Bequeathing one third of his property which is agricultural land while some of it is not owned

Q: His grandfather, Nasir ibn Muhammad Al-Batily, dedicated one-third of his property as Waqf (endowment). The same will was made by his great-grandfather, Muhammad ibn `Abdullah Al-Batily. The Waqf was an agricultural land. However, a part of one-third of the property was dispossessed. The inquirer asks whether it is permissible for him to build a Masjid (mosque) from the monetary compensation given in return for the dispossessed part, especially that the remaining bequeathed part brings a profit that is enough to execute the wills of both grandfathers, or should this monetary compensation be used for buying a similar agricultural land, as was stated in the will. Attached is a copy of the two wills. I hope your Eminence would explain this matter, may Allah protect you for the sake of Islam and the Muslims! Peace and blessings of Allah be upon you!

A: It is not permissible to use the monetary compensation given in return for dispossessing a part of the bequeathed property for building a Masjid. In fact, it should be used for buying an agricultural land that is similar to what was stated in the will, and this matter should be referred to the Shari`ah court. The profit brought from the agricultural land should be spent as stipulated in the will. In addition, the will must be executed as stipulated by the testator, that is, the profit should be used for buying Ud-hiyah (sacrificial animal offered by non-pilgrims) (Part No. 16; Page No. 338) and whatever represents a lawful way of spending the profit of the Waqf. As for bequeathing to spend the profit of the Waqf on something that is no longer needed, such as lamps, buckets, and the like, and if the monetary compensation given makes the part bequeathed more than one-third of the property, these matters are to be referred to the Shari`ah court, which is the competent authority. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.