The village has no mosque except one that contains a grave, so should I leave off the congregation and the Friday prayer?
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This is a letter we received from the Arab Republic of Egypt, from the Beheira Governorate, from the questioner Muhammad Al-Alwani. He says in his letter: What is the ruling on praying in mosques that contain graves, given that there is no mosque in our village except one that has a grave? What is the ruling if I leave off the congregational prayer or the Friday prayer, given that we cannot remove these graves because they belong to the Ministry of Awqaf, as he says?
Answer: The Messenger (peace and blessings be upon him) forbade praying at graves and cursed the Jews and the Christians for making mosques over graves. He said, (peace and blessings be upon him): Al-Bukhari and Muslim recorded it in the two Sahihs. And he said, (peace and blessings be upon him): Sahih Muslim 532 Muslim recorded it in his Sahih from Jundub ibn Abdullah al-Bajali, and in the two Sahihs: from Umm Salama and Umm Habiba (may Allah be pleased with them both) So he informed them that by this action they are the worst of creation because they build mosques over the graves of the righteous and depict their images on them. This is the work of the worst of creation. So it is obligatory for the rulers of the Muslims and the notables of the Muslims to cooperate in this matter, and that no mosque be built over a grave and that no dead person be buried in a mosque. Rather, the graveyards are separate and the mosques are separate. This is the Sunnah of the Muslims, and this is what is prescribed, which the Messenger (peace and blessings be upon him) explained to the Ummah. So the Messenger (peace and blessings be upon him) and the Muslims used to bury in al-Baqi' in Madinah, and his mosque (peace and blessings be upon him) did not have graves in it. But when the mosque was expanded in the era of al-Walid ibn Abd al-Malik at the end of the first century, al-Walid included the chamber in the Prophet's Mosque. So some people, due to their ignorance, thought that it is permissible to make graves in mosques or to build over them, and this is ignorance, and contrary to what came from the Prophet (peace and blessings be upon him). Indeed, the Messenger (peace and blessings be upon him) was not buried in the mosque, but rather he was buried in his house, in the house of Aisha. And likewise, his two companions Abu Bakr and Umar (may Allah be pleased with them both) were buried with him. And in the expansion that al-Walid ibn Abd al-Malik did, he included the entire chamber in the mosque. So the Messenger (peace and blessings be upon him) was buried in his house, and likewise his two companions, and they were not buried in the mosque. So it is not befitting for a person of intellect to argue with this regarding what those people did who erred and contradicted the Sunnah, so they built over graves and made mosques over them, or buried in mosques. All of this is an error, and it is not permissible to pray in mosques that have graves in them. One does not pray in them if the grave is inside the mosque. As for if the grave is outside the mosque, to its right or left, or in front of it behind a wall in front, then that does not harm. But if it is in the mosque, in the mosque itself, then one does not pray in this mosque. And it is obligatory for the rulers, the rulers of the Muslims, to look into the matter. If the mosque is the later one, the one that was built over the grave, it is demolished, and the graves are left exposed for the Muslims to bury in the land where the graves are, and they are left exposed, not roofed over and not built upon, so that Muslims can bury in them and visit them and supplicate for their people with forgiveness and mercy. And mosques are built in locations that do not have graves.
As for if the grave is the later one and the mosque is prior, then the grave is dug up and its remains are taken out of the mosque, and the remains are placed in the public graveyard. A hole is dug for the remains and the remains are placed in the hole, and its surface is leveled like a grave, so that the mosque is freed from these newly introduced graves in it. And if the graves in the mosques are dug up and their remains are transferred to the public graveyards, then prayer is performed in these mosques, and praise be to Allah. If the mosques are the first, the old ones, and the grave is a later addition, then the grave is dug up and the remains are taken out and placed in the public graveyard, and praise be to Allah.
As for if the grave is the original and the mosque was built over it, then the scholars have stated that it is demolished; because it was founded on other than taqwa, so it must be removed, and the graves must be free of places of prayer. One does not pray at them or in them; because the Messenger (peace and blessings be upon him) forbade this, and because praying at them is a means to shirk (associating partners with Allah). Praying at them is a means to calling upon other than Allah, and to prostrating to them, and to seeking aid from them. For this reason, the Prophet (peace and blessings be upon him) forbade this, and he blocked the means that lead to shirk. May the best of prayers and peace be upon him from his Lord. Yes.
The presenter: May Allah reward you.
Answer: The Messenger (peace and blessings be upon him) forbade praying at graves and cursed the Jews and the Christians for making mosques over graves. He said, (peace and blessings be upon him):
May Allah curse the Jews and the Christians who took the graves of their prophets as mosques. Aisha (may Allah be pleased with her) said: He warned against what they did.
لعن الله اليهود والنصارى اتخذوا قبور أنبيائهم مساجد، قالت عائشة رضي الله عنها: يحذر ما صنعواBeware 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 ذلكThat they mentioned to the Prophet (peace and blessings be upon him) a church they saw in the land of Abyssinia and the images in it, so the Prophet (peace and blessings be upon him) said: Those people, when a righteous man dies among them, they build a mosque over his grave and depict those images in it. Those are the worst of creation in the sight of Allah.
أنهما ذكرتا للنبي ﷺ كنيسة رأتاها في أرض الحبشة وما فيها من الصور، فقال النبي ﷺ: أولئك إذا مات فيهم الرجل الصالح بنوا على قبره مسجداً وصوروا فيه تلك الصور، أولئك شرار الخلق عند اللهAs for if the grave is the later one and the mosque is prior, then the grave is dug up and its remains are taken out of the mosque, and the remains are placed in the public graveyard. A hole is dug for the remains and the remains are placed in the hole, and its surface is leveled like a grave, so that the mosque is freed from these newly introduced graves in it. And if the graves in the mosques are dug up and their remains are transferred to the public graveyards, then prayer is performed in these mosques, and praise be to Allah. If the mosques are the first, the old ones, and the grave is a later addition, then the grave is dug up and the remains are taken out and placed in the public graveyard, and praise be to Allah.
As for if the grave is the original and the mosque was built over it, then the scholars have stated that it is demolished; because it was founded on other than taqwa, so it must be removed, and the graves must be free of places of prayer. One does not pray at them or in them; because the Messenger (peace and blessings be upon him) forbade this, and because praying at them is a means to shirk (associating partners with Allah). Praying at them is a means to calling upon other than Allah, and to prostrating to them, and to seeking aid from them. For this reason, the Prophet (peace and blessings be upon him) forbade this, and he blocked the means that lead to shirk. May the best of prayers and peace be upon him from his Lord. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
