Building an Eidgah on Sold Land

Question

Question: If someone sold a piece of land for a fixed period, and then, when the appointed time for its return came, the buyer built an Eidgah (the ground for the Eid prayer) on it, and the seller repeatedly demands that the Eidgah be demolished — is it permissible to do so or not?

Answer

Such a sale is, according to the Shariʿa, governed by the ruling of a pledge (rahn), from which deriving benefit is impermissible; making it a waqf and building an Eidgah or the like on it is likewise not valid — rather, it is necessary to return it to the owner: [ar]وَمِنْ شَرَائِطِهِ الْمِلْكُ وَقْتَ الْوَقْفِ، حَتَّى لَوْ غَصَبَ أَرْضًا فَوَقَفَهَا ثُمَّ مَلَكَهَا لَا…

Source: Fatawa Mahmudiyya

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