or it has become entirely dilapidated to the point where its restoration is impossible, or the restoration of a portion of it is impossible except by selling a part of it, then it is permitted to sell some of it to restore the remainder. If it is impossible to derive any benefit from any part of it, all of it is sold. Ahmad said, in a report narrated by Abu Dawud: "If there are two pieces of wood in a mosque that have value, it is permissible to sell them and spend their price on it." He also said, in a report narrated by Salih: "The mosque may be relocated if there is fear of thieves, or if its location has become filthy." Al-Qadi said: "He means if that prevents prayer within it." He also specified the permissibility of selling its courtyard (arsa), in a report narrated by Abd Allah, and the testimony regarding that shall be before the Imam. Abu Bakr said: "Ali ibn Sa'id has narrated that mosques are not sold, rather their materials (ala) are moved." He said: "I hold the first opinion, due to their consensus on the permissibility of selling the tethered horse (al-faras al-habis)—meaning that which is endowed for military expeditions—when it grows old and is no longer fit for military expeditions, while it is possible to utilize it for something else, such as turning a mill, carrying soil, or if there is desire for its offspring, or a stallion kept for breeding. It is permitted to sell it, and with its price, one purchases that which is fit for military expeditions." Ahmad specified this. Muhammad ibn al-Hasan said: "If the mosque or the endowment becomes dilapidated, it returns to the ownership of its dedicator, because the endowment is only the dedication of the benefit; so if its benefit ceases, the right of the beneficiary in it ceases, and thus his ownership of it ceases." Malik and al-Shafi'i said: "It is not permitted to sell any of that, due to the saying of the Messenger of Allah (may Allah bless him and grant him peace): 'Its original shall not be sold, nor purchased, nor gifted, nor inherited.' And because that which it is not permitted to sell while its benefits remain, it is not permitted to sell when those benefits are hindered, like one who has been manumitted (mu'taq), and the mosque is the most similar of things to one who has been manumitted." Our evidence is what was narrated that Umar (may Allah be pleased with him) wrote to Sa'd when he received news that the treasury (Bayt al-Mal) in Kufa had been burglarized (nuqiba), saying: "Relocate the mosque that is in al-Tammarin, and place the treasury in the prayer direction (qibla) of the mosque, for there will never cease to be someone praying in the mosque." This took place in the presence of the Companions, and no dissent to it appeared, so it constituted consensus. Furthermore, in what we have mentioned is the preservation of the endowment in its meaning when it is impossible to preserve it in its form, so this becomes obligatory, just as if one were to have a child with an endowed slave-girl or if someone else kissed her. Ibn Aqil said: "The endowment is perpetual, so if it is impossible to maintain its perpetuity in one way, it is focused on preserving the purpose, which is the utilization in perpetuity for another entity. The delivery of the substitutes follows the status of the entities, and our rigid adherence to the entity while it is inoperative is a waste of the purpose. This is close to the sacrificial animal (hady) if it becomes incapacitated [during the journey], for it is slaughtered immediately even if it was restricted to a specific place. Thus, when the realization of the purpose became impossible in its entirety, as much of it as possible was utilized, and the consideration of the specific location was abandoned when it became impossible; for keeping to it while it is impossible leads to the loss of the benefit entirely. Thus is the endowment with hindered benefits. Our argument against Muhammad ibn al-Hasan is that it is the removal of ownership for the purpose of drawing closer to Allah, so it does not return to its owner upon its impairment and the loss of its benefits, like manumission (itq)."

A section: The apparent meaning of the words of al-Khiraqi is that if an endowment is sold, whatever is purchased with its price from that which will benefit the people of the endowment is permitted, whether it is of its own kind or of another kind; for the objective is the benefit, not the kind. However, the benefit must be directed toward the interest to which the first was directed, because it is not permitted to change the objective while it is possible to preserve it, just as it is not permitted to change the endowment by sale while it is possible to utilize it.

A section: And if the price of the tethered horse is not enough to buy another horse, it is used as assistance in buying a tethered horse, such that it covers part of the price. Ahmad specified this; for the objective is...