Taking a portion of the mosque and adding it to the imam's house
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Fatwa number ( 1921 )
Q: What is your opinion—may Allah guide you—if there is a very large mosque, considered the largest mosque in the town, excluding the congregational mosques, and its congregation is very small? Next to it to the south is a house built on the imam of the mosque. The house in question is very narrow, unsuitable for residence in its current state, and not suitable for rent. Most of the time it remains closed because tenants do not want it due to its narrowness and unsuitability. It is possible to take a small portion from the south of the mosque and attach it to the house so that it becomes desirable, without causing any harm to it. In fact, the spaciousness of the mosque in this state exposes it to dirt. Knowing that the parking area belongs to both the mosque and the house, and that the purpose of building the house on the imam is undoubtedly to meet his need and spare him the trouble of going back and forth, what do you see?
Please give us a ruling, and may Allah reward you.
A: It is not permissible to take any part of the mosque's area and add it to the house in question; because the principle regarding endowments is that they remain as they were, so one does not dispose of the principal of an endowment by converting it from a superior to an inferior state. If the house is not suitable for residence, one can refer the matter to the court to look into it and carry out what is required by the Shariah according to their procedures. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: What is your opinion—may Allah guide you—if there is a very large mosque, considered the largest mosque in the town, excluding the congregational mosques, and its congregation is very small? Next to it to the south is a house built on the imam of the mosque. The house in question is very narrow, unsuitable for residence in its current state, and not suitable for rent. Most of the time it remains closed because tenants do not want it due to its narrowness and unsuitability. It is possible to take a small portion from the south of the mosque and attach it to the house so that it becomes desirable, without causing any harm to it. In fact, the spaciousness of the mosque in this state exposes it to dirt. Knowing that the parking area belongs to both the mosque and the house, and that the purpose of building the house on the imam is undoubtedly to meet his need and spare him the trouble of going back and forth, what do you see?
Please give us a ruling, and may Allah reward you.
A: It is not permissible to take any part of the mosque's area and add it to the house in question; because the principle regarding endowments is that they remain as they were, so one does not dispose of the principal of an endowment by converting it from a superior to an inferior state. If the house is not suitable for residence, one can refer the matter to the court to look into it and carry out what is required by the Shariah according to their procedures. 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.