Reading from the author's text with commentary and collation of manuscripts: "Then the prohibition becomes more severe if the plot is usurped
Machine translationRead the Arabic original
The reader: "Then the prohibition becomes more severe if the plot is usurped, such as: what was built over some of the scholars, or the righteous, or others who were buried in a public cemetery, and a mosque or a school was built over his grave"
The Shaykh : A school
The reader: "over his grave a mosque or a school or a ribat, or a shrine, and a place for purification was made in it or not, for this contains types of forbidden things. The first is that it is not permissible to benefit from a public cemetery in anything other than burial without compensation, by consensus. So building a mosque, or a school, or a ribat in it is like burying a dead person in a mosque, or like building caravanserais and the like in a cemetery, or like building a mosque in a road that people need to walk in.
The second is that most of this involves digging up the graves of Muslims".
The Shaykh : And from this also, it is not permissible for a person to dig a grave for himself in a public cemetery, because this is of the kind of reserving a place, reserving a place in the mosques. Then a person does not know whether he will die in this land or not, by the saying of Allah the Exalted:[Luqman 31:34].
And some people in the past used to dig graves for themselves, and some people innovated in this a religious innovation, and it became that every day he would go out to this grave he had dug and lie down in it, claiming that this is a lesson and a reminder.
And this is undoubtedly a religious innovation, and digging a grave in a public cemetery for the cemetery is forbidden, because he has not yet needed it, and as I mentioned to you, does he know that he will die in this place?
The student: No.
The Shaykh : No.
The Shaykh : A school
The reader: "over his grave a mosque or a school or a ribat, or a shrine, and a place for purification was made in it or not, for this contains types of forbidden things. The first is that it is not permissible to benefit from a public cemetery in anything other than burial without compensation, by consensus. So building a mosque, or a school, or a ribat in it is like burying a dead person in a mosque, or like building caravanserais and the like in a cemetery, or like building a mosque in a road that people need to walk in.
The second is that most of this involves digging up the graves of Muslims".
The Shaykh : And from this also, it is not permissible for a person to dig a grave for himself in a public cemetery, because this is of the kind of reserving a place, reserving a place in the mosques. Then a person does not know whether he will die in this land or not, by the saying of Allah the Exalted:
and no soul perceives in what land it will die
وما تدري نفس بأي أرض تموتAnd some people in the past used to dig graves for themselves, and some people innovated in this a religious innovation, and it became that every day he would go out to this grave he had dug and lie down in it, claiming that this is a lesson and a reminder.
And this is undoubtedly a religious innovation, and digging a grave in a public cemetery for the cemetery is forbidden, because he has not yet needed it, and as I mentioned to you, does he know that he will die in this place?
The student: No.
The Shaykh : No.