Arrival of Another Dead Body During Salah (Prayer) for One Already There

1. Muhammad ibn Yahya has narrated from al-‘Amrakiy from Ali ibn Ja‘far from his brother Musa ibn Ja‘far (a.s.), who has said the following: “I once asked him (the Imam) (a.s.), about the case of a people who just have said Takbir (Allah is great beyond description) for Salah (prayer) of a deceased that another dead body is placed on the ground. What are they to do? He (the Imam) said, ’They can leave the first one until they complete all Takbir for the second one. They can complete all Takbir for the first one and do the remaining for the last one, either way is not harmful? ”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

1. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Mu‘awiyah ibn ‘Ammar who has said the following: “If a man in his will says to perform al-Hajj on his behalf, abu ‘ Abd Allah (a.s.), has said, ‘If it is his first al-Hajj, it is performed from his entire legacy. It is like debts, but if it is other than his first al-Hajj, then it is performed from one-third of his legacy. If one dies without performing Hajjahta al-Islam, whose legacy is just enough for transportation, and leaves behind heirs, then they are more rightful to have his legacy. If they like they can use it, or if they like they can perform al-Hajj on his behalf.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

1. Ali ibn Ibrahim has narrated from his father from ibn abu Najran from ‘Asem ibn Hamid from Muhammad ibn Qays who has said the following: “Abu Ja‘far (a.s.), has said that ’Amir al-Mu’minin (a.s.), issued a judgment. It was about the case of a woman whose brother gave her in marriage to one man and her mother gave her in marriage to another man, her maternal uncle or her brother were younger. He went to bed with her and she became pregnant and the two men sought judgment in the case. The first presented witnesses so she was joined with the first man. Two mahr (dowers) were assigned for her altogether; the Imam stopped the husband who won from going to bed with her until the birth of the child and related the child to the father (the winner of the case).’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

2. A number of our people have narrated from Ahmad ibn Muhammad from Sa‘d ibn abu Khalaf who has said the following: “I once asked abu al-Hassan, Musa (a.s.), about a man who has not performed any al-Hajj, performs al-Hajj on behalf of a deceased. He (the Imam) said, ‘Yes, he can do so if he does not find any means to perform al-Hajj for himself. However, if he has enough to perform al-Hajj for himself, then it is not enough until he performs al-Hajj from his own assets. It (al-Hajj that he has performed) is sufficient for the deceased regardless of whether al-Sarura (one who performs al-Hajj for the first time) has any asset or not.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

2. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar and Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan from all from Safwan from ibn Muskan from Walid Bayya’ al-Asfat who has said the following: “Once abu ‘Abd Allah (a.s.), was asked about the case of a girl, when I was present, who had several brothers. The elder brother gave her in marriage in al-Kufah and the younger brother gave her in marriage in another land and he (the Imam) said, ‘The first has priority unless the other one has gone to bed with her, and if he has gone to bed she is his wife and his marriage is binding.”’

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

3. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Mu‘awiyah ibn ‘Ammar who has said the following: “About the case of an al-Sarura (one who performs al-Hajj for the first time) who dies without performing Hajjahta al-Islam and has an asset, abu ‘Abd Allah (a.s.), has said, ‘An al- Sarura (one who performs al-Hajj for the first time) who does not have any asset performs al-Hajj on his behalf.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Isma’il ibn Bazi’ who has said the following: “Once a man asked him (the Imam) (a.s.), about the case of a man who dies and leaves behind two brothers and a daughter who is small. One brother becomes the executor of the will and gives the girl in marriage to his son. The father of the boy married to the girl dies and thereafter the other brother says that his brother did not give the girl in marriage to his son so he gives the girl in marriage to his son and the girl is asked, ‘Which one of the (two) husbands is more beloved to you?’ She says, ‘The other one (son of the second brother) is more beloved to me.’ Then the second brother dies and the other brother has left behind another son older than the son who was married to the girl. He asks the girl to choose whichever of the two she likes. He (the narrator) has said that Hadith about this case says that she is for the second husband because she at that time was able to discern when she was given in marriage and it is not lawful for her to disregard the marriage which is formed after her gaining the ability to discern.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

4. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from Ishaq ibn ‘Ammar who has said the following: “I once asked abu ‘Abd Allah (a.s.), about a man who dies and says in his will to perform al-Hajj on his behalf, and a man is given expenses of al-Hajj to perform al-Hajj on behalf of the deceased but he also dies before performing al-Hajj, then dirhams are given to someone else. He (the Imam) said, ‘If he dies on the way or in Makkah before completing the acts of al-Hajj, it is sufficient for the first deceased.’ I then asked, ‘What happens if he (one hired to perform al-Hajj) is involved in something that invalidates his al-Hajj which requires him to perform al-Hajj in future, is it sufficient for the first deceased?’ He (the Imam) said, ‘Yes, it is sufficient.’ I then asked, ‘Is it because a person on hire is responsible for al-Hajj?’ He (the Imam) said, ‘Yes, that is correct.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

5. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Al-Husayn ibn ‘Uthman from those whom he has mentioned who has said the following: “About a man who pays another man to perform al-Hajj but something happens to him, abu ‘Abd Allah (a.s.), has said, ‘If he (the second man) goes for al-Hajj and something happens somewhere on the way, it is sufficient for the first one.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

6. Muhammad ibn Yahya has narrated from Al-Husayn ibn Ali ibn al-Nu’man from Suwayd al-Qala’ from Ayyub from Burayd al- ‘ Ij liy who has said the following: “I once asked abu ‘ Abd Allah (a.s.), about a man who left a certain amount in deposit with me and he died. His sons do not have anything and he had not performed Hajjahta al-Islam. He (the Imam) said, ‘Perform al-Hajj on his behalf and whatever is left, give it to his heirs.”’

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.