Is it permissible for a person to bequeath, upon his death, the transfer of one of his organs to his sick son?
Machine translationRead the Arabic original
Al-Hawini: Yes, regarding the deceased, Shaykh, if he bequeaths, for example, saying, "My son needs a kidney or a liver or these things, so when I die, extract this organ, for example, and give it, for example, to my son, for example, so that he is cured, for example, of his illness," is this permissible?
The Shaykh : The answer is understood from what has preceded, and its summary is that we say it is a bequest that is both valid and invalid, and it is not permissible to carry it out. This is because when a person dies, he does not have the right to say, "Do this" or "Do not do this," with his body as he pleases, especially if what he bequeaths is contrary to the Shari'ah, as we said earlier. It is true here that the deceased does not suffer harm, but does this not require that, if he has been placed in his grave, his body be uncovered, and if he has not yet been buried in his grave, that a surgical operation be performed on him? This surgical operation is a form of mutilation of the deceased in order to excise the kidney he bequeathed for donation.
The questioner : But it will bring the living to life, and they will tell you that there is a reward in every wet liver. They mean that if we transfer this organ, which the worms will eat, to this person, we will bring another man to life, meaning we will cause his revival?
The Shaykh : Yes, that is what they say. Here comes the saying of the one who said, "They underestimated you, so they described you. Why did they not describe you as a lion's cub?" It is not permissible to dominate the deceased. The Messenger (peace and blessings be upon him), when he prohibited mutilation, did so as a matter of honoring the human being, as they say today in general. As for us, we say that honoring the believer means not mutilating him. It has come in the authentic hadith, and this is perhaps the conclusion of the answer to this issue, which is his saying (peace and blessings be upon him): , . Therefore, it is not permissible to perform a surgical operation on him to excise any of his organs, let it be the kidney. This is all I have.
The Shaykh : The answer is understood from what has preceded, and its summary is that we say it is a bequest that is both valid and invalid, and it is not permissible to carry it out. This is because when a person dies, he does not have the right to say, "Do this" or "Do not do this," with his body as he pleases, especially if what he bequeaths is contrary to the Shari'ah, as we said earlier. It is true here that the deceased does not suffer harm, but does this not require that, if he has been placed in his grave, his body be uncovered, and if he has not yet been buried in his grave, that a surgical operation be performed on him? This surgical operation is a form of mutilation of the deceased in order to excise the kidney he bequeathed for donation.
The questioner : But it will bring the living to life, and they will tell you that there is a reward in every wet liver. They mean that if we transfer this organ, which the worms will eat, to this person, we will bring another man to life, meaning we will cause his revival?
The Shaykh : Yes, that is what they say. Here comes the saying of the one who said, "They underestimated you, so they described you. Why did they not describe you as a lion's cub?" It is not permissible to dominate the deceased. The Messenger (peace and blessings be upon him), when he prohibited mutilation, did so as a matter of honoring the human being, as they say today in general. As for us, we say that honoring the believer means not mutilating him. It has come in the authentic hadith, and this is perhaps the conclusion of the answer to this issue, which is his saying (peace and blessings be upon him):
Breaking the bone of a dead believer is like breaking it while he is alive
كسر عظم المؤمن الميت ككسره حياًBreaking the bone of a dead believer is like breaking it while he is alive
كسر عظم المؤمن الميت ككسره حياً
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
