Question (Q-61)
Is it permissible to use donations given to a Masjid for the maintenance and other costs of a Madrasah (Islamic School), and vice versa?
Answer:
It is impermissible to use Masjid donations for a Madrasah and vice versa. In fact, even using the money of one Masjid for a different Masjid is not permissible. This is because a donation (Waqf) must be used according to the intention of the donor.
It is stated in Al Ashbāh Wan Nadhāir,
شرط الواقف کنص الشارع في وجوب العمل به
“The condition of the donor is like the exact wording of the legislator in terms of it being necessary to act upon it.”
Al Imām Ahmad Ridhā (رحمة الله عليه) was asked by someone if it was permissible to spend the donations of a Masjid on a Madrasah or the donations of one Masjid on another Masjid. He replied that both these cases are prohibited (Harām). So as long as a Masjid is populated (and functioning), it is not permissible to use its donations for a Madrasah or a different Masjid. (Al Fatāwā Ar Ridhwiyyah, Volume 16, Page 280, Published in Lahore)
However, most Masājid and Madāris here in Europe are either conjoined and thus in the same building, or they are in two separate buildings that are attached to each other. One of the purposes of a Masjid is to provide religious education. Therefore, in such circumstances, it will be permissible to spend the donations of a Masjid on a Madrasah and vice versa.
It is stated in Durr ul Mukhtār (Chapter of Donations -Waqf),
اتحد الواقف والجهة و قل مرسوم بعض الموقوف عليه جاز للحاکم أن يصرف عن فاضل الوقف الاٰخر إليه لأنهما حينئذ کشيئ واحد
“When the donator and the purpose is one, and some of the donated amount for one of them is not enough, then it is permissible for the ruler to spend the extra amount from the other endowment upon this one. This is because in such an instance they are like one entity.”
Allah (تعالى) is Most Knowing.
Written by Muftī Shamsulhudā Khān Misbāhī (Allah preserve him)
