Part 6

Q. 217. What is the ruling on praying in a Masjid in which there is a grave?

A. Prayer in a Masjid in which there is a grave is of two types:

1. That the grave existed before the Masjid, so that the Masjid was built over the grave. Then it is obligatory to leave this Masjid and not to pray in it, and it is incumbent upon the person who

_ built it to destroy it. If he did not do so, it is incumbent upon the person in authority over the Muslims to destroy it.

2. That the Masjid existed before the grave, so that the deceased

"1 The two areas where waste exits.

Fatawa Arkanul-Islam 448 PHY! OST sabi

person is buried in it after the building of the Masjid. In this case, it is obligatory to open the grave, removing the deceased, and burying him with the people.

As for the Masjid, it is permissible to pray in it, with the condition that the grave is not in front of the worshippers, because the Prophet #% prohibited praying towards graves.

As for the grave of the Prophet #% which has been encompassed by the Prophet’s Masjid, it is well known that the Masjid of the Prophet # was built before he died, so it was not built over the grave. It is also well known that the Prophet #% was not buried in it; he was buried in his house which was separate from the Masjid.

Then during the rule of Al-Walid bin ‘Abdul-Malik, he wrote to his Governor in Al-Madinah, who was ‘Umar bin ‘Abdul-’Aziz, in the year 88 A. H. to demolish the Prophet’s Masjid and incorporate the rooms of the Prophet’s wives into it.

So ‘Umar gathered the prominent people and the scholars of Islamic Jurisprudence and read to them the letter from the Commander of the Faithful, Al-Walid and this was unacceptable to some of them and they said: Leaving it as it is, is more worthy of consideration. It is reported that Sa’id bin Al-Musayyib rejected the inclusion of ‘Aishah’s chamber, as if he feared that the grave would be taken as a Masjid. So, ‘Umar wrote this to AlWalid, and Al-Walid sent him a reply ordering him to implement it, leaving ‘Umar with no choice in the matter.

So, you see that the grave of the Prophet #% was not placed in the Masjid, nor was the Masjid built over it. Therefore there is no proof in it for one who claims that it is lawful to bury the dead in the Masjids or to build them over the graves. It has been confirmed from the Prophet # that he said:

‘Allah cursed the Jews and Christians who took the graves of their

Fatawa Relating to Prayer 449 Bel! os ld

Prophets as places of worship."

He said that when he was close to death, as a warning to the people against doing what those people did. When Umm Salamah, may Allah be pleased with her, mentioned a church that she had seen in the lands of Ethiopia, and the pictures it contained, the Prophet #% said:

tbl Be SEI GIGS Gs] Mans 05 “Those people, if a righteous man among them died or a righteous

worshipper, they would build a Masjid over his grave. Those people are the most evil of creation in before Allan.’'*!

It is reported on the authority of Ibn Mas‘ud, may Allah be pleased with him, that the Prophet #¢ said:

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eles 5 fa Sgn “Verily, the most evil of people are those who will be overtaken by the Hour while they are alive and those who took the graves as places of worship.""*!

The believer does not accept the idea of following the way of the Jews and Christians, nor to be one of the most evil of people. Written on 7/4/1414 A. H.

") Reported by Al-Bukhari in the Book of Prayer, in the Chapter: The Hatefulness of Offering Prayers in Graveyards; and by Muslim in the Book of Masjids, in the Chapter: The Prohibition of Building Masjids Over Graves.

“1 Reported by Al-Bukhari in the Book of Funerals, in the Chapter: Building a Masjid Over a Grave; and by Muslim in the Book of Masjids, in the Chapter: The Prohibition of Building Masjids Over Graves.

Fatawa Arkanul-Islam 450 PIE YI ost cyl

Q. 218. What is the ruling on prayer on the roof of the bathroom? What is the ruling of prayer on the roof of places where polluted wastes are collected?

A. There is no objection to prayer on the roofs of our well known bathrooms, because our bathrooms are not separate buildings, so their roof is that of the whole house. There is no objection to prayer on the roofs of places where polluted wastes are collected, according to the generality of the words of the Prophet #8:

“The earth has been made a place of prayer for me (and my followers) and a place to perform Tayammum.’'"!

Q. 219. What is the ruling on those who walk in their shoes on the floor of the Sacred Masjid?

A. Walking on the floor of the Sacred Masjid in shoes is unbefitting, because it will open up the door to the general masses, who do not esteem the Masjid, so they will come wearing shoes which are soiled with water, or they might even be soiled with impurities which they bring into the Sacred Masjid and thereby defile it.

Something which the Islamic Law encourages, but it is feared that it will entail harm, then it is an obligation to beware of this harm and abandon it. The established rule of the scholars is: If beneficial things and harmful things are in conflict and they are both equal, or the harmful things produce more damage than the good produced by the beneficial things, then preventing harm is more important than bringing about good. And thus Prophet (i.e. Muhammad #%) wanted to level the Ka‘bah and rebuild it on the foundations of Ibrahim, peace be upon him,

") Reported by Al-Bukhari in the Book of Prayer.

Fatawa Relating to Prayer 451 Ball is slit

but because the people had recently abandoned disbelief, he left this recommended deed, due to the fear that it would cause harm. He said to ‘Aishah, may Allah be pleased with her:

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(abs Os py “If it were not that your people had recently abandoned disbelief, I would have levelled the Ka‘bah and rebuilt it upon the foundations of Ibrahim and made two doors for it: One door for the people to enter by and one door for them to leave by.”\"!

Q. 220. If it became clear to the worshipper that he deviated slightly from the Qiblah, should he repeat the prayer?

A. If he deviated only slightly, then it does not cause any harm. This is the case, except in the Sacred Masjid, because Qiblah for the worshipper in the Sacred Masjid is the Ka’bah itself. This is why the scholars have said that whoever is able to see the Ka’bah, it is an obligation upon him to face it directly. If it happened that a worshipper in the Sacred Masjid faced towards its general direction, but not towards the Ka’‘bah itself, then he must repeat his prayer, because his prayer is not valid; Allah, the Most High says:

“so turn your face in the direction of Al-Masjid Al-Haram (at Makkah). And wheresoever you people are, turn your faces (in

") Reported by Al-Bukhari in the Book of Hajj, in the Chapter: The Virtue of Makkah and its Buildings; and by Muslim in the Book of Hajj, in the Chapter: The Levelling of the Ka’bah and its Rebuilding.

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prayer) in that direction.’""! However, if a person is far from the Ka‘bah and he is unable to see it, even though he may be in Makkah, then it is incumbent upon him to face its general direction, and if he errs a little, it does not harm. This is why the Prophet ## said to the people of Al-Madinah:

“what lies between the east and the west is a Qiblah.”'?}

This is because it is south of them, so everything between the east and the west is a Qrblah for them. Likewise, we say for example to those who pray towards the west that everything between the north and south is a Qiblah.

Q. 221. If a congregation prayed towards a direction other than the Qiblah, what is the ruling on that prayer?

A. This matter does not fall outside of two situations:

1. That they are in a place where it is not possible for them to ascertain the direction of the Qiblah, such as when they are on a journey and the sky is cloudy and they are unable to find guidance as to which direction the Qiblah lies in. In that case, if they prayed according to their best judgement, then it became clear to them that they were not facing towards the Qib/ah, there is nothing incumbent upon them. This is because they have kept their duty to Allah and feared Him as much as they are able and Allah, the Most High has said:

'] Reported by At-Tirmithi in the Book of Prayer, in the Chapter: What Has Been Said Regarding the Fact That What Lies Between the East and the west is a Qiblah; and by Ibn Majah (1011); and by Al-Hakim in Al-Mustadrak (1:225), who said it was authentic, and Ath-Thahabi agreed with that.

Fatawa Relating to Prayer 453 Ball sgh

“So keep your duty to Allah and 4 fear Him as much as you man can.

The Prophet #% said:

“If I command you to do something, then do as much as you are able,”"?)

And Allah, the Most High says regarding this matter:

Le i5 iD) Bl 255 3 3 i ct ils Sit 5) ‘And to Allah belong the east and the west, so wherever you turn (yourselves or your faces) there is the Face of Allah (and He is High above, over His Throne). Surely, Allah is All-Sufficient for His creatures’ needs, All-Knowing.’"?}

2. That they are in a place where it is possible for them to ascertain the direction of the Qiblah by asking, but they are neglectful and careless. In these circumstances, it is necessary for them to make up for the prayer they performed towards a direction other than that of the Qiblah, whether they were aware of their mistake before the time for the prayer passed or after it. They are guilty of error and wrongdoing in this situation: They erred regarding the matter of the Qiblah, because they did not deliberately deviate from it, but they are wrongdoers in that they were negligent and careless by not asking about it. Although we should know that deviating