Explanation of the Book of Prayer and Its Times-07a
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The reciter: Yahya ibn Bukayr narrated to us, saying: Al-Layth narrated to us from 'Aqil from Ibn Shihab, saying: 'Urwah ibn al-Zubayr informed me that Aisha, the wife of the Prophet (peace and blessings be upon him), said: Sahih al-Bukhari 476.
The Shaykh : This chapter heading indicates that it is permissible to build a mosque in the road, but on the condition that it does not harm the passersby. If it harms them, it is prohibited, because their right precedes it. Thus, this mosque would be an encumbrance upon them, and the one who built it cannot be allowed to harm the Muslims. Then the author (may Allah have mercy on him) cited as evidence what Abu Bakr did when he built a mosque in the courtyard of his house. The courtyard of a house is outside of it, and this necessarily means it is in the road. However, as he (may Allah have mercy on him) specified, it must not cause harm to the people.
I had seen my parents following Islam since I attained the age of intelligence. Not a day passed but the Prophet (ﷺ) visited us, both in the mornings and evenings. My father Abu Bakr thought of building a mosque in the courtyard of his house and he did so. He used to pray and recite the Qur'an in it. The pagan women and their children used to stand by him and look at him with surprise. Abu Bakr was a soft-hearted person and could not help weeping while reciting the Qur'an. The chiefs of the Quraish pagans became afraid of that (i.e. that their children and women might be affected by the recitation of Qur'an).
لم أعقل أبوي إلا وهما يدينان الدين ولم يمر علينا يوم إلا يأتينا فيه رسول الله صلى الله عليه وسلم طرفي النهار بكرة وعشية، ثم بدا لأبي بكر فابتنى مسجدا بفناء داره فكان يصلي فيه ويقرأ القرآن فيقف عليه نساء المشركين وأبناؤهم يعجبون منه وينظرون إليه، وكان أبو بكر رجلا بكاء لا يملك عينيه إذا قرأ القرآن فأفزع ذلك أشراف قريش من المشركينThe Shaykh : This chapter heading indicates that it is permissible to build a mosque in the road, but on the condition that it does not harm the passersby. If it harms them, it is prohibited, because their right precedes it. Thus, this mosque would be an encumbrance upon them, and the one who built it cannot be allowed to harm the Muslims. Then the author (may Allah have mercy on him) cited as evidence what Abu Bakr did when he built a mosque in the courtyard of his house. The courtyard of a house is outside of it, and this necessarily means it is in the road. However, as he (may Allah have mercy on him) specified, it must not cause harm to the people.