What is the ruling on burning the clothes of a deceased before the 40th day of their death? My sister’s husband passed away, and she was advised to burn his clothes. Is this permissible?

Allah Almighty has made wealth a means of sustaining a person’s worldly and religious interests. He has therefore enjoined that it should be preserved and spent in lawful channels, in accordance with one’s circumstances and financial means, whether in prosperity or hardship. Allah Almighty also forbade wasting wealth in any manner, whether by spending it in ways that have no worldly or religious benefit, on what is unlawful, or by destroying it in any manner such as by burning, wasting, or squandering it. Al-Mughirah ibn Shu‘ba (may Allah be pleased with him) narrated that he heard the Prophet (peace and blessings be upon him) say,
“Indeed Allah dislikes for you three things: gossip, wasting wealth, and asking too many unnecessary questions” (Bukhari and Muslim).

 

Burning the clothes of a deceased person

Clothes of every type and kind are considered valuable property (mal mutaqawwim), whether new or old, worn or unworn. This is because an item’s status as property of value depends on its being considered beneficial according to Islamic law and customary practice.[1] Compensation for clothes is based on value, rather than by replacement in kind.[2]

The clothes left by the deceased are considered by jurists as property of recognized value and therefore form part of the estate, being subject to the rulings of Islamic law relating to bequests and inheritance.[3] Based on this, it is prohibited to burn the clothes of the deceased, as described in the question, because doing so is tantamount to wasting wealth, which is prohibited. Anyone who burns the deceased’s clothes is liable to compensate for its value, especially if any of the heirs object or if there are minor heirs or beneficiaries of an obligatory bequest. This is likewise the ruling held by the Maliki scholar, Ibn Rushd al-Jadd, in Al-Bayan wa al-Tahsil (13/135) where he noted that if some of the heirs tear or damage some of the deceased’s clothes as an expression of grief, they must compensate for the damage.

 

Refuting the claim that the deceased’s clothes must be burnt before the fortieth day after their death

The claim mentioned in the question, that the clothes of the deceased must be burnt before the fortieth day after their death, has no basis in Islamic law. Rather, it is contrary to clear textual evidence establishing that such clothes form part of the estate and must be distributed among the living heirs according to their prescribed shares.

 

The ruling

In Islamic law, taking good care of the deceased’s clothes is an obligation, as they form part of the estate. They belong to the heirs, and any of them who wishes may benefit from them. Alternatively, they may be donated to the needy, provided that all the heirs consent.  It is strictly prohibited to burn or destroy a deceased person’s clothes in any manner, and anyone who does so must pay their value from their own funds, especially if the deceased has minor heirs or beneficiaries entitled to a legal obligatory bequest (wasiyyah wajibah).

And Allah Almighty knows best.