Including Part of the Mosque in the Building When Rebuilding It

Question

The bazaar mosque of our town is an old building and has become badly dilapidated. It is feared that, God forbid, a sudden accident may happen at any time, and it is quite possible that this place will not remain a place of worship even in name. May Allah protect us from that. The mosque is two-storeyed: the upper building is reserved for the five daily congregational prayers, and beneath it, over an area of about 19 feet, there are shops.

Answer

A place that is made a waqf for prayer, in which general permission to pray is given, and over which no one retains possession as an owner, is called a mosque. Its ruling is that the lower and the upper parts all belong to the mosque; no other disposal of it is permissible. If the waqif (endower)

Source: Fatawa Mahmudiyya

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