Jurisprudence Made Easy
Dialogue on death related matters
I was tense, apprehensive, and agitated when my father started the
discussion on the topic of death. He approached the subject with due
care and serenity that was expressed in his look and the intonation of
his voice.
This seemingly unusual way of starting the discussion and the somewhat
death charged atmosphere scared me, causing my heartbeat to go faster
with a shiver down my spine. Finally, the drops of sweat that gathered
on my forehead gave my true feeling away.
When my father noticed the signs of fear in my eyes and on my face, he
asked me:
- Are you afraid?
* Why should I not be afraid?
- Are you afraid of death or the dead?
* Although I am afraid of death more than the dead, yet I said, “the
dead”.
It was a terrifying fear that I admitted to today, for I have never
witnessed a person dying. I did not know how I would face the
experience of someone dying before my eyes. Before today, when I
witnessed a funeral procession, a state of melancholy would force me to
turn away.
* Yes, I am scared of the dead.
I said it for a second time to reinforce my state of mind.
- Are you scared of the dead more than death? What is there after
death to be afraid of? My father explained.
He added: Are you scared of a person who just moments before death was
like you; he used to eat, drink, laugh, cry, go for a stroll, have
dreams, sleep etc. Then surrendered to death which does not spare
anyone.
Why not be more realistic and admit that you are afraid of death more
than you are of the dead?
Haven’t you asked yourself where all those bygone nations and their
generations have gone. “The day when their abodes became graveyards and
their wealth inherited; the day they could no longer respond to a call
nor hear anyone who bemoaned them”. ”How many of the gardens and
fountains they have left! And cornfields and noble places! And goodly
things wherein they rejoiced; thus (it was), and We gave them as a
heritage to another people.” (44/25-28).
And where have those you know gone when they passed away?
Where are your ancestors? “They exchanged the face of the earth for
its depth, vastness for a very limited space, light for darkness, and
parting with their loved ones to solitude”.
He then reminded me of the words of Imam Ali (a.s.) at the hour of his
death, “Yesterday, I was your companion. Today, I am an example to be
pondered. Tomorrow, I shall leave you. Take your lesson from the state
I am in - my quietness, pacifity, my eyes can hardly turn in their
sockets, and my limbs can hardly move. This is clearer to you than
words of advice”.
My father also talked of the Imam’s words when he warned of the fire of
hell, “Let it be known, this delicate flesh cannot stand the hell fire.
So, have mercy on yourselves as you have experienced the trials and
tribulations of this life. Have you experienced agony of a prick of a
thorn, a stumble that bleeds the foot, and the unbearable sweltering
heat? Just imagine how much worse it will be, if one is thrown into two
layers of fire, lying on stone and taking Satan for a companion!”.
It is time you should fear the aftermath of death, not merely death
itself, ”On the day when you shall see it, every nursing woman shall
quit in confusion what she suckled, and every pregnant woman shall lay
down her burden, and you shall see men intoxicated, and they shall not
be intoxicated but the chastisement of Allah will be severe.”
(22/2).
”On the day that every soul shall find present what it has done of good
and what it has done of evil, it shall wish that between it and that
(evil) there was a long duration of time; and Allah makes you to be
cautious of (retribution from) Himself and Allah is Compassionate to the
servants.” (3/28)
Let it be that the person who is in their last throws or who has just
died serve as a reminder for you that your turn shall come. It should
not be a terrifying experience.
A momentary silence prevailed that gave me the chance to reconsider my
position. However, it did not last long, for my father cut short my
contemplation, saying:
- Should it happen that you see a Muslim dying, leave your
apprehensions aside and [turn him towards the Qiblah (the direction, of
Ka’ba, one must face while praying)].
* How should one do that?
- Make him lie on his back with the soles of his feet pointing to the
qiblah.
* Does this mean that I should stretch his legs in the direction of
the qiblah?
- Precisely, irrespective of whether the dying person is a man or a
woman, old or young. It is advisable too that you whisper into his ears
to instil in him how to bear witness to the unity of Allah and the
prophethood of Mohammad (s.a.w.), to acknowledge the imamate of the
twelve Imams, and to recite the Chapter of as-Saffat unto him to ease
the agony of the last throws of death. It is makrouh for a person who
is in a state of either janabah or haydh to be present while a person is
dying, or to touch their body at the point of their giving up the
soul.
* And if he dies?
- It is mustahab to close their eyes, shut their mouth, stretch their
arms beside their body, straighten their legs, cover them, recite verses
from the Holy Qur’an, light the place where they used to dwell, and
inform the faithful to attend their funeral; it is also mustahab to
prepare the body for burial quickly, unless you suspect the person is
not really dead.
* What if you are not sure the person is dead?
- You may delay burial preparations until you have made sure that they
were dead. Then, it will become obligatory that you wash the body and
take other necessary steps.
* What about foetal miscarriage or abortion?
- Even the foetus, of four months [or even less than that, but well
proportioned in creation] should be accorded the same treatment. Prayer
for its soul, however, is not obligatory and not mustahab.
* Who takes the responsibility of washing the body of a dead
person?
- A male can wash a body of a male. Likewise, A female can wash a
body of a female, except in the case of husband and wife. They can wash
one another’s body. The same goes for a discerning youngster, male or
female; they can wash each other’s body. The same ruling applies to a
mahram (One’s immediate relatives - according to a certain
classification detailed in Shari’a law), who can wash the body of his
mahram from the opposite sex [if a mahram from the same sex was not
available].
* How is the corpse washed?
- Three types of ghusl should be carried out.
1. Once using lotus leaves (sidr) added to water.
2. The second ghusl using water with camphor added to it.
3. The third ghusl using pure water.
[Provided ghusl be sequential], i.e. washing the head and neck first,
then the right part of the body, then the left part. Furthermore, the
water used should be tahir, not najis, ownerless (mubah), not maghsoub
(usurped), free from impurities (mutlaq), not mixed; the lotus leaves
and camphor should also be ownerless.
* Do you have to remove the clothes of the dead person while
washing?
- It can be washed with the clothes on; it might even be better.
* How can you guarantee the purity of the water when you add lotus
and camphor to it?
- Care must be taken to add the quantity that would not turn it into a
mixed type of water, i.e. without losing its properties as water free
from impurities.
* The body of a dead person might become najis through contact with
an external source or from within the body during ghusl. What should
one do?
- Removing the source of najasah and rendering the body tahir from it
is obligatory. Renewing ghusl, however, is not mandatory.
* What should be done after ghusl?
- It is obligatory to embalm the corpse and shroud it.
* What does embalming involve?
- Wiping the seven points of the body that are usually placed on the
floor during prayer (mawadhi’ as-sujoud) with pounded camphor that still
has its smell. The camphor used should also be ownerless, not usurped,
tahir, and not najis, [even though it will not necessary lead to
rendering the dead body najis]. It is preferable that the wiping is done
with the palm of the hand, starting from the forehead.
* What about the order of the rest of the seven points?
- No particular order is necessary.
* How should you go about shrouding the body?
- It is obligatory that the dead body be shrouded with three pieces:
1. The loin cloth [that should cover the area of the body between the
umbilicus and the knees]
2. The shirt [which should cover the area of the body between the
shoulders and the middle of legs].
3. The covering cloth, that should cover the whole body [and should be
long enough so that you can tie it at both ends].
* And widthwise?
- It should be wide enough [to wrap the entire body and overlap].
* Are there any other conditions regarding these pieces of cloth that
should be met?
- Yes, in total they should be sufficient to cover the entirety of the
corpse. It should not be maghsoub, not made of pure silk, [not gilded,
and not made of furs of animals whose meat is not fit for human
consumption], and not najis; in an emergency, however, apart from cloth
that is maghsoub, shrouding with the rest becomes permissible.
* If, for any reason, shrouding with three pieces becomes
impossible?
- Shrouding the body with any piece available would suffice.
* Once ghusl, embalming, and shrouding is done, what next?
- Performing the special prayer for the dead is obligatory, even if
the dead person is a child, who could not understand what prayer is,
e.g. a six-year old.
* How is prayer conducted?
- Prayer for the soul of the dead is different from the daily prayer
that is usually done, both in form and content. It consists of five
takbirat (the utterance of “Allahu Akbar”, Allah is Great); it involves
no recitation from the Holy Qur’an, no bowing, no prostration, no
tashahhud (the middle of a prayer, said sitting, where testament of the
unity of God and the prophethood of Mohammad is uttered), and no tasleem
(the concluding part, of a prayer, said sitting, where saluting the
Prophet, oneself and the good servants of the Creator, and the two
angels takes place). Basically, the person who leads the prayer and
those taking part in it invoke mercy for the dead person after the first
takbirah. As for the rest four takbirat, you could offer a number of
supplications, praying for peace to be with the Prophet and his Pure
Progeny, praying for the well-being of the faithful, and praising God
Almighty.
* Could you give me a brief account of it?
- After uttering the inaugural takbira, you should bear witness to
the unity of Allah and the prophethood of Mohammad. On reciting the
second takbira, you may say, “Allahumma Salli Ala Mohammadin Wa Aali
Mohammad”, meaning, May Allah’s peace be with Mohammad and his Pure
Progeny. After the utterance of the third takbira, you may invoke
forgiveness for the believers. After the fourth takbira, you may pray
for mercy and forgiveness for the dead person. Upon uttering the fifth
takbira, this special prayer ends.
* Are there any other important matters one should take account of
when performing this special prayer?
- Yes, the following are the salient points:
1. There must be niyyah (intention - to designate the prayer one is
performing, or any other act of worship, and that the sole purpose of
the act is to seek nearness to Allah). In this case, the name of the
deceased must be specified.
2. Performing the prayer in a standing position so long as one
possibly can.
3. The prayer must be performed after the dead body has been washed,
embalmed, and shrouded.
4. On performing the prayer, one should face the qibla, if one is free
to do so.
5. The dead body should be lying in front of the person who is
conducting the prayer.
6. The head of the dead person should be on the right hand side of the
person conducting the prayer and his legs to his left.
7. The dead body should rest on its back.
8. There must be no barrier between the dead body and the person
conducting the prayer, such as a screen or a wall. There is no harm,
however, if the body is in a coffin, or shielded by another dead body.
9. There must not be a great distance between the station of the
person conducting the prayer and the dead body; the same goes for the
height, i.e. one must not be much higher than the other. However, there
is no harm in separation, if the rows of those saying the prayer were
solid, or if there was one prayer for more than one soul.
10. Permission must be obtained from the next of kin of the deceased
to say the prayer.
11. There should be no break between the takbirat, the supplications
and remembrance.
* I have noticed that you did not mention that those who offer the
prayer should be in wudhu, ghusl, or tayamum. Is there any reason for
that?
- Tahara is not obligatory on the people who are conducting the
prayer.
* After the prayer has been performed, what next?
- The corpse must be buried, provided that:
1. The burial be so secured that carnivorous animals, should they be
present, would not encroach upon the sanctity of the body.
2. The burial ensures no spread of bad smell, from the body, that
might be a source of discomfort to other people.
Upon entombing the corpse, it should be placed on its right hand side,
ensuring that the face should be set in the direction of the qibla.
* Are there any conditions that should be taken into consideration
insofar as the place of burial is concerned?
- Yes,
1. The plot of land must be ownerless, not maghsoub; not reserved by
way of endowment to any private quarter, such as schools and
Hussainyyas. Due care should be accorded to the upkeep of the place or
adjacent buildings, [even if it does not pose any damage or hindrance
to the place].
2. Extra care must be accorded to the sanctity of the corpse, in that,
places, such as rubbish tips should be avoided as places for burial.
3. The corpse of a Muslim must not be buried in the graveyards of the
infidels.
* And after burial?
- It has been related from the Messenger (s.a.w.) that, “Nothing more
difficult shall befall the dead than the first night. So have mercy
over your dead by way of almsgiving. Should you not afford it, you may
perform a two-raka’a (the bowing act) prayer for their souls. In the
first raka’a, you may read after the Chapter of al-Fatiha, the verse of
al-Kursi (The Throne). In the second, after al-Fatiha, you may recite
the Chapter of al-Qadr ten times. On concluding the prayer, you may
say, “Allahumma Salli Ala Mohammadin Wa Aal Mohammad”, and, “Oh Allah,
please accept this on behalf of the dead person, i.e be naming them.
* In a previous dialogue, you mentioned a special ghusl you called,
“ghusl of touching a dead body”. Could you tell me more about it?
- Yes, ghusl is obligatory on anyone who comes into contact with a
dead body, which has lost its heat and before it is washed, irrespective
of whether it belongs to a Muslim or an unbeliever.
* Is ghusl called for, if the body is wet?
- Irrespective of whether it is wet or dry, and no matter whether
touching the corpse is done at will or accidental.
* What should the person who came into contact with a corpse do?
- They should do the following:
1. Perform ghusl before embarking on prayer, for example.
2. It is haraam for a person in a state of uncleanness to touch the
writing of the Holy Qur’an, or do other things that are forbidden to a
person in a state of janabah.
There are also other matters that follow on from a death of a person
that you need to know about.
- When a husband dies, his wife should observe a waiting period,
irrespective of the age of the wife, and whether or not the marriage was
consummated. A non-pregnant wife should wait four months and ten days.
If she is adult and sane, she should, during the waiting period, abandon
wearing make-up, perfume, and glamorous clothes, for it is haraam.
However, she has the right to bathing, putting on clean clothes, and
going out, especially, if she has something to attend to or an act of
worship to perform, and, of course, in an emergency.
* You mentioned a woman who is pregnant. Is this a special case?
- The ruling on a widowed pregnant woman is that she must observe a
waiting period for the rest of her pregnancy. If after she has given
birth, the total period that has elapsed since her husband died was four
months and ten days, her waiting period should end. If not, she should
wait for the remaining period that completes the four months and ten
days.