Sunday, 7 September 2014

Bahaar-e-Shariat Volume 4 Blog Page 59

Chapter 16: The Shaheed (Martyr)

* Verses of the Qur’an
* Ahadith
* Who else receives the Thawaab of a Shaheed
* Laws of Jurisprudence

Allah Almighty says

وَلَا تَقُوۡلُوۡا لِمَنْ یُّقْتَلُ فِیۡ سَبِیۡلِ اللہِ اَمْوَاتٌ ؕ بَلْ اَحْیَاللہءٌ وَّلٰکِنۡ لَّا تَشْعُرُوۡنَ ﴿۱۵۴﴾
And Say not those who have been slain in the way of Allah to be dead, but they are alive, and you cannot understand (their lives)

And Allah says
وَلَا تَحْسَبَنَّ الَّذِیۡنَ قُتِلُوۡا فِیۡ سَبِیۡلِ اللہِ اَمْوَاتًا ؕ بَلْ اَحْیَاللہءٌ عِنۡدَ رَبِّہِمْ یُرْزَقُوۡنَ ﴿۱۶۹﴾ۙفَرِحِیۡنَ بِمَاللہ اٰتٰىہُمُ اللہُ مِنۡ فَضْلِہٖ ۙ وَیَسْتَبْشِرُوۡنَ بِالَّذِیۡنَ لَمْ یَلْحَقُوۡا بِہِمۡ مِّنْ خَلْفِہِمْ ۙ اَ لَّا خَوْفٌ عَلَیۡہِمْ وَلَا ہُمْ یَحْزَنُوۡنَ ﴿۱۷۰﴾ۘیَسْتَبْشِرُوۡنَ بِنِعْمَۃٍ مِّنَ اللہِ وَفَضْلٍ ۙ وَّاَنَّ اللہَ لَا یُضِیۡعُ اَجْرَ الْمُؤْمِنِیۡنَ ﴿۱۷۱﴾ۚ
Do not even think those who have been slain in the way of Allah to be dead, but they are alive by their Rub; they are given sustenance. Whatever Allah has bestowed upon them by His Grace, they are pleased with it, and for those who have not met them as yet, they wish glad tidings for them, and they have neither fear nor any grief. They wish for glad-tidings of Allah’s Divine Bounty and Grace, and that Allah does not allow the reward of the Muslims go be wasted. [Surah Aale Imran, Verses 169-171]

There are numerous excellences of the Shaheed which have been mentioned in the Ahadith. Shahaadat (martyrdom) does not merely refer to being slain in Jihad, but in one Hadith the following has been mentioned:

Hadith 1: With the exception of this (i.e. being martyred in the way of Allah), there are 7 Shahaadats:
1. One who dies due to plague is a Shaheed (martyr).
2. One who dies from drowning is a Shaheed.
3. One who dies in Zaat ul Janb (i.e. Pleurisy) is a Shaheed.
4. One who dies from an illness of the stomach is a Shaheed.
5. One who dies from burning is a Shaheed.
6. One who dies when a wall etc. falls on him is a Shaheed.
7. A female who dies at childbirth or a woman who dies a maiden (i.e. unmarried and pure) is a Shaheed. This Hadith has been reported by Imam Malik, Abu Dawud and NasaI from Jabir bin Ateek رضی اﷲ تعالیٰ عنہ

Hadith 2: Imam Ahmed reports from Jabir رضی اﷲ تعالیٰ عنہ that Rasoolullah  صلی اللہ تعالی علیہ وسلم said, One who flees the plague is like one who flees from Jihad, and one who remains patient, attains the reward of a Shaheed (martyr).

Hadith 3: Ahmed and Nasai report from Irbaaz bin Saariya رضی اﷲ تعالیٰ عنہ that Rasoolullah صلی اللہ تعالی علیہ وسلم  said, A case will be presented in the Court of Almighty Allah, with regards to those who die from plague. The Shuhada (martyrs) will say, they are our brothers and they were slain just as we were, and those who passed away on their beds will say, they are our brothers as they passed away on their beds (i.e. naturally). Almighty Allah will say, observe their wounds; if their wounds are like those who were slain, then they are from amongst them, and they are with them. When it will be observed, it will be seen that their wounds are like those of the Martyrs, and they shall be included amongst the Shuhada.

Hadith 4: Ibn Majah reports from Ibn Abbas رضی اﷲ تعالیٰ عنہ that he  صلی اللہ تعالی علیہ وسلم said, Death on a journey is Shahaadat. With the exception of these, there are also many other situations where one receives the reward of Shahaadat. Imam Jalaaluddeen Suyuti رضی اﷲ تعالیٰ عنہ and other Aima etc. have mentioned them, and some of these are as follows:
1. One who died due to pulmonary tuberculosis.
2. One who fell off his conveyance (horse etc.) and died.
3. One who died whilst in fever.
4. One who died trying to save his wealth.
5. One who died trying to save his life.
6. One who died trying to save his family.
7. One who died trying to protect the Right of someone.
8. One who fell in love and died in his effort to suppress his love and protect his chastity.
9. One who died after being torn apart and eaten by a wild animal.
10. One who died after being unjustly imprisoned by the King (ruler).
11. One who was beaten and then died.
12. One who died after being bitten by a harmful animal.
13. One who died in the quest for Knowledge of Deen.
14. A Muazzin who gives Azan purely for attaining Thawaab.
15. An honest trader.
16. One who was inflicted with nausea and vomiting whilst travelling by sea.
17. One who died while trading according to Shariah and whilst striving to earn for the sake of his children and family, so that he may instil in them what Allah commands and so he may feed them Halaal.
18. One who reads this 25 times daily اَللّٰھُمَّ بِارِکْ لِیْ فِی الْمَوْتِ وَفِیْمَا بَعْدَ الْمَوْتِ
19. One who performs Chasht Namaaz and keeps 3 fast every month, and never leaves out his Witr when a resident or when on journey.
20. One who acts upon the Sunnah when there is corruption in the Ummah will receive the reward of 100 Shaheeds.
21. One who recites 40 (forty) times during his illness this litany لَا اِلٰہَ اِلَّا اَنْتَ سُبْحَانَکَ اِنِّیْ کُـنْتُ مِنَ الظَّالِمِیْنَ and then dies in the same illness, and if he recovers, he will be forgiven.
22. One who ties his horse on the boundary to fight against the unbelievers.
23. One who recites Surah Yaseen every night.
24. One who slept with Tahaarat and then passed away.
25. One who recites 100 Durood Shareef upon Nabi صلی اللہ تعالی علیہ وسلم 
26. One who asks with a true heart, that he should be martyred in the way of Allah.
27. One who dies on a Friday.
28. One who reads in the morning thrice اَعُوْذُ بِاللہِ السَّمِیْعِ الْعَلِیْمِ مِنَ الشَّیْطٰنِ الرَّجِیْمِ  and then reads the last 3 verses of Surah Hashr[1], Allah Taaala will appoint seventy thousand (70 000) to him, who will make Istighfar for him until the evening, and if he dies in that day, he did as a Shaheed; and if he recites this in the morning, then he attains the same till morning.


Laws of Jurisprudence

Law: In the Terminology of Fiqh (Jurisprudence), a Shaheed refers to that Muslim, sane, Baaligh, pure who was slain by some weapon of aggression, and his slaying does cause blood money to become due (compulsory initially), and he did not benefit in any way from some materialistic thing (after injury). The ruling with regards to a Shaheed is that he should not be given Ghusl (the usual ritual bath given to a deceased), but he should be buried with the blood on him. [Durr-e-Mukhtar vol.1 pg. 848/849] Thus, wherever this rule is found, the Fuqaha (jurists) will regard such a person a Shaheed, otherwise not. However, by not being classified as a Shaheed Faqhi does not necessarily mean that he will not attain the reward of a Shaheed. It only means that such a person will be given the Ghusl and that is it.
Law: A na-Baaligh and Majnun (insane person) will be given Ghusl no matter in whichever way they have been killed. A female who is in an impure state or one who is in Nifaas even if she is still in Haidh or Nifaas; or even if it has ended but she has not had her Ghusl; then in all these cases Ghusl will be given. [Raddul Muhtar vol.1 pg.848]
Law: If a full 3 days have not passed since (a female) started menstruating and she was then slain, then in this case, Ghusl will not be given as it cannot be said that she is Haaidh, (i.e. menstruating). [Durr-e-Mukhtar vol.1 pg.848]
Law: He will be regarded as Junub (one in need of the compulsory bath for purification) if he mentioned this before he was slain, or if his wife mentions that he was. [Jauhira]
Law: A weapon of aggression is a weapon that if a person is slain by it, it causes Qisaas to become Waajib; In other words a weapon which can severe the limb; such as a sword. A gun is also known as a weapon of aggression. [Raddul Muhtar vol.1 pg.849]
Law: When Qisaas (Equality in punishment) is not Waajib on the killer based on the nature of the slaying, but instead blood money becomes due, then he must be given Ghusl. For example, if he was killed with a stick, or he was killed by error such as if he was aiming at a target and it missed and someone else is struck and killed by it, or if someone slept with an unsheathed sword and whilst asleep if that sword fell on someone killing him; or if a person is found slain in a town or village or in its vicinity and his executioner is not known, then in all these cases Ghusl will be given. If the one who has been slain is found in a city etc. and it is known that he was killed by thieves, no matter if he was killed with some weapon or some other thing, he should not be given Ghusl, even though it is not known which thieve killed him. Similarly, if he was found in a jungle and it is not known who killed him, Ghusl will not be given. Similarly, if he was killed by bandits he will not be given Ghusl; no matter if he was killed by a weapon or with something else. [Raddul Muhtar vol.1 pg.849]
Law: If the nature of the slaying does not cause the blood money to become due (compulsory), but the blood money became due through some external reason, for example if there has been an agreement between the killer and the Guardians of the slain, or if the father killed the son, or if he killed such a person whose heir is his son, for example if he killed his wife and the wifes heir is the son who is from the same husband, then it is this son who will be the holder of the Qisaas, but because his father is the killer, the Qisaas has become void, so in such cases Ghusl will not be given. [Raddul Muhtar vol.1 pg.849]
Law: If he was not killed in aggression, but he was killed on the basis of Qisaas or on the basis of Tazir (Discretionary Punishment), or if he was killed by a wild animal, (then in all these cases) he will be given Ghusl. [Durr-e-Mukhtar vol.1 pg.849]
Law: If a person was wounded but thereafter he gained benefit from some worldly thing, in other words he ate, drank or slept or was treated, even if these were done minimally; or if he remained in a tent (or camp), in other words where he was wounded; or if he passed through one complete time period of Namaaz in a conscious state, on condition that he was able to perform his Namaaz; or if he got up from there and went elsewhere; or if he was carried by the people (troops) from the battlefield and moved elsewhere no matter if he reached their alive or passed away on the way; or if he advised regarding some worldly issue; or if he did some trading (business); or if he bought something; or if he spoke for a long time; then in all these cases Ghusl will be given to him on condition that all this happened after the Jihad (Battle) had ended; and if these things happened during the battle, then they are not factors which negate Shahaadat, meaning that Ghusl will not be given; and if his Wasiyah (advise) was regarding the Aakhira (Hereafter) or if he said one or two words and even if this was after the battle, he is regarded a Shaheed and Ghusl will not be given to him; and if he was not killed in a battle but was killed due to aggression (Zulm), then if any of the above mentioned (negating) factors are found, he will be given Ghusl, otherwise there is no Ghusl. [Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.851/852]
Law: One who was killed using a weapon by a Harbi or by a rebel (traitor) or by bandits; or if he was trampled on by the hooves of their animals; or if they bit him with their teeth; or if they startled his conveyance (horse etc.) causing him to fall off and die; or if they threw fire at him; or if the wind carried fire from their side towards him; or if they torched a stick and the one end of it was on that side, and if in these situations he was burnt to death; or he was found dead on the battlefield and the wounds are visible on him, for example blood has oozed from his eye or ear, or clear blood came out of his throat; or if they threw him from the city walls (fortifications); or if they brought down a wall on him; or if he drowned in water, or if the water was blocked and they let it out allowing it to gush towards him, causing him to drown in it; or if they strangled him; in brief no matter whichever way they kill a Muslim, or if they become the means to him being killed, he is regarded as a Shaheed. [Alamgiri vol.1 pg.167/168; Durr-e-Mukhtar vol.1 pg.850/851]
Law: If he was found dead on the battlefield, and there are no signs that he was slain, or if blood came out of his nose or from his rear private part, or if congealed blood came out of his throat, or if he died out of fear of the enemy, (then in all these cases) he will be given Ghusl. [Durr-e-Mukhtar vol.1 pg.850/851]
Law: If he fought to protect his own life or wealth or to protect another Muslim and he was killed in doing so, he is regarded as a Shaheed, even if he was killed when attacked with some kind of metal (object), a rock, a stick or any other thing. [Alamgiri vol.1 pg.168]
Law: If the Muslims were in two ships and the unbelievers launched fire (fireballs) at one ship and those inside it burnt and that fire spread to the other ship and those in it also burnt, then those in the second ship are also Shaheed. [Alamgiri]
Law: If the horse of a mushrik (polytheist) became loose without a rider on it, and it ran over a Muslim trampling him; or if a Muslim fired an arrow towards an unbeliever and it struck a Muslim; or if the horse of a Muslim was startled by the horse of an unbeliever and it jumped causing the Muslim to fall off; or (Allah forbid) if the Muslims fled and the unbelievers drew them towards a trench or towards fire; or if the Muslims laid caltrop (kind of trap) around them and they then walked over it and died (due to this), then in all these cases Ghusl will be given. [Alamgiri vol.1 pg. 168]
Law: If during a battle the horse of a Muslim was startled or if it saw the flag of the unbelievers and took flight, but the unbelievers did not startle it, but it dropped the rider who died; or if the unbelievers were under siege in their fortress and the Muslims tried to climb up the city walls and someone died when he slipped and fell of the wall; or (Allah forbid) the Muslims were defeated and the horse of one Muslim trampled another Muslim, no matter if he was riding it or of he was holding the reins leading it away, or if he was urging it forward from behind; or if he attacked the enemy and fell of the horse and died, then in all these cases Ghusl will be given. [Alamgiri vol.1 pg.148]
Law: If both sides confronted one another but the actual battle did not occur, but one person was found dead, then until such time that it is not established that he was killed by a weapon of aggression on grounds of aggression, he will be given Ghusl. [Alamgiri vol.1 pg.168]
Law: Those things on the body of a Shaheed which are not from the category of Kafan (shroud) should be removed, for example; fur or leather coat, armour helmet, weapons and woollen clothing. If there is some shortage in the Masnun Kafan then it should be added. His lower garment (trouser) should not be removed, and if there is shortage and there is nothing to cover with, then the fur coat and woollen clothes should not be removed. It is Makruh to remove all the clothing of a Shaheed and dress him in new clothes. [Alamgiri vol.1 pg.168; Raddul Muhtar vol.1 pg.851]
Law: Just as fragrance is applied to other deceased, it should also be applied to the Shaheed. The blood of the Shaheed should not be washed away. He should be buried with the blood. If the clothing is polluted by any impurity (Najaasat) it should be washed away. [Alamgiri vol.1 pg.168]
Law: The Janaazah Namaaz of a Shaheed will be performed. [General Books of Fiqh; Shaami vol.1 pg.851]
Law: If one attacked the enemy but he was not hit, but rather it rebounded on him and he died, then IndAllah (by Allah) he is regarded a Shaheed, but he should be given Ghusl and his Namaaz should be performed. [Jauhira]



[1] 1. These are the last 3 Ayats of Surah Hashr:
ہُوَ اللہُ الَّذِیۡ لَاۤ اِلٰہَ اِلَّا ہُوَۚ عٰلِمُ الْغَیۡبِ وَ الشَّہٰدَۃِۚ ہُوَ الرَّحْمٰنُ الرَّحِیۡمُ ﴿۲۲﴾ ہُوَ اللہُ الَّذِیۡ لَاۤ اِلٰہَ اِلَّا ہُوَۚ اَلْمَلِکُ الْقُدُّوۡسُ السَّلٰمُ الْمُؤْمِنُ الْمُہَیۡمِنُ الْعَزِیۡزُ الْجَبَّارُ الْمُتَکَبِّرُؕ سُبْحٰنَ اللہِ عَمَّا یُشْرِکُوۡنَ ﴿۲۳﴾ ہُوَ اللہُ الْخٰلِقُ الْبَارِئُ الْمُصَوِّرُ لَہُ الْاَسْمَآءُ الْحُسْنٰیؕ یُسَبِّحُ لَہٗ مَا فِی السَّمٰوٰتِ وَ الْاَرْضِۚ وَ ہُوَ الْعَزِیۡزُ الْحَکِیۡمُ ﴿٪۲۴﴾
 

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