He bequeathed the allocation of land from the annexes of his property after division for a mosque, a house for the imam, and a house for the mu'adhdhin
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Fatwa No. ( 1817 )
Q: My brother, Muhammad ibn Ibrahim ibn Muhammad al-Zuhayri, passed away, and the following text appeared in his will: (And I bequeath the allocation of land from the annexes of his property after planning for a mosque, a house for its imam, and a house for its mu'adhdhin as far as possible. As for the construction of the mosque and its appurtenances, if a good person is provided who will build it, may Allah not waste the reward of the doers of good). This is the end of the intended text of the will. I do not assert a specific area for the mosque and the two houses mentioned, as the testator did not specify it in known meters in his will. Since the residents of that area request that the mosque be a congregational mosque (jami'), I ask your Eminence to issue a fatwa on what the Shari'ah considers to be a clearing of the conscience, and to realize the public benefit and the reward and recompense. End of question.
After the Committee studied the question and the attached deed certifying the aforementioned bequest, it responded as follows: The mosque mentioned and the two houses are to be taken from the one-third share. If the neighborhood is in need of a congregational mosque, the agent should appoint two people of expertise, trustworthiness, and integrity to designate a mosque suitable to serve as a congregational mosque. If it is not in need, they should designate a mosque suitable for the congregation. Likewise, the Committee will determine the land for the two houses as it sees fit. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My brother, Muhammad ibn Ibrahim ibn Muhammad al-Zuhayri, passed away, and the following text appeared in his will: (And I bequeath the allocation of land from the annexes of his property after planning for a mosque, a house for its imam, and a house for its mu'adhdhin as far as possible. As for the construction of the mosque and its appurtenances, if a good person is provided who will build it, may Allah not waste the reward of the doers of good). This is the end of the intended text of the will. I do not assert a specific area for the mosque and the two houses mentioned, as the testator did not specify it in known meters in his will. Since the residents of that area request that the mosque be a congregational mosque (jami'), I ask your Eminence to issue a fatwa on what the Shari'ah considers to be a clearing of the conscience, and to realize the public benefit and the reward and recompense. End of question.
After the Committee studied the question and the attached deed certifying the aforementioned bequest, it responded as follows: The mosque mentioned and the two houses are to be taken from the one-third share. If the neighborhood is in need of a congregational mosque, the agent should appoint two people of expertise, trustworthiness, and integrity to designate a mosque suitable to serve as a congregational mosque. If it is not in need, they should designate a mosque suitable for the congregation. Likewise, the Committee will determine the land for the two houses as it sees fit. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.