All praise is due to Allah Alone, and peace and blessings be upon the last Prophet. To commence:The Permanent Committee for Scholarly Research and Ifta' have read the question submitted to his Eminence, the general chairman by the judge of
Court, which is referred to the Committee from the General Secretariat of the Council of Senior Scholars No. (Part No. 16; Page No. 44) 609 in 29 / 1 / 1417 A.H. The text of the question is as follows:Ahmad ibn Muhammad ibn Salih Al-Zahrany tells us that he asked a benefactor to give him a sum of money to build a Masjid Jami` (A large mosque where Jumu`ah [Friday] Prayers are held) in one of the villages. The benefactor paid him this sum of money. It should be noted that this person is a supervisor and not a contractor. Then he asked another benefactor to give him a sum of money to build another Masjid. The second benefactor paid a part of the money but did not pay him the rest. Therefore, the process of building the second Masjid stopped. The supervisor mentions that
he had some money left after building the first Masjid, so he directed the extra money to complete the second Masjid
because the second benefactor did not fulfill his promise to complete the second building and the contractor asked him for his right. This person is asking you to issue a Fatwa concerning the ruling of his action; whether his act is valid or if he is sinful? Should he return the extra money to the first benefactor or what should he do? It is worth mentioning that he is not a contractor and does not have enough money to complete the second Masjid.Could you please enlighten me in this regard so I can tell him about the legal ruling on this issue.
After the Committee had perused the question,
its reply is as follows: Spending the extra money to complete the second Masjid is permissible as long as the first donator did not ask to take back (Part No. 16; Page No. 45) the extra money. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.