The preferred view is that the relatives of the deceased, the awliya of the dead man, are the ones who pray over the funeral. It is as if I heard from you one day that you say: this is not established in the Sunnah, or that his deputy has more right to lead the prayer over him than the wali, based on the hadith of Abu Hazim who said: "I was present on the day al-Husayn ibn 'Ali died, and I saw al-Hasan ibn 'Ali saying to Sa'id ibn al-'As, while stabbing him in the neck, and saying: 'Go ahead, for if it were not a Sunnah, I would not have put you forward. And Sa'id was the governor of Madinah at that time, and there was something between them.'"
Machine translationRead the Arabic original
The questioner : The preferred view is that the relatives of the deceased, the awliya of the dead man, are the ones who pray over the funeral. It is as if I heard from you one day that you say: this is not established in the Sunnah, or that his deputy has more right to lead the prayer over him than the wali, based on the hadith of Abu Hazim who said: "I was present on the day al-Husayn ibn 'Ali died, and I saw al-Hasan ibn 'Ali saying to Sa'id ibn al-'As, while stabbing him in the neck, and saying: 'Go ahead, for if it were not a Sunnah, I would not have put you forward. And Sa'id was the governor of Madinah at that time, and there was something between them.'"
The Shaykh : Perhaps... the father said it is not the wali.
The questioner : No, my Shaykh, it is the wali, the wali, of course, my Shaykh. And then there is an indication of this. He said: "And the son of the deceased, or the son of the dead woman, who is our brother Abu al-Zayr, was given permission, and no one else has the right." So the witnesses indicate that.
The Shaykh : This text, as you see, is explicit from one side, and from another side, the imams of the mosques, if the original ruler or his deputy is present.
The questioner: Yes.
The Shaykh : He is the one with the most right; because the imams of the mosques are deputies.
The questioner: Yes.
The Shaykh : If the original is present, the deputy is invalid.
The questioner: Correct.
The Shaykh : Ah, so here, isn't the governor of the city named Sa'id, you say?
The questioner : Yes, Sa'id, my Shaykh.
The Shaykh : Ibn Abi al-'As.
The questioner : Ibn al-'As.
The Shaykh : Ibn al-'As, the authority is his. If al-Husayn ordered him to pray, he prays.
The questioner : Yes, the wali, yes.
The Shaykh: No.
The questioner : If the wali ordered someone else to pray.
The Shaykh : If the wali ordered someone else.
The questioner: Yes.
The Shaykh : This other person prays.
The questioner: Yes.
The Shaykh : So here, did al-Hasan mean al-Husayn or not?
The questioner : Al-Husayn, of course.
The Shaykh : Al-Husayn wanted to draw attention to the original Sunnah, which is that the wali is the one with the most right. So if the wali said, "Yes, but I prefer you and put you forward," that is fine.
The questioner : Okay.
The Shaykh : It may be the position of one of the schools of jurisprudence that the wali of the deceased is the preferred one, and on this basis Abu Malik proceeded.
The questioner : He says: "And for this reason, the majority of scholars, such as Abu Hanifah, Malik, Ahmad, Ishaq, Ibn al-Mundhir, and al-Shafi'i in his old view, as in al-Majmu', went to what we mentioned. So he, my Shaykh, argues with the generality of the hadiths, and also: Sahih Ibn Hibban 10:431, also... the research, the truth.
The Shaykh : Who is speaking?
The questioner : Ibn Hazm.
The Shaykh : ... .
The questioner : You say this here. The argument against him is that the apparent meaning is the sultan to whom the authority over the general Muslims belongs. So this is an argument against Ibn Hazm, because the apparent meaning is the sultan to whom the affairs of the people belong, and it is also apparent that he is preferred over others, even if they have more Quranic knowledge. Look at al-Shawkani, number such and such.
Praise be to Allah.
The Shaykh : "A man came and said: 'A man spoke ill of you in the presence of 'Abd al-Malik.' She said: 'If we are criticized—meaning: if they stab us—for what is not in us, then we have long been praised for what is not in us.'"
The questioner : Ah, Allahu Akbar!
The Shaykh : Huh, this is the truth, Subhan Allah.
The questioner : A strange precision, my Shaykh has it.
The Shaykh : Perhaps... the father said it is not the wali.
The questioner : No, my Shaykh, it is the wali, the wali, of course, my Shaykh. And then there is an indication of this. He said: "And the son of the deceased, or the son of the dead woman, who is our brother Abu al-Zayr, was given permission, and no one else has the right." So the witnesses indicate that.
The Shaykh : This text, as you see, is explicit from one side, and from another side, the imams of the mosques, if the original ruler or his deputy is present.
The questioner: Yes.
The Shaykh : He is the one with the most right; because the imams of the mosques are deputies.
The questioner: Yes.
The Shaykh : If the original is present, the deputy is invalid.
The questioner: Correct.
The Shaykh : Ah, so here, isn't the governor of the city named Sa'id, you say?
The questioner : Yes, Sa'id, my Shaykh.
The Shaykh : Ibn Abi al-'As.
The questioner : Ibn al-'As.
The Shaykh : Ibn al-'As, the authority is his. If al-Husayn ordered him to pray, he prays.
The questioner : Yes, the wali, yes.
The Shaykh: No.
The questioner : If the wali ordered someone else to pray.
The Shaykh : If the wali ordered someone else.
The questioner: Yes.
The Shaykh : This other person prays.
The questioner: Yes.
The Shaykh : So here, did al-Hasan mean al-Husayn or not?
The questioner : Al-Husayn, of course.
The Shaykh : Al-Husayn wanted to draw attention to the original Sunnah, which is that the wali is the one with the most right. So if the wali said, "Yes, but I prefer you and put you forward," that is fine.
The questioner : Okay.
The Shaykh : It may be the position of one of the schools of jurisprudence that the wali of the deceased is the preferred one, and on this basis Abu Malik proceeded.
The questioner : He says: "And for this reason, the majority of scholars, such as Abu Hanifah, Malik, Ahmad, Ishaq, Ibn al-Mundhir, and al-Shafi'i in his old view, as in al-Majmu', went to what we mentioned. So he, my Shaykh, argues with the generality of the hadiths
No one should lead a man in prayer in his house.
لا يصلِّينَّ أحد إمامًا بصاحب البيت في بيتهA man should not lead another man in prayer in his authority.
لا يؤمُّ الرجلُ الرجلَ في سلطانهThe Shaykh : Who is speaking?
The questioner : Ibn Hazm.
The Shaykh : ... .
The questioner : You say this here. The argument against him is that the apparent meaning is the sultan to whom the authority over the general Muslims belongs. So this is an argument against Ibn Hazm, because the apparent meaning is the sultan to whom the affairs of the people belong, and it is also apparent that he is preferred over others, even if they have more Quranic knowledge. Look at al-Shawkani, number such and such.
Praise be to Allah.
The Shaykh : "A man came and said: 'A man spoke ill of you in the presence of 'Abd al-Malik.' She said: 'If we are criticized—meaning: if they stab us—for what is not in us, then we have long been praised for what is not in us.'"
The questioner : Ah, Allahu Akbar!
The Shaykh : Huh, this is the truth, Subhan Allah.
The questioner : A strange precision, my Shaykh has it.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.