An old cemetery where the graves have disappeared: Is it permissible to benefit from that land?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. Imam al-Nawawi (may Allah have mercy on him) cited the hadith regarding the construction of the Prophet’s Mosque after the unearthing of the graves of the polytheists as evidence for the permissibility of a waqf owner benefiting from land that was designated as a cemetery after the graves have disappeared. What is the validity of this statement, which he mentioned in his commentary on Sahih Muslim?
Answer:
The disappearance of graves leads to the burial of other graves. As long as it is a cemetery, people are buried in it, and the burial continues. The burial does not end until it is said that it returns to its owner. Burial is continuous, and death is continuous. That is, the deceased are buried there, and death continues. However, the reason the Prophet (peace and blessings be upon him) unearthed the graves of the polytheists is that Allah designated this place for him as a mosque, so he unearthed them and moved them to another location.
He says: Honorable Shaykh, may Allah grant you success. Imam al-Nawawi (may Allah have mercy on him) cited the hadith regarding the construction of the Prophet’s Mosque after the unearthing of the graves of the polytheists as evidence for the permissibility of a waqf owner benefiting from land that was designated as a cemetery after the graves have disappeared. What is the validity of this statement, which he mentioned in his commentary on Sahih Muslim?
Answer:
The disappearance of graves leads to the burial of other graves. As long as it is a cemetery, people are buried in it, and the burial continues. The burial does not end until it is said that it returns to its owner. Burial is continuous, and death is continuous. That is, the deceased are buried there, and death continues. However, the reason the Prophet (peace and blessings be upon him) unearthed the graves of the polytheists is that Allah designated this place for him as a mosque, so he unearthed them and moved them to another location.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1538 -2802] مقبرة قديمة اندرست فيها القبور، هل يجوز الانتفاع بتلك الأرض؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
