Financial Right of a Mosque Caretaker: An Overview in the Light of Shariah
Source: Fatawa Ilmiyyah (Tawdih al-Ahkam)
Question
If a mosque caretaker (mutawalli) spends all his wealth on building the mosque, can he take money from mosque funds for his personal needs?
Answer
Praise be to Allah, and peace and blessings be upon the Messenger of Allah.
Prophet ﷺ’s Guidance on Giving Away Wealth in Charity
The first point to note is that the Messenger of Allah ﷺ did not permit giving more than one-third of one’s wealth in charity during a person’s lifetime.
The wisdom behind this was that a person, after giving charity, should not end up having to ask others for help.
In this regard, a narration in Sahih Muslim mentions:
When Sayyiduna Sa’d ibn Abi Waqqas (RA) expressed his desire to bequeath all his wealth in the path of Allah, the Messenger of Allah ﷺ said:
“أَوْصِ بِالثُّلُثِ وَالثُّلُثُ كَثِيرٌ”
“Bequeath one-third, and even one-third is too much.”
(Muslim: 1628)
If the Caretaker Has Spent All His Wealth on the Mosque
If a caretaker has indeed spent his entire wealth on constructing the mosque and is now in need, with no other source of income or livelihood, then the proper course of action is:
❀ He should take up a role in the mosque — for example, cleaning or any other service.
❀ Instead of taking directly from mosque funds on his own:
◈ A committee of mosque attendees should be formed.
◈ The committee should set a salary for his services.
◈ He may then receive that salary from mosque funds in accordance with the set amount.
Taking from Mosque Funds Without Providing Any Service
❀ If a caretaker wishes to benefit financially from the mosque without performing any service after its construction, this does not appear permissible.
❀ A mosque is not a business institution from which personal income is to be derived.
❀ Rather, the mosque is the House of Allah, and its service should be rendered fee sabeelillah — without any worldly greed or benefit.
This is what I hold to be correct, and Allah knows best.
