Building a Shop for Rent in Place of the Ablution Pool

Question

There is a small mosque here, which also has a pool for ablution. This mosque has no income at all; the mutawalli (trustee) bears all the expenses from his own pocket. Now he intends to install taps in place of the pool and, doing away with the pool, to put up a building, so that even after the mutawalli the mosque's needs continue to be met from its rent and no difficulty arises. Does the mutawalli have this right under the Shari‘a or not?

Answer

If the worshippers will not be inconvenienced in performing ablution, and the purpose served by the pool is conveniently achieved with taps, and moreover putting up the building will not obstruct the mosque's air and light, then, in view of the mosque's interest, doing so with the counsel of the sensible people of that place is correct.

Source: Fatawa Mahmudiyya

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