As for uses that cause no harm whatsoever, these are like taking shelter in someone’s shade or using the light of his fire; such uses require no permission. Once the owner restricts access to the land, however, its use becomes prohibited. Hence the distinction between fruit protected by neither a wall nor a watchman and fruit to which access is restricted: according to Ahmad’s school, the former may be eaten without payment in circumstances where the latter may not—either by anyone or only by those in need—even though carrying any away is not permissible.

If an owner may build in the forecourt of his property for his own benefit, then building in a mosque’s forecourt for the mosque’s benefit is all the more permissible. The forecourt of a house or mosque is not confined to the entrance side; rather, it may extend around all sides. Al-Qādī, Ibn ‘Aqīl and others said:

“If someone reclaims a piece of land, he has a greater right to its surrounding open space. If someone else wishes to dig a well at the base of his wall, he has no right to do so.”

Abū Hāmid, al-Māwardī and other scholars of al-Shāfi‘ī’s school stated likewise. And Allah knows best.