What is the ruling on a person who built a mosque on his land, then an official mosque was built around it and the people went to the second one? Is it permissible for him to benefit from that land or not?
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The questioner : His EminenceThe Shaykh : A person built a mosque on land that he owned, and he and his neighbors began praying in it. Then an official mosque was built. Is it permissible for him to benefit from the land of the mosque, given that it is not an endowment (waqf) nor a vow?
The Shaykh : Yes, if a person sets up a prayer place (musalla) in his farm where he and those around him pray, but he did not consider it a mosque; rather, it is a musalla where they gather. Then an official mosque was built around it, so they join the mosque that was built, and this one becomes an annex to the farm.
The questioner : And if it was a mosque?
The Shaykh : You said he did not make it a mosque; it is a musalla where they just pray. This is like if a person sets up a room in his house to be a musalla, not a mosque.
The questioner : It is a mosque, but when an official mosque was built around it.
The Shaykh : If these people made it a mosque in the sense that they opened its doors to the people.
The questioner : Yes, I do.
The Shaykh : Everyone who comes prays, and the five daily prayers are established in it. So, if the mosque is moved from this place to another place, this new one is sold, do you understand? And its value is put into another mosque.
The questioner : Meaning, it is not permissible to benefit from it, the same person?
The Shaykh : He does not benefit from it. You told us it is a mosque. If a person endows a mosque, is it permissible for him to return to it?
The questioner : But he said it is not an endowment nor a vow.
The Shaykh : He said, and you say, if it is, let him come... and ask, so that I can inquire further from him.
The questioner : May Allah reward you with good.
The Shaykh : Yes, if a person sets up a prayer place (musalla) in his farm where he and those around him pray, but he did not consider it a mosque; rather, it is a musalla where they gather. Then an official mosque was built around it, so they join the mosque that was built, and this one becomes an annex to the farm.
The questioner : And if it was a mosque?
The Shaykh : You said he did not make it a mosque; it is a musalla where they just pray. This is like if a person sets up a room in his house to be a musalla, not a mosque.
The questioner : It is a mosque, but when an official mosque was built around it.
The Shaykh : If these people made it a mosque in the sense that they opened its doors to the people.
The questioner : Yes, I do.
The Shaykh : Everyone who comes prays, and the five daily prayers are established in it. So, if the mosque is moved from this place to another place, this new one is sold, do you understand? And its value is put into another mosque.
The questioner : Meaning, it is not permissible to benefit from it, the same person?
The Shaykh : He does not benefit from it. You told us it is a mosque. If a person endows a mosque, is it permissible for him to return to it?
The questioner : But he said it is not an endowment nor a vow.
The Shaykh : He said, and you say, if it is, let him come... and ask, so that I can inquire further from him.
The questioner : May Allah reward you with good.