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Resolutions of Iftaa' Board

Resolution No.(313): "Ruling on Using the Land Endowed for a Masjid for another Purpose"

Date Added : 05-07-2022

Resolution No.(313) ,(10/2022):

"Ruling on Using the Land Endowed for a Masjid for another Purpose" 

Date (2 of Thilgidah, 1443 AH), corresponding to (2/6/2022 AD).

 

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

In its 8th meeting held on the above date, the Board of Iftaa` reviewed the letter sent from His Excellency, the Minister of Awqaf, Holy Sites and Islamic Affairs Dr. Mohammad Al-Khalayleh. It read as follows:

We would like your Grace to clarify the ruling on burying someone in the yard of a Masjid that was built on the piece of land No.(6012), area No.(75), Naqib Ad-Daboor of Salt lands. The children of (H.M.K) dug a grave in the Masjid`s yard, owned originally by Montaha Hiari, and buried him there on 22nd of April, 2022.

After thorough deliberations, the Board decided what follows:

It isn`t permissible to use the land originally endowed as a Masjid for a purpose other than that for which it was endowed in the first place. In principle, an endowment can`t be sold, given as a present or inherited. Rather, it should be used for what it was endowed in the first place. Ibn Umar (May Allah Be Pleased with them): Umar bin Khattab got some land in Khaibar and he went to the Prophet (PBUH) to consult him about it saying: "O Allah's Messenger (PBUH) I got some land in Khaibar better than which I have never had, what do you suggest that I do with it?" The Prophet (PBUH) said: "If you like you can give the land as endowment and give its fruits in charity." So `Umar gave it in charity as an endowment on the condition that it would not be sold nor given to anybody as a present and not to be inherited, but its yield would be given in charity to the poor people, to the Kith and kin, for freeing slaves, for Allah's Cause, to the travelers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need with good intention, and fed others without storing it for the future." {Agreed upon}.

Jurists stated that the condition of the donor is considered and it isn`t permissible to violate it. Imam Al-Shirbini, a Shafie, stated: "In principle the conditions of the donor are considered as long as they don`t violate the purpose for which the endowment was endowed in the first place." {Moghni Al-Mohtaj, Vol.3: Page 540}.

The Masjid as well as all its facilities and spaces should be used only for the benefit of the Masjid itself and burying dead in its yards violates this purpose. Consequently, it isn`t permissible to bury the dead in the land endowed for a Masjid since doing so is a violation and usurpation of the endowment itself. However, if a dead person is buried there then the body must be removed to a public cemetery to preserve the purpose for which the land was endowed in the first place. And Allah The Almighty Knows Best.

 

 

Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh

Prof. Mahmoud Al-Sartawi/ Member

Prof. Amjad Rasheed/ Member

Prof. Adam Nooah Al-Qhodah/ Member

Dr. Jameel Khatatbeh/ Member

Judge Dr. Samer Al-Kobbaj/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad al-Zou`bi/ Member

 

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Summarized Fatawaa

What is the ruling on using snuff, inhaled vapor, or menthol rub (Vicks) during the day in Ramadan?

Using snuff, inhaled vapor, or menthol rub (Vicks) invalidates the fast because these substances enter the lungs through inhalation, and the lungs are considered part of the body cavity (jauf).
Whoever uses them must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day after Ramadan.
However, if it is merely a scent and none of its substance reaches the body cavity, it does not break the fast.

Is it permissible to include others in the reward of one`s sacrifice?

 

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for the person offering an Udhiyah (sacrificial offering) to include others in the spiritual reward of the sacrifice. However, it is not permissible for multiple people to jointly share the purchase price of a single sheep or goat, unless one person gifts the money to the other.
 
It is stated in Mughni al-Muhtaj (6/137) by Al-Khatib al-Shirbini:
 
"If a person includes someone else in the reward of his sacrifice and slaughters it on his own behalf, it is permissible."
 
It should be carefully noted that including someone else in the reward of one's sacrifice is completely distinct from offering a sacrifice on behalf of someone else. And Allah the Almighty Knows Best.

What is the ruling on omitting the prostration of recitation?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The prostration of recitation (Sajdat al-Tilawah) is a Sunnah for both the reader and the listener. There is no sin in omitting it, though doing so results in missing a great reward. Muslim narrated from Abu Hurairah (may Allah be pleased with him) that the Prophet ﷺ said: 'When the son of Adam recites a verse of prostration and prostrates, Shaytan withdraws weeping, saying: "Woe to him! (and in the narration of Abu Kuraib: "Woe to me!") The son of Adam was commanded to prostrate and he prostrated, so Paradise is his; and I was commanded to prostrate and I refused, so the Fire is mine."'
 
Sheikh al-Islam Imam al-Nawawi (may Allah have mercy on him) stated: 'It is recommended to prostrate immediately after reciting or hearing a verse of prostration. If one delays it but the interval is short, he may still prostrate. However, if the interval is long, the opportunity is missed.' [Rawdat al-Talibin Vol.1/P.323].
 
Furthermore, the prostration of recitation becomes obligatory (Wajib) in congregational prayer if the Imam prostrates, out of the necessity of following him. And Allah the Exalted knows best.

What is the ruling on performing the Istikhara prayer after the Witr paryer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Istikhara prayer (Prayer for seeking guidance) is a Sunnah. It consists of two units (rak’ahs) performed outside of the obligatory prayers, after which the person supplicates with the traditionally narrated du’a. It is permissible to perform it before or after the Witr prayer, as the Istikhara prayer is recommended at all times except during the disliked times—the periods in which prayer is prohibited. This is because its specific reason (the Istikhara and supplication) occurs after the prayer itself, and any prayer with a subsequent reason is not permitted during the prohibited times. It should be noted that the two rak’ahs of Istikhara are not fulfilled by performing only one rak’ah, nor by a prostration of recitation (Sajdat al-Tilawah), nor by a funeral prayer (Janazah). And Allah the Exalted knows best.

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