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Second, paving the floor of the grave with concrete except when the floor is damp. But as regards the undesirability of paving the floor with something else than concrete like stone or brick, there is also hesitation, as the desirability of placing the dead body on simple earth is not free from significance.
Third, father’s entering the grave of his son, due to the fear of his lamentation and consequent loss of the reward (for burying the dead).
Fourth, throwing dust on the grave of the dead by those related to the dead by consanguinity.
Fifth, closing the grave of a person with the dust of the grave of another and coating his grave with the mud made of the dust of another person’s grave.
Sixth, restoration of the grave after its demolition, except in case of the graves of the prophets, peace be upon them, the saints, the pious, and the religious scholars.
Seventh, sitting on the grave.
Eighth, easing nature in the graveyard.
Ninth, laughing in the graveyard.
Tenth, leaning on the grave.
Eleventh, stepping on the grave without emergency.
Twelfth, raising the grave higher than four open fingers from the surface of the earth.
Conclusion Concerning Burial
The Conclusion comprises the following problems.
Problem # 1 It is permissible to shift the dead body from the place of death to another place before it is buried, though it is disapproved, except when shifted to the holy shrines and sacred places, where it is not disapproved to shift the dead body, rather it is meritorious and preferable to do so.
If the dead body is shifted to any place other than the holy shrines, it is permissible without being disapproved only when long distance and delay in burial shall not bring any change in the dead body or cause decomposition or dishonor to it.
In case the shifting may have such harmful results, it shall not be permissible to shift the dead body except to holy shrines absolutely. It is more cautious to give up shifting it even to the holy shrines where it may have such results and trouble to participants.
After the burial, if, however, it is found necessary to take out the dead body from the grave, or it comes out due to one or the other reason, it shall be treated as the dead body not yet buried.
As regards the exhumation of the dead body, it is not permissible except for shifting it to the holy shrines. There is difficulty and hesitation in exhuming the dead body even for shifting it to the holy places.
The action of some people who deposit the dead body as a trust and do not bury it in the usual way in order to shift it later to the holy shrines with a view to be saved from the prohibition of its exhumation is unlawful and, according to the stronger opinion, it is obligatory to bury the dead body by concealing it under the earth.
Problem # 2 It is permissible to mourn the dead, rather it is desirable in case of profound grief, but nothing must be said which may entail the divine wrath.
Likewise, it is permissible to lament the dead in prose or poetry, provided that it does not contain vain things like false statements or other forbidden things; rather, to be more cautious, the lamentation should not contain wailing or bursting in loud laments. Similarly, according to the more cautious opinion, it is not permissible to slap, scratch or tear the hair or pull them out or scream far from moderation. It is also not permissible to tear one’s clothes, except for the father or brother of the dead, rather some of these cases entail expiation. (For example), if a woman tears her hair in grief, it entails the expiation of (breaking the fast in) Ramadãn. If she pulls them out, she shall be liable for the expiation of (breaking) an oath. Likewise, she shall be liable to the expiatation for (breaking) an oath if she scratches her face in a way that it may lead to bleeding, rather, according to the more cautious opinion, she shall be liable to the expiation in all cases of scratching her face.
If a man tears his clothes on the death of his wife or child, he shall be liable to feed or clothe ten poor persons, or emancipate a slave. In case it is not possible, he shall be liable to keep fast for three days.
Problem # 3 It is forbidden to exhume the grave of a Muslim or one treated as a Muslim, except with the knowledge of its demolition and its turning to dust.
Of course, it is not permissible to exhume the graves of the Prophets and the Imams, peace be upon them, even if it is a long time (since they were buried). Rather the same rule applies to the graves of the children of Imams, pious persons and martyrs, whose graves have been turned into mausoleums or places of refuge.
By exhumation is meant exhuming the body of the buried dead person once it has been concealed (under the earth) by burial. If, therefore, the grave is dug and its earth is taken out without the dead body becoming visible, it shall not be called a forbidden exhumation.
The same rule shall apply if the body of the dead person was placed on the surface of earth and a strucrure has been built over it, or it was placed in a bier of stone, or the like, and was taken out.
(Permissible Cases of Exhumation of a Dead Body)
It is permissible to lay open the grave in the following cases.
First, if a dead body was buried in a location usurped by itself or by its usufruct, forcibly, through negligence or forgetfulness, and it is not lawful for the owner to permit its staying there gratis or against payment (of the price of its land), though it shall be better or more cautious to let it remain there even against payment (of the price of its land), particularly in case the dead was an heir or relative or buried by mistake.
If the owner of the land permits the burial of the dead in his land or declares it to be lawful, he shall not be entitled to withdraw his permission or declaration of its being lawful after the dead has been buried.
If, however, the dead body comes out of the grave for one reason or the other, it shall not be obligatory for the owner to permit its reburial in that location, rather he shall be entitled to withdraw his permission.
The burial of a dead body with a usurped shroud or any other usurped material is like burying it in a usurped land. So it is permissible to excavate the grave to take away the usurped article.
If there is some article belonging to him like ring or the like which has been buried along with him, there is difficulty and hesitation in permissibility for his heirs to excavate his grave for taking it out, particularly in case it may not mean any considerable harm to the heirs.
Second, for the performance of ritual bath, shrouding or camphorating the dead body, in case it has been buried without fulfilling them, now that their performance has become possible. All these things can be done provided that they shall not cause decomposition of the dead body or its disbhonour. If the dead person has been buried without the above things due to some excuse, as the unavailability of the water, shroud or camphor, and they have become available after the burial, then there is difficulty and hesitation in the permissibility of exhuming the dead body for the fulfillment of these shortcomings, particularly in case when due to unavailability of the water, Tayammum was performed in place of the ritual bathing and the dead body was buried, and now the water is available; rather, according to the stronger opinion, it would not be permissible to exhume the dead body for the performance of the ritual bath now. In case the dead body was buried without offering prayer for it, it shall not be exhumed absolutely for offering the prayer, but prayer shall be offered on his grave, as mentioned before.
Third, when the establishment of a right depends on looking at the dead body.
Fourth, when the dead body was buried in a location bringing dishonour to it, as when it has been buried in a sewer or a place where people throw garbage. The same rule shall apply if the dead body was buried in the graveyard of infidels.
Fifth, for shifting the dead body to holy shrines, in case the dead person has left a will that his body should be shifted there after burial, or before it, and his will has been violated due to neligence, forgetfulness or ignorance, and he has been buried in some other location, or without any will, so that in the second case, according to the stronger opinion, it shall be permissible (to exhume the dead body), but in the first and third case, there is difficulty and hesitation (in its permissibility). It shall be permissible in the second case, provided that the dead body has not changed, and it may not change until the time of burial, which may mean dishonour and trouble.
Sixth, when there is fear of beasts, flood, enemy or the like.
Problem # 4 It is permissible to wipe off the remnants of the graves about whose dead bodies there is knowledge that they have been effaced, provided that there is no hindrance in it such as when they have been the property of their builder, or it is a lawful land obtained by the guardian of the dead person for the latter’s grave, or the like.
It shall be better to wipe off the remnants of the graves, if they are situated in a tomb bequeathed as a charitable endowment for the Muslims whenever needed by them, except what has been mentioned before like the graves of martyrs, pious persons, religious scholars and children of the Imãms, peace be upon them, which have since been turned into tombs.
Problem # 5 If a dead body has been taken out of its grave by way of insubordination or lawfully, or it has come out due to one reason or the other, it shall not be obligatory to bury it in the same place again, but it shall be permissible to bury it in some other place.
Final Conclusion Concerning the Dead
This final conclusion consists of two matters.
First, it is emphatically recommended to condole those inflicted by some calamity, sympathise with them and easing their grief by mentioning what is suitable for the situation and what has full conformity with the fulfilment of this purpose, such as describing the trials and tribulations of the world and how quickly they disappear, and that every person in this world shall perish and their end is very close, and referring to the traditions which have been reported about the reward promised by Allah for those who bear the misfortunes (with patience), particularly those who bear the loss of their children, so that the children intercede for their parents. Even an aborted child shall stand up at the gate of the paradise angrily, saying: “I shall not enter the paradise until my parents enter it.” So Allah lets his parents enter the paradise, and so on.
It is permissible to condole before and after the burial, though it is preferable to condole after the burial. There is enormous reward for condolence, particularly for condoling a woman whose young son is dead or one whose father is dead.
Whoever condoles a person inflicted by calamity gets a reward identical with that of the latter without there being any reduction in the reward of the inflicted person.” Every Mu’min who condoles his brother inflicted with calamity is dressed with the garment of dignity by Allah.”
Prophet Moses, Peace be upon him, while conversing secretly with his Lord, asked Him: “O Lord, what is the reward of one who condoles a woman whose young son is dead?” His Lord replied: “I shall provide him with my shelter on the day when there shall be no shelter except mine.” And that “Whoever silences a crying orphan, shall certainly be awarded paradise.” “Whoever rubs the head of an orphan with kindness, Allah, the Exalted and Dignified writes a (reward for) good deed equal to every hair from which his hand passes”, and such other Traditions which have come down (on this subject).
Simple presence before the person afflicted in a way that the latter may see the condoling person is sufficient for condolence for the calamity,. As it has its effect in satisfying the heart and extinguishing the flame of grief.
It is permissible for the relatives of the dead to sit to receive the condolence, and, according to the stronger opinion, there is no disapproval in it. Of course, it is better that it should not prolong for more than three days, as it is recommended to send food to them during this period, rather, for three days, even if they have been sitting less than that period.
Second, It is recommended on the night of burial to offer prayer for the dead which is known among the people as “the Prayer for Fright” (of the grave), as there is a Prophetic Tradition saying: “There is no time harder for the dead than the first night. So have mercy on your dead by giving Sadaqah (voluntary alms-giving). If you do not find it, then each of you should offer two Rak’ats of prayer. The procedure for the prayer referred to in the Tradition is that one should recite in the first Rak’at Surat al- Fátihah (Chapter 1 of the Quran) once and Surat al- “Ikhlas” (Chapter 112 of the Quran) twice, and in the second Rak’at the Surat al-Fãtihah once and the Surat al-Takathur (Chapter 102 of the Quran) ten times, and, after the Salãm, should say (in Arabic): “O Allah, send Blessing on Muhammad and his Progeny, and send the reward (of this prayer) to the grave of such a one, son of such a one.” So Allah at the same time shall send one thousand angels to the grave of dead, each angel carrying clothes (sic.; apparently: reward) and garments, and his grave shall be broadened until the Day of Blowing the Trumpet, and the person offering the prayer shall be given (reward of) good deeds equal to the number of things on which fall the rays of the sun, and his rank be raised by forty degrees.
According to another Tradition: “one should recite in the first Rak’at Sürat Al- Hamd (Chapter 1 of the Quran) and Ayat al-Kursi {Verse # 255 from Chapter 2 of the Quran) once, and in the second Rak’at one should recite Surat Al-Hamd once and Sürah “Qadr” (Chapter 97 of the Quran) ten times, and after the prayer should say (in Arabic): “O Allah, send Blessing on Muhammad and his Progeny, and send the reward (of this prayer) to the grave of such a one.”
If a person offers (the Prayer for Fright) in both the above methods, it shall be better. A single prayer from a single person shall be sufficient. There is no mention of the forty or forty one prayers (for Fright) known among the people. Of course, there is no objection if it is offered (so many times) without intending to follow it as if has come down in the canonical law (Shar’). It is more cautious to recite the Ayat al-Kursi upto “Hum Fihã Khãlidun” (at the end of the Rukü ‘# 34 of Surat Al Baqarah, Chapter 2 of the Quran). According to the stronger opinion, it is permissible to hire some one to offer the Prayer for Fright, as also it is permissible to get some remuneration for offering this prayer. It is more cautious to pay for offering this prayer by way of gift and beneficence (Ihsãn), and also voluntarily offering the prayer by the person offering it. The time for offering the prayer is the whole night (of burial of the dead), though it is better to offer it in the first part of the night.
Chapter Concerning the Recommended Baths
The recommended baths have several categories; from the point of view of time, place and action.
A - Recommended Baths from the point of view of Time
There are many baths which are recommended from the point of view of time. (They are as follows :)
1. The Friday Bath. It is emphatically recommended. Some of the religious authorities have even declared it to be obligatory, but, according to the stronger opinion, it is simply recommended. The time for it is from the early morning upto noon and after midday to sun set. Its Qada (compensatory) bath may be performed from the early Saturday morning to its end, but the more cautious one is to perform it from noon to sun-set on Friday intending closeness to Allah without mentioning due or compensatory. As regards the bath on Saturday, there is hesitation in its religious sanction. Caution, however, should not be given up by performing it with hope (of being desirable to Allah). It is permissible to offer it on Thursday in advance when there is fear of unavailability of water on Friday. If, however, it becomes possible to perform it (on Friday) before noon, it would be desirable to repeat it. If he gives it up even at that time, it is recommended to perform its compensatory bath after noon and on Saturday. If one has to opt between performing it in advance (on Thursday) or as a compensatory one, then the first alternative shall be preferable. There is hesitation in affiliating the Friday night with Thursday. It is more cautious to perform it with the hope (of its being desirable to Allah), as there is an amount of significance in affiliating absolute inability with the unavailability of water on Thursday, but it is more cautious to perform it in advance with the hope (of its being desirable to Allah).
2. Ramadhan Nights Baths. It means odd nights of the month of Ramadhãn like the first, third, and fifth etc., and all the last ten nights. The nights of al-Qadr (the nights of revelation of the Quran), the 15th, 17th, 25th, 27th and 29th nights are emphatically recommended. It is recommended that on 23rd night a second bath should be taken (in addition to the one taken at its start). The time for the bath is the whole night. It is, however, better to take the bath before the sun-set, except in the last ten nights, when it is not far from being preferable to take the bath between the Maghrib and Ishà’ prayers.
3. Fitr and Adha Baths. The baths on two festivals, Eid al- Fitr and Eid al-Adha are emphatically recommended. Their time is from morning till noon, and it is probably extended upto sun-set and it is more cautious to take these baths after noon with the hope (of its being desirable to Allah).
4. Tarvih Day Bath. This is the bath recommended to be taken on the 8th of Dhu’l Hijjah (the last month of the Hijrah lunar Calendar).
5. Arafah Day Bath. (This is the recommended Bath on the 9th of Dhu’l Hijjah, which the Hajj pilgrims pass at the plain of Arafat). It is better to take this bath close to noon.
6. Rajab Baths. These are the recommended baths to be taken on the first, 15th and last days of the month of Rajab.
7. Ghadir Day. This bath is to be taken on the Eid-i- Ghadir (i.e. on 18th of Dhu’l Hijjah). It is better to take this bath on the mid-day.
8. Mubahalah Day. This is the bath to be taken on 24 of Dhu’l Hijjah (Eid-i Mubãhalah).
9. Earth Flattening Day. This bath is to be taken on the 25 of the month of Dhu’l Qa’dah. It should be taken with the hope (of being desirable to Allah) and not as included in the days commanded (by the canonical law or Shar).
10. Mab’ath Day. This is the bath to be taken on the 27th of the month of Rajab.
11. 15th Sha’bãn. (This is called Shab-e Barãt in Persian, and is also the birth-day of the 12th Imam)
12. Prophet’s Birth-Day. This is the recommended bath to be taken on 17th of the month of Rabi’ul Awwal, which is to be taken with the hope (of being desirable to Allah).
13. Nowruz (The New Year Day, according to the Iranian calendar).
14. 9th Rabi’ul Awwal. This bath is to taken with hope (being desirable to Allah).
All these baths are not to be compensated if not taken on their particular days, as they are not to be taken in advance for fear of being lapsed.
The recommended baths from the point of view of place are the baths which are commended for the entrance in some particular places, as the Haram of Mecca, its city, its mosque ( Masjid al-Haràm) and Ka’bah as well as the Haram of Madinah, its city and its mosque (called Masjid al-Nabi). As regards the baths for entering other holy places, it is performed with the intention of hope (of being desirable to Allah).
As regards the baths recommended for some acts, they are of two categories.
First, a bath which is performed for the sake of the act one intends to do, or an act which one wants to happen, such as the bath for lhrãm, circumambulation, pilgrimage, staying in (plain of) ‘Arafãt (during Hajj). But the bath to be performed for staying in Mash’ar is to be performed with the intention of the hope (of being desirable to Allah), and the bath for Sacrifice, shaving the head, and for seeing any Imam in dream, as it has been reported from Imam (Musa) al-Kãzim, Peace be upon him, “when a man desires to see any Imam in the dream, he shall take bath for three nights and implore the Imams and he shall see them in the dream”, and for the prayer for a wish, lstikhàrah, or the performance of Istiftãh, called the contrivance of Umm-i Dãud or taking the sacred dust from its place, for the intention of journey, particularly for pilgrimage to the tomb of Imam Husayn, Peace be upon him, for the prayer for rain (Istisqa) on penitence for infidelity (Kufr), or for every sin, for demanding justice or complaining to Allah against one who has done injustice to him, (for all these purposes) one shall perform bath and offer two Rak’ats of prayer at a place under open sky, and then recite (Arabic):
“O Allah, so and so, son of so and so has done injustice to me, and I have no one to turn to except thee, so get my right from him just now, just now, by the name of one with whose name whenever someone in plight prayed for thy help, thou has granted his prayer, and hast removed his predicament and blessed him with power and strength on earth and appointed him thy vicegerent on thy subject. So I ask thee to send Blessings upon Muhammad and the Progeny of Muhammad, and that get my right just now.” So he shall get immediately what he has desired.
Similarly, one should perform a bath for fear of an oppressor and offer prayer, and then place his bare knees close to his place of prayer and recite one hundred times (in Arabic) “O One who is all Living, the Everlasting, O there is no god but Thou, I beseech Thy Compassion, Come to my Succor. So send Blessing upon Muhammad and the Progeny of Muhammad, and Have favour on me, subdue (enemy) on my behalf; find some stratagem for me ; find a solution for me (my enemy’s trick) ; save me from (the enemy’s) deception ; and save me the trouble of so and so, son of so and so without inconvenience.
Second, Bathing for an act which one has done. There are several baths of this category.
1. For killing a frog.
2. For looking at person hanging on the gallows, provided that he has looked upon that deliberately.
3. For failing to offer prayers for lunar or solar eclipse when there has been a full solar or eclipse. It is recommended to perform a bath while offering a compensatory prayer, caution should not be given up in this case.
4. For touching a dead body after it has been ritually washed.
Problem # 1 The time for performing the bath from the point of view of time is before entering those places in a way that after performing the bath one should enter the places Without long delay. It is sufficient to perform the bath at the beginning of the day or night and them until the end of the day or night. Rather the sufficiency of performing a bath during the day for entering at night and vice versa is not devoid of force, and if he has failed to perform the bath before entering such places, it is not far from desirable to perform it while in still in such places, particularly in case he had not been able to perform the bath before entering those places. As regards the first category of the baths for performing an act which it is recommended to perform a bath before performing the act, such as tying Ihram, or performing pilgrimage, etc., the time for such baths is prior to performing the acts, but it is not harmful to make delay in the performance of the bath and the performance of the act upto the extent mentioned. However, in case of the second category of the above baths, its times is the actual occurrence of the act, and is extended upto the end of life, though it is recommended to make hurry in its performance.
Problem # 2 The sustenance of validity of the baths from the point of view of time and the second kind of the baths from the point of view of act, and the lack of their nullity even for the occurrence of some pollution are some thing in which there is hesitation, but the canonical (Shar’} does not mention any obligation for the performance of the bath after the occurrence of the pollution. However, in case of the baths from the point of view of place and the first kind of the baths from the point of view of act, apparently with the occurrence of the minor pollution, the bath is nullified, not to speak of the occurrence of the major pollution. If, therefore, pollution takes place between the performance of the bath and entering such places, or between the performance of the bath and the performance of the acts, the bath must be repeated.
Problem # 3 If a person is required to perform several baths, from the point of view of time or place or mixed ones, it is sufficient to perform a single bath for all of them, provided that he solemnly intends it for all of them.
Problem # 4 There is hesitation and difficulty in the sufficiency of performance of Tayammum in case of inability to perform these baths It is more cautious to perform Tayammum with the intention of hope (of its being desirable to Allah) and the likelihood of its being desirable.
A discussion on the Circumstances in which it is Permissible, Things on which it is Allowed to be Performed, its Procedure, its Conditions and its Rules.
A — Circumstances in which Tayammum is Permissible
Tayammum is permissible in the following circumstances:
1. Unavailability of water in a quantity sufficient for the performance of cleansing, bath or ablution.
Problem #1 (In the above circumstance,) it is obligatory to make a thorough search for water till there is no hope for it. In the world (lit. creatures), it is sufficient to search in the rugged and hard ground upto the extent of an arrow -throw and in the level, soft and plane ground upto the extent two arrow-throws all the four directions, provided that there is possibility of finding it in all the directions, and the search would drop in the direction where it is certainly not to be found, as it would drop once it becomes certain that there is no water available in any direction, though there is likelihood of its being available beyond the above limit.
Of course, if it is learnt that the water is available beyond the above limits, it would be obligatory to obtain it if there is still time left (for offering prayer) and it is not distressing.
Problem # 2 Apparently it is not obligatory (to go to fetch the water) personally, rather it is to assign the job to one or more persons on whose statement one may get satisfaction,
as apparently a single person from among a group is enough, provided that his statement is relied upon. The absolute sufficiency of a trustworthy and reliable person for this purpose is a matter in which there is difficulty.
Problem # 3 If the land in some directions is rugged and hard and on others it is soft and plane, in each direction its respective rule of the extent of a single arrow-throw and two arrow-throws shall apply.
Problem # 4 The criterion for the arrow, bow, wind and archer shall be as prevalent usually. The criterion for the throwing of arrow is the maximum limit to which an archer can throw the arrow.
Problem # 5 If the search is given up and the time is tight, the person shall perform Tayammum and offer prayer, and the prayer shall be valid, though he has committed a sin (by not searching for water), and it is more cautious to offer compensatory prayer, particularly in case where had he searched for water, he could have found it.
In case there is ample time left (for offering prayer), his prayer and Tayammum shall be nullified in case where had he searched for the water, he could have found it; otherwise, in case he had already had the intention of closeness (to Allah), it is not far from being valid.
Problem # 6 lf a person carried out the search upto the required extent, (but could not find water, and) then performed Tayammum and offered prayer. Subsequently he succeeded in getting hold of water within the place of search, or his belongings or his caravan, his prayer shall be valid, and there shall be no obligation to offer compensatory prayer or repeat the prayer.
Problem # 7 If there is fear of a beast, thief or the like for the person’s life, honour or considerable property, it shall not be obligatory to carry out search for water.
The same rule shall apply if the time is too short for carrying out the search for water. If a person believes that the time is too short, and so he gives up the search, performs Tayammum and offers prayers, and later it transpires that there was sufficient time, then if he is still in the same place where he had offered the prayer, he shall restart the search, provided that there is sufficient time left for offering prayer. If he fails to get hold of water, his prayer shall be treated as valid, but if he finds the water, he shall repeat the prayer. In case there is not sufficient time left for offering prayer), then it is more cautious to repeat Tayammum and offer prayer.
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