Question
We are a group of responsible brothers of a masjid in _____. Over the years many things have been donated to the masjid, some without the knowledge of the trustees. Other things have been purchased when there was a need. We currently have many things which are of no use to the Masjid. Regarding these things we have the following questions:
1. The Masjid purchased dividers to put in between two classes. We are not in need of these anymore. Would it be permissible to give it to another Masjid in Birmingham who could put it to good use?
2. A few years ago, a parent of one of the maktab students donated white boards, projectors and other material to the masjid and madrassa. Some of the material was used up but a lot remains unused and will most likely not be used in the future. Can these be given away to other masjids.
3. We have extra Quraans, tasbeehs and duaa books. Some Quraans and Duaa books are in torn and tatty condition. Can these be disposed and the good ones be given away to other masjids or sold.
4. There are some diaries which were used for recording chanda dates and by the tablighi brothers. These are now outdated. Can we dispose of them.
5. The masjid has received a big amount of literature, many times from unknown sources. The literature is of different types:
· Beneficial material for the public.
· Material which is in bad condition (torn pages etc).
· Material of different sects, like a translation of the Quran from Molana Raza Barelvi.
· Books left by previous students because they didn’t want to take it home. Many of these are torn and tatty.
· Material received unknowingly, sometimes unwanted by the donor.
Are we allowed to dispose of the above categories. If yes, what method should be used for disposal.
Answer
1. The dividers can be given to the closest Masjid which is in need of them.
2. The white boards, projectors and other items which were donated to the Masjid and will not be needed in the future, can be given to other Masaajid or otherwise to any other deserving cause, with the consent of their respective donors. If it is not possible to contact the donors (or even their heirs) to get their consent, then the best would be to give these items to the closest Masjid which is in need of them.
3. Those Quraans and Kitaabs that can be reasonably repaired should be repaired, those that are irreparable should be respectfully buried.
4. The diaries should be given to their original owners or their heirs. If they cannot be traced or are unknown, then the diaries can be disposed of, should there be certainty that they won’t be needed in future. If at the time of donating the diaries, it was understood that they will be used and then disposed of, they can be disposed of without the consent of the donors.
5. The rules of Luqtah (lost item) will apply. The books left behind by students can be given away, or buried if they are not in a good condition. Those books which are harmful to the public should preferably be given to Ulama, or buried.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
References
وفي الدر المختار. ومثله حشيش المسجد وحصيره مع الاستغناء عنهما، وكذا الرباط والبئر إذا لم ينتفع بهما فيصرف وقف المسجد والرباط والبئر والحوض إلى أقرب مسجد أو رباط أو بئر أو حوض إليه. وفي رد المحتار: لف ونشر مرتب وظاهره أنه لا يجوز صرف وقف مسجد خرب إلى حوض وعكسه وفي شرح الملتقى يصرف وقفها لأقرب مجانس لها. اه ج: ۳، ص: ۵۷۴ (۱). قلت: وهذه الرواية وإن كـانـت مـنـقـولة في صورة خراب المسجد وغيره؛ لكن ما كان مبنى الحكم الاستغناء كان الحكم عاما وإن لم يخرب وهذا ظاهر عندي… امداد الفتاوى جديد (6/ 29)
سوال (۱۵۸۸): قد یم۲/ ۷۱۷-متولی مسجد مسجد کی کوئی شئ کسی وجہ سے فروخت کر سکتا ہے
یانہیں؟