Nasai

705. Commentary:

➊ Umm Salamah and Umm Habibah (radi Allahu anhuma) were among those who migrated to Abyssinia with their respective husbands. That was a Christian country.

➋ They used to build a mosque over the grave of a pious man and make images of that pious man and other righteous people in it. The purpose was reverence and remembrance of them, but gradually, worship of those images would begin. Therefore, the Shari‘ah has absolutely prohibited building mosques over graves, as this can become a means of shirk (associating partners with Allah). And indeed, wherever mosques have been built upon or near graves, worship of those graves takes place; for this reason, such people have been called the worst of creation.

➌ By "the righteous" (salihin) are meant the disciples (hawariyyun) of the Prophets (the earliest followers), or the scholars and monks, because the Christians considered them like Prophets and obeyed them unconditionally.

Hadith Commentary:
This narration has been transmitted with a connected chain by Abu Nu‘aym in Kitab al-Salat, who is among the teachers (shuyukh) of Imam Bukhari rahimahullah.
The details are as follows: ‘Umar radi Allahu anhu saw Anas radi Allahu anhu praying near a grave. He called out “qabr, qabr” (grave, grave) to inform him, but Anas thought he was saying “qamar” (moon). Later, upon understanding, he moved away from the grave and performed the prayer.
From this, Imam Bukhari rahimahullah deduced that the prayer is valid; if it had been invalid, he would have started over.
(Fath)
In today’s era, when grave-worship is widespread, and even forty-day seclusion (chilla) worship, shrines worship, and taziya worship are all at their peak, then in such circumstances, in accordance with the hadith of the Messenger of Allah sallallahu alayhi wa sallam, one should prohibit the building of mosques near graves. And if anyone prostrates to a grave or prays facing a grave, then what doubt can there be in his being a polytheist (mushrik)?

Hadith Commentary:
1.
Imam Bukhari rahimahullah claims that it is permissible to remove graves from a graveyard of polytheists (mushrikeen) and build a mosque there, and the evidence he has mentioned is that it is not allowed to make a graveyard into a mosque. Therefore, there is not complete congruence between Imam Bukhari’s claim and his evidence.

Explaining this, Hafiz Ibn Hajar rahimahullah writes that the warning and curse upon the Jews and Christians is, just as it applies to those who, in exaggerating the veneration of the graves of the Prophets (alayhimussalam), made them places of prostration and as a result began to consider those Prophets (alayhimussalam) as deities, likewise this warning also applies to those who build a mosque on the site of these graves in such a way that they remove the pure bodies from the graves and throw away the bones.

He states that both of these matters are specific to the Prophets (alayhimussalam) and their followers. As for the disbelievers (kuffar), these matters do not apply to them. Therefore, if the bones are removed from the graves of the disbelievers and a mosque is built in their place, there is no harm in it, because honoring them is not intended, and there is no harm in their humiliation.

(Fath al-Bari: 1/679)

2.
The reason for the curse upon the Jews and Christians was that they made the graves of the noble Prophets (alayhimussalam) into mosques while keeping the graves intact.

When building a mosque while keeping the graves of the Prophets (alayhimussalam) intact is a cause for curse, then building a mosque while keeping the graves of polytheists intact will, a fortiori, be even more deserving of curse.

In this way, the congruence between Imam Bukhari’s claim and his evidence becomes apparent.

However, it is necessary to note that digging up the graves of the Prophets (alayhimussalam) is strictly forbidden (haram) and a cause of their disrespect.

Therefore, under no circumstances is it permissible to build a mosque on the site of their graves.

In contrast, there is no respect due to the graves of polytheists, so in order to build mosques on their sites, it is necessary to remove them and separate the bones.

And when the land is purified from their impure bodies, then a mosque may be built there.

3.
From this hadith, it is understood that building mosques on the graves of the pious is a characteristic of the Jews and Christians.

The Messenger of Allah sallallahu alayhi wa sallam has declared this to be forbidden (haram), and he stated these matters during his final illness, the implication being that such treatment should not be done to his blessed grave after him. Thus, may Allah Ta’ala reward the Saudi government with goodness, due to whose sincere efforts the Ummah is still adhering to these instructions, and your (the Prophet’s) grave has been protected from becoming a place of prostration.

Alhamdulillah for that.

Hadith Commentary:
This hadith has already been mentioned in the chapter on funerals. Here, Imam al-Bukhari rahimahullah has brought it because it contains mention of the migration (hijrah) to Abyssinia.

Hadith Commentary:
In this hadith, there is mention of the migration to Abyssinia (Hijrah to Habashah), that Umm Habibah (radi Allahu anha) and Umm Salamah (radi Allahu anha) had migrated to Abyssinia.

The details are as follows: Umm Salamah Hind bint Abi Umayyah (radi Allahu anha) undertook the first migration along with her husband Abu Salamah bin Abd al-Asad (radi Allahu anhu).

And Umm Habibah Ramla bint Abi Sufyan (radi Allahu anha) participated in the second migration to Abyssinia with her husband Abdullah bin Jahsh.

Her husband became a Christian after arriving there and died there.

After that, the Messenger of Allah (sallallahu alayhi wa sallam) married her.

The King of Abyssinia (Najashi) conducted this marriage under his supervision.

Other discussions related to this hadith have already been mentioned under the Book of Funerals, Hadith: 1341.

There is no need to mention them here.

(Fath al-Bari: 7/239)

Hadith Commentary: Hafiz Ibn Hajar rahimahullah states that the correspondence between the translation and the chapter is that it is mentioned therein that those people would build a mosque upon his grave. In this, there is an indication that it is prohibited for a Muslim to pray in a church, because there is a possibility that the place of the church was formerly a grave, and by a Muslim praying there, it would become a mosque.

The condition of those Muslims today is even worse than those Christians, who adorn shrines even more than mosques and seek their needs from the saints buried there. In fact, they do not even refrain from prostrating at these shrines; these people too are, in the sight of Allah, the worst of creation.

Hadith Commentary:
➊
This hadith has already been mentioned under number 427.
Its explanation can be seen there.
At this point, Imam Bukhari rahimahullah’s purpose is to clarify when and why images and statues entered the places of worship of the Jews and Christians, because it has already been stated that the reason for performing prayer in their places of worship is only the presence of images and statues.

➋
Hafiz Ibn Hajar rahimahullah says that Imam Bukhari rahimahullah wants to show from this hadith that it is permissible for a Muslim to pray in a church, because it is possible that the place of the church was previously a grave, and by a Muslim performing prayer there, it is given the status of a mosque.
(Fath al-Bari: 1/668)
Worse than these Christians today is the condition of those so-called Muslims who give the status of mosques to shrines, perform prayers there, bow their heads in prostration before the occupant of the grave, and seek their needs from them.
These people too are the worst of creation in the sight of Allah.
May Allah grant them the ability to come to their senses.

➌
Ibn Battal rahimahullah has written, quoting Imam Malik rahimahullah, that I dislike performing prayer in their synagogues, because these people eat pork and drink wine there, due to which its purity is not certain.
However, if there is no other place or if there is mud or rain outside, then out of necessity, there is allowance to perform prayer there.
(Sharh Ibn Battal: 2/89)

Hadith Commentary: Imam Qastallani states:

Al-Qurtubi said:
The early generations among them only made images so that they might find comfort in them, remember the righteous deeds of those depicted, strive as they strove, and worship Allah at their graves. Then, after them, there came a people who were ignorant of their intent, and Satan whispered to them that their forefathers used to worship these images and venerate them. Thus, the Prophet (sallallahu alayhi wa sallam) warned strictly against such things, as a preventative measure against the means leading to that, by his statement:
(Those)
—with the kaf pronounced kasrah or fathah—and according to Abu Dharr:
And those (are the worst of creation in the sight of Allah).
And the relevant point for the chapter is his statement:
They built a mosque upon his grave,
which is interpreted as a condemnation of those who take graves as places of worship, and its implication is prohibition—especially since the curse upon this has been established.

That is, al-Qurtubi said that the Children of Israel initially made images of their elders so that they might find comfort in them and, by remembering their righteous deeds, strive to do likewise, and so that they might worship Allah while sitting by their graves.
Later, even more ignorant people arose,
who forgot this original purpose, and Satan cast into their hearts the whisper that their ancestors used to worship these very images and venerate them.
Thus, the Noble Prophet (sallallahu alayhi wa sallam) warned sternly to block the path to such shirk, and said that these people are the worst of creation in the sight of Allah.
And the wording of the chapter heading is established by the hadith “they built a mosque upon his grave,” meaning the Prophet (sallallahu alayhi wa sallam) condemned the one who makes a grave into a mosque.
From this, the prohibition of this act is also established, and a curse has been pronounced upon the one who does so.
The people of Prophet Nuh (alayhis salam) also, in the beginning, made images of their elders in this way; later, they elevated those images to the status of gods.
This is generally the case with all idol-worshipping nations.
Even though they themselves say:
﴿مَا نَعْبُدُهُمْ إِلَّا لِيُقَرِّبُونَا إِلَى اللَّهِ زُلْفَى﴾ (az-Zumar: 3)
That is, “We do not worship them except so that they may bring us nearer to Allah.”
They do not consider these to be deities; rather, they are a means for them.
Allah Most High revealed much of the Noble Qur’an in refutation of this false notion of the polytheists.
Alas! In one form or another, this type of shirk has entered among many who claim to be Muslims.
Whereas, whether it is major shirk or minor shirk, Paradise is forbidden forever to the one who commits it—
except in the case that, before dying, he repents from it and becomes a sincere worshipper of Allah.
May Allah Most High protect us from every kind of shirk.
Amin.

Hadith Commentary:
Vocabulary of the Hadith:
(1)
Kanīsa:
Church,
the place of worship for Christians.
(2)
Tasāwīr:
Plural of taswīr (picture), and suwar,
plural of sūrah (image).