Saadat al-Majid bi Imarat al-Masajid
- Author died
- 1069 AH
- Editions
- مخطوط ينشر لأول مرة بالمكتبة الشاملة
Saadat al-Majid bi Imarat al-Masajid (The Happiness of the Noble in the Upkeep of Mosques) is a legal treatise in Hanafi jurisprudence by the Egyptian jurist al-Shurunbulali (d. 1069 AH / 1659 CE) addressing the rules governing the endowments of ruined mosques and schools, as well as the disbursement of student stipends.
Composition and Background
The work's full title is Sa'adat al-Majid bi 'Imarat al-Masajid wa-Raghbat Talib al-'Ulum idha Ghaba 'an Darsihi fi Akhdhihi al-Ma'lum (The Happiness of the Noble in the Upkeep of Mosques and the Desire of the Student of Knowledge to Receive His Stipend When Absent from His Lesson). Al-Shurunbulali composed it in late Jumada al-Thani 1050 AH / October 1640 CE in response to a formal legal query (istifta'). The question asked whether an authority (al-imam) or his deputy is permitted to transfer the endowment (waqf) of a ruined mosque or madrasa—whose restoration is deemed impossible or obstructed—to the nearest mosque and direct its revenues toward that mosque's welfare.
Contents and Legal Arguments
Al-Shurunbulali answers that according to the authoritative, relied-upon ruling (al-mufta bihi) of the Hanafi school, it is impermissible to transfer the endowments of a madrasa or mosque or to alter any stipulations laid down by the founder.
He examines the classical divergence within the school between Abu Yusuf and Muhammad ibn al-Hasan al-Shaybani:
- Al-Shaybani held that if a mosque falls into ruin and the community no longer needs it, its site reverts to the ownership of the endower or their heirs.
- Abu Yusuf maintained that once dedicated, a mosque remains a mosque perpetually until the Day of Judgment; it never reverts to private inheritance, and neither its structure nor its endowment revenues may be transferred to another mosque.
Al-Shurunbulali demonstrates that the fatwa in the school rests on Abu Yusuf's position of perpetual dedication (ta'bid al-masjid), drawing upon references such as al-Hawi al-Qudsi, al-Bahr al-Ra'iq, al-Nahr al-Fa'iq, and Bada'i' al-Sana'i'. He criticizes rulings by earlier and contemporary jurists—such as Amin al-Din Muhammad ibn Abd al-Al, Ahmad ibn Yunus al-Shilbi, Ibn Nujaym, and Muhammad al-Wafa'i—who permitted transferring the structure or funds of ruined mosques, pointing out that their fatwas contradict the school's relied-upon doctrine. He notes that Muhammad ibn Siraj al-Din al-Hanuti adhered to the correct position by refusing to issue fatwas permitting their sale or transfer. He also clarifies that while the school follows al-Shaybani's view regarding movable furnishings and implements (alat al-masjid)—permitting their transfer to another mosque if unneeded—the land, building, and endowments remain strictly non-transferable.
Applying this principle a fortiori to educational endowments, al-Shurunbulali argues that an endowment instituted for a teacher and students cannot be diverted to other purposes. In the concluding section, he discusses student allowances (jamakiyya), citing Ibn al-Shihnah's commentary on the Manzumah of Ibn Wahban and Ibn al-Sa'igh's al-Ta'liqah fi al-Masa'il al-Daqiqah. He concludes that stipends paid to madrasa students are neither contractual wages (ujrah) nor charity (sadaqah), but rather financial support (i'anah) to enable their dedication to study; therefore, a student who misses formal attendance while occupied with research and textual transcription remains legally entitled to their designated stipend.
Transmission and Editions
The treatise forms part of al-Shurunbulali's collected legal monographs (al-Tahqiqat al-Qudsiyyah, commonly known as Rasa'il al-Shurunbulali). It was edited by Abu al-Mundhir Mahmud ibn Muhammad al-Minyawi based on two manuscript copies preserved at al-Azhar. Additional manuscript copies are held in libraries including the Zahiriyya in Damascus, the Rashid Efendi Library in Kayseri, and the Khuda Bakhsh Oriental Public Library in Bankipore.
Answer updated