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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on moving the grave of a deceased person who drowned after performing Hajj on their behalf

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Question:
A woman passed away a long time ago, and she has one daughter. This woman was buried in land that was flooded due to a dam built nearby. Her daughter did not have the ability to move the grave when the water came, nor did she have the money to do so, and she could not find anyone to do it for her. Then, an inheritance came to the deceased woman, so Hajj was performed on her behalf, but her grave was not moved. Is there a sin on her daughter? And we seek guidance in this matter?

Answer:
There is no doubt that it is obligatory to respect the graves of Muslims and care for them, by keeping harm away from them by enclosing them with a wall that protects them, and it is forbidden to sit on them or walk on them or to insult them. All of this is forbidden because the sanctity of a Muslim after death is like his sanctity while alive, and because the Prophet (peace and blessings be upon him) forbade mistreating graves by any action. What the questioner mentioned is that her mother’s grave was flooded with water and the water dominated it, and that it needs to be moved, but she was unable to do so. And that money came to her after that, but she used it to perform Hajj on her mother’s behalf and did not move her grave. The Hajj is valid, if Allah wills, and it is hoped that its reward will reach her. But whenever she is able to move her mother’s grave, or to move her mother from her grave to another place among the graves of Muslims that are far from water, she should do so whenever she is able to do so. Yes. May Allah bless you.
Source قناة «العلامة الدكتور صالح الفوزان»، امرأة غرق قبرها بسب سد قريب منها ولها بنت لا تملك مالاً لنقل القبر ثم أتاها إرث فؤدي عنها فريضة...؟ — youtube.com

The Arabic text is a machine transcription of the audio recording.

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