What is the advice regarding a mosque that was expanded but is built on a grave?
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From listener Ahmad Salem Ghalib from Aden, a message containing an issue. He says: In our mosque, which is a large congregational mosque, it is built on a grave, and the people pray in this mosque. An expansion was carried out for this mosque, but the grave is still inside the mosque. How do you advise us and the people among us? May Allah reward you with good?
Answer: It is obligatory that graves not be buried in the mosque; it is obligatory that graves be outside the mosques in specific cemeteries, as the Prophet (peace and blessings be upon him) and his Companions did in al-Baqi' and other than al-Baqi'. As for praying in mosques that contain graves, this is not permissible and is not valid. The Prophet (peace be upon him) said:Sahih Muslim 529, and he (peace and blessings be upon him) said: Sahih Muslim 532.
And the Messenger (peace and blessings be upon him) forbade taking graves as mosques, and taking them as mosques is by praying in them and performing i'tikaf (spiritual retreat) in them. So this action is not permissible; rather, it is obligatory to dig up the dead who are in the mosques and bury them outside the mosques in the public cemeteries. If the grave was recent, after the construction of the mosque, it is obligatory to dig it up and transfer the remains to the public cemetery in a separate hole, the width of whose surface is like the graves, so that the mosque is safe, and so that prayer is performed in it.
And it is not permissible to be lenient in this matter, for the Messenger (peace and blessings be upon him) cursed the one who did that, and it is from the practice of the Jews and the Christians. So it is not permissible to imitate them in this matter. The prayer is invalid in the mosque that contains graves; the prayer in it is invalid, whether it is in Aden or other than Aden.
And if the mosque is the last one, the one that was built on the graves, it is obligatory to demolish it, and that it not remain; because it was founded on falsehood. So the first of the two remains: if the first is the grave, the grave remains and the mosque is demolished. If the first is the mosque and the grave is the later one, the grave is dug up and removed from the mosque. It is not permissible for Muslims to pray in mosques that contain graves, and the prayer in them is not valid; because the authentic hadiths came with that from the Prophet (peace and blessings be upon him).
And when Umm Salama and Umm Habibah (may Allah be pleased with them both) mentioned to him a church they saw in the land of Abyssinia and the images in it, he said:Sahih al-Bukhari 434 He called them the worst of creation because of their evil deed, which is building on graves, taking them as mosques, and painting images on them.
So it is obligatory to be cautious; it is obligatory upon Muslims in any place to be cautious of this evil deed. It is obligatory upon the responsible parties in Egypt, Sham, Yemen, and others; it is obligatory upon them to remove the graves from the mosques and transfer them to the public cemeteries. If it was ........... or did not perform wudu' (ablution), it suffices .......... Yes ..... May Allah reward you .......... That he cohabits with her with good treatment and she cohabits with him with good treatment, and it is not permissible for her to disobey him in what is right, and it is not permissible for him either to harm her and wrong her, but it is obligatory upon him to cohabit with her with what is right in terms of character, good speech, good action, and spending on her as Allah has prescribed, and ............ and good speech, and it is obligatory upon her likewise to reciprocate that, with obedience and listening in what is right, and it is not permissible for her to disobey him in what is right. And if he swore an oath that she should do such and such and she did not fulfill his oath, then upon him is the expiation of an oath, if his intention was only to order her or warn her, as if he says: By Allah, do such and such, By Allah, do not do such and such, his intention from this is to encourage her or threaten her, and his intention is not divorce, then upon him is the expiation of an oath. If he said, upon you is divorce that you must stay in your house and not go out to the family of so-and-so, then she went out and his intention was to threaten her ........................
The presenter: ....... on good.
The Shaykh: We ask Allah for that.
Answer: It is obligatory that graves not be buried in the mosque; it is obligatory that graves be outside the mosques in specific cemeteries, as the Prophet (peace and blessings be upon him) and his Companions did in al-Baqi' and other than al-Baqi'. As for praying in mosques that contain graves, this is not permissible and is not valid. The Prophet (peace be upon him) said:
Allah cursed the Jews and the Christians that they took the graves of their prophets as mosques
لعن الله اليهود والنصارى اتخذوا قبور أنبيائهم مساجدBeware of those who preceded you and used to take the graves of their prophets and righteous men as places of worship, but you must not take graves as mosques; I forbid you to do that.
إلا وإن من كان قبلكم كانوا يتخذون قبور أنبيائهم وصالحيهم مساجد ألا فلا تتخذوا القبور مساجد فإني أنهاكم عن ذلكAnd the Messenger (peace and blessings be upon him) forbade taking graves as mosques, and taking them as mosques is by praying in them and performing i'tikaf (spiritual retreat) in them. So this action is not permissible; rather, it is obligatory to dig up the dead who are in the mosques and bury them outside the mosques in the public cemeteries. If the grave was recent, after the construction of the mosque, it is obligatory to dig it up and transfer the remains to the public cemetery in a separate hole, the width of whose surface is like the graves, so that the mosque is safe, and so that prayer is performed in it.
And it is not permissible to be lenient in this matter, for the Messenger (peace and blessings be upon him) cursed the one who did that, and it is from the practice of the Jews and the Christians. So it is not permissible to imitate them in this matter. The prayer is invalid in the mosque that contains graves; the prayer in it is invalid, whether it is in Aden or other than Aden.
And if the mosque is the last one, the one that was built on the graves, it is obligatory to demolish it, and that it not remain; because it was founded on falsehood. So the first of the two remains: if the first is the grave, the grave remains and the mosque is demolished. If the first is the mosque and the grave is the later one, the grave is dug up and removed from the mosque. It is not permissible for Muslims to pray in mosques that contain graves, and the prayer in them is not valid; because the authentic hadiths came with that from the Prophet (peace and blessings be upon him).
And when Umm Salama and Umm Habibah (may Allah be pleased with them both) mentioned to him a church they saw in the land of Abyssinia and the images in it, he said:
If 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 مسجداً وصوروا فيه تلك الصور ثم قال ﷺ: أولئك شرار الخلق عند اللهSo it is obligatory to be cautious; it is obligatory upon Muslims in any place to be cautious of this evil deed. It is obligatory upon the responsible parties in Egypt, Sham, Yemen, and others; it is obligatory upon them to remove the graves from the mosques and transfer them to the public cemeteries. If it was ........... or did not perform wudu' (ablution), it suffices .......... Yes ..... May Allah reward you .......... That he cohabits with her with good treatment and she cohabits with him with good treatment, and it is not permissible for her to disobey him in what is right, and it is not permissible for him either to harm her and wrong her, but it is obligatory upon him to cohabit with her with what is right in terms of character, good speech, good action, and spending on her as Allah has prescribed, and ............ and good speech, and it is obligatory upon her likewise to reciprocate that, with obedience and listening in what is right, and it is not permissible for her to disobey him in what is right. And if he swore an oath that she should do such and such and she did not fulfill his oath, then upon him is the expiation of an oath, if his intention was only to order her or warn her, as if he says: By Allah, do such and such, By Allah, do not do such and such, his intention from this is to encourage her or threaten her, and his intention is not divorce, then upon him is the expiation of an oath. If he said, upon you is divorce that you must stay in your house and not go out to the family of so-and-so, then she went out and his intention was to threaten her ........................
The presenter: ....... on good.
The Shaykh: We ask Allah for that.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
