1- One should make
Ghusl after washing the deceased. Al-‘Uthaymeen explains the evidences for this
as follows:
-The Hadeeth, “Whoever does Ghusl upon the deceased then he should make
Ghusl himself.” [Reported by Ahmad (3161), at-Tirmidhee (993) and Ibn Maajah
(1463)]
Uthaymeen points out
that this Hadeeth is weak (although Ibn Hajar stated that the worse possible
grading giving to this narration is Hasan (good) because of its various
supporting chains) and with weak Hadeeth we have a principle:
Prohibitions found in
weak Hadeeths do not make things Haraam.
Commands found in weak
Hadeeths do not make things Waajib.
Uthaymeen explains
that this is because to make something Waajib or Haraam requires solid
evidences and weak narrations are not strong enough to carry this ruling. This
is the rule unless, if the Hadeeth can be supported by other evidences.
See an-Nukat ala
al-Muharrar by Ibn Muflih (1/110).
-It is reported that Aboo Hurayrah [may Allaah be Pleased with him]
commanded those who washed the deceased to perform Ghusl. [Reported by
‘Abdur-Razzaaq in his Musannaf (6101) and Ibn Abee Shaybah in his Musannaf
(11134)]
Some of the scholars
have taken these evidences to mean that it is Wajib to make Ghusl if a person
washes the deceased.
Others stated it is
Mustahab, and this is the opinion of Ahmad and ash-Shafi’ee, and is the correct
opinion with al-‘Uthaymeen.
The evidence for the
latter includes:
-The Hadeeth quoted above is weak. Even if it is Hasan, then it doesn’t
suggest obligation.
-The believer is pure, in life and in death, so if washing the deceased
obligates Ghusl then washing or touching the alive obligates Ghusl also, but no
one suggested this.
-Many people died and were washed in the time of the Prophet but the
Prophet didn’t command anyone else to make Ghusl after making Ghusl upon the
deceased.
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