if there is no need [to remove it], it shall be buried over, and thus it becomes his grave. If burying it causes harm to passersby, it shall be extracted with hooks, whether or not it leads to mutilation, because this involves fulfilling many rights: the benefit of the passersby, the washing of the deceased, and perhaps the harm caused by leaving it is greater, as it may disintegrate and putrefy. If a group of people descend into the well and are in need of the water, and they fear for their own lives, they are permitted, in a single opinion, to remove him, even if mutilation occurs, because that is easier than the loss of the lives of the living. For this reason, if someone finds nothing for covering [the dead] except the shroud of the deceased, and the living person is in desperate need of it, the living person is given priority. This is because the sanctity of the living and preserving his life is more important than protecting the deceased from mutilation, for the passing of the world is lighter to Allah than the killing of a Muslim. Furthermore, if a deceased person were to have swallowed someone else's property, his abdomen would be opened to preserve the property of the living, and preserving life is more important than preserving property. And Allah knows best.

384 - Issue: He said: "And if his mustache is long, it shall be trimmed and placed with him."

Its summary is that if the mustache of the deceased is long, it is recommended to trim it. This is the opinion of al-Hasan, Bakr ibn Abd Allah, Sa'id ibn Jubayr, and Ishaq. Abu Hanifa and Malik said: Nothing shall be taken from the deceased, because it is the cutting of a part of him, so it is not recommended, like circumcision. The companions of al-Shafi'i differed, having two opinions. Our evidence is the statement of the Prophet (may Allah bless him and grant him peace): "Do for your dead what you do for your brides." A bride is beautified, and what is considered ugly—such as the mustache and other things—is removed from her. Furthermore, leaving it makes his appearance ugly, so its removal is legislated, just as closing his eyes and mouth is legislated, and because it is a sunnah act in life that causes no harm, so it is legislated after death, like ritual bathing.