Bukhari

Chapter of Sahih Bukhari Hadith Number: 6052: «بَابُ الْغِيبَةِ:»
Relationship between the Chapter and the Hadith:
Imam Bukhari rahimahullah mentioned backbiting (ghibah) in the chapter heading, whereas in the hadith under the chapter, backbiting is not mentioned; rather, tale-bearing (namimah) is mentioned. For the relevance between the chapter heading and the hadith, Ibn al-Munir rahimahullah says:
«بوّب على الغيبة، و ذكر النميمة تنبيهًا على اجتماعهما فى المعني، و هو الذكر بظهر الغيب بما يكره الإنسان أن يذكر عنه، و ألحق الغيبة بالنميمة بطريق الأولى، إذا النميمة لا يكون فيها تنقيص، و الغيبة لا تخلوا منه، فهي أحرم.» (2)
“That is, Imam Bukhari rahimahullah mentioned backbiting in the chapter heading and tale-bearing in the hadith, which is an indication that, in terms of their collective nature, both are similar in meaning. In backbiting, a person says things behind someone’s back that he would dislike to hear in his presence. Therefore, backbiting and tale-bearing are even more closely linked; in some forms of tale-bearing, there is no denigration, whereas backbiting is never free from it, so it is a more severely prohibited matter.” Hafiz Ibn Hajar rahimahullah writes:
«وقد تقدم شرحه فى كتاب الطهارة، و ليس فيه ذكر الغيبة بل فيه يمشي بالنميمة، قال ابن التين: إنما ترجم بالغيبة و ذكر النميمة لأن الجامع بينهما ذكر ما يكرهه المقبول فيه بالظهر الغيب، و قال الكرماني: الغيبة نوع من النميمة لأن لو سمع المنقول عنه ما نقل عنه لغمه، قلت: الغيبة قد توجد فى بعض صور النميمة و هو أن يذكره فى غيبته بما فيه مما يسوؤه قاصدًا بذالك الفساد، فاحتمل أن تكون قصة الذى كان يعزب فى قبره كانت كذالك، و يحتمل أن يكون أشار إلى ما رد فى بعض طرقه بلفظ الغيبة صريحًا، و هو ما أخرجه هو فى ”الأدب المفرد“ من حديث جابر، قال: كنا مع النبى صلى الله عليه وسلم فأتي قبرين فذكر فيه نحو حديث الباب و قال ”فيه أما أحدهما فكان يغتاب الناس“، الحديث، و أخرج أحمد و الطبراني بإسناد صحيح عن أبى بكرة، قال: مر النبى صلى الله عليه وسلم بقبرين فقال: ”إنهما يعذبان، و ما يعذبان فى كبير و بكي وفيه و ما يعذبان إلا فى الغيبة والبول.“» (1)
The explanation of this hadith has already been discussed in detail in the Book of Purification. In it, backbiting is not mentioned, but tale-bearing is. Ibn al-Tin rahimahullah writes that Imam Bukhari rahimahullah based the chapter heading on backbiting and the mention of tale-bearing, because the common factor between the two is mentioning something about someone in his absence that the one spoken about would dislike. Allamah Kirmani rahimahullah says: Backbiting is a type of tale-bearing, because if the one about whom something is being conveyed hears it, he would be hurt. Hafiz Ibn Hajar rahimahullah adds that backbiting is sometimes found in some forms of tale-bearing as well, for example, mentioning something in a person’s absence that he would dislike, with the intention of causing discord. So it is possible that the story of the person who was being punished in his grave was of this kind. And it is also possible that (Imam Bukhari rahimahullah) is alluding to some of the routes of transmission in which the explicit words of backbiting are present. Thus, in Imam Bukhari rahimahullah’s book al-Adab al-Mufrad, in the same narration from Sayyiduna Jabir radi Allahu anhu, it is mentioned that we came to two graves with the Prophet sallallahu alayhi wa sallam, and then he mentioned the hadith similar to the one in the chapter, in which it is stated that «أما أحدهما كان يغتاب الناس». In Musnad Ahmad and Tabarani, it is mentioned that the Prophet sallallahu alayhi wa sallam passed by a grave in which the buried person was being punished and «و مايعذبان فى كبير», then he wept, and in it is stated that «و مايعذبان إلا فى الغيبة والبول», meaning that both of them were being punished for backbiting and urine.
From these excerpts of Hafiz Ibn Hajar rahimahullah, it becomes clear that Imam Bukhari rahimahullah actually alluded to the hadith of Ahmad and Tabarani in which the words «الغيبة» are present, which are related to the hadith of the chapter.
Allamah Badr al-Din ibn Jama‘ah rahimahullah writes:
“Imam Bukhari rahimahullah based the chapter on «الغيبة», while he presented the hadith on «النميمة», so the answer is that both have the same meaning: the intended meaning is the evil of a person that he dislikes, and backbiting is more severe than tale-bearing, because there is more denigration in it, unlike tale-bearing, and this is in the ruling of tale-bearing, which is more severe (in terms of sin).”
Some commentators have said that tale-bearing is mentioned in the narration, and both tale-bearing and backbiting are prohibited and are also similar in terms of sin. (1)
Imam Ibn al-Jawzi rahimahullah writes:
«و لم يذكر فى الحديث إلا النميمة فأنه يشير إلى انها وردت كذالك لكن على غير شرطه وقد رواها ابن ماجة فى سننه.» (2)
“Imam Bukhari rahimahullah presented under the chapter a hadith related to tale-bearing, so he alluded to the narration in which the words «الغيبة» are present, which Imam Ibn Majah mentioned in his Sunan. Imam Bukhari rahimahullah did not include this narration because it did not meet his conditions.”
The summary of these details is that, according to some commentators, the relevance is that tale-bearing and backbiting are equal in terms of sin, which is why Imam Bukhari rahimahullah mentioned backbiting in the chapter heading and the hadith he mentioned is about tale-bearing.
The second relevance is that it is narrated with an authentic chain from Ahmad and Tabarani that the Prophet sallallahu alayhi wa sallam said about the person who was being punished:
«انهما يعذبان فكان يغتاب الناس.» (3)
Thus, from here, the relevance between the chapter heading and the hadith is established.

Hadith Commentary:
This act of planting a fresh twig was specific to you (sallallahu alayhi wa sallam).
This is because you were made aware of the true state of the people of the graves, and this knowledge was also exclusive to you.
Today, no one can know the condition of the one in the grave; therefore, if anyone plants a twig now, it is futile. And Allah knows best what is correct.

Hadith Commentary:
(1)
In the hadiths, the definition of backbiting (ghibah) from the Messenger of Allah sallallahu alayhi wa sallam is mentioned. Thus, it is narrated from Abu Hurairah radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said:
"Do you know what backbiting is?" The Companions said:
"Allah and His Messenger know best."
He said:
"That you mention about your brother something which he dislikes."
It was asked:
"What if that (fault) is actually found in my brother, which I am saying?" He said:
"If that is found in him, then you have backbitten him, and if it is not in him, then you have slandered him."
(Sahih Muslim, al-Birr wa al-Silah, Hadith: 6593(2589))

(2)
It is clear that slander is an even greater crime than backbiting, and backbiting—whether it is done about a living person in his absence or about someone who has passed away—there is no difference in the nature of the crime. Allah the Exalted has likened backbiting to eating the flesh of one's dead brother, because the one who backbites attacks his honor as if he is cutting him up and eating him, and "dead" is mentioned because the one who is being backbitten is not present.

(3)
In this hadith as well, the repulsiveness and evil of backbiting is described, even though the heading mentions backbiting and the hadith itself discusses tale-bearing (namimah). Hafiz Ibn Hajar rahimahullah says:
The common factor between the two is that something disliked is said in the absence (of the person), although in some narrations the words of backbiting are also transmitted.
(Fath al-Bari: 10/577)
In another hadith, the Messenger of Allah sallallahu alayhi wa sallam said:
"When I was taken up (on the Night Journey), I passed by a people who had nails of copper with which they were scratching their faces and their chests. I asked:
'O Jibril! Who are these people?' He replied: 'These are those who used to eat the flesh of others and attack their honor.'"
(Sunan Abi Dawud, al-Adab, Hadith: 4878)

(4)
It should be clear that in this hadith, "major sins" refers to those crimes for which a prescribed punishment (hadd) is set, such as: adultery (zina), theft, etc. Otherwise, backbiting is not a minor matter, but there is no prescribed legal punishment (hadd) for it.
And Allah knows best.

Hadith Commentary:

In this narration, by "major sins" are meant those sins for which a prescribed legal punishment (hadd) has been set, such as adultery (zina), theft, etc. Therefore, it will not be contrary to the chapter heading’s translation. In the chapter heading, "kabirah" (major) is intended in its linguistic sense. It is said that every green tree or fresh twig glorifies Allah (does tasbih), and by its blessing, there is alleviation for the person in the grave. Some say that this was a particular distinction specific to the Prophet (sallallahu alayhi wa sallam) himself, and it is not for anyone else.

Hadith Commentary:
(1)
Not taking precautions against urine and going about spreading slander (carrying tales) are very grave sins, as the Messenger of Allah (sallallahu alayhi wa sallam) has stated that these are major sins (kabirah), but avoiding them is not so difficult. Therefore, the Messenger of Allah (sallallahu alayhi wa sallam) said:
“They are not being punished for something great.”
(2)
Hafiz Ibn Hajar rahimahullah has mentioned, with reference to Ibn Hibban, the wording of a narration that one of them used to harm people with his tongue and would go about spreading slander.
(Sahih Ibn Hibban, as arranged by Ibn Balban: 3/106, no. 824)
He has further written that the realm of Barzakh is a prelude to the Hereafter.
On the Day of Resurrection, the first matter to be decided among the rights of people (huquq al-‘ibad) will be regarding unlawful killing, and its basis is sometimes slander and backbiting. Among the rights of Allah (huquq Allah), the first matter to be decided will be concerning prayer (salah), and the foundation of prayer is being pure from all kinds of impurities.
Among these, avoiding the splashes of urine is foremost.
(Fath al-Bari: 10/579)

➊ Benefits and Issues:
For the supporting evidences of this hadith, see: [مصنف ابن ابی شیبہ 3 / 376، ح 12041] and others.
Keeping this hadith in view, it is submitted that in Tabaqat Ibn Sa'd [8/7], it is narrated with a sound chain from the trustworthy and devout Morriq al-Ajli rahimahullah that Sayyiduna Buraydah al-Aslami radi Allahu anhu made a bequest that two branches be placed on his grave. Imam Bukhari rahimahullah has mentioned this narration in suspended form (ta'liq) in the Book of Funerals (Kitab al-Jana'iz). [قبل ح 1361]
Against the above authentic hadith and the action of the noble Companion radi Allahu anhu, the objector has not presented any verse, but has made this baseless claim: “Whereas this is a particular religious symbol of the Shia sect.” [۔۔۔ محدث ص46]EA Whereas, long before the emergence of the Shia and Rawafid sects, the Noble Prophet sallallahu alayhi wa sallam placed or had placed two branches on two graves. This is also called planting a branch, but it absolutely does not mean that branches should be laid down with the deceased in the grave.
The statement written by the objector, based on his own dreams and imaginations, regarding the trustworthy narrators of Tabaqat Ibn Sa'd and the suspended narration of Sahih Bukhari, is clear evidence of his ignorance.

Explanation:
The punishment of the grave is established from this hadith. Both of those in the graves were indeed Muslims, and the graves were also new. The fresh branches engage in tasbih (glorification), and due to this, there may have been a reduction in the punishment. Some say that the lessening of the punishment occurred due to the supplication (dua) of the Prophet sallallahu alayhi wa sallam, and not due to the effect of those branches. «والله اعلم بالصواب»

Benefits and Issues:
Relevance between the Chapter and the Hadith:
Imam al-Bukhari rahimahullah, in the chapter heading, has declared the one who does not protect himself from urine splashes to be guilty of a major sin (kabirah). The hadith that Imam al-Bukhari has presented under this chapter also mentions this, as the Prophet sallallahu alayhi wa sallam said: “They are being punished.” You declared this act to be a major sin, and thus there is a connection between the chapter heading and the hadith. As for the issue that initially the Prophet sallallahu alayhi wa sallam said, “Not for a major sin,” and then himself said, “Yes, it is a major sin,” what is the answer to this apparent contradiction?

This contradiction can be answered in several ways:
➊ At that time, the Prophet sallallahu alayhi wa sallam may not have known that they were not being punished for a major sin. Then, through revelation, he was informed that not protecting oneself from urine splashes and backbiting are among the major sins.
➋ It is also possible that the Prophet sallallahu alayhi wa sallam did not initially call this act a major sin because, in the eyes of the people, this act was not considered among the major sins. But the Prophet sallallahu alayhi wa sallam then informed about this act that it is a major sin.
➌ It is also possible that, in the beginning, the Shari‘ah did not count this act among the major sins, but later, by calling it a major sin, indicated the heinousness of this act. This is also supported by the hadith in Sahih Ibn Hibban, whose narrator is Sayyiduna Abu Hurayrah radi Allahu anhu: «يعذبان عذابا شديدا فى ذنب هين» [فتح الباري ج1 ص422] “They are being severely punished for a minor sin.”
↰ This hadith of Ibn Hibban makes it clear that the Prophet sallallahu alayhi wa sallam initially said that they are not being punished for a major sin, meaning the sin was minor, but in terms of punishment, it is counted among the major sins.

◈ Ibn Battal rahimahullah says:
«وما يعذبان بكبير يعنى عندكم وهو كبير يعنى عند الله كقوله تعالى : ’’ وَتَحْسَبُونَهُ هَيِّنًا وَهُوَ عِندَ اللَّـهِ عَظِيمٌ“ الآية واختلفوا فى الكبائر، فقيل : الكبائر سبع، وقيل تسع . . . .» “ [الكواكب الدراري ت3 ص63]
They were not being punished in the grave for a major sin, meaning according to the Prophet sallallahu alayhi wa sallam (not protecting oneself from urine is a minor sin), but with Allah, it is a major sin, as Allah says: «﴿وَتَحْسَبُونَهُ هَيِّنًا وَهُوَ عِندَ اللَّـهِ عَظِيمٌ﴾» ‘And you considered it insignificant, while with Allah it was very great.’ [النور : 15]

◈ ‘Abdullah ibn Salim al-Basri rahimahullah says:
«واختلف فى معنى قوله : (وإنه كبير) فقيل : يحتمل إنه صلى الله عليه وسلم ظن ان ذالك غير كبير، فأوحي اليه فى الحال بأنه كبير، وتعقب، بأنه يستلزم أن يكون نسخاً، وهو لا يدخل الخبر، وأجيب : بأن الخبر بالحكم يجوز نسخه، فقوله ”وما يعذبان فى كبير“ اخبار الحكم فاذا اوحي اليه انه كبير، فأخبر به كان نسخاً لذالك الحكم» “
[ضياء الساري فى مسالك ابواب البخاري : ج 3، ص 502]
That is, the statement of the Prophet sallallahu alayhi wa sallam: ‘It is a major sin.’ There is a difference of opinion in this. It has been said that it is possible that the Prophet sallallahu alayhi wa sallam thought that (not protecting oneself from urine) was not a major sin. Then, through revelation, he was informed that it is a major sin. The objection is that this would necessitate that the first ruling is abrogated, and that is not included in reports. The answer is that when a report comes with a ruling, its abrogation is permissible (it is a well-established principle among the scholars that abrogation occurs in rulings, not in reports).”
↰ From the discussion of Imam ‘Abdullah ibn Salim rahimahullah, it becomes clear that the first ruling of the Prophet sallallahu alayhi wa sallam is abrogated, and the later ruling is the abrogator.

◈ Shah Waliullah rahimahullah says:
“They were not being punished for a major sin, then revelation came to the Prophet sallallahu alayhi wa sallam that it is a major sin, so he said: ‘Why not, yes, it is a major sin.’” [شرح تراجم ابواب البخاري، ص92]

◈ Imam Qastallani rahimahullah says:
“Ibn Daqiq al-‘Id and others say that it is not a major sin in terms of hardship, but in terms of the threat (wa‘id), it is included among the major sins. As in the hadith of Sahih Ibn Hibban: ‘They are being severely punished for a minor sin.’” [ارشادالساري : ج1، ص287]

And there is a difference of opinion regarding the number of major sins—some said they are seven, some said nine, and it has also been said that every act of disobedience, every sin for which Allah seals the heart, or threatens with the Fire, or curses, or is angry, or punishes, is a major sin.

◈ Someone asked Sayyiduna Ibn ‘Abbas radi Allahu anhuma about the major sins, whether they are seven. He replied: “They are close to seven hundred.”

◈ Imam al-Dhahabi rahimahullah (d. 748 AH) wrote a voluminous book about the major sins, in which he mentioned seventy (70) major sins, and among them, he also mentioned not protecting oneself from urine splashes. [ديكهئے كتاب الكبائر للذهبي ص133]

◈ Shah Waliullah rahimahullah says:
“They were not being punished for a major sin, then revelation came to the Prophet sallallahu alayhi wa sallam that it is a major sin, so he said: ‘Why not, yes, it is a major sin.’”
Regarding the definition of a major sin, ‘Allamah Jalal al-Din al-Suyuti rahimahullah has discussed it excellently, concisely, and comprehensively: Any sin for which there is some kind of threat, such as a prescribed punishment (hadd) like killing, adultery, and theft, or a threat of Hell, or a curse, as Allah says:
“Those who harm Allah and His Messenger, Allah has cursed them in this world and the Hereafter.” [الاحزاب]

From these discussions and quotations, it becomes clear that, in the eyes of people, this is a minor sin, but in terms of punishment, it is a major sin. «والله اعلم»

Benefit:
In the aforementioned hadith, there is a clear warning of the punishment of the grave, and a clear indication that the punishment occurs in this earthly grave; there is no concept in the Shari‘ah of any barzakh (intermediate) grave. In the Noble Qur’an and authentic hadiths, the concept of the grave is specific to this earthly grave where the deceased is buried. The Prophet sallallahu alayhi wa sallam said:
«فلولاان لا تدافنو الدعوت الله ان يسمعكم من عذاب القبر»
“If it were not for the fear that you would stop burying your dead, I would have asked Allah to let you hear the punishment of the grave.” [صحيح مسلم كتاب الجنة ونعيمها رقم 7213]
From this hadith, it is clearly understood that the punishment of the grave occurs in the very place where the deceased is buried, because if there were any other concept of a grave besides this earthly grave, then the words of the Prophet sallallahu alayhi wa sallam, “you would stop burying your dead,” would be meaningless. Reflect: did the Prophet sallallahu alayhi wa sallam ever say this regarding the punishment of Hell? Because no one is buried in Hell; it is in this earthly grave that the deceased is buried and faces either comfort or punishment.

Imam al-Bukhari rahimahullah, in several places in Sahih al-Bukhari, has mentioned the punishment of the grave and established various chapters on it, so that it may be established that the punishment of the grave occurs in this earthly grave. The concept of a barzakh grave is not proven by any verse or hadith; rather, it is only the notion of an innovating group...

Imam al-Bukhari rahimahullah establishes chapters as follows:
➊ «باب الدخول على الميت بعد الموت»
➋ «باب الرجل ينعي إلى أهل الميت بنفسه»
➌ «باب قول الرجل للمرأة عند القبر اصبري»
➍ «باب غسل الميت ووضؤه بالماء والسدر»
➎ «مواضع الوضؤ من الميت»
➏ «زيارة القبور»
➐ «كيف الاشعار للميت»
➑ «قول النبى صلى الله عليه وسلم يعذب الميت ببعض بكاء أهله عليه»
➒ «ما يكره عن النياحة على الميت»
➓ «الحنوط للميت»
⓫ «قول الميت وهو على الجنازة قدموني»
⓬ «يكره من اتخاذ المسجد على القبور»
⓭ «الصلاة على القبر بعد ما دفن»
⓮ «الميت يسمع خفق النعال»
⓯ «دفن الرجين والثلاثة قبر واحد»
⓰ «اللحد والشق فى القبر»
⓱ «بناءالمسجد على القبر»
⓲ «عذاب القبر من الغيبة والبول»
⓳ «المیت یعرض علیہ مقعدہ»
⓴ «ماجاء فی عذاب القبر»
Imam al-Bukhari rahimahullah, in these places, has not only clarified the grave but also clearly explained difficult words, and he has established chapters in seventeen places in al-Bukhari under the name of the grave. This is clear evidence that the punishment of the grave occurs in this very earthly grave. Allah says:
«﴿مِنْهَا خَلَقْنَاكُمْ وَفِيهَا نُعِيدُكُمْ وَمِنْهَا نُخْرِجُكُمْ تَارَةً أُخْرَىٰ﴾» [طه 55/20]
“We created you from it (the earth), and into it We shall return you, and from it We shall bring you forth once again.”
From these verses, it is known that Allah created man from the earth, and he will die in the earth, and he will be returned to it, and from the earth he will be resurrected on the Day of Judgment.

The Prophet sallallahu alayhi wa sallam said:
“Indeed, the believer is in a lush and green garden in his grave, and his grave is expanded for him seventy hand-spans, and it is illuminated for him like the full moon on the fourteenth night. Do you know what the verse «﴿فَإِنَّ لَهُ مَعِيشَةً ضَنكًا﴾» [طه : 124] refers to?” The Companions replied, “Allah and His Messenger know best.” He sallallahu alayhi wa sallam said: “This is the punishment of the grave which is given to the disbeliever in the grave. By the One in Whose hand is my soul, ninety-nine serpents are set upon the disbeliever. Do you know what serpents are? Each serpent is made up of seventy snakes, and each snake has seven heads, which will continue to bite and sting the disbeliever until the Day of Judgment.” [ابن حبان كتاب الجنائز رقم 3112]

Imam Ibn Khuzaymah rahimahullah, while giving evidence for the punishment of the grave, says:
The chapter is about the evidence that Allah’s statement, “He is the One Who gave you life, then will cause you to die, and then will give you life again,” does not negate that Allah will give life to a human being more than twice.
Whoever denies the punishment of the grave and claims that Allah will not give life to anyone in the grave before the Day of Judgment, and presents as evidence this verse: «﴿رَبَّنَا أَمَتَّنَا اثْنَتَيْنِ وَأَحْيَيْتَنَا اثْنَتَيْنِ﴾» [المؤمن : 11] “Our Lord, You have caused us to die twice and given us life twice.”

Similarly, other verses in which two lives are mentioned do not negate more than two lives. So understand these evidences and do not be misled.

Allah says:
«﴿اَوْ كَالَّذِي مَرَّ عَلَىٰ قَرْيَةٍ وَهِيَ خَاوِيَةٌ عَلَىٰ عُرُوشِهَا قَالَ أَنَّىٰ يُحْيِي هَـٰذِهِ اللَّـهُ بَعْدَ مَوْتِهَا ۖ فَأَمَاتَهُ اللَّـهُ مِائَةَ عَامٍ ثُمَّ بَعَثَهُ ۖ﴾» [البقرة : 259]
“Or like the one who passed by a town which had fallen into ruin. He said, ‘How will Allah bring this to life after its death?’ So Allah caused him to die for a hundred years, then brought him back to life.”
So Allah gave this servant life twice before the Day of Judgment. This verse explicitly states that Allah gave him life twice. The second time was after he had been dead for a full hundred years. Then, on the Day of Judgment, he will be given life a third time.

And Allah says:
«﴿أَلَمْ تَرَ إِلَى الَّذِينَ خَرَجُوا مِن دِيَارِهِمْ وَهُمْ أُلُوفٌ حَذَرَ الْمَوْتِ فَقَالَ لَهُمُ اللَّـهُ مُوتُوا ثُمَّ أَحْيَاهُمْ ۚ﴾» [البقرة : 243]
“Have you not seen those who left their homes in thousands, fearing death? Allah said to them, ‘Die!’ Then He restored them to life.”
I have explained in my first book, Kitab Ma‘ani al-Qur’an, that this command is a command of creation (amr takwini). Allah caused them all to die, as the words «موتوا» make clear, because the context of the verse indicates that death was imposed upon them. Then they were brought back to life after death, as Allah says: «﴿ثُمَّ أَحْيَاهُمْ﴾» “Then Allah restored them to life.” These words indicate that they had all died, then Allah brought them back to life after death. So this group was given life a second time before the Day of Judgment, and on the Day of Judgment, Allah will give them life a third time. Thus, the Book (the Qur’an) indicates that Allah gave this group life three times. How can the claim of these ignorant people be correct, that “before the Day of Judgment, Allah will not give life to anyone in the grave,” when the Book of Allah and the Sunnah of the Prophet sallallahu alayhi wa sallam have established the opposite of their false claim?
Therefore, the punishment of the grave is true, and it is connected to this earthly grave, and it is part of faith.

◈ Imam Abu Muhammad al-Barbahari rahimahullah (d. 229 AH) says:
«والإيمان بعذاب القبر، ومنكر ونكير» [اتحاف القاري بالتعليقات على شرح السنة ج1 ص159]
Imam Abu Muhammad al-Barbahari rahimahullah included the punishment of the grave and Munkar and Nakir as part of faith.

◈ The contemporary scholar, Shaykh Salih al-Fawzan, says:
«كذالك من عقيدة اهل السنة والجماعة، الايمان بعذاب القبر، ونعيم القبر، فالميت اما ان يعذب فى قبره، واما ان ينعم الي ان يعبث يوم القيمة» [اتحاف القاري ج1ص159]
Similarly, it is the belief of Ahl al-Sunnah wa’l-Jama‘ah regarding the punishment of the grave and its blessings: the deceased is either punished or blessed in the grave until the Day of Judgment. Therefore, the punishment of the grave is true. This was the belief of the noble Companions radi Allahu anhum and the pious predecessors. Whoever deviates from this faith and belief is certainly misguided and misguiding. Therefore, we seek refuge with Allah from the punishment of the grave. For further study on the punishment of the grave, the book Kitab al-Tawhid by Ibn Khuzaymah rahimahullah and al-Tadhkirah by Imam al-Qurtubi are beneficial.

Benefit Number 2:
After studying the previous hadiths, a question arises: Why is the one who does not protect himself from urine splashes subjected to the punishment of the grave? What is the connection with the grave?
The answer is that «طهارت عن البول عبادات» and obedience is the first step, and likewise, the matter of the grave is the first step among the matters of the Hereafter. On the Day of Resurrection, the first question will be about prayer, and purification (taharah) precedes prayer. That is why the punishment of the grave is the first stage among the stages of the Hereafter. When there is negligence in the first stage of worship (i.e., purification), then all the stages of the Hereafter will be ruined.
This is also supported by a hadith of the Prophet sallallahu alayhi wa sallam:
«اتقوا البول فإنه أول ما يحاسب به العبد فى القبر» [رواه الطبراني بأسناد حسن]
“Protect yourselves from urine, for the first reckoning in the grave will be about it.”

The same answer has been given by ‘Abdullah ibn Salim al-Basri rahimahullah, who writes:
«ان القبر أول منازل الآخرة، وفيه أنموذج مايقع فى القيامة من العقاب والثواب، والمعاصي التى يعاقب عليها يوم القيمة نوعان : حق الله، وحق العبادة، أول ما يقضىٰ من حقوق الله : الصلاة، ومن حقوق الناس : الدماء، واما البرزخ فيقضيٰ فيه مقدمات هذين الحقين ووسائلهما، فمقدمة الصلاة : الطهارة من الحدث والخبث و مقدمة الدماء : النميته، فيبدا البرزخ بالعقاب عليهما» [ضياء الساري : ج 3، ص 505]
“That is, the grave is the first stage among the stages of the Hereafter. In it is an example of the punishment and reward that will occur on the Day of Resurrection. There are two outcomes of disobedience: on the Day of Resurrection, the first is the rights of Allah, the second is the rights of the servants. Among the rights of Allah is prayer, and among the rights of the servants is blood (i.e., murder), which will be questioned first. In the barzakh, judgments will be made regarding both. So, what is preliminary to prayer is «طهارت من الحديث» and «خبث» (will begin with these), and what is preliminary to blood is backbiting. Then, in the barzakh, the punishment will begin with these two.”

Hadith Authentication (Takhrij al-Hadith):
[167۔ البخاري فى : 4 كتاب الوضوء : 56 باب ما جاء فى غسل البول 216، مسلم 292، أبوداود 20]

Lexical Explanation:
«مَرَّ» passed by.
«لَا يَسْتَبْرِئُ» he was not saved from it.
«النَّمِيْمَة» tale-bearing.
«جَرِيْدَة» branch.

Understanding the Hadith:
It is understood that human urine is impure (najis). The previous narration is also evidence for this, in which a Bedouin urinated in the mosque and the Prophet (sallallahu alayhi wa sallam) ordered a bucket of water to be poured over it. There is also consensus (ijma‘) on this issue. See: [بداية المجتهد 73/1، المغني 52/1، فتح القدير 135/1]

Hadith Commentary:
1.
By establishing this chapter heading, Imam Bukhari rahimahullah intends to show that urine, in addition to invalidating ablution (wudu), is also impure and filthy. Therefore, it is necessary to protect the body and clothes from it, and neglecting this is a major sin (kabirah) that can become a cause of punishment in the grave and in the Hereafter, whether it is inherently a major sin or becomes so due to persistence and habitual negligence.
It is mentioned in the hadith that the Messenger of Allah sallallahu alayhi wa sallam once urinated in a soft spot at the base of a wall and said:
“When any of you feels the need to urinate, he should choose a suitable place for it.” (Sunan Abi Dawud, Taharah, Hadith: 3)
From this, the following precautions are derived:
➊ One should choose a place that is enclosed or blocked, because in an open place, the wind can redirect the urine.
➋ One should not sit to urinate in the direction of the wind, because sometimes, due to the wind blowing from the front, the clothes or body can become contaminated.
➌ The place where the urine falls should be soft so that the urine is absorbed, because urinating on a hard surface can cause splashes that make the body and clothes impure.
➍ While urinating, the slope should be towards the front, because if it is towards the back, there is a risk of the body becoming impure.

2.
There is an apparent issue in this hadith: first, the Messenger of Allah sallallahu alayhi wa sallam negated these acts being major sins, then affirmed that they are major sins.
The commentators have offered several explanations regarding this:
(a)
Both acts were not inherently major sins, but becoming accustomed and habitual to them made them major.
The wording of the hadith also supports this, because (كَانَ) when it enters upon the imperfect verb, it indicates continuity and persistence.
➊ Avoiding these sins was not a difficult matter, nor did they face any hardship in abstaining from them, yet they still did not avoid them. This is what made them grave.
➋ In the eyes of people, these were minor sins, so they did not take care to avoid them, but with Allah, they were very serious crimes, as in the incident of Ifk, Allah the Exalted says:
“You thought it to be a trivial matter, but in the sight of Allah it was very serious.” (An-Nur: 15)
➌ The negation of “major” here is in the sense of “most major” (akbar), i.e., it is a major sin, but not as great as intentional murder. In this way, both negation and affirmation are correct in their respective contexts.
➍ The Messenger of Allah sallallahu alayhi wa sallam initially considered them minor, but then revelation came that these are not minor but major sins. Therefore, he immediately corrected himself, saying that rather, these people were guilty of major sins.
➎ According to us, the preferred view is that every crime has two aspects: physical (hissi) and legal (shar‘i). That is, these crimes seemed minor in their physical existence, but in terms of the Shari‘ah, they were extremely grave, because if the clothes or body are impure, the prayer is not valid, and tale-bearing (namimah) destroys families. In the view of the Shari‘ah, these were not minor matters, and these people remained involved in them throughout their lives, and now they are being punished for it.

3.
A major sin (kabirah) is one that, compared to other sins, is more heinous and is considered a greater evil in the eyes of the Lawgiver (Shari‘), and for which the Shari‘ah has promised curse, wrath, or punishment, or for which a legal penalty (hadd) can be imposed in this world.
Allamah ‘Ayni rahimahullah has written that the magnitude of a sin is a relative matter; thus, every sin that has a greater sin above it is minor (saghirah) in relation to the greater one, and in relation to those below it, it is itself major (kabirah). (Umdat al-Qari: 2/592)
The real point is that any major sin for which one truly repents to Allah becomes like a minor sin, and any minor sin that is persisted in and considered insignificant becomes like a major sin—just as if a small spark is not extinguished with water, it can bring down great palaces, and if great flames are cooled with water, they cause no harm.
And Allah knows best.

4.
This hadith is an explicit text that the punishment of the grave is real, and the punishment also occurs in this earthly grave. For those who do not have an earthly grave, their grave is wherever their particles are scattered.
There is no evidence in the Qur’an and Sunnah for the existence of any “barzakh grave,” as some mischief-makers claim.
Islahi Sahib has brazenly denied the punishment of the grave, writing:
“There is no meaning to punishment in the grave. There is no mention of this punishment in the Noble Qur’an, because in the realm of barzakh there is no reckoning.” (Tadabbur Hadith: 1/309)
The following statement of Allah the Exalted refutes this:
“The Fire, they are exposed to it morning and evening, and on the Day the Hour will be established (it will be said): ‘Admit the people of Pharaoh to the severest punishment.’” (Al-Mu’min: 46)
This noble verse clearly establishes the punishment of the grave. Also, the Messenger of Allah sallallahu alayhi wa sallam, in response to ‘A’ishah radi Allahu anha, said:
“Yes! The punishment of the grave is true.” (Sahih al-Bukhari, Jana’iz, Hadith: 1372)
But the deniers reject the explicit statements of the Qur’an and Hadith.
It is hoped that those who reflect on the hadiths will now surely realize the reality of the punishment of the grave.
May Allah the Exalted protect us from it.

5.
In light of this hadith, planting greenery on graves and placing flowers on them is considered permissible, whereas this act was specific to the Messenger of Allah sallallahu alayhi wa sallam.
If planting greenery was a means of lessening the punishment for the deceased, the Messenger of Allah sallallahu alayhi wa sallam would have explicitly encouraged it.
He has described various ways of conveying reward (isal thawab) and benefiting the deceased, but nowhere has he mentioned the act of placing flowers or planting greenery, even though this is a commonly available, inexpensive, and harmless method that could have been widely used at all times. Yet, he did not command it to be continued.
This is why the detailed accounts of the funerals of the Rightly Guided Caliphs radi Allahu anhum ajma‘in and other prominent Companions radi Allahu anhum ajma‘in are preserved in the books of biography, and none of them encouraged this practice.
Only Buraydah al-Aslami radi Allahu anhu acted upon it.
He instructed his son to place a branch on his grave, and that is all! The action of a single Companion cannot be given the status of Sunnah in comparison to the collective practice of the other Companions radi Allahu anhum ajma‘in.
And Allah knows best.

Explanation:
Another translation of «لايستتر من البول» is that he did not conceal himself while urinating. In some narrations, the wording «لا يستنزه» has appeared, which means that he did not avoid the splashes of urine. The purpose of both expressions is the same.

Hadith Commentary:
1.
This chapter is without a title.
Generally, such untitled chapters have three purposes:
(1)
Its connection is with the previous chapter, as if it is a supplement and completion of it.
(2)
The intention is to increase the intellectual capacity of the readers so that they reflect upon the hadith and establish a title themselves.
(3)
Sometimes, it is also an indication that multiple issues are established from the hadith under the untitled chapter, so it is not limited by assigning a single title to it.
At this point, the commentators have written various reasons regarding the intention of Imam Bukhari rahimahullah:
(a)
Shah Waliullah rahimahullah has written in the introductions to the chapters of Bukhari that the word "chapter" (bab) is only present in the manuscript of Abu Zur’ radi Allahu anhu; in other manuscripts of Bukhari, the word "chapter" is not present here.
Therefore, its omission is preferable.
(b)
Hafiz Ibn Hajar rahimahullah has written that this chapter is a section of the previous chapter, but even this position cannot be agreed upon because for something to be considered a section of the previous chapter, two things are necessary:
1.
There should be some aspect of unity between the two.
2.
From another perspective, there should also be a clear aspect of difference between them.
If it is accepted as a section of the previous chapter "Ritual Bath (ghusl) due to Urine," then there is complete difference; there is no aspect of unity between them.
If it is accepted as a section of the chapter before that, then there is complete unity, because this hadith was also mentioned there.
What is the point of mentioning it again here?
Allamah ‘Ayni rahimahullah has written that the purpose of Imam Bukhari rahimahullah in this untitled chapter is to show the difference in the chain of narration (isnad); the previous narration was Mujahid from Ibn Abbas radi Allahu anhu, and the present narration is Mujahid from Tawus from Ibn Abbas radi Allahu anhu, meaning this narration is through Tawus, whereas the first was direct.
Imam Ibn Hibban rahimahullah has accepted the authenticity of both routes, and this means that Imam Mujahid rahimahullah heard the mentioned hadith both directly and through Tawus.
Imam Tirmidhi rahimahullah has considered the narration through Tawus to be more authentic.
(‘Umdat al-Qari: 2/604)
According to us, the purpose of this untitled chapter is to increase the intellectual capacity of the readers so that, considering its context, they themselves establish an appropriate title. Thus, the following title is suitable here:
(al-bawl mujiban li-‘adhab al-qabr) "Urine as a cause for the punishment of the grave."
In the previous chapter, its being a major sin was established, and here it is indicated that the punishment of the grave also occurs due to a major sin.
2.
Hafiz Ibn Hajar rahimahullah has written that Imam Bukhari rahimahullah established this independent chapter so that the obligation of washing urine becomes clear.
There is no doubt that washing urine is obligatory; however, in the case of cleaning with stones (istinja with stones), concession is established, provided it does not spread beyond its place.
If urine spreads beyond its place, then even after cleaning with stones, washing it is established from this hadith, meaning Imam Bukhari rahimahullah’s intention is to emphasize the obligation of washing urine that has spread beyond its place.
(Fath al-Bari: 1/420)
3.
Ibn Battal has written that the meaning of "la yastatir" is:
He did not protect his body and clothes from urine, so when there is a warning of punishment for being careless in washing it and considering it insignificant, it is understood that the one who leaves urine at its exit and does not wash it is also deserving of punishment.
In other narrations besides Sahih Bukhari, the words (la yastabri’u) are present, meaning after urinating, if there is a drop about to come, he would not try to expel it, so it is necessary that during istinja, care is taken that no drop remains in the urinary passage.
If one is careless in this and a drop of urine comes out after ablution (wudu), then the ablution is invalidated and the prayer will also not be valid.
(Sharh Ibn Battal: 2/325)
Nowadays, since complaints regarding weakness of the bladder are common, therefore, during istinja, one should completely empty the urinary passage through stimulation and shaking.
4.
From this hadith, it is understood that the punishment of the grave is deeply connected to not being cautious regarding urine and to tale-bearing.
Hafiz Ibn Hajar rahimahullah has explained the connection between the two, that the Barzakh is the prelude to the Hereafter, and on the Day of Judgment, the first matter to be decided among the rights of Allah will be the prayer, and only that prayer will be accepted which is based on purification from minor and major impurities, and among the rights of the servants, the first matters to be decided will be those of murder and bloodshed, and the major source of murder and bloodshed is backbiting and tale-bearing.
When one’s words are conveyed to another with the intention of causing corruption and mischief, it will inflame emotions and may lead to murder and unlawful bloodshed.
(Fath al-Bari: 10/579)
(5)
Islahi Sahib has also expressed his far-fetched doubts regarding this narration and, in his view, has considered it questionable.
In this narration, the name of Imam A‘mash appears.
Listen to the commentary of Imam Tadabbur regarding him:
"The experts in the science of narrators say that A‘mash was accused of Shi‘ism. If this is the case, then I feel that just as Zuhri would mix things in narrations, in the same way A‘mash has done so here."
(Tadabbur Hadith: 1/310)
Among the experts in the science of narrators, Yahya al-Qattan’s name is foremost.
Regarding Imam A‘mash, Yahya al-Qattan says that he was extremely devout and a sign of Islam.
Abu Bakr ibn ‘Ayyash used to refer to him with the title "Sayyid al-Muhaddithin" (the leader of the hadith scholars).
(Tahdhib al-Kamal fi Asma’ al-Rijal: 8/113-114)

Hafiz Nawawi rahimahullah writes:

«استحب العلماء قراءة القرآن لهذا الحديث، لأنه إذا كان يرجي التخفيف بتسبيح الجريد، فتلاوته أوليٰ، والله أعلم !»

“In this hadith, the scholars have considered the recitation of the Noble Qur’an to be recommended (mustahabb), because when there is hope for a reduction in punishment due to the glorification (tasbih) of a twig, then the recitation of the Noble Qur’an is even more deserving of this.”

And Allah knows best!
[شرح صحيح مسلم للنووي: ۱٤۱/۱]

Commentary:

It is not permissible to use this hadith as evidence for the legitimacy of Qur’an recitation gatherings (Qur’an khwani), because none of the people of the best generations (khayr al-quroon) held this view. Furthermore, there is nowhere in this hadith that mentions the reduction in punishment occurred due to the glorification (tasbih) of those twigs; therefore, this is an invalid analogy (qiyas ma‘ al-fariq). Moreover, this was a special distinction (khasiyyah) of the Prophet sallallahu alayhi wa sallam. The reduction in punishment occurred due to the supplication (du‘a) and intercession (shafa‘ah) of the Prophet sallallahu alayhi wa sallam, as is found in another narration from Sayyiduna Jabir bin Abdullah radi Allahu anhu, that the Messenger of Allah sallallahu alayhi wa sallam said:

«إني مررت بقبرين يعذبان، فأحببت بشفاعتي أن يرفه ذاك عنهما، مادام الغصنان رطبين .»

“I passed by two graves whose (inhabitants) were being punished. Due to my intercession (shafa‘ah), I wished that their punishment be lightened for them as long as the two twigs remain fresh.”
[صحيح مسلم: ٤۱۸/۲، ح: ۳۰۱۲]

The cause (‘illah) in these two different incidents is the same. Similarly, a third incident is also narrated from Sayyiduna Abu Hurayrah radi Allahu anhu.
[صحيح ابن حبان: ۸۲٤، وسنده حسنٌ]

Also see: [مصنف ابن ابي شيبه: ۳ /۳٧٦، مسنداًلامام احمد: ٤٤۱/۲ عذاب القبر اللبيهقي: ۱۲۳، وسنده حسنٌ]

Benefit:

Murriq al-‘Ajli says:

«أوصيٰ بريده الأسلمي أن توضع فى قبره جريدتان، فكان مات بأذني خراسان، فلم توجه إلا فى جوالق حمار .»

“Sayyiduna Buraydah al-Aslami radi Allahu anhu had made a bequest that two twigs be placed on his grave. He radi Allahu anhu passed away in the region of Khurasan, and there, these twigs were only found in the pens of donkeys.”
[الطبقات لابن سعد: ۸/۷، وسنده صحيحٌ ان صحٌ سماع مورق عن بريدة]

If authentic, this appears to be the personal opinion of Sayyiduna Buraydah radi Allahu anhu. He instructed for two twigs to be placed on his grave, but did not order them to be planted with the intention of reducing punishment as the Prophet sallallahu alayhi wa sallam did.

Benefit:

The narration of Sayyiduna Abu Barzah al-Aslami radi Allahu anhu (Tarikh Baghdad 182/1-183) is “weak (da‘if).” The circumstances of two of its narrators, al-Shah ibn ‘Ammar and al-Nadr ibn al-Mundhir ibn Tha‘labah al-‘Abdi, could not be found. Secondly, Qatadah rahimahullah was a “mudallis” (one who sometimes omits his source). His hearing (sama‘) from any Companion other than Sayyiduna Anas radi Allahu anhu is not established.
[جامع التحصيل فى احكام المراسيل: ۲۵۵]

Hadith Commentary:
The Prophet sallallahu alayhi wa sallam placed date palm branches on a grave.
Some have understood this to be a Sunnah.
Others say that this was a specific characteristic (khasiyyah) of the Prophet sallallahu alayhi wa sallam, and that there is no benefit for anyone else in placing branches.
Accordingly, Imam Bukhari rahimahullah brought the narration of Ibn Umar radi Allahu anhu to establish this very point.
Ibn Sa’d connected (made musnad) the narration of Ibn Umar and Buraydah radi Allahu anhu.
Imam Bukhari rahimahullah connected the narration of Kharijah ibn Zayd in his Tarikh al-Saghir.
By mentioning this narration and the one after it, Imam Bukhari rahimahullah’s intent is to show that only the deeds of the deceased benefit him.
Placing something elevated, such as branches, or constructing a high structure over the grave, or sitting on the grave—these things, outwardly, neither benefit nor harm.
Kharijah ibn Zayd was among the seven jurists (fuqaha) of Madinah.
He narrated from his uncle Yazid ibn Thabit that sitting on a grave is disliked (makruh) for the one who relieves himself (defecates or urinates) on it.
(Wahidi)
Allamah Hafiz Ibn Hajar rahimahullah says:
Ibn Rashid said: “It is apparent from the approach of Bukhari that this act was specific to those two (graves), and for this reason he followed it with the statement of Ibn Umar: ‘Only his deeds shade him.’”
(Fath al-Bari)
That is, Ibn Rashid said that from Imam Bukhari rahimahullah’s approach, it is clear that the act of placing branches was specific to those two graves.
Therefore, Imam Bukhari rahimahullah, after mentioning this, brought the statement of Abdullah ibn Umar radi Allahu anhu that only the deeds of the deceased can shade him.
The one whose grave was seen with a tent over it was Abdur Rahman ibn Abu Bakr al-Siddiq radi Allahu anhu, and Abdullah ibn Umar radi Allahu anhu had that tent removed.
The opinion of the majority (jumhur) regarding sitting on graves is that it is impermissible (najaa’iz).
Several ahadith have been narrated on this matter; a few are presented below.
From Abu Hurayrah, he said:
The Messenger of Allah sallallahu alayhi wa sallam said:
«لَأَنْ يَجْلِسَ أَحَدُكُمْ عَلَى جَمْرَةٍ فَتُحْرِقَ ثِيَابَهُ، فَتَخْلُصَ إِلَى جِلْدِهِ، خَيْرٌ لَهُ مِنْ أَنْ يَجْلِسَ عَلَى قَبْرٍ» Narrated by the group except Bukhari and Tirmidhi.
That is, the Messenger of Allah sallallahu alayhi wa sallam said: “For one of you to sit on a burning coal that burns his clothes and reaches his skin is better for him than to sit on a grave.”
Another hadith is narrated from Amr ibn Hazm:
The Messenger of Allah sallallahu alayhi wa sallam saw me reclining on a grave and said:
“Do not harm the occupant of this grave—or do not harm him.” Narrated by Ahmad.
That is, the Prophet sallallahu alayhi wa sallam saw me leaning against a grave and said that you should not harm the one in the grave.
On the basis of these ahadith, sitting on graves is prohibited.
As for the action of Abdullah ibn Umar radi Allahu anhu, which has been mentioned—that he used to sit on graves—
Perhaps his view was that sitting is only prohibited for the one who relieves himself (defecates or urinates) on the grave.
However, based on other ahadith, sitting in general is also prohibited, as mentioned, or perhaps what is meant by his sitting on the grave is only leaning against it, not actually sitting on top of it.
From the aforementioned hadith, the punishment of the grave is also established, which is a truth proven by many Qur’anic verses () and Prophetic ahadith ().
Those who deny the punishment of the grave and still call themselves Muslims—
They are ignorant of the Qur’an and Hadith and are misguided.
May Allah guide them.
Amin.

Hadith Commentary:
(1)
This hadith does not prove that placing a fresh palm branch on a grave is a recommended (masnun) act, because doing so was something specific to the Messenger of Allah (sallallahu alayhi wa sallam); for others, it is not permissible to do so, as placing flowers or fresh branches on a grave brings no benefit.

(2)
It should be clear that the alleviation of punishment for the inhabitants of the graves was due to the supplication and intercession of the Messenger of Allah (sallallahu alayhi wa sallam), and the freshness of the branches had no role in this, as is evident from a hadith narrated from Jabir (radi Allahu anhu), in which the Messenger of Allah (sallallahu alayhi wa sallam) said:
“I passed by two graves and came to know that the men buried in them were being punished, so I wished that through my intercession, as long as these twigs remain fresh, the punishment would be removed from them.”
(Sahih Muslim, Kitab al-Zuhd, Hadith: 7518(3012))

This hadith explicitly indicates that the removal of punishment from them was due to the supplication and intercession of the Messenger of Allah (sallallahu alayhi wa sallam), and the palm branch and its freshness had no role in it.

If their freshness were the cause of alleviation, then those buried in dense orchards should not be punished at all, whereas this assumption is neither rationally nor textually correct.

Furthermore, if the freshness itself were the cause of alleviation of punishment, there would have been no need to split the palm branch into two parts; rather, it could have been broken into two pieces so that the alleviation would last longer, but this was not done. Thus, the clear meaning is that the alleviation of punishment was solely due to the supplication and intercession of the Prophet (sallallahu alayhi wa sallam).

If the freshness of the branches were the cause of alleviation of punishment, then this would have been done for other inhabitants of the graves as well, and after the Prophet (sallallahu alayhi wa sallam), his noble Companions (radi Allahu anhum) would have practiced it abundantly.

If this were the case, this practice would have reached us through mass transmission (tawatur).

Since this is not established, the clear meaning is that this act is, in essence, not legislated (ghayr mashru‘).

Regarding the bequest of Buraydah al-Aslami (radi Allahu anhu), we have already presented our remarks earlier.

Shaykh al-Albani (rahimahullah) writes that placing dodder (akās) or other flowers, etc., on graves is not permissible, because such an act is not established from the pious predecessors (salaf).

If this act were better, they would have preceded us in it.
(Ahkam al-Jana’iz, p. 258, Issue: 124)

Hadith Commentary:

Hafiz Ibn Hajar rahimahullah states:

Al-Zayn ibn al-Munir said: The intent behind specifying these two matters for mention is to magnify their importance, not to negate the ruling from other than them. Thus, from their mention, it does not follow that the punishment of the grave is restricted to only these two. However, the apparent meaning of limiting the mention to these two is that they are more likely to cause the punishment of the grave than others. The authors of the Sunan have narrated from the hadith of Abu Hurayrah radi Allahu anhu: “Protect yourselves from urine, for most of the punishment of the grave is because of it.” Then the author rahimahullah has cited here the hadith of Ibn Abbas radi Allahu anhu regarding the story of the two graves, and in it there is no mention of backbiting (ghibah), rather the word used is tale-bearing (namimah). The detailed discussion on this has already preceded in the Book of Purification (Kitab al-Taharah) (Fath al-Bari).

That is, Zayn ibn al-Munir said that the mention of only two things in the chapter is due to their significance.
It is not intended to negate other sins besides these.
Thus, from their mention, it does not follow that the punishment of the grave is limited to only these two sins.
Here, sufficing with their mention is an indication that committing them makes the punishment of the grave more likely.
The wording of the hadith of Abu Hurayrah radi Allahu anhu is: “Attain purity from urine, for generally the punishment of the grave is due to it.”
After the chapter, the author rahimahullah has narrated here the story of the two graves from the hadith of Ibn Abbas radi Allahu anhu.
In it, the word backbiting (ghibah) does not occur, rather the word tale-bearing (namimah) is mentioned; further clarification has already passed in the Book of Purification.
Backbiting (ghibah) and tale-bearing (namimah) are nearly the same type of sin, so both are causes of the punishment of the grave.

Hadith Commentary:
(1)
Although backbiting (ghibah) is not mentioned in this hadith, backbiting and tale-bearing (namimah) are sins of nearly the same kind; therefore, both are among the causes of the punishment of the grave. However, in some chains of transmission (turūq) of this hadith, the word "backbiting" (ghibah) does appear.

(2)
Hafiz Ibn Hajar rahimahullah has written, quoting Zayn ibn Munir, that in this heading only two things are mentioned due to their importance; the exclusion of other sins is not intended. That is, mentioning these does not necessitate that the punishment of the grave is limited only to these two sins. The reason for mentioning only these here is that the occurrence of the punishment of the grave due to their commission is more likely, because both of these acts are of a public nature.

In the books of hadith, there is a narration from Abu Hurairah radi Allahu anhu in which it is stated: "Beware of urine, for generally the punishment of the grave is due to carelessness regarding it."
(Sunan al-Daraqutni: 1/127, and Fath al-Bari: 3/308)

Hadith Commentary:
Vocabulary of the Hadith:
(1)
Fī Kabīr(in):
Abandoning this sin was not difficult or hard,
or in their estimation, it was not considered a major sin.
It was indeed a major sin, but not among the gravest of the major sins.
(Sharh Nawawi: 1/141)
Qadi ‘Iyad has made this same interpretation.

(2)
Namīmah:
Conveying people’s statements to others in order to create discord and corruption among them,
that is, going around as a tale-bearer.

(3)
Lā yastatiru:
In the next narration, it is:
Lā yastanzihu:
The meaning is to avoid,
to take precaution to keep one’s body and clothes protected from one’s urine.

(4)
‘Asīb(in):
A branch of a date-palm.

(5)
Ratb(in):
Fresh (moist).

English Commentary:
1:
That is, he did not exercise caution while urinating; drops of urine would fall upon his body or clothes, which became the cause of punishment in the grave. Therefore, one should be careful regarding this, and this is not something very great or difficult.

2:
Tale-bearing (carrying tales) itself, although a major sin, is not something difficult to avoid. In this regard, it is stated that they are not being punished for something great (i.e., something difficult to abstain from).

Benefits and Issues:
➊ The Messenger of Allah sallallahu alayhi wa sallam used to give such news only by the information of Allah, the Mighty and Majestic. He said: «وَما يَنطِقُ عَنِ الهَوىٰ ٭ إِن هُوَ إِلّا وَحىٌ يوحىٰ» [النجم : 4۔ 3] “He does not speak from his own desire; it is only a revelation revealed to him.” Some people derive from this hadith the issue that the Noble Prophet sallallahu alayhi wa sallam knew the unseen (ghayb), whereas the real matter regarding the affairs of the unseen is that they are the exclusive domain of Allah Ta’ala; only He knows them. Allah Ta’ala says: «وَعِندَهُ مَفاتِحُ الغَيبِ لا يَعلَمُها إِلّا هُوَ ۚ وَيَعلَمُ ما فِى البَرِّ‌ وَالبَحرِ‌ ۚ وَما تَسقُطُ مِن وَرَ‌قَةٍ إِلّا يَعلَمُها وَلا حَبَّةٍ فى ظُلُمـٰتِ الأَر‌ضِ وَلا رَ‌طبٍ وَلا يابِسٍ إِلّا فى كِتـٰبٍ مُبينٍ» [الانعام : 59] “And with Him are the keys of the unseen; none knows them except Him. And He knows whatever is in the land and in the sea. Not a leaf falls but that He knows it. And no grain is there within the darknesses of the earth and no moist or dry [thing] but that it is [written] in a clear record.” And He said: «قُل لا يَعلَمُ مَن فِى السَّمـٰو‌ٰتِ وَالأَر‌ضِ الغَيبَ إِلَّا اللَّهُ ۚ وَما يَشعُر‌ونَ أَيّانَ يُبعَثونَ» [النمل : 27۔ 65] “Say: None in the heavens and earth knows the unseen except Allah, nor do they perceive when they will be resurrected.” However, Allah Ta’ala informs whomever He wills among His messengers about matters of the unseen. Allah Ta’ala says: «عـٰلِمُ الغَيبِ فَلا يُظهِرُ‌ عَلىٰ غَيبِهِ أَحَدًا» ٭ «إِلّا مَنِ ار‌تَضىٰ مِن رَ‌سولٍ فَإِنَّهُ يَسلُكُ مِن بَينِ يَدَيهِ وَمِن خَلفِهِ رَ‌صَدًا» [الجن : 72۔ 26، 27] “(He alone is) Knower of the unseen, and He does not disclose His [knowledge of the] unseen to anyone, except whom He has approved of messengers, and indeed, He sends before him and behind him observers.” And He said: «قُل ما كُنتُ بِدعًا مِنَ الرُّ‌سُلِ وَما أَدر‌ى ما يُفعَلُ بى وَلا بِكُم ۖ إِن أَتَّبِعُ إِلّا ما يوحىٰ إِلَىَّ وَما أَنا۠ إِلّا نَذيرٌ‌ مُبينٌ» [الاحقاف : 46، 9] “Say: I am not something original among the messengers, nor do I know what will be done with me or with you. I only follow that which is revealed to me, and I am not but a clear warner.”

➋
In the famous hadith narrated from Umar ibn al-Khattab radi Allahu anhu, when Jibril asked the Prophet alayhis-salam about the Hour (Qiyamah), he sallallahu alayhi wa sallam replied: «ما المسؤل عنها باعلم من السائل» [صحيح البخاري الايمان، باب سؤال جبريل النبى صلى الله عليه وسلم عن الايمان۔۔۔۔۔۔۔ حديث : 50، صحيح مسلم، الايمان، حديث : 8] “The one being questioned knows no more about it than the questioner.” Then the Prophet sallallahu alayhi wa sallam did inform Jibril alayhis-salam about some of the signs of the Hour. From this, it is also understood that the Prophet sallallahu alayhi wa sallam had only as much knowledge of the unseen as Allah Ta’ala made known to him, and he informed about it when necessary. As for the other matters of the unseen about which Allah Ta’ala did not inform him, he sallallahu alayhi wa sallam had no knowledge of them. Not attaining purity from urine, or not protecting oneself from its splashes, or not covering oneself, i.e., sitting in the open to relieve oneself, are causes of the punishment of the grave.

➌ Tale-bearing (namimah) should also not be considered a trivial matter; rather, it is a major sin and a cause of the punishment of the grave.

➍ The act of the Messenger of Allah sallallahu alayhi wa sallam placing branches on graves was specific to him. None of the Companions after him performed this act. Those who do so now are committing an innovation (bid‘ah).

(1) “It was a great thing.” The meaning is that for them, this was not a difficult or burdensome matter, whereas in reality, it was indeed a major sin (kabirah).

(2) “He did not protect himself from urine.” That is, the person did not avoid the splashes.

(3) “Carrying tales” means conveying statements from one party to another and vice versa in order to create mutual conflict and discord, even if what is conveyed is true. This too is a major sin (kabirah), because nothing is worse than causing discord. “A beneficial lie is better than a harmful truth.” That is, a lie that removes discord is better than a truth that increases discord.

(4) The Prophet sallallahu alayhi wa sallam placing twigs on those graves is his practical intercession, meaning: O Allah! Suspend the punishment from them until these twigs dry out. This does not mean that we should also start placing twigs. If placing twigs in this way would suspend the punishment, then people would simply plant trees on graves, so that they never dry out and the punishment never begins. This would be the easiest method. The reality is that the Messenger of Allah sallallahu alayhi wa sallam performed this act on the basis of revelation for a specified time; otherwise, the twig has no connection to the alleviation of punishment. The Messenger of Allah sallallahu alayhi wa sallam never placed a twig on any grave except in this incident. This was his unique characteristic, not a Sunnah. To use this hadith as evidence for placing flowers on the graves of elders is strange. The logical conclusion of this argument is that their action makes it clear that their elders or those buried in the graves are being punished. Otherwise, what justification is there for scattering flowers or similar acts on graves?

31. Commentary:

➊ Some people interpret the words in «فِي كَبِيرٍ» “due to grave deeds” to mean “major sins”—that is, those people were being punished, but not because of sins that are major and dangerous; rather, they were being punished due to minor sins. However, this is not the meaning of these words at all. The correct and accurate meaning is that both of these acts—namely, “carelessness regarding urine (i.e., not protecting oneself from impurity) and tale-bearing”—are major (kabirah) and dangerous sins. This is explicitly stated in the noble hadith. See: [صحیح البخاري ، الوضوء ، حدیث 216]
Yes, the words do mean that these two acts are not so burdensome and difficult that they cannot be avoided, nor is it impossible to refrain from them. Avoiding these acts is not a great hardship. In reality, both of these are major sins.

➋ Placing a stick or branch was, in fact, an active intercession (shafa‘ah fi‘liyyah), meaning: “O Allah! Grant them relief from punishment for as long as these remain fresh.” The placing of the stick was only for the determination of a period, as is clear from the explicit wording. Otherwise, the stick itself has no connection to the alleviation of punishment, such that it should be considered a Sunnah and practiced even now. However, it is mentioned that Buraidah radi Allahu anhu made a bequest regarding the placing of a stick. [صحیح البخاري ، الجنائز ، قبل الحدیث : 1361]
In view of this, some hold the opinion that placing a stick is permissible, but it has no connection to the alleviation of punishment. The latter point is correct, but the truth is that this was the ijtihad (independent reasoning) of the Companion, because there was no inherent virtue in the stick itself for the alleviation of punishment. In reality, it was due to the blessing of the action of the Messenger of Allah sallallahu alayhi wa sallam and his nearness to Allah that he hoped for the alleviation of punishment. Another point is that this was a miracle (mu‘jizah) of the Prophet; for anyone else, the unveiling and manifestation of the conditions of the graves is impossible. When the state of the grave cannot even be known, then what is the meaning of planting a stick? Yes, as a marker, a stone or stick, etc., may be temporarily placed out of necessity. And Allah knows best.

Commentary:
(1)
The Messenger of Allah (sallallahu alayhi wa sallam) was informed about the conditions inside the grave.
This is in the nature of a miracle, and a miracle is specific to a prophet.
It is possible that this information was given through revelation (wahy).

(2)
This incident also proves the existence of punishment in the grave.

(3)
To avoid urine means to protect the body and clothing from urine splashes, and after relieving oneself, to perform istinja (cleansing) with soil or water.

(4)
Here, urine refers to human urine.
Because in this hadith, the words are “from his own urine.”
It is also necessary to avoid the urine of those animals whose meat is not consumed; however, regarding the urine of cows, buffaloes, etc., whose meat is consumed, the Shariah has shown leniency. Nevertheless, from the perspective of cleanliness, it is better to avoid their urine as well.

(5)
The meaning of “not being punished for a major reason” is that avoiding urine was not a difficult task.
If one had paid a little attention and exercised caution, he could have protected himself from urine splashes.

(6)
Tale-bearing (namimah)
means to convey what one person has said to another so that a quarrel arises between them or their mutual love is destroyed.
Even if the statement is true, conveying it in this manner to create discord is a grave sin.
And if it is a lie, the severity of the sin increases even more.
Mentioning someone’s faults in his absence is also tale-bearing (ghibah, backbiting) and a major sin; however, at times, mentioning someone’s fault in his absence is permissible.
The scholars have mentioned six cases in which backbiting is permissible:
1.
For the oppressed to complain about the oppressor to a ruler or someone who can punish him or prevent the oppression.
2.
When the intention is to seek help from another to prevent evil, provided there is hope that this person can stop the evil.
3.
To clarify the situation when asking about a legal issue (fatwa).
4.
To protect Muslims by warning them about someone’s evil, it is necessary to mention his fault; for example:
To mention the weakness of a hadith narrator, or when someone seeks advice about marrying, entering into a business partnership, or entrusting something to someone, the advisor should inform the inquirer of the true situation if the person is not suitable.
5.
If a person openly commits sin or innovation (bid‘ah), it is permissible to mention this fault in his absence so that everyone can collectively prevent him from it.
6.
If a person is known by a particular name due to a physical defect or flaw, then mentioning him by that name is permissible, such as “the lame one” or “the bald one,” provided it is not intended as an insult. (Riyad as-Salihin, Chapter: Clarification of What is Permissible of Backbiting)

Benefits and Issues:
The apparent meaning of «لا يستتر» is that "he did not cover himself." It can also be said that "he did not place anything between himself and his urine so that it would not touch his body and clothes." In this way, both expressions carry essentially the same meaning.