Is it permissible to bury the husband with his wife in one grave?

Question

Praise be to Allah.

The majority of Shaafa’i
fuqaha’ are of the view – which is also the view of the Hanbalis – that it
is not permissible to bury more than one person in a grave, except in cases
of necessity, such as when large numbers have been killed, or there has been
an epidemic, a fire or drowning and it is too difficult to bury each person
in a separate grave. In that case it is permissible to bury two or three in
a single grave. A man should not be buried with a woman except in cases of
extreme necessity, and a barrier of earth should be placed between them in
that case.

This is indicated by the
report narrated by al-Bukhaari (1343) from Jaabir ibn ‘Abd-Allaah (may
Allaah be pleased with him) who said: The Prophet (peace and blessings
of Allaah be upon him) wrapped two men of those slain at Uhud in a single
cloth, then he said: “Which of them had more knowledge of Qur’aan?” When one
of them was pointed out to him, he put him in the lahd (niche) first, and he
said: “I will be a witness for them on the Day of Resurrection.” And he
ordered that they be buried with their blood (wounds) and that they not be
washed or the funeral prayer be offered for them.

It was narrated by
al-Nasaa’i (2010), al-Tirmidhi (1713) and Abu Dawood (3215) that Hishaam ibn
‘Aamir said: We complained to the Messenger of Allaah (peace and
blessings of Allaah be upon him) on the day of Uhud and said: O Messenger of
Allaah, it is too hard for us to dig a grave for every man. The Messenger of
Allaah (peace and blessings of Allaah be upon him) said: “Dig graves
and make them deep, and dig them well, and put two or three men in each
grave.”

They said: Who should we
put first, O Messenger of Allaah? He said: “Put the one who knew more
Qur’aan first.” He (the narrator) said: My father was the third of three in
a single grave.

This hadeeth was classed as
saheeh by al-Albaani in Saheeh al-Nasaa’i.

Al-Nawawi (may Allaah have
mercy on him) said in al-Majmoo’ (5/247): It is not permissible to
bury two men or two women in a single grave except in cases of necessity.
Similarly, al-Sarkhasi stated that it is not permissible. The view of the
majority is that two people should not be buried in one grave, as it says in
al-Musannaf. A number of scholars stated that it is mustahabb not to
bury two people in one grave, but if there is a case of necessity such as a
large number of people who have been killed or who died in an epidemic or as
the result of a building collapse or drowning, etc, and it is too hard to
bury each one in a separate grave, then it is permissible to bury two or
three or more in one grave, as dictated by necessity, because of the hadeeth
quoted above. Our companions said: In that case the best of them should be
placed closest to the qiblah, and if a man, woman and child are buried
together, the man should be placed closest to the qiblah, then the child,
then the hermaphrodite, then the woman. Our companions said: The father
should be placed before the son, even if the son was better, out of respect
to the father, and the mother should be placed before the daughter. It is
not permissible to put a man and a woman in the same grave unless there is
definitely a case of necessity, and in that case a barrier of dirt should be
put to separate them, and there is no difference of scholarly opinion on
this point. The man should be put closest to the qiblah even if he is her
son.

Some scholars are of the
view that more than one person may be buried in a single grave, and that it
is only makrooh. This is the view of the Maalikis and was mentioned in one
report from Ahmad. It was also the view favoured by Shaykh al-Islam Ibn
Taymiyah (may Allaah have mercy on him). See al-Insaaf (2/551);
Sharh al-Kharashi (2/134).

Others were of the view
that it is not makrooh, but they said that it should be rejected in favour
of that which is better.

Shaykh Ibn ‘Uthaymeen (may
Allaah have mercy on him) said: The correct view in my opinion – and Allaah
knows best – is the middle view, which is that it is makrooh, as stated by
Shaykh al-Islam Ibn Taymiyah. Otherwise, if the first person has been buried
and is settled in his grave, then he has more right to it, and in that case
a second person should not be introduced to the grave, except in cases of
extreme necessity. End quote from al-Sharh al-Mumti’ (5/369).

And Allaah knows best.