Ruling on eating fruits picked from trees in the mosque or its gardens

Question

Praise be to Allah.

Firstly:

The majority of fuqaha’ are of the view that it is makrooh to
plant trees in the mosque, and some of them are of the view that it is
haraam, and some of them limited the prohibition to those that take up space
that should be for the worshippers.

The reason why it is makrooh is that the mosque was not built
for that purpose, rather it was built for the remembrance of Allaah, prayer
and reading Qur’aan, and because the tree may damage the mosque and prevent
worshippers from praying in the spot where it is located, and its leaves and
fruits will fall in the mosque, and birds will come to it and defecate in
the mosque, and children may come to the mosque because of the tree and
throw stones at it to make its fruits fall.

Some of them gave the reason for it being makrooh as being
because it is making the mosque similar to the synagogues of the Jews.

Ibn Qudaamah (may Allaah have mercy on him) said: It is not
permissible to plant a tree in the mosque. This was stated by Ahmad, who
said: If the date palm was planted after it became a mosque, then this was
planted unlawfully, and I would not like to eat from it. If the imam uproots
it, that is permissible, because the mosque was not built for that purpose,
rather it was built for the remembrance of Allaah, prayer and reading
Qur’aan, and because the tree may damage the mosque and prevent worshippers
from praying in the spot where it is located, and its leaves and fruits will
fall in the mosque, and birds will come to it and defecate in the mosque,
and children may come to the mosque because of the tree and throw stones at
it to make its fruits fall.. End quote from al-Mughni (5/370).

In al-Fataawa al-Hindyyah (1/110) it says: It is
makrooh to plant trees in the mosque, because that is making it like a
synagogue, and because it takes space away from the worshippers , unless it
will be of benefit to the mosque, such as if the land is wet and unstable
and the pillars would not be steady, so trees are planted therein to reduce
the instability. This is what it says in the Fataawa of Waadi Khaan.
End quote.

Ibn al-Humaam (may Allaah have mercy on him) said: It is not
permissible to plant trees in it unless the land is wet and unstable and the
pillars are not steady, in which case it is permissible in order to absorb
that water and bring about some benefit. End quote from Fath al-Qadeer
(1/421).

Zakariya al-Ansaari (may Allaah have mercy on him) said: And
it is makrooh (to dig a well or plant trees in it), rather if that causes
harm it is haraam (and the imam may remove it) lest it take space away from
the worshippers. Al-Adhra’i said that planting trees in a mosque that is
structurally sound is haraam because it takes space away from the
worshippers, and causes problems, and brings impurities from bird lime. And
he narrated from a number of the Iraqis that planting anything is not
allowed. End quote from Asna al-Mataalib (1/186).

In Sharh al-Kharashi ‘ala Khaleel (7/48) it says:
Note: a number of scholars clearly stated that it is not allowed to plant
anything in the mosque. They said it is not permissible to dig therein or to
bury anyone therein. They said: Perhaps those who said it is makrooh meant
that it is makrooh in the sense of being haraam. End quote.

Thus it is clear that the fuqaha’ said it is either haraam or
makrooh. This applies to things that are planted in the mosque after it is
built. But if there were any plants on the land before the mosque was built,
and the mosque is built around it, there is nothing wrong with that.

Ibn Qudaamah said, in the passage quoted above: If there was
a date palm on the land, and its owner made it into a mosque and the date
palm is incorporated into it, there is nothing wrong with that. End quote.

It also seems that there is nothing wrong with there being
trees in a garden attached to the mosque, so long as they do not take away
any space from the worshippers and their leaves do not cause any problem for
the mosque.

Secondly:

With regard to eating the fruits of these trees, that is
subject to further discussion. If the one who set up the waqf donated the
trees along with the mosque and specified on what the waqf was to be spent,
by stating that it is for the poor, or for imams or students or the mosque,
for example, then his request is to be followed. What has been donated as a
waqf to the mosque should be sold and spent on the mosque.

2 – If he did not specify how the waqf was to be spent, then
there is a difference of scholarly opinion concerning that. It was said that
the ruling is the same as that for which the beneficiaries are not
stipulated, so it should be given to the heirs of the original donor as a
waqf for them, or it was said that it is permissible for the poor of the
mosque, or that it may be spent on the mosque.

3 – In the case of that which is planted in the mosque but
was not given as a waqf along with it, and which we have ruled to be makrooh
or haraam, if it was planted for the mosque then nothing should be taken
from it without paying something to the mosque in return. If it was planted
for the sake of Allaah or it is not known for what purpose it was planted,
it is permissible to eat from it, but it is better not to eat from it, but
if a person eats from it and donates something for the upkeep of the mosque
in return, there is no sin on him.

There follow some comments of the fuqaha’ on this issue:

Ibn Qudaamah said in the same place as quoted above: If its
owner says: This is a waqf for the mosque, then its fruits should be sold
and the price donated to the mosque.

Al-Safareeni (may Allaah have mercy on him) said: Question:
Ruling on eating the fruits of trees belonging to the mosque. In
al-Furoo’, al-Insaaf, al-Iqnaa’, al-Muntaha, al-Ghaayah
and elsewhere, it says that if they are not removed, then their fruits are
for the poor of the mosque. It says in al-Insaaf: al-Haarithi said:
This is our view. He said: It is more likely that they are permissible for
other poor people too. Imam Ahmad (may Allaah have mercy on him) said: I
would not like to eat from them.

If it was planted before the mosque was built and was given
as a waqf along with it, then if (the donor) specified how (the fruits) were
to be disposed of, his wishes should be followed, otherwise it should be
given to the heirs of the donor, both rich and poor, as a waqf to them
according to their shares of inheritance. They are entitled to it as an
inheritance. If he has no relatives then it is for the poor and needy as a
waqf for them. al-Muwaffaq said: It is permissible to eat from it, and this
is the view of Imam Ahmad according to the report narrated by Abu Taalib.
… A number of our companions said: It should be (sold and the money) spent
on the mosque, and if there is no need of it then its neighbour may eat the
fruits. He stated this in al-Faa’iq. But he stated the former view,
that if no particular recipient is stipulated then it is like a waqf for
which no recipient were stipulated, in al-Iqnaa’, al-Muntaha
and al-Ghaayah. (2/317).

In Haashiyat al-Bujayrimi (3/103) it says: It is
makrooh to plant trees in the mosque as it says in al-Rawdah. I say: This is
to be understood as meaning that it is makrooh if it does not affect the
mosque or the worshippers, otherwise it is haraam and if it has been planted
it should be uprooted. The one who should uproot it is the imam or his
deputy, not individuals, whether it was haraam or makrooh to plant it,
because he has the right to remove makrooh things. But it is not permissible
to cut down that which was planted for the mosque and is not causing any
harm, because it belongs to the mosque. This was stated by al-Qaadi. But it
should be limited to that which bears fruits from which the mosque may
benefit, otherwise it should be removed. The basic principle dictates that
attention should be paid to whichever serves the greater interest: leaving
it or removing it.

In the case of things that were planted for the mosque but
deserve to be removed, it is not permissible to eat their fruits unless one
makes a donation to the mosque in return. If they were planted to provide
food for the sake of Allaah or the intention of the one who planted them is
unknown, it is permissible to eat from them without paying anything in
return. The same applies to the fruits of trees planted for the sake of
Allaah in the graveyard or if the intention of the one who planted it is not
known, and the same applies to plants that grew there by themselves. End
quote.

Ibn Qudaamah said: Abu’l-Khattaab said: In my view, if the
mosque needs the price of the fruits of the trees, they may be sold and the
price given towards upkeep of the mosque. He said: Ahmad’s view is that the
neighbours may eat them, which may be understood as meaning that they attend
the mosque and take care of it. End quote.

Based on this, if the fruits of the garden asked about here
were donated as a waqf for a specific cause, then it is not permissible for
anyone but the specified recipients to eat from them.

If they were planted for the sake of Allaah, it is
permissible to eat from them without paying anything in return.

If they were given as a waqf or planted for the benefit of
the mosque, then they should be sold and the money spent on the mosque. If a
person takes some of them and puts some money in the mosque collection box
in return, then he has done the right thing.

And Allaah knows best.