It is also possible that he should be exhumed if the shroud (21) remains in its original state, so that it may be returned to its owner to be part of his wealth; if it has worn out, its value is to be taken from his estate. If he was buried in usurped land, or land held in common between him and another without the permission of his partner, he is to be exhumed and removed, because the harm of the grave in the land is ongoing and increases, unlike the case of the shroud. If the owner gave permission for the burial in his land, and then wished to remove him, he has no right to do so, because that entails harm. If the deceased has decayed and returned to dust, the owner of the land may take it. In every instance where we permit exhumation due to the sanctity of a person's property, it is recommended to refrain from it out of respect for the deceased.

389- Issue: He said: (If the funeral [prayer] and the dawn prayer are both present, one begins with the funeral. If the sunset prayer is present, one begins with the sunset).

The general principle is that whenever a funeral and an obligatory prayer are both present, one begins with the obligatory prayer, except for the dawn and afternoon prayers; because the time following them is a time in which prayer is prohibited. Ahmad textually mentioned (3) something to this effect, and it is the opinion of Ibn Sirin. It is narrated from Mujahid, al-Hasan, Sa'id ibn al-Musayyib, and Qatada that they said: One begins with the obligatory prayer, because it is more important and easier, while the funeral involves a lengthy process and preoccupation. If one were to prioritize the entirety of the funeral proceedings over the obligatory prayer, it would lead to missing it; and if one prayed over the funeral (4) and then waited for the completion of the obligatory prayer, its priority would yield no benefit (6), except in the case of the dawn.