The property and belongings of a mosque that has become deserted; deliberately laying a mosque waste

Question

The mutawalli (trustee of the waqf) of one of our disused mosques sold its immovable property to the mutawallis of another mosque. After some time the people of the neighbourhood revived this mosque, and now its mutawallis are other people. For the needs of the worshippers they built a water tank, a bathing room, a urinal and so on — partly on the mosque’s land and partly on that land of the mosque which the first mutawalli had sold to the mutawallis of the other mosque.

Answer

The basic principle is that when anything becomes waqf in accordance with the rules of the Shari‘a, its sale is impermissible. Land that has been made a mosque in the Shar‘i sense may not be sold under any circumstances: it has become waqf and a mosque for ever and ever.

Source: Fatawa Mahmudiyya

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