Fatwa ID: 01478
Answered by Mufti Mohammed Tosir Miah
Renting the wudhu area of a mosque to businesses?
In the name of Allah, the most Beneficent, the most Merciful.
Before we answer your question we need to establish the definition of a musallah and a masjid. Musallah literally means a place, where prayer is performed or where congregation are held. Generally, a Musallah is a temporary place where worshippers congregate to perform their prayers. A Masjid on the other hand is a sanctified area. A place which has been permanently dedicated to Allah for the sake of prayer, recitation of the Holy Quran and his remembrance. Once a Masjid is erected, it will always be a masjid. It cannot return to the property of the community. (Raddul Muhtar p.371 v.3 & Tahtawi p.172 v.4)
A Musallah does not have the same rulings and injunctions of a Masid. Therefore, the impermissibility of buying and selling and talking in a mosque would not apply in a musallah. However, if a group or people get together and pray salah in congregation they will receive 27 times more reward as promised in various ahadith of the Prophet of Allah . (Aapke Masaail p.108 v.3)
If the wudhu area is directly below the masjid then the renting of the area would not be allowed due to the principle of Fiqh that what is above and below the Masjid is also part of the Masjid. (Fatawa Mahmoodiyah p.229 v.17)
However, if the wudu area is not below the masjid, but somewhere on the side, then as this is not part of the Masjid technically, therefore, it will be permissible for the Masjid trustees to rent that portion to businesses. (Masaail Masajid p.67)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham