Imam Al Uthaymeen mentions in Sharhul Mumtia 2/238 under
“The prayer in the graveyard is not correct”
He says:
“Is the intent of the graveyard here that which has been prepared to be a graveyard, even though no one is buried in it, or [is the intent] that which has someone buried in it?
The answer:
The intent is that which has someone buried in it, as for if there is a land which has been purchased so that it can be a graveyard, but no one is buried in it, thae the prayer is correct in it.
But if one is buried in it, then the prayer in it is not correct because all of it is called a graveyard.
The origin is the correctness of the prayer in all places of land due the statement of the prophet sallallahu alaihi wa Salam
“The earth has been made a place of prayer for me and pure”
For this reason it is a must to bring an evidence for the places which prayer is not considered correct in.”
End quote.
Translated by
Majid Jawed Al-Afghanee
Abu Layl
To add to that benefit, Shaykh Ibn Uthaymeen says on page 240 volume 2:
“If one says: Does one grave prevent the correctness of the prayer or is it a must there be three graves or more?
The answer:
There is differing among the scholars in regards to that. There are from the scholars who said:
One grave or two doesn’t prevent the correctness of the prayer [in the graveyard] and from them are those who said rather it prevents it.
What is correct is that it prevents the correctness of the prayer even if it is one grave [in the graveyard], because a place where someone is buried in has become a graveyard in reality.
The people don’t all die at once where as they can fill the place, but rather they die one following the other.
If one says:
If you have made the ruling surround the name [of it being called a graveyard], then say if a land has been prepared so that it can be a grave yard, than it shouldn’t be prayed in?
The answer:
This hasn’t had the name made a reality in it, it is a graveyard in consideration of what it will be, thus prayer is correct in it. As for the one which has one buried in it, even if it be one person, then it has in reality become a graveyard.”
End quote.
Translated by
Majid Jawed Al-Afghanee
Abu Layl
