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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on burying a deceased person in a cemetery where all the graves are built up

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Question:
The first message in this episode is from listener Yasser Muhammad al-Asqari, residing in the Kingdom. Our brother says: Please answer us, if you would be so kind, about the ruling on a person whose family buries him in built-up graves, while he is not pleased with it, given that there are no other graves in his hometown except for built-up ones? May Allah reward you with good.

Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon whoever follows his guidance. As for what follows:
Allah (Exalted and Majestic is He) has prescribed for His servants in burial that the believer be buried in the grave in the earth, as the Exalted said:
From the earth We created you, and into it We will return youمِنْهَا خَلَقْنَاكُمْ وَفِيهَا نُعِيدُكُمْ
[Taha:55] And the Exalted said:
Then He causes his death and provides a grave for him.ثُمَّ أَمَاتَهُ فَأَقْبَرَهُ
[Abasa:21] A grave is dug for him to a depth of about half a qamah (cubit) or close to that, and a niche (lahd) is made for him on the qiblah side. He is placed in the niche, bricks are arranged over him, and it is plastered with clay so that the earth does not reach him. Then he is buried, and the grave is raised to a height of approximately one shibr (handbreadth) using the earth from the grave. It is not permissible to build over it, whether a dome, a mosque, or anything else. It is not permissible to plaster it, write on it, or add to it anything other than its own earth; because the Messenger of Allah (peace and blessings be upon him) prohibited that. He said (peace and blessings be upon him):
Allah cursed the Jews and the Christians that they took the graves of their prophets as mosquesلعن الله اليهود والنصارى؛ اتخذوا قبور أنبيائهم مساجد
Sahih Muslim 529
And he said (peace and blessings be upon him):
Beware 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.ألا وإن من كان قبلكم كانوا يتخذون قبور أنبيائهم وصالحيهم مساجد، ألا فلا تتخذوا القبور مساجد؛ فإني أنهاكم عن ذلك
Sahih Muslim 532
Narrated by Muslim in his Sahih. Muslim also narrated in his Sahih from Jabir (may Allah be pleased with him) who said:
Allah's Messenger (ﷺ) forbade that the graves should be plastered or they be used as sitting places (for the people), or a building should be built over them.نهى رسول الله ﷺ أن يجصص القبر، وأن يقعد عليه، وأن يبنى عليه
Sahih Muslim 970a
This is explicit in that it is not permissible to plaster it, build over it, or sit on it. However, if a person is buried in a grave that has a structure over it, the sin is on the one who did it, not on the deceased, provided he did not give permission and was not pleased. If his family buries him in a built-up grave, meaning one that has been built over or plastered, the sin is on the one who did it. As for him, there is no sin on him if he was not pleased and did not give permission. He should will that he be buried in proper graves. He should will it, and strive to be buried in proper graves that are far from being built over. This is what is obligatory. He should will to his family and relatives, instructing them and warning them. Yes.

The presenter : May Allah reward you with good, and may He do you good.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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