379 - Issue: He said: (And the martyr, if he dies at his place, is neither washed nor is the funeral prayer performed over him).

Meaning, if he dies on the battlefield, he is not washed, according to a single narration, and this is the opinion of the majority of scholars. We know of no disagreement regarding this, except from al-Hasan and Sa'id ibn al-Musayyib, who both said: The martyr is washed; for no one dies except in a state of janaba (major ritual impurity). However, following the example of the Prophet (peace and blessings of Allah be upon him) and his Companions in leaving them unwashed is more appropriate. As for the funeral prayer over him, the correct view is that the funeral prayer is not performed over him. This is the opinion of Malik, al-Shafi'i, and Ishaq. There is another narration from Ahmad that the funeral prayer is performed over him, and al-Khallal favored this; it is also the opinion of al-Thawri and Abu Hanifah. However, Ahmad's words in this narration suggest that the prayer over him is recommended, not obligatory. He said in one place: If the prayer is performed over him, there is no harm in it. In another place, he said: The funeral prayer is performed over him, and the people of the Hijaz do not perform the prayer over him, but the prayer does not harm him, so there is no harm in it. He explicitly stated this in the narration of al-Marwudhi, saying: The prayer over him is better, but if they do not perform the prayer over him, it is sufficient. It seems as though the two narrations are regarding the recommendation of the prayer, not its obligation; one of them is that it is recommended due to what 'Uqbah narrated: The Prophet (peace and blessings of Allah be upon him) went out one day and performed the prayer over the martyrs of Uhud, just as he would perform it over a deceased person, then he turned to the minbar. It is muttafaq 'alayh (agreed upon by al-Bukhari and Muslim). From Ibn Abbas, that the Prophet (peace and blessings of Allah be upon him) performed the prayer over the martyrs of Uhud. Our argument is what Jabir narrated, that the Prophet (peace and blessings of Allah be upon him) ordered the burial of the martyrs of Uhud in their blood, and he did not wash them, nor did he perform the funeral prayer over them. [Narrated by al-Bukhari]. And because he is not washed, despite it being possible to wash him, the prayer is not performed over him, just like anyone else who is not washed. The hadith of 'Uqbah is specific to the martyrs of Uhud, as he performed the prayer over them in their graves after eight years, and they do not pray over the grave at all, and we do not pray over him after a month. The hadith of Ibn Abbas is narrated by al-Hasan ibn 'Umarah, who is weak, and Shu'bah denounced his narration of this hadith, saying: Jarir ibn Hazim speaks to me about not speaking ill of al-Hasan ibn 'Umarah, and how can I not speak of him when he narrates this hadith! Furthermore, we interpret it as referring to supplication. If this is established, it is possible that the omission of washing the martyr is because of what washing entails of removing the trace of an act of worship that is legally considered good; for it has come from the Prophet (peace and blessings of Allah be upon him) that he said: "By Him in whose hand is my soul, no one is wounded in the way of Allah—and Allah knows best who is wounded in His way—but he will come on the Day of Resurrection with the color of blood and the scent of musk." Narrated by al-Bukhari. The Prophet (peace and blessings of Allah be upon him) also said: "There is nothing more beloved to Allah, the Almighty and Majestic, than two drops..."