Land given for a mosque and construction begun: may the giver take it back and give other land instead

Question

Zayd gave permission for a mosque to be built on land he owns, and construction began. But Zayd’s relatives and kin advised him: do not give this land, it is not advisable. Zayd liked this advice and told the builders: vacate this land and take another place in exchange for it. The builders, however, say that Zayd should receive its price; but the aforementioned land is situated in such a location of Zayd’s that the builders cannot pay him its proper price.

Answer

If Zayd gave permission for a mosque to be built on land he owns, removed his proprietary possession, and construction of the mosque has already begun, then Zayd can no longer take it back. However, in the right of trusteeship (tawliya) Zayd takes precedence over everyone.

Source: Fatawa Mahmudiyya

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