Section: If a person is buried without being washed (ghusl) or not facing the Qibla, he is to be exhumed, washed, and positioned toward the Qibla, unless there is a fear that he might decompose, in which case he is left as is. This is the opinion of Malik, al-Shafi'i, and Abu Thawr. Abu Hanifa said: He should not be exhumed because exhuming is a form of mutilation (muthla), which has been forbidden. Our response is that [this is an obligation that does not lapse] (15) due to that, just like the extraction of something of value. Regarding their claim that exhuming is mutilation, we say: It is only mutilation in the case of someone who [has changed, and he is not] (16) to be exhumed.

Section: If he was buried before the funeral prayer was performed, [it is narrated from] (17) Ahmad that he is to be exhumed and the prayer is to be performed over him. Another report from him states that (18) if the prayer is performed over the grave, it is permissible (19). Al-Qadi chose the view that the prayer should be performed over the grave and he should not be exhumed. This is the school of Abu Hanifa and al-Shafi'i, because the Prophet (peace and blessings of Allah be upon him) prayed over the grave of the poor woman and did not exhume her (20). The reasoning for the first view is that he was buried before an obligation was fulfilled, so he is exhumed, just as if he had been buried without washing; performing the prayer over the grave is only done in cases of necessity. As for the poor woman, the prayer had already been performed for her, and the obligation of the prayer did not remain, so she was not exhumed for that reason. However, if the deceased has decomposed, he is never to be exhumed under any circumstances.

Section: If he is buried without a shroud, there are two opinions: First, he is left as is, because the purpose of the shroud is to cover him, and his covering has been achieved by the earth. Second, he is exhumed and shrouded, because shrouding is an obligation, so it resembles washing. If he was shrouded in a usurped (maghsoub) garment, al-Qadi said: The value is to be paid from his estate, and he is not to be exhumed, due to the violation of his sanctity it would entail, while the harm can be repelled without it.