Sunday, 7 September 2014

Bahaar-e-Shariat Volume 4 Blog Page 48

Carrying the Janaazah
(Funeral Bier) For Burial

Law: To carry the Janaazah (on the shoulders) is Ibaadat. Every person should make effort and not fail in Ibaadat, and Huzoor Sayyidul Mursaleen صلی اللہ تعالی علیہ وسلم  carried the Janaazah of Hazrat Sa’ad bin Mu’az رضی اﷲ تعالیٰ عنہ. [Jauhira]
Law: It is Sunnat for four persons to carry (lift) the Janaazah. One person should be on each corner; and if only two persons carried the Janaazah, whereby one is at the head-side and one at the foot, then to do this without a need is Makruh; and if this is due to a need, for example if the space (to walk through) is narrow, then there is no problem in doing so. [Alamgiri vol.1 pg.162]
Law: It is Sunnat to give ‘Kandha’ (Carry on shoulder) in a manner where you carry each (of the four) ends, one after the other, walking ten paces whilst carrying at each end. The full Sunnat is to first carry the Right end at the head-side, followed by the right end of the footside then the left end of head-side and then the left end of foot-side and in doing so walk ten paces when carrying on each end. This will make forty (40) paces, because it has been mentioned in the Hadith that the one who carries the Janaazah walking for forty paces, forty of his Kabeera (major) sins will be washed away. It has also been mentioned in the Hadith, the one who carries on his shoulders the Janaazah from all four ends, Allah will definitely pardon him. [Jauhira; Alamgiri vol.1 pg.162; Durr-e-Mukhtar vol.1 pg.833]
Law: In carrying the Janaazah, the bier should be lifted with the hands and placed on the shoulders. It is also Makruh to carry it on the neck or the back, like one does when loading supplies. To load the Janaazah on an animal is also Makruh. [Alamgiri vol.1 pg.162; Ghuniya; Durr-e-Mukhtar vol.1 pg.833] The same ruling applies to placing it on a trolley.
Law: If one person carries in his hands a small baby, be it a new born (suckling) or one who has just stopped suckling, or an infant slightly older than that, there is no disapproval; and one person after the other can take it, into their hands. If a person is on a mode of conveyance, and he takes such a small child in his hand, then too there is no disapproval. If the deceased is older than this, then it should be carried on a wooden bed (or bier etc). [Ghuniya; Alamgiri vol.1 pg. 162]
Law: The Janaazah should be carried at a moderate pace, but it should not be so fast that it causes the deceased to jerk. It is Afdal (more virtuous) for those who are accompanying the Janaazah to walk behind the Janaazah. They should not walk to the right or left of the Janaazah, and if someone does walk in front, then he should walk at such a distance that he is not counted amongst those accompanying the Janaazah; and if all (those accompanying the Janaazah) are in front, it is Makruh. [Alamgiri vol.1 pg.162]
Law: It is Afdal (more virtuous) to go with the Janaazah by foot, and if one is on a mode of conveyance it is Makruh to be in front. If one does go ahead, he should go far ahead of the Janaazah. [Alamgiri vol.1 pg.162; Sagheeri vol.1 pg.295]
Law: It is impermissible and disallowed for females to go with the Janaazah; and if women who lament accompany the Janaazah, they should be strictly prevented from doing so. If they still adamant and do not listen, then do not leave accompanying the Janaazah, because why should we omit the Sunnat of accompanying the Janaazah because of their impermissible action; but rather in our hearts we should regard this as bad (and wrong), and still participate in the Janaazah. [Durr-e-Mukhtar vol.1 pg.834; Sagheeri vol.1 pg.296] Law: If women are (following) behind the Janaazah and men suspect that by walking that back, they will mix with females; or if they are someone amongst them performing ‘Noha’ (lamenting), then in all such cases, it is better for the men to walk at the front. [Durr-e-Mukhtar; Raddul Muhtar vol.1 pg.834]
Law: When walking with the Janaazah, the head should be in front. To carry fire with the Janaazah is not permissible. [Alamgiri vol.1 pg.162]
Law: Those walking with the Janaazah should do so quietly. They should be remembering death and the condition of the grave. They should neither have worldly conversations nor laugh (be jovial). Hazrat Abdullah ibn Mas’ud رضی اﷲ تعالیٰ عنہ saw a person laughing whilst accompanying the Janaazah, he said; ‘You are laughing whilst accompanying a Janaazah! I shall never speak to you again’. If one wishes to make Zikr (remembrance of Allah) one should do so in one’s heart; and based on the current era the Ulama have also now permitted us to make Zikr aloud. [Sagheeri; Durr-e-Mukhtar Raddul Muhtar vol.1 pg. 853]
Law: It is Makruh to sit until the Janaazah has been kept down, and after it has been kept down, one should not remain standing without reason. If people are seated and the Janaazah has been brought there for Namaaz, then until it is not kept, they should not stand.
Similarly, if you are seated anywhere and a Janaazah passes, it is not necessary to stand. However, if someone wishes to leave, then he should stand up to leave. When the Janaazah is kept, it should not be kept in a manner whereby the legs or head is facing the Qibla, but it should be placed down in a transverse position, whereby the right rise is facing the Qibla. [Alamgiri vol.1 pg.162; Durr-e-Mukhtar vol.1 pg.834]
Law: To take payment or make payment to carry the Janaazah is permissible, on condition that there are others present there as well as the one who will carry it. [Alamgiri vol.1 pg.162]
Law: If the Mayyit is a neighbour, relative or some pious person, it is more virtuous to go with his Janaazah, than performing Nafil Namaaz. [Alamgiri vol.1 pg.162]
Law: One, who has gone with the Janaazah, should not return without partaking in the Janaazah Namaaz, and after the Janaazah Namaaz he should return by taking permission of the Guardians of the Mayyit; and after the burial he does not need to take the permission of the Guardians. [Alamgiri vol.1 pg.165]

The Janaazah Namaaz

Law: The Janaazah Namaaz is Fard e Kifaayah, which means that if (even) one person performed it all have been absolved from their responsibility. If none reads it, then each one who got news of it and did not read it is sinful. [General Books of Fiqh; Durr-e-Mukhtar vol.1 pg.811]
Law: Jama’at (congregation) is not a condition for it (Janaazah Namaaz). Even if one person performs it, the Fard will be discharged. [Alamgiri vol.1 pg.162]
Law: The same conditions apply to Janaazah Namaaz becoming Waajib as applies to the other Namaaz. In other words: 1. to have the ability to fulfil it; 2. to be Baaligh; 3. to be Aaqil (Sane); 4. to be a Muslim. There is however one thing extra in it and that is to be informed of the Mayyit. [Raddul Muhtar vol.1 pg.811]
Law: In Namaaz-e-Janaazah there are two types of Conditions (Pre- Requisites). One condition is in regards to the Musal’li and the other condition is to do with the Mayyit. The pre-requisites for the Musal’li are the same as the ones for fixed Namaaz, in other words: 1. The Musal’li should be free from Najaasat-e-Hukmia and Najaasat-e- Haqeeqia (i.e. visible and unseen impurities); 2. Satr-e-Awrat; 3. To face the direction of the Qibla. In it (Janaazah Namaaz) Time is not a pre-requisite, and Takbeer e Tahreema is a Rukn and not a prerequisite, just as it has been mentioned earlier. [Raddul Muhtar vol.1 pg.811] Some people participate in the Janaazah Namaaz, reading it whilst wearing their shoes or whilst standing on their shoes. If it is necessary for them to have their shoes on, then the sole of the shoes and the ground underneath should be paak (i.e. free from any impurity). If there is the amount of impurity which is objectionable, then his Namaaz will not be valid. If one stood on his shoes and read, it is necessary for the shoes to be Paak.
Law: If the Janaazah is ready to be performed and one knows that by the time he performs Wudu or Ghusl, the Namaaz will be finished; he should perform Tayammum and read it. The details in regards to this can be seen in the section on Tayammum (in Bahaar vol.2).
Law: If the Imam was not in a state of ablution, the Namaaz must be repeated, even if the Muqtadi (follower) were in ablution, because if the (Namaaz) of the Imam is not done, the Namaaz of others will also not be done. If the Imam was in state of ablution and the Muqtadi was not in the state of ablution, then the Namaaz will not be repeated, even though the Namaaz of the Muqtadis is not valid, but the Namaaz of the Imam has been done. If a female performed the Namaaz and men followed her, then it should not be repeated, because even though it was not correct for the males to follow her, but her Namaaz has been done and this is sufficient (in such a situation), as the Repetition of Janaazah Namaaz is not permissible (without valid reason). [Durr-e-Mukhtar vol.1 pg.812]
Law: If Janaazah Namaaz was performed on a mode of conveyance, it is not regarded as being done. It is a condition for the Imam to be Baaligh, whether the Imam was a male or a female. If a Na-Baaligh performed the Janaazah Namaaz, it has not been discharged. [Durre- Mukhtar vol.1 pg.812/813; Alamgiri vol.1 pg.164]

A Few Conditions (pre-requisites) which are related to the Janaazah Namaaz:
1. The Mayyit (Deceased) must be a Muslim.
Law: Mayyit (deceased) refers to one who was born alive and then died. So, if he was born dead, or if he was alive when less than half of the body came out, and before coming out (full) he died, then even his Janaazah Namaaz will not be read. Details regards this will follow. [Shaami vol.1 pg.830]
Law: If both the parents of an infant are Muslim, or if one of them is Muslim, he too will be regarded as being Muslim. His Janaazah Namaaz must be performed. If both are unbelievers (kaafir), then the Janaazah Namaaz should not be performed. [Durr-e-Mukhtar vol.1 pg.832]
Law: If a Muslim found a small baby alone in a Darul Harb and he took the baby with him, and thereafter he died at the place of the Muslims, his Janaazah Namaaz will be performed. [Alamgiri vol.1 pg.163]
Law: The Namaaz Janaazah of every Muslim will be performed, no matter how sinful he may have been, even if he is charged with major sins. However, there are a few types of people whose Janaazah will not be performed:
1. A rebel (traitor) who wrongly rebels against the Righteous Muslim Ruler, and is then killed in this rebellion.
2. A bandit who is killed whilst robbing. Neither should he be given Ghusl nor should his Janaazah Namaaz be performed, unless the Muslim King has arrested him and had him executed; in this case he will be given Ghusl and his Namaaz will be performed; if in the case where they were neither caught nor killed, but later just died, then in this case as well Ghusl and Janaazah Namaaz will be performed.
3. Those who fought out of partiality; and even those who were just seeing their spectacle and were struck by a stone (etc.), then even their Namaaz will not be performed. However, if they died after having dispersed (from there), then (in this case) their Namaaz will be performed.
4. One who killed someone by strangling him.
5. Those that take weapons and rob and attack at night in a city are also regarded as bandits, and even if they are killed in this situation, their Janaazah will not be performed.
6. The Janaazah of one who killed his mother and father will also not be performed.
7. The Janaazah of one who was stealing something from someone and is killed in this situation will also not be performed. [Alamgiri vol.1 pg.163; Durr-e-Mukhtar vol.1 pg.814/815]
Law: The Janaazah of one who committed suicide will be performed even though it is a very big sin. This applies even if he did so with intent. Ghusl and Janaazah Namaaz will be performed for the one who has been stoned to death (for adultery) or the one who was killed in Qisaas (Retaliation). [Alamgiri vol.1 pg.163; Durr-e-Mukhtar vol.1 pg.815]
2. The Body and the Kafan (Shroud) of the Mayyit must be Paak (pure):
Law: The meaning of the body being paak is that it was given Ghusl or if the Ghusl was not possible, Tayammum was performed and if any impurity came out of the body before the Kafan is put on, then in should be washed away, and if it was excreted afterwards, there is no need to wash again. The meaning of the Kafan being paak is that the Kafan should be paak when being put on, and if the Kafan is soiled with impurity which is excreted afterwards, then there is no objection. [Durr-e-Mukhtar vol.1 pg.812]
Law: If the Namaaz was performed without the Ghusl, the Namaaz is not done. The Mayyit should be given Ghusl and the Namaaz should then be read again. If the deceased has already been put into the grave, but the sand has not been put over as yet, then remove the deceased from the grave, give the Ghusl and perform the Janaazah Namaaz. If the grave has already been covered with the sand, then know the Mayyit cannot be removed. Thus, the Janaazah Namaaz must now be performed at the grave because the first Namaaz was not valid and now because the Ghusl is impossible, the Namaaz will now be done. [Raddul Muhtar vol.1 pg.811/812]
3. The Janaazah should be present there, in other words for the entire body, or most of it, or half including the head should be present. There can be no Janaazah for Ghaa’ib (someone not present).
4. The Janaazah should be kept on the ground or held in the hands and if it is on top of an animal, the Namaaz will not be valid.
5. The Janaazah should be in front of the Musal’li facing the Qibla. If it is behind the Musal’li the Namaaz will not be valid. [Durr-e-Mukhtar vol.1 pg.812/813]
Law: If the Janaazah was kept the wrong side around, in other words the deceased’s feet are to the right of the Imam, the Janaazah will be done, but if this was done intentionally, it is sinful. [Durr-e-Mukhtar vol.1 pg.813]
Law: If there was error in establishing the direction of the Qibla, in other words one thought that the Mayyit has been kept facing the Qibla, but in reality it was not facing the Qibla, then on the grounds of Taharri[1], if one performed Taharri, the Namaaz is valid, otherwise not. [Durr-e-Mukhtar vol.1 pg.813]
6. for the part of the body of the Mayyit which needs to be covered, to be covered (properly).
7. The Mayyit should be opposite the Imam, in other words if there is one Mayyit then any part of its body should be opposite the Imam; and if there are few bodies then for that part of the body for any one of them to be opposite the Imam is sufficient. [Raddul Muhtar vol.1 pg.812/813]
Law: There are two Rukn (essential commands/obligations) in Janaazah Salaah:
1. To proclaim the Allahu Akbar (Takbeer) four times.
2. Qiyaam (To stand).
If one sat without reason on a conveyance and performed the Janaazah Salaah, it is not done, and if the Guardian or Imam was ill and he sat and performed (the Namaaz), and the Muqtadis stood, the Namaaz is done. [Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.813]
Law: In Janaazah Namaaz, there are three things which are Sunnate-Mu’akkadah:
1. Allah’s Thana (Glorification of Allah).
2. Durood on Nabi صلی اللہ تعالی علیہ وسلم .
3. Dua for the Mayyit (Deceased).


[1] Note: Taharri refers to a decision based on deliberation and positive intuition. When it
becomes complicated to determine the truth of a matter in any situation, then one should deliberate in this regard and act based on one’s positive intuition to determine the truth. This deliberation is called Taharri. It is only permissible to practice Taharri, when there is no other evidence to substantiate the reality. It is not permissible to practice Taharri if there is evidence present.
 

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