Continuation of the Shaykh’s detailing of the conditions that permit the reclamation of land that the endower endowed to be a mosque.
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The Shaykh : This land is from the land of the 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 first condition is that he compensates for this land by providing another piece of land in its place, or its value. For example, if its value is ten thousand dinars, he pays ten thousand dinars to purchase another piece of land of that value or more, gathered from the Muslims. This is the first thing. The second thing is if the foundation of the building’s base was not from his pocket, as is assumed, but from the Muslims, then he must also pay the value of this, because the land came out of his ownership, and the foundation and the pillars that were raised were not from his money. Therefore, he must pay the price of the land plus the price of the foundation and the pillars that were raised. With these two conditions, it is permissible to convert this place into a house for the owner of the land who donated it. So, Abu Mu'adh.
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 first condition is that he compensates for this land by providing another piece of land in its place, or its value. For example, if its value is ten thousand dinars, he pays ten thousand dinars to purchase another piece of land of that value or more, gathered from the Muslims. This is the first thing. The second thing is if the foundation of the building’s base was not from his pocket, as is assumed, but from the Muslims, then he must also pay the value of this, because the land came out of his ownership, and the foundation and the pillars that were raised were not from his money. Therefore, he must pay the price of the land plus the price of the foundation and the pillars that were raised. With these two conditions, it is permissible to convert this place into a house for the owner of the land who donated it. So, Abu Mu'adh.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
