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Rules related to a dying person » The method of Ghusl of Mayyit → ← Rules related to a dying person » Rules to follow after the death

Rules related to a dying person » The obligation of Ghusl, Kafan, Namaz and Dafn

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.

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.

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.

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.

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.

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.

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.

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.
Rules related to a dying person » The method of Ghusl of Mayyit → ← Rules related to a dying person » Rules to follow after the death
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