Is it permissible to modify the condition of an endowment from establishing a mosque to benefiting the mosque?
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Fatwa No. ( 15214 )
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the President General from the Honorable Head of the Shari'ah Courts in Makkah al-Mukarramah, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (5343) and date 16 \ 10 \ 1412 AH, regarding the endowment of Musfir al-Ghamidi, and the intention is to modify its condition from establishing a mosque to endowing it for the benefit of the mosque . The request was returned to the Honorable Head of the Shari'ah Courts in Makkah al-Mukarramah, by letter number (3333\2) and date 6 \ 12 \ 1411 AH, to form a committee from the court, the Endowments Department, the Commission for Promoting Virtue and Prohibiting Vice, and Islamic Awareness in Hajj, to inspect the aforementioned land, specify the distance between it and the adjacent mosque, and write a report on the aforementioned land regarding the lack of need to establish a mosque on it. The response came by his letter number (63 \ 934 \ 3) and date 23 \ 2 \ 1412 AH, attached with the report of the committee formed to look into
the aforementioned mosque, and its text is as follows: (On Monday, corresponding to 22 \ 3 \ 1412 AH, and based on the letter of His Eminence the Shaykh 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, President General of the Departments of Islamic Research and Ifta, number (2 \ 3333) dated 6 \ 12 \ 1411 AH, regarding inspecting the land that Musfir al-Ghamidi endowed for building a mosque on it, located in Sha'b 'Amir, Jabal Khundamah (Jabal al-Sudan) , regarding the lack of need to establish a mosque on it, with specifying the distance between it and the mosque adjacent to the aforementioned land, and preparing a report on that, we, the undersigned, the representative of the Great Court in Makkah al-Mukarramah, the representative of the Commission for Promoting Virtue and Prohibiting Vice, the representative of Islamic Awareness in Hajj, and the representative of the Endowments Department, inspected the aforementioned land and found the following: 1 - There is no need to establish a mosque on the land of Musfir al-Ghamidi which he endowed by the deed issued by the Court of Makkah al-Mukarramah number (31 \ 3) dated 22 \ 1 \ 1408 AH; due to the existence of al-Sayyagh Mosque, which is separated from it by a street approximately five meters wide. 2 - Upon inspecting the mosque adjacent to the aforementioned land, it was found that
the mosque is complete, including the prayer hall, restrooms, and a room with its amenities. And may Allah send blessings and peace upon our master Muhammad, and upon his family and companions.
After the Committee studied this, it issued a fatwa that he must sell the aforementioned land and spend its price on renovating another mosque that is in need of renovation; because it has exited his ownership through the endowment. May Allah accept from him and multiply his reward. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, and upon his family and companions.
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the President General from the Honorable Head of the Shari'ah Courts in Makkah al-Mukarramah, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (5343) and date 16 \ 10 \ 1412 AH, regarding the endowment of Musfir al-Ghamidi, and the intention is to modify its condition from establishing a mosque to endowing it for the benefit of the mosque . The request was returned to the Honorable Head of the Shari'ah Courts in Makkah al-Mukarramah, by letter number (3333\2) and date 6 \ 12 \ 1411 AH, to form a committee from the court, the Endowments Department, the Commission for Promoting Virtue and Prohibiting Vice, and Islamic Awareness in Hajj, to inspect the aforementioned land, specify the distance between it and the adjacent mosque, and write a report on the aforementioned land regarding the lack of need to establish a mosque on it. The response came by his letter number (63 \ 934 \ 3) and date 23 \ 2 \ 1412 AH, attached with the report of the committee formed to look into
the aforementioned mosque, and its text is as follows: (On Monday, corresponding to 22 \ 3 \ 1412 AH, and based on the letter of His Eminence the Shaykh 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, President General of the Departments of Islamic Research and Ifta, number (2 \ 3333) dated 6 \ 12 \ 1411 AH, regarding inspecting the land that Musfir al-Ghamidi endowed for building a mosque on it, located in Sha'b 'Amir, Jabal Khundamah (Jabal al-Sudan) , regarding the lack of need to establish a mosque on it, with specifying the distance between it and the mosque adjacent to the aforementioned land, and preparing a report on that, we, the undersigned, the representative of the Great Court in Makkah al-Mukarramah, the representative of the Commission for Promoting Virtue and Prohibiting Vice, the representative of Islamic Awareness in Hajj, and the representative of the Endowments Department, inspected the aforementioned land and found the following: 1 - There is no need to establish a mosque on the land of Musfir al-Ghamidi which he endowed by the deed issued by the Court of Makkah al-Mukarramah number (31 \ 3) dated 22 \ 1 \ 1408 AH; due to the existence of al-Sayyagh Mosque, which is separated from it by a street approximately five meters wide. 2 - Upon inspecting the mosque adjacent to the aforementioned land, it was found that
the mosque is complete, including the prayer hall, restrooms, and a room with its amenities. And may Allah send blessings and peace upon our master Muhammad, and upon his family and companions.
After the Committee studied this, it issued a fatwa that he must sell the aforementioned land and spend its price on renovating another mosque that is in need of renovation; because it has exited his ownership through the endowment. May Allah accept from him and multiply his reward. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, and upon his family and companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.