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The Ruling on Bequeathing Burial in a Specific Place

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 16802
Number of views: 5
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The Ruling on Bequeathing Burial in a Specific Place
Fatwa number: 16802
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Question

Question: If the deceased bequeathed that he be buried in a particular place, or that a particular man should perform the funeral prayer over him, must his heirs fulfill his bequest? Is it permissible for them to contravene it by virtue of their guardianship?

Answer

Answer: In al Sharah and its marginalia: Ê The relative is, according to the apparent position of the school, more entitled than the executor to perform the prayer over him—because the deceased bequeathed concerning the right of another. The same applies to Ê washing, lowering (into the grave), preparation, and shrouding. Concluded (Í) (affirmed). This is the view of the jurists.
In al-Yāqūtah it is said: the executor is more entitled than anyone else—and this is the view of Aḥmad, Isḥāq, Anas b. Mālik, and Zayd b. Arqam. This is conveyed in Sharḥ al-Azhār.2
I say: Burial in a particular place follows the same difference of opinion.
What appears to me is the view of the school: for in his lifetime, the person himself had the greatest right over his own person; in his death, his relatives have the greater right—unless his relatives are not righteous or not acceptable in their religion, and the deceased has bequeathed one of the aforementioned matters to some righteous person. In that case, the executor takes precedence over the relatives. This is supported by His saying, Exalted is He: “The believing men and the believing women are allies of one another.” [al-Tawbah:71] and the like.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1

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