Ruling on raising graves to bury more than one deceased person
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Question:
From the listening brother: Muhammad Subhi Mahmoud Karim, an Egyptian teacher. His message began as follows: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and we send prayers and peace upon our Prophet and Messenger Muhammad ibn Abdullah, his family, and those who follow him.
To the noble scholars and those in charge of the program *Nur 'ala al-Darb*: Peace be upon you, and Allah's mercy and blessings. I ask Allah for you a great reward, that He guide through you and benefit through you, that He bring you to the ultimate desired goal, and that He crown you with the crown of acceptance for what you present for Islam and Muslims. He is the One capable of that and able to do it. And after that:
In most of the villages and cities of Egypt, we suffer from the problem of limited space in graves, as they are designated in specific places, and it is not permissible to leave their location, especially in the Delta lands, meaning the lands far from the desert. This has forced people to build them and raise them more than a meter above the ground in some cases; this is to bury a number of deceased people in each grave. What is the ruling on this? And what do we do if we want to do the right thing by not building them, but we do not find the conditions that help us to do so? Give us a ruling, may you be rewarded, may Allah reward you, and may Allah reward you with good.
Answer:
O dear brother! We ask Allah for you a reward for your supplications, and we ask Allah to accept your supplications from you, and to reward us and you, and to make us and you among the righteous servants of Allah. He is the best of those asked.
As for graves, it is obligatory that they not be built; this is the obligation. They should be dug in the ground and deepened; this is the obligation. Because it is established from the Messenger of Allah (peace and blessings be upon him) in the hadith of Jabir ibn Abdullah al-Ansari (may Allah be pleased with them both) in *Sahih Muslim*: "That he prohibited plastering graves and building on them." And he cursed the Jews and Christians for taking mosques over graves, and informed that they are the worst of creation by this act, which is building on graves and taking mosques over them.
So it is obligatory for the people of Islam in Egypt, and in other than Egypt; it is obligatory upon them to dig graves in the ground and deepen them to about half a qamah (height of a person) so that their smell does not appear, and so that dogs and the like do not dig them up. If the town has no place for digging because it is hard and rocky, there is no harm in burying on its surface and enclosing it; in order to preserve it from dogs and others, and to protect it. Because Allah says: [al-Taghabun: 16], [al-Baqarah: 286].
So building in that case is for preservation, not for exalting them or exaggerating in them, but for preserving them from the appearance of bad smells, from being desecrated, and from wild animals eating them. So there is no harm to the extent of need, to the extent of need only and necessity. But with the ability to dig, building is not permissible, not a meter or otherwise. It must be in the ground, and it should be made clear to people, raised by the width of a shibr (hand span) approximately. Its earth should be on every grave, its earth, and upon it the markers at its edges so that it is known that it is a grave. And if it is sprinkled and made flat, that is better. This is what is prescribed for graves. But whoever cannot do that because the ground cannot be dug, he is excused to the extent of need only. Yes.
The presenter: May Allah reward you with good. If the ground is the opposite of that, O Shaykh, and the soil crumbles and does not hold together, what is the solution that Your Eminence sees?
The Shaykh: If the ground is weak and digging cannot be done in it because of its weakness and collapse; he places what preserves the deceased, such as slabs or stones or the like of what preserves the deceased, so that the grave does not collapse with him. He does what the believer is able to do, of slabs or wood, or iron; the intent is what he is able to use to preserve the deceased, so that the grave does not collapse with him. Yes.
The presenter: And the matter is facilitated in these times, and praise be to Allah?
The Shaykh: According to ability, according to ability, [al-Taghabun: 16].
The presenter: May Allah reward you.
The Shaykh: Yes.
The presenter: May Allah reward you with good.
The Shaykh: And you likewise.
The presenter: I hope that our brothers understand this answer well, and that they listen to it more than once, for it is of the utmost clarity. May Allah reward everyone with all good.
The Shaykh: Amen. No doubt that this is important. We ask Allah for success for everyone.
The presenter: O Allah, amen.
The Shaykh: Yes.
The presenter: O Allah, amen.
The Shaykh: Then we repeat it again.
The presenter: May Allah reward you.
The Shaykh: The warning against building on graves, which the Jews and Christians did. It is not permissible to build mosques on them, nor domes, nor anything else; because this building is among the causes of shirk (associating partners with Allah) and exaggeration, as the Jews and Christians did, and as their like among the worshippers of graves did, who thought that this was prescribed. So they took mosques over graves, exaggerated in them, called upon their inhabitants for aid, made vows to them, and circumambulated their graves. And this is the great affliction, this is major shirk.
The Prophet (peace and blessings be upon him) said:Sahih Muslim 529, and he said (peace and blessings be upon him), when Umm Habiba and Umm Salama informed him of a church in the land of Abyssinia and the images in it: Sahih al-Bukhari 434 He ruled that they are the worst of creation.
So it is obligatory to be cautious. And in the authentic hadith - *Sahih Muslim* - from Jundub ibn Abdullah al-Bajali (may Allah be pleased with him) from the Prophet (peace and blessings be upon him) that he said:Sahih Muslim 532
And this is a great prohibition for three reasons:
First: The condemnation of those who did that from the Jews and Christians and others, and this is a warning against imitating them.
Second: His saying:Sahih Muslim 532 This is an explicit prohibition Sahih Muslim 532.
Third: His saying:As-Sunan al-Kubra lil-Nasa'i 65:145 So this - also - is an emphasis of the prohibition by his saying: As-Sunan al-Kubra lil-Nasa'i 65:145.
So it is obligatory to be cautious. The secret in this - and Allah knows best - as is known among the people of knowledge, is that it is a means to shirk. That this building, and this image-making on them, is among the causes of shirk with them, and taking their inhabitants as gods alongside Allah, as has happened to the Jews and Christians and others. So it is necessary to be cautious of that, and that no mosque or anything else be built on the grave, nor a dome or anything else, and that no one be called upon besides Allah, nor called upon for aid, nor circumambulated, nor the like of that.
Worship is the right of Allah alone. He is the One who is called upon and hoped for, and to whom prayer is offered, and to whom prostration is made, and to whom vows are made, and to whom sacrifice is slaughtered. Allah the Exalted said: [al-An'am: 162] meaning: Say, O Muhammad, to the people: [al-An'am: 162] meaning: My sacrifice and my worship [Al-An'am 6:162] "There is no partner for Him, and thus I have been commanded, and I am the first of the Muslims" [al-An'am: 162-163]. Thus Allah commanded him to convey to the people, (peace and blessings be upon him).
And He the Exalted said:[Al-Kawthar 108:1] "So pray to your Lord and sacrifice" [al-Kawthar: 1-2]. And He the Exalted said: [al-Hajj: 29]. Circumambulation of the Ancient House. Graves are not circumambulated. Circumambulation of graves is worship of them besides Allah, and shirk with Allah (Glorified and Exalted is He) . So if one circumambulates to draw near to the deceased by circumambulation, or prays to him, or prostrates to him, or says: O my master, help me, or help me, or heal my sick, or I am under your protection; all of this is shirk with Allah, all of this is worship of other than Him (Glorified and Exalted is He) . So it is obligatory to be cautious to the utmost caution. We ask Allah for guidance for everyone.
The presenter: O Allah, amen. May Allah reward you with good.
From the listening brother: Muhammad Subhi Mahmoud Karim, an Egyptian teacher. His message began as follows: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and we send prayers and peace upon our Prophet and Messenger Muhammad ibn Abdullah, his family, and those who follow him.
To the noble scholars and those in charge of the program *Nur 'ala al-Darb*: Peace be upon you, and Allah's mercy and blessings. I ask Allah for you a great reward, that He guide through you and benefit through you, that He bring you to the ultimate desired goal, and that He crown you with the crown of acceptance for what you present for Islam and Muslims. He is the One capable of that and able to do it. And after that:
In most of the villages and cities of Egypt, we suffer from the problem of limited space in graves, as they are designated in specific places, and it is not permissible to leave their location, especially in the Delta lands, meaning the lands far from the desert. This has forced people to build them and raise them more than a meter above the ground in some cases; this is to bury a number of deceased people in each grave. What is the ruling on this? And what do we do if we want to do the right thing by not building them, but we do not find the conditions that help us to do so? Give us a ruling, may you be rewarded, may Allah reward you, and may Allah reward you with good.
Answer:
O dear brother! We ask Allah for you a reward for your supplications, and we ask Allah to accept your supplications from you, and to reward us and you, and to make us and you among the righteous servants of Allah. He is the best of those asked.
As for graves, it is obligatory that they not be built; this is the obligation. They should be dug in the ground and deepened; this is the obligation. Because it is established from the Messenger of Allah (peace and blessings be upon him) in the hadith of Jabir ibn Abdullah al-Ansari (may Allah be pleased with them both) in *Sahih Muslim*: "That he prohibited plastering graves and building on them." And he cursed the Jews and Christians for taking mosques over graves, and informed that they are the worst of creation by this act, which is building on graves and taking mosques over them.
So it is obligatory for the people of Islam in Egypt, and in other than Egypt; it is obligatory upon them to dig graves in the ground and deepen them to about half a qamah (height of a person) so that their smell does not appear, and so that dogs and the like do not dig them up. If the town has no place for digging because it is hard and rocky, there is no harm in burying on its surface and enclosing it; in order to preserve it from dogs and others, and to protect it. Because Allah says:
So fear Allah as much as you are able
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْAllah does not charge a soul except [with that within] its capacity
لا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَاSo building in that case is for preservation, not for exalting them or exaggerating in them, but for preserving them from the appearance of bad smells, from being desecrated, and from wild animals eating them. So there is no harm to the extent of need, to the extent of need only and necessity. But with the ability to dig, building is not permissible, not a meter or otherwise. It must be in the ground, and it should be made clear to people, raised by the width of a shibr (hand span) approximately. Its earth should be on every grave, its earth, and upon it the markers at its edges so that it is known that it is a grave. And if it is sprinkled and made flat, that is better. This is what is prescribed for graves. But whoever cannot do that because the ground cannot be dug, he is excused to the extent of need only. Yes.
The presenter: May Allah reward you with good. If the ground is the opposite of that, O Shaykh, and the soil crumbles and does not hold together, what is the solution that Your Eminence sees?
The Shaykh: If the ground is weak and digging cannot be done in it because of its weakness and collapse; he places what preserves the deceased, such as slabs or stones or the like of what preserves the deceased, so that the grave does not collapse with him. He does what the believer is able to do, of slabs or wood, or iron; the intent is what he is able to use to preserve the deceased, so that the grave does not collapse with him. Yes.
The presenter: And the matter is facilitated in these times, and praise be to Allah?
The Shaykh: According to ability, according to ability,
So fear Allah as much as you are able
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْThe presenter: May Allah reward you.
The Shaykh: Yes.
The presenter: May Allah reward you with good.
The Shaykh: And you likewise.
The presenter: I hope that our brothers understand this answer well, and that they listen to it more than once, for it is of the utmost clarity. May Allah reward everyone with all good.
The Shaykh: Amen. No doubt that this is important. We ask Allah for success for everyone.
The presenter: O Allah, amen.
The Shaykh: Yes.
The presenter: O Allah, amen.
The Shaykh: Then we repeat it again.
The presenter: May Allah reward you.
The Shaykh: The warning against building on graves, which the Jews and Christians did. It is not permissible to build mosques on them, nor domes, nor anything else; because this building is among the causes of shirk (associating partners with Allah) and exaggeration, as the Jews and Christians did, and as their like among the worshippers of graves did, who thought that this was prescribed. So they took mosques over graves, exaggerated in them, called upon their inhabitants for aid, made vows to them, and circumambulated their graves. And this is the great affliction, this is major shirk.
The Prophet (peace and blessings be upon him) said:
Allah cursed the Jews and the Christians that they took the graves of their prophets as mosques
لعن الله اليهود والنصارى اتخذوا قبور أنبيائهم مساجدIf any righteous pious man dies amongst them, they would build a place of worship at his grave and make these pictures in it; they are the worst creatures in the sight of Allah.
أولئك إذا مات فيهم الرجل الصالح بنوا على قبره مسجدًا، وصوروا فيه تلك الصور، أولئك شرار الخلق عند اللهSo it is obligatory to be cautious. And in the authentic hadith - *Sahih Muslim* - from Jundub ibn Abdullah al-Bajali (may Allah be pleased with him) from the Prophet (peace and blessings be upon him) that he 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.. ألا فلا تتخذوا القبور مساجد فإني أنهاكم عن ذلكAnd this is a great prohibition for three reasons:
First: The condemnation of those who did that from the Jews and Christians and others, and this is a warning against imitating them.
Second: His saying:
but you must not take graves as mosques
فلا تتخذوا القبور مساجدbut you must not take graves as mosques
لا تتخذوا القبور مساجدThird: His saying:
For I forbid you from doing so.
فإني أنهاكم عن ذلكFor I forbid you from doing so.
فإني أنهاكم عن ذلكSo it is obligatory to be cautious. The secret in this - and Allah knows best - as is known among the people of knowledge, is that it is a means to shirk. That this building, and this image-making on them, is among the causes of shirk with them, and taking their inhabitants as gods alongside Allah, as has happened to the Jews and Christians and others. So it is necessary to be cautious of that, and that no mosque or anything else be built on the grave, nor a dome or anything else, and that no one be called upon besides Allah, nor called upon for aid, nor circumambulated, nor the like of that.
Worship is the right of Allah alone. He is the One who is called upon and hoped for, and to whom prayer is offered, and to whom prostration is made, and to whom vows are made, and to whom sacrifice is slaughtered. Allah the Exalted said:
Say, "Indeed, my prayer
قُلْ إِنَّ صَلاتِيIndeed, my prayer, my rites of sacrifice
إِنَّ صَلاتِي وَنُسُكِيmy living and my dying are for Allah, Lord of the worlds.
وَمَحْيَايَ وَمَمَاتِي لِلَّهِ رَبِّ الْعَالَمِينَ And He the Exalted said:
Indeed, We have granted you, [O Muhammad], al-Kawthar.
إِنَّا أَعْطَيْنَاكَ الْكَوْثَرَ Then let them end their untidiness and fulfill their vows and perform Tawaf around the ancient House."
ثُمَّ لْيَقْضُوا تَفَثَهُمْ وَلْيُوفُوا نُذُورَهُمْ وَلْيَطَّوَّفُوا بِالْبَيْتِ الْعَتِيقِThe presenter: O Allah, amen. May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.