Selling land endowed for a mosque and putting the proceeds into a madrasa

Question

Question: Since the neighbourhood mosque had no source of income, a benefactor endowed, in the name of the mosque, a plot of land for building shops, for the purpose of the mosque’s income. Meanwhile another benefactor bought another plot of land, built five shops on it and endowed them in the name of the said mosque. Now the mosque has become more than self-sufficient. Now the mosque’s mutawalli (trustee of the waqf)

Answer

It is not permitted to sell the plot of land that was endowed for the mosque for building shops and to spend its money on the educational work of the madrasa, even if that madrasa is attached to this same mosque: [ar]فإذا تم ولزم لا يملك ولا يملك ولا يعار ولا يرهن[/ar] “Once it (the waqf) is complete and binding, it is not owned, cannot be made owned, is not lent (‘ariyya)

Source: Fatawa Mahmudiyya

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