When a woman dies, does her ‘nikaah break’ and does husband become non-mahram for her?

by Asma bint Shameem

ANSWER

One of the very common misconceptions among the people of the Subcontinent is that they think that once a man or woman dies, then the nikaah ends and they become non mahram for each other.

That’s NOT TRUE.

BOTH spouses can still see each other’s face, touch each other and even wash each other.

🔺PROOF 

🌿The Prophet ﷺ told Aaishah radhi Allaahu anhaa that he will wash her if she dies before him. 

Our Mother Aaishah radhi Allaahu anhaa said:

“The Messenger of Allaah ﷺ  

came back from a funeral in al-Baqee‘ and I had a headache and was saying, Oh my head.

He said, “Rather, I should say, Oh my head.

It will not matter if you die before me, for I will wash you and shroud you, then I will offer the funeral prayer for you and bury you.”

(Ahmad, Ibn Maajah —saheeh by al-Albaani)

-Also Faatimah radhi Allaahu anhaa left instructions that Ali radhi Allaahu anhu should wash her. And that’s what he did. 

🌿 Similarly the wife can wash her deceased husband:

Our Mother Aaishah radhi Allaahu anhaa said: 

“If I had known beforehand what I know now, no one would have washed the Messenger of Allaah ﷺ but his wives.”

(Abu Dawood — saheeh by al-Albaani)

🍃 Someone asked Shaykh Ibn Baaz:

“Some of the fuqaha’ were of the view that the marital relationship comes to an end with death; what is your view on this issue? 

He replied: 

“This is a view that is contrary to the Sunnah, so no attention should be paid to it.” 

(Majmoo‘ Fataawa)

And Allaah knows best.