Praise be to Allaah.
Firstly:
If the deceased has any
money then the expenses of preparing him for burial should be paid from his
own money. This takes precedence over paying off his debts and executing his
will if he left a will, and it comes before the division of the estate. The
evidence for that is the words of the Prophet (peace and blessings of
Allaah be upon him) concerning a man who died in ‘Arafah: “Shroud him in his
two garments.” Narrated by al-Bukhaari, 1851; Muslim, 1206.
Ibn al-Qayyim said in Zaad al-Ma’aad, 2/240 concerning
the rulings that are derived from this hadeeth:
The shroud takes precedence over the rights of the heirs and
payment of debts, because the Messenger of Allaah (peace and blessings
of Allaah be upon him) ordered that he be buried in his two garments, and he
did not ask about his heirs or any debts that he owed. If it had been
otherwise he would have asked.
Just as clothing him when
he is alive takes precedence over paying off his debts, the same applies
after death. This is the view of the majority, and there is a differing
opinion to which no attention need be paid. End quote.
See: al-Majmoo’, 5/147; al-Mughni, 3/457
Al-Kasaani said in Badaa’i’ al-Sanaa’i’ (2/330): He
should be shrouded from his entire wealth, before paying off debts,
executing his will or dividing the estate, because this is one of the basic
needs of the deceased. So it is like spending on him when he is alive. End
quote.
Secondly:
If the deceased does not have any wealth then shrouding him
or her is the duty of the one who is obliged to spend on him or her (such as
the father, son or husband). If there is no such person then it must be done
by the bayt al-maal. If there is no bayt al-maal then it must be done by the
Muslims.
See: al-Majmoo’, 5/148-150; Badaa’i’ al-Sanaa’i’,
2/330
Shaykh Ibn ‘Uthaymeen said in al-Sharh al-Mumti’,
5/219: The bayt al-maal of the Muslims is mentioned before the Muslims in
general because the bayt al-maal is for all Muslims, unlike the case if it
is done by the Muslims, because the one who donates it will feel that he has
done him a favour. End quote.
He also said (5/217): But if we assume that there is an
organization that is responsible for that, there is nothing wrong if we
shroud him from that, unless he issued instructions to the contrary, such as
saying, Shroud me from my own wealth, in which case it is not permissible to
shroud him using the public shrouds, whether that is done by a government
organization or a private one. End quote.
Thirdly:
Because the husband is obliged to spend on his wife when she
is alive, shrouding her is obligatory for him.
This is the view of Abu Haneefah, al-Shaafa’i and Maalik.
Ahmad said: It must be paid for from her wealth.
See: al-Majmoo’, 5/148-150; Haashiyat Ibn ‘Aabideen,
3/101
Shaykh Ibn ‘Uthaymeen said in al-Sharh al-Mumti’
(5/219), commenting on the view of the majority: This view is more correct
if he is well off.
Shaykh ‘Abd al-Rahmaan al-Sa’di (may Allaah have mercy on
him) was asked: Is a husband obliged to shroud his wife? He replied:
The correct view is that
the husband is obliged to shroud his wife, whether she was well off or not.
This is part of spending and kind treatment, and the people regard it as
wrong if it is suggested that if the wife of a man who is rich and well off
dies, he does not have to shroud her. End quote.
Al-Faatawa al-Jaami’ah li’l-Mar’ah al-Muslimah,
2/242
But a wife is not obliged to shroud her husband, because she
is not obliged to spend on him when he is alive.
Al-Kasaani said in Badaa’i’ al-Sanaa’i’ (2/330): The
wife is not obliged to shroud her husband, according to consensus, just as
she is not obliged to clothe him when he is alive. End quote.