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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A group of people gathered funds and built a mosque exclusively for the brothers. After they had established it, with the roof and what follows it remaining, the government threatened them that if they completed it, they would demolish it. So the question is:

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The questioner : If you would allow me, briefly, one of the brothers is asking regarding the matter in Egypt. They gathered money and built a mosque for themselves, exclusively for the brothers. So after they had established it, with the roof and what follows it remaining, he says the government threatened them that if they completed the building entirely, and now he is asking what they should do. Should they stop for a period, even if it is long? And secondly, is it permissible for the one who donated the land to reclaim it for himself and complete the construction of an apartment for himself and his children?

The Shaykh : It seems the question includes two things, yes.

The questioner : That is correct.

The Shaykh : One of the things is a mosque without a roof.

The questioner: Yes.

The Shaykh : Okay, and the state is threatening that if they roof it, they will demolish it.

The questioner: Yes.

The Shaykh : If they are told, "Don't roof it," what does that mean? Don't roof it.

The questioner : But the understanding is that...

Another questioner : Prayer is being prevented.

The questioner : Prayer is being prevented... Was this the understanding of the question?

The Shaykh : I did not understand it that way, if this is the understanding and this is what was intended by the speech.

The questioner: Yes.

The Shaykh : In that case, the question should be that either they roof it so that we can pray, or it will be demolished, because if they roof it, the state will demolish it.

The questioner: Yes.

The Shaykh : So the practical result is that this ceases to be a mosque.

The questioner: Yes.

The Shaykh : Okay, after this, the second part of the question comes...

The questioner: Yes.

The Shaykh : Which is: Is it permissible for the one who endowed this land to convert this land, which was endowed as a mosque due to this government threat, into a house for himself? I say: If the mentioned threat is first, in terms of transmission, correct, and I say this as a precaution, fearing that this claim is a pretext for the benefit of the landowner who regretted this endowment and now wants to invest his land under the pretext of what? That the state is threatening. So first: If this threat is correct in terms of transmission, and secondly: If the threat issued by the state is a threat that is likely to be carried out, actually likely to be carried out, then we have two conditions here. The first condition: The transmission must be correct. And the second condition: The threat must be an effective threat, not just talk, meaning not in the category of preventing Muslims from establishing prayer in this place. If these two conditions are met, I say it is permissible at that time to convert this land from land for a mosque to land for residence, but with two conditions.

The questioner : Praise be to Allah.

The Shaykh : May Allah have mercy on you.

The questioner : May Allah guide you and rectify your affairs.

The Shaykh : The first condition: That he compensate for this land, in place of this land, with another land for him or its value. For example, if its value is, let us suppose, 10,000 dinars, he pays 10,000 dinars to buy another land with that value or more. This is gathered from the Muslims. This is the first thing, the thing...
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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