31.1 THE BOOK OF FUNERALS
SECTION: Washing the corpse, shrouding it, praying for it and burying it are all fard kifayah.
“Washing the corpse, shrouding it, praying for it and burying it are all fard kifayah These four acts come under the funeral laws. They are a communal obligation upon the Muslims. If some of those in the community carry it out, the others are absolved of the obligation. However, it remains a Sunnah for the others to partake in these acts.
If the minimum number of people legislated for the act don’t carry it out, then it is a sin upon the whole community. This is because these acts are wajib duties upon a Muslim for another Muslim. Fard kifayah focuses more on fulfilling the act itself, not at those who partake in it. (See al-Tamhid by al-Isnawi (p. 74).)
Fard ‘ayn (personal obligation) focuses on the fulfilment of the act along with those who partake in it. This is the difference between the two. (See Jam’ al-Jawami’ with annotations by al-Bannani (1/182).)
Priority for washing the corpse is given to: He who was named in the will of the deceased, then his father, then his grandfather followed by the nearer relatives and so on from the paternal line and then the relatives from the maternal line. The female is washed by the one mentioned in her will followed by the nearer female relatives.
“Priority for washing the corpse is given to: He who was named in the will of the deceased”: If the deceased had mentioned a particular person in his will pertaining to the act of washing his body after death, then this person has the first priority of doing so.
“Then his father”: If no one was nominated by the deceased, then it becomes a duty upon the relatives of the deceased. The priority is based on how close a relative is to the deceased. The closest relative is one’s father.
“His grandfather”: Since he is also like a father to the deceased.
“Followed by the nearer relatives and so on from the paternal line”: The son, then the son’s son, then the brother, followed by the brother’s son, then the uncle, then the uncle’s son and so on and so forth. The priority is based on how close they are to the deceased.
“And then the relatives from the maternal line”: Next in priority to the relatives from the paternal side are those relatives from the maternal line. Examples would be maternal uncles.
“The female is washed by the one mentioned in her will”: I.e., the one mentioned from amongst the women. She has the first priority. If no one was mentioned in the will, then the female relatives shall wash the body.
“Followed by the nearer female relatives”: For example: her mother, grandmother, sister, paternal aunt, maternal aunt and so on and so forth. A female should only be washed by another female. Men are not allowed to wash a dead woman’s corpse and vice versa.
One is allowed to wash the body of his or her dead spouse.
“One is allowed to wash the body of his or her dead spouse”: A wife can wash the body of her dead husband and vice versa. The evidence for this is derived from the incident where ‘All washed the corpse of Fatimah. (Reported by al-Bayhaqi (3/396).) The Prophet(pbuh) told ‘Aishah thus, “If you die before me, I shall wash your body.” (Reported by Ahmad (6/228), Ibn Majah (1465), Abu Ya’la (4579), al-Daraqutni (2/74) and al-Bayhaqi (3/378) from the narration of Aishah.) A further example: Asma bint ‘Umays washed the body of her deceased husband, Abu Bakr al-Siddiq. (Reported by Ibn Abi Shaybah (2/455) and Abdul Razzaq (6118, 6123) and al-Bayhaqi (3/397).) This is yet another proof that a spouse may wash his or her dead partner’s body in preparation for burial. Apart from the spouses, no male should wash the dead body of a female and vice versa.
Similarly, the master may wash his dead bondmaid and a man or woman may wash the body of a child who is less than seven years old only. If a man dies amongst women or vice versa, they need only perform dry ablution on the corpse just as when an ambiguous hermaphrodite dies.
“Similarly, the master may wash his dead bondmaid”: This is because she is like a wife to the master. It is permissible for him to copulate with the bondmaid. In this respect, she is like a wife to him.
“A man or woman may wash the body of a child who is less than seven years old only”: The evidence for this is the incident where the Prophet’s(pbuh) son passed away. Ibrahim ibn al-Rasul was washed by some women.
“If a man dies amongst women or vice versa, they need only perform dry ablution on the corpse just as when an ambiguous hermaphrodite dies”: If a man dies and there are only women with him and his wife is not amongst them, then the women must not wash him. They may perform dry ablution on him with dust.
Similarly, if a woman dies and there are only men with her and her husband is not amongst them, then she should not be washed since there is a valid excuse.
A dry ablution with dust is performed. This is because dust is a replacement for water where the latter cannot be used for some reason or another.
An ambiguous hermaphrodite is someone whose gender is impossible to distinguish, i.e., possessing both the female and male sexual organs and the bodily features do not give away a specific gender orientation. If this person dies, dry ablution is performed on the body as the individual’s gender is unknown. Since there is a large extent of ambiguity, this course of action is taken and there is a valid reason for not using water in this case.
It is forbidden for a Muslim to wash a disbeliever’s body or to bury it but he may inter the body if there is no one else who will do it.
“It is forbidden for a Muslim to wash a disbeliever’s body or to bury it”: Muslims cannot act as guardians for a disbeliever. The disbeliever’s relatives should act as one. The Muslim should not wash the disbeliever, shroud him, pray for him nor bury him. The people of his own religion or his sons should do the necessary rites for the disbeliever upon his death.
However, if there is none to bury the corpse, then the Muslim may dig a hole in a place other than a Muslim cemetery and bury him in it.
“But he may inter the body if there is no one else who will do it”: The Muslim may conceal the body of the disbeliever if no one else comes forward to do so as no human corpse should be left exposed on the ground. This is because all humans, even the disbeliever have dignity. Hence an attempt must be made to conceal the body into the ground. Allah says: {Then He causes his death and provides a grave for him.} (Abasa: 21)
Man being assigned a grave is from the blessings of Allah for all of mankind. He has not given him a similar fate like that of a dog, lion or bird.
When the dead person is washed, care should be taken to cover his awrah when removing his clothes. He should be shielded from the view of the public. Those not involved in the process should not witness the washing as it is disliked. The dead person’s head is raised up until the body is nearly in a sitting position and then the stomach is lightly rubbed.
The following are the rulings pertaining to washing the deceased Muslim: The person involved in the washing of the corpse must remove the clothes from the dead person but should place towels or cloth to cover his awrah. The body should be washed in a private room and not where it is exposed to the prying eyes of the people.
“To cover his awrah”: The private parts.
“When removing his clothes”: So as to pour water over the body.
“He should be shielded from the view of the public”: By conducting the washing in a private room or a tent. It should not be conducted in a public area where everyone can see the body.
“Those not involved in the process should not witness the washing as it is disliked”: Those not involved in the washing process should not be allowed in the room or tent. [The one who washes,] he who shifts the body or pours water for the person washing are those involved in the process. He who does not have a role to play should not be permitted in the room so as to safeguard the privacy of the dead person.
“The dead person’s head is raised up until the body is nearly in a sitting position”: When washing the body, the first thing to do is to raise his head such that the body is nearly in a sitting position so that his stomach contents may flow out.
“And then the stomach is lightly rubbed”: This pressing of the stomach will help encourage the flow of the stomach contents from the body.
Copious water is poured at this time. A cloth is wrapped around the washer’s hand so that he can clean the body’s private parts. It is not permitted to directly touch the awrah of the dead person if he is seven years of age or older. It is mustahabb that the rest of the body is touched only by means of a cloth. It is allowed to perform ablution to the body thereafter, though water is not poured into his mouth or nose. A wet cloth wrapped around a finger is placed between his lips and his teeth are rubbed with it. The nostrils are similarly cleaned. Water should not be poured into these openings.
“Copious water is poured at this time”: So that the stomach contents can be washed away.
“A cloth is wrapped around the washer’s hand so that he can clean the body’s private parts”: This is done once the stomach contents are removed. The washer places his cloth-wrapped hand inside the cloth covering the private parts. Water is poured over the private parts so that the openings are thoroughly cleaned.
“It is not permitted to directly touch the awrah of the dead person if he is seven years of age or older”: A cloth must be wrapped around the hands while washing the body.
“It is mustahabb that the rest of the body is touched only by means of a cloth”: It is preferred that a cloth is wrapped around the hand throughout the whole process of washing the body.
“It is allowed to perform ablution to the body thereafter”: That is, after cleaning the private parts. The ablution is similar to that performed for a prayer.
“Though water is not poured into his mouth or nose. A wet cloth wrapped around a finger is placed between his lips and his teeth are rubbed with it. The nostrils are similarly cleaned”: The body shall decay quickly if water is introduced into the body via the mouth or the nose.
The ablution continues with the washing of the face and hands. The head is wiped and the feet are washed just as a living person would perform ablution.
The intention is made for the washing, then the name of Allah is mentioned. Only the head and the beard are washed with a broth made from lotus (sidr) leaves. Then the right side of the body is washed followed by the left side.
“The intention is made for the washing”: After the private parts are cleaned and the ablution is completed, the washer makes the intention to wash the body as this process is an act of worship. Acts of worship are futile without an intention as the Prophet(pbuh) said, “Verily all deeds are by intentions and for every man is what he intended.” (Reported by al-Bukhari (1/2,21), (3/190) and Muslim (6/48) from the narration of ‘Umar ibn al-Khattab.)
“Then the name of Allah is mentioned”: According to the Prophet’s saying, “There is no ablution for he who does not mention the name of Allah upon it.” (Reported by Ahmad (4/70), (5/183), al-Tirmidhi (25, 26) and Ibn Majah (398) from the narration of Sa’id ibn Zayd.) The washing is a cleaning process similar to ablution.
“Only the head and the beard are washed with a broth made from lotus {sidr) leaves”: He starts by washing the head like a living person would when taking a bath. This includes the face and the beard. The washer may use cleaning agents like sidr leaves, saltwort (al-ushnan) (A plant of the goosefoot family, which typically grows in salt marshes. It is rich in alkali and its ashes were formerly used in soap-making.) or soap. Nowadays shampoo is used for the hair and beard so that it effectively removes dirt and bad smell.
“Then the right side of the body is washed followed by the left side”: Similar to how a living person would perform a bath. Starting with the right side in cleansing oneself is preferred and mustahabb.
Then the entire body. Washing all the parts thrice, rubbing his hand against the stomach for each time he is washed. If washing him thrice does not achieve total cleansing, it can be repeated more until he is fully cleansed, even if it is seven times or more. Camphor is added in the last wash.
“Washing all the parts thrice”: The Prophet(pbuh) ordered the women who washed his son to, “Wash him with water mixed with sidr leaves thrice or more if you think it is necessary.” (Reported by al-Bukhari (2/93, 94, 95) and Muslim (3/47) from the narration of Umm ‘Atiyah.) Washing thrice is a limit. However, it can be surpassed if full cleansing is not achieved. The body can be washed up to seven times or more.
“Rubbing his hand against the stomach for each time he is washed”: So that the stomach contents can be fully removed.
“If washing him thrice does not achieve total cleansing, it can be repeated more until he is fully cleansed, even if it is seven times or more”: If washing the body thrice does not achieve the goal, then it can be washed even more. This is according to the saying of the Prophet (pbuh), “… Thrice or more if you think it is necessary.” So, the body is cleansed without any limitation until it is totally cleansed.
“Camphor is added in the last wash”: Added to the water. Camphor is sweet-smelling and makes the body firm. Camphor is well-known among herbalists and those who practice traditional healing.
And hot water and saltwort. A toothpick is used if it is necessary.
“Hot water”: Hot water is not to be used for the washing process as this will make the body soft. Warm water should be used instead of hot water and cold water. Hot water can only be used if the body has dirt upon it that can only be removed by it and nothing else.
“Saltwort”: Similarly, saltwort should not be used unless there is a need for it. If the body has dirt upon it that can only be removed by saltwort, soap or any other cleansing agent, then it may be used.
“A toothpick is used if it is necessary”: If the washer feels that the deceased needs to have his teeth cleaned, then the toothpick can be used to remove impurities stuck in between the teeth. It should be done only if the need arises. If not, the toothpick is not used.
His moustache is trimmed and his nails are clipped. His hair should not be combed. The body is patted dry with a towel. A female’s hair is braided into three plaits and left to fall behind her back.
“His moustache is trimmed and his nails are clipped”: If he has a long moustache, it is trimmed. It should not be left as it is. This is to implement the Sunnah even in death. His long finger and toe nails are clipped. Both the trimming of the moustache and the clipping of the nails is a Sunnah for the living as well as for the dead. If the nails and moustache are not long then they are left as they are.
“His hair should not be combed”: Instead, it should be left as it is.
“The body is patted dry with a towel”: The body should not be wet and moist when the shrouding takes place.
“A female’s hair is braided into three plaits and left to fall behind her back”: As braiding the hair is a common habit among women. Umm Atiyah and her companions braided the hair of Zaynab, the daughter of the Prophet(pbuh) in three and let the plaits fall behind her back. She said, “We braided her hair into three plaits and we let them fall down her back.” (Reported by al-Bukhari (2/95) and Muslim (3/48).)
If there is a discharge from the body even after seven washes, the flow is stemmed with cotton. If the discharge does not stop, strong clay is used to stem the flow. The area of discharge is washed thereafter followed by an ablution. If there is a discharge after the body is shrouded, then no more cleansing is done.
“If there is a discharge from the body even after seven washes, the flow is stemmed with cotton. If the discharge does not stop, strong clay is used to stem the flow”: If there is discharge from his privates after the seventh wash, then the openings are covered with cotton to stem the flow. If cotton is not effective, strong clay is used.
“The area of discharge is washed thereafter followed by an ablution”: If there is a discharge after the ghusl, then the ablution is repeated and not the ghusl.
“If there is a discharge after the body is shrouded, then no more cleansing is done”: When all of the necessary steps are taken to stem the flow of the discharge, the body is shrouded. However, if discharge is seen afterwards, no more cleansing is required and the body is left as it is. This is because all preventive steps were taken, praise be to Allah.
“The laws that apply to a pilgrim apply even when he dies in the state of ihram. He is washed with water and lotus leaves but perfume should not touch the body. The male pilgrim should not be made to wear stitched clothes nor should his head be covered. A woman’s face should not be covered as well. The body of the martyr felled at battle is not washed.
“The laws that apply to a pilgrim apply even when he dies in the state of ihram. He is washed with water and lotus leaves but perfume should not touch the body. The male pilgrim should not be made to wear stitched clothes nor should his head be covered. A woman’s face should not be covered as well”: A pilgrim who dies is made to adhere to the same rules as a living pilgrim. All prohibitions which take effect when in the state of ihram apply to the pilgrim who dies while in that state. Examples would be the prohibition to apply perfume, cover the head and wearing of stitched garments. In fact, the pilgrim is buried wearing the clothes of ihram. A man was standing in Arafah with the Prophet(pbuh). He suddenly fell from his mount and it trampled him to death. The Prophet(pbuh) said, “Shroud him in his clothes.” He was wearing the garments of ihram at the time.“… Do not apply perfume to him nor cover his head. Verily he shall be raised on the Day of Judgement saying the talbiyyah.” (Reported by al-Bukhari (2/96), (3/22) and Muslim (4/25) from the narration of ‘Abdullah ibn ‘Abbas.)
This is the evidence to prove that a pilgrim is buried in his ihram clothes if he dies while in the state of ihram. The prohibitions of the state of ihram must still be observed. He is washed and shrouded in his ihram garments with the head uncovered. He is prayed over as normal and buried in the state of ihram.
That which was left incomplete by his death need not be completed by someone else on his behalf. This is because he died while trying to complete his pilgrimage. Furthermore, the Prophet(pbuh) did not order anyone to complete the remaining rites of Hajj on behalf of the deceased. This is proof that Hajj is not completed on behalf of one who dies as a pilgrim.
As for a woman, it is permissible for her to wear stitched clothes as the prohibition is not legislated for them. However, she must not wear a face veil or gloves.
“The body of the martyr felled at battle is not washed”: As for he who is martyred in the battlefield, fighting to exalt the word of Allah, his body is not washed. It is better that he is buried with his bloody wounds. Neither is he shrouded. He is buried wearing the clothes he had on when he was martyred. No prayer is offered for him as martyrdom is sufficient for him: {And never think of those who have been killed in the cause of Allah as dead. Rather, they are alive with their Lord, receiving provision.} (Ali ’Imran: 169) {And do not say about those who are killed in the way of Allah, “They are dead.” Rather, they are alive, but you perceive [it] not.} (Al-Baqarah: 154)
There are those who are martyred but not at the battlefield, for example those who die of plague, a woman who dies at childbirth, or those who die suddenly in a fire, by drowning or when a building collapses on them. These people are also martyrs but they are not accorded the same status of the martyr who died in the battlefield, nor do the laws apply. Hence, those from this category of martyrs are washed, shrouded and the prayer is offered for them.
This is because there are two types of martyrs:
The martyr of the world and the Hereafter: The example of this would be the martyr who is killed in battle.
The martyr of the Hereafter: This is who the Prophet(pbuh) classified as a martyr. They are the martyrs of the Hereafter. However, they are considered only as the dead in this world. Therefore, they are washed, shrouded and the janazah prayer is offered for them, yet they shall find the reward for their martyrdom with Allah(swt). For this reason, the first type is distinguished as a martyr killed in battle.
And likewise, if he is unjustly killed, then he is buried in his blood-stained clothes, unless he was in a state of janabah. After the sword and leather is removed from his body. If his garments were taken from someone else, then he is shrouded in other clothes. No prayer is offered for them. If he falls from his mount, his dead body is found in the battlefield without any wounds, he is carried away and then eats or succumbs to his wounds after a customarily long time, then he is washed and the prayer is offered for him.
“If he is unjustly killed”: Similarly, the one killed unjustly is accorded the rewards of a martyr.
“Unless he was in a state of janabah I.e., when he was killed. In this case, the martyr who dies on the battlefield is washed for the state of janabah and not for his death.
“If his garments were taken from someone else, then he is shrouded in other clothes”: He must be shrouded in a fresh pair of clothes and not left naked.
“If he falls from his mount”: He falls from his mount while in the battlefield fighting for the sake of Allah and dies as a result. In this case, he is not considered a martyr and his body is washed. He is shrouded and prayer is offered for him.
“His dead body is found in the battlefield without any wounds”: He is also not considered as a martyr as there is no evidence that he was killed.
“He is carried away and then eats”: He is wounded on the battlefield and carried away to a safe place where he dies of his wounds. He is also not considered to be a martyr and so his death is treated as an ordinary one.
“Or succumbs to his wounds after a customarily long time”: He is not considered a martyr. However, if he dies of his wounds while being transported to a safe place, then he is considered to be a martyr killed at battle.
A dead fetus which is at least four months old is washed and prayer is offered for it. Whenever washing of a body is impossible, dry ablution is performed. If the washer sees an imperfection, then he should keep it to himself.
“A dead fetus which is at least four months old is washed and prayer is offered for it”: If the dead fetus that is purged from the womb due to miscarriage is four months old, then the soul has been breathed into him. The fetus is treated as one who requires a janazah. He is washed, shrouded, a prayer is offered for him and he is buried just like an older person. However, if the fetus is less than four months old, it is assumed that his soul has not been breathed into him. It is sufficient to wrap the fetus in a cloth and bury it.
“Whenever washing of a body is impossible, dry ablution is performed”: If a body is badly burnt or if it is in an advanced stage of decay, it is not washed as this will only cause more damage to the body. In these situations, dry ablution is performed on the body similar to the dry ablution of a living person who is incapable of using water.
“If the washer sees an imperfection, then he should keep it to himself”: If the washer notices that the deceased shows signs of happiness, goodness or radiance upon his face, then he should let others know of it. However, if he sees signs to the contrary, he should keep it to himself and not let anyone know. He who hides the deficiencies of a Muslim, Allah will hide his deficiencies in this world and in the Hereafter. The deceased should not be slandered with words such as, “I saw upon him this or that.”
By Shaykh Salih ibn Fawzan al-Fawzan
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