Making a Path in a Graveyard for Carrying the Deceased

Question

(1) On the land of a graveyard where burials have taken place again and a third time, most of the graves are now no longer visible, but here and there hollows can be seen, because of which — especially in the rainy season — those carrying the deceased have to endure great hardship. In view of this, Zayd thinks that, adopting a precautionary course, an unpaved (earthen) path should be made through the middle of the graveyard so that carrying the deceased becomes easier. (2)

Answer

(1) If inside the graveyard there is no way at all to carry the deceased — graves or hollows on every side — then, at a place where there is a preponderant presumption (zann ghalib) that the deceased in the grave beneath the ground no longer remains but has turned to dust, an unpaved path should be made so that carrying and burying the deceased becomes easier.

Source: Fatawa Mahmudiyya

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