If someone were to ask: Does a single grave render the prayer invalid, or must there be three graves or more?
The answer is that there is a difference of opinion regarding this (1). Some scholars hold that one or two graves do not render the prayer invalid, while others maintain that they do. The correct view is that even a single grave does render it invalid, because the place has had a grave dug in it and has thus become a graveyard in fact. People do not all die at once so as to fill a place; rather, they die successively, one after another.
If someone were to ask: If you make the ruling dependent on the designation, then say that if a piece of land is set aside to become a graveyard, prayer should not be performed there.
The answer is that the designation has not yet been realized in this case; it is a graveyard only in view of what it will become. Therefore, prayer may be performed there. But once even one person has been buried in it, it has become a graveyard in fact.
Issue:
The funeral prayer is exempted from this ruling. If the prayer is offered over a grave, there is no doubt that it is exempted, for it is authentically reported that the Prophet (peace and blessings be upon him) noticed the absence of the woman who used to sweep the mosque. He asked about her, and they replied, “She has died.” She had died at night, and the Companions (may Allah be pleased with them) disliked informing the Prophet (peace and blessings be upon him) at night, lest he have to go out. He said to them, “Why did you not notify me?” meaning, “Why did you not inform me?” Then he said, “Show me her grave.” So they showed him the grave, and he stood and prayed over her (2).