Hadith of Graveyard

I know this hadeeth, and I think the angels come to ask the dead when the last mourner has left and there is a gap of 40 paces / steps away from the grave of said buried person.

Hmm, wonder if these help you ...

From Bukhari:

Narrated Ibn 'Abbas: Once the Prophet, while passing through one of the grave-yards of Medina or Mecca heard the voices of two persons who were being tortured in their graves. The Prophet said, "These two persons are being tortured not for a major sin (to avoid)." The Prophet then added, "Yes! (they are being tortured for a major sin). Indeed, one of them never saved himself from being soiled with his urine while the other used to go about with calumnies (to make enmiy between friends). The Prophet then asked for a green leaf of a date-palm tree, broke it into two pieces and put one on each grave. On being asked why he had done so, he replied, "I hope that their torture might be lessened, till these get dried." (Book #4, Hadith #215)

Narrated Ibn 'Abbas: The Prophet once passed by two graves and said, "These two persons are being tortured not for a major sin (to avoid). One of them never saved himself from being soiled with his urine, while the other used to go about with calumnies(to make enmity between friends)." The Prophet then took a green leaf of a date-palm tree, split it into (pieces) and fixed one on each grave. They said, "O Allah's Apostle! Why have you done so?" He replied, "I hope that their punishment might be lessened till these (the pieces of the leaf) become dry." (See the foot-note of Hadith 215). (Book #4, Hadith #217)

Narrated Anas: The Prophet said, "When a human being is laid in his grave and his companions return and he even hears their foot steps, two angels come to him and make him sit and ask him: What did you use to say about this man, Muhammad ? He will say: I testify that he is Allah's slave and His Apostle. Then it will be said to him, 'Look at your place in the Hell-Fire. Allah has given you a place in Paradise instead of it.' " The Prophet added, "The dead person will see both his places. But a non-believer or a hypocrite will say to the angels, 'I do not know, but I used to say what the people used to say! It will be said to him, 'Neither did you know nor did you take the guidance (by reciting the Quran).' Then he will be hit with an iron hammer between his two ears, and he will cry and that cry will be heard by whatever approaches him except human beings and jinns." (Book#23, Hadith #422)

Referenced from Searchtruth.com

Scimi

QUESTIONING IN THE GRAVE, SQUEEZING IN THE GRAVE
According to traditions, after one has been buried and those who came to bury him go away (it is said that 40 steps away from the grave is sufficient), two angels come into the grave. One is called Munkar, the other Nakir. The soul is caused to re-enter the body for questioning. Then the person (now alive again) is asked :
"Who is your Rabb (Lord)? Who is your Prophet? What is your Religion? What is your Book? What is your Qiblah? Who are your Imams?

Source: http://www.imamreza.net/eng/imamreza.php?id=3339 (not referenced to hadeeth)

Many Muslims believe that, after death, a person's soul passes through a stage called barzakh, where it exists in the grave (even if the person's body was destroyed, the soul will still rest in the earth near their place of death).^[2] The questioning will begin when the funeral is over and the last person of the funeral congregation has stepped 40 steps away from the grave. Nakir and Munkar prop the deceased soul upright in the grave and ask three questions: "Who is your Lord? Who is your Prophet? What is your religion?". A righteous believer will respond correctly, saying that their Lord is Allah, that Muhammad is their prophet and that their religion is Islam. If the deceased answers correctly, the time spent awaiting the resurrection is pleasant. Those who do not answer as described above are chastised until the day of judgment.<sup>[3]

Source:</sup> http://en.wikipedia.org/wiki/Munkar_...ir#cite_note-1 (not referenced to hadeeth)

I'm starting to think that the 40 days thing may just be an estimation made by some eminent ulema... then again, What do I know.

I hope you find what you are after.

Scimi

Assalaamu Alikum Wa Rahmatullahi Wa Barakaatuh

What I know that in the book of 'Funerals (Al-Janaaiz)' of Sahih Bukhari.

Narrated Anas: The Prophet said, "When a human being is laid in his grave and his companions return and he even hears their foot steps, two angels come to him and make him sit and ask him: What did you use to say about this man, Muhammad ? He will say: I testify that he is Allah's slave and His Apostle. Then it will be said to him, 'Look at your place in the Hell-Fire. Allah has given you a place in Paradise instead of it.' " The Prophet added, "The dead person will see both his places. But a non-believer or a hypocrite will say to the angels, 'I do not know, but I used to say what the people used to say! It will be said to him, 'Neither did you know nor did you take the guidance (by reciting the Quran).' Then he will be hit with an iron hammer between his two ears, and he will cry and that cry will be heard by whatever approaches him except human beings and jinns."

and also what Uth`maan ibn ‘Affaan (may Allaah be pleased with him) said: When the Prophet (peace and blessings of Allaah be upon him) had finished burying the deceased he would stand over him and say: “Pray for forgiveness for your brother, and ask that he be made steadfast, for now he is being questioned.”
Narrated by Abu Dawood, 3221; classed as saheeh by al-Albaani in Ahkaam al-Janaa’iz, p. 198.

Standing over him means standing over his grave.

“and [said]: Pray for forgiveness for your brother” means: ask for forgiveness for him from Allaah, i.e., say: “O Allaah forgive him.”
“and ask that he be made steadfast” means: ask Allaah to make his tongue steadfast in answering the two angels, i.e., say: “O Allaah make him steadfast in speech.”
“for now he is being questioned” i.e., at that moment the two angels are coming to him, namely Munkar and Nakeer, so he is in the greatest need of prayers for forgiveness and steadfastness.

and never heard of a hadeeth mentioning the 40 steps or that the Questioning begins after the last person leaves and Allah knows the best.