Exchanging land endowed in the name of a mosque for other land
Question
Question: A piece of land is a waqf in the name of a mosque; it lies apart from the mosque, at some distance. There is no way for the mosque to benefit from it, because it lies within the inhabited area and is moreover enclosed by houses. A certain gentleman needs this land to build a house, and he is giving the mosque in exchange agricultural land that is twice its size; this will also increase the mosque’s income. Is this exchange permissible in the Shari‘a or not? And is taking the extra land not usury (riba)?
Answer
If there is no way for the mosque to obtain benefit from this land, then exchanging it and acquiring beneficial land for the mosque is valid. There is no usury (riba) because of this land being larger.
Source: Fatawa Mahmudiyya
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