Ruling on praying in a building constructed in a cemetery
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The fifth message in this session came from the questioner Muhammad ibn Abd al-Rahman al-Khumeis. He says: There is a group who pray in a mosque on the second and third floors of a building constructed on a cemetery. Is their prayer there permissible so that they may continue in it, or not? Please inform us; may Allah reward you.
Answer: If the building is independent and there are no graves in the place of prayer, then the prayer is valid if they pray on the first floor, the second floor, or the third floor. If they pray on these floors, whether the first, second, or third, the prayer is valid. However, if the graves are in the same floors, or in the first floor, and they pray in the first floor, then the prayer at the graves and between the graves is not valid. The Prophet (peace and blessings be upon him) said:Sahih Muslim 532, and he said: Sahih Muslim 529. Even if there are graves around it, as long as the land is sound, the land is sound and has no graves in it.
The presenter: The land of the building.
The Shaykh: The land of the building, on which the building was constructed, is sound of graves, but there are graves around it, in front of it, behind it, to its right, or to its left. That does not harm it, if the land is sound and does not contain the cemetery.
However, if the land is part of the cemetery and they seized it, then it becomes invalid. One does not pray in the building, not on the first floor, nor the second, nor the third; because it is attached to the cemetery and seized, so it is not permissible for them to remain in it, nor is it permissible to pray in it. Rather, it must be removed from the cemetery; because this is injustice and aggression upon the cemetery. Yes.
The presenter: May Allah reward you.
Answer: If the building is independent and there are no graves in the place of prayer, then the prayer is valid if they pray on the first floor, the second floor, or the third floor. If they pray on these floors, whether the first, second, or third, the prayer is valid. However, if the graves are in the same floors, or in the first floor, and they pray in the first floor, then the prayer at the graves and between the graves is not valid. The Prophet (peace and blessings be upon him) said:
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 ذلكAllah cursed the Jews and the Christians that they took the graves of their prophets as mosques
لعن الله اليهود والنصارى اتخذوا قبور أنبيائهم مساجدThe presenter: The land of the building.
The Shaykh: The land of the building, on which the building was constructed, is sound of graves, but there are graves around it, in front of it, behind it, to its right, or to its left. That does not harm it, if the land is sound and does not contain the cemetery.
However, if the land is part of the cemetery and they seized it, then it becomes invalid. One does not pray in the building, not on the first floor, nor the second, nor the third; because it is attached to the cemetery and seized, so it is not permissible for them to remain in it, nor is it permissible to pray in it. Rather, it must be removed from the cemetery; because this is injustice and aggression upon the cemetery. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.