Sunday, 7 September 2014

Bahaar-e-Shariat Volume 4 Blog Page 51

Law: Those factors which nullify any other Namaaz will also nullify Janaazah Namaaz, with the exception of one factor and that is if a female stands in the vicinity of a male, the Janaazah Namaaz will not be nullified.
Law: It is Mustahab (desirable) for the Imam to stand in front of the chest of the Mayyit, and he should not be far away from the Mayyit, be it a male or a female and be it Baaligh or Na-Baaligh. This is in the case when he is performing one persons Mayyit. However, if he is performing (together) few Mayyits, then he should stand in line and close to the chest of one Mayyit. [Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.819]
Law: If the Imam says five (5) Takbeers (instead of four), then the Muqtadis should not follow him in saying the fifth, but they should remain silent. When the Imam turns the Salaam, they should turn the Salaam with him. [Durr-e-Mukhtar vol.1 pg.817/818]
Law: If a person misses some Takbeers, in other words he joined when few Takbeers have already been prayed, then in this case, he should not join immediately, but should join when the Imam says a Takbeer, and if one did not wait, but joined immediately, then whatever he did before the Imam said the Takbeer is not counted. If he was present there but did not say Allahu Akbar when the Imam said the Takbeer e Tahreema, be this due to carelessness or if he was still making the Niyyat, then this person should not wait till the Imam says the next Takbeer so that he can join with him, but he should join immediately. [Durr-e-Mukhtar vol.1 pg.819; Ghuniya]
Law: A Masbooq, in other words one who missed (some) Takbeers, should say his remaining Takbeers after the Imam turns the Salaam, and if he feels that by reading the (prescribed) Duas, the people will already carry the Janaazah out, he should only proclaim the Takbeers and omit the Duas. [Durr-e-Mukhtar vol.1 pg.820]
Law: A Laahaq, in other words one who joined from the beginning but for some reason he missed some Takbeers in the middle, for example he proclaimed the Takbeer with the Imam, but he missed the third and fourth, then in this case he should say these Takbeers after the fourth Takbeer of the Imam. [Raddul Muhtar vol.1 pg.820]
Law: The one who comes after the fourth Takbeer, then until such time that the Imam has not turned the Salaam, he should join and after the Imam turns Salaam, he should say Allahu Akbar three times. [Durr-e-Mukhtar vol.1 pg.821]
Law: If there are many Janaazahs together, he may perform all of them at one, in other words he should make Niyyat for all of them in one Namaaz. However, it is Afdal (more virtuous) to perform each one individually, and in this case, in other words where each one is performed individually, then the one who is most exalted amongst them (in piety) should be the one whose (Namaaz) should be performed first, and thereafter he should perform the (Namaaz) of the one who is most exalted after him, and so forth وعلیٰ ھذا القیاس. [Durre-Mukhtar vol.1 pg.821/822]
Law: If a few Janaazahs are performed together, then one has the option to keep all of them in a row, the chests of all should be in front of the Imam or in a straight line, in other words the feet or head of the first may face the other and the second ones feet or head may face the other, and the third ones feet or head may face the other, and so forth. If they are kept in a row, then the one who is most exalted should be kept near the Imam, followed by the Janaazah of the one who is more exalted thereafter وعلیٰ ھذا القیاس and if they are equal in excellence, then the one who is older in age, should be kept in front of the Imam. This is in the case where they are all of the same gender; and if they are of different gender, then the male should be placed close to the Imam, after him should be a boy, after him should be the Khunsa, then the female, then a Maraahiqa (one who is close to puberty). In other words, it should follow the same sequence as is the ruling for the Saffs in Namaaz for the Muqtadis; the mirror image (Aks) of this is here; if it is the Janaazah of a freed slave, then the freed slave should be kept close to the Imam, even if he is Na-Baaligh and thereafter the slave; and if for some reason a few deceased have to be buried in one grave then in this case do the mirror of it, in other words first keep in the grave the one who is the most exalted, and this is only if all are males or all are females, otherwise keep in the direction of the Qibla the male, then the boy, then the Khunsa, then the female and finally the Maraahiqa. [Alamgiri vol.1 pg.165; Durr-e-Mukhtar vol.1 pg.822]
Law: If the Janaazah Namaaz of one person was being performed and a second one arrived, then finish the Namaaz of the first; and if in the second Takbeer the Niyyat for both were made, then to do only the Janaazah Namaaz of the first will be completed; and if only he made Niyyat of the second, then only the Janaazah Namaaz of the second is done. After completion, he should repeat that of the first. [Alamgiri vol.1 pg.165]
Law: If the Imams Wudu breaks in Janaazah Namaaz, and he appointed someone as his Khalifa (i.e. he gestured someone to take over) it is permissible. [Alamgiri vol.1 pg.165]
Law: If the Mayyit was buried without performing Janaazah Namaaz, and the sand has also been put in, then in this case, the Namaaz must now be read over his grave, as long as there is no supposition of the body disintegrating (by this time). If the sand has not been put in as yet, then the Mayyit should be removed and the Namaaz should be performed and then buried. There is no time limit in regards to performing the Janaazah Namaaz over the grave, (in other words) there is no stipulation which says that it should be done within a certain amount of days, as this differs on the basis of the weather, the kind of soil, and the condition of the body and illness (of the Mayyit). In the summer it will disintegrate at a faster rate and in the winter it will remain fresh for longer, and in brackish (saline) soil it will be faster and in parched and non-saline soil it will take longer, and a fat (plump) body will disintegrate faster and a lean body will take longer. [Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.866/867]
Law: If a person died by falling into a well or a building collapsed and the deceased cannot be removed, then his Janaazah should be read at that place; and if died of drowning in the sea (etc.) and he cannot be taken out (or body is not recovered), then his Janaazah Namaaz cannot be performed, as it is necessary for the Mayyit to be in front of the Musalli. [Durr-e-Mukhtar vol.1 pg.867/868]
Law: To perform Janaazah (Namaaz) in a Masjid is absolutely Makruh-e-Tahreemi, this is whether the Mayyit is kept inside the Masjid or outside the Masjid, whether all the Namaazis are inside the Masjid or some are outside, because the Hadith has disallowed the performing of Janaazah Namaaz inside the Masjid. [Durr-e-Mukhtar vol.1 pg.867/868] It is also disallowed to perform the Janaazah Namaaz on a public road and on the property of someone else. [Raddul Muhtar vol.1 pg.867] This is only if the owner of the property forbids it.
Law: If a person passes away before Jummah and the funeral rites can be complete before Jummah (i.e. Namaaz and burial etc.) then this should be done. To delay the Janaazah with the intention that there will be bigger crowd after Jummah is Makruh. [Raddul Muhtar vol.1 pg.833]
Law: If the Janaazah came at the time of Maghrib Namaaz, then complete the Fard and Sunnats and perform the Janaazah Namaaz. Similarly if the Janaazah comes at the time of any other Fard Namaaz, and the Jamaat is ready, then the Janaazah Namaaz should be performed after the Fard and Sunnats, on condition that there is no risk of the body becoming bad by delaying the Janaazah Namaaz. [Alamgiri, vol.1 pg.164]
Law: If the Janaazah came at the time of Eid Namaaz, the Eid Namaaz should first to be performed, then the Janaazah Namaaz, and then the Khutbah; and if it comes at the time of the Namaaz of the eclipse, then first the Janaazah should be performed and then the eclipse Namaaz. [Durr-e-Mukhtar vol.1 pg.775]
Law: If the child of a Muslim male or female was born alive, in other words it was alive at the time when most of the body was already out, and then the child died, it will be given Ghusl and Kafan and his Janaazah Namaaz will be performed. If this is not the case, then it should be bathed and wrapped in one sheet and buried. It will not be given Ghusl and Kafan according to the Masnun method. His (or her) Janaazah Namaaz will also not be performed, to the extent that if the head had come out and he cried, but then died before most of the body had come out, there is no Janaazah Namaaz for him (or her). The stipulation of most that if he was born head (first), then upto the chest is regarded as most (of the body), and if he (or she) was born leg (first), upto the waist is regarded as most (of the body). [Durr-e-Mukhtar vol.1 pg.828-831]
Law: If the childs mother or nurse (midwife) testified that the child was born alive then the Janaazah of that child will be performed, but there testimony in regards to inheritance will not be valid. In other words, the child will not be regarded the heir of his deceased father, and neither will the mother be regarded as the heir of the child. This is when the baby is delivered normally. If someone struck the mother on her stomach causing the child to come out dead, then he will be regarded as the heir and he will have the heirs status. [Raddul Muhtar vol.1 pg.829-831]
Law: Whether a child was born alive or dead, and whether his body was full or not, in all such cases, he will be named, and on the day of Qiyaamat he will be raised. [Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.830]
Law: If the child of an unbeliever in a Darul Harb, was imprisoned with its mother or father or after them, and then died, and none from amongst his mother and father has as yet become a Muslim, then he will neither be given Ghusl nor Kafan, and this is whether he has died in a Darul Harb or Darul Islam; and if he was brought alone to a Darul Islam, meaning neither his mother nor father was brought there captured, and nor did they comes as Zimmis there before the child was brought there, then in this case, he will be given Ghusl and Kafan and his Janaazah Namaaz will be performed, on condition that he has not as yet reached the age of understanding and preferred to be an unbeliever. [Alamgiri vol.1 pg.159; Durr-e-Mukhtar vol.1 pg.831]
 

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