that a man — meaning his brother — stand up from his seat so that he may sit in it. Agreed upon (33). And because the mosque is the House of Allah, and people are equal therein; Allah the Almighty said: {equal are those who dwell in it and those who visit} (34). So whoever reaches a place first is more entitled to it; due to the saying of the Prophet (peace and blessings of Allah be upon him): "Whoever reaches water that no Muslim has reached before him, he is more entitled to it." Recorded by Abu Dawud (35). It is like the seats of the marketplace, the watering places, and mines. If he sends a companion of his forward, and he sits in a place, then when he (the original person) arrives, the deputy stands up and seats him, it is permissible; because the deputy stands up by his own choice. It has been narrated that Muhammad ibn Sirin used to send a servant of his on Friday, who would sit in a place, and when Muhammad arrived, the servant would stand up and Muhammad would sit in it. And if he was not a deputy, but he stood up so another could sit in his place, it is permissible for him to sit there; because he stood up by his own choice, so it is similar to the deputy. As for the person who stood up, if he moved to a place similar to his own in terms of closeness and hearing the sermon, there is no harm. If he moved to one lesser than it, it is disliked for him; because he is preferring another over himself in matters of religion. It is possible that it is not disliked; because giving precedence to people of virtue to what is adjacent to the Imam is legislated, and for that reason the Prophet (peace and blessings of Allah be upon him) said: "Let those among you who are discerning and wise be near me" (36). If he favored a person with his seat, it is not permissible for anyone else to get ahead of him to it; because the right belongs to the one who was sitting, and he favored another with it, so he stepped into his place in terms of entitlement, just as if he had enclosed uncultivated land, or reached it first, then favored another with it. Ibn Aqil said: That is permissible (37); because the one who stood up relinquished his right by standing up,