What is the ruling on removing one's sandals in graveyards?

The questioner : What is the ruling on removing one's sandals in graveyards?

The Shaykh : The answer is that, as is well known, the default ruling for any command issued by the Prophet (peace and blessings be upon him) is that it is obligatory, unless there is an indicator that shifts the command from obligation to recommendation. There is no such indicator here, and therefore, one should remain with the default, which is obligation. Peace be upon you and Allah's mercy. However, I say that it is possible to find an indicator that confirms that the command here is obligatory. For example, his saying (peace and blessings be upon him): In this hadith, which is in Sahih Muslim, the Prophet (peace and blessings be upon him) combined two distinct matters. On one hand, he commands respect for the deceased by prohibiting sitting on their graves, and on the other hand, he prohibits exaggeration in respecting the deceased by prohibiting praying toward the grave. He said (peace and blessings be upon him): The question raised earlier regarding the command concerning walking between graves , likewise, the same question arises here regarding his saying (peace be upon him): Is the prohibition here for prohibition (tahrim) or for disapproval (tanzi)? The answer is the same as the previous answer regarding the command. Just as the default for a command is obligation, so the default for a prohibition is prohibition (tahrim). One might ask: Is his prohibition (peace be upon him) of sitting on graves and praying toward them for prohibition (tahrim) or for disapproval (tanzi)? The answer, as mentioned before regarding the command, is that the default is prohibition (tahrim). Consequently, we can deduce from his prohibition (peace and blessings be upon him) of sitting on graves that it aligns with his command to the owner of the two sandals to remove them. This falls under the category of respecting the buried. Thus, this hadith aligns with that one, and the latter becomes a supporting indicator that the command in the hadith of the two sandals is on its default, which is obligation. Some people may cite for this occasion the hadith and assume that this hadith indicates the permissibility of walking between graves in sandals. This is not the case, because it is not necessary to assume first that the Prophet's (peace and blessings be upon him) report that the deceased hears the sound of sandals means that walking between graves in sandals is permissible. It is possible to conceive of the matter in a way that does not conflict with his command to the owner of the two sandals to remove them. We can conceive of two things to resolve the apparent conflict. The first is that there is no necessary connection between the people hearing the sound when they leave the burial of the deceased and the burial taking place between graves, such that this burial would necessitate walking in sandals between graves. This hearing by the deceased of the sound of sandals could occur in a specific situation, such as being buried at the edge of the cemetery on one side. In that case, if we consider this scenario, it does not necessitate that the people walked between the graves in their sandals. This is the first point. The second point is that we have a principle of usul al-fiqh (principles of jurisprudence) that helps us reconcile hadiths that may appear to conflict. One of these principles is that if a command (hazir) and a permission (mubih) conflict, the command is given precedence over the permission. The hadith of the two sandals commands the Muslim to walk between graves wearing sandals. The second hadith, on its surface, if we do not interpret it as I mentioned earlier, indicates the permissibility of walking between graves in sandals. If a command and a permission conflict, the command is given precedence over the permission. This principle is very obvious to anyone who follows the progression of legal rulings and the manner in which they were revealed to the heart of the Prophet (peace and blessings be upon him). We all know that the Arabs in the pre-Islamic age of ignorance (jahiliyyah) were in clear error and did not know anything of what is known after Islam to be forbidden or lawful. We also know that the first thing revealed to the Prophet (peace and blessings be upon him) was the command to worship Allah alone, with no partner. After that, the legal rulings began to be revealed. When he (peace be upon him) commanded the worship of Allah alone, with no partner, and commanded the people to worship Him alone, with no partner, at that time, it was not known that wearing silk was forbidden, drinking intoxicants was forbidden, or walking between graves in sandals was forbidden. The people were walking in their state of error. Therefore, it is not at all unlikely that the Muslims in the early period of Islam were walking on the original permissibility, entering graveyards with sandals on their feet. When a new ruling comes that includes removing the sandals for one walking between graves, we know obviously that this text brought a new ruling that abrogated their previous custom of walking between graves. For all of this, the scholars of usul al-fiqh say that if two texts conflict, one prohibiting something and the other permitting it, the permitting text is interpreted as referring to the original state of permissibility (bara'at al-asl), and the prohibiting text is interpreted as referring to the new legislation. With this, we can understand that the ruling we should follow is that we do not walk in sandals between graves. This is supported, as I mentioned earlier, by his saying (peace be upon him): His prohibition (peace be upon him) of sitting on graves is from the category of respecting them, as he said (peace be upon him) in another hadith: All of this is from the category of respecting the deceased. However, this respect should not be elevated to the level of deification or exaggeration in glorification. This is the middle path: we respect the deceased, but we do not deify them. Respecting the deceased includes walking barefoot between graves, unless there is an excuse, in which case that is a separate discussion. Yes.