Hadith 476

وَبِهِ قَالَ الْحَسَنُ ، وَأَيُّوبُ وَمَالِكٌ .
And Imam Hasan (al-Basri), Ayyub, and Imam Malik (may Allah have mercy on them) have also said the same.
حَدَّثَنَا يَحْيَى بْنُ بُكَيْرٍ ، قَالَ : حَدَّثَنَا اللَّيْثُ ، عَنْ عُقَيْلٍ ، عَنِ ابْنِ شِهَابٍ ، قَالَ : أَخْبَرَنِي عُرْوَةُ بْنُ الزُّبَيْرِ ، أَنَّ عَائِشَةَ زَوْجَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَتْ : " لَمْ أَعْقِلْ أَبَوَيَّ إِلَّا وَهُمَا يَدِينَانِ الدِّينَ ، وَلَمْ يَمُرَّ عَلَيْنَا يَوْمٌ إِلَّا يَأْتِينَا فِيهِ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ طَرَفَيِ النَّهَارِ بُكْرَةً وَعَشِيَّةً ، ثُمَّ بَدَا لِأَبِي بَكْرٍ فَابْتَنَى مَسْجِدًا بِفِنَاءِ دَارِهِ ، فَكَانَ يُصَلِّي فِيهِ وَيَقْرَأُ الْقُرْآنَ ، فَيَقِفُ عَلَيْهِ نِسَاءُ الْمُشْرِكِينَ وَأَبْنَاؤُهُمْ يَعْجَبُونَ مِنْهُ وَيَنْظُرُونَ إِلَيْهِ ، وَكَانَ أَبُو بَكْرٍ رَجُلًا بَكَّاءً لَا يَمْلِكُ عَيْنَيْهِ إِذَا قَرَأَ الْقُرْآنَ ، فَأَفْزَعَ ذَلِكَ أَشْرَافَ قُرَيْشٍ مِنَ الْمُشْرِكِينَ " .
Narrated `Aisha: (the wife of the Prophet) I had seen my parents following Islam since I attained the age of puberty. Not a day passed but the Prophet visited us, both in the mornings and evenings. My father Abu Bakr thought of building a mosque in the courtyard of his house and he did so. He used to pray and recite the Qur'an in it. The pagan women and their children used to stand by him and look at him with surprise. Abu Bakr was a Softhearted person and could not help weeping while reciting the Qur'an. The chiefs of the Quraish pagans became afraid of that (i.e. that their children and women might be affected by the recitation of Qur'an).
Hadith Reference صحيح البخاري / كتاب الصلاة / 476
Hadith Grading محدثین: أحاديث صحيح البخاريّ كلّها صحيحة
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary: Hafiz Ibn Hajar rahimahullah states that it is permissible to build a mosque on one’s own property, and it is prohibited to do so on someone else’s property. It is also permissible to build mosques on pathways, provided that it does not cause harm to those passing by. Some have issued a general verdict of impermissibility regarding building on pathways; the respected Imam rahimahullah is refuting this very verdict.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 476
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:

Imam Bukhari rahimahullah has narrated this hadith in a concise manner.
Further details related to this incident will be mentioned later.
Imam Bukhari rahimahullah has provided details in Kitab al-Kafalah, Hadith: 2297, and Kitab al-Manaqib, Hadith: 3905; we will provide a detailed explanation there. At this point, Imam Bukhari rahimahullah’s purpose is only to show that Abu Bakr al-Siddiq radi Allahu anhu built a mosque at a public place in front of his house.
The Messenger of Allah sallallahu alayhi wa sallam did not object to this, because the construction of this mosque did not affect the passageway for people; the women and children of the polytheists used to pass by there.
Even the polytheists did not object to this.
However, they became entangled in distant fears that perhaps their women might become enchanted and influenced by the manner and style of Abu Bakr al-Siddiq radi Allahu anhu’s recitation of the Qur’an.
The details of this will be mentioned later; however, from Abu Bakr radi Allahu anhu building a mosque in the pathway and the Messenger of Allah sallallahu alayhi wa sallam not objecting, this ruling is established that a mosque can be built at public places, provided that the passageway is not affected.


Nowadays, all such places are under the control of the provincial or central government; therefore, to build a mosque at such places, it is necessary to obtain permission from the government of the time. Otherwise, the government has the full right to demolish such a mosque. Today, since it is an era of tribulations and trials, and the specter of sectarianism haunts people’s minds, and there is no longer any forbearance or tolerance among people, it is necessary to obtain ownership rights from the local government regarding such a place before building a mosque, so that there is no fear of discord and conflict, and Allah’s worship can be performed there in peace and tranquility.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 476