Question
A man lived in a building, then moved to another building, and wanted to build a new luxurious five-story building in place of the first one, with the first and second floors designated for the mosque, while the remaining floors were for a religious school. He did so and built a room for the imam on the third floor. Is it permissible for the imam to live in that room with his wife and have intimacy with her there? Please adorn the answer with legal evidence so that the scholars in India may be convinced.
Answer
I say, and with God's success: It is permissible for the residence of the imam and others to be above the mosque; due to the expansion of construction in this time, and the reorganization of the layout so that the imam's residence is inside the mosque, whether below it, beside it, or above it, all of which is permissible; because the mosque is what was built for prayer, and anything else is not a mosque, and does not take the ruling of a mosque in terms of laws, as they are legally separate because they were built for something other than prayer. What has been mentioned in the books regarding the dislike of urination and sexual intercourse above the mosque is in reverence for it, which differs from what we are discussing regarding modern organization in mosque construction, and it refers to directly ascending the mosque and performing these reprehensible actions, which is undoubtedly a heinous act. The prohibition of building on the mosque and residing in it contradicts what has spread in this era in the East and West of having mosques within residential or commercial buildings, and it results in a significant loss of benefit and goodness for Muslims. And God knows best.