Fiqh Of: Touching A Corpse (Mass al Maayi)

بسم الله الرحمن الرحيم

الحمد لله رب العالمين و الصلاة و السلام على أشرف الأنبياء و المرسلين نبينا محمد و على آله و صحبه أجمعين , و من تبعهم بإحسان إلى يوم الدين
أما بعد :

السلام عليكم و رحمة الله و بركاته

قال عليه السلام : " كلكم راع وكلكم مسئول عن رعيته

21 Dhul Hijjah 1435 A.H.

If a person touches a human corpse is it obligatory for him to perform a wudhu or ghusl, or is neither obligatory upon him?

The Principle ruling concerning any kind of matter in that of permissibility and purity : That is, they are to be considered permissible and pure unless there is definitive proof otherwise.

The four schools (Hanafi, Maliki, Shafi, and Hanbali) observe: Touching a dead body does not result either in a minor or major Hadath; i.e. neither wudhu nor ghusl is required. But it is mustahabb for a person,who has given bath to a dead body and not just touched it, to perform ghusl.

Shafi School: Only human corpses, and bodies of fish, and locust, remain pure, however death has been caused.

Most of the Jafari say: Ghusl become wajib on touching a corpse after it has turned cold, and before it is given the bath provided in the Shariah. Hence if it is touched before turning cold and immediately after death or after it has been given ghusl, such a touch will not require anything.

The Jafari do not differentiate between the corpse of a Muslim and a non-Muslim in relation to the ghusl becoming wajib to touch. Similarly they do not differentiate between the age of the fetus. There is also no difference between a touch prompted by necessity or by choice. Further, the person touching may be sane or insane, and adult or a child. hence the ghusl will become wajib on an insane person on attaining sanity and on a child on attaining puberty.

The Jafari even require a person who touches an amputated part of a dead or live person to perform ghusl if it contains a bone. Accordingly, if he touches an amputated finger of a living person ghusl will become wajib. Also, if a tooth separated from a corpse is touched. But if a separated tooth of a living person is touched ghusl will be wajib only if it has flesh attached to it and not otherwise.

Though the Jafari require ghusl on touching a corpse, they regard such a person as being in minor hadath, i.e. he is prohibited from only those acts which require a wudhu, and not those which require ghusl. Therefpre, it is valid for him to enter a Mosque and remain in it, and to recite the Quran.

The ghusl required on touching a corpse is performed like ghusl al-janabah.

The Five Schools Of Islamic Law: P38...

To best understand the above fiqh answer it is necessary to have a basic understanding of the following term:

Saheeh Ibn Majah: The Prophet said: "Whoever washes The decease should (Mustahabb) make Ghusl.

Mustahabb (Arabic: مستحبّ /mustaḥabb/, literally "recommended") is an Islamic term referring to recommended, favored or virtuous actions.
Mustahabb actions are those whose status of approval in Islamic law (ahkam) falls between mubah (neither encouraged or discouraged) and wajib (compulsory). One definition is "duties recommended, but not essential; fulfilment of which is rewarded, though they may be neglected without punishment".^[1] Synonyms of mustahabb can be masnun or mandub. The opposite of mustahabb is makruh (discouraged).