This Hadeeth does not allow building shrines over graves
Fatwa No: 185297

Question

Assalaam alaikym please help me with regard to this narration, innovators use this for making dargas, "Kharija ibn Zayd said: I can see myself when we were young men [boys] in the time of Uthman [ibn `Affan](ra)The strongest one of us in high jump was he who could jump over the grave of `Uthman ibn Maz`un and clear it► cited by al-Bukhari in his Sahih chapter-title, "[Placing] a Stalk on Top of the Grave." ► Ibn Hajar said in Fath al-Bari (3:256=1959 ed. 3:223 cf. Taghliq al-Ta`liq):►"Al-Bukhari narrated it with its chain in al-Tarikh al-Saghir (1:42)" I checked saheeh bukhari clndt find it, the another refrence is tareekh as sagheer wasalaam alaikum

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

This Hadeeth was reported by Al-Bukhari  may  Allaah  have  mercy  upon  him   in a Mu’allaq form (a Mu’allaq Hadeeth is a Hadeeth whose reporter omits the whole chain of narrators and quotes the Prophet, sallallaahu ‘alayhi wa sallam,  directly), but it was reported as Mawsool (with a complete chain of narrators) in the book entitled At-Taareekh As-Sagheer authored by Al-Bukhari and in other books.

This Hadeeth is really what some people used as evidence for the legitimacy of building shrines over graves, but actually it cannot be an evidence to prove that, praise be to Allaah.

Shaykh Abdur-Rahmaan Al-Mu’allimi  may  Allaah  have  mercy  upon  him   refuted using this Hadeeth as evidence for that in his book entitled ‘Building over the graves’. To refute that, he provided 11 reasons among which he mentioned the following:

The Hadeeth is Dha’eef (weak), as it was narrated by Ibn Is-haaq, who – despite the fact that he is Sadooq (a truthful narrator) –  is considered as weak in case of any Hadeeth in which he was the only one to narrate, as stated by Ath-Thahabi, and here he was the only one who narrated this Hadeeth.

He (Al-Mu’allimi) also mentioned: Even if we presume that the Hadeeth is Saheeh (sound), it did not mention whether they jumped over it (the grave) lengthwise or crosswise, rather both of which are probable, and it might be that what is meant is the wide area of the grave and not its height. So, when a possibility occurs in a text, such a text will lose its power to act as supporting evidence.

Allaah Knows best.

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