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Islamic Law

Islamic Law

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Islamic Law
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Taqlid (Rules of Taqlid (Following a Mujtahid (Taharat (Purity Types of Water Kurr water -1 Under-Kurr Water -2 Running Water -3 Rain Water -4 Well Water -5 Rules Regarding Waters Rules Concerning Use of Lavatory (Istibra (the Process of Cleaning the Urethra Mustahab and Makrooh Acts Najis Things Urine and Faeces -2 &1 Semen -3 Dead Body -4 Blood -5 Dogs and Pigs 7 & 6 Beer -9 Sweat of an Animal That Persistently Eats Unclean Things -10 Ways of Proving Impurity How a Pure Thing Becomes Najis Rules Regarding Impurities

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(Mutahhiraat (Purifying Things Water -1 Earth -2 The Sun -3 (Istihala (Transformation -4 (Inqilab (Change-5 (Tholothan (One-third -6 (Intiqal (Transfer -7 (Taba’iyat (Subjection -8 Removal of Original Impurity -9 Istibra (Confining) of an Animal which Eats Impurities -10 Disappearance of a Muslim -11 Rules about Utensils (Wudhu (Abolution How to Make Wudhu (Wudhu by Immersion (Wudhu Irtimasi Rules of Wudhu by Immersion Wudhu Supplications Conditions for the Validity of Wudhu Rules Regarding Wudhu Things for Which Wudhu Is Obligatory Things which Invalidate Wudhu Rules of Jabirah Wudhu Ghusl (The Obligatory Baths (Ghusl Janabat

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Rules Regarding Ghusl Janabat Forbidden Acts for Those in Janabat Ghusl for Janabat Types and Rules of Ghusl (Ghusl through Immersion (Ghusl Irtimasi Rules about Ghusl (Istihaza (Undue Menses Rules of Istihaza ( Hayz [Monthly Period Rules of Hayz Rules for the Haaez Types of Women in Hayz Women Having the Habit of Time and Duration -1 Women Having the Habit of Time Only -2 Women Having the Habit of Duration -3 Mudhtaribah -4 Mubtadea -5 Nasiya -6 Miscellaneous Problems Relating to Hayz (Nifas (Lochia Rules of Nifas Touching a Dead Body Ghusl for Touching a Dead Body A Dying Person Rules Related to a Dying Person Rules to Follow After the Death

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Ghusl of Mayyit The Method of Ghusl of Mayyit Rules Regarding Shroud (Rules of Hunut (Embalmment Rules of Prayer for the Dead Body Method of Prayers for the Dead Body Mustahab Acts of the Prayers for a Dead Body Rules about Burial of the Dead Body Recommended Acts of Burial Wahshat Prayers Exhumation Rules Regarding a Martyr Recommended Ghusls Tayammum Rules of Tayammum : First circumstance : Second Circumstance : Third Circumstance :Fourth Circumstance :Fifth Circumstance :Sixth Circumstance : Seventh Circumstance Things on which Tayammum Is Allowed Method of Performing Tayammum Rules of Tayammum Prayers

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The Importance of Prayers Obligatory Prayers Obligatory Daily Prayers Rules of Friday Prayers Times of the Five Obligatory Prayers Time for Zuhr and Asr Prayers Time for Maghrib and Isha Prayers Time for Fajr Prayers Rules Regarding Time for Prayers Sequence in the Prayers Recommended Prayers The Timings of Daily Nafilah Prayers Ghufayla Prayers Rules of Qibla Covering the Body in Prayers Conditions for Dress Worn during Prayers Cleanness - 1 .Should not be usurped - 2 .Should not be made of the parts of a dead body - 3 Should not be from animal whose meat is haraam - 4 Should not be embroidered with gold - 5 Should not be made of pure silk - 6 Recommended Things Abominable Things Place Where Prayers should Be Offered Recommended Places for Offering Prayers

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Places Where Offering Prayers Is Makrooh Rules Regarding a Mosque Adhan and Iqamah Cases Where Adhan Is Abondoned Obligatory Acts Relating to Prayers (Niyyat (intention -1 Takbiratul Ehram -2 (Qiyam (to stand -3 Qira’at -4 (Ruku' (Bowing -5 (Sujood (Prostrations -6 Recital of Ruku' and Sujood-7 Rules of Sujood Things on which Sajdah Is Allowed The Mustahab and Makrooh Things in Sajdah Makrooh Acts in Sajdah Obligatory Sajdahs in the Holy Qur’an Tashahhud -8 Salam -9 (Tartib (Sequence -10 (Muwalat (Maintenance of Succession -11 Qunut Translation of Prayers Translation of Surah al-Hamd Translation of Surah al-Ikhlas 'Translation of the Zikr in Ruku

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Translation of the Zikr in Sajdah Translation of the Zikr in Tashahhud Translation of Salam Translation of Tasbihat Arba’ah Translation of Qunut (Ta’qib (Du'as after Prayers Things Which Invalidate Prayers If one of the prerequisites of prayers ceases to exist -1 When the Wudhu becomes void -2 Folding hands during prayers - 3 ” Saying “Amin - 4 Offering prayers with one’s back towards the Qibla - 5 Talking -6 Laughing - 7 Weeping - 8 When the form of the prayers is upset - 9 Eating and drinking - 10 Doubt - 11 Adding or reducing basic elements - 12 Things Which Are Makrooh in Prayers Occasions When Obligatory Prayers Can Be Broken Doubts in the Prayers Doubts Which Make Prayers Void -1 Invalid Doubts -2 First: Doubt about an Act Whose Time of Performance Has Passed Second: Doubt after Salam

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Third: Doubt after the Time of Prayers Fourth: One Who Doubts Too Much Fifth: Doubt of Prayer Leader and Follower Sixth: Doubt in Mustahab Prayers Doubts Which Are Valid Method of Offering Precautionary Prayers Rules of Sajdatus Sahv The Method of Offering Sajdatus Sahv Qadha of the Forgotten Sajdah and Tashahhud Addition and Omission of the Acts and Conditions of Prayers (Prayers of a Traveller (Musafir .First condition: His journey is not less than 8 Farsakh Second condition: To have the intention from the beginning to cover a distance of 8 farsakh .Third condition: He should not change his mind while on his way Fourth condition: He does not pass through his hometown or stay, during his .journey, at some place for 10 days or more .Fifth condition: The journey should not be for a haraam purpose .Sixth condition: The traveller should not be a nomad .Seventh condition: Travelling should not be his profession .Eighth condition: The traveller reaches the limit of tarakhkhus Things Which Terminate the Journey First: Reaching one’s hometown Second: Having the intention of staying for ten days Third: Staying for a month without intention Miscellaneous Rules Qadha Prayers

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Parents’ Lapsed Prayers Cases Where Parents’ Lapsed Prayers Are Not Obligatory on the Eldest Son Hiring a Person to Offer Prayers Congregational Prayers Conditions of Congregational Prayers First Condition Second Condition Third Condition Fourth Condition Rules of Congregational Prayers Qualification of an Imam of Congregational Prayers Recommended Things in Congregational Prayers Abominable Things in Congregational Prayers Ayaat Prayers Method of Offering Ayaat Prayers Eid-ul Fitr and Eid-ul Azha Prayers Method of Offering Eid Prayers Recommended Acts in Eid Prayers Rules of Eid Prayers Fasting The Obligation of Fasting Intention to Fast Things Which Make a Fast Void Rules of Things which Make a Fast Void Eating and Drinking -1 Sexual Intercourse -2

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(Istimna (Masturbation -3 Ascribing Lies to Allah and His Prophet -4 Letting Thick Dust Reach One’s Throat -5 Immersing One’s Head in Water -6 Remaining in Janabat or Hayz or Nifas till Fajr Time -7 Enema -8 Vomiting -9 Things Which Are Makrooh for a Person Observing Fast Situations Where Qadha and Kaffara Become Obligatory Kaffara for Fast Rules of Kaffara for Fast Occasions on Which It Is Obligatory to Observe the Qadha Only Occasions on Which Qadha Is Not Obligatory Rules Regarding the Qadha Fasts Fasting by a Traveller People on Whom Fasting Is Not Obligatory Methods of Ascertaining the First Day of a Month Haraam Fasts Makrooh Fasts Mustahab Fasts Those Who Cannot Observe Fast Khums Issues Seven Objects on Which Khums Becomes Payable Payment of Khums on the Seven Objects Profit from Earning - 1 Minerals -2

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Treasure-Trove -3 When Halal Property Gets Mixed up with Haraam Property -4 Gems Obtained by Sea Diving -5 Spoils of War -6 Land Purchased by a Non-Believer Zimmi from a Muslim - 7 Disposal of Khums Zakat Issues Rules of Zakat of Property Circumstances under Which Zakat Becomes Obligatory Zakat of Grains Minimum Taxable Limit of Gold and Silver Zakat Payable on Animals Taxable Limit of Sheep Taxable Limit of Cows Taxable Limit for Camels Disposal of Zakat Qualifications of Those Entitled to Receive Zakat Intention of Zakat Miscellaneous Issues of Zakat Zakat of Fitra Disposal of Zakat of Fitra Rules of Zakat of Fitra Miscellaneous Rules Regarding Zakat of Fitra Hajj Hajj and Its Conditions (Rules Regarding Capability (Istita’at

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Purchase and Sale Rules Regarding Purchase and Sale Obligatory and Recommended Transactions Rules of Transactions Makrooh Transactions Haraam and Void Transactions (Usury (Riba Rules Regarding Usury Conditions of a Seller and a Buyer Conditions Regarding Commodity and What Is Obtained in Exchange Formula of Purchase and Sale Purchase and Sale of Fruits on Trees Cash and Credit Conditions for Contract by Advance Payment Laws Regarding Advance Payment Contract Sale of Gold and Silver against Gold and Silver Circumstances in Which One Has a Right to Cancel a Transaction Rules of Khiyarāt Miscellaneous Rules Partnership Partnership Laws of Partnership Compromise Compromise Orders Regarding Compromise (Lease (Rent

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(Lease (Rent Rules Regarding Lease/Rent Conditions Regarding the Property Given on Lease Miscellaneous Rules Relating to Lease/Rent Muzari’ah (Muzari’ah (Temporary Sharecropping Contract Rules Regarding Muzari’ah Rules of Muzari’ah Musaqat Musaqat Conditions for Musaqat Rules Regarding Musaqat Persons Who Have No Right of Discretion over Their Own Property (Rules Regarding Agency (Wakalat Ju’ala (Ju’ala (Payment of Reward Conditions for Ju’ala Rules Regarding Ju’ala Loan Loan Conditions for Loan Rules Regarding Debt or Loan (.Hawala (Transferring the Debts etc Rules Regarding Hawala Mortgage (Mortgage (Rahn

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Rules Regarding Mortgage Surety (Surety (Zamanat Conditions and Rules of Surety Personal Guarantee for Bail (Personal Guarantee for Bail (Kafalat Rules Regarding Personal Guarantee for Bail Deposit or Trust (Deposit or Trust (Wadi’ah Rules Regarding Deposit or Trust Lending (Lending (Ariyat Rules Regarding Lending Marriage (Marriage (Nikah Method of Pronouncing Marriage Formula Conditions of Pronouncing Nikah Occasions When Husband or Wife Can Nullify Nikah Women with Whom Matrimony Is Haraam Rules Regarding Permanent Marriage (Rules of Temporary Marriage (Mut’ah Rules Regarding Looking at Non-Mahram Miscellaneous Rules Concerning Marriage Suckling a Child Suckling a Child Rules Regarding Suckling a Child

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Cases Where Suckling a Child Becomes the Cause of Being Mahram Ways and Manners of Breastfeeding a Child Divorce Conditions for Divorce Iddah of Divorce Iddah of a Widow Irrevocable and Revocable Divorce (’Orders Regarding Return (Ruju ’Khula’ Divorce or Talaqul Khula Mubarat Divorce Various Rules Regarding Divorce (Rules Regarding Ghasb (Usurpation Rules Regarding Usurpation Lost-and-Found Properties Rules of the Lost-and-Found Properties Slaughtering and Hunting of Animals Slaughtering and Hunting of Animals Rules Regarding Slaughtering and Hunting of Animals Method of Slaughtering Animals Conditions of Slaughtering Animals Method of Slaughtering Camels Mustahab and Makrooh Acts While Slaughtering Animals Hunting with Weapons Rules of Hunting (Conditions for Hunting with a Retriever (Hunting Dog Rules of Hunting with a Retriever

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Hunting of Fish Eating and Drinking Rules of Things Allowed to Eat and Drink Haraam Parts of Animals Whose Meat Is Halal Things Which Are Haraam to Eat or Drink Recommended Eating Manners Acts which Are Abominable to Do While Taking a Meal The Recommended and the Makrooh Acts of Drinking Water Vow and Covenant Vow and Covenant Rules Regarding Vow and Covenant (Taking an Oath (Qasam Conditions for Taking an Oath Rules Regarding Oath (Waqf (Endowment Rules Regarding Waqf (Will (Wasiyyat (Will (Wasiyyat Qualifications of a Person Who Makes a Will Rules Regarding Will Inheritance Those Who Inherit Inheritance of the First Group Inheritance of the Second Group Inheritance of the Third Group Inheritance by the Husband and the Wife

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Miscellaneous Rules of Inheritance Defence and Enjoining Good and Forbidding from Evil Rules of Defence Enjoining Good and Forbidding from Evil Current Legal Issues (Banking Transactions and Qarz ul-Hasanh (interest free loan Rules of Promissory Note and Cheque Key Money Transactions Insurance Transplantation of Organs and Dissection of a Body Muzaribah A Few Important and Frequently Used Issues Taqlid▲ (Rules of Taqlid (Following a Mujtahid▲
Issue No.1- No Muslim can follow a Mujtahid in the fundamentals of faith; he must believe in them with his own insight and understanding. However, he should follow a Mujtahid in the branches of religion i.e. practical laws or codes of practice. If he himself is a Mujtahid (a jurist who is capable of inferring and deducing divine laws from religious sources), he can act upon his own views but if he is not a Mujtahid, he should follow an expert in this field in the same way as people, who do not have the expertise and information in some matters, refer to experts[1] and seek their advice. He who is not a Mujtahid can also act on such precaution that should assure him that he has fulfilled his religious obligations1. For example, if some Mujtahid consider an act to be haraam while others say that it is not, he should not perform that act. Similarly, if some Mujtahids consider an act to be obligatory (wajib) while others consider it to be recommended (Mustahab), he should perform it. However, since it is difficult to act on precautionary measures (ihtiyat) as it demands, relatively speaking, considerable amount of information of Islamic jurisprudential issues, therefore, the best way for the general public is to refer to a Mujtajid and follow him. Issue No.2- Taqlid in religious laws means acting according to the verdict of a Mujtahid. That is to say, one’s actions should be in accordance with the verdicts of the Mujtahid.

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Issue No.3- It is necessary for the Mujtahid who is followed to be male, mature, sane, Shia Ithna Ashari and of legitimate birth. As an obligatory precaution (ihtiat wajib), he should be alive and just (Adil). A person is said to be just when he has an inner fear of God or probity that prevents him from committing major sins and insisting on minor ones. Issue No.4- In the issues regarding which the Mujtahids have different views, one must follow a Mujtahid who is A'lam (the most learned). Issue No.5- There are three ways of identifying a Mujtahid and the A'lam: a) one is himself a learned person and is able to identify a Mujtahid or an A'lam; b) when two persons, who are learned and just and possess the capacity to identify a Mujtahid or the A'lam, confirm that a person is a Mujtahid or an A'lam, provided that two other learned and just persons do not contradict them. c) when a number of learned persons who possess the capacity to identify a Mujtahid or an A'lam, certify that a particular person is a Mujtahid or an A'lam, provided that one is satisfied by their statement. Issue No. 6- When one is unable to identify the most learned Mujtahid, he should follow, as a measure of precaution, a Mujtahid he supposes to be the most learned and if he entertains a doubt and cannot prefer between them, he can follow any of them. Issue No.7- There are four ways of obtaining the edicts of a Mujtahid: a) When one hears from the Mujtahid himself or sees his handwriting. b) By reading the Mujtahids book of Masael provided that, one is satisfied about the correctness of the book. c) When one hears from a trusted person. d) When it is known widely in public to a degree causing certainty. Issue No. 8- If one suspects that the verdict of the Mujtahid might have been changed, he can keep acting according to the previous one and investigation is not necessary. Issue No.9- If the Mujtahid does not give an explicit fatwa on an issue and says that as per precaution one should act in such and such a manner, this is called “obligatory precaution” (Ihtiyat Wajib). The follower (muqallid) may either act on this precaution or refer to another Mujtahid. But if he has given an explicit fatwa, for example he says Iqamah is recommended in an obligatory prayer, then he says that that one should not drop it as a measure of precaution, this is called “recommended precaution” (Ihtiyat Mustahab). In such a case, the follower may either act on it or he may not. In cases where the Mujtahid says “it is a matter of contemplation” or “a matter of objection”, the follower can act on precaution or else, he may refer to another Mujtahid. However, if he says “evidently, it is as such” or “most likely, it is as such” these expressions

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are regarded as fatwa and the follower should act according to it. Issue No.10- If a Mujtahid, who is followed by a person dies, one may still follow him, and if he is more learned than a living Mujtahid, it is obligatory to continue to remain in his Taqlid, provided that he has previously acted on his fatwa. Issue No.11- It is not permissible, as an obligatory precaution, to act on the fatwa of a dead Mujtahid initially, though he might be the most learned of Mujtahids. Issue No.12- A muqallid must learn the issues (Masāil) which are of his daily need or he must know the way to perform them in accordance with precaution. Issue No.13- If a person faces a problem whose rule is not known to him, he can exercise precaution, or if its time does not expire he should wait until he has access to a Mujtahid, and if has no access to a Mujtahid, he should act on what he thinks to be the fatwa of his Mujtahid. Later he should inquire about it. Then if he finds his act to be in conformity with the fatwa of the Mujtahid, it is valid, otherwise he should perform it again. Issue No.14- If a person performs his acts for some time without Taqlid of a Mujtahid, and later follows a Mujtahid, his former actions will be valid if that Mujtahid declares them to be valid, otherwise they will be treated as void and it would be necessary for him to repeat them. In the same manner, he should repeat the acts where he has followed a Mujtahid without sufficient investigation. Issue No.15- </b>If a person has made an error in relating the fatwa of a Mujtahid and later he realises his error, it is necessary for him to inform the people about the correct fatwa and if he has said it on a pulpit or in a speech, it is necessary for him to mention the correct fatwa in different sessions so that those who have fallen in error may come out of it. However, if the verdict of the Mujtahid has changed, it is not necessary for him to inform others about it. Issue No.16- It is not permissible to change Taqlid from one Mujtahid to another as an obligatory precaution, unless the second Mujtajid is A'lam. And if he has switched without investigation, he must switch back. Issue No.17- If the fatwa of a Mujtahid changes, the muqallid must follow his latest fatwa. However, the actions that had been performed according to the previous verdict such as the acts of worship (Ibadat) or the transactions (Muamelat) are valid and correct and it is not necessary to perform them again. In the same manner, if one switches from one Mujtahid to another, it is not necessary to perform the previous acts again.

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Issue No.18- If a person has been doing Taqlid for some time but he does not know whether his Taqlid has been correct or not, there would be no problem in the acts which he has performed already but he must resort to Taqlid from a Mujtahid in a correct way for his present and future practices. Issue No.19- Whenever two Mujtahids are equally learned, it is permissible to opt out and act on some rulings from one Mujtahid and on some others from the other one. Issue No.20- It is forbidden for a non-jurist (one who is not capable of inferring Islamic laws from divine sources) to give fatwa and express his views in matters relating to Islamic laws. If he expresses his views without knowledge, he would be responsible for the actions of all those who act upon his saying.

(Taharat (Purity ▲ Types of Water▲
Issue No.21- Water is either pure or mixed. Mixed water (Ma 'ul muzaf) means the water which is accompanied by a modifying word such as fruit juice, salt water, or rose water. Any water other than mixed water is called pure water (Ma'ul mutlaq). Issue No.22- Pure water is of five types each having a ruling. The five types of pure water are: 1) Kurr Water, 2) Under-Kurr Water, (Qaleel) 3) Running Water, (Jaree) and Plumbed Water, 4) Rain Water, 5) Water of a Well. All of these types of water are pure and purifier but mixed water does not make things clean; it becomes ritually impure when it comes into contact with a najis (impure) thing.

Kurr water -1 ▲
Issue No.23- Water, which fills a container whose length, breadth and depth are three and half medium-sized spans each, is equal to a Kurr. It is also Kurr if its weight is 384 kg (384 Litres). Issue No.24- If essential Najasat (impurity) like urine, blood, or anything which has become najis, like a najis cloth, falls in Kurr Water and if the water acquires the smell, colour, or taste of that Najasat, it becomes najis; but if it does not, then it is not najis. Issue No.25- If something that has become najis (such as clothes and container) is washed in Kurr water, it becomes ritually pure.

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Issue No.26- If the smell, colour, or taste of Kurr water changes owing to something else, which is not najis, it does not become najis. However, it would be better to avoid using any kind of polluted water. Issue No.27- If an essential impurity (like blood) reaches water which is more than a Kurr and changes a part of it, if the amount of the unchanged part is one Kurr or more, then only that part which has changed will be najis, otherwise the entire water becomes najis. Issue No.28- If a najis object is washed under a tap which is connected to Kurr, the water which flows from it is pure, unless it acquires the smell, colour, or taste of the Najasat. Issue No.29- If the quantity of water was equal to a Kurr or more, and later on one doubts whether it has reduced to less than a Kurr, it will be treated to be equal to a Kurr. On the contrary, if water was less than a Kurr, and one suspects that it may have become equal to a Kurr, it should be treated as under-Kurr water. Issue No.30- There are two ways of establishing that the quantity of water is equal to a Kurr: 1) a person should be sure about it himself, 2) at least one just person should say so.

Under-Kurr Water -2 ▲
Issue No.31- Under-Kurr water is water whose quantity is less than a Kurr and does not spring forth from the earth. Issue No.32- If a najis thing contacts under-Kurr water, it makes it najis (as an obligatory precaution). However, if it is poured over a najis object, only that part which contacts the najis thing will become najis. If under-Kurr water goes up like fountain water and contacts a najis object, its lower part does not become najis. Issue No.33- If an object, that has become najis, is washed with clean under-Kurr water, it becomes pure (under the circumstances that will be explained later). However, the water which is separated from it and is called ghassaleh is najis. The water with which the outlets of urine and stool are washed, does not make anything najis, subject to the following five conditions: 1) It does not have the smell, colour or taste of Najasat, 2) extra Najasat has not reached it from outside, 3) is not accompanied by any other Najasat like blood or urine 4) as an obligatory precaution, particles of stool do not appear in the water, 5) more than usual Najasat has not spread around the outlet. It should be noted that purity of water in these circumstances means that if it

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contacts one’s body or clothes, it is not necessary to rinse it, yet it cannot be used for other purposes in the same way as other pure water is used.

Running Water -3 ▲
Issue No.34- The water which springs forth from the earth and then flows (like the water of a spring or a canal) or flows from condensed snow in the mountains is called running water. Issue No.35- The flowing or running water, even if it is less than Kurr, does not become najis upon contact with any Najasat, unless its smell, colour or taste changes due to that Najasat. Issue No.36- If Najasat reaches the running water, only that part of the water will be najis whose smell, colour or taste changes on account of it, and that end which is connected with the spring will be pure even if it may be less than a Kurr. However, the water on the other side of the canal will be najis, if it is less than a Kurr, except for when it is connected through the unchanged water to the spring. Issue No.37- The stationary water that replaces water every time water is drawn from it will be treated as running water and it does not become najis, if Najasat reaches it, though it may be less than a Kurr. The ruling applies to the stationary water at the bank of a canal which is connected with the water of the canal. Issue No.38- Springs and canals that are active sometimes and dormant at other times will be treated as running water only when they are active. Issue No.39- The water from the pipes fitted in the buildings and bathrooms and so on which is connected to a tank is treated as running water provided that the water in the tank alone or together with the water in the pipes is not less than a Kurr. Issue No.40- If a container is placed under the water pouring from the pipes of the mains, the water in the container is treated as running water provided that it is connected to the water from the mains.

Rain Water -4 ▲
Issue No.41- Rain water is to be treated as running water and if it falls on any najis thing, it will make it ritually pure irrespective of whether it is earth, body, carpet or other than these, provided that there is no essential Najasat on them and that the ghassalah (the water with which it has been washed) is separated. Issue No.42- It is not sufficient that only a few drops of rain should fall. It is

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necessary that so much rain should fall that it could be said that it has really rained. Issue No.43- If it rains on an original impurity and the rain water splashes elsewhere, it is necessary as an obligatory precaution to avoid it.. Issue No.44- If there is original impurity on the earth or on the roof of a building, and rain water falls on it, it would be necessary, as an obligatory precaution, to avoid the water. However, the amount that has not fallen on the impure thing is pure and if it is mixed together and flows down the drainpipe, that is pure too. Issue No.45- If rain water flows and reaches under the roof or a place where rain does not fall, it will make that place ritually pure provided that the rain has not stopped. Issue No.46- If rain water collects at a place, even if its quantity is less than a Kurr, and a najis thing is washed in it while it is raining, it becomes pure. Issue No.47- If it rains on a pure carpet which is spread on an impure earth and the water begins flowing on that impure earth the carpet does not become impure and the earth, too, becomes pure. Issue No.48- If it rains on a pond whose water is najis and mixes with it, the pond water will become pure.

Well Water -5 ▲
Issue No.49- The water of a well is pure and makes najis things pure, although its quantity may be less than a Kurr. And if a najis thing which does not contain an essential impurity is washed with it, it becomes pure provided that it does not get the colour, smell or taste of a najis thing. Issue No.50- Though the water of a well does not become najis owing to something najis falling in it, yet, it is recommended that a quantity of water should be drawn from the well for each najis thing and thrown away. Details about this quantity are given in the relevant books. Issue No.51- If the quantity of the water which is pumped out from deep wells, or semi-deep wells or ordinary wells is equal to a Kurr, it can make najis objects pure, but if it is less than a Kurr, as long as the water is flowing continuously, it will be treated as well water and if it comes in contact with an impurity, it does not become najis. Issue No.52- If a Najasat falls into well water causing its smell or colour or taste to change and later this change vanishes by itself, the well water does not

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become pure unless it is mixed with fresh water springing from the earth.

Rules Regarding Waters▲
Issue No.53- Mixed water (whose meaning was explained at the beginning of this chapter) like rose water, fruit juice etc., does not make any najis thing pure, and Wudhu and Ghusl with it will not be in order either. Issue No.54- If mixed water comes in contact with a najis thing, it becomes najis, except in three cases: First: It should fall on an impure thing from above, for example, if rose water is sprinkled on a najis hand from a sprinkler, the rose water in the sprinkler does not become najis. Second: It should go with force, like a fountain, from down upward, in this case, only the part which touches the impurity will become impure and that portion which does not touch the impurity will remain pure. Third: The quantity of the mixed water should be so much that they say Najasat has not reached it. For example, if there is a large pool of mixed water, and a najis thing falls in a corner of it, or if a najis thing comes in contact with one end of a very long oil pipe, in such cases the rest will not become najis. Issue No.55- When najis mixed water is mixed with Kurr or running water, in a manner that it can no longer be called mixed water, it becomes pure. Issue No.56- Water which was originally pure and it is not known whether it has turned into mixed water (like floods that we don’t know whether they call it water or not), will be treated as pure water, i.e. it will make najis things pure and it will also be in order to perform Wudhu and Ghusl with it. But if it was originally mixed water, and it is not known whether or not it has turned into pure water, it will be treated as mixed water. Issue No.57- Water about which it is not known whether it is pure or mixed, and it is also not known whether originally it was pure or mixed, will not make najis things pure, and it is also not permissible to perform Wudhu or Ghusl with it, but if a najis thing reaches it, it does not become najis. Issue No.58- If water gets the smell of najis owing to an original impurity being near or close to it, it will be pure as long as an impurity has not reached. However, it would be better to avoid using it. Issue No.59- Water whose colour, smell, or taste have changed owing to an impurity, if the change vanishes by itself, it does not become pure unless it is mixed with Kurr water, rain or running water. Issue No.60- Water, which was originally pure, and it is not known whether it

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has become najis, will be deemed pure; and water, which was originally najis, and it is not known whether it has become pure, is najis. Issue No.61- The leftover of najis animals like dogs and pig is najis. However, the leftover of the animals, whose meat is haraam to eat, like cats and beasts, is pure, though it is abominable (Makrooh) to eat or drink it. Issue No.62- It is recommended that drinking water should be completely clean. And it is haraam to drink polluted water which causes diseases. It is also better that washing water should be clean, and one should avoid using polluted and foul-smelling water as far as possible.

Rules Concerning Use of Lavatory ▲
Issue No.63- It is obligatory to conceal one’s private parts in the toilet and at all times from other people, whether they are adults or not, even if they are one’s near relatives, like sister and mother. Similarly, it is obligatory to conceal one’s private parts even from children who can discern between good and evil. However, husband and wife are exempted from this obligation. Issue No.64- One can use any thing to conceal the private parts; it is sufficient, if, for example, he conceals them with his hand or dark water. Issue No.65- While using the toilet for relieving oneself, the front or the back part of one’s body should not face the Qibla, and it will not be sufficient to turn the private parts from the side of the Qibla. However, if the front part of the body or back does not face the Qibla the obligatory precaution is that one should not turn one's private parts in such a way that the front part or back of it should be facing the Qibla. Issue No.66- There is no harm if, at the time of washing oneself to become pure after relief, the front or the back of one’s body faces the Qibla. However, one should not face the Qibla or have one's back towards it at the time of Istibra (to be explained later). Issue No.67- It is an obligatory precaution that elders do no let children during defecation to sit with their faces or backs towards the Qibla. But if a child himself/herself sits in such a way it is not obligatory but better to restrain him/her from doing so. Issue No.68- In houses where the toilets are built (intentionally or unintentionally or out of ignorance) towards the direction of Qibla, one should use the toilet in such a way that the front or the back of one’s body faces the Qibla, otherwise, it would be haraam. Issue No.69- If one does not know the direction of Qibla, he should find it, and if

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there is no way to find it, he should try to delay defecating, if possible. However, in case of an emergency situation, there will be no problem in sitting in any direction. In aeroplanes and trains also this same meaning should be observed. Issue No.70- It is haraam to relieve oneself at the following places: 1) In alleys and roads used by people; 2) at a place which is endowed (given as waqf) exclusively for its beneficiaries, like some religious schools that are used only by students or mosques whose toilets are exclusively for those who offer their prayers in it; 3) on the graves of Momineen, and at the sacred places whose sanctity will thus be violated. Issue No.71- In the following three cases anus can be purified only with water: (i) If another impurity like blood also comes out along with the faeces. (ii) If an external impurity touches the anus. (iii) If more than usual impurity spreads on the anus. In the cases other than those mentioned above, anus can be purified either by water or by using tissue paper, cloth or stone etc. Issue No.72- In the cases where anus can be made pure by using things other than water, it is better to wash it with water. Issue No.73- The urinary organ cannot be made pure without water. If one uses under-Kurr water, it is obligatory to wash it twice; but if one uses tap water which is treated as running water, it will be sufficient to wash it once. Issue No.74- When it comes to washing the outlets of urine and faeces, there is no difference between a natural or an unnatural passage, but for an unnatural or an abnormal outlet nothing other than water will suffice. Issue No.75- If the outlet of faeces is cleaned with three pieces of stone, paper or the like, and the tiny particles that are not usually removed except with water, are still there, there is no harm and one can offer prayers with it. Issue No.76- If the outlet of faeces is cleaned with three sides of a piece of stone, it will be sufficient. Also, it is sufficient for ritual purity to use three corners of a piece of paper or cloth. Issue No.77- If a person doubts whether he has made the outlet pure, it is necessary that he should make it pure; but if he doubts after he has offered a prayer, his prayer is valid but for the ensuing prayers, he must make himself pure.

(Istibra (the Process of Cleaning the Urethra ▲

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Issue No.78- Istibra is a recommended act for men after urinating. After passing of urine, one should press with his fingers from the root of penis to the upper part and then the upper part is also pressed a few times so that the remaining drops of urine in the urethra are discharged. But in order to clean the urethra from semen, one should urinate so that the remaining seminal particles in the urethra may come out. Issue No.79- The moisture that is discharged, besides urine and semen, from a man is of three kinds: 1) The liquid which at times comes out after urinating and is a little white and sticky is called Wadi. 2) The moisture which is discharged by man during foreplay is called Mazi. 3) The liquid which comes out after ejaculation is called Wazi. All of these types of moisture are pure, provided that the urethra is clear of urine or semen and they do not invalidate Wudhu and Ghusl either. Issue No.80- The object of Istibra from urine is to ensure that no more urine is left in the urethra; and if after that moisture comes out of it, it is pure and it does not invalidate Wudhu either. However, if one has not done Istibra, he must make Wudhu again and wash the urinary organ. Issue No.81- The object of Istibra from semen is to ensure that no more semen is left in the urethra and if after that moisture comes out of it and one does not know whether it is semen or one of the above mentioned pure moistures, he does not have to perform Ghusl. But if he has not done Istibra, and he considers it probable that the tiny particles of semen had been left in the urethra and has been discharged along with urine or other moisture, then he must perform Ghusl again. Issue No.82- If a person doubts whether he has performed Istabra or not and a liquid comes out of his penis about which he does not know whether it is pure or not that liquid is impure. And if he has performed Istibra but does not know whether he performed it correctly or not, he should ignore his doubt. Issue No.83- Istibra is not meant for women, and if she sees any liquid and she doubts whether it is urine, that liquid is pure and it does not also invalidate Wudhu and Ghusl.

Mustahab and Makrooh Acts▲
Issue No.84- It is Mustahab that a person sitting for relieving himself, sits at a place where no one would see him and it is also Mustahab to cover one's head. Issue No.85- It is Makrooh (abominable) to relieve oneself: 1) Under the fruit-yielding trees.

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2) On roads where people come and go, though no one may see him. 3) Around houses. 4) While facing the sun or the moon, but if he covers his private parts, it would not be abominable. 5) To stay longer than the usual time. 6) To talk, unless necessary. To utter words remembering Allah is is good at all times and places. 7) To urinate while standing. 8) To urinate in water, especially in stationery water. 9) To urinate in the burrows of animals. 10) To urinate on hard earth that splashes and in the face of a strong wind. Issue No.86- It is Makrooh to suppress or constrain one's urge for urine or excretion, and if it is injurious to one's health, it would not be permissible. Issue No.87- It is Mustahab to urinate before prayers, before retiring to sleep, and after ejaculation.

Najis Things▲
Issue No.88- The following ten things are originally impure, as an obligatory precaution: 1) Urine 2) Faeces 3) Semen 4) Dead body 5) Blood 6) Dog 7) Pig 8) Alcoholic liquors 9) Beer 10) The sweat of a najis-eating animal.

Urine and Faeces -2 &1 ▲
Issue No.89- Urine and faeces of human beings and those animals whose meat is haraam to eat, and whose blood gushes out forcefully when its large vein (jugular) is slit, is najis; and the urine of an animal whose meat is haraam, should be avoided as per obligatory precaution, even if its blood does not gush forth when killed. The droppings of small insects such as mosquitoes, flies and similar ones are pure; however, droppings of mice, cats and beasts should be avoided. Issue No.90- The urine and excretion of an animal that subsists on impurities, as per obligatory precaution, and of a quadruped that has been defiled by a human being, are najis. Issue No.91- It is necessary to avoid the urine and excretion of a sheep that has been nursed by a pig. Issue No.92- The droppings and the urine of birds, whose meat is lawful or haraam to eat, are not najis, but it is better, as a recommended precaution, to avoid the droppings and urine of birds whose meat is haraam to eat, especially the urine of bats.

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Semen -3 ▲
Issue No.93- The semen of an animal whose blood gushes forth is impure irrespective of whether its meat is halal or haraam. And it is obligatory precaution to avoid also the semen of an animal whose blood does not gush forth.

Dead Body -4 ▲
Issue No.94- The dead body of an animal whose blood gushes out is impure if it has died a natural death; but if it has been killed in a manner other than that prescribed by Islam, it is pure, though it is better, as per recommended precaution, to avoid it. Therefore, the meat and the hide of animals which are imported from non- Muslim countries are pure, but unless one is sure that the animal has been slaughtered according to Islamic law or the importer says so, it is forbidden to eat such meat. Issue No.95- Those parts of a dead body which do not contain life like wool, hair and nail are pure, but bones and parts of teeth and horns that contain life (that is, it hurts if injured), there is problem in them. Issue No.96- If flesh, though small, or any other part which contains life, is cut off from the body of a living human being, or a living animal whose blood gushes forth, it will be impure. Issue No.97- Small pieces of skin which peel off from the lips or other parts of the body are pure. However, if they are removed with force, they should be avoided as a measure of obligatory precaution. Issue No.98- An egg from the body of a dead hen is pure provided that the crest is hard, however its exterior must be washed. Issue No.99- If a lamb or a kid dies before it is able to graze, the rennet found in its stomach is pure, but its exterior must be washed with water, as an obligatory precaution. Issue No.100- Meat, fat or hide which is sold in Muslim bazaar or a Muslim gives as a gift is pure. However, if one knows that the Muslim obtained it from a non-Muslim without investigating whether or not the animal had been slaughtered according to Islamic law, then it is recommended to avoid it and it is haraam to eat it. Issue No.101- All food and non-food stuffs imported from non-Muslim countries like butter, ghee, cheese and all kinds of medicines, soaps, wax polish, fabrics and perfumes etc. are ritually pure, if one is not sure of their being impure.

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Blood -5 ▲
Issue No. 102- The blood of a human being and of every animal, whose blood gushes forth when its large vein is cut, is impure. The blood of an animal like fish, or mosquito, is pure because it does not gush forth. Issue No.103- If an animal whose meat is halal to eat, is slaughtered in accordance with the method prescribed by Shari’ah, and enough blood flows out, the blood of which is still left in its body is pure, unless the blood goes back into the body of the animal because of its head having been at a higher level at the time of slaughtering and if the blood goes back into the body of the animal owing to inhaling its breath, it is necessary to avoid it, as an obligatory precaution. Issue No.104- As an obligatory precaution the blood that is in an egg is impure and eating it is also haraam. Issue No.105- The blood which is sometimes seen in milk while milking an animal, is impure, and also makes the milk impure. Issue No.106- The blood which comes from gums or other parts of the mouth and which gets mixed with the saliva and vanishes in it is pure, and in this case, it is permissible to swallow it, but one must not do it on deliberately. Issue No.107- If the blood which dries under the skin or nail, on account of being hurt, assumes such a shape that it can no longer be called blood it is pure. But if it is called blood, as long as it is under the skin or nail, it will not harm Ghusl, Wudhu and prayer, but if a hole appears in it, if it is not harmful or very difficult to remove it, it should be removed but if it is difficult to take out blood and to purify that spot for the purpose of Wudhu and Ghusl, the adjoining parts should be washed and a pure piece of cloth should be placed on it and a wet hand should be passed over the cloth and as a precaution taymmum should also be made. Issue No.108- If one cannot discern whether it is dried blood under the skin, or that the flesh has turned that way because of being hit, it is pure. Issue No.109- The yellow substance (pus) that sometimes appears around a wound after the skin has been scratched is pure, if it is not known to have been mixed with blood. Issue No.110- The red skin which appears after washing a wound or at the time of healing is pure, unless one is sure that there is blood in it.

Dogs and Pigs 7 & 6 ▲

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Issue No.111- The common dogs and pigs are impure, and even their hair, paws and nails and every liquid substance of their body is impure. However, aquatic dogs and pigs are pure. Issue No. 112- An animal which is born from these two i.e. dogs and pigs or from mating one of these two with another animal and is not called dog or pig is pure. Issue No.113- Animals, which according to zoology are included in the category of dogs or pigs such as some kinds of beasts, are treated as dogs and pigs except for when they are called dogs and pigs according to custom. Issue No.114- Those mixed breeds of animals created from the intercourse of a wolf and a dog are clean, in case they look more like a wolf rather than a dog. Issue No.115- If a person’s body comes into direct contact with a dog or a pig, it becomes ritually impure through wetness only. Issue No.116- If the animal, which a hunting dog catches and carries with its teeth, is made pure with water, it will be ritually clean and there would be no objection to eating its meat. Issue No.117- Gelatin and the likes of such substances which are derived from the bones of pigs are impure, if one is sure that they are taken from a pig. However, if one doubts about whether or not they are taken from a pig, they are clean. Issue No.118- The hands and clothes of those who keep dogs in their houses or eat pork are treated as pure insofar as one is not certain that they are impure. Issue No.119- Prayers offered in houses where they keep dogs are not void. Issue No.120- Clothes which have been made from the hide or fur of a dog or pig are impure and prayers in them are invalid. Issue No.121- There is no objection in keeping a dog for different purposes such as hunting, guarding a house, guarding an orchard, guarding flocks, searching, tracking and rescue, although they are ritually impure. Issue No.122- There is objection in keeping dogs for entertainment or as pets, if they do not have any benefits such as guarding a house or a flock, hunting and the likes of such purposes. 8- Alcoholic Liquor Issue No.123- All alcoholic liquors and beverages which intoxicate a person are

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impure on the basis of obligatory precaution, but if they are like opium and hemp which cause intoxication but are not originally liquid, are pure, even when water is mixed with them on account of which they become liquid. However, it is haraam to use them. Issue No.124- Medical and industrial alcohol about which one does not know whether or not they are taken from an intoxicating liquid, are pure. Also, eau de cologne, perfumes and medicines that are mixed with medical or industrial alcohol are pure. Issue No.125- The alcohols that are not originally drinkable or are poisonous are not impure, but if they are diluted and turned into liquor or into an intoxicating liquid, they are haraam to drink and they are impure as a measure of precaution. Issue No.126- If grape juice ferments by itself (the fermentation that is usually the first step for becoming liquor), it is impure and haraam. However, if it is fermented by fire or other thing, it is not impure but it is haraam to drink it, and the same ruling applies to the juice of dates, currants and raisins as an obligatory precaution. Issue No.127- If dates, currants or raisins are used in food and they ferment, there would be no objection to eating them.

Beer -9 ▲
Issue No.128- Beer, which is prepared from barley, and is called 'Ab-i-Jaw', is haraam and impure like wine. But barley water which is medically prepared and is called 'Maush-Shaeer' and is not intoxicating at all, is pure and halal. Issue No.129- Fermented beer which is also called L'eau de biere and is in powder and is used in medicine and which is neither intoxicating nor liquid, is pure and Halal.

Sweat of an Animal That Persistently Eats Unclean Things -10 ▲
Issue No.130- The perspiration of a camel which eats unclean things and of any other animals which eat unclean things is impure as an obligatory precaution. Sweat of a Person Who Enters the State of Janabat by Haraam Act Issue No.131- The perspiration of a person who enters the state of Janabat by haraam sexual act, whether it is through adultery, fornication, homosexuality or masturbation, is pure. However, as an obligatory precaution, he should not offer prayers insofar as that sweat is on his body or in his clothes,

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Issue No.132- It is a recommended precaution to avoid the sweat from haraam Janabat and in order to observe this precaution, it is better to perform Ghusl with tepid water so that his body does not perspire. This is in the case where a person performs Ghusl with under-Kurr water, but if he performs Ghusl with Kurr water, then there would be no objection in it. However, after Ghusl has been performed, he should, as a recommended precaution, rinse the whole body once. Issue No.133- Having sexual intercourse with one's wife in her menses or during fasting in Ramadhan is haraam and if he perspires, the obligatory precaution is that he should treat the sweat as that of a person who enters the state of Janabat by haraam acts. Issue No.134- The ‘sweat of Janabat by haraam act’ means the body's perspiration in the course of a haraam act or after it, before performing Ghusl. Issue No.135- If a person who has entered the state of Janabat by haraam acts, makes tayammum instead of Ghusl due to not having water or due to shortage of time or any other excuses, his body's perspiration after that becomes pure, and it is permissible to offer a prayer with it.

Ways of Proving Impurity ▲
Issue No.136- There are three ways of proving the Najasat (impurity) of something: 1) One should be certain or satisfied that something is impure, but if one suspects that something is impure even if he strongly thinks so, is not sufficient. Accordingly, eating in some public places that one sometimes suspects strongly to be impure, is allowed, unless one is sure that the food supplied is impure. 2) If a reliable person who possesses, controls or manages a thing such as a landlord, shopkeeper or a servant or maid says that it is impure. 3) Two just persons or even one just person testifies that a certain thing is impure. Issue No.137- A thing which was originally pure, and one doubts whether it has become impure, will be considered as pure. Conversely, if a thing was originally impure, and one doubts whether it has become pure, it will be considered as impure. Issue No.138- If a person knows that out of the two vessels, or two dresses used by him, one has become impure, but cannot identify it, he should refrain from using both of them. But if he does not know whether it is his own dress, or the dress which is the property of some other person, which has become impure, then it is not necessary for him to refrain from using his own dress.

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Issue No.139- Those suffering from severe obsessive compulsive disorder must not pay attention to their own knowledge and certainty in matters related to purity and impurity; rather they should see how ordinary people become sure about something being pure or impure. Thus, they should act in the same manner as ordinary people act. The best way to rid of obsessive compulsion disorder is to be heedless. Issue No.140- Too much precaution in the issues relating to purity and impurity is discouraged by the religion and if it may lead to obsessive compulsion disorder, it is objectionable. Issue No.141- If a person suspects that a thing may have become impure, it is not necessary to investigate or inquire about it, and there would be problem also in investigation, if it causes obsession. Issue No.142- It is recommended that in addition to observing the issues concerning purity and impurity, cleanliness of body, clothes, house and residence, transportation and the whole living environment be observed as manifested in the acts of the holy Prophet (p.b.u.h.) and the Infallibe Imams (a.s.).

How a Pure Thing Becomes Najis▲
Issue No.143- If a pure thing touches an impure thing and if either or both of them are so wet that the wetness of one reaches the other, the pure thing will become impure. But if the two things are dry or the wetness is so little that it does not reach the other one, the pure object remains pure (unless it touches the dead body of a human being, before it has been given Ghusl, in which case, the obligatory precaution is to avoid it, though it may be dry.) Issue No.144- If one doubts whether a thing has been wet or the wetness has reached it, that thing does not become impure. Issue No.145- If one knows that a part of a carpet or a dress has become impure, but does not know which part of it, and one touches a part of it, the hand that touches that part does not become impure. Similarly, when he knows that one of two things is impure, but he does not know which one, if one of them comes in contact with a pure thing, it does not make the pure thing impure. Issue No.146- If the ground, cloth or other things are wet then only that part will become impure which has acquired impurity and the remaining part will remain pure. Same is the case with melon, cucumber, yogurt etc. Therefore, if the wetness is not much and does not permeate, then only the place that comes in contact with impurity becomes impure.

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Issue No.147- When a syrup or ghee is in a fluid state, if a spot of it becomes impure the entire quantity will become impure. But if it is solidified, only the spot that has come in contact with impurity becomes impure and it can be removed and thrown away. Issue No.148- If a fly or a similar insect sits on an impure thing which is wet, and then sits on a pure thing, that thing does not become impure as it is likely that the legs of these insects do not acquire wetness. However, if we know that they have carried an impurity with them and the impurity has been transferred, it will become impure. Issue No.149- If a part of one's body which is perspiring becomes impure, all those parts to which the sweat reaches will become impure. Issue No.150- If the phlegm or the substance which comes out of the nose or throat is thick and there is blood on a sport of it, that same spot is impure and if it is not thick but in a fluid state, then all of it will be impure. Issue No.151- If a vessel with a hole in its bottom, is placed on impure ground, if the water inside the vessel flows out of it forcefully, the inside of the vessel will not become impure. Issue No.152- If a thing like a needle enters the body reaching impurity such as blood, but has no trace of it when brought out of the body, it is impure, as an obligatory precaution. Same is the case with saliva of the mouth and mucus of the nose if it contacts blood in the mouth or the nose, it is to be avoided as a measure of precaution. Issue No.153- If a thing has become impure (for instance, a hand that touches urine) and it comes in contact with a pure thing when wet, that thing becomes impure too.

Rules Regarding Impurities ▲
Issue No.154- First: Eating and drinking impure things are haraam, and it is also haraam to feed essential impurities such as intoxicants to babies. As an obligatory precaution, one must avoid feeding children impure food. However, if a child makes food impure with his impure hands before consuming it, it is not necessary to stop him from eating it. Issue No.155- There is no objection to selling or lending an impure thing to someone, and unless one knows that the receiver is going to use it for eating or for prayer and suchlike it is not necessary to inform him about the impurity. If he is using the impure thing for eating or prayer, it would be necessary as an obligatory precaution to inform him about it. Similarly if a thing that has been

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borrowed becomes impure the borrower should inform the lender when returning it. Issue No.156- If one notices that someone is eating an impure thing or is offering prayer in an impure dress unknowingly, it is not incumbent on him to inform him. However, if the host notices that the guest is going to sit on an impure carpet with wet clothes and body, he should inform him as a measure of precaution. Issue No.157- If the host comes to know, while the meals are being taken, that the food is impure, he should inform the guests about it, as a measure of precaution. If, however, one of the guests becomes aware of this fact it is not necessary that he should inform others about it. However, if his contacts with the other guests are such that there may be a possibility of his becoming impure owing to their becoming impure he should inform others about the impurity of the food when the meals are over so that they can rinse their hands and mouths. Issue No.158- Second: To make the script and pages of the Holy Qur'an impure is haraam, and if it becomes impure, it should be made pure immediately with water. The same ruling applies to making the cover of the Holy Qur'an impure, if it entails the desecration of it. Issue No.159- Placing the holy Qur'an on an original impurity is haraam, if it entails desecration, and it would be necessary to pick it up. Issue No.160- Writing the holy Qur'an with impure ink is haraam, and if it is written intentionally or unintentionally, it should be erased or washed off. Issue No.161- If giving the holy Qur'an to a non-believer involves its desecration, it is haraam to give it to him. However, if he is likely to be guided or when it is for the propagation of Islam, it is allowed and at times it would even be obligatory. Issue No.162- If a page of the holy Qur'an, or any sacred object like a paper on which the names of Almighty Allah or the Holy Prophet or the holy Imams are written, falls in a lavatory, it is obligatory to take it out and make it pure with water, no matter what expenses it may entail. And if it is not possible to take it out, the use of that lavatory should be discontinued till such time when one is certain that the page has dissolved and petered out. Issue No.163- To make pure a page of the holy Qur'an which has become impure is not only the duty of the one who has made it impure, rather it is the duty of any one who hears about it and if one does it, the others would no longer be under any obligation. If the Qur'an belongs to someone else and it is

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damaged with washing, the one who has made it impure should compensate for the damage. Issue No.164- Third: It is haraam to make the Turbat (the sacred earth of Karbala, usually formed into tablets to place one's forehead on while offering prayers) of Imam Husayn (a.s.) impure, and to make it pure is obligatory, and if it falls on an impure place it should be treated like a page of the holy Qur'an as was explained in Issue No. 162. Issue No.165- Fourth: It is forbidden to make a mosque impure, and if it becomes impure, it is necessary to make it pure. Read details of this issue in the section relating to rules of mosque of place for prayer. Issue No.166- Fifth- The body and the dress worn during prayers and the place where a person places his forehead while in Sajdah (prostration) must be pure. This issue will also be explained in the section dealing with conditions for dress worn during prayers and place for prayer. Issue No.167- If a person who is in charge of something says that it is impure or pure, we should accept him irrespective of whether he is just or unjust, provided that he is Baligh (adult). Therefore, if a child says that an object is impure, he is not accepted unless one is confident that he is telling the truth.

(Mutahhiraat (Purifying Things▲
Issue No.168- Mutahhiraat are those things which make impure objects pure and they are eleven: 1) Water 2) Earth 3) The Sun 4) Istihala (transformation) 5) Inqilab (Change) 6) Tholothan (Two Third) 7) Intiqal (transfer) 8) Taba’iyat (subjection) 9) Removal of original impurity 10) Istibra (confining) of animal which feeds on impurity 11) Disappearance of a Muslim. These purifying agents shall be explained at length in the following issues.

Water -1 ▲
Issue No.169- Pure water purifies every impure thing, provided that when the impure thing is being washed with it, the water does not become mixed and does not take the smell, the colour or the taste of the impurity, and that the essential impurity is removed with rinsing. For instance, if there is blood in it, it

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should be washed so much so that the blood is removed. Of course, there are also other conditions for under-Kurr water that will be pointed out later. Issue No.170- In order to purify an impure household utensil it is necessary to wash it thrice with under-Kurr water, but if it is running water or it is equal to a Kurr it is sufficient to wash the utensil only once, though three times is better ( the water that is connected to the mains should be treated as running water). Issue No.171- If a dog has licked or has drunk water or any other liquid from a utensil, the utensil should be first scrubbed with pure earth mixed with a little water, then it should be washed twice with under-Kurr water or once in Kurr or running water. And if the saliva of a dog falls into a utensil, as a recommended precaution, the same ruling applies to it. However, if other parts of a dog touch a utensil with moisture, it is not obligatory to scrub it with earth; rather it should be washed three times with under-Kurr water and once in Kurr or running water. Issue No.172- If the mouth of a utensil which a dog has licked, is narrow and it would be difficult to scrub it with earth, then it should be scrubbed with a piece of cloth wrapped around a stick after a quantity of clean earth and some water is poured into it. If that is not possible, then, some dust should be thrown into it and after adding some quantity of water, it should be shaken vigorously, then the utensil should be washed in the manner mentioned above. Issue No.173- If a pig drinks any liquid from a utensil, it should be washed seven times with water. It will not be necessary to scour it with dust. And if a pig or a field-mouse has licked a utensil, it should also be washed with water seven times as an obligatory precaution. Issue No.174- A utensil that has become impure because of alcoholic beverage, should be washed and rubbed with the hand three times with under-Kurr water, and it is recommended to wash seven times. Issue No.175- If an earthen jar has been made of impure clay, or impure water has penetrated in it, it should be put into Kurr water or running water, so that water would penetrate into its entire structure and come out, then it will be pure. And if water does not penetrate into it, its exterior becomes pure. Its exterior can also be washed with under-Kurr water. Issue No.176- For washing an impure utensil with under-Kurr water, it should be filled up with water and emptied three times, or some quantity of water should be poured in it, and the utensil should be shaken in a manner so that the water would reach all impure parts before it is spilled. This should be done three times.

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Issue No.177- If a large pot like a cauldron or jar becomes impure, it will be pure if it is filled up with water three times, and emptied every time. Alternatively, if water is poured from above three times, in such a way that it reaches all its sides, and then the water which collects at the bottom is drawn out every time, it will become pure. And it is necessary that the vessel used for drawing out water be washed, when being used for the second and third time. Issue No.178- If an impure metal is washed, its exterior will become pure, though its interior may have become impure when it had melted. Issue No.179- If a baking oven (underground furnace for baking bread) has become impure, it can become pure, if water is poured into it once from above, in a manner that it reaches all its sides. But if it has become impure with urine, it should be washed twice and it is better that a pit is dug at the bottom, so that water collects there and it is then drawn out, and then the pit is filled with pure earth. Issue No.180- If an impure thing is washed with either Kurr water or running water or mains water so that the essential impurity is removed, or after the essential impurity has been removed, it is immersed in Kurr water or running water, it will become pure. If a carpet or dress or any other similar thing is made impure and it is washed with Kurr water it should be squeezed or shaken so that the water in it flows off. Issue No.181- When a thing which has become impure with urine, is to be made pure with water less than Kurr, it should be washed twice. And if Kurr or running water or the mains water is used to make it pure, washing it once would be sufficient. But if it has become impure with anything other than urine, washing it once with either Kurr or under-Kurr water would be sufficient. Issue No.182- When a cloth or a carpet and similar things are made pure with water which is less than Kurr, it must be wrung, or squeezed, till the water remaining in it runs out. Issue No.183- If anything becomes impure with the urine of a suckling child who has not yet started taking food, it becomes pure when water is poured on it in such a manner that it reaches all the impure parts. However, according to the recommended precaution, water should be poured on it once again. And if it is a carpet or dress etc. it is not necessary to squeeze it. Issue No.184- If an impure mat which has been woven with thread is immersed in Kurr water or running water or is held under the mains water, it will become pure after the essential impurity has been removed. Issue No.185- If the exterior of wheat, rice, soap etc. becomes impure it

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becomes pure by dipping it in Kurr-water or washing it under running or tap water. However, if their interior becomes impure, they should be kept in water for as long a time as one should become sure that water has penetrated in them and flown out. Issue No.186- If one doubts whether impure water has reached the interior of a thing or not, its interior is pure. Issue No.187- If a thing becomes impure, it may be placed in a bowl and then water is poured on it three times and then the bowl is emptied, it becomes pure and the bowl becomes pure too. And if the impure thing is like a dress or something that needs to be pressed or squeezed, then each time it should be pressed and squeezed and the bowl be tilted so that the remaining water pours off. Issue No.188- If an impure dress which has been dyed is dipped into Kurr or running water, or is held under the tap water, it will become pure if water reaches all its parts before water becomes muzaf (mixed) with colour, although at the time of wringing or squeezing, mixed water flows out of it. But if before reaching all its parts, water becomes muzaf, then it should be washed so much so that unmixed (mutalq) water reaches it. Issue No.189- If after a carpet or a dress is made pure, slush of mud or soap or other things are seen on it, it will be pure and if there are bigger particles, their exterior are also pure. And if impure water has reached their interior, then in order for their interior to become pure, pure water should reach it and flow out of it. Issue No.190- If an impure thing is washed and the essential impurity is removed from it, there is no harm if the smell or colour of the impurity remains in it. And if one doubts whether the essential impurity is still there or not, it should be washed until he is certain that it has been removed. Issue No.191- If the impurity of the body is removed in Kurr-water or running Water or under tap water the body will become pure and it is not necessary to re-enter the water after coming out of it. Issue No.192- If impure food remains between the teeth and water is taken in the mouth and kept in motion in such a way that it reaches the entire impure food, the food becomes pure. Issue No.193- If the impure hair of head and face is washed with under Kurr-water and if the water flows out by itself, it is not necessary to squeeze the hair for the remaining water to flow off, otherwise, it should be squeezed.

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Issue No.194- Meat or fat which becomes impure, can be made pure with water like all other things. Same is the case if the body or dress has a little grease on it, which does not prevent water from reaching it. In case the fat prevents water from reaching the body, it should be removed first. Issue No.195- Tap water which is connected with Kurr-water is treated as Kurr-water and running water. Therefore, any impure object washed with it, becomes pure when the essential impurity is removed. Issue No.196- If a person washes a thing with water, and becomes sure that it has become pure, but doubts later whether or not he had washed it properly, that thing is pure. If he knows that he had not been mindful of the impurity when washing it, he should wash it again. Issue No.197- If an impure ground is washed with under Kurr-water, and if it is of sand or gravel which absorbs water, it becomes pure but the sands under the surface become impure. Likewise, if the ground is steep and water flows down, it becomes pure, but if the water remains on the ground, it is impure. The ground will be pure, if the impure water is collected by some means. Issue No.198- If the exterior of salt-stone or something resembling it becomes impure, it can be made pure with water, be it under Kurr-water, kurr-water, running water, or tap water. Issue No.199- If sugar or cube sugar becomes impure, it cannot be made pure with water.

Earth -2 ▲
Issue No.200- If the sole of one’s feet or his shoes has become impure as a result of walking on impure earth, it will become pure by walking on earth or rubbing on earth provided that the earth is pure and dry and also the essential impurity is removed, and that the earth should consist of clay or sand or floor made of stones, bricks, cement and similar things. In case, however, the sole of one's foot or shoe is impure, it does not become pure by walking on a carpet or a mat or on green grass. Issue No.201- Purification of impure lower part of one's foot or shoe is also difficult as a consequence of walking on wooden floor but walking on an asphalted surface will make the impure sole pure. Issue No.202- In order to purify the sole of one's foot or shoe it is better that one should cover a distance of at least fifteen cubits (about 71/2 metres) by walking on earth, even though the impurity present there is already cleared by covering a lesser distance, or by rubbing one's foot on earth.

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Issue No.203- It is not necessary that the impure sole of one’s foot or shoe are wet. They become pure by walking on earth, even if they are dry. It is not harmful either, if the ground is slightly moist. Issue No.204- If the part of foot or shoe surrounding the sole becoming impure due to walking on an impure ground contacts the ground, it will become pure too. However, if a person who moves on his hands and knees, and his hands or knees become impure, it is difficult that they become pure by such movement. Similarly, the end of a stick, the bottom of an artificial leg, the shoe of quadruped and the wheels of a car or a cart etc. would not be pure. Issue No.205- There is no harm, if after walking, the smell or colour of the impurity, or its invisible particles which will not become pure save with water, remain in the sole of the feet or the shoe. Issue No.206- The inner part of the shoe does not become pure by walking. Similarly, it is difficult that the under part of socks becomes pure unless it is made of skin or something similar, and one walks with it.

The Sun -3 ▲
Issue No.207- The sun makes the earth and the roof pure, and it is difficult that the building, doors, windows and similar things become pure. Issue No.208- In order for the sun to make the earth and the roof pure, the following conditions must be fulfilled: First: The impure thing should be sufficiently wet, and if it is dry, it should be made wet so that the sun dries it up. Second: If the essential impurity is present on that thing, it should be removed from it. Third: Nothing should intervene between the impure thing and the sun, i.e. the sun should shine directly on the impure thing, not from behind clouds and similar things. If the cloud is so thin that it does not serve as an impediment between the sun and the impure thing, there would be no problem. There is no harm if the sun shines through glass. Fourth: Only the sun should make the impure thing dry. Hence, if an impure thing becomes dry, for example, with wind or some other heat as well as with the sun, it will not become pure. However, it does not matter if the wind is so light that it may not be said that it has had any share in making the impure thing dry. Issue No.209- The sun does not, as an obligatory precaution, make an impure mat and impure trees or grass pure. Issue No.210- If the sun shines on impure earth and a doubt arises later

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whether the wetness dried up with sunshine or not, the earth will remain impure. And the position will also be the same (i.e. the earth will remain impure) if doubt arises as to whether the original impurity was removed from the earth or not, or whether anything prevented the sun from shining on the earth or not. Issue No.211- If the sun shines on a part of the impure earth and makes it dry, only that part will become pure.

(Istihala (Transformation -4 ▲
Issue No.212- If an essential impurity undergoes such a change that it assumes the name and category of a pure thing, it becomes pure. Such a change is called istihala (transformation). For example, if a dog falls in a salt-marsh and transforms into salt, it becomes pure. Also when an impure thing is changed entirely, for example, if an impure wood burns and is reduced to ashes, or impure water changes to vapour, it becomes pure. But an impure thing does not become pure if its essence or category does not change. For example, if impure wheat is ground into flour, it does not become pure. Issue No.213- Charcoal obtained from impure wood is impure and earthenware or brick made of impure clay are also impure. Issue No.214- If one doubts whether an impure thing has undergone any transformation or not, it remains impure.

(Inqilab (Change-5 ▲
Issue No.215- If liquor becomes vinegar by itself, or by mixing it with something, it becomes pure, and it is called Inqilab (change). Issue No.216- Wine which is prepared from impure grapes, and then turns into vinegar, does not become pure. Even if any external impurity reaches it, it is obligatory to avoid it after it turns into vinegar. Also the vinegar which is prepared from impure grapes, raisins and dates, is impure. Issue No.217- If grapes with their tiny stems and stalks are used in preparing vinegar and usually, before turning into vinegar, it turns into wine and then turns into vinegar, it is pure. But if cucumber or aubergine and similar things are added to it, it is necessary to avoid it as an obligatory precaution. Issue No.218- Eating raisins and dates that are added to food, is Halal, though they may have fermented.

(Tholothan (One-third -6 ▲

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Issue No.219- If the juice of grapes ferments when heated with fire, it is not impure but it is haraam to eat it. However, if it boils so much that 2/3 of it evaporates and 1/3 part of it is left, it becomes halal, and if it ferments by itself and becomes intoxicating, it is impure and haraam. It will be pure and halal to drink only when it turns into vinegar. Issue No.220- If there are some ripe grapes in a bunch of unripe grapes and the juice of that bunch is commonly called “unripe grape juice”, and it boils, it does not become impure or haraam. Issue No.221- A thing, about which it is not known whether it consists of the juice of unripe grapes or of ripe grapes, it will not become haraam, if it ferments by the heat of fire. Issue No.222- The grape extract which is bought from the market and one knows that the seller is familiar with all issues relating to it, it is pure and halal and it is not necessary to investigate about it.

(Intiqal (Transfer -7 ▲
Issue No. 223- If the blood of a human being or of an animal whose blood gushes forth when its large vein is cut, is transferred to the body of an animal which does not have gushing blood, and it becomes part of its body, the blood becomes pure. This process is called Intiqal. Issue No.224- The blood of a mosquito which is a part of its body, is pure, though, originally it may have sucked from a human being. Issue No.225- If blood comes out of a mosquito and one is not sure whether it is the blood that it has just sucked from him or it is the mosquito’s own blood, it is pure. Issue No.226- If one knows that the blood that comes out of a mosquito’s body has not yet become a part of its body, the blood is impure. Issue No.227- The blood that a blood- sucking leech sucks from the body of a human being is not pure, because it is not counted as part of its body.

(Taba’iyat (Subjection -8 ▲
Issue No.228- Taba'iyat means that an impure thing may become pure as a consequence of the purification of something else. The details of this issue will follow later. Issue No.229- If wine is transformed into vinegar, the part of the container up to which it reaches on account of fermentation will also become pure. The

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cloth or any thing which is usually placed on it, in case it has become impure with moisture from the wine, it will also become pure. Issue No.230- If wine overflows while boiling and makes the exterior of the container impure, the exterior will not become pure, even after the wine has transformed into vinegar. Issue No.231- The plank or slab of stone on which a dead body is bathed and the cloth with which his private parts are covered and the hands of the person who bathes him are washed along with the dead body, become pure when ceremonial bath (the three prescribed baths) is completed. Issue No.232- If cloth etc. is washed with under-Kurr water and is squeezed as usual, allowing water to flow off, the water which still remains in it is pure. Issue No.233- When an impure utensil is washed with under-Kurr water the small quantity (or drops) of water which remain in it after throwing away the water which has been poured on it to purify it, is pure.

Removal of Original Impurity -9 ▲
Issue No.234- If the body of an animal becomes impure, when the original impurity disappears, the body of the animal becomes pure. For example, if the beak of a bird is stained with blood, or if an animal sits on impure things, the body of the animal becomes pure as soon as blood and impurity is removed. Issue No.235- The inner parts of the human body, for example, mouth or nose, become pure after the removal of impurity from there. Hence, if blood comes out of the gums of a person and loses all its traces in saliva, rinsing the mouth is not necessary. However, if artificial teeth become impure within the mouth they should be purified with water, as an obligatory precaution. Issue No.236- If some particles of food remain between one's teeth and then blood comes out within his mouth and he is not aware whether blood has touched those particles of food they are pure and if blood touches them they become impure and it would be haraam to eat it. Issue No.237- If A part of lips and the likes of it about which it is not known as to whether they should be treated to be external parts or internal ones, become impure, they should be washed with water. Issue No.238- If impure dust and soil settles on body, clothes or carpets, etc. and both of them are dry, they do not become impure, and it is sufficient that they are shaken off. But if one of them is wet, it becomes impure. And if one doubts whether or not the dust or the soil has been impure, or doubts whether the object has been wet or not, that object is pure.

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Istibra (Confining) of an Animal which Eats Impurities -10 ▲
Issue No.239- The dung and urine of an animal which is habituated to eating human excrement, is impure, and its meat is haraam too, and it could be made pure by subjecting it to “Istibra”, that is, it should be prevented from eating impurity, and pure food should be given to it, till such time that it may no more be considered an animal which eats impurity. The following animals should be prevented from eating impurity for the period specified: Camel for 40 days. Cow for 20 days. Sheep for 10 days. Water fowl for 5 days. Domestic hens for 3 days. For animals other than these, it would be sufficient to consider them clean when they are no longer called impurity eaters. Issue No.240- Sometimes, in chicken farms, chickens feed and grow on food mixed with blood powder, so that chickens are grown by it, the meat and eggs of such chickens are not haraam, and the excretions of the chickens are not impure either. However, it would be better to avoid eating such chickens and their eggs. Issue No.241- If an animal eats impurities other than the human excrement, it does not cause its dung and urine to become impure, and its meat is not haraam either. However, if an animal has fed on pig milk and it has grown through it, its meat is haraam.

Disappearance of a Muslim -11 ▲
Issue No.242- When body, dress, or any other thing which has been in the possession of a Muslim becomes impure, and he himself also knows about it, and thereafter that Muslim disappears, the things in question can be treated as pure, if one believes that he may have washed them, provided that they are such things in which purity is necessary, like a dress with which one prays, or food and utensils. Issue No.243- When two just persons or even one says that something has become pure, their testimony should be accepted. Similarly, when a person who possesses an impure thing, says that it is pure, or when a Muslim has washed the impure thing with water, it will be considered pure even if it may not be known whether or not he has washed it properly. Issue No.244- If one gives his dress to a Muslim laundry to be washed and made pure, and he confirms that he has done so, one should accept his words. Issue No.245- If a person is in such a mental state that he does not become certain about an impure thing becoming pure, or when washing an impure thing, he cannot easily be sure of it becoming pure, his certainty is of no

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validity, and he should follow the method used by the common people.

Rules about Utensils▲
Issue No.246- If a household utensil has been made with the hide of a dog or a pig or the dead animal (not slaughtered lawfully), it is not permissible to eat or drink anything from that utensil, nor is it permissible to use it for Wudhu and Ghusl or suchlike. However, there is no objection in using the utensil for other purposes in which purity is not required (e.g. irrigation or watering animals), though the recommended precaution is that they should not at all be used. Issue No.247- It is haraam to use gold and silver vessels for eating and drinking purposes or any general use. Rather, it is not permissible, as an obligatory precaution, to use them for room decoration or any other purposes. Issue No.248- It is necessary, as an obligatory precaution, to avoid manufacturing gold and silver vessels and using the wages that is received for it and also selling and buying them. The money that is received in exchange for the vessels is also a matter of Ishkal (objectionable). Issue No.249- What is not classified as vessels, like the clip of a tea-glass, the wind-broker of a Hubbell bubble, or the scabbard of a sword, etc., if they are made of gold or silver, there would be no problem. However, the obligatory precaution is to avoid using the receptacles of perfume, or antimony, etc. which is made of gold or silver. Issue No.250- There is no harm in using vessels which are gold-plated or silverplated. Issue No.251- There is no harm in using a utensil which is made of alloy mixed with gold and silver in such a manner that the utensil cannot be said to have been made of gold or silver. However, it is haraam if only gold and silver are mixed. Issue No.252- If there is food in a gold or silver container and, in view of the fact that eating and drinking in utensils made of gold or silver is haraam, a person transfers that food to another utensil, it is permissible but if it is not for this purpose, it is haraam. However there is no objection to eating the food that has been transferred to the second utensil which is not made of gold or silver. Issue No.253- Using a vessel made of gold or silver in a state of helplessness is allowed, and there is no problem in using it for Wudhu and Ghusl in the state of taqiyah (dissimulation). Issue No.254- There is no harm in using a utensil, about which it is not known whether it is made of gold or silver or something else. It is not necessary to

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investigate about it either. Issue No.255- What is called white gold should be treated as red or yellow gold, as an obligatory precaution, if it is called “gold”.

(Wudhu (Abolution▲ How to Make Wudhu▲
Issue No.256- Wudhu means to wash the face and hands, and to wipe the front portion of the head and the upper part of two feet, in the manner that will be explained in the coming issues. Issue No.257- The length of the face should be washed from the upper part of the forehead, where hair grow, up to the farthest end of the chin, and its breadth should be washed to the part covered between the thumb and the middle finger, and if a small part of this area is left out, Wudhu will be void. Thus, in order to ensure that the prescribed part has been fully washed, one should also wash a bit of the adjacent parts. Issue No.258- If the hands of a person are larger or smaller than normal, he should observe how people normally wash their faces, and follow accordingly. Also, if he has hair on part of his forehead, or the frontal part of his head is bald, he should wash his forehead as is usually washed by the people. Issue No.259- The face and hands should be washed in a manner that water reaches the skin, and if there are obstructions, they should be removed. If he suspects that there might be something which does not permit water to reach the skin, he should examine it before hand. Issue No.260- Those who grow beard, if the skin of the face is visible from under the hair, one should make the water reach the skin, and if it is not visible, it is sufficient to wash the hair, and it is not necessary to make the water reach beneath the hair. Issue No.261- If a person doubts whether his skin is visible from under the hair of the face or not, he should, as an obligatory precaution, wash his hair, and also make the water reach the skin. Issue No.262- It is not obligatory to wash the inner parts of the nose, nor of the lips and eyes which cannot be seen when they close. Issue No.263- After washing the face, one should first wash the right hand and then the left hand, from the elbows to the tips of the fingers. Issue No.264- The face and hands should be washed from above downwards,

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and if one washes the opposite way, his Wudhu will be void. Issue No.265- If a person makes his hand wet, and passes it over his face and hands, and if the moisture in the hand is enough to be said that it has been washed, it will be sufficient. Issue No.266- In order to ensure that each elbow has been washed thoroughly, one should include some portion above the elbow in washing. Issue No.267- If before washing his face a person has washed his hands up to the wrist as is common with some people, he should, while performing Wudhu, wash them up to the tips of the fingers and if he washes them only up to the wrist his Wudhu is void. Issue No.268- While performing Wudhu, it is obligatory to wash the face and the hands once, and the obligatory precaution is not wash them twice, and washing them three or more times is haraam. “Once” here means to wash the face or hands thoroughly whether it is with one handful of water or several; when washing is finished it is counted as once. Issue No.269- After washing both the hands, one should wipe the front part of his head with the wetness which is in his hand, the obligatory precaution is that he should wipe it with the palm of his right hand, and it is better that he should wipe his head from the upper part, downwards. There would also be no objection to wiping the head from the lower part, upwards. Issue No.270- The frontal part of the head that is above the forehead, is the place of wiping and it is sufficient to wipe as much at any place in this part of the head, although the recommended precaution is that the length should be equal to one finger, and its breadth should be equal to three joined fingers. Issue No.271- It is allowed that the wiping of the head be performed either on the skin or on the hair that has grown on it. However, if the hairs are so long that when combed they fall on his face, or on other parts of his head, he should wipe his hand on the roots of his hair, and it is better that he he parts the hair before performing Wudhu so that after washing the left hand, he can easily wipe on the root of the hair or the skin. Issue No.272- After wiping of the head one should wipe, with the wetness present in one's hands, one's feet from the tip of any toe of the foot up to the plump of the upper part of it, and the obligatory precaution in this behalf is that the wiping of the feet should be up to the joint of the foot. Issue No.273- It is enough to wipe the feet, as much as the breadth of a finger, though it is better to be equal to the breadth of three joined fingers, and it is

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still better that the wiping of the foot is done with the entire palm, and if the entire palm is placed on the foot and drawn upward a little, it would be sufficient. Issue No. 274- While wiping one’s head and feet, it is necessary to move one’s hand on them, and if he keeps the hand stationary and moves the head or feet beneath the hand, Wudhu would be void, as an obligatory precaution. However, there is no harm in it if the head and feet also move slightly while the hand is being drawn on them. Issue No.275- The parts of wiping should be dry, however, there is no harm if the wetness on those parts is so insignificant that the moisture of the palm overcomes it. Issue No.276- If wetness disappears in the palm, one can obtain moisture from other parts of Wudhu and wipe with it, but he may not make wet with fresh water. And if the wetness of palm is just enough for wiping the head, then he can wipe the head first and for the wiping of feet, he can obtain moisture from other parts of Wudhu. Issue No.277- The wiping must be on the skin of the feet, and wiping on socks or shoes is void and unless one is under Taqiyah (dissimulation), it would not be allowed. And if one is unable to remove his shoes or socks because of severe cold, or fear of robbers and beasts, etc., it is sufficient to wipe on them, and if the top of the shoes is impure, one can put something pure on them and then wipe on them. Issue No.278- If the upper part of the feet is impure, and it cannot also be washed, it is necessary, as an obligatory precaution, to place a pure thing on it and wipe on it and then perform tayammum.

(Wudhu by Immersion (Wudhu Irtimasi▲
Issue No.279- Wudhu by immersion means that one should dip one's face and hands into water, with the intention of performing Wudhu.

Rules of Wudhu by Immersion▲
Issue No.280- While performing Wudhu by immersion, one should wash one’s face and hands downwards from above, that is, when he dips his face and hands into water, with the intention of Wudhu, he should dip his face in water from the forehead and his hands from elbows, and when he is bringing them out of water with the intention of Wudhu, he should bring his face out of water from the forehead and his hands from elbows. Issue No.281- In Wudhu by immersion, in order that the wiping of the head and

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feet is not performed with fresh water, one should, while immersing the right and left hands, have the intention that after taking the hands out of water, the water is a part of Wudhu as long as it runs on them, otherwise there is problem in wiping of the head and the feet. Issue No.282- There is no harm in performing Wudhu of some parts by immersion, and of others in the usual way. And it is better that the wudhu of the left hand is done in the usual way so that there is no problem in regard to wiping the head and the feet.

Wudhu Supplications▲
Issue No.283- It is befitting that a person performing Wudhu should recite the following supplication when his eyes fall on water: Bismillahi wa billahi wal hamdu lil lahil lazi ja’ala ma’a tahura wa lam yaj alhu najesa, (I begin my ablution in the Name of Allah. All praise is due to Allah, Who made water purifying, and not impure). While washing the hands before performing Wudhu, one should say: Alla hummaj ‘alni minat tawwabina waj ‘alni minal muta tah-hirin. (O Lord! Make me of those who repent and purify themselves). While rinsing the mouth one should say: Alla Humma laq qini hujjati yawma alqaka wa atliq lisani bizikrika ( O Lord! Dictate to me the principles of faith on the Day I meet You and make my tongue fluent with Your remembrance). While washing the nose one should say: Alla humma la tuharrim ‘alaya rihal jannati waj ‘alni mim man yashummu riha ha wa rawhaha wa teybaha. ( O Lord! Do not deprive me of the fragrance of Paradise, and make me of those who smell its fragrance and perfume). While washing the face, one should say: Alla humma bayyiz wajhi yawma taswaddu fihil wujuh wala tusawwid wajhi yawma tabyazzul wujuh. (O Lord! Make my face bright on the Day when the faces will turn dark. Do not darken my face on the Day when the faces are bright). While pouring water over the right elbow, one should say: Alla humma a’tini kitabi bi yamini wal khulda fil jinani bi yasari wa hasibni hisaban yasira. (O Lord! Give my book of deeds in my right hand, and a permanent stay in Paradise on my left, and make my reckoning an easy one). While pouring water on the left elbow, one should say: Alla humma la tu’tini kitabi bishimali wala min wara’i zahri wala taj alha maghlu latan ila unuqi wa a’uzu bika min muqat ta’atin niran. ( O Lord!D o not give my book of deeds in my left hand, nor from behind my back, nor chain it to my neck. I seek refuge in You from the Hell-fire). While performing the wiping of the head, one should say: Alla humma ghashshini bi rahmatika wa barakatika wa ‘afwika. (O Lord ! Cover me with Your Mercy, Blessings and forgiveness). While performing the wiping of the feet, one should say: Alla humma thabbitni alas sirati yawma tazillu fihil aqdam. Waj’al sa’yi fi ma yurzika’anni ya zal jalali wal ikram. (O Lord! Keep me firm on the Bridge (to Paradise) on the Day when the feet will slip, and help me in my efforts to do things which will please You, O’ Glorious

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and Mighty!).

Conditions for the Validity of Wudhu▲
Issue No.284- There are twelve conditions for the validity of Wudhu: First condition: The water should be pure and clean. Second condition: The water should not be mixed. Therefore, Wudhu performed with impure or mixed water is void, even if one may not be aware of its being impure, or mixed, or may have forgotten about it. And if one has offered prayers with that Wudhu, he should repeat those prayers with a valid Wudhu. Issue No.285- If a person does not have any water to perform Wudhu, except mixed water, he should perform tayammum, and if his mixed water is murky with clay, as an obligatory precaution, he should wait till the water becomes limpid, if he has enough time at his disposal. Issue No.286- Third condition is that the water for performing Wudhu and the space in which Wudhu is performed and the place where the water of Wudhu falls on and the water container, as an obligatory precaution, should be permissible for him. Therefore, there is harm in performing Wudhu with usurped water, or with water about which one does not know whether the owner would allow its use. Issue No.287- Performing Wudhu with the water whose owner had allowed its use before and one does not know whether he has changed his mind or not, is in order. Issue No.288- If a person does not know whether the pool or tank of water of a school has been dedicated to the general public or to the students of that school only and if people usually perform Wudhu with the water of that pool there is no harm in his performing Wudhu with its water. Issue No.289- If a person who does not wish to offer prayers in a particular mosque or Hussayniyah (or Imam Barah, a place of assembly for religious functions in particular for mourning ceremonies for Imam Husayn (a.s.)], is not aware whether its water is dedicated to the general public, or specifically to those who offer prayers there, he cannot perform Wudhu with the water of that place. Similarly, performing Wudhu with the water of inns, hotels, guest houses or similar places for the people who are not residing there, is not valid, unless one can gather from the acts of religious people that the water in such places has been endowed for public use. Issue No.290- If a person is not a student of a religious school, but he is a guest of the students of the school, there is no harm in his performing Wudhu with the water of that school provided that having guests is not against the conditions of

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Waqf (endowment). The same rule applies to the guests of the residents of hotels or inns, etc. Issue No.291- Performing Wudhu from the water flowing in big or small canals is allowed, even if one does not know whether their owners would allow or not. However, if the owner of the canal strictly prohibits performing Wudhu with that water, one should, as an obligatory precaution, refrain from performing Wudhu with it. And if the current of the canal has been diverted without the permission of its owner, one should not perform Wudhu in it, as a measure of precaution. Issue No.292- If a person forgets that the water has been usurped, and performs Wudhu with it, his Wudhu is in order. However, if a person has usurped the water himself but forgets about it, his Wudhu with that water will be void. Issue No.293- If a person thought that the water was his, and after performing Wudhu it was known that the water belonged to someone else, his Wudhu would be in order, and he should pay the price of water to its owner. Issue No.294- Fourth condition: The container of water used for Wudhu should not be made of gold and silver, as an obligatory precaution. Issue No.295- If the water for Wudhu is in a usurped container or is in the vessels of gold and silver, and there is no other water available, he can transfer that water lawfully into another container, and then do Wudhu. If he cannot possibly do that, he should perform tayammum. There would be problem in the Wudhu performed with the water in such a container irrespective of whether he performs Wudhu by immersion or uses his hand to take out water and throw it on his face and hand. Issue No.296- If, for instance, a usurped stone or brick is fixed in a pool, and making Wudhu with the water amounts, in common parlance, to haraam possession of that brick or stone, there would be problem in performing Wudhu with it. Similarly, there would be problem, if a tap or part of pipe from which water flows is usurped. Issue No.297- If a pool or a canal is dug in the precinct of the tomb of an Imam or a descendant of Imams which was previously a grave-yard and one does not know that area has already been dedicated to the grave-yard there is no harm in performing Wudhu with the water of that pool or canal. Issue No.298- Fifth condition: Parts of the body on which Wudhu is performed should be pure at the time of washing and wiping. However, if the place which has already been washed or wiped in Wudhu becomes impure, it will be deemed

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valid. Issue No.299- If any other part of the body other than the parts of Wudhu is impure, the Wudhu will be in order. However, if the outlet of urine or faeces have not been made pure, the recommended precaution is that one should make them pure first, and then perform Wudhu. Issue No.300- If any one part of Wudhu was impure, and after performing Wudhu one doubts whether he washed it before Wudhu or not, his Wudhu will be valid. But he should wash it with water for prayer and if any thing has come in contact with it, it should be made pure. Issue No.301- If a person has a cut or wound on his face or hands and the blood from it does not stop, and water is not harmful for it he should, after washing the healthy part of that limb in proper order, put the place of wound or cut in Kurr-water or running water or hold it under tap water and press it a little so that the blood may stop. Then he should perform Wudhu Irtimasi (Wudhu by Immersion) according to the instruction explained earlier. However, if water is harmful, he should follow the instruction for Jabirah Wudhu which will be explained later. Issue No.302- Sixth condition: The sixth condition is that the person performing ablutions should have sufficient time at his disposal to perform Wudhu and to offer prayers. In case, time is too short for offering prayers and, if Wudhu is performed, the entire prayers or a part of it may be offered after the prescribed time, he should offer prayers after performing tayammum. Issue No.303- If a person who is faced with the shortage of time for prayer, he should perform tayammum instead of Wudhu. If he performs Wudhu for prayer, his Wudhu is invalid but if he performs Wudhu with the intention of other acts, like reading the holy Qur'an, his Wudhu is in order. Issue No.304- Seventh condition: The seventh condition is that one should perform Wudhu with the intention of seeking Divine pleasure i.e. to obey the orders of Allah. In case, therefore, a person performs Wudhu with the intention of showing or cooling himself or for some other purpose, the Wudhu would be void. But if he is determined to perform it with the intention of obeying Allah, and at the same time he knows that he will become cool also, there is no harm in it. Issue No.305- It is not necessary that one should express the intention of performing Wudhu in words or think about it in his mind. If he is asked what he is doing and he says that he is performing Wudhu, it would be sufficient for Niyat (intention).

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Issue No.306- If a woman performs Wudhu where she can be seen by a na-mahram (with whom marriage contract is allowed), her Wudhu is not void, though she has committed a sin. Issue No.307- Eighth condition: Wudhu should be performed in the prescribed sequence, that is, he should first wash his face, then the right hand and then the left hand, and thereafter, he should wipe his head and then the feet. As a measure of precaution, he should not wipe the left foot before the right one. Issue No.308- Ninth condition: The acts of Wudhu should be done in a way that it is said that he is doing it one after the other, and if he does so, his Wudhu is in order, even though the moisture of the previous parts may have dried up owing to hot weather or blowing wind. For example, when he is washing his right hand, the moisture on his face dries up. However, if he does it in a way that it is not consecutive, his Wudhu is void, though the previous limbs may not have become dry due to cold weather. Issue No.309- There is no harm in walking while performing Wudhu. Hence, if after washing his face and hands, a person walks a few steps and then wipes his head and feet, his Wudhu is valid. Issue No.310- Tenth condition: A person doing Wudhu should wash his hands and face and wipe his head and feet personally, and if another person makes him perform Wudhu, or helps him in pouring water over his face, or hands, or in wiping his head, or feet, his Wudhu is void. However, there is no problem in helping in the preliminaries of Wudhu. Issue No.311- If a person cannot perform Wudhu himself, he should appoint someone to assist him. And if that person demands wages he should pay him the same provided that he can make payment. But he should make the intention of Wudhu himself, and should wipe using his own hands, and if this is not possible at all, someone else should take his hand and pull over the place of wiping, and if this is not possible either, the assistant should take some moisture from his hands and wipe his head and feet with the wetness. However, in this case, he must perform tayammum too, as an obligatory precaution. Issue No.312- One should not get any assistance in performing those acts of Wudhu, which he can perform by himself. Issue No.313- Eleventh condition: The twelfth condition is that there should be no legal objection to the use of water by the person concerned. Therefore, if he fears that water is harmful to him, or fears that if water is used for Wudhu, he will be left thirsty, he should perform tayammum. Issue No.314- If one performs Wudhu and later on, it turns out that water has

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been harmful to him, his Wudhu will be in order. Issue No.315- If one finds that using minimum quantity of water is not harmful for him, he should perform Wudhu with the same quantity, or if, for example, cold water is harmful, he should make the water warm. Issue No.316- Twelfth condition: There should be no impediment in the way of water reaching all parts of Wudhu. If the person concerned is aware that something has stuck to the limbs on which Wudhu is performed but is doubtful whether or not it prevents water from reaching the relevant places he should remove that thing or make water reach under it. Issue No.317- A little dirt under fingernails would not affect Wudhu, however, it is better to be cleaned. When the nails are cut, the dirt which prevents water from reaching the skin must be removed. Moreover, if the nails are unusually long, the dirt collected beneath it must be cleansed. Issue No.318- If swelling appears on the parts of Wudhu because of being burnt or other reason, it will be sufficient to wash and wipe over the swelling, and if there is an opening or hole in it, it will not be necessary to make water reach under the skin. However, if a part of the peeled skin sometimes hangs loose and sometimes not, water should be made to reach under it, provided that it is not harmful to it. Issue No.319- If a person doubts that there is an impediment in the parts of Wudhu and if it is a doubt which is deemed sensible by the people, he should examine it. For example, after a mason or a painter finishes plastering or painting, he doubts whether some clay or paint is stuck to his hands, he should examine it. Issue No.320- Paints which do not prevent water reaching the body will not harm the Wudhu, but if they do or if one doubts whether they prevent or not, they should be removed. Issue No.321- If rings or bracelets, etc. do not obstruct water from reaching the skin, they are not harmful for Wudhu, and one can relocate them so that water reaches beneath them. And if after Wudhu, one sees a ring or other obstructions on his hand and does not know whether at the time of performing Wudhu, it has been there or not, and if the possibility is that while performing Wudhu he did take notice of this matter, his Wudhu is in order. Issue No.322- If after having performed Wudhu, one doubts whether he has done all the acts of Wudhu or not, or whether he has observed the conditions or not, he should ignore his doubt, but if he doubts while performing Wudhu, he should perform it.

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Rules Regarding Wudhu▲
Issue No.323- If a person doubts whether his Wudhu has become void, he should treat it as valid. On the contrary, if he has had no Wudhu, and doubts whether he had performed Wudhu or not, he should assume that he has not performed it. Issue No.324- If a person is sure that he has performed Wudhu, and has also committed an act which invalidates Wudhu (e.g. urinating), but does not remember which happened first, he should perform Wudhu. Issue No.325- If a person doubts too much about the acts of Wudhu and its conditions, like, water being pure, or being obstructions in the parts of Wudhu, he should not pay any heed to such doubt, and act in the way ordinary people are acting. Issue No.326- If a person doubts after prayer, whether he had performed Wudhu or not, his prayer would be in order. As far the next prayers, he should perform Wudhu. Issue No.327- If a person doubts during prayer whether he has performed Wudhu, he should finish the prayers and perform Wudhu and repeat the prayers, as an obligatory precaution. Issue No.328- If a person suffers from an ailment owing to which his urine comes out continuously drop by drop, or he is not in a position to control his faeces, and he is sure that at some time during the prayer time, there will be a respite during which there will be a restraint, then he should perform Wudhu and offer prayer during this time, and he should perform only the obligatory acts of the prayers, and abandon Adhan and Iqamah and Qunut, if he knows time is insufficient. Issue No.329- If a person cannot control his urine or faeces for the time required for ablutions and prayers and urine or faeces comes out a number of times while he is offering prayers and in case it is not hard for him if he wishes to perform ablutions after every such instance the obligatory precaution is that he should place a container by his side and every time the urine or faeces comes out he should perform Wudhu at once and then offer the remaining part of prayers, although apparently if he offers that prayers with one Wudhu it will be sufficient. Issue No.330- If urine or faeces comes out of the body of a person successively in such a manner that it is hard for him to perform Wudhu every time de novo, one Wudhu for each prayers is sufficient. Rather he can offer two prayers like Zuhr and Asr with one Wudhu, although the precaution is that he should perform one Wudhu for each prayer.

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Issue No.331- If such persons discharge urine or faeces at their own control, they must perform Wudhu. Issue No.332- If a person suffers from an incontinence, which renders him unable to control passing the wind (gas), he should act according to the rules applicable to the persons who cannot control their urine or faeces. Issue No.333- It is necessary for a person suffering from continued incontinence to pray immediately after Wudhu, and it is not necessary to perform a fresh Wudhu for offering precautionary prayers and the forgotten Sajdah and Tashahhud, provided that he does not leave a gap between the prayer and these acts. Issue No.334- A person who cannot control the discharge of urine or faeces should use a bag or similar things to prevent other parts of body becoming dirty, and as a measure of precaution, he should wash the outlet with water. Issue No.335- If those who suffer from such an ailment can be treated easily, it is necessary for them to get the problem treated, or else it would be a matter of Ishkal (objection). Issue No.336- When a person, who cannot control his urine or faeces, recovers from the ailment, it is not necessary for him to reoffer those prayers which he offered according to his religious duty during the period of his ailment. However, if he recovers before offering prayers, he should reoffer that prayers, as an obligatory precaution.

Things for Which Wudhu Is Obligatory ▲
Issue No.337- It is obligatory to perform Wudhu for the following six things: 1- The obligatory prayers, except for Prayers on a Mayyit (fueral prayers on a dead body). 2- For the Sajdah and Tashahhud which a person forgot to perform during the prayers. 3- For the obligatory Tawaf of the holy Ka'bah. (It should be noted that the Tawafs which are a part of Hajj or Umrah are counted as obligatory Tawafs, though the Hajj or Umrah might be Mustahab). 4- If a person has made a Nadhr, or solemn pledge, or taken an oath to be with Wudhu. 5- If a person has made a Nadhr to make a part of his body touch the script of the Holy Qur'an (on the that this Nadhr is preferred from the religious point of view such as when he would like to kiss the script of the holy Qur'an out of respect). 6- For washing and making pure the holy Qur'an which has become impure, or for taking it out from a dirty place in which it has fallen, when he becomes

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obliged to touch the script of the holy Qur'an with his hand, or some other parts of his body. Issue No.338- It is haraam to touch the script of the holy Qur'an with any part of one's body, without performing Wudhu. However, there is no harm in touching the translation of the holy Qur'an, in any language, without Wudhu. Issue No.339- It is not obligatory to prevent a child or an insane person from touching the script of the holy Qur’an. However, if their touching it violates its sanctity, they should be prevented from touching it. Issue No.340- It is haraam, as an obligatory precaution, to touch the Name of Allah, without Wudhu, in whichever language it may have been written. And it is also haraam to touch, without Wudhu, the blessed names of the holy Prophet of Islam, the holy Imams and Hazrat Fatima Zahra (peace be upon them), if it violates their sanctity. Issue No.341- It is recommended that in order to be in state of purity, one should perform Wudhu, whether it is near the time of prayer or not. He can offer prayer with that Wudhu. Issue No.342- If a person believes that the time for a prayer has commenced and makes the intention of obligatory Wudhu, but realizes after performing the Wudhu that the time for the prayers has not commenced, his ablutions is in order. Issue No.343- Wudhu is Mustahab for the following purposes: (i) Reading the holy Qur'an. (ii) Prayers for a dead body (iii) Reading supplications etc. And it is also recommended for a person, who has already performed Wudhu, to perform a fresh Wudhu for offering prayers. If Wudhu is performed for the purpose of any one of the above acts, it suffices for the performance of other acts also.

Things which Invalidate Wudhu▲
Issue No.344- Wudhu becomes void on account of the following eight things: 1- Discharge of urine. 2- Discharge of faeces. 3- Discharge of gas through anus. 4- A sleep that overcomes the mind and on account of which eyes do not see and the ears do not hear. However, if the eyes do not see but the ears hear, Wudhu does not become void. 5- Things on account of which a person loses his sensibility, like intoxication, unconsciousness or insanity (as an obligatory precaution). 6- Women’s Istihaza (undue menses) which will be explained later. 7- Every state which requires Ghusl, like Janabat. 8- Touching the dead body of a human being.

Rules of Jabirah Wudhu▲

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The splint with which a wound or a fractured bone is bandaged or held tight and the medication applied to a wound is called Jabirah. Issue No.345- If there is an open wound or sore or a fractured bone on the parts on which Wudhu is performed, and there is no blood on it and the use of water is not harmful for it, one should perform Wudhu in the usual manner. Issue No.346- If there is a wound, sore, or broken bone in one’s face or hands, but pouring water on it is harmful for it, it is sufficient to wash the adjoining parts, but if passing a wet hand on it is not harmful, one should do so. But if it is harmful, it is recommended that a pure piece of cloth be placed on it and pass a wet hand on that cloth. Issue No.347- If there is a wound, or sore or fractured bone in the place of wiping, and he cannot wipe it, a pure piece of cloth should be placed on it and then he should wipe on the cloth with the moisture from Wudhu, and as an obligatory precaution, he should do tayammum too. And if it is not possible to place a piece of cloth on it, he should perform Wudhu without wiping and perform tayammum also, as an obligatory precaution. Issue No.348- If the wound, or sore, or the fractured bone is bandaged or plastered, and if undoing it is not very difficult or harmful and water is not harmful for it either, one should undo it and then perform Wudhu, or else he should wash the adjacent parts of the wound or fractured bone. The recommended precaution is that he should pass a wet hand on the Jabirah, and if the Jabirah is impure or it is not possible to draw wet hand on it, he should place a pure piece of cloth on it and draw wet hand on that cloth. Issue No.349- If the Jabirah covers completely one's face or one hand or both the hands, the person concerned should, as a precautionary measure, perform tayammum and should also perform Jabirah Wudhu and if his entire parts of Wudhu are covered by Jabirah he should perform tayammum. Issue No.350- If a person has a Jabira on the palm of his hand and fingers and he draws wet hand on it while performing Wudhu he should also perform the wiping of his head and feet with the same wetness, and if it is not sufficient, he should take wetness from other parts of Wudhu. Issue No.351- If the Jabira has covered the sides of the wound more than usual and it is not possible to remove it the person concerned should follow the rules of Jabirah and as a recommended precaution, he should also do tayammum, and if it is possible to remove the extra Jabirah, one should do so. Issue No.352- If there is no wound or fractured bone in the parts of Wudhu, but the use of water is harmful for some other reason, one should perform

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tayammum, but if it is harmful for a part of the hand and face, it would be sufficient to wash the parts surroundings the wound or fracture, and as a precaution, he should do tayammum also. Issue No.353- If something has stuck on the part of Wudhu or Ghusl, and it is not possible to remove it, or its removal involves unbearable hardship, the person concerned should follow the rules for Jabirah. That is, he should wash its surroundings and draw wet hand on it. Issue No.354- The Jabirah Ghusl is like Jabirah Wudhu. However, in such cases, if possible, one should, as an obligatory precaution, resort to Ghusl-e-Tartibi (sequential bathing). Issue No.355- If the obligation of a person is to do tayammum, and if at some of the places of tayammum he has wound, sore, or fractured bone, he should perform Jabirah tayammum according to the rules applicable to Jabirah Wudhu. Issue No.356- If a person who has to pray with Jabirah Wudhu or Jabirah Ghusl, knows that his excuse will not be removed till the end of time for prayer, he can offer prayers in the prime time. But if he hopes that his excuse will be removed before the end of prayer time, he should wait, as an obligatory precaution. Issue No.357- If it is harmful to wash the face due to eye sore, one should do tayammum, and if he can wash the surroundings of the eye and the rest of the face, it would be sufficient. Issue No.358- It is not necessary to repeat the prayers offered with Jabirah Wudhu or Ghusl, unless the excuse is removed before the end of prayer time in which case the prayer should be repeated, as an obligatory precaution.

Ghusl▲ (The Obligatory Baths (Ghusl▲
Issue No.359- There are seven obligatory baths: 1- Bath for Janabat 2- Bath for Hayz (for women only) 3- Bath for Nifas (for women only) 4- Bath for Istihaza (for women only) 5- Bath for touching a dead body 6- Bath for a dead body 7- Bath which becomes obligatory on account of a vow or an oath to perform it.

Janabat▲
Issue 360- A person enters the state of Janabat in two ways: First: sexual

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intercourse. Second: Discharge of semen, while sleeping or when awake, little or more, with lust or otherwise.

Rules Regarding Ghusl Janabat▲
Issue 361- When one cannot ascertain whether the fluid emitted from one’s body is semen, or other wetness, it will be treated as semen if it is thrown out with “sudden swiftness and “lust”. If these two signs or either of them is not present, the discharged fluid will not be treated as semen. In the case of women and illness, the fluid may not come out with sudden swiftness, but if the emission takes place at the climax of sexual lust (orgasm), it will be treated as semen. Issue No.362- It often happens that the body is slackened after semen is discharged, but this is not one of the decisive conditions and signs Janabat. Issue No.363- It is recommended that a person should urinate after the seminal discharge so that the remaining particles may come out. In case, therefore, he does not urinate and a liquid comes out of the penis after bath, and about it, it cannot be said whether it is semen or something else, it will be treated to be semen and he should perform Ghusl again. Issue No.364- If a person has sexual intercourse with a woman and the male organ enters the woman up to the point of circumcision or more, both of them enter Janabat, regardless of whether they are adults or minors and whether ejaculation takes place or not. This is in the case of a vaginal intercourse but if it is in the woman’s back passage, the obligatory precaution is to combine between Ghusl and Wudhu. Issue No.365- If a person doubts whether or not his penis penetrated up to the point of circumcision, Ghusl will not become obligatory on him. Issue No.366- If (God forbid!) a person has sexual intercourse with an animal and semen comes out of his body it is sufficient for him to perform Ghusl and if he does not ejaculate, the obligatory precaution is that he should do Ghusl and also perform Wudhu for prayer and the likes. However, in case he was with Wudhu before this act, Ghusl alone will be sufficient. Issue No.367- If movement of seminal fluid is felt, but one prevents it from emitting or for any other reasons it does not emit, or if a person doubts whether or not semen has been ejaculated, Ghusl will not be obligatory on him. Issue No.368- A person who has no water to do Ghusl is allowed to have sexual intercourse with his wife before or even after the time for daily prayers has set in which case tayammum would be sufficient for him.

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Issue No.369- If a person observes semen on his dress and knows that it is his own, he should do Ghusl, and repeat as Qadha all those prayers about which he is certain that he offered them in a state of Janabat. As for those prayers about which he has a doubt, it is not necessary to make them up.

Forbidden Acts for Those in Janabat▲
Issue No.370- The following five things are haraam for one who is in the state Janabat: 1-To touch the script of the holy Qur'an or the name of Almighty Allah and names of the prophets and Imams, as an obligatory precaution, as was mentioned in the section on Wudhu. 2- Entering Masjidul haraam or Masjidun Nabi even though it may be only passing from one gate and going out of another. 3- To stay or halt in all other Masjids (mosques). However, there is no harm if one crosses or traverses through a mosque, entering from one gate and exiting from another, or goes there to lift away something. Similarly, on the basis of obligatory precaution, a person who is in the state of Janabat must not stay in the shrines of the holy Imams either. 4-To enter a mosque with an intention of placing something in it. 5- To recite those verses of the holy Qur'an on the recitation of which performance of Sajdah becomes obligatory, but there is no objection to reciting verses (from the same Surah) other than the verse which contains an obligatory Sajdah. Issue No.371- The following four Surahs contain verses on the recitation of which performance of Sajdah becomes obligatory: 1- Surah Alif Lam as-Sajdah, 32:15 2- Surah Ha Mim Sajdah, 41:38 3- Surah an-Najm, 53:62 4- Surah al’Alaq, 96:19 Things which Are Makrooh for Junub Issue No.372- The following eight things are Makrooh (abominable) for a person who is in the state of Janabat: 1&2- To eat and drink, but if he performs Wudhu, it is not Makrooh. 3- To recite more than seven verses of the holy Qur'an, even from the surahs that have no obligatory Sajdahs. 4- To touch the cover, the margin or border of the holy Qur'an or the space between its lines, with one’s body and keeping the holy Qur'an with oneself. 5- To sleep without performing Wudhu. 6- To dye one’s hair with henna etc. 7- To apply oil or all kinds of cream on one’s body. 8- Having sexual intercourse after becoming Muhtalim ( i.e.One who has

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discharged semen during sleep).

Ghusl for Janabat▲
Issue No.373- Ghusl for Janabat is recommended, if it is done for coming out of the state of Janabat and becoming pure but it becomes obligatory for offering obligatory prayers and similar acts. However, it is not obligatory for offering prayers for a dead body or for Sajdah Shukr (prostration for thanksgiving) and obligatory Sajdahs of the holy Qur'an (when one hears a person reciting them). Although it is permissible to offer prayers for a dead body or do Sajdah Shukr and similar acts in the state of Janabat, it is better to perform Ghusl. Issue No.374- It is not necessary that one should express in words one's intention to perform an obligatory Ghusl or a recommended one. It is sufficient if one performs the bath with the intention of Qurbat (nearness) and complying with Allah’s order. Issue No.375- If a person is sure that time for prayers has set in and intends to perform an obligatory Ghusl, but comes to know after performing the bath that it has been performed before the time for prayers had set in, the Ghusl would be in order. Similarly, if he performs Ghusl with the intention of offering obligatory prayers, then it becomes clear that that the time for prayer had passed, his Ghusl would be in order.

Types and Rules of Ghusl▲
Issue No.376- Ghusl, whether obligatory or Mustahab, can be done in two ways: 1- Tartibi (Sequential) 2- Irtimasi (By submerging the whole body). Issue No.377- In Ghusl Tartibi after making a Niyyat (intention) for Ghusl, first one should wash his head and neck, and then wash the right side of the body and then the left side (as an obligatory precaution). And if one does not follow this sequence, on purpose, or on account of forgetfulness or because of not knowing the rule, he should do it again. Issue No.378- One should wash half of one’s navel and private parts with the right side of the body and the other half with the left side, and it would be better to wash all of them with both the right and the left sides. Issue No.379- In order to ensure that both the three parts of the body, i.e. head and neck, the right side and the left side of the body have been washed thoroughly one should, while washing a part, also include some portion of the other part with it. As a recommended precaution, one should wash the right side of the neck with the right side of the body and the left side of the neck with the left side of the body.

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Issue No.380- If one realises after Ghusl, that certain parts of the body have been left out, if it is on the left side, washing that part is sufficient, and if that part lies on the right side the recommended precaution is that after washing that part of the body he should wash the left side once again. And if the unwashed part is that of head and neck he should, after washing that part, wash the body once again. Issue No.381- If a person doubts after completing Ghusl whether he has washed the parts properly or not, he should not pay heed to his doubt.

(Ghusl through Immersion (Ghusl Irtimasi▲
Issue No.382- Ghusl by way of immersion is that after clearing one’s intention, the body is either instantly or gradually submerged in the water, whether in a pond, or a pool, or under a waterfall where the water surrounds the body instantly. However, immersion Ghuls is not possible under the usual showers. Issue No.383- If a part of the body is out of water and one makes the intention of immersion Ghusl and then submerges in the water, it is sufficient. However, if one’s whole body is under water and he shakes it, it would be difficult. Issue No.384- If one realises after immersion Ghusl that a part of his body has not been washed, one should do Ghusl again. Issue No.385- In immersion Ghusl one should lift the feet up so that water reaches under them. Issue No.386- If somebody does not have sufficient time for sequential Ghusl, he should perform immersion Ghusl. Issue No.387- It is an obligatory precaution that one who is fasting an obligatory fast, or has put on Ihram for Hajj or Umrah, does not do Ghusl by way of immersion, and does not submerge his head under water. However, In case, however, he performs it forgetfully, his Ghusl will be in order and it will not harm his fasting or his Ihram. Issue No.388- In sequential Ghusl, one may submerge in water three times, once with the intention of head and neck, then with the intention of the right side of the body and a third time with the intention of the left side of the body. Issue No.389- It is necessary, as an obligatory precaution, that the entire body should be pure before an immersion Ghusl, however in a sequential Ghusl it is not necessary that the entire body of a person should be clean. It would be sufficient, if each part is clean before doing Ghusl.

Rules about Ghusl▲

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Issue No.390- We said earlier that the perspiration of a person who is in a state of Janabat due to a haraam act is not impure, and such a person may perform Ghusl with warm water. However, it would be better to do it with tepid water so that he may not perspire. Issue No.391- If a part of the body remains unwashed, the Ghusl is invalid. But, it is not necessary to wash the inside of ears, nose and eyes. Issue No.392- At the time of Ghusl, one should remove any obstacles which prevent water from reaching the body, and if there is reasonable likelihood of an obstacle being on his body, he should investigate and satisfy himself that the obstacle is not there. Issue No.393- One should wash the short hairs which are taken as a part of the body. As an obligatory precaution, it is necessary to wash the long hair and the skin beneath them. Issue No.394- All the conditions for the validity of Wudhu which were mentioned earlier (like the water being pure and so on) also apply to Ghusl. However, in the case of bath it is not necessary that the body should be washed downwards from the head, and there is no harm if there is a lapse of some time between washing the parts in sequential Ghusl. However, if a person is incontinent, unable to retain urine or faeces except for such time that he could be able to offer prayers after Ghusl, he should do Ghusl consecutively and offer his prayers immediately. The same ruling applies to a Mustahaza woman. Issue No.395- If a person who uses a public bath with an intention of not making a payment to its owner or deferring the payment without knowledge of his consent, his Ghusl will be void as a measure of precaution. The same ruling applies, if he intends to give him haraam money or the money from which he has not paid Khums. Issue No.396- There is problem in the Ghusl of a person who uses water more than the usual quantity in a public bath. If he intends to get the consent of the owner by paying him extra money, there would be no objection. Issue No.397- If a person doubts whether he has done Ghusl or not, he should do it, but if after he has done Ghusl and doubts whether his Ghusl was correct or not, he should not pay heed to his doubt. Issue No.398- If one urinates or passes wind (or does an act which invalidates the Wudhu) while doing Ghusl, his Ghusl is valid but he should perform Wudhu for prayers. Issue No.399- If a person after entering the state of Janabat doubts whether or

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not he or she did Ghusl, the prayers already offered during that period would be deemed valid. But for the later prayers, such a person should do the Ghusl. Issue No.400- If a person is under obligation to perform a number of Ghusls, he can take one Ghusl with the intention of performing all of them. That is, it would be sufficient, if one performs one Ghusl with the intention of Janabat, Hayz, Mass-e-Mayyet and Friday Ghusl etc. Issue No.401- One can offer his prayers with any Ghusl and it is not necessary to perform Wudhu, whether it is Ghusl of Janabat or otherwise, obligatory or recommended. However, as a recommended precaution, one should perform Wudhu for prayers after all Ghusls except Ghusl of Janabat.

(Istihaza (Undue Menses▲
Issue No.402- One type of blood which is seen by women is called Istihaza and a woman in that state is called Mustahaza. In General, the bloods which are discharged from the uteruses of women, excluding Hayz and Nifas and the ulcer and boil, are Istihaza bloods. Issue No.403- Istihaza is often faint-coloured, cold and thin and is emitted without gush or irritation. It is, however, possible that at times it is dark or red and warm and thick and it is issued with gush and irritation. Issue No.404- Istihaza is of only two kinds: Qalila (little) and Kathira (excessive). If a woman places cotton in her private part and blood remains on the surface of the cotton wool but does not come out from the other side of the cotton wool, whether it penetrates it or not, it is Qalila. And if the blood penetrates the cotton wool and passes through it and flows, it is called Kathira.

Rules of Istihaza ▲
Issue No.405- In Qalila Istihaza, the woman should perform a separate Wudhu for each prayer, as an obligatory precaution, and it is obligatory to prevent blood from reaching other parts of the body. Although the precaution is to change the cotton or the pad, it is obligatory to do so. In Kathira Istihaza (excessive bleeding), it is obligatory to do three Ghusls, one for Fajr prayers, one for Zuhr and Asr prayers and another for Maghrib and Isha prayers. She should combine between the prayers. That is, she should offer Asr prayers immediately after Zuhr prayers and Isha prayers immediately after Maghrib prayers. The recommended precaution is that she should perform one Wudhu for each prayers before or after doing Ghusl. Issue No. 406- If a woman has performed Ghusl and Wudhu before the time for prayers has set in, she must perform Wudhu and do Ghusl again at the time of

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prayers, as an obligatory precaution. Issue No.407- If the little blood of a woman is converted into excessive blood after dawn prayers the woman should perform Ghusl for Zuhr and Asr prayers and if the blood is changed into excessive case after Zuhr and Asr prayers she should perform Ghusl for Maghrib and Isha prayers. Issue No.408- In all the cases in which doing Ghusl is obligatory on a woman, if doing Ghusl repeatedly is harmful for her, or it is causing excessive hardship for her, she may do tayammum instead of Ghusl. Issue No.409- In excessive or little Istihaza, if a woman does Ghusl before Fajr Adhan or performs Wudhu for Midnight (Tahajjud) Prayer and offers it, the obligatory precaution is to do Ghusl and perform Wudhu after the time for Fajr prayer sets in. Issue No.410- If a woman in little Istihaza offers Zuhr and Asr prayers, or Maghrib and Isha prayers separately, she should perform one Wudhu for each prayer and also for Mustahab prayers. However, one Wudhu or one Ghusl is sufficient for the whole Night prayers. It is not necessary to do Ghusl or perform Wudhu for precautionary prayers, forgotten Sajdah and Tashahhud, and sajda-al-sahu that are done immediately after the prayers. Issue No.411- After the blood of the mustahaza woman has stopped, she should perform acts relating to istihaza only for the first prayers. Issue No.412- If a woman does not know whether her Istihaza is little or excessive she should make an investigation about herself, as an obligatory precaution, and if she cannot make an investigation, she should, as a measure of precaution, follow the rules of both little and excessive Istihazas. However, if her previous condition is clear which is either little or excessive, she can keep acting according to the obligation for that kind of Istihaza. Issue No.413- If a Mustahaza woman examines herself after prayers and finds no blood, she can offer the next prayers with the same Wudhu, even if blood reappears after some time. Issue No.414- If a Mustahaza woman knows that before the time for prayers comes to an end, she will become fully pure, or the blood would stop for the time required for prayer, she should wait, as an obligatory precaution, and when she is pure, she should do Ghusl or perform Wudhu and offer the prayer. Issue No.415- A Mustahaza woman should start prayer immediately after she has done Ghusl or performed Wudhu, and there would be no objection to saying Adhan and Iqamah and the supplications before the prayers and even waiting to

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join congregational prayers and while offering prayers also she can accomplish recommended acts like Qunut etc. Issue No.416- If the blood of a Mustahaza woman continues to come and does not stop and if stoppage of blood is not harmful to her, she should prevent the blood from coming out before Ghusl and after it, and if this causes hardship for her, then it is not necessary to do so. Issue No.417- If blood does not stop at the time of Ghusl, there would be no harm in it for Ghusl whether it is Tartibi or Irtimasi. Issue No.418- The fast of a Mustahaza woman will be in order in the month of Ramadhan subject to the condition that in the night, preceding the day on which she intends to fast she does Ghusl for the prayers of Maghrib and Isha, and also does those Ghusls during day-time which are obligatory for the prayers offered during the day – as an obligatory precaution. Issue No.419- If a woman who is fasting becomes Mustahaza after she has offered her Zuhr and Asr prayers, she has no Ghusl for the fast of that day. Issue No.420- If a woman in little Isithaza finds out while offering the prayers that her bleeding has become excessive, she should abandon her prayer and do Ghusl and offer the prayers again, and if she has no time for Ghusl, she should perform tayammum and if she has no time for tayammum also, she should finish the prayers. It is, however, necessary, as an obligatory precaution, to offer the Qadha later. Issue No.421- If a woman’s excessive bleeding reduces to little, she should do Ghusl for the first prayer and perform Wudhu for the subsequent prayers. Issue No.422- If a woman who is in the state of excessive Istihaza, does her daily Ghusls, it would not be obligatory for her to do Ghusl for Tawaf, Qadha prayers, Ayat prayers and Night prayers. She should perform Wudhu only. Issue No.423- A Mustahaza woman may say Qadha prayers, however, she should perform, as an obligatory precaution, one Wudhu for each prayer. As for the daily Nawafel (extra Mustahab prayers), the Wudhu performed for the obligatory prayer is sufficient. Also one Wudhu suffices for all the night prayers on the condition that they are offered successively. Issue No.424- If the blood which is coming out of a woman’s body is not the blood of a wound or hymen and cannot also be treated legally to be the blood of hayz (menstrual discharge) or nifas (lochia) she should act according to the orders in respect of istihaza.

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Issue No.425- If a woman doubts whether the blood is of a wound or not, and her apparent condition suggests that she is healthy, the blood is treated as the blood of Istihaza, but if her condition is doubtful and she cannot decide on whether blood coming out of her body is of a wound of something else, the rules of Istihaza do not apply to it.

( Hayz [Monthly Period▲
Issue No.426- Hayz, which is sometimes called monthly period, is a kind of blood which is discharged every month from the womb often for a few days, and when a woman conceives and the embryo is formed, the blood is the food of the child. A woman in her menses is called ‘Haaez’. In the holy Shari’ah of Islam there are rules for a Haaez that will be explained in the coming issues.

Rules of Hayz▲
Issue No.427- Menses is often thick and warm and its colour is either dark or red, and it is discharged with a pressure and a little irritation. Issue No.428- The Sayyeda and non-Sayyeda women reach menopause after the age of 50 years. That is to say, if blood is discharged from them, it is not treated as Hayz, except for the women from the clan of Quraish who reach menopause after the age of 60 years. Issue No.429- Blood seen by a girl who has not yet completed nine years of age, or by a woman after she has reached menopause is not classified as Hayz, and if the blood does not come from a sore or a wound, it should be treated as Istihaza whose rules were explained before. Issue No.430- It is possible for a pregnant woman or a breast-feeding mother to become Haaez. Issue No.431- A girl who does not know whether she has completed nine years of age or not and if she sees blood which does not bear the signs of Hayz, it is not Hayz, and if it has the signs and she becomes sure that it is Hayz, this is the an indication showing that she has completed nine years and has become Baligh (adult). But if a woman doubts whether or not she has reached menopause, and sees blood which she cannot decide whether it the blood of Hayz or not, she should consider it as Hayz and assume that she has not yet reached menopause. Issue No.432- The period of Hayz is not less than 3 days and not more than 10 days and even if the blood discharged falls short of 3 days even by a small measure of time, that blood will not be considered as Hayz. Issue No.433- The first three days of should be continuous. Therefore, if blood is seen for two days and then interrupted for one day and then seen again, it

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will not be Hayz. Continuity of blood does not mean that during the three days blood should flow out continuously, rather if the blood is present within the vagina, it would be sufficient. Issue No.434- It is not necessary that a woman sees blood on the first and the fourth night, but it is essential that bleeding should not discontinue on the 2nd and the 3rd night. Issue No.435- If a woman sees blood continuously for three days and then becomes pure, if she sees blood again, and if the total number of days in which blood was seen does not exceed ten days, the days in which blood flowed will be counted as of Hayz and on the middle days during which she remained, she can act like pure women. Issue No.436- If a woman sees blood for less than three days and becomes pure, after which she sees blood for three days or more having the signs of menses which were mentioned before, the second blood only will be Hayz. Issue No.437- A woman who is suffering from bleeding and who checks her problem with a doctor and the doctor diagnoses her blood as the blood of Hayz or of wound etc., if she becomes certain about what the doctor says to her, she should act accordingly.

Rules for the Haaez▲
Issue No.438- Acts which are haraam for a woman who is in the state of Hayz are as following: 1- All acts of worship for which Wudhu or Ghusl or tayammum is necessary, such as prayers, fasting and Tawaf of Ka’bah. However, there is no harm in her performing those acts of worships for which Wudhu, Ghusl and tayammum are not obligatory e.g. offering prayers for a dead body. 2- All those acts which are forbidden to a person who is in the state of Janabat (see Issue No.370) 3- Having sexual intercourse; it is haraam for man as well as for woman. 4- Divorce in such a state is void and ineffective. Issue No.439- If a man has sexual intercourse with his wife when she is in her menses, it is recommended for him to give Kaffara, and the Kaffara in this case is gold coins weighing 3.457 grams or its equivalent value if carried out in the first one-third of the days that the wife is in Hayz and 1.729 grams if it was in the second one-third and 0.865 grams for the third (final) one-third days of the period of Hayz. Therefore, if Hayz lasts for six days, he should pay gold weighing 3.457 grams during the first two days, and gold weighing 1.729 grams for the third and fourth days (the middle days), and gold weighing 0.865 grams for the last two days, i.e. the fifth and sixth days.

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Issue No.440- If he wants to pay the price of the gold, he should calculate the price according to the current market price. Issue No.441- It is not haraam to play with one’s menstruating wife in a sexual way and he will become liable to any Kaffara also. Issue No.442- If a man has had repeated sexual intercourse with a Haaez woman, it is recommended that he should also repeat Kaffara. Issue No.443- If a man realizes during the course of sexual intercourse that the woman has become Haaez, he should immediately withdraw from her, and if he does not do so, he has committed a sin and the recommended precaution is that he should pay Kaffara. Issue No.444- If a man commits fornication with a Haaez woman or has sexual intercourse with a Haaez woman under the impression that she is his own wife, the recommended precaution in this case is that he should give Kaffara. Issue No.445- One who cannot afford to pay Kaffara, he should give Sadaqa and if he cannot afford to do so, he should seek divine forgiveness. Issue No.446- If a woman says that she is Haaez or has become pure from Hayz, unless there is suspicion about her, her statement should be accepted. Issue No.447- If a woman becomes Haaez while she is offering a prayer, her prayer becomes void, and she should discontinue it. However, if she doubts whether or not she has become Haaez, her prayer remains in order. Issue No.448- After a woman becomes pure of the blood of menses it is obligatory for her to take bath for the prayers and other acts of worship. If she has no access to water she should make tayammum. The rules for this Ghusl are the same as for the Ghusl of Janabat. The Ghusl will be sufficient for Wudhu, though the recommended precaution is to perform Wudhu also (before or after doing Ghusl). Issue No.449- After a woman has been purified of the blood of menses, the divorce given to her is in order and her husband can also have sexual intercourse with her although she may not have done Ghuls. However, the recommended precaution is that he should avoid having sexual intercourse with her before she has done Ghusl. Until she does Ghusl, other acts like staying in a Masjid and touching the writing of the Holy Qur'an which were haraam for her at the time of Hayz do not become Halal for her, as an obligatory precaution. Issue No.450- There is no Qadha for the prayers which a woman did not offer during her Hayz, but she should, however, observe the obligatory fasts missed

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by her during that period. Issue No.451- If the time for prayers sets in and a woman concerned knows, or considers it probable that if she delays offering prayers she will become Haaez, she should offer prayers immediately. Issue No.452- If a woman delays offering prayers on exact time, allowing a lapse equal to the time required for offering one prayer together with Wudhu or tayammum, and then she becomes Haaez, she will have to give Qadha for that prayer. Of Course, in calculating the “time enough to do the obligatory parts” a woman should consider her own situation. For example, one who is a traveller, the passage of time equal to performing two Rak'ats along with Wudhu or tayammum is sufficient. If a woman who is not a traveller delays her prayer of Zuhr, the precaution is to perform the Qadha if time equal to performing four Rak'ats of prayers along with Wudhu or tayammum passes away from the exact time of Zuhr and then she becomes Haaez. Issue No.453- If a woman is purified of blood when the time for prayers is nearing its end, and has at her disposal time which suffices for doing Ghusl and offering even one Rak’at of prayers, she must offer prayers and if she fails to do so she should offer its Qadha. Issue No.454- If a Haaez becomes pure from Hayz when the time for prayers is nearing its end, and finds that she does not have enough time for Ghusl, but she has time to perform tayammum and offer one Rak’at of prayer within the prescribed time and the rest out of the time, then it is not obligatory on her to offer that prayer. But if, regardless of the shortage of time, tayammum is incumbent upon her due to other reasons, like, water is harmful for her, she should perform tayammum and offer that prayer. Issue No.455- If a woman becomes pure from Hayz, but doubts whether or not there is enough time left for her to offer the prayers, she should offer the prayers. Issue No.456- It is recommended for a Haaez that when it is time to offer prayers she should purify herself of blood and change the pad and perform Wudhu (or tayammum, if she cannot perform Wudhu), sit at the place meant for prayers facing Qibla and busy herself in recital, supplication and salutations (Salawat). However, it is Makrooh for her to read the holy Qur'an, or keep it with herself, or touch the margins or the space between its lines. It is also Makrooh for her to dye her hair with “henna”.

Types of Women in Hayz▲
Issue No.457- There are six types of Haaez women:

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1- Women having the habit of time and duration: A woman who sees blood in each of the two consecutive months at a particular time and for a fixed number of days. For example, in each month blood may be seen from the 1st up to the 7th of the month. 2- Women having the habit of time: A woman who sees blood in each of the two consecutive months at a particular time but the number of days varies. For example, she sees menstrual blood for 5 days in one month and 7 days in another month. 3- Women having the habit of duration: A woman who sees blood in each of the two consecutive months for a particular number of days (e.g. 7 days) but the time of commencement is not the same. For example, in the first month, the blood is seen on the 1st of the month and in the second one the blood is seen on the 10th of the month. 4- Muztariba: A woman who has seen blood for a few months but who has not formed a habit or whose former habit has been disturbed and has not formed a new one. 5- Mubtadiya: A woman who sees blood for the first time. 6- Nasiya: A woman who has forgotten her habit. Each of the above- mentioned types has got its own specific rules that will be explained in the coming issues.

Women Having the Habit of Time and Duration -1 ▲
Issue No.458- Women who have the habit of time and duration and who see blood at a particular time for a particular duration, they become Haaez as soon as they see blood and the rules of Hayz apply to them up to the end of the period of habit, irrespective of whether the signs of the menses are there or not. Issue No.459- If a woman does not become pure during a whole month but in two consecutive months on a few particular days (e.g. from the 1st to the 7th of the month) the blood that she sees bears the signs of Hayz, she should consider those days as her habit. Issue No.460- If the blood of a woman who has the habit of time and duration is discharged a day or two earlier than the time of her habit and although that blood does not have the signs of menses she should act according to the orders narrated for Hayz women. Issue No.461- If the blood of a woman having the habit of time and number is discharged during all days of her habit and a few days before and after her habit (as is usual with some women) with the signs of menses and the total number of days does not exceed 10, all of it is menses. If it exceeds ten days, then only the blood that she has been discharged during the days of habit is counted as Hayz, and the blood which has been discharged before and after her

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habit is istihaza. Similarly, if her blood comes on all the days of her habit as well as a few days earlier than her habit or only a few days after the habit and the total number of the days does not exceed 10 all of it is menses. If it exceeds 10 days, only the days of habit will be considered as Hayz. Issue No.462- If a woman has a habit of menstrual discharge and if her blood is discharged for 3 days or more and then stops and is thereafter discharged again and the gap between the two discharges is less than 10 days, and the total number of days in which blood has been discharged does not exceeds 10 days, all of it is Hayz (but during the intermediary period in which the blood remained stopped, she is considered to be pure), and if it exceeds ten days, then the blood that was discharged in the days of habit is Hayz and the rest is Istihaza, and if neither of them was in the days of habit, then the blood which had the signs of Hayz is regarded as Hayz and the other is considered as Istihaza, and if both had the semblance of Hayz, ten days of bleeding should be regarded as Hayz and the extra following days should be taken as Istihaza. Issue No.263- If the blood of a woman who has the habit of time and duration does not come at the time of her habit but comes on other days equal to the days of her habit with signs of menses she should treat that very blood to be menses - whether it comes before the time of her habit or after it. Issue No.464- A woman who has the habit of time and duration and sees blood at the time of her habit, but the number of the days on which the blood comes is more or less than the days of her habit, and blood is discharged before or after the time of habit for the same duration as her habit, she should only consider the blood that she has seen at the time of her habit as Hayz. Issue No.465- If the blood of a woman who has the habit of time and number comes for more than 10 days the blood which comes during the days of her habit is menses, even though it does not have the signs of menses, and the blood which comes after the days of her habit is Istihaza even though it may have the signs of menses.

Women Having the Habit of Time Only -2 ▲
Issue No.466- Woman whose blood is discharged in each of the two consecutive months at a particular time and then stops for a few days but the number of days during which the blood is discharged is different in each, they should consider all of it as Hayz provided that it is not less than three days and not more than ten days. Issue No.467- A woman who does not become pure from blood, but in two consecutive months and during a particular period of time, her blood has the signs of Hayz, but the number of the days in which her blood has the signs of

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Hayz is not the same, such a woman should also consider all the days in which her blood has the signs of Hayz as Hayz. Issue No.468- A woman who discharges blood at a particular time in two consecutive months for three days or more and then becomes pure, and again she sees blood for three days or more, and the total number of days in which she has discharged blood does not exceed ten days (but the number of days in second months is either less or more than the first month), such a woman should also consider all the days in which she has discharged blood as Hayz. However, during the intermediary days in which the blood remained stopped, she should follow the rules relating to a pure woman. Issue No.469- If a woman has the habit of time and she sees blood at the time of her habit or two or three days before or after her habit in a way that she is to have delayed or brought forward the Hayz, she should follow the rules relating to menstruating women irrespective of whether that blood has the signs of Hayz or not. Issue No.470- If a woman with a fixed habit of time sees blood for more than ten days, and is unable to determine the days of Hayz through its signs, she should consider the number of the days of the habit of her kinswomen (whether paternal or maternal, living or dead) as that of her own provided that almost all of them have the same habit. However, if there is a difference in their habits, for example, some of them discharge blood for five days, others discharge blood for eight days, the obligatory precaution is to consider seven days in every month as the days of her habit.

Women Having the Habit of Duration -3 ▲
Issue No.471- Women whose duration of Hayz in two consecutive months is same but the commencing times differ. In such circumstances, they should act, in those days, according to the rules of Haaez. Issue No.472- Women who do not become pure from blood, but for a few days in two consecutive months, the blood they see bears the signs of Hayz, and the rest bears the signs of Istihaza, and the number of the days in which the blood bears the signs of Hayz is the same in two months, but its time is not the same, they should consider those days in which the blood bears the signs of Hayz as Hayz. Issue No.473- If a woman who has a fixed habit of duration sees blood for more than her habitual duration and if it exceeds ten days, and if the nature of blood remains same throughout, then she should calculate her habitual duration from the day bleeding began, and treat it as Hayz and the rest, she should treat as Istihaza. However, if a few days of it shows the signs of Hayz, then she should

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consider those days as Hayz, and if the number of days in which blood shows signs of Hayz exceeds her habitual duration, she should reduce the extra days from the end, but if the number of days in which blood shows signs of Hayz is less than her habitual duration, she should add those days to some days after it to complete her habitual duration and take it as Hayz and treat the rest of the days as Istihaza.

Mudhtaribah -4 ▲
Issue No.474- “Mudhtaribah” is meant for a woman who has seen blood for some months, but has not formed a fixed habit. If she sees blood for ten days or less, all of it is treated as Hayz, and if she sees blood for more than ten days, and if for some days the blood has the signs of Hayz and it is not less than three days or more than ten days, it should be treated as Hayz, and if all of the blood is of the same nature, she should follow the habit of her relatives, provided that the habit of all or most of them is the same. However, if their habits vary, the precaution is to consider seven days as the days of her habit.

Mubtadea -5 ▲
Issue No.475- “Mubtadea” is a woman who sees blood for the first time. If she sees blood for ten days or less, all of it is Hayz, and if she sees it for more than ten days and all the blood has common signs, she should consider the period corresponding to the habit of her kinswomen to be menses and the remaining number of days to be Istihaza. Issue No.476- If a “Mubtadea” sees blood for more than ten days, some bearing the signs of Hayz and other that of Istihaza, and if the blood with the signs of Hayz is seen for not less than three and not more than ten days, then all that blood is Hayz and the rest is Istihaza. And if it is less than three days, she should treat the blood that has the signs of Hayz as Hayz, and for the remaining days she should refer and act according to the habit of her relatives. If the blood that bears the signs of Hayz is discharged for more than ten days, she should consider the duration of the habit of her relatives as Hayz, and the rest as Istihaza.

Nasiya -6 ▲
Issue No.477- “Nasiya” is a woman who has forgotten her habit of time and duration. If she sees blood for ten days or less, all of it is Hayz, and if she sees blood for more than ten days, those days in which the blood bears the signs of Hayz should be considered as Hayz, provided that it is not less than three and more than ten days. If it is more than ten days, or the blood bears similar signs on all of the days, the obligatory precaution is to treat the first seven days as Hayz and the rest as Istihaza.

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Miscellaneous Problems Relating to Hayz▲
Issue No.478- If a Mubtadea, a Mudhtaribah, a Nasiya and a woman with the fixed habit of duration, see blood with the signs of Hayz, they must abandon worship, and if they come to know later that it was not menses they should perform qadha of the acts of worship which they did not perform. However, if the blood does not bear the signs of Hayz, they should act in accordance with the rules of Istihaza until it is proved that it is the blood of menses. However, a woman with the fixed habit of time or with the fixed habit of time and duration must abandon the obligatory worship upon seeing blood in the days of her habit. Issue No.479- If a woman who has a fixed habit of Hayz (irrespective of whether she has the habit of time or duration or of both) sees blood in two consecutive months contrary to her usual habit, her habit gets changed according to the blood discharged from her body during the two months. Issue No.480- If the blood of a woman is usually discharged once in a month but in a particular month her blood is discharged twice and that blood has the signs of menses and if the number of intervening days during which she remained pure of blood is not less than 10 she should treat both the bloods to be Hayz. Issue No.481- If a woman sees blood with the signs of Hayz for three or more days and thereafter blood comes for 10 or more days which has the signs of Istihaza, and then blood with signs of menses comes once again, she should treat all the bloods with the signs of Hayz as Hayz. Issue No.482- If a woman is purified of blood before the expiry of ten days and knows that there is no blood in her interior part she should do Ghusl for the acts of worship although she may be thinking that her blood will be discharged once again before the completion of ten days. Issue No.483- If a woman is purified of blood before 10 days and it is possible that there is blood in her interior part she should place some cotton in her private parts and wait for some time and then take it out. And if as a result of this action it transpires that she has been purified of blood she should do Ghusl and perform her acts of worship. And if she has not been purified of blood, though watery, she should follow the aforementioned rules relating to a Haaez (menstruating woman).

(Nifas (Lochia ▲
Issue No.484- From the time when the child birth takes place, the blood seen by the mother is Nifas. While in the condition of Nifas, a woman is called Nafsa. Therefore, blood which is discharged from the body of a woman before the appearance of the first limb of the child is not Nifas.

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Issue No.485- It is possible that Nifas blood may not be discharged for more than a moment, but it does not exceed 10 days.

Rules of Nifas▲
Issue No.486- The obligatory precaution in Nifas blood is that the creation of the baby should be complete. Therefore, if a clot is discharged from the womb, and she feels that if it had remained in the womb, it would have grown into a baby, the woman in this case should do the acts that a woman who is pure from blood does, and the acts that a Haaez abandons. Issue No.487- If a woman doubts whether she has aborted something or not, or whether the thing aborted would grow into a child or not, the blood which is discharged from her in this situation is not Nifas and it is not necessary for her to investigate. Issue No.488- All acts which are haraam for a Haaez are also haraam for a Nafsa and those acts which are obligatory, recommended or Makrooh for a Haaez are also obligatory, recommended or Makrooh for a Nafsa. Issue No.489- Having sexual intercourse with a woman in the state of Nifas is haraam, and if the husband has sexual intercourse, the recommended precaution is that he should give Kaffara in accordance with the instruction given for a Haaez, Divorcing a woman in the state of Nifas is also void. Issue No.490- When a woman is purified of Nifas blood she should take bath and perform acts of worship. And in case her blood is discharged again and the total number of days on which blood comes and the intervening days during which she remains pure of blood is 10 or less than 10, all of it is Nifas. And if she performed any acts of worship on the days on which she remained pure of blood, those acts of worships are in order. Issue No.491- If a woman becomes pure from Nifas, but feels that there might be blood in the interior part of her body, she should place some cotton in her private parts and then wait for some time. In case it transpires after this that she is pure of blood she should do Ghusl for her acts of worship. Issue No.492- If Nifas blood is seen by a mother for more than ten days and she has a fixed habit of duration of Hayz, then her Nifas will be equal to the duration of Hayz and the rest would be Istihaza. And if she does not have a fixed habit of Hayz, she would take ten days as those of Nifas, and treat the rest as Istihaza. Issue No.493- If the habit of Hayz of a woman is less than 10 days and blood is seen for more days than the days of her Hayz, she should treat the days equal

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to the days of her Hayz as Nifas. Thereafter, she should, as an obligatory precaution, abandon the acts of worship till the tenth day. If the blood continues to come even after 10 days, she should treat the days equal to the days of her Hayz as Nifas and the rest as Istihaza and she must perform the Qadha of the acts of worship abandoned during these few days. Issue No.494- If a woman, with a fixed habit of Hayz sees blood continuously for a month or more after giving birth to a child, the blood seen for the days equal to her Hayz habit will be Nifas, and the blood seen after that for ten days will be Istihaza. If after the lapse of ten days the bleeding coincides with the days of her monthly Hayz (irrespective of whether it bears the signs of Hayz or not), she must act according to the rules relating to a Haaez, and if it does not coincide with the days of her habit, and unless the blood has the signs of Hayz, it should be regarded as Istihaza. Issue No.495- If a woman does not have a fixed habit of duration, and if after giving birth she sees blood continuously for a month or more, the first ten days should be treated as Nifas, and the second ten days as Istihaza, and thereafter, if the blood has the signs of Hayz, it should be treated as Hayz, otherwise, it will also be Istihaza.

Touching a Dead Body ▲
Issue No.496- If a person touches the dead body of a human being which has become cold and has not yet been given Ghusl (i.e. brings any part of his own body in contact with it) he should do Ghusl, whether he touches the dead body during sleep or when awake and whether he does so voluntarily or involuntarily. So much so that even if his nail touches the nail of the dead body, he should do Ghusl.

Ghusl for Touching a Dead Body ▲
Issue No.497- If a person touches a dead body which has not become entirely cold, Ghusl will not be obligatory, even if the part touched has become cold. Also there is no Ghusl for touching the dead body after it has been given three obligatory Ghusls. Issue No.498- If a person brings his hair in contact with the body of a dead person or if his body touches the hair of a dead person, he should do Ghusl, as an obligatory precaution. Issue No.499- If a person touches a miscarried child who has completed four months old, it will be obligatory on him to do Ghusl, and if it is less than four months, the recommended precaution is to do Ghusl.

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Issue No.500- If a still-born child who has completed four months or more, its mother should do Ghusl, as an obligatory precaution. Issue No.501- A child who is born after its mother has died, the obligatory precaution is that he/she should do Ghusl on attaining the age of puberty. Issue No.502- If a minor or an insane person touches a dead body, it will be obligatory on him to do Ghusl when he attains the age of puberty, or when he becomes sane. And if a child who discerns good and bad does Ghusl, its Ghusl will be in order. Issue No.503- If a part which contains bone (e.g. a hand, or even a finger) is separated from a living person, or from a dead body which has not yet been given Ghusls, and a person touches that separated part, he has to do Ghusl for touching a dead body. However, if that part does not contain a bone, it is not obligatory to do Ghusl. Similarly, it is not obligatory to do Ghusl for touching a bone alone or a tooth which has been separated from either a living person or a dead body. Issue No.504- The method of doing Ghusl for touching the dead body is the same as of Ghusl for Janabat, and it suffices Wudhu too. The recommended precaution, is that he should perform Wudhu, if he wants to pray. Issue No.505- One Ghusl is sufficient for one who touches several corpses or touches the same corpse a number of times. Issue No.506- A person who has not done Ghusl for touching a dead body may enter a mosque or recite the Surahs of the holy Qur'an which have obligatory Sajdahs, or have sexual intercourse with his wife. However, he should do Ghusl for offering prayers or for other similar acts of worship. In other words, one who is under the obligation to do Ghusl for touching a dead body is like a person who is not with Wudhu.

A Dying Person▲
Issue No.507- “Muhtazer” is a word used (in Arabic) for a dying person.

Rules Related to a Dying Person▲
Issue No.508- A Muslim who is dying, whether a man or a woman, old or young, should, as a measure of obligatory precaution, be laid on his/her back if possible, in such a manner that the soles of his/her feet would face the Qibla (direction towards the holy Ka’bah). And if a dead body is not possible to be laid completely in the said manner, they should, as an obligatory precaution, act upon this instruction to the extent possible. If this is not possible, he/she should be seated facing the Qibla, and if this is not possible either, he/she should be laid

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on either his/her right or left side with his/her face towards the Qibla. Issue No.509- It is obligatory upon every Muslim to lay a dying person facing Qibla, and there is no need to seek the permission for it from his/her guardian. Issue No.510- It is recommended that Islamic fundamentals viz. acknowledgement of the Oneness of Allah and the Prophethood of the holy Prophet Muhammad and the acknowledgement of the twelve Imams and other principles of faith should be spoken out to a dying person in such a manner that he should understand it. It is also recommended that these things should be repeated till the time of his death. Issue No.511- It is recommended that the following supplications should be read over to a dying person in such a manner that he/she would understand: Allahummaghfir liyal kathira mim ma’asika waqbal minniyal yasira min ta’atika ya man yaqballul yasira wa ya’fu ‘anil kathir, iqbal minniyal yasira wa’fu ‘anniyal kathir.Innaka antal ‘afuwwul Ghafur. Alla hum mar hamni fa innaka Rahim. And it is better that he/she himself/herself say it too. Issue No.512- It is Mustahab to carry a person who is experiencing painfully slow death to the place where he used to offer prayers. Issue No.513- If a person is in the throes of death, it is good to recite by his side Surah Yasin, Surah as-Saffat, Surah al-Ahzab, Ayat al-Kursi. In fact it is better to recite as much out of the holy Qur'an as possible. Issue No.514- It is Makrooh to leave a dying person alone or to place a weight on his stomach, or to chatter idly or wail near him or to let only women remain with him. It is also Makrooh to be by his/her side in the state of Janabat or Hayz.

Rules to Follow After the Death▲
Issue No.515- It is Mustahab that the lips and eyes of a dead person be shut, its chins be tied, its hands and feet be straightened and to spread a cloth over it, and inform the Momineen to join the funeral, and to hasten the burial. But if, they are not sure of his/her death, they should wait till they are certain. Issue No.516- If the dead person is a pregnant woman and there is still a living child in her womb, or the child is likely to be alive, her burial should be delayed till such time that her left side is cut open and the child is taken out and then to sew her side. If there is access to experts, this should be done under their supervision. Issue No.517- Bathing and shrouding of a Muslim who is dead and offering prayers for him and burying him is obligatory for every responsible person

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even though the corpse may not be an Ithna 'Ashari Shi'ah. However, if some persons accomplish these acts, others are relieved of the responsibility. But if none discharges these obligations all those who know it shall be sinners. Issue No.518- If a person begins performing the acts relating to the dead body it is not obligatory for others to participate in them. However, if that person leaves the work half done, others must complete them. And if a person is in doubt whether someone has undertaken to fulfil the obligations to a dead body, he himself should take necessary steps. Issue No.519- If some one has given Ghusl to a dead body, shrouded it, offered prayers on it and completed the burial procedures, but we are not sure whether or not they have been done correctly, then we should assume that they been done correctly. However, if we are sure that they have been done wrongly, we should do them again. Issue No.520- Permission should be taken from the guardian of a dead body for its bathing, shrouding, performing prayers and burial. The husband takes precedence over his wife, and then those who inherit the person according to the categories that are explained in “inheritance” section of this book will have the guardianship over the dead body. And if in one category the heirs are men and women, permission should, as a precaution, be sought from both of them. Issue No.521- If someone claims that he is the appointed executor or the guardian of the dead person, or the guardian of the dead person has given him permission to carry out its final rituals and the corpse is in his possession, then all the dead person’s affairs should be carried out with his permission. Issue No.522- If a dead person appoints someone other than his guardian to carry out his final rituals, for example, if he has said that a particular person offers prayers for his dead body, it is obligatory to act accordingly, and the recommended precaution is to seek permission from his guardian too. However, it is not necessary that the person whom the dead person has appointed to carry out these jobs should accept the will, though it is better that he accepts it and if he accepts it, he must act upon it. Issue No.523- If a person knows that the guardian has the consent, though he has not expressed it openly, this is sufficient for him to carry out the duties in respect to the dead body.

Ghusl of Mayyit▲
Issue No.524- It is obligatory to give three Ghusls to a dead body. The first bathing should be with water mixed with “Sidr” (beri) leaves. The second bathing should be with water mixed with camphor and the third one should be

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with water only. Ghusl is not given to a martyr and some others as shall be explained later on.

The Method of Ghusl of Mayyit▲
Issue No.525- There is no objection if the quantity of “Sidr” leaves and camphor is so much that the water becomes mixed (Mudhaaf), but it should not be so little that it may be said that "Sidr" leaves and camphor have not been mixed in it. In case it becomes mixed (Mudhaaf), it is better that the dead body be washed with it first and later water be poured on the body so that the water would become unmixed (Mutlaq). Issue No.526- If "Sidr" leaves and camphor are not available to the extent required, then the quantity available should be mixed with water, and if they are not available at all, the dead body should be washed with water only. Issue No.527- If a person who is in the state of Ihram for Hajj or Umra dies before completing Tawaf and before sweet smell becomes Halal for him, his dead body should be washed with water in place of camphor. Issue No.528- A person who gives Ghusl to a dead body should be a Muslim, adult and sane and should know the rules of Ghusl, and as a recommended precaution, he should be Shia Ithna Ashari. Issue No.529- One who bathes the dead body should perform this act with the intention of complying with the commands of Allah. Issue No.530- Ghusl to a Muslim child, though illegitimate, is obligatory. And it is obligatory to give Ghusl to someone who has been insane since childhood and has grown up without having recovered if his parents are Muslim. Also, it is necessary to give Ghusl to the dead body of a person who had been Muslim and then became insane. Issue No.531- If a child of 4 months or more is still-born its dead body should be bathed, but if it had not yet completed 4 months, it should, as an obligatory precaution, be wrapped up in a piece of cloth and buried without Ghusl. Issue No.532- It is haraam for a man to give Ghusl to the dead body of a woman and for a woman to give Ghusl to the dead body of a man. Husband and wife can, however, give Ghusl to the body of each other, although the recommended precaution is that they should also avoid doing so, if possible. Issue No.533- A man can bathe the dead body of a girl who is less than 3 years old. Similarly a woman can bathe the dead body of a boy who is less than 3 years old.

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Issue No.534- If no man is available to give Ghusl to the dead body of a man, his kinswomen who are also his mahram (one with whom marriage is prohibited e.g. mother, sister, paternal aunt and maternal aunt) or those women who become his mahram by way of marriage or suckling can give Ghusl to his dead body. Similarly if no woman is available to give Ghusl to the dead body of a woman her kinsmen who are also her mahram or have become mahram by way of marriage or suckling can give Ghusl to her dead body which is covered with her dress. Issue No.535- If a man gives Ghusl to the dead body of a man, or a woman gives Ghusl to the dead body of a woman, it is permissible to keep the body bare, except the private parts. Issue No.536- It is haraam to look at the private parts of a corpse, but it does not make the Ghusl void. Issue No.537- If there is any Najasat on any part of the dead body, it is obligatory to first remove it before giving Ghusl. And it is recommended precaution that before the corpse is given Ghusl, it should be clean and free from all other impurities. Issue No.538- Ghusl for a dead body is similar to Ghusl of Janabat. And the precaution is that so long as sequential Ghusl is possible the dead body should not be given Ghuls by way of immersion. However, it is permissible, in the case of sequential Ghusl, to immerse each part of the three parts of the body in the water in the order described before. If someone dies in the state of Hayz or Janabat, the Ghusl given to the dead body will suffice. Issue No.539- It is not permissible to charge any fee for giving Ghusl to the dead, but there is no problem in taking wages for preliminary requirements such as doing any cleaning and similar acts. Issue No.540- If water is not available, or the body of the dead is in a state that cannot be given Ghusl, or there is some other valid excuse for abstaining from giving Ghusl to the dead body, then, the dead body should be made to perform tayammum for each Ghusl. The person who is giving tayammum should position himself in front of the dead body and strike his palms on earth and then wipe them on the face and back of the hands of the dead body.

Rules Regarding Shroud▲
Issue No.541- The body of a dead Muslim should be given shroud with three pieces of cloth: a loincloth, a shirt or tunic, and a full cover. Issue No.542- It is obligatory that the loincloth should cover the body from

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navel up to the knees, and it is better that it covers the body from the chest up to the feet. As an obligatory precaution, the shirt should be long enough to cover the entire body from the top of the shoulders up to the middle of the calf. As an obligatory precaution, the sheet’s length should be such that it may be tied at the head as well as at the feet and its breadth should be such that its one edge should overlap the other. Issue No.543- The obligation and recommended portions of shroud can be financed, to the customary extent, from the estate of the deceased, though he may have minor heirs. However, unless he has made a will, more than what it is customary should not be financed from the share of minor heirs. In this case, the extra quantity of the shroud can be taken from the 1/3 of his estate. Issue No.544- The obligatory quantity of shroud and the expenses of other obligatory things like Ghusl, Hunut and burial should be financed from the estate (his property) and it is not necessary that he should have specified it in his will, and if the deceased has no estate, it should be taken from the public treasury. Issue No.545- The shroud of a wife is the responsibility of her husband even if she owns her own wealth. Similarly, if a woman is given a revocable divorce and she dies before the expiry of her iddah (waiting period), her husband should provide her shroud. Issue No.546- If a deceased person has no property, it is not obligatory for the relatives of deceased to provide his shroud, although he may be one of those persons whose maintenance was obligatory for them during his lifetime. However, if there is no other way, the obligatory precaution is that the person who was under the obligation to provide the deceased person with maintenance should provide his shroud. Issue No.547- As an obligatory precaution the 3 pieces of cloth meant for the shroud should not be so thin as to make the body of the deceased visible. Issue No.548- Shroud must not be a usurped one, even if nothing else but the usurped shroud is available. If a usurped shroud has been used and his owner is not agreeable, it should be removed even if the body has already been buried, and this is the responsibility of the person who has done so. It is not permissible to give a shroud made of hide or skin of a dead and an impure animal or an impure thing. As an obligatory precaution, they should not give a shroud made of pure silk, or which is woven of gold, or cloth made of wool and fur of an animal whose meat is haraam to eat, except in the situation of helplessness when one is constrained to do it. Issue No.549- It is difficult to give a shroud made of the skin of animals in

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normal circumstances, even though their meat is halal to eat. However, there is no harm to give a shroud with a cloth made of wool or fur of an animal whose meat is halal to eat. However, the recommended precaution is to avoid them. Issue No.550- If the shroud becomes impure owing to an external impurity or becomes impure as a result of coming in contact with an impurity from the dead, its impure part should be washed or if the shroud is not lost totally, the impure part should be cut off, and if it is not possible to do so, the shroud should be replaced, if possible. Issue No.551- If a person who is wearing Ihram for Hajj or Umra dies, he should be given shroud like all others and there is no harm in covering his head and face.

(Rules of Hunut (Embalmment▲
Issue No.552- After having given Ghusl to a dead body it is obligatory to give Hunut, which is to apply camphor on the seven places of Sajdah (forehead, both the palms, both the knees and both the big toes of feet). The precaution is that some camphor be placed on these parts, and the camphor must be pure, Mubah and fresh, so that it should keep its usual fragrance. Issue No.553- It is a precaution that camphor should first be applied to the forehead and then to other parts, and this should be done before the body is being shrouded or while it is being shrouded, not after it. Issue No.554- It is not permissible to apply Hunut or any other sweet fragrance to a person who died in the state of Ihram for Umra and Hajj. Issue No.555- It is haraam for a woman to perfume herself if her husband has died and her iddah has not been completed but if she dies it is obligatory to embalm her. Issue No.556- As a measure of precaution, perfumes like musk, ambergris and other perfumes should not be applied to the dead body and these things should not also be mixed with camphor. Issue No.557- If camphor is not available or the quantity available is sufficient for Ghusl only, it is not necessary, as an obligatory precaution, to embalm the dead body. And in case it is in excess of the requirement for Ghusl but is not sufficient for embalming all the seven limbs, it should be applied on the forehead of the dead body first and the remainder, if any, should be applied to other parts. Issue No.558- It is Mustahab to mix a small quantity of Turbat (soil of the land around the shrine of Imam Husayn) with camphor. It is also necessary that the

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quantity of Turbatul Husayn is not such that when it is mixed with camphor the mixture may not be called camphor. Issue No.559- It is recommended that two pieces of fresh and green twigs are placed in the grave with the dead body, either inside the shroud or outside of it.

Rules of Prayer for the Dead Body ▲
Issue No.560- It is obligatory to offer prayers for the dead body of every Muslim who has attained the age of puberty and also (as an obligatory precaution) for the dead body of a child who is not less than 6 years of its age. Issue No.561- Prayers for a dead body should be offered after it has been bathed, embalmed and shrouded and if it is offered before or during the performance of these acts, it does not suffice even though it may be due to forgetfulness or on account of not knowing the rule. Issue No.562- It is not necessary for a person, who offers prayers for a dead body to perform ceremonial bath or ablutions or tayammum or that his body and dress are pure (Tahir). However, the recommended precaution is that while offering the prayer one should observe all the formalities which are observed while offering other prayers. Issue No.563- While offering prayers for a dead body one should face the Qibla It is also obligatory that the dead body is made to lie on its back in such a manner that its head is towards the right side of the person who is offering prayers and its feet should be towards his left side. Issue No.564- The place where a man is offering prayers should not be higher or lower than the place, where the dead body is kept. However, its being a little higher or lower is immaterial. The person offering prayers should not be distant from the dead body. However, if a person is offering prayers in congregation there is no harm in his being distant from the dead body if the rows are adjoining one another. Issue No.565- The person offering prayers should stand in such a way that the dead body is in front of him and there should be no curtain or wall or any other obstruction between him and the dead body. However, there is no harm if the dead body is in a coffin or in any other similar thing. Issue No.566- A person should be standing while offering prayers for a dead body and should offer it with the intention of complying with the commands of Allah and while making an intention to offer the prayers he should specify the dead body e.g. he should make his intention thus: "I am offering prayers for this dead body in compliance with the commands of Allah". And if there is no one

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who is capable of offering the prayers for the dead body while standing, then it can be offered while sitting. Issue No.567- If the deceased had made a will that a particular person should lead the prayers for him, it is obligatory to act according to his will, and it is not necessary to take permission from the guardian of the dead body. However, the recommended precaution is to take his permission. Issue No.568- It is Makrooh (abominable) to offer prayers for a dead body a number of times. Rather if a person offers the prayers many times, there would be objection in it. However, if the dead person was a learned and pious one, it is not Makrooh to do so. Issue No.569- If a dead body is buried without offering prayers for it, either intentionally o forgetfully, or on account of an excuse, or if it transpires after its burial that the prayers offered for it was void, it is obligatory that prayers is offered at the grave of the deceased observing all necessary formalities.

Method of Prayers for the Dead Body ▲
Issue No.570- There are five takbirs (saying Allahu Akbar) in the prayers offered for a dead body and it is sufficient if a person recites those five takbirs in the following order: After making intention to offer the prayers and pronouncing the first takbir he should say: Ash hadu an la ilaha illa lah wa ashhadu anna Muhammadan Rasulullah. (I bear witness that there is no god but Allah and that Muhammad is Allah’s messenger). After the second takbir he should say: Alla humma salli ‘ala Muhammadan wa aali Muhammad. (O’ Lord! Bestow peace and blessing upon Muhammad and his progeny). After the third takbir he should say: Alla hummaghfir lil mu’minina wal mu’minat. (O’ Lord! forgive all believers -- men as well as women). After the fourth takbir he should say: Alla hummaghfir li hazal mayyit. (O’ Lord! Forgive this dead body). If the dead person is a woman, he should say: Alla hummaghfir li hazihil mayyit. Thereafter he should pronounce the fifth takbir. It is, however, better that he should pronounce the following supplications after the takbirs respectively: After the first takbir: Ash hadu an la ilaha illa lah wahdahu la sharika lah.wa Ashhadu anna Muhammadan ‘abduhu wa Rasuluh, arsalahu bil haqqi bashiran wa naziran bayna yada yis sa’ah. After the second takbir: Alla humma salli ‘ala Muhammadan wa aali Muhammad, wa barik ‘ala Muhammadan wa aali Muhammad, warham Muhammadan wa aali Muhammad, ka afzali ma sallayta wa barakta wa tarah hamta ‘ala Ibrahima wa aali Ibrahim, innaka Hammidum Majid, wa salli ‘ala jami’il ambiya’wal-mursalina wash-shuhada’i was-siddiqina wa jami’i ‘ibadilla

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his-salihin. After the third takbir: Alla hummaghfir lil mu’minina wal mu’minati wal muslimina wal muslimat, al ahya’i minhum wal amwat, tabi’ baynana wa baynahum bil khayrat, innaka mujibud-da’wat, innaka ‘ala kulli shay’in Qadeer. After the fourth takbir: Alla humma inna haza ‘abduka wabnu ’abdika wabnu amatika nazal bika wa anta khayru manzulin bihi. All humma inna la na’lamu minhu illa khayra wa anta a’lamu bihi minna. Alla humma in kana mohsinan fa zid fi ihsanihi wa in kana musi’an fatajawaz anhu waghfir lahu. Alla hummaj’alhu ‘indaka fi a’la ‘illiyyin wakhluf ‘ala ahlihi fil ghabirin warhamhu bi-rahmatika ya ar hammar Rahimin. If the dead body is that of a woman he should say: Alla humma inna hazihi ‘amatuka wabnatu ’abdika wabnatu amatika nazalat bika wa anta khayru manzulin biha. All humma inna la na’lamu minha illa khayra wa anta a’lamu biha minna. Alla humma in kanat mohsinatan fa zid fi ihsaniha wa in kanat musi’atan fatajawaz anha waghfir laha. Alla hummaj’alha ‘indaka fi a’la ‘illiyyin wakhluf ‘ala ahliha fil ghabirin warhamha bi-rahmatika ya ar hammar Rahimin. Thereafter, he should pronounce the fifth takbir. Issue No.571- A person offering prayers for the dead body should recite takbirs and supplications in a sequence, so that the prayers for the dead body does not lose its form and as an obligatory precaution, he should not talk to anyone while offering the prayers. Issue No.572- It is recommended that the prayers for the dead body should be offered in congregation, and if one offers it in congregation, he should recite all the takbirs and the supplications. As it was said before, the above-mentioned supplications are Mustahab, and if someone has not learnt them by heart, he may recite them from a book.

Mustahab Acts of the Prayers for a Dead Body ▲
Issue No.573- It is recommended that a person who offers prayers for the dead body should have had Ghusl or performed Wudhu or tayammum. And the precaution is that he should perform tayammum only when it is not possible for him to do Ghusl, or Wudhu or he fears that if he goes for Ghusl or Wudhu it will not be possible for him to participate in the prayers. In addition to this, it is recommended that he should observe in the prayers for a dead body the following points with the intention of complying with the orders of God. 1- If the dead body is that of a male, the Imam or a person who is offering the prayers alone should stand at the centre of its height, that is, the middle part of the dead body, and if the dead body is that of a female, he should stand at the chest of the dead body. 2- To pray bare-footed. 3- To raise one’s hands (up to the ears) while pronouncing every takbir. 4- The distance between the person offering prayers and the dead body should be so short that, when the wind

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blows, the dress of the person offering the prayers would touch the coffin. 5- If the prayers is in congregation, the Imam should recite the takbirs and the supplications loudly and those offering the prayers with him should recite them in a low voice. 6- One who offers the prayers should earnestly and persistently pray for the dead body as well as for all the believers. 7- Before the commencement of the congregational prayers for the dead body one should say “as-salat” three times. 8- The prayers should be offered at a place where people often go for prayers for the dead body. 9- It is better not to perform prayers for dead bodies in masjids, except in Masjidul haraam. 10- If a Haaez (woman in her menses) participates in the congregational prayers for a dead person, she should stand alone and should not join the lines.

Rules about Burial of the Dead Body ▲
Issue No.574- It is obligatory to bury a dead body in the ground, so deep that its smell does not come out and the beasts of prey do not dig it out, and, if there is a danger of such beasts digging it out then the grave should be made solid with bricks, etc. Issue No.575- If it is not possible to bury a dead body in the ground, it may be kept in a vault or a coffin, instead. Issue No.576- The dead body should be laid in the grave on its right side so that the face remains towards the Qibla. Issue No.577- If a person dies on a ship and there is no fear of the decay of the dead body and there is also no hindrance in the way of its being kept on the ship it should be kept on it and buried in the earth after reaching the land. Otherwise it should be bathed, embalmed, shrouded and prayers should be offered for it, and thereafter, if possible, it should be covered and wrapped up with something firmly so that the sea animals cannot reach the dead body and then lowered into the sea. And if that is not possible, a heavy object should be tied to its feet. Furthermore, so far as possible, it should not be lowered into water at a place where the animals may eat it up at once. Issue No.578- If it is feared that an enemy may dig up the grave and exhume and cause injury to it, it should be lowered into sea, if possible, as stated in the foregoing issue. Issue No.579- The expenses of making the grave solid on the ground, if necessary and lowering the dead body into the sea can be deducted from the estate of the deceased. Issue No.580- If a non-Muslim woman dies with a dead child in her womb, and if the father is a Muslim then the woman should be laid on the grave on her left

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side with her back towards Qibla, so that the face of the child is towards Qibla. Even if it had been a soulless foetus, the same instruction should be acted upon, as an obligatory precaution. Issue No.581- As an obligatory precaution, it is not permissible to bury a Muslim in the graveyard of unbelievers or to bury an unbeliever in the graveyard of Muslims. It is also haraam to bury the dead body of a Muslim at a place which is disrespectful, like places where garbage is thrown. Issue No.582- It is not permissible to bury a dead body in a usurped place nor in a place which is dedicated for purposes other than burial (e.g. in a Masjid or religious schools). Unless a place is allocated for burial and separated from the Waqf property, it is not permissible to bury a dead body in it. Issue No.583- There is no objection to burying a dead body in the grave of another dead body provided that it does not lead to exhumation of the body of the previous dead person, and that the land is Mubah or dedicated for general purposes. Issue No.584- As an obligatory precaution, anything which is separated from the dead body, even though it is hair, nail or tooth, should be buried along with it in a manner that does not lead to opening the grave of the dead body. It is not obligatory to bury the nails or teeth cut off or extracted during lifetime but it is better to do so. Issue No.585- If a person dies in a well and it is not possible to take him out, the well should be sealed, and it should be treated as his grave. In case, the well belongs to someone else, his consent should be obtained somehow. Issue No.586- If a child dies in its mother’s womb and its remaining in the womb is dangerous for the mother, it should be brought out in the easiest possible way. Even if it becomes inevitable to cut it into pieces there is no objection in doing so. It is, however, better that if the husband of the woman is skilled in surgery, the dead body of the child should be taken out by him, and failing that, the job should be performed by a skilled woman. And if that is not available, a skilled surgeon who is the mahram (one with whom marriage cannot be contracted) of the woman should do it. And if even this is not possible, a skilled man who is not mahram (one with whom marriage can be contracted) should remove the dead child. And if even such a person is not available the dead body can be brought out by any unskilled person. Issue No.587- If a woman dies and there is a living child in her womb, it should be brought out immediately from any side that is the safest possible way by the persons pointed out in the previous issue, and the body of the mother should then be sewn up. This should be performed as far as possible under the

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supervision of a skilled person, and if there is no such a person available, the left side of the mother is cut open and the child is brought out at once.

Recommended Acts of Burial▲
Issue No.588- It is recommended to observe the following acts in the burial of a dead body with the intention of performing a desirable act. 1- The depth of the grave should be equal to the size of an average person. 2- The dead body should be buried in the nearest graveyard, except when the graveyard which is situated farther is better on some account e.g. when pious persons are buried there or people go there in large number to recite Fateha. 3- The coffin is placed on the ground a few yards away from the grave and then moved to the grave halting slowly thrice. It should be placed on the ground every time and then lifted before finally it is lowered into the grave at the 4th time. 4- If the dead body is of a male, it should be lowered into the grave from the side of its head. And in case the dead body is of a woman, it should be lowered into the grave sidewise and a cloth should be spread over the grave while lowering it. 5- The dead body should be gently taken out of the coffin and lowered into the grave gently and the prescribed supplications should be recited before and during burying the dead body. 6- The grave should have a niche, i.e. it should have been made in a way so that earth does not fall on the dead body. In this way that the lower part of the grave should be made narrower and after placing the dead body in the grave, brick should be laid on the upper part of the grave, or the bottom of the grave from the Qibla side should be expanded a little so that the dead body can be placed in it. 7- Some unbaked bricks or lumps of clay should be placed behind its back so that the dead body may not lie flat on its back. 8- After the dead body has been lowered into the niche, the ties of its shroud should be unfastened and its cheek should be placed on earth, and an earthen pillow should be done up under its head. 9- The person who lowers the dead body in the grave should be pure, bare-headed and bare-footed. Moreover, persons, other than the near relatives of the deceased, should pour the dust into the grave with the backsides of their hands and recite the following: Inna lillah wa inna ilayhi raji’un. If the dead person is a woman, her mahram and in the absence of a mahram her kinsmen should lower her into the grave. 10- Before closing the niche, someone should hold with his right hand the right shoulder of the dead body and shaking it should say thrice: Isma’ ifham ya.......here the name of the dead person and his father should be called. For example, if the name of the dead person is Muhammad and his father’s name Ali, it should be said thrice: Isma’ ifham ya Muhammad bin’Ali. And then he

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should say the following: Hal anta ‘ala ‘ahdil lazi faraqtana ‘alayhi min shahadati an la ilaha illal lahu wahdahu la sharika lah wa anna Muhammadan sallal lahu ‘alayhi wa Alihi’abduhu wa Rasuluhu wa sayyidun nabiyyina wa khatamul mursalina wa anna ‘Aliyyan Amirul mu’minina wa sayyidul wasiyyina wa imamu nif tarazallahu ta’atahu ‘alal ‘alamina wa annal Hasana wal Husayna wa ‘Aliyyabnal Husayn wa Muhammadabna ‘Aliyyin wa Ja’farabna Muhammadin wa Musabna Ja’farin wa ‘Aliyyabna Musa wa Muhammadabna ‘Aliyyin wa ‘Aliyyabna Muhammadin wal Hasanabna ‘Aliyyin wal Qa’imal hujjatal Mahdi salawatullahi ‘alayhim a’immaul mu’minina wa hujajullahi ‘ala khalqi ajma’ina wa a’immatuka a’immatu hudan bika abrar ya....... (here the names of the dead body and his father should be called) and then the following words should be said: Iza atakal malakanil muqarrabani Rasulayni min ‘indillahi tabaraka wa ta’ala wa sa’alaka ‘an Rabbika wa ‘an Nabbiyyika wa ‘an dinika wa ‘an Kitabika wa ‘an Qiblatika wa ‘an A’immatika fala takhafa wa la tahzan wa qul fi jawabi hima, Allahu Rabbi wa Muhammadun sallal lahu ‘alayhi wa Alihi nabiyyi wal Islamu dini wal Qura'nu kitabi wal Ka’batu Qiblati wa Amirul mu’minina ‘Aliyybnu Abi Talib imami wal Hasanubnu ‘Aliyyinil Mujtaba imami wal Husaynubnu ‘Aliyyi nish-shahidu bi-Karbala imami wa ‘Aliyyun Zaynul ‘Abidina imami wa Muhammadu nil Baqiru imami Ja’faru nis Sadiqi imami wa Musal Kazimu imami wa ‘Aliyyu-nir Riza imami wa Muhammadu nil Jawadu imami wa ‘Alliyu nil Hadi imami wal Hasanul ‘askari imami wal Hujjatul muntazar imami ha ula’i salawatullahi ’alayhim ajma’in A’immati wa sadati wa Qadati wa shufa-a’i bihim atawalla wa min a’daihim atabarra’u fid dunya wal akhirati thumma i’lam ya ........here the names of the dead person and his father should be called and thereafter it should be said: Annal laha tabaraka wa ta’ala ni’mar-Rabb wa anna Muhammadan sallal lahu ‘alayhi wa Alihi ni’mar Rasul wa anna ‘Aliyyabna Abi Talib wa awladahul ma’suminal A’immatal ithna ‘asharah ni’mal A’immah wa anna ma ja’a bihi Muhammadun sallal lahu ‘alayhi wa Alihi haqqun wa annal mawta haqqun wa suwala munkarin wa nakirin fil qabri haqqun wal ba’tha haqqun wan nushura haqqun wassirata haqqun wal mizana haqqun wa tatayiral kutubi haqqun wa annal jannata haqqun wan-nara haqqun wa annas sa’ata a’tiyatun la rayba fiha wa annallaha yab’athu man fil qubur. Then the following words should be said: Afahimta ya........( here the name of the dead person should be called) and thereafter the following should be said: Thabbatakallahu bil qawlith thabit wa hadakallahu ila siratim mustaqim ‘arrafallahu baynaka wa bayna awliya’ika fi mustaqarrin min rahmatih. Then the following words should be uttered: Alla humma jafil arza ‘an jambayhi was’ad biruhihi ilayka wa laqqihi minka burhana Alla humma ‘afwaka ‘afwaka. 11- The grave should be rectangular in shape and should be higher than the ground to the extent of about four fingers' breadth. A sign should be fixed on it for the purpose of identification and water should also be sprinkled on it, and then those present should place their hands on the grave and part their fingers and thrust them into earth and recite Surah al-Qadr seven times and pray for the forgiveness of the departed soul.

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12- Thereafter, recite the following supplication: Alla humma jafil arza ‘an jam bayhi wa as’id ilayka ruhahu wa laqqihi minka rizwana wa askin qabrahu min rahmatika ma tughneehi bihi ‘an rahmati man siwaka. Issue No.589- It is recommended that after the dead person has been buried the people should condole with the near ones upon death of that person. In case, however, so much time has passed since his death that condolence is likely to refresh their bereavement it is better not to condole with them. It is also recommended that food should be sent for the members of the family of the deceased for 3 days. Issue No.590- It is also recommended that a person should observe patience on the death of his near ones, especially on the death of his son, and, whenever the memory of the departed soul crosses his mind, he should say: Inna lillahi wa inna ilayhi raji’un and should recite the holy Qura'n for the sake of the departed and pray for his forgiveness. Issue No.591- It is not permitted to scratch one’s face or body and hurt himself for the death of someone. Also it is not permissible to tear one’s clothes on the death of anyone except on the death of one’s father and brother. Issue No.592- If a man who is mourning the death of his wife or son tears his clothes or if a woman mourning a dead person scratches her face causing blood to come out or pulls her hair, they should, as an obligatory precaution, set a slave free, or feed ten indigent persons, or provide them dress. Even if it does not cause blood to come out, they should follow this rule. Issue No.593- The obligatory precaution is that while weeping over the death of any person, one’s voice should not be very loud.

Wahshat Prayers▲
Issue No.594- It is recommended that that on the first night after the burial of a dead body Wahshat prayers be offered for it with the intention of performing a desirable act. The method of offering this prayers is as follows: In the first Rak’at, after reciting Surah al-Hamd, Ayatul Kursi should be recited once and in the second Rak’at, Surah al-Qadr should be recited ten times after Surah al-Hamd; and after saying the Salam the following supplication should be recited: Alla humma salli ‘ala Muhammadin wa aali Muhammad wab’ath thawabaha ila qabri .......(here the name of the dead person and his father’s name should be mentioned). Issue No.595- Wahshat prayers can be offered in the night following the burial of the dead body at any time, but it is better to offer it in the early hours of the night after ‘Isha prayers.

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Issue No.596- If the burial of a dead body is delayed owing to some reason, Wahshat prayers should be deferred till the first night of its burial.

Exhumation▲
Issue No.597- It is haraam to open the grave of a Muslim even it belongs to a child or an insane person. Exhumation means to dig up a grave in a way that the body of the dead person is seen, and if the body is not seen and digging up the grave is not considered to be disrespectful, there would be no objection in doing so. Issue No.598- There is no objection in digging up a grave if one is sure that the dead body has decayed and turned into dust. However, digging up the graves of the descendants of Imams, the martyrs, the religious scholars and the pious persons is not allowed even thought they may have been buried long ago. Issue No.599- Digging up the grave is not haraam in the following cases: 1- When the dead body has been buried in a usurped land and the owner of the land is not willing to let it remain there. Also when the shroud of the dead body or any other thing buried with it had been usurped and the owner of the thing in question is not willing to let it remain in the grave. Similarly, if anything belonging to the heirs has been buried along with the deceased and the heirs are not willing to let it remain in the grave (e.g. ring or valuable ornaments). Even if they are consenting to let it remain in the grave, but its being in the grave is regarded as lavishness, it should be brought out. However, if the dead person had made a will that, for example, a certain supplication or a ring be buried along with his dead body, in case his will does not exceed one-third and if it is not considered to be lavishness, then the grave cannot be dug up to bring those articles out. 2- When it is necessary to inspect the body of the dead person to establish a right which is more important than exhumation. 3- When the dead body of a Muslim has been buried at a place which amounts to disrespect, like, when it has been buried in the graveyard of non-Muslim or in a dunghill. 4- When it is for a legal purpose which is more important than exhumation. For example, when they want to bring out a living child from the womb of a buried woman (Obviously, the child may stay alive for a short while after the mother of its mother). 5- When it is feared that a wild beast would tear up the corpse or it will be exhumed by the enemy. 6- When a part of the body of the dead person has not been buried with it and they want to bury it. However, the obligatory precaution is to bury that part in a way that the body is not revealed. Issue No.600- When the deceased has willed that his body be buried in a certain place, but it is buried elsewhere, it is not permissible to dig up the grave to transfer the dead body to the place he had willed.

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Issue No.601- When the deceased has willed that after the burial, his grave should be dug up and his body be exhumed and transferred to a sacred place or elsewhere, acting upon this will is difficult. Issue No.602- It is not permissible to delay the burial of a dead body if it results in disrespect and desecration of it.

Rules Regarding a Martyr▲
Issue No.603- As it was said earlier, it is obligatory to give bathe and shroud the dead body of a Muslim. However, two groups are exception to this rule: The first group: “The Martyrs in the way of Allah” i.e. those who have been killed in a battlefield in a holy war for the cause of Islam while accompanying the Prophet (pbuh) or the Infallible Imam (a.s.) or his special deputy. Also those who are killed while fighting the enemies of Islam during the occultation of Imam Mahdi, the Imam of Time (may our souls be sacrificed for him), bathing, shrouding and embalmment are not obligatory, irrespective of whether those who are killed are men or women, adult or child; they should be buried with their same dresses on after offering prayers for them. Issue No.604- The said rule applies to those who have been killed in the battlefield, i.e. they have died before the Muslims reach them. However, if the Muslims reach them while they are still alive or they are moved out of the battlefield and taken to a hospital or elsewhere and then they die, although they have the reward of the martyrs, the foregoing rule does not apply to them. Issue No.605- In modern wars in which the battlefields are vast sometimes extending up to several miles, and enemy bullets and suchlike are reaching an immense distance, all of those areas where soldiers gather are considered as battlefield. However, if the enemy kills people by bombarding them away from the war fronts, the above-mentioned rules do not apply to them. Issue No.606- If for some reason a martyr’s body is found nude, it should be shrouded and buried without Ghusl. Issue No.607- The second group of people is those people whose killing has become obligatory as a retaliation or capital punishment. Thus, the Islamic Judge (Hakim Shar’) orders them to perform Ghusl of Mayyit by themselves when they are alive. They will perform three Ghusls as per the instructions mentioned earlier. Then they wear two of the three parts of the shroud, i.e. the loin cloth and the shirt or tunic. Then they embalm themselves in the same manner as a dead body is embalmed. After they are killed, the third piece is pulled over them whereupon the prayers for the dead body are offered on them and then they are buried in the same condition. It is not necessary to wash off

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the blood from their bodies or their shrouds. And it is not necessary to repeat the Ghusl even if they have made themselves impure because of fear.

Recommended Ghusls▲
Issue No.608- In Islam, recommended Ghusls are many. Some of them are listed below: 1- Ghusl-e-Jumu’ah (Friday Ghusl) is one of the most important and most emphasized of all the recommended Ghusls. It is better not to miss it, as far as possible. Its prescribed time commences after the call to dawn prayers and it is better to perform it at about noon. If, however, a person does not perform it till noon, he can perform it till dusk, as a measure of precaution, without an intention of either performing it on time or as Qadha, rather with the intention of what is due on him. And if a person does not perform his Ghusl on Friday, it is recommended that he should perform the missed Ghusl on Saturday at any time between dawn and dusk. And if a person knows that it will not be possible for him to procure water for his Ghusl on Friday, he can perform the Ghusl on Thursday with the intention of performing the Ghusl before hand. 2- Ghusl of the nights of the holy month of Ramadhan: It is recommended to do Ghusl on the 1st night of the month and all the odd nights (e.g. the 3rd, 5th, 7th and....) and from the night of 21st on, it is recommended, to perform Ghusl to the last night of the month of Ramadhan. The time of these Ghusls is the entire night, and it is better to perform the Ghusl at sunset. However, from the night of 21st to the end of the month of Ramadhan, it is better to perform it between Maghrib and Isha prayers. The precaution is to perform the Ghusls of the holy month of Ramadhan and the Ghusls that will be mentioned in the coming issues with the intention of Raja, (i.e. with a hope that it might be a desirable act). 3- Ghusl on Eid-ul Fitr day and Eid-ul Azha day: The time of this Ghusl is from dawn up to sunset. However, it is better to perform it before Eid prayers. 4- Ghusl on the night of Eid-ul Fitr: The time of this Ghusl is from the beginning of sunset to dawn, and it is better to perform in the earlier part of the night. 5- Ghusl on the 8th and 9th day of the month of Dhul-Hijj which is called the day of Tarwiyah and the day of Arafah respectively. 6- Ghusl on the 1st day of the month of Rajab, mid Rajab, 27th (the Mab’ath Day) and the last day of Rajab. 7- Ghusl on the 18th of the month of Zil-Hijj (Eid Ghadir). 8- Ghusl on the 15th of the month of Sha'ban (Birthday of the 12th Imam, May Allah hasten his reappearance), Ghusl on the 17th of Rabi’ul Awwal (Birthday of The holy Prophet, pbuh) and Ghusl on the day of Eid-e Nowruz. 9- Ghusl to a new-born child. 10- Ghusl by a woman who has perfumed herself for someone other than her husband, and Ghusl by one who slept in a state of intoxication. 11- Ghusl by a person who went to witness the hanging and saw the hanged person. However, if his eyes fell on him by chance, or helplessly, or if he had

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gone there for an urgent purpose, for example, to give evidence, Ghusl is not recommended for him. 12- Ghusl for repentance: that is when one commits a sin and repents, it is recommended for him to do Ghusl thereafter. Issue No.609- It is recommended to perform Ghusl for entry into Makkah and Madinah, Masjid-ul Haram, the Mosque of the holy Prophet (pbuh), and the shrines of the infallible Imams (a.s.). If one visits these holy places several times a day, one Ghusl would be sufficient. Also, if a person wants to go to Makkah and enter Masjidul haraam, or go to Madinah and enter the Mosque of the holy Prophet in one day, one Ghusl with the intention of all of them will suffice. It is also recommended to perform Ghusl for pilgrimage of the Infallibles (a.s.) whether from near or far. It is also recommended to perform Ghusl for making oneself fresh for prayers and before going on a journey. All of these Ghusls should be performed with the intention of Raja’, (i.e. with a hope that it might be a desirable act). Issue No.610- One cannot offer prayers with the Ghusl performed with the intention of Raja’. Rather, he should also, as a measure of precaution, perform Wudhu. However, it is permissible to offer prayers with Ghusls that are definitely recommended such as Ghusl-e-Jumu’ah (Friday Ghusl). Issue No.611- If a person wishes to perform a number of recommended Ghusls, or he is under the obligation to perform a number of obligatory Ghusls, it is sufficient if he performs Ghusl once with the intention of performing all those Ghusls.

Tayammum▲ Rules of Tayammum▲
Issue No.612- Tayammum should be performed instead of Wudhu or Ghusl in the following seven circumstances:

: First circumstance▲
When it is not possible to procure sufficient water for performing Wudhu or Ghusl. Issue No.613- If a person happens to be in a populated area, he should make his best efforts to procure water for Wudhu or Ghusl till such time that he loses all hope. And if he happens to be in a desert and it is mountainous, or if the land is uneven, or densely wooded, and it is difficult to walk, he should search for water in all the four directions for a distance covered by one or two flings of an arrow. In olden times they would use bows to fling an arrow.[2] If out of the four directions, some are even and others are uneven, one should search for

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water in the even direction to the extent of two arrow flings, and on the side which is uneven to the extent of one arrow fling. It is not necessary for a person to make search for water in the side about which he is sure that water is not available there. Issue No.614- If the time left for prayers is not short, and if he is sure or feels sure that water is available at a farther place, he should go there to procure water, provided that it does not involve extreme difficulty. And if he suspects that water is available there it is not necessary for him to go to that place Issue No.615- One can send a reliable person in search of water, and it is sufficient if one person goes on behalf of many. Issue No.616- If a person makes search for water before the time for prayers sets in, and does not find it, and stays there till the time for prayers commences, it is not necessary for him to go in search of water again, unless there has been a change in the circumstances of the place. Also if he makes search for water for one prayer, it is not necessary to make search for water for other prayers when there has not been a change in the circumstances. Issue No.617- If the time left for prayers is short and if he goes in search of water, the time for prayers passes away, or there is a danger, it is not necessary to go in search of water but if he can search a little, that will suffice. Issue No.618- If a person does not go in search of water intentionally till the time of prayers becomes short, he has committed a sin, but the prayers which he will offer with tayammum will be valid. Issue No.619- If a person is sure that he cannot get water and does not, therefore, go in search of water and offers his prayers with tayammum, but realises after prayers that if he had made an effort he would have fetched water, his prayers are void. Similarly, if a person could not get water after a search, and prayed with tayammum, and then realizes later that water was available at the place where he had searched, he should, as an obligatory precaution, do Wudhu and repeat the prayers and if the time of the prayers has elapsed, he should perform the Qadha of the prayers. Issue No.620- If a person is with Wudhu and knows that if he makes his Wudhu void, he will not be able to do Wudhu again, he should try to preserve his Wudhu for prayers, provided that doing so will not be harmful to his health or will not cause great hardship for him. Even if he suspects that he will not be able to find water for Wudhu, or if he has Wudhu before the time for prayers sets in and knows that later he will not have access to water, the obligatory precaution is

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that he should preserve his Wudhu. Issue No.621- If a person has water which is sufficient only for Wudhu or for Ghusl, and if he knows that if he spills it he will not be able to get water again, it is haraam to spill it if the time for prayers has already set in, and the obligatory precaution is that he should not throw it away even before the time for prayers set in. Also if he suspected that he would not get water, if he spilled the water, he should keep the water, as an obligatory precaution. In all these circumstances, if he spills the water, he has committed a sin but his prayers with tayammum would be in order.

: Second Circumstance▲
Issue No.622- If there is water in a well and a person on account of old age or weakness or because he does not possess the means to draw water from a well, has no access to water, he should perform tayammum. The same order would apply in case the trouble to acquire water is usually considered to be unbearable. Issue No.623- If some implements are needed for pulling water out of a well, the person concerned is obliged to procure or hire them though their price may be many times higher than the usual rate. However, if the procurement of these things entails so much expenditure that it is harmful for his condition it is not obligatory for him to procure them. Issue No.624- If a person is obliged to take a loan for procuring water, he should take a loan. However, if he knows or feels that it will not be possible for him to repay the loan, it is not obligatory for him to take a loan. Also if a person gives him some water without holding him under obligation the latter should accept it.

: Third Circumstance▲
Issue No.625- If a person fears that if he uses water he will suffer from some ailment or the illness from which he is already suffering will be prolonged, or become acute or some complications may arise in its treatment, he should perform tayammum in all these cases. However, if he can avoid the harm by using warm water, he should do Wudhu or Ghusl with warm water. It is not necessary for resorting to tayammum that a person should be certain that water is harmful to him. It is sufficient for resorting to tayammum if there is a probability of the water being harmful to him. Issue No.626- If a person has sore eye and water is harmful to him, he should, if possible, wash the parts surrounding the eye and perform Wudhu, otherwise, he should perform tayammum.

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Issue No.627- If a person performs tayammum on account of certainty or fear about water being harmful to him but realises before prayers that it is not harmful, his tayammum is void, and if he has offered prayers with it, he should offer the prayers again, as an obligatory precaution. On the contrary, if he was sure that water was not harmful to him and performed Wudhu or Ghusl, and then found out that water was harmful to him, he should perform tayammum, as an obligatory precaution, and if he has offered prayers, he should offer it again.

:Fourth Circumstance▲
Issue No.628- If a person has enough water, but fears that if he uses it for Wudhu or Ghusl, he or his children or his friends and his companions will suffer an acute thirst which may result in their illness or death, or it may cause intolerable hardship, he should perform tayammum and keep the water. Also, if a non-Muslim’s life is in danger, he should give the water to him and perform tayammum. The ruling applies to animals too. Issue No.629- If besides the pure water which a person has for drinking he has also as much impure water as is required by him for drinking, he cannot use the impure water. Instead he should leave the pure water for drinking and perform tayammum for prayers. However, there is no objection to giving the impure water to animals.

:Fifth Circumstance▲
Issue No.630- If the body or dress of a person is impure and he possesses only as much water as is likely to be exhausted, if he does Ghusl or Wudhu, he should make his body or dress pure and offer his prayers after performing tayammum. However, if he does not possess anything with which to perform tayammum he should use the water for Ghusl or for Wudhu and offer his prayers with impure body or dress.

:Sixth Circumstance▲
Issue No.631- If a person possesses such water or container which is usurped or the latter is made of gold or silver, and he has no other water or container, he should perform tayammum instead of Wudhu or Ghusl.

: Seventh Circumstance▲
Issue No.632- When the time left for offering prayers is so little that if a person does Ghusl or Wudhu he would be obliged to offer the entire prayers or a part of it after the prescribed time, he should perform tayammum. Issue No.633- If a person intentionally delays offering the prayers so much that no time is left for Ghusl or Wudhu, he commits a sin, but the prayers offered by

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him with tayammum will be valid, although the recommended precaution is that he should also offer Qadha of the prayers. Issue No.634- If a person doubts whether or not any time is left for prayers, he should perform Wudhu or Ghusl, but if he knows there is a little time left, but fears if he performs Wudhu or Ghusl, he will not have time for prayers, he should perform tayammum. Issue No.635- If a person has water but because of shortage of time he begins offering prayers with tayammum and while he is offering prayers the water possessed by him goes out of his hands, he can offer the subsequent prayers with the same tayammum. Issue No.636- If a person has only so much time that he may perform Wudhu or Ghusl and offer prayers without its recommended acts like Iqamah and Qunut, he should do so. Rather, if he does not have time even to recite the Surah (second Surah after Surah al-Hamd in prayers) he may avoid it, and offer the prayers with Wudhu.

Things on which Tayammum Is Allowed▲
Issue No.637- Tayammum can be done on earth, sand, lump of clay, or stone provided that they are pure, and there should be a little dust on them. Issue No.638- Tayammum can also be done on gypsum or lime-stone, marble, black stones and similar things. However, tayammum on jewelleries like agate and turquoise stones is void. The obligatory precaution is that tayammum should not be done on plaster or cooked lime and also on bricks and earthenware. Issue No.639- If the things which were mentioned in the previous issue are not found, he should do tayammum on dust which settles on the dress etc., and if it is not found either, he should do tayammum on mud. And if none of these things is available he should, on the basis of obligatory precaution, pray without tayammum, and later on he should repeat the prayers as Qadha and such a person is called “Faqid al-Tahorayn” i.e. one who lacks both water and earth or suchlike on which tayammum is allowed. Issue No.640- If a person does not have water, but has snow or ice, he should, if possible, melt it into water and perform Wudhu or Ghusl. Issue No.641- If a thing like straw, on which tayammum is void, is mixed with clay and sand tayammum cannot be performed on it. However, if that thing is so meagre that it may be reckoned to have become extinct in the earth or sand, tayammum on it is valid.

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Issue No.642- If a person does not have anything on which to perform tayammum he should, if possible, procure it by means of purchase etc. Issue No.643- Performing tayammum on an earthen wall is valid and the recommended precaution is that if dry earth or clay is available tayammum should not be performed on wet earth or clay. Issue No.644- The thing used for tayammum should not have been usurped, as an obligatory precaution. But if he does not know or has forgotten that it is usurped or unless he himself has usurped it, his tayammum is valid. Issue No.645- If a person is imprisoned in a usurped place, he can perform tayammum on its earth or stone and offer his prayers. Issue No.646- As it was said before, the thing on which a person is performing tayammum should if possible, have, on the basis of precaution dust which should stick to the hands, and after striking hands on it, it is recommended to shake them so that the dust may fall off. Issue No.647- It is better to avoid performing tayammum on contaminated earth, the earth of a pit, and sides of roads, or the saline earth, on which a layer of salt has not settled. If, however, a layer of salt has settled on the earth, performance of tayammum on it is void. If the earth is so contaminated that one fears that he would become sick by performing tayammum on it, one should, as an obligatory precaution, offer prayers without tayammum and offer its Qadha later.

Method of Performing Tayammum▲
Issue No.648- The following four things are mandatory regarding tayammum: (i) Intention (ii) Striking both the palms on the object on which tayammum is valid. (iii) Wiping or stroking with the palms of both the hands (as an obligatory precaution) the entire forehead and its two sides commencing from the spot where the hair of one's head grow up to the eyebrows and above the nose and the obligatory precaution is that the hands should also stroke the eyebrows. (iv) The palm of the left hand should be wiped on the entire back of the right hand and thereafter the palm of the right hand should wipe the entire back of the left hand.

Rules of Tayammum▲
Issue No.649- Tayammum whether it is in lieu of Wudhu or Ghusl is the same. However, the recommended precaution is that if tayammum is in lieu of Ghusl, one should strike the palms on the earth once more and wipe the backs of the right hand and then the left hands again.

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Issue No.650- The forehead and backs of the hands should be wiped entirely; if a person leaves out a small part of his forehead or the backs of his hands in tayammum, forgetfully or intentionally, his tayammum will be void. However, it is not necessary to be very particular; if it can be ordinarily assumed that the forehead and the backs of the hand have been wiped, it would be sufficient. Issue No.651- In order to be sure that the forehead and the backs of the hands have been wiped entirely, their surroundings should also be included slightly in the wiping, but wiping in between the fingers is not necessary. As an obligatory precaution, the forehead and the backs of the hands should be wiped downwards from above, and their acts should be performed one after the other without undue interruption. And if a person allows so much gap between them that it may not be said that he has performed tayammum, his tayammum is void. Issue No.652- It is not necessary to determine while making intention that a particular tayammum is in lieu of Ghusl or Wudhu. It is sufficient, as long as, one has the intention of complying God’s order. Even though he may have erred in determining it, it will be deemed correct, if his intention is to discharge his actual religious obligation. Issue No.653- As an obligatory precaution, the forehead, the palms and the backs of hands should be pure, However if the palms of the hands are impure and one cannot wash them, then he should perform tayammum in the same condition. Issue No.654- While performing tayammum, one should remove any obstruction which may be on the parts of tayammum and if there is a ring on his finger, it should be removed. Also, if the hair of his head falls on his forehead, it should be pushed aside, and if an obstruction is very likely to be there, he should check and make sure that it is removed. Issue No.655- If a person has a wound on his forehead or on the backs or on the palms of his hands and it is bandaged with a cloth or something else which cannot be removed or can be harmful if removed, he should wipe his hands on it. Issue No.656- If a person cannot perform tayammum himself, he should engage a deputy. And he who becomes his deputy should make him perform tayammum with his own hands, and if this is not possible, the deputy should strike his hands on a thing on which it is lawful to perform tayammum and then draw it on that person's forehead and hands. Issue No.657- If a person doubts, after he has performed tayammum, whether or not he has done it correctly, he should not pay heed to his doubt and if he doubts while performing tayammum, the obligatory precaution is that he should

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reverse and perform the part about which he entertains doubt. Issue No.658- A person whose obligation is tayammum, should not perform tayammum before the time for prayers sets in. However, if he performs tayammum for some other obligatory or recommended acts and his excuse (on account of which his religious obligation is tayammum) continues till the time for prayers sets in, he can offer his prayers with that tayammum. Issue No.659- If a person whose obligation is tayammum is sure or considers it probable that his excuse will continue till the end of the time prescribed for prayers, he can offer prayers with tayammum during the early part of the time, but if he is sure that his excuse will cease to exist by the end of the time, he should wait, as an obligatory precaution. Issue No.660- One whose obligation is to offer prayers with tayammum, can also offer Qadha of his past prayers with tayammum in that situation. However, if he is sure that his excuse will be removed soon, he should wait till then. Also, if he hopes that his excuse will be removed soon, he should, as an obligatory precaution, delay offering Qadha prayers. Issue No.661- It is permissible for a person, who cannot do Wudhu or Ghusl, to offer the recommended prayers with tayammum. He can offer even the mid-night prayers with taymmum, if he is faced with shortage of time. Issue No.662- If a person performs tayammum on account of non-availability of water or because of an excuse, his tayammum automatically becomes void as soon as water becomes available or the excuse is removed. Issue No.663- The things which invalidate Wudhu invalidate the tayammum performed instead of Wudhu also. Similarly the things which invalidate Ghusl also invalidate the tayammum performed instead of Ghusl. Issue No.664- If one has upon him several obligatory Ghusls, but he cannot do Ghusl, one tayammum performed in lieu of all of them would be sufficient. Issue No.665- If a person performs tayammum instead of Ghusl, it is not necessary for him to perform Wudhu or to perform another tayammum instead of Wudhu irrespective of whether it is Ghusl of Janabat or other Ghusls. However, the recommended precaution is that, in case of other Ghusls, he should do Wudhu and if he cannot do so, he should perform another tayammum instead of Wudhu. Issue No.666- If one performs tayammum for Ghusl and later he commits an act which makes Wudhu void, he should perform Wudhu for the subsequent prayers, and if he cannot do so, he should perform tayammum in lieu of Wudhu.

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Issue No.667- If a person whose obligation is tayammum performs tayammum for an act, he can perform all those acts which should be done with Wudhu or Ghusl, as long as his tayammum and the excuse remain. It is permissible for him to touch the script of the holy Quran, etc. even if he has performed tayammum due to shortage of prayer time. Issue No.668- There is no Qadha for the prayers which have been offered with tayammum. In a few instances it is better that a person should reoffer the prayers which he has offered with tayammum: First: When no water was available or there were obstructions for using water, and he intentionally entered the state of Janabat and offered the prayers with tayammum. Second: When a person did not go in search of water intentionally till the time for prayers became short and he offered the prayers with tayammum and realized later that if he had made a search for water he would have been able to procure it. Third: When he threw away water intentionally although he knew or thought that he would not be able to get water, and offered the prayers with tayammum.

Prayers▲ The Importance of Prayers▲
Salat (prayers) is the link between man and Allah. It is a source for attaining a state of tranquillity for the soul, cleansing of the heart, a deterrent against sins and a general uplift for the spirit of piety. Out of the religious acts prayers is of the most paramount importance. As per the narrations, if it is accepted by the Almighty Allah, other acts of worship are also accepted and, if prayers are not accepted, other acts are also not accepted. Also, according to the narrations, one who offers the five daily prayers is purified of sins in the same manner as bathing five times during day and night makes his body clean of all filth and dirt. For this reason, in the Holy Qur’an, Islamic narrations, the recommendations and sayings of the holy Prophet (p.b.u.h) and the Infallible Imams (a.s.), prayers is considered to be one of the most important acts of worship. Therefore, abandoning the prayers is considered as one of the major sins. It is befitting that one should offer prayers on time and attach great importance to it. He should avoid offering his prayers hurriedly which might cause the prayers to become void. It has been narrated that one day while the holy Prophet was present in the Mosque (i.e. Masjidun Nabi), a man entered and began offering prayers but did not perform the Ruku' (bowing) and Sajdahs (prostrations) properly. The holy Prophet said: “If this man dies and his prayers continue to be this way, he will not depart on my religion”. The soul of the prayers is the “presence of the heart” (i.e. concentration) and it is befitting that one should avoid things which causes detraction, and should understand the meaning of the

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words of the prayers and while praying he should be attentive and offer the prayers humbly and with all solemnity. He should keep in mind the Greatness of Almighty Allah with whom he communes while offering prayers and should consider himself to be very humble and insignificant before His Grandeur and Glory. It has been said about the Infallibles (a.s.) that when they were offering prayers they were absorbed in the remembrance of God so much so that they became unmindful and oblivious of their own selves. For example, an arrow was pulled out of the foot of the Commander of the Faithful Imam Ali (a.s.) while he was offering prayers but he did not become aware of it. In order for the prayers to be accepted and its virtues to be gained, in addition to the obligatory conditions, one should observe the following: Before offering prayers, one should be repentant and seek divine forgiveness, and should refrain from all sins and especially those which are an impediment in the way of acceptance of one’s prayers (e.g. jealousy, pride, backbiting, eating haraam things, drinking intoxicating beverages, non-payment of Khums and Zakat). In fact, he should refrain from all sins. Similarly, it is better not to perform acts which diminish the spiritual recompense of prayers like praying when one is drowsy or restless because of an urge to urinate, or offering prayers where there is a lot of noise or in front of scenes which detract one’s attention. On the contrary, one should perform such acts which increase the reward like wearing clean clothes, combing the hair, brushing the teeth and using perfumes and wearing an agate ring.

Obligatory Prayers▲
Issue No.669- There are six obligatory prayers: The following six prayers are obligatory: (1) Daily prayers. (2) Signs (Ayaat) prayers. (3) Prayers for a dead body. (4) Prayers for the obligatory Tawaf of the holy Ka'bah. (5) Lapsed prayers of father which are obligatory upon his eldest son. (6) Recommended prayers which become obligatory on account of vow or oath.

Obligatory Daily Prayers▲
Issue No.670- It is obligatory to perform the following five prayers during day and night: Midday (Zuhr) and Afternoon prayers (Asr) each one consisting of 4 Rak’ats. Dusk (Maghrib) prayers 3 Rak’ats, Night prayers (Isha) 4 Rak’ats and Dawn prayers (Fajr) 2 Rak’ats. However, while travelling, a traveller should reduce the prayers of 4 Rak’ats to 2 Rak’ats. God willing, the conditions under which the Rak’ats are reduced will be mentioned later. Friday Prayers Issue No.671- Friday prayers (Salat-al-Jumu’ah) consists of 2 Rak’ats which replaces Zuhr prayers on Friday. It is obligatory at the time of the presence of

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the holy Prophet (pbuh) and the Infallible Imam (a.s.) and his special deputy. However, during the major occultation (of the Imam of Time), Friday prayers is Wajib Takhyiri, which means that we have an option to offer either Jumu’ah prayers or Zuhr prayers. However, at a time when a just Islamic Government is ruling, the precaution is not to miss it.

Rules of Friday Prayers▲
The following conditions must be fulfilled for Friday prayers to become obligatory: A) The time for Friday prayers is the earliest part of Zuhr for as much time as one should be able to recite the Adhan, deliver the sermons and offer the prayers. If it is delayed very much, then the time of Friday prayers will be over, and Zuhr prayers will have to be prayed. B) The distance between the place a person is and where Friday prayers is going to be held is 2 farsakh (11 KMs) and it would be obligatory for a person who is at the end of 2 farsakh to join the prayers. C) If a person fails to attend the sermons but reaches the prayers or one Rak’at of it, his prayers would be valid but the obligatory precaution is that he should not delay participating in the prayers intentionally. D) Friday prayers should be offered in congregation. The number of persons joining Friday prayers should be at least five, including the Imam. E) The distance between the two places where Friday prayers are offered should not be less than one Farsakh (3 miles). Hence, if two Friday prayers are held while the distance between the two places is lesser, the one that precedes the other will be in order and the other will be void. F) Friday prayers is not obligatory for travellers, women, patients and those who are physically unable. However, if they participate in the Friday prayers, their prayers would be valid and the obligatory precaution is that the five main persons (i.e. the Imam and four others) should be other than them. Method of Friday Prayers G) Friday prayers consist of 2 Rak’ats like dawn prayers. It has two Qunuts, one recited before the Ruku’ in the first Rak’at and the other recited after the Ruku’ in the second Rak’at. It is recommended for the Imam to recite chapter Jumu’ah after Al-Hamd in the first Rak’at, and recite chapter Munafeqeen (Hypocrites) in the second Rak’at. Whenever, he reads one chapters he should not skip to another chapter. H) Two sermons should be delivered by the Friday prayer leader before the prayers. I) As an obligatory precaution, the sermons should be delivered after midday Adhan and if they are delivered before Adhan, the prayer leader should deliver them again. J) Each sermon should include the following: 1– Praise of Allah. 2 – Invocation of peace and blessings upon the Holy Prophet and his Household. 3– Exhorting the people to observe piety. 4– Reciting a short chapter (Surah) from the Holy Qur’an in each sermon, like, “Qul Huwallahu Ahad”, “Qul ya ayyuhal Kafirun” or “Wal-Asr”, as an obligatory precaution. 5 – And also based on obligatory precaution, seeking forgiveness for the believers as well as for himself. In the second sermon, while invoking peace and blessings upon the holy Prophet and the Infallible Imams (a.s.), their

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names should be mentioned one by one. Therefore, the first sermon consists of 5 parts and the second one consists of 6 parts. The prayer leader should recite the sermons while standing and he should sit down for a little while in between the two sermons. His voice should be loud enough to reach the audience. Furthermore, exhortation and guidance should be in a language understandable to people. K) It is befitting that the preacher is dressed in turban and cloak and that he should lean against a walking stick or similar objects, and before delivering the sermon, he should salute the audience by saying salamun alaykum to them. It is also befitting that he should explain important political, social and moral issues of Muslims and the Muslim world as well as the region to people. He should make them aware of their duties in respect to these issues. He should warn them about enemy plots and conspiracies. In short, the preacher should take the utmost benefit from the sermons in refining the people’s souls and minds and informing them of the important issues of the day, because this is one of the main goals of the two sermons. The sermons should be delivered in fluent, expressive, eloquent, effective and penetrating expressions and style so that they may have the necessary effect on the hearts and minds of the Muslims and they gain perfect benefit from this obligatory politico-religious duty. The preacher should not discuss issues which cause disunity; rather he should invite the Muslims to become united against the enemies. The obligatory precaution is that the participants in Friday prayers be in the state of ritual purity and sit with their faces towards the prayer leader. They should observe silence and listen to the sermons. However, if they engage in talking intentionally, their prayers will not become void, though they have committed a wrong act.

Times of the Five Obligatory Prayers▲ Time for Zuhr and Asr Prayers▲
Issue No.672- The time for Zuhr and Asr prayers is from the beginning of Shar’i Zuhr (i.e. when the sun starts declining at midday towards west) till sunset. The best way to find out the start of the Zuhr time is to use a Shakhis (indicator). That is, if we drive a stick or a rod into a levelled ground vertically, its shadow will fall westwards when the sun rises in the morning, and as the sun continues to rise, the shadow cast by the indicator will reduce in size. When the shadow is the shortest, it is Zuhr time, and as it begins getting longer again, and the shadow turns eastwards, it is the beginning of Zuhr and Asr prayers. However, in some cities e.g. in Mecca the shadow disappears totally sometimes because the sun shines vertically. In these regions, when the shadow reappears, it indicates the time for Zuhr and Asr prayers.[3] Issue No.673- Zuhr and Asr prayers each has its own special and common times. The special time for Zuhr begins from the beginning of Zuhr and extends till the time enough for offering Zuhr prayers. And the special time for Asr

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prayers is the time enough to offer Asr prayers before the sun sets. If a person has not offered his Zuhr prayers by this time, his Zuhr prayers has become Qadha, and he should offer Asr prayers. Between these two is the time common between Zuhr and Asr prayers. Issue No.674- If a person begins offering Asr prayers forgetfully before Zuhr prayers and during the prayers he realises that he has committed a mistake, if it is in the common time, he should revert his intention to Zuhr prayers i.e. he should intend that from now onwards till the end of the prayers, it would be Zuhr prayers, and after completing the prayers, he will offer Asr prayers. However, if it is in the special time of Zuhr prayers his prayers is void and he should start the prayers de novo with the intention of Zuhr.

Time for Maghrib and Isha Prayers▲
Issue No.675- Maghrib is the time when the sun disappears in the horizon. As a measure of precaution, one should wait till the redness that appears in the east after sunset passes over head towards west. The time for Maghrib and Isha prayers arrives at sunset and continues till midnight. Issue No.676- Maghrib and Isha prayers each has its own special and common times. The special time for Maghrib prayers is from the beginning of Maghrib till the time enough to offer three Rak’ats. If a person is a traveller and he offers, though inadvertently, the whole Isha prayers in this time, it will be void. And the special time for Isha prayers is the time enough for offering Isha prayers till midnight, and if someone delays offering Maghrib prayers till this time, first he should offer Isha prayers and then offer the Qadha of Maghrib prayers. The time between these two special times is the time common between Maghrib and Isha prayers. If a person offers Isha prayers before Maghrib prayers in this time by mistaken and takes notice of it after completing the prayers, his prayers will be valid, and he should offer Maghrib prayers thereafter. Issue No.677- The special time and common time explained in the previous issue are different for different people depending on their conditions. For example, for a traveller who is offering Zuhr and Asr or Isha prayers, the special time is the time sufficient for offering two Rak’ats and for one who is not a traveller, the special time is the time sufficient for offering four Rak’ats. Issue No.678- If a person begins Isha prayers by mistake before Maghrib prayers and realises during the prayers that he has not offered Maghrib prayers, he should turn his intention to Maghrib prayers, unless he has entered the fourth Rak’at, in which case, it is not permitted to do so, and he should continue to complete the Isha prayers and thereafter pray Maghrib.

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Issue No.679- The end of the time for Isha prayers is midnight, and as an obligatory precaution, the night should be calculated from the beginning of sunset till dawn. However, for Night prayers (extra recommended prayers of night) etc. it should be calculated from sunset till sunrise. Issue No.680- If a person intentionally does not offer Maghrib and Isha prayers till midnight, he should perform the Qadha of those prayers. However, if he has not offered the prayers due to some excuse, he should offer the prayers in question before the dawn prayers and his prayers will be Adā (i.e.in time).

Time for Fajr Prayers▲
Issue No.681- The time for Fajr Adhan is the same on moonlit nights and on the nights when the moon is not lit. The criterion is the appearance of the morning twilight in the horizon, even though it may not be visible due to the moon shining in the sky. The time for Fajr prayers begins from the true dawn and continues till sunrise. The true dawn is a whiteness which spreads out in the eastern horizon. It is better to offer Fajr prayers during the first darkness in the morning before it becomes bright.

Rules Regarding Time for Prayers▲
Issue No.682- One can start offering prayers only when he becomes certain that the time has set in or when at least one just (Adil) person gives information about the time having set in. The Adhan of a person who knows the timings and is reliable will also suffice. And if one feels sure through other means (either by a correct watch or something else) that the time has set in, that will also suffice. Issue No.683- Those who cannot be certain about the prime time for prayers when there are general hindrances like clouds or dust or being in prison cell or due to blindness, they can offer the prayers when they feel certain that the time has set in. Issue No.684- If a person is satisfied on the basis of any one of the methods mentioned above that the time for prayers has set in and he begins offering prayers, but realizes during the performance of the prayers that the time has not yet set in, his prayers is void. Also if he realises after the prayers that he has offered the entire prayers before time, he should say the prayers again. However, if he realises, during or after the prayers, that the time had entered, his prayers will be in order. Issue No.685- If a person is negligent or unmindful of the fact that he should commence offering prayers after he is certain that the time for it has set in, and if he realizes after the prayers that he has offered the entire prayers in

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time his prayers is in order. And if he realizes that he has offered his entire prayers or part of it before, his prayers is void. Issue No.686- If a person doubts after he has offered prayers whether or not he has offered his prayers in time, his prayers is in order provided that at the start of prayers he has not unmindful of the time. If a person begins offering prayers and doubts while offering prayers whether or not the time for it has set in, his prayers is void and he should reoffer it after the time has set in. Issue No.687- If the time for offering prayers is so short that if one performs some recommended acts of the prayers (e.g. Qunut and Iqamah) a part of the prayers will be performed after the prescribed time, he should not perform those recommended acts. Issue No.688- If the time at the disposal of a person is sufficient for performing one Rak’at only, he should offer the prayers with the intention of Ada (in time). However, it is haraam to delay offering the prayers to such an extent. Therefore, if a person has at his disposal time for offering five Rak’ats till sunset he should offer both Zuhr and Asr prayers as Ada. He should also act in the same way with other prayers. Issue No.689- It is highly recommended that a person should offer prayers in the early part of the time prescribed for it, and great stress has been laid on it, and the nearer the prayers is to the early part of the prescribed time the better it is. Issue No.690- If a person has an excuse and is sure that his excuse will cease to exist by the end of the prescribed time, it is obligatory that he should wait, but if he is sure that his excuse will continue till the end of the prescribed time, it is not obligatory to wait. However, if he thinks that his excuse will likely be removed, the obligatory precaution is that he should wait, except for tayammum in which case he can offer prayers in the early part of the time. Issue No.691- If a person doe not know the rule about prayers, e.g. rules regarding "doubts" and "errors" etc. and it is probable that one of such problems will arise during his prayers he should postpone the prayers from the early part of the prescribed time in order to learn the relevant rules. However, if he is satisfied that be can offer prayers correctly he can engage himself in prayers during the early part of the prescribed time. Issue No.692- If a person was praying and a problem arose and the rules relating to it were not known to him, he would be allowed to act on one of the two probabilities with the intention of Raja (Qurbat, in the hope of being accepted by Allah). However, after offering the prayers he should enquire about the problem so that if his prayers has been void he should offer it again

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(the precaution is that he should take the side which is more likely to be correct). Issue No.693- If a person sees that the Masjid is impure, it is better that he should purify the moque first and then offer prayers. Similarly if his creditor demands repayment of his loan from him, he should repay the loan first, if possible, and then offer prayers. If prayers and its preliminaries take a lot of time, it is obligatory that he should first purify the mosque and repay his loan and then offer prayers. And if he offers his prayers first he commits a sin but his prayers is in order. However, in case the time left for prayers is short, he should offer prayers first. Issue No.694- It is recommended that a person should offer the five daily prayers at their respective prescribed times. That is to say, each prayers should be offered at its special time of significance (fazilat). It is not sufficient to observe as much a gap of time after the prayers as required for a recommended prayer or a recommended supplication. The criterion, therefore, is only the time of significance. Issue No.695- The preferable time or the time of the significance of Zuhr prayers is from the commencement of the time of Zuhr prayers up to the time when the shadow of the indicator which appears after midday equals its length. The time of the significance of Asr prayers starts from the time when the shadow of the indicator equals its length till the moment when the shadow of the indicator doubles its length. The time of the significance of Maghrib is from sunset till the disappearance of the redness which usually appears in the West after the sunset. The time of the significance of Isha prayers is from the time when the said redness disappears till completion of one-third of the night. The time of the significance of Morning prayers is from the time when the whiteness rises from the east and continues till it becomes bright.

Sequence in the Prayers▲
Issue No.696- Zuhr and Asr prayers should be offered in sequence. That is, one should always offer Asr prayers after the Zuhr prayers. Similarly, Maghrib prayers should be offered before Isha prayers, and if Asr is offered intentionally before Zuhr, or Isha is offered before Maghrib prayers, the prayers will be void. Issue No.697- If a person engages himself in prayers with the intention of the Zuhr prayers, and during the prayers he recollects that he has already offered Zuhr prayers, he is not allowed to turn the intention to the Asr prayers. His prayers is void in this case, and the same rule applies to Maghrib and Isha prayers. However, if he makes intention for offering Asr prayers and during the prayers he recollects that he has not offered Zuhr prayers, he can change the

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intention to the Zuhr prayers. Similarly if one has started offering Isha prayers and during the prayers he recollects that he has not offered Maghrib prayers, in case he has done the Ruku’ of the fourth Rak’at, he is allowed to change the intention to Maghrib prayers, but if it is after the fourth Ruku'’, he should complete the prayers with the intention of Isha and thereafter he should offer the Maghrib prayers. As a measure of precaution he should also reoffer the Isha prayers. Issue No.698- If, while offering the Asr prayers, a person doubts whether or not he has offered the Zuhr prayers, he should follow the rules explained in the previous issue, i.e. he should turn the intention to the Zuhr prayers and thereafter offer his Asr prayers. Likewise, if, while offering Isha prayers, one doubts whether he has offered the Maghrib prayers or not, he should act as per the previous rule. Issue No.699- It is not permissible to change intention from Qadha to Ada (i.e. prayers which is offered within the prescribed time), nor from recommended to obligatory prayers. However, it is permissible to change one’s intention from Ada to Qadha. And if Qadha prayers is the Qadha of the prayers missed on the same day, the obligatory precaution is to change the intention from Ada to Qadha, and thereafter he should offer the Ada prayers. Of course, this is only where there is the possibility of changing the intention. For example, he can change his intention from Zuhr prayers to Qadha of dawn prayers only when he has not entered the third Rak’at of the Zuhr prayers.

Recommended Prayers▲
Issue No.700- There are many recommended prayers which are generally called Nafilah, but more stress has been laid on the daily recommended prayers. Issue No.701- The daily recommended prayers are as under: It is as follows: 8 Rak’ats for Zuhr prayers, 8 Rak’ats for Asr prayers, 4 Rak’ats for Maghrib prayers, 2 Rak’ats for Isha prayers (offered in sitting posture), 11 Rak’ats for midnight prayers and 2 Rak’ats for Fajr prayers. Since Isha Nafilah is offered in sitting posture, its two Rak’ats are counted as one. The total number of the Rak’ats of these recommended prayers is 34, but on Fridays the number of the Rak’ats of these recommended prayers is 38 because 4 Rak’ats are added to the Nafilah of Zuhr and Asr. (All the recommended prayers are offered in 2 Rak’ats). Issue No.702- Out of the 11 Rak’ats of the night Nafilah 8 Rak’ats should be offered with the intention of the night Nafilah, 2 Rak’ats with the intention of Shaf'a prayers, and 1 Rak’at with the intention of Witr prayers.

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Issue No.703- Night Nafilah is one of the most important recommended prayers on which the Holy Qur’an and the Islamic narration have laid great emphasis. It has a deep effect on people’s hearts and minds making them pure, educating them and solving their problems. Certain disciplines have been mentioned in famous supplication books for these recommended prayers especially for the Qunut of Witr. These disciplines are good to observe yet one can offer the night Nafilah without observing them. He can offer those prayers in the same way as one offers his daily prayers. He who cannot, for some reasons, get up late at night and offer these prayers, may offer them before going to bed. Issue No.704- All Nafilah prayers can be offered in sitting posture, but the recommended precaution in this case is that 2 Rak’ats of Nafila prayers offered in the sitting posture are reckoned to be equal to 1 Rak’at. For example, if a person wishes to offer Zuhr Nafila which consists of 8 Rak’ats, in a sitting posture, he should offer 16 Rak’ats. Issue No.705- Zuhr Nafilah and Asr Nafilah should not be offered when one is on a journey, and the precaution is not to offer Isha Nafilah either. However, other daily Nafilah prayers such as Dawn Nafilah, Maghrib Nafilah and Night Nafilah are not dropped when one is on a journey. Issue No.706- As it was said earlier, the Nafilah prayers should be offered in two Rak’ats, except for Witr which consists of one Rak’at. And if one wishes to offer Witr prayers while sitting he should offer two prayers of 1 unit each in the sitting posture.

The Timings of Daily Nafilah Prayers▲
Issue No.707- The Zuhr Nafilah is offered before Zuhr prayers. Its time is from the commencement of the time of Zuhr, up to the time when the shadow of indicator equals 2/7th of its length. For example, if an indicator is 7 spans long, and the shadow which appears after midday becomes more than 2 spans long, it is the last moment for the offering of Zuhr Nafilah. Issue No.708- The Asr Nafilah is offered before Asr prayers, and its time is till the moment when the shadow of an indicator which appears after midday reaches the stage of 4/7th of its length as it was explained in the previous issue. Issue No.709- The time for Maghrib Nafilah is from the completion of Maghrib prayers till the disappearance of the redness which appears in the sky in the west after sunset. Issue No.710- The time for Isha Nafilah is from the completion of Isha prayers till midnight, and it is better to offer it immediately after Isha prayers.

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Issue No.711- The time for Fajr Nafilah is before Fajr prayers, from dawn till the appearance of redness in the east. It can be offered immediately after the night prayers. Issue No.712- The time for Night Nafilah is from midnight till the call for Fajr prayers, as a measure of precaution, and it is better to offer it during Sahar i.e. the last 1/3rd of the night.

Ghufayla Prayers▲
Issue No.713- One of the prayers, which is good to offer in the hope of gaining Allah’s reward, is Ghufayla prayers which is offered between Maghrib and Isha prayers. Its time is after Maghrib prayers till the disappearance of redness from the west after sunset. In its first Rak’at after Surah al-Hamd, instead of any other Surah, the following verses should be recited: Wa zan-nuni iz zahaba mughaziban fadhanna an lan naqdira ‘alayhi fanada fiz-zulumati an la ilaha illa anta subhanaka inni kuntu minazzalimin fastajabna lahu wa najjaynahu minal ghammi wa kazalika nunjil mu’minin. In the second Rak’at after Surah al-Hamd, instead of other Surah, the following verses should be recited: Wa ‘indahu mafatihul ghaybi la ya’lamuha illa huwa wa ya’lamu ma fil barri wal bahri wa ma tasqutu min waraqatin illa ya’lamuha wa la habbatin fi zulumatil arz wa la ratbin wa la yabisin illa fi kitabim mubin. And in its Qunut this Du'a should be recited: Alla huma inni as aluka bi mafatihil ghaybil lati la ya ‘lamuha illa anta an tusalliya ‘ala Muhammadin wa ali Muhammad wa an taf ’ala bi............. (here one should mention his wishes). Thereafter, the following Du'a should be recited: Alla humma anta waliyyu ni’mati, wal qadiru ‘ala talibati ta’lamu hajati fa as aluka bihaqqi Muhammadin wa Ali Muhammadin ‘alayhi wa ‘alay himussalamu lamma qazaytaha li.

Rules of Qibla ▲
Issue No.714- One should offer all obligatory prayers facing the Qibla. Issue No.715- The holy Ka’bah, which is situated in Makkah, is the Qibla of the entire Muslims of the world and wherever one might be he should offer his prayers facing it. However, if a person is away from it and stands in such a manner that people say that he is offering his prayers facing the Qibla, it is sufficient. Therefore, the entire lines of congregational prayers whose length is more than that of the Ka’bah can be towards the Qibla. Issue No.716- It is not necessary that, while standing for prayers, one’s toes be facing the Qibla nor is it necessary for the knees in the sitting posture to be facing the Qibla. Insofar as one is said to be standing or sitting towards the

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Qibla, it would be sufficient. Issue No.717- If a person cannot offer prayers in the sitting posture, he should lie on the right hand side in such a manner that the front part of the body would face the Qibla. And if that is not possible either, he should lie on the left hand side in such a manner that the front part of his body would face the Qibla. And if even that is not possible, he should lie on his back in such a manner, that the soles of his feet should face the Qibla. Issue No.718- Precautionary prayers, forgotten Sajdah and forgotten Tashahhud should be offered facing the Qibla, and on the basis of obligatory precaution, Sajdatus Sahv should also be offered facing the Qibla. Issue No.719- A recommended prayers can be offered while one is walking, or riding, and if a person offers recommended prayers in these two conditions, it is not necessary that he should be facing the Qibla. Issue No.720- There are many ways for determining the direction of Qibla: First he should make efforts to locate the direction of Qibla so that he may become sure about the direction of the Qibla. Also, he can act upon the sayings of two just persons, or one reliable person who gives evidence on the basis of sensory signs, or act upon the statement of a person who knows the direction of Qibla by way of reliable scientific rule. If that is not possible, he should form an idea from the altar (Mehrab) of the Masjid or from the graves of the Muslims, or by other ways and means, and act accordingly. Issue No.721- The ordinary Qibla compasses, if in order, are among the good devices for determining Qibla. The likelihood of them telling the right direction is not less than any other devices. In fact, they are often more precise. Issue No.722- One can rely on the statement of the landlord or of the person in charge of a guesthouse or a hotel etc., if they are not carefree. Issue No.723- If a person does not possess any means of determining the direction of Qibla, and he cannot form an idea about it, it will be sufficient for him to offer his prayers facing any direction. However, the recommended precaution is that, he should offer the same prayers 4 times, each time facing every one of the four directions. And if he is sure or guesses that Qibla could be on three or two of the four directions, he should offer his prayers facing those directions only. Issue No.724- If a person has to offer prayers facing a few directions, and wants to offer two prayers like Zuhr prayers and Asr prayers or Maghrib prayers and Isha prayers, it is better that he should the first prayers facing those few directions, and then commence the second prayers.

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Issue No.725- Animals should also be slaughtered in the direction of Qibla. And if a person wishes to slaughter an animal but he is not certain about the direction of Qibla, he should act according to the opinion formed by him about the direction of Qibla and if he fails to form any opinion about it he may slaughter the animal facing any direction. Also, the same procedure should be followed with respect to the burial of the dead body of a Muslim who should be laid to rest facing the Qibla.

Covering the Body in Prayers▲
Issue No.726- While offering prayers, a man should cover his private parts even if no one is looking at him, and it is better that he should cover his body from his navel up to his knees. And much better than that is to wear a complete dress, one worn usually in front of respected people. Issue No.727- A woman should cover her entire body while offering prayers, including her head and hair. It is not necessary for her to cover that part of her face which is washed while performing Wudhu, or the hands up to the wrists, or the feet up to the ankles. Nevertheless, in order to ensure that she has covered the obligatory parts of her body adequately, she should also, as a measure of precaution, cover a part of the sides of her face as well as a part of her wrists and ankles. Issue No.728- When a person offers precautionary prayers and the forgotten lapsed Sajdah or Tashahhud, he should cover himself in the same manner as in prayers. Rather, the obligatory precaution is that he should also cover himself at the time of offering Sajdatus Sahv and the obligatory Sajdahs of the holy Qur’an. Issue No.729- While offering prayers, it is necessary for women to cover their artificial hair (wigs) and their ornaments, like bracelets and necklaces etc. Issue No.730- If a person realises while offering prayers that his private parts are visible, he must immediately cover them, provided that he does not do anything that would change the form of the prayers, and in case, covering the body takes much time, he should, as an obligatory precaution, cover himself and finish the prayers and then offer the prayers again. Issue No.731- If he learns after the completion of prayers that his private parts were visible, his prayers would be deemed valid. Issue No.732- One is allowed to cover himself at the time of offering prayers with grass and the leaves of the trees, but as a recommended precaution, these should be used only when no other thing is available.

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Issue No.733- When one has nothing to cover his private parts, he may, while offering prayers, use mud to conceal his private parts. Issue No.734- If a person is nude and does not have anything with which to cover himself while offering prayers, and if it is probable that he may get some such thing, the precaution is to delay offering the prayers. However, if he does not get anything, and if there are people who may see him, then he should offer his prayers in sitting posture and conceal his private parts in this manner. And if there are no people seeing him, he should offer prayers in standing posture, and he should, as an obligatory precaution, cover his private parts with his hand, and perform Ruku'’ and Sujood by means of signs and for Sujood, he should lower his head a little more.

Conditions for Dress Worn during Prayers▲
Issue No.735- There are six conditions for the dress of a person who offers prayers: 1- It should be pure. 2- It should not be usurped, as an obligatory precaution. 3It should not be made of the parts of a dead body. 4- It should not be made of carcass, whose meat is haraam. 5 & 6- If a person who offers prayers is a male, his dress must not be made of pure silk or must not be embroidered with gold. The details of these will follow later.

Cleanness - 1 ▲
Issue No.736- If a person intentionally prays with impure body or dress, his prayers would be void, even if it may be because of not knowing the rule on account of his fault. Issue No.737- If a person does not know that his body or his dress is impure and he comes to know about it after having offered the prayers, his prayers is in order. However, if a person forgets that his body or dress is impure and recollects this thing while offering prayers, or after having performed the prayers, he should offer the prayers again and if the time prescribed for that prayers has passed he should offer its Qadha. Issue No.738- If a person has ample time at his disposal and he is busy offering prayers and his body or dress becomes impure during the prayers and before he recites any of the prayers with that impurity he takes notice of the fact that he has become impure, or realizes that his body or dress is impure, doubts whether it has become impure at that time, or was impure from an earlier moment, and if washing the body or dress or changing the dress or taking it off does not nullify the prayers he should wash his body or dress, while offering prayers, or change the dress and continue the prayers. However, if that is not possible, he should break that prayers and should offer prayers de novo with

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pure body and dress. This is only in the case when he has enough time, otherwise he should offer his prayers in the same state and his prayers would be in order. Issue No.739- If a person realises after prayers that his body or his dress was impure, his prayers are in order irrespective of whether he learns about the impurity within the time of the prayers or after it. Issue No.740- If a person washes his dress and becomes sure that it has become pure and offers prayers with it but learns after the prayers that it had not become pure his prayers is in order. However, he should purify his dress for the next prayers. Issue No.741- If a person sees blood on his dress and is certain that it is less than a dirham, or it is the blood of a wound or a sore which is allowed in prayers, and prays with it but he learns later that the blood is more than a dirham or it is not the blood of a wound or sore, his prayers are in order. Issue No.742- If a person forgets that a particular thing is impure, and his wet body or dress touches that thing and he offers prayers in the state of forgetfulness, recollects this thing after the prayers, his prayers is in order. However, if his wet body touches something about whose being impure he has forgotten and he takes bath and offers prayers without having washed himself his bath and prayers are void. Issue No.743- If a person possesses only one dress and if his body and dress both are impure, and he has water with which only one of them can be washed (i.e. body or dress), the obligatory precaution is to make the body pure and offer prayers with the impure dress. However, if the impurity of the dress is more than that of the body (for example, the impurity is from urine that should be washed with under-Kurr water twice, and the impurity of the body is from blood which can be washed once), the obligatory precaution is that he should wash the dress and offer the prayers with impure body. Issue No.744- A person who does not have any dress other than an impure one, and it is not probable that he would get a pure dress by the end of the prayer time, should offer prayers with that impure dress. Issue No.745- If a person has two sets of dresses, and knows that one of them is impure, but does not know which one, he is not allowed to offer prayers with either of them, and he should make both of them pure, and if he is not able to do so, he should offer two separate prayers with each one of them.

.Should not be usurped - 2 ▲

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Issue No.746- The dress that a person uses for offering prayers, as an obligatory precaution, should be Mubah (permissible), and if he offers prayers having usurped clothes on intentionally, even if a piece of thread or a button of it is usurped, he should offer the prayers again. However, if he did not know that it was usurped, and offered prayers with it, his prayers would be in order. Similarly, if he knew that it was usurped but then he forgot about it being usurped, and offered prayers with it, his prayers would be in order, provided that he himself is not the usurper. If he himself had usurped something and then forgot that he had usurped it and offered prayers with it, the obligatory precaution in this case, is to reoffer the prayers. Issue No.747- If a person realises, during prayers, that his dress is a usurped one, and he has something else on his body to cover his private parts, he should take off the usurped dress and continue offering the prayers, and if he does not have anything on his body to cover his private parts, he should break the prayers and offer it with a dress which is not usurped. Issue No.748- If a person offers prayers with a usurped dress to safeguard his life or, for example, to save the dress from being stolen by a thief, etc., his prayers are in order. Issue No.749- If a person purchases a dress with the money whose Khums or Zakat has not been paid by him, there would be problem in his prayers with that dress. Similarly, if he buys a dress on credit, and at the time of the deal, his intention is to pay the seller from the money whose Khums or Zakat has not been paid, or his intention is not to pay back his debt at all, there would be problem in his prayers.

.Should not be made of the parts of a dead body - 3 ▲
Issue No.750 - The dress with which a person offers prayers should not be made of the parts of the dead body of an animal whose blood gushes when killed. And the obligatory precaution is that even if the dress has been prepared with the parts of the dead body of an animal whose blood does not gush (for example fish or snake), it should not be used while offering prayers. Issue No.751- A person who offers prayers should not have with him parts of a carcass, even if it is not in dress form. However, there is no objection to having parts like hair and wool which are not counted as the living parts. For example, one can pray with a dress made of hair and wool of a carcass whose meat is halal. Issue No.752- One can offer prayers with a leather dress which has been purchased from Muslim markets, although he may doubt whether or not it has been made of the skin of an animal that has been slaughtered according to

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Islamic rules. However, if he is sure that the leather has been imported from non-Islamic countries and the seller is a carefree individual who has not investigated about it, it is not permissible to offer prayers with it, but if he does not know whether the leather has been imported from a Muslim country or a non-Muslim country, there would be no problem in it.

Should not be from animal whose meat is haraam - 4 ▲
Issue No.753- The dress of a person who offers prayers should not have been prepared with the parts of the body of an animal whose meat is haraam to eat. Hence, if he carries even one hair of such an animal while offering prayers, his prayers would be void. Issue No.754- If the water of the mouth or nose or other wetness of an animal, whose meat is haraam to eat (e.g. cat) is present on the body or dress of a person, who offers prayers, and it is wet, his prayers is void, and if it has become dry and its original part has been eliminated, the prayers is valid. Issue No.755- If hair and sweat and saliva of another person are on the body or the dress of a person who offers prayers, there is no harm in it. Issue No.756- If a person who is praying has with him pearls or wax, there would be no problem in his prayers. However, it is difficult to offer prayers with a button made of the shell of an animal whose meat is haraam to eat. Issue No.757- If the person, who offers prayers, doubts whether a dress has been prepared with the parts (wool, fur or hair) of an animal whose meat is halal to eat, or with the parts of the animal, whose meat is haraam to eat, it is permissible to offer prayers with it, whether it has been prepared within the country or abroad. Issue No.758- These days, artificial leather products are made of plastic materials and the like of such things. There is no problem in offering prayers in them, and if one doubts whether a leather product is made of artificial leather or natural (real) leather, or from the hide of an animal whose meat is haraam to eat or from the hide of a dead animal, there would be no problem in the prayers offered in that leather. Issue No.759- One should not, as an obligatory precaution, offer prayers with fur or the hide of a squirrel.

Should not be embroidered with gold - 5 ▲
Issue No.760- The use of a dress embroidered with gold is haraam for men, and to pray in such a dress will make the prayers void. However, there is no objection to women wearing it, as long as it is not considered to be

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extravagant. Issue No.761- It is haraam for men to wear gold, like gold ring, or wrist watch made of gold, or other similar things made of gold, and the prayers offered by them while wearing these things will be void. As an obligatory precaution, using spectacles made of gold should also be avoided. But women are allowed to wear these things in prayers or otherwise. Issue No.762- Unless a man is in the state of helplessness, there would be objection to him wearing golden teeth as ornaments in the front, in prayers or otherwise.

Should not be made of pure silk - 6 ▲
Issue No.763- The dress of a man offering prayers and even his cap and the trousers' thread should not be made of pure silk or else, it will make his prayers void. Even the lining of his dress should not be made of pure silk. But women are allowed to wear silk dresses in and out of prayers. Issue No.764- If a man does not know whether a dress is made of pure silk or something else, it is permissible for him to wear it and there is also no harm in offering prayers while wearing it. Issue No.765- It is not haraam if a silken handkerchief, or anything similar is in the pocket of a man; it does not invalidate the prayers. Issue No.766- There is no objection to wearing a dress made of a mixture of silk and other things. However, if the material with which silk has been mixed is so little that it is of no account, it is not permissible for men to wear it. Issue No.767- There is no harm in wearing a dress which is usurped or is made of pure silk or carcass or is woven with gold when one has no other alternative. And if a person is obliged to wear one of these dresses, he can offer prayers with such dresses. Issue No.768- If one has no other dress but an impure dress, or a dress made of gold, or silk, or a dress made of carcass or of an animal whose meat is haraam to eat, he should offer prayers with that dress. However, if he does not have any dress other than a dress which has been usurped, and can offer prayers without a dress on, he should offer prayers in accordance with the rules prescribed for the naked. Issue No.769- If a person does not have a dress with which prayer is permissible, it is obligatory for him to procure such a thing on hire or to purchase it, if possible. If someone presents or lends him a dress, and its acceptance does not entail any hardship or obligation, he should accept it.

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Issue No.770- As an obligatory precaution, one should avoid wearing ‘fame dress’ which means a dress involving hypocrisy and pretence, a dress whose cloth or colour or sewing is not befitting for the person and with which he pretends to be a pious person or a hermit. However, if one’s real intention is to wear simple dresses and there is no pretence or hypocrisy involved, then not only is it allowed but it is also considered to be an appropriate act. In case a person offers his prayers with a fame dress, his prayers would not be void. Issue No.771- There is problem in wearing a dress which entails disgrace and degradation for a person or becomes a source of corruption. Issue No.772- As a measure of precaution, men should not wear women’s dress and women should not wear men’s dress. However, there is no problem in praying in that dress. Issue No.773- The quilt or mattress of a person who should offer prayers in lying posture (when naked) should not, as an obligatory precaution, be ritually impure or made of pure silk and suchlike except in emergency cases. ▲ Issue No.774- In the following six cases, the prayers offered by a person will be valid, even if his body or dress be impure: 1- If his body or dress is stained with the blood discharged from a wound or a sore on his body. 2- If his body or dress is stained with blood spread over a space lesser than a dirham (which is almost equal to the upper joint of the forefinger). 3- If his small clothes like socks and scalp cap are impure. 4- A ritually impure object carried by the person offering prayers. 5- A woman’s dress who is nursing a child. Rules of these will be explained in details later. 6 If he has no alternative but to offer prayers with impure body or dress. Issue No.775- First: If there is blood of wound or sore on the body or dress of a person who offers prayers, and the condition is such that in such a condition it is hard for most of the people to wash their bodies or dresses or to change their dresses, he may offer prayers with that blood so long as the wound or sore does not heal up. And the same rule applies if there is on his body or dress pus which has come out with blood, or a medicine which has been applied to the wound and has become impure. However, if the wound heals up soon and can be washed easily, then it should be washed and made pure. Issue No.776- If a place on the body or dress of a person which is at a distance from a wound becomes impure owing to the fluid of the wound, it should be washed and made pure, except for places to which normally blood spreads. Issue No.777- If one can easily dress or bandage a wound to stop blood from

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spreading to other parts of body or dress, he should do so. Issue No.778- If one’s body or dress is stained with blood from internal piles or from a wound which is within one’s mouth or nose and whose blood spreads to his body or dress, he should not, as an obligatory precaution, offer prayers with it. Issue No.779- If a person has a wound on his body, and he sees blood on his body or his clothes and does not know whether the blood is from the wound or it is some other blood, there is problem in offering prayers with it. Issue No.780- If a person has a few wounds on his body and they are so near one another that they may be treated to be one wound there is no harm in his offering prayers with their blood so long as they do not heal up. However, if the distance between them is so much that each one of them is to be reckoned to be one wound one should wash one's body and dress of the blood of each one of them for the purpose of prayers as and when it heals up. Issue No.781- Second: If the blood on the dress of a person is less than a dirham, it is permissible to pray in it (dress) provided that the blood is not of Hayz or Nifas, or Istihaza and of a dog, a pig, a carcass or an animal whose meat is haraam and also the blood of a Kafir (an infidel), as an obligatory precaution. Issue No.782- If blood is found at several parts of the dress, and their total area is less than that of a dirham, the prayers are valid and there would be no harm in it. However, if the blood is on the body, it should, as an obligatory precaution, be washed and made pure, no matter what the amount of the blood may be. Issue No.783- If blood falls on a dress which has a lining, and reaches it, each of them is reckoned to be a separate blood. However, the two sides of the fabric are considered as one, provided that blood from one side reaches the other side and that the fabric is not very thick. Issue No.784- If blood which is less than a dirham is removed from the dress without washing, its place is impure, but there would be no problem in offering prayers with it. Issue No.785- If the area of the blood, present on the body or dress of a person, is less than that of a dirham, and another impurity reaches it e.g. if a drop of urine falls on it, it is not permissible to offer prayers with it. Issue No.786- Third: If small articles of dress of a person offering prayers (e.g. his socks or cap) with which his private parts cannot be covered, are impure,

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the prayers offered with them will be in order. And there is also no problem in offering prayers with an impure ring or spectacles. Issue No.787- Fourth: If there is an impure handkerchief or dress with which one’s private parts can be covered in one’s pocket while praying, the prayer is in order. Also, if there are any other impure articles in one’s pocket, the prayers with them would be in order. However, the recommended precaution is to avoid them during prayers. Issue No.788- Fifth: If a nanny, who is not able to procure easily pure dresses for prayers, washes her dress once in 24 hours, she can pray with it even if her dress becomes impure with the child’s urine. However, she should, as a measure of precaution, wash her dress for the first prayers which she offers. Issue No.789- If a nanny can stop the child’s impurity from spreading to other areas by using nappies (diapers) etc. she should do so. And if she has several dresses, she should change her dress and wear a pure one during prayers.

Recommended Things▲
Issue No.790- A number of things are recommended for the dress of a person who offers prayers. Some of these are stated here: Wearing a white dress; and the cleanest of dresses, use of perfume and wearing an agate ring.

Abominable Things▲
Issue No.791- Certain items are Makrooh for the dress of one who prays: To wear a black dress (except for the dress worn on mourning occasions or veil or cloak or turbans of Sayids); to wear a dirty or tight dress, or the dress of one who does not avoid impurities especially a drunkard; to keep the buttons undone; to put on a dress which has images printed or drawn on it; to wear a ring which has human or animal images engraved on it.

Place Where Prayers should Be Offered▲
Issue No.792- The place where one can offer his prayers should bear the following conditions: 1 – It should be Mubah (permissible). 2 – It should be steady. 3 – One should be able to offer prayers there. 4 – Women should stand behind men. 5 – The place of Sajdah should not be higher than the place on which one stands or sits. First: The place on which a person offers his prayers should, as an obligatory precaution, be Mubah (permissible). Therefore, if a person is offing prayers on a usurped property or a usurped cot, there will be problem in his prayers. Prayers offered at a place, whose profit belongs to some one else is void unless, permission is taken from the person who is entitled to take the profit. For example if a house has been leased out and the owner of the house or

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anyone else offers prayers in that house without the permission of the tenant, there will be problem in his prayers. And if a person made a will before his death that one-third of his property should be used in a particular manner, prayers cannot be offered in that property if the will has not been executed. Issue No.793- If a person is occupying a place in a Masjid and another person usurps his place and offers prayers there, he should repeat his prayers, as an obligatory precaution. Issue No.794- If a person offers prayers at a place about which he does not know that it is a usurped one, and learns after offering the prayers that the place where he offered prayers was a usurped one, his prayers is in order. Likewise, if a person forgets that a place is a usurped one and offers prayers on it, and recollects it after offering prayers his prayers is in order. However, if a person has usurped a place himself but forgets it, and offers prayers there, his prayers is void. Issue No.795- If a person knows that a certain place is a usurped one but does not know that the prayers offered on a usurped place is void, and offers prayers there, he should repeat his prayers as an obligatory precaution. Issue No.796- If a person is obliged to offer obligatory prayers while riding, and if the animal of his riding or its saddle is a usurped one, and he is not obliged to offer prayers on the same saddle or animal, there will be problem in his prayers. And the same rule applies if he wishes to offer recommended prayers while riding that animal. Issue No.797- If a person owns a property in partnership with another person, and his share is not defined, he cannot use that property to offer prayers without the consent of his partner. Issue No.798- If a person purchases a property with the sum of money from which Khums has not been paid by him, his use of that property is haraam, and the prayers which he offers in it are void. And the same rule applies if he purchases a property on credit, and his intention at the time of purchase, is to pay for it from the property whose Khums or Zakat has not been paid. The obligatory precaution in this case is to avoid using that property. Issue No.799- If the owner of a property gives consent with his words to another person for offering prayers on it, but the latter knows that he is not agreeable to this from his heart offering prayers on his property is not valid. And if he does not give permission (formally) but the person concerned is sure that he is agreeable to his offering prayers on his property the prayers offered by him on it is in order.

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Issue No.800- Possession of the property of a dead person, who has not paid Zakat or Khums, is haraam, and offering prayers on it is void. However, if the persons concerned pay these debts, there is no harm in possessing his property and in offering prayers on it. Issue No.801- There is no objection to using and praying in a property which belongs to a dead person, who is indebted to people, with the permission of the heirs, if it does not amount to violation of the creditors’ rights. Issue No.802- If some of the dead person’s heirs are either minor, or insane, or absent, possession of that property without the permission of the guardian of those heirs is haraam, and the prayers offered on it is impermissible. However, there is no problem in minor and common uses of a dead person’s property. Issue No.803- There is no harm in offering prayers in a hotel or in a public bathhouse or other similar places which are meant travellers and clients. However, prayers can be offered in places other than such places, if their owner accords permission or says something which indicates that he has given permission for offering prayers there. For example, if he invites someone for lunch or dinner or to stay and sleep in his property from which it can be understood that he has given him permission for offering prayers as well. Issue No.804- There is no problem in offering prayers, staying, and sleeping in, and minor uses of vast expanse of agricultural and non-agricultural lands which have no walls around them and are not under cultivation, whether they are located near cities and villages or far from them, or whether their owners are minors or adults. However, if their owners explicitly express their discontent or we come to know that they are not agreeable from their hearts, then it is haraam to use and there will be problem also in offering prayers there. Issue No.805- Second: If the place on which a person offers prayers is in motion in such a way that he cannot perform the acts of prayers in a normal way, his prayers is void. Therefore, there is no harm in praying in ships, and trains, etc. as long as one can perform the acts of prayers correctly. If a person is obliged, on account of shortage of time for prayers or for some other reason, to offer prayers on ships or cars, etc., he should, as far as possible, try to ensure that he remains still and his face is towards Qibla and in case these vehicles constantly deviate from the direction of Qibla, he should turn his face towards Qibla, and while turning to the direction of Qibla, he should not recite anything. Issue No.806- It is all right to perform prayers on a heap of wheat or barley or any other similar things which are not so stationary, provided that one can perform the obligatory parts of prayers.

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Issue No.807- In places where one is not sure that he can finish his prayers due to the possibility of strong wind, rain, or a teeming crowd and other similar things, if he starts his prayers in the hope of being able to finish it and does not face any obstacles, his prayers are in order. Issue No.808- Where it is haraam to stay, e.g. under a roof which is about to collapse, or at a place where there is the danger of landslide or flood, he should not offer prayers there, and if he offers his prayers there, he should, as an obligatory precaution, repeat his prayers. Also, it is not permissible to offer prayers on an object upon which it is haraam to step or sit, like a carpet upon which the name of Allah is written. Issue No.809- Third: One should pray in a place where he is able to perform the obligatory parts of the prayers. Therefore, the ceiling of the place where one prays should not be so low that one may not be able to stand erect, nor should the place be so small that there may be no room for performing Ruku'’ and Sajdah, or else, the prayers offered in such places will be void. Issue No.810- It is befitting that as a matter of courtesy one should not offer prayers ahead of the graves of the holy Prophet and the holy Imams. If it entails irreverence, it is haraam and there would be problem in the prayers, otherwise, it is not void. Issue No.811- Fourth: Women should stand behind men while praying, and their place of Sajdah should be a little behind men, otherwise, the prayers will be void. This rule applies to both Mahram and non-Mahram with no difference between them. However, if there is a wall or a curtain or other similar things between men and women, or, if the distance between them is ten cubits (about 5 metres), then there would be no problem in the prayers. Issue No.812- If a woman stands in line with a man, or in front of him, and both of them begin prayers together, their prayers will be void. However, if one of them starts earlier than the other, his /her prayer is in order, while the prayer of the second one is void. Issue No.813- Fifth: The place where a person places his forehead while in Sajdah, should not be higher than the place where he stands so that his Sajdah does not lose its form. As an obligatory precaution, the place should not be higher or lower than a span of four fingers. Issue No.814- There is problem in the presence of a non-mahram man and woman at a place where none else is present, and none can also arrive, and the obligatory precaution is to avoid such a place and there is also problem in the prayers offered there. Similarly, there is problem in offering prayers at a place where there is a sinful gathering in which people drink wine, or gamble, or

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engage in backbiting. Issue No.815- The obligatory precaution is that obligatory prayers should not be offered in the Holy Ka’bah. However, there is no problem in offering recommended prayers in the Ka’bah. In fact, it is recommended that two Rak’ats should be offered before every corner within the Holy House. But there is problem in offering either obligatory or recommended prayers on the roof of Ka’bah.

Recommended Places for Offering Prayers▲
Issue No.816- It is recommended to offer prayers in a mosque, and great emphasis has been laid on doing so. Masjid-ul Haram is superior to all the mosques, and after it, the order of priority is as follows: 1- Masjidun Nabi (in Madina) 2- Masjid Kufa (in Kufa) 3- Masjid Baytul Maqdas (Jerusalem) Then comes the number of Jami’ Masjid (central mosque) of every city, followed by the mosques situated in one’s locality, and then that of the bazaar. Issue No.817- As for women, if they protect themselves from non-mahram, it would be better for them to pray in a mosque, and if there is no other way for learning Islamic issues other than going to a mosque, then it is obligatory on them to go to a mosque. Issue No.818- Offering prayers in the shrines of the holy Imams is recommended and is even better than offering prayers in a mosque. It has been related that the spiritual reward for offering prayers in the sacred shrine of Amirul Mu'minin Imam Ali (a.s.) is equal to 200,000 prayers. Issue No.819- Frequenting a mosque and going to a mosque where very few persons come to offer prayers is recommended. And those who live in the neighbourhood of a mosque should not pray anywhere other than the mosque, unless they have a proper excuse. Issue No.820- It is recommended that if a person does not go to a mosque, one should not share one's meals with him or consult him in any matters, or reside in his neighbourhood or enter into matrimonial alliance with him.

Places Where Offering Prayers Is Makrooh▲
Issue No.821- It is befitting not to offer prayers in the following places: Public bath; saline land; facing a person who is either sitting or standing; facing an open door; on a road or street provided that offering prayers at these places does not cause inconvenience to others. If it does, it is haraam. It is also

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befitting not to pray facing fire or a lamp, in a kitchen, and at any place where there is a furnace, facing a well or a pit where people often urinate, and facing the picture or statue of living creatures, unless it is covered, praying at a place where there is a picture, even if it may not be placed in front of the person who offers prayers; facing a grave, on the grave and in the graveyard, and in a room where a person who is in the state of Janabat is present. Issue No.822- If a person is offering prayers at a place where people are passing, or where somebody is present in front of him, it is recommended that he should set a demarcation before him, and it is sufficient if that thing is a walking stick, a rosary, or a string.

Rules Regarding a Mosque▲
Issue No.823- It is haraam to make a mosque impure, whether it is its floor, ceiling, roof, or its inner walls. And the obligatory precaution is that the outer part of the wall of a mosque, too, should not be made impure, unless the Waqif (dedicator) of the mosque has not included it as a part of the mosque. Issue No.824- When people come to know that a mosque has become impure, it is Wajib-e Kefaee on all of them to remove the impurity and make the mosque pure. Wajib-e Kefaee means that if one or a few people take action to make it pure, others will no longer be under any obligation. And if no one takes an action, all will be sinful and there is no difference, in this regard, between the one who has made the mosque impure and the others. Issue No.825- If a person (e.g. a traveller) cannot purify a mosque or needs help for performing this task and does not get it, it is not obligatory for him to purify the mosque. However, on the basis of obligatory precaution he should bring the matter to the notice of someone who can purify it. Issue No.826- If a place in a mosque becomes impure, and it cannot be made pure without digging or demolishing it, the place should be dug, or if its demolition is minimal, it should be demolished. And the place that has been dug or demolished should, as an obligatory precaution, be repaired and turned into its original form. And it is better that the person who made it impure, should take the responsibility of the repair, and if it has expenses, he will be liable, as an obligatory precaution. Issue No.827- If they usurp a mosque and then change it in such a way that the dilapidated structure can no longer be called a mosque, even then, as a measure of precaution, it is haraam to make it impure and it is necessary to make it pure. Issue No.828- It is haraam to make impure the precincts (Haram) of the shrines

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of the holy Prophet (pbuh) and Imams (a.s.) and in case anyone of these precincts becomes impure and its being impure is the cause of its desecration, it is obligatory to purify it. And the precaution is that it should be purified even if no desecration is involved in its being impure. Issue No.829- It is also haraam to make the carpet of a mosque impure, and if it becomes impure, it should be made pure. And if it involves any expenses, then the person who has made it impure is liable, as an obligatory precaution. Issue No.830- It is haraam, as an obligatory precaution, to take an essential impurity (e.g. blood, and urine) into a mosque, even though it may not cause desecration of the mosque. However, if the impurity is very small which is sometimes in the dress of the person who enters the mosque or the dress of children, there would be no problem in it. But taking something which has become impure into the mosque like an impure dress or an impure shoe is not haraam, if it does not cause desecration of the mosque and does not make the mosque dirty. Issue No.831- If a tent is pitched, carpets are spread, and black curtains are hung in a mosque, and tea or food is taken into it in connection with a mourning ceremony or a religious function, there is no harm in it, provided that these things are not harmful for the mosque and do not impede the offering of prayers. Issue No.832- There is harm in decorating a mosque with gold and, as a precaution, it should not be decorated with the pictures of things, which possess soul like human beings and animals. Issue No.833- If a mosque is ruined, it is not permissible to sell it, or to make it a part of a property, or a road. It is haraam to sell the doors, windows and other things of a mosque and even if the mosque becomes dilapidated these things should be used for the repairs of that very mosque. In case, however, they are no longer useful for that mosque they should be used in other mosques and if they cannot be used in other mosques also they may be sold and the sale proceeds should be used for that very mosque, if possible. If, however, it is not possible the same should be spent on the repairs of some other mosque. Issue No.834- Building a mosque is recommended and it is better that the mosque is located in a more suitable and better place so that a great number of Muslims may use it. Repairing and renovating a dilapidated mosque is recommended too and it is one of the best acts. And if a mosque is in a very bad shape and it is not possible to repair it, it can be demolished entirely and rebuilt. Issue No.835- A mosque, which is not in a bad condition, can be demolished, and

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then be enlarged to meet the needs of the people. Issue No.836- To keep a mosque clean and tidy, and to illuminate it, and to try to supply its needs is recommended, and it is also recommended for a person visiting a mosque to apply perfume and wear neat and good dress and should verify that the soles of his shoes do not contain any impurity, and while entering the mosque he should put his right foot in first, and when he makes his exit, he should put his left foot out first. Similarly it is recommended that one should come to the mosque earlier than others and leave it after they have departed. Issue No.837- It is Mustahab that when a person enters a mosque, he should offer two Rak’at prayers as gesture of greeting and respect to the mosque, but it will suffice if he offers any obligatory or Mustahab prayers. Issue No.838- It is Makrooh to sleep in a mosque and to talk about worldly affairs, and to recite poetry which is not religiously instructive. It is also Makrooh to spit or throw phlegm or mucus from the nose in a mosque or to shout and to raise one’s voice or to make noise and to do whatever is in contrast with the position of the mosque. Issue No.839- It is Makrooh to allow children or insane persons to enter a mosque. However, if taking children to a mosque does not cause any inconvenience to others, but instead would make them interested in the mosque and in praying, then it would be Mustahab and sometimes it would be obligatory. Issue No.840- It is Makrooh for a person to enter a mosque if he has eaten onions or garlic, whose bad smell is a source of inconvenience to others.

Adhan and Iqamah▲
Issue No.841- It is Mustahab to say Adhan and Iqamah before offering daily obligatory prayers, and it would be better not to abandon them, especially Iqamah. But they are not prescribed for Eid-ul Fitr and Eid-ul Adha and other obligatory prayers. Nevertheless, in these prayers which are not offered daily, it is good to say “As-Salah” with the intention of performing a desirable act. It is recommended that Adhan be pronounced in the right ear of a child and Iqamah in its left ear on the day it is born or before the umbilical cord is cast off. Issue No.842- Adhan consists of 18 sentences which are as under: Allahu Akbar (Allah is greater than any description).................................... four times Ash hadu an la ilaha illal lah (I testify that there is no god but Allah)..............two times

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Ash hadu anna Muhammadan Rasulul lah.........................................two times (I testify that Muhammad is Allah’s Messenger) Hayya ‘alas Salah (Hasten to prayers)....................................................two times Hayya ‘alal Falah (Hasten to deliverance)................................................two times Hayya ‘ala Khayril ‘Amal (Hasten to the best acts which is prayers)......... two times Allahu Akbar (Allah is greater than any description)................................... two times La ilaha illal lah (There is no god but Allah)........................................... two times As regards to Iqamah, it is 17 sentences, and it is like Adhan, except that in Iqamah, Allahu Akbar is reduced, in the beginning, to twice, and at the end, La ilaha illal lah to once, and after Hayya ‘alaa Khayril ‘Amal, Qadqa matis Salah (i.e. the Salah has certainly been established) must be pronounced twice. Issue No.843- Ash hadu anna Amiral Mu’minina ‘Aliyyan Waliyyullah (I testify that the Commander of the faithful, Imam Ali (a.s.) is the vicegerent of Allah) is not a part of Adhan or Iqamah. But it is preferable that it is pronounced after Ash hadu anna Muhammadan Rasulullah with the intention of tabarruk (blessing). However, it should be pronounced in such a way that it is not considered to be a part of either Adhan or Iqamah.

Cases Where Adhan Is Abondoned▲
Issue No.844- It is not necessary to recite Adhan, and it should be abandoned, as an obligatory precaution, on fulfilment of five conditions: 1- Adhan of Asr prayers on Friday if it is offered after Friday prayers. 2- Adhan of Asr prayers on the day of Arafah which is on the ninth of Dhul Hijjah, if it follows Zuhr prayers. 3- Adhan of Isha prayers on the night of Eidul Adha for a person who is in Mash’ar ul-haraam when it is offered together with Maghrib prayers. 4- Adhan of Asr and Isha prayers of a Mustahaza woman who has to offer them immediately after Zuhr and Maghrib prayers, respectively. 5- Adhan of Asr and Isha prayers of a person who cannot control his urine or excretion. In general, any prayers offered one after another, if Adhan has been said for the first prayers, it is not necessary to say Adhan for the second one, and the lapse between the two prayers caused be Nafilah or Du'as is not sufficient. But, if the prayers are offered separately in their special time of significance, then Adhan and Iqamah are recommended for both of them. Issue No.845- If Adhan and Iqamah has been pronounced for congregational prayers a person who is offering prayers with that congregation should not, as an obligatory precaution, pronounce Adhan and Iqamah for his own prayers. Issue No.846- If a person entering a mosque finds that congregational prayers are over, the precaution is that he should not pronounce Adhan or Iqamah for

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his own prayers so long as the rows have not broken up and the people have not dispersed. That is when Adhan and Iqamah have been pronounced for the first congregational prayers. Issue No.847- If some persons are busy offering prayers at a place or their prayers has ended only a short while ago and the rows have not yet broken up and if a person wishes to offer prayers individually or with another congregation which is going to be set up soon he is excused from pronouncing Adhan and Iqamah on the condition that: (i) Adhan and Iqamah have been pronounced for that prayers; (ii) the congregational prayers is in order; (iii) the prayers of the person concerned and the congregational prayers are being offered at one place; (iv) both of the prayers are offered in prescribed time (Ada'); (v) the time for both the person's prayers and the congregational prayers is common (vi) both the prayers are offered in the same time and in the same mosque. Issue No.848- It is recommended that if a person hears Adhan or Iqamah he should also utter in a low voice the part which he happens to hear. Repeating Iqamah, in the hope of getting divine reward, is also recommended (This is called retelling of Adhan and Iqamah). Issue No.849 - If a man hears a woman pronouncing Adhan, he will not be exempted from pronouncing Adhan. However, if a woman hears a man pronouncing Adhan, she is excused from pronouncing Adhan. Issue No.850- It is necessary that the Adhan and Iqamah of a congregational prayers are pronounced by a man. However, if a woman pronounces Adhan and Iqamah in a congregational prayers of women it is sufficient. Issue No.851- If a person pronounces the sentences of Adhan or Iqamah without proper order, like if he says Ash hadu anna Muhammadan Rasulullah before Ash hadu an la ilaha illal lah; he should repeat from the place where the order has been disturbed. Issue No.852- An inordinate lapse of time should not be allowed between Adhan and Iqamah, and if the gap is so much so that the Iqamah is not counted in relation to that Adhan, he should pronounce it once again. Similarly, there should not be any excessive time gap between Adhan, Iqamah, and the prayers, otherwise Adhan and Iqamah should be repeated. Issue No.853- Adhan and Iqamah should be pronounced in correct Arabic. Hence, if they are pronounced in wrong Arabic, or its translation in Persian or another language is pronounced, it will not be valid. Issue No.854- Adhan and Iqamah for a prayer should be pronounced when the

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time for that prayer has set in, and if they are pronounced, they will be void. Issue No.855- If a person doubts before pronouncing Iqamah, whether he has pronounced Adhan or not, he should pronounce Adhan. But, if he doubts during Iqamah whether he has pronounced Adhan, he should not pay attention to his doubt. However, if he doubts in the sentences of Adhan and Iqamah, he should, as a precaution, re-pronounce them. Issue No.856- It is recommended that while pronouncing Adhan, a person should stand facing Qibla and should be with Wudhu and raise his voice, and pause between the recitals of different sentences, and should not talk with anyone during the recital of Adhan. Issue No.857- It is recommended that while pronouncing Iqamah, a person is at ease, and he pronounces it with a lower voice than Adhan and the gap between the recitals of different sentences should be less than that of Adhan. It is also recommended that between Adhan and Iqamah a man should take a step forward, or should sit down for a while, or perform Sajdah, or recite a Du'a’, or offer two Rak’ats of prayers. Issue No.858- It is better that a person who is appointed to pronounce Adhan is a just person and with the knowledge of timings, and his voice is appropriate and loud. And he should pronounce Adhan from an elevated place, and if he uses a loud speaker, there is no objection to the caller being in a low place. Issue No.859- It is not sufficient for prayers to hear Adhan from radio etc. rather those who offer prayers should themselves say Adhan as was explained before. Issue No.860- If Adhan and Iqamah are recited in a rhythmical way so that it becomes music i.e. if he pronounces Adhan and Iqamah like singers who sing in pleasure parties to amuse the people, it is haraam and void. Issue No.861- The obligatory precaution is to always say Adhan with the intention of prayers, and there is an objection in saying the Adhan with the intention of announcing the arrival of the time, without the intention of prayers.

Obligatory Acts Relating to Prayers▲
Issue No.862- There are eleven obligatory acts for prayers: 1- Niyyat (intention) 2- Qiyam (standing erect) 3- Takbiratul Ehram (saying Allahu Akbar while commencing the prayers) 4- Qira’at (recitation of Surah al-Hamd and other surah) 5- Ruku’ (bowing) 6- Sojoud (prostrations) 7- Zikr (prescribed recitation while doing Ruku' and Sojoud) 8- Tashahhud ( bearing witness after completing the Sajdah of the second and the last Rak’at) 9-

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Salaam (Salutation) 10- Tartib (sequence) 11- Muwalat (to perform different acts of prayers in regular succession). Issue No.863- Some of the obligatory acts of prayers are its basic elements (rukn). Hence, a person who does not offer them, whether intentionally or by mistake, his prayers become void. Some other obligatory acts of prayers are not its basic elements. In case, therefore, they are omitted or added intentionally, the prayers become void but if they are omitted by mistake, the prayers would be in order. Issue No.864- There are five basic elements of prayers: 1- Niyyat (intention) 2Takbiratul Ehram 3- Standing at the time of saying Takbiratul Ehram and before the Ruku' 4- Ruku' 5- Two Sajdah in every Rak'at (Of course, no addition is imagined with respect to the intention, and also, if there is any addition to Takbiratul Ehram by mistake, the prayers does not become void. However, the recommended precaution is to repeat it.

(Niyyat (intention -1 ▲
Issue No.865- A person should offer prayers with the intention of qurbat, that is, complying with the orders of the Almighty Allah. It is not, however, necessary that he should utter the intention, or should make the intention pass through his mind in the beginning of the prayers. It is sufficient if he is asked what he is doing, he answers that he is offering prayers for Allah. Issue No.866- When a person is making intention, he should specify that he is, for example, offering Zuhr or Asr prayers or any other prayers. And if he makes intention that he is offering four Rak’ats, it is not sufficient. He should specify in his intention the prayers he is going to offer and as an obligatory precaution, he should also specify whether it is Ada (prayers offered within the prescribed time) or Qadha (lapsed prayers). Issue No.867- A person should be conscious and aware of his intention, from the beginning of the prayers till its end. Hence, if, during the prayers he becomes so inattentive that he is unable to say what he is doing, if asked, his prayer is void. Issue No.868- Any person who offers prayers or does any other acts of worship to show off to people, his worship is not only void but he has also committed a major sin. Even if he couples the intention of showing off, with the performance for the pleasure of Allah, again his act is void and it is a major sin. Issue No.869- If a person offers a part of prayers for the sake of any one other than Allah, whether that part is obligatory like Hamd and Surah or Mustahab, like Qunut, his prayers are void, as an obligatory precaution.

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Issue No.870- If he offers prayers for Allah but just to make a show of it before the people, he offers it at a particular place, e.g. in a mosque or at a particular time e.g. in the early part of the time prescribed for the prayers or in a special manner e.g. in congregation, his prayers is void. However, if it is not for the sake of a show, but because it is easier for him to offer it in a mosque or in a congregation, then there will be no objection.

Takbiratul Ehram -2 ▲
Issue No.871- The first part of the prayers is Allahu Akbar which is called Takbiratul Ehram. Leaving it out, intentionally or by mistake, renders the prayers void. Adding to it (i.e. instead of saying Allahu Akbar once, he says it twice) intentionally, will cause the prayers to become void. Issue No.872- Allahu Akbar, like other Zikrs of prayers and Hamd and Surah, should be pronounced in correct Arabic. In case, therefore, a person pronounces these words in wrong Arabic, or utters their translation, it will not be sufficient. Issue No.873- It is necessary that when a person pronounces Takbiratul Ehram, his body be steady, and if he is, for example, taking a step and pronouncing Takbiratul Ehram, it will not be valid. However, if he says it by mistake, he should, as an obligatory precaution, do something that makes the prayer void ( for example, he should turn his face away from Qibla) and then recite the Takbir once again. Issue No.874- A person should pronounce Takbir, Hamd, Surah, and other words of prayers in such a manner that, if there was no impediment, at least he himself would hear it. Issue No.875- If a person is dumb or there is some defect in his tongue on account of which he cannot pronounce Allahu Akbar he should pronounce it in whatever manner he can pronounce it, and if he cannot say at all, he should, as an obligatory precaution, make a sign and say it with the language which is common among the deaf and the dumb and also pass it through his mind. Issue No.876- It is recommended that after the Takbiratul Ehram the person concerned should say this: Ya muhsinu qad ataka almusiu wa qad amartal muhsina an yatajawaza ‘anil musiei antal Muhsinu wa anal Musio bihaqqi Muhammadin wa Ali Muhammadin salli ‘ala Muhammadin wa Ali Muhammadin wa tajawaz ‘an qabihi ma ta’lamu minni. (O Lord Who are Beneficent! This sinful has come before You and You have ordered the charitable to show indulgence to the sinners. You are Beneficent, and I am a sinner. Bestow Your blessings on Muhammad and his progeny, and pardon my evil acts of which You are aware).

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Issue No.877- It is recommended that a person pronouncing Takbiratul Ehram and other Takbirs of the prayers to raise his hands parallel to his ears. Issue No.878- If a person doubts whether he has pronounced Takbiratul Ehram or not, if he has started reciting Surah Hamd, he should ignore his doubt, and if has not yet read any thing, he should pronounce Takbir. However, if he knows that he has pronounced Takbiratul Ehram, but he doubts whether he has pronounced it correctly or not, and if this doubt is after Takbir, he should ignore it.

(Qiyam (to stand -3 ▲
Issue No.879- Qiyam means to stand erect, and in two instances in prayers it is obligatory and considered to be a Rukn (basic element): one before saying Takbiratul Ehram, and the other before the Ruku' which is called Qiyam muttasil be Ruku’. But standing while reciting Surah Al-Hamd and the other Surah, and also standing after Ruku’ is obligatory but it is not Rukn. Issue No.880- If a person forgets to perform Ruku’, and sits down after reciting Hamd and Surah, and then remembers that he has not performed Ruku’, he should first stand up and then go into Ruku’. If he does not stand up first, and performs Ruku’ while he is bowing, his prayers will be void because of not having performed Qiyam (standing) adjacent to Ruku' (Qiyam muttasil be Ruku’). Issue No.881- When a person stands for Takbiratul Ehram or Qir'at (recitation) he should not move his body and feet, nor should he incline on one side or lean on anything. However, if he is helpless, and is obliged to lean on something, there is no harm in it. Issue No.882- If, while standing for Hamd and Surah, a person forgetfully moves his body and feet or inclines on one side, the prayers is not void. However, if it is at the time of Takbiratul Ehram and the standing which is adjacent to Ruku’, he should, as an obligatory precaution, finish the prayers and then offer it again. Issue No.883- At the time of Qiyam (standing) if a person stands on one foot, there will be problem in his prayers, but it is not necessary that the weight of his body should be on both the feet equally. Issue No.884- If a person keeps his feet so wide that it may not be considered as normal standing, his prayers are void, unless he is helpless. Issue No.885- When a person in prayers wishes to move a little backward or forward or to move his body a little towards the right side or the left side, he

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should not recite anything at that time, but Bi Hawlilahi wa Quwwatihi Aqumu wa Aq’ud should be recited in the state of rising. Issue No.886- When a person is engaged in obligatory Zikr in the prayers, his body should be still, and as an obligatory precaution, it applies to Mustahab Zikr as well. Issue No.887- If a person says a Zikr while his body is in motion, for example, he says Takbir when he is going into Ruku’ or Sajdah, he should, as a measure of precaution, say the prayers again, unless his intention is to say it as an absolute Zikr, not as the particular takbir which is said while standing before going into Sajdah, but he says takbir because Zikr of Allah is good anywhere in the prayers. Issue No.888- If at the time of reciting Hamd, Surah or Tasbihat, somebody moves so much involuntarily that the body is no more steady, or he is in a crowd and he is pushed or bumped, he should, as an obligatory precaution, recite again all that he has recited while his body moved, albeit after his body resumes steadiness. Issue No.889- It the person concerned becomes unable to stand while offering prayers, he should sit down, and if he is unable to sit, he should lie down. However, until his body becomes steady, he should not utter any things. Issue No.890- A person who is not able to offer prayers in a standing posture, should sit down, but if he is able to stand and lean on a stick or against a wall etc., or keep his feet away from each other, he should offer his prayers in a standing posture, unless it causes great hardship for him. Also as long as a person can offer prayers in a sitting posture, even if he may have to lean against something, he should not offer his prayers in a lying posture. And if he cannot sit at all, he should lie on his right side, in a manner so that the front part of his body should face Qibla. If he cannot lie on that side, he should lie on the left side. And if this is not possible either, he should lie on his back, with the soles of his feet facing Qibla. Issue No.891- If a person is able to offer a part of the prayers in a standing posture, it is obligatory to offer that part in a standing posture and offer the rest of the prayers in a sitting posture and if that is not possible, he should lie down. Issue No.892- If a person who is offering prayers in a lying position, can sit during the prayers, he should offer, while sitting, if those parts of the prayers which he can. Furthermore, if he can stand he should offer, while standing, that part of the prayers which he can. Similarly, those who offer prayers in a sitting posture become capable of standing, he should offer, while standing, that part

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of the prayers which he can. However, so long as his body does not become still, he should not utter anything. Issue No.893- If a person considers it probable that in the last part of the time prescribed for prayers he will be able to offer prayers standing, he should not offer prayers in the early part of the time, as an obligatory precaution. Issue No.894- If a person, who can stand, fears that, owing to standing his illness will prolong (for example, his wound, or the fracture of his bone will take longer to heal), or he will meet some harm, he can offer prayers in a sitting posture, and if he is afraid of sitting also, he should offer the prayers in a lying posture. Issue No.895- It is befitting that the person offering prayers to stand erect, slacken down his shoulders, place his hands on his thighs, join his fingers together, place the weight of his body equally on two feet, look at the place of Sajdah and stand in humility. If the person offering the prayers is a man, he should keep distance between his feet equal to a minimum of three open fingers, and a maximum of one span, and if she is a woman, she should keep her feet joined.

Qira’at -4 ▲
(Reciting Surah Al-Hamd and another Surah of the Qur’an) Issue No.896- One should recite Surah al-Hamd in the first and second Rak’at of the daily obligatory prayers after Takbiratul Ehram, and thereafter one should recite, on the basis of obligatory precaution, a complete Surah of the Holy Qur’an, and reciting one or a few verses will not suffice. It should be noted that Surah az Zuha and Surah inshirah are treated to be one surah, and the same is the case with Surah al-Fil and Quraysh. Issue No.897- If the time is short for the prayers, or when there is fear of a thief or a beast, or if one is in a hurry, he may abandon the Surah. Issue No.898- It is obligatory to recite Surah al-Hamd before the other Surah, and if a person recites it intentionally after Surah, his prayers will be void, but if he recites it after Surah by mistake, and he realises his mistake before going to Ruku’, he should recite it properly again, and if he realises it after going into Ruku’, his prayers will be in order. Similarly, if he forgets to recite either Hamd or Surah or both of them after reaching Ruku’, his prayers will be in order. Issue No.899- If a person intentionally recites one of the four Surahs which contain verses of obligatory Sajdah[4], in the prayers, he should, as an obligatory precaution, perform a Sajdah immediately upon reciting the verse, then he should stand up and recite Hamd and another Surah and finish the

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prayer, and then repeat the whole prayer. And if he begins reciting by mistake a verse which makes Sajdah obligatory and he realises this before reaching the verse of Sajdah, he should abandon that Surah and recite another Surah. But if he realises this after he has recited more than half of the Surah, he should, as a measure of precaution, repeat the prayer, and if he realises after reciting the verse of obligatory Sajdah, he should act as per the above-mentioned instruction. Issue No.900- There is no objection in reciting the Surahs which contain verses of obligatory Sajdah in recommended prayers, and one should perform an immediate Sajdah upon reciting the verse, then he should stand up and continue the prayer. Issue No.901- It is not necessary to recite a Surah after Hamd in recommended prayers, even if those prayers may have become obligatory due to Nazr. However, with respect to some special recommended prayers in which particular Surahs are recommended, one should act in the same way as instructed. Issue No.902- While offering Friday prayers, or Zuhr prayers on Friday, it is Mustahab that after reciting Surah al-Hamd, Surah al-Jumu’ah should be recited in the first Rak’at, and Surah al-Munafiqun in the second Rak’at, and once a person begins one of these Surahs he is not allowed, as an obligatory precaution, to abandon it and recite another Surah in its place. Issue No.903- If after Hamd, somebody begins reciting the Surah Qul Huwallah Ahad or Qul ya ayyuhal Kafirun, he cannot abandon it and recite some other Surah. However, if in Friday prayers, he recites one of these Surahs instead of Surah Jumu’ah and Surah Munafiqun, before having read half of it, he can abandon it and recite Surah Jumu’ah and Surah Munafiqun. Issue No.904- If, while offering prayers, a person recites a Surah other than Surah Qul Huwallah Ahad or Qul ya ayyuhal Kafirun he can abandon that Surah and recite some other Surah, provided that he has not recited more than half of it. Issue No.905- If the person offering prayers forgets a part of Surah, or cannot complete on account of shortage of time, he can abandon that Surah, and recite some other Surah, although he may have recited half of it, or it may be Surah Qul Huwallah Ahad or Qul ya ayyuhal Kafirun. Issue No.906- It is obligatory for a man to recite Surah al-Hamd and the other Surah loudly, while offering Fajr, Maghrib and Isha prayers, and it is obligatory for a man and a woman to recite Surah al-Hamd and the other Surah silently while offering Zuhr and Asr prayers. A woman can recite Surah al-Hamd and

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other Surah in Fajr, Maghrib and Isha prayers loudly or silently. But, if a na-mahram hears her voice, she should, as a measure of precaution, recite them silently. Issue No.907- Where a person should recite Surah al-Hamd and Surah loudly, he intentionally recites a word silently, his prayer is void and similarly where he should recite Surah al-Hamd and Surah silently, if he intentionally recites a word loudly, his prayer is void. Issue No.908- If a person intentionally offers loudly the prayers, which should be offered in a low voice and vice versa his prayers is void. In case, however, he does so owing to forgetfulness or not knowing the rule his prayers is in order, unless he is guilty of not learning the rule, in which case he should, as an obligatory precaution, offer the prayer again. Issue No.909- If, while reciting Surah al-Hamd and the other Surah, a person realises that he has made a mistake by reciting part of the chapter unnecessarily loudly, it is not necessary to recite it again following the rule, although it is better to return and recite it again. Issue No.910- If a person raises his voice unusually while reciting Surah al-Hamd and Surah as if he is shouting, his prayers is void. Issue No.911- If a person does not know Surah al-Hamd and Surah and other acts of prayers properly, he should learn them. But those who are not able to learn the correct pronunciation, they are allowed to recite them as best as they can, and the recommended precaution is that they should offer their prayers in congregation. Issue No.912- A person who has neglected learning of Qira’at and the Zikr of prayers, his prayers is void, and if the time is short and he cannot learn them, the obligatory precaution is that he should offer his prayers in congregation, and if he does not have access to congregation, his prayers will be valid in the shortage of time. Issue No.913- As an obligatory precaution, one cannot take wages for teaching the obligatory acts of prayers. However, there is no harm in taking wages for teaching recommended things, unless they are among the rites of the religion, or protecting the divine rules are subject to teaching them. Issue No.914- If a person does not know a certain word of Surah al-Hamd or Surah, or other Zikr in the prayers, or pronounces it incorrectly by changing the inflections and giving movements of Fat-hah or Kasrah where not needed, or utters one letter for another like Za for Zad in a way that it would become wrong according to Arabic language, his prayer is void.

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Issue No.915- If a person has learnt a word which he believes to be correct, and recites it that way in prayers, but comes to know later that he has been reciting it incorrectly, it is not necessary for him to offer the previous prayers again, although the recommended precaution is to offer them again and give their Qadha. Issue No.916- It is not necessary to observe the rules prescribed by the Ulama of Tajweed, (the art of reciting the Qur’an), but it would be necessary to recite the sentences in a way that it is considered to be correct according to Arabic, and if one can observe the rules of Tajweed, it would be better to observe them. Issue No.917- The obligatory precaution is that while offering prayers, one should not recite the ending word of any verse with Waqf (pause) if he wishes to join it to the next verse. For example, if one recites “Allahu Akbaro” and then pauses before starting the next verse, it is not proper. However, there is no objection, if one recites the ending word of a sentence without Fat-hah, Kasrah or Zammah (small diagonal stroke below and above a letter) and immediately recites the next verse or word, though it is better not to do so. Issue No.918- In the third and fourth Rak’ats of prayers, one may either read only Surah al-Hamd or Tasbihat Arba’ah ---- Subhanallahi wal hamdu lillahi wa la ilaha illal lahu wallahu Akbar three times, though once is enough. It is also permissible to recite Surah al-Hamd in one Rak’at, and Tasbihat Arba’ah in the other. Issue No.919- It is obligatory for men and women that in the third and fourth Rak’ats they recite Surah al-Hamd or Tasbihat Arba’ah in a low voice. If a person recites Surah al-Hamd in the third and fourth units of the prayers he should, on the basis of obligatory precaution recite its Bismillah in a low voice. Issue No.920- If a person recites Tasbihat Arba’ah in the first two Rak’ats, thinking that they are the last two Rak’ats, and if he realises the error before Ruku', he should recite Surah al-Hamd and Surah. But if he realises this during or after the Ruku', his prayer is in order, and as a recommended precaution, he should offer two Sajdatus Sahv. Issue No.921- If in the third or fourth Rak’at, a person wanted to recite Surah al-Hamd, but instead of that, Tasbihat Arba’ah came on his tongue, or if he wishes to recite Tasbihat Arba’ah but Surah al-Hamd comes on his tongue, it will not be sufficient and he should abandon it and recite Tasbihat Arba’ah or Surah al-Hamd de novo. However, if the two were in his intention, then whichever comes to his tongue will be sufficient. Issue No.922- It is recommended to seek forgiveness from Allah after Tasbihat

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Arba’ah. That is, one should say Astaghfirulllaha Rabbi wa Atubu Ilayhi or he should say, Allahummaghfir li. Issue No.923- If a person doubts while in Ruku' of third or fourth Rak’at, whether or not he has recited Tasbihat Arba’ah, he should ignore his doubt. However, if he has not bowed to the extent enough for Ruku', he should, as an obligatory precaution, return and recite it. Issue No.924- If a person doubts whether he has pronounced a verse or a word correctly or not, he should repeat it until he says it correctly. However, if it becomes an obsession, he should ignore it, and if he does not do so, there would be problem in his prayers, and he should, as an obligatory precaution, offer it again. Issue No.925- It is recommended that in the first Rak’at the person offering prayers should say A’uzubillahi Minash Shaytanir Rajim before reciting Surah al-Hamd, and in the first and second Rak’ats of Zuhr and Asr prayers, the prayer leader should recite Bismillah loudly. It is also recommended to recite Surah al-Hamd and Surah and other words of prayers distinctly paying attention to the meaning of each verse not joining it with the next one. And if one is offering prayers in congregation, it is recommended to say Alhamdulillahi Rabbil ‘Alamin after the completion of Surah al-Hamd by the prayer leader. And after reciting Surah Qul Huwallahu Ahad, he should say, “Kazalikallahu Rabbi” or “Kazalikallahu Rabbuna” once, twice or three times. Issue No.926- It is befitting that in all the prayers, one should recite Surah Inna Anzalnahu in the first Rak’at, and Surah Qul huwallahu Ahad in the second Rak’at, and one should not recite in the second Rak’at the same Surah which one has recited in the first Rak’at, except for Surah Qul huwallahu Ahad. And it is not good to abandon reciting Surah Qul huwallahu Ahad in all the daily prayers. It is better to choose the Surahs for prayers which will draw the attention of people to matters of their concern and which will help them stay away from the sins which they are prone to commit.

(Ruku' (Bowing -5 ▲
Issue No.927- In every Rak’at, a person offering prayers should, after reciting the Surahs (Qira’at), bow to an extent that he is able to rest his palms on his knees. Rather, the obligatory precaution is that he should rest his palms on his knees. Issue No.928- If there is a difference between hands and knees of a person and the hands and knees of other people e.g. if his hands are very long so, that if he bends a little they reach his knees, or his knees are lower than others, so that he must bend himself much to make his hands reach his knees, he should bend

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to the usual extent. Issue No.929- A person, who performs Ruku' in the sitting posture should bend so much so that it can be said that he has done Ruku'. Issue No.930- Bending should be with the intention of Ruku'. Therefore, if a person bends for some other purposes, he cannot reckon it as Ruku'. He will have to stand up and bend again for Ruku'. Issue No.931- It is obligatory to utter a Zikr (recitation) in Ruku'. One should, as, as an obligatory precaution, say Subhanallah three times or Subhana Rabbiyal ‘Azimi wa bi hamdeh once, and it should be uttered in correct Arabic. It is recommended that the Zikr be repeated 3 or 5 or 7 times. Issue No.932- The body should be still to the extent of reciting the obligatory recitation, and in recommended recitation also stillness of the body is necessary if it is restricted to Ruku'. Issue No.933- If at the time of uttering the obligatory recitation of Ruku', someone bumps into him or he loses steadiness due to other reasons, he should repeat the recitation after his body resumes steadiness. However, if he moves so little that he does not cease to be in a state of stillness of the body, there is no harm in it. Issue No.934- If a person recites the recitation of Ruku' before he has properly bowed down, and before his body becomes still, he should repeat it after his body becomes still. Even if he does so intentionally, he should, as a measure precaution, offer the prayers later again. Issue No.935- If a person intentionally raises his head from Ruku' before the completion of obligatory recitation, his prayer is void. In case, however, he raises his head by mistake and before he ceases to be in the state of Ruku' he recollects that he has not completed the recitation of Ruku', he should make himself steady and utter the recitation. And if he recollects it after he has ceased to be in the state of Ruku', his prayers is in order. Issue No.936- If a person cannot bow down for Ruku' properly, he should lean on something and perform Ruku'. And if he cannot perform Ruku' even after he has leaned, he should bow down to the maximum extent he can, and if he cannot bend at all, he should perform Ruku' in the sitting posture. And if he cannot do this either, he should make a sign for Ruku' with his head while standing. And if this cannot be done either, he should close his eyes with the intention of performing Ruku' and utter the recitation and then open his eyes with the intention of rising from Ruku'.

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Issue No.937- If a person can perform Ruku', but owing to a diseases or other reasons he is not able to remain in Ruku' to the extent of the obligatory recitation, he should utter the obligatory recitation before he gets out of Ruku', though his body may not be still. And if that is not possible, he should finish the recitation while rising from Ruku'. Issue No.938- If a person’s back is bent due to old age or diseases or other factors he should, at the time of praying, straighten up himself as much as possible, and if he is not able to do so, he should straighten up himself a little before Ruku', and if this is not possible either, he should bow a little more for Ruku' provided that he does not get out of the state of Ruku'. And if that is also not possible, he should, as a precaution, make a sign for Ruku' and also consider that state of his to be a part of Ruku'. Issue No.939- Ruku' is one of the obligatory basic elements of prayers which, if abandoned or performed intentionally or unintentionally twice or more, will render the prayers void. Issue No.940- It is obligatory to stand straight after the completion of Ruku’, and after the body has become steady, one should proceed to Sajdah. And if one abandons this intentionally, his prayer will be void, but if he happens to abandon it by mistake there will be no problem in it. Issue No.941- If a person forgets to perform Ruku', and before he performs the first Sajdah or before his forehead reaches the earth for the second Sajdah, he recollects it, he should stand up and then go into Ruku'. Issue No.942- It is recommended that before going into Ruku', a person should say “Allahu Akbar” while he is standing erect, and in Ruku' he should push his knees back, keep his back flat, stretch forth his neck, keep it in line with his back, look between his two feet, and after he rises from Ruku' and stands erect, he should say, in a state of steadiness, “Sami’allahu liman hamidah.” Issue No.943- There is no difference between obligatory or recommended prayers in terms of the rules of Ruku', nor is there any difference between them when it comes to performing an extra Ruku', as an obligatory precaution.

(Sujood (Prostrations -6 ▲
Issue No.944- A person offering prayers should perform two Sajdahs after the Ruku', in each Rak’at of the obligatory as well as Mustahab prayers. They are performed after the Ruku’, and if a person, intentionally or forgetfully, omits or adds two more Sajdahs, his prayers are void. But, if he adds or omits one Sajdah forgetfully, his prayers do not become void.

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Issue No.945- While performing the two Sajdahs it is obligatory to place these seven limbs on earth: forehead, the palms of hands, the knees, and both the two big toes of the feet. And if one, intentionally, does not place one of these limbs on the earth, his Sajdah is void, and if he does not place his forehead forgetfully on the earth, his Sajdah would be void too. However, if he places his forehead on the earth but does not, by mistake, make other parts of his body reach the ground, his Sajdah is in order.

Recital of Ruku' and Sujood-7 ▲
Issue No.946- It is obligatory to utter Zikr in Ruku’, and as an obligatory precaution, one should recite “Subhanallah” three times or “Subhana Rbbiy al-‘Azim-e wa bi hamdihi” once. It is also obligatory to utter Zikr in Sajdah, and the obligatory precaution is to recite “Subhanallah” three times or “Subhana Rbbiy al-‘Alaa wa bi hamdihi” once. The more he utters the Zikr the better it would be.

Rules of Sujood▲
Issue No.947- In prostration the body of the person concerned should be calm to the extent of uttering obligatory recitation and at the time of recommended recitation also calmness of the body is necessary if it is with the intention of the particular action of Sajdah. But if it is with the intention of a general Zikr that can be said anywhere in the prayers, then there would be no harm in movement of the body. Issue No.948- If one starts the Zikr of Sajdah, before the body is steady, or utters a part of it when he is raising his head from Sajdah, his prayer is void. However, if he utters the recitation of prostration by mistake before his forehead reaches the ground and realizes his mistake before he raises his head from prostration he should utter the recitation again when his body is calm. Issue No.949- If one is not uttering the Zikr while in Sajdah, he can lift some of the seven limbs of Sajdah, other than the forehead, and then place them back again, but this is not permitted when uttering the Zikr. Issue No.950- After the first Sajdah, one should sit till the body is steady, and then perform Sajdah again. Issue No.951- As a matter of obligatory precaution, the place where a person places his forehead for Sajdah should not be more than four joined fingers lower or higher than the place where he places his knees and the tips of his toes, whether it is a sloping ground or not. Issue No.952- If a person places his forehead by mistake, on a thing which is

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higher or lower than the span of four joined fingers compared to the place where his knees and toes rest, and if it is so high that it is not considered to be a Sajdah, he should raise his head and place it on a thing whose height is less than four joined fingers. But, if the height is to the extent that it is still called a Sajdah, it is obligatory to push or move his forehead to a place which is not high or its height is about four joined fingers or less than that, and if this is not possible, the precaution is that he should complete his prayers and then say it again. Issue No.953- It is necessary that the forehead is placed on a thing upon which performing Sajdah is correct. God willing, this issue will be explained later. And if there is something (e.g. one’s hair) between the forehead of the person offering prayers, the prostration is void. Similarly, if the Turbat (earthen tablet) is dirty and the forehead does not reach the Turbat itself the prostration is void. There is, however, no harm if for example, the colour of the Turbat undergoes a change. Issue No.954- If a person is not able to place the palms of his hands on the ground, he should place the back of his hands on the ground, and if this is not possible either, he should place the wrists of his hands, and even if this cannot be done, then as an obligatory precaution, he can place any where of his hands up to the elbow on the ground, and in case this is not possible either, he can place his arms on the ground. Issue No.955- As an obligatory precaution, in Sajdah, a person should place the tip of his two big toes on the ground and placing the other smaller toes will not be sufficient. Similarly, if the big toes do not rest on the ground owing to the nails being long, there will be problem in his prayers. Issue No.956- If a part of the big toe is cut off, one should place the remaining part of it on the ground, and if nothing of it has remained, he should place the other toes on the ground and if he has no toes he should place on the ground whatever part of the foot is intact. Issue No.957- If a person performs Sajdah in an unusual manner e.g. if he joins his chest and belly and also the seven limbs with the ground, his Sajdah is void. Issue No.958- If there is a sore or a wound etc. in the forehead of a person, making him unable to rest his forehead on the Turbat etc., he should place the Turbat on the side of the forehead or both sides of his forehead and should raise the Turbat from the ground so much that the sore will be between the two Turbats, provided that its height is not more than four joined fingers. If the sore or wound has covered the entire forehead of a man, he should perform Sajdah with one of the two sides of forehead, and if this is not possible, he should place his chin on the Turbat, and if this is not possible either, he should place any part

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of his face on the Turbat, and if this cannot be done, then he should lower his head as much as he can. Issue No.959- If a person who cannot place his forehead on the ground, he should bend as much as possible, and place the Turbat or any other permissible thing on something high, so that his forehead can reach it, but the palms of hands and the knees and the toes should be placed on the ground as usual. If he cannot bend, he should make a sign with his head, or else, he should make a sign with his eyes. That is, he should close his eyes with the intention of performing Sajdah and should open them with the intention of raising his head from Sajdah. In any case, the obligatory precaution is that he should raise the Turbat and place it on his forehead. If he is not able to do any of the abovementioned options, he should, as a measure of precaution, make an intention for Sajdah in his heart. Issue No.960- If the forehead of a person is raised involuntarily from the place of Sajdah and goes back, and this is treated to be one Sajdah though he has not uttered the recitation of Sajdah. And if he raises his forehead voluntarily and intentionally before uttering the Zikr, his prayers will be void, otherwise, there will be no problem. Issue No.961- At a place where a person has to observe Taqiyah (concealing one’s faith in dangerous situations) he can perform Sajdah on a carpet or other similar things, and it is not necessary for him to go somewhere else to perform Sajdah on Turbat. In case, however, he can perform prostration on a mat or any other thing on which it is lawful to perform prostration, it is obligatory to do so. Issue No.962- There is problem in performing Sajdah on an object where the body does not stay steady. However, as we have mentioned earlier, if one can observe the obligatory parts of the prayers in a moving ship or a moving train or similar things, his prayers are in order. There is no harm in performing Sajdah on a mattress or similar things where the body is not steady in the beginning but becomes steady later. Issue No.963- If the ground where a person wants to perform Sajdah is muddy and his body and his clothes will become dirty, he can perform his prayers in a standing posture and make a sign for Sajdah with his head. Issue No.964- Where there is no obligatory Tashahhud after the second Sajdah, it is better that one should sit for a while before rising for the next Rak’at.

Things on which Sajdah Is Allowed▲
Issue No.965- When performing Sajdah, one’s forehead should be on earth or

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those things which grow from earth, e.g. wood and leaves of trees. However, Sajdah on edible or clothes, though they may grow from earth, is not permissible. Similarly, Sajdah on metals such as gold and silver is invalid, but Sajdah on mineral stones such as marbles, white and black stones and even on agate is in order. Issue No.966- The obligatory precaution is that prostration should not be performed on the leaves of vine which some people use in food. Issue No.967- It is in order to perform Sajdah on grass, hay and similar things which grow from earth and are served as fodder for animals, and also on flowers which are not edible by men. However, Sajdah on flowers and herbs which are medicinal, such as violet flowers and borage is not in order, as an obligatory precaution. The same rule also applies to flowers that are edible in some cities, but are not edible in some other cities. Issue No.968- It is in order to perform Sajdah on limestone and gypsum before or after they are baked, and it is also permissible to perform Sajdah on bricks, baked earthenware and cement. Issue No.969- It is permissible to perform Sajdah on paper, if we are not sure that paper has been made of cotton or things on which Sajdah is not allowed as per the Islamic law. However, since at present most papers are usually made of wood, or at least we are not sure what it is made of, then Sajdah is permissible on it. Issue No.970- Turbatul Husayn (clay of Karbala), which reminds us of the bloods of the martyrs of Karbala, is the best thing for performing prostration. Issue No.971- If a person does not possess anything on which it is allowed to perform Sajdah, or even if he possesses such a thing, he cannot perform Sajdah on it due to severe heat or cold, he should perform Sajdah on his dress if it is made of linen or cotton. If his dress is made of other things, e.g. wool, he should perform Sajdah on it or on the carpet, and if this is no possible, he can perform Sajdah on metals or mineral things. And if he cannot find anything at all on which to perform Sajdah, he may perform Sajdah on the back of his hand. Therefore, the back of one’s hand should be regarded as the last thing on which he may perform Sajdah. Issue No.972- If the Turbat sticks to the forehead in the first Sajdah, it should be removed from the forehead for the second Sajdah; otherwise there will be harm in it. Issue No.973- If a thing on which a person performs Sajdah gets lost while he is offering prayers (e.g. a child takes it away), and he has sufficient time at his

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disposal he should finish the prayers and offer it again, as a measure of precaution but if the time for prayers is limited, then it is not necessary to offer it again. In either of the two cases he should act according to the previous two issues. Issue No.974- If a person realises in the state of Sajdah that he has placed his forehead on a thing on which Sajdah is not allowed, he should, if possible, raise his head from that thing, and perform Sajdah on a thing, on which Sajdah is in order. If it is not possible and the time is limited, he should act in accordance with the previous issue. Issue No.975- If a person realises after the prayers or Sajdah that he had placed his forehead on a thing on which Sajdah is not permissible, his prayers is in order. Issue No.976- It is haraam to perform Sajdah for anyone other than Almighty Allah. Some people place their foreheads on earth before the graves of the holy Imams. If this is done to prostrate for the Imam (a.s.), it is haraam and if it is to thank Allah, there is no harm in it. And if this is seen by the others as Sajdah for the holy Imams, or if it gives a pretext to the enemies, then there is harm in it.

The Mustahab and Makrooh Things in Sajdah▲
Issue No.977- Certain things are recommended in Sajdah and one can perform them in the hope of gaining divine reward: 1- It is recommended to say Takbir after one raises his head from Ruku’, while the body is steady, before going to Sajdah. It is also recommended to say Takbri after the first Sajdah and before going into the second Sajdah. 2- While going into Sajdah, a man should first place his hands on the ground, and a women should first place her knees on the ground. 3- In addition to the forehead, the person offering prayers should place his nose on a thing on which Sajdah is allowed. 4- While performing Sajdah, fingers should be kept close to each other, parallel to the ears, with their tips towards Qibla. 5- While in Sajdah one should pray to Allah, and express his wishes, and should recite this supplication: Ya Khayral Mas’ulin wa Awsa’ul Mu’tin, Urzuqni warzuq ‘Ayali Min Fazlika Fa Innaka Zulfazlil ‘Azim ( O You Who are the best from whom people seek their needs, and O You Who are the best bestower of gifts ! Give me and my family sustenance with Your Grace. Undoubtedly You possess the greatest grace). 6- After performing Sajdah, one should sit on his left thigh, placing the instep of the right foot on the sole of the left foot. 7- When his body is steady after the first Sajdah, he should say: “Astaghfirullaha wa Atubu Ilayhi” 8- He should prolong the Sajdah and say words of praise and Zikr of Allah and

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recite Salawat. 9- When sitting after the Sajdah, one should place one’s hands on the thighs. 10- At the time of rising, one should first raise his knees from the ground, and then his hands.

Makrooh Acts in Sajdah▲
Issue No.978- It is Makrooh to recite the holy Qur’an in Sajdah. It is also Makrooh to blow off the dust from the place of Sajdah, and if, by so doing, one utters a two letter word intentionally, there will be harm in the prayers.

Obligatory Sajdahs in the Holy Qur’an▲
Issue No.979- As it was said earlier, there are verses in four Surahs of the holy Qur’an (Surah Alif-laam Mim Sajdah, 32:15, Surah Ha Mim Sajdah, 41:38, Surah an-Najm, 53:62 and Surah al-’Alaq, 96:19). Whenever a person recites the verse or hears it when recited by someone else, he should perform Sajdah immediately. And if he forgets to perform it, he should do so, as and when he remembers. If one hears the verse without any expectation, in an involuntary situation, he should perform Sajdah as an obligatory precaution. Issue No.980- If a person himself recites the Sajdah verse and at the same time hears it from someone else, it would be sufficient to perform one Sajdah. Issue No.981- If a person hears a verse of Sajdah, while he is in Sajdah other than that of the prayers or recites it himself, he should raise his head from that Sajdah, and perform another one. Issue No.982- If one hears the Sajdah verse from a tape recorder or a radio, he should perform Sajdah, as an obligatory precaution. Issue No.983- As an obligatory precaution, while performing the obligatory Sajdah of the holy Qur’an, one’s forehead should be placed on a thing on which Sajdah is permissible, and one should conceal his private parts and the place of Sajdah should not be a usurped one. However, it is not obligatory to observe other conditions that are required for the prayers. Issue No.984- When a person places his head on the ground with the intention of performing an obligatory prostration of the holy Quran it suffices even if he does not recite anything. However, it is better to recite a Zikr preferably the following: La ilaha illal lahu haqqan haqqa; La ilaha illal lahu imanan wa tasdiqa; La ilaha illal lahu ‘ubidiyyatan wa riqqa; Sajadtu laka ya Rabbi ta’abbudan wa riqqa ; La mustankifan wa la mustak biran bal ana ‘abdun zalilun za’ifun kha’ifun mustajir. Issue No.985- Although it is not necessary to face Qibla in performing the

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obligatory Sajdah of the holy Qur’an, it would be better to face it.

Tashahhud -8 ▲
Issue No.986- In the second Rak’at of all prayers, and in the last Rak’at (unit) of Maghrib, Isha, Zuhr and Asr prayers, one should sit after the second Sajdah with a tranquil body and recite Tashahhud thus: “Ash hadu an la ilaha illal lahu wahdahu la sharika lah, wa ash hadu anna Muhammadan ‘Abduhu wa Rasuluh, Alla humma salli ‘ala Muhammadin wa Ali Muhammad”. The words of Tashahhud should be recited in correct Arabic, and in usual succession. Issue No.987- If a person forgets Tashahhud, and rises and remembers before Ruku', he should sit down to recite it, and then stand up again and recite the Tasbihat again. But if he remembers this in Ruku' or thereafter, he should complete the prayers and his prayers will be in order and it is not necessary for him to return. However, as an obligatory precaution, he should perform the Qadha of Tashahhud and perform two Sajdatus sahv for the forgotten Tashahhud. Issue No.988- If a person doubts whether he has recited Tashahhud or not, and he has not yet stood up, he should recite it, and if he has entered the next Rak’at, he should not pay attention to his doubt. Issue No.989- It is recommended to sit on the left thigh during Tashahhud, and to place the upper part of the right foot on the sole of the left foot and to say: “Alhamdu lillah” or “Bismillahi wa billahi wal-hamdu lillahi wa khayrul asma’i lilah” before reciting Tashahhud. It is also recommended to place one’s hands on one’s thighs, with joined fingers, and to look at one’s laps, and to say “Wa taqabbal shafa’atahu warfa’ darajatahu” after finishing the first Tashahhud.

Salam -9 ▲
Issue No.990- In the last Rak’at of all prayers, after reciting Tashahhud, it is obligatory to say salam, and salam has three formulas: 1- Assalamu ‘alayka ayyuhan Nabiyyu wa rahmatullahi wa barakatuh, 2- Assalamu ’alayna Wa Ala Ibadi llahis Salihin, 3- Assalamu Alaykum Wa Rahmatullahi Wa Barakatuh. The obligatory salam is the third one, and one can suffice to it. However the second one cannot be said alone, and the first salam is a recommended one. Issue No.991- If a person forgets the salam of prayers, and remembers before the shape of the prayers has been upset or he has not done intentionally or forgetfully any acts that invalidate the prayers, such as turning away from Qibla, he should say salam and his prayers are in order. But if he remembers after the form of prayers has been disrupted, and he has not done intentionally or forgetfully any acts that invalidate the prayers, it is not necessary to say

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salam and his prayers are in order, and if he has done so before the shape of the prayers has been upset, he should, as an obligatory precaution, offer the prayers again.

(Tartib (Sequence -10 ▲
Issue No.992- A person who is offering prayers should observe the sequence of the acts of prayers as was explained in the previous issues, and if he intentionally changes the sequence of the prayers, for example, if he performs the two Sajdahs before Ruku', or if he recites Tashahhud before performing the two Sajdah, his prayers would become void. And if he changes the sequence by mistake, he should, if he has not yet entered the succeeding Rukn (basic element), return and do it so that the sequence is observed. If a person forgets a Rukn of the prayers and performs the succeeding Rukn, for example before performing Ruku' he performs the two Sajdahs, his prayers would become void.

(Muwalat (Maintenance of Succession -11 ▲
Issue No.993- A person should maintain continuity during prayers, viz. he should perform the various acts of prayers (for example, Ruku', Sajdahs and Tashahhud) consecutively and continuously and whatever he recites should be continuous in the usual manner. And he should not allow an undue interval between different acts, intentionally or forgetfully, and in case he allows such an interval between the different acts that the people do not say that he is offering prayers his prayers would be void. Issue No.994- If a person in prayers forgetfully allows a gap between letters, or words of Qira’at, or the words of Zikr or Tashahhud so that the form of Qira’at and the words are disrupted, but the form of the prayers is not disrupted, he should go back and recite it correctly. However, if he has engaged himself in the next Rukn his prayers is in order. Issue No.995- Prolonging Ruku' and Sajdah, and Qunut and reciting long Surahs in Qira’at, does not break continuity, rather it is preferred.

Qunut▲
Issue No.996- It is recommended that Qunut be recited in all obligatory and recommended prayers before the Ruku' of the second Rak’at, and it is also recommended that Qunut be recited before the Ruku' in the Witr (Midnight) prayers, although it is of one Rak’at only. However, the precaution is to abandon Qunut in the Shaf ’ prayers which is a part of the Midnight prayers. Issue No.997- In Friday Prayers, there is one Qunut in the first Rak’at before Ruku' and one Qunut in the second Rak’at after the Ruku'. In the Sign (Ayaat) Prayers there are five Qunuts and in Eid prayers there are five Qunuts in the

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first Rak’at and four Qunuts in the second Rak’at. Issue No.998- It is not necessary to recite a special Zikr or supplication in Qunut. It is better that while reciting Qunut a person should keep his hands in front of his face, join the palms of his hands, and keep them facing the sky, join all his fingers except the thumbs, and say the Zikr of Allah or recite supplications. Whatever a person recites in qunut is sufficient, even if he says, “Subhanallah” only once. However, it would be better to recite supplications such as the following: La ilaha illallahul Halimul Karim, La ilaha illallahul ‘Aliyyul ‘Azim, Subhanallahi Rabbis samawatis sab’, Wa Rabbil ‘arazinas sab’, wama fi hinna wama bayna hunna, wa Rabbil ‘arshil ‘azim, wal hamdu lillahi Rabbil ’alamin and ask Allah to fulfil his wishes in this world and the Hereafter. Issue No.999- It is recommended that Qunut is recited loudly. However, if a person is offering prayers in congregation and the Imam can hear his voice it is not recommended for him to recite qunut loudly. Issue No.1000- If a person does not recite Qunut intentionally, there is no qadha for it. And if he forgets it, and remembers it before reaching Ruku', it is recommended that he should stand up and recite it. And if he remembers while performing Ruku', it is recommended that he should perform its qadha after Ruku'. And if he remembers it while performing Sajdah, it is Mustahab that he should perform its qadha after Salam.

Translation of Prayers▲ Translation of Surah al-Hamd▲
Bismillahir Rahmanir Rahim (In the Name of Allah, the All-merciful, the All-compassionate) Alhamdu lillahi Rabbil ‘alamin (Special Praise be to Allah, the Lord of the world). Arrahmanir Rahim (The Compassionate, the Merciful). Maliki yaw middin ( Lord of the Day of Judgment). Iyyaka na’budu wa iyyaka nasta’in (You alone we worship, and to You alone we pray for help). Ihdinas siratal mustaqim (Guide us to the straight path). Siratal lazina an ‘amta ‘alayhim (The path of those whom You have favoured). Ghayril maghzub ‘alayhim walazzallin. (Not of those who have incurred Your wrath, nor of those who have gone astray).

Translation of Surah al-Ikhlas▲
Bismillahir Rahmanir Rahim (In the Name of Allah, the All-merciful, the All-compassionate) Qul huwallahu ahad (O Prophet!) Say : Allah is One). Allahus Samad (Allah is He Who is independent of all beings and all beings are dependent on Him). Lam yalid walam yulad (He begot none, nor was He begotten). Walam yakullahu kufuwan ahad (And none in the creation is equal to Him).

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'Translation of the Zikr in Ruku▲
Subhan Rabbi yal ‘Azimi wa bihamdih (Glory be to my Lord and I praise Him).

Translation of the Zikr in Sajdah▲
Subhan Rabbi yal A’la wa bihamdih (Glory be to my Lord, Most High, and I praise Him).

Translation of the Zikr in Tashahhud▲
Al Hamdu lillah, Ash hadu an la ilaha illal lahu wahdahu la sharika lah (All praise is for Allah, and I testify that there is none worth worshipping except the Almighty Allah, Who is one and has no partner). Wa Ash hadu anna Muhammadan ‘abduhu wa Rasuluh (And I testify that Muhammad is His servant and messenger). Alla humma salli ‘ala Muhammadin wa Ali Muhammad. (O Allah! Send Your blessings on Muhammad and his progeny).

Translation of Salam▲
Assalamu ‘alayka ayyuhan nabiyyu wa rahmatullahi wa barakatuh (O Prophet! Allah’s peace, blessings and grace be upon you!). Assalamu ‘alayna wa ‘ala ‘ibadil lahis salihin (Allah’s peace be on us, those offering prayers - and upon all pious servants of Allah). Assalamu ‘alaykum wa rahmatullahi wa barakatuh (Allah’s peace, blessings and grace be on you believers!).

Translation of Tasbihat Arba’ah▲
Subhanallahi wal hamdu lilahi wa la ilaha illalahu wallahu Akbar (Glory be to Allah, and all praise is for Him and there is no one worth worshipping other than Allah and He is Greater than any description).

Translation of Qunut▲
La ilaha illallahul Halimul Karim (There is none worth worshipping but Allah Who is Forbearing and Generous). La ilaha illallahul ‘Aliyyul ‘Azim, (There is none worth worshipping but Allah Who is Eminent and Grace). Subhanallahi Rabbis samawatis sab’, Wa Rabbil ‘arazinas sab’ (Glory be to Allah, Who is the Sustainer of the seven heavens and of the seven earth). wama fi hinna wama bayna hunna, wa Rabbil ‘arshil ‘azim, (And Who is the Sustainer of all the things in them, and between them, and Who is the Lord of the great ‘Arsh (Throne) [Divine Power]. wal hamdu lillahi Rabbil ’alamin (And all praise for Allah, the Sustainer of the Worlds).

(Ta’qib (Du'as after Prayers▲
Issue No.1001- It is recommended that after offering the prayers, one should engage himself in reciting supplications, and reading from the holy Qur'an. This

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is called Ta’qib and it is better that before he leaves his place, and before his Wudhu becomes void, he should recite Ta’qib facing Qibla. In the books of supplications many Ta’qibs have been narrated from the infallible Imams (a.s.). The Tasbih of Hazrat Fatima-tu-Zahra (peace be upon her) is one of those acts which have been stressed upon most. This Tasbih should be recited in the following order: Allahu Akbar 34 times, Alhamdulillah 33 times, Subhanallah 33 times Issue No.1002- It is recommended that after the prayers a person performs a Sajdah of thanksgiving, and that is to place one’s forehead on the ground with that intention. However, it is better that one should say Shukran lillah once, thrice, or a hundred times. And it is also recommended that whenever a person is blessed with divine bounties, or when the adversities are averted, he should perform a prostration of thanksgiving. Issue No.1003- It is highly recommended that whenever a person hears or utters the sacred name of the holy Prophet of Islam like, Muhammad or Ahmad, or his title like Mustafa or his patronymic appellation like Abul Qasim, he should say “Allahumma salli ‘ala Muhammadin wa Ali Muhammad”, even though he may be offering prayers at that time. Issue No.1004- It is recommended that after writing the sacred name of the holy Prophet, Salawat also be written with it. And it is better that whenever his name is mentioned, Salawat be sent on him, because Salawat is one of the Zikrs that entail profuse rewards.

Things Which Invalidate Prayers▲
Issue No.1005- Twelve things make prayers void, and they are called invalidating agents: 1) If one of the prerequisites of prayers ceases to exist, 2) When the Wudhu becomes void, 3) Folding hands during prayers, 4) Saying “Amin”, 5) Offering prayers with one’s back towards the Qibla, 6) Talking, 7) Laughing, 8) Weeping, 9) When the form of the prayers is upset, 10) Eating and drinking, 11) Doubt, 12) Adding or reducing basic elements.

If one of the prerequisites of prayers ceases to exist -1 ▲

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If one of the prerequisites of prayers ceases to exist while one is in prayers (like, if he comes to know that the dress with which he has covered himself is a usurped one).

When the Wudhu becomes void -2 ▲
Issue No.1006- If a person, intentionally or by mistake, or uncontrollably, commits an act which makes his Wudhu void. However, a person who is incontinent (unable to control urine or excretion), his prayers will not be void if he acts according to the rules explained earlier in the section relating to Wudhu. Similarly, if a woman sees blood of Istihaza during prayers, her prayers is not invalidated if she has acted according to the rules of Istihaza, his prayers will be invalid. Issue No.1007- If a person falls asleep involuntarily, for example, while performing Sajdah he falls asleep, and wakes up in Sajdah, and doubts whether he is in the Sajdah of the prayers or in the Sajdah of Shukr, he should pray again.

Folding hands during prayers - 3 ▲
Issue No.1008- The third thing that invalidates prayers is to fold hands in the way some of the Muslim sects do. If a person folds his hands or puts them on his chest as a mark of humility and reverence, the precaution is that he should repeat the prayers, even if it does not look like them. However, there is no harm if it is done forgetfully or due to helplessness, or for some other purposes, like, scratching.

” Saying “Amin - 4 ▲
Issue No.1009- The fourth thing which invalidates prayers is to say ‘Amin’ after Surah al-Hamd. If one says “Amin”, he should, as an obligatory precaution, complete the prayers and offer it again. However, there is no harm, if one utters it erroneously or under taqiyah (dissimulation).

Offering prayers with one’s back towards the Qibla - 5 ▲
Issue No.1010- The fifth thing that invalidates prayers is to turn one’s back toward Qibla, or deviate towards one’s right or one’s left intentionally or forgetfully. Also, if he intentionally deviates so much so that it cannot be said that he is facing Qibla, his prayers will be void. Issue No.1011- If a person turns his face completely away from Qibla, intentionally or by mistake, he should pray again, as an obligatory precaution. However, if the turning of face is so minimal that it can be said that he is facing Qibla, then his prayers will not be invalidated.

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Talking -6 ▲
Issue No.1012- The sixth thing that invalidates prayers is to talk, even one sentence, or a word, or even a two letter word (e.g. we), or even if the two letters have no meaning, the prayers will be void, , as a measure of precaution. (Precaution with regard to the invalidating agents means that one should complete the prayer and then offer it again). Issue No.1013- Talking by mistake or forgetfully does not invalidate the prayer. Issue No.1014- If one utters a single word consisting of one single letter which has a meaning, like Qi in Arabic which means ‘protect’ and one intends its meaning, his prayers would be void, but if he does not intend its meaning, but takes notice of its meaning , he should, as a precaution, pray again. Issue No.1015- Coughing, heaving a sigh and sneezing do not invalidate prayers, although it may be intentionally. However, uttering ‘Ouch’ or ‘Ah’ and similar meaningful words intentionally will make prayers void, as an obligatory precaution. Issue No.1016- Zikr of Allah, reciting Qur’an and supplication anywhere in prayer is permissible, and if one utters a sentence like ‘Allahu Akbar” with the object of Zikr, but raises his voice to indicate something, there is no harm in it. However, there is harm if the supplication or Zikr is in any language other than Arabic. Issue No.1017- There is no objection to repeating the verses of Surah al-Hamd or other Surahs, or the Zikrs of Ruku', Sajdah and tasbihat, for thawab or for precaution but if it is due to obsession or scrupulousness, there will be problem in it. Issue No.1018- A person offering prayers should not greet anyone with Salam, and if another person says Salam to him, it is obligatory to respond him by using the same words without adding anything to it. For example, if someone says Assalamu Alayk, he should say in reply Assalamu Alayk, and if he says Salamun Alaykum, he should also say Salamun Alaykum in reply. Even if he says Salam, he should say Salam in reply to him. Issue No.1019- It is also obligatory to reply to someone salam when one is not offering prayer. However, the reply to Salam should be given at once, irrespective of whether one is praying or not. Saying Salam is recommended and one should reply to it in a way that it is reckoned to be the reply to Salam. That is to say, if he delays the reply so much that it may not be reckoned to be a reply to that Salam, then he has committed a haraam act, and it would no longer be obligatory to reply to it.

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Issue No.1020- If a person in prayers does not respond to Salam, his prayers are in order, though he has committed a sin. Issue No.1021- It is obligatory to reply to a Salam in a way that one who greets him can hear it. However, if he who says Salam is deaf or he is in a place where there is a lot of noise and the greeted person replies in the usual way, it will be sufficient, and as a measure of precaution, he should also make reciprocation by sign. Issue No.1022- It is obligatory that a person, who is in prayers, responds to Salam with the intention of replying to Salam, not with the intention of reciting some verses of the holy Qur’an, etc. Issue No.1023- If a man or a Na-mahram woman, or even a discerning child (one who can distinguish between good and evil) says Salam to a person in prayers or out of prayers, he should respond. Issue No.1024- It is not necessary to respond to a Salam which is said in jest or in a joking way or it is said in a wrong way that it is not reckoned as Salam. If a non-Muslim individual says Salam, the obligatory precaution is to answer saying ‘Salam’, or ‘Alayka’ only. Issue No.1025- If a person enters a place and says Salam to a group of people present there, it is obligatory for all of them to give a reply. However, if one of them replies, it is sufficient. Issue No.1026- If a person says Salam to a group of people among whom some are offering prayers, and a person doubts whether Salam was intended for him or not, it will not be necessary for him to give a reply. And if the person offering prayers is sure that he was also intended by the one who greeted, but some one else has made a response, he does not have to reply. But if he is sure that he was among the group for whom Salam was intended, and no one has replied, then he should reply. Issue No.1027- It is a highly recommended act to greet with Salam, and stress has been laid on it in the holy Qur’an and Islamic narrations, and it has been emphatically enjoined that a person who is riding should greet one who is walking, and a person who is standing should greet one who is sitting, and a younger person should greet an elder. Issue No.1028- If two persons simultaneously say Salam to each other, each one of them should, on the basis of obligatory precaution, reply the Salam of the other. Issue No.1029- Sometimes some people say in reply to a greeting “Salam is

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from me” (or, it is me greeting you.), this is not sufficient. In fact, Salam is reckoned to be from the opposite party, and both of them should reply to it, as a measure of precaution. Issue No.1030- It is recommended that one’s response to Salam should be better and more expansive, (except in prayers where one should, as was explained before, answer in the same words) For example, when one says salamun alaykum, the other should say “Salamun Alaykum Wa rahmatullah” in reply.

Laughing - 7 ▲
Issue No.1031- The seventh thing that makes prayers void is an uncontrollable and intentional loud laugh. However, smiling does not make prayers void, though it may be intentional, and also laughing by mistake, thinking that one is not offering prayers, does not make the prayers void. Issue No.1032- If in order to control his laughter, the condition of the person in prayers changes, like, if the colour of his face turns red, and his body moves in a way that the form of the prayers is changed, then his prayers is void, but there is no harm in it if it does not reach to this extent.

Weeping - 8 ▲
Issue No.1033- The eighth thing that makes the prayers void is to weep loudly, though involuntarily, over some worldly matters. Rather, as an obligatory precaution, if one weeps silently, it will make the prayers void. But, if he weeps silently or loudly due to fear of Allah, or for the Hereafter, there is no harm in it. In fact, it is among the best acts.

When the form of the prayers is upset - 9 ▲
Issue No.1034- The ninth thing that makes the prayers void is any act which changes the form of prayers like, clapping, or jumping, etc., regardless of whether that act is done intentionally or forgetfully. However, there is no harm in actions which do not change the form of prayers, like, making a brief sign with one’s hand. Issue No.1035- If a person remains silent during prayers for so long that it may not be said that he is offering prayers, his prayers is invalidated. But if he remains silent for sometime and then doubts whether this amount of silence has invalidated his prayers or not, his prayers is in order. Similarly, if he performs an extraneous act during prayers and he doubts whether it has changed the form of his prayers or not, his prayers will be in order.

Eating and drinking - 10 ▲

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Issue No.1036- The tenth thing that makes the prayers void is eating or drinking. If a person offering prayers eats or drinks in such a manner that people would not say that he was in prayers, his prayers would be void. But, if there are small particles of food, etc. left in his mouth and during the prayers he swallows them, it does not invalidate the prayers.

Doubt - 11 ▲
Issue No.1037- The eleventh thing that makes the prayers void is any doubt concerning the number of Rak'ats in those prayers which consist of two or three Rak'ats. Also, if one doubts about the number of the first two Rak’ats of prayers having four Rak’ats, his prayers will be void.

Adding or reducing basic elements - 12 ▲
Issue No.1038- The twelfth thing that makes the prayers void is to omit or add the Rukn (basic element) of the prayers, either intentionally or forgetfully. For example, if a person omits or adds the Ruku' or the two Sajdah together, his prayers will be void. There is no harm in omitting or adding forgetfully acts which are not Rukn (e.g. omitting or adding one Sajdah), but if one adds or omits it purposely, it will make the prayers void. Issue No.1039- If a person doubts after the prayers, whether or not he performed any such act which invalidates the prayers, he should ignore his doubt and his prayers will be in order.

Things Which Are Makrooh in Prayers▲
Issue No.1040- Any act which disturbs the attention and humility of a person in prayers is Makrooh, like turning one’s face towards right or left (of course, if it is construed as deviation from Qibla, the prayers would be harmed). It is also Makrooh to play with one’s beard and hands, to cross the fingers of one hand into those of another hand, to spit, and to look at the writing of a ring. It is also Makrooh to become silent while reciting Surah al-Hamd, or any other Surah, or Zikr, so as to listen to someone’s conversation. It is also Makrooh to pray when he is feeling drowsy, or when he restrains his urge for urinating or defecation or when he has a tight dress on.

Occasions When Obligatory Prayers Can Be Broken▲
Issue No.1041- It is not permissible, on the basis of obligatory precaution, to break obligatory prayers purposely. But if one has to break it in order to prevent considerable financial and physical harm, there would be no objection in doing so. However, if his own life, or the life of a person whose protection is obligatory upon him, is in danger, and he cannot avert the danger without breaking the prayers, he should break his prayers. Also, one should break his

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prayers to protect a property the protection of which is obligatory on him. However, it is Makrooh to break one’s prayers for a property which is not so important. Issue No.1042- If a creditor demands payment from a person who is praying, it is better to pay him while praying, if it is possible and if the shape of the prayers is not upset. But if it is not possible to do so without breaking the prayers, he should wait till the prayers is finished. And this amount of delay is not in contrast with the immediate payment of the debt. However, in case it is necessary to pay the creditor immediately due to a particular necessity (for example, when the companions and co-travellers of the creditor would leave and he would face trouble), it is necessary that he should break his prayers and pay his debt. Issue No.1043- If a person learns during his prayers that the mosque has become impure and if making the mosque pure does not change the form of prayers, he should make it pure, otherwise, he should do so after completing the prayers, and he should not, as a measure of precaution, prolong his prayers. Issue No.1044- In a situation where one must break prayers, if he goes on praying, there will be problem in his prayers, and he has committed a sin. Issue No.1045- If a person offering prayers remembers before going to Ruku' that he has forgotten Adhan and Iqamah, and he has sufficient time at his disposal, it is better to break the prayers and recite Adhan and Iqamah and start offering the prayers again.

Doubts in the Prayers▲
Issue No.1046- There are 23 kinds of doubts which one can have while praying: 1- Eight doubts are those which invalidate the prayers 2- Six doubts are those which should be ignored. 3- The remaining nine doubts are valid doubts. God willing, all of these doubts will be explained in the coming issues.

Doubts Which Make Prayers Void -1 ▲
Issue No.1047- The following 8 doubts make prayers void: 1- Doubts about the number of Rak’ats of the two Rak’at prayers, like Fajr prayers, or the prayers offered by a traveller. However, doubt about the number of Rak’ats in recommended (two-Rak’at) prayers does not make the prayers void. 2- Doubts about the number of Rak'ats occurring in prayers consisting of 3 Rak'ats, that is, Maghrib prayers. 3- Doubts occurring in four-Rak’at prayers as to whether one has performed

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one Rak’at or more. 4- Doubt in prayers of 4 Rak'ats before going into the second Sajdah, as to whether he has performed 2 Rak'ats or more. 5- Doubt between 2 and 5 Rak’ats or between 2 and more than 5 Rak’ats. 6- Doubt between 3 and 6 Rak’ats or between 3 and more than 6 Rak’ats. (Of course, such doubts rarely occur, yet, their rules should be made clear). 7- Doubt between 4 and 6 Rak’ats or between 4 and more than 6 Rak’ats. But, here one should, as an obligatory precaution, act in the same way as he acts when he entertains a doubt between 4 and 5. That is, he should assume that he has performed four Rak’ats and should complete the prayers and thereupon he should perform two Sajdatus Sahv and then offer the prayers again. 8- Doubt in the number of the Rak’ats of the prayers when one does not know how many Rak’ats he has performed. Issue No.1048- If one of those doubts which makes prayers void, occurs to a person while praying, he cannot break the prayers immediately. In fact, he should, first, think about it for a while, and if the situation is not ascertained and the doubt persists, then he may break the prayers.

Invalid Doubts -2 ▲
Issue No.1049- The following doubts should be ignored: 1- Doubt about an act whose time of performance has already passed. 2- Doubt occurring after the Salam of prayers. 3- Doubt after the time of prayers has already passed. 4- Doubt of a person who doubts too much. 5- Doubt by the Imam (one who leads the congregation prayers) and the ma’mum (follower of Imam in the congregation prayers). 6- Doubt which occurs in recommended prayers. All of these will be explained in the coming issues.

First: Doubt about an Act Whose Time of Performance Has Passed▲
Issue No.1050- If while offering prayers a person doubts, after the time of performance of an act has passed, as to whether or not he has performed that act or not, like, if he doubts, while in Ruku', whether or not he has recited Surah al-Hamd or Surah or after he goes to Sajdah, doubts whether or not he has performed Ruku', he should ignore his doubts in all these cases irrespective of whether the next act is a Rukn (basic element) or a non-Rukn. Issue No.1051- If a person doubts in the verses of Surah al-Hamd or Surah , like when he doubts whether he has recited the preceding verse or not, or doubts whether he has recited the preceding word or not, he should, as a measure of precaution, go back and recite it with the intention of Qurbat and then continue it.

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Issue No.1052- If a person doubts after Ruku' or Sajdah when he is sure that he has recited the obligatory Zikr but is not sure whether or not he has performed it correctly and with all the necessary conditions, he should ignore his doubt. Issue No.1053- If a person doubts while rising to stand, whether or not he has performed Tashahhud, or while going into Sajdah, doubts whether or not he has performed Ruku', the obligatory precaution is to go back and perform it. Issue No.1054- If a person, who is offering prayers sitting or lying, doubts at the time of reciting Surah al-Hamd or Tasbihat Arba’ah, whether or not he has performed Sajdah or Tashahhud, he should ignore his doubt. And if the doubt occurs before reciting Surah al-Hamd or Tasbihat Arba’ah, he should perform them. Issue No.1055- If a person before engaging an act doubts whether or not he has done the preceding act, and he goes back to it and performs it, then later, he realises that he had performed it earlier and the second performance had been additional, if that act is a Rukn, his prayers will become void, and if it is not a Rukn, his prayers will be in order. Issue No.1056- If a person doubts after he has performed an act whether he has done it or not and he ignores his doubt and proceeds with the next act according to the rule, thereupon he realises that he had not performed that act, in case he has not yet entered the next Rukn, he should go back and perform it, but if he has entered the next Rukn, his prayers will be in order, in case that act which he had not performed is not a Rukn. Issue No.1057- If a person doubts whether or not he has said Salam of prayers, or doubts whether or not he has said it correctly, when he has already started another prayer, or has engaged with something that changes the form of prayers, he should ignore his doubt, but if he doubts before these acts, he should say Salam.

Second: Doubt after Salam▲
Issue No.1058- If a person becomes doubtful after the Salam of prayers, as to whether or not he has offered the prayers correctly, like, if he doubts about the numbers of the Rak’ats of prayers, or the conditions of prayers such as Qibla or ritual purity or doubts about the parts of prayers such as Ruku' and Sajdahs, he should ignore his doubt.

Third: Doubt after the Time of Prayers▲
Issue No.1059- If a person doubts, after the time for prayers has already passed, as to whether he has offered the prayers or not, or if he suspects that

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he may not have offered, it is not necessary for him to offer that prayers. If, however, he doubts before the expiry of the time for that prayers, as to whether or not he has offered it, he should offer it, even if he has a feeling that he might have done so. Issue No.1060- If, after, the time for Zuhr and Asr prayers has passed, a person knows that he has offered only 4 Rak’ats, but does not know whether it has been with the intention of Zuhr or Asr prayers, he should, offer 4 Rak’ats of qadha prayers, with the intention that he is praying that which is obligatory upon him. However, if after the time for Maghrib and Isha prayers has elapsed, a person knows that he has offered one prayer, but does not know whether it was of 3 or 4 Rak’ats, he should offer qadha of Maghrib and Isha prayers.

Fourth: One Who Doubts Too Much▲
Issue No.1061- Kathirush shak is a person who doubts quite often. One such person should ignore his doubts, whether his doubt relates to the number of the Rak’ats or to parts of prayers or the conditions of prayers. Issue No.1062- Kathirush shak is a person who can be said by others that he doubts quite frequently. And if a person doubts three times in one prayers or doubts once in every three prayers consecutively, he is regarded as Kathirush shak. Issue No.1063- If a person temporarily becomes Kathirush shak due to an exceptional case such as sickness, anger, or calamity, he should pay heed to his doubt and act according to rules prescribed for it. Issue No.1064- Ignoring one’s doubt means that he should take the side of the doubt which is to his benefit. For instance, if he doubts whether he has performed Sajdah or Ruku', he should decide that he has performed it, though he may have not yet passed its place, or if he doubts whether he has performed two Rak’ats or three Rak’ats while offering Fajr prayers, he should consider that he has performed two Rak’ats. Issue No.1065- If a person, who doubts frequently about a particular act of prayers, (for example, in Surah al-Hamd and Surah), doubts about other acts of prayers, he should act according to the rules of doubt. He should ignore the doubt about the act which he frequently doubts about. Also, if a person frequently doubts in a particular prayer like Fajr prayers, he should only ignore the doubt in that prayers, or if a person frequently doubts in a particular place, for example, if he often doubts while offering prayers in congregation, he should ignore his doubts only in that situation. Issue No.1066- A person who doubts whether or not he has become one of

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those who doubt too much (Kathirush shak), he should assume that he is not of them. On the contrary, if he has been Kathirush shak, insofar as he is not sure that he has returned to the normal condition, he should ignore his doubt. Issue No.1067- If a Kathirush shak person doubts whether or not he has performed a Rukn (e.g. Ruku'), and ignores his doubt, but remembers later that he had actually not performed it he should perform it, if he has not gone into the next Rukn. And if he has commenced the next Rukn, his prayers is void. But if he doubts about an act which is not a Rukn and remembers later that he had not performed it, if he has not gone into the next Rukn, he should perform it, and if he has entered the next Rukn, he should not return and his prayers will be in order. Issue No.1068- Obsessive persons should not act on their certainty and doubt, rather they should act like normal individuals irrespective of whether they become sure or not; otherwise, their prayers would be void in many cases.

Fifth: Doubt of Prayer Leader and Follower▲
Issue No.1069- If an Imam (prayer leader) who is leading a congregational prayer, doubts about the number of Rak’ats, like, if he doubts whether he has performed three or four Rak’ats, he will follow the indication given by the follower who is certain about the numbers. On the contrary, if the Imam knows how many Rak’ats he has performed, but the follower doubts, the latter should follow the Imam and ignore his doubt. Issue No.1070- In order to inform the Imam, the follower may hit his knee for the number of the Rak’ats of the prayers or say Allahu Akbar, or inform him in any other way which does not involve talking or acts that invalidate prayers. However, he should not rise before the Imam to continue his prayers.

Sixth: Doubt in Mustahab Prayers▲
Issue No.1071- If a person doubts about the number of Rak’ats in a recommended prayer, and if the higher side makes the prayers void, he should decide on the lesser side of the doubt. And if neither side makes the prayers void, he has the choice to decide on the two sides. For example, if he doubts whether he has preformed 1 or 2 Rak’ats, he is free to decide either way. But if he doubts whether he has performed 2 or 3 Rak’ats, it is necessary that he should assumed that that he has performed 2 Rak’ats. Issue No.1072- Omission or addition of Rukn in recommended (Nafilah prayers) invalidates it too. Issue No.1073- There is no difference between doubts in the acts of obligatory

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or recommended prayers. For example, if one doubts about Surah al-Hamd or Ruku', and its stage has not passed, he should perform it, and if it has, then he should ignore it. Issue No.1074- In recommended prayers, one should act, as an obligatory precaution, upon his own guess, as long as it does not invalidate the prayers. For example, if he thinks that he has offered 2 Rak’ats, he should pay heed to that probability, and if he thinks that he has offered 3 Rak’ats, he should assume that he has offered 2 Rak’ats only. Issue No.1075- There is no Sajdatus Sahv for recommended prayers. That is to say, if a person in Nafilah prayers performs an act which, if he had performed in an obligatory prayers, it would have been necessary for him to do Sajdatus Sahv. Also, the forgotten Sajdah and Tashahhud in Mustahab prayers have no Qadha. Issue No.1076- If a person doubts, after the time of Nafilah has elapsed, whether he has offered it or not, he should ignore his doubt, but if there is still time left, he should offer it.

Doubts Which Are Valid▲
Issue No.1077- As it was said earlier, there are nine situations in which a person can have doubts about the number of Rak'ats in the prayers consisting of four Rak'ats. In those situations, one should pause to think, and if he arrives at any decision or probability, he should act accordingly. If doubt persists, he should follow these rules: First- If a person, doubts after the second Sajdah, whether he has performed 2 Rak’ats or 3, he should assume that he has performed 3 Rak’ats, and finish the prayers after performing one more Rak’at. And after finishing the prayers he should offer 1 Rak’at of Precautionary Prayers standing. And if he doubts, after the obligatory Zikr while he is in the second Sajdah, he should, as an obligatory precaution, follow the same rule, and reoffer the prayers as well (This rule applies to all the situations in which the doubt occurs after finishing the second Sajdah). Second- If one doubts at any stage during prayers, whether he has performed 2 or 4 Rak'ats, he should assume that he has offered 4 Rak’ats and finish his prayers. Thereafter he should offer 1 Rak’at Precautionary Prayers standing or 2 Rak’ats in the sitting position. Third- If after the second Sajdah, a person doubts whether he has performed 2 Rak’ats or 4, he should assume that he has performed 4 Rak’ats, and finish his prayers. He should then offer 2 Rak’ats of Precautionary Prayers in a standing posture. Fourth- If a person doubts, after the second Sajdah, whether he has performed 2, 3 or 4 Rak’ats, he should assume that he has performed 4 Rak’ats, and finish

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his prayers. He should then offer 2 Rak’ats of Precautionary Prayers, standing and then 2 Rak’ats in the sitting posture. Fifth- If a person doubts, after the second Sajdah, whether he has performed 4 Rak’ats or 5, he should assume that he has performed 4 Rak’ats and finish his prayers. After that he should perform 2 Sajdatus Sahv. Sixth- If a person doubts while standing, as to whether he has performed 4 Rak’ats or 5, he should sit down so that his doubt is changed to 3 Rak’ats and 4. Then he should assume that he has performed 4 Rak’ats and finish his prayers. Thereafter, he should offer one Rak’at of Precautionary Prayers standing or 2 Rak’ats in the sitting posture. Seventh- If a person doubts while standing, as to whether he has performed 3 Rak’ats or 5, he should sit down so that his doubt is changed to 2 Rak’ats and 4, then, he should assume that he has performed 4 Rak’ats and finish his prayers. Thereafter, he should offer 2 Rak’ats of Precautionary Prayers in a standing posture and reoffer the prayers, as an obligatory precaution. Eighth- If a person doubts while standing, as to whether he has performed 3, 4 or 5 Rak’ats, he should sit down so that his doubt is changed to 2, 3 and 4 Rak’ats, then, he should assume that he has performed 4 Rak’ats and complete his prayers. Thereafter, he should offer 2 Rak’ats Precautionary Prayers in a standing posture and then offer 2 Rak’ats in the sitting posture, and he should, as a measure of precaution, offer the prayers again. Ninth- If a person doubts while standing, as to whether he has performed 5 Rak’ats or 6, he should sit down so that his doubt is changed to 4 Rak’ats and 5, then, he should assume that he has performed 4 Rak’ats and finish his prayers. After that he should perform 2 Sajdatus Sahv, and offer the prayers again, as a measure of precaution. Issue No.1078- When a person has any of the above valid doubts, he should not break the prayers; rather he should act according to the rules given above. One, who faces one of the above situations, should first think a little, and if he arrives at any decision or probability, he should act accordingly. And if the doubts are among those that are invalid, he should leave the prayers. But if they are among the valid doubts, he should act according to their prescribed rules. Issue No.1079- ‘Opinion and feeling’ in the Rak’ats of prayers are treated as certainty. That is, one should decide as per one’s feeling and opinion, and continue the prayers. However, if he doubts in the first and the second Rak’ats of prayers, he should, as an obligatory precaution, offer the prayers again. Issue No.1080- If initially the feeling of a person is inclined on one side, and later both the sides become equally strong, and bear the situation of doubt, he should act according to the rules of doubt. On the contrary, if initially it bore the situation of doubt but later his feeling inclines to one side, he should adopt it

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and complete the prayers. However, if it is a doubt that invalidates the prayers and if it persists, one should start the prayers afresh. The doubt changing into a feeling is not effective. Issue No.1081- If a person does not know whether the state which he is in is ‘doubt’ or ‘feeling’, he should act according to the rules of doubt. Issue No.1082- If a person is reciting Tashahhud or has entered the following Rak’at, and doubts whether he has performed the two Sajdahs or not, and at the same time falls into a type of doubt which would be valid only if it occurred after completing two Sajdah (e.g. doubt between 2 and 3 Rak’ats), he should assume that he has done two Sajdahs and should act according to the rules of doubt, and his prayers would be in order. However, if he doubts before passing the Sajdah, his prayers will be void. Issue No.1083- If one doubt of a person is allayed and another doubt takes its place, he should act according to the rules of the second doubt. For example, if he doubted first whether he had offered 2 or 3 Rak’ats, and later he becomes sure that he had performed 3 Rak’ats and doubts whether he has offered 3 or 4 Rak’ats, he should act according to the rules of the second doubt. Issue No.1084- If a person knows that while praying he doubted, but does not know whether his doubt was about 2 and 4 Rak'ats or about 3 and 4 Rak'ats, he should, as an obligatory precaution, act according to the rules of both the doubts, and offer the prayers again. Issue No.1085- If a person who prays in the sitting posture has a doubt, which would oblige him to perform either 1 Rak’at of Precautionary Prayers standing or 2 Rak’ats in the sitting posture, he should offer 1 Rak’at sitting. And if he has a doubt, for which his obligation is to offer two Rak’ats of Precautionary Prayers in the standing posture, he should offer 2 Rak’ats sitting. He should also act in the same manner with other doubts. Issue No.1086- If a person, who normally offers prayers in the standing position, becomes unable to stand while offering Precautionary Prayers, he should offer it as one who offers prayers in the sitting posture. Rules of these have been detailed above. On the contrary, if a person, who normally offers prayers in the sitting posture, becomes able to stand while offering the Precautionary Prayers, he should offer it as one who offers prayers in the standing posture.

Method of Offering Precautionary Prayers▲
Issue No.1087- A person, for whom it is obligatory to offer “Precautionary Prayers”, should make its intention immediately after the Salam of prayers, and

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pronounce Allahu Akbar, and recite Surah-al-Hamd (not the Surah) and then perform Ruku' and two Sajdahs. If he has to perform 1 Rak’at of Precautionary Prayers, he should recite Tashahhud and Salam of the prayers after the two Sajdahs. If it is obligatory for him to perform 2 Rak’ats of Precautionary Prayers, he should perform, after the 2 Sajdahs, another Rak'at like the first one, and then complete with Tashahhud and Salam. Issue No.1088- Precautionary Prayers does not have Adhan, Iqamah, Surah and Qunut, and Surah al-Hamd should be recited silently, and the obligatory precaution is that its 'Bismillah' should also be pronounced silently. And one should not do any thing, between the original prayers and the Precautionary Prayers, which would invalidate the prayers. Issue No.1089- If a person realises before starting the Precautionary Prayers that the prayer which he had offered was correct, it is not necessary to offer it, and if he realises this during Precautionary Prayers, it is not necessary to complete it. Issue No.1090- If a person becomes certain before starting Precautionary Prayers, that the prayers he had offered had lesser Rak’ats (for example, instead of 4 Rak’ats he had offered 3 Rak’ats), if he has still not performed an act which would invalidate the prayers, he should complete those parts of the prayers that he had not performed, and as a precaution, also perform 2 Sajdatus Sahv for the extra Salam. And if he has performed an act which invalidates prayers, he should repeat the prayers. Issue No.1091- If a person realises after Precautionary Prayers, that the deficiency in his original prayers was equal to Precautionary Prayers, like if he offers 1 Rak’at of Precautionary Prayers in the case of doubt about 3 and 4 Rak’ats, and it transpires later that he had actually offered 3 Rak’ats in the original prayers, his prayers will be in order. And if he realises that the deficiency in his original prayers was less than the Precautionary Prayers, he should, as an obligatory precaution, offer the deficiency of the prayers immediately, and should also repeat his original prayers. And if he learns that the deficiency of his original prayers was more than the Precautionary Prayers, if he has not performed an act after the Precautionary Prayers which invalidates the prayers, the obligatory precaution is that he should perform the deficiency of the prayers and then repeat his original prayers as well. Issue No.1092- If a person doubts whether or not he offered the Precautionary Prayers which was obligatory on him, if the time of prayers has lapsed, he should ignore the doubt. And if he has time at his disposal, and he has not performed an act which invalidates the prayers, he should offer Precautionary Prayers and if he has performed an act which invalidates the prayers, the obligatory precaution is that he should offer Precautionary Prayers and repeat

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his prayers as well. Issue No.1093- The rules of the Precautionary Prayers as to addition or omission of the Rukn and the non-Rukn parts and doubts in performing the parts are the same as those of other obligatory prayers. Issue No.1094- When a person doubts about the number of the Rak’ats of Precautionary Prayers, he should decide on the higher side, but if the higher side renders the Precautionary Prayers void, he should decide on the lesser and his prayers will be in order. Issue No.1095- If an act which is not a Rukn, is omitted or added forgetfully in Precautionary Prayers, it will not be necessary to perform sajdatus sahv for it. Issue No.1096- If a person forgets Tashahhud or Sajdah in Precautionary Prayers, the obligatory precaution is that he should give its Qadha after Salam. Issue No.1097- If a man has an obligation to perform Precautionary Prayers, qadha of a Sajdah, or qadha of Tashahhud, or two sajdah sahv, he should first offer Precautionary Prayers, then give the qadha of Sajdah or Tashahhud and then sajdatus sahv. Issue No.1098- There is no difference between the rules of doubt, forgetting, and probability or strong feeling, regardless of its occurring in the daily obligatory prayers or other obligatory prayers. For example, if one doubts in prayers of Ayaat, whether he has performed 1 Rak’at or 2, his prayers will be void, because it is a doubt which has occurred in a prayers consisting of 2 Rak’ats. Also, the rules of doubt, mistake, and strong feeling will apply to other prayers in the same way as they apply to the daily prayers. Situations Where Sajdatus Sahv Becomes Obligatory Issue No.1099- One should, as an obligatory precaution, perform two Sajdatus Sahv after prayers in a few cases according to the rules that will be explained later. Those cases for which Sajdatus Sahv becomes obligatory are the following: 1- For talking forgetfully during prayers thinking that the prayers has finished, 2- Reciting Salam at the wrong place, like forgetfully reciting them in the second Rak’at of a four Rak’at prayer, 3- Forgotten Sajdah, 4- Forgotten Tashahhud, 5- If one erroneously sits down where he should stand, and vice versa. 6- When there is a doubt between 4 and 5 Rak’ats after the second Sajdah, it is obligatory to complete the prayers, and then perform 2 Sajdatus Sahv. And for omission or addition other than these, performance of Sajdah Sahv is

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recommended.

Rules of Sajdatus Sahv ▲
Issue No.1100- If a person makes an error in some recitation, and then repeats to correct it, Sajdatus Sahv will not be obligatory upon him. Issue No.1101- If a person talks for some time in the prayers by mistake, and if this does not make him come out of the form of prayers, and if the process is construed as having talked just once, two Sajdatus Sahv will be sufficient for all of these. Issue No.1102- If a person forgetfully says “as Salamu alayka Ayyuhan Nabiyyu Wa Rahmatullahi Wa Barakatuh”, Sajdatus Sahv will not be obligatory upon him, rather it is recommended. But, if he says a part of the other two Salams, the obligatory precaution is to perform Sajdatus Sahv. And if at a place where the Salam of prayers is not to be said, a person forgetfully says the three Salams, it will be sufficient to perform two Sajdatus Sahv. Issue No.1103- If a person does not perform Sajdatus Sahv after the Salam of prayers intentionally, he commits a sin, and it is obligatory upon him to perform it as early as possible. His prayers, however, will not be void. Issue No.1104- If a person doubts whether or not two Sajdatus Sahv have become obligatory upon him, it is not necessary for him to perform them. However, if he doubts whether two or four Sajdatus Sahv have become obligatory upon him, it will be sufficient if he performs two Sajdatus Sahv.

The Method of Offering Sajdatus Sahv ▲
Issue No.1105- Immediately after the Salam of prayers, one should make an intention of performing Sajdatus Sahv, and then go to Sajdah and say, “Bismillahi wa billah assalamu ‘alayka ayyuhan Nabiyyu wa rahmatullahi wa barakatuh.” Then one should sit up and perform another Sajdah reciting the above-mentioned Zikr. After performing the second Sajdah, one should sit up again and recite Tashahhud and then say the Salam of the prayers. The precaution is to suffice to the obligatory part of Tashahhud and say the last Salam only. Issue No.1106- Sajdatus Sahv should be performed in the state of wudhu while facing Qibla with the body and dress being pure, and one should place his forehead on an object on which Sajdah is permissible.

Qadha of the Forgotten Sajdah and Tashahhud▲
Issue No.1107- If a person forgets one or a few Sajdah, he should perform the

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qadha of each of them after the prayers (Of course, if one forgets the two Sajdahs of one Rak’at, his prayers is void). Also if he forgets Tashahhud, he should perform its qadha immediately after the prayers. And in addition to the qadha of Sajdah and Tashahhud, he should, as an obligatory precaution, offer two Sajdatus Sahv for each of them. (However, as it was said earlier, Tashahhud of Sajdatus Sahv will suffice for the forgotten Tashahhud). Issue No.1108- If a person forgets Sajdah and Tashahhud, and offers its qadha after prayers, he should fulfil all the conditions of prayers, like his body and dress being pure, and facing the Qibla, and all various other conditions, and he should perform the qadha immediately after the prayers. Issue No.1109- If a person forgets one Sajdah and Tashahhud, the obligatory precaution is to offer first the qadha of the one that he forgot first, and if he does not know which one he first forgot, he should, as a precaution, perform one Sajdah, and then a Tashahhud, and then perform another Sajdah to make sure that he has performed the qadha of the Sajdah and Tashahhud in the order that he had forgotten. Issue No.1110- If a person performs an act after prayers that changes the form of the prayers or invalidates the prayers, (like turning his back towards Qibla), he should perform the qadha of the Sajdah and Tashahhud and he should, as an obligatory precaution, repeat the prayers. And if he does something that makes Sajdatus Sahv obligatory upon him, he should, as a precaution, perform Sajdatus Sahv after performing the qadha of Sajdah or Tashahhud. Issue No.1111- If one doubts whether or not he has forgotten a Sajdah or Tashahhud, it is not obligatory to perform its qadha, but if he knows that he has forgotten one of them but he does not know which one, he should offer qadha for both of them and there is no objection to offering either of them first. Issue No.1112- If a person has to offer qadha of a Sajdah or Tashahhud as well as Sajdatus Sahv, he should offer qadha of Sajdah or Tashahhud first, and then do Sajdatus Sahv. Issue No.1113- If a person doubts whether or not he has offered after prayers the qadha of the forgotten Sajdah or Tashahhud that was an obligation upon him, he should perform the qadha of the Sajdah or Tashahhud if the time of the prayers has not lapsed, and if the time has lapsed, he should, as an obligatory precaution, offer its qadha and his prayers would be in order. Issue No.1114- One should make intention for qadha of Sajdah or Tashahhud after prayers and then he should give the qadha of the same Sajdah or Tashahhud without saying Allahu Akbar or any other additional words. Thereafter, he should, as a measure of precaution, do Sajdatus Sahv.

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Addition and Omission of the Acts and Conditions of Prayers▲
Issue No.1115- If a person intentionally adds something to the obligatory acts of prayers, or omits something from them, his prayers become void. However, if he adds or omits a Rukn (basic element) of prayers due to ignorance, his prayers are void. But adding or omitting a non-Rukn due to justifiable ignorance (i.e. ignorance on account of not having access to a knowledgeable person to learn the issue) will not make the prayers void. Issue No.1116- If a person forgetfully adds to or omits something from the basic elements of prayers, his prayers become void but if something is added to or omitted from a non-basic element, his prayers is in order. And if conditions such as Wudhu or Ghusl have not been fulfilled intentionally or forgetfully, the prayers will be void. Issue No.1117- If a person realises before the Salam of prayers that he has not offered one Rak’at or more from the end part of prayers, he should perform the part which had been forgotten, and his prayers is in order. However, if he realises after the Salam of prayers that he has not offered one Rak'at or more from the end part of the prayers, and if he has done any such thing which would invalidate the prayers, were he to do so intentionally or forgetfully, like turning away from Qibla, his prayers will be void. And if he has not performed any such act, then he should immediately proceed to perform the forgotten Rak’ats and his prayers will be in order, and should, as an obligatory precaution, offer Sajdatus Sahv for the additional Salam. Issue No.1118- If a person realises that he has offered the prayers before its time set in or he has turned away from Qibla, he should repeat the prayers, and if the prescribed time for it has lapsed, he should perform its qadha. However, if he has offered prayers inadvertently towards the right or the left of Qibla, his prayers will not be void.

(Prayers of a Traveller (Musafir▲
Issue No.1119- A traveller should reduce the Rak'ats in Zuhr, Asr and Isha prayers, that is, he should perform two Rak'ats instead of four, subject to the following eight conditions: 1) His journey is not less than 8 farskah (44 KMs approximately). 2) The traveller should intend at the time of the commencement of the journey, to cover a distance of 8 farsakh. 3) He should not change his mind while on his way. 4) He does not pass through his home town, or stay, during his journey, at some place for 10 days or more. 5) The journey should not be for a haraam purpose. 6) The traveller should not be a nomad.

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7) Travelling should not be his profession. 8) The traveller reaches the limit or point beyond which travelling begins.

.First condition: His journey is not less than 8 Farsakh▲
Issue No.1120- A person whose outward journey and return journey is 8 farsakh should shorten his prayers, that is of two Rak’ats, whether his outward journey is 4 farsakh (21 1/2 KMs. approximately) or less or more. As long as his outward and return journey is 8 farsakh, his prayers which consist of four-Rak’ats should be shortened to 2 Rak’ats even though he may not return on the same day or night. However, if he decides to stay there for 10 days, he cannot shorten his prayers. Issue No.1121- If a person does not know whether or not his journey is 8 farsakh, he should not shorten his prayers. However, if he doubts whether or not his journey is 8 farsakh, he should enquire about the road from people who are familiar with it, in case it does not cause him a lot of hardship. Issue No.1122- A person can get the distance between two places in various ways: First, he himself has measured the distance and made sure about it. Second, it is well-known among the people that the distance is of 8 farsakh. Third, a reliable person tells a traveller that the distance of his journey consists of 8 farsakh. Issue No.1123- If a person, who believes that the distance of his journey consists of 8 farsakh, shortens his prayers, and learns later that it was not 8 farsakh, his prayers is void and he should repeat his prayers and recite 4 Rak’ats, and if the time for the prayers has lapsed he should perform its qadha. But if he is sure that his journey is not of 8 farsakh and realises that the distance of his journey has been 8 farsakh, he should shorten his prayers, and if he had offered complete prayers, he should repeat the prayers and offer them as short. Issue No.1124- If a person frequents between two places which are less than 4 farsakh apart, he should offer complete prayers, even if the total distance covered by him may add up to 8 farsakh or more. However, if he is considered by custom (urf) to be a traveller, he should, as a measure of precaution, offer both complete as well as shortened prayers. Issue No.1125- If two roads lead to a place, and one of them is less than 8 farsakh long, and the length of the other is 8 farsakh or more, the traveller should offer shortened prayers if he travels by the road which is 8 farsakh long and should offer complete prayers if he travels by the road which is less than 8 farsakh long.

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Issue No.1126- The beginning of 8 farsakh should be calculated from the end of locality.

Second condition: To have the intention from the beginning to cover a distance▲ of 8 farsakh
Issue No.1127- The second condition is that the traveller should intend at the time of the commencement of the journey, to cover a distance of 8 farsakh. In case, therefore, he travels up to a point which is at a less distance than 8 farsakh and after reaching there determines to travel further to another place and the two distances, when combined, come to 8 farsakh he should offer full prayers. This is so because he did not intend travelling 8 farsakh when he commenced his journey. In case, however, he intends travelling 8 farsakh further, he should shorten his prayers. Issue No.1128- A person, who is in search of something and does not know how much he should travel to find it out, should offer complete prayers. However, if the return journey to his home town, or his place of abode is 8 farsakh or more, he should shorten his prayers. Issue No.1129- A person who intends to travel 8 farsakh, should pray shortened prayers even if he covers little distance every day, but it should be to the extent that he can be considered as a traveller. Issue No.1130- If a person who is under the control of another person while going on a journey (e.g. a son who is travelling with his father), knows that his father’s journey is 8 farsakh, he should offer shortened prayers. Also, if a person (e.g. a prisoner) is taken away by force and he knows that the distance is 8 farsakh or more, he should offer shortened prayers, unless he reasonably considers it probable or thinks that he will get separated from them and return before reaching 4 farsakh, he should offer complete prayers.

.Third condition: He should not change his mind while on his way ▲
Issue No.1131- The third condition is that the traveller should not change his mind while on his way. Therefore, if he changes his mind or wavers his intention before covering 4 farsakh, he should offer full prayers. But if after covering a distance of 4 farsakh the traveller abandons the journey; and if he decides to remain at that place or to return after 10 days; or wavers in the matter of returning or staying there, he should offer complete prayers. Issue No.1132- If a person commences his journey to go to a place which is at a distance of 8 farsakh or more, and before reaching 8 farsakh he wavers whether to proceed further or stop, and later he takes a firm decision to cover the remaining journey, he should offer shortened prayers. And if in the same

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state of indecision, he continues travelling till he decides to continue his intended journey, if the remaining distance and the distance that he had earlier covered with intention totals 8 farsakh or more, he should offer shortened prayers.

Fourth condition: He does not pass through his hometown or stay, during his▲ .journey, at some place for 10 days or more
Issue No.1133- The fourth condition is that the traveller does not pass through his hometown, or stay, during his journey, at some place for 10 days or more, before he reaches a distance of 8 farsakh. Hence a person, who intends to pass through his home town, his journey is interrupted. Also if he reaches his place of abode, he should offer complete prayers even though he is not sure whether he passes through his home town or stay at a place for 10 days.

.Fifth condition: The journey should not be for a haraam purpose▲
Issue No.1134- The fifth condition is that the purpose of travelling should not be haraam. Therefore, if a person travels to do something haraam, like, to commit theft, treachery or some other haraam deeds, he should offer full prayers. The same rule applies when travelling itself is haraam, like when travelling involves a harm to one’s body, or when a wife travels without the permission of the husband (on the basis of obligatory precaution) or when someone travels in spite of the parents prohibiting him from doing so causing them trouble. However, if the journey is obligatory upon him (e.g. an obligatory Hajj), then the permission of the husband or the parents is not necessary, and he should shorten his prayers. Issue No.1135- A person whose journey is not haraam, nor is it for a purpose which is haraam, should shorten his prayers even if he may, during the journey, commit some sin, like, indulging in backbiting or taking alcohol or oppressing people. Issue No.1136- If a person undertakes a journey to abandon some obligatory act, whether or not he has some other interest in the journey, should offer complete prayers. Hence, if a person can repay his debt during his journey and undertakes the journey to escape repayment of the debt, he should offer complete prayers. However, if his journey is in connection with some other matter, he should shorten his prayers. Issue No.1137- If the travel is not haraam but a person travels on a vehicle or an animal which is usurped, or travels on a usurped land, he should, as a precaution, offer both full and shortened prayers. That is to say, he should offer both 4 Rak’at and 2 Rak’at prayers.

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Issue No.1138- If a person is travelling with an oppressor, and his journey is counted as a source of help to the oppressor, his journey is haraam and he should offer complete prayers. However, if he is obliged to accompany him or he accompanies the oppressor for a more important purpose, like saving the life of an oppressed, in such a case, he should offer shortened prayers. Issue No.1139- Travelling with the intention of recreation and outing and enjoying the weather is permissible and one should offer shortened prayers, as long as it does not involve waste or a forbidden act. Issue No.1140- If a person goes out for hunting to earn his livelihood, his journey is permissible and he should offer shortened prayers. Similarly, he should shorten his prayers, if he goes out hunting for business and increasing his wealth. However, if he goes out for hunting, with the object of pleasure, recreation and enjoyment, his journey is haraam and he should offer full prayers. Issue No.1141- If a person has journeyed to commit a sin, and has done Tawbah (repented) he should, on his return, shorten his prayers, if the return journey alone covers 8 farsakh or more. Also, he should offer shortened prayers, if he has not done Tawbah, but he is not sinful on return. Issue No.1142- If a person travelling with the purpose of committing a sin, abandons the idea during his journey, and if the remaining distance is 8 farsakh or more, or the outward and return distance totals 8 farsakh, he should shorten his prayers. But on the contrary, if a person, who has not proceeded on his journey to commit a sin, decides during his journey to proceed further to commit a sin, he should offer complete prayers. However, the prayers which he might have prayed as short until then will be in order.

.Sixth condition: The traveller should not be a nomad▲
Issue No.1143- The sixth condition is that the traveller should not be one of the nomads, who do not have a specific hometown and who roam about in the deserts and stay at places, where they find food for themselves and fodder and water for their animals, and proceed to some other place after a few days' halt. During these journeys the nomads should offer full prayers and keep fast. Issue No.1144- If a nomad travels for Hajj (pilgrimage), trade or any other similar purpose, other than which is part of his living, he should shorten his prayers.

.Seventh condition: Travelling should not be his profession▲
Issue No.1145- The seventh condition is that travelling should not be his

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profession. Therefore, drivers, pilots, sailors, and camel riders, etc. whose profession is travelling, should offer complete prayers even though it may be their first journey. Issue No.1146- If a person whose profession is not travelling, but travelling is a preliminary to his profession, like teachers, labourers, and employees who are residents of a city or town, and who have to leave their town for another place and whose going and coming together totals 8 farsakh or more, he should offer complete prayers and observe fast. Issue No.1147- If a person whose profession is travelling, travels for another purpose e.g. for Hajj and pilgrimage etc., he should, like other travellers, shorten his prayers. However, if the driver of automobile hires out his vehicle for pilgrimage, and incidentally performs pilgrimage himself as well, he should offer full prayers. Issue No.1148- Hajj guides, caravan leaders and executives in charge of Hajj groups should offer complete prayers, if travelling is counted as a part of their job or a preliminary to their profession and if this work lasts for a considerable period of time. Issue No.1149- A person whose profession for a part of the year is travelling, e.g. a driver who hires out his automobile during winter or summer, should offer full prayers during his journeys. Issue No.1150- If a person whose profession is hiring out his automobile in the city, happens to travel outside the city on a journey consisting of 8 farsakh or more, he should offer shortened prayers, but, if a person whose profession is hiring out his automobile both inside and outside the city, when he is outside the city he should offer complete prayers. Issue No.1151- If a person whose profession is travelling, stays in a place for ten days or more, irrespective of whether that place is his home town or not, and whether he has intended to stay there for 10 days from the very outset or stays there for so many days without intention, he should, as a precaution, offer both full prayers and shortened prayers during the first journey that he undertakes after ten days. And if he doubts whether he had stayed for ten days or not, he should offer full prayers. Issue No.1152- A person who tours different cities, and has not adopted a homeland for himself, should offer full prayers. Issue No.1153- If a person, whose profession is not travelling, has to travel quite often to transport a commodity he owns, he will offer shortened prayers.

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Issue No.1154- If a person has abandoned his homeland and wants to adopt another homeland, he should shorten his prayers while he is travelling, unless his travel becomes long and he is considered as a roamer.

.Eighth condition: The traveller reaches the limit of tarakhkhus▲
Issue No.1155- The eighth condition is that the traveller reaches the limit of tarakhkhus (i.e. at a point where he cannot hear the Adhan of the town and the people of the town do not see him). However, seeing or not seeing the walls of the city is not a matter, but there should not be dust or fog or any other thing which hinders seeing, or there should not be any noise which prevents hearing. And if one of these two signs is there, it will suffice, provided that one is not sure that the other one does not exist, otherwise one should, as a precaution, offer both complete as well as shortened prayers. Issue No.1156- The criterion for the cities or towns is that of the normal ones and if a city or town is situated at a very high or a very low place, it should be treated like normal cities or towns, i.e., a resident of that city who travels should offer shortened prayers when he is at about as much distance from the city that if it had been situated at a distance from a normal city, he would not hear the Adhan or its residents would not have seen him. Issue No.1157- If a person doubts whether or not he has reached the limit of tarakhkhus, or whether the voice he hears is of Adhan or not, he should offer complete prayers. But if he realises that the voice is that of the Caller but the words are not distinct, he should, as a precaution, offer both full as well as shortened prayers. Issue No.1158- If a person reaches a place, where the Adhan of the city which is usually pronounced from an elevated place cannot be heard, he should shorten his prayers, although he may hear an Adhan broadcast from a strong loud speaker. And if a person’s eyes or ears are stronger or weaker than the usual ones, they are not the criteria; rather the criteria are normal eyes or ears. Issue No.1159- If a person reaches his homeland while travelling, he should offer full prayers there. However, if he wishes to continue his journey from there for 8 farsakh or more, he should offer shortened prayers as soon he gets to the point of tarakhkhus.

Things Which Terminate the Journey ▲
Issue No.1160- There are a few things which terminate the journey and necessitate complete prayers.

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First: Reaching one’s hometown▲
Hometown is a place which a person adopts as his residence to settle and live there irrespective of whether he was born there and it was the home of his parents or he himself has selected it as his residence. Issue No.1161- When a person adopts a place as his residence so that he is no longer considered as a traveller there irrespective of whether he has the intention of living there permanently or temporarily (for example, he intends to stay there for a few years), this place is considered to be his hometown. This rule also applies to government officials and office workers who may continue to serve in a place for a couple of years. They should treat that place as their hometown. Issue No.1162- If a person lives at two places e.g. he lives in one city for six months and in another city for another six months, both of them are his home. And it is possible that one may have three hometowns. Issue No.1163- If a person abandons a place where he used to live and which was his hometown (i.e. he has no longer the intention to live there) even though he sometimes goes there to visit his relatives and friends, unless he intends to stay there for ten days, he should shorten his prayers while there, irrespective of whether he has a property there or his relatives and family live there or not. Similarly, if a person adopts a place other than his original home to be as his residence, and stays there for six months or for less or more, and then abandons it, he should shorten his prayers there irrespective of whether he has a property there or not.

Second: Having the intention of staying for ten days▲
Issue No.1164- If a traveller intends to stay at a place continuously for ten days, or knows that he will be obliged to stay at a place for ten days, he should offer full prayers at that place. Issue No.1165- What was said in the previous issue about intending to stay at a place for ten days means that one should intend to stay there for ten days. It is not necessary that his intention should be to stay there during the first night or the eleventh night. Therefore, as soon as he determines that he will stay there from sunrise on the first day up to sunset of the tenth day, he should offer complete prayers. Likewise, he should offer complete prayers, if he intends to stay there from the midday of the first day up to midday of the eleventh day. Issue No.1166- A traveller who intends to stay at a place for ten days can stay at several places provided that their distance is so little (for example, one or two kilometres or more) so that others will not consider him as a traveller. Also

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there is no difference between small cities or big cities. That is to say, the same rule applies to both “great cities” and “minor cities” with no difference between them. Issue No.1167- If a traveller who wants to stay at a place for ten days, has determined at the very outset, that during the period of ten days, he will travel to surrounding places, and if the place he wants to go to is not so far that he will be reckoned as a traveller, he should offer full prayers. However, if it is so far that it will be counted part of the journey, he should offer shortened prayers during the whole ten days. Issue No.1168- If a traveller has decided to stay at a place for ten days, but at the same time, considers it probable that he may have to leave earlier because of some hindrance, and if people are heedless of such probabilities, he should offer full prayers. However, if there is a strong probability of some hindrance, he should offer shortened prayers. Issue No. 1169- A traveller, who does not intend to stay at a place for ten days but he is willing to stay there only if his friend arrives or if he finds a good house, he should shorten his prayers. Issue No. 1170- If a traveller knows, for example, that ten days or more remain before the month comes to an end, and decides to stay at a place till the end of the month, he should offer complete prayers. But if he does not know as to how many days remain in the month coming to an end, and determines to stay till the end of the month when it is known, if in fact there remain ten days or more till the end of the month, he should offer complete prayers. Issue No. 1171- If a traveller determines to stay at a place for ten days and abandons this idea before offering one prayers consisting of four Rak’ats or is uncertain as to whether he should stay there or should go to another place, he should shorten his prayers. However, if he abandons the idea of staying there after having offered one prayers consisting of four Rak’ats or wavers in his intention he should offer complete prayers so long till he is at that place. Issue No. 1172- If a person, who has determined to stay at a place for ten days, observes a fast and abandons the idea of staying there after midday and has offered one prayers consisting of four Rak’ats, his fast is in order, and he should offer complete prayers so long as he stays there. And if he has not offered a prayers consisting of four Rak’ats, his fast is not valid and he should offer shortened prayers. Issue No. 1173- If a traveller who has decided to stay at a place for ten days, abandons the idea, but doubts before changing his intention to stay, whether or not he has offered one prayers consisting of four Rak’ats, he should offer

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shortened prayers. Issue No. 1174- If a traveler starts offering prayers with the intention of offering shortened prayers and decides while offering prayers that he would stay there for ten days or more, he should offer complete prayers consisting of four units. On the contrary, if he, who has decided to stay at a place for ten days, changes his mind while offering a prayers consisting of four units and has not yet started the third unit, he should complete the prayers with two Rak’ats and should shorten his later prayers. But if he has started the third Rak’at, his prayers is void, and he should shorten his prayers as long as he is there. Issue No. 1175- If a traveller who has decided to stay at a place for ten days, stays there for more than ten days, he should offer complete prayers as long as he does not start travelling, and it is not necessary that he should make a fresh intention for staying for further ten days. Issue No. 1176- A traveller, who decides to stay at a place for ten days, should observe the obligatory fast; he may also keep a recommended fast, and offer Nafilah (recommended everyday prayers) of Zuhr, Asr and Isha prayers. Issue No. 1177- If a traveller, who has determined to stay at a place for ten days, wishes, after offering a prayers of four Rak’ats or after staying for ten days to go to a place which is less than 4 farsakh away and to return, he should offer complete prayers. And if he wishes to go from his place of stay to a place which is less than 8 farsakh away and stay in the second place of stay for ten days, he should offer complete prayers while going and also at the place where he intends to stay. But if the place he wants to go is 8 farsakh away or more, he should shorten his prayers while going, and he should offer complete prayers where he intends to stay for ten days. Issue No. 1178- If a person decides to stay at a place for ten days, under the impression that his companions wish to stay there for ten days, and after offering a four-Rak’at prayers he understands that they have not taken such a decision, he should offer complete prayers so long as he is there, though he himself gives up the idea of staying there.

Third: Staying for a month without intention▲
Issue No. 1179- If a traveller stays at a place, and does not know how long he will stay there, he should offer complete prayers after thirty days even though he may stay there for a short period. (If he stays at a place for a lunar month which is less than thirty days, it will be sufficient. For example, it will be considered one month, if he stays at a place from the 10th of this month to the 10th of the next month).

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Issue No. 1180- If a traveller intends to stay at a place for nine days or for a less period, and if after spending nine days or a less period there, he determines to stay there for another nine days or a less period, and similarly thirty days pass away in this manner, he should offer shortened prayers. However, he should offer full prayers from the thirty first day on. Issue No. 1181- If staying at a place is not for thirty days, it would not be sufficient. Therefore, if, for example, he stays at a place for twenty days without intention, then he travels a few farsakh away to another place and stays there for twenty days, he should offer shortened prayers.

Miscellaneous Rules▲
Issue No. 1182- A traveller can offer either full or shortened prayers at the following four places: Masjid-ul Haram, Masjidul Nabi (P.B.U.H.), Masjid of Kufa, and in the shrine precincts of Imam Husain (a.s.). Of course, offering full prayers at these places is preferred. And there is no difference between Masjid-ul Haram at the time of the holy Prophet (P.B.U.H.) and Masjid-ul Haram at the time of the holy Imams (a.s.) and the expansions and additions it has had over the years or may have in the future. Same is the case with Masjidul Nabi (P.B.U.H.), Masjid of Kufa, and the shrine of Imam Husain (a.s.). Issue No. 1183- If a person who knows he is a traveller, and should offer qasr prayers, intentionally offers full prayers at places other than the four places mentioned above, his prayers are void. And same is the case if he forgets that a traveller should offer shortened prayers, and offers complete prayers. However, if he never knew or heard that a traveller should offer shortened prayers, and he offered complete prayers instead of shortened prayers, his prayers will be in order. Issue No. 1184- If a traveller knows that he should offer shortened prayers but does not know some of its particular aspects - for example, if he does not know that shortened prayers should be offered when the distance of the journey is of 8 farsakh and offers complete prayers and realizes the mistake within the time prescribed for prayers, the precaution is to repeat the prayers in a shortened form. Issue No. 1185- If a person forgets that he is a traveller and offers complete prayers, and if he recollects this within the time prescribed for prayers, he should offer shortened prayers, and if he realizes this after the prescribed time is over, it is not obligatory for him to offer qadha of that prayers. Issue No. 1186- If a person, who should offer complete prayers, offers shortened prayers intentionally or forgetfully or by mistake, his prayers are void. Even if he had intended to stay at a place for ten days, but gets engaged in

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offering shortened prayers on account of his not knowing the rule, the obligatory precaution is that he should repeat the prayers as complete. Issue No. 1187- If a person begins offering a prayers consisting of four Rak’ats, and recollects during prayers that he is a traveller, or learns that his journey is of 8 farsakh, and has not gone into the Ruku' of the third Rak’at, he should complete the prayers consisting of two Rak’ats, and if he goes into the Ruku' of the third Rak’at, his prayers is void, and he should offer shortenen prayers. Issue No. 1188- If a person begins shortened prayers and remembers during the prayers that he is not a traveller, or his journey is not a journey in which prayers should be shortened, he should complete the prayers consisting of four Rak’ats and his prayers will be in order. Issue No. 1189- If before the time for prayers comes to an end, a traveller, who has not offered prayers, reaches his home town, or a place where he intends to stay for ten days, he should offer complete prayers. And if a person who is not a traveller does not offer prayers in the early part of the time prescribed for it, and proceeds on a journey, he should offer the prayers during his journey in shortened form. Issue No. 1190- If one’s prayers becomes qadha during journey, he should perform its qadha by performing shortened prayers consisting of two Rak’ats though he may perform that qadha when he is not travelling. On the contrary, if one’s prayers become qadha in his hometown, he should perform its qadha by offering prayers consisting of four Rak’ats, though he may be travelling at the time he offers its qadha. Issue No. 1191- It is recommended that a traveller should say thirty times after every shortened prayers: "Subhanallahi walhamdu lillahi wala ilaha illalahu wal lahu akbar" Issue No. 1192- The Islamic law about a traveller’s prayers has nothing to do with the easiness or hardship of the journey, rather in today’s comfortable journeys too, one should shorten his prayers in accordance with the foregoing rules.

Qadha Prayers▲
Issue No. 1193- A person who does not offer an obligatory prayers in the prescribed time, should offer qadha prayers though he may have been sleeping during the entire time prescribed for the prayers or may have failed to offer it owing to his having been ill or drunk. However, a person who has been unconscious during the entire time prescribed for the prayers, qadha is not obligatory upon him. Similarly, qadha is not obligatory on an infidel who has

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embraced Islam and a woman who, due to Hayz or Nifas, has had to leave out daily prayers. Issue No. 1194- If a person realises after the time for the prayers has lapsed, that the prayers which he offered in time was void, he should perform its qadha prayers. Issue No. 1195- If a prayers of a person has lapsed, he should not be negligent in offering its lapsed prayer though it is not obligatory for him to offer it at once. However, if a person has missed one or two prayers before it, in this case, he should, as an obligatory precaution, offer the qadha of those prayers before the prayers of that same day. Issue No. 1196- A person who has Qadha prayers on him, can offer recommended prayers, and there is no objection in offering qadha prayers before or after daily prayers. Issue No. 1197- If a person considers it probable that some of the prayers offered by him were not valid, or thinks that he may have missed some prayers, the recommended precaution is that he should offer their qadha. Issue No. 1198- It is not necessary to maintain order in the offering of lapsed prayers, except in the case of prayers for the offering of which order has been prescribed like the qadha of Zuhr, and Asr prayers or Maghrib and Isha of the same day. Issue No. 1199- A person who has some qadha prayers on him, but does not know their numbers, for example, he is not sure whether he should offer the qadha of two prayers or three, it is sufficient that he should offer the lesser number. But if he knew their numbers before and has forgotten due to negligence, he should, as an obligatory precaution, offer the greater numbers. Issue No. 1200- A person who has qadha prayers on him from the previous days, can offer the daily prayers before offering the qadha prayers but if one or two prayers of that very day have lapsed, he should, as an obligatory precaution, offer the lapsed prayers of that day before offering the present obligatory prayers. Issue No. 1201- If a person knows that he has not offered a prayer consisting of four Rak’ats, but does not know whether it is Zuhr, Asr, or Isha, it will be sufficient to offer a four-Rak’at prayer with the intention of offering lapsed prayers, which he has not offered, and he has option to offer Surah al-Hamd and other Surah loudly or in low voice. Issue No. 1202- So long as a person is alive no other person can offer prayers

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on his behalf, even though he himself may be unable to offer them. However, there is no objection to offering prayers on his behalf after his death. Issue No. 1203- Qadha prayers can be offered in congregation, irrespective of whether the prayers of the Imam are Ada or qadha. However, as a precaution, both of them should be offering the same prayers, for example, qadha of Zuhr prayers be offered with the Zuhr prayers and qadha of Asr prayers be offered with Asr prayers. Issue No. 1204- It is recommended that a discerning child, one who can distinguish between good and evil, is made to form the habit of praying regularly, and to perform other acts of worship. Rather, it is recommended that he should also be persuaded to offer lapsed prayers. (Of course, this should not be done in a way that causes aversion to prayers).

Parents’ Lapsed Prayers▲
Issue No. 1205- It is an obligation upon the eldest son (i.e. the eldest son who is alive after their death) to perform, after his parents’ death, their missed prayers and the fasts provided that they did not leave them as a deliberate act of transgression, and they were also able to perform the qadha. Even if his parents left them as a deliberate act of transgression, the eldest son should, as a recommended precaution, give their qadha. Also, the fast that was not observed while they were on a journey, even though they were not able to observe its qadha, the precaution is that the eldest son should observe it.

Cases Where Parents’ Lapsed Prayers Are Not Obligatory on the Eldest Son▲
Issue No. 1206- If someone else gives the qadha of the prayers and fast of a person’s parents, then, he will longer be under any obligation. Issue No. 1207- If the eldest son does not know whether or not his father or mother had any qadha of prayers and fast on him or her respectively, he is under no obligation, and it is not necessary to investigate about it either. Issue No. 1208- If the eldest son of a person dies before giving the qadha of his parents, other sons would be under no obligation. Issue No. 1209- If it is not known as to who is the eldest son of a person i.e. the birth dates of the sons are not clear, it is not obligatory on anyone of the sons to offer their father's qadha prayers. However, the recommended precaution is that they should divide his qadha between them. Issue No. 1210- The eldest son should act according to his duties while carrying out the qadha of the prayers and fasts of his parents. That is, he should fulfil the rules of prayers and fast according to the edicts of his own Mujtahid.

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Issue No. 1211- If a person has to offer his own qadha prayers, and he also wishes to offer the qadha prayers of his parents, whichever he offers first will be in order. Issue No. 1212- If the eldest son was minor or insane at the time of his father’s or mother’s death, he should give the qadha of the fasts and prayers of his father and mother when he attains puberty or becomes sane.

Hiring a Person to Offer Prayers▲
Issue No. 1213- To hire a person to offer lapsed prayers and perform other acts of worship on behalf of a dead person is not free of objection, except for Hajj. If a person wants to hire someone for other acts, he should do so with the intention of Raja (hoping to be accepted by Allah, the Almighty). However, there is no problem in giving the qadha of missed prayers and fast and also offering recommended prayers and observing recommended fast with the intention of Qurbat (seeking proximity to Allah, the Almighty), and without wages. Issue No. 1214- A person can accept engagement to offer some Mustahab acts like Ziyarat, Umrah, Hajj on behalf of the living persons, but, the obligatory precaution is that the wages should be taken for preparatory or preliminary works. He can also offer recommended acts of worship and dedicate the reward of those acts to living or dead persons. Issue No. 1215- A person who is hired to offer qadha prayers of a dead person, should know the rules of the prayers well and should be able to pronounce the words correctly. Issue No. 1216- A person who is hired to offer prayers or fast or any other acts of worship on behalf of a dead person, should, at the time of making intention, specify the dead person, and it is not necessary that he should know his/her name. Hence, it is enough if he intends that he is offering prayers for the person on whose behalf he is hired. Issue No. 1217- The hired person should act with the intention that he is acting to discharge the obligation of the dead person, and it will not be enough if he performs an act of worship and dedicates its reward to the dead person. Issue No. 1218- The obligation of a dead person will be discharged if one who hires a person is satisfied that the hired person has offered the prayers, and if he doubts about it, it would not be sufficient. But, if he is sure that he has offered the prayers, but does not know whether or not he has performed it correctly, there would be no problem in it.

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Issue No. 1219- If the hired person says that he has offered the prayers and unless he is a trustworthy person, one should not be merely satisfied with what he says. Issue No. 1220- The hired person should be one who has no excuse in performing the parts and the conditions of prayers. For example, a person who offers prayers in a sitting posture cannot be appointed as a proxy. The obligatory precaution is that even one who offers prayers with tayammum or Jabirah should not be hired. Issue No. 1221- A man can be hired on behalf of a woman, and a woman can be hired on behalf of a man, and in the matter of offering prayers loudly or silently, the hired person should act according to his/her own obligation, not the dead person’s. And observing order is not necessary for the lapsed prayers of a dead person irrespective of whether or not he knows the order of the missed prayers, except in the case of prayers whose performance is prescribed in an order, like, Zuhr and Asr prayers or Maghrib and Isha prayers of one day. Issue No. 1222- If it is agreed with the hired person that he will fulfill the qadha of prayers and fast in a particular manner, (for example, it is agreed that he should offer the prayers in the mosque or at a special time), the hired person should follow the agreement. But if nothing has been agreed, then he can perform according to his own obligation and as usual. As for performing the recommended acts, he should perform the recommended acts that are usually performed, and unless it has been stipulated, it is not necessary to offer more than that. It is also not necessary to offer Salatul Ayaat (Signs Prayers) either, unless it has been agreed and stipulated before. Issue No. 1223- If a person engages several people for offering the qadha prayers of a dead person, it is not necessary that he should fix a time for each one of them, rather, they can offer the prayers at any time they wish to. However, in order for the lapsed prayers to be offered in proper order, the recommended precaution is to fix a time for each one of them. For example, he will agree with one of them to offer the qadha prayers in the space between morning and noon while another person offer the prayers from noon to night. And it would be better that the number of prayers offered by them be similar. For example, if one of them starts offering prayers from Zuhr prayers and ends at morning prayers, (irrespective of whether he offers the prayers of one day and night or the prayers of several days and nights), the other person should also start from noon and end it in the morning. Issue No. 1224- If a hired person dies before accomplishing the prayers and the fast for which he had been hired, and if he had taken wages for all of them, and if the hirer has placed a condition that he would offer all the prayers himself,

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the hirer can take back the proportionate amount of wages for the remaining prayers. And if it had not been stipulated that the hired person would offer all the prayers himself, then the heirs of the deceased should pay from his estate, and engage another person to complete the task. And if there is nothing in the estate, the heirs would be under no obligation, although it would be better to relieve the dead person of his debts. Issue No. 1225- If the hired person dies before completing the task, and if he himself had some lapsed prayers of his own, they should pay from his estate to someone to perform the prayers that he had been hired for, or if it was agreed that he himself should perform, a proportionate amount of wages for the remaining prayers should be returned. But for his own qadha prayers, they cannot take from his estate without his heirs’ permission, or if he has willed, one-third (thulth) should be spent to perform the qadha of his lapsed prayers.

Congregational Prayers▲
Issue No. 1226- Congregational Prayers is one of the most important recommended acts, and is one of the greatest Islamic rites. Great emphasis has been laid on it in the narrations. Offering prayers in congregation has been specially recommended for those persons, who live near a masjid or hear Adhan being announced from it. One should, therefore, try to offer his prayers in congregation as far as he can. It has been stated in authentic narrations that the spiritual reward for congregational prayers is 150 times as much as that for prayers offered individually. And if two people follow the Imam in congregation, each Rak’at of their prayers has the spiritual reward of 600 prayers. The more the number of the participants in a congregational prayers, the more will be the reward of their prayers. If the number of the participants exceeds ten persons, it has been narrated that if all the skies become paper, and the water in the seas becomes ink, and the trees become pens, and the angels and men and Jinn become scribers, they will not be able to put in writing the spiritual rewards of one Rak’at. Issue No. 1227- It is haraam to absent oneself from the congregational prayers out of heedlessness or on account of levity. Issue No. 1228- It is recommended to defer prayers with an intention to participate in congregational prayers because congregational prayers it is better in comparison to the prayers offered individually in the early part of the time prescribed for prayers, and also a short congregational prayers is better than a prolonged individual prayer. Issue No. 1229- When congregational prayers are being offered, it is recommended for a person, who has already offered his prayers alone, to

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repeat the prayers in congregation. And if it transpires later that his first prayers was void, the second prayers will suffice. Issue No. 1230- It is permissible for the Imam (leader) of congregation who has offered his prayers in congregation once to offer it again in a second congregation. However, there is objection to offering it more than twice. Therefore, a prayer leader can lead congregational prayers in two mosques and offer his prayers again. Issue No. 1231- If a person is so obsessed with doubts and anxiety during prayers that it leads to its invalidity, and if he finds that he will get rid of his obsession if he offers his prayers in congregation, he must offer prayers in congregation. Issue No. 1232- No recommended prayers can be offered in congregation in any situation, except Istisqa prayers (which is offered for rains), and Eid-ul Fitr and Eid-ul Azha prayers which are obligatory during the presence of the Infallible Imam (a.s.) and are recommended during his occultation. Issue No. 1233- When an Imam is leading a congregation for the daily prayers, one can follow him for any of the daily prayers. For example, if the Imam is offering Zuhr prayers, and one has already offered his Zuhr prayers, he can offer his Asr prayers following the Imam. However, if the Imam is offering precautionary prayers, he (the follower) cannot offer his prayers with him, unless both of the prayers are similar in terms of precaution. Issue No. 1234- If the Imam is offering qadha prayers, it is permissible to follow him. However, if he is offering qadha prayers as a precaution, it is not permissible to follow him. Issue No. 1235- If a person does not know whether the prayers which is being led by the Imam is an obligatory daily prayers or a recommended prayers, he cannot follow him.

Conditions of Congregational Prayers▲
Issue No. 1236- Several conditions should be observed in a mass (congregational) prayer:

First Condition▲
There should be no obstruction between the Imam and the follower, and between one follower and the other follower. And an obstruction is something which obstructs seeing, such as a curtain or a wall etc. There would be problem in the prayers even if there is a glass wall or similar things between them. However, if the follower is a woman, there is no harm, if there is an

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obstruction between her and the men. Issue No. 1237- If the Imam is in Mehrab (altar) and no one behind him is following him, those standing on the two sides of Mihrab and cannot see the Imam due to the walls of Mihrab, cannot follow him. Even if someone behind the Imam is following the Imam, those who are standing on the two sides of Mehrab and cannot see the Imam due to the walls of Mehrab, there would be problem in their prayers. However, the prayers of those in the rows behind them will be in order. Also if the rows of congregation extend to the gate of the mosque and outside it, the prayers will be in order. Issue No. 1238- If the persons standing at the two ends of row cannot see the Imam because the line is very long, they can still follow him. Similarly if one of the rows is very long, and persons standing at the far end cannot see the row in front, their congregation will be in order. Issue No. 1239- If a person who is standing behind a pillar is linked with the Imam by means of another follower from either side, it will be sufficient.

Second Condition▲
Issue No. 1240- The place where the Imam stands should not be higher than the place of the followers. However, if the height is very little, there would be no problem in it. Furthermore, if the ground is sloping and the Imam stands on the higher side of it there is no harm if the slope is not much, and is such that the people call it flat. Issue No. 1241- In the congregational prayers, there is no objection if the place where followers stand is higher than that of the Imam – for example, if the Imam stands in the mosque and some of the followers stand on the balcony or on the roof, the prayers would be valid. In case, however, it is so high that it cannot be said that they have gathered together, the congregation is not in older, like, when the Imam stands on the ground floor and the followers are on the floors of some other houses.

Third Condition▲
Issue No. 1242- If there is a distance of one or a few steps between the Imam and the followers or the followers themselves and it is as such that it is called congregation, there would be no problem in it. Therefore, if there is a distance of one or two person between the persons who are not offering prayers, there would be no harm in it. However, it is recommended that the rows are connected to each other thoroughly. Issue No. 1243- If after the takbir of the Imam the persons in the front row are

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ready for prayers and are about to say takbir, a person standing in the back row can also say takbir and start the prayers and it is not necessary to wait for the front rows to start prayers, rather waiting is against precaution. Issue No. 1244- If a person knows that the prayers of one of the front rows is void, and if the front row forms a barrier, the back rows cannot follow the Imam.

Fourth Condition▲
Issue No. 1245- The followers should not stand ahead of the Imam. Therefore, if a follower, at the start of the congregation or during it, stands ahead of the Imam, his prayers would be void. The precaution is he should not also stand side by side or in an equal line with the Imam. Rather, he should stand a little behind the Imam and the observance of this condition is necessary in all parts of the prayers including Ruku' and Sojoud.

Rules of Congregational Prayers▲
Issue No. 1246- If a follower knows that the prayers of the Imam is void, like, if he knows that the Imam is without Wudhu, though the Imam himself may not be mindful of the fact, he cannot follow that Imam. But if the follower learns after the prayers that the Imam was not a just (Adil) person, or was (God forbid) a disbeliever, or his prayers was void for any other reason, his prayers (i.e. the prayers of the follower) will be valid. Issue No. 1247- If a follower doubts during prayers whether he has made the intention of following the Imam or not, if he is in such a situation that will lead him to believing that he has been following the congregation, he should complete the prayers with the congregation. But if he is in a situation where he does not become certain, he should end his prayers with the intention of individual prayers. Issue No. 1248- One cannot separate himself, without any excuse, from congregational prayers by making intention of individual prayer irrespective of whether or not he had decided to do so from the beginning or during the prayers. Issue No. 1249- If because of a valid excuse the follower makes an intention of individual prayers after the Imam has recited Surah al-Hamd and other Surah, it will not be necessary for him to recite Surah al-Hamd and other Surah. But if he makes an intention of individual prayers before the Imam has completed Surah al-Hamd and other Surah, he should recite the part that the Imam has not recited.

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Issue No. 1250- If a person makes the intention of individual prayers, for some excuse, during the congregational prayers, he cannot revert back to congregational prayers again. Also if he is undecided whether he should make the intention of individual prayers or not, and eventually decides to end the prayers with the congregation, there would be no harm in his congregation. But, if he doubts whether or not he had made the intention of individual prayers, he should consider that he had not made the intention. Issue No. 1251- If a person follows the Imam at the time when the Imam is in Ruku' and joins him while he is still in Ruku', his prayers will be in order, though the recitation by the Imam may have come to an end, and it will be counted as his first Rak’at. However, if he does not reach the Imam in his Ruku', he should complete his prayers as individuals prayers and as an obligatory precaution, he should repeat it. Also, he should act in the same way if he doubts whether or not he has reached the Imam’s Ruku'. Issue No. 1252- One should reach the Ruku' of the Imam in other Rak’ats of the prayers also, otherwise, there will be problem in his congregation. Issue No. 1253- If a person follows the Imam when he is in Ruku' and. before he bends to the extent of Ruku', the Imam raises his head from Ruku', that person should make the intention of individual prayers, and his prayers will be in order and he does not have to repeat the prayers. Issue No. 1254- If a person follows the Imam from the beginning of the prayers or during the time Surah al-Hamd and Surah are being recited and by chance, before he goes into Ruku', the Imam raises his head from Ruku', the congregation of that person will not be in order, unless he has a valid excuses. Issue No. 1255- If a person arrives for prayers when the Imam is reciting the last Tashahhud, and if he wishes to earn the spiritual reward of the congregational prayers, he should sit down after making intention and pronouncing takbiratul ehram, and should recite Tashahhud with the Imam, but should not say salaam and should wait till the Imam says salaam of the prayers. Then he should stand up and continue the prayers. That is, he should recite Surah al-Hamd and Surah and should treat it as the first Rak’at of his prayers. Issue No. 1256- If a person joins the Imam in the second Rak’at, he should recite Qunut and Tashahhud with the Imam, and the precaution is that at the time of reciting Tashahhud, he should keep the fingers of his hands and the inner part of his feet on the ground and raise his knees. And after the Tashahhud he should stand up with the Imam and should recite Surah al Hamd and the other Surah. And if he does not have time for the other Surah, he should complete Surah al-Hamd and join the Imam in Ruku'.

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Issue No. 1257- If a person joins the Imam when he is in the second Rak’at, he should sit after the two prostrations in the second Rak’at, which will be the third of the Imam, and recite obligatory parts of Tashahhud, and should then stand up and join the Imam. And if he does not have time to recite the Tasbihat Arba’ah thrice, he should recite it once and should then join the Imam in Ruku'. Issue No. 1258- If the Imam is in the third or fourth Rak’at, and the follower knows that if he joins him and recite Surah al-Hamd he will not be able to reach him in Ruku', he should, as an obligatory precaution, wait till Imam goes into Ruku' and then join. Issue No. 1259- If a person joins the Imam when he is in the third or fourth Rak’at, he should recite Surah al-Hamd and the other Surah, and if he does not have time for the Surah he should complete Surah al-Hamd and should join the Imam in Ruku'. Issue No. 1260- If a person is sure that if he recites the other Surah, he will be able to join the Imam in his Ruku', he should, as an obligatory precaution, recite the Surah. If he recites the Surah, but by chance he does not reach the Imam in his Ruku', his congregational prayers is in order. Issue No. 1261- If Imam is standing, and the follower does not know in which Rak’at he is, he can join him, but he should recite Surah al-Hamd and the other Surah with the intention of seeking nearness to God and his prayers will be in order, though he may come to know later that the Imam was in the third or fourth Rak’at or in the first or second Rak’at, provided that it is either Zuhr or Asr prayers in which the Imam recites Surah al-Hamd and the other Surah in low voice. Issue No. 1262- If a person does not recite Surah al-Hamd and the other Surah, under the impression that the Imam is in the first or the second Rak’at, and realises after Ruku' that he was in the third or fourth Rak’at, his prayers are in order. However, if he realises this before Ruku', he should recite Surah al-Hamd and the other Surah, and if he does not have sufficient time for this he should recite Surah al-Hamd only and then join the Imam in his Ruku'. Issue No. 1263- If a congregational prayer begins while a person is offering a recommended prayers, and he fears that if he completes his recommended prayers, he will not be able to join the congregational prayers, it is recommended that he should abandon the recommended prayers, and should engage himself in congregational prayers. Issue No. 1264- If a congregational prayer is established while a person is offering an obligatory prayers, and if he has not begun the third Rak’at and fears that if he completes the prayers, he will not be able to join the

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congregational prayers, it is recommended that he should bring the prayers to an end with the intention of offering a recommended prayers of two Rak’ats, and should then join the congregational prayers. Issue No. 1265- If the prayers of the Imam comes to an end, but the follower is still reciting Tashahhud or Salam, it is not necessary for him to make the intention of individual prayers. Issue No. 1266- If a person is behind the Imam by one Rak’at, when the Imam is reciting Tashahhud, the precaution is that the follower should place the fingers of his hands and the inner part of his feet on the ground, and raise his knees, and recite Tashahhud with him or a Zikr, and if it is the last Tashahhud, he should wait till the Imam says Salam of the prayers and then stand up and continue the prayers.

Qualification of an Imam of Congregational Prayers▲
Issue No. 1267- The Imam of a congregational prayers should be Baligh (adult), sane, Adil (just), of legitimate birth, Ithna ‘Ashari Shi’ah and should offer the prayers correctly. Furthermore, if the follower is a male, the Imam also should be a male. And there is no objection to a woman leading congregational prayers for women. Also every human being, whether Muslim or non-Muslim, is legitimate by birth, unless it is proved otherwise. Issue No. 1268- ‘Justice’ is an inner state of fearing God, a state that prevents one from committing major sins and repeating minor ones. When we associate with someone and we do not see him commit a sin, it is an indication of him being just. This is called ‘goodness by the appearance’ which is a sign of someone’s inner being good. Issue No. 1269- If a person was previously known to be just (Adil), and if one doubts whether he is still just, unless he is sure that he is unjust, he should consider him as just. Issue No. 1270- A person who offers prayers in a standing posture cannot follow a person, who offers his prayers while sitting or lying, and a person who offers his prayers in a sitting posture cannot follow a person, who offers his prayers while lying. Issue No. 1271- If the Imam leads his prayers with tayammum, or Jabirah Wudhu, one can follow him. However, if because of some valid excuse, he has no alternative but to lead the prayers in an impure dress, one should not follow him, as an obligatory precaution. Similarly, one should not follow the Imam, if he is suffering from a disease, owing to which he cannot control his urine or faeces. A Mustahaza woman cannot lead the prayers of other women who are

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not in the state of Istihaza. Generally speaking, any one who offers defective prayers on account of an excuse cannot, as an obligatory precaution, lead prayers for others, except in the case of tayammum or Jabirah Wudhu as was explained above. Issue No. 1272- A person who suffers from blotches or leprosy cannot, as a precaution, lead congregational prayers even for someone suffering the same diseases. Continuation of the Rules of Congregational Prayers Issue No. 1273- When a follower makes his intention, it is necessary for him to specify the Imam. But it is not necessary for him to know his name. If he makes the intention that he is following the Imam of the present congregation, it is sufficient provided that he is just and bears the necessary conditions. Issue No. 1274- The follower should recite all the things of the prayers himself, except Surah al-Hamd and the other Surah. That is when he joins the congregational prayers when the Imam is reciting the first Rak’at. However, if the first or second Rak’at of the follower is the third or fourth Rak’at of the Imam, he should recite Surah al-Hamd and the other Surah. Issue No. 1275- If the follower hears Surah al-Hamd and the other Surah of Imam in the first and second Rak’at of the Fajr, Maghrib and Isha prayers, he should not recite them. And if he does not hear the voice of the Imam, it is permissible for him to recite Surah al-Hamd and the other Surah in low voice. The follower should not recite Surah al-Hamd and the other Surah in the first and second Rak’ats of Zuhr and Asr prayers and it is recommended that instead of them he should utter some Zikr. Issue No. 1276- If a follower hears some of the words of the Imam’s Surah al-Hamd and the other Surah, or hears a voice and does not know whether it is the voice of the Imam or of some one else, the precaution is that he should not recite Surah al-Hamd and the other Surah. Issue No. 1277- If the follower recites the Surah al-Hamd and the other Surah by mistake, or recites Surah al-Hamd and the Surah thinking that the voice which he is hearing is not the voice of the Imam and realizes later that it was the voice of the Imam his prayers is in order. And if he doubts whether it is the voice of the Imam or another person, the precaution is that he should not recite Surah al-Hamd and the Surah. Issue No. 1278- The follower should not say Takbiratul Ehram before the Imam. However, there is no harm in saying other Zikrs before him, though the recommended precaution is that he should not do so if he hears the Imam’s

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voice. Issue No. 1279- The follower should not perform any acts of the prayers like Ruku' and Sajdah before the Imam. Indeed, he should perform them with the Imam or a little after him. And if he raises his head from Ruku' before the Imam by mistake, he should return to Ruku', and then raise his head with the Imam. In this case, the extra Ruku' will not invalidate the prayers. However, if the Imam raises his head before the follower reaches him in Ruku', the prayers of the follower will be void. Issue No. 1280- If a follower raises his head from Sajdah before the Imam thinking that the Imam has raised his head from Sajdah, he should return to Sajdah and if it happens in both the Sajdah, in spite of the extra two Sajdahs being Rukn, the prayers will remain in order. However, if he returns to Sajdah and then realises that the Imam has already raised his head from Sajdah, his prayer is in order. However, if this thing happens in both the prostrations his prayers is void. Issue No. 1281- If a follower raises his head from Ruku' or Sajdah before the Imam by mistake, and does not return to Ruku' or Sajdah by mistake, or under the impression that he cannot join the Imam, his congregational prayers is in order. Issue No. 1282- If a follower bows before the Imam by mistake and the position is such that if he raises his head he may hear some part of the qira'at (Surah) of the Imam, and if he raises his head and goes into bowing with the Imam, his prayers is in order. If he realises that he will not reach anything of the Qira’at of the Imam, the obligatory precaution is that he should raise his head and finish the prayers with the Imam and then offer the prayers again. Issue No. 1283- In all the cases where the follower should return, if he does not return intentionally, there would be problem in his prayers. Issue No. 1284- If, owing to mistake, the Imam recites Tashahhud in a Rak’at which does not have Tashahhud, or recites Qunut in a Rak’at which does not have Qunut, the follower should not recite Tashahhud or Qunut. But, he cannot rise before the Imam rises or go into Ruku' before the Imam goes. In fact, he should make the Imam realise his mistake by making a sign, and if this is not possible, he should wait until the Qunut or Tashahhud of the Imam comes to an end, and should offer the remaining prayers with him.

Recommended Things in Congregational Prayers▲
Issue No. 1285- It is recommended to observe the following in a congregation with the hope of gaining divine reward:

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1- If there is only one male follower, it is recommended that he stands at the right hand side of the Imam, a little behind him, and if there is only one female follower, she will stand at the right hand side of the Imam, but slightly behind so that when she goes to Sajdah, her head is in line with Imam’s knees. And if there is one male, and one female or more females in the congregation, the male will position himself to the right of the Imam, and the females will all stand behind the Imam. And if there are many men or many women, they will all stand behind the Imam, but if there are many men and many women, the men will stand behind the Imam and the women will stand behind the male followers. 2- If the Imam and the follower are both women, they should stand in a line, but the Imam should stand a little ahead of the followers. 3- The Imam should stand in the middle of the row and the learned and pious persons should stand in the first row. 4- The rows of the congregation should be properly arranged, and there should be no distance between the persons who are standing in one row; their shoulders should be adjacent to one another's. 5- After the recitation of Qadqa matis Salah, the followers should stand up and be ready for congregation. 6- The Imam of the congregation should take into account the condition of those followers who may be weaker than others, and should not make haste so that those who are weak can reach him, and he should not prolong Ruku', Sajdah and Qunut, except when he knows that all those who are following him are in favour of their prolongation. 7- While reciting Surah al-Hamd and the other Surah loudly, the Imam of the congregation should make his voice so loud that others may hear it. However, he should not make his voice extraordinarily loud. 8- If Imam realises in Ruku', that a person has just arrived and wants to follow him it is recommended that he should prolong the Ruku' twice as much as usual and then stand up, although he may come to know that another person has also arrived to follow him.

Abominable Things in Congregational Prayers▲
Issue No. 1286- It is befitting that one should avoid the following with the hope of gaining divine reward: 1- If there is space in the rows of the congregation it is abominable for a person to stand alone. 2- It is abominable that the follower recites the recitations of the prayers in such a way that the Imam may hear them. 3- It is abominable for a traveller, who offers Zuhr, Asr and Isha prayers in shortened form (two Rak’ats), to follow in the prayers a person, who is not a traveller. And it is abominable for a person who is not a traveller to follow a traveller in these prayers. (Of course, here abominable is meant for less reward, otherwise, the congregational prayer has its reward in any case).

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Ayaat Prayers▲
Issue No. 1287- Ayaat (Signs) Prayers becomes obligatory on account of the following four things: i) & (ii) Solar and Lunar Eclipse: Even if the sun or the moon are eclipsed only partially and the phenomenon does not create fear in any person. (iii) Earthquake: Even if none becomes afraid of it. (iv)Thunder and lightning, red and black cyclone and other similar celestial phenomena, which frightens most of the people; similarly for the terrestrial events which engender fear in most of the people Ayaat Prayers should be offered, as an obligatory precaution. Issue No. 1288- If several events which make Ayaat Prayers obligatory occur together, one should offer Ayaat Prayers for each of them. For example, if earthquake takes place several times, or a solar eclipse as well as an earthquake take place at the same time, one should offer separate Ayaat Prayers for each of these two occurrences. However, if these occurrences take place while a person is offering Ayaat Prayers, that one Ayaat prayer will suffice. Issue No. 1289- It is not necessary to specify as to which occurrence he is offering the Ayaat Prayers for. If he makes the intention for offering the prayers which is obligatory on him, it will suffice. Issue No. 1290- Offering of Ayaat Prayers is obligatory for the residents of only that town in which the event takes place. And if the event takes place in another city, it is not obligatory for them to offer Ayaat Prayers. Issue No. 1291- Ayaat Prayers should be offered when the eclipse commences and should not be delayed till such time that the sun or the moon may start coming out of eclipse. However, the recommended precaution is that one should offer the prayers before the reversal of eclipse commences. Issue No. 1292- When earthquake, thunder lightning and other similar events take place, a person should offer Ayaat Prayers immediately, and in case he delays offering the prayers he commits a sin, and as a recommended precaution, he should offer it whenever he can offer it in his lifetime. Issue No. 1293- If a person did not know about the sun or the moon eclipse, and came to know after the eclipse was over, he should give its qadha if it was a total eclipse. And if he comes to know that the eclipse was partial, qadha will not be obligatory. Issue No. 1294- If a person is informed about lunar or solar eclipse but he is not sure of it and consequently does not offer the Ayaat Prayers, if it transpires later that what was said was true, he should offer Ayaat Prayers if it was a

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total eclipse, otherwise, it is not obligatory upon him to offer the prayers. Issue No. 1295- If a person is satisfied with the statement of astronomers, who know the time of solar or lunar eclipse in accordance with the scientific rules, he should offer Ayaat Prayers. Also if such persons say that the sun or moon will be eclipsed at such and such time and the duration of the eclipse will be so much and a person is satisfied with what they say, he should act according to their statement. Issue No. 1296- If the Ayaat Prayers also becomes obligatory on a person at the time of daily prayers, and if he has time at his disposal for both the prayers, there is no harm in his offering any one of them first. If the time for one of them is short, he should offer that prayers first, and if the time for both of them is short, he should offer the daily prayers first. Issue No. 1297- If a person realises during the daily prayers that the time for Ayaat Prayers is short, and if the time for daily prayers is also short, he should complete the daily prayers first, and should then offer the Ayaat prayers. And if the time of the daily prayers is not short he should break it and should first offer the Ayaat Prayers and then offer the daily prayers. And if a person realises while offering Ayaat Prayers, that the time for daily prayers is short, he should leave Ayaat Prayers and start offering the daily prayers. After completing the daily prayers, and before performing any act which nullifies the prayers, he should start offering Ayaat Prayers from the same point, at which he abandoned it. Issue No. 1298- If solar or lunar eclipse, takes place when a woman is in her monthly menses or Nifas (lochia), and if she has not yet become pure from the blood of menses or Nifas till the reversal of eclipse commences, it will not be obligatory for her to offer Ayaat Prayers nor is there any qadha upon her.

Method of Offering Ayaat Prayers▲
Issue No. 1299- Ayaat Prayers consists of two Rak’ats, and there are five Ruku' in each. It can be offered in the following two ways: 1- After making an intention of offering the prayers, one should say takbir (Allahu Akbar) and recite Surah al-Hamd and the other Surah, and then perform the Ruku'. Thereafter, he should stand and recite Surah al-Hamd and the other Surah and then perform another Ruku'. He should repeat this action five times, and, when he stands after the fifth Ruku', he should perform two Sajdah, and then stand up to perform the second Rak’at in the same way as in the first. Then he should recite Tashahhud and Salam. 2- After making an intention to offer Ayaat Prayers, a person is allowed to say takbir and recite Surah al-Hamd and then divide the verses of the other surah into five parts, and recite one part and thereafter perform the Ruku'. He should

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then stand up and recite the second part of that Surah (without reciting Surah al-Hamd) and then perform another Ruku'. He should continue repeating this action and finish that Surah before performing the fifth Ruku'. Then he should perform the Ruku', and the second Rak’at should be done in the same way as the first Rak’at. For example, he may divide Surah al-Ikhlas (Qul huwallahu Ahad) in the following manner: Before the first Ruku', he should say Bismillahir Rahmanir Rahim and perform the first Ruku'. He should then stand up and say Qul huwallahu Ahad, and perform the second Ruku'. He should then stand up and say Allahus Samad, and perform the third Ruku'. Thereafter he should stand up again and say Lam yalid walam yulad, and perform the fourth Ruku'. Then he should stand up again and say, Walam yakullahu kufuwan ahad, and perform the fifth Ruku'. Then he should perform the two Sajdah and then continue the second Rak’at in the same manner in which he has performed the first one and then recite Tashahhud and salaam after having performed the second Sajdah. Issue No. 1300- There is no harm if in one Rak'at of Ayaat Prayers, a person after Surah Al Hamd recites another Surah five times, and in the second Rak'at recites Surah Al Hamd, and divides the other Surah into five parts. Issue No. 1301- The things which are obligatory and recommended in daily prayers are also obligatory and recommended in Ayaat Prayers, except that there is no Adhan and Iqamah in it; instead, one may say ‘As-Salat” three times in the hope of gaining divine reward (thawab). Issue No. 1302- It is recommended that one should say Sami ‘Allahu liman hamida and Allahu Akbar in each Rak’at before bending for Sajdah, and it is also recommended to say takbir before and after each Ruku'. Issue No. 1303- It is recommended to recite Qunut before the tenth Ruku'. Issue No. 1304- If a person doubts as to how many Rak’ats he has offered, and is unable to arrive at any decision, his prayer is void. But if he doubts as to how many Ruku' he has performed, he should decide on the lesser number of Ruku, and if he has gone into Sajdah he should ignore his doubt. Issue No. 1305- Every Ruku' of Ayaat Prayers is a Rukn (basic element), and if any addition or deduction takes place in them intentionally or forgetfully, the prayers will be void.

Eid-ul Fitr and Eid-ul Azha Prayers▲
Issue No. 1306- Eid-ul Fitr and Eid-ulAzha prayers are obligatory during the time of Imam (a.s.) and it is necessary to offer them in congregation. However, during the present times when the Holy Imam (a.s.) is in occultation, these

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prayers are recommended, and may be offered individually as well as in congregation. Issue No. 1307- The time of Eid-ul Fitr and Eid-ul Azha prayers is from sunrise of the Eid day till Zuhr. But it is recommended that Eid-ul Azha prayers is offered after sunrise. As for Eid-ul Fitr prayers, it is recommended that one should have a breakfast after sunrise, pay Zakatul Fitr and then offer Eid prayers.

Method of Offering Eid Prayers▲
Issue No. 1308- Eid-ul Fitr and Eid-ul Azha consist of two Rak’ats. In the first Rak’at, one should recite Surah al-Hamd and another Surah and then say five takbirs, and after every takbir he should recite Qunut. After the fifth Qunut, he should say another takbir and then perform Ruku' and two Sajdah. He should then stand up and say four takbirs in the second Rak’at, and recite Qunut after everyone of these takbirs. Thereafter, he should say the fifth takbir and then perform Ruku' and two Sajdah. After the second Sajdah he should recite Tashahhud, and then complete the prayers with Salam.

Recommended Acts in Eid Prayers▲
Issue No. 1309- Any Du'a will suffice in Qunut. However it is better that the following Du'a is recited with the intention of gaining divine reward: Allahumma ahlal kibriya’i wal ‘azamah, wa ahlal judi wal jabarut, wa ahlal ‘afwi war rahma, wa ahlal taqwa wal maghfirah. As aluka bihaqqi hazal yawmil lazi ja’altahu lil muslimina ‘ida, wali Muhammadin sa lal lahu ‘Alaihi wa Alihi, zukhran wa sharafan wa karamatan wa mazida an tusalliya ‘ala Muhammad wa Ali Muhammad, wa an tudkhilani fi kulli khayrin adkhalta fihi Muhammadan wa Ala Muhammad, wa an tukhrijani min kulli sou’in akhrajta minhu Muhammadan wa ali Muhammad, salawatuka ‘alayhi wa ‘alayhim. Alla humma inni as aluka khayra ma sa alaka bihi ibadukas salihun, wa auzubika mim masta aza minhu ibadukal mukhlasun. Issue No. 1310- It is recommended to observe the following in Eid-ul Fitr and Eid-ul Azha prayers with the hope of gaining divine reward. 1- To recite the Qira’at loudly. 2- To recite two sermons after the prayers. There is no difference between the Eid sermons and the Friday prayer sermons, except that the two sermons in Friday prayers are delivered before the prayers while in Eid prayers, the two sermons are delivered after the prayers (the two sermons are delivered if the prayer is offered in congregation). 3- No particular Surah has been specified for Eid prayers. However, it is better that after reciting Surah al-Hamd in the first and the second Rak’ats the following Surahs be recited: Surah Sabbi Hism Rabbik al-’Ala in the first Rak’at

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and Surah Wash Shams in the second Rak’at. 4- It is recommended to break one’s fast with dates before prayers on the day of Eid-ul Fitr and after prayers it is desirable to eat a little from the meat of the animal which has been slaughtered as a part of the Eid rituals on that day. 5- It is recommended to do Ghusl before the prayers, and to recite the supplications which have been prescribed in the Du'a books before and after it. 6- It is recommended that during Eid prayers prostrations be performed on earth and hands be raised while saying takbirs. 7- It is recommended that the following takbirs be said on Eid-ul Fitr night (i.e. night preceding the Eid day), after Maghrib and Isha prayers, and on Eid day after Fajr prayers, as well as after Eid-ul Fitr prayers: “Allahu Akbar, Allahu Akbar, la ilaha illal lah wallahu Akbar, Allahu Akbar, wa lilla hil hamd, Allahu Akbar ala ma hadana.” 8- In Eid-ul Azha, the above-mentioned takbirs should be said after ten prayers, of which the first is the Zuhr prayers of Eid day and the last is the Fajr prayers of the 12th Zillhajj. After the above-mentioned takbirs, the following supplication should be recited: “Allahu Akbar ‘ala ma razaqana min bahimatil an’am, wal hamdu lil lahi ‘ala ma ablana”. If a person happens to be in Mina on the day of Eid-ul Azha, he should say these takbirs after fifteen prayers, of which the first is the Zuhr prayers of Eid day, and the last is the Fajr prayers of the 13th Zillhajj. 9- The Eid prayers should be performed in the open fields, not under a roof.

Rules of Eid Prayers▲
Issue No. 1311- If a person doubts as to how many Takbirs or Qunuts of the Eid Prayers he has said, and if he has not yet passed the place of it, he should decide on the lesser number, and there is no harm if it transpires later that he had performed it. Issue No. 1312- If a person goes into Ruku' and remembers that he has forgotten to say Qira’at or Takbirs or Qunuts, his prayers is in order. Issue No. 1313- If a person forgets one Sajdah or Tashahhud in Eid prayers, the obligatory precaution is that he should perform it after the prayers. However, if something takes place for which a Sajadatus Sahv is necessary after daily prayers, the obligatory precaution is that he should perform Sajdah Sahv after the prayers.

Fasting ▲ The Obligation of Fasting ▲
Issue No. 1314- It is obligatory upon all those who have reached the age of obligation to observe fast every year in the holy month of Ramadhan as will be

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explained in the coming issues. Issue No. 1315- Fasting means that a person must, in obedience to the commands of Allah, refrain, from the time of Adhan for Fajr prayers up to Maghrib, from the things which invalidate the fast as will be explained in the coming issues.

Intention to Fast▲
Issue No. 1316- Fasting is one of the acts of worship and it should be performed with intention. When making an intention, it is not necessary for a person to pass the intention for fasting through his mind or say it verbally. Rather it is sufficient for him to determine that in obedience to the command of Allah he will not perform, from the time of Adhan for Fajr prayers up to Maghrib, any act which may invalidate the fast. Issue No. 1317- In order to ensure that he has been fasting throughout this time, he should, as a matter of precaution, begin abstaining a little earlier than the Adhan for Fajr prayers, and continue to refrain for a little after Maghrib, from acts which invalidate a fast. Issue No. 1318- It is sufficient that a person makes intention every night of the holy month of Ramadhan that he would be fasting on the following day it is better to make an intention on the 1st of Ramadhan that he would fast throughout that month. Issue No. 1319- There is no specific time for making an intention. In fact, if one makes an intention at any time before Adhan for Fajr prayers, it would be sufficient, and if he gets up for eating food before dawn and if he is asked why he has got up and he says that he intends to observe fast, it will be sufficient. Issue No. 1320- As regards a recommended fast the time for making an intention to observe it continues throughout the day and it is possible to make an intention of fast even moments before Maghrib provided that one has not committed any such act which invalidates the fast. Issue No. 1321- If in the month of Ramadhan, one forgets to make an intention of fast, and if he remembers it before the Adhan of Zuhr and immediately makes an intention and he has not done any act that invalidates the fast, his fast is in order. However, if he makes an intention of fast in the afternoon, it will not be in order. Issue No. 1322- If a person intends to keep a fast other than that of Ramadhan, he should specify that fast, for example, he should specify it as the qadha fast or observe a fast to fulfil a vow. On the other hand, it is not necessary that a

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person should specify in his intention that he is going to observe a fast of Ramadhan. However, if, in Ramadhan, a person makes an intention that he is going to observe fast the following day, it will be sufficient. In case, therefore, a person is not aware or forgets that it is the month of Ramadhan, and makes an intention to observe some other fast it will be considered to be the fast of Ramadhan. But if he knows that it is the month of Ramadhan, yet he intentionally makes an intention of observing a fast other than the fast of the month of Ramadhan, his fast will not be reckoned as the fast of the month of Ramadhan, nor will it be counted as the fast for which he had made an intention. Issue No. 1323- It is not necessary to specify that one is going to observe the fast of the first or the second day of the month or so on. Even if he specifies a day, for example, if he says “I am observing the fast of the second day of Ramadhan” and understands later that it was the third day of the month, his fast is in order. Issue No. 1324- If a person makes an intention before the Adhan for Fajr prayers to observe a fast and then becomes unconscious or gets intoxicated and comes to senses during the day while he has not done any act that invalidates the fast, he should, on the basis of obligatory precaution, complete the fast of that day and should also observe its qadha. Issue No. 1325- If a person did not know or forgot that it was the month of Ramadhan, and did not observe a fast and takes notice of this after or Zuhr and if he has performed some act which will invalidates a fast, he should, as respect for the month of Ramadhan, not perform any act till Maghrib which invalidates a fast, and should also observe qadha of that fast after the month of Ramadhan. Issue No. 1326- If a child reaches the age of puberty before the Adhan for Fajr prayers in the month of Ramadhan, he/she should keep fast and if he/she reaches the age of puberty after the Adhan for Fajr prayers and if he has not performed any act which invalidates a fast, he/she should, on the basis of obligatory precaution, observe fast and also observe its qadha later. Issue No. 1327- If a person has the qadha fasts of the month of Ramadhan or another obligatory fast on him to observe, it is not permissible for him to observe a recommended fast. In case, therefore, he forgets this and observes a recommended fast and remembers it before Zuhr, he can turn his intention to an obligatory fast, and if he takes notice of the position after Zuhr, his fast is void. Issue No. 1328- A person who has been hired to observe the fasts of a dead person may observe recommended fast for himself.

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Issue No. 1329- If it is obligatory upon a person to observe a specific fast other than that of the holy month of Ramadhan, for example, if he has vowed that he would keep fast on a particular day, and he does not make an intention purposely till the Adhan for Fajr prayers, his fast would be void, but if he forgets and remembers it before Zuhr, he can make an intention. Issue No. 1330- If a person has an unspecified obligatory fast upon him to observe (e.g. the qadha fast of the month of Ramadhan or a fast for atonement), the time to make an intention for it is till Zuhr. That is, if he has not done anything to invalidate a fast, and makes an intention before Zuhr, his fast is in order. Issue No. 1331- If a non-Muslim embraces Islam in the month of Ramadhan before Zuhr, he should, on the basis of obligatory precaution, observe fast if he has not committed any act which would make a fast void. He is not under the obligation to perform any qadha of fasts. Similarly, if a patient recovers from his illness before Zuhr in the month of Ramadhan and has not committed any act which invalidates the fast, he should make an intention to observe fast and he should also, as a precaution, give the qadha of the fast. But if he recovers after Zuhr, it is not obligatory for him to observe fast on that day. He should observe its qadha only. Issue No. 1332- If there is a doubt about the last day of Shaban or the fist day of Ramadhan then the fast of that day is not obligatory. If however, somebody wants to observe fast on that day, he should observe the fast with the intention of the last day of Sha’ban, or if he has qadha fasts to observe, he should make the intention of qadha. And if it transpires later that it has been the holy month of Ramadhan, it will be reckoned as the fast of the month of Ramadhan. And if he learns during the day that it is the first day of Ramadhan, he should immediately change his intention to the fast of the month of Ramadhan. Issue No. 1333- If somebody is reluctant in his intention to break or not to break an obligatory fixed fast or the fast of Ramadhan, or decides to cancel his intention of observing a fast, his fast becomes invalid. If he also intends to perform an act which invalidates the fast, for example, he decides that he should eat something, his fast becomes invalid even if he does not eat anything at all. However, if he is not aware at that time that (for example) the said act invalidates the fast, his fast remains valid. Issue No. 1334- If, while observing a recommended fast or an obligatory fast the time of which is not fixed (e.g. a qadha fast) a person intends to break the fast or wavers whether or not he should do so, and if he does not break it and makes a fresh intention before Zuhr, his fast will be in order.

Things Which Make a Fast Void▲
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Issue No. 1335- There are nine things which invalidate fast, on the basis of precaution: (1) Eating and drinking (2) Sexual intercourse (3) Masturbation (Istimna) (4) Ascribing false things to Almighty Allah, or his Prophet or to the successors of the Holy Prophet (5) Making thick dust reach one's throat (6) Immersing one’s complete head in water. (7) Remaining in the state of Janabat or Hayz or Nifas till the Adhan for Fajr prayers (8) Enema with liquids (9) Vomiting intentionally. Rules with regard to these acts will be narrated in the following articles.

Rules of Things which Make a Fast Void▲ Eating and Drinking -1 ▲
Issue No. 1336- If a person eats or drinks something intentionally, while remembering that he is fasting, his fast becomes void, and it is immaterial whether the thing which he eats or drinks is usually eaten or drunk (e.g. bread and water) or not (for example leaves of a tree) or whether it is more or less so much so that if a person, who is fasting, takes the toothbrush out of his mouth and then puts it back into his mouth, swallowing its liquid, his fast will be void, unless the moisture in the tooth brush is little and mixes up with the saliva. Issue No. 1337- If while eating and drinking, a person realises that it is Fajr, he should throw out whatever is in his mouth, and if he swallows it intentionally, his fast is void and it also becomes obligatory on him to give Kaffara (atonement). Issue No. 1338- Eating and drinking forgetfully does not make fast invalid. Issue No. 1339- As an obligatory precaution, one who is fasting should avoid having injections which are used as food or medicine, but there is no objection to an injection which anaesthetizes one’s limb. Issue No. 1340- If a person wishes to observe a fast, he would better wash his teeth and use a toothpick before the adhan of Fajr prayers. And if he knows that some particles of food have remained in between his teeth, which will go down into his stomach during the day, the obligatory precaution is that he must clean his teeth and use a toothpick. If he does not wash his teeth and something goes down into his stomach, he should complete the fast of that day and later observe its qadha. Issue No. 1341- Swallowing saliva does not invalidate a fast, although it may have got collected in one’s mouth owing to one’s thinking about sour things. There is no harm in swallowing one’s phlegm or mucous from head and chest so long as it does not come up to one’s mouth. But, if it reaches one’s mouth, the obligatory precaution is that one should not swallow it.

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Issue No. 1342- Chewing food to feed a child or tasting food etc. or washing the mouth with water or a medicine will not invalidate the fast, if it does not go down the throat. If it happens to reach there involuntarily, there would be no problem in it. However, if a person knows beforehand that it will reach there involuntarily, his fast would be void and he should observe its qadha and it is also obligatory for him to make atonement for it. Issue No. 1343- If a person observing fast becomes so thirsty that he will not be able to bear and fears that he may become sick or die, he can drink water as much as it is necessary, however, his fast will become void, and if it is the month of Ramadhan, he should, for the rest of the day, refrain from all acts which would invalidate the fast. Issue No. 1344- A person cannot abandon fast on account of weakness. However, if his weakness is to such an extent that fasting becomes totally unbearable, there is no harm in breaking the fast. Also, he can break his fast, if he fears that he may become sick.

Sexual Intercourse -2 ▲
Issue No. 1345- Sexual intercourse invalidates the fast of both man and woman, even though the male organ may enter up to the point of circumcision only, and no semen is discharged. If the penetration is less than the point of circumcision, and if no ejaculation takes place, and also if one doubts whether or not the male organ has entered up to the point of circumcision, his fast is valid. Issue No. 1346- If a person forgets that he is observing fast and commits sexual intercourse or he is compelled to have sexual intercourse in such a manner that he becomes helpless in that matter, his fast does not become void. However, if he remembers that he is observing fast or ceases to be helpless during sexual intercourse, he should withdraw from the sexual intercourse at once, and if he does not do so, his fast becomes void.

(Istimna (Masturbation -3 ▲
Issue No. 1347- If a person, who is observing fast, performs masturbation (Istimna), his fast becomes void. If semen is discharged involuntarily, while sleeping or awake, his fast does not become void. Issue No. 1348- Even if a person observing fast knows that if he sleeps during the day time he will become Muhtalim, i.e. semen will be discharged from him during sleep, it is permissible for him to sleep, and if he becomes Muhtalim, his fast does not become void. Issue No. 1349- If a person who is observing fast, wakes up from sleep while

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ejaculation is taking place, it is not obligatory on him to stop it from being discharged. Issue No. 1350- A fasting person who has become Muhtalim may urinate or performs Istibra although he may be knowing that owing to his urinating the remaining semen will come out of his body. Even if he has performed Ghusl, the discharge of semen will not harm his fast, but in this case it will be mandatory on him to repeat the Ghusl. Issue No. 1351- If a fasting person who has become Muhtalim, knows that there is some semen left in his urine track, and if he does not urinate before performing Ghusl, and semen is discharged after performing Ghusl, it would be better for him to urinate before it but it is not obligatory. Issue No. 1352- If a person who is observing fast, with the intention of discharging semen, performs masturbation, his fast will become void, even though no semen is discharged from him. Issue No. 1353- If a person who is observing fast, indulges in courtship with his wife without having the intention of discharging semen and if he is not used to having semen discharged as a result of playing and joking to this extent, his fast is in order. However, if semen is discharged unexpectedly, there is problem in his fast, unless he was certain before it that semen would not be discharged.

Ascribing Lies to Allah and His Prophet -4 ▲
Issue No. 1354- If a person, who is observing fast, intentionally ascribes something false to Allah and the Prophet (pbuh) and his vicegerent (a.s.), verbally or in writing or by making a sign, his fast becomes void , as an obligatory precaution, even if he may at once repent for it. The same ruling also applies to imputing lies to all the other prophets and to Fatima Zahra (a.s.). Issue No. 1355- If a person observing fast wishes to quote something which he does not know whether it is true or false, he should give a reference of the person who reported it, or of the book in which it is written. For example, he should say that such and such narrator says so, or it has been written in such and such books that the Prophet (pbuh) has said that... Issue No. 1356- If a person quotes something as the word of Allah or of the Holy Prophet with the belief that it is true, but realises later that it is false, his fast does not become void. But, on the contrary, if he ascribes something to Almighty Allah or the Holy Prophet knowing it to be false and understands later that it was true, his fast is harmed (there would be problem in his fast). Issue No. 1357- If a person intentionally ascribes to Allah or the Holy Prophet a

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falsehood fabricated by someone else, his fast is harmed. Issue No. 1358- If a person who is observing fast, is asked whether the Holy Prophet (pbuh) has said such and such thing, and he intentionally says ‘Yes’, while the Holy Prophet has not said so or he says ‘No’, while the Holy Prophet has said so, his fast is harmed. Issue No. 1359- If a fasting person intentionally tells lies in quoting the religious rulings, for example, if he narrates an obligatory thing as a non-obligatory and a haraam as a halal, and by this he intends to ascribe it to Almighty Allah or the Holy Prophet, his fast is harmed. But, if his intention is to ascribe the fatwa to a Mujtahid, then he has committed a haraam act, but his fast is not affected. The same ruling applies also to a person who quotes a doubtful ruling without knowing about it.

Letting Thick Dust Reach One’s Throat -5 ▲
Issue No. 1360- Allowing thick dust to reach one’s throat, if it is changed into mud and goes down the throat, makes the fast void, irrespective of whether the dust is of something which is halal to eat, like flour, or of something which is haraam to consume like earth. Issue No. 1361- If thick dust is whipped up by the wind or sweeping the ground, and if a person does not take care in spite of taking notice of it, and the dust reaches his throat, his fast will be void, as it was explained in the previous issue. Issue No. 1362- As an obligatory precaution, a fasting person should avoid smoking cigarettes, tobacco, and other similar things, and the precaution is that he should also not let thick steam reach his throat. But there is no harm in going to a bathroom, although vapour may have occupied the bathroom. Issue No. 1363- If a person forgets that he is fasting and does not exercise care, or if dust or any other similar thing enters his throat involuntarily, his fast does not become void. Issue No. 1364- A fasting person should exercise precaution where he thinks that dust or smoke might reach his throat, but if he is sure or thinks that it will not reach his throat, his fast is in order.

Immersing One’s Head in Water -6 ▲
Issue No. 1365- A fasting person should not, as a measure of obligatory precaution, immerse his entire head intentionally in water, even if the rest of his body remains out of water. But if the entire body and a part of the head are in water and the other part of the head remains out of water, it does not

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invalidate the fast. The same ruling applies to immersing the head in other liquids such as rose water and other mixed water. Issue No. 1366- If a person immerses half of his head in the water once, and the other half the second time, his fast is not affected. But if a person immerses the entire head under water while leaving some hair out, his fast is harmed. Issue No. 1367- If a person is obliged to immerse his head in water in order to save a human being from drowning, his fast is harmed, however, saving someone’s life is obligatory and one should observe the qadha of the fast, if he immerses his head in water. Issue No. 1368- If divers hide their heads in their helmets and dive under water, their fast is in order. Issue No. 1369- If a fasting person falls into the water involuntarily, or if he is pushed into water and his head goes under water, or he forgets that he is observing fast and pushes his head under water, his fast will not be void. However, if he recollects that he is fasting, he should, as an obligatory precaution, take his head out of water at once. Issue No. 1370- If a fasting person forgets that he is fasting, and immerses his head under water with the intention of performing Ghusl, both his fast and his Ghusl will be in order. But, if he knows that it is a specific obligatory fast and intentionally does so, he should, as an obligatory precaution, give qadha for the fast and also perform Ghusl again.

Remaining in Janabat or Hayz or Nifas till Fajr Time -7 ▲
Issue No. 1371- If a person in Janabat does not take Ghusl intentionally till the time of Fajr prayers, his fast becomes void, as an obligatory precaution. And if he cannot do Ghusl or if the time is short, he should perform tayammum. If it is not on purpose, his fast is in order. This rule also applies to a woman who has become pure from Hayz or Nifas. She has to act in the same way as a person who has remained in Janabat till Fajr time. Issue No. 1372- Remaining in Janabat till the time of Fajr prayers which makes fast void applies only to the fast of the month of Ramadhan and its qadha. It will not invalidate fasts other than these. Issue No. 1373- If a person in Janabat in the month of Ramadhan forgets to take Ghusl, and remembers it after one day or more, he should give qadha of the days on which he is certain to have remained in Janabat. For example, if he does not know whether he was in Janabat for three or four days, he should observe the qadha of the fasts of three days, and observing the qadha of the

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fourth day is a recommended precaution. Issue No. 1374- If a person, who does not have time for taking Ghusl or performing tayammum at night in the month of Ramadhan, enters the state of Janabat intentionally, his/her fast is void, and he should, as a matter of precaution, give qadha and Kaffara. The same rule applies where a person has no time for taking Ghusl but has time for performing tayammum only. Issue No. 1375- If a person thinks that he has time for taking Ghusl and makes himself enter the state of Janabat, and finds out later that the time was short and performs tayammum, his fast will be in order. Issue No. 1376- If a person who is in Janabat during a night in the month of Ramadhan and knows that if he goes to sleep he will not wake up till Fajr, he should not sleep. And if he sleeps and does not wake up, his fast is harmed, and he should, as an obligatory precaution, give qadha and Kaffara. But if he is certain that if he goes to sleep he will wake up before the time of Fajr prayers, he may go to bed. However, if he wakes up for a second time, the precaution is that he should not go to sleep until he performs Ghusl. Issue No. 1377- If a person who is in Janabat in the night of the month of Ramadhan and is certain or it is probable that if he goes to bed, he will wake up before the Fajr prayers, and in case he is determined to do Ghusl upon waking up, and sleeps with this determination till the time of Fajr prayers, his fast will be in order. But, if he does not intend to do Ghusl then, or is undecided about it, in such a case, if he does not wake up, his fast is harmed. Issue No. 1378- If such a person sleeps and wakes up and knows it, or it is probable, that if he goes to sleep he will wake up to perform Ghusl before the Adhan for Fajr prayers, and if he goes to sleep and remains asleep till the Adhan for Fajr prayers, the precaution is that he should observe the qadha of the fast of that day. Also, he should observe the qadha, if he goes to sleep for a third time and remains asleep. However, Kaffara does not become obligatory in any of these cases. Issue No. 1379- The sleep during which a person becomes Muhtalim, is not considered to be the first sleep. But, if he wakes up from that sleep and sleeps again, it will be considered as the first sleep. Issue No. 1380- If a fasting person becomes Muhtalim during the day, it is better that he should do Ghusl immediately. However, if he does not do Ghusl, it will not harm his fast. Issue No. 1381- If a person wakes up in the month of Ramadhan after the Fajr Adhan, and finds that he has become Muhtalim his fast is in order, although he

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may be knowing that he became Muhtalim before the Adhan for Fajr prayers, or he may be in doubt about it. Issue No. 1382- If a person wants to observe the qadha of Ramadhan and wakes up after the Adhan for Fajr prayers finding himself Muhtalim, and knows that he became Muhtalim before the Adhan for Fajr prayers and the time for observing the qadha of the fasts till the arrival of the next month of Ramadhan is not short, he should, as an obligatory precaution, observe the qadha on another day. But, if the time of the qadha of the fasts is short, for instance, he has 5 qadha fasts to observe, and there are 5 days left till the arrival of the month of Ramadhan, then he should observe the fast on the same day, and his fast is in order. Issue No. 1383- If a woman gets free of her Hayz or Nifas before the Adhan for Fajr prayers, and she has no time to do Ghusl, she should perform tayammum, and her fast will be in order. However, if she has no time to do Ghusl or to perform tayammum, she should do Ghusl later and her fast will be in order. Issue No. 1384- If a woman gets free of Hayz or Nifas after the Adhan for Fajr prayers, she cannot observe fast. And she cannot observe fast also, if she sees blood of Hayz or Nifas during the day, though just near the dusk time. Issue No. 1385- If a woman is free of Hayz or Nifas before the Adhan for Fajr prayers, and she neglects her obligation and does not do Ghusl before Fajr, her fast will be void, as an obligatory precaution. However, if she does not neglect but waits for the public bath to open or waits for the water to get warm, and does not do Ghusl till Fajr, in case she has performed tayammum, her fast will be in order. Issue No. 1386- A woman in Istihaza should do her Ghusl according to the rules mentioned for Istihaza, and her fast will be in order. Issue No. 1387- A person who has touched a dead body, and Ghusl has become obligatory on him/her, can observe fast without doing a Ghusl for touching a dead body, and his/her fast does not become void even if he/she touches the dead body in the state of fast.

Enema -8 ▲
Issue No. 1388- If liquid enema is taken by a fasting person, his fast becomes void notwithstanding the fact that he is obliged to take it for the sake of treatment. However, there is no harm using suppository for treatment, and the obligatory precaution is to avoid the suppository which is used as a nutrient.

Vomiting -9 ▲

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Issue No. 1389- If a person observing fast vomits intentionally his fast becomes void, although he may have been obliged to do it, on account of ailment or food poisoning. However, the fast does not become void, if one vomits by mistake or involuntarily. Issue No. 1390- If a person eats something at night and knows that on account of eating it, he will vomit involuntarily during the day time, the fast will not become void. However, the recommended precaution is that he should not do so, and if he does, he should observe the qadha of that fast. Issue No. 1391- It is not obligatory for a fasting person to restrain himself from vomiting, but if it does not cause any harm or inconvenience to him, it is better to restrain himself from vomiting. Issue No. 1392- If a small particle of food or a fly enters the throat of a fasting person involuntarily, and if it has gone so deep down the gullet that it cannot be thrown out, his fast will be valid. However, if it is possible to take it out, he should do so and it will not harm the fast, but if he swallows it in this situation, his fast will be void. Issue No. 1393- If a person observing fast is certain that, if he belches, something will come out of his throat, he should not belch intentionally, but there is no harm in his belching if he is not certain about it. And if as a result of belching involuntarily, something comes into his throat or mouth, he should throw it out, and if he intentionally swallows it, his fast will be void. And if it is swallowed unintentionally, there would be no harm in it. Issue No. 1394- If a fasting person forgetfully or involuntarily does one of the nine invalidating acts which were explained earlier, his fast will be in order. But if a person who is in the state of Janabat sleeps and does not do Ghusl till the Adhan for Fajr prayers, his fast, as was explained earlier, will be harmed. Issue No. 1395- If a fasting person forgetfully does one of the invalidating acts and thinking that his fast has become invalid performs intentionally another act (which invalidates fast) his fast will not become void, but the recommended precaution is that he should give the qadha of the fast of that day. Issue No. 1396- If something is dropped forcibly into the throat of a fasting person or his head is immersed in the water by force, his fast will not become void. However, if he is compelled to break his fast, for example if he is told that if he does not take food, he would be subjected to financial or physical harm, and he himself eats something to escape harm, his fast becomes void. Issue No. 1397- A person observing fast should not go to a place where he knows that something will be dropped into his throat or he will be compelled to

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break his fast himself. But, if he intends to go but then does not go or after he goes there, they do not drop anything into his throat, his fast will be in order.

Things Which Are Makrooh for a Person Observing Fast▲
Issue No. 1398- Certain things are Makrooh for a person observing fast, some of them are mentioned below: 1- Using eye drops. 2- Applying collyrium if its taste or smell reaches the throat. 3- Performing an act which causes weakness, like donating blood (or extracting blood from the body) or going for hot bath. 4- Inhaling a snuff if one is not aware that it might reach the throat and if it is known that it will reach the throat it is not permissible. 5- Smelling fragrant herbs. 6- Sitting in the water for women. 7- Using suppository, on the basis of precaution. 8- Wetting the dress which one is wearing. 9- Pulling out a tooth or doing something as a result of which there is bleeding in the mouth. 10- Cleaning the teeth with a wet toothbrush. 11- Kissing one’s wife without the intention of letting the semen be discharged from his body or to do something which arouses lust. And if he does any such thing with the purpose of letting the semen be the discharged from his body, his fast becomes void.

Situations Where Qadha and Kaffara Become Obligatory ▲
Issue No. 1399- If a person intentionally and knowingly commits acts which invalidate fast, not only his fast becomes void but he should also give qadha and Kaffara. However, if it is on account of being ignorant of the rule, there is no Kaffara, but the precaution is that he should give qadha for it. The same rule applies where a person doubts whether Maghrib has set in or not. Issue No. 1400- If a fasting person knows that ac act is haraam but does not know that it invalidates and he commits it on account of being ignorant of the rule, Kaffarah becomes obligatory upon him, as a measure of precaution.

Kaffara for Fast▲
Issue No. 1401- The Kaffara of a fast is one of the three things: (a) free a slave (b) fast for two months (c) feed sixty poor to their fill or give one Mudd (roughly 750 grams) of foodstuff, like, wheat or barley etc. to each of them. In our time in which the subject of slavery is no longer valid, one is free to choose between the other two options, and instead of wheat, one can give bread whose wheat should be equal to one Mudd.

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Issue No. 1402- If it is not possible to fulfil any of these three acts, one should give the poor as many Mudds of food as he can afford. And if he cannot do this also, he should fast for 18 days. And if he cannot do this either, he should fast for as many as he can. And if he cannot do this either, he should seek Divine forgiveness, and to say “Astagh firullah” in his mind, it will be sufficient, and it is not obligatory to give Kaffara later when he is in a position to do so.

Rules of Kaffara for Fast▲
Issue No. 1403- A person who intends fasting for two months on account of Kaffara for a fast of Ramadhan should, as an obligatory precaution, fast continuously for one month and one day. However, it is not necessary to observe the fast of the 18 days that were mentioned earlier. Issue No. 1404- If a person who must fast continuously, fails to fast on one of the intervening days without any just excuse, he should commence fasting de novo. However, if a person cannot maintain the continuity on account of some excuse, like, monthly menstruation or Nifas or a journey that one is obliged to undertake, he/she can proceed to observe the remaining fast after the excuse is removed, and it will not be necessary to commence fasting again from the beginning. Issue No. 1405- If a person breaks his fast with something haraam, collective atonement i.e. all the three Kaffarah become obligatory on him on the basis of precaution. It means that he should set free a slave, fast for two months and also feed sixty indigent persons to their fill, (or give one Mudd of food which is approximately 750 grams to each of them). If it is not possible for him to give all the three Kaffara, he should give any one of the Kaffara which he can possibly afford (irrespective of whether the haraam thing is wine and adultery, or sexual intercourse with one’s wife during Hayz, etc.). Issue No. 1406- If a fasting person imputes lies to Allah and the Holy Prophet (pbuh) one Kaffara will be enough and it is not necessary to give all the three Kaffara. Issue No. 1407- If a fasting person engages in sexual intercourse a number of times in a day of the month of Ramadhan, one Kaffara becomes obligatory on him. If his sexual intercourse is haraam, he should give all the three Kaffara. Also, all the three Kaffara become obligatory, if he commits other invalidating haraam acts a number of times in one day. Issue No. 1408- If a fasting person commits a halal act to invalidate a fast, and thereafter commits a haraam act which invalidates a fast, he should, as an obligatory precaution, give one Kaffara for each of them.

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Issue No. 1409- If a fasting person belches and something comes in his mouth, he should not swallow it, otherwise, his fast will be void, and he should give its qadha and Kaffara but it would not be necessary to give all the three Kaffara. Issue No. 1410- If a person makes a vow that he would fast on a particular day, and if he does not observe it intentionally or invalidates it on that day, he should give Kaffara (and its Kaffara is like the Kaffara of the month of Ramadhan). Issue No. 1411- If a fasting person breaks his fast when someone unreliable informs him that Maghrib has set in, and he learns later that Maghrib had not set in, it is obligatory on him to give qadha and Kaffara. Issue No. 1412- If a person intentionally invalidates his fast and then travels, he will not be exempted from the Kaffara. However if he invalidates his fast intentionally and then an excuse like Hayz, Nifas or sickness arises, Kaffara will not be obligatory upon him. Issue No. 1413- If a person believes that it is the first day of the month of Ramadhan and invalidates his fast intentionally, but it transpires later that it is the last day of the month of Shaban, it is not obligatory on him to give Kaffara. Issue No. 1414- Similarly if a person doubts whether it is the last day of the month of Ramadhan or the first day of Shawwal and invalidates his fast intentionally, but it transpires later that it is the Eid day, it will not be obligatory on him to give Kaffara. Issue No. 1415- If a man who is fasting in the month of Ramadhan has sexual intercourse with his wife who is also fasting and if he has compelled her in the matter, he should give Kaffara for his own fast as well as for his wife’s. And if she had wilfully consented to the sexual intercourse, one Kaffara becomes obligatory on each of them. However, if he compels her to commit an invalidating act other than sexual intercourse, he has committed a sin, but it will not be obligatory upon either of them to give Kaffara, but the one who has broken his fast should give its Qadha. Issue No. 1416- If a woman compels her fasting husband to have sexual intercourse with her, only one Kaffara becomes obligatory on her and it will not be necessary for her to give Kaffara for her husband’s fast. Issue No. 1417- If a man who is fasting in Ramadhan compels his wife for sexual intercourse, and if the woman becomes agreeable to it during the intercourse, the man should, as an obligatory precaution, give two Kaffara, and there is nothing on the woman except qadha. Issue No. 1418- A person, who does not observe fast due to travelling or

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sickness, cannot compel his wife to have sexual intercourse, and if he does, then he has committed sin. However, it will not be obligatory on him to give Kaffara of her fast. Issue No. 1419- It is not obligatory to give Kaffara immediately, however, it should not be delayed so much so that it is called an act of negligence. Issue No. 1420- If one fails to fulfil Kaffara for a few years, no increase in the Kaffara takes place. Issue No. 1421- When a person is required to feed sixty poor by way of Kaffara for one fast, and if he has access to all of them, must give one Mudd of food to every indigent person and he cannot give to any one of them more than one Mudd, unless he has no access to 60 poor persons. However, if one is certain that the indigent person will give the food to each member of his family and will share the food with them; he can give a Mudd of food for each member of his family, although they may be minors. Issue No. 1422- A person offering qadha of a fast of Ramadhan, is not allowed to break his fast in the afternoon. And if he does so intentionally, he should give food to ten poor persons, one Mudd to each, and if he cannot do this, he should observe fast for three successive days.

Occasions on Which It Is Obligatory to Observe the Qadha Only ▲
Issue No. 1423- In the following cases it is obligatory on a person to observe a qadha fast only and it is not obligatory on him to give a Kaffara: 1- If a person is in Janabat during a night of Ramadhan and sleeps and wakes up, and then sleeps for a second time or third time and does not wake up, the obligatory precaution in this case is to give qadha of the fast. However, if he does not wake up in the first sleep, there would be no qadha for it and his fast will be in order. 2- If he does not commit an act which invalidates a fast but may not make an intention to observe fast, or may dissimulate (pretend that he is fasting) or may make an intention not to observe fast or may decide to perform an act, which invalidates a fast. 3- If he forgets to do Ghusl of Janabat during the months of Ramadhan and fasts for one or more days in the state of Janabat, he must give its qadha, as an obligatory precaution. 4- If a person in the month of Ramadhan commits, without investigating as to whether Fajr has set in or not, an act which invalidates a fast, and it becomes known later that the Fajr has set in, it is obligatory to observe the qadha only. Also, if he doubts or thinks after investigation that it is Fajr, qadha becomes obligatory on him. However, if he becomes certain after investigation that the Fajr has not set in and eats something, and it becomes known later that it had

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set in, it is not obligatory on him to give qadha. 5- If someone else informs that the Fajr has not set in yet, and one, on the basis of his statement, performs an act, which invalidates a fast and it becomes known later that the Fajr had set in, in such a case, it is also necessary to give qadha. However, if he becomes certain after investigation that the Fajr has not set in and eats something, and it becomes known later that it had set in, qadha will not become obligatory on him. 6- If someone else informs that it is Fajr, and one does not believe his word and thinks that he is jesting, and performs an act, which invalidates a fast, and it expires later that it was Fajr. 7- If a just person informs that it is Maghrib and one breaks his fast, and it expires later that it was not. 8- When the weather is clear and one believes owing to darkness that Maghrib has set it, and, therefore, breaks his fast, but it becomes known later that Maghrib had not set in. 9- If in order to feel cool or without any reason a person rinses his mouth (i.e. turns water round in his mouth) and the water goes into his stomach involuntarily, he should give Qadha. However, if he forgets that he is keeping fast and swallows water, it is not obligatory on him to observe qadha of the fast. Similarly, if he puts water in his mouth for wudhu and the water goes down his throat involuntarily, it is not obligatory on him to give qadha. 10- If a person plays with his wife, without having the intention of ejaculation, and semen discharges from him, he should observe the qadha of the fast only. However, if he was sure that he would not ejaculate by playing with his wife, and semen was discharged accidentally, his fast will be in order and he does not have to observe qadha.

Occasions on Which Qadha Is Not Obligatory ▲
Qadha of the fast is not obligatory in the following occasions: Issue No. 1424- A: If a fasting person puts something other than liquids in his mouth, and it goes down the throat involuntarily or puts water in his nose and it goes down involuntarily, it will not be obligatory on him to observe qadha of the fast. B: When one becomes certain after investigation that the Fajr has not set in and later it becomes known that the Fajr had set in. C: When one forgets that he is fasting and drinks water. D: When one is sure that he will not ejaculate by playing with his wife, and semen is discharged accidentally. E: When one is in the state of Janabat and sleeps and fails to wake up in his first sleep. Issue No. 1425- Rinsing the mouth too much with water is Makrooh for a person observing fast, and if, after rinsing his mouth, he wishes to swallow his

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saliva, it is better that before doing so he should throw saliva out of his mouth thrice. And if he knows that on account of rinsing his mouth water will reach his throat involuntarily, he should not rinse his mouth. Issue No. 1426- If a person is in doubt whether it is Maghrib or not, he cannot break his fast, and if he breaks it, he should give both qadha as well as Kaffara. However, if he doubts whether or not it is Fajr, he can commit the acts which invalidate fast, and it is not obligatory on him to investigate.

Rules Regarding the Qadha Fasts▲
Issue No. 1427- If an insane recovers and becomes sane, it will not be obligatory on him to offer qadha for the fasts which he did not observe when he was insane. Similarly, if an unbeliever becomes a Muslim, it is not obligatory on him to offer qadha for the fasts of the period during which he was an unbeliever. However, if a Muslim apostatises and becomes Muslim again, he must observe qadha for the fasts of the period during which he remained an apostate. Issue No. 1428- A person must offer qadha for the fasts which lapsed owing to his having been intoxicated, even if the intoxicant was taken by him by mistake or for the purpose of medical treatment. In fact, if he had made the intention of fasting, and then finished the fast in the state of intoxication, the obligatory precaution is that he should give its qadha. Issue No. 1429- A person must offer qadha for the fasts left out due to travelling or illness etc. However, if he does not know the exact numbers of the left out fasts, it will suffice to give qadha for the numbers he is sure he has left out, and it will not be obligatory on him to give qadha of the higher number, though it would be better, on the basis of recommended precaution. Issue No. 1430- If a person has to give qadha for Ramadhan fasts of several years, he can begin with the qadha of Ramadhan of any year he likes. However, if the time for qadha fasts of the last Ramadhan is short, he should, as a measure of precaution, observe qadha fast of the last one. Issue No. 1431- A person who observes a qadha for the fast of Ramadhan can break his fast before Zuhr provided that the time for qadha fast is not short, but it is not permissible to break the fast after Zuhr. Similarly, if he is observing the qadha of an unspecified fast (e.g. the qadha of the fast on account of a vow), he should not break it after Zuhr – as an obligatory precaution. Issue No. 1432- If a person does not observe the fasts of the month of Ramadhan due to illness, Hayz or Nifas and dies before the end of the month of Ramadhan, it is not necessary to give (on their behalf) the qadha for the fasts

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that he/she did not observe. Issue No. 1433- If a person does not fast in the month of Ramadhan due to illness and his illness continues till the next Ramadhan, it is not obligatory on him to observe qadha of the fasts which he had not observed, but for each fast he should give one Mudd (750 grams) of foodstuffs like, wheat, barley, bread etc. to an indigent person. And if he did not observe fast owing to some other excuse, like, travelling and his excuse continued till the next Ramadhan, the obligatory precaution is that he should observe the lapsed fasts after Ramadhan and for each day he should give one Mudd of food to an indigent person. The same applies if a person did not observe fast due to illness and later his illness ended, but there cropped up another excuse, like travelling. Issue No. 1434- If a person does not fast in the month of Ramadhan owing to some excuse, and his excuse is eliminated after Ramadhan and he does not observe the qadha fasts intentionally till next Ramadhan, he has to give qadha of the fasts and should also give one Mudd of food to an indigent person for each fast. Also, if a person is negligent of observing qadha till the time becomes short and during the shortage of time he develops an excuse, he has to give qadha and one Mudd of food to an indigent person for each day. However, if he was not negligent and guilty of delaying the qadha, and accidentally during the shortage of time a fresh excuse emerges, he should give qadha only. Issue No. 1435- If the illness of a person continues for a number of years and if there is time left for qadha till the coming month of Ramadhan, he should, after being cured, observe only the qadha fasts of the last Ramadhan, and for each day of the earlier years he should give one Mudd of food to an indigent person. Issue No. 1436- If a person delays observing fasts of the month of Ramadhan for a few years, he should give the qadha and should give one Mudd of food to an indigent person for each day. As regards to delay for the subsequent few years, however, the Kaffara does not multiply. Issue No. 1437- It is not necessary to give the Kaffara of each day to an indigent person, but he can give the Kaffara of several days to one indigent person. And it will be sufficient if he gives bread whose wheat is equal to one Mudd, but he cannot give money instead of the food unless he is sure that money will be spent for buying bread. Issue No. 1438- After the death of a person his eldest son should observe his qadha fasts as explained in connection with the prayers earlier. And as a precaution, the eldest son should also give the qadha of the fasts and prayers of his mother. Issue No. 1439- If the guardian of a dead person does not know whether the

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dead person had left qadha fasts or not, it will not be obligatory on him to observe qadha fasts. If he knows that that he has some qadha fasts but he does not know the number of the qadha days, then he should give qadha of the fasts of the days which he is sure to have been lapsed, and it will not be necessary to give qadha of more than those days.

Fasting by a Traveller▲
Issue No. 1440- A traveller should not fast as per the conditions and rules that were explained in the section relating to the prayers of a traveller. Generally speaking, one should not observe fast wherever a four-Rak’at prayer is shortened into a two-Rak’at prayer, and wherever a traveller offers full prayers (for example, a person who is a traveller by profession or who has intended to stay in a place for ten days), he should observe fast while travelling. Issue No. 1441- It is not haraam to travel during the month of Ramadhan, but it is Makrooh to travel during that month to evade fasting. Issue No. 1442- If it is obligatory on a person to observe a particular fast other than the fasts of Ramadhan, like, if he has made a vow to keep fast on the 15th of the month of Sha’ban, he should not, as an obligatory precaution, travel on that day. Even if he is already on a journey, he should make an intention to stay at a place for ten days, and should observe fast on that day. Issue No. 1443- If a person makes a vow to keep fast and does not specify its day, he cannot keep fast while travelling. However, if he makes a vow that he would keep fast on a particular day while journeying, or if he makes a vow that he will observe fast whether he is journeying on that day or not, the obligatory precaution is that he should observe the fast on that day although he may be journeying. Issue No. 1444- A traveller can observe recommended fasts in Madinah for three days with the intention of praying for the fulfilment of his wish (though he may not be intending to stay there for ten days). However, the precaution is that those three days be Wednesday, Thursday and Friday. Issue No. 1445- If a person, who does not know that the fast of a traveller is invalid, observes fast while journeying, his fast is valid, but if he comes to know the legal position during the day, his fast becomes void. Issue No. 1446- If a person forgets that he is a traveller or forgets that the fast of a traveller is void, and observes fast while journeying, he should, as an obligatory precaution, observe the qadha of that fast later.

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Issue No. 1447- If a person, who is fasting, travels after Zuhr he should complete his fast, but if he travels before Zuhr his fast is void. However, he cannot break his fast before reaching the limits at his town, and if he breaks his fast, it will be obligatory on him to give Kaffara. (The limits at one’s town are where the Adhan of the city/town cannot be heard, or where one cannot be seen by the residents of the city/town). Issue No. 1448- If a traveller reaches his hometown before Zuhr or a place where he intends to stay for ten days, and if he has not committed an act which invalidates a fast, he should observe fast on that day. But if he has committed such an act, he should give the qadha of that day later, and it is recommended that he should refrain from eating and drinking for the remaining part of the day. If he arrives in the afternoon, he cannot observe fast on that day. Issue No. 1449- It is Makrooh for a traveller and for a person who cannot fast owing to some excuse, to eat or drink to his fill or have sexual intercourse during the daytime in Ramadhan.

People on Whom Fasting Is Not Obligatory ▲
Issue No. 1450- Fasting is not obligatory on a person, who cannot fast on account of old age, or to whom fasting is a source of hardship. However, they should give one Mudd (750 grams) of wheat, or barley, etc., to an indigent for every fast. And it would be better to give bread instead of wheat or barley. And in this case, the obligatory precaution is that the net weight of the wheat of the bread should be equal to one Mudd. Issue No. 1451- If those, who have not been able to observe fast in the month of Ramadhan because of old age, can observe the qadha of the fasts in a suitable season when the weather is mild and the days are short, the precaution is that they should observe their qadha. Issue No. 1452- Fasting is not obligatory on a person, who suffers from some ailment, on account of which he feels thirst, which is unbearable to him or which becomes a source of hardship to him. However, such a person should give one Mudd of foodstuffs as Kaffara to an indigent person for every fast, as was mentioned in the previous issue. And it is better that such a person should avoid drinking more than that quantity of water which is absolutely necessary for him, and when he later becomes capable of fasting, he should, on the basis of obligatory precaution, observe the lapsed fasts. Issue No. 1453- Fasting is not obligatory on a woman whose delivery time has drawn near and while fasting is injurious to the child in the womb. However, she should give the Kaffara according to the rules mentioned in the previous issue. Fasting is also not obligatory on her if it is injurious to her own self and

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there is no Kaffara either, and later she should observe the qadha only. Issue No. 1454- If a woman is suckling a child, whether she is the mother or a nurse, and fasting causes the quantity of her milk to be reduced and causes harm to the child, it will not be obligatory on her to observe fast and she should give however one Mudd of foodstuffs per day to an indigent person, and she should also observe the qadha of the fasts later. And in case fasting is harmful to her own self, neither the fast nor the Kaffara will be obligatory on her. However, she should later observe the qadha of the fasts which she failed to observe. Issue No. 1455- If the woman, who suckles the child, is able to find another woman, who may suckle the child gratis, or on payment of remuneration by the parents of the child, or by some other person, it is obligatory on the former woman to hand over the child to the second woman and observe fasts herself.

Methods of Ascertaining the First Day of a Month▲
Issue No. 1456- The first day of a month is established in the following five ways: 1-Sighting the moon with eyes: It is not sufficient to sight the moon with telescopes and other similar means. 2- If some persons, though unjust, confirm to have sighted the moon and if their words assure or satisfy a person and every other thing which assures or satisfies him. 3- If two just persons say that they have sighted the moon. However, if their descriptions differ about the new moon, or there are indications suggesting that they are wrong, then the first day of the month will not be established by their statements. 4- If 30 days pass from the first of Sha’ban, the 1st day of the month of Ramadhan will be established, and if 30 days pass from the 1st of Ramadhan the 1st of Shawwal will be established (obviously, this is true only if the 1st of the previous month was proved by way of these methods). 5-The 1st date of a month is proved by the order of a Mujtahid. That is if the 1st of a month is proved to a just Mujtahid, and, he issues a statement announcing the 1st of the month, then, it is necessary for everyone to follow him, except for a person who is sure of his mistake. Issue No. 1457- The 1st of a month will not be proved by calendars or the calculations made by the astronomers, though they may be knowledgeable and accurate, unless one derives full satisfaction and certitude from their findings. Similarly, if the moon is high up in the sky, or sets late, it is not an indication that the previous night was the first night of the month. Issue No. 1458- If the first day of a month is proved in a city, it will be sufficient

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for other cities which are near it. Similarly, the moon is also proved for the distant cities that are united in their horizon. Also, if the moon is sighted in the cities in the east, it will be sufficient for people who are in cities in the west of them (for example, if the 1st of the moon is proved in Mashad, it will suffice for those who are in Tehran. However, it will not suffice if it is the contrary). Issue No. 1459- If the first day of the month of Ramadhan is not proved, it is not obligatory to observe fast. But, if it is proved later that the day on which he did not observe fast was, in fact, the first of the month, he should observe qadha of that day. Issue No. 1460- If a person does not know whether it is the last day of Ramadhan or the first day of Shawwal, he should observe fast on that day, and if he comes to know during the day that it is the first of Shawwal, he should break the fast, though it may be close to Maghrib. Issue No. 1461- If a prisoner cannot ascertain the advent of Ramadhan, he should act according to his judgement, and if even this is not possible, he should observe fasts in the month which is more likely to be the month of Ramadhan. And if he is not able to guess, it will be in order if he observes fast on any month. However, if his imprisonment continues, he should, as an obligatory precaution, observe fast in the same month next year.

Haraam Fasts▲
Issue No. 1462- There are two days in a year on which it is haraam to observe fast: Eid-ul Fitr (the 1st of Shawwal) and Eid-ul Adha (10th of Zil Hijjah). Issue No. 1463- If the right of a husband is violated owing to his wife observing a recommended fast, her fast is not permissible. And the obligatory precaution is that even if the right of the husband is not violated she should not observe a recommended fast without his permission. Similarly, it is not permissible for a child to observe a recommended fast if it causes suffering to his parents but it is not necessary for him to seek their permission. Issue No. 1464- If a person knows that fasting is harmful to him, he should not observe fast, and if he observes fast, it will not be in order. Similarly if a person is not sure, but he considers it strongly probable that fasting is harmful to him (irrespective of whether this probability was obtained from his personal experience or from a doctor’s advice), he should not observe fast. Issue No. 1465- If a doctor says that fasting is harmful to a person, but he has found out through experience that it is not harmful to him, he should observe fast. And if it is not known that it is harmful, he can experience fasting for a few days and then act as per the above-mentioned rule.

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Issue No. 1466- If a person, who believes that fasting is not harmful to him, observes fast and realises after Maghrib that it was harmful to him, he should, on the basis of precaution, observe the qadha of the fast of that day. Issue No. 1467- If a person doubts whether it is the end of the month of Sha’ban or the first of Ramadhan, and if he wishes to observe fast on that day, he should do so with the intention of the last day of Sha’ban, and if he observes fast with the intention of the first day of Ramadhan, his fast will be haraam and void. Issue No. 1468- Besides the fasts mentioned herein, there are other haraam fasts too, the details of which are found in relevant books.

Makrooh Fasts▲
Issue No. 1469- It is Makrooh to observe fast on Ashura and it is also Makrooh to observe fast on the day about which one is not sure as to whether it is the day of Arafa or Eidul Adha. It is also Makrooh for a guest to observe fast without the permission of his host.

Mustahab Fasts▲
Issue No. 1470- Fasting is recommended on all days of a year except those days on which, as stated above, fasting is haraam or Makrooh. However, fasting is highly recommended on certain days, namely the following: 1- The first and the last Thursdays of every month and the first Wednesday after the 10th of every month. If a person fails to observe the fasts of these fasts it is even recommended that he gives their qadha. 2- 13th, 14th and 15th day of every month. 3- All days of the months of Rajab and Sha’ban. If a person cannot observe fast on all days of these two months, he can fast for a few days, though it may be one day. 4- 24th and 29th of the month of Zil- Qa’da. 5- From the 1st to the 9th day of the month of Zil Hajj 6-The auspicious day of Ghadir (18th Zil Hajj) 7- The 1st, 3rd and 7th day of Muharram. 8- The birthday of the Holy Prophet (17th Rabi’ul awwal). 9- The day of the prophetic mission of the holy Prophet (pbuh) (27th of Rajab). 10- The day of Eid Nawrooz (21st of March). Issue No. 1471- If a person observes a recommended fast, it is not obligatory on him to complete it, and he can break it at any time he wishes to do so. In fact, if one of his brethren -in-faith invites him to a meal it is Mustahab that he accepts the invitation and breaks the fast during the day.

Those Who Cannot Observe Fast▲

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Issue No. 1472- It is recommended for the following persons that even though they may not be fasting they should refrain from those acts in the month of Ramadhan which invalidate a fast: 1- Travellers who have broken their fast during their journey and reach their hometown before Zuhr or the place where they intend to stay for ten days. 2-Travellers who reach their hometown after Zuhr or a place where they intend to stay for ten days. 3- Patients who recover before midday and who have done an act which invalidates a fast. 4- Patients who recover after midday, though they may not have eaten anything up to then. 5- Women who become pure from Hayz or Nifas during the day time. 6- Non-Muslim individuals who become Muslims after Zuhr, but if they become Muslims before noon and they have not eaten anything, they should observe fast, as an obligatory precaution. Issue No. 1473- It is recommended that a person breaks his fast after offering Maghrib and Isha prayers. However if he feels so hungry that he cannot offer the prayers with peace of mind or if someone else is waiting for him, it is better that he should break his fast first and offer the prayers afterwards. However, as far as possible, he should try to offer the prayers during the earliest (preferable) time.

Khums Issues▲ Seven Objects on Which Khums Becomes Payable▲
Issue No. 1474- Khums is obligatory on seven things: 1- Profit or gain from earning. 2- Minerals. 3- Treasure-trove 4- Amalgamation of Halal wealth with haraam. 5- Gems obtained from the sea by diving. 6- Spoils of war. 7- A land which a zimmi unbeliever (a non-Muslim living under the protection of Islamic Government) purchases from a Muslim (as an obligatory precaution).

Payment of Khums on the Seven Objects▲ Profit from Earning - 1 ▲
Issue No. 1475- If a person earns by means of farming, trade, industry or by means of working in different institutes and if his earning exceeds the annual expenses for maintaining himself and his family, he should pay Khums (i.e. 1/5) from the surplus, in accordance with the rules which will be mentioned later.

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Issue No. 1476- There is no difference between trades and what one earns through them, and if a person borrows something (e.g. money) from another person, there is no Khums on it. Similarly, there is no Khums on what a person (heir) receives as inheritance, unless he knows that the dead person did not pay Khums from it, or he owes Khums for other properties and estates. Issue No. 1477- If someone gives a person something as a gift and that property exceeds his own annual expenses, he should, as an obligatory precaution, pay its Khums. Similarly, if a person inherits from a person who is a distant relative and he did not have any information about him being his relative nor did he expect such an inheritance, the obligatory precaution here is that he should pay Khums of the inherited property. Issue No. 1478- If a person endows some property as trust to some particular persons, like his sons, and if that property yields an income which exceeds their annual expenses, they should pay its Khums. Issue No. 1479- If the property received by an indigent person on account of Khums or Zakat exceeds his expenses for one year or if he earns profit from the property given to him e.g. if he gets fruit from a tree which has been given to him by way of Khums and it exceeds his expenses for a year he should pay its Khums. Issue No. 1480- If a person purchases a commodity with the money on which the Khums has not been paid, the transaction will be void in respect of the amount of Khums unless a Mujtahid gives permission for it. In this case, he should give 1/5th of the purchased commodity to the Mujtahid. Issue No. 1481- If a person purchases a commodity, and after the transaction, pays its price from the money from which Khums has not been paid by him, the transaction will be in order and he is permitted to use it. However, since he has given the seller from the money on which Khums is due, he will remain indebted to him for the amount of the Khums of that money. In case that amount is in the hand of the seller, the Mujtahid will get the same, and if it is lost or vanished, the Mujtahid will demand its equivalent from either the seller or the buyer. Issue No. 1482- If a person purchases a property on which Khums has not been paid, his transaction will be void in respect to Khums, unless a Mujtahid gives permission. In such a case, the Khums of the price of the transaction should be given to him, and if it has been given to the seller, the buyer should take it back and give it to the Mujtahid. Issue No. 1483- If a person gives away to another person something from which Khums has not been paid, the amount of the Khums (in that thing) does not become his property.

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Issue No. 1484- If a person acquires wealth by way of trade, etc. from an unbeliever, or a person who does not believe in paying Khums, it will not be obligatory for him to pay its Khums. But if that person believes in Khums and he has not paid Khums from it, it will be obligatory on him to pay its Khums. Issue No. 1485- If we know that a person does not believe in paying Khums and does not pay Khums but we are not sure whether the property he has given us has been liable to Khums or not, (for example, he is likely to have inherited some property or he may have received a loan and we consider it probable that the thing he has given us is from that property), there would be no harm in using such a property and it is not necessary to pay Khums on it. It is also permissible to accept the invitation of such people or offer prayers in their houses insofar as we do not know that the food he has prepared or his house has been purchased with the money from which he has not given Khums. Issue No. 1486- The beginning of the Khums year for a person is his first income. That is, if a person starts a trade, business, industry, farming, etc., the first time he makes an earning will be the beginning of his Khums year. And one cannot intentionally take it forward or backward. And if he wishes to take the beginning of his Khums year forward, he should calculate and pay the Khums of his property sooner than the designated time. That time will become the beginning of his Khums year. Issue No. 1487- A person can pay Khums as and when be earns profit during a year and it is also permissible to postpone payment of Khums till the end of the year in order to subtract his possible expenses from it. Issue No. 1488- One can adopt the solar year or the lunar year for the payment of Khums. Issue No. 1489- It is not necessary for a person who has no surplus income to have a Khums year. Issue No. 1490- If a person fixes the period of one year for payment of khums but dies during the year, his expenses till his death should be deducted from his profit, and Khums should be paid on the balance. Issue No. 1491- If the price of a commodity, which one purchases for the purpose of business, shoots up, and he does not sell it on considerations of trade and business, and its price falls during the year, it is not obligatory on him to calculate Khums on the increased price. However, if its price remains up till the end of the year, one should pay its Khums from the current market price, though its price may fall after the Khums year. This is in the event that the end of the Khums year is the time for selling it and he keeps it of his own accord.

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Issue No. 1492- If a person possesses some goods other than merchandise, from which Khums has been paid by him or no Khums is payable on it (e.g. inheritance), if its price increases and he sells it, he will pay Khums on the excess gained. Similarly, if a sheep for which he has paid Khums becomes fat, and he sell it, he should pay Khums from the price increase. Issue No. 1493- If a person establishes a garden, with the intention of selling it after its price goes up, and if it is the time of selling it, he should pay Khums on it. But, if his intention is to use its fruits, he should pay Khums on the fruits, and pay Khums on the garden itself when he sells it. Issue No. 1494- Trees that are grown for the use of their wood, Khums should be paid on them when it is time to sell their wood, though they may not want to sell them. However, if it is not time for selling them, there is no Khums on them, even though many years may pass. Issue No. 1495- If a person has a few sources of income, for example, he has farming, industry and labour income, he should calculate the benefits of all these at the end of the year, and if it exceeds his annual expenditure, he should pay Khums from the surplus. Issue No. 1496- The expenditure which a person incurs in making profit, like, on transportation and brokerage, etc., are all counted as part of the expenditures of trade. Issue No. 1497- No Khums is payable on what a person spends out of the profit made from trade, on food, dress, purchase of house, furniture, marriage, dowry of daughter, obligatory or recommended pilgrimage, and the expenses which one bears as a result of giving gifts or prizes to others and having guests, etc., provided that it is not beyond his status, and he has not been extravagant in which case Khums is paid on the surplus only. However, when something becomes part of the annual expenses of a person (e.g. a house, carpet and other such things) and if it is sold later, Khums will not be payable on its price especially when it is changed for a homogenous commodity. Issue No. 1498- Whatever a person spends on Nadhr and Kaffara is a part of his annual expenditure. Similarly, what he gives away as a gift or a prize is included in his annual expenditure, provided that it is not beyond his status. Issue No. 1499- If a person needs to have his own house, Khums is not payable on whatever he spends on purchasing the house, but if his annual income does not suffice for purchasing a house and he has to save money for a couple of years to be able to buy a house, Khums is payable on the money on which a year has passed. However, if, for example, he buys the land for the house in the first year and the building materials in the second year and pays for

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construction of the house in the third year, then Khums will not be payable on any of them. Issue No. 1500- It is a common practice among many families to prepare the dowry of their daughters gradually; in such a case, it is obligatory to pay Khums on the dowry if a year passes on it. However, in cities where it is deemed unbecoming for the families not to prepare the dowry well before marriage or if it is not easy to prepare the dowry but in a gradual manner, in this case there will be no Khums on the dowry. Issue No. 1501- People who prepare their graves or shroud long before they die, they should pay Khums on them if a year passes on them. Issue No. 1502- There is no Khums on the wealth or property from which Khums has been paid once unless it grows or its price goes up. Issue No. 1503- As it was mentioned earlier, whatever a person spends in connection with journey for Hajj and other Ziyarats (pilgrimages) is not liable to Khums, if it is from the incomes of the same year, and if he has to enrol himself and pay the expenses for Hajj or other pilgrimages a few years earlier, it will be reckoned to be part of his expenditure of the same year and is not liable to Khums in that year or in the following years. Issue No. 1504- If a person who earns profit from his work and trade, has some other property on which Khums is not liable, or on which Khums has been paid, he can separate them and take out his expenditure for the year only from the profit earned from his job or business in that year. However, if he takes his expenditure from the money which is not liable to Khums or from the money on which Khums has already been paid, he cannot deduct these expenditures from the income of that year. Issue No. 1505- If a person purchases provision for his use during the year with the profit made by him from his work and trade, and at the end of the year a part of it remains unused, he should pay Khums on it. The precaution is that he should calculate the Khums of less important things also, like, small extra amount of foodstuffs and the likes. And in case he wants to make payment of the price of the provisions as Khums, he should take into account the price which prevailed at the end of the year. Issue No. 1506- If a person purchases his household accessories during the year, they are not liable to Khums. And if their needs cease to exist later, it is not necessary to pay Khums on them. Similarly, Khums will not be payable on the ornaments of a woman when she becomes old and no longer needs to adorn herself with them. However, the recommended precaution is to pay Khums on these articles or ornaments.

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Issue No. 1507- The books that the students of religious seminaries or students of other centres buy with the profits of their work and trade, and which they need are not liable to Khums. However, if they do not need them presently, and they intend to use them in the future, in case they remained unused within a year after purchase, Khums should be paid on them. (However, if such books are necessary to be in the library, it will be reckoned as a need, so Khums will not be payable on them). Similarly, the existence of tools and equipments such as fire extinguishers in places where there is fear of fire is considered to be part of the living expenditures. Also, the existence of emergency medicines and first aid kits in the house are reckoned as living expenditures and Khums will not be payable on them, though they may, by chance, remain unused during the whole year. Issue No. 1508- If a person does not make any profit during a year he cannot, as a measure of precaution, deduct his expenditure for that year from the profit which he makes in the next year. Issue No. 1509- If a person does not make any profit in the beginning of the year, and spends out of his capital, and makes some profit before the year ends, he can deduct the amount spent by him out of his capital from the profit. Issue No. 1510- If a person needs a certain amount of capital and he cannot run his life within his status with less than that, it will not be necessary for him to pay Khums on it. That is to say, he can take out from the profits of that year and the following years and include it in the capital. However, if by paying its Khums , his job or trade will not sustain harm, then he should pay its Khums irrespective of whether this capital is the capital of trade or land, water and property for farming or work tools. Issue No. 1511- If a part of the capital is lost in trade and work, so that it is counted as a part of the transaction loss, a person can deduct the lost amount from the profit made in the same year. However, if the loss is on account of other events such as theft etc., he cannot deduct it from the profits, unless he will not be able to do a business befitting his status with the remaining capital. Issue No. 1512- When something else other than the invested capital is lost from his property on account breaking, fire, theft etc. and if he needs the lost thing during that very year, he can procure it from the profit made by him during the same year. Issue No. 1513- If a person borrows money in the beginning of the year to meet his expenses, and makes profit before the year ends, he can deduct the borrowed money from the profit. And if he does not make any profit throughout a year, and borrows money to meet his expenses, he can repay the borrowed money from the profit made by him during the following years.

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Issue No. 1514- The loans which a person has taken for his living expenditure, or for a loss, or indemnification etc., can be repaid from the profit of the year. However, if a person is paying for the debts in instalments, only the instalments that he has to pay in that year will be counted as part of the expenditure of that year. Issue No. 1515- If a person takes a loan to increase his wealth, or to purchase a property which he does not need, he cannot repay that loan from the profit earned during that year. However, if the loan taken out by him, or the thing purchased with it, he can repay the loan out of the profit made by him during that year. Issue No. 1516- A person cannot have any discretion over a property whose Khums has not been paid, and having the intention to pay its Khums is not sufficient in itself. Similarly, a person who owes Khums cannot take responsibility for it. That is to say, he cannot treat himself to be the debtor of those entitled to it and appropriate the entire property and if he appropriates that property and it perishes, he should pay Khums for it. Issue No. 1517- If a person who owes Khums makes a compromise with the Mujtahid (taking into consideration the rights of those entitled to receive it), and takes responsibility for it, he can appropriate the entire property, and the profit he earns from it after the compromise belongs to him. Issue No. 1518- If a person, who is in partnership with someone else, knows that his partner does not pay Khums on his profit, it is not permissible for him to continue his partnership with him, and it is forbidden for both of them to use the shared property after it has become liable to Khums. Issue No. 1519- A person cannot have discretion over a property on which he is sure that Khums has not been paid. However, if he doubts whether or not Khums has been paid on someone’s property, it is permissible to appropriate it, and there is no harm in accepting a gift or a dinner invitation or having business with such a person and it is not necessary to investigate about it. Issue No. 1520- If a person who has not paid Khums ever since he was legally responsible to pay it, and has made profits and purchased household equipments, and has now become aware of his religious duty about paying Khums and wishes to fulfil his duty and purify his life, and if he has bought with the profits of his trade something which he does not need and one year has passed ever since he purchased it, he should pay Khums on it. And if he has bought household equipment and other necessities in accordance with his status, it is not necessary to pay Khums on them, if he knows that he purchased them during the year with the same year’s profit. And if he does not know whether it has been during the year or after the year has passed, he should, as

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an obligatory precaution, make compromise with the Mujtahid or his representative. That is, he should calculate all his doubtful properties and the Mujtahid will make an estimation of Khums and will compromise with him, and after the Khums is paid by him his entire property will become pure. Issue No. 1521- If a minor child owns some capital and profit accrues on it which exceeds his annual expenditure, he should, as an obligatory precaution, pay its Khums when he attains the age of puberty. Issue No. 1522- If a person possesses many dresses, also rings, ornaments and different household items, and if he needs all of them and they are in accordance with his status, and have been acquired from the profits of the same year, they are not liable to Khums, but if they exceed his needs and status, the extra quantity would be liable to Khums. Issue No. 1523- The money which is spent on buying haraam things, like gold rings for men and instruments for haraam entertainments are liable to Khums. Issue No. 1524- The pension or the redundancy payment is counted as part of the same year’s profit, and if nothing of it is left by the end of the year, Khums would not be payable on it but if it exceeds his annual expenses, Khums will be payable. Issue No. 1525- The prizes given to the savings will be Halal, if there is no agreement between the depositor and the depositary, and if a year passes on the prize, the obligatory precaution is to pay its Khums. This is only when the depositor does not demand a prize, but the depositary himself gives prizes to encourage the depositors.

Minerals -2 ▲
Issue No. 1526- It is obligatory to pay Khums on anything which is extracted from the mines of gold, silver, lead, iron, copper, coal, oil, sulphur, sulphate, salt and any other mines and various metals. The obligatory precaution is that there is no fixed taxable quantity. That is to say, Khums should be paid from whatever quantity is extracted from a mine, be it less or more. Issue No. 1527- If chalk, lime, and red clay, etc., are called minerals, Khums should be paid on them. This rule also applies to different kinds of stones. Issue No. 1528- If a person acquires something from a mine, he should pay Khums on it whether the mine is over the ground, or under, and whether it is located in an owned land or at a place which has no owner, whether the extractor is Muslim or non-Muslim, or mature or immature. In case, the mineral is acquired by a child, his guardian should pay Khums on it.

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Issue No. 1529- The mining expenses and refining costs (if necessary) and also the rent that is paid on the mine are deducted from it, and Khums should be given on the remainder. However, the annual expenditure is not deducted from the profit of the mine. Issue No. 1530- If several persons extract something from a mine, they should, as an obligatory precaution, pay Khums on it after deducting the expenditure from it irrespective of whether the extracted material is less or more. Issue No. 1531- If a person extracts a mineral from the land belonging to another person, it belongs to the owner of the land. And as the owner of the land has not spent anything for extracting it, he should pay Khums on the entire quantity taken out of the mine. However, if extraction has been carried out by his order, the expenditure should be deducted from the profit of the mine. Issue No. 1532- If a mine is big and located on a Mubah or an owned land, a Mujtahid has the right to supervise the extraction and the expenditure of the minerals for the needs of Muslims. And in such a case, the extractors should observe the views of the Mujtahid. Issue No. 1533- If a mineral is extracted by an Islamic government, Khums will not be payable on it.

Treasure-Trove -3 ▲
Issue No. 1534- A treasure-trove is the property which is hidden in earth or in a tree or mountain or wall, and someone takes it out, and its condition is such that it may be called a treasure-trove. Issue No. 1535- If a person finds a treasure-trove in a land which does not belong to anyone, and the owner of the treasure-trove is not known at all, it becomes his property and he should pay Khums on it. And also, if a person finds a treasure-trove in a land which he has purchased from another person and knows that it does not belong to the previous owners of the land, it becomes his own property and he should pay Khums on it. However, if there is a probability that it belongs to one of them he should, on the basis of obligatory precaution, inform that person about it and if becomes known that it does not belong to him, he should inform the person who owned the land before him. And in the same order he should inform all the persons who were owners of that land earlier, and in case it becomes known that the treasure-trove does not belong to any one of them, it becomes his own property and he should pay Khums on it. Issue No. 1536- The taxable limit of a treasure-trove is 105 Mithqals of silver in case of silver and 15 Mithqals of gold in case of gold. It means that if the value of any thing found in the treasure is equal to this amount, it will be obligatory to

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pay Khums on it, but if it is less than that, it will not be obligatory to pay Khums on it. And if its value is not equal to 15 Mithqals of gold, but is equal to 105 Mithqals of silver, it is still liable to Khums, and the same rule applies to the contrary. Issue No. 1537- If a person finds wealth in many containers buried at one place, and its total value reaches the taxable limit, he should pay Khums on it. However, if he finds several treasure-troves at different places, Khums is payable on any one of them whose value reaches the taxable limit, and it is not be necessary to add them up. Issue No. 1538- If a person spends on the extraction of a treasure, he should deduct it and pay Khums on the remainder. Issue No. 1539- If two or more people find a treasure-trove, they will all be sharing in it and they will act according to the agreement they have made; and if the share of each one of them reaches the taxable limit, it will be liable to Khums. Issue No. 1540- If a person purchases an animal, and finds some wealth out of its belly, and if he considers it probable that it could belong to the seller, he should, as an obligatory precaution, inform him about it, and if it turns out that it is not his, he should inform the previous owners, and if it turns out that it does not belong to any of them, it will become his own property and the recommended precaution is that he should pay its Khums according to the rules prescribed for the Khums of minerals, irrespective of whether its value reaches a taxable limit or not. Issue No. 1541- If a person buys a fish and finds a jewel in its belly, it will become his property. Therefore, it will not be the property of the fisherman who caught the fish in the first place and sold it, nor will it be property of the sellers before him. The recommended precaution is that he who finds the jewel should pay Khums on it.

When Halal Property Gets Mixed up with Haraam Property -4 ▲
Issue No. 1542- If halal property gets mixed with haraam property in such a way that it is not possible to identify one from the other, and the owner of the haraam property and its quantity are not known, the person concerned should pay Khums on the entire property, and after the payment of Khums the rest will be halal for him. Issue No. 1543- If halal property gets mixed with haraam property, and the person concerned knows the quantity of haraam property, for example, he knows that one-third of it is haraam, but does not know its owner, he should, as

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an obligatory precaution, spend the equivalent quantity for a cause that can be considered both as Khums as well as Sadaqa (e.g. poor Sayyeds). Issue No. 1544- If lawful property gets mixed up with haraam property and the person concerned does not know the quantity of haraam property, but knows its owner, they should make a compromise with each other and if the owner of the property is not agreeable to make a compromise, then, if he knows for sure that a certain quantity (for example one-fourth of the property) belongs to him, but he maintains doubt about more than that, he should give him the property about which he is sure that it belongs to him. As for the larger quantity, if he considers it probable that it might be his, he should divide it into two halves giving one half to him. Issue No. 1545- If a person pays Khums on lawful property mixed with haraam property and learns later that the quantity of haraam property was more than Khums he should, as an obligatory precaution, use the quantity which he knows was in excess for a cause that can be considered both as Khums as well as Sadaqa. Issue No. 1546- If a person pays the Khums of halal property mixed with haraam, and later, his owner is found, the obligatory precaution is to give its equivalent to him. Similarly, if a property, whose owner is not known, is given away with the intention of Sadaqa on behalf of the owner, and the owner of that property is found later and he does not give his consent, one should give him the equivalent of what he has given away as Sadaqa. Issue No. 1547- If a person knows that his property is mixed with other people’s properties, and its quantity is known, and the person concerned knows that its owner is one of some particular persons but cannot identify him, he should divide it equally among all of them.

Gems Obtained by Sea Diving -5 ▲
Issue No. 1548- If one obtains gems like corals and pearls, etc., from the sea-bed by diving into the sea, he should pay Khums on them provided that their value, after deducting the costs of bringing them out, is not less than one Mithqal of coined gold (=4.68 g.), whether they are minerals or things that grow out, or whether the gems were brought out in a single dive or after several successive dives within a time span which is commonly reckoned as one time, and whether they are of the same kind or of different kinds. Issue No. 1549- If jewels or gems are brought out of the sea by several people, the precaution is that it is not necessary that the share of each of them reach the taxable limit, rather, if the total shares reach the taxable limit, Khums should be paid on it.

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Issue No. 1550- If a person takes out gems from the sea by means of some apparatus without diving or obtains from the surface of the sea or from the sea-shore, if its value, after deducting the costs, reaches the taxable limit, the obligatory precaution is to pay Khums on it. Issue No. 1551- Fish and other animals caught from sea are not liable to Khums. However, they will be included in the profits of one’s work and trade and if, at the end of the year, the seafood or its value exceeds one’s expenses of the year, Khums will be payable on the excess. Issue No. 1552- It is not necessary to dive into the sea with the intention of hunting gems. In fact, if he dives into the sea with some other intention, but at the same time he obtains some gems, he should pay Khums on it. Issue No. 1553- If a person dives into the sea and brings out an animal which has a gem in its belly and if the value of the gem, after deducting the expenses, reaches the taxable limit, he should pay Khums on it. And if that animal is one like a pearl oyster which usually contains a gem, he should pay Khums on it, and if the animal has swallowed a gem accidentally, he should, as an obligatory precaution, pay Khums on it also. Issue No. 1554- Gems brought out of big rivers in which gems are produced and shells are hunted will also be liable to Khums. Issue No. 1555- Ambergris is a sweet smelling thing which is obtained from the sea, and if it is obtained by diving into the sea, Khums would be payable on it. And if it is obtained from the surface of the sea or from the sea-shore, the obligatory precaution is that Khums should be paid on it also. Issue No. 1556- If people, whose profession is diving or extracting minerals, pay Khums on what they find and their incomes exceed their annual expenses at the end of the year, it will not be necessary to pay Khums on them again.

Spoils of War -6 ▲
Issue No. 1557- If Muslims wage war against the unbelievers in compliance with the orders of the Holy Imam (a.s.) and, as a result of the war acquire some property belonging to the enemy, that property is called war booty, and it is obligatory to pay Khums on what remains after deducting the expenses of safe custody and transport etc. of that property. Issue No. 1558- If Muslims wage war against the unbelievers with the permission of the special deputy or the general deputy of the Imam (a.s.) and acquire some booties, they should, as an obligatory precaution, pay Khums on it.

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Issue No. 1559- Heavy weapons such as tanks and artilleries, etc., which are used in today’s wars and are not of personal use, can be placed at the disposal of the army of Islam exclusively by the Mujtahid and the Guardian of Muslims. Issue No. 1560- Muslims are entitled to own the properties of the infidels they are fighting against, and they should pay Khums on them. Issue No. 1561- The spoils of war on which Khums should be given include only the movable properties, which after payment of their Khums will be possessed by the combatants. But the lands which have been seized in the fighting against the infidels belong to all Muslims and Khums is not payable on them. Issue No. 1562- If a group of Muslims invade another group, they should prevent the invading from aggression till they yield to Allah’s command, and if Muslims acquire any booties, they cannot treat them as their own properties, rather, they should keep them and return to them in due time, except for those things which, if returned, will be a cause for corruption and continuation of aggression, then in such a case, they should be used in a proper way with the permission of the Mujtahid.

Land Purchased by a Non-Believer Zimmi from a Muslim - 7 ▲
Issue No. 1563- If a Zimmi non-believer (a disbeliever who is living as a sound minority alongside Muslims and has accepted the conditions of being a Zimmi), purchases land from a Muslim, the former should pay one-fifth of the income instead of one-tenth of the usual Zakat. Issue No. 1564- If a Zimmi sells a piece of land purchased from one Muslim to another Muslim, he is not absolved from the responsibility of paying Khums and the position is the same, as a measure of precaution, if he (the Zimmi) dies and a Muslim inherits that land from him. And if at the time of purchasing land the Zimmi imposes a condition that he will not pay Khums or that the payment of Khums will be the responsibility of the seller, the condition imposed by him is not valid, and he should pay Khums. However, if he lays down the condition that the seller should pay Khums on his behalf, it is necessary for the seller to act according to this condition. Issue No. 1565- If a Muslim gives land to a Zimmi without a sale/purchase transaction and takes recompense from him e.g. when he makes compromise with him, the Zimmi should pay Khums.

Disposal of Khums▲
Issue No. 1566- Khums should be divided into two parts. One part is Sahme (share) Imam (a.s.), and the other is Sahme Sadat that should be given, as a

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precaution, with the permission of the Mujtahid, to Sayyids who are poor or orphans in need, or Sayyids who have become stranded without money during their journey, (though they may not be poor in their own hometown). But the Sahme Imam (a.s.) should be given, during the present time, to a just Mujtahid or his representative to be spent for such purposes to which the Imam (a.s.) consents including those that serve the interest of Muslims and need of Islamic seminaries, etc. Issue No. 1567- A part of Sahme Imam (a.s.) can be spent, albeit on priority basis, for building mosques, Hussainiyah, hospitals, dispensaries and schools only with the permission of the just Mujtahid. However, the portion that belongs to Sadat cannot be given to or spent for anyone other the Sayyids mentioned above. Issue No. 1568- If a Mujtahid agrees, a debtor who cannot repay his debt entirely at once can enter a deal with a Mujtahid in such a way that the debtor will undertake to pay his debts to the Mujtahid or his representative in instalments. Issue No. 1569- Sahme Sadat cannot be given to the Sayyids mentioned above without the permission of the Mujtahid (as an obligatory precaution). As for Sahme Imam (a.s.), if it is paid out without the permission of the Mujtahid, it will not be accepted unless the Mujtahid agrees and gives permission later. Issue No. 1570- If a person owes a lot of Khums and is unable to pay his dues, the Mujtahid may exempt him, in case he deems proper, from a part of his Sahme Imam (a.s.). Issue No. 1571- If a person wishes to pay the Sahme Imam (a.s.) to a Mujtahid other than the one he is following, he may do so if he knows that the Mujtahid he follows and the other Mujtahid spend Sahme Imam (a.s.) in the same way. Issue No. 1572- One can give Khums to a Sayyid who is not just but the obligatory precaution is that it should be given to one who does not commit a sin openly, and if he has become penniless on a journey, his journey should not be a journey of sin. However, if he repents and does not commit a sin for the remainder of his journey, it is permissible to give him the portion of Sayyids. Issue No. 1573- Khums cannot be given to a Sayyid who is not Ithna ‘Ashari, nor can it be given to a person whose maintenance is obligatory, like one’s own Sayyida wife. However, if it is obligatory for the woman to meet the expenses of others, it is permissible for the husband to give Khums to her, so that she may meet their expenses. Issue No. 1574- There are two ways to identify a Sayyed from a non-Sayyed:

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1- When two just persons confirm that he is Sayyid (one will also suffice). 2- When he is known in his town or community as Sayyid irrespective of whether this causes him to believe that he is a Sayyid or just causes him to think that he is a Sayyid. Issue No. 1575- If it is obligatory on a person to maintain indigent Sayyids, but he cannot meet their expenses, Khums can be given to them. For example, A Sayyidah woman whose husband is not able to meet her expenses can receive Khums. Issue No. 1576- The obligatory precaution is that needy Sayyids cannot receive Khums in excess of their annual expenses. Issue No. 1577- There is no harm in transferring Khums from one town to another one, whether there are deserving Sayyids in his town or not. However, if it is lost, the obligatory precaution is that he should pay for it from his other property, and he should also bear the transportation costs. If he gives it to the representative of the Mujtahid, and he takes it from one town to another and it is lost, he will be under no obligation. Issue No. 1578- If poor Sayyids need a capital for business and trade, one can give them Khums to the extent that will meet their basic needs. Issue No. 1579- If the portion of Sadat is more than the needs of the Sayyids, it should be given to a just Mujtahid so that he may spend it where he deems fit, and if it is less than the needs of the Sayyids, one may give them from the portion the Imam (a.s.). Therefore, it won’t create any problem if the portion of Sadat is less or more. Issue No. 1580- The obligatory precaution is that the portion of Sadat be given from the same property or from the current money not from another commodity. However, if another commodity is sold to a needy Sayyid, the price of the commodity which he owes can be counted as Khums. Issue No. 1581- If a person is the creditor of a needy Sayyid, he can adjust his debts against Khums payable by him. However, in regards to Sahme Imam (a.s.) he should have the permission of the Mujtahid. Issue No. 1582- It is not necessary for a person to tell a Sayyid that the amount he is giving is from Khums dues. In fact, he can give it to him as a gift, but should make the intention of Khums. The position is the same, if he gives Sahme Imam (a.s.) to the deserving people with the permission of the Mujtahid. Issue No. 1583- A deserving Sayyid cannot take the Khums and give it back to the Khums payer, except for the quantity that befits his status in the sense that

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if he himself had a property he would possibly give it to that person. Issue No. 1584- If a person enters a deal with the Mujtahid or his representative about Khums and the person concerned would like to pay the Khums dues in the following year, he cannot deduct Khums from the profits or incomes of that year. For example, if he owes £2000.00 as Khums, and in following year, he has £20000.00 more than the expenses of his year, he should pay Khums of the £20000.00, and pay the £2000.00 which he owes as Khums from the remainder (i.e. from the property whose Khums has been deducted). Issue No. 1585- The reason why the portion of Sadat is given to Sayyids is because they are deprived from receiving Zakat . Therefore, it is not considered to be discrimination, and the reasons why the Sayyids are deprived of Zakat have been stated in their respective places.

Zakat Issues▲ Rules of Zakat of Property ▲
Issue No. 1586- It is obligatory to pay Zakat on nine things: wheat, barley, dates, grapes (raisins), gold, silver, sheep, cows and camels, and if a person is the owner of these nine things, he should spend a certain quantity in certain areas in accordance with the conditions which will be mentioned later. However, it is recommended that Zakat should also be paid from the capital of business, trade and commerce every year. Similarly, it is recommended to pay Zakat on grains other than wheat, barley, dates and raisins.

Circumstances under Which Zakat Becomes Obligatory ▲
Issue No. 1587- Payment of Zakat becomes obligatory with a few conditions: 1) The property should reach the prescribed taxable limit which will be explained later. 2) The owner of the property should be adult (Baligh) and sane. 3) The owner should be able to appropriate it. 4) If a person remains the owner of cow, sheep, camel, gold and silver for 11 months, payment of Zakat becomes obligatory for him. However, the obligatory precaution is that payment of Zakat becomes obligatory from the first day of the twelfth month, and if some of the conditions cease to exist during the twelfth month, the Zakat should be paid. Issue No. 1588- If the owner of cow, sheep, camel, gold and silver becomes Baligh during the year, he is not liable to pay Zakat.

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Issue No. 1589- Payment of Zakat on wheat and barley becomes obligatory when they are recognised as wheat and barley. And Zakat on grapes and raisins become obligatory when they are ripe and they call them grapes. Similarly, Zakat on palm-dates becomes obligatory when they are ripe and become eatable. The time for paying Zakat on wheat and barley is when they are threshed and grains are separated from chaff, and the time for payment of dates and raisins is when they become dry unless they want to consume it wet in which case they should pay its Zakat provided that their dried up quantity reaches the prescribed taxable limit. Issue No. 1590- When payment of Zakat on wheat, barley, raisins and palm-dates becomes obligatory and their owner is adult, he should pay Zakat on it. Issue No. 1591- There is no Zakat on a property that has been usurped and one is not able to appropriate it. Similarly, if a crop has been usurped and when it becomes liable to Zakat, it is still in the hand of the usurper, Zakat will not be payable on it, if later it is returned to its owner. Issue No. 1592- If a person borrows gold, silver, or some other thing on which it is obligatory to pay Zakat, and it remains with him for a year, he should pay Zakat on it, and it is not obligatory on the lender to pay anything.

Zakat of Grains▲
Issue No. 1593- Zakat on wheat, barley, dates and raisins will become obligatory when their quantity reaches the taxable limit which is about 847 kg. Issue No. 1594- If before giving Zakat, one consumes a quantity of wheat, barley, dates and raisins, or gives it away to another person, he should pay Zakat on the quantity spent by him. Issue No. 1595- If an owner dies after Zakat has become obligatory on him, the requisite quantity of Zakat should be paid out of his property. However, if he dies before the payment of Zakat becomes obligatory, every one of his heirs, whose share reaches the taxable limit, should pay Zakat on his own share. Issue No. 1596- The Mujtahid can appoint someone to collect Zakat after wheat and barley are threshed and chaff is separated from grains, and when the dates and grapes become dry, and if the owners of these things refuse to pay Zakat which is the right of the deprived, the designated person can get it from them by force. Issue No. 1597- If a person buys a crop or an orchard before Zakat becomes obligatory on it, the new owner should pay its Zakat, but if he buys it after

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Zakat becomes obligatory on it, the seller (previous owner) should pay its Zakat. Issue No. 1598- If a person purchases wheat or barley or dates or grapes, and knows that the seller has paid Zakat on them, or doubts whether or not he has paid it, it is not obligatory on him to pay anything. And if he knows that he (the seller) has not paid Zakat on them, and if the Mujtahid has not permitted the transaction of the portion, which should be given on account of Zakat, the transaction with regard to that portion is void, and the Mujtahid can take the amount of Zakat from the buyer. And if the Mujtahid permits the transaction of the portion equivalent to Zakat the transaction is valid, and the buyer should pay the price of that portion to the Mujtahid and in case he has given the price of that portion to the seller, he can take it back from him. Issue No. 1599- If the weight of wheat, barley, dates and grapes reaches the taxable limit when they are wet, and becomes less than that when they become dry, payment of Zakat on it is not obligatory. Issue No. 1600- If a person consumes wheat, barley, palm-dates and raisins before they are dry, and they would have reached the taxable limit if they had dried up, he should pay Zakat on them. Issue No. 1601- If a person has paid Zakat on grains, no further Zakat is payable on them, even if they remain with him for a few years. Issue No. 1602- If wheat, barley, dates, and grapes are irrigated with rain water, canal water, river, dam, or benefit from the moisture of the land, the Zakat payable on them is %10 and if they are watered with deep, semi deep or shallow well water or with bucket etc., the Zakat payable on them is 5%. Issue No. 1603- If a crop is irrigated in the two ways explained above, and if one of them is so little that it is not taken into account (for example, it has mostly been irrigated with rain water, and to a lesser extent with well water), the Zakat should be paid in accordance with the way it was irrigated most, but if the crop has been irrigated with both rain and well water considerably, for example, the crop has been irrigated for half or one-third of the period with rain water and the rest with well water, in this case, 10% Zakat should be paid on half of the crop and 5% should be paid on the other half. Issue No. 1604- If a person does not know whether the crop has been irrigated with rain water or well water, etc., then, only 5%. Zakat is obligatory on the crop. Issue No. 1605- If a crop is irrigated with rain and canal water, and does not stand in need of well water but is also irrigated with well water, although the

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well water is not helpful in increasing the production, the Zakat on it is 10%. And if it is irrigated with well water and does not stand in need of canal and rain water but is also irrigated with canal and rain water and that water is not helpful in increasing the production, the Zakat on it is 5%. Issue No. 1606- If a crop is watered with well etc. and in the adjoining land a crop benefits from the moisture of that land (which is irrigated with well water etc.) and does not need irrigation, the Zakat of the crop which is watered with well water is 5% and the Zakat of the crop in the adjoining land is 10%. Issue No. 1607- As an obligatory precaution, a person should not deduct the expenses incurred by him from the harvest. Similarly, he cannot deduct the value of the seeds that he used for farming from the harvest. Issue No. 1608- If a person buys a vine or a date-palm tree, certainly its value, should not be included in the expenses. And if he buys dates or grapes before they are ripe, as an obligatory precaution, he should not deduct its value from the harvest either. Also, the money he pays for purchasing the land is not a part of the expenses. Issue No. 1609- If a person owns wheat, barley, palm-dates and grapes in various cities where the time of ripening of crops and fruits is different from one another; and in all those cities crops and fruits are not produced at one and the same time and all of them are considered to be the produce of one and the same year, and if the thing which ripens first is according to the taxable limit, he should pay Zakat on it at the time of its ripening and should pay Zakat on the remaining things when they become available. And if the thing which ripens first does not reach the taxable limit, he should wait till the other things ripen. Hence, if they reach the taxable limit collectively, payment of Zakat on them is obligatory. Issue No. 1610- If a date-palm tree or vine bears fruit twice in a year, and when combined they reach the taxable limit, Zakat should be paid on it, as an obligatory precaution. Issue No. 1611- If Zakat of dates or raisins is obligatory on a person, he cannot pay it in the shape of green palm-dates or grapes. However, he can sell the green palm-dates or grapes to a needy person, then he can consider his debt as Zakat. If he is going to sell green palm-dates or grapes before they are dried up, he can pay its Zakat from the green palm-dates or grapes themselves. Issue No. 1612- If a person dies with a debt, and has a property on which Zakat has become due, it is necessary that, in the first instance, the entire Zakat should be paid out from that property, and thereafter pay his debt. This ruling is applicable only when the property on which Zakat is due is available.

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Issue No. 1613- If a person dies with a debt and also has some crops, and the heirs pay his debt from other property before Zakat on the crops becomes obligatory, the heir whose share reaches the taxable limit of Zakat should pay Zakat. However, if the heirs do not pay his debts before Zakat becomes obligatory, and if his property just equals his debt, it is not obligatory for the heirs to pay Zakat. Issue No. 1614- If a person’s crops are of good quality and inferior quality, Zakat for each of the two kinds should be given from its respective kind separately, or pay its value. However, he cannot pay the Zakat of all the crops from the inferior quality. And if he pays the Zakat of all of them from the good quality, it would be better.

Minimum Taxable Limit of Gold and Silver▲
Issue No. 1615- There are two taxable limits of gold: The first taxable limit is 20 Shar’ei Mithqals which is equal to 15 ordinary Mithqals (equal to 69.12 grams.). If gold reaches this quantity and other requisite conditions are also fulfilled, one should pay one-fortieth of it (2.5 %) as Zakat, and if it does not reach this quantity, no Zakat would be payable on it. The second taxable limit is 4 Shar’ei Mithqals which is equival to 3 ordinary Mithqals (13.82 gms). In other words, if 3 Mithqals are added to 15 Mithqals, one should pay the Zakat of 18 Mithqals at the rate of 2.5%, and if less than 3 Mithqals are added, then, only the Zakat of 15 Mithqals will be obligatory, and it will not be obligatory to pay Zakat on the additional quantity. The same rule applies as and when further additions take place in the quantity of gold i.e. if a further increase of 3 mithqals takes place Zakat should be paid on the entire quantity, and if the increase is less than that, no Zakat is payable on the additional quantity. Issue No. 1616- Silver also has two taxable limits: The first taxable limit is 105 ordinary Mithqals (equal to 483.88 gms). When the quantity of silver reaches that limit, and other necessary conditions are also fulfilled, one should pay one-fortieth (2.5%) of it as Zakat, and if the quantity of silver does not reach the aforesaid limit, it is not obligatory to pay Zakat on it. The second taxable limit of silver is when there is an addition of 21 Mithqals viz. if an addition of 21 Mithqals takes place to 105 Mithqal, the person concerned should pay Zakat on 126 Mithqals, and if the addition is less than 21 Mithqals, he should pay Zakat on 105 Mithqals only and no Zakat is payable on the additional quantity. The same rule applies as and when further additions take place in the quantity of silver. However, in order for the calculation to be easy, if a person gives 2.5% of the gold or silver which he possesses, he has paid the Zakat, which was obligatory for him to pay, and sometimes he pays even more than the obligatory quantity.

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Issue No. 1617- If a person possesses gold or silver which has reached the taxable limit, and even if he has paid Zakat on it, he should continue to pay Zakat on it every year so long as it does not fall below the first taxable limit. However, this is not the case with Khums. That is, once the Khums of a property has been given, it will not be liable to Khums again unless there is an increase in it. Also, wheat, barley, raisins and dates are liable to Zakat only once. Issue No. 1618- One of the other conditions of Zakat becoming obligatory on gold and silver is only when they are made into coins and are used for various transactions. Therefore, Zakat is not payable on the coins which are not in currency for transaction. Issue No. 1619- The recommended precaution is to pay Zakat on other currencies, like paper notes, if other conditions are fulfilled in them. Issue No. 1620- If coined gold and silver in currency are worn by women as ornaments, Zakat will not be payable on them. If a person possesses gold and silver none of which is equal to the taxable limit, it is not obligatory for him to pay Zakat, though its total value reaches the taxable limit. Issue No. 1621- Another condition is that if a person possesses a taxable quantity of gold or silver for a whole year and if he enters the twelfth month, he should, as a measure of precaution, pay its Zakat, but if he sells it before the end of the eleventh month or if it falls below the taxable limit, or if it is not at his disposal, it is not obligatory for him to pay Zakat on them. The position is the same if he exchanges it with something else or if he melts it. However, if he changes the gold and silver coins to other forms of coins, he should, as an obligatory precaution, pay its Zakat. Issue No. 1622- If a person exchanges gold and silver, or melts them in order to avoid payment of Zakat, he will not be liable to Zakat. However, he has been deprived from a blessing and happiness, and the recommended precaution is to give its Zakat. Issue No. 1623- If a person possesses gold and silver which is partly of superior quality and partly of inferior quality or partly of more alloy and partly of lesser alloy, he should pay Zakat of each from its respective portion. However, it would be better to pay Zakat of the entire portions from the superior quality. Issue No. 1624- If gold and silver coins in which more than usual quantity of another metal is mixed are not called gold and silver coins, and if their pure gold or silver reaches the taxable limit, Zakat should be paid on them. However, if one doubts whether they have reached the taxable limit or not, it is not obligatory to pay Zakat on them. However, if he can test them to ascertain

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the quantity, the obligatory precaution is to do so.

Zakat Payable on Animals▲
Issue No. 1625- In addition to the conditions that were stated before for Zakat on sheep, cows and camels, it is necessary that these animals should not have worked and if they have been used for labour once on few sporadic days so that they are not regarded as labour animals, it will be obligatory to pay Zakat on them. Issue No. 1626- The obligatory precaution is that if cows, sheep and camels reach the taxable limit, Zakat should be paid on them, whether they have grazed in the deserts or they have been fed with cut or plucked grass, or sometimes grazed in the desert and sometime were fed with cut grass. Issue No. 1627- If a person purchases or leases for these animals a pasture which has not been cultivated by anyone or if he bears expenses for grazing them in it, he should pay Zakat.

Taxable Limit of Sheep▲
Issue No. 1628- Sheep have 5 taxable limits: 1- 40 sheep: and the Zakat is one sheep. No Zakat is payable on less than that. 2- 121 sheep: and the Zakat is two sheep. 3- 201 sheep: and the Zakat is 3 sheep. 4- 301 sheep: and the Zakat is four sheep. 5- 400 sheep and above: the Zakat is one sheep for each group of 100 sheep, and there is no Zakat on the group of sheep which is less than 100, and there is also no Zakat for the number of sheep between the two taxable limits. So, if the number of sheep has reached 40, but does not reach the 2nd taxable limit which is 121, the owner should give only one sheep as Zakat, and the same rule applies to the succeeding taxable limits. Issue No. 1629- It is not necessary to give the Zakat from the same sheep. It is permissible if some other sheep are given. Also, it is permissible to give money equal to the price of the sheep, cows and camels, and if the animal is more useful for the recipient of Zakat (the needy person), in this case, the precaution is to give him the animal.

Taxable Limit of Cows▲
Issue No. 1630- Cows have two taxable limits: The first taxable limit is 30 cows. If the number of cows owned by a person reaches 30, and if other conditions mentioned earlier are also fulfilled, he should give by way of Zakat a calf, either male or female, which has entered at least the 2nd year of its life.

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The second taxable limit is 40, and its Zakat is a female calf which has entered at least the 3rd year of its life. And there is no Zakat payable when the number of the cows is between 30 and 40. For example, if a person possesses 35 cows, he should pay Zakat on 30 cows only. Furthermore, if he possesses more than 40 cows but their number does not reach 60, he should pay Zakat on 40 cows only. And when their number reaches 60, he should give as Zakat 2 calves which have entered the 2nd year of their lives. And similarly, as the number of cows increases, he should calculate either in thirties or forties or if it is possible from 30 and 40, and should pay Zakat in accordance with the rule explained above. However, he should calculate in such a way that there should be no remainder, or if there is a remainder, it should not exceed 9. For example, if he has 70 cows, he should calculate at the rate of 30 and 40 and should pay Zakat for them at the rate prescribed above, and the person who has 80 cows, he should calculate at the rate prescribed for 40 and 40.

Taxable Limit for Camels▲
Issue No. 1631- Camels have 12 taxable limits: 1- 5 camels: and the Zakat on them is one sheep. As long as the number of camels does not reach five, no Zakat is payable on them. 2- 10 camels: and the Zakat on them is 2 sheep. 3- 15 camels: and the Zakat on them is 3 sheep. 4- 20 camels: and the Zakat on them is 4 sheep. 5- 25 camels: and the Zakat on them is 5 sheep. 6- 26 camels: and the Zakat on them is a camel which has entered the 2nd year of its life. 7- 36 camels: and the Zakat on them is a camel which has entered the 3rd year of its life. 8- 46 camels: and the Zakat on them is a camel which has entered the 4th year of its life. 9- 61 camels: and the Zakat on them is a camel which has entered the 5th year of its life. 10- 76 camels: and the Zakat on them is 2 camels which have entered the 3rd year of their life. 11- 91 camels: and the Zakat on them is 2 camels which have entered the 4th year of their life. 12- 121 camels and above: In this case, the person concerned should either calculate the camels on group of 40 each, and give for each set of forty camels, a camel which has entered the third year of its life, or calculate them on group of 50 each and give as Zakat for every 50 camels, a camel which has entered the 4th year of its life, or he may calculate them at the rate of forty and fifty. However, in every case he should calculate in such a way that there should be no balance, and even if there is a balance, it should not exceed nine. And the camel to be given by way of Zakat should be a female.

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Issue No. 1632- It is not obligatory to pay Zakat in between two taxable limits. Hence, if the number of camels with a person exceeds the first taxable limit which is 5 camels, but does not reach the second taxable limit which is 10 camels, he should pay Zakat on only 5 of them and similar is the case with the succeeding taxable limits. Issue No. 1633- When the number of sheep, cows and camels reaches the taxable limit, payment of Zakat on them becomes obligatory whether all of them are males or all are females, or some of them are males and some are females. Issue No. 1634- In the matter of Zakat, goats, ewes, and one-year old lambs are regarded to be the same. Also, different kinds of camels, cows, and buffaloes are considered to be of the same category. Issue No. 1635- As an obligatory precaution, the sheep which is given as Zakat should have completed the first year of its life, and the goat should have completed the second year of its life. Issue No. 1636- There is no harm if the value of a sheep a person gives as Zakat is slightly less as compared with his other sheep. However, it is recommended that he should give as Zakat the sheep whose value is more than the other or else, he should give the sheep with an average value. The same rule applies to cows and camels. Issue No. 1637- If some persons are partners of one another, the person whose share reaches the first taxable limit should pay Zakat. Issue No. 1638- If a person has sheep, cows and camels at various places, and combined together they reach the taxable limit, he should pay Zakat on them. And even if the cows, sheep and camels are unhealthy and defective, it is obligatory to pay Zakat on them. Issue No. 1639- If all sheep, cows and camels possessed by a person are healthy and young, he cannot pay their Zakat from unhealthy, defective and old ones. In fact, if some of them are healthy, and others are unhealthy, some are defective and others are without any defect, and some are old and others are young, the obligatory precaution is that he should give as Zakat those animals which are healthy, without defect and young. But if all of them are unhealthy, defective and old, he can pay Zakat from amongst them. Issue No. 1640- If a person, who is required to pay zakat on cows, sheep and camels, gives that Zakat from some other property owned by him he should pay Zakat on the animals every year till their number becomes less than the taxable limit, and in case he gives Zakat from out of those very animals and they

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become less than the first taxable limit, payment of Zakat is not obligatory on him. And if before the expiry of the 11th month, he changes his animals with something else, payment of Zakat is not obligatory on him; but if he changes those animals with other cows, sheep, and camels, for example, he gives 40 sheep and takes 40 other sheep, he should, as an obligatory precaution, pay Zakat on them.

Disposal of Zakat▲
Issue No. 1641- Zakat should be spent for the following eight purposes: 1 & 2 It may be given to Foqara (poor persons) and Masakins (destitute persons), and they are the ones who are not able to meet their own expenses, as well as that of their families for a period of one year. The difference between a Faqir (a poor person) and a Miskin (a destitute person) is that a Faqir may not beg anyone for help, but a Miskin is a needy person who may do so. Those people who have an art, or possess a property or capital or a trade which is not sufficient to meet their expenses are classified as Faqir (poor), and can make up the shortfall of their living through Zakat. 3- A person who is a Wakil (a proxy) of the Holy Imam (a.s.) or his representative to collect Zakat, to keep it in safe custody, to maintain its accounts and to deliver it to the Imam or his representative or to spend it in the necessary areas, may use Zakat as a wage for the work he has done. 4- It may be given to people who are weak in faith, and as a result of giving Zakat to them their faith is entrenched and will be inclined to Islam. 5- It can be spent to purchase the slaves to set them free. 6- It can be given to indebted persons who are unable to repay their debts. 7- It may be spent in the way of Allah i.e. for things which have public benefit for Muslims. It can also be spent for constructing a mosque, a school for religious education, Islamic propagation centres, dispatching propagators, publishing useful Islamic books, and in short, anything which has a benefit for Islam and in whatever way or manner it may be, particularly Jihad (holy war) in the way of Allah. 8- It may be given to an ibn-e-sabil (a penniless traveller). He can receive Zakat to the extent of his need, although he may be rich and needless in his place of residence. Issue No. 1642- The obligatory precaution is that a poor and destitute person should not take out Zakat more than his expenses and those of his family for one year. And if he possesses some money or commodity, he should receive Zakat equivalent to the shortfall in meeting his expenses for a year. Issue No. 1643- An artisan, or a labour whose income is less than his expenses for one year can take Zakat to meet his annual shortfall, and it is not necessary for him to sell off his tools, property, or spend his capital in order to meet his

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expenses. Issue No. 1644- A poor person may receive Zakat to purchase a means of transport without which he cannot lead his life and also purchase a house which he needs, and to provide the necessary capital for his work and trade. And in this respect, he should content himself to the degree necessary for him to meet his needs and to maintain his self-respect. Issue No. 1645- A person who can lead his life by learning an art or any skills, he should do so in order not to depend on Zakat. However, he can receive Zakat as long as he is learning the art. Issue No. 1646- People who are busy acquiring obligatory knowledge may benefit from Zakat. This rule also applies to judges, and the executors of religious penalties, etc. Issue No. 1647- If a Zakat giver is the creditor of a poor person, he can adjust the debt against Zakat, even if the poor person dies while he is in debt, the creditor can adjust his claim against Zakat. However, if the poor person has left a property which is equal to his debt, one cannot, as an obligatory precaution, adjust the debt against Zakat. Issue No. 1648- If it is not known that a person is poor, Zakat cannot be given to him. But if one is satisfied by seeing his appearance that he is poor, it is permissible to give Zakat to him. Also if trustworthy people inform that he is poor, Zakat can be given to him. Issue No. 1649- It is not necessary that, if a person gives something to a pauper on account of Zakat, he should tell him that it is Zakat. Rather, one can give it to him as a gift (in such a way that it does not become a lie). In any case, he should make the intention of giving Zakat. Issue No. 1650- If a person gives Zakat to someone thinking that he is poor, and understands later that he was not poor, or owing to his not knowing the rule, gives Zakat to a person whom he knows is not poor, it is not sufficient (i.e. Zakat has not been paid properly). Hence, if the thing which he gave to that person still exists, he should take it back from him, and give it to the person entitled to it. And in case that thing has perished, and the person, who took it, was aware that it was Zakat, the Zakat payer should take its substitute from him, and give it to the person entitled to it. And in case he was not aware that it was the Zakat property, nothing can be taken from him, and the person, who has to pay Zakat, should give it to the person entitled to it from his own property. Issue No. 1651- A person who is a debtor and cannot repay his debt can take

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Zakat to repay it, though he may possess the means to meet his expenses for the year. However, it is necessary that he should not have spent the loan for some sinful purpose. Issue No. 1652- If the provisions for the journey of a traveller are exhausted, or his animal of riding is disabled and his journey is not a sinful one, and he cannot reach his destination by taking loan or selling something, he can take Zakat even though he may not be a poor person in his hometown. And it is not necessary for him to repay what he has received as Zakat when he reaches his hometown. However, if after reaching his hometown he finds that some of it has remained unspent, he should give it to the Mujtahid telling him that it is Zakat.

Qualifications of Those Entitled to Receive Zakat▲
Issue No. 1653- Those who are entitled to receive Zakat should bear the following conditions: First- It is necessary that the person to whom Zakat is paid believes in God, the Holy Prophet (pbuh) and the twelve Imams (a.s.). Zakat can be given to children or insane who are from poor Shi’ah Muslims. However, the Zakat should be given to their guardian either with the intention that whatever is given will belong to the child or to the insane person, or with the intention that is will be utilised for their benefit. If a person cannot approach the guardian of the child or of the insane person, he can utilize Zakat for the benefit of the child or of the insane person himself, or through an honest person. Issue No. 1654- Second- Giving Zakat should not lead to promotion of sin. Hence, Zakat should not be given to a person who spends it for sinful purposes, and as an obligatory precaution, it should not be given to a drunkard either. Issue No. 1655- It is not necessary for a person to be just to receive Zakat, or that he should not have committed major sins. Issue No. 1656- Third- A person cannot meet out of Zakat the expenses of those whose expenses it is obligatory for him to meet. Hence, one cannot give his Zakat to his children, wife or parents. But, if they are in debts, and are not able to repay their debts, Zakat can be given to them to the extent they are able to pay their debts. Issue No. 1657- If person cannot meet out of Zakat the expenses of those whose expenses it is obligatory for him to meet, for example, if he is not able to meet the expenses of his own wife and children, or is able to do so but refrains, others can give them Zakat. Issue No. 1658- A father can give Zakat to his son to purchase the scientific

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religious books that he needs. Issue No. 1659- If a husband does not pay the expenses of his wife, and the wife is able to get her right from him through the Mujtahid or someone other than him, such a woman cannot benefit from Zakat. Issue No. 1660- A wife can give Zakat to her poor husband, though the husband may in turn spend that Zakat for the expenses of that woman and her children. Issue No. 1661- Fourth- The one who is given Zakat to, should not be a Sayyid, unless the Zakat payer is also a Sayyid. However, if Khums and other religious dues are not sufficient to meet the expenses of a Sayyid and he is obliged to take Zakat, he may take Zakat from a non-Sayyid. The obligatory precaution is that he should take Zakat only to the extent of his daily expenses.

Intention of Zakat▲
Issue No. 1662- A person should give Zakat with the intention of Qurbat, that is, to comply with the pleasure of Almighty Allah. And he should specify in his intention, whether he is giving the Zakat on his wealth, or Zakatul Fitra. However, if for example, it is obligatory on him to pay Zakat on wheat and barley it is not necessary for him to specify that what he is giving is the Zakat of wheat or the Zakat of barley. Issue No. 1663- If a person, on whom it is obligatory to pay Zakat on various things, gives a part of Zakat and does not make intention about any of those things and if the thing which has been given is of the genus of any one of those things it is reckoned to be Zakat on that very genus. And if it is not of the same genus as any one of those items, the Zakat will be divided on all those things. For instance, if he gives one sheep as Zakat, it will be reckoned as Zakat of sheep. But, if he gives some silver coins while he has to give Zakat of sheep and cows, it will be shared between the two. Issue No. 1664- If a person appoints someone as his representative to give the Zakat of his property, he should, while handing over Zakat to the representative, make intention that whatever his representative will give to the poor later is Zakat, although his representative may make the intention of Zakat. However, if he has given his absolute authority to his representative for every thing, then, the representative should make intention of Zakat. Issue No. 1665- If a person or his representative gives Zakat to a poor person without the intention of Qurbat, and makes the intention of Zakat before that property perishes, it will be treated to be Zakat. Issue No. 1666- If a person does not pay Zakat on his own will, the Mujtahid

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may get it from him by force, and it will be reckoned as Zakat, and the intention of Qurbat is no longer applied here. However, the Mujtahid should, as a precaution, make the intention of Qurbat.

Miscellaneous Issues of Zakat▲
Issue No. 1667- One should not delay the payment of Zakat. That is, when Zakat becomes obligatory, one should either give it to the poor or to the Mujtahid. However, if he is awaiting a particular poor person or wishes to give it to an indigent person with some excelling virtues, he may delay, but in this case, he should, as an obligatory precaution, separate the Zakat from his wealth. Issue No. 1668- If a person who can deliver Zakat to a deserving person does not do so, and it is lost, he should give its substitute, but if he has not neglected, there would be no obligation on him. Issue No. 1669- If a person separates Zakat from his property, on which it has become due, he can appropriate the remaining quantity, and if he separates it from another property owned by him he can appropriate the entire property. Issue No. 1670- When a person has separated Zakat from his property, he cannot utilize it and place something else in its place. Issue No. 1671- If some profit accrues from the Zakat which a person has set apart, for example, if a sheep which has been ear-marked for Zakat gives birth to a lamb, it will also be included in Zakat. Issue No. 1672- If a person entitled to Zakat is present when one separates Zakat from his property, it is better that he should give the Zakat to him, except that he has a person in view who is preferable, for some reason, to receive Zakat. Issue No. 1673- When the Mujtahid can execute the Islamic laws, the obligatory precaution is to give the Zakat to him, or that the Zakat should be spent with his permission, and if it is spent or distributed without his permission, there will be objection to it. Issue No. 1674- If a person trades for himself with the property set apart for Zakat, it will not be right. However, if it is with the permission of the Mujtahid, it will be all right, and if he makes profit, he should give it to a person entitled to receive Zakat. Issue No. 1675- One cannot give something as Zakat to a poor before it becomes obligatory on him. But, he may lend him and after it becomes obligatory on him to pay Zakat, he can adjust the thing given by him to the poor person against Zakat.

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Issue No. 1676- If a poor person knows that it has not become obligatory on a particular person to pay Zakat, and takes something from him by way of Zakat, and it perishes while it is with him, he is responsible for it. And when it becomes obligatory on the person to pay Zakat and the poor person is still poor, the Zakat payer can adjust the substitute of the thing, which he gave to the poor person, against Zakat. Issue No. 1677- It is recommended for a person to give Zakat on cows, sheep and camels to respectable poor people and while giving Zakat he should prefer his relatives to others, learned and capable persons to those who are not learned and capable, and those who do not beg to those who beg. Issue No. 1678- It is better to give obligatory Zakat openly and recommended Sadaqa secretly. Issue No. 1679- If none of those, who are entitled to receive Zakat, is available in the home town of a person, who wants to pay Zakat, and he does not hope that he will be able to find a deserving person later, he should take Zakat to some other town, and spend it for an appropriate purpose. He can deduct from Zakat the expenses of taking it to the other town, and he is not responsible if it perishes. Issue No. 1680- Even if a deserving person is available in his own area, he can take Zakat to another town. However, as an obligatory precaution, he should himself pay the expenses of taking it to another town or area and if it perishes, he will be responsible, even if it has been with the permission of the Mujtahid. Issue No. 1681- The wages for weighing and scaling of wheat, barley and the likes which a person gives as Zakat, are to be paid by him. Issue No. 1682- As an obligatory precaution, a Zakat payer should not give less than the first taxable limit of silver, that is, 2 Mithqals and 15 gms, to one poor person, and if he is giving something other than silver by way of Zakat, (e.g. wheat and barley), its value should not be less than this quantity either. Issue No. 1683- It is abominable for a person to request the deserving person to sell back to him the Zakat which he has received from him. However, if the deserving person himself wishes to exchange the thing which he has received with money, the person who has given him Zakat will have the priority over others. Issue No. 1684- If a person doubts whether he has paid the obligatory Zakat or not, he should give it, though his doubt is with regard to Zakat for earlier years. Issue No. 1685- A poor person cannot compromise for a quantity less than the

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quantity of Zakat, or accept as Zakat something at a price higher than its real price, or take Zakat from its owner and then make a present of it to him. Even if a person owes a large sum of Zakat, and has become poor and is unable to pay Zakat, it will, like his other dues, remain as an obligation on him. In this case, however, there would be problem in receiving and making a present of Zakat to him. Issue No. 1686- A person can purchase the Holy Qur’an, religious and scientific and prayer books and other books that are effective in the promotion of Islamic aims, and dedicate them as Waqf (trust) for the general public or for particular persons. Even he can dedicate them as Waqf upon his children or upon persons whose maintenance is obligatory on him. However, he cannot purchase a property with Zakat and dedicate it as Waqf in favour of his children. Issue No. 1687- A poor person can receive Zakat for going to Hajj or Ziyarat, etc., but if he has received Zakat for his annual expenses, then, there is objection to taking Zakat for Ziyarat , etc. Issue No. 1688- If the owner of a property makes someone his representative in distributing the Zakat of his wealth, and if one can gather from what he said that he should distribute it to others, then the representative himself cannot take anything from it for himself though he may be a deserving person. However, if what he said implies that he meant every deserving person including his representative, then the representative can also benefit from it. Issue No. 1689- If a person receives sheep, cows, camels or gold and silver as Zakat to the extent of his needs, and if it is up to the taxable limit, and incidentally one year passes over it, he should pay its Zakat. Issue No. 1690- If two persons share a property which has become liable to Zakat, and one of them pays his share of Zakat, and then divide the property, there will be no objection to him to appropriate his own share, though his partner may not have paid his share of Zakat. Issue No. 1691- If a person owes Khums or Zakat and it is also obligatory for him to make atonement and to give 'nazr' (vow) etc. and he is also indebted and cannot make all these payments, and if the property on which Khums or Zakat has become obligatory has not perished, he should give Khums and Zakat, and if it has perished, the precaution is that he should give priority to people’s right, and if such a person dies, and his wealth is not sufficient for all of these, they should observe the same order.

Zakat of Fitra ▲
Issue No. 1692- At the time of sunset on Eid-ul Fitr night (i.e. the night

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preceding Eid day), it is obligatory on whoever is adult, sane and needless (ghani) to give, to a deserving person, on his own behalf as well as on behalf of those who are his dependents Zakat of Fitra, about three kilos per head of food which is staple in his place, such as wheat, barley, dates, rice, corn, etc. And it is also sufficient if he pays the price of one of these items in cash. Issue No. 1693- ‘Ghani’(needless) is a person who has enough to meet his own expenses, as well as those of his dependants for a period of one year, or he is in a position to meet his expenses through business and trade. And if a person is not in such a position, he is poor, and it will not be obligatory on him to pay Zakat of Fitra, and he can receive Zakat of Fitra. Issue No. 1694- One should pay Fitra (Zakatul Fitr) on account of all those persons, who are treated to be having their meals at his house on the evening of Eidul Fitr night, whether they be young or old, Muslims or unbelievers; and it is also immaterial whether or not it is obligatory on him to meet their expenses, and whether they are living with him or somewhere else. Issue No. 1695- If a person makes a person, who takes his meals at his house and is in another town, his agent to pay his own Fitra out of his (the houseowner's) property and is satisfied that he will pay the Fitra, it will be sufficient. Issue No. 1696- It is obligatory to pay the Fitra of a guest who arrives at his house before sunset on Eid-ul Fitr night, with his consent and is considered to be one who takes his meals at his house (that is, he intends to stay for sometime). However, if he has been invited for Eid-ul Fitr night only, it is not obligatory on the host to pay his Fitra. And if he has arrived without the consent of the owner of the house, the obligatory precaution is to pay his Fitra. The same rule applies with regard to payment of Fitra if one is compelled to bear the expenses of another person. Issue No. 1697- If a child becomes Baligh, or an insane person becomes sane, or a poor person becomes free from want before sunset, he should give Fitra. However, if it is after sunset, it is not obligatory on him to pay Zakat of Fitra, though it is recommended for him to pay Zakat of Fitra, if the necessary conditions develop before midday on Eid day. Issue No. 1698- It is recommended that a person who possesses only one sa'a (about 3 Kilos) of wheat and the like should pay Zakat. And if he has family members and wishes to pay their Fitra as well he can give that one sa'a to one of his family members with the intention of Fitra and he can give it to another family member and so on till the turn of the last person comes; and it is better that the last person should give what he receives to a person who is not one of them. And if one of them is a minor his guardian can take Fitra on his behalf and then give it to another person.

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Issue No. 1699- If one’s child is born after the sunset on the night of Eid-ul Fitr, or those who are considered to have taken meals at one's house, it is recommended that he should pay his Fitra, however, it is not obligatory. Issue No. 1700- If one takes meals at the house of a person and then takes meals before sunset or at the time of sunset at the house of another person, payment of one's Fitra is obligatory on the person at whose house one has taken the meals (before sunset or at the time of sunset). For example, if one's daughter goes to her husband's house before sunset her husband should pay her Fitra. Issue No. 1701- If the Fitra of a person should be given by another person it is not obligatory on him to give his Fitra himself. But if the person on whom it is obligatory to pay the Fitra of another person does not pay it, and if he can afford, the obligatory precaution is that he himself should pay it. Issue No. 1702- If it is obligatory on a person to pay the Fitra of another person, his obligation will not end if the latter himself pays his own Fitra, unless it is with the consent and permission of him (the former). Issue No. 1703- If the husband of a woman does not bear her expenses and she takes meals at the house of another person, it is obligatory on that person to pay her Fitra. And if she does not take her meals at the house of another person, she should pay her Fitra herself, provided that she is not poor. Issue No. 1704- A Sayyid cannot receive Zakat of Fitra from a non-Sayyid. Issue No. 1705- The Fitra of a child who sucks the milk of its mother or nurse is payable by one who bears the expenses of the mother or the nurse. However, if the mother or the nurse meets her expenses from the property of the child itself, payment of Fitra for the child is not obligatory on any person. Issue No. 1706- If a person meets the expenses of the members of his family by haraam means, it is obligatory to pay their Fitra out of Halal property. Issue No. 1707- If a person employs someone and settles with him that he would meet his expenses (like a servant), he should also pay his Fitra. However, this does not apply to the labourers whose expenses are met by their employer as a part of their wages, it will not be obligatory on him (employer) to pay their Fitra. Similarly, in guest houses etc., where it is common for the staffers to have their meals there, and in fact, the food that they eat is considered to be part of their wages, it is obligatory on them to pay their Fitra themselves and the employer would be under no obligation. Issue No. 1708- The expenses of soldiers in the barracks or in the battlefields

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are the government’s obligation, however, it is not obligatory on the government to pay their Fitra, and if they bear the conditions, they should pay their own Fitra. Issue No. 1709- If a person dies after sunset of the night of Eid-ul Fitr his Fitra as well as that of the members of his family should be paid out of his property, but if he dies before sunset it is not obligatory that his Fitra and that of the members of his family be paid out of his property. And in case the members of his family meet the conditions of the obligatory payment of Fitra, they themselves should pay their own Fitra.

Disposal of Zakat of Fitra ▲
Issue No. 1710- As an obligatory precaution, Zakat of Fitra should be paid to the poor and the destitute only provided that they are Ithna Ashari Shi’ah Muslims. One can also give Fitra to needy Shi’ah children, either by way of spending Fitra on them or by making it their property through their guardian. Issue No. 1711- It is not necessary for a poor person to whom Fitra is given to be Adil (just). However, the obligatory precaution is that Fitra must not be given to one who drinks wine or a person who commits sins openly. Also, Fitra should not be given to a person who spends it on sinful acts.

Rules of Zakat of Fitra ▲
Issue No. 1712- The obligatory precaution is that a poor person should not be given Fitra more than his expenses for one year and less than a sa’a (about 3 kgs). Issue No. 1713- When the price of a superior kind of commodity is double that of its ordinary kind, it is not sufficient to give half a sa'a of the wheat of superior quality as Fitra and it is not sufficient even if half a sa'a is given as the price of Fitra. Issue No. 1714- One cannot give Fitra, half a sa’a of one commodity (e.g. wheat) and half a sa’a of another commodity (e.g. barley), unless the mixture of the two is the common food of the people of that place. Issue No. 1715- It is recommended that while giving Zakat of Fitr one should prefer one's indigent relatives, and then one's indigent neighbours, and then the neighbours, and, it is also recommended to give preference to the learned persons who are indigent over others. Issue No. 1716- If a man gives Fitra to a person under the impression that he is poor and understands later that he was not poor and if the property which he gave to him has not perished, he should take it back from him, and give it to a

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person who is entitled to receive Fitra, and if he cannot take it back from him he should give Fitra out of his own property. And if it has perished and the person, who took Fitra knew that what he had taken was Fitra he should give its substitute, and if he did not know it, it is not obligatory on him to give substitute. And if the person who gave Fitra did not fail in investigating the situation of the poor, he will not be under any obligation either. Issue No. 1717- One cannot give Fitra to a person who claims to be poor, unless one is sure that he is poor, or at least, one can gather from his appearance that he is poor, or if one knows that previously he was poor and that it has not been proved that he is no longer poor.

Miscellaneous Rules Regarding Zakat of Fitra ▲
Issue No. 1718- One should give Zakatul fitra with the intention of qurbat i.e. complying with the orders of the Almighty Allah and should make the intention of Fitra while giving it. Issue No. 1719- One should not give Zakat of Fitra before the month of Ramadhan, and if he does, he should give it again on the day of Eid-ul Fitr. Similarly, the obligatory precaution is that he should not give it during the month of Ramadhan either. However, if he gives loan to a poor person before Ramadhan, and adjusts the loan against Fitra, when payment of Fitra becomes obligatory, there is no harm in it. Issue No. 1720- In giving Zakat of Fitra, the criterion is not one’s personal food; rather, it is the ordinary food which is in common in that area or town. Therefore, one who always has rice may give wheat as Fitra. Issue No. 1721- In Zakat of Fitra one can give money instead of the commodity. For example, he can calculate and find out how much 3 kgs of wheat cost and give its value to an indigent person as Fitra. However, it should be noted that the criterion is the retail price in the free market not the wholesale price or the official price. In other words, if the poor person wants to buy the same commodity from the market with the money which is given to him, he should be able to buy it. Issue No. 1722- Wheat or any other thing which is given as Fitra, should not be mixed with dust or other things. In case the the quantity of the thing mixed with it is so small that it can be ignored, there is no harm in it. Issue No. 1723- Zakat of Fitra cannot be given from a defective commodity. However, if that commodity is reckoned to be the food of the majority of people in that area, there is no harm in it.

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Issue No. 1724- If a person gives Fitra on behalf of a number of persons, it is not necessary for him to pay all from the same commodity. For example, he can give wheat for some of them and barley for others. Issue No. 1725- One should give Fitra on Eid day. Therefore, if a person offers Eid-ul Fitr prayers, he should give Fitra before Eid prayers, but if he does not offer Eid prayers, he can delay it till midday. Issue No. 1726- If a person does not have access to a poor person, he can set apart a portion of his property with the intention of Fitra, and set it aside for the deserving person he has in mind or any other one. And whenever he gives it, he should make the intention of Fitra. Issue No. 1727- If a person does not give Zakat of Fitra at the time when its payment becomes obligatory, and does not set it aside either, he should give it later, on the basis of precaution, without making the intention of ada or qadha. Issue No. 1728- If a person sets aside Fitra, he cannot replace it with some other property, rather he should give the same as Fitra. Issue No. 1729- If the property set apart for Fitra perishes and in case a poor person was available and the Fitra giver delayed giving Fitra, he should give its substitute. In case, a poor person was not available, and he has not failed to look after it, he is not responsible (to give its substitute). Issue No. 1730- If a person possesses wealth whose value is more than Fitra, if he makes intention that a part of that wealth be for Fitra, there would be problem in it. Issue No. 1731- It is obligatory precaution that Zakat of Fitra should be spent in the same place. For example, unless no deserving person is available there, one cannot send it to his relatives who are living in another town. And if he transfers the Fitra to another place, while deserving people are available there in his own place, and it perishes, he is responsible for it. However, the Mujtahid may give permission for the Fitra to be transferred to another area or city considering the benefits of the needy. Issue No. 1732- As it was stated earlier, Zakat of Fitra cannot, based on obligatory precaution, be spent for anyone other than the poor and the destitute. Similarly, it cannot be used for setting up factories to give their benefits to the needy. However, providing the needy people with a capital enough to enable them to manage their lives is permissible.

Hajj▲ Hajj and Its Conditions▲
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Issue No. 1733- Hajj (pilgrimage) means visiting the House of Allah (Ka’bah), and performing acts which are called ‘hajj rituals’ and it is obligatory on a person once in his lifetime, provided that he fulfils the following conditions: 1- He should be Baligh. 2- He should be sane. 3- Because of proceeding to Makkah for Hajj, he should not be compelled to forsake an obligatory act which is more important than Hajj, nor should he be obliged to commit a haraam act, avoidance of which is more important than Hajj. 4- He should be capable of performing Hajj, and this depends upon a number of factors: (a) He should possess provisions and means of transport or he should have enough property with which to earn these things. (b) There should be no obstacle on the way to Makkah. If a person fears that he will lose his life or honour on his way to Makkah, or he will be deprived of his property, it is not obligatory on him to perform Hajj. In case, however, he can reach Makkah by another route, it is necessary that he should go to Makkah via that route even though it may be longer one. (c) He should be physically healthy enough to go to Makkah and perform Hajj. (d) He should have enough time to reach Makkah and to perform the rituals of Hajj. (e) He should possess sufficient means to meet the expenses of those whose maintenance is obligatory on him as well as the expenses of those whom people consider it necessary for him to meet. (f) On return from Hajj, he should have property or trade and work through which he will be able to run his life.

(Rules Regarding Capability (Istita’at▲
Issue No. 1734- When the need of a person is not met without a personal house, performance of Hajj becomes obligatory on him when he also possesses money for the house, but if he can live with a rented or Waqf (dedicated) house, etc., he is capable. Issue No. 1735- If a woman has some wealth which enables her to go to Makkah, but does not possess any property on her return and if her husband is also poor and does not provide her subsistence, Hajj will not be obligatory on her. Issue No. 1736- If a person does not possess the necessary expenses to go to Makkah, and another person gives him the expenses of his journey or places at his disposal a property so that he can go to Makkah and also pays the expenses of his wife and children during this time, Hajj will be obligatory on this person, even though he may be indebted and may not also possess property with which to lead his life after his return. It is obligatory on him to accept such an offer, unless accepting such an offer involves an obligation, loss or unbearable hardship. And this Hajj suffices his obligatory Hajj.

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Issue No. 1737- If a person, who is indebted, possesses the expenses of going to Makkah for Hajj, but he cannot afford to go to Hajj by repaying his debts, it will not be obligatory on him to perform Hajj, unless the creditor is not in a hurry, and he is also sure that he will be able to pay his debts later. Issue No. 1738- If a person is hired to serve another person or a caravan during Hajj, and in this way he performs Hajj, it will be reckoned as his obligatory Hajj. However, accepting such a job is not obligatory. Issue No. 1739- If a person can perform Hajj by getting a loan, Hajj will not be obligatory on him, but if some people pay his Hajj expenses as well as the expenses of his family during that period, Hajj will become obligatory on him. Issue No. 1740- Any one can be hired to perform Hajj on behalf of someone else provided that he knows the rules and procedure of performing Hajj irrespective of whether he has performed Hajj before or not. However, if he himself is not able to perform Hajj, he cannot assign it to someone else, unless the hirer himself permits it. Issue No. 1741- One’s obligation will not be reckoned as fulfilled by mere hiring a person to perform Hajj on behalf of a deceased person, unless he is satisfied that the hired person has performed the Hajj. Issue No. 1742- It is permissible to receive Zakat or Sahme Imam (the portion of Imam), and perform Hajj, and this Hajj will be considered as the obligatory Hajj. Issue No. 1743- If a person needs to get married and has no money for Hajj other than the money for the expenses of marriage, Hajj is not obligatory on him. Issue No. 1744- If Hajj becomes obligatory on a person, but he does not perform it until he loses his wealth, he should perform Hajj in any way possible, even if he may have to take a loan or be hired. Issue No. 1745- If a person who can afford performing Hajj but does not perform it, and later, he loses his physical ability as a consequence of which he loses hope that in future he will be able to perform Hajj in person, he should hire someone else to perform Hajj on his behalf. However, if a person is financially capable and cannot perform Hajj due to old age or sickness, it will not be obligatory on him to perform Hajj but the recommended precaution is that he should hire someone else to perform it on his behalf. Issue No. 1746- It is recommended that a person, who has performed his obligatory Hajj, should perform it again. But if the over crowdedness of the

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Hajj pilgrims causes severe trouble for those who have not yet performed Hajj, he should temporarily abandon the recommended Hajj. Similarly, in taking turns to go to Makkah for performing Hajj, it would be better to give turns to those who are going to perform their obligatory Hajj. And if supposedly the House of Allah (Ka’bah) remains without pilgrims in a year, it is obligatory on the Mujtahid to send some people for Hajj, though they may have performed their obligatory Hajj.

Purchase and Sale▲ Rules Regarding Purchase and Sale▲
Issue No. 1747- It is obligatory on every Muslim to learn the rules of transactions to the extent usually needed by him, and it is obligatory on the Ulama (the learned) to teach these rules to people.

Obligatory and Recommended Transactions▲
Issue No. 1748- Trade, work and struggle to live through business, farming, industry, etc., are obligatory for those who do not possess the expenses of their wives and children. It is also obligatory for the protection of the Islamic system and catering for an Islamic society, otherwise it would be a highly recommended act particularly for helping the poor and providing better means of livelihood to one’s family.

Rules of Transactions▲
Issue No. 1749- It is recommended that the seller does not discriminate between various buyers while charging for the commodities, and he should not be strict and should not swear, and if the buyer regrets having purchased something, and wishes to return it, the seller should accept it back. Issue No. 1750- If a person does not know whether or not the transaction conducted by him is valid or void, he cannot have any discretion over the property which he has acquired, but he can carry out the transaction, and before appropriating the property, he should ask about its rules and act according to them. However, if he knew the relevant rules at the time of transaction, and doubted after the transaction whether or not he conducted it correctly, his transaction is valid.

Makrooh Transactions▲
Issue No. 1751- Many of the jurisprudents have considered the following transactions to be Makrooh, and it is, therefore, better to avoid them. 1- Money exchange and other such work that might lead one to giving and taking interest or doing other sinful acts.

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2- Selling shrouds when it becomes one’s profession and job. 3- Entering into transaction with people of low character and those whose properties are dubious, though they may look to be halal. 4-Transacting a deal between the Adhan for Fajr prayers and sunrise. 5- Intervening while a person is purchasing some commodity and expressing one's own desire to purchase that commodity.

Haraam and Void Transactions▲
Issue No. 1752- Transactions in the following cases are void: 1- To sell and purchase essentially impure (najis) things i.e.things which are originally impure, like, urine, faeces and blood, as an obligatory precaution. Therefore, there is harm in the sale and purchase of impure manure or fertilisers, but there is no objection in using them. However, the sale and purchase of blood which is used to save the life of the injured and the sick in our time and era, are permissible. Similarly, the sale and purchase of hunting and guard dogs are permitted. 2- Sale and purchase of usurped property, and if its owner permits, there would no problem in the transaction. 3- Sale and purchase of things which are usually utilised for haraam acts, like musical instruments and gambling tools. 4- Sale and purchase of things which are not considered among people as merchandise, though they might be of some value to a particular person (for example, the sale and purchase of insects). 5- Any transaction which involves interest. 6- A transaction which involves fraud or adulteration and the buyer is not informed about it, like selling milk mixed with water, or ghee mixed with fat or another thing. This act is called cheating (ghish) or adulteration, and it is considered to be one of the major sins. It has been narrated that the Holy Prophet of Islam (pbuh) said, "If a person sells something to the Muslims or harms them, or practices deceit upon them, he is not one of my' followers. And as and when a person cheats his fellow Muslim (i.e. sells him an adulterated commodity), Allah deprives him of his livelihood, closes the means of his earnings and leaves him to himself (i.e. deprives him of His blessings). 7- The sale and purchase of body parts like kidney and the likes are not allowed. However, the precaution is that, if the seller wants to take money for it, he should take it against the permission for cutting off the organ from the body not for the organ itself. Donation of an organ is allowed only when it does not pose danger to the safety of the donor. 8 – Open lands, which are not the property of a particular individual, do not become one’s property by way of registering them in his name, and it is not permissible to buy or sell them, unless he revives and makes them cultivable. Issue No. 1753- There is no harm in selling a pure thing which has become

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impure and can be made pure by washing it, like fruit, fabrics and carpets. However, if the customer is going to use it for a purpose for which purity is a condition, it is necessary for the seller to inform the buyer about its being impure. Issue No. 1754- If a pure thing like oil, which is impossible to wash, becomes impure, and it is used only for eating, its sale is void and haraam, but if it is required for a purpose for which its purity is not a pre-requisite, for example if impure oil is to be used for burning, the transaction is in order. Issue No. 1755- There is no objection to selling and buying foodstuff and medicines, etc. which are imported from non-Muslim countries, if nothing is known about their being impure. For example, if we consider it probable that milk, cheese and oil are taken and processed by machines, there would be no objection to having them. Issue No. 1756- Purchase and sale of meat and fat which are imported from non-Muslim countries or are taken from the hands of infidels are void, and the same rules applies also to leather, as a measure of precaution. However, there is no objection to using the meat or leather of an animal, if one knows that it has been slaughtered according to Islamic law, or slaughtered under the supervision of a Muslim. Issue No. 1757- There is no harm in purchasing and selling meat and fat taken from the hands of a Muslim. However, if he knows that the Muslim who has taken it from the hands of a non-Muslim or has imported from non-Muslim countries, has not verified whether or not the animal had been slaughtered according to Islamic law, its purchase and sale are void and haraam. This rule also applies, as a measure of precaution, to leather. But, if it has been obtained from a Muslim who is apparently adherent to Islamic laws, and he considers it probable that he might have investigated about it, his transaction is in order. Issue No. 1758- Transaction of all sorts of intoxicating beverages is haraam and void. Issue No. 1759- Purchase and sale of usurped property is also haraam and void, and the seller should return to the buyer the money taken from him, but the buyer has no right to give that property to someone other than its owner, and if he does not know its owner, he should act according to the Mujtahid’s view. Issue No. 1760- If a buyer is serious from the beginning to make a transaction but his intention is not to pay the price of the commodity being purchased by him or to pay him from haraam money, there is harm in the transaction. However, if this is not his intention at the beginning, but later gives the price from haraam money, the transaction is in order, but the haraam money that he

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has given does not suffice, and it is necessary that he should make the payment from halal money. Issue No. 1761- Purchase and sale of instruments of entertainment like, sitar, lute including the small one, is haraam, except for when it is an instrument of common use, or when it is a toy and is not considered to be an instrument for entertainment. Issue No. 1762- It is permissible to buy or sell radio, television and other such objects which have substantial allowable benefits. However, if a thing which can be used for halal purposes is sold to a person who will definitely use it for haraam purposes (e.g. selling grapes to a wine factory), the transaction is void. Issue No. 1763- There is harm in making, purchasing and selling statues. However, there is no harm in purchasing and selling of soap, etc., embossed with the image or design of a living being. Issue No. 1764- It is haraam and void to purchase and sell things which have been acquired by means of gambling, theft, or invalid transaction, and it is not permissible to appropriate them, and if a person purchases a thing, he should return it to its original owner. And if he does not know the original owner, he should act according to the instruction given by the Mujtahid. Issue No. 1765- If a person sells counterfeit commodity, like, ghee mixed with fat, and specifies it, for example, he says: “I am selling this ghee”, the customer can cancel the transaction whenever he notices it. But, if he does not specify it, rather, he says that he is selling, for example, 3 kgs of ghee, but at the time of delivering it, he delivers counterfeit commodity, the buyer is entitled to return that ghee, and ask for pure ghee.

(Usury (Riba ▲
Issue No. 1766- Usury is haraam, and it is of two kinds: 1 – usury in loan that will be explained, God willing, in the section dealing with loans, 2 – usury in transaction, and it means a quantity of a commodity sold by weight or measurement at a higher rate against the same commodity, like, selling 3 kgs of wheat for 3 1/2 kgs of wheat. In Islamic narrations, usury has been reproached a great deal; taking or giving usury is considered to be one of the major sins.

Rules Regarding Usury ▲
Issue No. 1767- If one of the two kinds of the same commodity is defective and the other one is faultless, or one of them is superior and the other one inferior, or their prices differ for some other reasons, and the seller gives, for example, 10 kgs of superior or faultless wheat, and takes 15 kgs of inferior or defective

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wheat, even then it is usury and haraam. Hence, if a person gives manufactured gold and takes a larger quantity of raw gold, or gives manufactured copper and gets more of broken copper, or gives first class rice and takes more of second or third class rice, it is usury and haraam. Similarly, if he takes an addition which is different from the commodity which he sells, like, if he sells 10 kgs of superior wheat against 10 kgs of inferior wheat plus £5.00 cash, even then it is usury and haraam. Rather, if he does not take anything in excess but imposes the condition that the buyer would perform some act for him, it is also usury and is haraam. Issue No. 1768- If the person who is giving less quantity of a commodity, adds some other thing to it, for example, if he sells 10 kgs of wheat plus one metre fabrics for 15 kgs of wheat, there is no harm in it. Similarly, if both the parties supplement the commodity with something else, there is no objection to it. However, usury tricks, in which there is no serious intention (and which commonly involves giving a loan and exchanging its interest which is a pretty big amount with a kilo of candy), are baseless and void and the extra amount is considered usury. Issue No. 1769- Commodities which are not sold by weight and measurement, but by numbers and by measuring in metres, like eggs, fabrics, and some utensils or by seeing like most of the animals, there is no harm if less numbers are sold for more. Issue No. 1770- The commodities which are sold by weight and measurement in some cities, and in some other cities by counting, (like eggs which are sold, nowadays, in some areas by weight and in some others by counting) if in a city where they sell a thing by weight and measurement, the quantity of one is taken in excess of the other, it is usury and haraam, but there is no harm in the other city. Issue No. 1771- There is no objection in purchasing and selling, in any form, things which are not of the same sort, like, selling 10 kgs of rice for 15 kgs of wheat. Issue No. 1772- If the thing which a person is selling and the thing which he is taking for it, are made of one and the same thing, there is harm in taking it in excess. For example, it is not in order to sell 10 kgs of ghee for 20 kgs of cheese, or 50 kgs of milk, or 15 kgs of butter. Issue No. 1773- From the point of usury, barley and wheat are commodities of one and the same sort. Hence, one cannot exchange 10 kgs of wheat for 12 kgs of barley, and vice versa. Even if one buys 10 kgs of barley on the condition that he would give in exchange 10 kgs of wheat at the time of its harvest, it is also haraam, because he has taken barley on the spot and will give wheat some

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time later, and this amounts to taking something in excess. Issue No. 1774- Usury is not haraam in a few cases: 1- A Muslim taking interest from a non-Muslim who is not under the protection of Islam. 2- Father and son taking interest from each other. 3- Wife and husband taking interest from each other.

Conditions of a Seller and a Buyer▲
Issue No. 1775- There are some conditions for sellers and buyers: 1- They should be Baligh. 2- They should be sane. 3- They should not be people who are denied appropriation of their properties (e.g. those who have been stopped by the Mujtahid to appropriate their wealth due to bankruptcy). 4- The two parties should have a serious and genuine intention to sell and purchase a commodity. Hence, if a person says jokingly that he has sold his property, that transaction is void. 5- They have not been forced to sell and buy. 6- They should be the rightful owner of the commodity which they wish to sell, or they should represent the owner, or be the guardian of the minor. Issue No. 1776- To conduct business with a minor child, who is making the transaction independently, is void, even if his guardian may have given him permission. However, if the transaction is made with the guardian of the child and the minor child serves as a means of giving money to the seller, and the commodity to the buyer, there is no harm in the transaction, but the seller and the buyer should be certain that the child will take the commodity or the money to its owner. Issue No. 1777- If a person buys something from a child who is not Baligh, or sells something to him, the transaction is void, and he should give the commodity or the money that he has taken from the child to its owner, not to the child himself. And if he does not know its owner, and has also no means to identify him, he should give it, with the permission of the Mujtahid, to an indigent person. And if it belongs to the child himself, he should give it to his guardian. Of course, he can take back the money or the commodity that he has given to the minor, but if it has perished, he cannot claim its substitute. Issue No. 1778- If the buyer or the seller is forced to conclude a transaction, and he agrees after the transaction is concluded, the transaction is valid. However, the recommended precaution is that the formula of the transaction should be re-pronounced. Issue No. 1779- If a person sells the property of another person without his consent, and the owner of the property consents to it later and accords permission, the transaction will be valid.

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Issue No. 1780- The father or parental grandfather of a child have, as an obligatory precaution, the right to appropriate, sell and buy the property of the child, provided that it is in its best interest, and the same rule applies to the executor of a will and the Mujtahid. Issue No. 1781- If a person usurps some property and sells it and after the sale the owner of the property allows it for himself, the transaction is valid.

Conditions Regarding Commodity and What Is Obtained in Exchange▲
Issue No. 1782- The commodity which is sold, and the thing which is received in exchange, should fulfil the following conditions: 1- Its quantity should be known by means of weight, scale, measurement and counting. 2- It should be deliverable. Therefore, selling an animal which has run away is not correct, as a precaution, even if it is sold along with a deliverable object. 3- The features of the commodity and the thing taken in exchange, which have an impact on the value of the commodity and which influence the interest of the people in the transaction, should be specified. 4- Another person should not have any right to the commodity or the thing accepted in exchange. Therefore, a property that has been put in pledge with someone cannot be sold without his permission, and the buyer can also give the profit of his own property in lieu of money. For example, he buys a carpet from someone, and in lieu thereof gives him the profit of his house for one year. The buyer and seller are free in fixing the price or the rate of a commodity but if, in some cases, this freedom leads to corruption and disorder in the economic system of the Islamic society, the Mujtahid can fix the rate and make others to deal on its basis. Issue No. 1783- A commodity which is sold by seeing, like houses, cars and carpets of various kinds, cannot be sold without seeing, and if it is sold without seeing, the transaction would not be in order. Issue No. 1784- If a commodity is sold in a city by weight or measurement, and in another city, the same commodity is sold by counting or observation, one should act in each city according to the local custom. Issue No. 1785- If anyone of the conditions mentioned above is not fulfilled the transaction is void. Nevertheless, if the buyer and the seller, however, agree to appropriate the property of one another, there is no harm in their doing so. Issue No. 1786- The transaction of a Waqf property is void. However, if it is so much impaired that it cannot be used for the purpose for which it was dedicated, like, if the carpet of a mosque is so torn that it is not possible to offer prayers on it, there is no objection in selling it. Similarly, the old building

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materials which are no longer needed for reconstruction and refurbishment of the mosque can be sold and the money acquired in this way should be spent in the same Mosque for the same purpose, and if this not possible, it should be spent for a purpose which is nearest to the object of the person who made the endowment. And if it is not needed for that mosque, it can be used in other mosques. Issue No. 1787- In a private Waqf, where so serious differences crop up between the persons for whom endowment is made that it may be feared that if the endowed property is not sold, a mischief may arise, or property or life of some person may be endangered, in such cases, the property may be sold off, and the sale proceeds should be spent on a purpose which is nearest to the object of the person who made the endowment. Issue No. 1788- The landlord may sell a property that has been leased out to another person, and the lease contract is not rendered invalid. However, the lease holder is entitled to utilize the property during the period of lease. And if the buyer does not know that the property has been leased out or he has purchased it under the impression that the period of lease is short he can rescind the transaction when he comes to know the correct position.

Formula of Purchase and Sale▲
Issue No. 1789- The parties involved in a transaction may pronounce the formula of purchase and sale in any language they know. Hence, if the seller says in English, “I have sold this property in exchange of this money” and the buyer says, “I have accepted it”, the transaction is in order. It will also be all right if the formula is pronounced in wordings other than this with the same meaning. And if the formula is not pronounced, but the seller hands over the commodity to the buyer with the intention of selling it to him, and the buyer also takes it with the intention of buying it, it will be sufficient, provided that all the conditions of transaction have been met. Issue No. 1790- Writing and signing papers or a document relating to a transaction whether it be in a public notary office, or elsewhere, can replace verbal formula (and would suffice for it) except for marriage and divorce in which verbal formula is necessary, as an obligatory precaution. Issue No. 1791- At the time of pronouncing the formula of transaction, the two parties involved should have the intention of selling and buying. That is, by uttering the above mentioned words, they should be seriously intent upon buying and selling. Similarly, in cases where practical buying and selling replace the verbal formula, there should also be the intention of selling and buying. That is to say, the parties to the transaction should have the intention of selling and buying. Also, both real as well as legal personalities can be owners

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and can be a party to the contract. Thus a charitable or a non-profit institute, which has a legal personality, does not make any difference from a real personality in this regard.

Purchase and Sale of Fruits on Trees▲
Issue No. 1792- It will be in order to purchase and sell the dates which have become yellow or red, or the fruit whose flowers have fallen off and their seeds have been formed so that they have passed the pestilence. There is also no harm in selling sour grapes on the vine, in which case, their quantity should be estimated by experts. Issue No. 1793- If a person wants to sell the fruit which is on the tree before its flowers fall, the precaution is to sell along with something which grows from the earth e.g. available vegetables. Issue No. 1794- There is no harm in buying and selling cucumber, aubergines, and various vegetables, etc. which are picked several times during a year, provided that they have grown and are visible. However, it should be specified and made known before hand as to how many times during the year the buyer would pick them. Issue No. 1795- There is no harm in buying and selling the ears of wheat and barley after the seeds are developed. But selling them for wheat and barley is a matter of Ishkal (objection). Similarly, the cultivation itself can be bought before the ears develop, whether they make a condition that they should remain till it is ripe, or be used only as grass.

Cash and Credit▲
Issue No. 1796- If a commodity is sold for cash, the buyer and the seller can, after concluding the transaction, demand the commodity or the money from each other and take possession of it . The manner in which delivery of house, land etc. is given is that they are placed at the disposal of the buyer and the manner of delivering movable things, like carpets, dress, etc. is that they should be placed at the disposal of the buyer in such a way that if he wants to take them to another place the seller may not prevent him from doing so. Issue No. 1797- When something is sold on credit, the period should be fixed clearly, and if a date is not fixed, the transaction is void. Issue No. 1798- If a commodity is sold on credit, the seller cannot demand what he has to receive from the buyer before the stipulated period is over. However, if the buyer dies, the seller can claim the amount due to him from the heirs of the dead person, though the stipulated period is not over.

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Issue No. 1799- If after the expiry of the stipulated period, the customer cannot pay it, the seller should give him extension of time. Issue No. 1800- If a person sells a commodity at a lower cash price, and sells the same commodity on credit at a higher price, for example, if he says, “'I shall charge ten cents per dollar more on the commodity, which I am giving you on credit, as compared with the price, which I charge on cash payment”, and the customer accepts it, there is no objection in it, and the transaction is not reckoned as a usury. Issue No. 1801- If a person sells a commodity on credit, but later he reduces his claim and takes the balance in cash, there is no harm in it.

Conditions for Contract by Advance Payment▲
Issue No. 1802- Purchase by advance payment means that a buyer pays the price of a commodity, and takes its possession later. Hence, the transaction will be in order, if for example, the buyer says, “I am paying this amount so that I may take possession of such and such commodity after six months”, and if the seller says, “I have accepted”, it will be sufficient. Even if no formula is pronounced, and the buyer pays the money with this intention, and the seller takes it, it is in order. Issue No. 1803- If a person sells, on advance payment basis, the money itself, and takes money in exchange for it, the transaction is void. However, if he sells a commodity, and takes money or another commodity in exchange, the transaction is in order, though the recommended precaution is that one should always take money and not another commodity in exchange. Issue No. 1804- There are six conditions of advance payment contract: 1-The qualities and characteristics on account of which the price of a commodity may be affected should be specified. However, it is not necessary to be very precise, it will be sufficient if it can be said that its characteristics are known. For this reason, the transaction would be void, if the commodities, whose characteristics cannot be specified (e.g. some kinds of hides and meat and carpets) are sold on advance payment basis. 2- Before the buyer and the seller separate from each other, the buyer should hand over full amount to the seller. And if the buyer pays certain percentage of the price of that commodity to the seller, the transaction will be valid equal to that percentage, but the seller can rescind the transaction. 3- The time-limit should be specified exactly. In case, therefore, the seller says that he will deliver the commodity when the crop is harvested, the transaction is void, because it is not exactly specified when the crop is harvested. 4- A time should be fixed for the delivery of the commodity when the commodity is usually available.

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5- As an obligatory precaution, the place of delivery of the commodity (i.e. the city or the town in which the commodity is handed over) should be specified. However, if that place becomes known from their conversation it is not necessary that its name should be mentioned. 6- The weight or the measure of the commodity should be specified. But, there is no harm in selling through advance payment contract, a commodity which is usually bought and sold by observation, like various kinds of carpets, provided that its characteristics are mentioned. However, the difference in the quality of individual items of the commodity must be so small that the people may not attach any importance to it.

Laws Regarding Advance Payment Contract▲
Issue No. 1805- If a person purchases a commodity by way of advance payment, he is not entitled, till the expiry of the stipulated period of delivery, to sell it to another person. However, there is no harm in selling it to any person after the expiry of the stipulated period, even though the buyer may not have taken possession of it till that time. Issue No. 1806- In an advance payment transaction, if the seller delivers a better quality commodity than the one agreed upon, i.e. a commodity which possesses all the qualities and the characteristics that they had agreed upon in addition to other qualities, the customer (i.e. the buyer) should accept it. However, if it lacks some of the qualities about which agreement was made, the buyer can reject the bargain. Issue No. 1807- If the seller gives a commodity other than that about which agreement was made, or delivers a commodity which is of inferior quality to that which was agreed upon, and the buyer agrees to accept it, there will be no objection to it. Issue No. 1808- If a commodity which was sold by way of advance payment becomes scarce at the time when it should be delivered, and the seller cannot supply it, the buyer may wait till the seller procures it, or even cancel the transaction, and take back the refund.

Sale of Gold and Silver against Gold and Silver▲
Issue No. 1809- If gold is sold against gold, and silver is sold against silver, whether it is in the form of coins or otherwise and if the weight of one of them is more than that of the other, the transaction is haraam and void, though one may be made and polished gold and the other unmade and unpolished, or their make may be of different quality or of different carats, for example, if 1 gram of 18 carat gold is exchanged for 11/2 grams of 14 carat gold, it will be haraam and void. However, there is no harm in selling gold in exchange for silver,

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irrespective of whether their weight is equal or not. Issue No. 1810- In transaction of gold against gold and silver against silver, the seller and the buyer should deliver the commodity and its exchange to each other before they separate from each other. And if they do not do so, the transaction becomes void. And if only a part of the stock is delivered, the transaction with regard to the part exchanged will be valid, and the person who has not received the entire stock can cancel the transaction.

Circumstances in Which One Has a Right to Cancel a Transaction▲
Issue No. 1811- The right to cancel a transaction is called Khiyar, and the seller and the buyer can cancel a transaction in the following eleven cases: 1- If the parties to the transaction have not parted from the assembly in which the agreement was made. This is called Khiyarul majlis. 2- If either the seller or the buyer is cheated, and this is called Khiyar of Ghabn. 3- If it is agreed that up to a stipulated time, one or both the parties will be entitled to cancel the transaction. This is called Khiyarush Shart. 4- If either the seller or the buyer cheats and presents his commodity as better than it actually is. This is called Khiyar tadlis. 5- If either the seller or the buyer stipulates that the other would perform a certain job for the other party, or it is stipulated that one party will supply a commodity of a particular quality to the other and the commodity supplied may be lacking in that quality, in these cases, the party concerned can cancel the transaction. This is called Khiyar takhalluf shart. 6- If one of the two commodities or both are defective, and it was not known before. This is called Khiyarul ‘Aib. 7- If it transpires that a quantity of the commodity which has been sold belongs to a third person, and if the owner of that portion is not willing to sell it, the buyer can cancel the transaction, or accept the transaction and ask the seller to refund the money of that part to him. This is called Khiyarush shirkat. 8- If a commodity has not been seen by the other party and the owner of that commodity mentions its qualities, but it transpires later that the commodity lacks those qualities, the buyer can rescind the deal. Similarly, if the buyer may have seen the commodity sometimes back, and purchases it thinking that the qualities it had will still be existing, and if he finds that those qualities have disappeared, he has a right to cancel the deal. This is called Khiyar ru’yat. 9- If the buyer does not pay for the commodity he has bought for three days, and the seller has not yet handed over to him the commodity, the seller can cancel the transaction, unless the seller had agreed to allow the buyer for deferred payment till a fixed period. And if the commodity sold is perishable, like some fruits and vegetables, which would perish or decay if left for one day, and the buyer does not pay till nightfall, the seller can cancel the transaction. This is called Khiyar- ta’khir.

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10- A person, who buys an animal, can cancel the transaction within three days. This is called Khiyarul haywan. 11- If the seller is unable to deliver possession of the commodity sold by him, the buyer can cancel the transaction. This is called Khiyar ta’azzurit taslim. Details will follow.

Rules of Khiyarāt▲
Issue No. 1812- If the buyer does not know the price of the commodity or is negligent at the time of making the transaction, and purchases the thing for higher than the usual price, and if the difference of the price is substantial that people consider him to have been deceived, he can cancel the transaction. This rule also applies to the seller if he does not know the price of the commodity and is deceived. Issue No. 1813- In a transaction of “Conditional sale”, for example a house worth £2000.00 is sold for £1000.00, and it is agreed that if the seller returns the money within a stipulated period he can cancel the transaction, the transaction is in order, provided that the buyer and the seller had genuine intention of purchase and sale, and if the seller does not return the money within the stipulated period, the commodity will be the buyer’s. Issue No. 1814- If a person dishonestly mixes inferior tea with superior tea, and sells it as a superior tea, the buyer can cancel the transaction. Issue No. 1815- If a buyer finds out that the commodity purchased by him is defective, for example, the fabric or the carpet he has bought is worn out or is torn, if this defect existed before the transaction was made, but he was not aware of it, he can either cancel the transaction or determine the difference between the value of the sound property and the defective property should be assessed and the buyer should get refund in that proportion of the amount paid by him to the seller. For example, if he has bought a commodity for £100.00 and finds out that it is defective, and the difference between the value of the sound property and the defective property in the market is 1/4, the buyer can get 1/4 of the money that he has paid, i.e. £25.00 from the seller. However, as an obligatory precaution, this should be done with the consent of the party involved. This position is the same, if there is a defect in the substitute. Issue No. 1816- If a defect takes place in the property after concluding the transaction and before it is delivered, the buyer can cancel the transaction. Similarly, if some defect is found in what is taken in exchange for the property, after concluding the transaction and before it is delivered, the seller can cancel the transaction. Issue No. 1817- If a person comes to know about the defect after concluding

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the transaction, and does not cancel the transaction at once, his right will be forfeited, as a measure of precaution, but there is no harm if he delays it for a short time in order to think about it. And it is not necessary for the seller to be present at the time of the cancellation of the transaction. Issue No. 1818- In the following few cases the buyer cannot cancel the transaction, even if there is defect in the property, nor can he claim the difference between the prices: 1- If at the time of purchasing the property, he is aware of the defect in it. 2- If he accepts the defect in the property later. 3- If at the time of concluding the contract, the seller says he sells that property with whatever defect it may have. But, if he specifies a defect and says that he is selling that property with that defect, and it transpires later that it has some other defect as well, the buyer can cancel the transaction. 4- If at the time of concluding the contract, the buyer says that if the property has a defect, he will not cancel the transaction, nor will he claim the difference between the prices. Issue No. 1819- In a few cases the buyer cannot cancel the transaction if he finds out that there is defect in the property, but he can claim the difference between the prices: 1- If after the transaction has taken place, a change occurs in the commodity so that the people can say that the purchased commodity has not remained in its original form. 2- If after the transaction the buyer realises that there is a defect in the property, but he has already stipulated that he shall not have the right of cancellation. 3- After taking possession of the property, another defect appears in it. However, if he purchases a defective animal, and before the expiry of three days, another defect appears in the animal, the buyer can return it. And if only the buyer has the right for a particular period to cancel the transaction and another defect appears in the animal during that period the buyer can cancel the transaction even though he may have taken delivery of the animal.

Miscellaneous Rules▲
Issue No. 1820- If a seller informs the buyer about the cost price of a commodity, and based on it, he transacts, he should tell him about all factors which would affect the rise or fall in the price of the commodity, for example, he should say that he has bought it at this price against cash payment or on credit whether he sells it at the same price or at a price less or more than that. Issue No. 1821- If a person gives a commodity to another person and fixes its price and says: "If you sell this commodity at a price higher than that the sale proceeds in excess of that will be your property" , the transaction is in order,

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and the extra amount is that of the broker. Similarly, if he says, “I sell this commodity to you at this price” and he says, “I have accepted” and then, if he sells it more than that price, the higher price thus realized by him will be his. Issue No. 1822- If a butcher sells the meat of a female animal for male animal, and if he specifies the meat and says, "I am selling this meat of a male animal", the buer can cancel the transaction, and if he does not specify it, the buyer has the right to return the meat and get the meat of a male animal instead. Issue No. 1823- If a buyer tells the draper that he wants a cloth of fast colour, and the draper sells him a cloth whose colour fades, the buyer can cancel the transaction. Issue No. 1824- Swearing in the matter of transaction is Makrooh, if it is true, and haraam, if it is false.

Partnership▲ Partnership▲
Issue No. 1825- If two properties are mixed in a way that cannot be distinguished from each other, and separating them from each other is not possible, partnership is gained in that property, whether this is done intentionally or not. Also, if they pronounce a formula declaring partnership, in Arabic or in any other language, or express their intention of becoming each other’s partner by conduct, the partnership will be valid for the properties for which they have pronounced the formula, and it will not be necessary for them to mix the two properties.

Laws of Partnership▲
Issue No. 1826- If some persons enter into a partnership in respect of the wages which they earn – for example, if a few brokers agree mutually that they would divide between themselves whatever wages they earn, that partnership is not in order. Issue No. 1827- If two persons enter into a partnership, on the terms that each of them would purchase the commodity on his own responsibility, and each would be responsible for the payment of its price, but would share the commodity and the profit which they earn from that commodity, that partnership is not valid. However, there would be no objection, if each of them makes the other one his agent, authorising that whatever one purchases on credit, the other will be a partner in it, which means that he and his partner are responsible for the debt, in this case they will be considered partners in that commodity.

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Issue No. 1828- The persons who become partners under the rules of partnership, must be adult and sane, and should have intention and freedom in the matter of partnership. They should also be able to exercise discretion over their properties. Hence, if a feeble-minded person who has no right of disposal over his property and spends his wealth prodigally, enters into a partnership, it is not in order. Issue No. 1829- There is no harm if a condition is laid down in an agreement of partnership, that the partner who manages or works should get larger share of the profits, or on the contrary, the one who does not work or works less than the other partners, should get larger share of benefits (to assist him or for any other considerations). However, if it is agreed that the entire profit will be appropriated by one person, it will not be in order, but if it is agreed that the entire or the greater part of the loss should be borne by one partner, it will be in order. Issue No. 1830- Partners will get profit and loss in proportion to their capital, unless, a special condition has been mentioned in the agreement of the partnership. Therefore, the one whose capital is twice as much as the others, his share of the profit or loss will also be twice as much as those of the others. However, if they agree that their share of benefit or loss would be equal, there is no harm in it. Issue No. 1831- In the agreement of the partnership, they can lay down a condition that both the partners will buy and sell together, or each of them will conclude transactions individually, or only one of them will conclude transactions. In any case, they should act according to the agreement reached between them. And if this is not specified, neither of them can conclude any transactions with the capital, without the permission of the other. Issue No. 1832- The person who has been given the right of discretion over the capital of the partnership for concluding transactions, should act precisely according to the agreement and the conditions. For example, if it is agreed that he will not sell on credit, or will not buy from a particular institution or company, or will get mortgage against credits, he should act according to the agreement. However, if no such agreement is made with him, he should conclude transactions in the ordinary and usual manner. Issue No. 1833- If the person, who transacts business with the capital of the partnership, buys and sells contrary to the agreement made with him, and results in a loss, he will be responsible. Also, if no particular agreement has been made with him, and he concludes transaction contrary to the usual manner, he will still be responsible. Issue No. 1834- If the person who trades with the capital of the partnership,

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does not go beyond the bounds of his authority, nor is he negligent in looking after the capital, yet unexpectedly the entire capital or a part of it perishes, he is not responsible. Issue No. 1835- If the person who trades with the capital of the partnership, declares that the capital has perished without negligence and extravagance, and the other party claims that he is treacherous but he has no evidence to prove it, in case the concluder of transaction takes an oath before the Mujtahid, his statement should be accepted. Issue No. 1836- Partnership is binding. That is to say, neither of the two parties can cancel the agreement by himself, nor can he demand that the capital invested in the partnership should be divided before the expiry of the period fixed for the partnership, unless such a right had been preserved for him in the agreement. Issue No. 1837- If one of the partners dies, or becomes insane, or feebleminded, other partners cannot continue to exercise right of appropriation over the investment held in the partnership. However, temporary unconsciousness is of no effect in it. Issue No. 1838- If a partner purchases a thing on credit for himself, its profit or loss belongs to him. However, if he purchases it for the partnership and the other partner accords permission, its profit or loss belongs to both of them. Issue No. 1839- If a transaction is concluded with the capital of the partnership, and it transpires later that the partnership was invalid, yet, if all the partners approve that transaction, it will be in order, and whatever is gained belongs to all of them, and those who have been working for the partnership can collect the wages for their services at the usual rate.

Compromise▲ Compromise▲
Issue No. 1840- Compromise means meeting halfway, or coming to terms with someone in the matters of difference between them or issues that might lead to dispute or quarrel, by giving up to him a part of his own property, or profit gained from it or his own right, or by waiving or forgoing a debt, or some right, and the other person may also give him some property or profit from it or may waive his debt or right in consideration of it. This is called ‘compromise in exchange for something’, and if it is done without claiming any consideration, it is called ‘compromise without exchange for anything’, and both of these compromises will be in order.

Orders Regarding Compromise▲
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Issue No. 1841- A person who gives something to another person by way of compromise, should be adult and sane, and no one should have compelled him, and should have serious intention of making compromise, and he should not also be feeble-minded (that is to say, he should not spend his property prodigally), and he should not have been prevented by the Mujtahid from appropriating his own property. Issue No. 1842- The formula of compromise can be pronounced in Arabic, English or any languages. Rather, any practical step which clearly indicates that the two parties involved want to compromise through it will be sufficient. Issue No. 1843- If a person wants to give up his claim from another person in exchange for something or for nothing, by way of compromise, it will be in order, if the other side accepts it. However, if he wants to waive his claim or his right, the acceptance of the other party will not be necessary. And this is also a kind of compromise. Issue No. 1844- If a debtor knows the amount he owes, yet, he declares that he does not know, and his creditor does not know and makes compromise with the debtor for an amount less than what he owes him, it will not be in order, and the debtor will remain indebted to creditor in respect of that extra proportion, unless the circumstances are such that even if the creditor had known the amount of debt, he would have made compromise for that very amount. Issue No. 1845- If two parties wish to make a compromise on two things of the same kind whose weight is known, the compromise will be in order if usury is not involved. That is, the weight of one commodity should not be more than the weight of the other. And if their weight is not known, and it is likely that one is more than the other, there will be harm in the compromise. Issue No. 1846- It a person owes something to another and the creditor should get the amount after a specified time and in case he compromises for a less amount and his object is that he may forego a portion of his claim and get the balance in cash, there is no harm in it. For example, if a creditor has to receive £1000.00 in six months’ time, and he forgoes £100.00 of it with the consent of the debtor in order to get the rest in cash, there would be no problem. Issue No. 1847- A compromise contract can be cancelled with the mutual consent of the parties involved. Moreover, if while concluding the agreement one or both of them are given the right to cancel the compromise, the person who possesses that right can cancel the compromise. Issue No. 1848- It was said in the rules of purchase and sale that the transaction could be cancelled in eleven cases. A compromise can also be cancelled in all these eleven case, except in the case of Khiyarul majlis,

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Khiyarul haywan and Khiyarul ta’khir. It means that after the compromise is concluded, and before they leave the place where the compromise was made, if one of the parties becomes remorseful, he will not have the right to cancel it. Similarly, in compromise on animals, he has no right to cancel the contract within three days. And if a commodity is compromised for cash, but there is delay in the payment, the compromise can be can cancelled on the first day by the other party, and it is not necessary to wait for three days to pass. Issue No. 1849- A compromise can be cancelled if the thing received by means of compromise is defective and he was not aware of it. However, taking the difference of the price between the defective thing and the sound one depends on the mutual consent of the two parties.

(Lease (Rent▲ (Lease (Rent▲
Issue No. 1850- A lease is a legal agreement under which someone gives money or something valuable to someone else to use his property or its profits for a period of time. The person who gives something on lease as well as the person who takes it on lease should be adult and sane, and should be acting with intention and on their free will, and should have the right of discretion over their own property. Hence, it would be invalid to enter a contract with a feeble-minded person who does not have the right of appropriating his property, and who uses it wastefully.

Rules Regarding Lease/Rent▲
Issue No. 1851- A person can become the agent of another person and give his property on lease on his behalf. Similarly, the parent or the guardian of a minor can give his property on lease, provided that it is in his best interest, and the precaution is that the period after his adulthood should not be included in the lease agreement. However, if the child’s interest is not realized without including a part of the age of puberty, there would be no problem in it. And if the minor has no parent or guardian, then, one should get a Mujtahid’s permission, and if he does not have access to a just Mujtahid or his representative, he should get the permission of a just Mo’min who can observe the interest of the minor. Issue No. 1852- The formula for lease can be pronounced in Arabic, English or any other language.(For example, the owner says to a person, “I have leased out that property of mine to you for such and such amount and for such a period of time”, and he also says, “I have accepted it”.) It is also sufficient, if the owner gives his property to the lessee with the object of leasing it out, and the lessee also takes it.

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Issue No. 1853- If a person is hired for doing some work without reciting formula, the hire contract will be in order as soon as he starts doing that work at the request of the party involved. Issue No. 1854- A person who is not able to speak if he makes it known with signs that he has given or taken a property on lease for a certain amount and for a specific period, it will be in order. Issue No. 1855- A person who has taken a house, or a shop or any other thing on lease, cannot lease it out to any other person, unless such a right has been given to him. Issue No. 1856- A person who has taken a house, a shop or a room on lease, and has the right to sublet it to someone else, cannot sublet it for a higher amount than that, unless he has carried out some work on it (e.g. repairing, white washing, or placing a cupboard or carpeting it) in which case, he takes the extra amount for the work. Issue No. 1857- If a labour or a person is hired and employed by someone, the hirer cannot lease out his services to another person, unless it is understood from his words or action that the hirer has the option to do so. Then, in such a case, there will be harm, if he takes more money than the agreed wage for the hired person. However, there is no harm in something other than house, shop and a hired person.

Conditions Regarding the Property Given on Lease▲
Issue No. 1858- The property which is given on lease, should fulfil certain conditions: 1- It should be specific. Hence, if a person says, “I give one of my houses or one of my cars on lease”, it is not in order. 2- The person taking the property on lease should see it, or the owner should narrate its particulars fully. 3- It should be possible to deliver it. Hence, leasing out a horse which has run away and the hirer cannot get hold of it, will be void. 4- The property should not be destroyed or consumed through its utilisation. Hence, it is not correct to give bread or fruits on lease. 5- It should be possible to utilise the property for the purpose for which it has been given on lease. Hence, it is void to give a land on lease for farming which is not fertile or does not have sufficient water for irrigation. 6- The thing which a person gives on lease should be his own property or he should have authority on behalf of its owner in leasing it out. Issue No. 1859- It is in order to give a tree, farm or a pasture on lease for utilising its fruit and grass, respectively.

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Issue No. 1860- A woman can be hired for her milk, and it is not necessary for her to get her husband’s permission. However, if her husband’s right is affected owing to her giving milk (to the child of another person), she cannot take up the job without the permission of her husband. Issue No. 1861- The utilisation of the property given on lease carries four conditions: 1- It should be halal. Hence, leasing out a shop or a car for the sale of alcoholic drinks or transportation of alcoholic drinks, respectively, is void. 2- Paying money for such services should not be futile in the eyes of the public. 3- If the thing which is being leased out can be put to many uses the use to which the lessee is permitted to put it, should be specified. For example if an animal, which can be used for riding or for carrying burden, is given on hire it should be specified at the time of concluding the lease contract, whether the lessee may use it for riding or for carrying burden, or may use it for all other purposes. 4- The period of lease or hire should also be specified.

Miscellaneous Rules Relating to Lease/Rent▲
Issue No. 1862- If the time of commencement of a lease is not specified it commences after the recitation of the formula of lease or after taking possession of the property. Issue No. 1863- If a house is leased out, for example, for one year, and it is stipulated that the period of lease will commence one month after the recitation of the formula, the lease contract is in order, even if the house had been leased out to another person at the time of reciting the formula. Issue No. 1864- If the leaser says to the lessee, “I have leased out this house to you for one month on a rent of £500.00, and so long as you stay in it thereafter the rent will be the same, the lease will be in order only for the first month, because the rest has not been specified. However, if the first month is not specified also, and he only says that the rent is £500.00 a month, the lease is completely void. Issue No. 1865- In hotels or guest houses where one does not know how long he is going to stay there and he settles with the landlord that he will, for example, pay £10.00 per night as rent and the land also agrees to it, there is no problem in using the house. However, as the period of the lease has not been specified, the lease is not in order. Hence, as long as the landlord is agreeable to his stay, he can stay there; otherwise he will not have any right. But, if the number of nights is specified from the beginning, he has the right to stay there till the end of the period.

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Issue No. 1866- If a land is given on lease for growing wheat or barley, and the wheat or the barley that will be produced from that land is treated as its rent, the lease contract will not be in order. And the lease contract will not be in order also, if the land is given on lease against the products of other lands. Issue No. 1867- If a person has leased out something he cannot claim its rent until he has delivered it to the other party, and in case a person is hired to perform an act, he cannot claim wages until he has performed that act. Issue No. 1868- It is recommended that a person’s wages should be given to him before his perspiration dries. However, if the worker himself does not want to take his wage and he want, for example, to be paid monthly, there would be no objection. Issue No. 1869- It a lessor delivers the leased property, the lessee should pay the rent, although he may not take delivery of the property, or may take its delivery but may not utilize it till the end of the period of lease. Issue No. 1870- If a person agrees to perform a task on a particular day on payment of wages and is ready on that day to perform the task, the person, who has hired him, should pay him the wages although he may not entrust that task to him. For example, if a builder is hired to build a building on a fixed day, and he is ready to do work on that day but the hirer is evasive and does not give him the work to do, he should pay the wages of the builder if he remains without work on that day. However, if he works for himself or for another person, he should, as a precaution, get the balance from the owner of the first work provided that the wages of the second job is less than that of the first one. Issue No. 1871- If it transpires after the expiry of the period of lease or during the lease, that the lease contract was void, the lessee should give the usual rent of that thing to the owner of the property, irrespective of whether the rent is less or more than the amount of the contract. For example, if the usual rent is £1000.00 a month, and if he has rented it for £500.00, or £2000.00 a month, he should give only £1000.00. Issue No. 1872- If a thing taken by a person on lease is lost, or becomes defective, and if he has not been negligent in looking after it nor extravagant in its use, he is not responsible. If, for example, a cloth given to a tailor is stolen, or destroyed in fire, and if he has not been negligent in looking after it, he is not responsible. However, if by mistake, or any other reason, he has destroyed or made it defective with his own hand, he is responsible. However, if the defect is in the fabric itself, for instance, the quality of the fabric is such that it will be destroyed by ironing, in this case he is not responsible. Issue No. 1873- If a butcher cuts off the head of an animal, and makes it

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haraam, he must pay its price to its owner, regardless of whether he charged for slaughtering the animal or did it gratis, and in that case he shall not claim any wages. Issue No. 1874- If a person takes an animal on hire for transporting fragile goods, and if the animal slips or stampedes and the load is broken, the owner of the animal is not responsible. However, if the owner beats the animal or leads it on an unsafe road or does something else as a consequence of which the animal falls down on the ground and breaks the goods he (the owner of the animal) is responsible. This rule also applies to a vehicle which is turned over, and its load is destroyed, if it is due to his negligence or his failure, he is responsible for the destruction. But if the vehicle is faultless and it breaks down and turns over due to some reason as a result of which the load is wasted or destroyed, he is not responsible. Issue No. 1875- If a surgeon while operating on a patient or circumcising a child causes an injury to the patient or the child on account of negligence, or causes his death, he is responsible. Also, if he makes a mistake and as a consequence of which the patient sustains harm or dies, he is responsible. However, if he has not neglected and has not made a mistake and the patient becomes defective or dies due to other factors, he is not responsible, provided that he had acted, in respect to the child, with his guardian’s permission. Issue No. 1876- If a doctor prescribes a medicine for a patient or gives him some medicine or injects him with a liquid and makes a mistake in the treatment and the patient sustains harm or dies, he is responsible. Issue No. 1877- In order for a doctor or a surgeon not to be responsible for an error or mistake that he may commit, he can tell the patient or his guardian that if the patient sustains harm, he will not be responsible, and he accepts it, in such a case, if the doctor or the surgeon exercises the necessary precaution and care in the treatment and the patient sustains harm or dies, he will not be responsible. Issue No. 1878- The lessee and the lessor can cancel the lease contract with mutual consent. Also if a condition was laid down in the lease contract that one or both of them would have the option to cancel the contract, they can cancel the contract as per the agreement. Issue No. 1879- If the lessor or the lessee realises that he has been cheated, and if he was not aware of the price before the contract, he can cancel the lease contract. However, if a condition is laid down in the contract of lease that even if the parties are cheated they will not be entitled to cancel the contract, they cannot cancel it.

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Issue No. 1880- If a person gives something on lease to a person, and before he delivers it to the other party, it is usurped, the lessee can cancel the lease contract, or wait and take the rent for the period the thing remained in the possession of the usurper. However, if after the thing has been delivered to the lessee, some one usurps it, he cannot cancel the lease contract. Issue No. 1881- If the lessor sells the property to the lessee before the expiry of the period of lease, the lease contract does not get cancelled, and the lessee should give the rent of the property to the lessor. The same rule will apply if the lessor sells the leased property to someone else. Issue No. 1882- If before the commencement of the period of lease, the leased property becomes so much impaired that it is not fit for use, or it cannot be utilised in the manner agreed upon, the lease contract becomes void, and the lessee can take back the money paid by him to the owner of the property. However, if the leased property is impaired after sometime during which it has been utilisable, the remaining period of the lease becomes void. Issue No. 1883- If a person leases out a house which has, for example, two rooms, and one of those rooms is ruined and he gets it repaired at once, and the benefit which can be derived from it is not at all affected, the lease does not become void, and the lessee, too, cannot cancel the lease. However, if the repair take so much time that the benefit to be derived from it by the lessee is partially affected, then the lease in respect to that room becomes void, and the lessee is also entitled to cancel the whole lease. Issue No. 1884- If the lessor or the lessee dies, the lease contract does not become void, and that right remains for their heirs till the end of the lease contract. However, if they have laid a condition that the lessee himself uses that property not anyone else, then, the owner of the property is entitled to cancel the contract and the rent for the remaining period. Issue No. 1885- If an employer appoints a contractor to recruit labourers for him, and if the contractor gets from the employer more than what he pays to the labourers, the amount in excess is haraam. However, if the contractor accepts to finish the building with a specific amount of money and he has spent more than that, there is no harm in taking the amount in excess. But, as a precaution, it would be better if he himself also does some work, be it constructing or supervising or ordering materials. Issue No. 1886- If a person who dyes fabrics, agrees to dye a cloth, for example, in a specific way, but he dyes in a different way, he has no right to claim wages, rather, if he has damaged the cloth, or has caused it to lose its value, he is responsible. This rule also applies to tailors, shoemakers, etc.

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Muzari’ah▲ (Muzari’ah (Temporary Sharecropping Contract▲
Issue No. 1887- Muzari’ah means that the owner of a land agrees to hand over his land to a farmer so that he would cultivate it and give a specific share of the crop to the landowner. The Muzari’ah contract can be concluded verbally – for example, the landowner says, “I hand over to you this land for one-third of its crop for a period of two years”, and the farmer says, “I have accepted it”, the contract is in order. And it would also be in order, if the landowner hands over the land to the farmer and he receives it. (Of course, the necessary talks about the duration of the contract and the proportion to be given to the landowner, etc. should have taken place earlier).

Rules Regarding Muzari’ah▲
Issue No. 1888- There are certain conditions in Muzari’ah: 1- Both the landowner and the farmer should be adult and sane, and should conclude the contract of Muzari’ah with their own intention and free will. And they should not have been banned from discretion over their properties by the Mujtahid, and should not be feeble-minded either. 2- All the crop of the land should not be allocated to one of them. 3- The owner and the farmer should each share the entire produce of the land. For example, the landowner will receive 1/2 or 1/3 etc. of the entire crop. Hence, if they lay down a condition that a kind of the crop is for one of them and another kind of the crop for the other one, or that the crop of a part of the land should belong to one of them and the crop of another part of the land for the other one, it is not order; or if the landowner says to the farmer, “Cultivate the land and give me whatever you like”, it will be void. 4- The period for which the land is to remain in possession of the farmer should be specified, and it is necessary that the period should be long enough to make a harvest possible from the land. 5- The land should be arable, and if it is barren but can be made fit for farming by some work being done on it, the contract of Muzari’ah is in order. 6- The type of the cultivation or the crop, which the farmer should sow, should be specified. However, if it does not make any difference to them and to the public; or when it is clear as to what sort of crop the land is suitable for, it is not necessary that they should specify it. 7- The land should be specified. Hence, if a person has got several pieces of land, and says that he gives one of them to Muzari’ah, and if the lands are of different qualities, the Muzari’ah will not be in order. However, if the lands are of the same quality, and he says, for example, that he hands over to him (the farmer) 5 acres of this land, there is no objection to it. And it is also possible to describe the land to the farmer without him having seen it. 8- The expenses of cultivation, and also the seeds, etc., which each of them

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should incur should be specified. However, if the expenditure which each of them should incur is known among the local people, it will be sufficient.

Rules of Muzari’ah▲
Issue No. 1889- If the landowner or the farmer agrees that a certain quantity of the crop, (for example, a ton) of the crop will belong to him, and the remaining quantity will be divided between them, there is harm in it. Issue No. 1890- If the period of Muzari’ah (tenancy) comes to end, and the crop has not yet become available, and if this is due to the failure of the farmer, the landowner can make the farmer remove the crop from there, but if it is due to the year being delayed (as it is common), the landowner should wait, and if it is neither of them, and the farmer sustains a loss owing to its being removed, but the landowner does not sustain a loss, the latter should wait. However, if he (landowner) sustains a loss, he is entitled to make the farmer remove the crop. Issue No. 1891- If farming becomes impossible on the land on account of some occurrence, for example, if subterranean canals are destroyed and water supply is cut off from the land, if a part of the crop has been obtained, though it might be fodder which animals eat, it belongs to both of them according to the contract, and Muzari’ah is void in respect to the rest. Issue No. 1892- If the farmer does not cultivate the land while the land remains in his occupation, he should pay the rent for that period to the owner at the usual rate, and if a defect has appeared in the land, he is also responsible for it. Issue No. 1893- The landowner and the farmer cannot cancel the contract of Muzari’ah without each other’s consent. However, if they had agreed in the contract that one or both of them would have the right to cancel, he can do so according to the agreement. Issue No. 1894- If the owner of the land or the farmer dies after concluding the contract of Muzari’ah, the contract will not be terminated and their heirs take their place. However, if the farmer dies and if they had agreed that the farmer himself would do the farming, the contract of Muzari’ah will become cancelled, and in case the crop has appeared, his share should be given to his heirs, but the heirs cannot compel the landowner to allow the crop to stand on his land unless removing it would cause damage and loss to them. Issue No. 1895- If it becomes known, after cultivation and before the end of the harvest, that the contract of Muzari’ah had been void and if the seeds belonged to the landowner, the produce would belong to him, and he should pay the wages of the farmer at the usual rate, and if the seeds belonged to the farmer, the produce would belong to him, and he should pay the landowner the rent of

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the land as usual. And if the landowner does not agree that the crop remain on his land till the end of the period, the farmer should collect the crop provided that this would not cause damage and loss to him, and remaining on the land and paying the rent should not cause damage and loss to the landowner. Issue No. 1896- If roots of the crop remain in the land after collecting the produce, and after the expiry of the contract of Muzari’ah contract, and these roots grow again in the following year and yield crop, and if the landowner and the farmer have not dispensed with it, the crop of the second year should be divided between them according to the first year.

Musaqat▲ Musaqat▲
Issue No. 1897- If a person hands over his fruit-bearing trees to someone for a specified period of time, so that he cares, tends and waters them, and in return, that person will have the right to take an agreed quantity of fruits, this transaction is called Musaqat. Issue No. 1898- Musaqat is also valid in respect of trees, like, rose trees which are used for extracting rose water, etc. from their flowers, or Henna or Sidr trees whose leaves are used, or some other trees whose sap and gum are used. However, a Musaqat transaction in respect of trees which have none of these uses is not in order. Issue No. 1899- While concluding a transaction of Musaqat, the prescribed formula can be recited, and it will also be valid without reciting the formula. For example, if the owner of the trees transfers them with the intention of Musaqat and the person who has agreed to take care of them also receives them with the same intention, the transaction will be in order. (Of course, the necessary talks about the duration and the conditions, etc. should have taken place earlier).

Conditions for Musaqat▲
Issue No. 1900- There are some conditions for Musaqat: 1- The owner of the trees and the person who undertakes to look after them, should be adult and sane. 2- No one should have compelled them into the transaction. 3- They should not have been banned from having discretion over their own property. 4- The period of Musaqat should be specified, and if the beginning of it is specified, and its end is fixed to be the time when fruits for that year become available, the contract is in order.

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5- It is necessary that the share of each one of them is fixed as 1/2 or 1/3 etc. of the crop, and if they stipulate, for example, that one ton of the fruits will belong to the owner of the orchard and the remaining quantity will go to the person who looks after the trees, the contract is void. 6- It is necessary that the contract of Musaqat be concluded before the appearance of the crop. And if the contract is made after the appearance of the fruits and before they are ripe, the contract will be in order, provided that some work like, watering and spraying which are required for the growth and development of the fruits still remain to be done, otherwise, there is harm in it. And if the work required to be done is merely plucking the fruits and looking after them, the contract is in order but it is not considered to be Musaqat.

Rules Regarding Musaqat▲
Issue No. 1901- If a clear agreement is made in respect of melon, cucumber plants etc., in which the number of the times of picking and the share of each one are specified, it will be in order, though it cannot be called Musaqat. Issue No. 1902- If a tree benefits from rainwater or the moisture of earth and does not stand in need of irrigation but needs other work like turning up with a spade, fertilising and spraying which will make its fruit or its quality to improve, a contract of, Musaqat with regard to it is in order. Issue No. 1903- The parties involved can cancel the transaction of Musaqat with mutual consent, and also if, when concluding the contract, they had agreed that one or both of them would have the right to cancel it, then, he can do so according to the agreement. And if in the contract of Musaqat, they had laid a condition and that condition is not fulfilled, and if the person who benefits from the condition is not able to compel the other party to fulfil it, then, he can cancel the transaction. Issue No. 1904- The Musaqat transaction is not terminated with the death of the owner of the orchard, and his heirs will act on his behalf. However, if a person to whom the upkeep of the trees was entrusted dies and if they had agreed that he himself would do the job, the contract will become cancelled, but if they have not laid such a condition, his heirs will take his place. Issue No. 1905- The work to be done by each of the parties involved should be specified in advance, like repairing the subterranean canals or the tube-well engine, supplying manure, spraying equipments, etc., and if there is a local norm in this respect, that will suffice. Issue No. 1906- If it transpires that the transaction of Musaqat has been void, the fruits of the orchard will belong to the owner of the orchard, but he should pay wages at the usual rate to the person who has reared the trees by watering

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them and doing other work on them. Issue No. 1907- If a person hands over a piece of land to another person to plant trees in it, and it is agreed that whatever is grown, will be the property of both of them, in case all aspects of the contract are made clear, the transaction will be in order, though it cannot be called Musaqat. Issue No. 1908- It is possible that the other party in Musaqat consists of multiple individuals; that is, the owner of the orchard may leave his orchard in the hands of several people, and conclude the contract of Musaqat with them.

Persons Who Have No Right of Discretion over Their Own Property ▲
Issue No. 1909- A child who has not reached the age of puberty has no right of discretion over his/her own property. The signs of puberty or adulthood are one of these three things: 1- A boy becomes adult at the completion of his fifteen lunar years, and a girl becomes adult at the completion of her nine lunar years. 2- Discharge of semen. 3- When stiff hair grow below the navel above the private parts. Issue No. 1910- The voice becoming harsh, and growing of stiff hair on the face and above the lips, etc. are not the signs of one’s reaching the age of puberty, except that one may become sure of having reached the age of puberty due to these changes. Issue No. 1911- An insane person and a feeble-minded person i.e. someone who squanders his property for useless purposes, have no right of appropriation over their properties, rather, the disposal should be under the supervision of their guardians. Issue No. 1912- A bankrupt, (i.e. a person whose debts are more than his available capital, and his creditors have asked the Mujtahid to prohibit him from appropriating or having discretion over his property), has no right of disposal or discretion over his property after a just ruler’s judgment. Issue No. 1913- If a person is sane at one time and insane at another, the discretion exercised by him during his lunacy will not be considered valid. Issue No. 1914- A person can give away his own wealth as gift, as much as he likes, to others, before his death, whether he is well or sick; and he is allowed also to sell a commodity cheaper than its value or spend it on himself or on the members of his family or his guests. However, the precaution is that a dying person in his terminal illness should not make such appropriations in more than 1/3 of his own estate, except with the permission of his heirs.

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(Rules Regarding Agency (Wakalat▲
Issue No. 1915- Agency means that a person who is religiously able to interfere with, and possess a task, leave it to someone else to do on his behalf. For example, one may appoint another person to appoint someone as his agent to sell his house, or for contracting one's marriage with a woman. If he has the necessary conditions, it will be in order. Issue No. 1916- Among the necessary conditions are that both Wakil (agent) and Muwakkil (principal) should be sane, adult and mature (a mature person is one who does not squander his property absurdly), and that they should act with intention and free will. Issue No. 1917- The agency agreement can be made by pronouncing its formula in English or Arabic or any other languages. And if a person conveys to another person, by conduct, that he has made him his agent and the other person also conducts himself in a way to convey that he has accepted that position e.g. if he places his property at the agent’s disposal so that he may sell it on his behalf, and the agent takes the property for that purpose, the agency is in order. Issue No. 1918- If a person appoints a person in another city as his agent, and gives him power of attorney, and he accepts it, the agency is in order, even if the power of attorney reaches the agent after some time. Of course, the agent’s tasks will be in order after he has received the power of attorney and accepted it. Issue No. 1919- ‘Agency’ in haraam acts or for affairs that an agent cannot perform rationally or religiously, is void. For example, a person who is wearing Ihram for Hajj cannot, as an agent, recite the formula of marriage (Nikah) for another person. Issue No. 1920- If a person appoints another person as his agent to perform all his tasks or a specific task, (e.g. all that is in respect to his wealth) the agency is in order. However, if he appoints him as his agent for performing a task without specifying it, the agency will be void. Issue No. 1921- If a person removes his agent from office, he (the agent) cannot perform the task entrusted to him after the news of his dismissal has reached him. However, if he has already performed the task before the news regarding his dismissal reaches him, it will be in order. An agent can relinquish the agency whenever he wants to even though the principal (Muwakkil) may be absent. Issue No. 1922- An agent cannot appoint another person as agent for the performance of the task entrusted to him, except when the principal has

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authorised him to engage an agent on behalf of himself or him. In that case, he should act according to the instructions given to him. Issue No. 1923- If an agent appoints someone as an agent for his principal with his permission, he cannot remove that agent, and if the first agent dies or relinquishes the agency, the second agency will not be invalidated. But If he appoints someone as his own agent with the permission of the principal, both the principal and the first agent can dismiss that agent, and if the first agent dies or is dismissed from office, the second agency becomes invalid. Issue No. 1924- If a person engages several persons as agents for performing a task, and says to them, “each one of you is my independent agent”, in this case, any one of them performs the task, it would be in order; and if one of them dies the agency of others is not invalidated. In case, however, he tells them that they are all his agents jointly, none of them can act independently, and if one of them dies, the agency of others is invalidated. Issue No. 1925- If the agent or the principal dies or becomes insane, the agency becomes invalid, though the insane may become sane later. Temporary insanity also causes, on the basis of precaution, the agency to become invalid, however, temporary unconsciousness does not make the agency invalid. Issue No. 1926- If a person appoints someone as an agent to perform a task, and fixes wages for his services, he should pay him the same after the completion of the task. Issue No. 1927- If an agent has been careless in looking after the property entrusted to him or appropriates it in a manner other than that for which he has been accorded permission, and consequently the property is lost or becomes defective, he is responsible for it. However, if after the appropriation, the property still exists, and then he appropriates it in the authorised manner, that appropriation will be in order.

Ju’ala ▲ (Ju’ala (Payment of Reward▲
Issue No. 1928- Ju’ala means that a person promises that if a particular work is completed for him, he will give him a specified amount for it. For example, he declares that if anyone recovers his lost property, he will give him £100.00. One who makes such a declaration is called Ja’il, and the person who carries out that work is called ‘Amil. The difference between Ju’ala and Ijara (hire) is that, in the case of “hire” the hired person is bound to do the job after agreement, and the hirer becomes indebted to the hired person for his wages, whereas in the case of Ju’ala, the person who agrees to do the job is at liberty

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to abandon it if he so wishes, and unless he completes the job assigned, the person who declared the reward or payment does not become indebted to him. Issue No. 1929- The agreement (Ju’ala) can be made with an unspecified or a specified person. For example, if a person says to a sea-diver, “If you bring that drowned article of mine out of the sea, I’ll give you £150.00” or if he says to a physician, “If you cure my son’s disease, I’ll pay you such an amount”, the Ju’ala in both cases is in order.

Conditions for Ju’ala ▲
Issue No. 1930- The person who makes an agreement should be adult and sane, and should have made the agreement with his free will and intention, and should be entitled legally to appropriate his property. Hence, the agreement of a feeble-minded person who squanders his property indiscreetly is not in order. Issue No. 1931- The task for which the declaration is made by the employer should not be haraam, and it should also bear a rational result. Hence, if he declares that he will give such an amount to a person who drinks alcohol, or traverses a dark passage at night without any sensible purpose, the agreement will not be in order.

Rules Regarding Ju’ala ▲
Issue No. 1932- If a person specifies a property and says, for example, “If anyone finds my horse, I will give him this wheat”, the precaution is that he should specify its quantity as well as its particulars which are effective in its value, and if he does not specify the property, and says, for example, “Whoever finds my horse, I will give him 100 kgs of wheat”, he should specify the particulars of the wheat which will be effective in its value. However, if he does not fix a specified wages for this task and says, “Whoever finds my lost property, I will give him some money or a reward”, the agreement is void. And if a person does that task, he should give him wages according to the worth which the task performed by him has in the eyes of the people, except for when one can gather from the employer’s words that the amount he meant was less than that, in which case, he should give him the intended amount. Issue No. 1933- If a labourer (Amil) performs the task before the agreement is made, or performs it after the agreement but with the intention that he will not take any money, he is not entitled to demand wages. Issue No. 1934- If a person declares that whoever finds his lost property, he would give him half of it, and if the labourer is not aware of the particulars and the value of the lost property, there is harm in Ju’ala.

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Issue No. 1935- The person who makes the agreement and the labourer can cancel the Ju’ala agreement before the work starts. They can also cancel it after the work starts, but if employer cancels it, he should give the labourer wages for the amount of work he has done. Issue No. 1936- As we said earlier, the labourer can leave the task incomplete. However, if his failure to complete the task causes harm to the person who appointed him, he should complete it, and if he does not do so, he is responsible. For example, if a person tells the surgeon, “If you operate my eye, I will give you so much money”, and he starts the operation and in case the position is such that if he does not complete the operation the eye may become defective in which case he has no right to demand his fees from the employer, and he will also be responsible for the loss and the damage. Issue No. 1937- If the labourer leaves a job incomplete, for instance, he looks for the lost property for some time and then gives up looking, he has no right to demand any wages from the employer. However, if doing a part of the job is useful, like sewing part of a dress and if the wages fixed was for the completion of the work, he still would not be entitled to demand wages. However, if his intention was that he would receive wages for whatever amount he did, he should give the tailor the wages for the amount of work he has done.

Loan▲ Loan▲
Issue No. 1938- Giving loan is one of the very much recommended acts, which has been greatly recommended in the Holy Qur’an and in the traditions and narrations of the Ma’sumeen (the fourteen Infallibles, A.S.). The Holy Prophet has been reported to have said that whoever gives loan to his Muslim brother, his wealth flourishes, and the angels invoke Divine mercy for him, and if he is lenient with his debtor, he will pass over the Bridge (Sirat) swiftly. And if a Muslim denies his brethren-in-faith a loan, Paradise becomes forbidden for him. There is also a narration which says, “The Thawab (reward) for Sadaqa is ten times as much as the Sadaqa itself, and the Thawab for loan is eighteen times as much as the loan.”

Conditions for Loan▲
Issue No. 1939- Loan agreement formula can be done either verbally, or by way of action. Hence, if a person gives something to another person with the intention of loaning, and the other person takes it with the intention of borrowing, it is in order in both cases. Issue No. 1940- The quantity, the period of loan and the commodity which is

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lent should be specified, and also both the creditor and the debtor should be adult and sane, and they should not be feeble-minded or should not have been prohibited from having discretion over their property), and they should take action with their own free will and intention, and no force, compulsion or jest should be involved.

Rules Regarding Debt or Loan▲
Issue No. 1941- If a period is fixed for the repayment of debt in the formal contract of debt, the creditor cannot claim repayment of the debt before the expiry of that period. But if no such period was fixed, the creditor can demand the repayment of his debt at any time. Issue No. 1942- If a period is fixed for repayment of debt in the formal contract of debt, and the debtor wishes to pay his debt before the termination of time, the creditor does not have to accept it, but if specifying the time has been only to help the debtor and if he pays his debt before the termination of time, the creditor should accept it. Issue No. 1943- If the creditor demands his debt at the time he is entitled to, and the debtor is in a position to pay it he should pay it immediately, and if he delays its payment, he commits a sin. However, if the debtor does not possess anything other than the house he occupies, the household effects, and other things of essential needs, without which he would be facing hardship, the creditor should wait and he cannot compel him to sell the things he needs. However, the debtor should endeavour to repay his debt through trade and work or other lawful ways to earn something to pay his debt. Issue No. 1944- If a debtor has no access to his creditor, and cannot hope to find him, the obligatory precaution is that he should pay the amount he owes, with the permission of the Mujtahid, to poor people, whether they are Sayyid or non-Sayyid. Issue No. 1945- If the estate of a dead person does not exceed the obligatory expenses of his shroud, burial and the payment of his debt, his estate should be spent for these purposes and his heir will not inherit anything. Issue No. 1946- If a person takes loan consisting of a quantity of gold and silver money, and then its price falls or rises, he must give the same quantity which he had taken, whether its price has fallen or risen. Issue No. 1947- If the property taken on loan has not perished, and the time to return it has come, and its owner demands the same thing which he had lent, it will not be necessary to return him the same thing, though the recommended precaution is to return the same property.

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Issue No. 1948- If a person who advances a loan, makes a condition that he will take back more than what he gives, it will be usury which is haraam, irrespective of whether it is a commodity which is purchased and sold by weight and measure, or in number. Rather, if he stipulates that the debtor should, apart from the repayment, do some work for him, or repay the loan along with a quantity of another commodity, for example, if he lays down the condition that the debtor should return the thing taken on loan along with a quantity of another commodity (e.g. wheat) or if the creditor gives as loan a quantity of unmanufactured gold, and imposes the condition that the debtor should return him the same quantity but of manufactured gold, all these are usury and haraam. However, if no condition is imposed by the creditor and the debtor himself decides to repay something more than what he borrowed, there is no harm in it, and it is rather recommended to do so. Issue No. 1949- Giving interest is haraam like taking interest, and one who has taken a loan against interest does not become its owner, and it is not permissible to exercise discretion over it. And if the position is such that even if the parties had not laid down a condition for payment of loan the person advancing the loan would have been agreeable to the debtor's appropriating that money the person taking the loan can appropriate it without any objection. Issue No. 1950- If a person takes interest bearing loan in the shape of wheat or any other similar thing, and does farming with it, the loan giver becomes the owner of the harvest, not the loan taker. Issue No. 1951- If a person purchases a dress, and then pays the owner of the dress with the money earned from interest, or with lawful money mixed with interest money, and if at the time of buying it his intention was to pay for it from such money, there will be harm in wearing that dress and offering prayers with it. However, if at the time of buying the dress, he did not intend to do so, but later on such an intention came to his mind, then there is no harm in wearing that dress and offering prayers with it, but he will not be discharged from his obligation with haraam property. Issue No. 1952- One can give a sum of money to another person, so that he may get from him something less in another city. This is called ‘Sarf-i-Barat’, which involves dispensing with some of his claim, but if he gives some money with the condition that after some time, he will take a larger amount from him in another town or city, for example, he gives £1000.00 to him and receives £1100.00 from him in another town, it is usury and haraam. Issue No. 1953- If a debtor dies, all his debts should be paid (though the due time for repayment has not arrived) and the creditors can claim their debts.

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(.Hawala (Transferring the Debts etc▲ Rules Regarding Hawala ▲
Issue No. 1954- If a debtor directs his creditor to collect his debt from a third person, and the creditor accepts the arrangement, the third person will become the debtor, and the first debtor gets rid of the debt. Issue No. 1955- The debtor, the creditor and the person to whom collections referred, should be adult and sane, and no one should have coerced them, and they should not be feeble-minded, or have been prevented from possessing their properties. But there is no harm if a person who has been banned from possessing his property transfers the debt to a person who is indebted to him. Issue No. 1956- If a debt is transferred to a debtor for payment, it is necessary for him to accept it, but if it is transferred to a person who is not a debtor, it is not necessary for him to accept it. However, if a person wishes to give a reference in the name of a person for a commodity other than that for which he is indebted to him, for example, if he is indebted 100 kgs of wheat, the debtor transfers 100 kgs of barley instead to the creditor, this will be in order, if the creditor accepts this transfer. Issue No. 1957- A transfer will be in order if a person is actually a debtor at the time he transfers the debt. Therefore, if a person intends to take a loan from someone in the future, he cannot transfer the prospective debt in advance to another party, telling the would-be creditor to collect the debt from that party. Issue No. 1958- The transferor and the creditor should specify the quantity of the transfer and its category, and if they do not do so, the transfer will be void. Hence, if the debtor tells the creditor to collect either of his two debts from a certain party, that transfer will not be valid. Issue No. 1959- If the debt is really specified, but the debtor and the creditor do not know its quantity or category at the time of assigning the transfer, the transaction is in order. For example, if a person has recorded the debt he owes to someone in his books, assigns a transfer of debt before referring to the books, and later, after consulting his records, informs the creditor about the quantity of his debt, the transfer is in order, provided that the approximate amount of the debt is known. Issue No. 1960- The creditor may decline to accept the transfer of debt, whether the person in whose name the reference has been given is rich, poor, good pay or poor pay.

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Issue No. 1961- If a person accepting the Hawala (reference) is not a debtor to the person giving the reference, he cannot demand the amount of the Hawala from the person who gave the reference, before honouring the reference. And if the creditor compromises for a lesser amount, the person honouring the reference should demand only that sum which he has paid from the person who gave reference. Issue No. 1962- When the conditions of the reference have been fulfilled the person giving the reference and the person in whose name the reference has been given cannot cancel the reference. However, if the person receiving the reference, was poor at the time it was issued, and the creditor did not know, then the creditor can abrogate the reference. However, if he became poor later, or he was poor at first and the creditor knew it, the creditor cannot cancel the reference. Issue No. 1963- If the debtor, the creditor, and the person to whom the reference is given agree among themselves that all of them or any one of them has a right to cancel the reference, they can do so in accordance with the agreement.

Mortgage▲ (Mortgage (Rahn▲
Issue No. 1964- Mortgage means that a debtor deposits some property with the creditor so that, if the debtor does not repay the debt, the creditor may realize his debt out of that property. Issue No. 1965- The mortgage agreement can be pronounced verbally, for example, if the debtor says, “I leave this property as mortgage with you against that debt” and the creditor also says, “I have accepted it”, or if the debtor gives his property to the creditor with the intention of providing security for the debt and the creditor takes it with the same intention, the mortgage is in order.

Rules Regarding Mortgage▲
Issue No. 1966- The mortgagor and the mortgagee should be adult and sane, and should not have been coerced by anyone. Moreover, they should not be feeble-minded, or they should not have been prohibited from possessing their properties by the Mujtahid because of bankruptcy. Issue No. 1967- A person can mortgage that property which he can legally appropriate, and if he mortgages the property of another person, it will not be in order, unless the owner of the property permits it. And if the owner of the property says to the creditor, “I mortgage this property against the debts of

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that fellow”, and if the creditor accepts it, the mortgage will be in order. Issue No. 1968- It should be correct to purchase and sell the property which is mortgaged. Hence, if wine or a gambling instrument or something like it is mortgaged the transaction is not in order. Issue No. 1969- The benefit which accrues from the mortgaged property, like milk of an animal or fruits of trees, belongs to the owner. Issue No. 1970- The obligatory precaution is that a mortgage should not take place without delivering the mortgaged property to the creditor, but if mortgage is done in such a way that, for example, a house will be mortgaged in accordance with a title deed, and then the title deed is given to the creditor so that if necessary, he can take his claim from the proceedings of its sale, though the debtor may be living in that house, there will be no harm in it. Issue No. 1971- It is not permissible to bring about changes which are in conflict with the mortgage agreement. Hence, neither the creditor nor the debtor can transfer a property which is mortgaged to another person without the consent of the other party (for example, he cannot present or sell it to someone else). However, if one of them presents or sells the property to another person, and the other party consents to it later, there is no harm in it. And the precaution is that neither of them should make other appropriations without the permission of each other, though it might not be in conflict with the mortgage. Issue No. 1972- If the creditor sells the property which is mortgaged with the consent of the debtor, the mortgage becomes void, and the sale proceeds will not be considered mortgaged like the property itself, unless the permission of the sale is given with this condition that the sale proceedings would be instead of that mortgage. Issue No. 1973- If the debtor fails to repay his debts at the request of the creditor when it is due, the creditor can sell the mortgaged property and collect his dues and should give the amount in excess of his debt to the debtor, and if he has access to the Mujtahid, he should, as an obligatory precaution, get his permission in doing so. Issue No. 1974- If the debtor has not paid any mortgage and if he does not possess anything other than his house which he occupies, and the essential household effects, the creditor cannot demand the repayment of debt from him, rather, he should give him time. However, if the property that he has mortgaged is not the house and essential household effects, the creditor can sell it and collect his dues.

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Issue No. 1975- It is a common practice among some people that they give a loan to the owner of the house and take the house as a mortgage on the condition that they pay a rent lower than the usual rate, or pay no rent at all, and that house is called a mortgaged house, this is usury and haraam. The right way is this that first they should rent the house for a sum though it may be a small sum, and while renting they should stipulate this condition that he should give him a specified amount of loan and leave the house as a mortgage against it, in this case it will not be usury, and it will be halal.

Surety ▲ (Surety (Zamanat▲
Issue No. 1976- If a person wishes to stand surety for the repayment of the debts of another person, he can recite the verbal formula in English or Arabic or any other language and say, for example, “I guarantee to pay the debt of Mr. so and so”, and the creditor also says, “I have accepted it” or he can do it by signing the surety agreement, or doing any other act that makes the creditor understand this matter, and he (the creditor) also accepts it practically. Issue No. 1977- After a person stands surety to repay a debtor’s debts, he becomes responsible for the debt, and the debtor will be free of any obligation. And if the guarantor has stood surety at the request of the debtor, whenever the guarantor pays the debt, he can claim it from the former debtor. There is another kind of surety in which a person gives a guaranty and says: "If the debtor does not repay your debt I shall pay it" showing that he becomes responsible for the debt and discharges the responsibility in the event of the debtor not repaying the debt. This kind of surety is also in order. And most of the sureties that take place in banks or against loans are of this kind. (The first type of the surety is called transference of liability from one individual to another, and the second one is called addition of one obligation to another, and both of them are in order.)

Conditions and Rules of Surety ▲
Issue No. 1978- The guarantor and the creditor should both be adult and sane, and they should not have been coerced by anyone. Furthermore, they should not be feeble-minded. A creditor who is bankrupt and the Mujtahid has prevented him from having authority or discretion over his property because of bankruptcy, cannot have a guarantor. (That is, he cannot transfer his debt onto someone else.) Issue No. 1979- The person for whom one stands surety should be a debtor. Therefore, if someone is going to take a loan from someone else, one cannot stand as a guarantor till such time when the loan has been taken. However,

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there is no harm, if one says to a person, “Employ that staff member or worker, and if he does anything wrong or commits an act of treachery, I will be responsible”, this sort of surety is also valid. Issue No. 1980- In surety, the creditor, the debtor and the commodity given as loan should be specified. In case, therefore, there are two creditors of a person and the person willing to guarantee says, ‘I guarantee to pay the debt of one of you” his guarantee is of no use. Similarly, if there are two debtors of a person, and the person willing to guarantee says, “I guarantee to pay you the debt of one of them”, his becoming a guarantor is void, as he has not specified which one’s debt he would pay. Similarly, if a person has to take 100 kgs of wheat and £100.00, and a person wishing to be a guarantor says, “I guarantee to pay one of the two debts” and does not specify whether he guarantees payment of wheat or money, the guarantee is not in order. Issue No. 1981- If a creditor gifts the guarantor with the debt owed to him, the guarantor cannot claim anything from the debtor, and if the creditor gifts him with a part of his debt, the guarantor cannot demand that part from the debtor. Issue No. 1982- The guarantor cannot cancel his surety without the consent of the creditor, but there is no harm if the guarantor or the creditor stipulates an option in their agreement for cancellation of the guarantee at any time they wish to do so. Issue No. 1983- If a person was capable of paying the debt of the creditor at the time he stood as a surety, the creditor cannot cancel his guarantee and demand the payment from the first debtor, even if the guarantor may have become poor afterwards. And the same rule will apply if the surety at the time of guaranteeing was not capable of paying the debt, yet the creditor agreed to his becoming the guarantor despite knowing it. However, if the surety at the time of guaranteeing was not capable of paying the debt, and the creditor was not aware of it, and he comes to know about it afterwards, he can cancel his guarantee. Issue No. 1984- If a person guarantees the payment of the debt of a person, without obtaining his permission, he (the surety) cannot demand anything from the debtor, but if it has been with his permission, he can demand it from him after the payment of the debt to the creditor.

Personal Guarantee for Bail▲ (Personal Guarantee for Bail (Kafalat▲
Issue No. 1985- If a person has a right on someone else, ( for example, he is owed a debt, blood money, or any other right), or he claims a right which is

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acceptable, and if another person accepts to be personal surety for debtor who owes something to another one so that the owner of the right or the plaintiff let the defendant go free and as and when the creditor or the plaintiff or the court asks for the debtor or the defendant, he (the guarantor) takes the responsibility for the appearance of the defendant before him or before the court, this agreement is called Kafalat and the person who accepts such a responsibility is called Kafil. Issue No. 1986- A personal surety can be pronounced in words in any language, for example, if the guarantor says to the creditor, “I guarantee to produce the debtor in person as and when demanded by you”, and the creditor also accepts it, or they do something that implies the above meaning, whether it is through signing a document or any other thing, the Kafalat (personal surety) will be in order.

Rules Regarding Personal Guarantee for Bail▲
Issue No. 1987- In Kafalat (personal surety), the consent of the person who owes something to someone else is not necessary. Hence, therefore, the consent of the debtor is not a condition. Issue No. 1988- Kafil (the guarantor) must be adult and sane and should not have been coerced to become guarantor and should be able to hand the person whose guarantor he becomes. Issue No. 1989- The following things will terminate the personal surety (bail guarantee): 1- When the debt of the creditor has been discharged. 2- When the creditor himself forgives the debt. 3- When the debtor dies. 4- When the guarantor hands over the debtor or the accused person to the creditor or the plaintiff. 5- When the creditor absolves the guarantor from his personal surety. 6- When the guarantor dies. 7- When the creditor hands over his debt by transfer or any other way to someone else. Issue No. 1990- If a person gets a debtor released from the hands of his creditor by force and if he (the creditor) cannot approach the debtor the person who has got the debtor released should hand him over to the creditor or pay his dues. And if a person or persons take over a murderer from the hands of the owner of blood money and let him escape, the Mujtahid can jail that person or those persons until they hand over the murderer through their own relatives, and if it is not possible to hand over the murderer, they should pay the blood money of the murdered person.

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Issue No. 1991- If the personal surety was with the permission of the person who owes and the Kafil (guarantor) is compelled to repay the debt to the creditor, he has the right to take it from the debtor, but if it was not with the consent of the debtor, he has no right to do so.

Deposit or Trust▲ (Deposit or Trust (Wadi’ah▲
Issue No. 1992- Wadi’ah means that one deposits his property with another person for protection and safe custody. In case a person gives his property to another person and tells him that it is in his custody and the latter also accepts it or, if the owner of the property makes the other person understand, without even uttering a word, that he is giving him that property for safe custody, and the other person also takes it to keep it in safe custody, he (i.e. the person who accepts responsibility for the property) should act in accordance with the relevant orders pertaining to custody (Wadi’ah/ amanat). Issue No. 1993- Treachery in Amanat is haraam and it is one of the major sins, and if a person accepts something for safe custody, he should not fail in protecting it and whenever the owner of the deposited thing demands it, he should return it to him, whether the owner is Muslim or not.

Rules Regarding Deposit or Trust▲
Issue No. 1994- Both trustee and the person who deposits some property by way of trust should be adult and sane. Therefore, if a non-adult child or an insane person deposits some property with someone, their action will not be in order. Similarly, one cannot deposit some property with a non-adult child or an insane person. However, a discerning child can accept a Wadi’ah (deposit) with the permission of his guardian. Issue No. 1995- If a person accepts something in trust from a minor or an insane (a thing which belongs to him), he cannot return it to him, rather, he should hand it to his parent/guardian, but if it belongs to someone else, he should return it to its owner. In any case, if that property is lost or damaged, he should give its substitute. However, if a person notices that there is something in the hand of a minor or an insane and he fears that it might be lost or damaged, and he takes it from the minor or the insane and does not fail in looking after it, he will not be responsible, if it is lost or damaged. Issue No. 1996- A person who is not in a position to take care of an Amanat (a deposit), he should decline to accept it. However, if the owner of that property is in a weaker position than him in taking care of it and if there is no other person available who can look after it better, then there is no objection in

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accepting it. Issue No. 1997- It a person tells the owner of some property that he is not prepared to look after that property and if the owner of the property leaves it there and goes away and the property perishes the person who has declined to accept the trust is not responsible for it. However, if it is possible for him it is better to look after it. Issue No. 1998- A person who gives something to another person as a deposit, can abrogate the arrangement as and when he likes, and similarly, one who accepts the deposit can do the same as and when he likes. Issue No. 1999- If a person renounces the custody of the property deposited with him and abrogates the arrangement, he should deliver the property to its owner or to the agent or guardian of its owner, as quickly as possible, or inform them that they should collect their property. And if he does not deliver the property to them without proper excuse and does not also inform them and if the property perishes he should give its substitute. Issue No. 2000- If a person who accepts a deposit does not have a suitable place for keeping it, he should procure such a place, and should take care of the deposit in a manner that people would say that he has not neglected looking after the deposit, otherwise, if it is lost or damaged, he will be responsible. Issue No. 2001- If a person who accepts a deposit has not been negligent in looking after it, nor has he gone beyond moderation, and then the property unexpectedly perishes, he will not be responsible for it. But if he keeps it at a place where it is likely to be found and stolen by a criminal minded person, and if the property is thus lost or damaged, he will be responsible for it, except for when he does not have a more secure place than that, and cannot deliver it to its owner or give it to someone who can look after it better. Issue No. 2002- If the owner of a property specifies a place for its safe keeping, telling the person who has accepted the deposit, “You will secure the property here, and you will not take it to anywhere else,” the trustee does not have the right to transfer it to somewhere else, unless he knows that that place does not enjoy any importance in the eyes of the owner of the property and his only object in specifying that place was the safety of the property. However, if he does not know the reason why the owner of the property said so, he should not transfer it to another place, and if he does, and it is lost or damaged, he should, as an obligatory precaution, give its substitute. Issue No. 2003- If the owner of a property specifies a place for its safe keeping, but does not tell the trustee not to transfer it to any other place, and if the trustee considers it probable that it will be perished in that place, he should

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transfer it to somewhere else which is more secure, and if the property is kept in the first place and it is lost or damaged, he will be responsible. Issue No. 2004- If the owner of a property becomes insane, the trustee should return it immediately to his guardian, or inform him to collect it. And if he does not do so without any valid excuse, and the property is perished, he will be responsible for it, except for when his guardian allows the deposit to remain in its place. Issue No. 2005- If the owner of a property dies, the trustee should deliver the deposit to his heirs or inform them to collect it. And if he fails to do so, he is responsible. However, if he does not deliver the property in order to investigate whether the claimants are the right heirs or not, or whether there are other heirs of the deceased; and in the meantime the property perishes, he will not be responsible. Issue No. 2006- If the owner of the deposit dies and he has many heirs, the person who has accepted the deposit should give the property to all the heirs, or to the person who has been authorised by all of them to receive the property. Hence, if he gives the entire property to one heir without the consent of others, he will be responsible for the shares of the remaining heirs. Issue No. 2007- If the person who has accepted the deposit dies or becomes insane his heir or guardian should inform the owner of the property or give the property to him as early as possible. Issue No. 2008- If a person with whom a property has been deposited, observes in himself the signs of approaching death, he should, if possible, deliver the deposit entrusted to him to its owner, or his agent, and if it is not possible, the precaution is that he should hand it over to the Mujtahid, and if he has no access to the Mujtahid, he should make a Will and should call a person to witness on it, and should inform the executor and the witness about the name of the owner of the property, and the kind of property, and its particulars, and the location where it is kept.

Lending ▲ (Lending (Ariyat▲
Issue No. 2009- Ariyat (lending) means that a person gives his property to another person for temporary use without taking anything in exchange. Issue No. 2010- Ariyat can be done in two ways; either a formal formula is pronounced in English or Arabic, for example, a person says to another person,” I lend this property to you,” and he also accepts it, or without uttering

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a word, he gives a property to some other person with the intention of lending and he also takes it with the intention of borrowing, it is in order.

Rules Regarding Lending ▲
Issue No. 2011- It is not in order to lend a usurped thing or a thing which belongs to the lender but its benefit has been assigned to some other person, unless the owner of the usurped thing is agreeable to its being lent. Issue No. 2012- A thing whose benefit belongs to a person e.g. a thing that he has taken on lease, can be lent to some other person provided that he is entitled to sublet it. Issue No. 2013- An insane or a minor cannot lend his own property. If, however, the guardian of a person considers it expedient to give his property on loan there is no harm in it. Issue No. 2014- If a person has borrowed something, and it is lost or damaged, he will not be responsible, except for when he has failed to look after it. Similarly, if the lender stipulates that the borrower would be responsible for loss or damage, or if the thing borrowed is gold or silver or ornaments made of gold or silver and it is lost or damaged, the borrower should compensate for it. Issue No. 2015- If the lender dies, the borrower should give the borrowed object to his heirs, and if he becomes insane, it should be given to his guardian. Issue No. 2016- The lender can take back the thing he has lent as and when he likes, and the borrower can also give it back at any time he wishes. Issue No. 2017- It is not permissible to lend a thing which has both halal and haraam uses, with the intention of its haraam use. Issue No. 2018- It is in order to lend a sheep for the use of their milk and wool, and it is also permissible to lend other animals for their lawful benefits. Issue No. 2019- If a person lends an impure utensil for the use of eating and drinking, the obligatory precaution is that he should inform the borrower of its being impure. The position is the same, if he lends an impure dress to be used for prayer. Issue No. 2020- If a thing is borrowed, and then it is lent to another person with the consent of its owner, and the first borrower dies or becomes insane, and if its original owner is alive, the second lending does not become invalid. Issue No. 2021- If it transpires later that the thing a person has borrowed is usurped, he should return it to its rightful owner, and if he does not know its

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owner, he should follow the rules for the unknown owner. However, he cannot give it to the lender. Issue No. 2022- If a person borrows something about which he knows that it has been usurped, and it is lost or damaged while in his possession, the rightful owner can demand compensation for that thing, and if he does not have access to him, he should demand compensation from the person who usurped it. And the borrower should also pay for the benefits which he has derived from it. If the borrower did not know that the property he had borrowed was usurped, and if the rightful owner receives from the borrower compensation for damage or lost property or for the benefits derived from it, he can demand what he has paid to the rightful owner from the lender who had usurped the property, provided that the lender had not stipulated that if the property was lost or damaged, he would have to give him compensation for it, and that the borrowed thing should not have been made of gold or silver.

Marriage▲ (Marriage (Nikah▲
Issue No. 2023- Marriage is one of the recommended acts and if one fears that he might fall into haraam by not getting married, then marriage will become obligatory upon him. Issue No. 2024- The relation between a man and a woman becomes lawful (halal) by contracting marriage. There are two kinds of marriage: (i) Permanent marriage. (ii) Fixed-time marriage. In a permanent marriage, the period of matrimony is not fixed, and it is forever. The woman with whom such a marriage is concluded is called da’ima (i.e. a permanent wife). In a fixed time marriage, the period of matrimony is fixed; the duration can be short or long. This sort of fixed time marriage is called Mut’ah or Sigha. Issue No. 2025- The formula of marriage must be pronounced, be the marriage permanent or temporary; mere tacit approval and consent is not sufficient. And the formula of the marriage contract is pronounced either by the man and the woman themselves, or by a person who is appointed by them as their representatives to recite it on their behalf. Issue No. 2026- There is no objection for a man representing a woman or a woman representing a man to pronounce the marriage formula. Issue No. 2027- As long as the woman and the man are not certain that their representative has pronounced the formula, they will not be halal to each

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other. However, if the representative is a trustworthy person and says that he has recited the formula, it will be sufficient. Issue No. 2028- If a woman appoints a person as her representative so that he may, for example, contract her marriage with a man for ten days or two months, but does not specify its beginning, the representative should set its beginning from the day and the hour he contracts her marriage. Issue No. 2029- The recommended precaution is that a person should not represent both sides in reciting the formula for marriage. That is, there should be two persons to represent each side in reciting the marriage formula, and also the recommended precaution is that a man should not himself become the representative of a woman and contract permanent or temporary marriage with her.

Method of Pronouncing Marriage Formula ▲
Issue No. 2030- If a woman and a man themselves want to recite the formula of permanent marriage, the woman should say: “Zawwajtuka nafsi ‘alas sidaqil ma’lum” (i.e. I have made myself your wife on the agreed Mahr), and then the man should immediately respond thus: “Qabiltut tazwij” (i.e. I accepted the marriage). And if they appoint other person to act as their representative for pronouncing the formula of marriage, it is sufficient if the representative of the woman says, “Zawwajtu muwakkilati muwakkilaka ‘alas sidaqil ma’lum”, (i.e. I have given my client to your client in marriage on the agreed Mahr), and thereafter the representative of the man should immediately respond thus: “Qabiltu li muwakkili hakaza”, (I accepted the same on behalf of my client). Issue No. 2031- It is permissible for a man and a woman to recite the formula of the fixed time marriage (Mut'ah) after settling the period of marriage and the amount of dowry. Hence, the woman should say: “Zawwajtuka nafsi fil muddatil ma’lumati ‘alal mahril ma’lum” (i.e. I have made myself your wife for the agreed period and the agreed Mahr), and then the man immediately responds thus: “Qabiltu”, (i.e. I have accepted), or if the representative of the woman says, “Matta’tu muwakkilati muwakkilaka fil muddatil ma’lumati ‘alal mahril ma’lum”, (i.e. I have given my client to your client in marriage for the agreed period and the agreed Mahr), and thereafter the representative of the man should immediately respond thus: “Qabiltu li muwakkili hakaza”, ( I have accepted the same on behalf of my client ).

Conditions of Pronouncing Nikah▲
Issue No. 2032- There are certain conditions for the conclusion of marriage. They are as follows: 1- On the basis of precaution, the formula of marriage contract should be

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recited in correct Arabic. And if the man and the woman cannot pronounce the formula in correct Arabic, they can pronounce the formula in any other language, and it is not necessary to appoint any representatives. However, the words in the other language must convey the meaning of the Arabic formula. 2- The one who recites the formula should have the intention of Insha’ (i.e. the object of reciting the formula should be to make the man and the woman as husband and wife respectively). In other words, their intention by uttering these words should be that she makes herself the wife of the man, and the man effectively accepts her as his wife. The representative should also have the same intention. 3- The person who pronounces the formula should be sane, and as a precaution, he should also be adult, though he may represent someone else. 4- If the formula is pronounced by the representatives or guardians of the man and the woman they should specify the man and the woman. Hence, if a person has more than one daughter, he cannot say to a man, “Zawwajtuka ihda banati (i.e. I have given away one of my daughters to you as your wife). 5- The woman and the man should be willing to enter into matrimonial alliance. If however, one of them ostensibly displays hesitation while giving the consent, but it is known that he/she is agreeable to the marriage in his/her heart, the marriage is in order. 6- The formula of marriage should be pronounced correctly, and if it is recited in a way that the meaning is changed, the marriage contract would be void. However, there is no harm if the meaning is not changed. Issue No. 2033- If a person pronouncing the formula does not know the Arabic grammar but utters the words of the marriage contract correctly and also comprehends its general meaning, his marriage will be valid. Issue No. 2034- If a woman is married out to a man without their consent, but later they consent to the marriage and give their permission, the marriage is in order. Issue No. 2035- If the woman and the man, or any one of them, is coerced into matrimony, and they give consent after the contract of marriage has been pronounced, the obligatory precaution is to recite the formula of the marriage de novo. Issue No. 2036- The father and the parental grandfather can contract a marriage on behalf of their minor or insane son or daughter, and after the minor becomes adult or the insane becomes sane, it should not, as an obligatory precaution, be abrogated. Issue No. 2037- If a girl, who has reached the age of puberty and is mature, (i.e. she can decide what is in her own interest) wishes to marry, she should, as a measure of precaution, obtain permission from her father or paternal

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grandfather. However, if the father refuses to grant permission to her for marrying a suitable man, his permission is not necessary. Similarly, it is not necessary to obtain permission if there is no access to her father or paternal grandfather, if she is in need of getting married. If a girl has married in the past and later she has been divorced or she became widowed, her father or paternal grandfather’s permission is not necessary for the new marriage.

Occasions When Husband or Wife Can Nullify Nikah▲
Issue No. 2038- If the man comes to know after marriage that his wife has one of the following seven defects, he can annul the marriage: 1- Insanity 2- Leprosy 3- Leucoderma 4- Blindness 5- Being crippled in a way that is evident. 6- ‘Ifdha’ meaning that the woman’s urinary and menstrual tract, or her menstrual passage and rectum have become one, and in general, the rapture is in a way that it is not usable for sexual intercourse. 7- Presence of flesh or a bone or a gland in the woman’s uterus which may obstruct sexual intercourse. Issue No. 2039- A woman can also annul the Nikah in the following cases: 1- Insanity of the husband 2- Having no male organ 3- Being incapable to have sexual intercourse 4- His testicles have been removed (details of this issue and the previous one can be found in the detailed books of Jurisprudence). Issue No. 2040- If either a man or a woman annuls the marriage owing to one of the defects mentioned in the last two issues, divorce is not required and the annulment will be sufficient. Issue No. 2041- If the wife annuls the marriage because of the husband’s inability to have sexual intercourse, the husband should give her half of her Mahr. But, if the man or the wife annuls the marriage because of one of the other defects enumerated above, and if sexual intercourse has not taken place, the husband will not be liable for anything. In case, however, he has had sexual intercourse with her, he should pay her full dowry.

Women with Whom Matrimony Is Haraam▲
Issue No. 2042- Matrimonial relation is haraam with women who are one’s Mahram, for instance, mother, daughter, sister, paternal aunt, maternal aunt, niece (one’s brother’s or sister’s daughter), wife of one’s father, daughter of one’s wife and mother-in-law, details of which will come in the following issues. Issue No. 2043- If a man marries a woman, even if he may not have had sexual intercourse with her, then her mother, her mother’s mother her father’s mother and all the women as the line ascends are his Mahram. However, the

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daughter of one’s wife, and the grand daughters of that woman (daughters of daughters, or sons) will become haraam to that man if he has had sexual intercourse with her. Issue No. 2044- The paternal and maternal aunt of a man and the paternal and maternal aunt of his father and the paternal and maternal aunt of his paternal grandfather and the paternal and maternal aunt of his mother, and the paternal and maternal aunt of his maternal grandmother, as the line ascends, are all his Mahram. Issue No. 2045- The husband’s father and his grandfather, however high they go, and the husband’s sons and grandsons, however low they go, whether they existed at the time of her marriage or were born afterwards, are all Mahram to her. Issue No. 2046- If a man marries a woman (whether the marriage is permanent or temporary) he cannot marry her wife’s sister, as long as she is his wife. Even after divorce, as long as she is in the waiting period, if it is the waiting period for revocable divorce (details of which will be narrated under the orders relating to 'Divorce'), and as a recommended precaution, it would be better that he does not marry her in the waiting period of the irrevocable divorce, and also in the waiting period of the temporary marriage, whether it is after the period of the temporary marriage is over or after he has forgone its remaining period. Issue No. 2047- A man cannot marry the niece of his wife without her permission. But if he does, and she later consents to the marriage, it will be in order. Issue No. 2048- A Muslim woman cannot marry a non-Muslim, and a male Muslim also cannot marry, on the basis of precaution, a non-Muslim woman. However, there would be no problem, if a Muslim man marries an Ahlul Kitab (People of the Scriptures) woman, like Jews or Christians, on temporary basis. Issue No. 2049- If a man (Na’uzu billah) commits adultery with a married woman, that woman becomes haraam to him forever. That is, if she gets divorced from her husband, the adulterer cannot marry her at all. Issue No. 2050- If a man commits adultery with a woman who is in the waiting period of someone else, she will become haraam to him, as an obligatory precaution, irrespective of whether the divorce is revocable or irrevocable, and the position is the same if the woman is in the waiting period of temporary marriage. Issue No. 2051- If a man commits adultery with a woman who is not in the

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waiting period, he can marry her later. However, he should, as a recommended precaution, wait till she gets her menstruation, thereupon he should marry her. Issue No. 2052- If a man contracts marriage with a woman who is in the Iddah (waiting period after divorce) of another man, and if the man and the woman both know, or any one of them knows that she is in Iddah and also knows that marrying a woman during her Iddah period is haraam, that woman will become haraam for the man forever, irrespective of whether he has had sexual intercourse with her or not. But if none of them knew that she was in Iddah nor did they know that contract marriage during Iddah is haraam, if they have had sexual intercourse with each other, the woman becomes haraam to him, and if they have not had sexual intercourse, she does not become haraam to him. Issue No. 2053- If a man contracts marriage with a woman knowing that she has a husband, he should get separated from her, and he cannot, on the basis of obligatory precaution, marry her afterwards, though he may not have had sexual intercourse with her. Issue No. 2054- If a married woman commits adultery, she does not become haraam to her husband. However, if she does not repent and persists in her action, it would be better for the husband to divorce her, but he should pay her Mahr. And if she is known for committing adultery, the obligatory precaution is to divorce her. Issue No. 2055- If a man (God forbid. We seek refuge to Allah) commits adultery with a woman who has husband, in order for him to repent, it is not necessary to tell her husband, rather he should repent genuinely before Allah. Issue No. 2056- If an adult person commits sodomy with a boy, the mother, sister and the daughter of the boy become haraam for him, whether that boy has attained the age of puberty or not attained it. However, if the person committing sodomy is minor, they do not become haraam to him, and the position is the same when he suspects or doubts whether penetration occurred or not. Issue No. 2057- If a person marries the mother, sister or daughter of someone, and commits sodomy with him after the marriage, they will not become haraam for him. Issue No. 2058- If a person who is in a state of Ihram which is one of the acts to be performed during Hajj or Umrah marries a woman, the marriage is void, and if he knew that it was haraam for him to marry in the state of Ihram, he cannot marry that woman again, irrespective of whether he has had sexual intercourse with her or not.

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Issue No. 2059- If a man does not perform Tawafun Nisa which is one of the acts to be performed during Hajj, women who had become haraam to him owing to wearing Ihram, will not become halal to him. This rule also applies to a woman. However, if they (Man or woman) perform Tawafun Nisa later, they become halal to each other. Issue No. 2060- If a person contracts marriage with a girl who has not attained the age of puberty with the consent of her guardian, it is haraam to have sexual intercourse with her before she has completed her nine years, and there is harm even after she has completed her nine years if she is not ready physically. However, if he does have sexual intercourse with her and she suffers Ifza, she does not become haraam for him, especially, if she becomes as good as her previous condition by way of operation or treatment. Therefore, in order for a man to have sexual intercourse with a woman and in addition to the completion of nine years of age, it is necessary for the woman, to be physically fit for this purpose, and if there is the fear of her suffering from Ifza or becoming defective, there will be harm in having sexual intercourse with her, even if she has reached the age of puberty. Issue No. 2061- A woman who has been divorced three times, becomes haraam for her husband. However, if she marries another man, subject to the conditions which will be mentioned under the rules pertaining to ‘divorce’, and then gets divorced, she can marry her first husband again.

Rules Regarding Permanent Marriage▲
Issue No. 2062- For a woman with whom permanent marriage is contracted, it is haraam, on the basis of precaution, to go out of the house without the permission of her husband, or to choose a job outside the house (whether it is a verbal permission or it is clear from the contexts that he consents to it), and she should not prevent him from having sexual intercourse with her without a legal excuse. It is also obligatory upon the husband to provide her with food, clothes and housing and other essential things as usual, and also medical expenses, medicines, etc., and if he does not provide the same, regardless of whether he is able to provide them or not, he remains, as a measure of precaution, indebted to the wife. Issue No. 2063- If the wife does not obey the husband in respect to the things which were mentioned in the previous issue, she is sinful, and she will no longer be entitled to food, clothes, housing and sharing the conjugal bed of her husband. Nevertheless, there is no doubt about the fact that her dowry remains secure and does not lapse. Issue No. 2064- A wife is not bound to render household services, to cook, to clean or wash, etc. unless she does it on her own willingness, and if the husband

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compels her to do so, the wife can claim wages for the same. Issue No. 2065- If the wife asks the husband for maintenance, and he does not provide her the same, she can draw her daily expenses from his property every day without his permission, and the obligatory precaution is that she should do so with the permission of the Mujtahid. And if she is obliged to earn her livelihood, it will not be obligatory upon her to obey her husband while she is engaged in earning her livelihood. Issue No. 2066- A man has no right to abandon his permanent wife in a way that she can neither be regarded as a woman with husband, nor as a woman without a husband, however, it is not obligatory that out of every four nights a man should spend one night with his permanent wife. If he has more than a wife, he should observe justice among them, details of which can be found in lengthy books of Fiqh (jurisprudence). Issue No. 2067- A man cannot abandon having sexual intercourse with his permanent wife for more than four months, rather, if the wife is young, and there is this fear that during this period she might fall into sins, the obligatory precaution is that he must act in a way that she should not fall into sins. Issue No. 2068- It is not obligatory to fix dower in permanent marriage, and the marriage contract without it is in order. However, if the husband has sexual intercourse with the wife later, he should pay her proper dower which would be in accordance with the dower usually paid to women of her status. Issue No. 2069- If at the time of reciting the marriage formula for permanent marriage, no time is fixed for the payment of dower, the wife can demand her dower immediately, and she may even prevent her husband from having sexual intercourse with her before receiving dower, and it is immaterial whether the husband is or is not in a position to pay it. However, his not being able to pay the dower is an indication that it (dower) had been an obligation on him from the beginning, albeit not in the form of a hard cash.

(Rules of Temporary Marriage (Mut’ah▲
Issue No. 2070- In temporary marriage, the duration of the period and the amount of dower should be specified, and without specifying these two, the marriage will be void. Issue No. 2071- Contracting a temporary marriage with a woman is permissible, even if it may not be for the sake of any sexual pleasure. Rather, if it is intended to make her close relatives become Mahram, there would be no objection to it provided that the girl who is contracted for temporary marriage is of an age that sexual pleasure can be derived from her. For example, if she is

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a child, the duration of the fixed period should be enough to include the period in which she is ready for sexual enjoyment, though he may exempt her of the time after concluding the marriage contract. Issue No. 2072- The obligatory precaution is that a husband should not refrain from having sexual intercourse for more than four months with a woman with whom he has contracted fixed time marriage. Issue No. 2073- If a woman with whom fixed time marriage is contracted makes it a condition of the marriage that her husband will not have sexual intercourse with her, the marriage as well as the condition imposed by her, are in order and the husband can seek enjoyment from her in other ways only. However, if she agrees to sexual intercourse later, the husband may have sexual intercourse with her. Issue No. 2074- A woman with whom temporary marriage is contracted is not entitled to subsistence even if she may become pregnant, and does not inherit from the husband, and the husband, too, does not inherit from her, and she is not entitled to share the conjugal bed of her husband, either. Issue No. 2075- A woman with whom temporary marriage is contracted can go out of the house without the permission of the husband, or choose a job for herself out of the house. However, if the right of her husband is infringed owing to her going out of the house, it is not permissible for her to go out. Issue No. 2076- In order for a man or his father to become Mahram with a woman, he (father or a paternal grandfather) can contract the marriage of his minor male child with that woman provided that the period of the marriage is long enough for the boy to be able to derive sexual pleasure from it. He can also contract the marriage of his minor female child with a man to make relatives Mahram to him, provided that in both cases the marriage should, as an obligatory precaution, have some benefits for the couples and should entail no harm or corruption. Issue No. 2077- A man can forgo the period of the temporary marriage and thus terminate it. In this case, if he has had sexual intercourse with her, he should give her all the dower, and if he has not had sexual intercourse, he should pay her half of the dower. Issue No. 2078- A man can contract a permanent marriage with a woman who is in his temporary marriage contract. However, he should exempt the woman of the remaining period of her temporary marriage before he contracts a permanent marriage. Issue No. 2079- Iddah (waiting period) should be observed in temporary

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marriage, after its fixed time duration has come to an end, and the children born from temporary marriage have all the rights of one’s children and inherit from their parents and their relatives, though the couple do not inherit from one another.

Rules Regarding Looking at Non-Mahram▲
Issue No. 2080- It is haraam for men to look at the bodies of the non-Mahram women, regardless of whether it is with the intention of pleasure or not, and it is also the same for women to look at the bodies of non-Mahram men. However, there is no harm for men in looking at the faces and the hands up to the wrists of such women, if it is not with the intention of pleasure and if it does not entail corruption and sin. Similarly, there is no objection to women looking, without the intention of pleasure, at those parts of the bodies of non-Mahram men which are customarily not covered, like, head, face, neck and parts of hands and feet. Issue No. 2081- It is permissible to look at a female child if it is not with the intention of pleasure and if there is no fear of falling into a sin on account of looking at her. However, one should not, as an obligatory precaution, look at places which are customarily covered, like thighs and abdomen. Issue No. 2082- It is obligatory for women to cover their bodies and their hair from non-Mahram men, and the recommended precaution is that they should cover their bodies and hair from a boy who may not have reached the age of puberty but is able to discern between good and evil, and could probably be sexually excited. However, it is not necessary for them to cover their faces and hands up to wrists. Issue No. 2083- It is haraam to look at the private parts of others, though it might be in a mirror or clear water, etc. whether they are Mahram or non-Mahram, men or women; and the obligatory precaution is not to look at the private parts of a discerning child. However, wife and husband can look at the entire body of each other. Issue No. 2084- A man and woman who are Mahram of each other, (e.g. sisters and brothers) can look at each other’s body to that extent that is customary among the Mahrams, and the precaution is not to look at other parts. Issue No. 2085- A man cannot look at another man’s body with the intention of pleasure, and it is also haraam for a woman to look at another woman’s body with the intention of pleasure. Issue No. 2086- It is not haraam for a man to take photos from a non-Mahram woman, unless he is obliged to look at her body, other than her face and hands.

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Issue No. 2087- If a woman abides by the rules of Islamic Hijab (modest dress), there is harm in looking at her picture taken without Hijab, unless one does not know her and it does not lead him to any sinful act by looking at it. Issue No. 2088- If a nurse or a doctor has to touch the private parts of a patient, she/he should put on gloves. Similarly, if a male doctor or nurse has no alternative but to touch the body of a woman, or a female doctor or nurse has no option but to touch the body of a man, they should put on gloves. However, there is no harm in touching the body a person from the opposite sex in emergency cases. Issue No. 2089- It is permissible for a male doctor to look at a non-Mahram woman for treatment if it is necessary. Issue No. 2090- In respect to obligatory Hijab, it is sufficient if a woman covers her body, other than her face, and hands up to the wrists, with anything that she can, and a particular dress is not a condition. However, there is harm in wearing tight, close-fitting and ornamental dresses. Issue No. 2091- It is permissible for a man to look at a woman whom he intends to marry in order to find out about her beauty or her defects. Even if that is not achieved by one glance, he may do so several times in several meetings. Issue No. 2092- There is no problem in hearing a non-Mahram woman’s voice if it is not with the intention of pleasure and if it does not lead to falling into a sin. However, the woman should not make the tone of her voice in a way that would be provocative for others. Issue No. 2093- It is permissible for a man to look at a non-Mahram woman in order to identify her when she is required to testify in a court of law, and such other important and necessary matters.

Miscellaneous Rules Concerning Marriage▲
Issue No. 2094- If the husband makes it a condition of marriage that the woman should be a virgin, and it transpires after marriage that she is not, he can repudiate the marriage. Issue No. 2095- The obligatory precaution is that a man and a woman who are not Mahrams of each other should not gather at a secluded place where there is no other person and none can also arrive. Even if they offer prayers there, there is problem in their prayers. Issue No. 2096- If a man from the beginning intends not to pay the dower, the dower is in order, and the payment of dower is obligatory upon him.

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Issue No. 2097- If a Muslim man who is born from Muslim parents becomes apostate and denies Allah or the Prophet Muhammad (p.b.u.h.), or denies one of the indisputable commandments of Islam, like, prayers and fasting being obligatory, in a manner that its denial results to denial of God or the Prophet (p.b.u.h.), his marriage becomes void, and his wife should separate from him and observe Iddah of Wafat (death). That is, she should observe the waiting period of a woman whose husband has died. Once the Iddah period is over, she can marry another man. If she has reached the age of menopause or has not yet had sexual intercourse with her husband, it is not necessary for her to observe Iddah. Issue No. 2098- If a woman imposes a condition at the time of marriage that her husband will not take her out of a particular town, the husband cannot take her out of that town unless she consents to it. Issue No. 2099- If a man marries his son to a girl, he himself can marry the mother of that girl. Also, if he himself has married the mother of that girl first, he can marry the woman’s daughter from her first husband to his own son. Issue No. 2100- If a woman becomes pregnant as a result of adultery, it is not permissible for her to have an abortion. It will be regarded as her child, except that it will not inherit from her. Issue No. 2101- If a man commits adultery with a woman who has no husband, nor is she in Iddah of anyone, it is permissible for him to marry her later, and if a child is born to them, and they do not know whether the child is the outcome of legitimate relation or illegitimate relation, the child will be considered legitimate. Issue No. 2102- If a woman says that she does not have a husband, her word is acceptable, provided that she is not known to be unreliable, but if she says that she has reached menopause, there is problem in accepting her claim. Issue No. 2103- If a man marries a woman, and someone claims later that she has had a husband, but the woman herself says she has not, and if it is not also proved to be true according to Islamic laws, one should accept her word. However, if a reliable person confirms that she has had a husband, she should, as an obligatory precaution, be divorced. Issue No. 2104- It is recommended that one should expedite the marriage of his daughter, who has reached the age of puberty. And one should do the same with boys who should be helped to marry after they attain the age of puberty. Issue No. 2105- If an illegitimate person marries, and a child is born to him, that child is legitimate.

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Issue No. 2106- If a man has sexual intercourse with his wife during fast in the month of Ramadhan or when she is in her menses, he commits a sin, but if a child is conceived, it is legitimate. Issue No. 2107- If a woman, who is sure that her husband died while on a journey, marries another man after completing the Iddah of death (for the period that will be explained in the rules relating to divorce), and later her first husband returns from journey, she should immediately separate from the second husband and she will be halal for her first husband. However, if the second husband has had sexual intercourse with her, she should observe iddah and the obligatory precaution is that the second husband should give her the agreed dower or the dower equal to that of the women similar to her.

Suckling a Child▲ Suckling a Child▲
Issue No. 2108- If a woman suckles a child with the conditions which will be mentioned in the coming issues, that woman is regarded as its mother, and that man, i.e. the husband of the woman (to whom the milk belongs) is considered as its father. The father of that man is considered its paternal grandfather and his mother is considered as its paternal grandmother, his brother is considered as its paternal uncle, his sister is considered as its paternal aunt, and his children are considered as its brothers and sisters. Similarly, the father of that woman (the one who suckles the child) is considered as the child’s maternal grandfather, her mother is considered as its maternal grandmother, her brother is considered as its maternal uncle and her sister is considered as its maternal aunt. Also, the girl who has been suckled by the woman will be haraam to her husband, provided that that man has had sexual intercourse with that woman. One cannot marry the foster mother (the woman who has suckled) of his wife, because she is considered to be as his mother-in-law. In other words, when a child is suckled with the conditions that will follow, that child will become Mahram to the following: 1- The woman herself (i.e. the woman who suckles the child) and she is called Riza’i mother (foster mother). 2- The husband of the woman who is the owner of the milk; he is called Riza’i father (foster father). 3- Father and mother of that woman and all in their upward line, even if they are her foster father and foster mother. 4- The children born of that woman or those who are born to her later. 5- The children of the children of that woman, however low they may go, regardless of whether they are born of her children or her children had suckled them. 6- The sister and brother of that woman, even if they are her foster sister and

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foster brother. 7- Paternal uncle and paternal aunt of that woman, even if they are her foster uncle and foster aunt. 8- Maternal uncle and maternal aunt of that woman, even if they are her foster uncle and foster aunt . 9- The children of that woman’s husband (to whom milk belongs), however low they may go, even if they may be his foster children. 10- Father and mother of that husband (to whom milk belongs), however high they may go. 11- Sister and brother of the husband (to whom the milk belongs), even if they are his foster sister and foster brother. 12- Paternal uncle, paternal aunt, maternal uncle and maternal aunt of the husband who is the owner of the milk how much so ever above they may go in the line. There are some other persons also (details regarding whom will be given in the following issues) who become Mahram on account of sucking milk.

Rules Regarding Suckling a Child▲
Issue No. 2109- If a woman suckles a breast-feeding child under the conditions that will be explained later, the father of that child cannot marry the daughters of that woman nor, as an obligatory precaution, can he marry the daughter of the man to whom the milk belongs. Rather, the obligatory precaution is that he should not marry the foster daughters of that woman also. However, there is no objection in marrying the foster daughters of that woman from another husband. Issue No. 2110- If a woman suckles a child under the conditions that will come later, the husband of that woman, to whom the milk belongs, does not become Mahram of the sisters of that child, but the recommended precaution is that he should not marry them. Similarly, the relatives of the husband do not become Mahram of the sisters and brothers of the child. Issue No. 2111- If a woman suckles a child, she does not become Mahram of the brothers of the child, and the relatives of that woman also do not become Mahram of the brothers and sisters of the child. Issue No. 2112- A person cannot marry a girl suckled fully by his mother, or grandmother. Moreover, if the wife of one’s father (stepmother) has suckled a child from the milk belonging to his father, he cannot marry that girl. Issue No. 2113- A person becomes Mahram of a girl suckled fully by his sister or his brother’s wife. Hence, therefore, he cannot marry her. Similarly, if a child has been suckled by one’s niece (the daughter of one’s brother, or sister), or the grand daughter of one’s brother or sister, he becomes Mahram of that girl and cannot marry her.

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Issue No. 2114- A woman should not suckle fully her own daughter’s child, as that girl becomes haraam to her own husband. Similarly, a woman should not suckle fully a child that the husband of her daughter has got from another wife. However, there is no objection, if she suckles the child of her son. Issue No. 2115- If the wife of a girl’s father suckles the child of the husband of that girl from the milk belonging to the girl’s father, that girl becomes haraam to her husband, regardless of whether the child belongs to the very girl or to another wife of her husband.

Cases Where Suckling a Child Becomes the Cause of Being Mahram▲
Issue No. 2116- The following are the nine conditions under which suckling a child becomes the cause of being Mahram: 1- The milk should be due to giving birth to a child. Hence, if the breast of woman gets milk without having given birth to a child, and a child sucks it, it does not become the cause of being Mahram. 2- The child should suck the milk of a woman who is alive. Hence, it is of no consequence milk is meted from the breast of a woman who is dead. 3- The milk of the woman should not be the product of haraam act. Therefore, if the milk of an illegitimate child is given to another child, the latter will not become the Mahram of anyone. 4- The child should suck the breast, however, if the milk is poured into the throat of the baby, as an obligatory precaution, he should not marry that woman and those who are her Mahram. 5- The milk should not be mixed with any other thing. 6- The milk should be from one husband. Hence, if a woman, who is still in a position to suckle a child, is divorced and marries another man and becomes pregnant and the milk of the first husband still remains in her body till she is delivered of the child and she feeds another child eight times with the milk of her first husband before giving birth to her own child and feeds the same child seven times with the milk of her second husband that child will not become the Mahram of anyone. Similarly, if a woman breastfeeds a child fully from the milk of the first husband and then breast feeds another child from the milk of the second husband, those two children will not become Mahram of each other. 7- The child does not vomit the milk on account of illness. And if the child vomits the milk, the obligatory precaution is that the persons who are to become his Mahram on account of suckling of milk, should not marry him and should not look at him as a Mahram. 8- The child should suckle fifteen times to its fill, or for one full day and night as will be explained in the next issue, or the suckling should be of such quantity that it could be said that the bones of the child were strengthened and the flesh allowed to grow. And the recommended precaution is that if a child is suckled ten times, those who become Mahram with the child owing to the suckling

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should not marry the child and should not look at him/her as a Mahram. 9- The child should not have completed two years of age. Hence, if after the child has completed two years of age, is suckled, the child does not become Mahram of anyone. And even if, for example, he sucks milk (fourteen times before completing his two years of his age and sucks it one time after completing his two years he does not, even then, become the Mahram of anyone. However, if from the time the woman gave birth to her child two years has passed and her milk continues and she breast feeds a child, the obligatory precaution is that that child should not marry those women who become his Mahram due to suckling and should not look at them as Mahram. Issue No. 2117- As it was said in the previous issue if a child is breastfed by a woman for one day and night, the suckling becomes the cause of being Mahram. In order to become Mahram by sucking milk it is necessary that the child does not take any food during one day and night and does not also suck the milk of any other woman. However, if he takes so little food that people do not say that he has taken food in between, there is no harm in it. Moreover, he should suck the milk of one woman fifteen times and during these fifteen times he should not suck the milk of any other woman, and each time it should suck milk to its fill. Hence, as a measure of precaution, two times suckling which is incomplete, will be counted neither as two times suckling nor as one time suckling. Issue No. 2118- If a woman suckles several children from the milk of one husband, all of them will be Mahram to one another, and to the woman who has suckled them as well as to her husband. Issue No. 2119- If a woman suckles a baby boy and a baby girl fully from one husband, they become Mahram of each other, but their sister and brother won’t become Mahram of each other. Issue No. 2120- A man cannot marry, without the permission of his wife, his wife’s foster nieces, and also the obligatory precaution is that if (God forbid) a person commits sodomy with a boy, he should not marry the daughter and sister of the boy’s foster mother. Issue No. 2121- A woman who suckles the brother of a person does not become Mahram of that person, although the recommended precaution is that he should not marry her. Issue No. 2122- A man cannot marry two sisters although they may be foster (i.e. may have become sisters of each other by means of sucking milk). And if he marries two women and understands later that they are sisters, the first marriage will be valid, and the second one will be void, and if he married them at one and the same time, both the marriages will be void.

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Issue No. 2123- If a woman suckles the following persons from her husband’s milk, her husband does not become haraam for her, although it is better for her not to do so. 1- Her own brother and sister. 2- Her own paternal uncle and aunt, and maternal uncle and aunt. 3-The children of her paternal and maternal uncles 4- Her own nephew (brother’s son). 5- Brother or sister of her husband. 6- Children of her own sister or children of her husband’s sister. 7- The paternal and maternal uncles or aunts of her husband. 8- The grandchildren of another wife of her husband. Issue No. 2124- If a woman suckles the paternal aunt's daughter or maternal aunt's daughter of a man she (the woman who suckles) does not become Mahram of that man. However, the recommended precaution is that he should refrain from marrying that woman. Issue No. 2125- If a man who has two wives and one of the them suckles the child of the paternal uncle of the other wife, the wife who suckled does not become haraam for her husband.

Ways and Manners of Breastfeeding a Child▲
Issue No. 2126- There is no one better and worthier than a child’s mother to suckle him, and it is better that she does not claim any recompense from her husband for suckling the child. However, she is entitled to do so, and if the mother demands more recompense as compared with a wet nurse, her husband can entrust his child to the wet nurse. Issue No. 2127- It has been narrated from the Ma’sumeen (the Infallibles) that the wet-nurse chosen for rendering services to a child should be sane, wise, faithful, chaste and good looking, and she should not be unwise, or unfaithful, ugly, or ill-tempered or illegitimate. One should also avoid entrusting a child with a wet-nurse who has given birth to an illegitimate child. Miscellaneous Rules Regarding Nursing a Child Issue No. 2128- It is recommended that a woman avoids suckling any and every child, because it is possible that she may forget as to which of them she has suckled, and later the two persons, who are Mahram to each other, may contract marriage. There is little need to suckle other children especially at the present time when dried milk (milk powder), etc. is available. Issue No. 2129- It is recommended that people who become relatives by way of suckling respect one another. However, they do not inherit from one another

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and do not enjoy the rights which relatives enjoy over one another. Issue No. 2130- It is recommended that if it is possible the child should be breastfed for two full years. Issue No. 2131- If the right of the husband is not in any way violated by suckling, a wife may suckle the child of another person without the permission of her husband. However, it is not permissible that she should suckle a child owing to whose suckling she becomes haraam for her. Issue No. 2132- If a person wants that his sister-in-law (his brother’s wife) may become his Mahram, he can contract a temporary marriage with a suckling girl with the permission of her guardian and at the same time his sister-in-law should breastfeed her fully. And as an obligatory precaution, the period of the temporary marriage should be long enough to make deriving sexual pleasure possible from the girl, and that such a marriage should also be in the interest of the girl. After the completion of suckling, he can forgo with the remaining period of the temporary marriage. Issue No. 2133- Suckling a child which becomes the cause of being Mahram can be established by the following two ways: 1- Information in this behalf by a number of persons whose word is reliable. 2- When two just men or four just women testify to this fact. Rather, the obligatory precaution is that, if one just man and one just woman testify, it will be sufficient. However, the witnesses should be able to tell the conditions of suckling. For example, they should say that they had witnessed that, for example, that child was suckled fully for fifteen times with the conditions that were mentioned in Issue No. 2116. And if we know that they know all those conditions and they agree with each other, then it will not be necessary for them to explain them. Issue No. 2134- If it is doubted whether or not a child has sucked the quantity of milk which becomes the cause of becoming Mahram, the child does not become Mahram, and one should become sure of it.

Divorce▲ Conditions for Divorce▲
Issue No. 2135- A man who divorces his wife must be sane, and as an obligatory precaution, must also be adult, and he should divorce her of his own free will. Hence, if someone compels him to divorce his wife, the divorce will be void. It is also necessary that he seriously intends to divorce. If, therefore, he pronounces the formula of divorce jokingly, the divorce will not be valid.

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Issue No. 2136- Based on obligatory precaution, the formula for divorce should be pronounced in correct Arabic, and it is obligatory that two just men hear it. If the husband himself wishes to pronounce the formula for divorce, and his wife’s name is, for example, Fatima, he should say, “Zawjati Fatima taliq” (i.e. my wife Fatima is divorced), and if he appoints another person as his representative to pronounce the formula of divorce, the representative should say, “Zawjatu muwakkili Fatima taliq” (Fatima, the wife of my client is divorced). Issue No. 2137- It is necessary that at the time of divorce, the woman is pure from Hayz (menstrual blood) and Nifas (lochia), and that the husband should not have had sexual intercourse with her during that period of purity, and if he had sexual intercourse with her wife while she was in Hayz or Nifas preceded by purity, the divorce is not sufficient as a measure of precaution, rather she should enter Hayz once again and become pure, and then she can be divorced.( The details of these two conditions will be given in the succeeding issues). Issue No. 2138- It is valid to divorce a woman even if she is in Hayz or Nifas in the following three circumstances: 1- If the husband has not had sexual intercourse with her at all after marriage. 2- If it is known that she is pregnant. 3- If the wife is absent, and the husband is unable or it is difficult for him to ascertain whether or not she is pure from Hayz or Nifas. Issue No. 2139- If a man thinks that his wife is pure from Hayz and divorces her, but it transpires later that at the time of divorce she was in the state of Hayz, the divorce is void. On the contrary, if he knows that she is in the state of Hayz and divorces her, and it transpires later that at the time of divorce she was not in the state of Hayz, the divorce is valid. Issue No. 2140- If a person, who knows that his wife is in the state of Hayz or Nifas, disappears for example if he proceeds on a journey and wishes to divorce her, he should wait till such time when she usually becomes pure from Hayz and Nifas. Issue No. 2141- If a person has had sexual intercourse with his wife and wishes to divorce her, he should wait till she has menstrual discharge again and is purified. However, if she is pregnant, he can divorce her immediately after having had sexual intercourse. The same rule applies if the woman is menopause, i.e. she is over 50 years old. Issue No. 2142- If a person has sexual intercourse with his wife who is pure from Hayz or Nifas, and then goes on a trip, and wishes to divorce her, but has no way of finding out whether she is pure or not, he should, as an obligatory precaution, wait for one month before he divorces her.

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Issue No. 2143- If a man wishes to divorce his wife who does not get monthly period due to illness, etc., he should refrain from having sexual intercourse with her for three months from the time he has had the last intercourse and then divorce her. Issue No. 2144- There is no question of divorce in the case of a woman with whom fixed time marriage is contracted. Therefore, as soon as the period of the marriage expires or the man forgoes with the period of the marriage, the woman is divorced and it is not necessary for her to be pure from Hayz or to have witnesses.

Iddah of Divorce▲
Issue No. 2145- It is necessary for a woman who has been divorced to observe Iddah (waiting period). However, if the husband has not had sexual intercourse with her at all, or she is under nine years of age or if she is in menopause ( i.e. she is 50 years old), Iddah is not necessary. In these three cases, a woman can get married immediately after divorce. Issue No. 2146- The Iddah for women who have monthly period is that they should, as a precaution, wait till they see Hayz twice and become pure. Thereafter, as soon as she has menses for the third time her waiting period comes to an end. Issue No. 2147- If a woman, who does not have menstrual discharge, is of the age of women who have menstrual discharge, and her husband divorces her after sexual intercourse, she should observe Iddah for three months after divorce. That is to say, if it is the first day of the lunar month, she should observe Iddah for three lunar months, and if it is on any other day of the month, e.g. the 5th or the 10th, then when it is the 5th or the 10th day of the 4th month, her Iddah will be over. For example, if she is divorced on the 5th day of the month of Rajab, her waiting period will be over on the 5th day of the month of Shawwal. Issue No. 2148- If a pregnant woman is divorced, her Iddah will last till the birth or miscarriage of the child. Hence, if, for example, she gives birth to a child one hour after being divorced, her iddah comes to an end. Issue No. 2149- Iddah of women who contract temporary marriage and who see Hayz blood is two complete menstrual periods after the expiry of the period of the marriage, and if a woman does not see Hayz blood, she must observe forty five complete days as her Iddah period. Issue No. 2150- The time of the Iddah of divorce commences when the formula of divorce is pronounced, irrespective of whether the wife knows about it or

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not. Even if after the period of Iddah is over, she comes to know that she had been divorced, it will not be necessary for her to observe Iddah again.

Iddah of a Widow▲
Issue No. 2151- A woman whose husband has died, should observe Iddah for 4 months and 10 days, irrespective of whether the marriage is permanent or temporary, or her husband has had sexual intercourse with her or not. In case, however, a woman is pregnant she should observe the waiting period till the birth of the child. But if the child is born before the expiry of four months and ten days from the death of her husband she should wait till the expiry of that period. Issue No. 2152- A woman who is observing Iddah of death should refrain from wearing ornamental dress, or using eyeliners (or surma) and doing any act which is considered to be an adornment. Issue No. 2153- If a woman becomes certain that her husband has died, and marries another man after completion of Iddah of death, and later on learns that her husband had died later, she should separate from her second husband. And the obligatory precaution is that if she is pregnant, she should observe Iddah of divorce for the second husband for the period which was said about the Iddah of divorce, and thereafter she should observe Iddah of death for 4 months and 10 days for the first husband, and if she is not pregnant, she should observe Iddah of death for the first husband and then observe Iddah of divorce for the second husband. Issue No. 2154- If the husband of a woman has disappeared the Iddah of death commences from the time the woman receives information about his death. Issue No. 2155- If a woman says that her Iddah is over, her word can be accepted, if she is not liable to accusation. Rather, the obligatory precaution is that she should be reliable.

Irrevocable and Revocable Divorce▲
Issue No. 2156- Divorces are of two kinds: irrevocable divorce and revocable divorce. Irrevocable divorce means that after the divorce, the husband is not entitled to take back her wife, that is, he is not entitled to rejoin his wife without marriage. This divorce is of five kinds, namely: (i) The divorce of a woman who has not completed nine years of her age. (ii) The divorce of a woman who is in menopause, i.e. a woman who is over 50 of her age. (iii) The divorce of a woman whose husband has not had sexual intercourse

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with her after their marriage. (iv) The third divorce of a woman who has been divorced three times. (v) The divorce called Khula’ and Mubarat which will be explained later. Divorces other than these are revocable in the sense that as long as the wife is observing Iddah her husband can rejoin her.

(’Orders Regarding Return (Ruju▲
Issue No. 2157- If a man has given revocable divorce to his wife, he cannot expel her out of the house in which she was residing at the time of divorce, except in certain cases, details of which have been explained in lengthy books of jurisprudence). It is also haraam for the wife to go out of that house for an unnecessary task. Issue No. 2158- In the case of a revocable divorce a man can rejoin his wife without having to recite the formula of marriage contract, and return is of two kinds: (i) By telling her words which would mean that he has accepted her again as his wife. (ii) By acting in a manner which would convey his intention to rejoin her. Issue No. 2159- It is not necessary for 'Reunion' that the man should call any person to witness or should inform his wife. If he says, “I have rejoined my wife”, the Ruju’ is in order, even if no one comes to know about it. Issue No. 2160- If a person takes some property from his wife, making a compromise to the effect that he will not return to her, or that he would not be entitled to return to her, yet the right to return is not forfeited. Issue No. 2161- If a person divorces his wife twice and returns to her by marriage, or returns to her within Iddah, (and if, as an obligatory precaution, each time he has sexual intercourse with her, and after she sees Hayz and becomes pure he divorces her), she becomes haraam for him after the third divorce. She will become halal for him if, after she has observed the waiting period, she contracts permanent marriage with another man and has sexual intercourse with him and then gets divorced from him and then observes Iddah.

’Khula’ Divorce or Talaqul Khula ▲
Issue No. 2162- A woman who develops an aversion from husband and is not willing to live with him and there is fear that the continuation of their marriage life would lead to committing sin, can surrender to him her dower or other property so that her husband may divorce her. This divorce is called ‘Khula’ divorce’.

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Issue No. 2163- The obligatory precaution is that the formula of Khula’ divorce should be as follows: If the husband himself wishes to pronounce the formula of Khula’ divorce and his wife’s name is, say, Fatima, he should say after receiving the property, Zawjati Fatimatu Khala’tuha ‘ala ma bazalat, hiya taliq, i.e. “I have given Khula’ divorce to my wife Fatima in lieu of what she has given me, and she is free”. And if his representative wants to pronounce the formula, as an obligatory precaution, a person should be appointed by the woman on her behalf as her representative and another one on behalf of the man. If the husband’s name is, say, Muhammad and the wife’s name is Fatima, the woman’s representative should say, ‘An muwakkilati Fatima bazalat mahraha li muwakkileka Muhammad li yakhla’aha ‘alayh, then the man’s representative should say at once, Zawjatu muwakkili khal’tuha ‘ala ma bazalat, hiya taliq. (And if the wife gives something other than dower to her husband, the name of the same thing should be mentioned at the time of pronouncing the formula).

Mubarat Divorce▲
Issue No. 2164- If the husband and the wife develop mutual aversion, and the wife gives her dower or some other property to the man so that he may divorce her, this divorce is called ‘Mubarat’. Issue No. 2165- The obligatory precaution is that the formula of Mubarat divorce should be pronounced as follows: If the husband himself pronounces the formula and his wife’s name is, say, Fatima, he should say, Bara’tu zawjati Fatima ‘ala ma bazalat, hiya taliq, (i.e. My wife Fatima and I separate from each other in consideration of what she has given me, hence, she is free). (And if she gives something other than dower, the name of that thing should be mentioned). And if the man’s representative wants to pronounce the formula, he should say, Bara’tu zawjata muwakkili Fatima ‘ala ma bazalat, hiya taliq. Of course, the wife should have already given her dower or something less than that to her husband for the divorce. Issue No. 2166- It is obligatory precaution that the formula of Khula’ or Mubarat divorce should be pronounced in correct Arabic. However, if in order to give her property to her husband the woman says in English: "I give you such and such property in lieu of divorce" it is sufficient. Issue No. 2167- During the waiting period of Khula’ or Mubarat divorce, the wife can change her mind and take her property back, and if she does so, the husband can ‘return’ to her and take her back as his wife without a marriage contract. Issue No. 2168- The property which the husband takes in Mubarat divorce should not exceed the dower of the wife. In the case of Khula' divorce,

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however, there is no harm if it exceeds her dower.

Various Rules Regarding Divorce▲
Issue No. 2169- If a man had sexual intercourse with a non-Mahram woman under the impression that she is his wife, the woman should observe Iddah (Iddah of divorce), irrespective of whether she knew that the man was not her husband or thought that perhaps he was her husband. And if the man knows that that woman is not his wife, but the woman considers him as her husband, in this case too, she should observe Iddah, as an obligatory precaution. Issue No. 2170- If a man seduces a woman so that she may take divorce from her husband and then marry him, the divorce and the marriage are in order, but both of them have committed a major sin. (Of course, this is in the case that he had not previously committed adultery with her, otherwise she would be haraam for him). Issue No. 2171- If a woman lays a condition at the time of Nikah that if her husband, for instance, goes on a journey or gets addicted to drugs or does not give her maintenance, she will have the right of divorce, this condition is void. However, if she lays a condition that if her husband goes on a journey or gets addicted to drugs or does not give her maintenance, she will be his Wakil (representative) for her own divorce, this Wakalat (agency) is in order, and she is entitled to divorce herself. Issue No. 2172- If the husband of a woman disappears and his whereabouts is not known and does not know whether or not he is alive, and she wishes to get divorce to marry another man, she should approach a just Mujtahid and act according to order prescribed for her in the Islamic Shari’ah. Issue No. 2173- The father and the paternal grandfather of an insane person can divorce his wife if it is in his interest, but if the guardian of a child has contracted a permanent marriage between him and a woman, he cannot, as an obligatory precaution, divorce her. However, if he has contracted a temporary marriage for him, he can exempt the woman from the remaining period provided that it is in his best interest. Issue No. 2174- If a man considers two persons to be just and divorces his wife in their presence, another person who does not consider those two persons to be just, cannot, as an obligatory precaution, marry that woman or give her in marriage to another person. However, there is no objection if he doubts about their being just.

(Rules Regarding Ghasb (Usurpation▲

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Issue No. 2175- Usurpation means that a person unjustly seizes the property or the right of another person. This is one of the major sins and one who commits it will be subjected to severe chastisement on the Day of Judgment, and painful consequences in this world. It has been reported from the Holy Prophet (pbuh) that “whoever usurps one span of another’s land, seven layers of that land will be put round his neck like a yoke on the Day of Judgment”. Issue No. 2176- If a person does not allow the people to benefit from a mosque, a school, a bridge and other places which have been constructed for the use of the public, he usurps their right. The position is the same, if a person reserves a place in the mosque or such other places for himself and another person occupies his place and does not allow him to use it. Issue No. 2177- Seizing the properties of the Public Treasury of Muslims without having a right over it, is also usurpation and is subjected to all the rules of usurpation involving greater responsibility in some aspects.

Rules Regarding Usurpation▲
Issue No. 2178- If a third person usurps the property which has been mortgaged to a person the owner of the property as well as the creditor can demand from him the thing usurped by him. And if that thing perishes and its substitute is taken that substitute also becomes mortgaged like the original thing itself. Issue No. 2179- It is obligatory for a usurper to return the property that he has usurped to his owner as soon as possible, and the more he delays in returning the usurped object, the more sins will be recorded for him, and if it perishes he should give him its substitute. Issue No. 2180- If some benefit is accrued from a thing which has been usurped, for example, if a lamb is born of a sheep which has been usurped or fruit is obtained from an orchard which has been usurped, they all belong to the owner of the property, though the usurper may have spent time or his energy, etc. on it. Moreover, if a person usurps a house and though he has not used it, he should pay its rent at the normal rate for the period it has been in his hand. The position is the same, if he usurps other properties such as cars, etc. Issue No. 2181- If a person usurps something belonging to a child or an insane person, he should return it to his guardian, and if he gives it to the child or to the insane person and it is lost or damaged, he is responsible. Issue No. 2182- When two or more persons usurp a property jointly, each of them will be responsible for a part of it, (if they are two, each of them will be responsible for half of it, and if they are three, each of them will be responsible

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for one-third of it), though one of them alone might have been able to usurp it. Issue No. 2183- If a usurped thing is mixed with another thing, and if it is possible to separate them, he should separate them though it may involve hardship to him, and should return the usurped thing to its owner. And if he has placed it in a far away place, all the expenses of transferring that property to its owner should be borne by the usurper. Issue No. 2184- If a person impairs or ruins a utensil or any other thing which he has usurped, he should return it to its owner with the difference between the value before and after impairing it. And if with the aim of not paying the difference, he says that he is ready to make it like the original one, the owner is not obliged to accept the offer. And, also, the owner cannot compel him to make it like the original one; he can only demand the difference between the value. Issue No. 2185- If a person changes a property that he has usurped into something better than before, for example, if he makes an earring or a necklace from the gold usurped by him, and the owner asks him to give it to him in the same (i.e. changed) form, he should give him in that form. He cannot claim any charges from the owner for his labour and cannot even change it to its original form without the permission of the owner, and if he does so, he should, as an obligatory precaution, pay the difference in the value. Issue No. 2186- If a person changes the thing usurped by him in such a way that it becomes better than its original form, but its owner asks him, for some reasons, to change it back to its original condition, it will be obligatory on him to do so. And if on account of the change, its value decreases, he should pay the difference in the value to the owner. Issue No. 2187- If a person usurps a piece of land and cultivates or plants trees in it, the produce of farming and the trees and their fruits are his own property. However, he should pay rent to the owner of the land for the period that the crop and the trees remained on his land. If the owner of the land is not agreeable to the crops and the trees remaining on his land, the usurper of the land should pull them out immediately even if he may suffer loss for that and should also make up for the damage done to the land. Moreover, he cannot compel the owner of the land to sell it or lease it out to him, and the owner of the land too cannot compel him to sell the trees or crops to him. Issue No. 2188- If a thing usurped by a person perishes, and if it is among the things whose likeness or resemblance is usually rare, like, some animals and some hand-woven carpets, then he should pay its value, but if its market value has undergone a change, he should give the value of the day he usurped it. However, if the usurped thing is among the things, like wheat, barley, machine

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carpets, various kinds of fabrics and utensils which are mass produced and their likes are available usually in abundance, then, he should give back the like of what he has usurped, but its qualification and characteristics should be the same as those of the usurped one. Issue No. 2189- If a person usurps an animal like sheep but during the time it was with him, it has, for example, become fat, the usurper should pay the price which it would have fetched when it was fat. Issue No. 2190- If the property usurped by a person is usurped from him by another person and it perishes, the precaution is that the owner of the property can claim its compensation from any one of them and he (either of the usurper) should give it to him. Issue No. 2191- If an invalid transaction takes place, for example, a commodity that should be purchased and sold by weight is sold without being weighed, neither the purchaser becomes the owner of the commodity, nor will the seller become the owner of the value. However, if both the seller and the buyer accept the deal irrespective of the mode of the transaction, there is no harm in it otherwise the things taken by them from each other are like usurped property and should be returned by them to each other. And if the property of each of them perishes while in the custody of the other, he should pay compensation for it regardless of whether or not he knows that the transaction was void. Issue No. 2192- If a person takes something from a seller to see and check it so that he may purchase it if he likes it, and if that property perishes, as an obligatory precaution, he should pay compensation for it to its owner.

Lost-and-Found Properties▲ Rules of the Lost-and-Found Properties▲
Issue No. 2193- If one finds a lost property which does not bear any sign, by means of which it may be possible to locate its owner (e.g. a £50.00 note or a gold coin), the obligatory precaution is that it should be given as Sadaqa on behalf of its owner, and if he himself is entitled to it, he can keep it for himself. And if it is an important property, the precaution is that he should get the Mujtahid’s permission. Issue No. 2194- If a person finds a property which bears a sign but its value is less than a dirham (equal to 12.6 chickpeas of coined silver) and its owner is known, he cannot pick it up without the permission of its owner. And if its owner is not known the person who finds it can pick it up for his own use as if it is his own property. And if it perishes, it is not necessary to compensate for it.

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Rather, if he has not intended to own it and it perishes without his fault, it is not obligatory to give its substitute. Issue No. 2195- As an obligatory precaution, if one finds, in the Haram of Makkah, a property whose value is a dirham or more, he should not pick it up. Issue No. 2196- If a person finds a property which bears a sign and its value is a dirham or more, it is obligatory upon him to make an announcement about it at the place of gathering of the people for one year, and if he announces it every day for a week from the day he found it, and then announces once a week till the end of the year, it will be sufficient, irrespective of whether the found property belongs to a Muslim or a non-Muslim under the protection of Muslims. Issue No. 2197- If, instead of announcing verbally, he makes a written announcement at places where people come and go, and the people there are mostly literate or the literate read the announcement to the illiterate, and if it remains there for a year, it will be sufficient. Issue No. 2198- If, before the year comes to an end, a person loses all hope of finding the owner of the lost property which he has found or he has no hope of finding the owner from the beginning, he should, as an obligatory precaution, give that property on behalf of its original owner to the poor. Issue No. 2199- If a place is allocated to the lost property in one of the Holy Harams or Mosques and if people know that they should refer to that place for their lost property and if the people in charge of that place are reliable, it is sufficient to deliver the lost property to that place. And the persons in charge of that place should keep it for one year and if its owner does not turn up, they should act according to the next issue. If in some cities such a place has been allocated for the lost property and people are aware of it, it will not be necessary to make announcement about the lost property which is submitted to that place. Issue No. 2200- If it is announced for a year or it is kept in the place for lost properties and the owner does not turn up, he (the person who has found the property) should act as follows: 1- Keep it for himself with the intention that whenever its owner turns up he may give it to him, or give its substitute, if the same property is no longer available. 2- Keep it for the owner as a trust (amanat). 3- Give it as alms in the way of Allah on behalf of its owner. 4- Give it to the Mujtahid. And the recommended precaution is to give it as alms or to hand it over to the Mujtahid. Issue No. 2201- If after making announcement for one year, the owner of the

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property does not turn up and he keeps it in trust for its owner and it perishes, he will not be responsible for the loss if he has not been negligent or extravagant in looking after it. And if he gives it as alms on behalf of the owner and if the owner turns up and does not endorse the giving of alms, he should give its replacement. Issue No. 2202- If a child who is not adult finds a property, his guardian should, as an obligatory precaution, make an announcement and if its owner does not turn up after having announced for a year, he should act according to one of the four rules mentioned before considering the child’s interest. Issue No. 2203- If during the year in which a person has been making an announcement (about the lost property which had been found), the property perishes, he is not responsible, unless he has been negligent or extravagant in looking after it. Issue No. 2204- If a person finds a property and picks it up under the impression that it is his own property, but learns later that it is not his, he cannot leave it there. In fact, he should act according to the foregoing rule and make an announcement for a year. And if he moves it with his own foot, it does not have the aforesaid rule, though there is harm in this act. Issue No. 2205- The announcement for the lost article should be made in such a way that its signs do not become clear, and if a person comes forward and claims that it is his property and also mentions certain marks of identification by which he may become sure that it belongs to him, it should be given to him. However, it is not necessary to mention the marks of which mostly even the owners do not take notice. Issue No. 2206- If the value of a property one finds is one dirham or more, and if he does not make an announcement about it, but leaves it in the mosque or at places of public gathering, and it is lost or somebody picks it up, the person who found it at the beginning will be responsible. Issue No. 2207- If a person finds a thing which would decay if allowed to remain as it is, he should keep it as long as it does not decay, then he should fix its value and consume it himself or else he should sell it and keep the money with him. And if its owner is not found, he should give it as alms on his behalf, and if he has access to a Mujtahid, he should, as a recommended precaution, get his permission. Issue No. 2208- If the thing one has found is with him at the time of performing Wudhu and offering prayers, there is no harm in it if his intention is to look after it in this way so that he could act about it in accordance with Shari’a (Islamic law).

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Issue No. 2209- If a pair of shoes of a person is taken away and is replaced by another pair of shoes and the person who has lost his shoes knows that the shoes left behind belong to the person who has taken his shoes and this has been done intentionally and he has no access to that person, he can take the shoes left behind for himself, and if he has access to the Mujtahid, he should get his permission. And if the value of the shoes left behind is more than that of his own shoes, he should give the difference of the price to the owner of the shoes, and if he has no hope of finding that person, he should give it as alms on his behalf. However, if he is certain or considers it probable that the shoes left do not belong to the person who has taken his shoes, and if he has no hope in finding the owner, he should give the shoes as alms to an indigent person. Issue No. 2210- If the property one has found is worth less than one dirham, he should place it in the mosque or some other place, and relinquish it. If another person picks it up, it will be halal for him. Issue No. 2211- In cases that a lost property is given as alms on behalf of its owner, it can be given to a Sayyed or non-Sayyed, or if the finder himself is needy and poor, he can pick it.

Slaughtering and Hunting of Animals▲ Slaughtering and Hunting of Animals▲
Issue No. 2212- If an animal whose meat is halal to eat, is slaughtered in the manner which will be described later, irrespective of whether it be a wild animal or a domestic one, its meat becomes halal to eat. However, if a man has sexual intercourse with an animal, its meat and even the meat of its baby become haraam. Also, an animal which has habituated itself to eating impurities and its confining (Istabra) has not been performed in accordance with the rules prescribed by law, it is not permissible to eat the meat of such an animal after its being slaughtered. Issue No. 2213- If a wild animal like deer, wild goat and partridge, etc. whose meat is halal to eat and an animal whose meat is lawful to eat, and which was a domestic one and became wild later (e.g. a cow or a camel which runs away and becomes wild) is hunted in accordance with the orders which will be narrated later, it is pure and lawful to eat. However, a domestic animal whose meat is halal to eat or a tamed wild animal whose meat is halal to eat does not become halal by hunting.

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Rules Regarding Slaughtering and Hunting of Animals▲
Issue No. 2214- A wild animal whose meat is halal to eat becomes halal to eat by hunting if it is capable of running away or flying away. Hence, the young of a deer or a partridge which cannot escape, will not become halal by hunting. Issue No. 2215- If an animal like fish, whose meat is halal to eat and whose blood does not gush, dies by itself in the water, it is pure but its meat is haraam. Issue No. 2216- The dead body of an animal whose meat is haraam to eat, and whose blood does not gush, like a snake, is pure but does not become halal by slaughtering. Issue No. 2217- Dogs and pigs do not become pure by slaughtering and hunting and their meat is also haraam. And if a flesh-eating animal like wolf and leopard is slaughtered in the manner which will be mentioned later, or is hunted by means of bullet etc., it is pure, but its meat does not become halal. The position is the same, if it is hunted down by a hunting dog. Issue No. 2218- If elephant, bear, monkey, rat and animals like lizard which live underground have gushing blood and die a natural death, they are impure. In case, however, they are slaughtered or hunted, they are pure. Issue No. 2219- If a dead young is born from the body of a living animal or is brought out of it, its meat is haraam.

Method of Slaughtering Animals▲
Issue No. 2220- To slaughter an animal, it will be sufficient if the throat and the two main arteries (jugular artery and jugular vein) of the neck are completely cut. However, the recommended precaution is that the four main arteries of the neck, that is, the jugular artery, the jugular vein, in addition to the throat and the gullet are cut from below the raised part of the throat. Issue No. 2221- If a person cuts some of the four arteries and waits till the animal dies and then cuts the remaining arteries, it will be of no use. In fact, if he does not wait till the animal dies, but does not cut the arteries continuously as it is usually cut, although the animal may still be alive, there is harm in it. Issue No. 2222- If a wolf tears the throat of a sheep in such a way that nothing remains out of the four arteries in its neck which should be cut while it is slaughtered, the sheep becomes haraam. However, if the arteries are untouched, and the sheep is still alive and it is slaughtered in accordance with the rule which was said, it will be halal.

Conditions of Slaughtering Animals▲

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Issue No. 2223- There are five conditions for the proper slaughtering of an animal. They are as follows: 1- The slaughterer must be a Muslim, as an obligatory precaution. The Nawasib who are the enemies of Ahlul Bait (a.s.) [the Household of Prophet Muhammad, pbuh] are classified as Kafir (infidel). 2- The animal should be slaughtered with a sharp implement made of iron. However, if it is necessary to slaughter the animal but an implement made of iron is not available or if they do not slaughter the animal, it will die and there is no access to iron, it can be slaughtered with any sharp object which can cut the arteries, like, glass, stone, wood, etc. 3- When an animal is slaughtered, the front part of its body should be facing Qibla, and if a person intentionally does not make it lie in that posture, the animal would become haraam. However, if he forgets or does not know the rule or makes a mistake in ascertaining the Qibla and slaughters the animal in a direction other than the Qibla, it will not be haraam. 4- When slaughtering an animal, a person should utter the name of Allah, and it suffices if he says, “Bismillah” only, or if he utters “Subhanallah”, or “la ilaha il-lallah”. It is also permissible to say it in any language. However, it will not be sufficient if he utters the name of Allah without the intention of slaughtering the animal. And if he did not utter the name of Allah forgetfully, there is no objection. 5- The animal should move after being slaughtered and it suffices if it moves its eyes or tail or strikes its foot on the ground. This order applies only when it is doubtful whether or not the animal was alive at the time of being slaughtered. And it is an obligatory precaution that the blood should flow out in normal quantity from the slaughtered animal. Issue No. 2224- The person who slaughters an animal can be a man or a woman, or even a child who is not adult and who knows the rules of slaughtering. However, as long as there is access to men, it would be better to exempt women and children of such tasks. Issue No. 2225- Slaughtering animals by machinery equipments in which the aforementioned conditions are observed, is permissible. Issue No. 2226- If several chickens or animals are being slaughtered at the same time, uttering one “Bismillah” will be sufficient for all of them. The position is the same and uttering one “Bismillah” will be sufficient, if a great number of animals are slaughtered by machinery equipments at the same time (provided that other conditions of slaughtering are met). And if the machine is in continuous operation, the name of Allah should, as a measure of precaution, be repeated continuously.

Method of Slaughtering Camels▲

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Issue No. 2227- In order to slaughter a camel, while following the above five mentioned conditions for slaughtering, one should thrust a knife or any other sharp implement made of iron into the hollow below its neck. And according to some narrations, it is better to thrust a knife in the neck of the camel when it is standing. But, there is no harm either, if they thrust the knife into the hollow of its neck while it has knelt down or is lying on its side with its face towards Qibla. Issue No. 2228- If a camel’s head is cut instead of thrusting a knife into the depth of its neck or if a knife is thrust into the depth of the neck of a sheep or a cow as is done in the case of a camel, their meat will not be halal. However, if the animal is still alive after this act and it is immediately slaughtered according to the Islamic laws, its meat will be halal. Issue No. 2229- If an animal becomes unruly, and one cannot slaughter it in the manner prescribed by Shari’ah or if it falls down into a well and one feels that it will die there and it will not be possible to slaughter it according to Shari’ah, one should inflict a severe wound on any part of its body with a sharp implement, like a knife, so that it dies as a result of that wound. It is halal and it will not be necessary that it should be facing Qibla at that time, but it should fulfil all other conditions mentioned above regarding slaughtering of animals.

Mustahab and Makrooh Acts While Slaughtering Animals▲
Issue No. 2230- According to some narrations, there are certain recommended acts for slaughtering animals: 1- While slaughtering a sheep, its hands and feet should be left free. As for a cow, its hands and feet should be tied, and in the case of a camel, its two hands should be tied with each other from below up to its knees, or below its armpits, and its feet should be left free. As for a chicken, it should be left free after being slaughtered so that it may flap its wings and feathers. 2- The person slaughtering the animal should face Qibla. 3- Water should be placed before an animal before slaughtering it. 4- The animal should be slaughtered in such a way that it should suffer the least, for example, it should be swiftly slaughtered. Issue No. 2231- It is a recommended precaution that the head of the animal should not be severed from its body before it has died. Therefore, if there are equipments for slaughtering animals which completely severe the head of the animal, it would be better that they be made not to cut the head completely. However, if they do cut the head, the animal does not become haraam. In any case, all the conditions prescribed for slaughtering, should be observed in slaughtering with machinery equipments. It is also a recommended precaution that the spinal cord of the animal which is in the middle of the vertebral

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column, should not be cut before the animal dies, nor should the animal be skinned before it dies. Issue No. 2232- According to some narrations, there are certain Makrooh (abominable) acts while slaughtering animals: 1- The knife should be thrust behind the throat and brought forward so that it is cut from behind the throat. 2- The animal should not be slaughtered in a place where another animal can see it. 3- They should not slaughter an animal on Friday night (i.e. the night preceding Friday), or before noon on Friday. However, there is no harm in doing so in the case of necessity. 4- One should not himself slaughter an animal which he himself has bred and reared. Issue No. 2233- Nowadays, sometimes, an electric shock is given to animals to stun them and make cutting of their heads by machines easy. There is no harm in this act, if the animal is alive after it has received the shock.

Hunting with Weapons▲
Issue No. 2234- If a halal wild animal is hunted with a weapon it becomes halal, if the following five conditions are fulfilled: 1- The hunting should be with a sharp weapon like sword, knife, dagger or a rifle and such likes, irrespective of whether its bullet used for hunting is sharp or not. However, it should be able to cut through the body of the animal and blood should flow from it. And if an animal is hunted with a trap or hit by a piece of wood or a stone, etc., it does not become pure, and it is haraam to eat its meat, but if the hunter reaches the animal while it is still alive, and then he slaughters it according to the Shari’a laws, it would be halal. 2- As an obligatory precaution, the hunter should be a Muslim or a child who can distinguish between good and bad. 3- The hunter should aim the weapon for hunting. In case, therefore, a person takes an aim at some place but kills an animal accidentally, that animal will not be pure and it will be haraam to eat the meat of that animal. 4- While using the weapon, the hunter should utter the name of Allah. There is, however, no harm if he fails to do so on account of forgetfulness. 5- If the hunter reaches the animal and it is already dead, or if it is alive but he has no time left to slaughter it, the animal will be halal. However, if he has enough time to slaughter it and he does not slaughter it till it dies, it will be haraam.

Rules of Hunting ▲
Issue No. 2235- If two persons jointly hunt an animal and one of them is a

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Muslim and the other one is a Kafir (unbeliever), or one of them utters the name of Allah, and the other one does not do so intentionally, the meat of that animal will not be halal, as an obligatory precaution. Issue No. 2236- If an animal is shot with an arrow and, for example, it falls into water and a person knows that the animal has died on account of having been shot with an arrow, and falling into water, it will not be halal. In fact, if he doubts whether or not the animal has died only because of being shot with an arrow, it is not halal. Issue No. 2237- If a person hunts an animal by means of a usurped dog or a usurped weapon, the hunted animal is halal and becomes his property. However, besides the fact that he has committed a sin, he should pay the hiring charges for the weapon or dog to its owner. Issue No. 2238- If a person cuts an animal into two parts with a sword or something else with which hunting is permissible, fulfilling the conditions mentioned above, and its head and neck remain in one part and the hunter reaches the animal when it is dead both the parts are halal. And the same order applies, if the animal is alive at that time, but there is not enough time to slaughter it, both the parts will be halal. However, if there is time for slaughtering it, that part which does not contain the head is haraam, and as regards the part which contains head and neck, it is, it will be halal, if it is slaughtered according to the rules prescribed by Shari’ah. Issue No. 2239- If an animal is cut into two parts with a stick, or a stone or another implement with which hunting is not proper, the part which does not contain the head and the neck will be haraam. As regards the part which contains the head and the neck, in case the animal is alive and it is possible that it may live for some time and it is slaughtered in accordance with the rules prescribed by law, that part is halal. Issue No. 2240- If an animal is hunted or slaughtered, and its young one, which is alive, is taken out of its body, that young one will be halal if it is slaughtered in accordance with Shari’ah rules, otherwise it will be haraam. However, if by hunting or slaughtering an animal, its young one dies in the mother’s womb, it is halal provided that it is fully developed and hair or fleece have grown on its body.

(Conditions for Hunting with a Retriever (Hunting Dog ▲
Issue No. 2241- If a retriever hunts a wild animal whose meat is halal to eat, it will be halal if the following five conditions are fulfilled: 1- The dog should be trained in such a way that when commanded to catch the prey, it goes and when restrained from going, it stops. In fact, insofar as it has

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been trained for hunting, it will be sufficient, though it may itself go towards the prey as soon as its eyes catch sight of the prey. However, the recommended precaution is that, if it has the habit of eating a bit of the prey before its master arrives, the owner of the dog should avoid using it for hunting. However, if it sometimes eats a bit of the prey or only drinks its blood, there would be no objection. 2- As an obligatory precaution, the person who sends out the dog for hunting should be a Muslim or a Muslim child who distinguishes between good and bad. One who expresses enmity towards the Household of Prophet Muhammad (pbuh) is not a Muslim, and there is objection in his prey. 3- The hunter should utter the name of Allah at the time of sending the dog or when the dog is leaving. However, if he forgets to do so, there is no harm in it. And it will not be necessary to utter the name of Allah before sending the dog, rather, if he utters it before the dog reaches the prey, it will be halal. 4- The prey should die as a result of the wound inflicted by the dog’s teeth. Therefore, if the dog suffocates the prey to death or the prey dies because of running too much or because of fear, it is not halal. 5- The hunter who sends the dog should reach the spot when the animal is dead or if it is alive, there should not be enough time to slaughter it. However, if he reaches there when there is time to slaughter it, for example, it moves its eyes or strikes its feet to the ground, he should slaughter the prey in accordance with the rules prescribed by Shari’ah, or else, it is haraam.

Rules of Hunting with a Retriever▲
Issue No. 2242- When a person who sends the dog reaches the spot when he can slaughter the animal, but he does not have a knife or it takes him some time to look for a knife, in case the prey dies during this time, the obligatory precaution is to avoid its meat. Issue No. 2243- If a person sends several dogs for hunting an animal and if all of them satisfy the conditions mentioned above, the prey is halal but if any one of them does not fulfil those conditions, the prey is haraam. Issue No. 2244- If a person sends a trained dog for hunting an animal and that dog hunts another animal, there is no harm in it, and if it hunts that animal along with another animal, both of them are halal. Issue No. 2245- If several persons send a dog jointly and one of them is Kafir (infidel) or does not utter the name of Allah intentionally or sends several dogs, and one of them is not trained, as an obligatory precaution, they should avoid the meat of that prey. Issue No. 2246- If a person hunts an animal by a hawk or a trained animal, other than a hunting dog, that prey is not halal. However, if a person reaches

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the spot when the animal is alive and slaughters it in the manner prescribed by law, it is halal.

Hunting of Fish▲
Issue No. 2247- A fish with scales is halal fish, irrespective of whether the scales are less or more, small or large. Even the fish whose scales are feeble and shed off in the net are halal. However, the microscopic scales that are not considered as scales are of no use. Issue No. 2248- If a fish is caught alive from water and dies out of water, it is pure and halal, and if it dies in the net of the fisherman in water, it is halal too. Issue No. 2249- If a fish falls out of water or a wave throws it out, or the water recedes and the fish remains on the dry ground and dies, it is haraam. However, if it is caught by hand or by some other means before it dies, it will be halal if it dies later. Issue No. 2250- It is not necessary for a person catching a fish to be a Muslim, or to utter the name of Allah while catching it. However, it should be known that it has been caught alive from water or died after it has been trapped in the net. Issue No. 2251- If a fish is bought from Muslim Markets or from a Muslim hand, it is halal, though it may not be known whether it was caught alive from water or not; and it is not necessary to investigate about it. However, if it is bought from a Kafir (infidel), and it is not known whether or not it was caught alive from water, it is haraam. Issue No. 2252- There is harm in eating small living fish, except for treatment in the emergency cases. Issue No. 2253- If a fish which has not yet died completely, is roasted alive, or is killed out of water before it dies, there is objection in eating it. Issue No. 2254- If a fish is cut into two parts out of water, and one part of it falls into water while it is alive and dies, there is objection in eating the part which has remained out of water. Issue No. 2255- Prawn, which is also called “roobian” and is an edible sea crustacean, is halal. However, silverfish, a small wingless insect which is usually found in dump places and which carries the word fish with it, is haraam except for treatment in the emergency cases.

Eating and Drinking ▲

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Rules of Things Allowed to Eat and Drink▲
Issue No. 2256- It is halal to eat the meat of animals, like, cows, sheep, domestic camels, as well as the meat of wild cows, sheep, goats and asses and deer. However, it s Makrooh to eat the meat of horses, mules and donkeys. It is haraam to eat the meat of rapacious animals in general, and also the meat of elephants, rabbits and insects. Issue No. 2257- It is haraam to eat the meat of birds having a claw and also birds whose gliding is more than flapping the wings. However, those birds whose flapping of the wings while flying is more than gliding, are halal to eat including all kinds of pigeons, ring-doves and partridges but it is Makrooh to eat the meat of hoopoes. Issue No. 2258- It is haraam to eat a part removed or separated from the body of a living animal, irrespective of whether it is fat or flesh.

Haraam Parts of Animals Whose Meat Is Halal▲
Issue No. 2259- The following fourteen parts of animals whose meat is halal, are haraam to eat, albeit as an obligatory precaution in some of them: 1- Blood 2- Male genitals 3- Female genitals 4- Womb 5- Glands 6- Testicles 7-Pituitary gland, a ductless gland in the brain 8- The marrow which is in the spinal cord 9- The two wide (yellow) nerves which are on both sides of the spinal cord 10- Gall bladder 11- Spleen 12- Urinary bladder 13- Eye balls 14- A part which is in the middle of the hoofs of the animal. This is found in large animals, but in small one like sparrows, if some of these things are not distinguishable or separable, there is no harm in eating them.

Things Which Are Haraam to Eat or Drink▲
Issue No. 2260- It is haraam to eat impure, dirty and disgusting things which one’s nature abhors, like the droppings of animals, nose mucus (liquid running from the nose), etc. though they may be pure. Issue No. 2261- It is haraam to eat earth and mud. However, there is no harm in taking a small quantity (less than a pea) of the clay (turbat) of the Shrine of Imam Husayn (a.s.) for the purpose of the cure for illness. It is also permissible in taking Daghistan or Armenian clay as a medicine if there is no other alternative. Issue No. 2262- It is haraam to eat or drink any thing which is substantially harmful to the health. Smoking cigarettes and other kinds of tobacco products especially narcotics is absolutely haraam. Using narcotics (drugs), either in the form of injecting, smoking, taking or using it in any other way, is haraam.

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Similarly, it is haraam to produce, buy and sell them or help in the spread of such things. Issue No. 2263- If a person has sexual intercourse with cows, sheep and camels, not only will their meat be haraam but their urine and excrement will also become impure, and drinking their milk becomes haraam too. Such an animal should be slaughtered and it body be burnt and he who has had sexual intercourse with the animal should pay its price to its owner. Issue No. 2264- Drinking alcoholic beverages is haraam, and drinking it is one of the major sins. Rather, in some traditions (ahadith), it has been considered to be one of the greatest sins, and any one who considers it halal, in case he is aware that considering it as halal means, by implication, denying Allah and the Prophet (pbuh), he is a Kafir (infidel). It has been narrated from Imam Ja’far Sadiq (a.s.) that he said, "Wine is the root of all evils and sins. A person who drinks wine loses his senses. At that time he forgets Allah, does not refrain from any sin, respects no one, and does not desist from committing evil openly. The spirit of faith and piety departs from him and only the impure and malicious spirit, which is far off from the blessings of Allah, remains in his body. Allah, His angels, His prophets and the true believers curse such a man and his prayers are not accepted for forty days. On the Day of Judgement his face will be black". Issue No. 2266- To sit at a table at which people are drinking alcohol if one would be reckoned as one of them and to eat from that table, though the food may be halal, is haraam. Issue No. 2267- It is obligatory upon all to save the life of a human being, who may be dying of hunger or thirst, by providing him/her water and food and saving him/her from death.

Recommended Eating Manners▲
Issue No. 2268- There are certain recommended rules to be observed while taking a meal with the hope of gaining Thawab. 1- Washing both the hands before taking a meal. 2- Washing both the hands after taking a meal and drying them with a towel. 3- The host should begin eating first, and should also be the last to withdraw his hand. 4- One should say Bismillah before starting to eat, in case there are a number of dishes it is recommended to say Bismillah before eating from each of the dishes. 5- One should eat with one’s right hand. 6- If several persons are sitting together for their meals, everyone of them

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should partake of the food placed in front of him. 7- One should take small morsels of food. 8- One should not eat in a hurry, should prolong the duration of taking a meal, and chew the food thoroughly. 9- One should use a toothpick after taking a meal to bring out the food particles between the teeth, and also wash the mouth. 10- One should avoid throwing away the food which is scattered on the dining cloth. However, if one takes food in an open place, like a desert etc., it is better to leave the food which has fallen aside for animals and birds to eat. 11- One should take two meals a day, in the earlier part of the day and in the earlier part of the night. 12- One should take salt before and after the meal. 13- One should wash all fruits, before eating them. 14- One should have a guest at the dining cloth as long as he can afford to.

Acts which Are Abominable to Do While Taking a Meal▲
Issue No. 2269- The following acts are regarded as abominable: 1- To eat after being satiated. 2- To eat too much.It has been reported in the Hadeeth that over-eating is the worst thing in the eyes of Allah. 3- To gaze towards others while eating. 4- To eat food while it is still hot. 5- To blow on food or drink which one is eating or drinking. 6- To wait for something more after the bread has been served on the dining cloth. 7- To cut the loaf with a knife. 8- To place the loaf of bread under the food pots or plates etc., or any disrespect to it. 9- To peel those fruits which are normally eaten with their skin. 10- To throw away the fruit before one has eaten it fully.

The Recommended and the Makrooh Acts of Drinking Water▲
Issue No. 2270- There are certain acts which are Mustahab while drinking water. They are as follows: 1- Water should be drunk slowly as if it were sucked. 2- During daytime, one should drink water while standing. 3- One should say Bismillah before drinking water and Alhamdulillah after drinking it. 4- One should drink water in three sips, not in one go. 5- One should drink water when one feels thirsty. 6- After drinking water, one should remember Imam Husayn (a.s.) and his Ahlul Bayt (a.s.), and curse his murderers.

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Issue No. 2271- In narrations, there are a few acts which have been considered as improper while drinking water: 1- To drink too much water. 2- To drink water after eating fatty food. 3- To drink water while standing during the night. 4- To drink water with one’s left hand. 5- To drink water from the side of the broken part of the pot, or from the side of its handle.

Vow and Covenant▲ Vow and Covenant▲
Issue No. 2272- Vow (nazr) means making it obligatory upon oneself to do some good act or to refrain from doing an act which is better not to do, for the sake of, or for the pleasure of Allah. Issue No. 2273- Vow is of two kinds: 1- A vow which is done in a conditional form, for example, one says if my sick person gets well, I will undertake to do such and such work for Allah, this is called “Vow of Thanks”, or if I commit such and such a bad work, I will undertake to do a certain good act for Allah, and this is called “Vow of Torment”. 2- The second type of vow is an absolute vow, and that is a kind of vow in which a person, without any restriction or condition, says that he makes a vow for Allah that he will offer Night Prayers. All of these vows are in order.

Rules Regarding Vow and Covenant▲
Issue No. 2274- A vow will be in order only if a formula is pronounced for it, and it is immaterial whether the formula is read in Arabic or in any other languages. Therefore, if a person says, “If my wish is fulfilled, it will be obligatory upon me to give a certain quantity of property to a poor person for the sake of Allah”, his vow will be in order. Even if he says, “I vow for Allah that if that wish of mine is fulfilled, I will do a certain good act”, it will be sufficient. Issue No. 2275- A vow will be in order if the person making a vow is adult (baligh) and sane, and makes the vow with free will and intention. In case, therefore, he has been coerced to make a vow or if he makes it owing to anger or losing his control, his vow is not in order. Issue No. 2276- A feeble-minded person who squanders his property for useless purposes or a person who has been prevented by the Mujtahid from appropriating his property because of bankruptcy, his vows in respect to his properties will not be in order.

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Issue No. 2277- If a husband restrains his wife from making a vow the wife cannot make the vow (i.e. her vow will not be in order) if her fulfilling the vow is contrary to the rights of her husband, and if it is not contrary to the rights of her husband, the recommended precaution is that it should be with his permission. Issue No. 2278- If a woman makes a vow with the permission of her husband he cannot, as a measure of obligatory precaution, cancel her vow, or restrain her from performing her vow. Issue No. 2279- One’s son or daughter does not need to get his/her father’s permission to make a vow. However, if his/her work may hurt the father, in this case, his/her vow will not be in order. Issue No. 2280- A person can make a vow only for an act which is possible for him to fulfil. Issue No. 2281- A person should make a vow for an act which is desirable in religion. Hence, making a vow for performing a haraam or an abominable act or for refraining from an obligatory or Mustahab act is not in order. Issue No. 2282- It is not necessary that all the particulars and acts within a vow be desirable. As long as the main act as a whole is desirable in religion, it will suffice. For example, if, a person makes a vow that he will perform Night Prayers on the first night of each month, it is in order and he should act upon it accordingly. Likewise, if he makes a vow that he will serve food to the poor in a certain place, he should act according to it. Issue No. 2283- If a person makes a vow that he will perform or abandon a permissible act, and if performing that act or abandoning it is equal in all respects, his vow is not in order. However, if its performance or abandonment is better in some respect, and a person makes a vow keeping that merit in view, his vow will be in order. For example, if he makes a vow that he will eat a certain food in order to gain strength for worshipping Allah or that he will abandon eating a certain food that causes bodily weakness for worshipping Allah, his vow in either case will be in order. Issue No. 2284- If a person makes a vow that he will fast, without specifying the time and the number of fasts, it will be sufficient if he observes fast on one day. Similarly, if he makes a vow that he will offer prayers, but does not specify its number and particulars, it will be sufficient if he offers a two-rak’at prayers. This will also apply to vows for other acts of worship. Issue No. 2285- If a person makes a vow that he will observe fast on a particular day, the obligatory precaution is that he should not go on a journey

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on that day so that he can observe fast, and if he travels on that day, the qadha of that day will be obligatory on him, and the obligatory precaution is that he should also give Kaffara for it. Issue No. 2286- If a person intentionally violates his vow, he has committed a sin and should give Kaffara for it, and the Kaffara for breaking a vow is either feeding sixty poor persons or fasting consecutively for two months or setting free a slave. Issue No. 2287- If a person makes a vow to abandon an act for some specified time, he will be free to perform that act after that time has passed. However, if he performs it before that time due to forgetfulness or helplessness, he will be under no obligation. But it will be necessary for him to refrain from that act for the remaining time and if he repeats that act before the end of the specified time without any excuse, he must give Kaffara for it in accordance with what was said in the previous issue. Issue No. 2288- If a person makes a vow to abandon an act, without setting any time limit, and then performs volitionally, he should give Kaffara for the first instance, and if his vow was in a way that each instance or act would be included independently under the vow, the obligatory precaution is that he should give Kaffara for each time that he performs that act. However, if he did not have such an intention or if he doubts about his intention, then only one Kaffara will be obligatory on him. Issue No. 2289- If a person makes a vow that he he/she will observe fast every week on a particular day (e.g. Friday) and if Eid-ul Fitr or Eid-ul Azha falls on one of the Fridays or an excuse like a necessary journey (or menses in the case of women) springs up for him/her, he/she should not observe fast on that day, but he/she should give its qadha, as a measure of precaution. Issue No. 2290- If a person makes a vow that he will give a specific amount as alms, but dies before giving alms, they should give that amount as alms from his estate. Issue No. 2291- If a person makes a vow that he will give alms to a particular poor, he cannot give it to another poor, and if that poor person dies, he should, on the basis of precaution, give the alms to his heirs. Issue No. 2292- If a person makes a vow that he will perform the Ziyarat of a particular holy Imam, for example of Imam Husayn (a.s.), if he goes for the Ziyarat of another Imam, it will not be sufficient, and if he cannot perform the Ziyarat of that particular Imam because of an excuse, he will be under no obligation.

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Issue No. 2293- If a person has made a vow that he will go for Ziyarat, but has not made a vow for the bath for ziyarat and its prayers, it is not necessary for him to perform them. Issue No. 2294- If a person makes a vow that he would spend some amount of money on the shrine of one of the Imams or the descendants of the Imams, he should spend it on the repairs, carpeting, lighting and the servants who are serving there, etc. However, if he has made a vow for the Imam (a.s.) himself, or the descendant of the Imam without mentioning the name of the shrine, he can spend it on the purposes mentioned before as well as for mourning ceremonies or publication of their works or helping the indigent pilgrims or for a purpose which has some relationship with the Imam and his descendants. Issue No. 2295- If someone makes a vow that he would give a sheep as alms or dedicate it to a Holy Imam, the wool of the sheep and the extent to which it grows fat form part of the vow. And if before the sheep is put to use in accordance with the vow, it gives birth to a young or gives milk, the obligatory precaution is that it should also be used for the vow. Issue No. 2296- If a person makes a vow that if his patient recovers or his traveller returns home safe he will perform a certain good act, and if it transpires later that his patient had already recovered or the traveller had already returned before he made the vow, it will not be necessary for him to act upon his vow. Issue No. 2297- If a father or a mother makes a vow that he/she will marry their daughter to a Sayyid, the vow has no significance, and the option rests with the girl when she attains the age of puberty. Issue No. 2298- Acting upon a covenant is obligatory as it is in the case of a vow, provided that the formula for covenant is pronounced. For example, one should say, “I make a covenant with Allah that I will perform that certain good act”. However, if one does not pronounce the formula or if that act is not desirable from the Islamic point of view, his covenant is not valid. Issue No. 2299- If a person does not act according to the covenant made by him as per the above-mentioned conditions, he should give a Kaffara for it, and the Kaffara for covenant is similar to the Kaffara for a vow, i.e. he should either feed sixty indigent persons or fast consecutively for two months (31 days in a row), or set a slave free.

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(Taking an Oath (Qasam▲ Conditions for Taking an Oath▲
Issue No. 2300- If a person takes an oath with the following conditions, he should act upon it, or else, he will be liable to Kaffara (atonement): 1- A person who takes an oath should be adult and sane, and if he takes an oath in respect to his property, he should neither be feeble-minded, nor should have been prevented by the Mujtahid from having right of appropriation or discretion over his property, and he should take the oath with his own free will and volition. Hence, an oath by a minor, an insane person or by a person coerced to take an oath will not be in order. Similarly, if he takes an oath in a state of anger or involuntarily or unintentionally, the oath will be void. 2- The act for which an oath is taken should not be haraam or Makrooh, and the act for which a person takes an oath to abandon it, should not be obligatory or recommended. And if he takes an oath to perform an allowable or normal act, its abandonment should not be better than its performance in the estimation of people, or if he takes an oath to abandon an allowable or usual act, its performance should not have any preference over its abandonment in the eyes of people. 3- The oath must be sworn by one of the names of the Almighty Allah which are either exclusively used for Him, (e.g. Allah), or by a name which is used for other beings also, but is used so extensively for Him, that when any person utters that name one is reminded of Him alone. In fact, if he uses other names or attributes of Allah, which do not remind a person of God’s name without a context, but his intention is Allah, he should, as an obligatory precaution, act according to that oath. 4- The oath should be uttered in words. In case, therefore, a person passes it in his mind, it will not be sufficient. And if he writes it down, the precaution is that he should act according to it. However, if a dumb person takes an oath by making a sign, it is in order. 5- It should be possible for a person to act upon his oath. And if he is able to act upon the oath when he takes it, but becomes incapable of acting upon it later, the oath is nullified from the time he becomes incapable of acting upon it. And the same order applies if acting upon one's oath involves such hardship that it is not possible for one to bear it.

Rules Regarding Oath▲
Issue No. 2301- If a father forbids his son to take an oath, or the husband forbids his wife to take an oath, their oath is not valid. Even if a son takes an oath without the permission of his father, or a wife takes an oath without the permission of her husband, their oath will not be in order. Issue No. 2302- If a person does not act upon his oath intentionally, he should

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give Kaffara for it, which means he should feed ten indigent persons to their fill or should provide them with clothes, or should set a slave free. And if he is not able to perform these acts, he should fast for three days. Issue No. 2303- If a person does not act upon his oath on account of forgetfulness, helplessness or if he is forced not to act upon his oath, he is not liable for Kaffara. And if an scrupulous (obsessed) person takes an oath like, if he says,” By Allah, I am going to offer prayers now,” and then does not offer prayers owing to the whims haunting him, which renders him incapable of acting according to the oath, and if his obsession is in such a way that he does not act according to his oath involuntarily, it is not necessary for him to give Kaffara. Issue No. 2304- If a person swears that he is telling the truth when what he says is correct, his taking the oath is abominable, and if it is a lie it is haraam and of the major sins. However, if he is forced to swear in order to save himself or another Muslim from the mischief of an oppressor, there is no harm in it, and in fact, at times it becomes obligatory. This sort of oath which is meant to prove something is quite different from the oath which was discussed earlier and which was for the performance or abandonment of an act.

(Waqf (Endowment▲ Rules Regarding Waqf▲
Issue No. 2305- If a person makes something as a trust (Waqf), it ceases to be his property; neither he nor anybody else can either gift it or sell it to any person. Also, no one can inherit anything out of it. However, its selling, in certain circumstances, as mentioned in rule No. 1786, is permissible. Issue No. 2306- The formula for endowment (waqf) can be uttered in Arabic or any language, for example, if a person says, “I have endowed my house for a certain purpose”, that will be sufficient and formal acceptance is not required, irrespective of whether it is for the general public or for a particular group of people. However, the recommended precaution is that in the endowment for the general public, the Mujtahid and in the endowment for particular group of people, the people for whom the endowment has been made should utter the formula of acceptance. Issue No. 2307- An endowment can also be established and proved by conduct. That is, as soon as a person constructs a mosque with an intention of endowing it for Muslims and when he hands it over to them, that will be sufficient, though he may not utter the verbal formula. Issue No. 2308- If a person specifies a property for endowment, but regrets or

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dies before uttering the formula or before placing it at the disposal of the devotees, the endowment does not take place. Issue No. 2309- If a person endows a property, he should, as an obligatory precaution, endow it for ever from the time he utters the formula. Therefore, if he says, "This property will stand endowed after my death" the endowment is not in order, or if he says, “This property remains endowed for ten years from now”, it is not in order too. In fact, endowment should be perpetual and from the time of uttering the formula for endowment. Issue No. 2310- An endowment will be valid when the property which has been endowed is placed at the disposal of those for whom the property has been endowed, or their representative or guardian. However, in an endowment for the general public, like mosques, schools, etc., possession is not a precondition for the validity of the endowment, though the recommended precaution is that after uttering the formula, it should be placed at the disposal of those for whom the property has been endowed, so that the endowment becomes complete. Issue No. 2311- The person who endows a property should be adult, sane, and should enjoy free will and authority and should also be entitled legally to appropriate his property. Therefore, if a feeble-minded person or a debtor, who has been debarred by the Mujtahid from appropriating his property, endows a property of his own, it will not be valid. Issue No. 2312- If some property is made a Trust for a child who is in his mother's womb, it is not in order. However, to endow a property for those some of whom are born and some are not born yet, for example if a person endows a property for his children and after them for his children's children and every succeeding group benefits from it, the endowment is in order, and those who will be born will benefit from the Trust. Issue No. 2313- If a person creates a Trust for himself, for example, if he endows a property so that its income may be spent for him or it is spent for the construction of his tomb after his death, the endowment is not in order. However, if he makes a school or a farm for students, and if he himself is a student, he can benefit, like other students from the profit which accrues to the endowment. Issue No. 2314- If a person appoints a Mutawalli (trustee) of the property endowed by him, the trustee should act according to the instructions given by him, but if he does not appoint a trustee, and if the endowment is a public one such as a mosque or a school, the appointment of a trustee rests with the Mujtahid, and if it is an endowment for particular persons, like the property which is endowed for his children, then to safeguard the interest of the Trust or the interest of the future generations, the precaution is that the present

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generation and the Mujtahid should come in agreement with each other about appointing a trustee, and if the endowment has to do with the interest of the present generation, then authority rests with them, and if they are not adult, the authority rests with their guardian. Issue No. 2315- If a person creates a Trust for some particular persons, (for example for his descendants) so that every group should benefit from it after another group, and the trustee of that property leases out the property, and later dies, if the lease has been to safeguard the interest of the Trust and the future generations, the lease will not become void. But, if the Trust has no trustee, and the first generation leases it out, and they die during the currency of the lease, then, there is harm in the continuation of the lease in respect to the future without the permission of the next generation. And if the tenant has paid the rent for the entire period, what is in relation to the period after the death of the first generation will be refunded and will be given to the next generation (provided that they give permission for the continuation of the lease). Issue No. 2316- If the property which has been endowed is ruined, its position as Trust is not affected. Issue No. 2317- It is permissible to endow an undivided property. That is, one can make two sixth of a house or a farm as Trust, and in case of necessity, a Mujtahid or the trustee can separate the endowed portion of the property in the light of the views of experts. Issue No. 2318- If the trustee of a public Trust acts dishonestly, and does not use its income for the specified purposes, the Mujtahid should appoint an honest person for it or assign him to act with the dishonest trustee. And if the trustee of a Trust for particular persons acts dishonestly, the Mujtahid should, albeit with the agreement of the present generation, appoint an honest trustee for it or associate an honest person with the dishonest trustee. Issue No. 2319- A carpet which has been endowed in Hussayniyah cannot be taken to the mosque for offering prayers. And if they do not know whether that carpet is especially for Hussayniyah or not, it is not permissible to take it to somewhere else. This rule also applies to other endowed properties. Even one cannot take the Turbat of a mosque to another mosque. Issue No. 2320- If a property is endowed for the maintenance of a mosque, and that mosque does not stand in need of repairs, and it is also not likely that it will need repairs for quite some time, the income from that property can be used on a mosque which stands in need of repairs. Issue No. 2321- If a person endows some property so that it may be spent on

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the repairs of a mosque and may be given to the Imam of the congregation and moazzin (one who call for prayers) of the mosque, and if the quantity for each has been specified by the donor, it should be spent in the same manner. And if it is not specified, then they should act in accordance with the views of the trustee in a way that is expedient and advisable. Issue No. 2322- Institutions and associations set up and registered have legal status (personality) and one can give possession of something to them which should be used according to the constitution. The properties of such institutions are in some respects similar to those of a Trust but they are not endowed properties. Rather, they are the properties of that institution, and if some of the founders or the managers die, their heirs will not inherit any thing, except for when it is mentioned in the constitution. This rule also applies to the institutions which have been formed in accordance with rational standards but they have not yet been legally registered.

(Will (Wasiyyat▲ (Will (Wasiyyat▲
Issue No. 2323- A Will means that a person recommends that after his death certain tasks be completed, and this is called Wasiyyat-e ‘Ahdiyah (directive will), like directions given about shroud (Kafan) and the burial place and other ceremonies, or a person states in his Will that after his death a part of his properties become the property of a certain person. This is called Wasiyyat Tamlikiyah (Possessory Will), or he appoints someone as guardian of his children. Issue No. 2324- If a person wishes to make a Will, he can do so by saying or writing to make himself understood, and if he is not able to speak or write, he can make a Will by means of a sign to make himself understood. Issue No. 2325- Besides a Will, all transactions can be conducted by writing and signing as it is customary nowadays those business-related documents are completed by signing them. However, in the case of marriage and divorce, there is harm if one contends himself to writing only.

Qualifications of a Person Who Makes a Will▲
Issue No. 2326- A person making a Will should be adult and sane. However, if a ten year old boy who distinguishes between good and bad, makes a Will for charitable tasks, like construction of a mosque, a school or a hospital, etc., or makes an appropriate and reasonable Will for his blood relatives, the Will is in order. Also, a person making a Will should not be a feeble-minded person, and the Mujtahid should not have prevented him from having discretion over his

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properties, and he should make a Will with his own free will and intention, and no force or compulsion should have been involved.

Rules Regarding Will▲
Issue No. 2327- If a person who, for example, injures himself intentionally or takes a poison on account of which his death becomes certain or probable, and makes a Will that a part of his property should be put to some particular use, his Will is not in order. Issue No. 2328- If a person makes a Will that something from his property should be given to someone, that thing becomes his property after the death of the testator, and acceptance will not be necessary either. However, if that person rejects it during the lifetime of the testator, the precaution is that he should not appropriate that property as a possessor. Issue No. 2329- When a person sees signs of death in himself, he should immediately return the things held in trust by him to their owners. And if he is indebted to others, and the time for repayment of the debt has matured, he should repay the debt. And if he is not in a position to repay the debt or the time for its repayment has not yet matured, he should make a Will, and if he is not sure that they will act according to his Will, he should make a Will in the presence of witnesses for its repayment. However, if he is certain that his heirs will repay his debts, it is not necessary to make a Will. Issue No. 2330- If a person, who sees signs of approaching death in himself, has a debt of Khums, Zakat and Mazalim (wealth wrongly appropriated) or has other liabilities, he should make necessary payments at once. And in case he cannot make payments although he owns property or there is a probability that his friends or relatives will make these payments, he (the person on deathbed) should make a Will in this behalf. The same rule applies, if he has obligatory Hajj on him or lapsed fasts and prayers; the obligatory precaution is that he should make a Will (taking into account what was said earlier about the rules of hired prayers and fast). Issue No. 2331- If a person who observes signs of death in himself has deposited some property with some other person or has concealed it in a place of which his heirs are not aware, and if owing to the ignorance of the heirs their right is lost, he should inform them about it. And if he has minor children and it is possible that their property may perish or they themselves may be spoiled without a guardian, he should appoint an honest guardian for them. Issue No. 2332- The person appointed to execute a Will is called ‘Wasi’ (executor), and based on obligatory precaution, he should be Muslim, adult, sane and trustworthy.

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Issue No. 2333- If a person appoints more than one executor, allowing each of them to execute the Will independently, it will not be necessary that they should obtain permission from one another for the execution of the Will. And if he has not accorded any such permission whether he has or has not said that both of them should execute the Will jointly they should execute the Will in consultation with one another. And if they are not prepared to execute the Will jointly or they differ in distinguishing the good, and if this causes the Will to be left unexecuted or be delayed, the Mujtahid should take the necessary steps so that the execution of the Will is not halted. Issue No. 2334- If a person goes back upon his Will; for example if he says that 1/3 of his property should be given to a person and then says that it should not be given to him, the Will becomes void. And if he changes his Will for example if he appoints a guardian for his children and then replaces him by another person his first Will becomes void and his second Will should be acted upon. And if he also conducts himself in a manner which shows that he has drawn back from his Will, for example, if he sells the house which he had willed to give away to someone, or appoints someone as his agent to sell it, the Will becomes void. Issue No. 2335- If a person makes a Will that a particular thing be given away to someone, and makes a Will later that half of that should be given to another person, that thing should be divided into two parts, and one part should be given to each of them. Issue No. 2336- If a person, who is on his deathbed, bestows a part of his property as gift on a certain person, and makes a Will that after his death a certain quantity be given to a certain person, and if both the gifts exceed one-third of his estate, they should, as a precaution, obtain the permission of the heirs for the excess. Issue No. 2337- If a person makes a Will that 1/3 of his property should be retained and its income should be spent for some particular purpose, his instructions should be followed. Issue No. 2338- If a person says during an ailment, of which he dies, that he owes some amount to someone, and if it is alleged that he has said this to harm his heirs, the portion specified by him should be given out of 1/3 of his property and if he is not accused of any such thing his admission is valid and the payment should be made out of his real property. Issue No. 2339- The person for whom a Will has been made, should be existing at the time of the Will. Hence, if a person makes a Will that a property be given to a child who may possibly be conceived or born, there is harm in it, and the precaution is that a compromise should be made with the heirs. However, if one makes a Will for a child who is in the mother’s womb, though it may not have

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soul yet, the Will is in order. In case, therefore, the child is born alive, it should be given what the testator had willed, and if the child is born dead, the Will becomes void and that property will be inherited by the heirs. Issue No. 2340- If a person comes to know that someone has appointed him his executor, and he informs the testator that he is not prepared to perform the duties of an executor, and if he can appoint another person as the executor of his Will, the first Will becomes void. However, if he does not come to know about it before the death of the testator, or comes to know about it but does not inform the testator that he is not prepared to act as an executor, or he informs him, but he does not have access to anyone else, the obligatory precaution is that he should act upon the Will except for when the execution of the Will involves some hardship to him. Issue No. 2341- After a testator dies, the executor cannot appoint another person to execute the Will and keep aloof himself. However, if he knows that the deceased did not mean that the executor should perform the task himself and what he wanted 'was only that the task should be accomplished, he may appoint another person as his representative. Issue No. 2342- If a person appoints two persons as joint executors, and if one of them dies, or becomes insane, or apostatizes, the Mujtahid will appoint another person in his place. And if both of them die or become insane or apostates, the Mujtahid will appoint two persons in their place. Issue No. 2343- If an executor alone cannot perform all the tasks laid down in the Will of the deceased and cannot hire someone else to help him, the Mujtahid will appoint someone to assist him in his duties. Issue No. 2344- If all or a part of the property of the deceased is lost or damaged while in the custody of the executor, and if he has not been negligent in looking after it or has not acted against the tasks laid down in the Will by the deceased, he will not be responsible, otherwise he will be. Issue No. 2345- If a person appoints someone as his executor and says that after that executor’s death, another person should be the executor in his place, this Will is in order, and if the first executor dies, the second executor replaces him. Issue No. 2346- Debts and the expenses of obligatory Hajj should be paid from the original property, though he may not have made a Will for them. And if the property of the deceased exceeds his debts and obligatory religious dues like the one mentioned above, and if he has also willed that 1/3 or a part thereof of his property be put to a particular use, his Will should be followed, and if he has not made a Will, 1/3 of the property will not be for him, and what remains after

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the deduction of his debts and religious dues is the property of the heirs. Issue No. 2347- One cannot will more than 1/3 of his property, unless the heirs give consent to it, irrespective of whether this permission is before his death or after it, and the heirs cannot, as an obligatory precaution, withdraw their permission whether they have given it before his death or after it. Issue No. 2348- If a person makes many Wills for various tasks and if 1/3 of his property does not suffice it, they should act upon what is mentioned in the Will till it reaches 1/3 of the property, and the remaining of the Will which exceeds the expenditure of 1/3 is void, except for when the heirs give their consent. However, if in his Will he has also mentioned the obligatory religious dues, like, Hajj, Khums, Zakat and Mazalim (wealth wrongly appropriated), this portion will be deducted from his estate (original property) and the rest from 1/3. Issue No. 2349- If a person claims that the deceased had willed that a certain amount should be given to him, and two just men confirm his statement, or if he takes an oath and one just man also confirms his statement, or if one just man and two just women or four just women bear witness to what he says, the amount claimed by him should be given to him. And if at the time of making a Will, there was not a just man present, and only one just woman bears witness, 1/4 of the amount claimed by him should be given to him, and if two just women bear witness, 1/2 of that amount should be given to him, and if three just women bear witness, 3/4 of it should be given to him. Also, if two non-Muslim males from among the people of the Book, who are deemed as just in their own religion, confirm his statement, and if the dead person was obliged to make a Will while no just Muslim man and woman were present at that time, the thing demanded by that person should be given to him. Issue No. 2350- If a person says that he is the executor of a dead person and can utilize his property in such and such way or that the dead person had appointed him the guardian of his children, his statement should be accepted in case two just men confirm it. Issue No. 2351- If a person makes a Will that something out of his property is for a particular person, and that beneficiary dies before accepting or rejecting it, his heirs can accept the Will, whether he (the beneficiary) has died before the testator or after him, provided that the testator does not go back upon his Will.

Inheritance▲ Those Who Inherit▲
Issue No. 2352- There are three groups of persons who inherit from a dead

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person on the basis of relationship: (i) The first group consists of the dead person’s parents and children, and in the absence of children, the grand children, however, low, and among them whoever is nearer to the dead person inherits his property. And so long as even a single person from this group is present, people belonging to the second group do not inherit. (ii) The second group consists of paternal grandfather, paternal grandmother and sisters, brother, and in the absence of sisters and brothers their children, whoever from among them is nearer to the dead person, will inherit from him. And so long as even one person from this group is present, people belonging to the third group do not inherit. (iii) The third group consists of paternal uncles and aunts and maternal uncles and aunts, however, up they go and their descendants, however, low they go. Of course, whoever from among them is nearer to the dead person, will inherit from him. And so long as even one person from the paternal uncles and aunts and maternal uncles and aunts of the dead person is alive, their children do not inherit, and so long as their children are alive, the children of their children will not inherit. And there is only one exception to this and that is if the deceased person a paternal uncle and also paternal and maternal cousins, the paternal uncle of the dead person does not inherit anything from his property, rather his property will be inherited by the paternal and maternal cousin. Issue No. 2353- If the dead person’s own paternal uncle and aunt and the maternal uncle and aunt and their children do not exist, then the paternal uncle and aunt and the maternal uncle and aunt of the dead person’s parents will inherit, and if they do not exist, their descendants will inherit. And in the absence of their descendants, the paternal uncle and aunt and the maternal uncle and aunt of the dead person’s paternal grand parents will inherit and if even they are not alive, the property is inherited by their descendants. Issue No. 2354- Husband and wife inherit from each other as will be explained later.

Inheritance of the First Group▲
Issue No. 2355- If out of the first group, there is only one heir of the deceased (for example, father or mother or only one son or only one daughter) he/she inherits the entire property. And if there are more than one son or daughter, the property will be divided among them equally. However, if there are both sons and daughters, then, the property is divided among them in such a way that each son gets twice the share of each daughter. Issue No. 2356- If the father and the mother of a dead person are his only heirs the property is divided into 3 parts, out of which 2 parts are taken by the father and one by the mother. If, the deceased has two brothers or four sisters, or one

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brother and two sisters, who are all from the same parents, i.e. from the same father and mother or are related to him from the side of the father only, the effect of their presence on the inheritance is that, although they do not inherit anything in the presence of the father and the mother, the mother gets 1/6 of the property and the rest is inherited by the father. Issue No. 2357- If only the father, the mother and one daughter are the heirs of deceased, the property will be divided into 5 parts, out of which the father and the mother take one share each, and the remaining 3 shares are taken by the daughter. In case, the deceased has two brothers or four sisters or one paternal brother and two sisters, the property will be divided into six parts. Father and mother will take one part each, and three parts will be taken by the daughter. As regards the remaining one part, the father and the daughter will divide it between themselves, and as a precaution they should make a compromise in this division. Issue No. 2358- If the heirs of the deceased are his father, mother and one son only, the property is divided into six parts, from which one is taken by the father and one by the mother, and 4 by the son. And if the deceased has several sons or daughters, they divide the said 4 parts equally among them. If however, he has several sons and daughters, the 4 shares are divided among them in such a way that each son gets double the share of each daughter. Issue No. 2359- If the heirs of the deceased are his father and one son only, or his mother and one son only, the property is divided into six parts, from which one part goes to the father or mother, and 5 parts to the son. Issue No. 2360- If the heir of the deceased is either his father or mother and is one son and one daughter, the property is divided into six parts, out of which one goes to the father or the mother, and the remaining 5 parts is divided in such a way that each son gets double the share of each daughter. Issue No. 2361- If the heirs of the deceased are his father and one daughter only, or his mother and one daughter only, the property is divided into four parts, one part goes to the father or the mother, and the remaining 3 parts go to the daughter. Issue No. 2362- If the heirs of the deceased are his father and several daughters only, or his mother and several daughters only, the estate is divided into five parts. One part is taken by the father or the mother, and the remaining 4 parts are equally divided among the daughters. Issue No. 2363- If the deceased has no children, his son’s child (though it may be a daughter only) gets the share of the deceased person’s son, and the child of his daughter (though it may be a boy) gets the share of the daughter of the

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deceased.

Inheritance of the Second Group▲
Issue No. 2364- The second group of persons that inherits on the basis of relationship, consists of paternal grandfather and paternal grandmother, brothers and sisters and if the dead person does not have brothers and sisters, their children inherit the property. This group will inherit only if there does not exist anyone from the first group. Issue No. 2365- If the heir of deceased is only one brother or only one sister, he or she inherits the entire property, and if he has several real brothers alone or several real sisters alone, they divide the property equally among themselves. However, if he has several real brothers and some real sisters, every brother gets double the share of a sister. Issue No. 2366- If a deceased has real brothers and real sisters, his half brothers and sisters (whose mother is the stepmother of the dead person) do not inherit his property. And if he has no real brothers or real sisters, and has only one paternal brother, or only one paternal sister, he or she inherits the entire property, and if he has several paternal brothers alone or several paternal sisters alone, they divide the property equally among themselves. However, if he has several paternal brothers and some paternal sisters, each brother gets double the share of every sister. Issue No. 2367- If the heir of deceased is one maternal half sister, or one maternal brother (who is stepsister or stepbrother of the dead person from father's side) he or she inherits the entire estate, and if he has several maternal brothers alone, or several maternal sisters alone, or both of them together, the estate is divided equally among them. Issue No. 2368- If the dead person has real brothers and sisters, together with brothers and sisters from father’s side, and one brother or one sister from mother’s side, the paternal brothers and sisters do not inherit. In this case, the property is divided into six parts, from which one part is given to the maternal brother or sister, and the remaining 5 parts will be given to real brothers and sisters (brothers and sisters from the same parents), and every brother will get double the share of every sister. However, if he has more than one maternal brother or sister, the property is divided into three parts, one part of it will be divided equally between the maternal brother and sister, and the remaining two parts will be given to brothers and sisters from the same parents, in which case every brother will get double the share of every sister. Issue No. 2369- If the only heirs of deceased are his paternal brothers and sisters, and one maternal brother or one maternal sister, the property will be

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divided into six parts. One part will be given to the maternal brother or the maternal sister, and the remaining parts will be divided among the paternal brothers and sisters in such a manner that every brother gets double the share of every sister. Issue No. 2370- If the only heirs of deceased are his paternal brothers and sisters, and two or several maternal brothers and sisters, the property will be divided into three parts. One part will be shared among the maternal brothers and sisters equally, and the remaining two parts will be divided among the paternal brothers and sisters in such a manner that every brother gets double the share of every sister. Issue No. 2371- If the brother, the sister, and the wife of deceased are his only heirs, the wife gets her inheritance in the manner which will be explained later, and the sister and brother get their inheritance as stated in the foregoing rules. However, nothing is reduced from the share of maternal brother and sister on account of husband and wife inheriting the property. But in the case of real brothers and real sisters, or paternal brothers and sisters, their shares may be reduced. For example, if the heirs of dead person are her husband, maternal brother and sister, and real brother and sisters, half of the property will go to husband, and one part out of the three parts of the original estate will be given to the maternal brother and sister, and whatever remains will be the property of the real brother and sister. For instance, if the total property of the dead person is £6.00, £3.00 goes to the husband, £2.00 are taken by the maternal brother and sister, and £1.00 will be the share of the real brother and sister. Issue No. 2372- If a dead person does not have sister and brother, their share of the inheritance is given to their descendants, and the share of maternal brother’s child and maternal sister’s child will be divided among them equally. And as for the share of the paternal brother’s child and paternal sister’s child, or real brother’s child and real sister’s child, the commonly held principle is that every son gets twice as much as the daughter. However, if the paternal brother’s child, or paternal brother’s child are of the same brother, the precaution is that they should resort to a compromise about the difference of the amount between the boy and girl. Issue No. 2373- If the heir of the deceased is only one grandfather or one grandmother, regardless of whether they are paternal or maternal, the entire property goes to him/her, and the great grandfather of the deceased does not inherit in the presence of the grandfather. Issue No. 2374- If the heir of the dead person is only the paternal grandfather and grandmother, the property is divided into three parts, from which two parts will be taken by the grandfather and one part will be taken by the grandmother. And if the maternal grandfather and maternal grandmother are

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the heirs, the property will be divided between them equally. Issue No. 2375- If the heir of the deceased is only one paternal grandfather or one paternal grandmother, and only one maternal grandfather or one maternal grandmother the property is divided into three parts, from which two parts will be taken by the paternal grandfather or grandmother and one part will be the share of the maternal grandfather or grandmother. Issue No. 2376- If the heirs of the deceased are paternal grand parents, together with maternal grand parents, the property will be divided into three parts. One part will be divided equally between the maternal grandfather and the maternal grandmother, and the remaining two parts will go the paternal grandfather and paternal grandmother, from which the paternal grandfather gets double the share of the paternal grandmother. Issue No. 2377- If the only heirs of a deceased are the wife or the husband together with the paternal grand parents, and the maternal grand parents, the wife or the husband will get inheritance in the manner which will be explained later. And one of the three parts of the original property will be given to the maternal grandparents to divide it equally between them, and the remaining parts will be given to the paternal grand parents. And the paternal grandfather gets twice as much as the paternal grandmother. Issue No. 2378- If the heirs of deceased are either the maternal grandfather or maternal grandmother, or both, i.e. the maternal grandparents together with the maternal brothers, the maternal grandfather will be treated like one brother and the maternal grandmother like a sister; the property is divided equally between them. However, if the heirs are paternal grandfather and grandmother or paternal grandparents together with paternal brothers or paternal brothers, the grandfather will be treated as a brother and the grandmother as a sister, and the property will be divided between them in such a manner that every man will get twice as much as a woman.

Inheritance of the Third Group▲
Issue No. 2379- The third group of the heirs consists of paternal uncle and aunt, and maternal uncle and aunt and their children. If none of the persons belonging to the first and second group is present, the third group will inherit. Issue No. 2380- If the heir is only one paternal uncle or paternal aunt, (i.e. from the same father and mother), or from the same father, but from different mothers, he or she inherits the entire property. And if there are some paternal uncles or some paternal aunts, and if they are all from the same parents or from the same father, the property should be divided among them equally. However, if the heirs are several paternal uncles together with several

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paternal aunts of the same parents or the same father only, the paternal uncles will get twice the share of the paternal aunts. Issue No. 2381- If the heirs of the deceased are several maternal uncles or several maternal aunts (i.e. they are from the same mother but different fathers), the property will be divided equally among them. However, if there are some maternal uncles together with some maternal aunts, the obligatory precaution is that they should make a compromise with one another in the division of the property. Issue No. 2382- If the heirs of the deceased are his /her paternal uncles and paternal aunts, some of whom are the real brothers and sisters of his/her father, while others are paternal or maternal brothers and sisters of his/her father, those who are paternal uncles and aunts, who are paternal brothers and paternal sisters of his father, do not inherit anything. And if the dead person has one paternal uncle or one paternal aunt, who are the maternal brother and sister of his/her father, the property will be divided into six parts, one part will be taken by the paternal uncle or paternal aunt of the deceased and the remaining will be taken by the paternal and maternal uncles and aunts of the deceased (the share of the uncle is twice the share of the aunt). And if the deceased has several maternal uncles and maternal aunts (for example, two uncles or two aunts, or one uncle and one aunt from the same mother, but different fathers), the property will be divided into three parts, out of which out of which 2 parts are taken by the real paternal uncles and real paternal aunts of the dead person (as usual, the paternal uncle receives twice as much as the aunt), and one part is taken by those paternal uncles and paternal aunts of the dead person who are the maternal brothers and sisters of his father, and the obligatory precaution in dividing the property is that they should make a compromise with one another. Issue No. 2383- If a deceased has only one maternal uncle or one maternal aunt, he or she inherits the entire property. And if he/she has a maternal uncle as well as a maternal aunt (whether they be the real or the paternal or the maternal brothers and sisters of his/her mother), the property should be divided among them equally, and the recommended precaution is that they should make a compromise with one another. Issue No. 2384- If the heirs of the deceased are only one maternal uncle, or one maternal aunt from mother’s side and real uncle and aunt (i.e. from father's and mother's side), maternal uncle and maternal aunt from father’s side, the maternal uncle and maternal aunt from father’s side will not inherit, and the property will be divided into six parts, one part will go to maternal uncle and maternal aunt from mother’s side, and the remaining parts will go to the real uncle and aunt from mother's side and uncle and aunt from father’s and

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mother’s side who will divide it among themselves equally. Issue No. 2385- If the heirs of the deceased are only maternal uncle and maternal aunt from father’s side together with maternal uncle and maternal aunt from mother’s side and paternal uncle and maternal aunt, the maternal uncle and maternal aunt from father’s side will not inherit, and the property should be divided into three parts, one part will be divided equally between the maternal uncle and maternal aunt from mother’s side and the remaining parts will go to maternal and maternal uncle and paternal and maternal aunt who will divide it among themselves equally. Issue No. 2386- If the heirs of the deceased are one maternal uncle or one maternal aunt and one paternal uncle and one paternal aunt, the property will be divided into three parts, one share goes to maternal uncle or maternal aunt, and two shares go to paternal uncle or paternal aunt. Issue No. 2387- If the heirs of the deceased are one maternal uncle or one maternal aunt together with one paternal uncle and one paternal aunt and if the paternal uncle and paternal aunt are from the same parents or from the same father, the property will be divided into three parts, one part will go to maternal uncle or maternal aunt and out of the remaining parts, two parts will be given to the paternal uncle and one part to the paternal aunt. Hence, if the property is divided into nine equal shares, three shares will go to maternal uncle or maternal aunt, and four shares to the paternal uncle and two shares to the paternal aunt. Issue No. 2388- If the heirs of the deceased are one maternal uncle or one maternal aunt together with one paternal uncle or one paternal aunt from mother’s side, and paternal uncle and paternal aunt from the same parents or from father’s side, the property should be divided into three parts, one part is given to maternal uncle or maternal aunt, and the remaining two parts will be divided into six shares, one share is given to the paternal uncle from the mother’s side, and five share are given to the paternal uncles and paternal aunts from the same parents or from father’s side. Paternal uncles inherit twice the share of the paternal aunts. Issue No. 2389- If the heirs of the deceased are one maternal uncle or one maternal aunt together with one paternal uncle and one paternal aunt from mother’s side, and paternal uncle and paternal aunt from the same parents or from father’s side, the property is divided into three parts, one part will go to maternal uncle or maternal aunt, and the remaining two parts will be divided into three shares, one share goes to paternal uncle and paternal aunt from mother’s side ( and based on obligatory precaution, they should compromise with each other in dividing it), and two shares will be divided between paternal uncle and paternal aunt from either the parents’ side or from father’s side.

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Paternal uncles inherit twice the share of the paternal aunts. Issue No. 2390- If the heirs of the deceased are several maternal uncles and maternal aunts who are all real or from father’s side or from mother’s side, together with paternal uncles and aunts, the property will be divided into three equal shares, two shares will be divided by the paternal uncles and aunts among themselves in accordance with the rule stated in the previous issue, and one share will be divided equally by the maternal uncles and aunts among themselves. Issue No. 2391- If the heirs of the deceased are the maternal uncle or maternal aunt from the mother’s side together with several maternal uncles and maternal aunts from the same parents or from the same father only and some paternal uncles and paternal aunts, the property is divided into three shares, two shares will be divided between paternal uncle and paternal aunt in the manner which was explained before, and as for the remaining one share, if the deceased has one maternal uncle or aunt from the mother’s side, then it will be divided into six parts, one part will be given to maternal uncle or maternal aunt from the mother’s side, and the remaining parts will be given to maternal uncle or aunt from the same parents or from the same father, and they will divide it among themselves equally. And if the dead person has several maternal uncles from the mother’s side, or several maternal aunts from the mother’s side or both of them, then that remaining one share will be divided into three parts, one part will be divided equally among maternal uncles and aunts from the mother’s side, and the rest will go to maternal uncle and aunt from the same parents or from the same father who will also divide it equally among themselves. Issue No. 2392- If the deceased has no paternal or maternal uncles or aunts the share of the paternal uncles and aunts will go to their children, and the share of maternal uncles and aunts will also go to their children. Issue No. 2393- If the heirs of the deceased are the paternal and maternal uncles and aunts of his father and the paternal and maternal uncles and aunts of his mother, his property will be divided into three shares, one share will go to the paternal and maternal uncles and aunts of his mother, (and they will, as an obligatory precaution, make a compromise in dividing it). And the remaining two shares will be divided into three parts, one part goes to the maternal uncle and aunt of the father of the deceased who will divide it equally among themselves; and the remaining two parts will be divided between the paternal uncle and aunt of the father of the deceased (the share of the paternal uncle is twice as much a the share of paternal aunt). Issue No. 2394- The share of the inheritance of paternal and maternal uncles and aunt (provided that they are all of the same father and mother, as they are often so) can be summarised as follows:

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One paternal uncle or one paternal aunt inherits the entire property. And if the heirs are several maternal uncles or several maternal aunts, they get equal share of the inheritance, and if there are both paternal uncles and paternal aunts, the paternal uncles get twice as much as paternal aunts. And if the heir is one maternal uncle or one maternal aunt, he/she inherits the entire property. And if the heirs are several maternal uncles or several maternal aunts, or both, the property will be divided equally. And if the heirs are paternal uncles and paternal aunts together with maternal uncles and maternal aunts, the paternal uncles and paternal aunts take two shares, and maternal uncles and maternal aunts take one share. Every paternal uncle gets double the share of every aunt, but the shares of maternal uncles and maternal aunts are equal.

Inheritance by the Husband and the Wife▲
Issue No. 2395- If one’s permanent wife dies and has no children, the husband inherits half of her property, and the remaining half is given to her other heirs. If she has children from that or another husband, her husband will get 1/4th of the property, and the remaining part will be inherited by her other heirs. Issue No. 2396- If a man dies and has no children, his permanent wife inherits 1/4th of his property, and the remaining part will be given to other heirs. And if he has children from that wife or another wife, the wife gets 1/8th of the property, and the remaining part will be inherited by his other heirs. Issue No. 2397- A wife inherits from all her husband’s movable properties but she does not inherit anything from the land on which a house or a garden or crop is situated or from any of her land, nor does she inherit from the value of such lands. She does not also inherit from the things situated within the space of the house (for example, buildings and trees), but inherits from their value. Issue No. 2398- If the wife wishes to have any right of discretion over things from which she does not inherit (for example, the land and the building of a house) she should obtain the permission of other heirs to do so. Further it is not permissible for other heirs to appropriate, without the permission of the wife, those things from which she inherits (for example, buildings), unless her share from those things has been paid to her by them. And if they appropriate before giving the wife’s share, the transaction will be in order if the wife gives permission, otherwise it will be void with respect to her share. Issue No. 2399- If one wishes to evaluate the buildings and the trees, and other similar things, it should be calculated as to how much its value would be if it was a rented property remaining on that land, the share of the wife should be given from its value. Issue No. 2400- The canals for the flow of water fall under the category of

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land, and the bricks etc. used for its construction fall under the category of building. Issue No. 2401- If a deceased has more than one wife, and if he has no children, 1/4 of the property and if he has children 1/8 of the property is divided equally between the wives in the manner explained above, even though the husband may not have had sexual intercourse with some or all of them. However, if he marries a woman during an illness as a consequence of which he dies, that woman will inherit from him if he had sexual intercourse with her. Issue No. 2402- If a woman marries a man during her illness, and dies in that illness, her husband inherits from her even though he may not have had sexual intercourse with her. Issue No. 2403- If a woman is given revocable divorce, in the manner explained in the rules relating to divorce, and she dies during the waiting period of divorce (Iddah), her husband inherits from her. Also, if the husband dies during the period of that Iddah, the wife inherits from him. However, if one of them dies during the period of Iddah of irrevocable divorce, the other one does not inherit from him/her. Issue No. 2404- If a husband divorces his wife during his illness, and dies before the expiry of twelve lunar months, the wife inherits from him on the fulfilment of three conditions: 1- That the husband died during the illness in which he divorced her on account of that illness. (In case, therefore, he recovers from that illness and dies owing to some other cause, the woman does not inherit from him). 2- If the woman did not marry after the divorce and the expiry of the waiting period (Iddah) of the divorce. 3- The divorce should not have been of the woman’s accord, and if it had been with her own accord, her inheriting from the deceased would be difficult. Issue No. 2405- The dress and ornaments and other similar things that a husband buys for his wife belongs to her, unless it is proved that he had not give them to her with a possessory intention, rather they had been lent to her for temporary use.

Miscellaneous Rules of Inheritance▲
Issue No. 2406- The Holy Qur’an, a ring, and a sword of the deceased and the clothes worn by him or the clothes which he had prepared to wear, are the property of the eldest son. And if out of the four things the dead person has left more than one for example, he has left two copies of the Holy Qur’an, or two rings and if he had been using all of them, then all of them belong to the eldest son.

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Issue No. 2407- If the deceased is indebted, and if his debt is equal to his property or more, the four things which were mentioned in the preceding issue do not belong to the eldest son, and should be given for the repayment of the debt. However, if his property is more than the debt, and his debt can be paid off and even substantial amount is also left for the heirs, then those four things should be given to the eldest son. Issue No. 2408- A Muslim inherits from a non-Muslim but a non-Muslim does not inherit from a deceased Muslim, even if he is his father or son. Issue No. 2409- If a person kills one of his relatives intentionally and unjustly, he does not inherit from him. However, if it was due to inadvertence, for example, if he threw a stone in the air and by chance, it hit one of his relatives and killed him, in this case he does not inherit, as a measure of precaution, from the diyah (blood money) for the killing. Issue No. 2410- If a deceased has a child in the mother’s womb and there are also, in its group, other heirs such as children and parents, at the time of dividing the inheritance, the shares of two sons should be set aside for the child in the womb. If the child is born alive, it inherits, and if, for example, one boy and one girl are born, then other heirs should divide the surplus amongst themselves. And if there is no other heir in the category of the child, and if it is born alive, it will inherit the entire property, otherwise it will be divided among other heirs.

Defence and Enjoining Good and Forbidding from Evil▲ Rules of Defence▲
Issue No. 2411- It is obligatory upon all Muslims to defend against the invasion of enemies upon Muslim countries and their borders. The rule of defence does not apply only to the country in which one is living. Rather, all Muslims of the world should defend one another against the aggression of aliens on Islamic countries or on their sanctities by way of giving generously their wealth or lives or any other means. And in doing so, it will not be necessary to obtain the permission of the Mujtahid. However, in order to organise and coordinate the defence programmes, it is necessary, if possible, that vigilant and trustworthy commander or commanders be appointed under the supervision of the Mujtahid. Issue No. 2412- If Muslims fear that the aliens have plotted to dominate the Muslim countries and gain hegemony over them directly, or indirectly through their agents inside or outside of the Islamic territory, it is obligatory upon all adult persons to stand up against them and use every available means to defend Muslim countries.

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Issue No. 2413- If there is fear that through the expansion of political, economical and commercial influence, the aliens might dominate Islamic countries, it is incumbent on all Muslims to stop their influence and cut off the hands of their agents. Also in establishing political relationship with non-Muslim countries, it is necessary that it should be in a manner that it would not result in the weakness and incapability of Muslims or their captivity in the paws of aliens nor should it result in economic and trade dependency.

Enjoining Good and Forbidding from Evil▲
Issue No. 2414- Amr bil Ma’roof (to enjoin good deeds) and Nahyi ‘anil Monkar (to forbid others from bad acts) are incumbent on all sane and adult persons on the fulfilment of the following conditions: 1- A person wishing to enjoin and to forbid must be sure that the other party is committing a haraam act or abandoning an obligatory act. 2- He should consider it probable that his enjoining good and forbidding from bad are effective, and it is immaterial whether the effect is immediate or slow, perfect or imperfect. Hence, therefore, if he knows that it would not have any effect, then it is not obligatory. 3- There should not be any mischief and harm in his enjoining good and forbidding from bad. Therefore, if he knows or fears that his enjoining and forbidding will harm his life or his reputation and honour or it will cause substantial financial damage to him or to some other faithful Muslims, then it is not obligatory to do so. However, if good deeds and bad acts are among the acts that are of paramount importance in Islam, like safeguarding Islam and the Holy Qur'an and the independence of Islamic countries or the protection of the essential rules of Islam, then in such cases, one should pay no heed to the harm or the loss and he should endeavour to guard and protect them by sacrificing his life and devoting his wealth. Issue No. 2415- If a Bid’at (innovation) is laid in Islam (like the mischief committed by some corrupt governments in the name of Islam), it is obligatory upon all Muslims especially the religious scholars (Ulama) to declare the right and to renounce the wrong. And if the silence of the scholars leads to degradation of the position of ‘ilm (knowledge) and if it may cause others to have suspicion towards the scholars, expressing the right, in any way possible, is obligatory, though they may know that it would not be effective. Issue No. 2416- If it is probable that silence may lead to an evil act becoming a good act and a good act becoming an evil one, it is obligatory upon all Muslims in general and religious scholars in particular to express and declare the truth, and silence is not permissible. Issue No. 2417- If the silence of the religious scholars or others leads

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strengthening or confirmation of the oppressor or causes him to be encouraged towards committing the forbidden acts, it is obligatory upon them to express the right and to renounce the wrong, though it may not produce an immediate effect. Issue No. 2418- If, by way of entering a tyrant and unjust government, some faithful Muslims (Momeneen) or the religious scholars can prevent the occurrence of mischief and corruptions, it is obligatory upon them to undertake such tasks. However, if it entails a more important evil, for example, it causes people’s beliefs to become weak or if it causes them to lose their confidence in the scholars, in this case, it is not permissible. Issue No. 2419- There are circumstances for enjoining good deeds and forbidding from bad acts some of which do not require the permission of the Mujtahid and some do. What does not require to get the Mujtahid’s permission is enjoining good deeds with the tongue and heart, and by way of giving advice or turning away one’s attention to the person concerned and cutting off relations with him, and if it does not help, it is permitted to stop the sinner with harsh and rough words which must be devoid of sin and it would also be permissible to use force or take away from him the means of committing sins. However, enjoining good deeds and forbidding from bad ones may require a person to resort to beating and wounding or destroying properties or doing acts worse than that, in this case, permission of the Mujtahid is necessary; no one is allowed to take such actions without his permission. In fact, the action itself and the amount and limits of it should be ascertained by the verdict of the Mujtahid.

Current Legal Issues▲ (Banking Transactions and Qarz ul-Hasanh (interest free loan▲
Issue No. 2420- The money which is deposited by people as current account with banks has the form of an interest-free loan (qarzul hasanah) to banks in which they may withdraw their savings in the bank whenever they wish to. However, it would be haraam to lay down a condition for interest while depositing the money and in that case, the loan is void too and the bank does not have the right of disposal over it. Issue No. 2421- People’s short term and long term deposits with banks and the interest which is given to them by the banks will be halal provided that it has been in accordance with the Islamic criteria and through Islamic contracts and

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agreements e.g. Muzaribah, partnership etc., and that the depositor should be sure or should consider it highly probable that, as an agent of the client, the bank carries out these agreements in an Islamic manner. However, if he is sure that these are only formal procedures and it is only on paper, that interest is haraam. Issue No. 2422- What people get from banks as loan etc. and repay an additional amount to them will be halal if the transaction has taken place in an Islamic way and if it is not based on interest. Issue No. 2423- If a person knows that there is both halal and haraam money in the bank but does not know whether the money he takes from the bank is from the haraam money or the halal money, there is no harm in taking it. However, if he is sure that it is from the haraam money, it is not permissible to appropriate it and the money is treated as a property whose owner is unknown, in which case, it should, as an obligatory precaution, be given as alms (sadaqa) in the way of Allah on behalf of its owner, with the permission of the Mujtahid. And in this issue there is no difference between domestic and foreign banks, government and non-government banks. Issue No. 2424- There is no harm in receiving interest from foreign and non-Muslim banks. However, it is haraam to get it from Muslim Banks. Issue No. 2425- There is no objection in bank or commercial drafts when a bank or a merchant takes some money from someone in a place and orders the bank or his agent in another place to pay him and he gets wages for the transfer of the money from the owner of the money. This transaction is halal, irrespective of whether the commission for the transfer is deducted from the transferred money or is taken separately from the owner. Similarly, if a bank or another institution gives some money to a person and orders that he should pay the money to the branch of the bank or to a particular person in another place, and if the bank or the institution charges some money as a commission for this transfer, there is no harm in it. Issue No. 2426- If mortgage banks and others give a loan with interest on it and get something as its mortgage, both the loan and the mortgage are void and haraam. And the bank has no right to sell the mortgaged property in order to get its own dues. And if someone buys it he cannot possess it. Issue No. 2427- There is no harm or problem in what the Qarz ul-Hasanah Funds (Boxes) usually get as commission and wages for rendering services like, maintaining and keeping the accounts of instalments, and such-likes. However, the obligatory precaution is that this amount should be in appropriate proportion to the services and expenses of the bank. Hence, one cannot take the interest or mark-up in the name of commission or wages for services. Qazul

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Hasanah Funds cannot lay down a condition for interest while giving a loan. For example, they cannot say that they will give a loan on the condition that the client should pay a work-wage. And if they are taking the wage, it should be something separate from the loan. Issue No. 2428- Some of the Qarz ul-Hasanah Funds invest their capitals in trade or production related activities so that they may earn part of their expenses or may make up for the losses they suffer in the process of giving loans. This is permissible provided that the owners of the money should have been informed and should have given their consents in this respect, and also the accrued income is used only for the expenses of the bank or the Fund.

Rules of Promissory Note and Cheque▲
Issue No. 2429- The promissory note or bill of exchange, which is current among the businessmen, is not real money and does not carry any value by itself, but it is used as a sort of evidence of loan. Hence, a transaction does not take place with it, and it is of two kinds: 1- The real promissory note that a debtor gives to the creditor against his debt. 2. The friendly promissory note that a person gives to another person, without having any debts against it, and he means that the second person can give the promissory note to a third person and after deducting some, he can get the rest as cash. Also, a cheque is of two kinds like a promissory note: 1- Real cheque which can be cashed within a period of time and it is used in exchange for a commodity. However, a cheque which is payable at maturity time can be sold back to the debtor or to a third person for a lesser price. 2 – Friendly cheque which is not in exchange for a debt, in which case, there is harm in selling it. Issue No. 2430- If a person exchanges “the real promissory note” for an amount less than that, for example, a $100.00 promissory note which is for a period of three months, he exchanges it for $90.00 cash, in other words, if a creditor sells a $100.00 note, which he has to realize from the debtor, for $90.00 in cash, there is no harm in this sort of transaction of promissory note and it is termed as ‘discount of the promissory note’. However, transaction on the friendly promissory note is not free of problem (harm), because no real debt is involved in it, and none of the ways suggested to solve this problem are free of problems. Issue No. 2431- One can refer to the person whose signature is on the promissory note. That is, if the promissory note giver does not repay his debts in due time, the creditor has the right to demand his dues from those whose signature appears on the promissory note. In fact, those who have signed the promissory note are the guarantors of the debtor. That is, if the debtor fails to repay his debt, the guarantors are under the obligation to pay it. (This sort of surety is technically termed as “addition of an obligation to another”, and as it

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was said in the rules regarding surety (Zamanat), it is in order.) Issue No. 2432- It is permissible to have foreign currency exchange transactions, i.e. one can exchange English pounds for American dollars, or French franc for German mark, etc., and there is no harm if it is less or more. However, if a person lends some money to another person whether it is in dollars or other currencies, he can ask him for the repayment of the same, and if he asks for more than that amount, it will be usury and haraam. And if someone lends a person some foreign currency, for example, some 100.00 German marks, and if he is forced to receive the money, for example, in Canadian dollars, then it should be calculated at the common and usual rate of the market. However, if the creditor himself consents to receiving less than that, there would be no problem.

Key Money Transactions▲
Issue No. 2433- Key money is the right of priority that a tenant gets on the property against the money that he pays to the landlord at the beginning. As per this transaction, the tenant who has paid key money in renting that property has the priority over others. Key money did not exist in the past but nowadays it is a common practice and it is in order under the following circumstances: The amount of key money should be known and the parties involved should perform the transaction on their own volition and accord. They should be adult, sane and mature, and they should know the meaning of key money and its necessities. Issue No. 2434- The landlord can lease his property to a person and in addition to the rent, he can take key money from him. In this case, he cannot lease the rented property to someone else, even though the period of the lease may have expired. However, if the first tenant who has paid key money agrees, the landlord can lease it to someone else. However, the first tenant has the right to transfer the key money of that property to someone else, and he may charge from the person to whom he hands it over, key money equal to or more or less than that which he has paid himself. Issue No. 2435- If the period of the lease of a property on which key money has been paid expires, the landlord is bound to lease it out to the same tenant or to anyone that the first tenant agrees, and the rent should be fixed fairly as per the view of a trustworthy expert. Issue No. 2436- After the expiry of a lease contract, a person, who has a property on lease and has not paid key money, has no right to reside there without the permission of the landlord, and if he does not evacuate it, he is a usurper and he is responsible for the property and liable to the owner for the rent, irrespective of whether the duration of the first lease is short or long, or

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whether the value of the property has gone up during the tenancy or not, and if a person takes the property on lease from this person, the lease is not in order, unless the landlord agrees. Issue No. 2437- If a person takes a property on lease by giving key money to its owner for a certain period, he can lease it out to someone else during his tenancy for the same amount of rent but he can get whatever amount of key money they (the first and the second tenants) agree with each other. The agreement of the owner of the property in the transfer of the lease is also a condition, and if this authority has been given to the first tenant from the beginning, there would be no objection to the transaction.

Insurance▲
Issue No. 2438- When it is agreed upon between government or an insurance company on the one hand and a policy holder on the other that the policy holder will pay a specific amount every month or every year and, in case he sustains loss, government or the Insurance company shall compensate him for it, such a transaction is called 'insurance'. And this is an indep