Giving a Contribution to a Madrasa from the Mosque’s Income

Question

Here, in the building of a mosque, a madrasa of this neighbourhood has been established, whose expenses the people of the neighbourhood and the administrators of the madrasa meet every year by collecting donations of one and a half to two thousand rupees. The income of the said neighbourhood mosque — approximately nine to ten thousand rupees — is deposited in the bank; it is surplus to the present and expected future needs of the mosque.

Answer

If no head (of expenditure) has been fixed in the mosque’s endowments for running a madrasa, and those endowments are solely for the needs (masalih) of the mosque, then there is no permission to spend their income on the madrasa, [ar]لأن شرط الواقف كنص الشارع، كذا في كتب الفقه[/ar] “because the stipulation of the waqif is like the text of the Lawgiver; so it is in the books of…

Source: Fatawa Mahmudiyya

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