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Rules related to a dying person » Method of performing the ghusl given to a corpse (mayyit) → ← Kinds of blood seen by women » Laws relating to after death

Ghusl for touching a dead body » The obligation to give ghusl, shroud (takfīn), pray over, camphorate (taḥnīṭ), and bury (dafn)

Ruling 530. It is obligatory on the guardian of a Muslim who has died to give him ghusl and to camphorate, shroud, perform prayers over, and bury him, even if the deceased is not a Twelver (Ithnā ʿAsharī) Shia. The guardian must either do these things himself or instruct someone else to do them; and in the event that someone else does these things with the consent of the guardian, the responsibility is lifted from the guardian. In fact, even if the burial and suchlike is carried out without the consent of the guardian, the responsibility is still lifted from him and there is no need to repeat those things. If the deceased does not have a guardian or the guardian refuses to do those things, then it is obligatory on every mukallaf to do them as a collective obligation (al-wājib al-kifāʾī), meaning that if someone or some people do those things, the responsibility is lifted from everyone else, and in the event that no one does them, then everyone will have committed a sin. In case the guardian refuses [to do those things or instruct someone else to do them], it is not necessary to obtain his permission.

Ruling 531. If a person is engaged in attending to the duties relating to a deceased person, it is not obligatory on others to start doing them. However, if the person leaves the duties half-finished, then others must complete them.

Ruling 532. If a person is certain that others are engaged in attending to the duties relating to a deceased person, it is not obligatory on him to start doing those things. However, if one doubts or merely supposes [that others are engaged in attending to those duties], then he must start doing them.

Ruling 533. If someone knows that the ghusl, shrouding, prayers, or burial of a deceased person has been performed incorrectly, he must perform that act again. However, if one merely supposes that it was performed incorrectly or doubts whether it was performed correctly or not, then it is not necessary for him to perform it again.

Ruling 534. The guardian of a woman is her husband. In other cases, the guardian of a deceased person is the heir in accordance with the order of the tiers of inheritance, which will be mentioned later. In each tier, men take precedence over women; however, it is problematic to consider [certain members of the family as having precedence over others, such as] the father of the deceased over the deceased’s son; his paternal grandfather over his brother; his brother over his paternal half-brother or over his maternal half-brother; his paternal half-brother over his maternal half-brother; and his paternal uncle over his maternal uncle. Therefore, in these cases, the requisite precautionary action must be taken. Furthermore, if there are a number of guardians, the permission of one of them suffices.

Ruling 535. The guardian of a deceased person must not be a non-bāligh child nor a person who is insane. Similarly, a person who is absent and cannot personally undertake the duties or instruct someone else to do them cannot be a guardian.

Ruling 536. If someone says he is the guardian of a deceased person or that the guardian of the deceased has given his consent to give ghusl, shroud, and bury the deceased, or, if with regard to preparing the corpse he says that he is his executor (waṣī), then, in the event that one is confident that what he says is the truth, or the deceased’s body is at his disposal, or two just people testify to the veracity of what he says, his word must be accepted.

Ruling 537. If a deceased person had specified someone other than his guardian to perform his ghusl, shrouding, burial, and prayers, then the responsibility of performing these duties lies with the appointed person. It is not necessary for the person whom the deceased has requested to personally undertake performing the duties, to accept the request; however, if he does accept, he must perform those duties.
Rules related to a dying person » Method of performing the ghusl given to a corpse (mayyit) → ← Kinds of blood seen by women » Laws relating to after death
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