A place allocated for Salah without dedicating it as Waqf is still considered the property of the allocator
Q: I moved into a new house and after a while,
I decided to turn a room in the house's courtyard that is almost 4 X 6 m and has a joint bathroom into a praying place. Bear in mind that I have not built a minaret for it.
The room is on the ground floor and the upper floor is a part of the neighboring apartment. When I am present, I pray in this room. But when I asked people about it, they said this room is not suitable for this purpose for many reasons. (i) It is a part of the house's courtyard. (Part No. 16; Page No. 90) (ii) This is not the most suitable place to build a Masjid (mosque), since it is not in a central area of the neighborhood. (iii) There is not much space outside my house, as there is a graveyard at the Qiblah (Ka`bah-direction faced in Prayer). The people of our neighborhood searched for a central piece of land to build a Masjid on it and - all praise be to Allah - a benefactor donated a land in a suitable place where we built the Masjid. We started praying in this new Masjid and I was one of the contributors to building it. My questions now are: Firstly, must I stop praying and offering congregational Salah in the previously-mentioned room, which I built to be a prayer room in the first place? Secondly, is it permissible for me to benefit from it in any way? Thirdly, should I lock it and make no use of it? Guide me in this matter, may Allah reward you!
A:
If you have not pronounced the intention to turn the room in your courtyard into a Masjid and leave it for people to pray in and if you have not opened a door directly leading to it from the street inviting people to come to pray in it, then it is yours and it is still in your possession. It is a part of your courtyard and you have the right to dispose of it as you do of any part of your property. (Part No. 16; Page No. 91) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.