He built a mosque in his house and opened its door to the public, and he wants to revert it to his ownership
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Fatwa No. ( 17610 )
Q: I built a small mosque with an area of (8 × 7) and a private restroom, in part of my house's wall, with a door opening onto the street. I and my neighbors have prayed in it since I moved into my house for twelve years (12 years). Now, the Crown Prince, His Royal Highness Prince Abdullah bin Abdulaziz Al Saud , may Allah place him in the scales of his good deeds, and those who worked on it, has built a congregational mosque at his own expense, and the new mosque is about five hundred meters (500 meters) away from my mosque. I and my children have become the only ones praying in the small mosque without a congregation; because the neighbors went to pray in the new mosque; because it is close to their homes. I left the small mosque and went to pray in the new mosque out of love for the virtue of congregational prayer. My question is as follows: 1- Is it permissible for me to leave the mosque and go to the new mosque for the sake of the virtue of the congregation, or should I and my children pray in the old mosque? 2- Is it permissible to demolish the small mosque and benefit from its space ? I ask you, may Allah grant you His help and success, to provide me with a fatwa
on this matter, may Allah reward you and make your ending good. This is from Allah who preserves you, and peace be upon you and the mercy of Allah and His blessings. The request was referred to the Honorable Head of the High Court in Khamis Mushait , by letter No. (2734\2) dated 28\10\1415 AH, for information regarding the justifications, and the response came by his letter No. (162) dated 8\1\1416 AH, attached with a report from the committee formed to look into the aforementioned mosque, and its text is as follows: Referring to your letter No. (739\7) dated 12\11\1415 AH, based on the letter of the Grand Mufti of the Kingdom of Saudi Arabia , and the Head of the Committee of Senior Scholars and the Department of Islamic Research and Ifta: His Eminence the Shaykh Abdulaziz bin Abdullah bin Baz , No. (10738) dated 4\11\1415 AH, containing the directive to form a committee from the Committee of Inquiry, and another from the Endowments and Mosque Affairs, to inspect two mosques located in Al-Ajir village in Tanudha , one of which is old and small in structure, and the other is new and spacious in structure, and to provide information on whether it is better to keep the old mosque or abolish it in favor of the new mosque. Accordingly, we inform you that we inspected the old and new mosques, and it became clear that the one named: (Y. A. Y. D) had dedicated a room from his house which is a mosque, opening from his courtyard and from the courtyard to the street,
and its area is (6× 7= 42 meters) approximately, and the aforementioned person and his neighbors used to perform congregational prayer in it, which are the five obligatory prayers. Since the Crown Prince built a congregational mosque about three hundred meters away from this mosque, we see that it is better to abolish the old mosque and rely on the new mosque, as it is reinforced, spacious, and central, and there are parking spaces for cars. This is what we see and the correct opinion is yours, and peace.
Based on what was mentioned, the Permanent Committee for Scholarly Research and Ifta saw that the aforementioned place acquires the status of a waqf mosque because its door was opened to the street for the prayer of all Muslims, and therefore it has become an endowment as the scholars (may Allah have mercy on them) stated in the rulings of endowments. Given what was mentioned and the proximity of the new mosque to it, it is incumbent upon the Endowments Administration concerned with mosques, through the judiciary, to appraise its value by equivalent, so that the owner of the house can hand it over, and the value is spent in the interest of another mosque, or shared in the construction of another mosque, and then the owner of the house can dispose of the mosque land as he wishes; because it has become his property by being sold to him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and companions.
Q: I built a small mosque with an area of (8 × 7) and a private restroom, in part of my house's wall, with a door opening onto the street. I and my neighbors have prayed in it since I moved into my house for twelve years (12 years). Now, the Crown Prince, His Royal Highness Prince Abdullah bin Abdulaziz Al Saud , may Allah place him in the scales of his good deeds, and those who worked on it, has built a congregational mosque at his own expense, and the new mosque is about five hundred meters (500 meters) away from my mosque. I and my children have become the only ones praying in the small mosque without a congregation; because the neighbors went to pray in the new mosque; because it is close to their homes. I left the small mosque and went to pray in the new mosque out of love for the virtue of congregational prayer. My question is as follows: 1- Is it permissible for me to leave the mosque and go to the new mosque for the sake of the virtue of the congregation, or should I and my children pray in the old mosque? 2- Is it permissible to demolish the small mosque and benefit from its space ? I ask you, may Allah grant you His help and success, to provide me with a fatwa
on this matter, may Allah reward you and make your ending good. This is from Allah who preserves you, and peace be upon you and the mercy of Allah and His blessings. The request was referred to the Honorable Head of the High Court in Khamis Mushait , by letter No. (2734\2) dated 28\10\1415 AH, for information regarding the justifications, and the response came by his letter No. (162) dated 8\1\1416 AH, attached with a report from the committee formed to look into the aforementioned mosque, and its text is as follows: Referring to your letter No. (739\7) dated 12\11\1415 AH, based on the letter of the Grand Mufti of the Kingdom of Saudi Arabia , and the Head of the Committee of Senior Scholars and the Department of Islamic Research and Ifta: His Eminence the Shaykh Abdulaziz bin Abdullah bin Baz , No. (10738) dated 4\11\1415 AH, containing the directive to form a committee from the Committee of Inquiry, and another from the Endowments and Mosque Affairs, to inspect two mosques located in Al-Ajir village in Tanudha , one of which is old and small in structure, and the other is new and spacious in structure, and to provide information on whether it is better to keep the old mosque or abolish it in favor of the new mosque. Accordingly, we inform you that we inspected the old and new mosques, and it became clear that the one named: (Y. A. Y. D) had dedicated a room from his house which is a mosque, opening from his courtyard and from the courtyard to the street,
and its area is (6× 7= 42 meters) approximately, and the aforementioned person and his neighbors used to perform congregational prayer in it, which are the five obligatory prayers. Since the Crown Prince built a congregational mosque about three hundred meters away from this mosque, we see that it is better to abolish the old mosque and rely on the new mosque, as it is reinforced, spacious, and central, and there are parking spaces for cars. This is what we see and the correct opinion is yours, and peace.
Based on what was mentioned, the Permanent Committee for Scholarly Research and Ifta saw that the aforementioned place acquires the status of a waqf mosque because its door was opened to the street for the prayer of all Muslims, and therefore it has become an endowment as the scholars (may Allah have mercy on them) stated in the rulings of endowments. Given what was mentioned and the proximity of the new mosque to it, it is incumbent upon the Endowments Administration concerned with mosques, through the judiciary, to appraise its value by equivalent, so that the owner of the house can hand it over, and the value is spent in the interest of another mosque, or shared in the construction of another mosque, and then the owner of the house can dispose of the mosque land as he wishes; because it has become his property by being sold to him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.