He Donated Land For a Masjid, Then He Wanted to Take it Back

He Donated Land For a Masjid, Then He Wanted to Take it Back


Question :

A man promised to grant a piece of land for a school to be built on it, except that this was conditional upon his being allowed to go back on a previous promise to donate it for the building of an 'Eid mosque on it. Should he choose to give it for the building of an Eid mosque, in fulfillment of the first promise, or give it to the Ministry of Education, for the building of a school on it, bearing in mind that there is already a mosque for the performance of 'Eid prayers in the area?


Answer:

If the man did indeed give the piece of land for the construction of an 'Eid mosque on it, then it belongs to the 'Eid mosque and he may not take back his gift. But if he only promised a piece of land for building a mosque, then he may choose whether or not to fulfill his promise. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.


Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 5 Page 44

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