(Part No. 11; Page No. 278)
All praise is due to Allah Alone. May peace and blessings be upon the Last Prophet.The Permanent Committee for Scholarly Research and Ifta' has read what was sent to the Grand Mufty from the Assistant Chief of
Courts no. 2/1457, dated 4/8/1416 A.H., which was referred to the Committee from the Secretariat General of the Council of Senior Scholars no. 3876, dated 8/8/1416 A.H. The questioner asked:I would like to inform you that
Salih ibn Hamad ibn `Abdul-Muhsin Al-Tuijry
presented a request to me to establish a mosque and a dwelling for the Imam (the one who leads congregational Prayer) and the Mu'adhin (caller to Prayer) in
from the funds assigned for the will of his father. Find attached a copy of the will. His father mentioned in his will: "I bequeath a third of my property for the establishment of one or more Masjids (mosques), etc..." However, this raises a problem whether it is permissible to build dwellings for the Imam and the Mu'adhin, which was not mentioned in the will, yet it has become necessary. Must we be limited by the will? I should mention that the location of the mosque is suitable and in need of a mosque, and the land designated for the mosque is sufficient for the mosque and the dwellings of the Imam and the Mu'adhin. Moreover, the owner of the land stipulated that in order to build a mosque, it must include two houses for the Imam and the Mu'adhin. (Part No. 11; Page No. 279) I hope you will read this and inform us, may Allah safeguard and protect you.
After studying the Fatwa request, the Committee answers that there is no objection on
building dwellings for the Imam and the Mu'adhin from the will of the man who bequeathed funds to build a mosque or a number of mosques from a third of his property. This is because the residence of the Imam and the Mu'adhin is among the necessary facilities of the Masjid.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.