belongs to the endowment, and does so without the permission of the authority in charge, claiming that he has rented it for three dirhams a year, although neither the authority in charge nor the administrators have leased it to him to date. Then another man swore by Allah that he would rent this wall, which stands between the houses. The projection and water-supply facility installed by the first man were removed, and any construction undertaken there was solely in hope of reward from Allah Most High. The second man rented it for twenty dirhams a year for twenty years, so that the houses in the endowment’s courtyard would remain well lit and the neighbours would not suffer harm from construction above them. May it be leased to the man who encroached, or to the man who sought divine reward and increased rental income for the endowment, if the authority in charge leases him its use at the higher rent and thereby removes the harm to the endowment?

He answered:

He has no right to build anything on the endowment’s wall that would damage it; this is unanimously agreed upon. Indeed, according to the majority of scholars, he has no right to do so even if it would cause no damage. His claim to have rented it is not admissible without proof. Even if a lease had been granted that harmed the endowment, it would not be a valid lease under Islamic law.

If someone subsequently seeks to rent it, and doing so serves the endowment’s interests, leasing it is permissible—indeed, obligatory. If his intention is good, he will receive reward and recompense accordingly. And Allah knows best.