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Section I: Washing the Deceased

Firstly: Washing the Deceased and Related Rulings
1. The ruling of washing the deceased
Washing the deceased of the Muslims is a communal obligation. This is by agreement of the four schools of jurisprudence.
2. The ruling of receiving a wage for washing the deceased
It is permissible to receive a wage for washing the deceased. This is the position of the majority: Hanafis, [652] For Hanafis, it is permissible to receive a wage from washing the deceased if there are others available for the role in the land of the deceased. If there isn’t anyone else available, then it isn’t permissible. Malikis, [653] For the Malikis, it is permissible to take a wage as long as he is not the sole person relied upon for the role. If he is, then it isn’t. Shafi`is, a narration from Ahmad, and the position of Ibn Baz.
3. Concealing the physical defects of the deceased
It is an obligation for the one washing the dead to conceal any physical defects he may see of them, and this is by agreement of the four schools of jurisprudence.
4. The ruling of visitors to the wash
It is makruh for someone who is not aiding in the washing process to be present for it, as long as there is no need for them to be there. This is the position of the majority: Malikis, Shafi`is, [654] They stated that the guardian may also enter even if he is not part of the washing process. and Hanbalis.
Secondly: The Ruling of Washing the Disbeliever
It is haram for a Muslim to wash a disbeliever. This is the position of the Malikis and the Hanbalis, as well as the choice of al-Shawkani, Ibn Baz and Ibn `Uthaymin.
Thirdly: The Ruling of Washing the Rebellious and the Bandit
The rebellious and the bandit are to be washed and prayed upon, and this is the position of the majority: Malikis, Shafi`is, and Hanbalis.
Fourthly: The Ruling of Washing the Martyr [655] Martyrs are of two types, the martyr in this life and the martyr in the afterlife. The martyr of this life is the one who dies fighting the disbelievers with sincerity and not while trying to escape. The martyr of the afterlife is he who will be given the status and reward of the martyr in the afterlife but does not have the same legal status in the worldly life. This includes the one who died from a stomach disease, from the plague, the drowned, the burnt to death, and others.
1. The ruling of washing the martyred in battle
The Muslim martyred in battle, fighting the disbelievers, is not washed. [656] This is explicitly mentioned by Malikis, Shafi`is, and Hanbalis: that washing the martyr is haram. This is by agreement of the four schools of jurisprudence.
2. Martyrs who died in other than battle
- The one murdered in oppression
The one murdered due to oppression or injustice in some way is washed. This is the position of the Malikis, Shafi`is, and a narration from Ahmad. It is also the choice of Ibn Baz and Ibn `Uthaymin.
- The one martyred but not killed
The one martyred but not killed is washed. This includes the one who died from a stomach disease, from the plague, the drowned, the burnt to death, and the one who died under the debris of a falling building. Consensus has been quoted on this by: Ibn Qudamah, al-Nawawi, and al-Shawkani.
Fifthly: The Ruling of Washing the Miscarriage
1. The ruling of washing a miscarried baby if he first cried
It is wajib to wash a baby who cried upon birth, [657] Istihlal of the baby is when he cries upon being born. then died shortly after that. This is by agreement of the four schools of jurisprudence. [658] Istihlal for the Hanafis must indicate life, like loud screaming or moving a limb. For the Shafi`is it is if he moved some movement which indicates life. If not, he is washed.
2. The ruling of washing the miscarried baby who did not cry and is younger than four months
The miscarried baby is not washed if it did not cry and was younger than four months. This is the position of the Malikis, Shafi`is, Hanbalis, and the apparent narration from the Hanafis.
3. The ruling of washing the miscarried baby who did not cry but is older than four months
The miscarried baby is washed if it is stillborn and did not cry as long as it is older than four months. This is the correct position of the Shaifi`is, the position of the Hanbalis, and the choice of Ibn Baz and Ibn `Uthaymin.
Sixthly: The One Who Undertakes the Washing
1. Those who have most right to wash the dead if he is male
The one who has highest priority to wash the dead if he is male is the one who was mustahabb to do so by the deceased before his passing, then his father, then his grandfather, then his son, then the closest to furthest from his inheriting agnates, then those closest to him in companionship and aid, then those of mutual kinship. This is the position of the Hanbalis, and it is the choice of Ibn Baz and Ibn `Uthaymin.
2. Those who have most right to wash the dead if she is female
Scholars have differed over those with highest priority to wash the dead if she is female over two views:
The first: is that other women have most right to wash her, then her husband if she is married, and this is the correct position among Shafi`is.
The second: is that the husband has the most right, then it is other women. This is the position of the Malikis, and a position among Shafi`is.
3. The ruling of a woman washing her deceased husband
It is permissible for a woman to wash her husband if he died. Consensus has been quoted on this by: Ibn al-Mundhir, Ibn `Abd al-Barr, al-Nawawi, Ibn Rushd, al-Shirbini, and al-Shawkani.
4. The ruling of a man washing his deceased wife
It is permissible for a man to wash his deceased wife. This is the position of the majority: Malikis, Shafi`is, Hanbalis, and the position of some of the Salaf.
5. The woman washing a male child
It is permissible for a woman to wash a young boy. [659] Scholars have differed however over the age where this is acceptable. Malikis conditioned it at seven years, and the Hanbalis at younger than seven. Hanafis and Shafi`is conditioned it by the nature of the boy, that he is not sought after sexually. Consensus has been quoted on this by Ibn al-Mundhir and Ibn Qudamah.
6. The man washing a female child
It is permissible for a man to wash the young girl who is not sexually desired. [660] This is similar to the Malikis’ position, but they allowed the man to wash solely the breastfeeding baby girl or one that is close to her in age. This is the position of the Hanafis and Shafi`is.
7. The ruling of a man who dies among unrelated females and a woman who dies among unrelated males
If a woman dies among men she is unrelated to, or a man dies among unrelated women, and there is no one for whom it is permissible to wash them, then dry ablution is performed on them. This is by agreement of the four schools of jurisprudence, and it is the position of some of the Salaf.
8. The ruling of a disbeliever washing a Muslim
It is invalid for a disbeliever to wash a Muslim. This is the position of the majority: Hanafis, Malikis, [661] They differed with regards to there being only unrelated women and a disbelieving man. and Hanbalis.
Seventhly: The Description of washing the deceased
1. Unclothing the deceased
It is a sunnah to unclothe the dead. This is the position of the majority: Hanafis, Malikis, and Hanbalis.
2. Covering the `awrah of the deceased
It is wajib to cover the `awrah of the deceased when washing is to ensue, and it is haram to look at it. Consensus has been quoted over this by: Ibn `Abd al-Barr, Ibn Qudamah, and al-Hattab.
3. Massaging the abdomen of the deceased
Gentle massaging of the deceased's abdomen is legislated, then the one performing the washing should wrap a piece of cloth around his hand to clean the deceased's private parts with. This is by agreement of the four schools of jurisprudence. [662] Hanafis make massaging the abdomen at the end of the wash. If anything escapes the deceased at that point, the wash is not repeated.
4. The intention of washing
It is not necessary to have an intention for washing the dead. This is the position of the majority: Hanfis, Malikis, Shafi`is, and a narration from Ahmad.
5. Wiping the teeth and nostrils of the deceased and cleaning them
It is mustahabb to wipe the teeth and nostrils of the dead and that he washes them. This is by agreement of the four schools of jurisprudence.
6. Performing ablution on the dead
It is a sunnah for the person washing the dead to perform ablution in the first wash, in the same way as the ablution from hadath would be. This is by agreement of the four schools of jurisprudence. [663] The Hanafis perform ablution without gurgling or sniffing up water unless the deceased was junub. For Malikis, the deceased is made to gurgle, and his head is leaned over such that water does no enter him, and rather escapes with whatever it has cleaned up of filth. For the Shafi`is, the deceased is given a full ablution.
7. Washing the dead with lote tree
The dead are washed with water and lote tree. [664] It is permissible to wash the deceased with soap or similar cleaning substances. This is by agreement of the four schools of jurisprudence. [665] Hanafis have explicitly mentioned that lote tree should be used, but not in it being a sunnah. Malikis explicitly mentioned it as mustahabb. Shafi`is have mentioned it as mustahabb but in the first wash.
8. Washing all the deceased's body
It is wajib to wash all of the dead's body. This is by agreement of the four schools of jurisprudence.
9. Starting with the right
It is sunnah to start with the right when washing the dead. This is by agreement of the four schools of jurisprudence.
10. Placing camphor in the last wash
It is sunnah to place camphor in the last wash, [666] Kafur is a tree from which a clear substance is extracted which has a pleasant scent. and this is by agreement of the four schools of jurisprudence.
11. Washing the deceased an odd number of times
Washing the dead an odd number of times is mustahabb. This is by agreement of the four schools of jurisprudence. [667] For Hanafis, the sunnah is three washes, but if it is increased upon it is fine, just as the case is when alive. For Malikis, the deceased is washed three, five, or seven times, and not more unless necessary. For Shafi`is, the sunnah is three, but if it is not sufficient it is increased upon until cleanliness is reached, and finishing on an odd number is mustahabb. For Hanbalis, it is three, five, or seven washes, and more times if necessary while concluding on an odd number of washes.
12. Clipping the nails and trimming the moustache
Scholars have differed over the ruling of clipping the nails and trimming the moustache of the deceased over two views.
The first: is that it is makruh to clip the dead person's nails and trim his moustache. This is the position of the Hanafis, Malikis, a position among Shafi`is adopted by some of them, the choice of al-Nawawi, and Ibn al-Mundhir leant towards this view.
The second: is that it is mustahabb to do so. This is the position of the Hanbalis, Shafi`is, a group of the Salaf, and the choice of Ibn Baz and Ibn `Uthaymin.
13. Shaving the armpit hair
It is haram to shave the armpits of the deceased, [668] Some scholars view it permissible if it is long and uncouth. and this is the position of the Hanbalis.
14. Drying the deceased after washing them
It is mustahabb to dry the dead after washing them, and this is by agreement of the four schools of jurisprudence.
15. Dry ablution when lacking water
Dry ablution is to be performed on the dead if there is no water available or there is inability to use it. This is by agreement of the four schools of jurisprudence and it is the position of Ibn Hazm al-Zahiri.
16. Rulings specifically to do with washing a woman
It is mustahabb to comb the hair of the dead woman and to plait it into three plaits behind her. This is the position of the majority: Malikis, Shafi`is, and Hanbalis.
17. Washing the problematic hermaphrodite
Dry ablution is performed on the problematic hermaphrodite, and they are not washed. [669] According to the following details among the four schools of jurisprudence: For the Hanafis: if the one performing dry ablution is a close family member, then they perform it without a piece of cloth. If not, then with it while looking away from his arms. If the hermaphrodite is young then he is washed regardless by a man or woman, but if he reached a level of sexual desire then dry ablution is performed. For Malikis: the adult problematic hermaphrodite with no male or female close family relations nor a male master, has a slave girl bought from his wealth. If he has no wealth then from the state’s treasury. She is then returned to the treasury and is not inherited. If this is not available or cannot be facilitated, he is dry-abluted and buried. If the one who performs dry ablution is a man then he performs it up to the wrists, and if it’s a woman, up to the elbows. This is because, if he is a man, then she may view this part of his body, and if he is a woman, then there is no issue, except that she should cover him up from others. For Hanbalis: if a problematic hermaphrodite passes away who is seven or older he is washed by his female slave.  If he is female, then there is no issue. If he is male, then she is his slave girl and she has a right to do so. This is the position of the majority: Hanafis, Malikis, Hanbalis, and a position among Shafi`is.
18. How to wash the one who died in a state of ihram
Washing the one who died in a state of ihram is the same as his washing himself when he was alive. What is avoided for such a person when living is avoided when washing them after their death. This is the position of the Shafi`is, Hanbalis, a group of the Salaf, Ibn Hazm, Ibn Taymiyyah, Ibn al-Qayyim, al-San`ani, Ibn Baz, and Ibn `Uthaymin.
19. Najasah escaping from the deceased after washing him
If najasah escapes from the deceased after washing him and before shrouding him, it is wajib to wash away the najasah without repeating the wash. This is the position of the majority: Hanafis, Malikis, and Shafi`is.
20. The ruling of repeating the ablution if najasah escapes from him
If najasah escapes from the dead after washing him and before shrouding him then it is not necessary to repeat his ablution. This is the position of the majority: Hanafis, Malikis, and the correct position among Shafi`is.
Eighthly: The Ruling of Ritual Washing after Washing the Deceased
It is mustahabb to perform ritual washing after washing the deceased, and this is by agreement of the four schools of jurisprudence.


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