BURIED

BURIED:

35:22 - Nor are alike those that are living and those that are dead. Allah can make any that He wills to hear; but thou canst not make those to hear who are (buried) in graves. 3905

3905 The final contrast is between the Living and the Dead; those whose future has in it the promise of growth and fulfilment, and those who are inert and on the road to perish. With Allah everything is possible: He can give Life to the Dead. But the human Teacher should not expect that people who are (spiritually) dead and buried will by any chance hear his call. (35.22)

Fiqh-us-Sunnah
Fiqh 4.77

Muslim scholars agree that a place where a Muslim is buried should not be disturbed if flesh, bones, or other parts of the body remain there. If any of his other remains are found it is not permissible to disturb them. But if the entire corpse has disintegrated into dust, then a new grave may be dug there. Also, in such a case it is permissible to use the land for planting, cultivation, building, and for other beneficial purposes. If the remains of a body, such as bones, are found during the digging, then the digging should be stopped. And if the remains are found after the digging is finished, then it is quite permissible to place these to one side in the grave and bury another body beside them.

SEE: Fiqh-us-Sunnah
Fiqh 4.78

Transfering the Body from One Place to Another

The Ash-Shafi'i school considers it unlawful to transfer the body of a deceased from one country or town to another unless it is to Makkah, Madinah or Jerusalem. It is permissible to remove the body to one of these cities because of their special significance and position.If someone leaves instructions in his or her will that he or she be buried in a place other than these three cities, the will may not be executed, because it could delay the burial and cause the body to deteriorate. Likewise transferring the body from one grave to another is prohibited unless there is a valid reason for doing so, for example, if the deceased was buried without a proper wash, or was buried without tuming the deceased's face toward the qiblah, or the grave was damaged by flood or dampness.

It is stated in Al-Minhaj that digging up a grave after burial either for removing the body or for any other reason is prohibited unless there is genuine reason for it. such as when a deceased person is buried without a wash or is buried in a usurped cloth or land or something of value is left in the grave or the deceased was buried without facing the qiblah.

The Maliki school holds it permissible to remove the body from one place to another, before or after the burial, for a genuine reason, for example, when it is feared that the body of a deceased may be drowned in the sea or eaten up by wild animals, or when relatives want to bury the deceased nearby so that they may visit it more easily, or in order to seek the blessings of the place to which the body is removed. In all such cases, transferring of the body from one place to another is permissible provided its sanctity is not affected, e.g., it does not bloat, does not decompose or its bones do not break.

The Hanafi school considers the removal of a body from one place to another undesirable, and holds it preferable to bury a person at the place of death. The body may be taken for a mile or two for burial, for that is the usual distance to a cemetery. After the burial removing the body without a genuine reason is not permissible as mentioned above. If a woman's son dies and he is buried in her absence in another town, and she was impatient and wanted to remove his body to her own town, her request may not be heeded.

The Hanbali school considers it desirable to bury a martyr at the place where he or she is killed. Ahmad said, "As to those who are slain, a hadith reported by Jabir from the Prophet, peace be upon him, says: 'Bury the martyrs wherever they are killed'." Ibn Majah reported: "The Prophet, peace be upon him, ordered that the martyrs of the Battle of Uhud be returned and buried at the places where they had fallen." As for the others, they are not to be removed from one town to another without a valid cause. This is the opinion of AlAwza'i and Ibn al-Mundhir. Abdallah ibn Malikah said: "Abd-ur Rahman ibn Abu Bakr died in Abyssinia and his body was carried to Makkah where he was buried. When 'Aishah visited his grave she said: 'By Allah! Had I been there when you died, I would not have allowed you to be buried anywhere except at the place where you had died. And had I seen you there, I would not have visited you'." Burying the deceased at the place of death is easier and more secure against deterioration of the physical remains. It is permissible, however, to remove the body from one place to another in case there is a valid reason.

Ahmad said: "I do not know of any harm in transferring the deceased from one town to another." When Az-Zuhri was asked about that, he said, "The bodies of Sa'd ibn Abi Waqqas and Sa'id ibn Zaid were removed from al-'Aqiq to Madinah."

Fiqh-us-Sunnah
Fiqh 4.75b

The Preference of being Buried in Cemeteries

Ibn Qudamah said: "A burial in a cemetery is better for a servant of Allah than being buried in home, for this is less harmful to survivors in his family, is more like the dwellings of the hereafter, and is more suitable a place for making supplications for forgiveness and mercy for the dead. The Companions, their Successors, and those after them buried their dead in the deserts in cemeteries.

Some people may ask: "Why then were the Prophet, peace be upon him, and his two Companions buried in his home?" In answer to this we would refer to the statement of 'Aishah in which she said: "This was done lest the grave of the Prophet be turned into a mosque.'' (Bukhari) The Prophet, peace be upon him, buried his Companions in the cemetery of "al-Baqi' in Madinah and surely his action is more preferable than someone else's action. The Companions of the Prophet regarded his burial arrangements as a special case for him because, as reported in a tradition "the Prophets are buried at the place they die," and because burying him at his home distinguished his grave from those of others, and protected it from being exposed to great numbers of people, he was buried at home.

When asked about a man who had instructed in his will that he be buried in his house, Ahmad said: "He should be buried with Muslims in their cemetery."

Sahih Al-Bukhari Hadith
Hadith 5.50 Narrated by
Amr bin Maimun

I saw 'Umar bin Al-Khattab a few days before he was stabbed in Medina. He was standing with Hudhaifa bin Al-Yaman and 'Uthman bin Hunaif to whom he said, "What have you done? Do you think that you have imposed more taxation on the land (of As-Swad, i.e. 'Iraq) than it can bear?" They replied, "We have imposed on it what it can bear beCause of its great yield." 'Umar again said, "Check whether you have imposed on the land what it cannot bear." They said, "No, (we haven't)." 'Umar added, "If Allah should keep me alive I will let the widows of Iraq need no men to support them after me." But only four days had elapsed when he was stabbed (to death). The day he was stabbed, I was standing and there was nobody between me and him (i.e. Umar) except Abdullah bin 'Abbas. Whenever 'Umar passed between the two rows, he would say, "Stand in straight lines."

When he saw no defect (in the rows), he would go forward and start the prayer with Takbir. He would recite Surat Yusuf or An-Nahl or the like in the first Rak'a so that the people may have the time to Join the prayer. As soon as he said Takbir, I heard him saying, "The dog has killed or eaten me," at the time he (i.e. the murderer) stabbed him. A non-Arab infidel proceeded on carrying a double-edged knife and stabbing all the persons he passed by on the right and left (till) he stabbed thirteen persons out of whom seven died. When one of the Muslims saw that, he threw a cloak on him. Realizing that he had been captured, the non-Arab infidel killed himself. 'Umar held the hand of 'Abdur-Rahman bin Auf and let him lead the prayer.

Those who were standing by the side of 'Umar saw what I saw, but the people who were in the other parts of the mosque did not see anything, but they lost the voice of 'Umar and they were saying, "Subhan Allah! Subhan Allah! (i.e. Glorified be Allah)." Abdur-Rahman bin Auf led the people a short prayer. When they finished the prayer, 'Umar said, "O Ibn 'Abbas! Find out who attacked me." Ibn 'Abbas kept on looking here and there for a short time and came to say. "The slave of Al Mughira." On that 'Umar said, "The craftsman?" Ibn 'Abbas said, "Yes." 'Umar said, "May Allah curse him. I did not treat him unjustly. All the praises are for Allah Who has not Caused me to die at the hand of a man who claims himself to be a Muslim. No doubt, you and your father (Abbas) used to love to have more non-Arab infidels in Medina." Al-Abbas had the greatest number of slaves. Ibn 'Abbas said to 'Umar. "If you wish, we will do." He meant, "If you wish we will kill them." 'Umar said, "You are mistaken (for you can't kill them) after they have spoken your language, prayed towards your Qibla, and performed Hajj like yours."

Then Umar was carried to his house, and we went along with him, and the people were as if they had never suffered a calamity before. Some said, "Do not worry (he will be all right soon)." Some said, "We are afraid (that he will die)." Then an infusion of dates was brought to him and he drank it but it came out (of the wound) of his belly. Then milk was brought to him and he drank it, and it also came out of his belly. The people realized that he would die. We went to him, and the people came, praising him. A young man came saying, "O chief of the believers! Receive the glad tidings from Allah to you due to your company with Allah's Apostle and your superiority in Islam which you know. Then you became the ruler (i.e. Caliph) and you ruled with justice and finally you have been martyred." 'Umar said, "I wish that all these privileges will counterbalance (my shortcomings) so that I will neither lose nor gain anything."

When the young man turned back to leave, his clothes seemed to be touching the ground. 'Umar said, "Call the young man back to me." (When he came back) 'Umar said, "O son of my brother! Lift your clothes, for this will keep your clothes clean and save you from the punishment of your Lord." 'Umar further said, "O 'Abdullah bin 'Umar! See how much I am in debt to others." When the debt was checked, it amounted to approximately eighty-six thousand. 'Umar said, "If the property of 'Umar's family covers the debt, then pay the debt thereof; otherwise request it from Bani 'Adi bin Ka'b, and if that too is not sufficient, ask for it from Quraish tribe, and do not ask for it from any one else, and pay this debt on my behalf."

'Umar then said (to 'Abdullah), "Go to 'Aisha (the mother of the believers) and say: "Umar is paying his salutation to you. But don't say: 'The chief of the believers,' beCause today I am not the chief of the believers. And say: "Umar bin Al-Khattab asks the permission to be buried with his two companions (i.e. the Prophet, and Abu Bakr)." Abdullah greeted 'Aisha and asked for the permission for entering, and then entered to her and found her sitting and weeping. He said to her, "'Umar bin Al-Khattab is paying his salutations to you, and asks the permission to be buried with his two companions." She said, "I had the idea of having this place for myself, but today I prefer 'Umar to myself." When he returned it was said (to 'Umar), "'Abdullah bin 'Umar has come." 'Umar said, "Make me sit up." Somebody supported him against his body and 'Umar asked ('Abdullah), "What news do you have?" He said, "O chief of the believers! It is as you wish. She has given the permission." 'Umar said, "Praise be to Allah, there was nothing more important to me than this. So when I die, take me, and greet 'Aisha and say: "Umar bin Al-Khattab asks the permission (to be buried with the Prophet), and if she gives the permission, bury me there, and if she refuses, then take me to the grave-yard of the Muslims."

Then Hafsa (the mother of the believers) came with many other women walking with her. When we saw her, we went away. She went in (to 'Umar) and wept there for sometime. When the men asked for permission to enter, she went into another place, and we heard her weeping inside. The people said (to 'Umar), "O chief of the believers! Appoint a successor." Umar said, "I do not find anyone more suitable for the job than the following persons or group whom Allah's Apostle had been pleased with before he died." Then 'Umar mentioned 'Ali, 'Uthman, AzZubair, Talha, Sad and 'Abdur-Rahman (bin Auf) and said, "Abdullah bin 'Umar will be a witness to you, but he will have no share in the rule. His being a witness will compensate him for not sharing the right of ruling. If Sad becomes the ruler, it will be alright: otherwise, whoever becomes the ruler should seek his help, as I have not dismissed him beCause of disability or dishonesty." 'Umar added, "I recommend that my successor takes care of the early emigrants; to know their rights and protect their honor and sacred things.

I also recommend that he be kind to the Ansar who had lived in Medina before the emigrants and belief had entered their hearts before them. I recommend that the (ruler) should accept the good of the righteous among them and excuse their wrong-doers, and I recommend that he should do good to all the people of the towns (Al-Ansar), as they are the protectors of Islam and the source of wealth and the source of annoyance to the enemy. I also recommend that nothing be taken from them except from their surplus with their consent. I also recommend that he do good to the 'Arab bedouin, as they are the origin of the 'Arabs and the material of Islam. He should take from what is inferior, amongst their properties and distribute that to the poor amongst them. I also recommend him concerning Allah's and His Apostle's protectees (i.e. Dhimmis) to fulfill their contracts and to fight for them and not to overburden them with what is beyond their ability." So when 'Umar expired, we carried him out and set out walking. 'Abdullah bin 'Umar greeted ('Aisha) and said, "'Umar bin Al-Khattab asks for the permission." 'Aisha said, "Bring him in." He was brought in and buried beside his two companions.

When he was buried, the group (recommended by 'Umar) held a meeting. Then 'Abdur-Rahman said, " Reduce the candidates for rulership to three of you." Az-Zubair said, "I give up my right to Ali." Talha said, "I give up my right to 'Uthman," Sad, 'I give up my right to 'Abdur-Rahman bin 'Auf." 'Abdur-Rahman then said (to 'Uthman and 'Ali), "Now which of you is willing to give up his right of candidacy to that he may choose the better of the (remaining) two, bearing in mind that Allah and Islam will be his witnesses." So both the sheiks (i.e. 'Uthman and 'Ali) kept silent. 'Abdur-Rahman said, "Will you both leave this matter to me, and I take Allah as my Witness that I will not choose but the better of you?" They said, "Yes." So 'Abdur-Rahman took the hand of one of them (i.e. 'Ali) and said, "You are related to Allah's Apostle and one of the earliest Muslims as you know well. So I ask you by Allah to promise that if I select you as a ruler you will do justice, and if I select 'Uthman as a ruler you will listen to him and obey him." Then he took the other (i.e. 'Uthman) aside and said the same to him. When 'Abdur-Rahman secured (their agreement to) this covenant, he said, "O 'Uthman! Raise your hand." So he (i.e. 'Abdur-Rahman) gave him (i.e. 'Uthman) the solemn pledge, and then 'Ali gave him the pledge of allegiance and then all the (Medina) people gave him the pledge of allegiance.

rFiqh 4.61

Burial is a Collective Obligation

Sahih Al-Bukhari Hadith
Hadith 9.428 Narrated by
Hishams father'Aisha said to 'Abdullah bin Az-Zubair, "Bury me with my female companions (i.e. the wives of the Prophet) and do not bury me with the Prophet in the house, for I do not like to be regarded as sanctified (just for being buried there).)

Al-Muwatta Hadith
Hadith 16.27

Burying theDead

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, died on Monday and was buried on Tuesday and people prayed over him individually with no one leading them. Some people said that he would be buried near the mimbar, and others said that he would be buried in al-Baqi. Abu Bakr as-Siddiq came and said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'No prophet was ever buried except in the place where he died.' "So a grave was dug for him there. When he was about to be washed they wished to take off his shirt but they heard a voice saying "Don't take off his shirt," so they did not take off his shirt and he was washed with it on, may Allah bless him and grant him peace.

Fiqh-us-Sunnah
Fiqh 4.75a

A non-Muslim Woman who Dies while Carrying a Child by a Muslim is to be Buried in a Separate Grave

Al-Baihaqi reported from Wathilah bin al-Asqa' that he buried a Christian woman bearing the child of a Muslim in a cemetery that belonged to neither Muslims nor Christians. Ahmad supports this opinion because he says that the woman being a disbeliever, cannot be buried in a cemetery of Muslims, for they would suffer because of her punishment, nor can she be buried in a Christian cemetery because her fetus, which is a Muslim, would suffer by their punishment.

Sahih Al-Bukhari Hadith
Hadith 2.407 Narrated by
Ibn Abbas

Allah's Apostle passed by a grave of a deceased who had been buried at night. He said, "When was this (deceased) buried?" The people said, "Yesterday." He said, "Why did you not inform me?" They said, "We buried him when it was dark and so we disliked to wake you up." He stood up and we lined up behind him. (Ibn Abbas said): I was one of them, and the Prophet offered the funeral prayer.

Fiqh-us-Sunnah
Fiqh 4.73

Burying More than One Body in One Grave

From the example of early generations, we learn that one body is to be buried in a grave. It is disliked if more than one body is buried in a grave, unless there is a large number of corpses, and there is a scarcity of graves, and it is impossible to bury them separately. In such a case, it is permissible to bury more than one body in a grave. This is based on a hadith reported by Ahmad and Tirmidhi, who said, "The Ansar came to the Prophet, peace be upon him, on the day of the Battle of Uhud, saying: 'O Allah's Messenger! We are afflicted with physical injury and we are tired, what do you command us to do?' The Prophet, peace be upon him, said: 'Dig it, enlarge it, and deepen it, then place two or three men in one grave.' They asked: 'Whom should we put in first?' He said: 'The one who knows the most Qur'an'." Tirmidhi stated that it is a sound hadith. 'Abd-ur Razzaq reported from Wathilah ibn al-Asqa' with a sound chain of narrators that, "a man and a woman were buried together in the same grave. The man would be placed first, and then the woman behind him."