Bequeathing the Donation of Body Parts
In our opinion, this is not permissible either before death or after it, even if the deceased himself made such a bequest and said: “When I die, donate my cornea or my kidney or my liver, etc., to someone.” Acting upon such a bequest is impermissible because it involves an instruction to commit a prohibited act, and a bequest to do something haram is not to be executed.
The scholars have discussed this matter. Refer to the Hanbali book of Fiqh, “Al-Iqnaʿ,” in the section on funeral rites and washing the deceased, where the details can be found. The scholars have explicitly stated that it is not permissible to take anything from the deceased’s body, even if he has willed it. They base this on the hadith of the Prophet صلى الله عليه وسلم:
“Breaking the bone of a deceased person is like breaking it when he is alive.”
[Sunan Abu Dawood, Hadith no. 3607; Sunan Ibn Majah, Hadith no. 1616]
How can it be permissible? A person has control only over himself to the extent allowed by Allah. Allah says:
“وَلَا تَقْتُلُوا أَنفُسَكُمْ ۚ إِنَّ اللَّهَ كَانَ بِكُمْ رَحِيمًا” [النساء: 129]
“And do not kill yourselves. Indeed, Allah is ever Merciful to you.”
Killing oneself is not limited to physically slaughtering oneself with a knife; rather, it includes every act that leads to harming one’s life.
As additional evidence, consider the hadith:
When the Prophet صلى الله عليه وسلم sent ʿAmr bin al-ʿAs رضي الله عنه on a military expedition, one night he became in a state of major ritual impurity (جنابت). It was a very cold night, so he performed tayammum (dry ablution) and led his companions in prayer. When they returned, the Prophet صلى الله عليه وسلم said:
“Did you lead your companions in prayer while you were in a state of janabah?”
ʿAmr رضي الله عنه said: “O Messenger of Allah, I remembered the statement of Allah: ‘And do not kill yourselves. Indeed, Allah is ever Merciful to you.’”
Because the night was very cold, he performed tayammum and prayed. The Prophet صلى الله عليه وسلم laughed.
[Sunan Abu Dawood, Hadith no. 334]
Did he approve or disapprove? He approved—because if he had disapproved, he would have issued a warning.
Therefore, I say: the transfer of body parts, whether during life or after death, is prohibited.
[Ibn Uthaymeen: Liqaa’ al-Baab al-Maftooh: 20/173]
