Allowable Reasons for excavation (digging out) a deceased

(1) to bath the deceased only if
- the body have not started to smell
- the deceased have not been bathe before this due to some reasons

(2) to make the deceased face the kiblah
- if somehow it did not before this

(3) to retrieve possessions that is buried with the deceased
- if it is the possession of the deceased himself, then only when inheritors(waris) demands for it then can it be carried out. If the deceased somehow swallow his possession, then the grave cannot be dug. However, if the swallowed possession is not his, then it can be dug out if the owner of that possession demands so.
- possessions of other people e.g those who assisted in the burying that drop inside the grave can be retrieved by digging the grave as well.

(4) a woman whose foetus was buried together with her AND the foetus has a chance of living
Note:
- only if there is possibility that the foetus is still living
- in the case where a pregnant woman dies, and it is not possible to take out the baby, the woman and the baby cannot be buried until the baby is dead as well.

other allowable reasons
(a) deceased buried in illegal ground can be shifter
(b) if the deceased is kafan ( wrapped) with kafan that is stolen
(c) if a kafir is buried in makkah/madinah MUST be excavated
(d) if the area is flooded, can shift the deceased
(e) if there is nothing that remain from the deceased, not even its bones, the grave can be reused. although the sulbi will remain, it is microscopic and cannot be seen by the naked eye.
(f) investigation purposes

burying the deceased

the least is for there to be a hole in the ground such that when the deceased is buried,
(1) it conceals the smell of the deceased body
(2) it protects the body of the deceased from wild animals like scorpion, snakes etc.
Notes:
There must be a hole. If it is difficult to dig due to the condition of the ground(hard stony ground) whatsoever, then only placing soil above the body suffice.

for completeness, is to
(1) dig a hole that is as high as 1 body length with the arm stretched out ( approx 2 meters)
- does not matter the size of the kid
(2) the right cheek to cheek to touch the ground

it is wajib (compulsory) to ensure that the deceased is facing the qiblah
(1) if the deceased is placed lying straight up (face facing upwards to the sky), then the feet should be in the direction of ka'bah
(2) if the deceased is placed lying sidewards, then the face should be facing the ka'bah

Notes:
- the dimension of the width and the length of the hole depends on the size of the body
- Question: can the height of the grave be high above ground? Yes, for prominent people such as a wali, a scholar etc. This is so that it is easier for ziarah and to to note that that grave is not reusable. This is allowed by the earlier scholars because of a daleel of sahabas who were challenging to jump higher than the height of a particular grave of someone at that period.

syurut at-tayammum

--10--
(1) to be done using turab
- although linguistically turab means sand, in this context turab refers to earth(dry and soft)

(2) and that the turab is tohiran (pure)
- therefore sand from the cemetery is not acceptable

(3) and that the turab is not musta'mal (used eg. from previous tayammum)

(4) and that the turab is not mixed
- with flour and the like , cement and others for example

(5) have the intention of using the turab for tayammum
- If someone else is doing it (putting the turab on your face and hands) for you, then permitting him to do so will be counted as the intention

(6) must tap/hit on the turab with the palm of one's hands twice (total)
- once for the face and the another for the hands

(7) all najasah have to be removed from one's body

(8) know the direction of the qiblah before tayammum
- if one does not know, then one must choose a direction as the qiblah either
(i) through knowledge even if a little or
(ii) by making a guess
- if one finds out later that the qiblah he chose is incorrect, only those that chose the qiblah through (ii) needs to repeat the prayer

(9) that the tayammum is done after the entrance of the prayer time (at least 75% sure)
-if one is doing jamak, the time of asr enters with the time of zuhr
-for sholat tahiyyatul masjid, the tayammum must be carried out in the mosque itself i.e. after he enters the mosque
-for sholat jenazah, one can only tayammum after water (for ghusla lilmayyit) has reached all parts of the body of the deceased

(10) each tayammum is enough for only one fardhu 'ain prayer and as many fardhu kifayah and sunnah prayers.
- one tayammum is also required for the sermon (khutbah) for Friday prayers and another is required for the Friday prayers itself (counted as one Fardhu 'ain prayer)

Asbab At-tayammum

1. Faqd al-Maa' - Absence of water

4 types of knowledge (of the presence of water)
(a) yaqin (sure/certain) - 100%
(b) dzhon - 75%
(c) syak - 50%
(d) tawahum (doubt) - 25%

if one is yaqin that
case 1: there is water within haddilghurb : 9000 zira' (arms length) or 1.5 miles
-this is considered as still near, need to look for it.
-however, if there is danger in doing so for instance possibility of getting lost, presence of wild animals or possibility being found by enemies, then there is no need to do so

case 2: there is water at ditances further than haddilghurb
- need not look for it.

if one is in dzhon/syak /tawahum (doubt)
- one have to look around until haddilghawth : 300 zira' (arms length) or 0.5 mile

if the next prayer time would enter when one goes in search for the water, then one can tayammum unless one is sure that there is water within the haddilghawth

if the place usually has water, but at that moment it does not have water,
-CAN tayammum but have to repeat prayer
-note: Imam Nawawi opinion is that need not repeat prayer

if the place rarely has water
-CAN tayammum and need not repeat prayer


2. al- maradh

if a sick person is sure that using water will result in
(a) loss of his life
(b) get paralysed
(c) extend recovery period
(d) cause deformity that can be seen during daily activities ( eg. scar will remain at the arm)
condition :
-must be sure (from doctor's advice or through experience)
-if unsure (CAN tayammum but have to repeat)

note: in these cases (a)-(d), a person is judicially considered not having water although water is present

Example of carrying out tayammum if a wound is on a body part of wudhu' (i.e face, arms, hand, hand) e.g. the face
- Wudhu' is performed as usual until it reaches the face step
- when it reaches the face, wash with water wherever possible
- followed by 1 x tyammum
- IF all 4 body parts are wounded whenever reach that body part step need to perform 1 x tayammum, hence total of 4 x tayammum is required.
note: 1 x tayammum = 1 x face wipe + 1 x both hands

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Bandages - 3 types
note (definitions) :
(a) in excess = more than the size of the wound
(b) excessive = more than the size of wound + more than the size required to stick the bandage to to wounded body part.

Type 1: Need to repeat the prayer
either bandage is on the body parts of tayammum (hands or face) or
the person, when he put on the bandage, he puts it WITHOUT wudhu' even though the bandage is not excessive or
the person who puts on excessive bandage WITH wudhu' .

Type 2: Need not repeat prayer
- not on the hands/face AND
- bandage is just to cover wound. not in excess at all.

Type 3: Need not repeat prayer
- not on the hand/face AND
- bandage is in excess but not excessive.

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if a person is uzur ( has a reason or alibi to perform tayammum)
- safe with himself BUT
(a) may result in lost of money ( only if cost of water > market price ) or
(b) group he is travelling with will leave him or
(c) prayer time goes out
in his quest for water.

however, if water is in the haddilghawth ( less than 300 zira' /armslength ) , need to get the water even if prayer time is going to be exhausted.

3. al ihtiyaj ilahi li'atshi hayawanin muhtaram

excluded in the hayawanin muhtaram are 6:
(i) taarikussolah - one who leave his obligatory prayer

(ii) zaanimuhsan - married person who commited zina

(iii) al-murtad

(iv) kafir harbi
4 types of kafir
(a) dhimmi - live in the same country but pay jizyah
(b) mu'ahad - have made a truce with a muslim country
(c) mu'amman - guest from a non-muslim country having no obligations but has good intentions towards muslim in that country (must have a muslim guarantor)
(d) harbi - at war with the muslims (need not be physical)

(vi) kalbu al-aquur - wild dogs
- for domestic dogs, there is a khilaf

(vii) al-khinzir - pigs

Solat Jenazah

-sirr (silent) not jahar, even if it is performed at night. Note: It is not the practice to bury the dead at night unless if a deceased body of more than 3 days is found.

- definition:
janazah- deceased in the coffin
jinazah - the coffin itself

7 Arkan

1) Niyyah
- must intend "fardhu".
- the following is acceptable:

• I intend to pray upon this deceased
• I intend to pray upon fulan bin fulan
• I intend to pray upon whoever the Imam is praying upon ( most general niyyah)
• Imam al-ghazali advocates: I intend to pray upon whoever passed away today who is sah for me to do so. Note: As a knowledge seeker, you can practice this but you cannot give fatwa for this.

What is meant by whoever is sah for me to pray upon?
Whoever who passed away in our lifetime. It is haram to pray upon whoever who passed away before we are borned because doing something that is not sah is forbidden (haram).

- mu'tamad is to perform this prayer once for a particular person. Performing more than once is allowed but there is no daleel, hence it is better not to perform this more than once.

2) At least 4 takbir
- allowed to do more than four
- no daleel that it is sunnah but it is allowed
- Sayyidina Hussen performed this prayer over Sayyidina Hassa with 7 takbirs
- first takbir is the takbiratulihram

3) Qiyam ( Standing)

4) Fatihah
- afdhol after the first takbir
- anytime after the first takbir

5) Selawat upon the prophet(s)
- afdhol after the 2nd takbir
- anytime after the 2nd takbir ( but not before it, can but does not count as rukun)
- most afdhol: Selawat Ibrahimiyah
- sunnah to begin with hamdallah
- sunnah to add salam
- some scholars say no need because not related in selawat ibrahimiyah

6) Do'a
- afdhol after the third takbir
- anytime after the third takbir ( but not before it, can but does not count as rukun)
- in arabic
- minimum : allahumaghfirlahu warhamhu wa'afihi wa'fu 'an hu
- male deceased: hu female: ha
- if mixed up male ha female hu, then it is sah. it is ta'wil that ha is meant for the nafs ( self of the deceased) hu meant for the ruh of the deceased.
- longer do'a :

7) Salam
- after the fourth takbir
- Sunnah of saying wabarakatuh : Imam Ibnu Hajar say yes, Imam Ramli say no. But mu'tamad is to say it softly ( softer than assalamu'alaykum)
- after the fourth takbir it is also sunnah to do'a that is as long as the do'a in the third takbir and end with ------------- followed by selawat upon the prophet.

The Imam of the Solat Jenazah
-Afdhol for member of family to become the Imam

• more affectionate

kafan for the deceased

- minimimum 1 thawb
- for completeness

• 3 lafaif for males
• 1 qomis + 1 himar + 1 Izar + 2 lafaif for females

- a deceased slave women follows the female for the above

- the deceased has a right to be given "completeness" unless

• he has a wasiyya that he wants to cover only his aurat
• a creditor lay a claim on the deceased of 2 kain (deceased will be left with 1 thawb)

- the deceased who have a wassiya of requesting more than the completeness can be declined by the ahli waris

- the person in ihram cannot cover the head (for males) or face (for females)

Question: Should we use old/new cloth for the kafan?
Rasulullah (s) used new kafan while Sayyidina Abu Bakr used old kafan. In the mazhab of Imam syafi'ie, it is sunnah to use new kafan. But there are opinions that say old kafan because Sayyidina Abu Bakr said the new is for the living.

Ghusl for the Deceased

-the person performing the ghusl: niyyah not compulsory (sunnah)
-water must reach the entire body

wudhu' for the deceased
- the person performing the ghusl must niyyah for the wudhu' to be sah
- nothing can nullify this wudhu' of the deceased

Choosing the person who performs this ghusl
-must be an amin ( a trustworthy person)

• so as to prevent ghibah (backbiting)
• aurat of the deceased must be covered and cannot be touched
• good/commendable seeings can be spread to others
• for i'tibar, do not mention specific names

Sunnah
- to mix water with

• camfor
• cider ( a kind of leaf that becomes powdery and is cool in nature )
• anything that by nature is cool

-to repeat 3 times, more afdhol 7 times, even more afdhol 9 times, and there are riwayas up to 11 times


Note: A deceased who is a syahid do not need to be ghusuled