Incorporating Part of a Road into the Mosque

Question

The mosque is cramped for space. Behind the mosque lies a public road. If the mosque were extended somewhat, no one would be inconvenienced; all the worshippers agree to it, but one person has put some earth there and taken possession of it, and he is opposed. In this situation, if the mosque is extended, will prayer in it be valid or not?

Answer

If that road is not anyone’s property but is for the general public to walk on, and the mosque is cramped and needs to be extended, and this extension will cause no narrowness or hardship to passers-by and will block no one’s way, then the mosque should be extended to the extent of need.

Source: Fatawa Mahmudiyya

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