The dead person (mayyit) and the rules of the funeral

In the lexicon, mayyit is one who has left life; mayyit with a doubled y is one who is in the state of the dead but not dead. In law, the dead is one who has left life, and the living is the opposite. ^{1 2}

The Hanafis, Shafi'is and Hanbalis allow kissing the face of the dead, citing the Prophet ﷺ's kiss on Uthman ibn Maz'un after his death and Abu Bakr's kiss. Al-Subki recommends it for the kin, and the Shafi'is limit it to the righteous dead. All agree that closing the eyes once death is certain is recommended. ^{2 3}

The Hanafis recommend removing a woman after childbirth and a person in major impurity from the presence of the dead; the Malikis recommend keeping menstruating and impure persons away when death approaches; the Hanbalis dislike a menstruating or impure person approaching the body. The jurists differ on prompting the dead with the words there is no god but God after death. ^{3 4}

The Hanafis, Shafi'is and Hanbalis allow a person in major or menstrual impurity to wash the dead without disapproval, since the aim is purification, which these persons can achieve. The Malikis dislike washing with grease if softening needs it, and a view reported from Abu Yusuf dislikes a menstruating woman washing the dead. ⁴

All agree that the jaw should be bound with a broad band over the head so the mouth does not stay open, and that the joints should be softened before washing and shrouding. The Hanbalis drop the softening if it may break the limbs and cause mutilation. ^{4 5}

All agree it is recommended to turn the body towards the qibla, but they differ on how. The Hanafis lay it on its right side as in the grave, or on its back with the head raised slightly. The Malikis use the right side, then the left, then the back. The Shafi'is use the right side as in the niche, then the left, then the back. The Hanbalis use the right side in the sounder school view, or the back. ^{4 5 6}

The jurists recommend covering the body during washing, and differ on the part to cover: the Hanafis cover the heavy awra, the Malikis cover from the navel to the knee, the Shafis cover the whole body with a light cloth except for one in the state of pilgrimage, and the Hanbalis cover from the navel to the knee. Al-Qadi says the body should be washed in a thin shirt. ^{5 6 7}

The Hanafis and Malikis dislike reading the Qur'an beside the dead before washing; the Hanbalis recommend reading the chapter of Ya Sin and the opening chapter beside the dead. ⁷

The majority hold that washing a Muslim is a collective obligation, and the same is true of shrouding, carrying and burying; the manner of carrying and the number of bearers differ. ⁷

The jurists forbid digging up a grave except for a valid reason, such as land or a shroud taken unlawfully or property that has fallen into the grave. The Hanafis, Shafi'is and Hanbalis forbid moving a body after burial in all cases; the Malikis allow it on conditions. ^{7 8}

Most jurists hold that whoever slanders the dead is liable to the hadd penalty. The Hanafis give the claim to the lineal kin whose descent is touched; the Malikis give it to the children, however far down, and the father, however far up, then to the agnates; the Shafi'is give it to the heirs, with differences over who; the Hanbalis give the son the claim when his mother is slandered after her death. ^{8 9}

The jurists differ on shaving or combing the dead, plaiting a woman's hair, and trimming the nails; these are treated under their own entries. ⁹

All agree that a miscarriage which cries out is washed and prayed over; beyond that there is difference. The Hanafis and Malikis dislike bringing the dead into a mosque and praying there; the Shafi'is and Hanbalis allow it. ^{9 10}

Most Hanafis hold that the dead becomes impure by death, through the flowing blood; some say the impurity is one of ritual state, and Muhammad ibn Shuja' al-Thalji holds that the human corpse is not made impure. The Malikis (in the adopted view), the Shafi'is (in the sounder view) and the Hanbalis (in the sound view) hold the corpse of a human pure, citing the verse on the honour of the children of Adam. ^{10 11}

Most jurists hold that a part cut from a human takes the rule of the whole. The Hanafis hold unplucked hair pure, while bone, sinew, tooth and nail are pure; the Malikis hold such parts pure; the Shafi'is and Hanbalis follow the rule of the whole. ¹²

The Shafi'is and Hanbalis wash and pray over a found part of the dead, citing reports about bones and heads in the time of the Companions. The Hanafis wash and pray only when more than half the body is present, and the Malikis require two thirds. ^{12 13}

When a dead person, a person in major impurity, a menstruating woman and a person in minor impurity share water that is not enough for all, the owner has first claim. Where the water is free, the Hanafis give the major-impure first, the Malikis give the dead priority over a living person, and the Shafi'is give the dead priority, as the closing act of purity; a view of Ahmad gives priority to the living. ^{13 14}