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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Real estate containing a mosque that collapsed due to an earthquake

Machine translationRead the Arabic original
Question:
May Allah reward you. This questioner says: A man owned a three-story property. The first floor was a mosque, which had been incorporated into the Ministry of Awqaf (Endowments). The second and third floors were his residence and that of his children. This property collapsed as a result of an earthquake, and the owner of the property passed away. The question is: Does the land become a waqf (endowment), or does it become part of the estate of the deceased owner?

Answer:
The lower floor is a mosque endowment, and the second and third floors are private property. If they rebuild it, there is no harm. As for the lower floor that he made into a mosque, this is a waqf (endowment). It remains a mosque if there is a need for it. If the heirs wish to build on it as their father did, there is no harm.
Source فتاوى المسجد الحرام (شعبان ١٤١٧ هـ) - ٧ — archive.org (48:10)

The Arabic text is a machine transcription of the audio recording.

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