Taking a neighbour’s land to expand the mosque

Question

On the south side there is a house and on the north side a mosque; the door of the mosque is on the east side. Between the house and the mosque lies vacant land of 240 cubits. The man whose house is on the south also has his courtyard on this side; this householder wants to build a house. And one person, leaving six cubits, bought that land for the mosque and left it so, which he acknowledges. Is it now permissible or impermissible to give it to someone to build a house?

Answer

If this person bought it and made it waqf for the mosque, then it is the land of the mosque, and giving it to any other person for a house — free of charge or for a price — is not permissible. [ar]الْوَقْفُ إِذَا تَمَّ وَلَزِمَ لَا يُمْلَكُ وَلَا يُمَلَّكُ[/ar] “A waqf, once it is complete and binding, is neither owned nor made the property of anyone” (al-Durr al-Mukhtar, vol.

Source: Fatawa Mahmudiyya

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