Turning a House into a Mosque

Question

Zayd has his own personal house. He had a written deed of acknowledgement drawn up before the court, gave it to the Muslims of the small town at large, and said: “From this time forth, forever, everyone in general has the right to perform the five daily prayers in congregation inside my house. My wife and I, as long as we live, will live in this corner of the house, and the rest of the house will be the right of all the Muslims.

Answer

If Zayd, while in health, made this house a mosque, also separated its access path, removed his ownership control from it, and gave permission to the Muslims at large, and they regularly began holding the adhan and congregation in it, then according to the Shari‘a it has become a mosque, and now neither Zayd’s wife nor anyone else has any right over it; whoever makes a claim —…

Source: Fatawa Mahmudiyya

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