The second [report] is that it is valid, because he is excused.
Section: Some of our companions mentioned alongside these places the rubbish heap, the slaughterhouse, the main road, the roof of the Sacred House of Allah (the Kaaba), and the usurped location, due to what Ibn 'Umar narrated, that the Messenger of Allah (may Allah bless him and grant him peace) said: "There are seven locations in which prayer is not permitted: the roof of the House of Allah, the graveyard, the rubbish heap, the slaughterhouse, the bathhouse, the camel resting place, and the main road." Narrated by Ibn Majah (8). From Ibn 'Umar, he said: The Messenger of Allah (may Allah bless him and grant him peace) prohibited prayer in seven locations. He mentioned them and said: "...the thoroughfare, the camel resting places, and above the Kaaba (8)." He said: The ruling regarding these seven locations is exactly the same as the ruling regarding the [original] four. This is because these locations are sites of impurities, so the ruling is attached to them rather than their essence, just as the ruling for nullifying ritual purity is established by sleep, and the obligation of ghusl is established by the meeting of the two circumcised parts.
Section: Al-Qadi said: The prohibition of these locations is an act of worship [ta'abbud] (9), not for a rationalized reason ['illa]. Based on this, the prohibition encompasses everything the name applies to. Therefore, there is no difference in the graveyard between the old and the new, or whether its soil has been turned over or not, due to the name applying to it. If there is a grave or two in a location, it does not prevent prayer there because the name 'graveyard' does not apply to it. If the graves are removed from it, prayer is permissible therein because the mosque of the Messenger of Allah (may Allah bless him and grant him peace) contained the graves of the polytheists, then they were exhumed. This is agreed upon (10). There is no difference in the bathhouse between the place of washing and pouring water, and the changing room [maslakh].
(8) In: "Chapter: Places in which prayer is disliked," from Kitab al-Taharah. Sunan Ibn Majah 1/246. They were also narrated by al-Tirmidhi, in: "Chapter: What has been narrated regarding the dislike of that which one prays towards and in," from Abwab al-Salah. 'Aridat al-Ahwadhi 2/144. (9) In [MS] M: "ta'abbudi" (an act of worship). (10) Narrated by al-Bukhari, in: "Chapter: Whether the graves of the polytheists of the Jahiliyya are exhumed and their place turned into mosques," from Kitab al-Salah; and in: "Chapter: The sanctity of Medina," from Kitab Fada'il al-Madina; and in: "Chapter: The arrival of the Prophet (may Allah bless him and grant him peace) and his companions to Medina," from Kitab Manaqib al-Ansar. Sahih al-Bukhari 1/117, 3/25, 26, 5/86, 87. And Muslim, in: "Chapter: The building of the Mosque of the Prophet (may Allah bless him and grant him peace)," from Kitab al-Masajid. Sahih Muslim 1/373, 374. It was also narrated by Abu Dawud, in: "Chapter: On building mosques," from Kitab al-Salah. Sunan Abi Dawud 1/107. And al-Nasa'i, in: "Chapter: Exhuming graves and taking their land for mosques," from Kitab al-Masajid. Al-Mujtaba 2/32. And Imam Ahmad, in: al-Musnad 3/123, 212, 244.
