Fatwa #493814 February 2002Pakistan
I have two questions regarding the topic of the death of one's wife. I will be very obliged if you can answer me with some valid Hadith. Jazakallah.
Question
1)Someone told me that Hazrat Ali (AS) gave the 'ghusl' (bath) to Hazrat Fatima (AS) after her death (even though women were available in the vicinity).[Its narrated in a book 'Insaniyatt, maut kay baad']. How can this be possible? You said in Ans.4351 that a man is not allowed to give bath to his wife's dead body in Islam (unless it is extremely necessary and there are is no other female available to do so.) 2)Some people say that after the death of a woman, a man's nikkah with her becomes invalid. So, as he becomes a non-Mehram for her, he cannot look at the face of her dead body, and cannot put her inside the grave himself. How far is this concept true? And what about if the husband dies; can the wife still see his face (because now he's become her naa-mehram)?
Answer
1. A man is not allowed to give Ghusl to his wifes dead body as explained in%0D%0Aanswer 4351. This is because after the death of the wife, the man is like a%0D%0Astranger to her. As for Hadhrat Ali (Radhiallaahu Anhu) giving Ghusl to%0D%0AHadhrat Faatima (Radhiallaahu Anha), there is also another narration that%0D%0AHadhrat Umm Ayman (Radhiallaahu Anha) had given her Ghusl. However, if it is%0D%0Aestablished that Hadhrat Ali (Radhiallaahu Anhu) did give her Ghusl, then%0D%0Athis is because the Zawjiyyat (marriage) was still intact as a special%0D%0Aexceptional rule.%0D%0ADespite this, Hadhrat Ibn Mas'ood (Radhiallaahu Anhu) had objected to this.%0D%0AThis, itself, shows that the Sahaaba (Radhiallaahu Anhum) understood that%0D%0Athis is generally wrong. Therefore, the action of Hadhrat Ali (Radhiallaahu%0D%0AAnhu) was his Khusoosiyyat (specialty) only, and it was known amongst the%0D%0ASahaaba (Radhiallaahu Anhum), as we can judge from the objection, that a man%0D%0Acannot give Ghusl to his wife. (Tahataawi pg.313; Qadeemi)%0D%0A2. When a man passes away, the woman has to still sit in Iddat. The Nikah is%0D%0Astill intact after death uptil the end of the Iddat. The woman may only%0D%0Amarry after the Iddat, therefore, it is permissible for her to give him%0D%0AGhusl and also to look at him after his death. This is further substantiated%0D%0Aby a narration of Hadhrat Aaisha (Radhiallaahu Anha) who says, 'Had we known%0D%0Aearlier what we came to know later, then none except the wives of Rasulullah%0D%0A(Sallallaahu Alayhi Wasallam) would have given him Ghusl.' What she meant%0D%0Awas that she did not have the knowledge at the time of the death of%0D%0ARasulullah (Sallallaahu Alayhi Wasallam) that it is permissible for a woman%0D%0Ato give Ghusl to her husband, and had she known that at that time, then, she%0D%0Atogether with the other wives would have given the Ghusl. It is also%0D%0Anarrated about Hadhrat Abu Bakr (Radhiallaahu Anhu) that he made Wasiyyat%0D%0Athat his wife, Asmaa bint Umays (Radhiallaahu Anha) should give him Ghusl%0D%0Aafter his death.%0D%0ABut, if the woman passes away, the Nikah is totally nullified and they have%0D%0Abecome like total strangers to each other. The man is at liberty to marry%0D%0Awhomsoever he desires, e.g. late wife's sister whereas he was not allowed to%0D%0Amarry her whilst his wife was alive. It is, therefore, not permissible for%0D%0Ahim to touch her, but he may look at her.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0Afor: Mufti Ebrahim Desai%0D%0AFATWA DEPT.%0D%0A%0D%0ACHECKED AND APPROVED: Moulana Imraan Vawda %2F Mufti Muhammad Kadwa