was upright and then became a transgressor, an upright person is joined with him so that the endowment may be preserved by him, and his control is not removed; because it is possible to combine the two rights. It is also possible that his appointment is not valid, and that he is removed if he commits transgression during his tenure; because this is a guardianship over the right of another, so transgression negates it, just as if the judge had appointed him, and as if it were not possible to preserve the endowment from him while his guardianship [over the right of another] remains (11). For whenever it is not possible to preserve it from him, his guardianship is removed, as the consideration for preserving the endowment is more important than maintaining the guardianship of the transgressor over it.

Section: The maintenance of the endowment is determined by whatever the endower stipulated, because since his condition was followed regarding its dedication (12), it is necessary to follow his condition regarding its maintenance. If that is not possible, then [it is paid] from its revenue; because the endowment implies the immobilization of its substance and the dedication of its benefit, and that is not achieved except by spending upon it, so it is a necessity for it. If the benefits of the endowed animal cease, its maintenance is upon the beneficiary, because it is his property. It is also possible that it is obligatory upon the Public Treasury (Bayt al-Mal). Its sale is permissible, according to what has preceded in its explanation.