away or inherited, and its produce went to the poor, relatives, travellers and guests.
Imam Abu Hanifa held that a waqf was not binding unless a judge ruled on it or it was made by will. His two students held that it becomes binding once made, and the Hanafi fatwa follows them. So:
- You cannot change your mind and take the property back.
- It cannot be sold, mortgaged or given away.
- It does not pass to your heirs.
- A mosque, once prayer is held in it as a mosque, remains a mosque even if the area empties.
What a founder can do is set conditions at the start: who benefits, who manages it, and how its income is spent. Get these written properly, as they bind the trustees after you. A promise to make a waqf is not yet a waqf until it is actually made.
If a waqf property becomes useless, Hanafi law allows exchanging it for something that serves the same purpose, but only in narrow cases and under a judge's authority. See what is waqf and sadaqah jariyah.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah Aal-i-Imraan 3:92
لَن تَنَالُوا۟ ٱلْبِرَّ حَتَّىٰ تُنفِقُوا۟ مِمَّا تُحِبُّونَ ۚ وَمَا تُنفِقُوا۟ مِن شَىْءٍۢ فَإِنَّ ٱللَّهَ بِهِۦ عَلِيمٌۭ ﴿٩٢﴾
Never will you attain the good [reward] until you spend [in the way of Allah] from that which you love. And whatever you spend - indeed, Allah is Knowing of it.
Abu Talha and others made lasting gifts of their most precious property on hearing this verse.
Sahih al-Bukhari 2737
Sahih... إن شئت حبست أصلها وتصدقت بها ...
"If you wish, you can tie up the land itself and give its produce in charity. So Umar gave it on the terms that it would not be sold, given away or inherited."
The basis of waqf, and of its being permanent.
Where the ruling is recorded
- al-Hidaya, Kitab al-Waqf. The difference between Abu Hanifa and his two students, and the fatwa that a waqf is binding.
- Radd al-Muhtar, Kitab al-Waqf, on exchanging waqf property and on mosques. Narrow conditions for istibdal; a mosque remains a mosque.
- al-Mughni, Kitab al-Waqf. The Hanbali allowance to sell a waqf that has lost its benefit and replace it.
- Mukhtasar Khalil with al-Sharh al-Kabir, Chapter on waqf. The Maliki allowance of a waqf for a fixed period.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.