A masjid
after construction has broken bricks and tiles that cannot be used. Some were
broken because of changing the toilet pans and cisterns and even good ones were
broken to match with the new tiles purchased. The masjid committee intends to
throw a way these  tiles. Can they discard of these  tiles?

Do they
have to give a monetary recompense to the masjid for these broken bricks and
tiles they are discarding?

Answer: 

In regards to maintenance of a Masjid, the Fuqaha have written that it is necessary to maintain and attend to the upkeep of the Waqf (Masjid) to the extent that it remains (as far as possible) in its original condition as when donated by the donor (or newly built.) This level of maintenance falls in the category of necessary maintenance.

ضروری تعمیر سے مراد یہ ہے کہ واقف نے وقف کو جس حالت میں وقف کیا تھا اسے اس حالت میں بر قرار رکھنا اس سے بہتر حالت میں لانا یہ ضروری – تعمیر کے زمرہ میں داخل نہیں ہے اسلام کا نظام اوقا فص – ۶۳۵

After attending to the necessary maintenance of the Masjid any surplus funds (belonging to the Waqf) should be used in those avenues that are necessary. Necessary avenues refer to such avenues that if the funds are not chanelled in such avenues then there is fear of the Masjid being ruined; such as paying of Imaams, Muzaains, cleaners, security guards salaries. Thereafter, funds should be used to pay the Masjid municipal bills. If there still remains surplus funds (after spending in these avenues) then these funds may used in such maintenance projects of the Masjid that are not considered as essential such painting the premises, etc. [Re:- Islam Ka Nizaam-e-Awqaaf Pg.636]

Now, if replacing the toilets and cisterns etc. was absolutely necessary then doing so will be acceptable. If further damage was caused to bricks and tiles by removing the toilets, broken tiles, bricks, etc. then it is something that is expected and inevitable. If these tiles and bricks are now not of any use whatsoever (holding no value at all), then it may be discarded without any compensation. However, if good tiles and bricks were removed then discarding them will not permitted, but it should be stored for usage at a later stage or sold if a potential buyer is available to purchase them and the proceeds of the sale should be contributed to the Masjid.

وإذا رَأَى حَشِيشَ الْمَسْجِدِ فَرَفَعَهُ إنْسَانٌ جَازَ إنْ لم يَكُنْ له قِيمَةٌ فَإِنْ كان له أَدْنََ قِيمَةٍ لََ يََْخُذُهُ إلََّ بَعْدَ ال شرَاءِ من الْمُتَوَ لّ أو الْقَاضِي أو أَهْلِ الْمَسْجِدِ أو الِْْمَامِ )البحر الرائق 420 ج 5 )

Also, the Mutawwalis should request contractors to remove old Masjid fittings, or old bricks, etc. with care (to the best of their ability) so that it may be used at a later stage if required, or be sold.

And Allah Ta'aala knows best!

ANSWERED BY: Mufti Mohammed Desai 

CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B 

Date: 18 Muharram 1441 

English Date: 18 September 2019