Building dwellings in a cemetery
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The seventh question of Fatwa No. ( 820 )
Q7: A poor man had no house to live in and no property on which to build a house. He had a desolate cemetery in which the oldest person he knew was a hundred years old or more, and he did not know that anyone had been buried there. This poor man wanted to build a house for himself in it. Is that permissible or not?
A7: The land in which the dead are buried is an endowment for the dead buried in it, so no one has the right to build a dwelling for himself in it, whether he is rich or poor, nor to dispose of it for private benefit, even if it is desolate. The land of Allah is vast, and the clear paths of lawful means are many, so the Muslim should take whatever lawful path is easy for him, and there are many of them, and he should avoid what Allah has forbidden him:[At-Talaq 65:2-3] And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q7: A poor man had no house to live in and no property on which to build a house. He had a desolate cemetery in which the oldest person he knew was a hundred years old or more, and he did not know that anyone had been buried there. This poor man wanted to build a house for himself in it. Is that permissible or not?
A7: The land in which the dead are buried is an endowment for the dead buried in it, so no one has the right to build a dwelling for himself in it, whether he is rich or poor, nor to dispose of it for private benefit, even if it is desolate. The land of Allah is vast, and the clear paths of lawful means are many, so the Muslim should take whatever lawful path is easy for him, and there are many of them, and he should avoid what Allah has forbidden him:
And whoever fears Allah - He will make for him a way out (3) And will provide for him from where he does not expect.
وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا (2) وَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.