The Shar‘i Ruling on Salah in a Mosque Built with Donations and Bayt al-Māl Funds
Source: Fatāwā Shaykh al-Ḥadīth Mubārakpūrī, Vol. 1, Pg. 186
❖ Question
The residents of a village collected donations and built a mosque. Later, the mosque collapsed. Afterwards, the villagers again collected some donations along with money from the Bayt al-Māl and constructed brick walls with a tin roof, giving it the form of a mosque. Now, according to Sharī‘ah, it is asked:
- Is Salah permissible in this mosque or not?
- Zayd says that if the Bayt al-Māl money is repaid, Salah becomes valid.
- Bakr argues that until the mosque is demolished and rebuilt, Salah is not permissible, because the current construction is a “corrupt building (binā’ fāsid).”
According to Zayd’s opinion, disunity may arise among the congregation, whereas Bakr’s stance seems outwardly inclined toward unity.
Questioner: Abū al-Maḥmūd ‘Abd al-Nūr, currently residing in Palāsh Bārī, Post Banākūrī, District Dinājpūr
Request: Please clarify whether Salah in this mosque is permissible or not.
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ‘alā Rasūlillāh, ammā ba‘d!
Salah in the Present Mosque is Permissible
- Salah in this mosque is without doubt valid.
- There is no need to demolish or tear down this mosque.
◈ Nature of Funds in Bayt al-Māl
Generally, the Bayt al-Māl contains money collected from:
- Sacrificial animal skins
- Fitr
- Zakāh
- ‘Ushr
Scholarly Views Regarding the Use of Zakāh and Fitr Funds
➊ First Opinion (Permissibility of Salah in such a Mosque):
- Those scholars who interpret “fī sabīlillāh” in a general sense, meaning:
"جميع وجوه خير بما يعود نفعه الى المسلمين"
(All forms of goodness that benefit Muslims)
According to them, constructing mosques from Zakāh, Fitr, and ‘Ushr is permissible.
✔ Therefore, performing Salah in this mosque is permissible without karāhah, just as it is valid in a mosque built purely from donations.
➋ Second Opinion (Impermissibility of Salah in such a Mosque):
- Those scholars who interpret “fī sabīlillāh” as restricted only to jihād against disbelievers, do not allow constructing mosques with Zakāh, Fitr, and ‘Ushr funds.
However, they permit:
- Transferring funds from one category of Bayt al-Māl to another, provided that:
◈ The other category is empty
◈ Its rightful recipients exist
◈ The expenditure is necessary
Example: Spending Zakāh money for jizyah.
Legal Status of the Present Case
- In this case, the money from Bayt al-Māl used in construction will be regarded as a loan.
- Therefore, the worshippers of the mosque must:
◈ Collect donations and repay the Bayt al-Māl.
◈ Not demolish the mosque and waste the Bayt al-Māl’s money; otherwise, they will be accountable before Allah.
Zayd’s Opinion is Correct
- Zayd’s statement is correct and worthy of agreement.
- Bakr’s stance is not correct and should not be regarded as a matter of unity.
ھذا ما عندي والله أعلم بالصواب
(This is what I know, and Allah knows best what is correct.)
