May Mosque Money Be Spent on a Moon-Sighting Committee?

Question

In the city of Gorakhpur a moon-sighting committee was set up on behalf of the Jami‘ mosque committee. Some money was spent in this connection, and this money was spent from the funds of the aforementioned Jami‘ mosque. The question is only whether, according to the Shari‘a, the mosque’s money may be spent in connection with moon-sighting or not — given that the waqf deed states explicitly that the income of this endowed property or of the vows (nadhr) is to be spent in the interest of the worshippers?

Answer

Moon-sighting is not specifically connected with this mosque; therefore it is not allowed to spend this mosque’s waqf money on it, [ar]لِأَنَّ شَرْطَ الْوَاقِفِ كَنَصِّ الشَّارِعِ[/ar] “because the stipulation of the waqif (endower) is like the text of the Lawgiver.”

Source: Fatawa Mahmudiyya

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