issuing fatwas altogether, by the consensus of the Muslims. This ruling is invalid by the consensus of the Muslims.
The thirty-sixth ground:
Compelling people to observe what Allah and His Messenger have not made binding upon them, and preventing them from following what the Book and the Sunnah teach, is forbidden by the consensus of the Muslims. A ruling to that effect is likewise invalid by their consensus. These people have neither supported their position with evidence from the Book of Allah or the Sunnah of His Messenger, nor answered the argument of the one who cited the Book and the Sunnah. Imposing such an obligation and issuing a ruling to enforce it are invalid by consensus.
The thirty-seventh ground:
When Muslim scholars differ on an issue, holding two positions, those who come after them may not introduce a third position, for that third position would contravene their consensus.
Muslims have differed over travelling to places other than the three mosques, holding two positions: either it is forbidden, or it is permissible but not recommended. To hold that it is recommended is therefore a third position that contravenes the consensus. No Muslim scholar has held that travelling to visit graves is recommended while travelling to mosques is not. Rather, some scholars are reported to have held that travelling to mosques is recommended and becomes obligatory through a vow. As for travelling to graves, none of them held that it is recommended or that it becomes obligatory through a vow.
They all agree that going to mosques is better than going to graves. For where visiting the prophets and the righteous is prescribed, it is not prescribed five times each day and night, whereas attending the mosque is prescribed five times each day and night. Thus, attending the mosque takes precedence over visiting graves, by consensus.