In the Name of Allaah, the Entirely Merciful, the Especially Merciful
All Praise is due to Allaah, we praise Him, and seek His help and forgiveness. We seek refuge in Allaah, the Most High, from the evils of our own selves and from our wicked deeds. Whomsoever has been guided by Allaah, none can misguide him, and whomsoever has been misguided by Allaah, none can guide him. I bear witness that there is no true god worthy of being worshipped except Allaah, Alone, without partner or associate. And I bear witness that Muhammad is His true slave and Messenger.
Sayings of the Prophet that Prohibit taking the Graves as Mosques:
1) From Aaishah, may Allaah be pleased with her, who said, “Allaah’s Messenger, صلى الله عليه وسلم, said, ‘May Allaah curse the Jews and the Christians! They took the graves of their Prophets as mosques.’ She said, ‘Were it not for that, his grave would have been in an open place, but he feared that it would be taken as a place of worship.’”
 i.e., his grave would have been uncovered, صلى الله عليه وسلم, and a barrier would not have been put around it; and what is meant is being buried outside his home, this is mentioned in Fathul-Baari.
A point of benefit: This saying of Aaishah clearly proves the reason that led the Companions to bury the Prophet, صلى الله عليه وسلم, in his home–which was to cut off the means for anyone who may have [otherwise] built a mosque on it. This being the case it is not then permissible to take the above as a proof to bury anyone other than him, صلى الله عليه وسلم, in his home. This is also strengthened by the fact that doing so would be against the established principle regarding burial, since the Sunnah is that burial takes place in the graveyards. For this reason Ibn Urwah said in Al-Kawaakib ad-Daraari(manuscript page 77/tafsir 538), “And burial in the graveyards of the Muslims was more liked by Abu Abdullaah (i.e., Imaam Ahmad) than burial in the houses, for in doing so there is less harm to those still living from the deceased’s family, and it resembles the home of the Hereafter more, and will result in a greater amount of supplication and a greater amount of people asking for Allaah’s Mercy for him. And the Companions, those who followed them and those who came after them, never ceased burying people in the deserts. So if it is said, ‘The Prophet, صلى الله عليه وسلم, was buried in his home and the graves of his two Companions are there with him?’ We say, ‘Aaishah said, ‘That was only done so that his grave would not be taken as a place of worship,’ and likewise because the Prophet, صلى الله عليه وسلم, used to bury his Companions at Baqee–and the action of the Prophet, صلى الله عليه وسلم, takes precedence over the actions of those other than him [along with the fact that] his Companions held that this was unique to him, صلى الله عليه وسلم, and because it has been reported that, “The Prophets are buried at the place they die,”and to protect them from great multitudes of people, and to distinguish them from those who were not Prophets.”
A saying similar to this one of Aaishah has also been reported from her father, may Allaah be pleased with them both. Ibn Zanjawaih reported in his book that Umar, the freed-slave of Ghafrah, said, “When they were discussing the burial of the Prophet of Allaah, صلى الله عليه وسلم, someone said, ‘We will bury him in the spot he used to pray in!’ So Abu Bakr said, “I seek refuge in Allaah (or Allaah forbid!) that we make him an idol that is worshipped.” Others from them said, “We will bury him in Baqee where his brothers from the Muhaajirs are buried.” Abu Bakr said, “Indeed we dislike that the grave of the Prophet of Allaah, صلى الله عليه وسلم, should be taken out to Baqee such that the people [start to] seek refuge with it in that which [only] Allaah has a right in, and the right of Allaah is above the right of the Messenger of Allaah. And if we break the covenant of Allaah (in the original there occurs: if we delay it) we would have caused the right of Allaah to be lost. So if we do break the covenant of Allaah we would have also have broken the covenant concerning the grave of the Prophet of Allaah, صلى الله عليه وسلم.” They said, “So what do you yourself think, O Abu Bakr?” He said, “I heard the Prophet of Allaah, صلى الله عليه وسلم, say, ‘Allaah never once took the soul of a Messenger except that he was buried where his soul was taken.’” They said, “So you, by Allaah, have pleased and convinced us.” Then they drew a line around the bed and Ali, Abbaas, al-Fadl and his family picked it up and the companions started to dig, digging where the bed had been.”
2) From Abu Hurairah, may Allaah be pleased with him, who said, “The Prophet of Allaah, صلى الله عليه وسلم, said, ‘May Allaah’s curse be on the Jews! They took the graves of their Prophets as places of worship.’”
3-4) From Aaishah and Ibn Abbaas, that when the Prophet of Allaah, صلى الله عليه وسلم, was on his deathbed, he put the edge of a woolen blanket on his face and when he felt hot and short of breath he took it off and said,“May the Curse of Allaah be upon the Jews and the Christians! They took the graves of their Prophets as places of worship.” Aishah said, “He, صلى الله عليه وسلم, was warning [the Muslims] from doing the same as what they had done.”
 [The word used in the narration, i.e.,] ‘khameesah’ [خَمِيْصَةٌ] has been explained to be a silk [khazz/خَزّ] or woollen, marked blanket, as is mentioned in the book An-Nihaayah. I [al-Albaani] say: and the second one is intended here since ‘khazz’ [خَزّ] is silk as is well-known know and it is forbidden for men as is established in the Sunnah in contrast to what those who make it permissible from those people who give no weight to the Sunnah say.
Al-Haafidh Ibn Hajr said, “And it is as though he, صلى الله عليه وسلم, knew that he was going to leave [this world] due to that illness. So he feared that his grave would be glorified as those who had gone before had done [to the graves of their Prophets], thus he cursed the Jews and the Christians, indicating [his] censure of whoever does the same as what they did.” I say: i.e., from this ummah and in hadith number six which will follow there is an open declaration forbidding them from that, so take heed.
5) From Aishah, may Allaah be pleased with her, who said, “During the Prophet’s, صلى الله عليه وسلم, [final] illness some of his wives mentioned a church in Ethiopia called Maariyah–and Umm Salamah and Umm Habeebah had been to Ethiopia–so they mentioned its beauty and the images therein.” She said, “[So the Prophet, صلى الله عليه وسلم, raised his head] and said, ‘Those people–if there was a righteous man among them and he died–would build a place of worship [Masjid] over his grave and paint those images in it. They will be the most evil of mankind before Allaah [on the Day of Resurrection].’”
Al-Haafidh Ibn Hajr said in Fath al-Baari, “This hadith proves the forbiddance of building mosques [ masaajid/the word masaajid is the plural of masjid, i.e., mosque [Trans. note] ] on top of the graves of the righteous, and drawing images of them inside them as the Christians did. And there is no doubt that each of these things taken individually is forbidden–so drawing images of humans is forbidden, and building graves in mosques is forbidden as other texts have proven and a mention of some of which will follow. He said, “And the images in the church which Umm Habeebah and Umm Salamah mentioned were on the walls [of the church] and their like, they had no shadow, so drawing images in the likeness of the Prophets and the righteous people to take blessing and cure from them is something forbidden in the religion of Islaam and is pure idol worship. And the Prophet, صلى الله عليه وسلم, informed us that the people who make such images are those who will be the worst of the creation before Allaah on the Day of Resurrection.
Drawing images [of living things] to seek solace from looking at them or for enjoyment or pleasure from them is forbidden and from the major sins and the one who does that will be from those who have the severest torment on the Day of Resurrection. For he is an oppressor, trying to imitate the actions of Allaah which none other than He can do, and there is none like unto Him, the Most High, not in His Essence or His Characteristics, nor His Actions–how free and far removed from all defects He is, the Most High.” He mentioned this in al-Kawaakib ad-Daraari (vol., 2/28/65).
I say: And there is no difference between images drawn by hand and devices used to make pictures or photographic images. Rather, differentiating between them is present day stubbornness and literalism, as I have clarified in my book Aadaabuz-Zafaaf (pp. 106-116 of the second edition).
6) From Jundub ibn Abdullaah al-Bajalee that he heard the Messenger, صلى الله عليه وسلم, saying five days before he passed away, “Indeed I had brothers and friends among you. [But] verily I free myself before Allaah that I should have a close friend [khaleel] from among you. Allaah, the Mighty and Majestic, has taken me as a close friend just as He took Ibrahim as a close friend. And if I were to take a close friend from my nation, I would have taken Abu Bakr as a close friend. Indeed those before you [used to] take the graves of their Messengers and righteous peoples as places of worship. Verily, do not take the graves as places of worships [masaajid]. I forbid you from doing that.”
7) From al-Haarith an-Najraani who said, “I heard the Messenger, صلى الله عليه وسلم, five days before his death saying, “And indeed those before you would take the graves of their Messengers and righteous people as places of worship [masaajid]. So indeed do not take the graves as places of worship. I forbid you from that.”
8) From Usaamah ibn Zaid that the Prophet of Allaah, صلى الله عليه وسلم, said during the illness from which he died, “Tell my Companions to come to me.” So they entered [the room] where he was and he was covered in a Yemeni Mu’aafari garment. [So he uncovered his face] and said, “May Allaah’s curse be upon the Jews [and the Christians]! They took the graves of their Prophets as places of worship [masaajid].”
 The garment was from Yemen and it was called mu’aafariafter the Mu’aafar tribe it was associated with. Nihaayah.
9) From Abu Ubaidah ibn al-Jarraah who said, “The last thing that the Prophet, صلى الله عليه وسلم, said was, ‘Expel the Jews of the land of the Hijaaz and of the people of Najraan from the Arabian peninsula. And know that the worst of the people are those who took [and in a narration there occurs: ‘… who take …’] the graves of their Prophets as places of worship [masaajid].”
 And the difference in meaning between the two wordings is very clear. Since the first narration is referring to people who have passed on, and they are the Jews and the Christians, as occurs in the hadiths that have preceded. And the second wording is referring to those from this nation who follow their path, and hadiths numbers six, seven and twelve support this.
10) From Zaid ibn Thaabit that Allaah’s Prophet, صلى الله عليه وسلم, said, “May Allaah curse (and in a narration there occurs: ‘… may Allaah ruin/destroy …’) the Jews–they took the graves of their Prophets as places of worship [masaajid].”
11) From Abu Hurairah who said, “The Prophet of Allaah, صلى الله عليه وسلم, said, ‘O Allaah! Do not make my grave an idol that is worshipped! May Allaah curse [those] people who took the graves of their Prophets as places of worship.”
 Ibn Abdul-Barr said, “[The Arabic term used in the hadith]wathan [وَثَنٌ] means an idol. He said, “Do not make my grave an idol/statue towards which people pray and prostrate and worship, for the anger of Allaah is most severe against the one who does that. And the Prophet of Allaah, صلى الله عليه وسلم, used to warn his Companions and his entire nation from the evil that nations before them had done who would pray to the graves of their Prophets, taking them as a direction to pray to [qiblah] and [taking them as] places of worship [masaajid], as the idol worshippers did with the idols which they would prostrate to and glorify–and this is major shirk. The Prophet of Allaah, صلى الله عليه وسلم, would inform them of the Wrath and Anger of Allaah at those actions and that it was something which He is not pleased with, fearing that they would follow their way, and he, صلى الله عليه وسلم, would love to differ from the People of the Book and all of the disbelievers, and he used to fear that his nation would follow them. Have you not seen how he, صلى الله عليه وسلم, [said the following] in a reproachful, scolding manner, “Indeed, you will surely follow the ways of those who came before you, step by step such that if one of them were to enter a lizard’s hole, you too would enter it.” Fathul-Baari of Ibn Rajab (25/90/2), from al-Kawaakib.
12) From Abdullaah ibn Mas’ood who said, “I heard the Prophet of Allaah,صلى الله عليه وسلم, saying, ‘Indeed from the most evil of people are those who will be alive when the Hour is established, and those who take the graves as places of worship [masaajid].’”
13) From Ali ibn Abi Taalib who said, “Al-Abbaas met me and said, ‘O Ali! Let us go to the Messenger, صلى الله عليه وسلم, [and] then [see] if there is something for us in this affair [i.e., the khilaafah] and if not then he may advise the people concerning us.’ So we entered upon him and he was unconscious. Then he raised his head and said, ‘May Allaah curse the Jews! They took the graves of their Messengers as places of worship [masaajid].’” In another narration there occurs, “He said it three times.” “Then when we saw the condition he was in, we left and did not ask him anything.”
14) From the mothers of the Believers that the Companions of the Prophet of Allaah, صلى الله عليه وسلم, said, “How shall we build the grave of the Prophet of Allaah, صلى الله عليه وسلم? Shall we make it a masjid?” So Abu Bakr as-Siddeeq said, “I heard the Prophet of Allaah, صلى الله عليه وسلم, saying, “May Allaah curse the Jews and the Christians! They took the graves of their Messengers as places of worship [masaajid].” [End of Chapter One]
 Reported by Bukhaari (3/156, 198 and 8/114), Muslim, (2/28), Abu Awaanah (1/399), Ahmad (6/80, 121, 255) and as-Sarraaj in his Musnad(3/48/2), from Urwah from Aishah. Also reported by Ahmad (6/146, 252) and al-Baghawi in Sharhus-Sunnah (part 1, page 415) from Sa’eed ibn al-Musayyib from Aishah and its chain of narration is authentic according to the standard of the two Shaikhs [i.e., Bukhaari and Muslim].
 Ibn Kathir said, “And this narration is disconnected in this form, since Umar the freed-slave of Ghafrah, along with his weakness as a narrator, did not reach the time of Abu Bakr as-Siddeeq.” This has been reported inal-Jaami as-Sagheer of as-Suyooti, (3/137/1-2).
 Reported by Bukhari (Eng. Transl. vol. 1, p. 280, no. 437), Muslim, Abu Awaanah, Abu Dawud (2/71), Ahmad (2/284, 366, 396, 453 and 518), Abu Ya’laa in his Musnad (1/278), as-Sarraaj, As-Sahmi in Taarikh Jurjaan (349), Ibn Asaakir (2/367/14) from Sa’eed ibn al-Musayyib from him, and in Sahih Muslim also from Yazeed ibn al-Asamm from him. Abdur-Razzaaq reported it in his Musannaf (1/406/1589) in the first form but he declared it to be a mowqoof narration.
 Reported by Bukhari (1/422, 6/386 and 8/116), Muslim (2/27), Abu Awaanah (1/399), an-Nisaa’ee (1/115), ad-Daarimi (1/326), Ahmed (1/218, 6/34, 229 and 275) and Ibn Sa’d in at-Tabaqaat (2/258). And Abdur-Razzaaq reported it in his Musannaf (1/406/1588) from Ibn Abbaas alone.
 Reported by Bukhari (1/416, 422), Muslim, (2/66), an-Nisaa’ee (1/115), Ibn Abi Shaibah in al-Musannaf (4/140 the Indian edition), Ahmad (6/51), Abu Awaanah in his Saheeh (1/400-401) and the wording is his, Ibn Sa’d inat-Tabaqaat (2/240-241), as-Sarraaj in his Musnad (2/48), Abu Ya’laa in hisMusnad (manuscript page 2, 220), al-Baihaqi (4/80) and al-Baghawi (2/415, 416).
 Reported by Muslim (2/27-28), Abu Uwaanah (1/401) and the wording is his, at-Tabaraani in al-Kabir (1/48/2) and Ibn Sa’d (2/240) reported it in summarised form without a mention of the brotherhood and the references to taking a khaleel. And he has another narration (2/241) from the hadith of Abu Umaamah, and a second supporting narration that at-Tabaraani mentioned from Ka’b ibn Maalik with a chain of narration that has no problem with it as Ibn Hajr al-Haitami said in Majma’uz-Zawaa’id(9/45).
 Reported by Ibn Abee Shaibah (Q2/2/83, and T2/376) with an authentic chain of narration which is upon the standard of Muslim.
 Reported by at-Tayaalisee in his Musnad (2/113), Ahmad (5/204), at-Tabaraanee in Al-Kabir (part 1, manuscript page 1, 22), and its chain of narration is hasan when all the supporting narrations are taken into consideration. Ash-Shawkaani said in Nailul-Awtaar (2/114), “And its chain of narration is good.”! And al-Haithami said in Majma’uz-Zawaa’id (2/27), “Its narrators are trustworthy.”
 Reported by Ahmad (nos., 1691 and 1694), at-Tahaawi in Mushkilul-Aathaar (4/13), Abu Ya’laa (1/57), Ibn Asaakir (8/327/2) with an authentic chain of narration. And al-Haithami said in al-Majma’ (5/325), “[Imaam] Ahmad reported it with [different] chains of narration (in the original it says, ‘ … two chains of narration …’), the narrators of two of these chains of narration are trustworthy, having connected chains of narration, and it is reported by Abu Ya’laa.” I say: and this saying of his is clearly debatable. Since all three chains of narration which he pointed to centre on Ibrahim ibn Maimoon from Sa’d ibn Samurah except that in the third chain of narration some of the narrators added Ishaaq ibn Sa’d ibn Samurah between Ibrahim and Sa’d which is a mistake on the part of those narrators as al-Haafidh has clarified in at-Ta’jeel, also the wording, “… And know that the worst of the people …” is not in it. Al-Haithami mentioned the hadith in another place (2/28) and said, “Bazzaar narrated it and its narrators are trustworthy.” There is a mursal hadith reported from Umar ibn Abdul-Aziz in marfoo form which supports this narration and it is reported by Ibn Sa’d (2/254).
 Reported by Ahmad (5/184 and 186) and its narrators are trustworthy except for Uqbah ibn Abdur-Rahmaan who is Ibn Abu Ma’mar and is unknown as a narrator as is mentioned in at-Taqreeb and do not be deceived by the saying of al-Haithami (2/27), “It is reported by at-Tabaraani in al-Kabir and its narrators are muwatthaqoon,” as Shawkaani was [into thinking that all of the narrators are trustworthy] for he said (2/114), “And its chain of narration is good,” and this was because [al-Haithami’s] saying, “…muwatthaqoon …” [in terms of rating the ranks of narrators] is less [in level] than [those about whom it is said, “ thiqaat, trustworthy.” For when they say muwatthaqoon it is an indication from them to show that some of the narrators do not have a strong declaration of trustworthiness, so it is as though al-Haithami is trying to indicate that some of the narrators do not have a strong declaration of trustworthiness, as though al-Haithami is trying to show that Ibn Hibbaan was the only one who declared Uqbah to be trustworthy and that Ibn Hibbaan’s declaration of trustworthiness is not relied upon, and Allaah knows best.
The fact that Ibn Hibbaan’s declaration of a narrator to be trustworthy is not relied upon is something which no one who has delved into this noble branch of knowledge will have any doubt about. I have explained this in detail in my refutation of the book called at-Ta’qeeb al-Hatheeth of Shaikh Abdullaah al-Habashee which was printed in At-Tamadan al-Islaami in consecutive articles and was then printed in an independent treatise entitled, Ar-Radd alaa at-Ta’qeeb al-Hatheeth, so refer back to it, pp. 18-21.
Along with the fact that it should be noted that the saying, “… the narrators of a certain hadith are trustworthy …” does not mean that its chain of narration is authentic as I have clarified in other places, refer to, for example, Sahih at-Targheeb wat-Tarheeb, (manuscript part 1, p. 70, Maktabah al-Ma’aarif’s print). But the hadith in question is authentic due to its supporting narrations.
 Reported by Ahmad (no. 7352), Ibn Sa’d (2/241-242), al-Mufaddal al-Jundee in Fadaa’ilul-Madeenah (1/66), Abu Ya’laa in his Musnad (1/312), al-Humaidee (1025) and Aboo Nu’aym in Al-Hilyah (6/283 and 7/317) with an authentic chain of narration. And it has a supporting mursal chain of narration which Abdur-Razzaaq reported in al-Musannaf (1/406/1587) and also Ibn Abee Shaibah (4/141) from Zaid ibn Aslam and the chain of narration of this supporting narration is strong. There is also another [supporting narration] which Maalik reported in al-Muwatta (1/185) and Ibn Sa’d from Maalik (2/240-241) from Ataa ibn Yaasir in marfoo form and its chain of narration is authentic. And al-Bazzaar has reported it in a connected form from Ataa ibn Yaasir from Abu Sa’eed al-Khudree, and Ibn Abdul-Barr declared both the mursal and mawsool forms to be authentic, saying, “So this hadith is authentic in the eyes of those who hold that themursal narrations of trustworthy narrators [are to be accepted] and likewise with those who say the same about musnad narrations due to the chain of Umar ibn Muhammad for this hadith, and he is from those whose additions have been accepted.” Refer to, Tanweerul-Hawaalik of as-Suyootee.” And there is some debate concerning that which Ibn Abdul-Barr said about Umar, since al-Haafidh Ibn Rajab said in Al-Fath, “Al-Bazzaar reported by way of him, and the Umar he is referring to is Ibn Sahbaan, and the tribe he is from has been mentioned in some of the copies of al-Bazzaar; and Ibn Abdul-Barr thought he was Umar ibn Muhammad al-Umaree, and it seems that this was a mistake on his part, since [a narration] similar to it has been reported from the hadith of Abu Salamah from Abu Hurairah with a chain of narration in which there is some fault.”
 Reported by Ibn Khuzaimah in his Saheeh (1/92/2), Ibn Hibbaan (340, 341), Ibn Abee Shaibah in his Musannaf (4/140, the Indian edition), Ahmad (no. 3844 and 4143), at-Tabaraani in al-Mu’jam al-Kabir (1/77/3), Abu Ya’laa in his Musnad (1/257), Abu Nuaym in Akhbaar Asbahaan (1/142) with ahasan chain of narration and Ahmad also (no. 4342) with a different chain of narration which is hasan along with the one before it. After taking into consideration all of the different paths of narration the hadith is authentic. And the Shaikh of Islaam Ibn Taymiyyah said in Minhaaj as-Sunnah (1311) and in al-Iqtidaa (p. 158), “And its chain of narration is good.” And al-Haithmee said (2/27), “Reported by at-Tabaraani in al-Kabir and its chain of narration is hasan.” And he made a clear mistake in attributing the narration to at-Tabaraani alone, since it occurs in the Musnad in three places as we have just pointed out! And the first part of the hadith has been reported by Bukhaari in his Saheeh (13/15) in mu’allaq form.
 Reported by Ibn Sa’d (4/28), Ibn Asaakir (12/172/2) from two paths of narration from Uthmaan ibn al-Yamaan who said that Abu Bakr ibn Abi Awn narrated to him that he heard Abdullaah ibn Eesaa ibn Abdur-Rahmaan ibn Abi Laylaa from his father from his grandfather or he said from his father or from his grandfather that he said, “I heard Ali ibn Abi Taalib saying …” I say: This chain of narration is hasan if it were not for the fact that I do not know this Abu Bakr, and nobody but ad-Dawlaabi and Abu Ahmad al-Haakim in al-Kunaa brought it.
 Reported by Ibn Zanjawaih in Fadaa’il as-Siddeeq as occurs in al-Jaami’ul Kabir (3/147/1).