Chapter 61

His arrow hits him, or he falls into a well, or falls from a height, during the fighting, even if he is in a state of janabah (major ritual impurity) or menstruation—fighting becomes obligatory for them in the event of a sudden enemy attack, according to the more correct view. However, if he is carried off the battlefield alive and then dies, even if his vital organs are pierced, he is not considered a martyr... except for the 'maghmur' (the one overwhelmed by the throes of death)... and he is the one who did not eat, drink, or speak until he passed away. ¶

This is the position of the Malikis. ¶

In the Shafi'i school: Al-Shirazi says in defining who the martyr is: 'Whoever among the Muslims dies in jihad against the disbelievers due to one of the causes of fighting them, before the cessation of war, is a martyr.' ¶

Imam al-Nawawi explains the aforementioned definition of a martyr, saying: 'The martyr who is not washed and over whom the funeral prayer is not performed is he who dies due to fighting the disbelievers while the fighting is ongoing, whether he was killed by a disbeliever, or a Muslim's weapon hit him by mistake, or his own weapon returned to him, or he fell from his horse or riding animal and died, or he was trampled by the animals of the Muslims or others, or he was hit by an arrow and it is not known whether a Muslim or a disbeliever shot it, or he was found dead when the fighting ceased and the cause of his death is unknown, whether there was a trace of blood on him or not. This applies whether he died instantly or remained for a time and then died from that cause before the end of the battle.' ¶

war, regardless of whether he ate or drank, or made a will, or did none of these things. All of this is agreed upon among us." (1). ¶

Then, Imam al-Nawawi mentioned some ambiguous cases in this regard and clarified the preferred ruling, stating: "If a Harbi (enemy combatant) enters the Dar al-Islam and kills a Muslim by assassination, there are two opinions. The correct view is... that he is not a martyr. And if the disbelievers capture a Muslim and then execute him by sabran (while tied/held captive), then regarding whether he is a martyr, exempt from washing and funeral prayer, there are two opinions. The most correct of them is that he is not a martyr." (4). ¶

This is the position of the Shafi'i school. ¶

In the Hanbali school: ¶

It is stated among the Hanbalis that the martyr entitled to the special rulings concerning the preparation (of the body) after martyrdom in war against the disbelievers is defined as: one who dies on the battlefield against the disbelievers, whether male or female, adult or minor, regardless of whether the disbelievers killed him or his own weapon turned upon him and killed him. Such a person is a martyr in the ruling of the Hereafter only, not in the worldly ruling—as are those who die in the war against the disbelievers, those who are removed from the battlefield while still having a 'glimmer' (stable life), or those who fall from their mount and die (5), or those found dead with no visible wounds (6), or those martyred while in a state of janaba (major ritual impurity), with the detailed rulings concerning a woman who is martyred while experiencing menstrual bleeding or after it has ceased. (7)... ¶

This is the position of the Hanbalis. ¶

Furthermore, as we have stated, our concern in this research is with the Muslim martyr (shahid) who is killed or dies in war against the disbelievers. This applies whether he is a martyr in both this world and the Hereafter, a martyr only in the Hereafter, or a martyr only in this world... as will be explained later. ¶

For this reason, we have limited our citation of the jurists' definitions of the martyr to what is relevant to our purpose here. We have indicated in the footnote the position of the Hanafis and Hanbalis, who attribute the title of 'martyr' and its worldly rulings to whoever is killed in war or otherwise—outside the scope of war against the disbelievers—however, this does not fall within the scope of our current discussion. ¶

Moreover, it is not our purpose here to discuss the aforementioned definitions or the evidence relied upon by the proponents of each definition. Some of this—pertaining to our research—will be addressed when we discuss the mandatory rulings regarding the preparation of the martyr after his death. With this, we conclude the first issue and proceed to the second. ¶

Second Issue: Why is the martyr (shahid) called by this name? Imam al-Nawawi mentioned seven facets for naming the martyr with this name, which are as follows: ¶

[Footnote]: = ...the people of justice in the war against rebels. As for the one who was killed unjustly, or killed defending his wealth, himself, or his family—there are two narrations regarding this. (Al-Mughni: 2/404-405). (1) The word 'shahid' can be on the scale of 'fa'il' (active participant) in the meaning of 'maf'ul' (passive recipient). In this sense: - It could be derived from 'shuhud' (presence), meaning the angels are present with him at the time of his death to honor him. - It could be from 'shahadah' (testimony), meaning presence combined with observation, through sight or insight. In this context, it means 'one for whom testimony (for Paradise) is given.' Alternatively, the word 'shahid' can be on the scale of 'fa'il' (active participant). In this sense: - It could mean 'presence,' i.e., he is present because he is alive with his Lord. - It could mean 'testimony,' because he testifies against the one who killed him regarding his disbelief. - Or because he will come on the Day of Judgment accompanied by a witness—his blood, his wounds, and the like—testifying for him... (See: Hashiyat Ibn Abidin: 1/947). I say: based on the term 'shahid' being in the meaning of 'fa'il' (active), it is said regarding a woman: 'hiyya shahidah,' just as you say 'alimah' meaning 'alimah' (learned). If the term is in the meaning of 'maf'ul' (passive), it is said regarding her: 'hiyya shahid,' just as you say 'hiyya qatil,' meaning 'maqtulah' (killed)... The hadiths have used both forms. (2) Ibn Hajar expanded this to fourteen facets, then said: 'Some of these are specific to those killed in the path of Allah, some cover others, and some are subject to dispute' (Fath al-Bari: 6/43). ¶

1 - Because Allah the Almighty and His Messenger (ﷺ) have testified to his entry into Paradise. 2 - Because he is alive with his Lord. 3 - Because the angels of mercy attend to him and take his soul. 4 - Because he will bear witness over the nations on the Day of Resurrection. 5 - Because his manifest state serves as testimony to his faith and his good end. 6 - Because he possesses a witness to his killing, which is his blood. 7 - Because his soul witnesses the Abode of Peace (i.e., Paradise), whereas the souls of others do not witness it until the Day of Resurrection. ¶

Ibn al-Athir said: "Shahada (martyrdom) is being killed in the way of Allah, and the one killed is called a 'Shahid' (martyr) because Allah and His angels bear witness to his entry into Paradise." ¶

Al-Suhayli said: "The most valid of all these explanations is that it is in the form of 'fa'il' (the active participle structure) carrying the meaning of 'maf'ul' (passive), meaning: one for whom Paradise has been testified." ¶

With this, we conclude the second issue and proceed to the third issue. ¶

Third Issue: Some Shar'i (legal) texts regarding the virtue of martyrdom and the honoring of martyrs. Martyrdom in the way of Allah is among the values brought by Islam, which elevated its status and esteemed its bearers. - Through it, all negligence committed by them regarding the rights of Allah is wiped away; thus, there is no punishment and no reproach! - Through it, they are granted life and immortality, so they do not die as ordinary people die! - Through it, the doors of Paradise are opened for them—while those on earth are still alive—whereas the martyrs are basking in the delights of Paradise! ¶

This is so, and no matter how much we continue to enumerate the blessings of martyrdom for its bearers, that which Allah has prepared for them surpasses all enumeration. ¶

No matter how much human eloquence attempts to drape the martyrs in the most magnificent robes of glorification, it will never reach a single ray of that glorification which the eloquence of the Quran has clothed them with, and which the eloquence of Prophethood has encircled them with. ¶

And no matter how much loyalty drives us, or how much magnanimity moves us to hold ceremonies in honor of the martyrs' memory, or to walk in deeds of righteousness and charity to care for those they have left behind—their wives and children—the honor bestowed upon them by Allah is greater than any other honor. The righteousness and charity that Allah reserves for the families they leave behind is more lasting than any worldly deed and more beneficial than any earthly act of kindness. This is because the martyr gives his life to Allah, and in return, Allah gives him Paradise and His pleasure, and grants him the right to intercede for his household—on the day when they are in greatest need of a gesture of compassion that will open the gates of Paradise for them and ward off every harm. ¶

- Is there any honor on earth that can ascend to the honor that is in heaven? - And is there any righteousness or charity that can reach the station of that righteousness and that charity? - Alas, how we diminish the martyr's right when we are heedless of this true honor and do not even point toward it. All we offer are moments of silence we stand in, and words we utter after the silence—words that do not herald the reward of Allah to him, nor connect him to the Highest Assembly, nor open the gates of Firdaws for him. It is as if those moments of standing and those words and letters are all the compensation the martyr deserves for the precious life he sacrificed. Then we call this act an 'honor' for the martyrs and a 'high appreciation' for martyrdom... If this is so, then what, pray tell, constitutes belittling them and undervaluing their sacrifice? ¶

Furthermore, let us turn our faces toward the Holy Quran and the noble Prophetic Sunnah to see what the true honor and the high appreciation of martyrdom and martyrs truly is. We will not be able to cover everything that has been mentioned in this regard (1), but we will suffice with threads of light from the Book and the Sunnah that illuminate for us the virtues of martyrdom and the dignity that martyrs hold in the sight of Allah. ¶

(1) In Kanz al-Ummal: The hadiths regarding 'Real Martyrdom' are from number (11098) to (11171). The hadiths regarding 'Constructive (Hukmi) Martyrdom'—that is, martyrdom in the sense of reward and the hereafter only—are from number (11172) to (11248). Vol 4 / 397-427. ¶

Allah the Almighty says: "And do not think of those who have been killed in the way of Allah as dead; rather, they are alive with their Lord, receiving provision. [They are] rejoicing in what Allah has bestowed upon them of His bounty, and they receive good tidings about those [to be joined with them] who have not yet joined them - that there will be no fear concerning them, nor will they grieve. They receive good tidings of favor from Allah and bounty and [that] Allah does not allow the reward of the believers to be lost." (Surah Al-Imran: 169-171). ¶

It is recorded in Sahih Muslim: "Masruq said: We asked Abdullah (i.e., Ibn Mas'ud) about this verse: 'And do not think of those who have been killed in the way of Allah as dead...', he said: We have already asked the Prophet (ﷺ) about this. He (ﷺ) said: 'Their souls are in the interiors of green birds, having lanterns suspended from the Throne. They roam freely in Paradise wherever they wish, then they return to those lanterns. Their Lord looks down upon them and asks: Do you desire anything? They reply: What more could we desire when we roam freely in Paradise wherever we wish? He (Allah) did this with them three times. When they saw that they would not be left without being asked, they said: O Lord! We desire that You return our souls to our bodies so that we may be killed in Your way once again. When He saw that they had no further request, they were left (to their enjoyment).' ¶

Al-Nawawi says: "His (ﷺ) statement: 'Allah asks them: Do you desire anything?' is an exaggeration in honoring and favoring them, as Allah has already granted them what no human heart has ever conceived. Then He encouraged them to ask for more, but they found nothing greater than what they had already been given. So, when they realized they must make a request, they asked to be returned to their bodies to perform jihad, to sacrifice their souls in the way of Allah, and to experience the delight of being killed in His cause. And Allah knows best." ¶

In Sahih al-Bukhari and Sahih Muslim: "Anas ibn Malik narrated from the Prophet (ﷺ) that he said: 'No one who enters Paradise would wish to return to the world, even if he possessed everything on earth, except the martyr; he wishes to return to the world and be killed ten times, because of the honor (karamah) he sees.'" ¶

Imam al-Nawawi says: This is among the clearest proofs regarding the immense merit of martyrdom, and Allah is the Praised and the Thanked. ¶

In Fath al-Bari: 'Ibn Battal said: This hadith is the most significant narration regarding the merit of martyrdom. He said: There is no deed of righteousness in which one’s life is sacrificed other than Jihad; hence, the reward for it is immense.' ¶

In a Sahih hadith, in the Sunan: 'From al-Miqdam ibn Ma'dikarib, from the Messenger of Allah (peace be upon him) who said: The martyr has six favors with Allah: He is forgiven at the first drop of his blood, he is shown his seat in Paradise, he is protected from the punishment of the grave, he is secured from the Great Terror (on the Day of Judgment), he is adorned with the garment of faith, he is married to the Hur al-Ayn, and he is granted the right of intercession for seventy of his relatives.' ¶

In another Hasan Sahih hadith, also in the Sunan: 'From Abu Hurairah who said: The Messenger of Allah (peace be upon him) said: The martyr does not feel the pain of killing except as one of you feels the pain of a pinch.' ¶

In Sahih Muslim: 'From Abdullah ibn Amr ibn al-Aas: The Prophet (peace be upon him) said: Every sin of the martyr is forgiven except debt.' And in another narration of his, it states: 'Being killed in the path of Allah expiates everything except...' ¶

Except for debt. And in another narration by him: 'If you fight while you are patient, anticipating reward, advancing and not turning your back' (1). ¶

It is stated in al-Nawawi’s Sharh Muslim: 'As for his ﷺ saying: Except for debt, it contains a warning regarding all the rights of human beings, and that Jihad, martyrdom, and other good deeds do not expiate the rights of human beings; they only expiate the rights of Allah the Almighty' (2). ¶

Having said this, we suffice with these authentic hadiths that highlight the virtue of martyrdom and elevate the status of the martyrs. This is to inform the seekers of reward, the lovers of Paradise, and those aspiring for eternity—where the path to what they desire lies. ¶

It is worthy to note that while Islam highly valued the status of martyrdom, it forbade it from becoming a means to oppress anyone! As indicated by the hadith: 'Being killed in the cause of Allah expiates everything except debt.' ¶

With this, we conclude this issue and proceed to the following one. ¶

The Fourth Issue: Types of Martyrs. ¶

It is stated in Sharh Sahih Muslim: 'Know that the martyr is of three types: First: The one killed in the war against the disbelievers due to any of the causes of combat. This person has the status of a martyr regarding the reward of the Hereafter and the rulings of this world. That is, he is not washed (ghusl) and no funeral prayer (janazah) is offered over him. Second: A martyr in reward but not in worldly rulings...' (It is noted in the footnote that if the debt is paid off—whether by the deceased, a relative, or another Muslim—Allah will forgive him and not punish him). In Hashiyat Ibn Abidin: 'It contains an explanation of the severity of matters concerning the rights of servants (maẓālim al-ʿibād). It was said: This was in the beginning, when the Prophet ﷺ forbade taking on debt due to their lack of means and inability to repay it. For this reason, he would not pray over a debtor who left no wealth behind. Then this was abrogated by his saying: 'Whoever leaves wealth, it is for his heirs, and whoever leaves a burden or dependents, then it is my responsibility.'' ¶

In worldly matters, such as one who dies of an abdominal ailment (al-mabtun), one who dies of the plague (al-mat'un), one who dies under debris, one killed while defending his property, and others whom authentic hadiths have explicitly named as martyrs, these are to be washed and have the funeral prayer performed over them, and in the Hereafter, they receive the reward of martyrs, though it is not necessarily equal to the reward of the first category. The third category: one who misappropriates spoils of war (ghulul) and similar cases for whom there are reports indicating they should not be called martyrs if killed in war against the disbelievers—these follow the worldly ruling for martyrs, meaning they are not washed and no funeral prayer is performed for them, nor do they receive the full reward of martyrs in the Hereafter. And Allah knows best. ¶

Furthermore, there are several hadiths regarding the count of martyrs in terms of reward only, without affecting worldly rulings; these are referred to as 'martyrs of the Hereafter.' These hadiths differ in their count of such martyrs. Ibn Hajar says: 'The most plausible view is that the Prophet ﷺ taught the lesser number first, then later disclosed an additional amount on another occasion. He did not intend to limit the number in any of these narrations. We have collected more than twenty such qualities through good chains of narration.' ¶

I say: We will record here some of the authentic hadiths that establish the status of martyrdom in terms of reward only for specific groups of people due to specific traits they possessed. ¶

1. In Sahih Bukhari and Muslim: 'From Abu Hurairah (may Allah be pleased with him) that the Messenger of Allah ﷺ said: The martyrs are five: the one who dies of the plague, the one who dies of an abdominal ailment, the one who drowns, the one who dies under debris, and the martyr in the way of Allah.' ¶

2. In Sahih Muslim: 'From Abu Hurairah, he said: The Messenger of Allah ﷺ asked: Who do you count as a martyr among you? They said: O Messenger of Allah! He who is killed in the way of Allah is a martyr. He said: Then the martyrs of my Ummah would be few. They said: Then who are they, O Messenger of Allah? He said: He who is killed in the way of Allah is a martyr, and he who dies...' ¶

...whoever dies in the path of Allah is a martyr, whoever dies of plague is a martyr, and whoever dies of an abdominal disease is a martyr (1). ¶

3 - It is also in Sahih Muslim: On the authority of Anas ibn Malik, who said: The Messenger of Allah (ﷺ) said: "Whoever seeks martyrdom sincerely will be granted it, even if he does not attain it (2)." ¶

4 - In a sahih (authentic) hadith in the Sunan: On the authority of Jabir ibn Atik, that the Messenger of Allah (ﷺ) said: "There are seven types of martyrdom besides being killed in the path of Allah: the one who dies of the plague is a martyr, the one who drowns is a martyr, the one who dies of pleurisy (dhat al-janb) (3) is a martyr, the one who dies of an abdominal disease is a martyr, the one who dies in a fire is a martyr, the one who dies under debris is a martyr, and a woman who dies with child (4) is a martyr (5)." ¶

5 - Al-Tabarani narrated with a chain of reliable (thiqat) narrators: On the authority of Uqbah ibn Amir, the Messenger of Allah (ﷺ) said: "Whoever falls from his mount is a martyr (6)." ¶

6 - Also in Al-Tabarani with a chain of reliable narrators: On the authority of Ibn Mas'ud, who said: "Whoever falls from mountain peaks, is devoured by wild beasts, or drowns in the seas, is a martyr in the sight of Allah (7)." ¶

7 - In a sahih hadith narrated by Abu Dawud and others: On the authority of Sa'id ibn Zayd, the Prophet (ﷺ) said: "Whoever is killed defending his property is a martyr; and whoever is killed defending his family, his blood (life), or his religion, is a martyr (8)." ¶

8 - In a Sahih hadith recorded by al-Nasa'i: 'From Suwayd ibn Muqarrin, he said: The Messenger of Allah ﷺ said: Whoever is killed defending against injustice is a martyr.' 9 - Ibn Hajar stated: 'Al-Daraqutni authenticated a hadith from Ibn Umar: Death in a foreign land is martyrdom.' ¶

Ibn Hajar further said: '...Other hadiths have been narrated regarding other matters which I have not addressed due to their weakness. Ibn al-Tin said: These are all types of deaths involving hardship; Allah has favored the Ummah of Muhammad ﷺ by making them an expiation for their sins and an increase in their rewards, through which they reach the ranks of martyrs. I say: What appears to be the case is that those mentioned are not equal in rank.' ¶

- He then says: 'The conclusion from what has been mentioned in these hadiths is that martyrs are of two types: the martyr of this world and the martyr of the hereafter. The martyr of this world is the one who is killed in war against the disbelievers, advancing and not retreating, being sincere. The martyr of the hereafter refers to those mentioned in other contexts, meaning they are granted the reward of martyrs, but the worldly rulings (regarding ghusl and burial) are not applied to them.' - He then says -: 'Once this is established, the application of the term 'martyr' to those not killed in the path of Allah is metaphorical.' ¶

Having said this, we suffice with what has preceded regarding this issue... and we shall move on to the next issue. The Fifth Issue: The required conduct concerning a martyr regarding their preparation for burial. In this issue, we will address the following points: - First Point: What is the ruling on performing ghusl (washing) for a martyr? - Second Point: With what shall a martyr be shrouded? ¶

Third point: Should the funeral prayer (Salat al-Janazah) be performed for the martyr? Fourth point: What is the ruling on moving the martyr to be buried in a place other than where they were martyred? Fifth point: Can multiple martyrs be buried in a single grave? First point: What is the ruling on washing (ghusl) the martyr? In these points, we address the following rulings: A. The ruling on washing the martyr if they are not in a state of janabah (major ritual impurity). B. The ruling on washing the martyr if they are in a state of janabah. C. The ruling on washing a woman if she is martyred while not in a state of purity. D. The ruling on washing young martyrs (minors). ¶

A. The ruling on washing the martyr if they are not in a state of janabah The opinion of the majority: The majority of the jurists of the schools of thought and others hold that the martyr should not be washed. In 'Bada'i al-Sana'i', regarding the martyr, it states: "They are not to be washed, according to the generality of scholars"(1). In 'Al-Sharh al-Kabir' by al-Dardir: "A martyr of the battlefield is not to be washed; meaning, washing them is prohibited"(2). In 'Al-Majmu' by al-Nawawi: "It is not permissible to wash the martyr"(3). In 'Al-Mughni' by Ibn Qudamah: "If a martyr dies on the battlefield, they are not to be washed... He then stated: It is possible that the omission of washing is because it involves removing the traces of an act of worship that is considered desirable in the Shariah, for it has come from the Prophet (peace be upon him) that he said: (By Him in Whose hand is my soul! No one is wounded in the way of Allah—and Allah knows best who is wounded in His way—except that they will come on the Day of Resurrection, with the color of blood and the scent of musk)(5)... And it is possible that..." ¶

(1) Bada'i al-Sana'i: 1/324. (2) Al-Sharh al-Kabir li-al-Dardir: 1/425. (3) Al-Majmu' li-al-Nawawi: 5/260. (4) i.e., wounded. (5) Sahih al-Bukhari: No. (2803), Fath al-Bari: 6/20. ¶

Ghusl (ritual washing) is not obligatory except for the sake of prayer; however, the deceased has no action of their own, so we were commanded to wash them so that prayer could be performed over them. Therefore, whoever is not subject to the obligation of prayer is not subject to the obligation of ghusl, similar to the living. It is also possible that since martyrs in battle are numerous, washing them would be a hardship, and for this reason, it was waived (1). ¶

Furthermore, the primary basis for omitting the ghusl of the martyr is the arrival of a Shar'i text (nass) regarding it... and what is mentioned after this, from tangible effects or wisdoms stated by the Lawgiver resulting from the legal ruling, is not of the category of 'causation' (ta'lil) upon which the ruling depends for its existence or non-existence... Imam al-Nawawi says: 'The sound position according to us regarding the omission of ghusl is that it is not based on a specific causal reason' (2). ¶

Among the evidences for omitting the ghusl of the martyr is what is recorded in Sahih al-Bukhari regarding the martyrs of Uhud: 'From Jabir, who said: The Prophet (PBUH) said: Bury them in their blood. Meaning: on the day of Uhud, and he did not wash them' (3). ¶

This is a brief summary of the majority's view. The view of Sa'id ibn al-Musayyib and al-Hasan al-Basri (4): These two scholars, from among the prominent Tabi'un, stated that the martyr should be washed. - It is stated in 'Al-Majmu' under the discussion on the martyr: 'Sa'id ibn al-Musayyib and al-Hasan al-Basri said: He shall be washed (5).' - One of the reasonings for this opinion, as stated in 'Al-Bada'i', is: 'Ghusl is an honor for the children of Adam, and the martyr is deserving of honor just as others are, if not even more so; thus, ghusl in his case should be more obligatory! ... The martyrs of Uhud were not washed only to lighten the burden on the living, as most people were wounded; for that day was a day of trial and purging, and they were unable to wash them (6).' ¶

The author of 'Al-Bada'i' refuted this opinion with several arguments, among them: If the reason for not washing the martyrs at Uhud was the mentioned impossibility (ta'adhur) and hardship, then washing the martyrs would not have been omitted in all the wars and situations where washing them was not difficult. He stated: 'Just as the martyrs of Uhud were not washed, the martyrs of Badr, the Trench (Khandaq), and Khaybar were also not washed. And the aforementioned impossibility did not exist in those instances.' ¶

B - The Ruling on Washing a Martyr who is in a State of Janabah (Major Ritual Impurity): ¶

Abu Hanifah holds the view—contrary to his two companions (Abu Yusuf and Muhammad), as well as the Hanbalis and some Shafi'is—that a martyr who is in a state of janabah must be washed. Conversely, the Malikis (contrary to Sahnun), the majority of Shafi'is, and the Hanafis Abu Yusuf and Muhammad hold that the martyr is not to be washed, even if he is in a state of janabah. ¶

As for the evidence from Shariah texts for exempting the junub (ritually impure) martyr from the general rule of not washing a martyr, it is what is recorded in Al-Hakim’s 'Mustadrak' and others, on the authority of Yahya ibn Abbad ibn Abdullah ibn al-Zubayr ibn al-Awwam: 'From his father, from his grandfather (may Allah be pleased with him), who said: I heard the Messenger of Allah (peace be upon him) say upon the killing of Hanzalah ibn Abi Amir after he and Abu Sufyan ibn al-Harith met, and Shaddad ibn al-Aswad struck him with a sword and killed him: "Your companion is being washed by the angels." They asked his wife, and she said: "He went out when he heard the call (to battle) while he was junub." The Messenger of Allah (peace be upon him) then said: "That is why the angels washed him."' ¶

Following this, based on the incident of the angels washing Hanzala (ra) after he was martyred while in a state of janaba (major ritual impurity), the general ruling of not washing a martyr has been 'specified' (takhsees) by this specific evidence. As established in the principles of jurisprudence (usul), the specific takes precedence over the general. ¶

The response to this evidence by those who hold the view that a martyr should not be washed, even if he were in a state of janaba, is what is mentioned in 'Al-Majmu'': «If it were proven — meaning the hadith of Hanzala — the answer to it is that if the ghusl (ritual bath) were obligatory, it would not have been waived by the act of the angels, and the Prophet (ﷺ) would have ordered him to be washed.» Then, Imam al-Nawawi mentions on the authority of Qadi Abu al-Tayyib that the objective of the ghusl is the act of worship ('ta'abbud) required of the human. That is, the act of the angels does not exempt the human from the requirement that he was commanded to perform. I (the author) say: This is the most manifest interpretation of the report, and based on this, the view that a martyr in a state of janaba should not be washed is the most preponderant (rajih). ¶

C. The ruling on a woman who is martyred while not in a state of purity: Meaning, during her menses or postpartum period, or if it had ceased but she had not yet performed the ghusl. - According to the Malikis and Shafi'is: She is treated like the martyr who is in a state of janaba, and we have already mentioned that, according to their most sound opinion, he is not to be washed. Likewise, a martyr woman who is not in a state of purity is not to be washed. - As for those who hold the view that a martyr in a state of janaba should be washed, they say: - If the martyr woman's bleeding from menses or postpartum had ceased and she had not performed ghusl before attaining martyrdom... ¶

With martyrdom - in this case, washing (ghusl) her is obligatory, 'because the washing was obligatory before death, just as it is obligatory due to major ritual impurity (janaba).' This is the position held by the Hanafis and the Hanbalis. - As for a woman who attains martyrdom while in her days of menstruation or postpartum bleeding, according to the Hanbalis: 'Washing is not obligatory, because purity (tahara) is a condition for the washing, or for the cause necessitating it, therefore the ruling is not established without it.' This ruling is also one of the two narrations from Abu Hanifa. - The other narration from Abu Hanifa is that such a martyred woman is like a person in a state of janaba; meaning, it is obligatory to wash her if she is martyred before her menstrual or postpartum bleeding ceases. Furthermore, since we have prioritized the view that a martyr should not be washed if they are in a state of janaba, this ruling also applies to a female martyr if Allah honors her with martyrdom before she becomes pure from her blood, in any case. ¶

D - The ruling on washing a minor martyr - The majority of scholars from the Malikis, Shafi'is, Hanbalis, and Abu Yusuf and Muhammad from the Hanafis, and others, say: A minor martyr is like an adult martyr in that they are not washed. - Abu Hanifa said: A minor martyr is washed. The reasoning for his position is: 'The sword (i.e., martyrdom) sufficed instead of washing in the case of the martyrs of Uhud by virtue of it being a purification from sin, and a child has no sin, so he is not in the same category as them; and whoever is not in their category must be washed.' ¶

Here, in the context of mentioning the evidence of the majority (Jumhur) and responding to the argument of Abu Hanifa, it is stated in 'Al-Majmu': 'Our evidence is that he [the martyred child] is a Muslim who was killed in the battlefield of the polytheists due to fighting them; thus, he is like an adult or a woman. [Abu Hanifa] argued that he has no sins. We say: He shall be washed and the funeral prayer shall be performed for him outside the battlefield, even if he is not among those who have committed sins.' ¶

Ibn Qudamah adds further evidence for the majority opinion: 'Among the martyrs of Uhud were Harithah bin al-Nu'man and Umayr bin Abi Waqqas, the brother of Sa'd, and both were young children. And the Hadith is general.' That is, the Hadith regarding the lifting of the obligation of Ghusl (ritual washing) from the martyrs is general for every martyr, and no specific text has come to exclude the child from it. ¶

I say: This is what we favor in this issue, given the strength of the evidence. With this, we finish the first point regarding the issue of washing the martyr, and we proceed to the second point. ¶

Second point: In what shall the martyrs be shrouded (kafan)? Ibn al-Qayyim says: 'The jurists have differed regarding the Prophet's ﷺ command to bury the martyrs of Uhud in their clothes—is it based on recommendation (istihbab) and preference, or is it mandatory (wujub)? There are two opinions: the second is more apparent and is known from Abu Hanifa, while the first is known from the companions of Shafi'i and Ahmad. If it is said: Ya'qub bin Shaybah and others narrated with a good chain (isnad) that Safiyyah sent two garments to the Prophet ﷺ to shroud Hamza in them, and he shrouded him in one and shrouded another man in the other. The reply is: The polytheists had stripped Hamza, mutilated his body, cut open his abdomen, and extracted his liver; therefore, he was shrouded in another garment...' ¶

I say: Regarding what Ibn al-Qayyim pointed out—that the Prophet (peace be upon him) commanded that martyrs be buried in their clothes—it is reported in Sunan Abi Dawood: 'Ibn Abbas narrated that the Messenger of Allah (peace be upon him) commanded regarding the martyrs of Uhud that the iron (weapons) and leather goods be removed from them, and that they be buried in their blood and clothes.' Similarly, it is reported in Sunan Abi Dawood from Jabir, who said: 'A man was struck by an arrow in his chest or throat and died; he was wrapped in his clothes just as he was, while we were with the Messenger of Allah (peace be upon him).' ¶

Here, there are two issues: - What if the martyr's clothes are insufficient to cover his body? - Should we remove from the martyr the weapons or other items that are not of the same category as the shroud (kafan), such as leather or fur? ¶

As for the insufficiency of the martyr's clothes to cover his body, in such a case, it is necessary to complete the covering with whatever is available. ¶

It is recorded in Sahih al-Bukhari and Muslim: 'Khabbab (may Allah be pleased with him) said: We migrated with the Prophet (peace be upon him) seeking the Face of Allah, so our reward became due upon Allah. Among us were those who passed away and did not consume any of their reward, including Mus'ab ibn Umayr. And among us were those whose fruit ripened and they are reaping it. He was killed on the day of Uhud, and we found nothing to shroud him in except a wrap (burdah). If we covered his head with it, his feet would be exposed, and if we covered his feet, his head would be exposed. So the Prophet (peace be upon him) commanded us to cover his head and to place idhkhir (a fragrant grass) over his feet.' This concerns covering the body of the martyr. ¶

As for the question of whether a martyr (shaheed) should be stripped of his weapons and other belongings: the hadith of Ibn Abbas mentioned earlier, recorded by Abu Dawood, explicitly states that iron (armor) and leather goods were removed from the martyrs of Uhud. Since there is a difference of opinion regarding the acceptance of this hadith, the views of the jurists (fuqaha) on this issue have varied accordingly. ¶

According to the Hanafi school: "The weapons, fur, leather items, and whatever is not suitable for a shroud shall be removed from the martyr." ¶

According to the Maliki school: "The martyr is to be buried in the clothes in which he died, provided they cover his 'awrah; otherwise, additional garments are to be added. It is recommended to bury him with the socks (khuff) and cap (qalansuwa) he was wearing at the time of his death, so they are not to be removed. Similarly, the belt (mintaqah) worn around the waist at the time of death is not to be removed if it is of low value, nor is a silver ring. However, if the ring is prohibited, or if the value of its gemstone or the belt is excessive, it shall be removed. It is further stated that the martyr is not to be buried with instruments of war, such as armor and weapons." ¶

According to the Shafi'i school: "Whatever is not typically part of ordinary clothing, such as leather, furs, socks, and armor, is to be removed from the martyr. As for the rest of the customary clothing in which he was killed, his guardian has the choice: if he wishes, he may remove them and shroud him in others, or he may leave them on him—and burial in them is superior. Being buried in clothes stained with the blood of martyrdom is most virtuous." ¶

According to the Hanbali school: "Whatever is not among the general clothing of the people—such as leathers, furs, and iron—is to be removed from the martyr." ¶

According to the Zahiri school: "The martyr is to be buried in his blood and clothes, except that only his weapons are to be removed." ¶

In conclusion, it appears from the above that the burial of martyrs in their own clothes is established in the Sunnah. ¶

(Jabir) narrates from Abu Dawood... and the command to remove whatever leather or iron items were upon them, from the hadith of Ibn Abbas—there is a difference of opinion regarding its authenticity. Based on what is established in the Sunnah, I prefer the view that everything that qualifies as 'clothing' should be left on the martyr, acting upon the aforementioned hadith: 'He was shrouded in his garments as he was.' Anything that does not qualify as clothing, such as a watch on his wrist... or the weapons he is carrying, should be removed from him. With this, we conclude the issue of shrouding the martyrs. We now move to the next point. ¶

Third point: Is the funeral prayer (Salat al-Janazah) performed for the martyr? ¶

We will proceed with the discussion on this point as follows: First: The most prominent Shariah texts concerning this subject. Second: The views of the schools of thought and jurists, and their evidence from the Shariah texts. Third: The opinion we favor based on the strength of the evidence. First: The most prominent Shariah texts on the funeral prayer for the martyr. ¶

1. In Sahih al-Bukhari, from the hadith of (Jabir) regarding the martyrs of (Uhud): '...and he commanded that they be buried in their blood, and they were not washed, nor were funeral prayers performed over them.' ¶

2. In Sahih al-Bukhari and Muslim: 'From Uqbah ibn Amir, that the Prophet ﷺ went out one day and performed the funeral prayer over the people of (Uhud) as he would over a deceased person, then he turned to the pulpit...' In another narration of the same hadith in Al-Bukhari: 'The Messenger of Allah ﷺ performed the prayer over the slain of (Uhud) after eight years, like one bidding farewell to the living and the dead, then he ascended the pulpit...' ¶

3. In a Sahih hadith in Mustadrak al-Hakim and others: 'From Shaddad ibn al-Had, that a Bedouin man believed in the Messenger of Allah ﷺ and said: I will migrate with you, so the Prophet ﷺ entrusted him to his companions.' ¶