# Jurisprudence Made Easy

PDF pages 49 to 60. Physical PDF numbering, not inferred printed labels.

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Previous block: [pages 37 to 48](pages-037-048.md).

Next block: [pages 61 to 72](pages-061-072.md).

## PDF PAGE 49

```text
49
prayer. Come a second or a third day, she must do the
whole procedure again. That is, if no change has occurred
as to the type of istihadha.
* Does the istihadha change from one type to another?
- Yes, it may change. A major istihadha could turn into a
minor one, and vice versa.
* How would a woman know that her istihadha has
changed?
- [She must check for the blood before every prayer] and
act according to the degree of istihadha, be it minor,
medium, or major.
* Should she change the towels she uses during the
istihadha?
- Yes, if they were of the disposable type. If not, they
should be washed, for every prayer when the istihadha is
minor or medium. Should it be a major one [she must
change them, if it was possible] and take extra precaution
against blood coming out for the period from the ghusl to
the end of prayer, provided that such a precaution does
not entail any harm to her wellbeing.
* Should she embark on prayer as soon as she becomes
tahir?
- [Yes.].
* What is the ruling on istihadha?
1. A woman in a state of istihadha must become tahir, for
prayer, as soon as the bleeding stops by way of wudhu, if
istihadha was minor or medium, and through ghusl, if it
was major.
2. It is not permissible for a woman in a state of istihadha
to touch the writing of the Holy Qur’an. It is permissible,
however, to do so after she becomes tahir.
3. In the case of divorce, it is permissible to pronounce a
```

## PDF PAGE 50

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51
woman, in a state of istihadha, divorced.
4. Certain prohibitions, such as sexual intercourse,
entering, staying in, and leaving something inside
mosques, and reciting the ayas of sajdah, that are imposed
on a woman in haydh do not apply to a woman in
istihadha.
5. Fasting of a woman in a state of minor or medium
istihadha is acceptable, even though she may not be able
to observe wudhu or ghusl for prayer. As for a woman
with a major istihadha, a number of jurists maintain that
the acceptability of her fasting is dependent on her doing
ghusl the night before and the ghusls during the day of
fasting. However, it is most evident that this should not
invalidate her fasting.
6. Wudhu is not obligatory on a woman with major
istihadha, for ghusl would make up for wudhu. As for her
who is with a medium istihadh, she must do wudhu after
ghusl [that is obligatory on her].
```

## PDF PAGE 51

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51
Dialogue on death related matters
I was tense, apprehensive, and agitated when my father
started the discussion on the topic of death. He
approached the subject with due care and serenity that
was expressed in his look and the intonation of his voice.
This seemingly unusual way of starting the discussion and
the somewhat death charged atmosphere scared me,
causing my heartbeat to go faster with a shiver down my
spine. Finally, the drops of sweat that gathered on my
forehead gave my true feeling away.
When my father noticed the signs of fear in my eyes and
on my face, he asked me:
- Are you afraid?
* Why should I not be afraid?
- Are you afraid of death or the dead?
* Although I am afraid of death more than the dead, yet I
said, “the dead”.
It was a terrifying fear that I admitted to today, for I have
never witnessed a person dying. I did not know how I
would face the experience of someone dying before my
eyes. Before today, when I witnessed a funeral procession,
a state of melancholy would force me to turn away.
* Yes, I am scared of the dead.
I said it for a second time to reinforce my state of mind.
- Are you scared of the dead more than death? What is
there after death to be afraid of? My father explained.
He added: Are you scared of a person who just moments
before death was like you; he used to eat, drink, laugh,
cry, go for a stroll, have dreams, sleep etc. Then
surrendered to death which does not spare anyone.
Why not be more realistic and admit that you are afraid of
death more than you are of the dead?
Haven’t you asked yourself where all those bygone
nations and their generations have gone. “The day when
```

## PDF PAGE 52

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52
their abodes became graveyards and their wealth
inherited; the day they could no longer respond to a call
nor hear anyone who bemoaned them”. ”How many of
the gardens and fountains they have left! And cornfields
and noble places! And goodly things wherein they
rejoiced; thus (it was), and We gave them as a heritage to
another people.” (44/25-28).
And where have those you know gone when they passed
away?
Where are your ancestors? “They exchanged the face of
the earth for its depth, vastness for a very limited space,
light for darkness, and parting with their loved ones to
solitude”.
He then reminded me of the words of Imam Ali (a.s.) at the
hour of his death, “Yesterday, I was your companion.
Today, I am an example to be pondered. Tomorrow, I shall
leave you. Take your lesson from the state I am in - my
quietness, pacifity, my eyes can hardly turn in their
sockets, and my limbs can hardly move. This is clearer to
you than words of advice”.
My father also talked of the Imam’s words when he
warned of the fire of hell, “Let it be known, this delicate
flesh cannot stand the hell fire. So, have mercy on
yourselves as you have experienced the trials and
tribulations of this life. Have you experienced agony of a
prick of a thorn, a stumble that bleeds the foot, and the
unbearable sweltering heat? Just imagine how much
worse it will be, if one is thrown into two layers of fire,
lying on stone and taking Satan for a companion!”.
It is time you should fear the aftermath of death, not
merely death itself, ”On the day when you shall see it,
every nursing woman shall quit in confusion what she
suckled, and every pregnant woman shall lay down her
burden, and you shall see men intoxicated, and they shall
not be intoxicated but the chastisement of Allah will be
```

## PDF PAGE 53

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53
severe.” (22/2).
”On the day that every soul shall find present what it has
done of good and what it has done of evil, it shall wish
that between it and that (evil) there was a long duration
of time; and Allah makes you to be cautious of (retribution
from) Himself and Allah is Compassionate to the servants.”
(3/28)
Let it be that the person who is in their last throws or who
has just died serve as a reminder for you that your turn
shall come. It should not be a terrifying experience.
A momentary silence prevailed that gave me the chance
to reconsider my position. However, it did not last long,
for my father cut short my contemplation, saying:
- Should it happen that you see a Muslim dying, leave your
apprehensions aside and [turn him towards the Qiblah
(the direction, of Ka’ba, one must face while praying)].
* How should one do that?
- Make him lie on his back with the soles of his feet
pointing to the qiblah.
* Does this mean that I should stretch his legs in the
direction of the qiblah?
- Precisely, irrespective of whether the dying person is a
man or a woman, old or young. It is advisable too that you
whisper into his ears to instil in him how to bear witness
to the unity of Allah and the prophethood of Mohammad
(s.a.w.), to acknowledge the imamate of the twelve
Imams, and to recite the Chapter of as-Saffat unto him to
ease the agony of the last throws of death. It is makrouh
for a person who is in a state of either janabah or haydh
to be present while a person is dying, or to touch their
body at the point of their giving up the soul.
* And if he dies?
- It is mustahab to close their eyes, shut their mouth,
stretch their arms beside their body, straighten their legs,
cover them, recite verses from the Holy Qur’an, light the
```

## PDF PAGE 54

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54
place where they used to dwell, and inform the faithful to
attend their funeral; it is also mustahab to prepare the
body for burial quickly, unless you suspect the person is
not really dead.
* What if you are not sure the person is dead?
- You may delay burial preparations until you have made
sure that they were dead. Then, it will become obligatory
that you wash the body and take other necessary steps.
* What about foetal miscarriage or abortion?
- Even the foetus, of four months [or even less than that,
but well proportioned in creation] should be accorded the
same treatment. Prayer for its soul, however, is not
obligatory and not mustahab.
* Who takes the responsibility of washing the body of a
dead person?
- A male can wash a body of a male. Likewise, A female
can wash a body of a female, except in the case of
husband and wife. They can wash one another’s body.
The same goes for a discerning youngster, male or female;
they can wash each other’s body. The same ruling applies
to a mahram (One’s immediate relatives - according to a
certain classification detailed in Shari’a law), who can
wash the body of his mahram from the opposite sex [if a
mahram from the same sex was not available].
* How is the corpse washed?
- Three types of ghusl should be carried out.
1. Once using lotus leaves (sidr) added to water.
2. The second ghusl using water with camphor added to
it.
3. The third ghusl using pure water.
[Provided ghusl be sequential], i.e. washing the head and
neck first, then the right part of the body, then the left
```

## PDF PAGE 55

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55
part. Furthermore, the water used should be tahir, not
najis, ownerless (mubah), not maghsoub (usurped), free
from impurities (mutlaq), not mixed; the lotus leaves and
camphor should also be ownerless.
* Do you have to remove the clothes of the dead person
while washing?
- It can be washed with the clothes on; it might even be
better.
* How can you guarantee the purity of the water when
you add lotus and camphor to it?
- Care must be taken to add the quantity that would not
turn it into a mixed type of water, i.e. without losing its
properties as water free from impurities.
* The body of a dead person might become najis through
contact with an external source or from within the body
during ghusl. What should one do?
- Removing the source of najasah and rendering the body
tahir from it is obligatory. Renewing ghusl, however, is not
mandatory.
* What should be done after ghusl?
- It is obligatory to embalm the corpse and shroud it.
* What does embalming involve?
- Wiping the seven points of the body that are usually
placed on the floor during prayer (mawadhi’ as-sujoud)
with pounded camphor that still has its smell. The
camphor used should also be ownerless, not usurped,
tahir, and not najis, [even though it will not necessary lead
to rendering the dead body najis]. It is preferable that the
wiping is done with the palm of the hand, starting from
the forehead.
* What about the order of the rest of the seven points?
- No particular order is necessary.
* How should you go about shrouding the body?
- It is obligatory that the dead body be shrouded with
three pieces:
```

## PDF PAGE 56

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56
1. The loin cloth [that should cover the area of the body
between the umbilicus and the knees]
2. The shirt [which should cover the area of the body
between the shoulders and the middle of legs].
3. The covering cloth, that should cover the whole body
[and should be long enough so that you can tie it at both
ends].
* And widthwise?
- It should be wide enough [to wrap the entire body and
overlap].
* Are there any other conditions regarding these pieces of
cloth that should be met?
- Yes, in total they should be sufficient to cover the entirety
of the corpse. It should not be maghsoub, not made of
pure silk, [not gilded, and not made of furs of animals
whose meat is not fit for human consumption], and not
najis; in an emergency, however, apart from cloth that is
maghsoub, shrouding with the rest becomes permissible.
* If, for any reason, shrouding with three pieces becomes
impossible?
- Shrouding the body with any piece available would
suffice.
* Once ghusl, embalming, and shrouding is done, what
next?
- Performing the special prayer for the dead is obligatory,
even if the dead person is a child, who could not
understand what prayer is, e.g. a six-year old.
* How is prayer conducted?
- Prayer for the soul of the dead is different from the daily
prayer that is usually done, both in form and content. It
consists of five takbirat (the utterance of “Allahu Akbar”,
Allah is Great); it involves no recitation from the Holy
```

## PDF PAGE 57

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57
Qur’an, no bowing, no prostration, no tashahhud (the
middle of a prayer, said sitting, where testament of the
unity of God and the prophethood of Mohammad is
uttered), and no tasleem (the concluding part, of a prayer,
said sitting, where saluting the Prophet, oneself and the
good servants of the Creator, and the two angels takes
place). Basically, the person who leads the prayer and
those taking part in it invoke mercy for the dead person
after the first takbirah. As for the rest four takbirat, you
could offer a number of supplications, praying for peace to
be with the Prophet and his Pure Progeny, praying for the
well-being of the faithful, and praising God Almighty.
* Could you give me a brief account of it?
- After uttering the inaugural takbira, you should bear
witness to the unity of Allah and the prophethood of
Mohammad. On reciting the second takbira, you may say,
“Allahumma Salli Ala Mohammadin Wa Aali Mohammad”,
meaning, May Allah’s peace be with Mohammad and his
Pure Progeny. After the utterance of the third takbira, you
may invoke forgiveness for the believers. After the fourth
takbira, you may pray for mercy and forgiveness for the
dead person. Upon uttering the fifth takbira, this special
prayer ends.
* Are there any other important matters one should take
account of when performing this special prayer?
- Yes, the following are the salient points:
1. There must be niyyah (intention - to designate the
prayer one is performing, or any other act of worship, and
that the sole purpose of the act is to seek nearness to
Allah). In this case, the name of the deceased must be
specified.
2. Performing the prayer in a standing position so long as
one possibly can.
```

## PDF PAGE 58

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58
3. The prayer must be performed after the dead body has
been washed, embalmed, and shrouded.
4. On performing the prayer, one should face the qibla, if
one is free to do so.
5. The dead body should be lying in front of the person
who is conducting the prayer.
6. The head of the dead person should be on the right
hand side of the person conducting the prayer and his
legs to his left.
7. The dead body should rest on its back.
8. There must be no barrier between the dead body and
the person conducting the prayer, such as a screen or a
wall. There is no harm, however, if the body is in a coffin,
or shielded by another dead body.
9. There must not be a great distance between the station
of the person conducting the prayer and the dead body;
the same goes for the height, i.e. one must not be much
higher than the other. However, there is no harm in
separation, if the rows of those saying the prayer were
solid, or if there was one prayer for more than one soul.
10. Permission must be obtained from the next of kin of
the deceased to say the prayer.
11. There should be no break between the takbirat, the
supplications and remembrance.
* I have noticed that you did not mention that those who
offer the prayer should be in wudhu, ghusl, or tayamum. Is
```

## PDF PAGE 59

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59
there any reason for that?
- Tahara is not obligatory on the people who are
conducting the prayer.
* After the prayer has been performed, what next?
- The corpse must be buried, provided that:
1. The burial be so secured that carnivorous animals,
should they be present, would not encroach upon the
sanctity of the body.
2. The burial ensures no spread of bad smell, from the
body, that might be a source of discomfort to other
people.
Upon entombing the corpse, it should be placed on its
right hand side, ensuring that the face should be set in the
direction of the qibla.
* Are there any conditions that should be taken into
consideration insofar as the place of burial is concerned?
- Yes,
1. The plot of land must be ownerless, not maghsoub; not
reserved by way of endowment to any private quarter,
such as schools and Hussainyyas. Due care should be
accorded to the upkeep of the place or adjacent buildings,
[even if it does not pose any damage or hindrance to the
place].
2. Extra care must be accorded to the sanctity of the
corpse, in that, places, such as rubbish tips should be
avoided as places for burial.
3. The corpse of a Muslim must not be buried in the
graveyards of the infidels.
* And after burial?
- It has been related from the Messenger (s.a.w.) that,
```

## PDF PAGE 60

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61
“Nothing more difficult shall befall the dead than the first
night. So have mercy over your dead by way of
almsgiving. Should you not afford it, you may perform a
two-raka’a (the bowing act) prayer for their souls. In the
first raka’a, you may read after the Chapter of al-Fatiha,
the verse of al-Kursi (The Throne). In the second, after al-
Fatiha, you may recite the Chapter of al-Qadr ten times.
On concluding the prayer, you may say, “Allahumma Salli
Ala Mohammadin Wa Aal Mohammad”, and, “Oh Allah,
please accept this on behalf of the dead person, i.e be
naming them.
* In a previous dialogue, you mentioned a special ghusl
you called, “ghusl of touching a dead body”. Could you tell
me more about it?
- Yes, ghusl is obligatory on anyone who comes into
contact with a dead body, which has lost its heat and
before it is washed, irrespective of whether it belongs to a
Muslim or an unbeliever.
* Is ghusl called for, if the body is wet?
- Irrespective of whether it is wet or dry, and no matter
whether touching the corpse is done at will or accidental.
* What should the person who came into contact with a
corpse do?
- They should do the following:
1. Perform ghusl before embarking on prayer, for example.
2. It is haraam for a person in a state of uncleanness to
touch the writing of the Holy Qur’an, or do other things
that are forbidden to a person in a state of janabah.
There are also other matters that follow on from a death
of a person that you need to know about.
- When a husband dies, his wife should observe a waiting
period, irrespective of the age of the wife, and whether or
not the marriage was consummated. A non-pregnant wife
```