Is it permissible to raise the floor of an existing mosque and place a water trough (siqayah) and shops beneath it when some residents object?

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 1 · Bab 1

Open in Qurani

Primary text

The ruling depends upon the majority opinion of the residents. Ibn Hamid interprets this situation as applying to a mosque intended for initial construction, where calling it a mosque beforehand is figurative, as its ultimate purpose is a mosque. Once established as a mosque, it is impermissible to convert the space beneath it into a water trough or shops. The fundamental principle is that an established mosque cannot be moved, substituted, or its courtyard sold for conversion into a water trough or shops, except when its use is impossible and there is a pressing need, provided that doing so does not nullify the benefit of the mosque itself. If converting the space beneath the mosque were permissible for such a need, it would logically permit demolishing the entire mosque and building a new one elsewhere while converting the original site into a water trough and shops.

Supporting text

Al-Qadi adopts the literal meaning of the text, holding that if the structure was already a mosque, raising it and placing a water trough underneath is permissible due to the residents' need for the water trough.