Is it permissible to dig up a grave in a mosque if doing so would cause fitnah (trial, discord or temptation)?
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Question:
Digging up a grave in a mosque if doing so would cause fitnah (trial, discord or temptation): should it be dug up or left alone?
Answer:
It is obligatory to dig up the grave if it is in the mosque, and the mosque was built first. This should be done by the authorities; either the court or the governor, so that there is no fitnah (trial, discord or temptation).
As for if the mosque was built later, the obligatory action is to demolish it; based on the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 529 It is agreed upon that it is authentic. And his saying (peace and blessings be upon him) when Umm Salama and Umm Habiba mentioned to him a church they had seen in the land of Abyssinia and the images in it: Sahih al-Bukhari 434 It is agreed upon.
From these two hadiths and what came with their meaning, it is known that it is not permissible to pray in mosques that contain graves; due to the prohibition of the Prophet (peace and blessings be upon him) regarding that; and because that is a means to shirk (associating partners with Allah) .
Digging up a grave in a mosque if doing so would cause fitnah (trial, discord or temptation): should it be dug up or left alone?
Answer:
It is obligatory to dig up the grave if it is in the mosque, and the mosque was built first. This should be done by the authorities; either the court or the governor, so that there is no fitnah (trial, discord or temptation).
As for if the mosque was built later, the obligatory action is to demolish it; based on the saying of the Prophet (peace and blessings be upon him):
Allah cursed the Jews and the Christians that they took the graves of their prophets as mosques
لعن الله اليهود والنصارى اتخذوا قبور أنبيائهم مساجدIf any righteous pious man dies amongst them, they would build a place of worship at his grave and make these pictures in it; they are the worst creatures in the sight of Allah.
أولئك إذا مات فيهم الرجل الصالح بنوا على قبره مسجدًا وصوروا فيه تلك الصور أولئك شرار الخلق عند اللهFrom these two hadiths and what came with their meaning, it is known that it is not permissible to pray in mosques that contain graves; due to the prohibition of the Prophet (peace and blessings be upon him) regarding that; and because that is a means to shirk (associating partners with Allah) .
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.