The Ruling on Donating the Organs of a Person Who Has Suffered Brain Death, and the Rulings on Mourning and Inheritance
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Question:
A friend of mine says he was involved in an accident, and his condition has become what is called brain death. He asked his family to donate his organs. The question is: if a person has suffered brain death and has a wife, is she required to begin mourning before his soul departs? And do his sons divide up his wealth? If the answer is negative, how is it permissible for his family to donate his organs?
Answer:
The ruling of death does not apply to him unless he dies the known death, where his movements cease, his soul departs, and he remains dead without doubt. As for brain death, it is not considered valid. His wife does not observe mourning, and his wealth is not inherited, until he dies the true death, with no movement and no soul. As for the doctors' claim of brain death, this is a statement with no basis, and it should not be heeded. His wife is not to observe mourning, his wealth is not to be inherited, and his wealth is not to be divided. It is not permissible to donate his organs. It is not permissible for the heirs to donate his organs. Rather, he is to be washed and buried, and nothing is to be cut from him, neither hand nor leg nor heart nor kidney nor anything else. Rather, the deceased is respected and buried as he is in his state. He is washed when he dies the complete death, and his death is the true death, with no movement, no breath, no heart movement, or anything other than the known death. After that, his wife observes mourning, he is washed, the funeral prayer is performed over him, and his wealth is inherited. Nothing of his organs, nor his heart, nor anything else is to be donated. Yes.
A friend of mine says he was involved in an accident, and his condition has become what is called brain death. He asked his family to donate his organs. The question is: if a person has suffered brain death and has a wife, is she required to begin mourning before his soul departs? And do his sons divide up his wealth? If the answer is negative, how is it permissible for his family to donate his organs?
Answer:
The ruling of death does not apply to him unless he dies the known death, where his movements cease, his soul departs, and he remains dead without doubt. As for brain death, it is not considered valid. His wife does not observe mourning, and his wealth is not inherited, until he dies the true death, with no movement and no soul. As for the doctors' claim of brain death, this is a statement with no basis, and it should not be heeded. His wife is not to observe mourning, his wealth is not to be inherited, and his wealth is not to be divided. It is not permissible to donate his organs. It is not permissible for the heirs to donate his organs. Rather, he is to be washed and buried, and nothing is to be cut from him, neither hand nor leg nor heart nor kidney nor anything else. Rather, the deceased is respected and buried as he is in his state. He is washed when he dies the complete death, and his death is the true death, with no movement, no breath, no heart movement, or anything other than the known death. After that, his wife observes mourning, he is washed, the funeral prayer is performed over him, and his wealth is inherited. Nothing of his organs, nor his heart, nor anything else is to be donated. Yes.
Source
وبالوالدين إحسانا — islamhouse.com (45:18)
The Arabic text is a machine transcription of the audio recording.
