If we say that the air is subordinate to the ground and the lower level is subordinate to the upper level, then there are currently mosques where the top is a mosque and the bottom is shops. ?
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The questioner : ...
The Shaykh : Yes, well done, this is a good point of difficulty. He says: If we say that the air is subordinate to the ground and the lower level is subordinate to the upper level, there are currently mosques where the top is a mosque and the bottom is shops. This is the original design of the people for it; they placed these as shops and this as a mosque. Just as there are currently some buildings where the bottom is owned by Zayd, the one above it by 'Amr, and the one above that by Khalid; these exist. But if the land beneath it is not owned by one person, then it belongs to him, because these buildings are according to what their owner has allocated; if he designates this section as a mosque, it becomes a mosque, and if he designates these as residences, they become residences... No, sometimes it is land and sometimes it is a roof... It is not permissible, meaning if this were a mosque like the mosque we are in now, if someone wanted to build something on top of it, we would say: No, it is not permissible.
The Shaykh : Yes, well done, this is a good point of difficulty. He says: If we say that the air is subordinate to the ground and the lower level is subordinate to the upper level, there are currently mosques where the top is a mosque and the bottom is shops. This is the original design of the people for it; they placed these as shops and this as a mosque. Just as there are currently some buildings where the bottom is owned by Zayd, the one above it by 'Amr, and the one above that by Khalid; these exist. But if the land beneath it is not owned by one person, then it belongs to him, because these buildings are according to what their owner has allocated; if he designates this section as a mosque, it becomes a mosque, and if he designates these as residences, they become residences... No, sometimes it is land and sometimes it is a roof... It is not permissible, meaning if this were a mosque like the mosque we are in now, if someone wanted to build something on top of it, we would say: No, it is not permissible.