Cultivating the Vacant Land of a Graveyard and Giving Its Income to a Mosque

Question

Several people together gave some land in the name of the graveyard. Now in part of this land there are graves, and part of it is vacant. Can the vacant part be ploughed and its produce applied to the mosque or not, given that those who gave the land in the name of the graveyard are agreeable to this?

Answer

If, when giving the land for the graveyard, they had said that the produce of its vacant land should be given to the mosque, then there would have been permission; but at that time they did not do so, and now there is no permission — rather, its produce should be spent on the graveyard itself.

Source: Fatawa Mahmudiyya

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