The ruling on using a cemetery after it has become full and burying a deceased person on top of another
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Question:
Honorable Shaykh, if this cemetery becomes full, can it be used again? And is it permissible to dig a specific grave for another deceased person to be buried with the first? This is for reasons such as the cemetery having been established and the land becoming scarce, as is the case in Muslim lands.
Answer:
As for the issue of a cemetery that, once it is full, may be used for agriculture or housing, some scholars say that if a hundred years have passed, it is permissible because it has transformed into soil and nothing remains of the remains of the dead. However, this is a weak opinion with no evidence for it, because the dead differ; some remain with their bones intact for a long time, and some may remain in the state they were in when buried, unchanged, like the martyrs and some of the righteous whose bodies may remain unchanged. There are many witnesses to such things. The conclusion is that it is not permissible to use a cemetery, and there is no fixed time limit. As long as it is a cemetery and it is known to be a cemetery, it is not permissible to use it, no matter how long the time has been.
As for the issue of digging a grave a second time and placing another deceased person with the first, this is only permissible out of dire necessity if no other cemeteries are available, such as in large, crowded cities where there are no cemeteries. In that case, there is no harm in burying several deceased persons in one grave, to the extent the grave can hold, out of dire necessity. This is the practice of Muslims in large cities from ancient times due to need and dire necessity. However, whenever possible, whenever possible, it is obligatory that the deceased remains in his grave and no one is placed with him. As for dire necessity, there is no harm in it. Yes.
Honorable Shaykh, if this cemetery becomes full, can it be used again? And is it permissible to dig a specific grave for another deceased person to be buried with the first? This is for reasons such as the cemetery having been established and the land becoming scarce, as is the case in Muslim lands.
Answer:
As for the issue of a cemetery that, once it is full, may be used for agriculture or housing, some scholars say that if a hundred years have passed, it is permissible because it has transformed into soil and nothing remains of the remains of the dead. However, this is a weak opinion with no evidence for it, because the dead differ; some remain with their bones intact for a long time, and some may remain in the state they were in when buried, unchanged, like the martyrs and some of the righteous whose bodies may remain unchanged. There are many witnesses to such things. The conclusion is that it is not permissible to use a cemetery, and there is no fixed time limit. As long as it is a cemetery and it is known to be a cemetery, it is not permissible to use it, no matter how long the time has been.
As for the issue of digging a grave a second time and placing another deceased person with the first, this is only permissible out of dire necessity if no other cemeteries are available, such as in large, crowded cities where there are no cemeteries. In that case, there is no harm in burying several deceased persons in one grave, to the extent the grave can hold, out of dire necessity. This is the practice of Muslims in large cities from ancient times due to need and dire necessity. However, whenever possible, whenever possible, it is obligatory that the deceased remains in his grave and no one is placed with him. As for dire necessity, there is no harm in it. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تتمة باب شروط الصلاة — islamhouse.com (1:06:19)
The Arabic text is a machine transcription of the audio recording.