Constructing over Masjids

Constructing over Masjids Fatwa no. 5173 All praise be to Allah Alone, and peace and blessings be upon the Messenger of Allah, his family and Companions. I have read the question sent by his Excellence, the (Part No. 6; Page No. 244) minister of Hajj and Endowments to his Eminence the chairman. This question no. 2100 was sent in 11/5/1402 A.H. One of the citizens who is called `Abdullah Salih sent us a letter dated 4/20/1402 A.H. Where he said that there is a Masjid called Al-Ikha' Al-Islamy in Jeddah, south of Bin Ladin's shops. There is a house above that Masjid. What is the ruling on living in a house above a Masjid (mosque)?

The answer is as follows: If a Masjid was built independently, then all what is above the Masjid is supplementary to it and has the same ruling as the Masjid. Therefore, it is not permissible to build a house on it.But if the house was built first, then a Masjid was made after that such as if the first floor of a building is dedicated to be a Masjid, then there is no blame to keep the other floors as they are. Therefore, what is above the Masjid in this case is not supplementary to it.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.