Changing the condition of Waqf from building a Masjid to serving a Masjid

(Part No. 16; Page No. 63)  Fatwa no. 15214 All praise be to Allah Alone, and peace and blessings be upon His Messenger, and his family, and Companions.The Permanent Committee for Scholarly Research and Ifta' reviewed the request submitted to His Eminence the President of the Committee from His Excellence the Head of Shari`ah Courts in Makkah Al-Mukarramah, which was referred to the Committee by the General Secretariat of the Council of Senior Scholars, Number (5343) in 16/10/1412 AH. The request was about the Waqf (endowment) of Musfir Al-Ghamidy, demanding to change its condition from being dedicated to establish a Masjid (mosque) to being dedicated for the benefit of the Masjid. The request was referred back to His Excellence the Head of Shari`ah Courts in Makkah Al-Mukarramah in a letter Number (3333) sent in 6/12/1411 AH to form a committee composed of representatives of the court, Endowment Department, the Committee for the Propagation of Virtue and the Prevention of Vice, and the Islamic Awareness in Hajj. The committee was to be responsible for inspecting the land, showing the distance separating it from the adjacent Masjid, and presenting a report about the land regarding the need of establishing a Masjid on it. The reply was sent in a letter Number (3/934/63) in 23/2/1412 AH, with an attached report of the committee responsible for inspecting (Part No. 16; Page No. 64) the Masjid. The following is the wording of the letter: On Monday 22/3/1412 AH, and in response to the letter of His Eminence Shaykh `Abdul-`Aziz ibn `Abdullah ibn Baz, the President of the Departments of Scholarly Research and Ifta', Number (2/333) dated 6/12/1411 AH requesting the inspection of the land endowed by Musfir Al-Ghamidy to establish a Masjid on it, which is located in the mountain pass of `Amir, Khandamah Mountain (Sudan Mountain), to decide on the need of establishing a Masjid on it, show the distance between it and the nearby Masjid, and prepare a report on this, we - the undersigned - the representatives of the Grand Court of Makkah Al-Mukarramah, the Committee for the Propagation of Virtue and the Prevention of Vice, the Islamic Awareness in Hajj, and the Endowment Department, inspected the specified land and found the following:1. There is no need to establish a Masjid on the land of Musfir Al-Ghamidy, which he dedicated as Waqf according to the document issued by the Court of Makkah, Number (3/31) in 22/1/1408 AH. This is because there is the Masjid of Al-Sa'igh at a distance of one street, five meters in width, away from the land.2. The Masjid close to the specified land was inspected and it was found that (Part No. 16; Page No. 65) it is a fully equipped Masjid with a Musalla (a place for Prayer), bathrooms, and a furnished room.Peace and blessings be upon our master Muhammad, and his family, and Companions!

After studying the matter, the Committee answered: The owner of the land should sell it and use the money for maintaining another Masjid that needs maintenance, because the land is no longer one of his properties after being dedicated as Waqf. May Allah accept his deeds and double his rewards! May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.