Building Shops and the Like for the Mosque’s Needs on Unowned Land near the Mosque

Question

The Khamran mosque is hundreds of years old. A well adjoining the mosque is called the mosque’s well, but it was outside the mosque. Later a benefactor had a well made for the mosque inside the mosque, and the well outside the mosque fell into disuse. Then, with the agreement of ninety per cent of the neighbourhood, the well was filled in and the mosque’s urinals and several shops were built. Is this construction permissible for the mosque or not?

Answer

Near a mosque some space used to be left empty for the general needs (masalih) of the mosque; the situation of this place appears to be the same, especially since no one even claims ownership of it. So in such a situation, building shops and the like on this place for the needs of the mosque by unanimous opinion was correct according to the Shariʿa.

Source: Fatawa Mahmudiyya

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