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AL-KAFI #1629: THE RULING OF REMOVING BRACES OR DENTURES FROM A DECEASED

al kafi 1629

Question:

Assalamualaikum, if a person wears braces or dentures when he was alive, should both of them be removed after he dies or they should be left as they are?

 

Answer:

Waalaikumussalam w.b.t.

Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.

Before we discuss this issue further, we would like to first briefly state the ruling of wearing braces and dentures. In this issue, the first matter that we should be clear about is the original ruling of anything is its permissibility unless there are evidences that come and state otherwise. This is in accordance with an Islamic legal maxim:

الأَصْلُ فِي الأَشْيَاءِ الإبَاحَة

“The original ruling for something is its permissibility.”

Although, if there is any evidence which states other rulings of it, then it is no longer permissible but follows the rulings stated by the evidence.

The act of wearing braces to correct or realign the teeth position is permissible. Its permissibility even includes the whole body if there is any defect or damage which needs to be corrected. This matter is analogically deduced with a situation mentioned in a hadith narrated by ‘Arjafah  Ibn As’ad RA, where he said:

 أُصِيبَ أَنْفِي يَوْمَ الْكُلاَبِ فِي الْجَاهِلِيَّةِ فَاتَّخَذْتُ أَنْفًا مِنْ وَرِقٍ فَأَنْتَنَ عَلَىَّ فَأَمَرَنِي رَسُولُ اللَّهِ صلى الله عليه وسلم أَنْ أَتَّخِذَ أَنْفًا مِنْ ذَهَبٍ

"My nose was severed on the Day of Al-Kulab during Jahiliyyah. So, I got a nose of silver which caused an infection for me, so the Messenger of Allah (ﷺ) ordered me to get a node made of gold."

Sunan al-Tirmizi (1770)

This hadith refers to the permissibility of wearing something made from gold in exigent situations. As we know, gold is permissible to be worn by women but it is haram for men. However, in exigent situations, then it is permissible for men to wear gold just as the example stated in the hadith from ‘Arjafah.

Imam al-Khattabi when commenting on the above hadith said: The hadith shows the permissibility of wearing some gold for men in exigent situations such as to strengthen his teeth with it. Refer Ma’alim Al-Sunan, Al-Khattabi (4/215).

Whereas in Al-Fiqh Al-Manhaji (3/95) it is stated:

 لو جدع أنفه، فاستعاض عنه أنفا من ذهب، أو احتاج أن يشد أسنانه بالذهب، فإنه يباح في هذا وأمثاله من حالات الضرورة استعمال الذهب

If a person’s nose was severed then it was replaced with a nose made of gold or a person wanted to strengthen his teeth with gold, then it is permissible in these situations and others similar in nature of exigent circumstances to use gold.

Coming back to the presented question, we would like to state that the methodology of managing the deceased’s body is that it must be performed through the most honourable means towards the deceased. The reason is the children of Adam are honoured while they are alive and even after their death. This is according to the statement of Allah SWT:

وَلَقَدْ كَرَّمْنَا بَنِي آدَمَ

“And We have certainly honored the children of Adam,”

Surah al-Isra’ (70)

Conclusion

To conclude, we would like to state that the issue of the removal of braces or dentures from a deceased should be considered according to the following matters:

  • If the dentures or braces are not made of gold, then it is fine to leave them as they are with the deceased and it is unnecessary to be removed.
  • If they are made of gold, then there are two opinions on this issue. First, it is unnecessary to be removed for it is considered as defiling the body of the deceased. Second, if their removal will not harm the deceased, then we are inclined for them to be removed.

We refer to a hadith narrated by al-Mughirah RA, where he said the Prophet PBUH said:

وَكَرِهَ لَكُمْ قِيلَ وَقَالَ، وَكَثْرَةَ السُّؤَالِ، وَإِضَاعَةَ الْمَالِ

“…and He (Allah SWT) hates that you engage in gossip, asking many questions about people’s affairs and wasting wealth.”

Sahih al-Bukhari (5975)

Thus, by leaving the gold dentures one fears that it could lead to the act of إِضَاعَة الْمَالِ which is hated by Allah SWT.

Lastly, we pray to Allah SWT so that we are granted the correct understanding in practising this religion. Amin.