Fatwa ID: 02029

Answered by Eunus Ali

Question:

Can I eat the fruit of the tree in a graveyard for the burial of Muslims?Can I also do that in non-Muslim graveyards?

Answer:

Allah has stated: 0 those who believe, do not consume each other's property by false means unless it be a trade with your mutual consent. And do not kill yourselves. Indeed, Allah has been Very-Merciful to you. (Surah Nisa:29)

Commenting on the above verse of Surah Nisa Abdullah bin Masood (may Allah be pleased with him) has stated: the term false means includes all forms of impermissible methods of attaining the wealth of others such as theft, robbery, usurpation, breach of trust, bribery, interest, gambling and all false transactions. (Ma’ariful Quran, Volume 2, Page 400)

In regards to your question, if the graveyard is the property of another, then in light of the above verses it will not be permissible to consume the fruits of the tree from the graveyard without prior permission of the owner.

If one is unsure in regards to the ownership then thesafer option is not to consume the fruits of the tree as the teaching of the Prophet (peace be upon Him) instructs us to refrain from doubtful things.

It is narrated on the authority of an-Nu’manibnBasheer (ra), who said:I heard the Messenger of Allah (ﷺ) say, “That which is lawful is clear and that which is unlawful is clear, and between the two of them are doubtful matters about which many people do not know. Thus he who avoids doubtful matters clears himself in regard to his religion and his honour, but he who falls into doubtful matters [eventually] falls into that which is unlawful, like the shepherd who pastures around the boundary, only grazing therein. Truly every king has a boundary, and truly Allah’s boundary is His prohibitions. Truly in the body there is a morsel of flesh, which, if it be whole, all the body is whole, and which, if it is diseased, all of [the body] is diseased. Truly, it is the heart.” (Sahih Muslim: 3882) 

Only Allah knows best

Written by Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham