A woman was buried in a cemetery on the edge of a wadi. Is it permissible to move her body to another place because the wadi may overflow and the grave may be exposed?
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Abu Layla : Peace be upon you, and Allah’s mercy and blessings.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
Abu Layla : How is our Shaykh doing?
The Shaykh : I don't know, you requested me, didn't you?
Abu Layla : Yes, Shaykh, I am asking how your health is.
The Shaykh : Praise be to Allah.
Abu Layla : There is our brother, let brother Ali ask you this question, it is very necessary. Please, Shaykh Ali.
onAl-Halabi : A few days ago, my professor, the mother of one of the brothers passed away, so they buried her in a new cemetery in the outskirts of Zarqa. This cemetery has the grave of this woman on the edge of the cemetery, near the wadi, and near this grave there is also the channel where the water comes and so on. It is the strong opinion of these people, who are the family of the deceased woman, that if any rain comes, or if heavy rain comes, it may lift the grave with what is in it. So they say, does this thing, which is of course a strong opinion, and they have consulted a number of experts in this field, and they said: Yes, there is a high probability that if heavy rain comes, it will lift the grave because it is on the edge of the wadi. So, does this permit digging up the grave and moving the body to another grave in another area in the same cemetery, but far from the wadi?
The Shaykh : The answer will come after the question.
onAl-Halabi : Please, my professor.
The Shaykh : Has the wadi ever overflowed and reached that place and higher, and did the people around it know that?
Al-Halabi : Yes, I say the cemetery is new, nothing has happened, because it was not opened until a few months ago.
The Shaykh : No, no, I understood that, but where did they base their opinion? They must have seen the wadi flow and run one day.
Al-Halabi : Of course, this has happened, our Shaykh, the wadi receives rain and fills up.
The Shaykh : Professor Ali, do not rush me.
Al-Halabi : Please, our Shaykh, my apologies.
The Shaykh : I assume that between the bottom of the wadi and the grave now is ten meters, five meters, it doesn't matter, assume whatever you want. The question now is, if we assume that there are five meters between the grave and the bottom of the wadi, has the wadi ever flowed and its water risen until it passed the five meters? Do you understand, Ali?
Al-Halabi : Understood, my professor, yes, this has happened before, but before the graves.
The Shaykh : I know.
Al-Halabi : Yes, it happened.
The Shaykh : It happened, and are they certain of it?
Al-Halabi : And they are certain, of course, because especially in the last winter, it may have reached twenty or thirty meters, not five meters. The flood took a large area of the neighborhood where the cemetery is now, the new cemetery.
Al-Albani: My dear, your saying that it reached twenty meters does not benefit anything, because the grave may now be above thirty meters.
Al-Halabi : No, much less, our Shaykh.
The Shaykh : Okay, so if they are certain that the flood sometimes passed the area of the grave like this?
Al-Halabi : Yes, they are certain.
The Shaykh : Okay, now comes a second question, and it is the last one. When did they bury her?
Al-Halabi : Two weeks ago.
The Shaykh : Two weeks?
Al-Halabi : Yes, or less, I mean.
The Shaykh : Okay, this also needs to know the nature of the land there.
Al-Halabi : The land is very sandy.
The Shaykh : No, that is not what is meant.
Al-Halabi: Go ahead.
The Shaykh : What is meant is, does the land there consume the bodies in a short or long time?
Al-Halabi : By Allah, my professor, Allah knows best, we do not know.
The Shaykh : So the answer now is clarified as follows: If it is their strong opinion that they will find the woman in her shroud, not decayed, such that they will not expose her 'awrah, then it is permissible for them to move her as she is to another grave. But if it is their strong opinion, and there must be a man there called the grave digger, who knows the nature of the land and must have experience, so the last question I directed to you is directed to him: Will they find the shroud decayed?
Al-Halabi : The speech is completely clear, our Shaykh.
The Shaykh : Good. So?
Al-Halabi : If it has decayed, then it is not permissible.
The Shaykh : ... The grave digger, negatively or positively, the answer will be negative or positive, meaning if he says: No, the shroud has become dust and the body has started to decay, then at that time it means that they will expose her 'awrah, and this is haram, so they leave the matter; either until the body turns into scattered bones; or until the wadi comes with its flood, with its good and its bad. Is that clear?
Al-Halabi : Completely clear, my professor, may Allah reward you with good.
The Shaykh : May Allah reward you.
Al-Halabi : May Allah bless you, may Allah thank you.
The Shaykh : Welcome.
Al-Halabi : Peace be upon you, and Allah’s mercy and blessings.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
Abu Layla : How is our Shaykh doing?
The Shaykh : I don't know, you requested me, didn't you?
Abu Layla : Yes, Shaykh, I am asking how your health is.
The Shaykh : Praise be to Allah.
Abu Layla : There is our brother, let brother Ali ask you this question, it is very necessary. Please, Shaykh Ali.
onAl-Halabi : A few days ago, my professor, the mother of one of the brothers passed away, so they buried her in a new cemetery in the outskirts of Zarqa. This cemetery has the grave of this woman on the edge of the cemetery, near the wadi, and near this grave there is also the channel where the water comes and so on. It is the strong opinion of these people, who are the family of the deceased woman, that if any rain comes, or if heavy rain comes, it may lift the grave with what is in it. So they say, does this thing, which is of course a strong opinion, and they have consulted a number of experts in this field, and they said: Yes, there is a high probability that if heavy rain comes, it will lift the grave because it is on the edge of the wadi. So, does this permit digging up the grave and moving the body to another grave in another area in the same cemetery, but far from the wadi?
The Shaykh : The answer will come after the question.
onAl-Halabi : Please, my professor.
The Shaykh : Has the wadi ever overflowed and reached that place and higher, and did the people around it know that?
Al-Halabi : Yes, I say the cemetery is new, nothing has happened, because it was not opened until a few months ago.
The Shaykh : No, no, I understood that, but where did they base their opinion? They must have seen the wadi flow and run one day.
Al-Halabi : Of course, this has happened, our Shaykh, the wadi receives rain and fills up.
The Shaykh : Professor Ali, do not rush me.
Al-Halabi : Please, our Shaykh, my apologies.
The Shaykh : I assume that between the bottom of the wadi and the grave now is ten meters, five meters, it doesn't matter, assume whatever you want. The question now is, if we assume that there are five meters between the grave and the bottom of the wadi, has the wadi ever flowed and its water risen until it passed the five meters? Do you understand, Ali?
Al-Halabi : Understood, my professor, yes, this has happened before, but before the graves.
The Shaykh : I know.
Al-Halabi : Yes, it happened.
The Shaykh : It happened, and are they certain of it?
Al-Halabi : And they are certain, of course, because especially in the last winter, it may have reached twenty or thirty meters, not five meters. The flood took a large area of the neighborhood where the cemetery is now, the new cemetery.
Al-Albani: My dear, your saying that it reached twenty meters does not benefit anything, because the grave may now be above thirty meters.
Al-Halabi : No, much less, our Shaykh.
The Shaykh : Okay, so if they are certain that the flood sometimes passed the area of the grave like this?
Al-Halabi : Yes, they are certain.
The Shaykh : Okay, now comes a second question, and it is the last one. When did they bury her?
Al-Halabi : Two weeks ago.
The Shaykh : Two weeks?
Al-Halabi : Yes, or less, I mean.
The Shaykh : Okay, this also needs to know the nature of the land there.
Al-Halabi : The land is very sandy.
The Shaykh : No, that is not what is meant.
Al-Halabi: Go ahead.
The Shaykh : What is meant is, does the land there consume the bodies in a short or long time?
Al-Halabi : By Allah, my professor, Allah knows best, we do not know.
The Shaykh : So the answer now is clarified as follows: If it is their strong opinion that they will find the woman in her shroud, not decayed, such that they will not expose her 'awrah, then it is permissible for them to move her as she is to another grave. But if it is their strong opinion, and there must be a man there called the grave digger, who knows the nature of the land and must have experience, so the last question I directed to you is directed to him: Will they find the shroud decayed?
Al-Halabi : The speech is completely clear, our Shaykh.
The Shaykh : Good. So?
Al-Halabi : If it has decayed, then it is not permissible.
The Shaykh : ... The grave digger, negatively or positively, the answer will be negative or positive, meaning if he says: No, the shroud has become dust and the body has started to decay, then at that time it means that they will expose her 'awrah, and this is haram, so they leave the matter; either until the body turns into scattered bones; or until the wadi comes with its flood, with its good and its bad. Is that clear?
Al-Halabi : Completely clear, my professor, may Allah reward you with good.
The Shaykh : May Allah reward you.
Al-Halabi : May Allah bless you, may Allah thank you.
The Shaykh : Welcome.
Al-Halabi : Peace be upon you, and Allah’s mercy and blessings.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
