Muslim

761. Commentary:

➊ Praying towards a grave is prohibited because it creates the suspicion of worshipping the deceased. It is also forbidden for anything that is worshipped to be in front of the worshipper during prayer, such as idols, fire, etc., besides graves.

➋ "Do not sit on the grave"—that is, it is prohibited to sit for comfort by leaning against it or to sit on it in any manner, because this constitutes disrespect to the grave. Just as excessive veneration of graves beyond necessity is forbidden, so too is their disrespect impermissible. Some have interpreted sitting here to mean sitting for relieving oneself, but this is very unlikely, as one seeks a lower place for relieving oneself, not a raised one. Some scholars have explained it as sitting as a caretaker (mujawir) or in seclusion (i'tikaf) at the grave, but this is contrary to the apparent meaning. It is a separate matter that, based on other evidences, being a caretaker or performing i'tikaf at the grave is also prohibited, but the correct meaning here is the first one.

Hadith Commentary: Benefits and Issues: ➊
This hadith proves that just as sitting on a grave is a cause of its disrespect and is impermissible, in the same way, praying facing towards it is a cause of its veneration, or at the very least, it resembles such veneration.
For this reason, Mulla Ali Qari has written:
If this is truly for the veneration of the grave or the person in the grave, then the one venerating becomes a disbeliever.
(Fath al-Mulhim, vol. 2, p. 507)
➋
When sitting on a grave is not permissible, then how can urinating or defecating on it be permissible, which is an extremely indecent and reprehensible act?
Imam Malik rahimahullah interprets the prohibition of sitting as referring to this (i.e., urinating or defecating on the grave).

Explanation:
1:
This contains evidence for the prohibition of sitting on graves. This is the position of the majority (jumhur) of scholars. The reason for this prohibition is that it entails the humiliation of a human being, whereas Allah, the Exalted, has honored and dignified him.

2:
The reason for this prohibition is that it results in resemblance to the polytheists (mushrikin), and also contains an aspect of venerating other than Allah, which could lead to shirk (associating partners with Allah).

Benefits and Issues:
It is forbidden to perform prayer in a graveyard or by making any grave a qiblah.
However, the funeral prayer (salat al-janazah), in which there is neither bowing (ruku‘) nor prostration (sujud), has a special allowance, as has been mentioned previously.

Benefits and Issues:
➊ From this hadith, it is understood that performing prayer facing towards graves is prohibited.
➋ Some individuals construct mosques near the graves of elders (awliya) with the intention of obtaining spiritual benefit from the souls of these elders. This too is prohibited. In the hadith of Sayyidah Aisha radi Allahu anha, the Prophetic statement is absolutely clear: “May Allah curse the Jews and Christians, for they took the graves of their prophets as places of prostration (mosques).” [صحيح البخاري، الجنائز، باب ما يكره من اتخاذ المساجد على القبور، حديث : 1330]
➌ One meaning of this could also be that the acts performed in mosques for Allah the Exalted should not be performed at graves. Another meaning could be that prayer should not be performed facing towards graves, as this could give rise to suspicion of shirk (associating partners with Allah).
➍ There are several possible meanings for sitting on graves. One is to use the grave as a pillow, just as one leans on a cushion; similarly, making a grave into a cushion is prohibited. Another is to sit on graves as a caretaker (mujawir), and also to sit on graves for the purpose of relieving oneself—both are prohibited and unlawful.

Narrator of the Hadith:
(Sayyiduna Abu Marthad al-Ghanawi radi Allahu anhu) Abu Marthad is the kunyah. His name is Kinnaz. In “Kinnaz,” the “kaf” has a fatha and the “nun” has a shaddah. Kinnaz ibn Husayn ibn Yarbu’ al-Ghanawi. “Ghanawi” has a fatha on both the “ghayn” and the “nun.” He is called Ghanawi due to his affiliation with the tribe of Ghani ibn Ya’sur, a branch of Ghatafan. He was a Badri companion. He was an ally and friend of Sayyiduna Hamzah ibn Abd al-Muttalib radi Allahu anhu. He participated in all the battles. He passed away in the year 12 Hijri at the age of 66. In «مَرْثَد», the “mim” has a fatha, the “ra” is sukun, and the “tha” has a fatha.