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camel in between. 'Ham' was the male camel which was used for copulation. When it had finished the number of copulations
assigned for it, they would let it loose for their idols and excuse it from burdens so that nothing would be carried on it, and
they called it the 'Hami.' Abu Huraira said, "I heard the Prophet saying so."
Sahih Al-Bukhari Hadith
Hadith 6.432 Narrated by
Abu Salama
A man came to Ibn 'Abbas while Abu Huraira was sitting with him and said, "Give me your verdict regarding a lady who
delivered a baby forty days after the death of her husband." Ibn 'Abbas said, "This indicates the end of one of the two
prescribed periods." I said, "For those who are pregnant, their prescribed period is until they deliver their burdens." Abu
Huraira said, "I agree with my cousin (Abu Salama)." Then Ibn 'Abbas sent his slave, Kuraib to Um Salama to ask her
(regarding this matter). She replied, "The husband of Subai 'a al Aslamiya was killed while she was pregnant, and she
delivered a baby forty days after his death. Then her hand was asked in marriage and Allah's Apostle married her (to
somebody). Abu As-Sanabil was one of those who asked for her hand in marriage."
BURIED:
35:22 - Nor are alike those that are living and those that are dead. Allah can make any that He
wills to hear; but thou canst not make those to hear who are (buried) in graves. 3905
3905 The final contrast is between the Living and the Dead; those whose future has in it the promise of growth and
fulfilment, and those who are inert and on the road to perish. With Allah everything is possible: He can give Life to the
Dead. But the human Teacher should not expect that people who are (spiritually) dead and buried will by any chance
hear his call. (35.22)
Fiqh-us-Sunnah
Fiqh 4.77
Muslim scholars agree that a place where a Muslim is buried should not be disturbed if flesh, bones, or other parts of the
body remain there. If any of his other remains are found it is not permissible to disturb them. But if the entire corpse has
disintegrated into dust, then a new grave may be dug there. Also, in such a case it is permissible to use the land for planting,
cultivation, building, and for other beneficial purposes. If the remains of a body, such as bones, are found during the digging,
then the digging should be stopped. And if the remains are found after the digging is finished, then it is quite permissible to
place these to one side in the grave and bury another body beside them.
SEE: Fiqh-us-Sunnah
Fiqh 4.78
Transfering the Body from One Place to Another
The Ash-Shafi'i school considers it unlawful to transfer the body of a deceased from one country or town to another unless it
is to Makkah, Madinah or Jerusalem. It is permissible to remove the body to one of these cities because of their special
significance and position.If someone leaves instructions in his or her will that he or she be buried in a place other than these
three cities, the will may not be executed, because it could delay the burial and cause the body to deteriorate. Likewise
transferring the body from one grave to another is prohibited unless there is a valid reason for doing so, for example, if the
deceased was buried without a proper wash, or was buried without tuming the deceased's face toward the qiblah, or the
grave was damaged by flood or dampness.
It is stated in Al-Minhaj that digging up a grave after burial either for removing the body or for any other reason is prohibited
unless there is genuine reason for it. such as when a deceased person is buried without a wash or is buried in a usurped
cloth or land or something of value is left in the grave or the deceased was buried without facing the qiblah.
The Maliki school holds it permissible to remove the body from one place to another, before or after the burial, for a genuine
reason, for example, when it is feared that the body of a deceased may be drowned in the sea or eaten up by wild animals, or
when relatives want to bury the deceased nearby so that they may visit it more easily, or in order to seek the blessings of the
place to which the body is removed. In all such cases, transferring of the body from one place to another is permissible
provided its sanctity is not affected, e.g., it does not bloat, does not decompose or its bones do not break.
The Hanafi school considers the removal of a body from one place to another undesirable, and holds it preferable to bury a
person at the place of death. The body may be taken for a mile or two for burial, for that is the usual distance to a cemetery.
After the burial removing the body without a genuine reason is not permissible as mentioned above. If a woman's son dies
and he is buried in her absence in another town, and she was impatient and wanted to remove his body to her own town, her
request may not be heeded.
The Hanbali school considers it desirable to bury a martyr at the place where he or she is killed. Ahmad said, "As to those
who are slain, a hadith reported by Jabir from the Prophet, peace be upon him, says: 'Bury the martyrs wherever they are
killed'." Ibn Majah reported: "The Prophet, peace be upon him, ordered that the martyrs of the Battle of Uhud be returned and
buried at the places where they had fallen." As for the others, they are not to be removed from one town to another without a
valid cause. This is the opinion of AlAwza'i and Ibn al-Mundhir. Abdallah ibn Malikah said: "Abd-ur Rahman ibn Abu Bakr died
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