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Issue No. 586Rules about Burial of the Dead Body

Fetus Died in Its Mother’s Womb

Issue No.586- If a child dies in its mother’s womb and its remaining in the womb is dangerous for the mother, it should be brought out in the easiest possible way. Even if it becomes inevitable to cut it into pieces, it is permissible to do so and it is firstly obligatory on her husband if he is skilled in surgery, and if not, on a skilled woman, then a skilled surgeon who is maḥram to the woman and if even this is not possible, a skilled man who is not maḥram should bring out the dead child.

Issue No. 589Recommended Acts of Burial

Giving Condolences to the Bereaved Family

Issue No.589- It is recommended to condole with the near ones of the deceased. In case, however, so much time has passed since the death that condolence is likely to refresh their bereavement, it is better not to condole with them. It is also appropriate that food should be sent for the members of the family of the deceased for 3 days.

Issue No. 590Recommended Acts of Burial

Patience on the Death of Close Relatives

Issue No.590- It is also appropriate that one observes patience on the death of relatives, especially on the death of one's child, and, whenever the memory of the departed soul crosses his mind, he should say: Inna lillahi wa inna ilayhi raji’un and should recite the holy Quran for the sake of the departed and pray for his forgiveness.

Issue No. 592Recommended Acts of Burial

Scratching the Face When Mourning

Issue No.592- If a man who is mourning the death of his wife or child tears his clothes, or if a woman mourning a dead person scratches her face causing blood to come out or plucks her hair, as an obligatory precaution, he/she should offer the kaffāra for [breaking an] oath which is to set a slave free, or feed ten indigent persons, or provide them with clothes. Even if it does not cause blood to come out, they should follow this ruling.

Issue No. 595The Prayer of Fear (Waḥshat)

Time of Prayer of Fear

Issue No.595- The prayer of Fear can be offered at any time on the first night after the burial of the dead body, but it is better to perform it in the early hours of the night after ‘ishā’ prayer.

Issue No. 599Rules regarding Exhumation

Cases When Exhumation Is Permissible

Issue No.599- Exhumation is not haram in the following cases:1- When the dead body has been buried in a usurped land and the owner of the land is not willing to let it remain there. Also when the shroud or any other thing buried with it is usurped and the owner does not allow this. Similarly, if anything belonging to the heirs (e.g., rings or valuable ornaments) has been buried along with the deceased and they do not agree to it, or agree but its being in the grave is regarded as waste, it should be brought out. However, if the dead person had made a will that, for example, a certain supplication or a ring be buried along with his dead body, the grave cannot be dug up to bring those objects out provided that his will does not exceed one-third of his estate or it is not considered as waste.2- When it is necessary to inspect the body of the dead person in order to establish a right.3- When the dead body of a Muslim has been buried in a place which is disrespectful to it, like if it has been buried in the graveyard of non-Muslims or in a dunghill.4- When it is for a legal purpose [according to the Islamic sharia] which is more important than exhumation. For example, when they want to bring out a living child from the womb of a buried woman (Obviously, the child may stay alive for a short while after the death of its mother).5- When it is feared that a wild animal will tear up the corpse or it will be exhumed by the enemy.6- When a part of the body of the dead person has not been buried with it and they want to bury it. However, the obligatory precaution is to bury that part in a way that the body is not revealed.

Issue No. ShahīdThose Exempted from Ghusl and Shrouding

Martyr

Issue No.603- As it was said earlier, it is obligatory to give bathe and shroud the dead body of a Muslim. However, two groups are exception to this rule:The first group: “The Martyrs in the way of Allah” i.e. those who have been killed in a battlefield in a holy war for the cause of Islam while accompanying the Prophet (pbuh) or the Infallible Imam (a.s.) or his special deputy. Also those who are killed while fighting the enemies of Islam during the occultation of Imam Mahdi, the Imam of Time (may our souls be sacrificed for him), bathing, shrouding and embalmment are not obligatory, irrespective of whether those who are killed are men or women, adult or child; they should be buried with their same dresses on after offering prayers for them.

Issue No. 607Those Exempted from Ghusl and Shrouding

Those Who Are Killed Because of Qisas or Hadd

Issue No.607- The second group: those people whose killing has become obligatory as retaliation or as an Islamic legal punishment. Thus, the Islamic judge orders them to perform ghusl of dead body by themselves when they are alive. They will perform three ghusls as per the instructions mentioned earlier. Then they wear two of the three parts of the shroud, i.e., the loincloth and the shirt. Then they camphorate themselves in the same manner as it is done on a dead body. After they are killed, the third piece is pulled over them whereupon the prayer for the dead individual is offered on them and they are buried in the same condition. It is not necessary to wash off the blood from their bodies or their shrouds. And it is not necessary to repeat the ghusl even if they have made themselves najis because of fear.

Issue No. 621If It Is Not Possible to Obtain Enough Water for Wuḍū and Ghusl

If One Only Has Enough Water Either for Wuḍū or Ghusl

Issue No.621- If in the prayer time a person has water sufficient only for wuḍū or for ghusl, and he knows that if he throws it away he will not be able to get water again, it is haram to do so, and the obligatory precaution is that he should not throw it away even before the time for prayer sets in. Similarly, if it is reasonably likely that he would not get water, if he throws it away, he should keep the water, as an obligatory precaution. In all these circumstances, if he throws the water away, his prayer with tayammum will be correct yet one in such cases should not throw the water away.