Using land bequeathed for building a mosque for another purpose

Question

Question: Zayd died having made a bequest (wasiyya) that his land be made a mosque. Now the people of the village consider another place suitable for the mosque. On this bequeathed land there is nothing at all — no foundation or the like. Is an exchange permissible?

Answer

There is no right to exchange land that has been given for building a mosque for other land. For an exchange, it is not sufficient that the people of the village consider another place more suitable for the mosque. If a mosque cannot be built on the bequeathed land, or there is some Shar‘i impediment, then write it out in detail and ask.

Source: Fatawa Mahmudiyya

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