Woman dying among men or a man dying among women when there is no spouse
Woman dying among men or a man dying among women when there is no spouse

Book:

The Book of the Ruling of the Deceased - كتاب أحكام الميت

Chapter:

Bathing the Deceased

Section:Person permitted to bath the dead
Topic/Issue:2002 - Woman dying among men or a man dying among women when there is no spouse --
Opinions:
Opinion FromOpinionExplanation
Imam Shafi,Imam Abu Hanifa,majorityThe companion is to rub the persons limbs with clean soil (tayammum)They permitted tayammum with the idea that there is no conflict between the command and the proscription, as looking at the objects of tayammum is permitted to the opposite sex. It was for this reason that Malik held that a man may perform tayammum only on the hands and face of the woman as these are not her private parts (cawra), and for a woman to perform tayammum on the mans face and hands up to the elbows as the private parts of a man are, in his view, from the navel to the knees

It appears that he (Malik) held this necessity to be similar to the necessity that permits the living to perform tayammum
Imam MalikVarious OpinionsThe best known is that each companion is to bathe the other from over the clothing. Second, none of them is to bathe the other, but is to perform tayammum as in the opinion of the majority for the non mahram category. The third is based on a distinction between men and women, that is, a woman may bathe a man (with his clothes on), but a man is not to bathe a woman.
The reason for the distinction is that a man’s looking at a woman is more grievous than a woman’s looking at a man, on the evidence that women are concealed from the eyes of men, but men are not concealed (to such an extent) from them.
Others:
some juristA person (of the opposite sex) is to bathe his or her companion from over the clothing
Disagreement
Reasons:
The reason for disagreement stems from the superimposing of the proscription over the command or of the command over the proscription, as bathing has been commanded while a mans looking at the body of a woman or a womans looking at the body of a man is proscribe
Tags :Worship, Salah, Prayer,Dead,Bathe, Martyr, Accidents, Fight, Men,Women
See Also:Case of persons who are martyred by robbers or who die in a war with people other than the polytheists.
References:1[pg:262]
Last Updated:2011-01-29

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