Sunday, 7 September 2014

Bahaar-e-Shariat Volume 4 Blog Page 45

The Ghusl
Bathing the Deceased

Law: To bathe the deceased is Fard-e-Kifaayah. If a few people have given the Ghusl (ritual bath), the duty of all has been discharged. [Alamgiri vol.1, pg.158]
Law: The method of bathing the deceased is as follows:
1. Go around the bathing board or table (Ghusl Tray) 3, 5 or seven times, in other words turn the utensil in which you have burnt the fragranced incense, 3, 5 or seven times around the bathing board.
2. Place the Mayyit (deceased) on this bathing board and cover the deceased form navel to knee with a cloth
3. The person bathing the deceased should then wrap a cloth on his hands and perform the Istinja (i.e. clean the private areas)
4. Thereafter perform Wudu like is done in Namaaz, in other words, wash the face, then both hands upto the elbows, then make Masah of the head, and then wash both feet. However, the Wudu for the Mayyit does not include first washing the hands upto the wrists, rinsing the mouth and putting water into the nose.
5. However, one may use either a piece of cloth or a moist flock of cotton wool. This should be used to wipe over the teeth, gums, lips and nostrils.
6. If the person has hair on the head or a beard, it should be washed with Gul e Khaira (althea). If one does not have this, one should use Paak (pure) soap made by a Muslim company, if not use Farina (cream of wheat) or some other thing. If none of this is available only the use of water is sufficient.
7. Then lay the Mayyit on its left side and pour water which has been boiled with jujube leaves (Beyri) from the head to the feet, so that the water reaches the bathing board.
8. Then lay the Mayyit on its right and do the same. If one does not have water which was boiled with jujube leaves, then just lukewarm water is sufficient.
9. Whilst giving support to the Mayyit bring it into a sitting position, and gently run the hand on the stomach downwards. If anything is excreted, wash it away. There is no need to repeat the Wudu and Ghusl after this.
10. Finally pour camphor water over the entire body from head to toe
11. Thereafter, gently wipe the body with a Paak (pure) cloth (i.e. towel etc.). [Durr-e-Mukhtar vol.1, pg.800/802; Alamgiri vol.1, pg.158]
Law: It is Fard to pour water over the entire body once. To do so thrice is Sunnat. It is Sunnat to cover the area where the Ghusl is being given, so that none other except the ones giving Ghusl and their helpers are able to see. During Ghusl you may lay the Mayyit down like one does in the grave or in a manner where the feet face the Qibla or whichever way is easier. [Alamgiri vol.1, pg.158]
Law: The person who is giving the Ghusl should be in a state of Tahaarat (pure state). It is disliked if a Junub (one in need of compulsory bath), or a menstruating female gives Ghusl, but the Ghusl will be discharged. If one bathes the deceased without Wudu, then there is also no objection. It is best for the one giving Ghusl to be the close relative of the deceased. If this is not possible or if he does not know how to bathe the deceased, then someone who is trustworthy and pious should give the Ghusl. [Alamgiri vol.1, pg.159]
Law: The one giving the Ghusl should be a reliable person, who will give the Ghusl properly, and if he sees any good sign, such as if he sees a glow on the face of the deceased or if he notices a fragrance emanating from the body, then he should mention this to the people, and if he sees something which is not good, such as if he sees that the face has become black (dark), or notices a bad odour emanating from the body, then he should not say this to anyone. To say such things is also impermissible, as it has been mentioned in the Hadith Shareef, ‘Discuss the goodness of your deceased and abstain from speaking about his weaknesses’. [Alamgiri vol.1, pg.159]
Law: If any budmazhab (deviant) dies and his colour becomes dark (black), and if any bad thing is noticed, then this should be exposed, so that people may learn a lesson from this. [Alamgiri vol.1 pg.159]
Law: It is Mustahab to burn some fragranced incense where the person is giving Ghusl, so that if any odour emanates from the body, he is not affected by it, otherwise he may become uneasy. He should also only look at the body of the deceased as per necessity. He should not look towards any part of the body without need, because it is possible that he had some defect on his body which he used to hide. [Jauhira, Alamgiri vol.1 pg.159]
Law: If there are others there (in the vicinity) who also give Ghusl; he is permitted to take a payment for giving the Ghusl. It is however more blessed for him not to take such payment. If there is no one else there who is able to give Ghusl, then for him to charge for this is impermissible. [Alamgiri vo.1 pg.159; Durr-e-Mukhtar vol.1 pg.804]
Law: If a Junub or a female in Haidh or Nifaas passes away, then just one Ghusl is sufficient, because no matter how many reasons there may be for taking Ghusl, all will be discharged in one Ghusl. [Durr-e-Mukhtar]
Note: A junub is one in an impure state, requiring the compulsory ritual bath to remove impurities.
Law: A male should give Ghusl to a male and a female to a female. If the deceased is a little boy, then he too can be given Ghusl by a female, and a little girl can also be given Ghusl by a male. Little means that they have not reached the age of desire (puberty). [Alamgiri vol.1 pg.160]
Law: A male whose male organ or testicles have been cut off is a male, in other words men only should give him Ghusl, or his wife may do so. [Alamgiri vol.1 pg.160]
Law: A female may give her husband Ghusl, on condition that before death or after death, no such situation arises which causes her to come out of his Nikah; in other words if she touched or kissed her husband’s father or son with lust, or (Allah Forbid) if she became a Murtad (apostate), even though this happened before Ghusl and thereafter she became Muslim again, due to these reason the Nikah is invalidated, thus she is regarded as a stranger and cannot give Ghusl (to him). [Alamgiri vol.1 pg.160]
Law: If the deceased gave his wife Talaaq e Raj’i and she was still in Iddat and he passed away, then she is permitted to give him Ghusl, but if he had given her the Baa’in Talaaq then even though she is in Iddat, she is cannot give him Ghusl. [Alamgiri vol.1 pg.160; Durr-e-Mukhtar vol.1 pg.804]
Law: An Umme Walad (a female slave who gave birth to a child accepted by her master as his offspring) or Mudabirah (Mudabirah refers to female slave released by her master, whereby he declares that she should only be free after his death) or Mukaatibah (Mukaatibah refers to a female slave who is under bond with her master to pay for her freedom in instalments), or an ordinary handmaid (Baandi) is not allowed to give Ghusl to her master, as now she is regarded as being out of his ownership. Similarly, if she dies, the master cannot give her Ghusl. [Durr-e-Mukhtar vol.1 pg.804]
Law: If a female dies, neither can her husband give her Ghusl, nor can he touch her (body directly). He is not forbidden from looking at her. [Durr-e-Mukhtar vol.1 pg.806]
It is common amongst the general public (laymen) that a husband cannot carry the Janaazah of his wife, neither can he lower her into her grave or see her face. This is simply incorrect. He is only not allowed to bathe her and to touch her body without anything inbetween (like a cloth etc).
Law: If a female passed away and there is no other female present there who can bathe her, then in that case Tayammum must be done, and if the one doing the Tayammum is a Mahram, he should make Tayammum with his hands, and if it is a strange male even though it may be the husband, then he should wrap a cloth on his hand and then strike his hand on something which is from the substance of the earth and then make the Tayammum. If it is any other male except the husband, then he should not even look towards her wrists and if it is the husband then this does not apply to him. In this case the ruling in regards to a young or old woman is the same. [Durr-e-Mukhtar vol.1 pg.806; Alamgiri vol.1 pg.160]
Law: If a male passed away, and there is neither any other male present there, nor his wife, then in such a case, any other female who is present there should make his Tayammum, and if the female that is there is a Mahram to him or his handmaid (Baandi), then there is no need to wrap a cloth on the hands; however, if she is a strange female, then she should wrap a cloth and then perform the Tayammum. [Alamgiri vol.1 pg.160]
Law: If a male is on a journey and he dies and in his company are females and an unbelieving (kaafir) male. In other words there is no Muslim male present amongst them; in such a case the females should explain to him the manner of performing the bath so that he may do it. If there are even no males with ability to do Ghusl but there is a small female, who has the ability to do the Ghusl, then these females should explain the method to her so that she may do the Ghusl. Similarly, if a female passes away and there is no Muslim female present and a non-Muslim female (and Muslim male) is present, then in this case the males should explain to the non- Muslim female how to do the Ghusl, which she should do; and if a small boy is present who will be able to do the Ghusl, then it should be explained to him how to do the Ghusl. [Alamgiri vol.1 pg.160]
Law: If a person passed away in such a place where water cannot be located, then Tayammum should be performed, and the Namaaz should be performed. If water is found after Namaaz but before the burial, then perform the Ghusl and repeat the Namaaz. [Alamgiri vol.1 pg.160; Durr-e-Mukhtar vol.1 pg.806]
Law: If a Khunsa Mushkil dies, then neither a male nor a female can give the Ghusl, but rather Tayammum will be performed. If the one performing the Tayammum is a stranger then he will wrap a cloth on the hands and do the Tayammum, and he won’t look at the wrists. Similarly, a Khunsa Mushkil cannot give Ghusl to any male or female. [Alamgiri vol.1 pg.160] If the Khunsa Mushkil is a little child, then a male or female can do the Ghusl, and vice versa.
Note: Khunsa Mushkil refers to one who is hermaphrodite, i.e. bearing both male and female genatalia, and whose sex cannot be clearly determined.
Law: If a Muslim passed away and his father is an unbeliever, then Muslims should bathe him. He should not be given in to the control of his father. If an unbeliever became a Muslim and his wife is an unbeliever (kaafira), then if she is Kitaabiya (Person of the Book), then she is permitted to bathe him, but this should not be done as a last resort as it is not preferred. If she is a Majoosi or an idol worshipper, and after his death she accepts Islam, then she may bathe him, on the condition that she is still in his Nikah, otherwise she cannot bathe him. The case of her still being in his Nikah is this, that if she is in a Proper Muslim State (Sultanat e Islami) then the Haakim e Islam (Righteous Muslim Ruler) may invite her towards Islam, then if she accepts, then well and good, otherwise she will immediately be out of his Nikah; and if she is not in a Sultanat e Islami then after the death of the Muslim husband, she will wait for the women to complete three menstrual cycles. If she becomes Muslim within that duration, then well and good, otherwise she will be out of his Nikah. In both cases, if she thereafter becomes Muslim, she cannot give Ghusl.
Note: The Jews and Christians of today cannot be regarded as Kitaabi (People of the book). For more detail peruse Bahaar e Shariat Volume 2 footnotes. [Further ref. Durr-e-Mukhtar]
Law: For the Ghusl to be regarded as complete for a Mayyit and for Namaaz to be correct on that Mayyit, Niyyat (Intention) and the actual (action of washing) is not a condition, meaning that even if the deceased had to fall into water, or if it rained on him to the extent that water passed over the entire body, the Ghusl will be regarded as being complete. As for the responsibility of giving Ghusl to the deceased which is Waajib (compulsory) upon the living, they will only be discharged of their responsibility, if they (actually) bathe the deceased. Hence, if a deceased is found in water, then he should be moved in the water thrice so that the Masnun Ghusl (Ritual Bath) is fulfilled. If the deceased was moved once in the water, then the Waajib will be fulfilled, but the demand of the Sunnat will still be there. If they give the Ghusl without the Niyyat (intention), then the Ghusl will be valid but they will not receive the Thawaab (reward) for giving the Ghusl. For example, if one gave Ghusl to the Mayyit with the Niyyat of teaching someone (how to give Ghusl), the Waajib will be discharged but he will not receive Thawaab for Ghusl of the Mayyit. Also for the Ghusl to be discharged it is not necessary for the one giving the Ghusl to be Mukal’laf or Ahl e Niyyat (i.e. one who is able to make Niyyat), thus if a na-Baaligh or kaafir (unbeliever) performed the bath, the Ghusl has been discharged. Similarly, if a strange female gave Ghusl to a male or a male to a female, the Ghusl will be done, even though for them to give the Ghusl is not permissible. [Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.805/805]
Law: If more than half the torso (body) of a Muslim is found then Ghusl and Kafan must be done, and the Janaazah Namaaz will be performed as well, and if the remaining part of the torso is found after the Namaaz, then Namaaz will not be performed over that again. If only half the torso has been found and it also has the head on it, then too the ruling is the same. If the headless torso is found, or if only the right or left of the torso height-wise is found from head to toe, then in both these cases, there is neither Ghusl nor Kafan (shroud), and there will also be no Janaazah Namaaz. The torso will be wrapped in one cloth and buried. [Alamgiri vol.1 pg.159; Durr-e-Mukhtar vol.1 pg.804]
Law: If a person is found dead and it cannot be ascertained whether it is a Muslim of non-Muslim, then in the case his dress and appearance is like that of a Muslim or if there is any signs that prove him to be a Muslim, or if he was found in a (predominant) Muslim locality, then he should be given Ghusl and (Janaazah) Namaaz should be performed, if not it should not be. [Alamgiri vol.1 pg.159]
Law: If Muslims deceased bodies are mixed amongst the bodies of non-Muslims, then if they can be recognised by signs such as khatna (circumcision) etc., they should be separated and Ghusl and Kafan should be given and Namaaz performed over them. If it is not possible to differentiate between them then Ghusl should be given but in Namaaz Niyyat should be made for Dua only Muslims and if the number of Muslims is more amongst them (i.e. more than number of non-Muslims with whom they were mixed), then they should be buried in the Muslim cemetery, otherwise they should be buried separate (from the Muslim cemetery). [Durr-e-Mukhtar vol.1 pg.805]
Law: There is no Ghusl (Bathing) or Kafan (Shrouding) or Dafan (Burial) for the deceased who is an unbeliever. He should be wrapped in an ordinary cloth and put into a narrow hole (trench). This will only be done if there are no representatives of his religion available, or they do not wish to take him. (In normal circumstances) Muslims should not touch the body or even partake in his funeral and if they to go participate due to him being a close relation then one should do so from a distance (do not go near); and if only Muslims are his relatives and there are none of his religion there, or if they have not taken him, then because of him being a relative, they bathe and shroud him, then this is permissible. However, this should not be done in the Sunnat manner at all, but it should be done in a manner where water is passed over to remove impurities. He should then be wrapped in an ordinary cloth and put into a narrow hole. This ruling is for a kaafir Asli (i.e. a proper unbeliever). As for a Murtad (apostate) the ruling is absolute, that he should not be given any Ghusl or Kafan at all, but he should be thrown pushed into a narrow hole like a dog, and he should be covered with sand without anything being placed between him and the sand. [Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.833]
 

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