Zakah on money dedicated to build a Masjid

Fatwa no. 37 All praise be to Allah Alone, and peace and blessings be upon the final Prophet.The Permanent Committee for Scholarly Researches and Ifta' has read question no. 339 sent by the Judge of Marat City on 12/10/1391 AH, to the Chairman of the Departments of Scholarly Research, Ifta', Da`wah, and Guidance, which was referred by the Council of Senior Scholars under no. 15/2 on 12/1/1392 AH (Part No. 9; Page No. 303) which states:We are submitting a question that we received from a man asking about the Zakah due on 6000 riyals. He said his family dedicated their grandfather's house as Waqf (endowment). However, the house was in disrepair, so the heirs sold it for 6000 riyals with which they intended to buy another house. They lent this sum of money to some people and a lunar year had passed. The heirs want to know if they are to pay the Zakah due on this sum or not. We faced the following two problems while dealing with the issue:Firstly: The money is originally the value of a house and it will be used to buy another house.Secondly: One third of the house was established as Waqf by the aforementioned person. The number of his heirs is almost 50 people now. Please give your Fatwa in this regard.

A: The sum of 6000 riyals is the value of the house that was originally designated as a Waqf by the heirs' deceased grandfather, but when the house fell into disrepair, they sold it to buy another house. In this case, no Zakah is due on this sum because one of the conditions of paying Zakah is ownership and this condition has not been fulfilled in this case. The judge should make sure of the validity of the Waqf document and the reasons for having sold this Waqf.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.