Is it valid to designate only the upper floor or only the lower floor of a house as a mosque?

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 1 · Bab 1

Open in Qurani

Primary text

The designation of only the upper floor or only the lower floor of a house as a mosque is valid. This is established by analogy with the permissibility of selling the entire house. Furthermore, this is a disposition that transfers ownership to someone who has the right of permanent establishment and disposition, which is permissible, similar to a sale.

Supporting text

Abu Hanifa holds that it is invalid because the mosque necessitates ownership of its air space (*hawa'uhu*).