Fiqh

31.0 THE BOOK OF FUNERALS

“The Book of Funerals”: The word janazah refers to the deceased. (See Lisan al-‘Arab (5/324) and al-Mutla (p. 113).) The plural is jana’iz. There are certain laws pertaining to the deceased that everyone should know. Hence the author has dedicated this chapter for this topic.

The goodly nature of Islam ensures that the deceased person is properly taken care of. In fact, even before death approaches, we visit that person and urge him to say the shahadah. As soon as he passes on, his clothes are removed and he is wrapped in a sheet such that he is fully covered. The body is washed and then shrouded. The funeral prayer is conducted and then he is buried in the grave.

The great care and attention offered to the deceased is a testament to the comprehensiveness of this din, praise be to Allah. The Muslim is well looked after in life as well as after death. Once he is buried in the grave, the attendees seek forgiveness on his behalf and pray that Allah makes him steady when questioned in the grave. The dead are visited on occasion and greeted with the salam at every visit. There remains thereafter the duty to ensure that the grave is safe from any harm, desecration or vandalism.

All this leads us to conclude that this din is complete and comprehensive for both the living and for the dead. A Muslim is much valued by Allah so much so that even his lifeless corpse is respected. He is not treated like a carcass of an animal, thrown out and not glanced at again.

It is incumbent upon Muslims to reflect on death before they are seized by it. The Prophet(pbuh) urged Muslims to reflect on the destroyer of desires. (Reported by Ahmad (2/292), al-Tirmidhi (2307), al-Nasa’i (4/4) and Ibn Majah (4258) from the narration of Abu Hurairah.) He was evidently referring to death. They should ponder much about death so that they are driven to make preparations for the final departure. They should not neglect themselves or the Hereafter. A person who constantly remembers death will definitely sin or transgress less. He will channel his energy in obeying Allah, thus preparing for his death.

When a person disregards death, he tends to become lackadaisical. He will immerse himself in sin, wrongdoing and procrastinate from repentance. When he steps into sin, he tends to assume that he has a long life to live. Hence, repentance becomes something that he will pay attention to later. He is blind to the notion that death is looming and that his life span has already been determined. He forgets that repentance will not avail when death arrives. Therefore, a Muslim must make preparations for his death always as his ordained time may come when he least expects it. When one prepares for it and constantly reminds himself of death, he will increase his pious deeds and never fail to make repentance when he falls into sin.

Among the Islamic etiquettes are: Visiting the ill and making supplication for their recovery. The ailing is reminded to make repentance and if he is terminally ill, then he is reminded to prepare a will. The sick are also warned not to avoid injustice.

This din is a complete din that encourages its followers to prepare themselves for the inevitable, that they bring forth deeds for themselves [in preparation for the Day of Recompense]. It warns its followers to eschew all that is detrimental to oneself and all acts which warrant a punishment in this world and in the Hereafter. This inherent providence in Islam is of great value to the Muslim.

In conclusion, there are laws pertaining to the janazah which are legislated by Islam and it is wajib upon all Muslims to be well versed in this. Only then can they carry out the necessary actions when there is a death in the family. To highlight this, the jurists call this chapter the book of funerals (jana’iz).

It is Sunnah to visit the sick and to remind him to repent and to write his will.

Firstly: It is a Sunnah to think of death and to keep reminding ourselves about it.

Secondly: If a Muslim falls sick, it is Sunnah to visit him. This act is one of the best deeds in Islam. It also serves to inform the visitor of the gravity of the illness and visiting him helps console him. The sick can also benefit from the reminders mentioned by those who visit him. In fact, both the visitor and the sick person benefit from this act.

“It is Sunnah to visit the sick”: This is a right upon every Muslim for another Muslim.

“And to remind him to repent”: That is, to remind him to avoid being unjust and do away with sins before death approaches.

“And to write his will”: If he has any dues or money owed to others, then he must record it down in a will. The Prophet(pbuh) said, “It is not proper that a Muslim spends two nights without having his will by his head.” (Reported by al-Bukhari (2/4) and Muslim (5/70) from the narration of Abdullah ibn ‘Amr.)

In his will, he writes that which is owed to him and that which he owes others. The writing of the will is wajib upon Muslims. However, to bequeath a third of his wealth or less is only mustahabb. If a person has a great amount of wealth, then it is mustahabb that he bequeaths some of it to be given away as charity upon his death. He can bequeath within the limits set by the Prophet(pbuh) that is a third of his wealth or less: a fifth, sixth or a tenth. Provided it is lesser than a third of his wealth. The Prophet(pbuh) said, “A third, and a third is a large amount.” (Reported by al-Bukhari (2/103) (5/87), (7/80-81) and Muslim (5/71) from the narration of S’ad ibn Abi Waqqas.)

When he is in the throes of death, it is a Sunnah to quench his throat with water or other drinks and wet his lips with a moist piece of cotton. He is instructed to say, ‘La ilaha illallah’ once but not more than thrice except if he speaks afterwards, then talqin (prompting) is resumed gently.

“When he is in the throes of death, it is a Sunnah to quench his throat with water or other drinks”: That is, he is about to die. It is a Sunnah for those present at that moment to quench his thirst as his throat will become dry due to imminent death. The throes of death will be lightened if he is given water.

“And wet his lips with a moist piece of cotton”: The cotton is moistened with water. His lips will become very dry due to the severity of the pain experienced just before death.

“He is instructed to say, ‘La ilaha illallah'”‘. This is known as talqin, and it is of great importance as it is performed to ensure that these will be the dying individual’s last words. The Prophet(pbuh) said, “Make talqin to your dying.” He was referring to those who are present when one is about to die. He carried on, “[Encourage them to say] ‘La ilaha illallah,’ for he whose last words are la ilaha illallah shall enter Paradise.” (Reported by Muslim (3/37) from the narration of Abu Hurairah, it is a marfu report. Also reported by Ahmad (5/233), Abu Dawud (3116) from the narration of Ibn Jabal.) The shahadah is uttered to the dying person in the hope that these will be his last words before death seizes him.

“Once”: It should not be repeated many times such that it annoys him. It will relax him during the severe situation. One makes the talqin in a gentle manner. Once the dying person says the shahadah, the talqin is stopped. However, if the dying person does talk after saying the shahadah, the talqin is repeated.

“But not more than thrice except if he speaks afterwards, then talqin (prompting) is resumed gently”: One must not instruct the dying person with the words, “Say la ilaha illallah.” Rather, one should just mention the shahadah without instructing him. This is because these instructions might burden him. There is a chance that he might repeat it if one says la ilaha illallah without an imperative tone. However, if the dying person starts talking afterwards, then talqin is repeated.

Surah Yasin is read in his presence. He is placed to face the qiblah. When he dies, it is a Sunnah to close his eyes, tie his jaw shut and to loosen his joints.

“Surah Yasin is read in his presence”: The hadith which recommends the reading of Surah Yasin for a person who is nearing death is a weak (da’if) narration. (Reported by Ahmad (5/26,27), Ibn Majah (1448), Ibn Hibban (3002), al-Hakim (1/565) and al-Bayhaqi (3/383) from the narration of Ma’qal ibn Yasar, it is a marfu narration.) It is best not to read anything as there is no evidence to support such a deed. However, if one recites the Qur’an based on the above-mentioned hadith, then he is not refuted. We need to understand that the hadith is not authentic and so it is best not to recite in such a manner.

“He is placed to face the qiblah”‘. In accordance to the saying of the Prophet(pbuh), “The Ka’bah is a qiblah for the living and the dead among you.”’ (Reported by Abu Dawud (2875), al-Nasa’i (7/89), al-Hakim (4/259-260) from the narration of Umayr ibn Qatadah.)

“When he dies, it is a Sunnah to close his eyes”: When he dies, those around him should immediately close his eyes. This is because the eyes start to protrude after death. The Prophet M said, “Verily, the eyes follow the soul when it departs,” (Reported by Muslim (3/38), Ahmad (6/297) and Abu Dawud (3118) from the narration of Umm Salamah.) and so his appearance will appear defaced. Hence, we are ordered to close the deceased person’s eyes as soon after death as possible, that is to close the eyelids over the pupils. The Prophet(pbuh) did likewise for Abu Salamah when he died. (An excerpt from a hadith referenced earlier.)

“Tie his jaw shut”: Similarly, the mouth of the deceased starts to open up after death. It is mustahabb to tie the jaw together in order to shut the mouth.

“And to loosen his joints”: So that rigor mortis can be delayed. One should shake the hands and feet of the corpse to delay it from becoming stiff, which will make washing it difficult.

The clothes are removed and a robe is used to cover him. A piece of metal is placed on the stomach. He is placed on the washing stretcher facing the qiblah with his body tilted up slightly.

“The clothes are removed and a robe is used to cover him”: The clothes of the deceased are removed quickly as the clothes will expedite decay of the body. Only the undergarments are left intact. A fresh robe is worn on him.

“A piece of metal is placed on the stomach”: To counter the bloating of the stomach that occurs after death, a heavy object is placed on his stomach.

“He is placed on the washing stretcher”: So as to prepare the corpse for the ghusl.

“Facing the qiblah with his body tilted up slightly”: The body is placed so that it faces the direction of the qiblah. The corpse is raised up slightly such that the head and the chest are higher than the feet. This is to help expel the waste matter in the body so that the deceased can be thoroughly cleaned.

Funeral rites should be expedited unless the death was sudden. His will should be executed and his debts must be paid off.

“Funeral rites should be expedited unless the death was sudden”: It is mustahabb that the funeral preparations are completed promptly. The rites i.e., washing the corpse, shrouding, prayer and the carrying of it to the cemetery should be expedited. The Prophet(pbuh) forbade the delay of the funeral rites. (Reported by Abu Dawud (3109) from the narration of Hussain ibn Wuhuh who said, “When Talhah ibn al-Bara’ was ill, the Prophet(pbuh) visited him and said, ‘I do not observe except that Talhah is nearing death, so permit me and expedite. Verily, the corpse of a Muslim should not be kept back with his family.”’) However, it can be delayed if the death was sudden and there is a delay in the arrival of the guardian of the deceased or if death cannot be pronounced. Sometimes, the person has just fainted or lost consciousness. Funeral rites must not be expedited when there is a doubt as to whether a person is dead or alive.

Nowadays, there is a lot of delay, especially in cases of unnatural death where a post mortem is ordered to rule out foul play. It is important to rule this out as identifying and solving a crime is essential to the security and safety of the citizens of a country. Hence, this worthy objective permits the delay in the funeral rites.

“His will should be executed”: From the duties that are to be carried out for the deceased is the execution of his will. It is to be executed by the nominee quickly such that the dead person can get the rewards of it without delay.

“And his debts must be paid off”: If the dead person owed debt and he had left wealth behind, then the next of kin should make arrangements for it to be settled using this wealth. This is so that he may be cleared of the rights owed to others. Indeed, the soul of the deceased is mortgaged against the debt it owed in life.

“The martyr is forgiven for all deeds except the debt he owes to others.” (Reported by Muslim (6/38) and Ahmad (2/220) from the narration of ‘Abdullah ibn ‘Amr ibn al-‘As, it is a marfu report.) The Prophet(pbuh) said, “A Muslim’s soul is attached to his debt until it is paid off.” (Reported by Ahmad (2/440), al-Tirmidhi (1079) and Ibn Majah (2413) from the narration of Abu Hurairah.) So, one must try to pay off his debt as soon as possible.”

The debt should be settled from the money or property left behind by the deceased. In fact, the debt should be settled even before the inheritance is distributed and before the will is executed. If he did not leave behind money or property, then it is mustahabb for his relatives or fellow Muslims to settle his debts on his behalf. This is to free the deceased soul from the burden of debt.

By Shaykh Salih ibn Fawzan al-Fawzan

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John Doe
23/3/2019

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John Doe
23/3/2019

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John Doe
23/3/2019

Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.

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