the Qadi’s statement: Its ruling is the ruling of the path, based on what he mentioned previously. According to our view, if the sabat (covered passage) is permitted for him—such as if it is in a blind alley with the permission of its residents, or he is entitled to it, or the path was established after it—then there is no harm in praying upon it. If it is on a thoroughfare, then he is not entitled to it, and the one praying therein is like one praying in a usurped location, as we shall mention, if Allah Almighty wills. If the sabat is over a river in which ships travel, it is the same as a sabat over a path, according to both opinions. This supports what we have mentioned; because if the rationale were that it follows the status of the ground beneath, then prayer here would be permissible, since the ground beneath is not prohibited from prayer therein—as evidenced by the fact that if one prays upon it while in a ship, or if its water freezes and he prays upon it, it is valid. Furthermore, if the rationale were what he mentioned, then prayer would be valid on what is adjacent to the right and left of the path, and parts of it that are not trodden by feet. This is in the case where the roof is established over the place of prohibition. If the mosque predates it, and a path, a camel resting place, or other prohibited areas are placed beneath it, or if it was in a place other than a graveyard and then a graveyard was established around it, then prayer therein is not prohibited, without dispute, because it does not follow what was established after it. And Allah knows best.

Section: If one builds a mosque in a graveyard among the graves, its ruling is the ruling of the graveyard, because it does not depart by that from being in a graveyard. Qatada narrated that Anas passed by a graveyard while they were building a mosque in it, and Anas said: It used to be disliked for a mosque to be built in the midst of graves.

Section: The obligatory prayer is not valid inside the Kaaba, nor upon its roof. Al-Shafi'i and Abu Hanifa permitted it, because it is a mosque and a place for optional prayer, and thus it is a place for the obligatory prayer, like outside of it.