Q: There is a masjid in our city which just has been constructed. The administration of this particular masjid have a outstanding amount of money which they owe to the contractor who has built the masjid by the end of June 2009. (approximate $400,000). So in the light of jurisprudence is it permissible for one masjid or a number of masajid to lend this particular masjid a loan from their monies which they have collected from the people in the form of donations for a particular cause for example construction of the masjid or masjid upkeep etc, so that they can make the timely payment.
In summary, is it permissible to transfer/lend a waqf of one place to another place which is also a waqf with the promise of return/repayment?
Any assistance will be highly appreciated.
A: If the other local masaajid have an amount far in excess of their needs and there is no use for this wealth presently, they may loan an amount to the musjid in need. (Fatawa Raheemiyyah, vol 9, pg 87)
أما المال الموقوف على المسجد الجامع إن لم تكن للمسجد حاجة للحال فللقاضي أن يصرف في ذلك لكن على وجه القرض فيكون دينا في مال الفيء (الفتاوى الهندية 2/ 464)
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)