How should a deceased person who died while in the state of Ihram (sanctification for Hajj or Umrah) be handled regarding washing and shrouding?
General Chapter
Al-Mughni
Book of Funerals
Primary text
A deceased person who dies while in Ihram must be washed, shrouded in two garments, and must not be touched with perfume. Their head and feet must not be covered. This ruling is maintained because the state of Ihram is not nullified by death. The evidence for this is the Hadith narrated by Ibn Abbas: a man's camel threw him off while they were with the Prophet (peace be upon him), and the Prophet commanded, 'Wash him with water and sidr, shroud him in two garments, do not touch him with perfume, and do not cover his head, for Allah will resurrect him on the Day of Judgment with his head covered in Talbiyah (or Tarjil).' This is agreed upon (Muttafaqun 'alayh). The ruling applies generally to all similar cases, as the ruling of the Prophet concerning one person applies to others unless a specific exemption is provided.
Supporting text
A dissenting view held by Malik, Al-Awza'i, and Abu Hanifah is that the state of Ihram is nullified by death, and the deceased should be treated as any non-Ihram Muslim (Halal). This is supported by narrations from Aisha, Ibn Umar, and Tawus, arguing that since Ihram is a legal act of worship, it ceases upon death, similar to prayer or fasting.