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Problem # 2 If she sees blood throughout the ten days, and the bleeding continues till it exceeds i.e. limit of ten days), if she has a habit of definite number of days in menses, in her puerperal blood too she shall follow the number of days of her menses, regardless whether they are ten days or less than ten days, and shall subsequently act according to a woman having Istihadah. In case she has not the habit of a definite number of days in her menses, she shall consider ten days to be her puerperal period, and shall act according to a woman having istihadah, though, to be cautious, she should observe the duties of a woman having puerperal blood as well as Istihadah for eighteen days, and this is a caution which she should not give up.
Problem # 3 It is a condition that there should be an interval of minimum period of cleanness, and that is ten days between the puerperal blood and the following menses. So if she sees blood since the childbirth until seven days, and then sees it again for three days or more after the lapse often days, it shall not be menstrual blood, but shall be the bleeding of istihadah, though, to be more cautious, she should fulfill the duties of a woman having puerperal blood as well as one having istihadah, in case she happens to be one not having a habit of definite number of days of menses, as mentioned before. According to the stronger opinion, it is not a condition that there should be an interval of minimum period of cleanness between this period and the previous menses. So if a woman sees blood for three or more days uninterruptedly or intermittently before the childbirth within a period of less than ten days, it shall be specifically menstrual blood, in case it conforms to her habit.
Problem # 4 If bleeding continues for more or less than one month, and the period of her habit has passed in case she happens to be one having a definite habit, or ten days have passed in case she happens to be one not having a definite habit, it shall be declared Istihadah. Of course, after the lapse of ten days since the puerperal bleeding, there is likelihood of its being menstrual blood. If, however, she happens to be one having a definite habit (of menses), and the bleeding coincides with the period of habit, it shall be declared menstrual blood. Otherwise, the matter shall be decided according to the characteristics found in the blood as well as discernment, or according to the habits of the close relatives of the woman, or lastly, seven days shall be considered menstrual while the rest puerperal period, according to the details already given under (Chapter on) Menstruation, (q.v)
Problem # 5 If the puerperal bleeding discontinues apparently, it shall be obligatory on the woman resorting to Istizhar as had already been mentioned under (Chapter on) Menstruation. If the bleeding has actually discontinued, it shall be obligatory on her to perform ritual bath like one having menses for all the things for which there is a condition of performing ritual bath.
Problem # 6 The rules for a woman having puerperal blood are similar to those of a woman having menses, so that it is prohibited to have sexual intercourse with her, a divorce to her is invalid (given during Istihadah). It is also prohibited for her to offer prayers or keep fast, and similarly touching the written words of the Quran, or reading the Quranic Chapters containing sajdah, enter the Two Mosques, (namely, the Masjid-i Haram in Mecca and the Masjid-i Nabavi in Madinah), or staying in other mosques, as well as it is obligatory on her to make up for the fasts but not the prayers (she has given up during Istihadah), as well the other things the details of which have been mentioned under (Chapter on) Menstruation.
Rules Concerning Obligatory Bath for Touching the- Dead
Touching the dead body of a person after it becomes entirely cold and before it is ritually washed, but not after it, is a cause for making it obligatory for the touching person to perform obligatory bath, even if the bath of the dead body has been performed in emergency, as when the dead body has been washed all the three times with pure water in the absence of availability of the Two Mixtures (the leaves of the Sidr or the Lotus Tree and camphor), or even if the dead body has been ritually washed by an infidel due to unavailability of a Muslim of the same gender, though according to the more cautious opinion, ritual washing the dead body by an infidel is not sufficient, and the ritual washing should be accompanied by Tayammum, in case of there being an excuse, though according to the more cautious opinion, it is otherwise. There is no difference if the dead body is that of a Muslim or an infidel, a minor or an adult, or even of an aborted child who has completed four months, whether it has been born alive or otherwise, whether it touches or is touched when the word touching is applied to it, so that the bath becomes obligatory even if the nail of a person touches the nail of the dead body. Of course, if the hairs of the dead body touch or are touched by a person, it shall not make it obligatory on the latter to perform ritual bath.
Problem # 1 Touching a part of the body separated from a live person, falling under the category of the dead, makes it obligatory to perform the ritual bath, if it contains a bone. If however, it does not contain a bone, there shall be no obligation for a bath. It is more cautious to affiliate a bone without flesh to a part having flesh, though according to the stronger opinion, it is otherwise. However, touching any part of a dead body separated from it would entail the obligation for performing bath in case it happens to be one which would entail the obligation for bath had it been joined with the body.
A problem # 2 A martyr is like the dead who has been washed, and so touching him does not entail the obligation for performing bath. Likewise, touching the dead body of a person who has been sentenced to death due to Qisas (retaliation for murder) or Hadd (punishment by lash or death according to Islamic penal laws), so that he is ordered to be ritually washed before being punished by death.
Problem #3 If a person touches a dead body, but doubts whether he has done it before or after it had become cold, it shall not be obligatory on him to perform the ritual bath. The same rule shall apply in case he doubts whether the dead was a martyr or otherwise, contrary to the case when he doubts whether he has touched the dead before it was ritually washed or not, in which case it shall be obligatory on him to perform the ritual bath.
Problem # 4 If a limb of a live person dries up and it becomes entirely lifeless, touching it would not entail obligation for ritual bath as long as it is not separated from the body of the person. It shall be obligatory to perform the ritual bath if it is touched after the limb has been separated from the body of the person, provided that it contains a bone; otherwise, there is difficulty (application of the rule to it).
Problem # 5 According to the more cautious opinion, touching the dead nullifies ablution, and this opinion is not devoid of force. Therefore, it is obligatory to perform ablution after the performance of the ritual bath (to touching the dead) for all things for which the performance of ablution is a condition.
Problem # 6 According to the more cautious opinion, it is obligatory to perform the ritual bath for touching any thing for which there is a condition of being clean of Minor Pollution (urination, etc.). Rather it is not devoid of force, and it is a condition in all those things for which there is a condition of cleanness, like prayers, obligatory circumambulation and touching the written words of the Quran. Rather, it is not devoid of force.
Problem # 7 It is permissible for a person who has touched the dead to enter the mosques and holy shrines or staying in them, or reading the Quranic Chapters containing Sajdah and if she is a woman, it is permissible to have intercourse with her, so that touching the dead is like the Minor Pollution (urination, etc.), except that touching the dead makes it obligatory to perform the ritual bath for offering the prayers or the like.
Problem # 8 Repetition of touching does not make it obligatory to repeat the ritual bath, like other pollutions, even if there are several things (or dead bodies) touched.
It is obligatory for a person on whom the signs of death are apparent to fulfill the rights of mankind and rights of Allah and to return the things in his trust or to make a will in their respect with the assurance that it will be implemented. Likewise, if he has sufficient property, he should make will for the fulfillment of the obligations which cannot be fulfilled through an agent during one’s life, like prayers, fasting and in most cases Hajj, or the like. It is upto the dying person to intimate the executor of his will of the matters which have to be performed by him on his behalf like prayers and fasting and make a will about them.
Problem # 1 It is not obligatory (on a dying person) to appoint a Qayyim (administration) for his minor children, except when failure to do so would mean their loss, or the loss of their rights. If he appoints an administrator (for his children), the latter must be an honest person. Similarly, the person appointed by him for the fulfillment of obligatory rights must also be an honest person.
Problem # 2 According to the more cautious opinion it is obligatory collectively on all the duty-bound persons, if carried out by some, others are relinquished of it, and if carried out by none all are considered to have committed a sin. Rather it is not devoid of force, that a Muslim person who is close to death should be laid on his back with his face towards the Qiblah with the soles of his feet and face towards the Qiblah in a way that while sitting his face should be towards the Qiblah, regardless whether the dying person is a man or a woman, a minor or an adult. It is more cautious to keep him in such position facing the Qiblah as long as he is not shifted from his dying place.
As regards keeping the dead person in such a position in all circumstances, even after finishing his ritual washing, according to the stronger opinion, it is not necessary, though it is more cautious to keep him in such position even afterwards. It is, however, better, rather more cautious even after finishing the washing of the dead until shrouding him to place him in a position as he used to be while praying.
Problem # 3 It is recommended to recite the two formulas of testimony, (namely, There is no god but Allah, and Muhammad is His Servant and Messenger), acceptance of the Twelve Imams, Peace be upon them (as the leaders), and words of relaxation, shift him to his place of offering prayers (Musalla) when his agony of death becomes intense, provided that it is not troublesome for him, and to recite the two Quranic Chapters of Ya-Sin and al Saffat near him to bring quick comfort to him. Likewise, it is recommended to close both his eyes and mouth, bind his chin, straighten his hands on both sides, straighten his legs, cover him with a cloth, light a candle near him at night and make an announcement to the believers to be present in his funeral, and make haste in preparing him for burial, except in case of suspicion about his position, in which case it may be delayed until certainty is obtained about his being dead. At the time of his death, it is abominable to touch him, place any heavy thing on his stomach and leave him alone. Likewise, it is disapproved to let a person in a state of Janabat (pollution due to discharge of semen) or a menstruating woman come close to him at the dying moments.
According to the more cautious opinion, it is obligatory collectively on all duty-bound persons to ritually wash a dead Muslim, even if he belongs to the opposite sect (i.e. a non-Shi'ah), if carried out by some, others become relinquished of it and if carried out by none all are considered to have committed a sin, so that it is more cautious to wash the non-Shi'ah person according to our ritual method as well as his ritual method. It is not permissible to ritually wash infidels or those considered infidels from among the Muslims, like the Nawasib (those openly hostile to Ahl al-Bayt) or Khawarij (those opposed to Imam Ali,) etc, whose details shall be given under (the Chapter on) Najasat (Unclean things and persons).
The children of Muslim parents, including even the illegitimate ones born of Muslim parents, are governed by the rules applicable to Muslims, and it is obligatory to ritually wash their dead bodies. Rather it is obligatory to ritually wash even an aborted child, provided that it has completed four months (in its mother's womb), and it is to be shrouded and buried in the usual way. If, however, the aborted child is less than four month, it is not obligatory to ritually wash it, and it is to be wrapped in a cloth and buried.
Prob1em # 1 The ritual washing of a martyr is dropped, because he is considered to have been killed during Jihãd along with the Imam, Peace be upon him, or his special deputy, provided that he has died in the battle-field while busy in fighting or otherwise, before the Muslims have found him alive. If, however, the Muslims have found him in the battle-field after the fight, and there was still a spark of life in him, according to the more cautious opinion, it shall be obligatory to ritually wash and shroud him if he has expired in the battle-field.
If he has died away from the battle-field, apparently it shall be obligatory to ritually shroud him.
A person killed while defending the faith of Islam shall be affiliated with the martyrs, so they shall neither be ritually washed, nor applied camphor or shrouded, but shall be buried in his own garments (he wore at the time of death). Of course, if he had no garments on his body (which were, for example, taken away by the enemy), then he shall be wrapped in a shroud.
Likewise, the ritual washing shall be dropped in case of a person who is to be killed by Rajm (stoning to death as a punishment for fornication) or Qisãs (in retaliation for murder), because the Imam, or his special or general deputy orders him to be ritually washed, shrouded and applied camphor like a dead person, and then killed, and then people offer prayers (as offered for the dead) and bury him without ritually washing him (again). Apparently the person ordered to wash the person before being killed in punishment pronounces the Niyyat (ritual intention), although, according to the more cautious opinion, the person ordering the performance of the ritual washing should also pronounce the intention (Niyyat).
Problem # 2 It is not obligatory to ritually wash a part of the dead body if separated before the ritual washing, provided that it does not contain a bone, rather, according to the more cautious opinion, it shall be wrapped in a piece of cloth and buried.
In case the part contains a bone other than of the chest, it shall be washed and buried being wrapped in a piece of cloth.
In case it is a bone alone (without flesh), it shall also be affiliated to it as regards burying; rather, according to the more cautious opinion, it shall also be affiliated to it as regards washing, though (an act) contrary to it shall not be devoid of force.
In case, it is a chest bone, or contains the chest-bone or a part of the chest which was be place of the heart when the person was alive, though not containing it now, it shall be ritually, washed, shrouded, offered prayers and buried. It may be confined to be shrouded in a cloth and wrapper. Except when it also contains a part of waist (it shall not suffice). If it contains some parts which touch the ground in prostration, those parts shall be applied camphor.
If a part was separated from the body of the person when he was alive, there is difficulty in affiliating it with what has been mentioned before relating to the dead, though caution should not be given up by affiliating it with it and by dissociating with it as regards touching it after being washed in case it happens to be a bone or contains a bone.
Problem # 3 Ritual washing of the dead like his shrouding and offering prayers is the collective duty of all the duty-bound Muslims and if performed by some, it relinquishes the rest from their duty, though the foremost among the people are the foremost among the deceased’s heirs, which means if the deceased guardian (foremost heir) intends to carry out the duty or appoints a person for this purpose, it is not permissible to interrupt him. Rather if some other person acts in this respect, according to the stronger opinion, he shall be required to obtain prior permission of the deceased’s guardian, and his action is not permissible without the guardian’s permission. Of course, this condition drops in case of the guardian’s abstention or failure to take action in this regard, though it is more cautious to obtain permission of the heir of the next degree.
In case of negligence or absence of the Wali (guardian), it is not far from being obligatory to obtain the permission of the religious authority, and the permission includes clear or tacit approval or what is certain from the circumstantial evidence.
Problem # 4 A Wali (guardian) means a person inheriting the deceased through parentage or matrimonial relation who is not to be interrupted and whose permission is obligatory to be obtained. The guardianship right of such heirs is arranged according to the degrees of inheritors, so that the heirs of the first degree are to be preferred to those belonging to the second degree and those of the second degree are to be preferred to those of the third degree.
In absence of the relatives on the maternal side, it is more cautious to obtain the permission of the master who has emancipated the deceased, then the person who has stood guarantee against offence of the deceased, and lastly the religious authority.
Among the degrees of the heirs, it is not far from force to give preference to males over females, but caution should not be given up by obtaining permission from the female heirs too.
Among the heirs, the adult ones are to be preferred to the minors, and those who are related to the deceased through both the parents are to be given preference over those related through one of the parents, and the paternal relatives are to be preferred to the maternal ones. Among the first degree, the father is to be preferred to the mother and children, and the latter to their children
Among the relatives of the second degree, the grandfather is to be preferred to brothers and sisters in one respect, though it is not free from hesitation. The brothers and sisters of the deceased are to be preferred to their own children.
Among the relatives of the third degree, the paternal uncles are to be preferred to the maternal uncles, and the latter are to be preferred to their own children.
Problem # 5 A husband is to be preferred to all other relatives in placing the dead body of his wife in her grave, regardless whether she is a permanent or temporary wife, though there is difficulty in accepting this rule in case of the latter.
Problem # 6 If the deceased has assigned some one other than the guardian for making arrangement for his burial, it shall be more cautious to obtain permission from him as well as the guardian.
Problem # 7 It is a condition that the person washing the dead must be of identical sex, a male for a male and a female for a female, so that a male should not ritually wash the dead body of a female and otherwise, although the washing is done behind the curtain and without touching, except in case of a child not exceeding three years of age, in which case a male or female can ritually wash the dead body of the opposite sex, even if the body is naked.
There is, however, an exception for the husband and wife, as either of them is allowed to ritually wash the dead body of the other, in spite of availability of a person of identical sex and despite the dead body being naked, even with the permission to each of them to look at the private parts of the other, though with some repugnance.
There is no difference whether the wife is a free woman or a slave, permanent or temporary, or divorced revocable before the expiry of the ‘Iddah for divorce, though there is difficulty in accepting the rule in respect of the last two.
Problem # 8 There is no difficulty in the permissibility of a man ritually washing the dead body of his close relatives within the prohibited degrees, or otherwise, provided that there is no person of sex available, even if the dead body is naked, provided that its private parts are covered.
In case, however, there is a person of identical sex available, there is hesitation and difficulty (in the application of this rule), and so caution must not be given up.
Problem # 9 A master can ritually wash the dead body of his slave girl, provided that she is not married (to some other man), nor is passing an ‘Iddah (divorce given by some other man), nor Mubadah, or, according to the more cautious opinion, even a Mukãtibah.
As regards the ritual washing of the slave girl by her master, there is difficulty (in its permission).
Problem # 10 The dead body of a person of doubtful sex, in respect of being a male or female, due to its being a hermaphrodite, shall be ritually washed by a man or woman from behind a cloth (or curtain).
Problem # 11 It is a condition that the person ritually washing the dead body (a Muslim) must be a Muslim, rather a Mu’min (i.e. a Shi’ah) in ordinary circumstances.
In case a washing person of identical sex available is confined to a Kitãbi (Ahl-i Kitãb: a Jew or a Christian) man or woman, he/she should be ordered first to perform ritual bath, and then ritually wash the dead body (of a Muslim), and, if possible, not to touch the water or the dead body, or must wash the dead body in water in quantity of a Kur or running water.
If the available washing person of identical sex is a Kitãbi or one belonging to the opposite (i.e. a non-Shi’ah) sect, the latter shall be preferred.
Problem # 12 If a person of identical sex, although a Kitãbi (Ahl-i Kitàb), is not available, according to the stronger opinion, the ritual washing of the dead body shall be dropped, and it is not far from being permissible to give up the ritual washing and bury the dead in its own clothes, in the same way as it is more cautious to dry up the dead body before burying it due to the possibility of some uncleanness left on the body which may pollute its shroud.
Problem # 13 According to the more cautious opinion, there is a condition that the person performing the ritual washing of the dead body should be an adult. So, according to the more cautious opinion, it is not permissible for a discreet minor to perform the ritual washing of a dead body, even if his prayers are considered valid, as is the case according to the stronger opinion.
First of all it is obligatory to remove the uncleanness from the body of the dead. According to the stronger opinion, it is sufficient to wash each part of the body before performing its ritual washing, although it is more cautious to clean the entire body before beginning to perform its ritual bathing.
It is obligatory to ritually bath the dead body thrice ; firstly, with the water mixed with the leaves of the lotus tree (Sidr); secondly with the water mixed with camphor; and thirdly with pure water.
If the above order has not been observed, it should be repeated in the above order so that the above order may be observed.
The procedure of each of the three baths shall be similar to that of an obligatory bath for Janãbat (pollution due to discharge of semen).
The ritual bath of the dead body shall start from the head and the neck, then the right side, followed by the left side. According to the more cautious opinion, it is not sufficient to dip the body in water in the three baths, so that each time a single dipping may be sufficient Of course, it is permissible in the three ritual baths to dip each part of the body in a large amount of water observing the necessary order.
Problem # 1 It is a condition in the leaves of the lotus tree and camphor each to be in such a quantity that the water may be considered to have been mixed with each of them, while the water may remain in a state of purity.
Problem # 2 If out of the leaves of the lotus tree and camphor any or both of them are not available, according to the more cautious opinion, the ritual bath of the dead body shall be performed with pure water in place of what is not available, rather its obligation is not devoid of force. The bath shall be performed with the intention of being compensatory, observing the necessary order.
Problem # 3 If water is not available, Tayammum shall be performed thrice in place of the three baths in the necessary order, but, according to the more cautious opinion, another Tayammum shall be performed with the intention of being in place of all, though, according to the stronger opinion, it is not necessary.
Tayammum shall also be performed if the dead person has been wounded, burnt or infected with small-pox in a way that there is fear that his skin will be split if washed. Caution should not be given up by performing the Tayammum by the live person as well as with the hand of the dead person, if possible, though sufficiency of the Tayammum, being performed by the hand of the dead, if possible, is not far from being permissible. It is sufficient to strike the face and both hands (on the earth) once, though, to be more cautious be done repeatedly. sufficient to strike the face and both hands (on the earth) once, though, to be more cautious, it should be done repeatedly.
Problem # 4 If there is no water except in a quantity that is sufficient for the performance of a single bath, the dead body shall be bathed once followed by two Tayammums.
If there are both the things to be mixed with the water, (namely, the leaves of the lotus tree and camphor) and the leaves of the lotus tree alone, the water shall be spent in the first bath followed by Tayammum for the other two baths.
According to the stronger opinion, the same shall be the case if both the things to be mixed with the water (namely, the leaves of the lotus tree and camphor) are not there, though it is a distant likelihood of being obligatory to use the water for the third bath, and perform Tayammum for the first two baths. The cautious way is to observe both the possibilities by performing Tayammum in place of the first two baths respectively by way of caution, and then two Tayammums should be performed with the intention of caution, one in place of the second bath and the other in place of the third. If there is camphor alone, it shall be used in the first bath, followed by two Tayammums for the second and third baths, though there is a distant likelihood of using the camphor for the second and Tayammum should be performed for the first and the third baths. It is more cautious to perform Tayammum first in place of the first bath, then the bath should be performed with the water mixed with camphor with the intention of being a bath in place of the water mixed with the leaves of the lotus tree or its being the second bath. Then two Tayammums should be performed, one in place of the water mixed with camphor and the other in place of the bath with pure water. If there is water sufficient for two baths only, then if there are both the things required to be mixed with the water, they shall be used in the first two baths, and Tayammum shall be performed for the third bath. The same shall be the case if there were only one or none of the things required to be mixed with the water.
Problem # 5 If the dead person had tied Ihram before death, he shall be bathed thrice like one who has not tied Ihram, but the water shall not be mixed with camphor in the second bath, except when his death has occurred after having the shaving the head during 'Umrah, and after Sa'y during Hajj. Likewise, he shall not be applied camphor except after the two cases.
Problem # 6 If Tayammum has been performed due to inability to perform the ritual bath, or the dead body has been bathed with pure water due to unavailability of the things to be mixed with water (namely, the leaves of the lotus tree and camphor), and then the excuse is removed, then if it occurs before burial, it shall be obligatory to perform the ritual bath in the former case, and according to the more cautious opinion to repeat the bath after mixing the water with the things required to be mixed with it in the latter case. If, however, it has occurred after the burial, then it should be treated as something that has already passed.
Problem # 7If the performance of the ritual bath for Janabat (pollution due to discharge of semen), menses or the like has been due to be performed by the dead before his death, then the performance of the ritual bathing after death shall be sufficient.
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