Ruling on building a mosque for one who bequeathed a third of his wealth to charitable works
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Question:
This is a question from the listener Hasan Ahmad, from Riyadh. He says: My father passed away and bequeathed a third of his wealth to charitable works, such as repairing a water source, air-conditioning a mosque, or lighting it, and the like.
I am currently the executor of this bequest, and I wish to restrict the third of his wealth to land for a mosque to be built upon it. I ask you to inform me of the validity of this action of mine?
May Allah reward you.
Answer:
It is obligatory to purchase a property with the third that will serve as an endowment for charitable works. If the third is substantial, it can be used to purchase a property, a house, a shop, or a good farm that yields income, so that the income is spent on charitable works. This is what is obligatory, so that the endowment is not depleted, but rather the endowment remains continuous.
So you, as the agent, purchase a property with the third, and the income from the property is spent on the maintenance of mosques, on charity for the poor and needy, on being kind to poor relatives, and on the like of these avenues of righteousness. However, if the third is small and it is not feasible to buy a shop, a house, or the like with it, there is no harm in spending it on the maintenance of a mosque so that it is not wasted.
The presenter: Is it not valid if he wants to be rid of this burden by building a mosque on land he purchases from this third?
The Shaykh: It does not appear so. It is better to leave that alone. The closest view to me is that this is not appropriate, because this is contrary to what the bequeather intended. The bequeather intended a property whose income is spent on avenues of righteousness. This is the intention of the bequeather, according to the custom known among those who make bequests. If he had intended a mosque, he would have said: "Put it in a mosque," and that would have been the end of it. Yes.
The presenter: May Allah reward you.
This is a question from the listener Hasan Ahmad, from Riyadh. He says: My father passed away and bequeathed a third of his wealth to charitable works, such as repairing a water source, air-conditioning a mosque, or lighting it, and the like.
I am currently the executor of this bequest, and I wish to restrict the third of his wealth to land for a mosque to be built upon it. I ask you to inform me of the validity of this action of mine?
May Allah reward you.
Answer:
It is obligatory to purchase a property with the third that will serve as an endowment for charitable works. If the third is substantial, it can be used to purchase a property, a house, a shop, or a good farm that yields income, so that the income is spent on charitable works. This is what is obligatory, so that the endowment is not depleted, but rather the endowment remains continuous.
So you, as the agent, purchase a property with the third, and the income from the property is spent on the maintenance of mosques, on charity for the poor and needy, on being kind to poor relatives, and on the like of these avenues of righteousness. However, if the third is small and it is not feasible to buy a shop, a house, or the like with it, there is no harm in spending it on the maintenance of a mosque so that it is not wasted.
The presenter: Is it not valid if he wants to be rid of this burden by building a mosque on land he purchases from this third?
The Shaykh: It does not appear so. It is better to leave that alone. The closest view to me is that this is not appropriate, because this is contrary to what the bequeather intended. The bequeather intended a property whose income is spent on avenues of righteousness. This is the intention of the bequeather, according to the custom known among those who make bequests. If he had intended a mosque, he would have said: "Put it in a mosque," and that would have been the end of it. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.