Is it permissible to take books endowed to mosques out for the purpose of benefiting from them and then return them?

The questioner : Shaykh, regarding the items present in the mosque, you know they are an endowment (waqf) for Allah the Exalted. Is it permissible for someone to take, for example, a book from the mosque, take it outside the mosque to benefit from it, and then return it?

The Shaykh : This depends on

The questioner : the endowment for Allah the Exalted

The Shaykh : The answer is that this depends on the condition set by the endower. In the past, they would specify and write that this book is an endowment for such-and-such a mosque or such-and-such a school, and it is not permissible to take it out. The jurists say, with some exaggeration, "The condition of the endower is like the text of the Lawgiver." This statement has validity, but there is exaggeration in the analogy. What is its validity? Its validity is the verse you mentioned, I think . The one who endowed this book or this wealth in this mosque set this condition, and the believers are bound by their conditions, so it is obligatory to fulfill it. Therefore, because it is based on a principle in the Shari'ah, they said the condition of the endower is like the text of the Lawgiver. But with the exaggeration in the analogy, there was also exaggeration in the application, because it sometimes becomes clear that enforcing the condition of the endower does not achieve the religious benefit the endower intended. The Zahiris, and you know who they are, the Zahiris remained, who are they? Those who distinguish between the two cases. The Zahiris say the condition of the endower is like the text of the Lawgiver. Let us give an example: A man endowed a piece of land to build a mosque on it. The man died, and this land was near the town, and the town needed a mosque. But for some reason, this situation happened to us in some Syrian countries. There was a village full of people and residents in a valley, then a great flood came and swept away the village entirely. So they considered this flood, and they began building up on the mountain. It was said that there is a piece of land endowed for building a mosque, let us build it there. But now there are no residents around the land who would pray in it. The land now must be sold and a substitute bought with its price, land in the new village. It is not the case that the condition of the endower is like the text of the Lawgiver. So here, the correct jurisprudence says it is obligatory to enforce the condition of the endower unless it appears that it contradicts the interest of the Shari'ah. Now, in this example, if the endower conditioned that the book not be taken out, then this condition must be maintained, and the book must not be taken out of the mosque. It is not said that if this book is not taken out of the mosque, people will not benefit from it, because the opposite is also said: taking the book out of the mosque is a means and a way for the book to be lost from the mosque. So if the endower set this condition, it is not permissible to take the book out of the mosque, because the one who wants to take it out wants to read it at home. And if there is no condition, then in that case, it is permissible.

The questioner : Meaning we are in a calamity

The Shaykh : Good

The questioner : Now, many people come with books and leave. How do we know what they conditioned and what they did?

The Shaykh : Correct, but ... .

The questioner : What do we do? We take the first rule

The Shaykh : The principle

The questioner : The condition of the endower is like the text of the Lawgiver

The Shaykh: Yes.

The questioner : ... .

The Shaykh : From

The questioner : Al-Suyuti (may Allah have mercy on him) has a treatise titled *Badhlu al-Majhud fi Isnad al-Mahmul*. They had conditioned that the books not be taken out, so he wrote a treatise refuting this condition, stating that the scholars would die and the books would not be benefited from, so he wrote a treatise refuting this condition and stating that it is obligatory to take them out for the general benefit and general utility, and the like.

The Shaykh : ...

The questioner : Shaykh, may Allah reward you with good, you have put up with how many questions from me, and we need the answer from you.