Is it permissible to act on the bequest of one who bequeathed that he be prayed for in al-Masjid al-Haram, when this may lead to his being transferred from one country to another?
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The questioner : May Allah reward you. The questioner asks: Is it permissible to act on the bequest of one who bequeathed that he be prayed for in al-Masjid al-Haram, when this may lead to his being transferred from one country to another?
The Shaykh : If a person bequeaths that he be prayed for in al-Masjid al-Haram, his bequest is not to be carried out, especially when the distance is far. However, if the person is in Jeddah, or in Bahrah, or in nearby places, we might say that the bequest is carried out. But with distance, it is not.
Likewise, if he bequeaths that he be buried in al-Baqi', because the Messenger of Allah (peace and blessings be upon him) prayed for the people of al-Baqi' and saidSahih Muslim 974a, his bequest is not to be carried out, even if he has much wealth and we can hire what is needed to transport him to the place from his estate. The bequest is not carried out; rather, the person is buried in the place where he died and prayed for in the place where he died. The earth is Allah's earth, and what is prescribed regarding the deceased is to hasten and be prompt in burying him, due to the saying of the Prophet (peace and blessings be upon him) Sunan Abi Dawud 3181Sahih (Al-Albani). For this reason, we regret greatly what some people do: the deceased dies, and they benefit from him for a day or two until his son arrives from America, or from London, or from Paris, or from beyond that. They say, "We will not bury him until his son arrives." I seek refuge in Allah; it is a crime against the deceased. The deceased loves to be hastened to burial, as came in the authentic hadith , meaning, "Hasten me to my place of work, to the place of reward in which a gate to Paradise is opened for him." May Allah make us and you among those. So it is a crime against the deceased to detain him, and it is contrary to the Sunnah of ordering haste. It is said, "O my brother, hasten with him, pray for him, and bury him." If his relative, or his son, or his father who is in another place arrives, the matter is broad. What does he do when he arrives? He prays over his grave, because the Prophet (peace and blessings be upon him and his family) prayed over a grave, over the grave of a woman who used to clean the mosque. And what does "clean" mean? She would sweep it. The Messenger of Allah (peace and blessings be upon him) missed her, or did not miss her, and asked about her. They said, "She died yesterday." He said, "Why did you not inform me?" Meaning, "Why did you not let me know?" It seems they were shy about the matter and said, "We will not disturb the Messenger of Allah (peace and blessings be upon him) in this night." He said, "Show me her grave." The Messenger of Allah (peace and blessings be upon him) thanked those who served the houses of Allah. He said, "Show me her grave." She was a Black woman who had no status in society, but [Al-Hujurat 49:13] he said, "Show me her grave." So they showed him her grave, and he prayed over it.
So we say to these people: if the father, or the son, or the relative, or the friend is in another place, when he arrives he prays over the grave, and the matter is broad. But do not deprive the deceased of his benefit by delaying him. If a person says, "Did not the Prophet (peace and blessings be upon him) die on a Monday and not be buried until the night of Wednesday?" Meaning, did he remain for more than a day? We say, yes. But why did they delay his burial? Because they did not want to bury the Messenger of Allah (peace and blessings be upon him and his family) until his successor in his community was established before he was buried. And you know that the caliphate was not entrusted by the Messenger of Allah (peace and blessings be upon him) to anyone by explicit text. Therefore, consultation took place among the Companions (may Allah be pleased with them), and the choice of the Companions was for what the Messenger of Allah (peace and blessings be upon him) wanted. Who did they choose? They chose Abu Bakr (may Allah be pleased with him) by the consensus of the Companions. So the Companions delayed the burial of the Messenger of Allah (peace and blessings be upon him) so that the land would not be left without a caliph. If they had buried him, the land would have remained without a caliphate from his burial until a caliph was established. And it is known that this meaning does not exist in the case of others. In any case, what is prescribed—walk with me—what is prescribed in preparing the deceased is haste and promptness. Yes.
The questioner : May Allah reward you. The questioner says: A man died and upon him...
The Shaykh : If a person bequeaths that he be prayed for in al-Masjid al-Haram, his bequest is not to be carried out, especially when the distance is far. However, if the person is in Jeddah, or in Bahrah, or in nearby places, we might say that the bequest is carried out. But with distance, it is not.
Likewise, if he bequeaths that he be buried in al-Baqi', because the Messenger of Allah (peace and blessings be upon him) prayed for the people of al-Baqi' and said
O Allah, grant forgiveness to the inhabitants of Baqi' al-Gharqad.
اللهم اغفر لأهل بقيع الغرقدWalk quickly with a funeral, for if the dead person was good it is a good condition to which you are sending him on, but it he was otherwise it is an evil of which you are riding yourselves.
أسرعوا بالجنازة فإن تك صالحة فخير تقدمونها إليه وإن تك سوى ذلك فشر تضعونه عن رقابكمThat when a man is taken out by the people for his funeral and he is righteous, he says, "Bring me forward, bring me forward."
أن الرجل إذا خرج الناس بجنازته وهو صالح قال قدموني قدمونيIndeed, the most noble of you in the sight of Allah is the most righteous of you
إن أكرمكم عند الله أتقاكمSo we say to these people: if the father, or the son, or the relative, or the friend is in another place, when he arrives he prays over the grave, and the matter is broad. But do not deprive the deceased of his benefit by delaying him. If a person says, "Did not the Prophet (peace and blessings be upon him) die on a Monday and not be buried until the night of Wednesday?" Meaning, did he remain for more than a day? We say, yes. But why did they delay his burial? Because they did not want to bury the Messenger of Allah (peace and blessings be upon him and his family) until his successor in his community was established before he was buried. And you know that the caliphate was not entrusted by the Messenger of Allah (peace and blessings be upon him) to anyone by explicit text. Therefore, consultation took place among the Companions (may Allah be pleased with them), and the choice of the Companions was for what the Messenger of Allah (peace and blessings be upon him) wanted. Who did they choose? They chose Abu Bakr (may Allah be pleased with him) by the consensus of the Companions. So the Companions delayed the burial of the Messenger of Allah (peace and blessings be upon him) so that the land would not be left without a caliph. If they had buried him, the land would have remained without a caliphate from his burial until a caliph was established. And it is known that this meaning does not exist in the case of others. In any case, what is prescribed—walk with me—what is prescribed in preparing the deceased is haste and promptness. Yes.
The questioner : May Allah reward you. The questioner says: A man died and upon him...
