Sunday, 7 September 2014

Bahaar-e-Shariat Volume 4 Blog Page 47

The Kafan
(Shrouding the Deceased)

Law: To shroud (give Kafan) to the deceased is Fard-e-Kifaayah.
There are three categories of Kafan:
1. Zaroorat - Necessary
2. Kifaayat – Sufficient
3. Sunnat - Sunnat
For a deceased (male) the Kafan is 3 pieces:
1. Lifafah – Outer Covering
2. Izaar – Inner covering
3. Qamees – Shirt-like garment
The Kafan for a deceased female is five pieces:
The Three as mentioned above
4. Orhnee – Head covering
5. Seena Band – Chest Covering/Strap
The Kifaayat Kafan for a male is two pieces
1. Lifafah
2. Izaar
The Kifaayat Kafan for a female is 3 pieces
1. Lifafah
2. Izaar
3. Orhnee
Or
1. Lifafah
2. Qamees
3. Orhnee
The Kafan Zaroorat for both is that which is available, and the minimum requirement is that which covers the entire body. [Durr-e-Mukhtar vol.1 pg.808; Alamgiri vol.1 pg.160]
Law: The Lifafah, in other words the sheet should be of a length that it should exceed the height of the Mayyit so that it can be tied on both ends. The Izaar or Tahband should be from the top of the head to the feet. In other words it should be shorter than the length (of the Lifafah) which was left for tying; and the Qamees, which is also known as the Kafni should be from the neck to below the knee (i.e. including the knees). This should be equal in length both at the front and the back. There is a practice amongst the ignorant whereby they keep the back shorter, this is not correct. It should also not have a front opening and sleeves. There is a difference in the Kafni of a male and female. The Kafni (shirt-like garment) of the male must be slit at the shoulders, and the Kafni of the female must be slit towards the chest. The ‘Orhnee’ should be three hands in length, in other words 1 ½ yards (approx. 1.4 metres). The Seena-Band (Chest covering) should be from the breasts to the navel, and for it to be upto the thigh is better. [Alamgiri vol.1 pg.160; Raddul Muhtar vol.1 pg.807/808]
Law: For the Kafan to be less than that which suffices is impermissible. [Durr-e-Mukhtar vol.1 pg.808] Some needy people have only the means for the Kafan-e-Zaroorat (i.e. just that which is necessary) and they are not able to get the Kafan-e-Sunnat (the desired Sunnat Kafan), and then they go out and beg from the people to get the Sunnat Kafan. This is not permissible, because to beg without need is not permitted. However, if the Muslims arrange (for the needy person) the Sunnat Kafan without them having to ask for it, then In Sha’ Allah they will receive complete reward. [Fatawa Razvia]
Law: If there is a difference amongst the heirs, and one is saying two pieces and the other is saying three pieces; then in this case three pieces will be given in Kafan as this is Sunnat. Another way of handling this is that if the wealth of (the deceased) is more, and the heirs are few, then he should be given the Sunnat Kafan and if the heirs are more and the wealth is less, then he should be given the Kafan-e-Kifaayat. [Jauhira etc]
Law: The Kafan should be of good quality. In other words it should be the kind of clothes that men use in Jummah and both Eids and the kind that a female wears when she used to go to visit at her mothers. It should be of that value. It has been mentioned in the Hadith, ‘Shroud the deceased in good Kafan as they meet with one another and they show off, in other words they become pleased’. White Kafan is best, because Nabi  صلی اللہ تعالی علیہ وسلم said, ‘Shroud your deceased in white clothes’. [Ghuniya; Raddul Muhtar vol.1 pg.807]
Law: Fabric which is dyed in Safflower or saffron colour or silk is disallowed for males but permissible for females. In other words that which was allowed in their lifetime is allowed for Kafan and the kind of fabric which is impermissible in one’s lifetime is impermissible for Kafan. [Alamgiri vol.1 pg.161]
Law: A Khunsa Mushkil will be given the same Kafan as a female, but for them silk and safflower and saffron coloured Kafan is not permissible. [Alamgiri vol.1 pg.160]
Law: If some made a bequest that he should be shrouded in two pieces of cloth then this will not be adhered to. He will be given three pieces. Even if he makes a bequest that he should be given Kafan worth a thousand rupees, then too it will not be adhered to. He will be given that which is of middle quality. [Raddul Muhtar vol.1 pg.807]
Law: That na-Baaligh who is already at a stage where he feels lust, he will fall under the category of a Baaligh (one who has reached age of puberty). In other words he will be given the same amount of Kafan as given to one who is Baaligh, and a boy younger that that will be only given one piece of fabric and a small girl will be given two pieces. It is however better if a boy is also shrouded in two pieces, but it best of all to shroud both of them in the full Kafan, even if it is a day old baby. [Raddul Muhtar vol.1 pg.809]
Law: One can also be shrouded in old cloth, but if it is an old cloth it should be washed (i.e. clean), because it is likeable for the Kafan to be clean (and tidy). [Jauhira]
Law: If the deceased left behind some wealth (cash etc.) then the Kafan should be from that wealth, and if he is a debtor (i.e. in debt), then the Creditor (i.e. the one whom he owes) can forbid more than the Kafan which suffices (i.e. the Kafan e Kifaayat), and if he does not forbid it, then it will be regarded as him permitting (the full Kafan). [Raddul Muhtar vol.1 pg.810] The only time the Creditor has the right to forbid is when the entire wealth (the deceased left) is absorbed in debt.
Law: Kafan is given preference over debt, bequests and inheritance; debt is given preference over a bequest; and a bequest is given preference over inheritance. [Jauhira]
Law: If the Mayyit did not leave behind any wealth (cash, property etc.) then the responsibility of the Kafan is the duty of the one who was responsible for supporting him or her in their lifetime financially.
If there is no such person on whom (the deceased’s Nafaqa) was compulsory, or if there is but not in the financial position to fulfill this, then the Kafan must be given from the Baitul Maal (Islamic Treasury) and if there is also no Baitul Maal there, like is the case in India, then it is the Fard upon the Muslims there to provide the Kafan.
If they are aware (of the death) and they did not provide the Kafan then all of them are sinful. Now, if even they do not have the means to do this, then they may go out and ask from others for that which will suffice for at least one sheet. [Jauhira vol.1 pg.118; Durr-e-Mukhtar vol.1 pg.810]
Law: Even if a female has left behind wealth, the responsibility of her Kafan is her husband’s, on condition at the time of her death there is no such circumstance prevailing whereby her Nafaqa (financial support/maintenance) is not the responsibility of the husband any longer. If a husband dies and his wife is wealthy, then too the Kafan is not Waajib upon the wife. [Alamgiri vol.1 pg.161; Durr-e-Mukhtar vol.1 pg.810]
Law: Wherever (in this discussion) we have mentioned that Kafan will become Waajib on such and such person then this refers to the Kafan-e-Shar’i. Similarly, in regards to the remaining items needed for the funeral rites (burial etc), such as fragrance (Itar), and the payment to those who give the Ghusl and to those who transport the deceased and the cost of the burial, then in all this, the Shari’ Miqdaar (i.e. the limit within the Shariah ruling) will be considered. If the other things are done from the wealth of the Mayyit and the heirs are Baaligh and all the heirs have given permission as well, then this is permissible; if not it is the responsibility on the one who is responsible for the spending. [Raddul Muhtar vol.1 pg.810]
Law: If they asked for (money) for the Kafan and after shrouding it is found that a certain amount is remaining, and one knows who had given the amount, the (remaining amount) should be returned; if not spend it for the Kafan of some other needy person. If this cannot be done, it should be given as charity. [Durr-e-Mukhtar vol.1 pg.811]
Law: If the Mayyit is at such a place where there is only one person and he has only one piece of cloth (which he is using to cover himself), then (in such a case) it is not necessary upon him to give his cloth as Kafan. [Durr-e-Mukhtar vol.1 pg.811]
Law: This is the Method of putting on the Kafan:
1. After giving the Ghusl, wipe the body of the deceased with a pure (clean) cloth (towel etc), so that the Kafan does not become wet.
2. Then fragrance the Kafan 3, 5 or seven times with the smoke from incense (or Lobaan etc). Do not exceed this amount.
3. Now spread out the Kafan (shroud) in this way: First spread out the Big Sheet (Lifafah), then the Izhaar (inner-covering) on top of it, then the Kafni (shirt-like) garment on top of that and thereafter place the deceased on top of this.
4. The Kafni should then be put on.
5. Fragrance should then be applied to the beard and entire body.
6. Camphor should be put on the spots of Sajdah, i.e. the forehead, nose, hands (palms) and feet.
7. Then wrap the Izaar first from the left side then the right.
8. Thereafter wrap the Lifafah first from the left side then from the right, so that the right side remains on top.
9. Then tie it (at either end); at the head-side and below the feet, as there is a risk of it being blown.
In regards to the Female:
10. After putting on the Kafni divide her hair into two portions and place it on chest (breast) over the Kafni.
11. And the Orhnee should be spread out from under her upper back, bringing it over the head, and placing on the face like a veil, so that it remains on the chest. Its length should be from the upper half of the back upto the chest. The width is from the lobe or one ear to the lobe of the next.
Note: Nowadays people put on the Orhnee like it is usually worn by a person during their lifetime (i.e. the general manner of how it is worn). This is baseless and Khilaaf-e-Sunnat (contrary to the Sunnat).
12. Then, the Izaar and the Lifafah must be wrapped as normal.
13. Then right at the top the Seena-band (chest strap) should be tied from above the breasts upto the thighs. [Alamgiri vol.1 pg.160/161; Durr-e-Mukhtar vol.1 pg.808]
Law: The type of fragrance which has a mixture of saffron in it should not be used on the body of a male, as it is impermissible. However, it is permissible to be used for a female. Fragrance should also be applied to the body of a person who has put on the Ihram. The deceased’s face and head should be covered with the Kafan. [Alamgiri vol.1 pg.161]
Law: If the Kafan of a deceased has been stolen and the body is still fresh, then he should be re-shrouded. If the wealth of the deceased is still available then it should be done from there, and if it has already been distributed amongst the heirs, then the Kafan is their responsibility. If the wealth has been given to fulfil a bequest or in payment of debt, then the Kafan is not their responsibility, and if the entire estate is fixed in debt, and the creditors have not as yet taken ownership of it, then the Kafan should be given from this same wealth; and if they have already taken ownership, then it should not be taken back from them, but the Kafan is the responsibility of the one whose responsibility it generally is, when there is no wealth available; and in the above mentioned case, the body has started disintegrating, then there is no need for the Kafan Masnun. Only one sheet is sufficient. [Alamgiri vol.1 pg.161; Durr-e-Mukhtar; Raddul Muhtar vol.1 pg.809]
Law: If the deceased has been eaten by an animal and the Kafan has been found, and the Kafan was (initially) from the wealth of the deceased, then it will be included as part of his estate. If someone gave the Kafan, be it a stranger or a relative, then it now belongs to that person and they may do with it as they please. [Alamgiri vol.1 pg.162]
Very Important Law: It is a common practice in India, that with the exception of the Kafan e Masnun, a further sheet is thrown over. They give this as Sadqa to the funeral bearers or to a needy person. They also have with them a Musal’la on which the Imam performs the Janaazah Namaaz. This too they give in Sadqa. If this sheet and Musal’la is not from the wealth of the deceased, but somebody has given it from his side (and generally the one who gives the Kafan gives this, but the material that is brought for the Kafan is brought in a package where this is included as part of it as well), then in this case it is obvious, that it is permitted and there is no harm in this; but if it is from the wealth of the deceased, then there are two situations in this regard;
The First Situation is where the heirs are all Baaligh and this was done with permission from all of them, then it is also regarded permissible, and if permission was not given, then the one who purchased this from the wealth of the deceased and gave it away is responsible for it. So, his responsibility is for two things, in other words, the amount that has been utilised for this will be added to the inheritance amount (estate of the deceased), and that amount will be paid for by the one who spent it, from his own money.
The Second Situation is in the case where all of a few of the heirs are na-Baaligh. Now in this case, both these things cannot be given from the wealth left by the deceased, even if the na-Baaligh gives permission, because it is Haraam to use the wealth of one who is na- Baaligh. Even though jugs and buckets etc. are available, if (new ones) were bought specifically to bathe the deceased, then in this as well the clarification is the same. The same ruling applies to having the 3 days, 10 days, 40 days, 6 months and one year Faateha. In other words, whoever wishes to spend for all of this and wishes to send the Thawaab of it to the deceased should do so from his own wealth. This can only be spent for from the wealth left by the deceased, if his heirs are Baaligh and they have given permission for the same; otherwise it is not allowed. The one who is Baaligh may spend for these practices from his own share. There is also one other scenario; this is if the deceased made a Wasiyat (bequest) for this, then after paying his debts, the bequest will be fulfilled from one third of what is still left.
Most people are either careless in this regard or simply unaware of this, because after using for all such things, they regard what remains thereafter as being his estate. Neither do they take permission from the heirs before they use monies for these things, and nor do they realise the harm of (doing this) if the heir is na- Baaligh. This is a serious mistake (on their path). However, from what is being mentioned none should misunderstand or think that the practice of Teeja (3 days Faateha etc.) is being forbidden, as this is Esaal e Sawaab (means of sending reward to the deceased). Who can stop such a (blessed) action? (Yes) One who is a Wahabi will forbid this! In reality what we are doing is only stopping them from spending it in the impermissible manner (i.e. if it is without proper permission from the deceased’s wealth). If someone wishes to use their own money to do this, or if the Baaligh heirs have allowed spending for this purpose, then it is not disallowed.
 

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