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نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم    جلد : 1  صفحه : 644
As the masjid is a charitable (Waqf) property, it is not lawful to take possession of, or buy or sell, its other things except that permission should be obtained from the mujtahid or his representative to utilize them for another nearby masjid. The above orders also apply to those religious (Mazhab) schools and halls (Imambaras) which are made a part of a road.
2902. It is lawful to walk on the roads which have been constructed on masjids, religious schools and imambaras.
2903. If a masjid is demolished and a part thereof remains and prayers can be offered or other acts of worship can be performed on it, the orders applicable to a masjid will apply to that part. But if some unscrupulous person makes alterations in that part in such a way that it cannot be used as a masjid e.g. if he converts it into a shop, a place of business, or a house, the following orders will apply to it: If its possession and utilization is not opposed to the orders relating to a masjid e.g. if it is used for boarding and lodging purposes it is undoubtedly permissible to put it to such ". As the usurper has prevented it from being a masjid, it is no longer possible to use it for prayers and worship, but there is no harm in utilizing it otherwise. For example, a forsaken masjid, which is no longer visited by the people, may be used for purposes not opposed to the orders relating to a masjid (such as using it as agricultural land or shop). However, it is not permissible to utilize it for purposes which are not in keeping with the sanctity of masjid (such as converting it into a play ground).
2904. If a road is constructed through a graveyard of Muslims and the land is owned by someone the same orders will apply to it as mentioned above. In case, however, it is waqf the orders relating to endowments will be applicable to it. This is

Property that is endowed for pious purposes.
نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم    جلد : 1  صفحه : 644
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