What is the ruling if a deceased person is shrouded in a usurped garment?

General Chapter

Al-Mughni

Book of Funerals

Book 7 · Issue 2 · Bab 1

Open in Qurani

Primary text

The established ruling is that the usurped garment's value is to be paid from the estate, and the body is not to be exhumed. This is because exhumation constitutes a violation of the deceased's sanctity when the harm can be averted otherwise by compensating the owner.

Supporting text

An alternative opinion suggests exhumation if the shroud remains intact so that it may be returned to its owner from the deceased's assets; otherwise, its value is paid from the estate if it has decayed.