Question:
Message:
Assalaamu’alaikum wa Rahmatullahi wa Barakaatuh respected Shaykh,
My husband doesn’t understand the fiqh ruling in our madhab, that upon death, the marriage bond is broken, and the husband cannot touch or do ghusl for his wife.
Inshaa-Allah if some clarification, wisdoms and reassurances are provided on this matter, surely he will understand.
Jazaak-Allahukhair for your time and efforts.
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
According to the Hanafi Madhab, a man is not allowed to bathe or directly touch his wife after her death, because the bond of nikah is broken upon the wife’s death. The man is at liberty to marry whomsoever he desires, e.g. late wife’s sister whereas he was not allowed to marry her whilst his wife was alive. It is, therefore, not permissible for him to touch her, but he may look at her. Women relatives will have the responsibility of bathing her[1].
You may explain to your husband that being separated from one’s spouse upon death and not being able to touch her, naturally may be saddening. However, this world is temporary, and the hereafter is eternal. One’s main objective should be the pleasures of the hereafter, even if it means sacrificing the wishes and desires of this world. By exercising patience and following Allah’s commands to the fullest, he would be reunited with you in Jannah forever.
And Allah Ta’āla Knows Best
Arshad Ali
https://fatwa-tt.com
Trinidad
Checked and Approved by,
Mufti Ebrahim Desai.
