Source: Fatāwā ʿUlamāʾ-e-Ḥadīth, Volume 09
Is it permissible to build shops for rent, toilets, and washrooms in the lower level of a waqf (endowed) mosque property, and then construct the mosque above them? Also, in the era of Khayr al-Qurūn (the best of generations), did mosques have washrooms and toilets within their premises? Presently, in places like Masjid al-Ḥarām in Makkah and Masjid al-Nabawi in Madinah, toilets and washrooms are located outside the mosque structure. Some scholars object and say that any land purchased for a mosque should not be used to build shops, toilets, or wash areas; such facilities, they argue, should be outside the mosque. Are these scholars correct? And does the lower level beneath a mosque fall under the same rulings as the mosque itself?
If the land was purchased for a mosque, then constructing a basement or lower level to house facilities such as storage, shops for rent (whose income supports the mosque), or toilets and washrooms, and then constructing the mosque on top, is permissible.
Such lower portions—whether cellars or shops—are not considered part of the mosque (masjid) in themselves. However, they are waqf (endowed) for the benefit of the mosque, and their use supports the operation and maintenance of the mosque. Therefore, building over them does not compromise the sanctity or validity of the mosque structure above.
Just as it's common and acceptable to have within the broader mosque land area (but separate from the prayer space):
...none of these compromise the sanctity or the rulings related to the mosque. These areas fall under “Muṣāliḥ al-Masjid” (ancillary facilities needed for the functioning of the mosque) and are often pre-planned by the founders of the mosque when purchasing the land.
The lower level beneath the mosque (such as shops or toilets):
While there is no direct report from the era of Khayr al-Qurūn regarding the presence of toilets or shops in mosque areas, some evidence suggests the permissibility of non-permanent auxiliary structures within the mosque:
Though these tents were likely temporary and removed after the women passed away, their presence within the mosque illustrates that such auxiliary uses did not invalidate the mosque’s sanctity.
Conclusion:
It is permissible to build shops, washrooms, and other utility spaces beneath a mosque if they are made Waqf for the mosque, and doing so does not invalidate the mosque’s sacred status. The objections of those who claim such arrangements are impermissible are not substantiated by definitive Shar‘i evidence.
And Allah knows best.
Is it permissible to build shops for rent, toilets, and washrooms in the lower level of a waqf (endowed) mosque property, and then construct the mosque above them? Also, in the era of Khayr al-Qurūn (the best of generations), did mosques have washrooms and toilets within their premises? Presently, in places like Masjid al-Ḥarām in Makkah and Masjid al-Nabawi in Madinah, toilets and washrooms are located outside the mosque structure. Some scholars object and say that any land purchased for a mosque should not be used to build shops, toilets, or wash areas; such facilities, they argue, should be outside the mosque. Are these scholars correct? And does the lower level beneath a mosque fall under the same rulings as the mosque itself?
If the land was purchased for a mosque, then constructing a basement or lower level to house facilities such as storage, shops for rent (whose income supports the mosque), or toilets and washrooms, and then constructing the mosque on top, is permissible.
Such lower portions—whether cellars or shops—are not considered part of the mosque (masjid) in themselves. However, they are waqf (endowed) for the benefit of the mosque, and their use supports the operation and maintenance of the mosque. Therefore, building over them does not compromise the sanctity or validity of the mosque structure above.
Just as it's common and acceptable to have within the broader mosque land area (but separate from the prayer space):
- Wells
- Ablution areas (places for Wudu)
- Toilets
- Storage rooms for mosque items
...none of these compromise the sanctity or the rulings related to the mosque. These areas fall under “Muṣāliḥ al-Masjid” (ancillary facilities needed for the functioning of the mosque) and are often pre-planned by the founders of the mosque when purchasing the land.
The lower level beneath the mosque (such as shops or toilets):
- Is not considered part of the mosque or its courtyard,
- But is considered outside the mosque (kharij min al-masjid) and waqf for the mosque (muwqūf ʿala al-masjid).
While there is no direct report from the era of Khayr al-Qurūn regarding the presence of toilets or shops in mosque areas, some evidence suggests the permissibility of non-permanent auxiliary structures within the mosque:
- The Prophet ﷺ allowed two Abyssinian women to set up tents in Masjid al-Nabawi—one was a cleaner, and the other had been falsely accused of theft.
- A woman from the Ghifār tribe also had a tent inside the mosque, where she would treat the sick and bandage the wounded.
Though these tents were likely temporary and removed after the women passed away, their presence within the mosque illustrates that such auxiliary uses did not invalidate the mosque’s sanctity.
Conclusion:
It is permissible to build shops, washrooms, and other utility spaces beneath a mosque if they are made Waqf for the mosque, and doing so does not invalidate the mosque’s sacred status. The objections of those who claim such arrangements are impermissible are not substantiated by definitive Shar‘i evidence.
And Allah knows best.
