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Dying Person

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The obligation of Ghusl, Kafan, Namaz and Dafn

548. Giving Ghusl, Kafan, Hunoot, Namaz, and burial to every dead Muslim, regardless of whether he/she is an Ithna-Asheri or not, is wajib on the guardian. The guardian must either discharge all these duties himself or appoint someone to do them. And if anyone performs these duties, with or without the permission of the guardian, the guardian will be relieved of his responsibility.
And if the dead person had no guardian, or if the guardian refuses to discharge his duties, then these duties will be obligatory upon all equally, as Wajib-e-Kifaee which means if some people undertake to fulfil the obligation, others will be relieved of the responsibility. And if no one undertakes to do so, all will be equally sinful. And when a guardian refuses to discharge his duty, seeking his permission has no meaning.

549. If a person undertakes to fulfill the obligations to a dead body it is not obligatory on others to proceed for the same. However, if that person leaves the work half done, others must complete them.

550. If a person is certain that others are fulfilling their obligations properly, then it is not obligatory for him to proceed for the purpose. However, if he is in doubt or has suspicion, then he should take necessary steps.

551. If a person is certain that Ghusl, Kafan, Namaz or burial of a dead body has been performed incorrectly, he should proceed to do them correctly again. But if he just feels that probably the duties were not correctly discharged, or if he has a mere doubt, then it is not obligatory to undertake the work.

552. The guardian of a wife is her husband. And in other cases, men who inherit the dead person according to the categories which will be explained later, will take precedence over each other. However, to say that the father of the deceased takes precedence over the son, the grandfather over the brothers, or full brothers over half-brothers or the paternal uncles over the maternal uncles, is a ponder-able issue, and one should act with caution as the situation demands.

553. A minor or an insane person does not qualify for guardianship in matters related to the dead person; similarly, an absent person who can neither attend to the duties himself, nor appoint someone to do them, has no authority as a guardian.

554. If a person claims that he is the guardian of the dead person, or that the guardian of the dead person has given him permission to carry out its Ghusl, Kafan and Dafn, or if he claims that he is the appointed executor of the dead person in the matter of its final rituals, his claim will be accepted, provided that he is reliable, or that the corpse is in his possession, or that two Adils testify to his statement.

555. If a dead person appoints someone other than his guardian to carry out his Ghusl, Kafan, Dafn and Namaz, then he will be the rightful person to fulfill those obligations. And it is not necessary that the person whom the deceased has appointed to carry out the duties personally should accept the will. However, if he accepts it he should act accordingly.