The ruling on bequeathing burial in a specific place, and the ruling on carrying it out
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Question:
His other question says: Is it valid for a person to bequeath, while he is still alive, that he be buried in such-and-such a place, or next to such-and-such a person? And if any of that happens, are his family obligated to carry out his request to bury him where he bequeathed?
Answer:
There is nothing wrong with bequeathing to be buried in such-and-such a cemetery, or next to so-and-so; because he may have an intention in that; because they are among the righteous and the good, so there is nothing wrong with being buried with the righteous and the good, and if he bequeaths that, there is nothing wrong, and the executor must carry out this bequest if he is able to carry it out, if it is feasible to carry it out.
As for if it is not feasible to carry it out; due to his inability to do so, or the distance, or something similar, then there is no need to carry it out, and he is buried in any of the Muslim cemeteries, and praise be to Allah.
And if the cemetery is far from one town to another, there is no basis for this bequest, and there is no need to carry it out, rather he is buried in the cemetery of his town if it is Muslim, or in another cemetery of the Muslims, and that is sufficient, and there is no need for them to burden the estate with money to transport him by plane or otherwise, this is not needed, as long as there is a Muslim cemetery in which he can be buried, so praise be to Allah, and there is no need to carry out this bequest; because it is a bequest with no basis in the Shari'ah.
As for if burial in the cemetery he wanted is feasible on the edge of the town, at the outskirts of the town; because the town has cemeteries, and he chose one of them, then the matter in this is broad, and carrying it out is preferable, yes.
The presenter: Even if he chose the same grave, meaning: he is buried with another person in a grave.
The Shaykh: Yes, next to him, there is nothing wrong with being next to him.
The presenter: Next to him?
The Shaykh: Yes, if it is feasible.
The presenter: Yes?
The Shaykh: If this is feasible, it is preferable, yes.
The presenter: May Allah reward you with good.
His other question says: Is it valid for a person to bequeath, while he is still alive, that he be buried in such-and-such a place, or next to such-and-such a person? And if any of that happens, are his family obligated to carry out his request to bury him where he bequeathed?
Answer:
There is nothing wrong with bequeathing to be buried in such-and-such a cemetery, or next to so-and-so; because he may have an intention in that; because they are among the righteous and the good, so there is nothing wrong with being buried with the righteous and the good, and if he bequeaths that, there is nothing wrong, and the executor must carry out this bequest if he is able to carry it out, if it is feasible to carry it out.
As for if it is not feasible to carry it out; due to his inability to do so, or the distance, or something similar, then there is no need to carry it out, and he is buried in any of the Muslim cemeteries, and praise be to Allah.
And if the cemetery is far from one town to another, there is no basis for this bequest, and there is no need to carry it out, rather he is buried in the cemetery of his town if it is Muslim, or in another cemetery of the Muslims, and that is sufficient, and there is no need for them to burden the estate with money to transport him by plane or otherwise, this is not needed, as long as there is a Muslim cemetery in which he can be buried, so praise be to Allah, and there is no need to carry out this bequest; because it is a bequest with no basis in the Shari'ah.
As for if burial in the cemetery he wanted is feasible on the edge of the town, at the outskirts of the town; because the town has cemeteries, and he chose one of them, then the matter in this is broad, and carrying it out is preferable, yes.
The presenter: Even if he chose the same grave, meaning: he is buried with another person in a grave.
The Shaykh: Yes, next to him, there is nothing wrong with being next to him.
The presenter: Next to him?
The Shaykh: Yes, if it is feasible.
The presenter: Yes?
The Shaykh: If this is feasible, it is preferable, yes.
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.