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)?
1. A man is not allowed to give Ghusl to his wifes dead body as explained in
answer 4351. This is because after the death of the wife, the man is like a
stranger to her. As for Hadhrat Ali (Radhiallaahu Anhu) giving Ghusl to
Hadhrat Faatima (Radhiallaahu Anha), there is also another narration that
Hadhrat Umm Ayman (Radhiallaahu Anha) had given her Ghusl. However, if it is
established that Hadhrat Ali (Radhiallaahu Anhu) did give her Ghusl, then
this is because the Zawjiyyat (marriage) was still intact as a special
exceptional rule.
Despite this, Hadhrat Ibn Mas’ood (Radhiallaahu Anhu) had objected to this.
This, itself, shows that the Sahaaba (Radhiallaahu Anhum) understood that
this is generally wrong. Therefore, the action of Hadhrat Ali (Radhiallaahu
Anhu) was his Khusoosiyyat (specialty) only, and it was known amongst the
Sahaaba (Radhiallaahu Anhum), as we can judge from the objection, that a man
cannot give Ghusl to his wife. (Tahataawi pg.313; Qadeemi)
2. When a man passes away, the woman has to still sit in Iddat. The Nikah is
still intact after death uptil the end of the Iddat. The woman may only
marry after the Iddat, therefore, it is permissible for her to give him
Ghusl and also to look at him after his death. This is further substantiated
by a narration of Hadhrat Aaisha (Radhiallaahu Anha) who says, ‘Had we known
earlier what we came to know later, then none except the wives of Rasulullah
(Sallallaahu Alayhi Wasallam) would have given him Ghusl.’ What she meant
was that she did not have the knowledge at the time of the death of
Rasulullah (Sallallaahu Alayhi Wasallam) that it is permissible for a woman
to give Ghusl to her husband, and had she known that at that time, then, she
together with the other wives would have given the Ghusl. It is also
narrated about Hadhrat Abu Bakr (Radhiallaahu Anhu) that he made Wasiyyat
that his wife, Asmaa bint Umays (Radhiallaahu Anha) should give him Ghusl
after his death.
But, if the woman passes away, the Nikah is totally nullified and they have
become like total strangers to each other. The man is at liberty to marry
whomsoever he desires, e.g. late wife’s sister whereas he was not allowed to
marry her whilst his wife was alive. It is, therefore, not permissible for
him to touch her, but he may look at her.
and Allah Ta’ala Knows Best
for: Mufti Ebrahim Desai
FATWA DEPT.
CHECKED AND APPROVED: Moulana Imraan Vawda / Mufti Muhammad Kadwa