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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Praying in a mosque that contains a grave, and the distinction between the mosque and the grave

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Question:
He says: Honorable Shaykh, Honorable Shaykh, may Allah grant you success. We hear from some students of knowledge that they distinguish between a mosque in which a grave was placed, and a grave upon which a mosque was built. They say that praying in the first is permissible, but not in the second. Is there a difference between the two?

Answer:
This is an innovated distinction with no basis. It is not permissible to pray in a mosque that contains a grave, whether the mosque was built over the grave from the start or the grave was placed inside the mosque after it was built; the ruling is the same. However, if the mosque is the older structure and the grave was placed inside it, it is obligatory to dig up the grave and clear the mosque of it. If the grave is the older structure and the mosque was built over it, it is obligatory to demolish the mosque and leave the grave. This is the ruling of the Shari'ah. As for the claim that one may pray in it and that the prayer is valid, this is a false statement and an incorrect distinction. Yes, the Prophet (peace and blessings be upon him) said:
but you must not take graves as mosquesلا تتخذوا القبور مساجد
Sahih Muslim 532
He did not distinguish between a grave upon which a mosque was built, a grave placed inside a mosque, or a grave with no structure over it at all. It is not permissible to pray at a grave, even if there is no structure over it, because a mosque is what one prays in, even if it is built. For this reason, he (peace and blessings be upon him) said:
the earth has been made for me a place of worship and a means of purification.جعلت لي الأرض مسجدا وطهورا
Sunan Ibn Majah 567Sahih (Darussalam)
Every place in which one prays is a mosque. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 03- شرح نواقض الاسلام -الناقض الثاني- وسائط - الشيخ صالح الفوزان - مشروع كبار العلماء — youtube.com (58:15)

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

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