Liaison office of Grand Ayatullah Sayyid Ali Al Sistani (L.M.H.L) in London, Europe, North and South America.
539. A Muslim who is dying, whether man or woman, old or young,
should, as a measure of precaution, be laid on his/her back if possible, in such
a manner that the soles of his/her feet would face the Qibla (direction towards
the holy Ka'bah)
540. It is recommended that the dead body should be laid facing the
Qibla during the Ghusls. However, when Ghusls are completed, it is better to lay
it the same way as it is laid when prayers are offered for it.
541. It is an obligatory precaution upon every Muslim, to lay a dying
person facing the Qibla. And if the dying person consents to it, there is no
need to seek the permission for it from the guardian. Otherwise, the permission
must be sought.
542. It is recommended that the doctrinal testimony of Islam
(Shahadatain) and the acknowledgement of the twelve Imams and other tenets of
faith should be inculcated to a dying person in such a manner that he/she would
understand. It is also recommended that these utterances are repeated till the
time of his/her death.
543. It is recommended that the following supplications should be read
over to a dying person in such a manner that he/she would understand:
Allahhummaghfir liyal kathira mim ma'asika waqbal minniyal yasira min ta'atika
ya man yaqbalul yasira wa ya'afu 'anil kathir, Iqbal minniyal yasira wa'fu
'anniyal kathir. Innaka antal 'afuwwul Ghafur. Alla hum mar hamni fa innaka
Rahim.
544. It is Mustahab to carry a person experiencing painfully slow
death to the place where he used to offer prayers, provided that it does not
cause him any discomfort.
545. If a person is in the throes of death it is Mustahab to recite by
his side Surah Yasin, Surah as-Saffat, Surah al-Ahzab, Ayat al-Kursi and 54th
verse of Surah al-A'raf and the last three verses of Surah al-Baqarah. In fact
it is better to recite as much from the holy Qur'an as possible.
546. It is Makrooh to leave a dying person alone or to place a weight
on his stomach, or to chatter idly or wail near him or to let only women remain
with him. It is Makrooh to be by his/her side in the state of Janabat or Hayz.
Rules to follow after the death
547. It is Mustahab that the eyes and lips of a dead person be shut,
its chin be tied, its hands and feet be straightened and to spread a cloth over
it. If a person dies at night it is Mustahab to light the place where he/she is,
to inform Momineen to join the funeral, and to hasten the burial.
But if,
they are not sure of his/her death, they should wait till they are certain.
Moreover, if the dead person is a pregnant woman and there is a living child in
her womb, her burial should be delayed till such time that her left side is cut
open and the child is taken out and then to sew her side.
The obligation of Ghusl, Kafan, Namaz and
Dafn
548. Giving Ghusl, Kafan, Hunoot, Namaz, and burial to every dead
Muslim,regardless of whether he/she is an Ithna-Asheri or not, is wajib on the
guardian.The guardian must either discharge all these duties himself or appoint
someone to do them. And if anyone performs these duties, with or without the
permission of the guardian, the guardian will be relieved of his responsibility.
And if the dead person had no guardian, or if the guardian refuses to
discharge his duties, then these duties will be obligatory upon all equally, as
Wajib-e-Kifaee which means if some people undertake to fulfil the obligation,
others will be relieved of the responsibility. And if no one undertakes to do so,
all willbe equally sinful. And when a guardian refuses to discharge his duty,
seeking his permission has no meaning.
549. If a person undertakes to fulfil the obligations to a dead body it
is not obligatory on others to proceed for the same. However, if that
person leaves the work half done, others must complete them.
550. If a person is certain that others are fulfilling their
obligations properly, then it is not obligatory for him to proceed for the
purpose.However,if he is in doubt or has suspicion, then he should take
necessary steps.
551. If a person is certain that Ghusl, Kafan, Namaz or burial of
adead body has been performed incorrectly, he should proceed to do them
correctly again. But if he just feels that probably the duties were not correctly
discharged,or if he has a mere doubt, then it is not obligatory to undertake the
work.
552. The guardian of a wife is her husband. And in other cases, men who
inherit the dead person according to the categories which will be
explained later, will take precedence over each other. However, to say that the
father of the deceased takes precedence over the son, the grandfather over the
brothers,or full brothers over half-brothers or the paternal uncles over the
maternaluncles, is a ponder able issue, and one should act with caution as the
situation demands.
553. A minor or an insane person does not qualify for guardianship
inmatters related to the dead person; similarly, an absent person who can
neitherattend to the duties himself, nor appoint someone to do them, has no
authorityas a guardian.
554. If a person claims that he is the guardian of the dead person,or
that the guardian of the dead person has given him permission to carry outits
Ghusl, Kafan and Dafn, or if he claims that he is the appointed executor of the
dead person in the matter of its final rituals, his claim will be
accepted,provided that he is reliable, or that the corpse is in his possession,
or thattwo Adils testify to his statement.
555. If a dead person appoints someone other than his guardian to
carry out his Ghusl, Kafan, Dafn and Namaz, then he will be the rightful person
to fulfil those obligations. And it is not necessary that the person whom the
deceased has appointed to carry out the duties personally should accept the will.
However,if he accepts it he should act accordingly.
The method of Ghusl of Mayyit
556. It is obligatory to give three Ghusls to a dead body. The first
bathing should be with water mixed with "Sidr" (Beri) leaves. The second bathing
should be with water mixed with camphor and the third should be with unmixed
water.
557. The quality of "Sidr" leaves and camphor should neither be so
much that the water becomes mixed (Mudhaaf), nor so little that it may be said
that "Sidr" leaves and camphor have not been mixed in it at all.
558. If enough quantity of "Sidr" leaves and camphor is not available,
then whatever quantity available should be mixed with water.
559. If a person dies while he is in the state of Ihram his dead body
should not be washed with water mixed with camphor. Instead of that, pure
unmixed water should be used. However, in the following two situations, water
with camphor should be used:
(i) If he or she dies in Hajj Tamattu' after completing Saee';
(ii) and if it is Hajj Qiran or Ifrad, he died after having shaved the
head.
560. If "Sidr" leaves and camphor or either of these things is not
available or its use is not lawful (e.g. if it has been usurped) the dead body
should be given Ghusl, on the basis of precaution, with pure, unmixed water
instead of the Ghusl which is not possible, and it should also be given one
tayammum.
561. A person who gives Ghusl to a dead body should be a Muslim,
preferably a Shia Ithna Asheri, adult, and sane, and should know the rules of
Ghusl. And if an intelligent, discerning boy or girl, who is not yet baligh,
gives Ghusl correctly, it will be sufficient. And if the deceased belongs to a
sect other than Shia Ithna Asheri, and if he or she is given Ghusl according to
the rules of his or her sect by a person of his or her sect, then the Shia Ithna
Asheri momin will be relieved of the responsibility, except if he is the
guardian.
562. One who gives Ghusl to the dead body should perform the act with
the niyyat of Qurbat, that is, obedience to the pleasure of Allah.
563. Ghusl to a Muslim child, even illegitimate, is obligatory. But
the Ghusl, Kafan, Dafan of a non-Muslim and his children is not allowed. And it
is necessary to give Ghusl to a Muslim who has been insane since childhood and
has grown up without having recovered.
564. If a foetus of 4 months or more is still-born it is obligatory to
give it Ghusl, and even if it has not completed four months, but it has formed
features of a human child, it must be given Ghusl, as a precaution. In the event
of both of these circumstances being absent, the foetus will be wrapped up in a
cloth and buried without Ghusl.
565. It is unlawful for a man to give Ghusl to the dead body of a
woman and for a woman to give Ghusl to the dead body of a man. Husband and wife
can, however, give Ghusl to the dead body of each other, although the
recommended precaution is that they should also avoid doing so, in normal
circumstances.
566. A man can give Ghusl to the dead body of a little girl and
similarly a woman can give Ghusl to the dead body of a little boy.
567. If no man is available to give Ghusl to the dead body of a man,
his kinswomen who are also his mahram (one with whom marriage is prohibited
e.g., mother, sister, paternal aunt and maternal aunt) or those women who become
his mahram by way of marriage or suckling can give Ghusl to his dead body.
Similarly if no woman is available to give Ghusl to the dead body of a woman
her kinsmen who are also her mahram or have become mahram by marriage or
suckling can give Ghusl to her dead body. In either case, it is not obligatory
to cover the body except the private parts; though doing so is preferred.
568. If a man gives Ghusl to the dead body of a man, or a woman to the
dead body of a woman, it is permissible to keep the body bare, except the
private parts. But it is better to give Ghusl from under the dress.
569. It is haraam to look at the private parts of a corpse and if a
person giving Ghusl looks at them, he commits a sin, though the Ghusl will not
be void.
570. If there is AYN Najasat on any part of the dead body, it is
obligatory to first remove it before giving Ghusl. And it is preferred that
before the corpse is given Ghusl, it should be clean and free from all other
najasat.
571. Ghusl for a dead body is similar to Ghusl of Janabat. And the
obligatory precaution is that a corpse should not be given Ghusl by Irtimasi,
that is, immersion, as long as it is possible to give Ghusl by way of Tartibi.
And even in the case of Tartibi Ghusl it is necessary that the body should be
washed on the right side first, and then the left side.
And the recommended
precaution is that, if possible, none of the three parts of the body be immersed
in the water. Instead water should be poured on the dead body.
572. If someone dies in the state of Hayz or Janabat it is not
necessary to give him/her their respective Ghusls. The Ghusls given to the dead
body will suffice.
573. As a precaution, it is haraam to charge any fee for giving Ghusl
to the dead. And if someone gives Ghusl with an intention of earning and without
the Niyyat of Qurbat, then the Ghusl will be void. However, it is not unlawful
to charge for the preliminary preparations before Ghusl.
574. There is no rule for Jabirah in Ghusl of Mayyit, so if water is
not available or there is some other valid excuse for abstaining from using
water for the Ghusl, then the dead body should be given one tayammum instead of
Ghusl. As a recommended precaution, three tayammums may be given, and in one of
the tayammum, there should be a Niyyat of "ma-fizzimmah". This means that a
person giving tayammum resolves that this tayammum is given to absolve him of
his responsibility.
575. A person giving tayammum to the dead body should strike his own
palms on earth and then wipe them on the face and back of the hands of the dead
body. And the obligatory precaution is that he should, if possible, use the
hands of the dead for its tayammum.
Rules regarding Kafan
576. The body of a dead Muslim should be given Kafan with three pieces
of cloth: a loin cloth, a shirt or tunic, and a full cover.
577. As a precaution, the loin cloth should be long enough to cover
the body from the navel up to the knees, better still if it covers the body
from the chest up to the feet. As a precaution, the shirt should be long enough
to cover the entire body from the top of the shoulders up to the middle of the
calf, and better still if it reaches the feet. As a precaution, the sheet cover
should be long enough to conceal the whole body, so that both its ends could
be tied. It's breadth should be enough to allow one side to overlap the other.
578. The wajib portion of the loin cloth is that which covers from
navel up to the knees and wajib portion of a shirt is that which covers from
the shoulders up to the middle of the calf of the legs. Whatever has been
mentioned over and above this is the Mustahab part of the Kafan.
579. The Wajib quantity of Kafan mentioned in the above rule should
be financed from the estate of the deceased, and a reasonable quantity to cover
the Mustahab may also be charged to the estate, if the status of the deceased
demands. But as a recommended precaution, the Mustahab parts of Kafan should
not be charged to the shares of minor heirs.
580. If a person makes a will that the Mustahab quantity of the
Kafan(as mentioned in the two foregoing rules) should be paid for from the 1/3
of his/her estate, or if he/she has made a will that 1/3 of the estate should
be spent for himself or herself but has not specified the type of its
expenditure, or has specified it for only a part of it, then the Mustahab
quantity of Kafan can be taken from 1/3 of the estate.
581. If the deceased has not made a will that Kafan may be paid for
from the 1/3 of his estate and if they wish to take it from the estate, they
must not draw more than what has been indicated in rule no. 579. And if they
procured a Kafan which is unusually expensive, then the extra amount paid for
it should not be charged to the estate. However, if his baligh heirs agree to
pay from their shares of inheritance, then the sum can be deducted to the extent
agreed.
582. The Kafan of a wife is the responsibility of her husband even if
she owns her own wealth. Similarly, if a woman is given a revocable divorce
and she dies before the expiry of her iddah, her husband should provide her
Kafan. And if her husband is not adult or is insane, the guardian of the husband
should provide Kafan for the wife from his property.
583. It is not obligatory for the relatives of deceased to provide his
Kafan even if they were his dependents during his life time.
584. As a precaution, it must be ensured that each of the three pieces
used for Kafan is not so thin as to show the body of the deceased. However,
if the body is fully concealed when all the three pieces are put together, then
it will suffice.
585. Kafan for a dead person must not be a usurped one, that is,
unlawfully appropriated. If nothing else but the usurped Kafan is available,
then the body will be buried without Kafan. In fact, the usurped Kafan should
be removed even if the body has already been buried, except in some special
situations, which cannot be discussed here.
586. It is not permissible to give a Kafan which is najis, or which
is made of pure silk, or which is woven with gold, except in the situation of
helplessness, when no alternative is to be found.
587. It is not permissible to give Kafan made of hide or skin of a
dead Najis animal, in normal circumstances. In fact, even the skin of a dead
Pak animal, or Kafan made of wool or fur from the animal whose meat is haraam
to eat should not be used in normal circumstances.
(By the term 'dead'
is meant an animal who has not been slaughtered according to Shariah). But
Kafan made of wool, fur or skin of a slaughtered halal animal can be used for
the purpose. However, it is a recommended precaution to avoid them.
588. If the Kafan becomes Najis owing to its own najasat, or owing to
some other najasat, and if the Kafan is not lost totally, its najis part should
be washed or cut off, even after the dead body has been placed in the grave.
And if it is not possible to wash it, or to cut it off, but it is possible to
change it, then it should be changed.
589. If a person who is wearing Ihram for Hajj or Umra dies, he should
be given Kafan like all others and there is no harm in covering his head and
face.
590. It is Mustahab that one keeps one's Kafan and "Sidr" leaves and
camphor ready during lifetime.
Rules of Hunut
591. After having given Ghusl to a dead body it is wajib to give
Hunut, which is to apply camphor on its forehead, both the palms, both the knees
and both the big toes of its feet. It is not necessary to rub the camphor; it
must be seen on those parts. It is Mustahab to apply camphor to the nose tip
also. Camphor must be powdered and fresh, and if it is so stale that it has lost
its fragrance, then it will not suffice.
592. The recommended precaution is that camphor should first be
applied on the forehead of the deceased. It is not necessary to observe sequence
while applying camphor to other parts mentioned above.
593. It is better that Hunut is given before Kafan, although there is
no harm in giving Hunut during Kafan or even after.
594. It is not permissible to administer Hunut to a person who died in
the state of Ihram for Umra and Hajj, except in circumstances explained in rule
no. 559.
595. Though it is haraam for a woman to perfume herself if her husband
has died and she is in iddah, but if she dies in iddah, it is obligatory to give
her Hunut.
596. As a recommended precaution, perfumes like musk, ambergris and
aloes-wood ('Ud) should not be applied to the dead body, and these things should
not be mixed with camphor.
597. It is Mustahab to mix a small quantity of Turbat (soil of the
land around the shrine of Imam Husayn) with camphor, but it should not be
applied to those parts of the body, where its use may imply any disrespect. It
is also necessary that the quantity of Turbat is not much, so that the identity
of camphor does not change.
598. If camphor is not available or the quantity available is just
sufficient for Ghusl only, then it is not wajib to apply Hunut. And if it is in
excess of the requirement for Ghusl but is not sufficient for administering
Hunut to all the parts, then as a recommended precaution, camphor will be
applied on the forehead of the dead body first and the remainder, if any, will
be applied to other parts.
599. It is also Mustahab that 2 pieces of fresh and green twigs are
placed in the grave with the dead body.
Rules of Namaz-e-Mayyit
600. It is obligatory to offer Namaz-e-Mayyit for every Muslim, as
well as for a Muslim child if it has completed 6 years of its age.
601. If a child had not completed 6 years of its age, but it was a
discerning child who knew what Namaz was, then as an obligatory precaution,
Namaz-e-Mayyit for it should be offered. If it did not know of Namaz, then the
prayers may be offered with the Niyyat of 'Raja'. However, to offer
Namaz-e-Mayyit for a still born child is not Mustahab.
602. Namaz-e-Mayyit should be offered after the dead body has been
given Ghusl, Hunnut and Kafan and if it is offered before or during the
performance of these acts, it does not suffice, even if it is due to
forgetfulness or on account of not knowing the rule.
603. It is not necessary for a person who offers Namaz-e-Mayyit to be
in Wudhu or Ghusl or tayammum nor is it necessary that his body and dress be
Pak. Rather there is no harm even if his dress is a usurped one. However, it
is better that while offering this Namaz one should observe all the formal rules
which are normally observed in other prayers.
604. One who offers Namaz-e-Mayyit should face the Qibla, and it is
also obligatory that at the time of Namaz-e-Mayyit, the dead body remains before
him on its back, in a manner that its head is on his right and its feet on his
left side.
605. As a recommended precaution, the place where a man stands to
offer Namaz-e-Mayyit should not be a usurped one, and it should not be higher
or lower than the place where the dead body is kept. However, its being a
little higher or lower is immaterial.
606. The person offering Namaz-e-Mayyit should not be distant from the
dead body. However, if he is praying in a congregation, then there is no harm
in his being distant from the dead body in the rows which are connected to each
other.
607. In Namaz-e-Mayyit, one who offers prayers should stand in such
a way that the dead body is in front of him, except if the Namaz is prayed in
Jama'at and the lines extend beyond on both sides, then praying away from the
dead body will not be objectionable.
608. As a precaution, there should be no curtain or wall or any other
obstruction between the dead body and the person offering Namaz-e-Mayyit.
However, there is no harm if the dead body is in a coffin or in any other
similar thing.
609. The private parts of the dead body should be concealed when
Namaz-e-Mayyit is being offered. And if it was not possible to give Kafan,
even then at least its private parts should be covered with a board or brick
or any similar thing.
610. A person should be standing while offering Namaz-e-Mayyit and
should offer it with the Niyyat of Qurbat, specifying the dead person for whom
he is praying. For example, he should make his intention thus: "I am offering
Namaz for this dead person in compliance with the pleasure of Allah".
611. If there is no one who is capable of praying Namaz-e-Mayyit while
standing, then it can be offered while sitting.
612. If the deceased had made a will that a particular person should
lead the prayers for him the recommended precaution is that such a person should
take permission from the guardian of the dead person.
613. It is Makrooh to repeat Namaz-e-Mayyit a number of times, unless
the dead person was an Aalim and pious one, in which case it is not Makrooh.
614. If a dead body is buried without Namaz-e-Mayyit, either
intentionally or forgetfully, on account of an excuse, or if it transpires
after its burial that the prayers offered for it was void, it will not be
permissible to dig up the grave for praying Namaz-e-Mayyit. There is no
objection to praying, with the Niyyat of Raja', by the graveside, if one feels
that the decay has not yet taken place.
Method of Namaz-e-Mayyit
615. There are 5 takbirs (saying Allahu Akbar) in Namaz-e-Mayyit and
it is sufficient if a person recites those 5 takbirs in the following order:
After making Niyyat to offer the prayers and pronouncing the 1st takbir
he should say: Ash hadu an la ilaha illal lah wa ashhadu anna Muhammadan
Rasulullah. (I bear witness that there is no god but Allah and that Muhammad
is Allah's Messenger).
After the 2nd takbir he should say: Alla humma salli 'ala Muhammadin wa
'ali Muhammad. (O' Lord! Bestow peace and blessing upon Muhammad and his
progeny).
After the 3rd takbir he should say: Alla hummaghfir lil mu'minina wal
mu'minat.(O' Lord! Forgive all believers - men as well as women).
After the 4th takbir he should say: Alla hummaghfir li hazal mayyit. (O'
Lord! Forgive this dead body). If the dead person is a woman, he would say:
Alla hummaghfir li hazihil mayyit. Thereafter he should pronounce the 5th
takbir.
It is, however, better that he should pronounce the following supplications
after the takbirs respectively:
After the 1st takbir: Ash hadu an la ilaha illallahu wahdahu la sharika
lah. Wa Ashhadu anna Muhammadan 'abduhu wa Rasuluh, arsalahu bil haqqi
bashiran wa naziran bayna yada yis sa'ah.
After the 2nd takbir: Alla humma salli 'ala Muhammadin wa Ali Muhammad wa
barik 'ala Muhammadin wa Ali Muhammad warham Muhammadan wa Ala Muhammadin
ka afzali ma sallayta wa barakta wa tarah hamta 'ala Ibrahima wa Ali Ibrahima
innaka Hamidum Majid wa salli 'ala jami'il ambiya'iwal-mursalina
wash-shuhada'i was-siddiqina wa jami'i 'ibadilla his-salihin.
After the 3rd takbir: Alla hum maghfir lil mu'minina wal mu'minati wal
muslimina wal muslimat, al ahya'i minhum wal amwat tabi'baynana wa baynahum
bil khayrati innaka mujibud-da'wat innak 'ala kulli shay'in Qadeer.
After the 4th takbir: Alla humma inna haza 'abduka wabnu 'abdika wabnu
amatika nazala bika wa anta khayru manzulin bihi Alla humma inna la na'lamu
minhu illa khayra wa anta a'alamu bihi minna. Alla humma in kana mohsinan fa
zid fi ihsanihi wa in kana musi'an fatajawaz anhu waghfir lahu. Alla
hummaj'alhu 'indaka fi a'la'illiyyin wakhluf 'ala ahlihi fil ghabirin
warhamhu bi-rahmatika ya ar hamar Rahimin.
If the dead body is that of
a woman he should say: Alla humma inna hazihi 'amatuka wabnatu 'abdika
wabnatu amatika nazalat bika wa anta khayra manzulin bihi Alla humma inna la
na'lamu minha illa khayra wa anta a'lamu biha minna. Alla humma in kanat
mohsinatan fa zid fi ihsaniha wa in kanat musi'atan fatajawaz 'anha waghfir
laha. Alla hummaj'al ha 'indaka fi a'la 'illiyin wakhluf 'ala ahliha fil
ghabirin warhamha bi-rahmatika ya ar hamar Rahimin. Thereafter he should
pronounce the 5th takbir.
616. A person offering prayers for the dead body should recite takbirs
and supplications in a sequence, so that Namaz-e-Mayyit does not lose its form.
617. A person who joins Namaz-e-Mayyit to follow an Imam should recite
all the takbirs and supplications.
Mustahab acts of Namaz-e-Mayyit
618. The following acts are Mustahab in the prayers for the dead body:
A person who offers prayers for the dead body should have had Ghusl or
performed Wudhu or tayammum. And the precaution is that he should perform
tayammum only when it is not possible to do Ghusl, or Wudhu, or if he fears
that if he goes for Ghusl or Wudhu it will not be possible for him to
participate in the prayers.
If the dead body is that of a male the Imam or a person who is offering
the prayers alone should stand at the centre of its height, that is, the
middle part of the dead body, and if the dead body is that of a female he
should stand at the chest of the dead body.
To pray bare-footed.
To raise one's hands (up to the ears) while pronouncing every takbir.
The distance between the person offering prayers and the dead body should
be so short that, when the wind blows, the dress of the person offering the
prayers would touch the coffin.
To pray in congregation.
The Imam to recite the takbirs and supplications loudly and those offering
the prayers with him to recite them in a low voice.
If there is only one person joining the Namaz-e-Mayyit being offered in
Jama'at, he would stand behind the Imam.
One who offers the prayers should earnestly and persistently pray for the
dead as well as for all the believers.
Before the commencement of the congregational prayers for the dead body
one should say "as-Salat" three times.
The prayers be offered at a place where people often go for
Namaz-e-Mayyit.
If a Haaez (woman in her menses) participates in the congregational
prayers for a dead person, she should stand alone and should not join the
lines.
619. It is Makrooh to perform prayers for dead bodies in masjids,
except in Masjidul Haram.
Rules about burial of the dead body
620. It is obligatory to bury a dead body in the ground, so deep that
its smell does not come out and the beasts of prey do not dig it out, and, if
there is a danger of such beasts digging it out then the grave should be made
solid with bricks, etc.
621. If it is not possible to bury a dead body in the ground, it may
be kept in a vault or a coffin, instead.
622. The dead body should be laid in the grave on its right side so
that the face remains towards the Qibla.
623. If a person dies on a ship and if there is no fear of the decay
of the dead body and if there is no problem in retaining it for sometime on the
ship, it should be kept on it and buried in the ground after reaching the land.
Otherwise, after giving Ghusl, Hunut, Kafan and Namaz-e-Mayyit it should be
lowered into the sea in a vessel of clay or with a weight tied to its feet. And
as far as possible it should not be lowered at a point where it is eaten up
immediately by the sea predators.
624. If it is feared that an enemy may dig up the grave and exhume the
dead body and amputate its ears or nose or other limbs, it should be lowered
into sea, if possible, as stated in the foregoing rule.
625. The expenses of lowering the dead body into the sea, or making
the grave solid on the ground can be deducted from the estate of the deceased,
if necessary.
626. If a non-Muslim woman dies with a dead child, or soulless foetus
in her womb, and if the father is a Muslim then the woman should be laid in the
grave on her left side with her back towards Qibla, so that the face of the
child is towards Qibla.
627. It is not permitted to bury a Muslim in the graveyard of the
non-Muslims, nor to bury a non-Muslim in the graveyard of the Muslims.
628. It is also not permissible to bury the dead body of a Muslim at a
place which is disrespectful, like places where garbage is thrown.
629. It is not permissible to bury a dead body in a usurped place nor
in a place which is dedicated for purposes other than burial (e.g. in a Masjid).
630. It is not permissible to dig up a grave for the purpose of
burying another dead body in it, unless one is sure that the grave is very old
and the former body has been totally disintegrated.
631. Anything which is separated from the dead body (even its hair,
nail or tooth) should be buried along with it. And if any part of the body,
including hair, nails or teeth are found after the body has been buried, they
should be buried at a separate place, as per obligatory precaution. And it is
Mustahab that nails and teeth cut off or extracted during lifetime are also
buried.
632. If a person dies in a well and it is not possible to take him
out, the well should be sealed, and the well should be treated as his grave.
633. If a child dies in its mother's womb and its remaining in the
womb is dangerous for the mother, it should be brought out in the easiest
possible way. If it becomes inevitable to cut it into pieces there is no
objection in doing so. It is, however, better that if the husband of the woman
is skilled in surgery the dead body of the child should be taken out by him, and
failing that, the job should be performed by a skilled woman.
And if that is
not available, a skilled surgeon who is the mahram (one with whom marriage
cannot be contracted) of the woman should do it. And if even that is not
available a skilled man who is not mahram (one with whom marriage can be
contracted) should remove the dead child. And if even such a person is not
available the dead body can be brought out by any unskilled person.
634. If a woman dies and there is a living child in her womb, it
should be brought out in the safest possible way, even if there be no hope for
the child's survival. The body of the mother should then be sewn up.
Mustahab acts of Dafn
635. It is Mustahab that the depth of the grave should be
approximately equal to the size of an average person and the dead body be buried
in the nearest graveyard, except when the graveyard which is situated farther is
better due to some reasons, like if pious persons are buried there or people go
there in large number for Fateha.
It is also recommended that the coffin is
placed on the ground a few yards away from the grave and then taken to the grave
by halting three times briefly. It should be placed on the ground every time and
then lifted before finally it is lowered into the grave at the 4th time.
And if the dead body is of a male, it should be placed on the ground at
the 3rd time in such a manner that its head should be towards the lower side of
the grave and at the 4th time it should be lowered into the grave from the side
of its head.
And if the dead body is of a female it should be placed on the
ground at the 3rd time towards the Qibla and should be lowered into the grave
sidewise and a cloth should be spread over the grave while lowering it. It is
also Mustahab that the dead body should be taken out of the coffin and lowered
into the grave very gently, and the prescribed supplications should be recited
before and during burying the dead body; and after the dead body has been
lowered into the niche, the ties of its shroud should be unfastened and its
cheek should be placed on earth, and an earthen pillow should be done up under
its head and some unbacked bricks or lumps of clay should be placed behind its
back so that the dead body may not return flat on its back.
Before closing
the niche, the person reciting the talqin should hold with his right hand the
right shoulder of the dead body and should place his left hand tightly on its
left shoulder and take his mouth near its ear and shaking its shoulders should
say thrice: Isma' ifham ya .......here the name of the dead person and his
father should be called.
For example, if the name of the dead person is Muhammad and his father's
name 'Ali it should be said thrice: Isma 'ifham ya Muhammad bin 'Ali. And then
he should say: Hal anta 'alal 'ahdil lazi farqtana 'alayhi min shahadati an la
ilaha illal lahu wahdahu la sharika lah wa anna Muhammadan sallal lahu 'alayhi
wa Alihi 'abduhu wa Rasuluhu wa sayyidun nabiyyina wa khatamul mursalina wa anna
'Aliyyan Amirul mu'minina wa sayyidul wasiyyina wa imamu nif tarazallahu ta'tahu
'alal 'alamina wa annal Hasana wal Husayna wa 'Aliyyabnal Husayni wa
Muhammadabna 'Aliyyin wa Ja'farabna Muhammadin wa Musabna Ja'farin wa 'Aliyyabna
Musa wa Muhammadabna'Aliyyin wa 'Aliyyabna Muhammadin wal Hasanabna 'Aliyyin wal
Qa'imal hujjatal Mahdi salawatullahi 'alayhim a'i'mmatul mu'minina wa
hujajullahi'alal khalqi ajma'ina wa a'immatuka a'immatu hudan abrar ya
........(here the name of the dead person and his father should be called) and
then the following words should be said:
Iza atakal malakanil muqarraabani
Rasulayni min 'indillahi tabaraka wa ta'ala wa sa'alaka 'an Rabbika wa 'an
Nabiyyika wa 'an dinika wa 'an Kitabika wa 'an Qiblatika wa 'an A'immatika fala
takhaf wa la tahzan wa'qul fi jawabi hima, Allahu Rabbi wa Muhammadun sallal
lahu 'alayhi wa Alihi nabiyyi wal Islamu dini wal Qur'anu kitabi wal Ka'batu
Qiblati wa Amirul mu'minina 'Aliyybnu Abi Talib imami wal Hasanubnu 'Aliyyi nil
Mujtaba imami wal Husaynubnu 'Aliyyi nish-shahidu bi-Karbala imami wa 'Aliyyun
Zaynul 'Abidina imami wa Muhammadu nil Baqiru imami wa Ja'faru nis Sadiqu imami
wa Musal Kazimu imami wa 'Aliyyu-nir Riza imami wa Muhammadu nil Jawadu imami wa
'Aliyyu nil Hadi imami wal Hasanul 'askari imami wal Hujjatul muntazar imami ha
ula'i salawatullahi 'alayhim ajma'in A'i'mmati wa sadati wa qadati wa shufa-a'i
bihim atawalla wa min a'daihim atabarra'u fid dunya wal akhirati thumma i'lam ya
....... here the name of the dead person and his father should be called and
thereafter it should be said: Annal laha tabaraka wa ta'ala ni'mar-Rabb wa anna
Muhammadan sallal lahu 'alayhi wa Alihi ni'mar Rasul wa anna 'Aliyyabna Abi
Talib wa awladahul ma'suminal A'i'mmatal ithna 'asharah ni'mal A'i'mmah wa anna
ma ja'a bihi Muhammadun sallal lahu 'alayhi wa Alihi haqqun wa annal mawta
haqqun wa suwala munkarin wa nakirin fil qabri haqqun wal ba'tha haqqun wan
nushura haqqun wassirata haqqun wal mizana haqqun wa tatayiral kutubi haqqun wa
annal jannata haqqun wan-nara haqqun wa annas sa'ata a'tiyatun la rayba fiha wa
annallaha yab'athu man fil qubur.
Then the following words should be said: Afahimta ya .... (here the name
of the dead person should be called) and thereafter the following should be
said: Thabbatakallahu bil qawlith thabit wa hadakallahu ila siratim mustaqim
'arrafallahu baynaka wa bayna awliya'ika fi mustaqarrim min rahmatih. Then the
following words should be uttered: Alla humma jafil arza 'an jambayhi vas'ad
biruhihi ilayka wa laqqihi minka burhana Alla humma 'afwaka 'afwaka.
636. It is recommended that the person who lowers the dead body in the
grave should be Pak, bare-headed and bare-footed and he should climb out of the
grave from the feet side. Moreover, persons, other than the near relatives of
the deceased, should put the dust into the grave with the back side of their
hands and recite the following: Inna lillahi wa innailayhi raji'un. If the dead
person is a woman, her mahram and in the absence of a mahram her kinsmen should
lower her in the grave.
637. It is Mustahab that the grave be square or rectangular in shape
and its height equal to four fingers' span. A sign should be fixed on it for the
purpose of identification and water should be poured on it, and then those
present should place their hands on the grave parting their fingers and
thrusting them into earth.
Then recite Surah al-Qadr 7 times and pray for
the forgiveness of the departed soul and say: Alla humma jafil arza 'an jam
bayhi wa as'idilayka ruhahu wa laqqihi minka rizwana wa askin qabrahu min
rahmatika ma tughneehi bihi 'an rahmati man siwaka.
638. It is Mustahab that when the persons who attended the funeral
have departed, the guardian of the dead person or the person whom the guardian
grants permission should recite the prescribed supplications for the dead
person.
639. It is Mustahab that after the burial, the bereaved family is
consoled, praying for their well being. However, if the condolence is given long
after the event, and if it serves to refresh the sorrowful memories, then it
should be avoided.
It is Mustahab that food be sent to the members of the
family of the deceased for 3 days. It is, however, Makrooh to take meal with
them in their homes.
640. It is also Mustahab that a person should observe patience on the
death of his near ones, especially on the death of his son, and, whenever the
memory of the departed soul crosses his mind, he should say: Inna lillahi wa
inna ilayhi raji'un and should recite the holy Qur'an for the sake of the
departed.
A man should visit the graves of his parents and pray there for
the blessings of Allah for himself and should make the grave solid so that it
may not be easily ruined.
641. As a matter of precaution, one should refrain from scratching
one's face or body, or uprooting one's hair to display the grief. However,
slapping one's head or face is permitted.
642. It is not permissible to tear one's clothes on the death of
anyone except on the death of one's father and brother, though the recommended
precaution is that one should not tear one's clothes on their death also.
643. If a wife mourning the death of a husband scratches her face
causing blood to come out, or pulls her hair, she should, on the basis of
recommended precaution, set a slave free, or feed ten poor, or provide them
dress. And the same applies when a man tears his clothes on the death of his
wife or son.
644. The recommended precaution is that while weeping over the death
of any person one's voice should not be very loud.
Namaz-e-Wahshat
645. It is befitting that on the first night after the burial of a
dead person, two Raka'ats of wahshat prayers be offered for it. The method of
offering this prayers is as follows:
In the first Raka'at, after reciting
Surah al-Hamd, Ayatul Kursi should be recited once and in the second Raka'at,
Surah al-Qadr should be recited 10 times after Surah-al-Hamd; and after saying
the Salam the following supplication should be recited: Alla humma salli 'ala
Muhammadin wa Ali Muhammad wab'ath thawabaha ila qabri ......(here the name of
the dead person and his father's name should be mentioned).
646. Wahshat prayers can be offered in the night following the burial
of the dead body at any time, but it is better to offer it in the early hours of
the night after 'Isha prayers.
647. If it is proposed to transfer the dead body to some other town or
its burial is delayed owing to some reason, the wahshat prayers should be
deferred till the first night of its burial.
Exhumation
648. It is haraam to open the grave of a Muslim even if it belongs to
a child or an insane person. However, there is no objection in doing so if the
dead body has decayed and turned into dust.
649. Digging up or destroying the graves of the descendants of Imams,
the martyrs, the Ulama and the pious persons is Haraam, even if they are very
old, because it amounts to desecration.
650. Digging up the grave is allowed in the following cases:
When the dead body has been buried in an usurped land and the owner of the
land is not willing to let it remain there.
When the Kafan of the dead body or any other thing buried with it had been
usurped and the owner of the thing in question is not willing to let it
remain in the grave. Similarly, if anything belonging to the heirs has been
buried along with the deceased and the heirs are not willing to let it
remain in the grave.
However, if the dead person had made a will that
a certain supplication or the holy Qur'an or a ring be buried along with his
dead body, and if that will is valid, then the grave cannot be opened up to
bring those articles out. There are certain situations when the exhuming is
not permitted even if the land, the Kafan or the articles buried with the
corpse are Ghasbi. But there is no room for details here.
When opening the grave does not amount to disrespect of the dead person,
and it transpires that he was buried without Ghusl or Kafan, or the Ghusl
was void, or he was not given Kafan according to religious rules, or was not
laid in the grave facing the Qibla.
When it is necessary to inspect the body of the dead person to establish
a right which is more important than exhumation.
When the dead body of a Muslim has been buried at a place which is against
sanctity, like, when it has been buried in the graveyard of non-Muslim or
at a place of garbage.
When the grave is opened up for a legal purpose which is more important
than exhumation. For example, when it is proposed to take out a living child
from the womb of a buried woman.
When it is feared that a wild beast would tear up the corpse or it will
be carried away by flood or exhumed by the enemy.
When the deceased has willed that his body be transferred to sacred places
before burial, and if it was intentionally or forgetfully buried elsewhere,
then the body can be exhumed, provided that doing so does not result in any
disrespect to the deceased.