The extra mats in the mosque: Is it permissible for the imam or the mu'adhdhin to use them?
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The questioner : Regarding the furnishings that are in excess of the mosque's needs, if the imam or the caretaker has a pressing need for them, on the condition that he preserves them, he may lay them out in the house prepared for his residence. From a legal standpoint, regarding the evidence, because there have been debates between us and... the evidence until...
The Shaykh : There is a distinction, and it is necessary. If the house in which he wants to lay out the mosque's furnishings is part of the mosque, meaning the house belongs to the mosque, i.e., it is an endowment (waqf), then it is permissible; otherwise, it is not.
The questioner : Regarding the evidence, we know, as you have taught us... evidence, and even until...
The Shaykh : The evidence is in the answer itself, may Allah reward you. The mosque is an endowment for the Muslims, and the house that is part of the mosque is also an endowment. So why do we say it is not permissible to take this or that mat out of the mosque so that another Muslim outside the mosque can benefit from it? Because the jurists say, with some exaggeration, "The condition of the endower is like the text of the Lawgiver." So the mosque's house is attached to the mosque. Just as it is not permissible to rent it out or lease it, it is also not permissible to dispose of its belongings, its mats, and so on, or to take them out of this house. Likewise, the mosque's mats are attached to the mosque's house, and the mats of the mosque's house are attached to the mosque itself. It is one building, so it is one endowment. Therefore, what applies to the endowment of the mosque also applies to the endowment of the mosque's house. So the issue does not require specific evidence.
The questioner : Regarding... forgive us, brothers, if the imam plants something like tomatoes or such to eat.
The Shaykh : Where does he plant?
The questioner : In an area next to the mosque, the point is that he uses it for himself.
The Shaykh : No, you don't say "in an area next to the mosque." Either you say "in the mosque" or "outside the mosque."
The questioner : Why? Because if you plant...
The Shaykh : Why, why? Are you making excuses? You haven't given me my answer; I am the one asking.
The questioner : Outside...
The Shaykh : Yes, that is the answer.
The questioner : It is outside the mosque...
The Shaykh : Then, you may not need to tell me why.
The questioner : It is outside the mosque.
The Shaykh : This area outside the mosque, is it common land or owned land?
The questioner : Owned land.
The Shaykh : Then, what is planted on a man's land belongs to him, not to the planter, unless he is given permission.
The questioner : He is given permission.
The Shaykh : Okay, so in that case...
The questioner : Meaning he gives me the space to plant as I wish.
The Shaykh : Good. These are all details that did not come from your question, but the necessity of research and clarification led to this explanation. In that case, we say there is no difference between this land that is next to the mosque or far from the mosque, as long as the landowner has given permission to a person to benefit from it by planting in it or living in it. He becomes like a tenant, like an owner. So there is nothing wrong with that, and it is not permissible for anyone to share in the benefit of what he has planted without his permission.
The questioner : I ask about the water. Is it permissible to use the mosque's water?
The Shaykh : It is not permissible. Do you give permission for others to benefit from the mosque's water for their house, for their family, when they do not live in the mosque's house? The answer is no.
Another questioner : Even the mu'adhdhin?
The Shaykh : He doesn't need it. Even the word "even"...
The questioner : I don't know. For example, there is something they call a roundabout, planted with trees, belonging to the rural council. They also take water from the mosque to water this roundabout.
The Shaykh : The same answer applies.
The questioner : But we informed them, but they do not respond to us...
The Shaykh :[Al-Ghashiyah 88:22] .
Another questioner : The mosque's water, does it have pipes or tanks?
The questioner : No, it has regular water pipes.
The Shaykh :[Al-Ghashiyah 88:22] .
Abu Layla : Our Shaykh, if someone came and said, "I will pay the value of this water at the end of the month," is it permissible for the imam to dispose of it as he wishes?
The Shaykh : Dispose of what, the water?
The questioner : The water. Either he makes the roundabout or waters his family's house or uses the water as he wishes.
The Shaykh : And what does he do with the money he takes?
The questioner : He pays it as money in exchange.
The Shaykh : Not the water, brother. The money, which is the price of the water, what is this imam doing with it?
Abu Layla : The money usually comes from the water.
The Shaykh : Brother, you are sleeping while asking. As I understood, the imam of the mosque is selling the mosque's water to those in need.
Abu Layla : Selling? No, our Shaykh, I did not intend that.
The Shaykh : Then what did you intend?
Abu Layla : I said, if one of the people came and said, "I will pay the value of this water belonging to the mosque," meaning...
The Shaykh : Okay, may Allah guide you. To whom does he pay?
Abu Layla : To the municipality, an invoice, meaning. And he pays the water bill, instead of the endowment paying it. This is the endowment's money.
The Shaykh : I do not know about electricity or water. Is there an invoice for electricity and water for the mosque?
The questioner : An invoice that the endowment pays, and Allah knows best. I think...
The Shaykh : Water or electricity, brothers?
The questioner : They used to take electricity from us before.
The Shaykh : And now?
The questioner : A while ago, and I learned about four months ago that they now do not take electricity from the houses...
The Shaykh : We know in Amman, this electricity in the mosque's house where the imam lives, they do not have a meter, and it is not recorded against them.
The questioner : On the mosque's account?
The Shaykh : Yes, on the mosque's account. Now, you are imagining something that is not realistic.
Abu Layla : Every mosque pays these expenses, and the endowment pays them. I thought so, meaning.
The Shaykh : Bring one of our brothers, his name is Abu...
The questioner : Abu al-Sa'id?
The Shaykh : No, the imam of the mosque, and sometimes he drives a taxi. On the tip of my tongue, Abu...?
The questioner : Of the Anas mosque?
The Shaykh : Yes.
The questioner : Abu Ramez.
The Shaykh : Abu Ramez, well done! Abu Ramez: some enemies of the da'wah filed a complaint against him with the endowment, saying that he uses a lot of electricity, and therefore they must install a meter in his house to charge him for the electricity. And they were going to succeed against him. After that, we learned from him that he had an appointment on a night of entertainment with him, and he was with the wife of Abu Fares. They left the entertainment because he had an appointment with a man named 'Abd al-'Aziz Jibr, who is from the Muslim Brotherhood and a member of parliament. He said he had the appointment so that he would mediate for them with the endowment so that they would not respond to this oppressor who asked the endowment to install an electricity meter. From that day on, I knew before, but I confirmed that mosque houses never pay for electricity. And therefore, I was surprised by the picture you asked about.
The questioner : Our Shaykh, regarding the water, of course, the house's water is from the mosque as well.
The Shaykh : The same answer applies.
The questioner : Okay, now, as a consultation, we planted some tomatoes, and if we left them, they would dry out, and there is no water near me except the mosque's water. I have a neighbor far away, and it is difficult for me to draw water from him. I have set up pipes, what should I do now? Should I leave them to dry out, or for example...
The Shaykh : I can answer you if you answer me: what do you do afterwards?
The questioner : How do you mean after the tomatoes are done?
The Shaykh : Yes.
The questioner : That is it.
The Shaykh : The tomato season is over, and Allah has pardoned what has passed.
The questioner : Meaning we water from it, for example?
The Shaykh : Yes.
The questioner : Our Shaykh, one of the brothers entered the mosque, and the mu'adhdhin who is in front of the khatib is calling the adhan for him. Does he wait?
The Shaykh : He does not wait.
The questioner : Until the adhan is finished, or does he pray immediately when he enters?
The Shaykh : If the adhan is the one we have here, which they call the unified adhan, then do not wait. Likewise, if it is a local adhan, such as the one at your mosque, stay with me, and leave the paper.[Al-Ahzab 33:4] And if it is a specific adhan, like the one at your mosque today, and the mu'adhdhin is calling the adhan in a manner that is in accordance with the Shari'ah, without any melodic intonation, humming, or elongation, where elongation is not appropriate until the end, then in that case, he combines the two matters: he occupies himself with responding to this lawful mu'adhdhin, and then he begins the greeting of the mosque. However, this is on the condition that this adhan is what they call the first adhan. But if it is the second adhan and the khatib is on the minbar, then in this case, he should proceed directly with the greeting and not occupy himself with responding, because if he occupies himself with responding, then after the mu'adhdhin finishes, the khatib will begin the khutbah, and he will be beginning the greeting, so at the expense of the greeting, a portion of listening to the khutbah will be lost. If the matter turns between losing an obligatory duty, which is listening to the khutbah, and losing a recommended practice, which is responding to the mu'adhdhin, the first is prioritized over the second. Is this distinction clear?
The questioner : Is that clear?
The Shaykh : If Allah wills.
The Shaykh : There is a distinction, and it is necessary. If the house in which he wants to lay out the mosque's furnishings is part of the mosque, meaning the house belongs to the mosque, i.e., it is an endowment (waqf), then it is permissible; otherwise, it is not.
The questioner : Regarding the evidence, we know, as you have taught us... evidence, and even until...
The Shaykh : The evidence is in the answer itself, may Allah reward you. The mosque is an endowment for the Muslims, and the house that is part of the mosque is also an endowment. So why do we say it is not permissible to take this or that mat out of the mosque so that another Muslim outside the mosque can benefit from it? Because the jurists say, with some exaggeration, "The condition of the endower is like the text of the Lawgiver." So the mosque's house is attached to the mosque. Just as it is not permissible to rent it out or lease it, it is also not permissible to dispose of its belongings, its mats, and so on, or to take them out of this house. Likewise, the mosque's mats are attached to the mosque's house, and the mats of the mosque's house are attached to the mosque itself. It is one building, so it is one endowment. Therefore, what applies to the endowment of the mosque also applies to the endowment of the mosque's house. So the issue does not require specific evidence.
The questioner : Regarding... forgive us, brothers, if the imam plants something like tomatoes or such to eat.
The Shaykh : Where does he plant?
The questioner : In an area next to the mosque, the point is that he uses it for himself.
The Shaykh : No, you don't say "in an area next to the mosque." Either you say "in the mosque" or "outside the mosque."
The questioner : Why? Because if you plant...
The Shaykh : Why, why? Are you making excuses? You haven't given me my answer; I am the one asking.
The questioner : Outside...
The Shaykh : Yes, that is the answer.
The questioner : It is outside the mosque...
The Shaykh : Then, you may not need to tell me why.
The questioner : It is outside the mosque.
The Shaykh : This area outside the mosque, is it common land or owned land?
The questioner : Owned land.
The Shaykh : Then, what is planted on a man's land belongs to him, not to the planter, unless he is given permission.
The questioner : He is given permission.
The Shaykh : Okay, so in that case...
The questioner : Meaning he gives me the space to plant as I wish.
The Shaykh : Good. These are all details that did not come from your question, but the necessity of research and clarification led to this explanation. In that case, we say there is no difference between this land that is next to the mosque or far from the mosque, as long as the landowner has given permission to a person to benefit from it by planting in it or living in it. He becomes like a tenant, like an owner. So there is nothing wrong with that, and it is not permissible for anyone to share in the benefit of what he has planted without his permission.
The questioner : I ask about the water. Is it permissible to use the mosque's water?
The Shaykh : It is not permissible. Do you give permission for others to benefit from the mosque's water for their house, for their family, when they do not live in the mosque's house? The answer is no.
Another questioner : Even the mu'adhdhin?
The Shaykh : He doesn't need it. Even the word "even"...
The questioner : I don't know. For example, there is something they call a roundabout, planted with trees, belonging to the rural council. They also take water from the mosque to water this roundabout.
The Shaykh : The same answer applies.
The questioner : But we informed them, but they do not respond to us...
The Shaykh :
You are not over them a controller.
لست عليهم بمصيطرAnother questioner : The mosque's water, does it have pipes or tanks?
The questioner : No, it has regular water pipes.
The Shaykh :
You are not over them a controller.
لست عليهم بمصيطرAbu Layla : Our Shaykh, if someone came and said, "I will pay the value of this water at the end of the month," is it permissible for the imam to dispose of it as he wishes?
The Shaykh : Dispose of what, the water?
The questioner : The water. Either he makes the roundabout or waters his family's house or uses the water as he wishes.
The Shaykh : And what does he do with the money he takes?
The questioner : He pays it as money in exchange.
The Shaykh : Not the water, brother. The money, which is the price of the water, what is this imam doing with it?
Abu Layla : The money usually comes from the water.
The Shaykh : Brother, you are sleeping while asking. As I understood, the imam of the mosque is selling the mosque's water to those in need.
Abu Layla : Selling? No, our Shaykh, I did not intend that.
The Shaykh : Then what did you intend?
Abu Layla : I said, if one of the people came and said, "I will pay the value of this water belonging to the mosque," meaning...
The Shaykh : Okay, may Allah guide you. To whom does he pay?
Abu Layla : To the municipality, an invoice, meaning. And he pays the water bill, instead of the endowment paying it. This is the endowment's money.
The Shaykh : I do not know about electricity or water. Is there an invoice for electricity and water for the mosque?
The questioner : An invoice that the endowment pays, and Allah knows best. I think...
The Shaykh : Water or electricity, brothers?
The questioner : They used to take electricity from us before.
The Shaykh : And now?
The questioner : A while ago, and I learned about four months ago that they now do not take electricity from the houses...
The Shaykh : We know in Amman, this electricity in the mosque's house where the imam lives, they do not have a meter, and it is not recorded against them.
The questioner : On the mosque's account?
The Shaykh : Yes, on the mosque's account. Now, you are imagining something that is not realistic.
Abu Layla : Every mosque pays these expenses, and the endowment pays them. I thought so, meaning.
The Shaykh : Bring one of our brothers, his name is Abu...
The questioner : Abu al-Sa'id?
The Shaykh : No, the imam of the mosque, and sometimes he drives a taxi. On the tip of my tongue, Abu...?
The questioner : Of the Anas mosque?
The Shaykh : Yes.
The questioner : Abu Ramez.
The Shaykh : Abu Ramez, well done! Abu Ramez: some enemies of the da'wah filed a complaint against him with the endowment, saying that he uses a lot of electricity, and therefore they must install a meter in his house to charge him for the electricity. And they were going to succeed against him. After that, we learned from him that he had an appointment on a night of entertainment with him, and he was with the wife of Abu Fares. They left the entertainment because he had an appointment with a man named 'Abd al-'Aziz Jibr, who is from the Muslim Brotherhood and a member of parliament. He said he had the appointment so that he would mediate for them with the endowment so that they would not respond to this oppressor who asked the endowment to install an electricity meter. From that day on, I knew before, but I confirmed that mosque houses never pay for electricity. And therefore, I was surprised by the picture you asked about.
The questioner : Our Shaykh, regarding the water, of course, the house's water is from the mosque as well.
The Shaykh : The same answer applies.
The questioner : Okay, now, as a consultation, we planted some tomatoes, and if we left them, they would dry out, and there is no water near me except the mosque's water. I have a neighbor far away, and it is difficult for me to draw water from him. I have set up pipes, what should I do now? Should I leave them to dry out, or for example...
The Shaykh : I can answer you if you answer me: what do you do afterwards?
The questioner : How do you mean after the tomatoes are done?
The Shaykh : Yes.
The questioner : That is it.
The Shaykh : The tomato season is over, and Allah has pardoned what has passed.
The questioner : Meaning we water from it, for example?
The Shaykh : Yes.
The questioner : Our Shaykh, one of the brothers entered the mosque, and the mu'adhdhin who is in front of the khatib is calling the adhan for him. Does he wait?
The Shaykh : He does not wait.
The questioner : Until the adhan is finished, or does he pray immediately when he enters?
The Shaykh : If the adhan is the one we have here, which they call the unified adhan, then do not wait. Likewise, if it is a local adhan, such as the one at your mosque, stay with me, and leave the paper.
Allah has not made for a man two hearts in his interior
ما جعل الله لرجل من قلبين في جوفهThe questioner : Is that clear?
The Shaykh : If Allah wills.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
