Selling Mosque Land in Expectation of Greater Income

Question

Is it permissible or not to sell land endowed for the expenses of a mosque and, with its price, to have a house, shop or the like built elsewhere, likewise for the expenses of that same mosque, from which a greater income is expected than the income of the said sold land? Also, if in a house, school or the like built on the said sold land someone at any time whatsoever commits some un-Islamic act, will the present administrators and the seller be held accountable or not?

Answer

Sale of land that has been endowed for the expenses of a mosque is impermissible; it is not permitted to sell it in order to buy land with greater income than it. [ar]فَإِذَا تَمَّ (أَيِ الْوَقْفُ) وَلَزِمَ لَا يُمْلَكُ وَلَا يُمَلَّكُ، أَيْ لَا يَقْبَلُ التَّمْلِيكَ لِغَيْرِهِ بِالْبَيْعِ وَنَحْوِهِ، لِاسْتِحَالَةِ تَمْلِيكِ الْخَارِجِ عَنْ مِلْكِهِ[/ar] “When it (i.e.

Source: Fatawa Mahmudiyya

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