A Water Spout on Another’s Place, and Alterations to the Mosque Wall That Expose Someone’s Home

Question

Zayd bought two plots of land from the landowners, whose boundary reached the western and southern walls of the mosque. One plot, on the western side, lay vacant, while on part of the second plot, on the southern side, the landowner had built his residential house, lying lengthwise from west to east. After buying, Zayd, in order to take possession of his entire land, built his own wall on both sides up to the mosque and gave it the form of an enclosure and a house.

Answer

Zayd has full authority to build a house, a courtyard and everything else on his land. However, if the owner had left some passage adjoining the mosque for the mosque’s needs, or had granted a right to discharge water, which was not sold to Zayd, then it is not right for Zayd to do away with that passage, or to do away with the place of water discharge and shift it to another…

Source: Fatawa Mahmudiyya

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