The Difference Between Building a Mosque Over a Grave and Including a Grave Inside a Mosque

The questioner : What is the difference between building a mosque over a grave and including a grave inside a mosque? What is the evidence for distinguishing between the two, if there is a distinction? And what is the ruling on praying in the mosque in both cases?

The Shaykh : The ruling on praying in the mosque does not differ from one case to another. As long as the grave is in the mosque, prayer is not prescribed in it, whether the mosque came first or the grave did. The difference between the two cases concerns demolishing one of them while preserving the other. If the mosque came first and the grave is the later addition, the grave is removed, and if the deceased is still there, his remains are transferred to the Muslim cemetery. If the mosque is the later addition over the grave, meaning it is the encroachment upon it, the mosque is removed and the grave is preserved as it is. This is in the category of removing the encroachment. This distinction is based on the principle of restoring the encroached-upon party against the encroacher. As for prayer, it is the same in both cases. Clear, clear. Yes, is there...