What is the ruling on placing an object (such as wood) into the wall of a mosque when both stipulated conditions are met?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 1 · Bab 1

Open in Qurani

Primary text

There are two narrations from Ahmad regarding placing an object in the mosque wall when the two conditions are met. The first narration permits the action because if it is permissible in the property of a neighbor, whose rights are based on stinginess and restriction, then it is more appropriate in the rights of God Almighty, which are based on leniency and ease. The second narration prohibits it, as narrated by Abu Talib, because analogy dictates prohibition concerning everyone, but it was abandoned concerning the neighbor due to the specific report concerning him. Therefore, the ruling must remain on what analogy dictates concerning others. This latter view is the chosen opinion of Abu Bakr.

Supporting text

Abu Al-Khattab derived from the second narration a basis for prohibiting the placement of wood in a neighbor's property. He argued that if placement is prohibited in the wall shared by Muslims, where the placer has a right, then prohibition is more incumbent regarding property exclusively belonging to another. Furthermore, if prohibition applies in the right of God Almighty despite its basis in leniency, due to God's richness and generosity, then prohibition is more incumbent in the right of a human being, who is characterized by stinginess and restriction.