Selling a Plot of Land Endowed for a Mosque

Question

Since the neighbourhood mosque had no source of income, a benefactor endowed a plot of land in the name of the mosque, for the mosque’s sake, to build shops on. Meanwhile another benefactor bought another plot of land, built five shops on it and endowed them in the name of the same mosque. Now the mosque has become quite self-sufficient. Now the mosque’s mutawalli (trustee) wishes to sell the first plot and use its price in the educational fund of the madrasa of this same mosque.

Answer

The plot of land that was endowed for the mosque for building shops may not be sold and its money spent on the educational work of the madrasa, even if that madrasa belongs to this same mosque. [ar]فَإِذَا تَمَّ وَلَزِمَ لَا يُمْلَكُ وَلَا يُمَلَّكُ وَلَا يُعَارُ وَلَا يُرْهَنُ[/ar] “When it (the waqf)

Source: Fatawa Mahmudiyya

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