Chapter on the martyr — Tuḥfat al-Mulūk

Ruling393

1 note

The martyr is every Muslim killed by a disbeliever or wrongfully killed by a Muslim when no blood-money is due for it.

From the editors

In this chapter the author is treating the shahīd whose body receives the concessions of a martyr in washing and shrouding (see the following lines), not every Qurʾānic sense of “martyr.” The first case is the Muslim slain by a disbeliever in the relevant Ḥanafī sense. The second is the Muslim killed wrongfully by another Muslim where no blood-money (diyah) is due for that death under the rules that govern liability; such a person is still given martyr-like treatment in these funeral rites. The details of when diyah does or does not attach belong to the books of qiṣāṣ and indemnities and should be checked in a commentary rather than inferred from the English gloss alone. See, for example, the chapters on the martyr and the wounded in the major Ḥanafī manuals on janāʾiz.

Ruling394

1 note

He is not washed unless killed junub or as a child.

Ruling395

1 note

His blood is not washed off, his clothes are not removed; everything on him not of the shroud material is removed, the shroud is completed, then he is prayed over.

Ruling396

1 note

وكل جريح أَكَل، أو شَرَب، أو نام، أو عولج، أو ضَمه سَقف، أو نقِلَ من المعركة حَياً لا لخوف وطءِ الخيل، أو مَر عليه وقت صلاةٍ وهو حَي يعقل، أو أَوصى بأَمر دنيوي غسِّل.

Every wounded person who ate, drank, slept, was treated, had a roof placed over him, was carried from the battlefield alive not for fear of horses trampling him, or a prayer time passed while he was alive and sane, or he instructed a worldly matter—is washed.

فصل في الشهيد