Abu Musa al-Ash'ari reports that the Prophet, peace be upon him, said: "If a servant (of Allah) falls sick or goes on a journey, he (continues to be) rewarded for the good deeds that he used to do when he was healthy or at home."

Fiqh 4.3: Visiting the Sick

It is Islamic etiquette to visit a sick Muslim, to provide him moral support, and to make sure that he or she is well taken care of.

Ibn 'Abbas said: "The first visit to a sick person is sunnah, while any subsequent visit is a voluntary act (a good deed)." Abu Musa reported that the Prophet, peace be upon him, said: "Feed the hungry, visit the sick, and free the captives."

The Prophet, peace be upon him, said: "A Muslim has six obligations to another Muslim." "What are these?" they asked. He replied: "To greet another Muslim when you meet him; to respond when he invites you; to give him your (sincerest) advice when he seeks it; to say 'may Allah have mercy upon you' when he sneezes and says ' may Allah be praised '; to visit him when he falls ill; and when he dies, to attend his funeral."

Abu Hurairah narrated that the Messenger of Allah, peace be upon him, said: "A caller from heaven calls out to the person who visits a sick person, 'You are good and your path is good. May you enter your residence in Paradise'."

Abu Hurairah reported that the Messenger of Allah, peace be upon him, said: "Verily, Allah, the Exalted and Glorious, will say on the Day of Judgement: 'O Son of Adam! I fell ill, but you did not visit Me.' The human will ask, 'O my Sustainer! How could I visit You when You are the Sustainer of the Worlds? And how can You fall sick?' He, the Almighty, will say, 'Did you not know that such and such a servant of Mine was sick. But you did not visit him. Did you not know that, had you visited him, you would have found Me by his side? O Son of Adam! I asked you for food, but you fed Me not?' The man will say, 'O my Sustainer! How could I feed You when You are the Sustainer of the Worlds? And You are free from hunger?' He, the Almighty, will say: 'Such and such a servant of Mine asked you for food, but you refused to give him any. Did you not know that, had you fed him, you would have found it recorded here with Me? O Son of Adam! I asked you for a drink, but you did not give Me any.' The man will say, 'O my Sustainer! How could I give You a drink while You are the Sustainer of the Worlds and are free from thirst?' He, the Almighty will say, ' Such and such a servant of Mine asked you for a drink, but you did not give him any. Had you given him a drink, you would have surely found that recorded with Me."'

Thawban reported that the Prophet, peace be upon him, said: "Verily, when a Muslim visits his sick Muslim brother, he is, as it were, in one of the gardens of Paradise (enjoying its ripe fruits) until he returns to his home."

Ali said: "I heard the Messenger of Allah, peace be upon him, saying: 'When a Muslim visits a sick Muslim in the morning, seventy thousand angels pray for him, and they continue praying for him until that evening. When one visits the sick in the evening, the angels pray for him and continue praying for him until the next morning. Moreover, he will be rewarded with the choicest fruits of Paradise."

Fiqh 4.4: Etiquette of Visiting the Sick

It is recommended that the visitor pray for the recovery and health of the patient and that he should urge him to endure his trouble patiently. He should say nice words to cheer him up and keep his spirits high. The Prophet, peace be upon him, said: "When you visit a sick person, give him hope for a long life. This will not avert anything, but will please the patient and give him comfort." When the Prophet, peace be upon him, visited a sick person he used to say to him: "Do not worry! It is a means of cleansing (you) of sins, Allah willing."

It is preferred to shorten the visits and to make them less frequent as far as possible, lest they should become burdensome for the patient, except when the patient himself desires longer and more frequent visits.

Bukhari reports: "Umm ad-Darda went to visit one of the Ansar who used to come to the mosque.'' It is narrated from 'Aishah that she said: "When the Messenger of Allah, peace be upon him, migrated to Madinah, both Abu Bakr and Bilal fell sick. So I went to see them, and I said: 'O dear father! How are you (now)?' And, 'O Bilal! How are you now?' She (further) said: 'When Abu Bakr had high fever he would recite:

Every man is amongst his family, yet death is nearer to him than his shoe laces.

And when Bilal recovered from fever, he would recite: Would that I could stay overnight in a valley wherein I should be surrounded by izhkhir and jalil (kinds of fragrant grass). Would that one day I could drink of the water of Majinna, and would that (the two mountains) Shama and Tafil would appear to me.

'Aishah added: "Then I went to Allah's Messenger and told him about it, whereupon the Prophet, peace be upon him, said: 'O Allah! Bestow on us the love of Madinah as we love Makkah, or even more than that. O Allah ! Make it healthy and bless its sa' and mudd (measures of food) for us, and divert its fever to (the place called) al-Juhfah."

Fiqh 4.5: Muslim Visiting a Non-Muslim Patient

It is permissible for a Muslim to visit a sick non-Muslim person. In the chapter, "Visiting a Sick Polytheist," Bukhari says: It is narrated on the authority of Anas that "a Jewish boy, who used to serve the Prophet, peace be upon him, once fell ill. The Prophet, peace be upon him, visited him and invited him to Islam, saying: 'Submit to Allah's will.' So he accepted Islam." Similarly Bukhari narrates from Sa'id ibn al-Musayyab that he reported from his father that "when Abu Talib (the Prophet's uncle and an idolater) was on his deathbed, the Prophet, peace be upon him, visited him."

Abu Daw'ud narrates that Zaid bin al-Arqam said: "I suffered from an eye disease and the Messenger of Allah, peace be upon him, came to visit me."

Ibn Majah narrates on the authority of Umar that the Messenger of Allah, peace be upon him, said: "When you visit a sick person, ask him to pray for you. Indeed, the prayer of a sick person is like the prayer of angels." According to the author of Az-Zawa' id, the chain of narrators of this hadith is broken, yet it is sound and trustworthy, because otherwise it is authentic and narrators are trustworthy.

There are many hadith which encourage the Muslims to seek medical treatment.

Usamah ibn Shuraik narrated: "I came to the Prophet, peace be upon him, and found him with his companions. They were calm and serene as if there were birds over their heads. I greeted them and sat down. Then some bedouins came from various places. They askezhim: 'O Allah's Messenger! Should we seek medical treatment for our illnesses?' He replied: 'Yes, you should seek medical treatment, because Allah, the Exalted, has let no disease exist without providing for its cure, except for one ailment, namely, old age'." (Reported by Ahmad and the six sunnan. Tirmizhi considers it a sound hadith.)

Anas ibn Mas'ud reported that the Prophet, peace be upon him, said: "Verily, Allah has not let any malady occur without providing its remedy.

Therefore seek medical treatment for your illnesses.'' ( Nasa'i, Ibn Majah, and al-Hakim.)

Jabir narrated that the Messenger of Allah, peace be upon him, said: "There is a cure for every disease. Whenever an illness is treated with its right remedy, it will, by Allah's permission, be cured." (Muslim)

Fiqh 4.6: Using Prohibited Things As Medicine

The majority of scholars hold that the use of wine and other prohibited things as medicine, is unlawful. They base their arguments on the following hadith:

Wa'il ibn Hujr al-Hadrami reported that, "Tariq ibn Suwaid asked the Prophet, peace be upon him, if he could use liquor as medicine. The Prophet replied: 'It is not a cure, but a disease'.'' (Muslim, Abu Daw'ud, and Tirmizhi.)

Umm Salamah, the wife of the Prophet, peace be upon him, reports that he once said: "Allah has not placed a cure for your diseases in things that He has forbidden for you.'' (Reported by Baihaqi; Ibn Hibban considers this hadith to be sound.Bukhari has also related it on the authority of Ibn Mas'ud.)

Abu ad-Darda reported that the Prophet, peace be upon him, said: "Allah has sent down both the malady and its remedy. For every disease He has created a cure. So seek medical treatment, but never with something the use of which Allah has prohibited.'' (Reported by Abu Daw'ud. Among the natrators of this hadith we find Isma'il ibn 'Aiyash, who is considered trustworthy by the Syrians, but regarded as a weak narrator by the scholars of Hijaz.)

Abu Hurairah narrated: "The Messenger of Allah, peace be upon him, prohibited the use of a harmful medicine, namely, poison."(Ahmad, Muslim, Tirmizhi, and Ibn Majah.)

Using a few, unnoticeable drops that cannot induce intoxication, is not prohibited, provided they are a part of a compound medicine. For example, the use of a small amount of pure natural silk in a woven fabric, as explained in al-Manar.

In his book, Al-Adab ash-Shar'iah, Ibn Muflih writes that Shaikh Taqiyyuddin Ibn Taymiyyah said: "A credible Jew or Christian who has medical expertise may treat a sick Muslim. Such a person may, likewise, be entrusted with funds or other financial transactions, for Allah, the Exalted, says: 'Among the People of the Book are some who, if entrusted with a hoard of gold, will (readily) pay it back; others, who, if entrusted with a single silver coin, will not repay it unless you constantly stand over them demanding it'.'' (Qur'an 3.75)

We find in a sound hadith that the Prophet, peace be upon him, hired a polytheist as a guide at the time of his migration to Madinah, so he entrusted him with his life and money. The people of the tribe of Khuza'ah, who were both Muslims and non-Muslims, acted as scouts for the Messenger of Allah, peace be upon him. It is also reported that the Prophet, peace be upon him, ordered Muslims to seek treatment from Al-Harith ibn Kaldah, who was a disbeliever. But when a Muslim physician with the expertise is available, one should seek his or her treatment and not turn to anyone else. The same applies when one has to entrust a person with funds or deal with him in business. If a Muslim has to confide in or turn to someone from the people of the Book for medical treatment, he may do so. It is not prohibited to befriend Jews and Christians. And when the Muslim has an opportunity to talk to them, he should address them in ways that are polite and sincere. Indeed, Allah, the Exalted, says: "And do not argue with the people of the Book, except in ways that are best." Qur'an 29.46

In a hadith on the Treaty of Hudaibiyah, Abu Al-Khattab tells us that "the Prophet, peace be upon him, sent a man of the Khuza'ah tribe to gather intelligence, and the Prophet, peace be upon him, accepted his report despite the fact that he was a disbeliever." This proves, according to Abu Al-Khattab, that it is quite permissible to take the advice of a non-believing physician for diagnosis and treatment, provided he is not suspect and his fidelity is not doubtful."

Fiqh 4.7: Permission for a Woman to Seek Medical Treatment from Men

In cases of necessity, it is permissible for a man to treat a woman, and for a woman to treat a man. Bukhari reports from Rubayyie' bint Mu'awwizh ibn 'Afra that she said: "We participated in battles with the Messenger of Allah, peace be upon him, and we (women) provided the people with water, looked after them, and brought the wounded and the dead back to Madinah." (Bukhari, Chapter on "Can a Man Treat a Woman, or a Woman a Man?")

In his book, Al-Fath, Al-Hafiz writes: "When necessary, it is permissible to treat strangers with whom one is not related or not consanguine. Therefore, looking at, probing, and touching, etc., in such cases are also allowed."

In Al-Adab al-Shar'iah Ibn Muflih writes: "If a woman is sick and no female doctor is available, a male doctor may treat her. In such a case the doctor is permitted to examine her, including her genitals. The same applies to a male doctor treating a sick man. Ibn Hamdan says: "If a man is sick and there is no male doctor available to treat him, then he may be treated by a female doctor. She is permitted to examine him, including his genitals." AlQadi writes: "A physician is permitted to look at a woman and her private parts in case of necessity. Likewise, if need be, a woman or a man is permitted to look at the private parts of a man."

Fiqh 4.8: Use of Incantation and Supplications in the Treatment

The use of incantation and supplications is allowed for treatment, provided their content is the remembrance of Allah and they are written in a comprehensible language. Otherwise their content might well contain something polytheistic without one being aware of it. 'Awf ibn Malik reported: "We practiced incantation in the pre-lslamic days so we asked the Messenger of Allah, 'What is your opinion about it?' He said: 'Let me see your incantations.

There is nothing wrong with the incantation that does not contain any polytheistic statements'." (Muslim and Abu Daw-ud)

Ar-Rabi ' says: "I asked Ash-Shafi ' i about incantation. He replied: 'There is nothing wrong in using the Qur'an for incantation or any other words that contain Allah's remembrance.' Then I asked him: 'Is it permissible for Muslims to approach the Christians and the Jews for incantation? ' Ash-Shafi'i replied: 'Yes, provided they use the revelation from Allah and words that contain His remembrance'."

'Aishah reports that the Prophet, peace be upon him, used to seek refuge in Allah for some of his family members. He used to touch them with his right hand, saying: Allahahuma Rabbin nas azhhabal ba'sa, ashfi wa antashafi, la shifa' illa shifa'uka shifa' la yughadiru saqma "O Allah! The Sustainer of mankind! Remove the illness, cure the disease. You are the One Who cures. There is no cure except Your cure. Grant (us) a cure that leaves no illness." (Bukhari and Muslim)

'Uthman ibn Abu Al-'As relates that "once he complained of pain in his body to Allah's Messenger, peace be upon him. The Messenger of Allah, peace be upon him, said: 'Put your hand where you feel pain in your body and say, "Bismillah (in the name of Allah)," and say, "A 'uzhu bi 'izzatillah wa qudratihi min sharri ma ajidu wa uhazhiru (I seek refuge in the might of Allah and in His Power from the evil that I find and that I fear)," seven times'." 'Uthman continued: "I did that a few times and Allah removed my pain. I always advised my family and others to do the same." (Muslim)

Muhammad ibn Salim reported: "Thabit Al-Banani said to me: 'O Muhammad ! When you have any pain, put your hand where you feel pain, then say: Bismallaha'uzhu bi'izatillah min shari ma ajidu min waj'i hazha

"In the Name of Allah! I seek refuge in Allah's might from the evil of this pain. " Then remove your hand, and repeat the same for an odd number of times. Then he said to me that Anas ibn Malik had told him that Allah's Messenger, peace be upon him, had taught this to him." (Tirmizhi)

'Abdullah ibn 'Abbas reported that the Prophet, peace be upon him, said: "When someone visits a sick person whose time of death has not come, and says seven times: As'alu Allah al 'azim Rabbil 'arshil azim an yshfiaka 'I ask Allah, the Mighty, the Lord of the mighty throne, to cure you,'Allah will cure him of that illness." (Reported by Abu Daw'ud and Tirmizhi, who says it is a hasan (good) hadith. Al-Hakim says that it is sound according to Bukhari's criteria)

'Abdullah ibn 'Abbas also narrates that "the Prophet, peace be upon him, used to seek protection for Al-Hasan and Al-Hussain (his grandsons) with the words: A'uzhukuma bi kalamatillahi tamah min kulli shaitanin wa hamatin wa min kulli 'ainin lamatin 'I seek protection for you with Allah's perfect words from every satan and crawling creature and every evil eye.' He also added: 'Your father (Ibrahim) sought protection for Ismai'l and Ishaq with these same words'." (Bukhari)

Sa'd ibn Abi Waqqas reports that "the Prophet, peace be upon him, visited him while he was sick and said: 'O Allah, make Sa'd well! O Allah, make Sa'd well! Make Sa'd well!"' (Muslim)

Fiqh 4.9: Prohibition of Using Amulets

The Messenger of Allah, peace be upon him, prohibited the use of amulets. 'Uqbah ibn 'Amir narrates that the Messenger of Allah, peace be upon him, said: "If anyone wears an amulet, may Allah not help him in fulfilling his wish. If anyone wears a sea-shell around his neck, may Allah give him no peace." (Narrated by Ahmad and Al-Hakim who consider it a sound hadith)

An amulet (tamimah) is a string of shells or beads that the Arabs used to put around their children ' s necks, believing that it would protect them from the evil eye. Islam abolished this superstitious practice. The Messenger of Allah, peace be upon him, prayed against those who wore an amulet out of superstitious belief.

It is reported from Ibn Mas'ud that "once, when he entered his home, he noticed his wife wearing a knotted object round her neck. He took it away and broke it. Then he remarked: 'The family of 'Abdullah has become so arrogant that they now associate with Allah those for whom He has sent down no authority.' Then, he added: 'I have heard the Messenger of Allah, peace be upon him, saying: 'Verily, incantations, amulets, and love charms are acts of shirk (associating false gods with Allah).' The people said: 'O Abu Abdullah! We are familiar with incantations and amulets, but what is a love charm (altawlah)'?'He replied: 'It is a sort of magical formula by which women sought to gain their husbands' love'." (Related by Al-Hakim and Ibn Hibban, and both consider it a sahih hadith) 'Imran ibn Hasin reports that "the Messenger of Allah, peace be upon him, saw a man wearing a bracelet of copper on his arm. The Prophet, peace be upon him, exclaimed to him: 'Woe be to you' What is this? ' The man replied: 'I am suffering from weakness (al-wahinah).' (Al-wahinah is a disease that causes pain in the shoulders and hands. The man was wearing a copper bracelet believing it would relieve his pain and suffering. The Prophet, peace be upon him, prohibited him from wearing it because he regarded it as an amulet) The Prophet, peace be upon him, said: 'It will give you nothing but pain. Throw it away. Had you died while wearing it, you would never have achieved salvation'." (Narrated by Ahmad) 'Isa ibn Hamza said: "I went to see 'Abdullah ibn Hakim and his face was red due to high fever. I said to him: 'Why don't you use an amulet?' He said: 'We seek refuge with Allah from it. The Messenger of Allah, peace be upon him, said: "Whoever wears anything as an amulet will be entrusted to it"."' (Abu Daw'ud)

Fiqh 4.10: Pendants with Words from the Qur'an or Hadith

'Amr ibn Shu'aib relates from his father and from his grandfather, 'Abdullah ibn 'Amr ibn Al-'Aas, that the Prophet, peace be upon him, said: "If one of you is frightened while sleeping, one should say: A'uzhu billah min hamazatish shayatin wa an yahdrun ' I seek refuge in Allah's perfect words from His anger, His chastisement, from the evil of His creatures, and from the suggestions and approach of devils.' Then one will never be harmed." 'Amr ibn Shu'aib related further that 'Abdullah ibn 'Amr "used to teach this prayer to his older sons who could comprehend and memorize. For those who were not able to do so, he wrote these words down, wrapped them as pendants, and made them wear these around their necks." (Narrated by Abu Daw'ud, Nasa'i, and Tirmihi, who says it is an acceptable but unknown hadith. Al-Hakim says it is sound)

'Aishah, Malik, and most of the scholars of the schools of Ash-Shafi'i and Ahmad ibn Hanbal also subscribe to this view. Nevertheless Ibn 'Abbas, Ibn Mas'ud, scholars of the Hanafi school, and some scholars of the Ash-Shafi'i and Hanbali schools, according to one study, are of the opinion that it is not permissible for a person to wear anything as an amulet in the light of the above mentioned general prohibition regarding amulets.

Fiqh 4.11: Prohibition of Someone with a Contagious Disease Living Among the Healthy

Anyone with a contagious disease may be prohibited from living among healthy people. The Prophet, peace be upon him, said: "A sick person must not be brought among the healthy." The Prophet, peace be upon him, prohibited the owner of sick camels from mixing them with the healthy ones of another owner, even though he also stated: "No contagious disease is transmitted without Allah's permission, nor is there any bad omen." It is also reported that the Prophet, peace be upon him, accepted the oath of allegiance from a leper from outside Madinah and did not permit him to enter the city.

The Messenger of Allah, peace be upon him, forbade people to leave or enter a land where there is a plague, in order to check the spread of the contagious disease and confine it to a limited area. In medical terminology this is known as "quarantine." Usamah ibn Zaid said: "The Prophet, peace be upon him, remarked in reference to the plague, 'It is a remnant of the chastisement inflicted upon the Israelites. If a plague breaks out in a place where you are, do not leave that place, and when you hear of its spread in another place, do not go there." (Narrated by Tirmizhi, who considers it a sound hadith)

Ibn 'Abbas reports: "'Umar ibn al-Khattab went to Al-Sham (Syria). When he reached Sargh, the army commanders, Abu Obaidah ibn al-Jarrah, and others received him. They informed him that a plague had broken out in Al-Sham."Ibn Abbas continued, "'Umar assembled the leaders from among the Muhajirin and sought their opinions. They offered conflicting opinions. Some said: 'We have come for a certain objective, and so we should not turn back from it.' Others said: 'With you are others, including some companions of the Messenger of Allah, peace be upon him. We do not believe that you should expose them to this plague.' 'Umar said: 'You may leave.'Then he gathered together the Ansar and asked their opinion. They were unanimous in their advice to him. They said: 'We believe that you should return with the people and you should not expose them to the plague.' Then 'Umar addressed the people, announced that he was going back the next morning, and asked them to be prepared to leave in the morning. ' At this Abu Ubaidah ibn al-Jarrah said: 'O 'Umar! Are you running away from the decree of Allah!' 'Umar replied: 'O Abu Ubaidah! I wish someone else had said this. Yes, we do run from the decree of Allah to the decree of Allah. What if you had a herd of camels and you took them to a valley that had two slopes, one green pasturage and the other dry and barren. Would you not be fulfilling the decree of Allah if you let your herd graze on the green pasture rather than keeping them on the dry barren land?' Just then came Abdurrahman ibn 'Awf. He had been away on some errand. He said: 'I have some knowledge concerning this issue. I heard the Messenger of Allah, peace be upon him, say: "If you hear that an epidemic has broken out in a land, do not approach it. If it attacks a land where you live, then do not leave that land in a bid to escape from it".' Hearing this 'Umar praised Allah and then he departed. This is reported by Bukhari.

Fiqh 4.13: CONTEMPLATION OF DEATH AND PREPARATION FOR IT BY GOOD DEEDS

Allah and His Messenger, peace be upon him, encourage us to contemplate death and be ready for it with good deeds. This is regarded as a sign of goodness. Ibn ' Umar reports: "I came to the Prophet, peace be upon him, and I was the tenth of the first ten people (who embraced Islam). A man from among the Ansar got up and said: "O Prophet of Allah, who is the most sagacious and the most prudent among the people?" He replied: "Those who are most aware of death and prepare themselves for it. They are the wisest of people and will have honor in this world and a generous reward in the Hereafter'." Ibn 'Umar also said that Allah's Messenger, peace be upon him, said: "You should remember the reality that brings an end to all worldly joys and pleasures, namely, death." (Both hadith are narrated by At-Tabarani with a sound chain of narrators)

Ibn Mas'ud narrated that the Messenger of Allah, peace be upon him, explained the following words of Allah, the Exalted: "The hearts of those whom Allah wills to guide, He opens to Islam." (Qur'an 6.125) This means, the Messenger explained, that, "When the light (of truth) enters the heart it expands and opens up." The Companions asked: "Is there any evidence of this (in the life of a Muslim)?" He replied: "Being ever mindful of the eternal life of the Hereafter, and remaining at guard in this life of delusion, and preparing oneself for death before it comes." This is reported by Ibn Jarir through different chains each of which strengthens the other.

It is makruh or "disliked" to wish for one's death, or pray to Allah for it, due to poverty, distress, illness, or the like. The six canonical compilers of hadith narrate on the authority of Anas that the Prophet, peace be upon him, said: "Let no one among you wish for death due to any hardship that may befall him. But if one has no other choice, but to do so, one should say: "O Allah! Grant me life as long as life is good for me, and cause me to die when death is better for me."

The wisdom in the prohibition against wishing for death becomes obvious from a hadith narrated by Umm al-Fadl: "The Prophet, peace be upon him, went to see Al-'Abbas. He found him wishing for death. Thereupon the Prophet said: 'O Abbas! O Uncle of Allah's Messenger! Do not wish for death. If you do good and live long, your good deeds will multiply. Then that is better for you. If you are not good and your death is delayed, you may seek Allah's forgiveness. That is better for you. So do not wish for death'." (Narrated by Ahmad and Al-Hakim, who says it is sound according to Muslim's criteria)

It is permissible, however, to wish for death, and there is no harm in doing so, when one fears persecution that puts one's faith at risk, as is indicated by the following supplication of the Messenger of Allah, peace be upon him: Allahumma inni as'aluka fi'lal khairat wa tarkal munkarat wa hubbal masakin wa an taghfarali wa tarhamani wa izha aradata fitnatan fi qaumi fatawafani ghaira maftunin wa as'aluka hubbaka wa hubba man yuhibbuka wa hubba 'amalin yuqaribu ila hubbika "O Allah! I ask You for the means to do good, to avoid evil, and to love the poor, and I beseech You to forgive me and have mercy on me. When You subject my people to a trial, cause me to die without being affected by it. O Allah! I ask Your love, the love of those who love You, and the love of all such actions that bring one closer to Your Love."(Narrated by Tirmizhi who said it is a good and sound hadith)

'Umar used to pray in these words: Allahumma kabirat sinni wa da'ufat quwwati wa anshrat ra'i-atifaqbidni ilaika ghaira mudayi' wa la mufaratti "O Allah! I have grown old, I have become weak, and my flock has spread far and wide. Therefore, O Allah, take me to You before I fall short of doing my duties or transgress my limits." This is reported by Malik.

Fiqh 4.14: Excellence of a Long Life Enriched with Good Deeds

It is reported by Abdurrahman ibn Abu Bakrah on the authority of his father that a man asked: "O Messenger of Allah ! Who is the best of all people?" He replied, "He who lives long and does good deeds." The man asked, "And who is the worst of men?" The Prophet, peace be upon him, replied: "He who lives long but commits evil." (Narrated by Ahmad and at-Tirrnizhi, who says it is a sound hadith) Abu Hurairah reported that the Prophet, peace be upon him, said, "Shall I tell you who is the best among you?" The Companions said, "Yes, O Allah's Messenger." Thereupon he said, "The best among you are those who live long and are best in deeds." (Narrated by Ahmad and others with a sound chain)

Fiqh 4.15: Good Deeds Prior to Death: An Indication of a Good End

Anas reported that the Prophet, peace be upon him, said: "When Allah intends good for a servant of His, He uses him for good." They asked: "How does Allah use him?" The Prophet, peace be upon him, replied: "He enables him to do good deeds and makes it easy for him before his death and then causes him to die while he is in that state of goodness." (Ahmad, Tirrnizhi, Al-Hakim, and Ibn Hibban)

The patient should remember the boundless mercy of Allah and have a good opinion about his Sustainer. Jabir reported: "I heard the Messenger of Allah, peace be upon him, saying, three nights before his death, 'Let none of you die unless he has a good opinion of Allah'." (Muslim) This hadith encourages the triumph of hope and expectation of forgiveness when one meets Allah, the Exalted. One should be in the state most loved by Allah, since He is the most Gracious, the most Merciful, the most Beneficent, and the most Generous. He loves to forgive those with hope. In the words of a hadith: "Everyone will be raised on the Resurrection Day in the condition in which he died."

It is reported by Anas that "the Prophet, peace be upon him, went to see a young man who was on his deathbed. The Prophet, peace be upon him, asked him: 'How are you?' The young man said: 'I hope for Allah's pardon, but I am fearful because of my sins. ' The Prophet, peace be upon him, said: 'These two things never gather in the heart of a person at such a time without Allah granting him what he hopes for and sheltering him from what he dreads'." (Ibn Majah and Tirmizhi)

It is desirable that righteous people visit patients on their deathbeds and remember Allah.

Umm Salamah reported: "Allah's Messenger, peace be upon him, said, 'When you visit someone who is ill or is dying, say good things about him. Indeed, the angels (present there) say "amen" to whatever you utter'." She added:"When Abu Salamah passed away, I went to the Prophet, peace be upon him, and said, 'Oh Messenger of Allah! Indeed, Abu Salamah has died.' The Prophet said: 'Say: "O Allah! Forgive me and him. Give me in his place a better substitute".' So, I did so and Allah gave me someone better than he. He gave me Muhammad, peace be upon him." (Recorded by Ahmad, Muslim, and the five compilers of the sunan)

In another report she said: "The Messenger of Allah, peace be upon him, came to see Abu Salamah when his sight had become fixed (he had passed away). So the Prophet, peace be upon him, closed his eyes and said: 'When the soul is seized and it leaves the body, the sight follows it.' Some of Abu Salamah's family wept and wailed, whereupon the Prophet, peace be upon him, said: ' Supplicate to Allah only to seek good for yourselves, because the angels (who are present) say "amen" to whatever you utter.' Then he said: 'O Allah! Forgive Abu Salamah; raise his station among (Your) rightly guided servants; and take good care of his family that he has left behind. O Lord of the Worlds ! Forgive him and us, make his grave spacious, and put light therein for him." (Muslim)

Fiqh 4.16: What Should be Done When Someone Dies

It is sunnah to do the following when a person dies:

-1- Advise the dying person to say: "La ilaha illa-Allah" (there is no god but Allah). It is narrated on the authority of Abu Sa'id al-Khudri that the Prophet, peace be upon him, said: "Prompt your dying people to say: 'La ilaha illa-Allah'." (Muslim, Abu Daw'ud, Tirmizhi) Another report on the authority of Mu'azh ibn Jabal states that the Messenger of Allah, peace be upon him, said: "He whose last words are 'La ilaha illa- Allah' shall enter Paradise." (Narrated by Abu Daw'ud; Al-Hakim considers it a sound hadith)

This prompting (talqin) is necessary only when the dying person is unable to utter the shahadah (La ilaha illa- Allah . . . ). If such a person is able to utter these words then there is no need for prompting, but he should rather be advised to do so. Such advice is useful in cases of persons who are in possession of their faculties of reason and speech. If one is already mentally impaired such advice cannot be of benefit. But one who is unable to speak might say these words in his heart. The scholars are of the opinion that no pressure should be put on the dying person. So one should not say to him, "Say, 'La ilaha ill-Allah'," lest he should become annoyed and utter something improper. One may say the shahadah, however, in such a way that the dying person might be able to hear it and repeat it. If he utters it once, he should not be asked to repeat it unless he says some words after it. In such a case he should be asked to repeat shahadah to ensure that it be his last utterance.

Most scholars are of the opinion that one attending a dying person may repeat only the words: "La ilaha ill-Allah," according to the apparent meaning of the hadith. Others are of the opinion that the dying person should be prompted to utter the two testimonies (that is, "I bear witness that there is no god but Allah, and I bear witness that Muhammad is His servant and Messenger"). The purpose is to remind him of the Oneness of Allah, which includes both of the two testimonies.

-2- Lay the dying person so that the qibla is on his right side. To this effect it is recorded that Abu Qatadah said: "Upon arrival in Madinah, the Prophet, peace be upon him, enquired about a person called al-Bara ibn Ma'rur. The people told the Prophet, peace be upon him, that he had died, and had willed one-third of his property to the Prophet, peace be upon him, and that his face be turned toward the Ka'bah at the time of his death. Hearing this, the Prophet, peace be upon him, said: 'He has been true to his innate nature. I return the one-third of his property to his children. ' Then the Prophet, peace be upon him, left and offered a prayer for him and prayed, saying: 'O Allah! Forgive him, have mercy on him, and cause him to enter Your Paradise. Indeed, You have accepted this prayer'." (Narrated by Al-Baihaqi and Al-Hakim, who observes: "I know of no hadith, other than this one, with regard to turning the face of a dying person toward Ka'bah.")

Ahmad reported that Fatimah, the daughter of the Prophet, peace be upon him, at the time of her death, turned toward the Ka'bah and placed her right hand under her head. This is the sleeping position recommended by the Prophet, peace be upon him, and in a grave, a dead body should also be placed in the same position. A report recorded from Ash-Shafi'i says: The body of the deceased should be laid flat on his back with his feet toward the Ka'bah, and his face raised a little, facing it. The majority of scholars, however favor the first position and hold it to be preferable.

-3- Recite Surah Ya Sin from the Qur'an. (Surah 36 of the Qur'an) This is reported by Ahmad, Abu Daw'ud, Nasa'i, Al-Hakim, and Ibn Hibban, and the last two of them grade it as a sound hadith. They report also on the authority of M'aqil ibn Yasar, that the Prophet, peace be upon him, said: "Ya Sin is the heart of the Qur'an. Whoever recites it seeking the pleasure of Allah and the hereafter will receive Allah's forgiveness. So recite it to your dead." (Ibn al-Qattan considers this hadith weak and manifests some confusion, doubt, and even ignorance about some of its narrators. Ad-Dar al-Qutni is reported to have said: "In the chain of narrators of this hadith there is confusion. Its text is obscure and is not correct.")

Ibn Hibban observes: This hadith refers to the recitation of Ya Sin for those on the eve of death and not for those already dead. This interpretation is supported by Ahmad, who recorded in his Al-Musnad that Safwan states: "The most eminent scholars say: 'The recitation of Surah Ya Sin at the time of a person's death makes death easy for him'. "The compiler of Musnad al-Firdaus attributes this hadith to Abu ad-Darda and Abu Zharr. They both narrated: "The Prophet, peace be upon him, said: 'If any person is on his deathbed and Ya Sin is recited to him, Allah makes his suffering easier'."

-4- Close the eyes of the deceased. It is narrated by Muslim that the Prophet, peace be upon him, went to visit Abu Salmah. He saw that his eyes were wide open and blank with the stare of death. So the Prophet, peace be upon him, closed his eyes and said: "Verily, when a soul is seized, the eyesight follows it."

-5- Cover the deceased: 'Aishah said: "When the Messenger of Allah died, he was covered with a piece of cloth that had some designs on it." This is reported by Bukhari and Muslim. The objective here is clearly to safeguard the respect and dignity of the deceased in death against prying eyes and against the exposure of his or her body to the idle curiosity of those looking for changes in its physical condition and features.

There is a consensus among scholars regarding the permissibility of kissing a dead person. The Prophet, peace be upon him, kissed 'Uthman ibn Maz'un after his death. Similarly, when the Prophet died, Abu Bakr leaned over him and kissed him between his eyes saying: "O my Prophet! O my best friend! !"

-6- Prepare the body for burial without delay, as soon as death is confirmed (by specialists i. e., a qualified physician or the like).

The guardian of the deceased should wash, wrap, and arrange for the burial of the body soon after the funeral prayer for the deceased, because the body might deteriorate if burial is delayed. This is based on a report, recorded by Abu Daw'ud from al-Husayn ibn Wujuh that when Talhah ibn al-Bara fell ill, the Prophet, peace upon him, said: "I see that Talhah is on the verge of death. Inform me about him (when he passes away) and make immediate preparations for his burial, for a Muslim's remains should not be left long with his family after his death."

The burial may be delayed only for the guardian, provided no physical deterioration in the condition of the body is feared from such delay. Ahmad and Tirmizhi report on the authority of Ali ibn Abu Talib that the Prophet, peace be upon him, said: "O Ali, never delay three things: prayer when its time approaches, the funeral when death is confirmed, and marrying a widow or a divorcee when a suitable match is found for her."

-7- Settle the debt of the deceased. Ahmad, Ibn Majah, and Tirmizhi have recorded a hadith on the authority of Abu Hurairah that the Messenger of Allah said: "A believer's soul remains in suspense until all his debts are paid off." Tirmizhi considers this a sound hadith.

This means that the judgement regarding a soul's salvation or perdition or its entry into Paradise is held in abeyance until its debts are fully paid off and settled. This applies to a person who leaves some property upon his death. His debt should be paid out of the property that he leaves behind. In the case of a person who dies in debt which he sincerely intended to pay, but has no property (nor leaves any behind to pay his debt), according to a confirmed report, his debt will be settled by Allah, the Exalted. Concerning a person who dies in debt with sufficient means to pay it and was willing to do so, but his heirs do not pay it, Bukhari records on the authority of Abu Hurayrah that the Prophet, peace be upon him, said: "If anyone takes other people's money with the intention to repay it and then he or she should die without settling the debt, Allah will pay the debt on his behalf. And if anyone takes money or property (of others) with the intention of destroying it, Allah will destroy him."

A hadith recorded by Ahmad, Abu Nu'aym, Al-Bazzar, and At-Tabarani from the Prophet, peace be upon him, says: "The debtor will be summoned before Allah on the Day of Judgement. Then Allah will ask him: 'O Son of Adam ! Why did you incur debt and infringe on others ' rights? ' The man would reply: 'My Lord! You know I took it, but I neither abused nor lost it. It was stolen or bumed in a fire or lost its value.' Allah, the Almighty and Exalted, will say: 'My slave has told the truth, and I am more entitled (than anyone else) to settle his debt. Then Allah will issue a command and something will be placed on his scales causing his good deeds to outweigh his bad ones. And so, by Allah's Grace, he will enter Paradise'."

The Prophet, peace be upon him, did not perform funeral prayers for those who had died in debt. When, however, Allah the Almighty, granted him certain lands as a result of conquests, and the community's wealth increased, he offered funeral prayer for them and settled their debts.

Bukhari reports that the Messenger of Allah, peace be upon him, said: "I am nearer to the believers than their own selves. So if someone dies leaving behind debt, but no wherewithal to settle it, we shall pay his debt, and if someone dies and leaves some estate behind him, it is for his heirs (to pay his debt)."

This hadith shows that the debt of a deceased Muslim may be paid from the public exchequer out of the zakah funds specified as the portion for the people in debt. This is one of the prescribed categories of zakah recipients. Death by itself does not annul one's debt or other responsibilities to the living.

Fiqh 4.19: On invoking Allah upon witnessing Death

Saying: "Inna lillahi wa inna ilayhi raji'un" (We belong to Allah and truly to Him we shall Return)

A believer should, at the death of a relative or a friend, invoke Allah and say: "Verily we belong to Allah, and truly to Him shall we return." The following reports show that to do so is commendable.

Ahmad and Muslim reported from Umm Salmah that she said: "I heard the Prophet, peace be upon him, saying: "If a servant of Allah is afflicted with a misfortune and says: Inna lillahi wa inna ilayhi raji'un, Allahumma ajirni fi musibati wa akhlif li khairan minha 'Verily we belong to Allah and truly to Him shall we return. O Allah! Protect me in this calamity that has befallen me and replace it with something better,'

Allah will accept his prayer, grant him reward for his affliction, and replace it with something better." She added: "When Abu Salmah (her husband) died, I invoked Allah in the words taught to me by the Prophet, peace be upon him, and Allah did grant me someone better than he, i.e., (He gave me) the Messenger of Allah (as a husband)."

Tirmizhi reports from Abu Musa al-Ash'ari that the Prophet, peace be upon him, said: "When a child of a servant of Allah passes away, Allah says to the angels: 'Did you take the soul of My servant's child?' They say: 'Yes.' He, the Almighty, says: 'Did you take away the apple of my servant's eye?' They say: 'Yes.' He, the Almighty says: 'What did My servant say at this?' They say: 'He praised You and said: "Inna lillahi wa inna ilayhi raji'a un (Verily we belong to Allah and to Him shall we return)." At this Allah says: ' Build for My servant a mansion in Paradise and call it the House of Praise (bayt al-hamd)'." Tirmizhi says this is a sound hadith.

Bukhari has reported from Abu Hurairah that the Prophet, peace be upon him, said: "Allah, the Exalted and Glorious says: 'I have no better reward than Paradise for a believing servant of Mine who is patient and resigned when I take away one of his beloved, one among those he most cherishes in the world."

"Those who say, when afflicted with calamity, 'To Allah we belong, and to Him is our return,' are those on whom descend blessings from Allah, and mercy, and they are the ones who receive guidance." 55 Commenting on these verses of the Qur'an, Ibn Abbas said: "Allah, the Almighty and the Exalted, informs us that when a believer is patient and resigned after a misfortune visits him and invokes Allah, Allah will grant him three (good) merits: blessings, mercy, and guidance to the right path."

Fiqh 4.20: Informing the Deceased's Family and Friends

The scholars consider it desirable that the deceased's family, friends, and other good people be informed about his death, so that they may share in the reward of participating in his funeral. It is reported in Sihah Sittah on the authority of Abu Hurairah that the Prophet, peace be upon him, informed his companions about the death of Negus (Najashi), the King of Abyssinia, the day that he passed away. And then the Prophet, peace be upon him, led them to the prayer ground where he lined them up and offered funeral prayer (for him) with four takbirs.

Ahmad and Bukhari narrate from Anas that the Prophet, peace be upon him, informed the people about the death of his companions, Zaid, J'afar, and Ibn Rawahah, commanders of the Muslim army in the Battle of Mu' tah, before they received any news from the battlefield. Tirmizhi observes that there is no harm in informing the family and close relations of the deceased person about his death. Al-Baihaqi says he was told that Malik ibn Anas disliked announcing someone's death at the gates of the mosque, but found nothing wrong with going around inside the mosque to the various groups of students there and informing them of someone's death.

A report, recorded by Ahmad and Tirmizhi on the authority of Huzhaifah, says that Huzhaifah said: "When I pass away, let no one vex me, for I am afraid (my death will be announced) and it may be regarded (as an invitation to) mourning. And I heard that the Prophet, peace be upon him, forbade announcing the death of a person as an invitation to mourning. This refers to a practice of the pre-Islamic period. In those days when a noble died they would send a horseman to various tribes to inform them about his death saying: 'The people are devastated on account of the death of so and so.' Such an announcement was (always) accompanied by crying and weeping."

Fiqh 4.21: Weeping Over the Dead

Muslim scholars are agreed that weeping for the dead is permissible, whereas crying and wailing are not. It is reported in a sound hadith that the Prophet, peace be upon him, said: "Allah does not punish a person for shedding tears or feeling pain in his heart. But He does punish, though he may show mercy, because of (what he utters with) this," and then he pointed to his tongue.

The Prophet, peace be upon him, wept on the death of his son, Ibrahim, and said: "The eyes shed tears and the heart feels pain, but we utter only what pleases our Lord. O Ibrahim! We are aggrieved at your demise." He also wept when his grand daughter, Umaymah, daughter of Zainab, died. At this Sa'ad ibn 'Ubadah said: "O Messenger of Allah! Are you weeping? Did you not forbid Zainab from weeping?" The Prophet, peace be upon him, replied: "This (weeping) is the mercy that Allah has placed in the hearts of His servants. And surely Allah bestows mercy upon those who are merciful among His servants." A report is transmitted by At-Tabarani on the authority of Abdullah ibn Zaid to the effect that weeping without wailing is permitted.

Weeping aloud and wailing cause pain and suffering to the dead person. It is reported from Ibn 'Umar that when 'Umar was stabbed and he became unconscious the people around him began crying loudly. When he regained consciousness he said to them: "Don't you know that the Messenger of Allah said: 'A dead person is tormented by the wailing of the living'."

Abu Musa reports that when 'Umar was wounded Suhaib cried: "O my dear brother!" At this 'Umar said: "O Suhaib! Don't you know that the Messenger of Allah said: 'A dead person is tormented by the wailing of the living people'."

Al-Mughirah ibn Sh'ubah reports that he heard the Prophet, peace be upon him, saying: "The one who is wailed for is tortured on account of it." The above hadith are reported by Bukhari and Muslim.

These hadith mean that a dead person feels pain and displeasure when his family wails over him, for he hears their wailing and their deeds are shown to him. This does not mean that the dead are actually punished and tormented because of the wailing of their families for them, because the Qur'an says that a person is not accountable for the actions of others.

Ibn Jarir reported from Abu Hurairah that he said: "Your deeds are shown to your dead relatives. So if these are good, they are pleased, and if these are bad, they despise them."

Ahmad and Tirmizhi reported on the authority of Anas that the Prophet, peace be upon him, said: "Your deeds are shown to your dead relatives and kinsfolk. So if these are good they are pleased, and if these are bad they say: 'O Allah! Let them not die until You have guided them to the right path as You guided us before'."

An-N'uman ibn Bashir reports: "Abdullah ibn Rawahah fainted and his sister, 'Amrah, started wailing: 'O my monumental loss!' 'O, my this and that!' When he regained consciousness, he said to her: 'Every time you said something (about me) I was asked, "Are you really what she said?"'." This is narrated by Bukhari.

Fiqh 4.22: Wailing over the Dead

Wailing refers to mourning in a loud voice and crying in a high pitch, which was prohibited by the Prophet, peace be upon him, . Abu Malik alAsh'ari reported that the Prophet, peace be upon him, said: "Four practices of the pre-Islamic days of Ignorance will continue to be practiced by my ummah: taking pride in one's parentage, giving a person a father other than his own genealogical father, believing that rain is caused by some stars, and wailing over the dead." He further said: "A (professional) mourner, unless she repents before her death, will be raised on the Day of Judgement wearing a garment of tar and an armor of blistering puss." This is narrated by Ahmad and Muslim.

Umm 'Atiyyah reports: "The Messenger of Allah made us pledge that we will not wail over (the dead)" (Bukhari and Muslim). Al-Bazzar has transmitted, through a sound chain of authorities the report that the Prophet, peace be upon him, said: "Two sounds are accursed in this world and in the hereafter: the sound of wind instruments (to celebrate) good fortune, and of moaning aloud when afflicted with a misfortune."

Abu Musa is reported to have said: 'I declare my disavowal of all that Allah's Messenger disavowed. The Messenger of Allah disavowed publically a woman who mourns loudly, one who shaves her head, and one who tears her clothes in mourning" (Bukhari and Muslim).

Ahmad narrates from Anas that he said: "The Prophet, peace be upon him, made the women pledge, while giving their allegiance to him, not to mourn loudly for the dead. Thereupon they asked him, 'O Messenger of Allah, some women helped us (in mourning our dead) during the pre-Islamic days. Should we (also in return) help them (in mourning their dead) now that we are Muslims? ' He replied: 'There is no such thing in Islam (i. e., helping each other to mourn the dead loudly)'."

Fiqh 4.23: Mourning for a Deceased

It is permissible for a woman to mourn for a period of three days on the death of a near relative, provided that her husband does not object to her doing so. It is not permissible for her to mourn for more than three days, except in the case of her husband's death, when she is to mourn for four months and ten days, which is a legally prescribed period of waiting or "iddah". This is reported by the group, (The compilers of the six most reliable hadith books generally known as Sihah Sitta) except Tirmizhi. They report from Umm 'Atiyyah, that the Messenger of Allah said: "A woman should not mourn for any deceased person for more than three days, except in the case of her husband's death, which she may mourn for a period of four months and ten days. Such a woman (in mourning) is not to wear any (brightly) colored dress. She may wear only plain dress. During this period she should not use any adornment or eye makeup, nor wear any perfume, nor dye her hands and feet with henna, nor comb her hair, except at the end of her menstruation period, when she may use some cleaning or refreshing agents (such as perfume, etc. ) to get rid of any offensive smell left over from her period." Accordingly, when a widow mourns, she must not use any adornment, such as jewelry, kohl, 58 silk, perfume, or henna dye on her hands and feet. A widow must observe this waiting period in deference to her late husband's memory and to fulfill her obligations toward him.

Abdullah ibn Ja'far reported that the Messenger of Allah, peace be upon him, said: "Prepare some food for the family of Ja'far, for what has befallen them is keeping them preoccupied." This is narrated by Abu Daw'ud, Ibn Majah and Tirmizhi, who grades it as a sound hadith.

The Prophet, peace be upon him, recommended this practice for it is an act of virtue and kindness and brings friends and neighbors closer to each other.

Ash-Shafi'i said: "It is recommended that the relatives of the deceased prepare enough food to feed all the deceased's family for one day and night, for it is the sunnah of the Prophet, peace be upon him, and a practice of good people."

The scholars hold it commendable to urge the deceased's family to eat so that their sorrow or excessive grief will not cause them to avoid food and thereby become weak. These scholars also hold that to offer food to the women while they are mourning loudly is not permissible, for it would be helping them in something sinful.

All the schools of Islamic law disapprove of the deceased's family preparing food for the people coming to pay their condolences, for it adds to their grief and further encumbers them unnecessarily. Such a practice would also resemble the custom of the Arabs before Islam. Referring to this practice, Jarir says: "(In those days) we considered it a part of mourning to assemble at the deceased's house and prepare food after burial for those gathered there." Some scholars consider this to be absolutely forbidden (haram).

Ibn Qudamah observes: 'It is permissible, however, when there is genuine need for it, since sometimes people attending the funeral may be from distant places, and they have to stay with the family of the deceased, in which case the family has to host such guests.

Fiqh 4.24: Preparing the Kafan (Shroud) and Grave Before Death

Bukhari deals with this subject in a chapter entitled: "Those Who Prepared the Kafan in the Prophet's Days without him objecting to it. Reporting on the authority of Sahl, Bukhari says: "A woman came to the Prophet, peace be upon him, with a woven piece of cloth that had two seams on its edges. She said: 'I wove it with my own hands in order to wear it. ' The Prophet, peace be upon him, took it because he needed it. He wrapped it around his waist so that it covered the lower half of his body, and he came toward us. A man praised it, saying: 'This is a very nice cloth! Why don't you give it to me to wear?' Some of the people present there reproached the man for they knew that the Prophet needed that cloth and that he never denied anyone's request. The man replied: 'By Allah, I asked him for it not to wear it, but to save it and use it as my kafan'." Sahl continues: "And (later when he died) that same piece of cloth was used as his kafan."

Commenting on the above chapter of Bukhari, Al-Hafiz ibn Hajar says: "Bukhari phrased it so as to show that though (initially) the companions disliked the man's request for the cloth from the Prophet, they did not disapprove of it when he explained to them the reason for his request. This proves that it is permissible for a person to arrange during his lifetime for the things he will need after his death, such as a kafan or a grave." He cites Ibn Battal who said it is permissible to arrange for something before it is actually needed. Furthermore Al-Hafiz observes: "Some righteous people did indeed have their graves dug and prepared for them during their lifetime." Al-Zain ibn al-Munir criticized him, saying that the companions of the Prophet, peace be upon him, did not do so, and that if doing so (preparing one's grave during one's lifetime) were desirable most of them would have done so.

Commenting on this Al-'Aini says: "The fact that it was not done by the companions of the Prophet does not imply that doing so is not permissible, for if an act is deemed good by Muslims, then it is also good in the sight of Allah, especially when it is practiced by some of the most pious scholars."

Ahmad said: "There is nothing wrong if a person purchases a site for his burial and makes a will to the effect that he is to be buried there. 'Uthman, 'Aishah, and 'Umar ibn Abd al-'Aziz, all did so."

Fiqh 4.25: The Desire to Die in the Haramain (Sacred precincts around the Ka'aba in Makkah and the Mosque of the Prophet in Madinah)

The desire to die in either of the sanctuaries in Makkah and Madinah is commendable. Bukhari has reported on the authority of Hafsah that 'Umar said: "O Allah ! Grant me martyrdom in Your cause, and cause me to die in the city of Your Prophet, peace be upon him." Thereupon Hafsa asked him: "Why do you pray for such a thing?" He said: "Allah willing, I shall get what I have prayed for."

At-Tabarani reported on the authority of Jabir that the Prophet, peace be upon him, said: "He who dies in one of the two sanctuaries will be raised in peace on the Day of Resurrection." Among the narrators of this hadith are Musa ibn Abdul al-Rahman, who is mentioned as trustworthy by Ibn Hibban and Abdullah ibn al-Mu'amil. Ahmad regards the hadith as weak, while Ibn Hibban considers it sound.

Abu Daw'ud reported from 'Ubaid ibn Khalid al-Sullami, a companion of the Prophet, peace be upon him, that once he narrated from ' Ubaid and another time from the Prophet himself, peace be upon him, saying: "Being caught unawares by a sudden death is a grievous misfortune." This hadith has been reported by Abdullah ibn Mas'ud, Anas ibn Malik, Abu Hurairah and 'Aishah, but all these narrations are weak for one or another reason. Al-Azdi says: This hadith has been reported through diverse chains of narrators, but none are reported on sound authority from the Prophet, peace be upon him.

Bukhari reported from Anas that the Prophet, peace be upon him, said: "A Muslim who loses three of his children before they come of age will be brought to Paradise by Allah as a mercy to him for losing them."

Bukhari and Muslim reported from Abu Sa'id al-Khudri that he said: "Some women asked the Prophet, peace be upon him: 'Appoint a (separate) day to (admonish) us.' The Prophet, peace be upon him, told them: 'If a (Muslim) woman's three children die, they will be a protection for her from Hell.' A woman asked him, 'And what if two of her children die?' He replied: 'And (even) if two of her children die'."

Fiqh 4.26: The Life-Span of Muslims

Tirmizhi reported from Abu Hurairah that the Prophet, peace be upon him, said: "The life-span of those in my ummah is 60 to 70 years. And a very few of them will exceed this span."

Bukhari and Muslim reported from Abu Qatadah that once, when the Prophet passed by a funeral, he said: "He is (now) in peace secure from others and others are in peace secure from him." The people asked: "O Allah's Messenger! Who is in peace and from whom are others in peace?" He said: "A believing servant (of Allah) is relieved from afflictions of this world upon his death, while upon the death of a wicked person, other people, land, trees, and animals are rid of his evil."

The body of the deceased person must be prepared for burial, washed, and shrouded, and a funeral prayer must be offered for him. Then he should be buried.

The majority of jurists are of the opinion that washing the body of a dead Muslim is a fard kifayah or a collective obligation. If some people attend to it, it is done on behalf of all, as commanded by Allah's Messenger, peace be upon him, and practiced by the Muslim community.

The body of a deceased Muslim, other than one killed in a battlefield by the infidels, should be washed.

There is a difference of opinion among Muslim jurists concerning washing parts severed from a body. According to Ash-Shafi'i, Ahmad and Ibn Hazm these parts must be washed and shrouded, and funeral prayer should be offered for the departed soul.

Ash-Shafi'i said: "We were informed that a bird dropped a (human) hand in Makkah after the Battle of the Camel. The people identified it by a ring on one of its fingers (It was the hand of Abdul al-Rahman ibn 'Itab ibn Usayd (probably killed in the battle). It was washed and a (funeral) prayer was offered on it. This was witnessed by many Companions alive at the time.

Ahmad said: Abu Ayub offered funeral prayer on a (severed) foot of a dead person, while 'Umar offered prayer on a dead man's bones.

Ibn Hazm said: "A funeral prayer may be offered on any organ found from a dead Muslim's body. It should be washed and shrouded, except when it is part of a martyr' s body." Ibn Hazm further remarks that offering prayer on any organ found from a Muslim's body is analogous to praying for the whole person of the deceased, namely, for body and soul.

Abu Hanifah and Malik say, however, that, "If more than half of a Muslim 's body is found, then it should be washed and funeral prayer be offered on it, but otherwise it should not be washed nor should any funeral prayer be offered on it.

Fiqh 4.27: A Martyr does not need to be Washed

The body of a martyr, that is, a Muslim killed in a battle at the hands of disbelievers, may not be washed even though it is in a state of major ritual impurity. His body should be enshrouded in the clothes he wore when he died if they are good enough for the purpose. Otherwise some additional cloth may be used to enshroud his body according to the sunnah. The body of such a person should be buried in its blood-stained state. None of his blood should be washed off.

Ahmad reported: "The Prophet, peace be upon him, said: "Do not wash those who die as martyrs, for their every wound or drop of blood will exude a fragrance like musk on the Day of Judgement." The Prophet, peace be upon him, ordered the martyrs of the Battle of Uhud to be buried in their bloodstained clothes. They were not washed, nor any funeral prayer offered for them.

Ash-Shafi'i said: "Burying the martyrs without washing or offering funeral prayer on them may be explained by the fact that they shall meet Allah with their wounds exuding fragrance like musk. The honor bestowed on them by Allah frees them from the need for funeral prayers by others. Moreover it makes things easier for the surviving Muslims, who may have received injuries in battle and fear the enemy's attack, and may be concerned about the security of their families and their families' worries about them.

Abdullah ibn Ja'far reported that the Messenger of Allah, peace be upon him, said: "Prepare some food for the family of Ja'far, for what has befallen them is keeping them preoccupied." This is narrated by Abu Daw'ud, Ibn Majah and Tirmizhi, who grades it as a sound hadith.

It is said that the wisdom behind not offering a funeral prayer on a martyr is that it is offered for a dead person, whereas a martyr is not dead but alive. Another reason may be that since prayer is a kind of intercession, the martyrs do not need it. In fact they will intercede for others.

Fiqh 4.28: The Martyrs whose Bodies must be Washed and for whom Funeral Prayer must be Performed

Those who are not killed in a battle by disbelievers, though they may be regarded as martyrs in Islamic law, should be washed and funeral prayer said for them.

The bodies of such martyrs, during the Prophet's time, were washed. Later on Muslims, during the days of 'Umar, 'Uthman, and 'Ali, continued this practice (washing the bodies of such martyrs). We give below details about these martyrs.

Jabir ibn 'Utaik reported that Allah's Messenger said: "There are seven kinds of martyrs besides those killed in the cause of Allah:

-1- a person who is killed in an epidemic,

-2- a person who is drowned,

-3- a person who has bed sores that cause fever and a bad cough resulting in his death,

-4- a person who dies of a stomach disease,

-5- a person who dies in a fire,

-6- a person who dies under falling debris (in a disaster), and

-7- a woman who dies during childbirth." Ahmad, Abu Daw'ud and Nasa'i report this hadith based on sound authority.

Abu Hurairah reported that Allah's Messenger, peace be upon him, asked: "Who do you consider to be a martyr?" They said: "O Allah's Prophet, he who is killed fighting for the cause of Allah." The Prophet, peace be upon him, said: "(If this is so) then very few in my community will be martyrs! " They asked: "Who else are they, O Allah's Messenger?" He said: "He who is killed fighting for Allah's cause is a martyr, he who dies in the cause of Allah is a martyr, he who dies in an epidemic is a martyr, he who dies from a stomach disease is a martyr, and the one who dies of drowning is (also) a martyr." This hadith is narrated by Muslim.

Sa'id ibn Zaid reported that the Prophet, peace be upon him, said: "He who is killed while guarding his property is a martyr, he who is killed while defending himself is a martyr, and he who is killed defending his religion is a martyr, and he who dies protecting his family is (also) a martyr." This hadith is narrated by Ahmad and Tirmizhi. The latter considers it a sound hadith.

It is not necessary for a Muslim to wash a disbeliever's body. Some scholars, however, consider it permissible. According to the Maliki and Hanbali schools, a Muslim may not wash a disbeliever' s body even if he is one of his near of kin. Similarly a Muslim is not permitted to shroud him or bury him unless it is feared that the body would decompose because of weather conditions, or that it would attract predatory beasts, etc. In such a case, he may be buried in a hole and covered with dust. This opinion is based on a tradition transmitted by Ahmad, Abu Daw'ud, Nasa'i and Al-Baihaqi on the authority of Ali who said: "I said to Allah's Messenger 'Your uncle, the old misguided man, has passed away. ' The Prophet, peace be upon him, said: 'Go and bury your father and do not do anything else until you return to me'." ' Ali said: "I did as he had told me and went back to him. The Prophet, peace be upon him, ordered me to take a bath, and then he prayed for me."

Ibn al-Munzhir says there is nothing specific reported from the Prophet, peace be upon him, about the procedure of washing the dead body.

Fiqh 4.29: Washing a Dead Body

The entire body must be washed with water, at least once, regardless of whether the deceased is a male and needed a ritual bath, or a female who was menstruating at the time (of her death). It is recommended that the body be placed on an elevated surface i.e., a table or a board. It then should be stripped of clothes, but his 'awra (private parts) should be covered. (Ash-Shafi'i says that it is better to wash the body of the deceased wearing a shirt, if it is thin enough to let water reach the body. The Prophet, peace be upon him, was washed this way, but it was done only in his case. The common practice has been to cover the 'awra and wash the body) At the washing, only people whose presence is needed may stay.

The washer, male or female, must be a trustworthy and pious person who will not broadcast what he or she might see except what is good.

Ibn Majah reports that the Prophet, peace be upon him, said: "Trustworthy persons should wash your dead." A washer must utter his or her intention to wash the body of a specific person. Then he should begin by lightly pressing the stomach of the deceased so as to expel, if possible, any remnants from it, and then wash the body of all impurities. The washer should use a wash cloth or wrap his or her hand with it, because touching the private parts of the dead is haram (forbidden). Then he or she should wash the deceased as in wudu (ablution) for the salah (obligatory prayers). The Prophet, peace be upon him, is reported to have said: "Begin washing the dead by washing organs on the right, and those parts that are washed in ablution." This is in order to crystalize the mark of the believer's parts of the body always washed during wudu that will shine forth brightly on the Day of Judgement. Then beginning from its right side, the body should be washed with soap and water, three times. If soap is not available, then washing with ordinary water will suffice. If the washer feels that three washes are not enough to cleanse the body properly, then he may wash it five or seven times. According to a sahih hadith, the Prophet, peace be upon him, said: "Wash the dead body an odd number of times, that is, three, five, or seven, or more if you feel it is necessary." (Ibn Abd al-Barr observes: "I know about no one who recommended more than seven washes." Ahmad and Ibn al-Munzhir disliked to exceed beyond seven)

Ibn al-Munzhir said: "The Prophet instructed the female washers to wash the dead body more than seven times in case they felt it was necessary to do so, but it must be an odd number of times. If the deceased is a female, then her hair should be loosened, washed, redone, and placed behind her back. According to a hadith narrated by Umm 'Atiyyah the hair of the Prophet's daughter was done in three plaits. I asked: 'Did they loosen her hair and then redo them in three braids?' She said: 'Yes'." Muslim reports this in these words: "We braided her hair in three braids, on both sides and in front (of her)." In his Sahih, Ibn Hibban says: "They did so in compliance with the order of the Prophet: 'Do her hair in three plaits'."

After having washed the body, it should be dried with a clean cloth lest the shroud should get wet. Then some perfume should be applied to it. The Prophet, peace be upon him, said: "When you apply perfume (to the dead), apply it an odd number of times after washing it." This is reported by AlBaihaqi, Al-Hakim and Ibn Hibban, of whom the last two consider it a sound hadith.

Abu Wa'il said: "Ali had some musk, and he requested that it be applied to his body upon his death. This was of what was left from the perfume used on the body of the Prophet upon his death."

The majority of scholars are of the opinion that clipping a deceased's finger nails, trimming his mustache, shaving the hair under his arms or from his private parts is makruh (disliked). Ibn Hazm, however, considers it permissible.

The scholars are agreed that the body of the deceased be rewashed if the stomach excrete something (i.e., urine or stool) after it had been washed and prior to being shrouded. They differ, however, whether in such a case the entire body should be rewashed. Some hold that the body must be washed again in such a case. Others are of the opinion that there is no need to wash the whole body again, while still others hold that at least wudu (ablution) must be repeated in such a case. Some others hold that in such a case the entire washing must be repeated.

The opinions of most scholars concerning washing of the dead are based on the hadith transmitted by the group on the authority of Umm 'Atiyyah who said: "The Prophet came to our house when his daughter died, and said: 'Wash her three times, five times, or more than that if you consider it necessary, with water and sidr (lotus tree leaves), and after the last wash apply some camphor to the body, and inform me after you have done so.' So when we finished washing we informed him. He gave us a cloth that he wore around his waist, and told us to wrap her in it as a first sheet of shroud."

The reason for using camphor, as mentioned by some scholars, is its pleasant smell, since burial is a time when angels are present. Besides, it is cool and has a soothing effect, especially when the body stiffens, and helps keep various insects away from the body, thus preventing its early decomposition. In case camphor is not available, any other substance that has these or some of these properties may be used instead.

Fiqh 4.30: Cleaning the Body by Tayammum When Water is Unavailable

If there is no water to wash the dead body, then it may be cleaned with tayammum (ablution with dust), for Allah says in the Qur'an: "If you do not find water, then perform tayammum (ablution with dust)." And the Prophet said: "The entire earth has been made pure and a mosque for me." Similarly if it is feared that the body might deteriorate if it is washed, then it may be given a tayammum.

The same applies to a woman who passes away when there is no other woman around to wash her, or if a man dies and there are only women but no man to wash him. Abu Daw'ud in his collection of Marasil, and Al-Baihaqi on the authority of Makhul, report that the Prophet, peace be upon him, said: "If a woman dies while she is with men and there is no other woman with them, or if a man dies while with woman, and there is no other man there, then the body of the dead person may be given a tayammum instead of washing it and then it should be buried. They both will be regarded as ones who died when there was no water available to wash (and purify)."

The body of a woman shall be given tayammum by one of her mahrim consanguine relatives with his hand. If there is no consanguine relative present, then any other man can give her a tayammum by wrapping a piece of cloth around his hand. This is the opinion of Abu Hanifah and Ahmad. Malik and Ash-Shafi'i are of the view that "if a male relative of the deceased is available, then he should wash the body of the dead woman, for in matters of 'awrah ('Awrah (Arabic), those parts of a person's body which must be covered. A man must cover the front and back of his pubic region. There is disagreement about the navel, thighs, and knees. There is, however, no disagreement over what constitutes a woman's 'awrah. Her entire body is 'awrah and must be covered, except her hands and face) (nakedness of the private parts) and being alone with a woman, she is considered and treated in such a case as a male person for him.

In Al-Murawwa it is noted that Malik said: "I heard the scholars saying: 'If a woman dies and there is no other woman there to wash her, nor any male consanguine relative nor her husband who could undertake this responsibility, then she should be given a tayammum, wiping her face and hands with dry soil'." Malik said: "The same should be done in the case of a man who dies and there are only women around him." (Ibn Hazm holds that if a man dies while among women and there is no man around, or if a woman dies while among men with no other woman around, then the women may wash the body of the man and the men the body of the woman while covered in thick cloth. The water should be poured over the whole body without any physical contact. He is of the view that tayamm~m may not be given instead of a wash except when no water is available)

Fiqh 4.31: One Spouse Washing the Other

The jurists are agreed on the permissibility of a wife washing the body of her dead husband. 'Aishah said: "Had I known then what I know now, I would not have allowed anyone, except his wives, to wash the body of the Prophet." This has been transmitted by Ahmad and Abu Daw'ud, and by al-Hakim, who considers it a sound hadith.

There is a difference of opinion, however, on the permissibility of the husband washing the body of his dead wife. The majority of scholars, nonetheless, consider it permissible, as is shown by a report, narrated by ad-Daraqutni and Al-Baihaqi, that Ali washed the body of Fatimah on her death. This is also supported by a hadith that the Prophet, peace be upon him, said to 'Aishah: "If you die before me, I will myself wash you and enshroud you." Ibn Majah records this hadith.

The Hanafi school holds that it is not permissible for a husband to wash his wife's dead body, and if there is no other woman available then he should give her tayammum. However, the above hadith prove the contrary of this view.

Fiqh 4.32: A Woman Washing a Boy

Ibn al-Munzhir said: "All great scholars are agreed that a woman may wash the body of a young boy."

Fiqh 4.33: Legal Status of the Shroud

Shrouding the body of the deceased, even it be with just one piece of cloth, is a collective obligation (fard kifayah) of the Muslims. Bukhari narrated from Khabbab that he said: "We migrated with Allah's Messenger, peace be upon him, seeking Allah's pleasure, and we hope He will reward us for that. In the meanwhile some of us died and received no reward in this life. One of them was Musa'ab ibn 'Umayr, who was killed in the Battle of Uhud. We did not find anything to shroud him in except a piece of cloth. When we covered his head, his feet would show, and if we covered his feet, his head would show. Allah ' s Messenger, peace be upon him, ordered us to use the cloth to cover his head with it and cover his feet with some grass." 66

In shrouding, the following practices are recommended and should be observed while preparing a body for burial.

-1- The shroud should be nice, clean, and large enough to cover the entire body. This is based on a narration of Ibn Majah and Tirmizhi, who regard it a sound hadith from Abu Qatadah that the Prophet, peace be upon him, said: "If one of you is a guardian to his deceased brother, he should give him the best shroud he can."

-2- A shroud should be white, as it is recorded by Ahmad, Abu Daw'ud, and Tirmizhi on the authority of Ibn 'Abbas that the Prophet, peace be upon him, said: "Wear white clothes, for these are your best clothes, and enshroud your dead in them." Tirmizhi considers it a sound hadith.

-3- The shroud should be scented and perfumed. The hadith is cited by Ahmad and by Al-Hakim, who regards it as sound, in accordance with Jabir's narration that the Prophet, peace be upon him, said: "If you perfume a dead body, do it three times." Abu Sa'id, Ibn 'Umar, and Ibn 'Abbas directed their heirs in their wills to perfume their shrouds with aloes-wood.

-4- The shroud should be three wraps for a man and five wraps for a woman, in light of what is narrated by the group from 'Aishah who said: "The Messenger of Allah, peace be upon him, was wrapped in three pieces of new white sheets of cloth from Yemen, without a shirt or a turban."

Tirmizhi said: "The majority of the scholars among the Companions of the Prophet (may Allah be pleased with them) and others hold this view." Sufyan Al-Thawri said: "A (deceased) male should be shrouded in three pieces of cloth, or a shirt and two loose pieces of cloth, or (if necessary) three wraps of cloth.

One wrap may suffice if nothing else is available. Two wraps will also suffice, but three wraps are preferable for those who can afford it. This is the opinion of Ash-Shafi'i, Ahmad, and Ishaq. They hold that a deceased female should be enshrouded in five sheets.

It is reported from Umm 'Atiyyah that the Prophet, peace be upon him, gave her a loincloth, a shirt, a scarf, and two pieces of cloth (to be used as a shroud for him). Ibn Al-Munzhir said: "Most of the scholars, our teachers, are of the opinion that a woman should be shrouded in five sheets of cloth.

Fiqh 4.34: Shrouding a Pilgrim

If a pilgrim dies, he is to be washed the same way any non-pilgrim is washed. He should be shrouded in his ihram (two pieces of seamless cloth which the pilgrims don during umrah or hajj. His head should not be covered, nor should any perfume be applied to his body, because the restrictions of ihram still apply to him. This is based on what the group reported from Ibn 'Abbas, who said: "During the last hajj, a man, mounted on a horse, was close to Allah's Prophet, peace be upon him, and was trying to learn more from him, when he suddenly fell off his mount. The horse kicked him and killed him. When the Prophet, peace be upon him, was told about him, he said: 'Wash him with water and lotus (leaves), then wrap him in his two sheets, and do not perfume his body nor cover his head, for Allah, the Exalted, will raise him on the Day of Resurrection with talbiyah (The prayer uttered during hajj by the pilgrims) on his lips'."

The Hanafi and Maliki schools hold that when a pilgrim dies, then his state of ihram is terminated, so that thereafter he may be shrouded like any nonpilgrim. His shroud may be sewn, his head may be covered, and he may be perfumed. In their opinion the case of the man who died while with the Prophet, peace be upon him, during the Hajj season is of a special case and does not set a precedent for other cases. Nevertheless the reason given (for not covering his head or perfuming his body . . ) applies generally. The statement that he will be raised on the Day of Judgement with talbiyah on his tongue clearly applies to all who die in the state of ihram, because it is a well established juristic principle that a ruling true for one case is also true and applicable to other similar cases, unless there is something indicating that the case is specific in nature and limited in scope.

Fiqh 4.35: Extravagance in Shrouding is Disliked

A shroud should be nice, but not so extravagantly expensive that it would unduly burden a person.

Ash-Shafi'i remarked, "Ali said: 'Do not be extravagant in shrouding me. I have heard Allah's Messenger, peace be upon him, say: "Do not be extravagant in preparing your shroud for it will soon be taken away."' This is narrated by Abu Daw'ud, in whose chain of narrators is a man called Abu Malik, who is of somewhat dubious character.

It is narrated that Huzhaifah said, "Do not be extravagant in preparing the shroud. Buy for my shroud two clean white sheets of cloth."

Abu Bakr said: "Wash this garment of mine, and add another two sheets of cloth, and shroud me in them." At this 'Aishah said, "This garment that you are wearing is old and worn out." He said, "The living are more deserving of the new garments than the dead. This shroud is only to absorb the secretions of the body."

It is not permissible for a man to be buried in a silk shroud, but it is permissible for a woman. This is based on the following saying of Allah's Messenger, peace be upon him, concerning silk and gold: "Both of these things, i.e. gold and silk, are forbidden for the males of my ummah, but they are permissible for the females."

Many scholars, however, disapprove of a woman using a silk shroud, because this is extravagant and a waste of money and therefore forbidden. These scholars differentiate between the permissibility for a woman to wear ornaments during her lifetime and the practice of beautifying the shroud after her death.

Ahmad said: "I do not like a woman to be shrouded in silk." Likewise Al-Hasan, Ibn al-Mubarak, and Ishaq expressed their disapproval. Ibn AlMunzhir said, "I know of no other scholars with a different view on this subject."

A person who dies and leaves some money behind should have his shroud purchased with his money. If the deceased did not leave any money, then, whoever is responsible for taking care of his living expenses should provide his shroud. In case the deceased leaves no money and there is no one to take care of him, then his shroud should be purchased by the Public Treasury of the Muslims. Otherwise individual Muslims should take care of it. The same applies in case of both the males and the females.

Ibn Hazm said: "The cost of a woman 's shroud and the digging of her grave should be met out of her own money. Her husband is not obliged to pay for it, for the properties of Muslims are forbidden to be used except by the authority of the Qur'an or sunnah.

The Prophet, peace be upon him, said, "Verily, your blood and property are sacred and are forbidden to each other." Allah, the Exalted, imposed on a husband the responsibility of providing his wife with food, clothing, and housing. The shroud is not synonymous with clothing, according to the language in which Allah chose to address us, nor is the grave equivalent to housing.

Fiqh 4.37: Funeral Prayer, its Legal Status

There is a consensus among all the great Muslim jurists that a funeral prayer for a deceased person is a collective obligation or fard kifayah. The Prophet, peace be upon him, commanded the Muslims to offer it, and they have been doing so ever since they received this commandment.

Abu Hurairah reported that when the Prophet, peace be upon him, was informed of the death of a person, he used to ask: Does he owe anything to anyone?' If the answer was in the affirmative, he would then ask: 'Has he (the deceased) left anything to settle his debt?' If he had left something to settle his debt, he would offer the funeral prayer for him. Otherwise, he would say to the Muslims: 'Offer a (funeral) prayer for your brother"' (Bukhari and Muslim).

Abu Hurairah narrates that the Prophet, peace be upon him, said: "Whoever follows a funeral procession and offers the prayer for the deceased, will get one kerat 68 of reward. And whoever follows it and remains with it until the body is buried, will get two kerats of reward, the least of which is equal in weight to 'Mount Uhud' or he said 'one of them is like Uhud.' The narrator is not certain as to the exact words used by the Prophet, peace be upon him. This is reported by the group.

Khabbab reported that he asked "O 'Abdullah Ibn 'Umar! Did you hear what Abu Hurairah says? He says that he heard Allah's Messenger, saying. 'Whoever leaves his house to attend a funeral prayer, offers funeral prayer, and then follows the funeral procession until the body is buried will receive two kerats of reward, each of which is like the mountain of Uhud. And whoever offers the funeral prayer and then leaves for home (This proves that a person does not need permission of the family of the deceased to leave after attending the funeral) will get a reward like the mountain of Uhud" (Muslim). Ibn 'Umar sent Khabbab to 'Aishah asking her about the statement of Abu Hurairah. She said, "Abu Hurairah has told the truth." When Ibn ' Umar was informed about this he said, "We have indeed lost many a kerat."

Fiqh 4.38: Requisite Conditions for Funeral Prayer

The prerequisites for a funeral prayer are the same as for the obligatory prayers. Anyone intending to offer funeral prayer must be in a state of purity, be free from all minor and major impurities, must cover his or her "awrah," and stand facing the direction of the Ka'bah.

Malik reported from Nafi' that Abdullah Ibn 'Umar used to say: "One should not offer a funeral prayer unless he is in a state of purity."

The funeral prayer differs from the prescribed prayers in that there is no fixed time for offering it. It may be offered at any time, including the times when regular prayers may not be offered. This is the opinion of the Hanafi and Shafi'i schools. Ahmad, Ibn Al-Mubarak, and Ishaq dislike offering a funeral prayer at sunrise, at noon when the sun is at its zenith, and at dusk when the sun is about to set, except in cases when it is feared that if delayed, the body might decompose.

Certain requirements must be met for a valid funeral prayer, and failure to meet any of these may invalidate the prayer. These requirements are given below:

-1- Intention

The real intention is what is in the heart, and its verbal utterance is not legally required. Allah says in the Qur'an: "And they have been commanded no more than this: To worship Allah, offering Him sincere devotion, being true in (faith)." Qur'an 98.5 And the Prophet, peace be upon him, said: "Verily, all deeds (of a person) will be judged in the light of the intentions behind them, and every person will attain what he intends."

-2- Standing Prayer

The majority of scholars regard it as an essential condition for a valid funeral prayer to stand while praying if one is physically able to do so. A funeral prayer offered while sitting or riding, without any valid excuse, is not valid.

It is reported in Al-Mughni "It is not permissible for one to offer a funeral prayer while riding, as in this case an essential condition - standing while praying - would be missing." This is the opinion of Abu Hanifah, Ash-Shafi'i, and Abu Thaur. There is no difference on this point. It is preferable to put one's hands together, placing the right on the left, as is done in the prescribed regular prayer. Some disagree, but in our view it is better and preferable.

-3- Loud Recitation of Four Takbirs

This is based on a report transmitted by both Bukhari and Muslim on the authority of Jabir who said: "Allah's Messenger, peace be upon him, offered funeral prayers for Najashi (Negus) and said four takbirs. (That is, he said Allahu akbar four times)

Tirmizhi said: Most of the learned Companions of the Prophet (may Allah be pleased with them) and others followed and acted in accordance with the above example of the Prophet. They hold that four takbirs should be said in a funeral prayer. Among these scholars are Sufyan, Malik, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq.

Fiqh 4.39: Raising of One's Hands During the Takbirs

It is sunnah to raise one's hands while uttering the first takbir. There is nothing related from the Prophet, peace be upon him, to show that he raised his hands in funeral prayer except for the first takbir. Ash-Shawkani mentions various opinions about takbirs and the arguments for them and says: "In short nothing except the first takhir is reported from the Prophet, peace be upon him. The acts and sayings of the Companions of the Prophet (may Allah bless them) by themselves do not constitute a conclusive argument. Therefore one should raise one's hands only on saying the first lakhir. For the rest of the (three) takbirs no such instruction is available, except when one changes from one posture to another as in the regular prayer. There is no such change of posture required in the funeral prayer, so there is no need for raising hands in other than the first "takbir".

(Abu Hanifah and Malik regard these as two essential requisites of funeral prayer)

Ash-Shafi'i has in his Musnad narrated from Abu Umamah ibn Sahl that one of the Companions of the Prophet (may Allah be pleased with them) told him that when offering a (funeral) prayer it is sunnah for the imam to say aloud Allahu Akbar (first opening takbir), then to recite al-Fatihah silently in his heart, and then send salutations to the Prophet, peace be upon him, and then pray for forgiveness of the deceased. Nothing else is to be recited in between takbirs. Finally, he should end his prayer with salutations in his heart. (According to the majority of scholars, reciting al-fatihah, sending blessings upon the Prophet, supplicating for the deceased, and salutations are sunnah. In the case of the imam, however, it is sunnah to utter the takbir and salutations aloud in order to communicate with those praying with him) The author of Al-Fath says: "The chain of narrators of this hadith is sound."

Bukhari reported from Talha ibn Abdullah that he said: "I offered a funeral prayer that was led by Ibn Abbas. He recited Al-Fatihah and said: 'This is a sunnah of the Prophet, peace be upon him."' Tirmizhi also reported this and remarked that this has been the practice of some of the learned among the Companions of the Prophet (may Allah be pleased with them). Others prefer to recite Al-Fatihah after the first takbir. This is the opinion of Ash-Shafi'i, Ahmad, and Ishaq. Some others hold that Al-Fatihah is not to be recited in a funeral prayer. The funeral prayer should consist of praise for Allah (thana), blessings (salawat) upon the Prophet, peace be upon him, and a prayer (du'a) for forgiveness of the deceased. This is the opinion of Al-Thawri and other scholars of Kufah. Those who hold the recitation of al-Fatihah in a funeral prayer obligatory argue that the Prophet, peace be upon him, called it a prayer (salat) when he said: "Offer prayer (sallu) for your deceased friend." And as no prayer can be complete without al-Fatihah, for the Prophet, peace be upon him, also told us "no prayer is valid unless al-Fatihall is recited in it."

Fiqh 4.40: Invoking Blessings Upon Allah's Prophet

Prayer for peace and blessings upon the Prophet, peace be upon him, may be said in any form. If someone were to say: "O Allah, bless Muhammad," it should suffice. It is better, however, to use the prayers transmitted through tradition, like the following:: Extravagance in Shrouding is Disliked

(Allahumma Salli 'ala-Muhammad wa'ala ali Muhammad kama sallayta 'ala Ibrahim wa 'ala ali Ibrahim wa barik 'ala Muhammad wa 'ala ali Muhammad kama barakta' ala Ibrahim wa 'ala ali Ibrahim innaka hamidun Majid)." "O Allah! Grant peace to Muhammad and his family as you did to Ibrahim and his family. O Allah! Bless Muhammad and his family as you blessed Ibrahim and his family. Truly You are Most Glorious and Most Praiseworthy.'

This should be said after the second takbir, as is obvious, though there is nothing specifically reported in this regard as to its precise place in the funeral prayer.

This is a basic element of funeral prayer according to the consensus of juristic opinion. The Prophet, peace be upon him, said: "When you offer a funeral prayer for a deceased person, pray sincerely for him to Allah." This is reported by Abu Daw'ud, Al-Baihaqi and Ibn Hibban, who said it is a sound hadith.

For this purpose any supplication, even a brief one, may be used. It is recommended, however, to use one of the following supplications reported from the Prophet, peace be upon him:

-1- Abu Hurairah said: The Prophet, peace be upon him, prayed in one of the funeral prayers: Allahumma anta Rubbuha wa ant khalaqtaha wa anta razaqtaha wa ant hadaytaha lil lslam wa anta qabadata ruha-ha wa anta alamu bisirriha wa 'alaniyatiha. Ji'nashuf'ala-hafaghfir laha zanbaha "Oh Allah ! You are her Sustainer, You are her Creator, You provided her with sustenance, guided her to Islam, caused her to die, and You best know her secret and public life. We plead to You on her behalf to forgive her sins."

-2- Wa'ilah ibn al-Asqa reported: "The Prophet, peace be upon him, led us in a funeral prayer for a man from among the Muslims. I heard him saying: Allahumma inna fulana ibna fulan fi zhimatika wa habla jawaraka, fa-qihu min fitnatal qabri wa azhabin nar wa anta ahlal wafa' wal haq, allahumma faghfirlahu war-rahmhufa innaka antal ghafurur Raheem. 'O Allah! So-and-so, son of so-and-so, is under Your protection and mercy, so protect him from the trial of the grave and the torture of Hell Fire. You are the guardian of the truthful and the faithful. OAllah! Forgive him and be merciful to him, as You are the Most Merciful, Most Forgiving'." Narrated by Ahmad and Abu Daw'ud.

-3- ' Awf ibn Malik reported: "I heard the Prophet, peace be upon him, while offering a funeral prayer, say: Allahumma-ghfir lahu war-rhamhu wa'fu anhu wa 'afahu wa akrim nuzulahu wa wassi' mudkhalahu waghsilhu bi-ma' ind wa thalj wa barad wa naqi minal khataya kama yunaqi athaubu danis minad danas wa abdilhu daran khairan min darihi wa ahlan khairan min ahlihi wa zaujan khairan min zaujihi wa qih fitnatal qabr wa azhaban nar. 'O Allah! Forgive him, have mercy on him, pardon him, heal him, be generous to him, cause his entrance to be wide and comfortable, wash him with the most pure and clean water, and purify him from sins as a white garment is washed clean of dirt. Give him in exchange a home better than his home (on earth) and a family better than his family, and a wife better than his wife, and protect him from the trial of the grave and the torture of Hell Fire'." This is narrated by Muslim.

-4- It is reported from Abu Hurairah that the Prophet, peace be upon him, offered a funeral prayer and said: Allahummaghfir lihayatina wa mayatina wa saghirina wa kahirina wa zhakirina wa unthana. Allahumma man ahyatahu minna fa-ahyahu 'alal Islam wa man tawafthu minna fa-tawafthu 'ala iman. Allahumma la tahrimna ajrahu wa la tudalana ba'dahu. "O Allah! Forgive our living, our dead, our young, our old, our males and our females, those of us who are present, and those who are absent. O Allah! Whomsoever among us You keep to live, make him to live in Islam, and whomsoever You cause to die, let him die in faith. O Allah! Do not deprive us of our reward for (supplicating for) him, and cause us not to go astray after him." This is narrated by Ahmad and the other Sunan books. (Authentic canonical collections of hadith)

If the deceased is a child, then it is desirable to pray: Allahumma 'ij'alhu lana salafan wa zhukhran. "O Allah! Make him our forerunner and make him (a means of) reward for us and a treasure." Bukhari and Al-Baihaqi report it from Al-Hasan. Nawawi said: "If the deceased is a child, a boy or a girl, one should say what is reported in the hadith, namely, "O Allah! Forgive our living, our dead, . . . ," and add the words: Allahumma 'ij'alhu faratan li-abwaihi wa salafan wa zhukhran wa izatan wa i'tibaran wa shafi'an wa thaqil bihi mawazlnahumma wa afrlghas sabra 'ala qulubihima wa la taftinhumma ba'dahu wa la tuharim-humma ajrahu. "O Allah, make him (or her) for hisparents a forerunner, a treasure and an admonition, an honor, an intercessor, and cause him (or her) to make their scales of good deeds heavier (on the Day of Judgement). O Allah! Grant them patience, and O Allah! Do not put them to trial after him (or her) nor deprive them of his (or her) reward."

Fiqh 4.43: Timing of Supplications

Ash-Shawkani said: There are no fixed times for these prayers. One may use any of these after all the takbirs, or after the first or second or third takbir, or divide it between each two takbirs, or say any of these prayers in between each two takbirs in the light of the practice of the Prophet, peace be upon him. It is also said that supplications should be done in the words given in the above reported hadith for both male or female dead persons.

It is preferred to supplicate for the deceased after the fourth takbir, even though the supplicant rnay have done so after the third takbir. This is based on a narration by Ahmad on the authority of ' Abdullah ibn Abi Awfa who said that when his daughter died, at his funeral prayer for her he made four takbirs. After the fourth takbir, he stood supplicating for as much as he did in between the other takbirs. Then he said: "The Prophet, peace be upon him, used to do the same in a funeral prayer."

Ash-Shafi'i said: "After the fourth takbir one may say, Allahumma la tuharimna ajrahu wa la taftinna ba'dahu. 'O Allah! Do not deprive us of reward for (supplicating for) him/her, nor put us to trial after him (or her)'."

Ibn Abu Hurairah said: "After the fourth takbir the elders used to say: Allahumma Rabbana atina fi ad-Dunya hasanatan wafi al-Akhirati hasanatan wa qina 'azhab an-Nar. 'O Allah! Grant us good in this life and good in the life to come, and save us from the torment of Hell Fire."

All jurists with the exception of Abu Hanifah are in agreement that the two salutations (saying assalamu 'alaikum wa rahmatullah), one to the right and the other to the left, are obligatory. Abu Hanifah, however is of the view that they are required, but not obligatory as a condition. Those who hold it to be obligatory argue that the funeral prayer is a prayer (salah), and as such it cannot be terminated except by salutations (to the right and left).

Ibn Mas'ud said: "Salutations at the end of a funeral prayer are similar to those said at the end of any formal prayer. The minimum that would suffice in this respect is to say: "As-Salamu 'Alaikum" or "salamun 'alaikum" (the peace be with you or peace be with you)."

Ahmad is of the opinion that one salutation - the salutation to the right - is sunnah, and there is no harm if one says it while looking straight ahead. This is based on the practice of the Prophet, peace be upon him, and his Companions who ended their funeral prayer with one salutation. No difference of opinion among them is on record on this issue.

Ash-Shafi'i holds that two salutations, turning one's face first to the right and then to the left, are commendable. Ibn Hazm said: "The second salutation is remembrance of Allah, and an act of virtue."

Fiqh 4.44: Summary for Funeral Prayer

-1- Make sure that you meet all the requirements for a formal prayer (salah);

-2- Stand up with the intention of supplicating for the deceased;

-3- Raise both hands with a takbir (takbirat al ihram);

-4- Fold your right hand over your left hand;

-5- Commence the funeral prayer with the (silent) recitation of Al-Fatihah.

-6- After Al-Fatihah say another takbir,

-7- Offer salutations to the Prophet, peace be upon him, and end with a takbir.

-8- Now supplicate for the deceased, and end with a takbir.

-9- Make a general supplication.

-10- End the prayer with salutations (to the right and to the left side).

It is sunnah for the imam to stand opposite the head of a male body, and opposite the middle of a female body. This is based on a hadith reported from Anas that he offered a funeral prayer for a male standing opposite his head. As soon as the body of the man was removed, a female body was brought in for funeral prayer. He led the prayer standing opposite the middle of her body. Thereupon he was asked, "Did the Prophet, peace be upon him, stand where you stood in the cases of a man and a woman?" He answered: "Yes." This is narrated by Ahmad, Abu Daw'ud, Ibn Majah and Tirmizhi, who regards it as a sound hadith. Al-Tahawi said: This is the most preferred position, because it is supported by other reports from Allah's Messenger, peace be upon him.

If there are a number of bodies, including both male and female, they should be placed in separate rows, between the imam and the direction of the Ka'abah, with the best among them nearer to the imam, and a single funeral prayer may be offered for all of them.

If the deceased include both male and female, a separate prayer for each may be offered. But it is also permissible to offer one prayer for all of them at once. In such a case the male should be placed immediately before the Imam and then the female in the direction of the Qiblah.

It is reported by Nafi' from Ibn 'Umar that he offered a funeral prayer for nine of the deceased, males and females. He placed the males closest to the imam and then the females in the direction of the Qiblah. He placed all of them in one row. The funeral of Umm Kulthum, daughter of 'Ali and the wife of 'Umar, and her son called Zaid, was led by Sa'id ibn al-'As, and among the people attending this funeral were Ibn Abbas, Abu Hurairah, Abu Sa'id and Abu Qatadah. The little boy was placed before the imam. A man said: "I do not like this arrangement, and looked towards Ibn 'Abbas, Abu Hurairah, Abu Sa'id and Abu Qatadah, and said to them: "What is this?" They replied: "This is the sunnah of the Prophet, peace be upon him,. This was narrated by Nasa'i and Al-Baihaqi, and Al-Hafiz says its chain of authorities is sound.

Another hadith says that if a funeral prayer is offered for a child together with a woman, the boy should be placed nearer the imam and the woman next to it in the direction of the Qiblah. And if there are men, women and children, then the children should be placed next to the men.

Fiqh 4.45: Three Rows for a Funeral Prayer are Commended

It is recommended that the people should make three rows ( The minimum number of people for a row is two persons) while offering a funeral prayer, and that these rows should be straight. This is based on a report from Malik ibn Habairah who said: "The Prophet, peace be upon him, said: 'Every believer who dies is forgiven by Allah if a group of Muslims comprising three rows prays for him'." That is why, if there were not many people attending a funeral prayer, Malik ibn Habayrah would make them stand in three rows. This is narrated by Ahmad, Abu Daw'ud, Ibn Majah, Tirmizhi, and Al-Hakim, who considers it a sound hadith.

Ahmad said: "If the number of people present at the funeral prayer is very small I would still prefer that they make three rows." He was asked: "What if there are only four people present?" He replied: "They may make two rows, with two persons in each line." He did not like three rows with each of them consisting of only one person.

A larger gathering of people for the funeral prayer is preferable, as is reported by 'Aishah who said: "The Prophet, peace be upon him, said, 'If a Muslim dies and his funeral prayer is attended by a group of a hundred Muslims, and they all sincerely pray for his forgiveness, he is forgiven'." This is narrated by Ahmad, Muslim, and Tirmizhi.

Ibn 'Abbas reported: "I heard the Prophet, peace be upon him, saying: 'If a Muslim dies and a group of forty people, who do not associate any one with Allah, pray for him, their prayer is accepted and he is forgiven' ." This has been narrated by Ahmad, Muslim, and Abu Daw'ud.

Fiqh 4.46: Arriving Late for Funeral Prayer

A person who misses a part of a funeral prayer should make up the missed takbirs--making them consecutively. This is preferable, but if he cannot do it there is no harm. Ibn 'Umar, Al-Hasan, Ayyub Al-Sukhtiani, and Al-Awza'i are of the opinion that such a person is not required to repeat the missed takbirs, and he should finish his prayer with the salutations led by the imam.

Ahmad said: "If he cannot make the missed takbirs, there is no harm." The author of Al-Mughni prefers this opinion and remarks: "It is supported by a saying of Ibn ' Umar and there is nothing on record from the Companions of the Prophet (may Allah be pleased with them) to contradict it. It is reported by 'Aishah that she said to the Prophet, peace be upon him, "O Allah's Messenger, sometimes when I offer a funeral prayer, I cannot hear some of the takbirs by the imam?" He replied: "Say the takbir that you hear and do not worry about the ones that you miss. You do not have to repeat these later on." This statement is quite explicit. These are consecutive--uninterrupted--takbirs and, if missed, they need not be repeated like the ones in the 'Eid prayer.

There is a consensus among the jurists that funeral prayer is offered for all Muslims, male or female, and young or old. Ibn Al-Munzhir said: "The scholars are in agreement that if it is established that an infant is born alive, that is, by his crying, sneezing, or moving etc., then, if it dies, a funeral prayer should be offered for it."

Al-Mughirah ibn Shu'bah reports that the Prophet, peace be upon him, said: "One may ride one's mount behind the funeral, and walk on foot a little ahead of it or to its right or left. A funeral prayer should be offered for an aborted baby, seeking for his parents the mercy and forgiveness of Allah." This is reported by Ahmad and Abu Daw'ud. Another narration reads: "A person on foot may walk behind a funeral, or ahead of it, or on its left side or right side or still nearer to it." According to another report, "A rider should ride behind the funeral, whereas one on foot may walk anywhere. And a funeral prayer should be offered for a child." This is reported by Ahmad, Nasa'i, and Tirmizhi, who consider it a sound hadith.

A miscarried fetus, less than four months old, may not be washed, nor may a funeral prayer be offered for it. It should be wrapped in a piece of cloth and buried. The majority of jurists are in agreement on this point.

On the other hand, if a miscarried fetus is four months old or older, and the existence of life in it is established, then there is a consensus that it should be washed and a funeral prayer offered for it. But if its life is not established by its movements or other evidence, then according to Malik, Al-Awza'i, AlHasan, and the Hanafi school, funeral prayer may not be offered for it. They base their opinion on a hadith transmitted by Tirmizhi, Nasa'i, Ibn Majah, and Al-Baihaqi on the authority of Jabir that the Prophet, peace be upon him, said: "If in a miscarried fetus life is established by its movements, a funeral prayer should be offered for it, and it is entitled to its share of inheritance." According to this hadith offering a funeral prayer for a miscarried fetus is conditioned upon proof of its life evident in signs of life, such as its movement, etc.

Ahmad, Sa' id, Ibn Sirin, and Ishaq are of the opinion that in the light of the above hadith, a miscarried fetus may be washed and a funeral prayer may be offered for it. The words used in this hadith are "a funeral prayer should be offered for a miscarried fetus" because it has a soul and is alive. The Prophet, peace be upon him, informed us that a fetus receives a soul when it is four months old. Others refute this argument with the assertion that there is confusion in the chain of narrators of this hadith, and besides, a stronger hadith contradicts it. But this alone does not constitute a valid argument.

Fiqh 4.47: Funeral Prayer for a Martyr

A martyr is one who is killed in a battlefield fighting the enemies of Islam. All the hadith on this subject are quite explicit that no funeral prayer may be offered for a martyr.

Bukhari has narrated from Jabir that the Prophet, peace be upon him, ordered that the martyrs of the battle of Uhud be buried while they were still bleeding. He neither washed them nor offered a funeral prayer for them.

Ahmad, Ahu Daw 'ud and Tirmizhi reported that Anas said: "The martyrs of Uhud were not washed. They were buried with their wounds unwashed, and no funeral prayer was offered for them."

There are, however, some hadith that are equally explicit and state that a funeral prayer should be offered for martyrs. Bukhari reported from 'Uqbah ibn 'Amir that one day the Prophet, peace be upon him, went out and offered a funeral prayer for the martyrs of Uhud, eight years after their death, as if he were bidding farewell to both the living and the dead.

Abu Malik Al-Ghafari reported: "The bodies of the martyrs of Uhud were brought in batches of nine and placed with the body of Hamzah, who served as the tenth. Then the Prophet, peace be upon him, offered a funeral prayer for them. After that the nine bodies were removed leaving Hamzah undisturbed. Then a batch of another nine martyrs was brought and placed beside Hamzah. The Prophet, peace be upon him, offered a funeral prayer for them as well. This way the Prophet offered funeral prayer for all of them. This hadith has been narrated by Al-Baihaqi, who says: "This is the most sound hadith on this subject. It is, however, a mursal hadith. (Mursal: A hadith that rests on a chain of authonties going no further back than the second generation after the Prophet (peace be upon him))

The difference in the narrations in these various hadith has led jurists to differ on this matter. Some take all of them together, while others prefer some narrations over others. Ibn Hazm holds that either--offering or not offering (funeral prayer for the martyrs)--is permissible. It is alright whether or not a funeral prayer is offered for the martyrs. In one of his statements Ahmad has also expressed a similar view. Ibn al-Qayyim approves of this view and says: "The correct position in this regard is that one is given a choice whether or not to offer a funeral prayer (for a martyr), because there are reports in favor of both positions." This is the opinion also of Ahmad, and he is the proper person to describe the principles of his school. He says: "What is apparent from this is that no funeral prayer was offered for the martyrs of Uhud before burying them. There were seventy people who fell martyrs in that battle, and any funeral prayer for them could not have taken place in secret."

The hadith reported by Jabir ibn 'Abd Allah that the Prophet, peace be upon him, did not offer funeral prayer for these martyrs is sound and very explicit. Jabir' s father was among those who were killed that day, and he knew what few besides him knew.

Abu Hanifah, Al-Thawri, Al-Hasan, and Ibn Al-Musayiyaib, however, are inclined to the reports stating that the Prophet, peace be upon him, did offer funeral prayer for the martyrs. They hold that a funeral prayer must be offered for martyrs. However, Malik, Ash-Shafi'i, Ishaq, and, according to one report, Ahmad, prefer the reports that say no funeral prayer is to be offered for martyrs. Ash-Shafi'i in his Kitab al-Umm writes: "All reports received concerning this subject are sound and show that the Prophet, peace be upon him, did not offer funeral prayer for the martyrs of Uhud. Those who report that he offered funeral prayer for them and said seventy takbirs for Hamzah are not correct. Those who turn away from these sound hadith should be ashamed of themselves. The hadith reported by 'Uqbah ibn 'Amir also states that the Prophet, peace be upon him, did so eight years after their death, as if he were bidding them farewell. This does not constitute abrogation of an established practice. (See Al-Umm. by Ash-Shafi'i)

Fiqh 4.48: A Person Surviving a Battle but later Dying of Wounds

If one is wounded in a battle, but survives, remains in a stable condition for a while, and then dies, he should be washed, and a funeral prayer should be offered for him, even though he may be a martyr. The Prophet, peace be upon him, washed Sa'd ibn Mu'azh, and offered a funeral prayer for him, after he died of his hand wounds. Sa'd was taken to the mosque, where he remained for a few days, and then he died as a martyr because of his infected wound.

If on the other hand, a wounded fighter does not survive in a stable condition, or he just talked or drank water and thereafter died, he is not to be washed or offered a funeral prayer.

The author of Al-Mughni states: "It is recorded in Futuh Al-Sham, that a man said: "I took some water to give a drink to my cousin if he were still alive after some injuries in the battle. On the way, I passed by Al-Harith ibn Hisham, who was also wounded in the same battle. I wanted to give him a drink, but he noticed that another wounded man was looking toward him for a drink. At this he pointed that I should first give this man a drink. I went toward him to give him a drink, but he also found another man looking to him. So he gestured that I should first give him the drink. Thus they all died. None of them was washed or offered a funeral prayer although they all died after the battle.

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