548. Giving Ghusl, Kafan, Hunoot, Namaz, and burial to every dead Muslim,regardless of whether he/she is an Ithna-Asheri or not, is wajib on the guardian.Theguardian must either discharge all these duties himself or appoint someone todo them. And if anyone performs these duties, with or without the permissionof the guardian, the guardian will be relieved of his responsibility.
And if the dead person had no guardian, or if the guardian refuses to dischargehis duties, then these duties will be obligatory upon all equally, as Wajib-e-Kifaeewhich means if some people undertake to fulfil the obligation, others will berelieved of the responsibility. And if no one undertakes to do so, all willbe equally sinful. And when a guardian refuses to discharge his duty, seekinghis permission has no meaning.
549. If a person undertakes to fulfil the obligations to a dead bodyit is not obligatory on others to proceed for the same.
However, if that personleaves the work half done, others must complete them.
550. If a person is certain that others are fulfiling their obligationsproperly, then it is not obligatory for him to proceed for the purpose.However,if he is in doubt or has suspicion, then he should take necessary steps.
551. If a person is certain that Ghusl, Kafan, Namaz or burial of adead body has been performed incorrectly, he should proceed to do them correctlyagain. But if he just feels that probably the duties were not correctly discharged,or if he has a mere doubt, then it is not obligatory to undertake the work.
552. The guardian of a wife is her husband. And in other cases, menwho inherit the dead person according to the categories which will be explainedlater, will take precedence over each other. However, to say that the fatherof the deceased takes precedence over the son, the grandfather over the brothers,or full brothers over half-brothers or the paternal uncles over the maternaluncles, is a ponderable issue, and one should act with caution as the situationdemands.
553. A minor or an insane person does not qualify for guardianship inmatters related to the dead person; similarly, an absent person who can neitherattend to the duties himself, nor appoint someone to do them, has no authorityas a guardian.
554. If a person claims that he is the guardian of the dead person,or that the guardian of the dead person has given him permission to carry outits Ghusl, Kafan and Dafn, or if he claims that he is the appointed executorof the dead person in the matter of its final rituals, his claim will be accepted,provided that he is reliable, or that the corpse is in his possession, or thattwo Adils testify to his statement.
555. If a dead person appoints someone other than his guardian to carryout his Ghusl, Kafan, Dafn and Namaz, then he will be the rightful person tofulfil those obligations. And it is not necessary that the person whom the deceasedhas appointed to carry out the duties personally should accept the will. However,if he accepts it he should act accordingly.
556. It is obligatory to give three Ghusls to a dead body. The first bathing should be with water mixed with "Sidr" (Beri) leaves. The second bathing should be with water mixed with camphor and the third should be with unmixed water.
557. The quality of "Sidr" leaves and camphor should neither be so much that the water becomes mixed (Mudhaaf), nor so little that it may be said that "Sidr" leaves and camphor have not been mixed in it at all.
558. If enough quantity of "Sidr" leaves and camphor is not available, then whatever quantity available should be mixed with water.
559. If a person dies while he is in the state of Ihram his dead body should not be washed with water mixed with camphor. Instead of that, pure unmixed water should be used. However, in the following two situations, water with camphor should be used:
(i) If he or she dies in Hajj Tamattu' after completing Saee';
(ii) and if it is Hajj Qiran or Ifrad, he died after having shaved the head.
560. If "Sidr" leaves and camphor or either of these things is not available or its use is not lawful (e.g. if it has been usurped) the dead body should be given Ghusl, on the basis of precaution, with pure, unmixed water instead of the Ghusl which is not possible, and it should also be given one tayammum.
561. A person who gives Ghusl to a dead body should be a Muslim, preferably a Shia Ithna Asheri, adult, and sane, and should know the rules of Ghusl. And if an intelligent, discerning boy or girl, who is not yet baligh, gives Ghusl correctly, it will be sufficient. And if the deceased belongs to a sect other than
Shia Ithna Asheri, and if he or she is given Ghusl according to the rules of his or her sect by a person of his or her sect, then the Shia Ithna Asheri momin will be relieved of the responsibility, except if he is the guardian.
562. One who gives Ghusl to the dead body should perform the act with the niyyat of Qurbat, that is, obedience to the pleasure of Allah.
563. Ghusl to a Muslim child, even illegitimate, is obligatory. But the Ghusl, Kafan, Dafan of a non-Muslim and his children is not allowed. And it is necessary to give Ghusl to a Muslim who has been insane since childhood and has grown up without having recovered.
564. If a foetus of 4 months or more is still-born it is obligatory to give it Ghusl, and even if it has not completed four months, but it has formed features of a human child, it must be given Ghusl, as a precaution. In the event of both of these circumstances being absent, the foetus will be wrapped up in a cloth and buried without Ghusl.
565. It is unlawful for a man to give Ghusl to the dead body of a woman and for a woman to give Ghusl to the dead body of a man. Husband and wife can, however, give Ghusl to the dead body of each other, although the recommended precaution is that they should also avoid doing so, in normal circumstances.
566. A man can give Ghusl to the dead body of a little girl and similarly a woman can give Ghusl to the dead body of a little boy.
567. If no man is available to give Ghusl to the dead body of a man, his kinswomen who are also his mahram (one with whom marriage is prohibited e.g., mother, sister, paternal aunt and maternal aunt) or those women who become his mahram by way of marriage or suckling can give Ghusl to his dead body.
Similarly if no woman is available to give Ghusl to the dead body of a woman her kinsmen who are also her mahram or have become mahram by marriage or suckling can give Ghusl to her dead body. In either case, it is not obligatory to cover the body except the private parts; though doing so is preferred.
568. If a man gives Ghusl to the dead body of a man, or a woman to the dead body of a woman, it is permissible to keep the body bare, except the private parts. But it is better to give Ghusl from under the dress.
569. It is haraam to look at the private parts of a corpse and if a person giving Ghusl looks at them, he commits a sin, though the Ghusl will not be void.
570. If there is AYN Najasat on any part of the dead body, it is obligatory to first remove it before giving Ghusl. And it is preferred that before the corpse is given Ghusl, it should be clean and free from all other najasat.
571. Ghusl for a dead body is similar to Ghusl of Janabat. And the obligatory precaution is that a corpse should not be given Ghusl by Irtimasi, that is, immersion, as long as it is possible to give Ghusl by way of Tartibi. And even in the case of Tartibi Ghusl it is necessary that the body should be washed on the right side first, and then the left side. And the recommended precaution is that, if possible, none of the three parts of the body be immersed in the water. Instead water should be poured on the dead body.
572. If someone dies in the state of Hayz or Janabat it is not necessary to give him/her their respective Ghusls. The Ghusls given to the dead body will suffice.
573. As a precaution, it is haraam to charge any fee for giving Ghusl to the dead. And if someone gives Ghusl with an intention of earning and without the Niyyat of Qurbat, then the Ghusl will be void. However, it is not unlawful to charge for the preliminary preparations before Ghusl.
574. There is no rule for Jabirah in Ghusl of Mayyit, so if water is not available or there is some other valid excuse for abstaining from using water for the Ghusl, then the dead body should be given one tayammum instead of Ghusl. As a recommended precaution, three tayammums may be given, and in one of the tayammum, there should be a Niyyat of "ma-fizzimmah". This means that a person giving tayammum resolves that this tayammum is given to absolve him of his responsibility.
575. A person giving tayammum to the dead body should strike his own palms on earth and then wipe them on the face and back of the hands of the dead body. And the obligatory precaution is that he should, if possible, use the hands of the dead for its tayammum.
576. The body of a dead Muslim should be given Kafan with three pieces of cloth: a loin cloth, a shirt or tunic, and a full cover.
577. As a precaution, the loin cloth should be long enough to cover the body from the navel up to the knees, better still if it covers the body from the chest up to the feet. As a precaution, the shirt should be long enough to cover the entire body from the top of the shoulders up to the middle of the calf, and better still if it reaches the feet. As a precaution, the sheet cover should be long enough to conceal the whole body, so that both its ends could be tied. It's breadth should be enough to allow one side to overlap the other.
578. The wajib portion of the loin cloth is that which covers from navel up to the knees and wajib portion of a shirt is that which covers from the shoulders up to the middle of the calf of the legs. Whatever has been mentioned over and above this is the Mustahab part of the Kafan.
579. The Wajib quantity of Kafan mentioned in the above rule should be financed from the estate of the deceased, and a reasonable quantity to cover the Mustahab may also be charged to the estate, if the status of the deceased demands. But as a recommended precaution, the Mustahab parts of Kafan should not be charged to the shares of minor heirs.
580. If a person makes a will that the Mustahab quantity of the Kafan(as mentioned in the two foregoing rules) should be paid for from the 1/3 of his/her estate, or if he/she has made a will that 1/3 of the estate should be spent for himself or herself but has not specified the type of its expenditure, or has specified it for only a part of it, then the Mustahab quantity of Kafan can be taken from 1/3 of the estate.
581. If the deceased has not made a will that Kafan may be paid for from the 1/3 of his estate and if they wish to take it from the estate, they must not draw more than what has been indicated in rule no. 579. And if they procured a Kafan which is unusually expensive, then the extra amount paid for it should not be charged to the estate. However, if his baligh heirs agree to pay from their shares of inheritance, then the sum can be deducted to the extent agreed.
582. The Kafan of a wife is the responsibility of her husband even if she owns her own wealth. Similarly, if a woman is given a revocable divorce and she dies before the expiry of her iddah, her husband should provide her Kafan. And if her husband is not adult or is insane, the guardian of the husband should provide Kafan for the wife from his property.
583. It is not obligatory for the relatives of deceased to provide his Kafan even if they were his dependents during his life time.
584. As a precaution, it must be ensured that each of the three pieces used for Kafan is not so thin as to show the body of the deceased. However, if the body is fully concealed when all the three pieces are put together, then it will suffice.
585. Kafan for a dead person must not be a usurped one, that is, unlawfully appropriated. If nothing else but the usurped Kafan is available, then the body will be buried without Kafan. In fact, the usurped Kafan should be removed even if the body has already been buried, except in some special situations, which cannot be discussed here.
586. It is not permissible to give a Kafan which is najis, or which is made of pure silk, or which is woven with gold, except in the situation of helplessness, when no alternative is to be found.
587. It is not permissible to give Kafan made of hide or skin of a dead Najis animal, in normal circumstances. In fact, even the
skin of a dead Pak animal, or Kafan made of wool or fur from
the animal whose meat is haraam to eat should not be used in normal circumstances.(By the term 'dead' is meant an animal who has not been slaughtered according to Shariah). But Kafan made of wool, fur or skin of a slaughtered halal animal can be used for the purpose. However, it is a recommended precaution to avoid them.
588. If the Kafan becomes Najis owing to its own najasat, or owing to some other najasat, and if the Kafan is not lost totally, its najis part should be washed or cut off, even after the dead body has been placed in the grave. And if it is not possible to wash it, or to cut it off, but it is possible to change it, then it should be changed.
589. If a person who is wearing Ihram for Hajj or Umra dies, he should be given Kafan like all others and there is no harm in covering his head and face.
590. It is Mustahab that one keeps one's Kafan and "Sidr" leaves and camphor ready during lifetime.
591. After having given Ghusl to a dead body it is wajib to give Hunut, which is to apply camphor on its forehead, both the palms, both the knees and both the big toes of its feet. It is not necessary to rub the camphor; it must be seen on those parts. It is Mustahab to apply camphor to the nose tip also. Camphor must be powdered and fresh, and if it is so stale that it has lost its fragrance, then it will not suffice.
592. The recommended precaution is that camphor should first be applied on the forehead of the deceased. It is not necessary to observe sequence while applying camphor to other parts mentioned above.
593. It is better that Hunut is given before Kafan, although there is no harm in giving Hunut during Kafan or even after.
594. It is not permissible to administer Hunut to a person who died in the state of Ihram for Umra and Hajj, except in circumstances explained in rule no. 559.
595. Though it is haraam for a woman to perfume herself if her husband has died and she is in iddah, but if she dies in iddah, it is obligatory to give her Hunut.
596. As a recommended precaution, perfumes like musk, ambergris and aloes-wood ('Ud) should not be applied to the dead body, and these things should not be mixed with camphor.
597. It is Mustahab to mix a small quantity of Turbat (soil of the land around the shrine of Imam Husayn) with camphor, but it should not be applied to those parts of the body, where its use may imply any disrespect. It is also necessary that the quantity of Turbat is not much, so that the identity of camphor does not change.
598. If camphor is not available or the quantity available is just sufficient for Ghusl only, then it is not wajib to apply Hunut. And if it is in excess of the requirement for Ghusl but is not sufficient for administering Hunut to all the parts, then as a recommended precaution, camphor will be applied on the forehead of the dead body first and the remainder, if any, will be applied to other parts.
599. It is also Mustahab that 2 pieces of fresh and green twigs are placed in the grave with the dead body.