Niyaha (wailing over the dead: its ruling, the dead's punishment, and hire)

نِياحة

Niyaha in the lexical sense is wailing aloud, as in keening; the jurists' definitions differ: for the Hanafis it is weeping with praise of the dead, its good qualities enumerated; for the Shafi'is and most Malikis it is raising the voice in lament, even without weeping; for the Hanbalis it is raising the voice in lament with a chanted or rhymed cry. ¹ It differs from weeping, elegy, condolence and the announcement of death. ^{2 3} The majority hold wailing forbidden; the Hanafis hold it disliked in the sense of forbidden. ³ The prophetic prohibitions are many, including the report of Umm Atiyya at the pledge and that of Aisha on throwing dust into the mouths of mourners. ^{3 4 5} Some Malikis allow loud weeping over a dying man when no ugly words are added. ⁶ Most jurists hold that the dead is punished for wailing over him only if he bequeathed it; some reports from Umar and Ibn Umar take it otherwise, and the jurists interpret the hadith. ^{7 8 9} A bequest to wail is void and forbidden. ⁹ The imam must discipline a wailing woman according to the majority; others counsel and give respite without beating. ^{9 10} Hire for wailing is void, and its earnings are unlawful according to the majority; the Hanafis allow a fee where custom makes it expected. ^{10 11}