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Masa'il Harb al-Kirmani: Book of Purification (Taharah) and Prayer (Salah) - Edited by al-Surayyi'
Volume 1 · Page 488Chapter: A Mosque Built on an Arch/Bridge

Translation · EN

• And Ahmad was asked another time; it was said: "An old mosque that a man bought and incorporated into a farm?" He said: "No," and he disapproved of it strongly.

• And I asked Ishaq ibn Ibrahim, I said: "A ruined mosque, may an inn for travelers (khan al-sabil) be built in its place?" He said: "No, it is a mosque forever, unless there is a governor (wali) who oversees it; if having an inn or something else in its place that benefits the Muslims is better for them, then he may do what is better." I said: "Then the owner of the mosque, does he have the right to do that?" He said: "No, except for the Sultan."

I said to Ishaq: "Then an inn (khan) that fell into ruin and its benefit to the people ceased; may this inn be sold and its price given in charity to the poor?" He said: "No, unless there is an Imam who sees what is more beneficial, and he changes it." I said: "Then if this inn has a governor, a trustee, or an overseer, may he do that?" He said: "No."

1174 - Ahmad ibn Muhammad ibn al-Mu'alla narrated to us, saying: 'Arim narrated to us, saying: Khalid ibn al-Harith narrated to us, saying: I heard 'Ubaydullah ibn al-Hasan say—regarding a mosque that was sinking, and its people wanted to replace it—he said: "If it is the Caliph who does that, I consider it permissible."

Chapter: A Mosque Built on a Bridge (Qantarah)

• I said to Ahmad: "A mosque built on a bridge?" He disapproved of it, and mentioned—I think from Ibn Mas'ud—his disapproval of it.

Notes

(1) Thus it is in the original, and the correct form is "walin" (a governor).

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