What do the muftis say about the following issue? Wife of the former imam of a mosque (who has now passed away) has been living in the house of the mosque attached to the mosque for four years without compensation/rent, while she or her children have no responsibility in the mosque, and she probably does not even have her own house. The mosque is too small and cramped, which needs to be expanded. Due to this reason she is being asked to vacate the house, but she is not ready for that. Is it permissible and correct according to Sharia law for her to live in the house of this mosque?
The mosque’s house is a place of endowment/waqf, in which those associated with the service of the mosque are able to reside in it when necessary, in the interests of the mosque. However, in the event that none of the Imam's children are assigned to serve the mosque after his death, then it is not right for them to reside in the mosque’s house unnecessarily. While there is a necessity also to expand the mosque they should vacate the house. However, taking into account the services of the Imam, the mosque administration should provide financial support to his family, etc., as much as possible, in the event that they find another place to live.
کمافی الھندیة: ولا تجوز إعارة الوقف والإسكان فيه،كذا في محيط السرخسي (2/420)۔
وفیه ایضاً: وللمؤذن أن يسكن في بيت هو وقف على المسجد،كذا في الغرائب اھ(5/320)۔