What is the ruling on performing Tayammum with dust taken from a grave site (maqbara)?
Chapter on Tayammum
Al-Mughni
Book of Purification
Primary text
The ruling is that if one performs Tayammum with dust from a grave site and prays, the prayer is valid, according to Al-Awza'i. However, the sound legal position holds that dust from a grave is not permissible if the grave has been frequently disturbed (takraar) due to contamination with the fluids and flesh of the deceased. If the grave has not been disturbed, its dust remains pure, and Tayammum is valid.
Supporting text
Al-Awza'i stated that if one performs Tayammum with dust from a grave site and prays, the prayer is valid. This contrasts with the primary legal proof which relies on the Quranic verse {Then make Tayammum with clean earth} (Quran 5:6), as impure matter is not clean, and purification cannot be performed with an impure substance like Wudu.