A Commentary on Zad al Mustaqni' The Book of Funerals Sh Salih al

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THE BOOK OF FUNERALS
“The Book of Funerals”: The word janazah refers to the deceased.189 The plu­
ral is janaiz. There are certain laws pertaining to the deceased that everyone
should know. Hence the author has dedicated this chapter for this topic.
The goodly nature of Islam ensures that the deceased person is properly taken
care of. In fact, even before death approaches, we visit that person and urge
him to say the shahadah. As soon as he passes on, his clothes are removed and
he is wrapped in a sheet such that he is fully covered. The body is washed and
then shrouded. The funeral prayer is conducted and then he is buried in the
grave.
The great care and attention offered to the deceased is a testament to the com­
prehensiveness of this din, praise be to Allah. The Muslim is well looked after
in life as well as after death. Once he is buried in the grave, the attendees seek
forgiveness on his behalf and pray that Allah makes him steady when ques­
tioned in the grave. The dead is visited on occasion and greeted with the salam
at every visit. There remains thereafter the duty to ensure that the grave is safe
from any harm, desecration or vandalism.
All this leads us to conclude that this din is complete and comprehensive for
both the living and for dead. A Muslim is much valued by Allah so much so
that even his lifeless corpse is respected. He is not treated like a carcass of an
animal, thrown out and not glanced at again.
189 See Lisan al-'Arab (5/324) and al-Mutla (p. 113).
The Book of Funerals
It is incumbent upon Muslims to reflect on death before they are seized by
it. The Prophet ^ urged Muslims to reflect on the destroyer of desires.m He
was evidently referring to death. They should ponder much about death so
that they are driven to make preparations for the final departure. They should
not neglect themselves or the Hereafter. A person who constantly remembers
death will definitely sin or transgress less. He will channel his energy in obey­
ing Allah, thus preparing for his death.
When a person disregards death, he tends to become lackadaisical. He will im­
merse himself in sin, wrong doing and procrastinate from repentance. When
he steps into sin, he tends to assume that he has a long life to live. Hence, re­
pentance becomes something that he will pay attention to later. He is blind to
the notion that death is looming and that his life span has already been deter­
mined. He forgets that repentance will not avail when death arrives. Therefore,
a Muslim must make preparations for his death always as his ordained time
may come when he least expects it. When one prepares for it and constantly
reminds himself of death, he will increase his pious deeds and never fail to
make repentance when he falls into sin.
Among the Islamic etiquettes are: Visiting the ill and making supplication
for their recovery. The ailing is reminded to make repentance and if he is ter­
minally ill, then he is reminded to prepare a will. The sick is also warned not
avoid injustice.
This din is a complete din that encourages its followers to prepare themselves
for the inevitable, that they bring forth deeds for themselves [in preparation
for the Day of Recompense]. It warns its followers to eschew all that is detri­
mental to oneself and all acts which warrant a punishment in this world and
in the Hereafter. This inherent providence in Islam is of great value to the
Muslim.
In conclusion, there are laws pertaining to the janazah which are legislated
by Islam and it is wajib upon all Muslims to be well versed in this. Only then
can they carry out the necessary actions when there is a death in the family. To
highlight this, the jurists call this chapter the book of funerals (janaiz).
190 Reported by Ahmad (2/292), al-Tirmidhi (2307), al-Nasa'l (4/4) and Ibn Majah (4258)
from the narration of Abu Hurairah.
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A Commentary on Zad al-Mustaqni
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It is Sunnah to visit the sick and to remind him to repent and to write his
will.
Firstly: It is a Sunnah to think of death and to keep reminding ourselves
about it.
Secondly: If a Muslim falls sick, it is Sunnah to visit him. This act is one of
the best deeds in Islam. It also serves to inform the visitor of the gravity of the
illness and visiting him helps console him. The sick can also benefit from the
reminders mentioned by those who visit him. In fact, both the visitor and the
sick person benefit from this act.
“It is Sunnah to visit the sick”: This is a right upon every Muslim for another
Muslim.
“And to remind him to repent”: That is, to remind him to avoid being unjust
and do away with sins before death approaches.
“And to write his will”: If he has any dues or money owed to others, then he
must record it down in a will. The Prophet M said, “It is not proper that a Mus­
lim spends two nights without having his will by his head.”191
In his will, he writes that which is owed to him and that which he owes oth­
ers. The writing of the will is wajib upon Muslims. However, to bequeath a
third of his wealth or less is only mustahabb. If a person has a great amount of
wealth, then it is mustahabb that he bequeaths some of it to be given away as
charity upon his death. He can bequeath within the limits set by the Prophet
sS that is a third of his wealth or less: a fifth, sixth or a tenth. Provided it is
lesser than a third of his wealth. The Prophet M said, “A third, and a third is a
large amount.”192
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191 Reported by al-Bukhari (2/4) and Muslim (5/70) from the narration of Abdullah ibn ‘Amr.
192 Reported by al-Bukhari (2/103) (5/87), (7/80-81) and Muslim (5/71) from the narration
of S’ad ibn Abi Waqqas.
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The Book of Funerals
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When he is in the throes of death, it is a Sunnah to quench his throat with
water or other drinks and wet his lips with a moist piece of cotton. He is
instructed to say, ‘La ilaha illallah' once but not more than thrice except if he
speaks afterwards, then talqin (prompting) is resumed gently.
“When he is in the throes of death, it is a Sunnah to quench his throat with
water or other drinks”: That is, he is about to die. It is a Sunnah for those
present at that moment to quench his thirst as his throat will become dry due
to imminent death. The throes of death will be lightened if he is given water.
“And wet his lips with a moist piece of cotton”: The cotton is moistened with
water. His lips will become very dry due to the severity of the pain experienced
just before death.
“He is instructed to say, ‘La ilaha illallah'"'. This is known as talqin, and it is
of great importance as it is performed to ensure that these will be the dying
individual’s last words. The Prophet & said, “Make talqin to your dying.” He
was referring to those who are present when one is about to die. He carried on,
“[Encourage them to say] ‘La ilaha illallah,'tor he whose last words are la ilaha
illallah shall enter Paradise.”193 The shahadah is uttered to the dying person in
the hope that these will be his last words before death seizes him.
“Once”: It should not be repeated many times such that it annoys him. It will
relax him during the severe situation. One makes the talqin in a gentle manner.
Once the dying person says the shahadah, the talqin is stopped. However, if the
dying person does talk after saying the shahadah, the talqin is repeated.
“But not more than thrice except if he speaks afterwards, then talqin (prompt­
ing) is resumed gently”: One must not instruct the dying person with the
words, “Say Id ilaha illallah.” Rather, one should just mention the shahadah
without instructing him. This is because these instructions might burden him.
There is a chance that he might repeat it if one says la ilaha illallah without an
imperative tone. However, if the dying person starts talking afterwards, then
talqin is repeated.
193 Reported by Muslim (3/37) from the narration of Abu Hurairah, it is a marfu report. Also
reported by Ahmad (5/233), Abu Dawud (3116) from the narration of Ibn Jabal.
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A Commentary on Zad al-Mustaqni
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Surah Yasin is read in his presence. He is placed to face the qiblah. When he
dies, it is a Sunnah to close his eyes, tie his jaw shut and to loosen his joints.
“Surah Yasin is read in his presence”: The hadith which recommends the read­
ing of Surah Yasin for a person who is nearing death is a weak (da'if) narra­
tion.194 It is best not to read anything as there is no evidence to support such
a deed. However, if one recites the Qur’an based on the above-mentioned
hadith, then he is not be refuted. We need to understand that the hadith is not
authentic and so it is best not to recite in such a manner.
“He is placed to face the qiblah"'. In accordance to the saying of the Prophet %,
“The Ka’bah is a qiblah for the living and the dead among you.”’95
“When he dies, it is a Sunnah to close his eyes”: When he dies, those around
him should immediately close his eyes. This is because the eyes start to pro­
trude after death. The Prophet M said, “Verily, the eyes follow the soul when it
departs,”196 and so his appearance will appear defaced. Hence, we are ordered
to close the deceased person’s eyes as soon after death as possible, that is to
close the eyelids over the pupils. The Prophet M did likewise for Abu Salamah
when he died.197
“Tie his jaw shut”: Similarly, the mouth of the deceased starts to open up after
death. It is mastahabb to tie the jaw together in order to shut the mouth.
“And to loosen his joints”: So that rigor mortis can be delayed. One should
shake the hands and feet of the corpse to delay it from becoming stiff, which
will make washing it difficult.
194 Reported by Ahmad (5/26,27), Ibn Majah (1448), Ibn Hibban (3002), al-Hakim (1/565)
and al-Bayhaql (3/383) from the narration of Ma’qal ibn Yasar, it is a marfu narration.
195 Reported by Abu Dawud (2875), al-Nasa'i (7/89), al-Hakim (4/259-260) from the narra­
tion of Umayr ibn Qatadah.
196 Reported by Muslim (3/38), Ahmad (6/297) and Abu Dawud (3118) from the narration
of Umm Salamah.
197 An excerpt from a hadith referenced earlier.
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The Book of Funerals
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The clothes are removed and a robe is used to cover him. A piece of metal
is placed on the stomach. He is placed on the washing stretcher facing the
qiblah with his body tilted up slightly.
“The clothes are removed and a robe is used to cover him”: The clothes of the
deceased are removed quickly as the clothes will expedite decay of the body.
Only the undergarments are left intact. A fresh robe is worn on him.
“A piece of metal is placed on the stomach”: To counter the bloating of the
stomach that occurs after death, a heavy object is placed on his stomach.
“He is placed on the washing stretcher”: So as to prepare the corpse for the
ghusl.
“Facing the qiblah with his body tilted up slightly”: The body is placed so that
it faces the direction of the qiblah. The corpse is raised up slightly such that
the head and the chest are higher than the feet. This is to help expel the waste
matter in the body so that the deceased can be thoroughly cleaned.
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Funeral rites should be expedited unless the death was sudden. His will
should be executed and his debts must be paid off.
“Funeral rites should be expedited unless the death was sudden”: It is musta­
habb that the funeral preparations are completed promptly. The rites i.e. wash­
ing the corpse, shrouding, prayer and the carrying of it to the cemetery should
be expedited. The Prophet M forbade the delay of the funeral rites.198 However,
it can be delayed if the death was sudden and there is a delay in the arrival of
the guardian of the deceased or if death cannot be pronounced. Sometimes,
the person has just fainted or lost consciousness. Funeral rites must not be
198 Reported by Abu Dawud (3109) from the narration of Hussain ibn Wuhuh who said,
“When Talhah ibn al-Bara’was ill, the Prophet 3s visited him and said, ‘I do not observe except
that Talhah is nearing death, so permit me and expedite. Verily, the corpse of a Muslim should
not be kept back with his family.”’
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A Commentary on Zad al-MuStaqni
expedited when there is a doubt as to whether a person is dead or alive.
Nowadays, there is a lot of delay, especially in cases of unnatural death where a
post mortem is ordered to rule out foul play. It is important to rule this out as
identifying and solving a crime is essential to security and safety of the citizens
of a country. Hence, this worthy objective permits the delay in the funeral rites.
“His will should be executed”: From the duties that are to be carried out for
the deceased is the execution of his will. It is to be executed by the nominee
quickly such that the dead person can get the rewards of it without delay.
“And his debts must be paid off”: If the dead person owed debt and he had
left wealth behind, then the next of kin should make arrangements for it to be
settled using this wealth. This is so that he may be cleared of the rights owed
to others. Indeed the soul of the deceased is mortgaged against the debt it
owed in life.
“The martyr is forgiven all deeds except the debt he owes to others.”199 The
Prophet jfe said, “A Muslim’s soul is attached to his debt until it is paid off.”200
So one must try to pay off his debt as soon as possible.”
The debt should be settled from the money or property left behind by the
deceased. In fact the debt should be settled even before the inheritance is dis­
tributed and before the will is executed. If he did not leave behind money or
property, then it is mustahabb for his relatives or fellow Muslims to settle his
debts on his behalf. This is to free the deceased soul from the burden of debt.
199 Reported by Muslim (6/38) and Ahmad (2/220) from the narration of‘Abdullah ibn ‘Amr
ibn al-‘As, it is a marfu report.
200 Reported by Ahmad (2/440), al-Tirmidhl (1079) and Ibn Majah (2413) from the narration
of Abu Hurairah.
460
SECTION
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Washing the corpse, shrouding it, praying for it and burying it are all fard
kifayah.
“Washing the corpse, shrouding it, praying for it and burying it are all fard
kifayahThese four acts come under the funeral laws. They are a communal
obligation upon the Muslims. If some of those in the community carry it out,
the others are absolved of the obligation. However, it remains a Sunnah for the
others to partake in these acts.
If the minimum number of people legislated for the act don’t carry it out,
then it is a sin upon the whole community. This is because these acts are wajib
duties upon a Muslim for another Muslim. Fard kifayah focuses more on ful­
filling the act itself, not at those who partake in it.201
Fard ‘ayn (personal obligation) focuses on the fulfilment of the act along with
those who partake in it. This is the difference between the two.202
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Priority for washing the corpse is given to: He who was named in the will
201 See al-Tamhidhy al-Isnawi (p. 74).
202 See Jam' al-Jawami’ with annotations by al-Bannanl (1/182).
A Commentary on Zad al-Musiaqni
of the deceased, then his father, then his grandfather followed by the nearer
relatives and so on from the paternal line and then the relatives from the
maternal line. The female is washed by the one mentioned in her will fol­
lowed by the nearer female relatives.
“Priority for washing the corpse is given to: He who was named in the will of
the deceased”: If the deceased had mentioned a particular person in his will
pertaining to the act of washing his body after death, then this person has the
first priority of doing so.
“Then his father”: If no one was nominated by the deceased, then it becomes a
duty upon the relatives of the deceased. The priority is based according to how
close a relative is to the deceased. The closest relative is one’s father.
“His grandfather”: Since he is also like a father to the deceased.
“Followed by the nearer relatives and so on from the paternal line”: The son,
then the son’s son, then the brother, followed by the brother’s son, then the
uncle, then the uncle’s son and so on and so forth. The priority is based on how
close they are to the deceased.
“And then the relatives from the maternal line”: Next in priority to the rela­
tives from the paternal side are those relatives from the maternal line. Exam­
ples would be maternal uncles.
“The female is washed by the one mentioned in her will”: I.e. the one men­
tioned from amongst the women. She has the first priority. If no one was
mentioned in the will, then the female relatives shall wash the body.
“Followed by the nearer female relatives”: For example: her mother, grand­
mother, sister, paternal auntie, maternal auntie and so on and so forth. A fe­
male should only be washed by another female. Men are not allowed to wash
a dead woman’s corpse and vice versa.
One is allowed to wash the body of his or her dead spouse.
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