Alhassanain(p) Network for Heritage and Islamic Thought

Contemporary Legal RulingsIn Shi'i Law

In accordance with the rulings (fatawa ) ofAyatullah al-'Uzma al-Sayyid 'Ali al-Husayni al-Seestani

Author(s):Ayatullah Sayyid AliHussaini Sistani

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Table of Contents

Dedication 5

Translator's Preface 6

A- 'Ibadat 8

Ritual Purity (taharah) 9

Major Ablution (ghusl) 10

Menstrual Bleeding (hayd) 11

Irregular Bleeding (istihadah) 12

Bleeding after Childbirth (nifas) 13

Ritual Prayers and Fasts 14

Friday (jumu'ah) Prayer 16

Qiblah 17

Imported Leather 18

Prostration 19

Crescent (hilal) 20

Traveller (musafir) 21

Boundaries of a City 23

Exhumation of Grave 24

Khums 25

Charity 26

Hajj 27

B - Mu'amalat 28

1. Interest (Riba) 29

Credit Cards 30

Buying and Selling Shares 31

Insurance Policies 32

Copyright 33

Found Property 34

Working, Selling or Presence in Places that Sell Non-Ritually Slaughtered Meat, Alcoholic Beverages and Pork 35

Shopping 37

Imported Meat, Fish, Cheese and Gelatine 38

Meat from Muslim Markets 40

2. Marriage And Divorce 41

Masturbation 42

Sexual Fantasy 43

Looking at non-mahram Women 44

Mixed Swimming Pools 45

Statues, Portraits and Films 46

Hijab 47

Beard 48

Cosmetics 49

Miscellaneous Rulings Pertaining to Women 50

3. Rights Of Parents 51

Gifts for New-Born 52

Disciplining Children 53

4. Organ Donation 54

Post-Mortem Examination 55

Artificial Insemination 56

Abortion 57

Contraception 58

Vasectomy and Tubectomy 59

Genetical Analysis 60

Medication 61

Buying and Selling Blood 62

Medical Examination 63

Medical Students 64

Smoking 65

5. Music 66

Dancing 68

Clapping 69

6. Lottery 70

Chess, Backgammon, Wrestling and Boxing 71

7. Magic 72

Inviting Souls 73

Exploiting the Angels 74

Asking for Intercession 75

Gossip 76

Stealing, Cheating and Deceiving 77

Greeting Non-Muslims 78

Glossary 79

Dedication

Please reciteSuratu -l-Fatihah for

Marhum Haji Mohamed-Taki Shermohamed Nasser

uncle of

Haji Hussainali Abdullah

Those who have faith and do wholesome deeds - themWe shall admit to gardens (jannat ) beneath which rivers flow, therein dwelling forever and ever - Allah's promise in truth.And who is truer in speech than Allah?

(Qur'an, 4:122)

Translator's Preface

Bismihi Ta'ala

The Qur'an and the corpus ofhadith literature constitute a comprehensive legal resource thatis invoked to regulate the various aspects of a Muslim believer's life. New situations and contingencies have prompted the experts in the field to delve into the sources and to devise methodological devices inusul al-fiqh to enable them to deduce fresh juridical rulings (fatawa ) in order to deal with novel problems and issues. Consequently, the door of independent research (ijtihad ) -- deducing legal rulings in the area of human-divine ('ibadat ) and human-human (mu'amalat ) relationships -- has remained open in theJa'fari /Shi'ah Ithna 'Ashari /Imami school of thought. This is not a peculiar feature of theJa'fari school, and itis presently being argued in Islamic scholarship that, contrary to the commonly held opinion, the gate ofijtihad was not considered closed by Sunni jurists of the 4th/10th century.

This work contains the translation of a selection of new legal rulings that are based on the opinion of the eminent juristAyatullah al-'Uzma al-Sayyid 'Ali al-Husayni al-Seestani , who resides in Najaf, Iraq, and is the point of reference, ormarja ', for a good part of theShi'ah Ithna 'Ashari community of believers, who revert to him for guidance. Three of his works, Al-Fatawa al-Muyassarah (FM), al-Mustahdathat min al-Masa'il al-Shar'iyyah (MMS) andMinhaj al-Salihin , vol. 1 (MS) were used in compiling the list of questions/answers and organizing them under appropriate subjects. The source is clearly marked in regular brackets after the response to each question to facilitate easy reference to the original Arabic text.

The questions and answers in FMwere formulated by the compiler in the form of a dialogue between a father and his son. Subsequently,they were sent by him to the office ofAyatullah Seestani in Najaf, Iraq for verification and approval. The legal responses in MMSare derived from the questions that were posed by laypersons to the jurist for his legal opinion. The third source, MS,was composed byAyatullah Seestani and takes the form of an enumeration of his rulings on various issues.

Translating a work of this sort is a challenging enterprise and oneis torn between remaining faithful to the original text and being idiomatic.I have opted for the former at the expense of smooth and flowing sentences, and as a result, the reader will find that some of the sentences are stilted and unidiomatic. Regular bracketshave been inserted to clarify the meaning of a sentence or to insert the Arabic term for the English equivalent. The square brackets are part of the original Arabic text.Also , a Glossary is appended at the end of the booklet to aid those who are unfamiliar with the Arabic terms.

I am deeply grateful toSyed MohammadGhassemi for the enormous help and assistance that he extended to me in translating this work.I also acknowledge my gratitude to Br.Khaleel Mohammed for reviewing the translation draft and offering pertinent suggestions for its revision. I extend my deep appreciation to Prof.Abdulaziz A.Sachedina who agreed to review this work and provide expertadvise under short notice, in spite of his busy schedule and time constraints. Profound thanks to Prof. Ali al-Oraibi of University of Bahrain for meticulously comparing the Arabic text with the translation draft for accuracy and fluency. Amendments that they proposedhave been incorporated to enhance the quality of this work. Every efforthas been made to be as precise and accurate as possible. As for any inadvertent errors in the translation that may have slipped by,I alone am responsible.The logo that appears is designed by Br.Azeem Ali Amir , and I extend to him my gratitude.

I trust that this work will be useful to those who are not literate in Arabic and are confronted with the contemporary issues that are dealt with in this booklet. Itis also hoped that the work will be of benefit to the academic community in obtaining a Muslim jurist's perspective on modern ethical questions and dilemmas.

wa bi-l-laahi -t-tawfiq ,

Hamid Mavani

Montreal

October 1996 / Jumada-l-Akhirah 1417

A- 'Ibadat

Ritual Purity (taharah )

Q1: It often happens thatI shake hands with someone while my hands are wet. I do not know whether the one with whom I shook hands is a Muslim or an unbeliever (kafir ), who isnot regarded as ritually pure (tahir ). Is it obligatory forme to ask him in order to make sure?

A: Certainly not. It is not obligatory for you to ask him. You maysay "the hand with which I touched his hand was ritually pure." (FM, pp. 398-99)

Q2: A university student, businessman, tourist or some such person travels to a non-Muslim country, say, Europe, such that scarcely a day passes without direct contact with its Christian and Jewish inhabitants, with the attendant moisture exchange in the cafe, or at the barber shop, doctor's office, dry cleaner's, etc. making it difficult to count (the places). What should he do?

A: He should assume the ritual purity of their bodies as long as he does not know that their ritual impurity (najasah )was acquired from an external source. (FM, p. 399)

Q3: If I move into aplace which was inhabited before me by people who are not judged to be ritually pure, is it correct for me to consider everything ritually pure?

A: Yes, consider everything ritually pure if you do not know or are unsure of its ritual impurity. (FM, p. 399)

Q4: Anelectrically-operated washing machine can dry clothes, after the water supply is cut off from it, due to the power of spinning rather than squeezing. Is that enough for their ritual purification (tathir )?

A: Yes, that is enough for their ritual purification. (FM, p. 398)

Q5: Some people throw newspapers, magazines and some respected books in the garbage, although they contain some verses of the Qur'an or names of Allah (s.w.t .).

A: This is not permissible and it is obligatory to take them out of such places and to purify them if they havecome into contact with some ritual impurity. (FM, p. 419)

Q6: Some types ofsoap which are imported from outside contain lard in their ingredients but at the end, only 5% remains in them. In that case, is the ruling of transformation (istihalah ) applicable (to it) and (is the soap) ruled to be ritually pure, or does it remain ritually impure?

A: It remains ritually impure. God knows best. (MMS, p. 17, Q17)

Q7: What is the ruling on blood that coagulates under the fingernail, this being the result of a blow or some other cause? This blood then moves gradually to the outside and it is not possible to remove it. Is this blood ritually impure or ritually pure?And how is it treated if it is considered ritually impure?

A: If it does not change (into something other than blood), it is tobe considered ritually impure, and it is obligatory to remove it if there is no difficulty in doing so.But if it presents a problem, then that which seems apparent is to substitutetayammum forwudu ' andghusl . God knows best. (MMS, p. 21, Q33)

Q8: Some food items given to poultry are mixed with 30% pigbones which helps the chicken gain weight at the rate of about 2 kg in 40 days. What is the ruling on this and is there any objection to it?

A: This precludes neither the permissibility of consuming its meat nor its ritual purity, if itis slaughtered in the Islamic manner.But it is preferable to keep animals away from these food items. God knows best. (MMS, p. 27, Q50)

Major Ablution (ghusl )

Q9: What is the ruling on someone who performs one of the obligatoryghusls and, after completing theghusl or a few hours thereafter, he finds something that prevented the water from reaching a finger of his left hand or a toe of his left foot. Is he obligated to repeat theghusl of the entire left part, or is it adequate to wash only that spot with the intention ofghusl ?

A: It is enough to wash that spot only and, based on obligatory precaution, he should combine it withwudu ' if ahadath has taken place during that time. God knows best. (MMS, p. 19, Q25)

Menstrual Bleeding (hayd )

Q10: A woman has regular periods and on the seventhday she is free of menstrual blood.But after relations with her husband, blood returns and continues until the tenth day and then stops. In this case, is there any sin or is expiation obligatory for her?

A: There is no sin on her part and no expiationis needed in the hypothetical question. God knows best. (MMS, p. 20, Q28)

Q11: If a woman with regular menstrual cycle notices, during 2 or 3 days of her cycle, intermittent blood which has none of the characteristics ofhayd . Then, she sees blood with the characteristics ofhayd for 5 days -- which altogether makes7 (days). What is the ruling on her?

A: The intermittent blood is nothayd because the minimum number of days for it to behayd is 3 days. However, what she sees in the 5 daysis considered hayd . (MMS, p. 35, Q73)

Irregular Bleeding (istihadah )

Q12: Is a woman with light (qalilah ) or moderate (mutawassitah ) bleeding (istihadah ) obligated to perform thewudu ' between two prayers even if no blood is found between them (the prayers)?How abouttawaf and its prayer?

A: It is not obligatory, assuming that the blood has stopped and the cottonwas not stained by it. (MMS, p. 21, Q31)

Q13:Is a man permitted to have relations with his wife after hernifas period lasting 10 days has ended, while being aware that blood continues, with the characteristic ofistihadah , to flow from her for more than 18 days?

A: It is permissible, although it is preferable to take precautions from the 10th until the 18th day. (MMS, p. 20, Q29)

Bleeding after Childbirth (nifas )

Q14: Isnifas applicable only upon giving birth?Or is it deemed to occur simply because of a delivery, regardless of whether it is full-term or not -- such as the miscarriedfoetus with a soul or without a soul, or the miscarriedmudgah (lump of flesh) or 'alaqah (blood-clot)?

A: The ruling ofnifas between a full-term creation and others to which the term "birth"can be applied do not differ in their implementation. As for the blood that exits with themudgah and 'alaqah , applying the ruling ofnifas to them is problematic, rather forbidden. (MMS, p. 21, Q30)

Ritual Prayers and Fasts

Q15: Is it permissible for a person to delay his prayers from their earliest time by participating in the commemoration ceremonies (majalis ) of (Imam)Husayn established during the ten days of Muharram?

A: It is permissible, but it is best to perform the prayers at their earliest time, and the organizers of themajalis ought to arrange them in such a way as to avoid conflict with the performance of prayers at their earliest time. (MMS, pp. 35-36, Q74)

Q16: Is it permissible for a person who wakes up a few minutes before the time ofmorning prayer to go back to sleep if he knows or considers it a strong possibility that he will not wake up again before sunrise?

A: If thisis considered a sign of contempt or trivialization with regard to prayers, then it is not permissible. (FM, p. 400)

Q17: A woman is performing prayer and she is unaware that some of her hair is outside of her head-cover. Is it obligatory forme to inform her of this during or after her prayer?

A: Certainly not. It is not obligatory for you to inform her. Even if she does not become aware of it until her prayer is complete, her prayer will be valid.If she becomes aware of it during (the prayer) and hastens to cover it (her hair), again her prayer will be valid. (FM, p. 400)

Q18: What about another (woman) who offers prayer while the upper part of her feetare exposed.

A: This is permissible for her since itis allowed for the upper part of the feet and the soles to be exposed in prayers. (FM, p. 431)

Q19: What is the ruling on a person who used to pray and fast but committed several mistakes in the major ablution (ghusl ). He isabsolutely sure now that some of his previousghusls were void, but he does not know how many. As aresult he is not aware of how many invalid prayers and fasts he offered with them.

A: His fasts are valid even if hisghusl is invalid. However, it is obligatory for him to offerqada of all the prayers he offered with the invalidghusl . If he is unsure about the minimum and the maximum, he may limit himself to the minimum. (FM, p. 399)

Q20: A person fasts in the month of Ramadan for several years and he does not know, due to ignorance, that theghusl ofjanabah is obligatory, so he does not performghusl .

A: His fast is correct and no expiation (kaffarah ) is obligatory for him. (FM, p. 402)

Q21: Some allergy sufferers use anapparatus which we call an "inhalator" to assist them in easy breathing. After its placement in the mouth and pressing it, this apparatus emits what is like pressurized gas.Can this apparatus be used at the time of fasting?

A: Yes. One who uses this (apparatus) remains on his fast and his fast is valid. (FM, p. 402)

Q22: Food or serum in a plastic bag containing water, sugar and some medication is administered to a patient by injection directly into the blood -- due to sickness or some other reasons such as to provide nourishment. Is the fasting person obliged to avoid it?

A: It is not obligatory, although it is more appropriate (for him) to do so. (FM, p. 403)

Q23: Is it permissible to offer meals to those who are not fasting -- that is, those with and without an excuse for not fasting in the month of Ramadan -- whether in restaurants or in homes, if this offering is not considered disrespectful to the sanctity of the noble month?

A: It is permissible (to offer meals) to those who have an excuse (for not fasting) [but not to the others]. (FM, pp. 402-3)

Friday (jumu'ah ) Prayer

Q24: Does performing Friday (jumu'ah ) prayer compensate for noon (zuhr ) prayer or not? Is Friday prayer superior to the noon prayer?

A: Performing Friday prayer in such a way that all appropriate conditionsare fulfilled , according to theshari'ah , is superior to performing noon (prayer). If themukallaf performs it (Friday prayer) as such, then it (Friday prayer) replaces it (zuhr ). (MMS, p. 11, Q5)

Q25: Is one entitled to object to the holding of Friday prayer by claiming that themarjas of the Muslims in Najaf and Qum do not establish it, while knowing that in the city in which themukallaf resides, most of the residents perform Friday prayer on the basis of theirfiqh ?

A: One is not entitled to do that. As for non-holding of Friday (prayer) by themarjas , who are of the opinion that it (Friday prayer) is superior tozuhr (prayer) and the former replacing it (zuhr ), may be due to personal excuses or thelike. This does not prevent others from establishing it (Friday prayer). God knows best. (MMS, p. 12, Q6)

Qiblah

Q26: The views of theulama differ regarding the (direction of the)qiblah from New York and similar places in North America. Can you explain in some detail how we are to face theqiblah from there?

A: Facing theqiblah from distant places which have the curvature of the earth between them and the reveredKa'bah is determined by the parallel lines that commence from the front of the body of the person praying and the lines of curvature that arch around the surface of the earth in the direction of the reveredKa'bah , in such a manner that the lines end there (theKa'bah ), even if it is only by probability. The direction of the linesmay be established on a globe by connecting the position of the person praying to the reveredKa'bah by a thread -- ensuring that it remains on a direct course, rather than veering left or right. According to our tests, the direction of this thread from areas such as New York in North America is to the East, yielding to the North by the degree indicated by the aforementioned thread.

As for those who say that Mecca lies beneath the 22nd parallel, New York falls above the 40th parallel, and this requires that the person in New York must face the direction of the honoredKa'bah by bearing to the South rather than to the North, the answer to this is as follows:

This holds true if one uses a flat map as opposed to a global one. The change in the direction of the abovementioned thread on a global model is a result of the portions lying between the two points, if itis viewed in relation to the North and South poles.The support for this is that, if we neglect and do not take into consideration the four cardinal points on the globe, and we turned around a global map putting Mecca in the summit, as if it were the North Pole, we would observe that the direction of the abovementioned thread (in a situation for a person in New York) would be exactly the same as that obtained by the earlier mentioned thread. The person in New York who wants to face the direction of the reveredKa'bah must take this direction and not veer towards the right.

In short, in our opinion, what is more likely in the method of facing the direction is as explained in the foregoing. It is clearly the better position also with regard to the necessity of observing the imaginary line that passes through the earth directly between the position of the person praying and theKa'bah . Since it is not possible to face the direction of this (imaginary) line during prayer, it is necessary to follow the direction of the line of curvature parallel toit, and which goes over the surface of the earth . The parallel line just mentioned is the same as that which we already pointed out, whose direction from New York is towards northeast. Even so, however, the prayer of a person facing southeast would be valid if he is acting on a firmshar'i proof in his possession to that effect. God knows best. (MMS, pp. 9-11, Q1)

Imported Leather

Q27: A man is wearing a watch whose strap is made of natural leather imported from a non-Muslim country and he does not know whether the leather is from the skin of an animal slaughtered in the Islamic manner or not. The belt on his pantsis made from the same kind of leather. Does he have to remove them when he intends to offer prayer?

A: His prayer is valid with them as long as there is a strong probability that the strap or the belt is from the skin of an animal whose flesh is edible and thatwas slaughtered in theshar'i manner. (FM, pp. 397-98)

Q28: What about a wallet placed inside the pocket during prayer if it is made of the same leather as the strap previously mentioned?

A: Oneis permitted to offer prayer with it. (FM, p. 398)

Q29: Suppose that he is confident that the strap or the beltis made from the skin of an animal that was not slaughtered in the Islamic manner but he prays with it due to forgetfulness and then remembers while praying, and immediately removes his watch or belt.

A: His prayer is valid unless his forgetfulness is due to carelessness and not giving due importance to the matter [in which case he is obliged to repeat his prayer]. (FM, p. 398)

Prostration

Q30: SometimesI intend to pray and there are some white pieces of paper in my pocket. Is it permissible forme to perform prostration on them?

A: Yes, it is permissible for you to prostrate on them if they are ritually pure and made out ofwood-pulp or similar material on which prostration is permissible. The same rule applies if they are made of cotton or linen. (FM, pp. 399-400)

Q31: . prostration on cement?

A: Likewise, it is permissible for you to prostrate on it. (FM, p. 400)

Q32: I listen to a tape recorder,radio or television emitting the voice of areciter of the Qur'an, reciting a verse which demands prostration. ShouldI prostrate?

A: Certainly not. You are not obliged to prostrate yourself except when you hear it (the verse) from thereciter himself, not on his recorded tape. (FM, p. 400)

Crescent (hilal )

Q33: If I attain personal confidence that the astronomical calculations on the birth of the crescent (hilal ) announced by the experts are correct, can I, relying on my confidence, confirm the first of the month andfast, or for theEid and break my fast?

A: Confidence in the birth of the crescent and its visibility is of no consequence; rather, the actual sighting has tobe confirmed by yourself or someone else. Yes, it is enough to confirm the actual sighting in another city if it shares the horizon of your city, such that a sighting in that city would necessitate a sighting in your city, if there were no barriers such as clouds, dust, mountains, etc. (FM, p. 403)

Traveller (musafir )

Q34: A student, worker or employeestudies or works in an area situated at more than 22 km from his city. He goes daily to his workplace and returns to his city, and there is a possibility that this will continue for a year or more. What is the ruling in this case with respect to his prayers and fasts (siyam )?

A: He should offer complete (tamm ) prayers and observe the fasts. (FM, pp. 400-401)

Q35: What if he were to travel three or four times a week during the year, not because his job demands travelling, but for other purposes like sight-seeing and tourism or for treating a patient, visiting the shrines of the Imams (a.s .), etc. What is the ruling on his prayers?

A: He should perform complete prayers and observe the fasts,since, given his situation he is considered a frequenttraveller according to convention ('urf ). If he were to travel twice a week and stay five days in hishometown [then it is obligatory for him to offer both the short (qasr ) and the complete (prayers); and, in the month of Ramadan, to combine observance of the fasts in it (Ramadan) and theirqada after it]. (FM, p. 401)

Q36: Amukallaf offersmorning prayer in his city and then travels in a westerly direction. He arrives in a city in which the dawn has not yet appeared and then emerges.Or , he offers noon prayer in his city and then travels by air, arriving in a city where the sun has not begun to go down (noon), and only later begins its descent.Or , he offers the evening prayer in it (city), then travels to a city where the sun has not yet set, and then sets. Is he obliged to repeat the prayer in all these hypothetical situations?

A: There are two perspectives. It is a better precaution (to repeat the prayer), although apparently it is not (obligatory to repeat it). (MS, p. 464, Q81)

Q37: What is the ruling for a person who travels after noon (zuhr ) during the month of Ramadan while fasting?

A: [He should complete his fast] and there is noqada on him. (FM, p. 401)

Q38: And if he travels before noon, having intended to do so and decided on the trip the night before?

A: [There is no fasting for him on this day]. He will break his fast after reaching thehadd al-tarakhkhus and he is obligated to offer itsqada after that. (FM, p. 401)

Q39: What if he travels before noon but did not intend to travel and had not decided on it the night before?

A: The same ruling applies as in the previous case (Q38). (FM, pp. 401-2)

Q40: A traveler in the month of Ramadan returns to his hometown or place of residence after noon. Is it obligatory for him to abstain (from things that render a fast void) in the remaining part of the day?

A: It is not obligatory for him although it is more appropriate to abstain for the rest of the day. (FM, p. 402)

Q41: What if he returns before noon and has broken (the fast) on his trip?

A: The ruling is as previously mentioned (Q40). (FM, p. 402)

Q42: What if he returns to his hometown or place of residence and arrives before noon without breaking the fast on his trip?

A: It is obligatory for him to make the intention to fast and abstain from things that render a fast void for the remaining part of that day. In that case, there is noqada on him. (FM, p. 402)

Q43: What about one whose duty it isto fast while travelling. After dawn has appeared in his city, he travels by air with the intention to fast. He arrives in another city where the dawn has not yet emerged.Is he permitted to eat, drink, etc.?

A: Apparently, it is permissible. (MS, p. 466, Q85)

Q44: What about one who travels from his city in the month of Ramadan after noon and arrives in a city where the sun has not begun its descent. Is it obligatory for him to abstain (from things that break the fast) and complete his fast?

A: That is a better precaution. (MS, p. 466, Q86)

Q45: If a fasting person in the month of Ramadan travels by air in a westerly direction aftermaghrib -- without breaking (iftar ) his fast in his city -- and arrives at a place where the sun has not yet set, is it obligatory for him to abstain from things (that break the fast) untilmaghrib ?

A: Apparently, it is not obligatory although it is a better precaution. (MS, p. 464, Q80)

Q46: What about one whose duty is to fast while travelling. If he travels from his city, in which the crescent of Ramadanhas been seen , to a city where the crescent has not yet been seen because of a variation in their horizon?

A: He is not obligated to fast on that day. (MS, p. 466, Q87)

Q47: What if he observes theEid in a city in which the crescent of Shawwalhas been seen , and then travels to a city where the crescent has not been seen due to a variation in their horizon?

A: It is a better precaution for him to abstain (from things that break the fast) for the rest of the dayand, also, to observe itsqada . (MS, pp. 466-67, Q87)

Boundaries of a City

Q48: There are extended cities with adjoining borders andsides which, in the past, were reckoned to be separate cities, but after prosperous growth, became one city. Do you regard them as one or several cities? A person travels from the farthest point in the East (of the city) with the intention of travelling to another place, and the time for prayer comes when he is at the farthest westerly point (of the city). He wishes to pray. Should he prayqasr or does he pray complete?And similarly , if he returns from a journey to the outskirts (of the city), and the time for prayer comes, does he prayqasr , or complete?What about the person who is fasting, and leaves (the city) or returns to it?

A: The hypothetical cities all count as one. Therulings of separate cities does not actually apply to this case. True, the rule with respect to computing the distance is from the point at which the term "traveller " (musafir )becomes applied to someone. Were this city truly one of the larger cities and the term ("traveller ")is applied upon the exit of a person from his zone or area of residence, even if it is deemed to be inside the city, then the ruling of "traveller " applies on him.And the distance would be computed from this point, which is consideredhadd al-tarakhkhus with respect to that person. If the term ("traveller ") does not apply to him unless he leaves the (larger) city, then the last region of the city is tobe counted as the beginning for distance measurement with respect to him. God knows best. (MMS, p. 32, Q64)

Exhumation of Grave

Q49: Is it permissible to excavate the grave of the deceased if it doesnot entail disrespect for the deceased?

A: It is not permissible except for special purposes thathave been explained in the books offiqh , such as cases of dire necessity. (FM, p. 420)

Q50: In a previous question (Q26), we informed your eminence about the differences among the Muslims regarding the direction of theqiblah . What is the ruling on one whowas buried facing a direction adopted at the time of burial and then (the direction) was changed after the burial, given that exhumation and identification of those buried in the previous direction or the new direction would entail great hardship?

A: In response to the question, it is not obligatory to execute the change. (MMS, p. 11, Q2)