Trees already on a Muslim's grave: what can I do, are there any rules?

Question

Allahu Akhbar. Bismillah Arrahmani Arrahim. Peace and blessings of Islam to everyone.

Before I became a Muslim, I planted two trees on top of my Muslim friend’s grave. They are growing well. After two and a half years now, the mother of my friend has objected to the trees and wants them removed. They are 2m tall already. I became a Muslim one and a half years ago. I am now aware of the ruling that it is Makrooh (Makrooh: it is not forbidden, but it's better not to do) to cut trees in graveyards. What should I do about this situation? Can the trees be cut down without violating any Islamic rule?

Answer 1

              In the name of Allah, the most compassionate, the most merciful

According to your inquiry as you asked

What should I do about this situation? Can the trees be cut down without violating any Islamic rule?

Firstly as you have mentioned, it would be better if you avoid cutting the trees. Since based on my research, cutting down the trees and especially cutting down the tree "date" is Makruh, consequently endeavor stop cutting it down as much as possible.

Secondly, as you and I pointed out, cutting down the trees is considered as a Makruh act, not a haram act. Therefore you are free to cut it down or not. So, as you probably are aware, makruh doesn’t mean haram. In other word, Allah will not punish you for makruh, haply makruh means it is better if you leave doing that. Then you can cut it down if there is a more important matter if you have to grub it up.

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Reference:

wikifeqh.ir

Answer 2

In addition to the Shia answer by user #4730... The linked page, in Persian, says only shortly and refers to another page in Arabic, http://lib.eshia.ir/11025/19/39/%D8%A7%D9%84%D9%86%D8%AE%D9%84 , and I see there 2 hadiths, Google's translation of them:

[24104] 1 - Muhammad bin Yaqoub, on the authority of Ali bin Ibrahim, on the authority of his father, on the authority of Ibn Abi Omair, on the authority of Husayn bin Bishr, on the authority of Ibn Mudarib, on the authority of Abu Abdullah, peace be upon him, who said: Do not cut fruits, and God will inflict torture upon you as a child .

[24105] 2- On the authority of Muhammad bin Yahya, on the authority of Ahmad bin Muhammad, on the authority of Ahmad bin Muhammad bin Abi Nasr, he said: I asked Abu al-Hasan, peace be upon him, about cutting Sidr? He said: A man from your companions asked me about him? So I wrote to him: Abu al-Hasan, may peace be upon him, cut Sidr and planted grapes in his place.

I have found also a Hanafi answer in Russian: https://askimam.ru/fatwa/pokhorony/mozhno-li-sazhat-na-mogilakh-rasteniya/ . there is a quote from "Radd al Muhtar", and they say it is makruh.

Google's translation of the quote from Russian:

It is condemned to remove fresh vegetation and grass, as well as non-dried plants from the cemetery, because, while they are green, they glorify Allah, bringing relief to the deceased and leading to the sending of God's mercy. (Ibn Abidin. Rudd-ul-Mukhtar. - Volume 2, p. 245)

Google's translation of the Arabic quote:

He also hates cutting wet plants and hashish from the cemetery without land, because as long as it is wet, God Almighty praises - so the dead will be deemed dead and will be revealed with mercy.

I have found another 3 opinions in Russian: https://www.umma-42.ru/news-65165.html , I bring that opinions shortly:

• Qatar Fatwa Center: do not touch them, but do only what is needed.
• Sheikh Khalid bin Suud al Buleikhid, member of Science fund of KSA: it is allowed.
• Suleiman al Majid, member of Consultative palace of KSA: it is allowed.

Google's translation.

And I want to quote Quran about trees. I quote Umm Muhammad (Sahih International) translation of Quran:

18.7 Indeed, We have made that which is on the earth adornment for it that We may test them [as to] which of them is best in deed.

22.18 Do you not see that to Allah prostrates whoever is in the heavens and whoever is on the earth and the sun, the moon, the stars, the mountains, the trees, the moving creatures and many of the people? But upon many the punishment has been justified. And he whom Allah humiliates - for him there is no bestower of honor. Indeed, Allah does what He wills.

55.6 And the stars and trees prostrate.

I think, trees on graves are almost same as trees on other places, and people should not harm trees and other living creatures without some strong need. I think cutting tree because it is old and going to fall and break tomb stones, or goig to fall on pedestrians or cars, may be valid reason, and just cutting old tree even if it is healthy yet, in order to use that tree material, can be valid reason, because if people do not cut it, it dies anyway and falls or dries, but, you should take in account that if it rots on its place, falling or staying, it also is not useless, because it gives material to many other living creatures.

Plants on human graves are dangerous to eat from them for humans, because they may have prions. Also prions of cows infected humans.

Answer 3

You should cut the tree if its growing on top of the grave. You are only permitted to keep some leaves or flowers on top of the grave as cited in the answer to a similar question here:

Is planting on the graves forbidden?