In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner says: In our country people recite the fatihah and then they say: “O Allah, make the reward of this be for the soul of so and so”. What is the ruling of this?

📝 The answer:

That which is correct is that this way is from the heresies, and it is not from the Sunnah. The Prophet (ﷺ) didn’t do it, the Companions didn’t do it, and neither did the rightly guided Caliphs do it, and they were the most devoted people, more than us, when it came to doing good. So upon the Muslims is to stay far away from such.

And all goodness is in following the way of the Salaf (Pious Predecessors)
And all evil is in the newly invented affairs in the deen from the Khalaf (later generations)
And the Prophet (ﷺ) said:
(مَنْ عَمِلَ عَمَلًا لَيْسَ عَلَيْهِ أَمْرُنَا فَهُوَ رَدٌّ)
“He who did any act in the religion for which there is no sanction from our behalf, that is to be rejected.”

Rather upon you is to supplicate for the dead, supplication reaches them, and its reward reaches. Seeking forgiveness also reaches, your seeking of forgiveness and your supplication reaches. Similarly giving in charity, as charity has come in the hadith, that the reward of charity reaches the soul of the deceased.

As for reading the Fatihah and then saying: “O Allah, make the reward of my recitation go to so and so” then this has not been transmitted from the Salaf.

Also, from where did you get this idea that righteous actions can be transmitted and gifted? You say: “O Allah make my righteous actions go to so and so” where is the evidence for this? Why did no one from the Companions do this? And they were the most devout, and they would teach the virtues of the Fatihah, and the virtues of reciting the Qur’an, and they were much more devoted to doing good than us. So upon a Muslim is to distance himself and leave this.

May Allah grant us and you success.

Original Fatwa:
https://t.me/ibnhezam/15035

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📩 Question:

A man wanted to build a house, and when he started to drill the foundations, he found four corpses whilst knowing that the graveyard is very close to his land, so what should he do?

📝 The answer:

If he is sure that the land is not a part of the graveyard, and that it is his property, and his fathers and grandfathers’ property, and that it is not an endowment or a part of the graveyard, then he should move the graves from his land and there is no problem in this for him.

As for if this land was an endowment, then it is not permissible for him to remove the graves, rather upon him is to remove himself from the land which is an endowment for the graveyard.

And all aid and assistance is sought from Allah alone.

Original Fatwa:
https://t.me/ibnhezam/15148

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📩 Question:

The questioner says: the dome that is built on top of the Prophet’s (ﷺ) grave, many of the Sufis use it as evidence for building domes on graves.

📝 The answer:

This dome that has been built on the grave of the Prophet (ﷺ) is not by his command (ﷺ), and not from the actions of the companions, and likewise not from the virtuous generations. Not in the era of the companions, nor in the era of the tabi’een (students of the companions) and not their followers, rather it was done by some of the kings, a man who they call Qaloon al-Saalihi or Qalawoon al-Salihi, in the sixth, or the seventh century after the Hijrah of the Prophet. He is the one who built that dome, and perhaps the leaders in that time left off removing it out of fear of fitnah from the ignoramuses, and that they would be attributed to causing entrenchment upon the grave of the Prophet (ﷺ).

And perhaps some countries would protest against this action, so perhaps they left it off due to repelling the harm, or so that the succeeding leaders won’t continue, one destroying it, the next building it again, then the next one destroying it, and the next one comes and rebuilds it, for this will result in great harm.

So perhaps they left it off due to this reason, otherwise it is a heresy and not something from the Prophet (ﷺ) and not from his commands. The companions didn’t do it, neither the tabi’een. So it is a heretic action.

And all success lies with Allah.

Original Fatwa:
https://t.me/ibnhezam/15216

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📩 Question:

The questioner says: What is the ruling of reciting the Qur’an by the grave, followed by gifting the reward of the recitation to the dead?

📝 The answer:

This action is from the newly invented affairs and heresies. The Prophet (ﷺ) did not do this, neither did his companions. And ‘Aishah (رضي الله عنها) asked:
ماذا تقول حين تزور القبور؟
“What do you say when you visit the graveyard?”
As has come in Sahih Muslim, and the prophet (ﷺ) told her:
(السلام عليكم أهل الديار من المؤمنين والمسلمين، نسأل الله لنا ولكم العافية، يرحم الله المستقدمين منا والمستأخرين وإنا إن شاء الله بكم لاحقون)
“Peace be upon you, people of this abode, from among the believers and those who are Muslims. I ask Allah to grant us and you well-being. May Allah have mercy on the first of us and the last of us. And we, by the Will of Allah, shall be joining you.”

And he did not tell her to read surah al-Fatihah and gift its reward to the dead. And he did not order her to recite the Qur’an, and to gift its reward to the dead. And if this was something which was good then the Prophet (ﷺ) would have directed us towards it, and the companions would have done it.

And for this reason, the Prophet (ﷺ) said:
(من عمل عملًا ليس عليه أمرنا فهو رد)
"He who does an act which we have not commanded, will have it rejected (by Allah).”

If it was good, then the companions of the Prophet (ﷺ) would have beat us to it. And it has been transcribed from the Prophet (ﷺ) that he used to go to the graveyard (al-baqi’) and supplicate for them, so there is no issue if you supplicated for them that they be forgiven and that Allah has mercy upon them, and there is no problem if you elongate the supplication as well.
As it has come in Sahih Muslim, that the Prophet (ﷺ) went to the graveyard (al-baqi’) to visit the graves.
She said:
فجعل يدعو فأطال الدعاء.
He started supplicating and elongated the supplication.

So, supplicating for and greeting (salam) the dead is Sunnah, one supplicates to Allah that He forgives them, and to have mercy upon them, and to pardon them. And all Perfect Praise with Love and Veneration is Exclusively for Allah.

Original Fatwa:
https://t.me/ibnhezam/15224

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📩 Question:

The questioner says: What is the ruling of giving a reminder in the graveyard during the burial?

📝 The answer:

It has been reported that the Prophet (ﷺ) witnessed a burial, and the companions were still digging the grave, and they had not yet finished preparing the niche on the side of the grave, so he reminded them about the affairs of the dead, and what his situation will be, during death, after it, and what will be the situation of the believer and the wicked extremely sinful one.

And this is in the hadith of al-Baraa bin ‘Azib in the Musnad of Imam Ahmad with an authentic chain of transmission, and it was a great reminder.

And another hadith has also come on the authority of ‘Ali bin abi Talib (رضي الله عنه) in al-Bukhari and Muslim, that they were with the Prophet (ﷺ) during a funeral, and he gave them another reminder, and it was a concise reminder. And from the things he mentioned was:
(مَا مِنْكُمْ مِنْ نَفْسٍ مَنْفُوسَةٍ إِلَّا وَقَدْ كُتِبَ مَقْعَدُهَا مِنَ الْجَنَّةِ أو النَّارِ)
“There is no one among you, no living soul, but Allah has decreed its place in Paradise or Hell”.

So, reminders are prescribed if one sees that people have gathered, so he gives an exhortation and reminds them, until they finish from the burial, this is prescribed.

However, it is important that this does not become something habitual which the people continue doing, every time there is a burial they give a sermon, we view that this action should be left off as it has not been transcribed from the Prophet (ﷺ). So, making it something which is habitually done is against the Sunnah.

So, if it takes place sometimes as was done by the Prophet (ﷺ) then there is no problem in this; this is prescribed. And Allah knows best.

Original Fatwa:
https://t.me/ibnhezam/15220

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📩 Question: Are the miscarried fetuses of the disbelievers, or the children of the disbelievers to be prayed upon (funeral prayer)?

The questioner says:

📝 The answer:

Their ruling is that of their fathers, they are not to be prayed upon. The Prophet (ﷺ) said when he was asked about the children of the polytheists:
(هُمْ مِنْ آبَائِهِمْ)
“They are from their fathers”

So with regards to the rulings in this life, then they are to be ruled upon that which their fathers are ruled upon. As for the after life, then the scholars differed over the children of the disbelievers in the next life. And the most correct of the views, which is the view of the majority of Ahlus Sunnah, that they will be tested on the day of judgement. And Allah knows best.

Original Fatwa:
https://t.me/ibnhezam/15338

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📩 Question:

Is it allowed for a foreign man to bury a woman who is foreign to him?

📝 The answer:

If the woman’s close Mahrams (male relative with which she cannot marry, or her husband) are able to bury her, then they have most right. And if not, then there is no problem as he will hold her from behind a barrier, and she is dead. However, a righteous man should be chosen in this affair, and if someone from her Mahrams is available then that is better.

And Abu Talhah al-Ansari (رضي الله عنه) buried Zaynab the daughter of the Messenger of Allah (ﷺ) whilst not being from her close relatives, as has come in Sahih al-Bukhari, so there is no issue in this, and Allah knows best.

Original Fatwa:
https://t.me/ibnhezam/15387

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📩 Question:

The questioner says: some people gather by the graves at the time of burying, and they recite Surah Ya-Sin and Surah at-Tabarak, and they gift the reward of it to the soul of the dead?

📝 The answer:

This action is from the heresies. The Prophet (ﷺ) buried numerous companions, not a small amount, and he was present at many funerals, and it has never been narrated from him that he gathered with his companions in the graveyard, reciting Surah Ya-Sin and reciting Surah at-Tabarak or other than these from the Surahs.

This has not been reported from the Prophet (ﷺ), and goodness is in following the guidance of the Prophet (ﷺ).

So this action is from the heresies. And as for the hadith:
اقرؤوا على موتاكم يس
“Recite Yasin, over those who are dying.”
Then this is a weak hadith. Reported by Abu Dawud, An-Nasai, on the authority of Ma’qil bin Yasar رضي الله عنه and it is a weak hadith.

And similarly the group rememberances in the graveyard, or in the Masajid, and gatherings, wilst gifting its reward to the soul of the dead. Tasbeeh (SubhaanAllah), Tahmeed (Alhamdulilah), Tahleel (La ilaha ila Allah), Takbeer (Allahu Akbar), in one voice in unison, on the first, second and third day, and perhaps they may add the tenth, or the seventh. All of these actions are heresies.

And the best of guidances is the guidance of the Messenger of Allah (ﷺ). And the Prophet (ﷺ) was present during a burial, and then he said:
(استغفروا لأخيكم واسألوا له التثبيت)
“Ask Allah to forgive your brother and supplicate for him for steadfastness”.
After he finished from the burial, he ordered them to seek forgiveness for him.

So if they finish from the burial then they must seek forgiveness for him in a quiet tone of voice. And they must not combine in unison with one loud voice saying:
اللهم اغفر له، وثبته بالقول الثابت
“O Allah forgive him, and make him steadfast with the firm word”
In a loud voice in unison, whilst they are burying him. This action is not legislated aswell, this way is in opposition to the legislation.

And some people have become such that perhaps they may raise their voice in unison, whilst they are burying saying:
اللهم اغفر له وثبته بالقول الثابت
“O Allah forgive him, and make him steadfast with the firm word”
This was not done by the Prophet (ﷺ). Rather he finished from the burial, and then he said:
(استغفروا لأخيكم واسألوا له التثبيت فإنه الآن يسأل)
“Ask Allah to forgive your brother and supplicate for him for steadfastness because he is being questioned (about his deeds) now.”

So the Sunnah is that after the burial, you ask forgiveness for him and steadfastness, and then you leave. As for in one voice in unison during the burial, then this is incorrect, and this way is not in accordance with the legislation.

Original Fatwa:
https://t.me/ibnhezam/15428

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📩 Question:

The questioner says: what is the ruling of performing ‘Umrah for the deceased?

📝 The answer:

It is permissible to perform ‘Umrah or Hajj for the deceased regardless of it being obligatory or recommended. And the Prophet (ﷺ) said to a man who asked him regarding this:
(حُجَّ عَنْ أَبِيكَ وَاعْتَمِرْ)
“Perform Hajj and ‘Umrah for your father”

And with regards to the actions of Hajj and ‘Umrah, then it is permissible to authorize someone to do it on your behalf. And any actions which such authorization is legislated for, can be done for the deceased.

And it has also come with regards to fasting on behalf of the deceased in that which is obligatory only, and as for the supererogatory fasts then nothing has come. So it is permissible to fast on behalf of the deceased that which was obligatory upon them.
(مَنْ مَاتَ وَعَلَيْهِ صَوْمٌ صَامَ عَنْهُ وليه)
“If anyone dies when some fasts due from him had been unfulfilled, his heir must fast on his behalf.”
As for that which is supererogatory, then it should not be fasted on behalf of the deceased.

And likewise the prayer. One should not pray and then gift the rewards to the deceased. And similar to this is the recitation of the Qur’an or the Dhikr of Allah.

That which there has come evidence for is the obligatory fasts, Hajj and ‘Umrah, charity, Du’aa, and likewise oaths. The Prophet (ﷺ) was asked about the one who passes away and there remains an oath upon him, so he said:
(اللهُ أحقُ بالقَضَاء)
“Allah is most deserving of being paid”

Original Fatwa:
https://t.me/ibnhezam/15697

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📩 Question:

The questioner says: should a miscarried foetus be washed, shrouded and prayed upon due to being deceased after the soul was blown in?

📝 The answer:

Yes, after the soul has been blown in, it should be washed, shrouded and prayed upon, as it’s a deceased. The soul had beed blown inside, and then the soul was removed, so it’s a deceased.

As for if the soul was not yet blown in, which is before four months, then it is not to be washed, shrouded, or prayed upon, however it should be buried far away from predatory animals. Especially if it had taken a human form, it should be buried in a place far away from predatory animals. And that which is preferred is for it to be buried in a graveyard.

As for if it was a piece of flesh, it hadn’t taken a human form yet, then it is permissible to bury it in any place without it being disliked.

Original Fatwa:
https://t.me/ibnhezam/15707

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📩 Question:

The questioner says: some people go to give condolences for the deceased, and so they request him to give a sermon in the gathering for condolences, and similarly between women, a woman goes for condolences and so they request the one who is a good speaker to deliver a sermon exhorting the women. What is the ruling of this?

📝 The answer:

It is incumbent to abandon this action as it has become something sought amongst the people, something which is desired, with no evidence in support of it. If it took place on rare occasions, then it wouldn’t be as bad.

As for now, where the people have started to believe that this is from the religion to the point where some of them say: beseech someone to come and bring us a preacher. It is incumbent to abandon this action as the affair may develop resulting in this act of heresy, beautifying their lectures and sermons in their gatherings of condolence, an affair which has no evidence in support of it.

And the affair has reached the level of heresy in the religion, and this is how heresies are founded, gradually advancing upon the people until they fall into heresy without even knowing it.

And the gatherings of condolences itself, the getting together, has no evidence in support of it, rather the one giving condolences should go and give Salaam to the guardian of the deceased, consolidate him and make Du’a for the deceased and then leave. As for gatherings taking place with food and burning Khat then these actions are in opposition to the guidance of the Prophet ﷺ.

And in the Musnad of Imam Ahmad on the authority of Jareer bin ‘Abdullah Al-Bajali (رضي الله عنه) who said:
كُنَّا نَعُدُّ الِاجْتِمَاعَ إِلَى أَهْلِ الْمَيِّتِ، وَصَنِيعَةَ الطَّعَامِ بَعْدَ دَفْنِهِ مِنَ النِّيَاحَةِ
“We used to regard the gathering with the family of the deceased and making food after the burial to be wailing over the dead”

So these affairs are not legislated, and upon the people is to abandon it.

Al-‘Azaa (condoling) means Al-Tasliyah (distraction) and to enter comfort into the heart of ones Muslim brother, by condoling him and making Du’a for him and for the deceased. And if he is wealthy and thus condoles him with money then this is a good action, and similarly by preparing food for him.

As for burdening the family of the deceased with preparing food, then this is also from the affairs which are not legislated. If the family of the deceased prepare food for those that visit them from distant places, and this is their intention, then this is legislated, with the intention of being generous to their guests and not with the intention of a funeral ceremony. As for if they live in one village, and the people are all from the same village, and they prepare a banquet, then this action is a heresy.

And from the heresies that take place in these funeral ceremonies is the heresy of reciting the Qur’an in unison, and doing Dhikr of Allah in unison, for these actions are heresies and upon a Muslim is to abandon and distance oneself from it.

Original Fatwa:
https://t.me/ibnhezam/16144

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