Ruling on exchanging or selling land endowed as a cemetery
Machine translationRead the Arabic original
This is a question from the listener Muhammad Ahmad Ali Za'ban from Tihama, 'Asir, the land of Rijal 'Alam. He says: I had a piece of land, and I donated it as a cemetery for the neighboring village, seeking nothing from it but the Face of Allah (Mighty and Majestic). However, several matters occurred that caused me to be perplexed. The owner of the land adjacent to the land I donated was harmed by it, as the water from the cemetery, from rain and other sources, flows onto his land, which is located on the lower side of the affected brother's farm. Also, its location is not suitable to be a cemetery, and I did not notice this until after I had donated it, as it is located in the village square and livestock pass through it. Even if we could make another path for the livestock, we cannot guarantee its safety from these livestock grazing there from one moment to another. Therefore, I ask your eminence: Is it permissible for me to take it back and exchange it for another piece of land from my own wealth to be a cemetery in a better location? Or should I sell it and donate its price? Please inform us, may Allah reward you with the best reward?
Answer: If the land mentioned has not yet been used for burial and something better than it is available, then you exchange it. If it is easy to exchange it for something better than it or its equivalent in a safer location than this one, where it does not harm its neighbor or cause the livestock to desecrate it, then you place it in another location. You designate another suitable piece of land, better than this one, and you take back this land. Or you sell it and buy with its price a suitable piece of land to make it a cemetery for the town in a suitable place. However, if burial and interment have already taken place in it, then it should be fenced in, and the flow of its water and rain onto its neighbor should be prevented. A wall should be built between it and the neighbor so that it does not harm him, and it should be fenced in regarding the dead within it, and praise be to Allah.
The presenter: May Allah reward you with good.
Answer: If the land mentioned has not yet been used for burial and something better than it is available, then you exchange it. If it is easy to exchange it for something better than it or its equivalent in a safer location than this one, where it does not harm its neighbor or cause the livestock to desecrate it, then you place it in another location. You designate another suitable piece of land, better than this one, and you take back this land. Or you sell it and buy with its price a suitable piece of land to make it a cemetery for the town in a suitable place. However, if burial and interment have already taken place in it, then it should be fenced in, and the flow of its water and rain onto its neighbor should be prevented. A wall should be built between it and the neighbor so that it does not harm him, and it should be fenced in regarding the dead within it, and praise be to Allah.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
