Is it obligatory to exhume a body buried without performing the funeral prayer (Salat al-Janazah) over it?
General Chapter
Al-Mughni
Book of Funerals
Primary text
There is an opinion attributed to Ahmad that the grave must be exhumed so that the prayer may be performed over the body. The basis for this view is that burial occurred before an obligation (the prayer), necessitating exhumation, similar to burial without ritual washing (*ghusl*). Prayer over the grave is permissible only in cases of necessity.
Supporting text
Another opinion from Ahmad permits prayer over the grave. Furthermore, Al-Qadi preferred that prayer be performed over the grave without exhumation, which is the position of Abu Hanifa and Al-Shafi'i. Their evidence is that the Prophet (peace be upon him) prayed over the grave of the poor woman (*al-miskina*) without exhuming her. The poor woman had already been prayed over, meaning the obligation of prayer was no longer incumbent upon her, hence no exhumation was necessary for that purpose.