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Jurisprudence Made Easy

Jurisprudence Made Easy

Author:
Publisher: www.al-islam.org
English

Dialogue on Taqleed

Inaugurating the Dialogue on Taqleed, my father said:

- Let me first explain to you what is taqleed.

Taqleed is the following, by a lay person, of a Jurist in matters of religious practice. Thus, you apply the Jurist’s legal opinion (fatwa). It is as if you have put the responsibility squarely on the Jurist’s shoulders, in that he will stand accountable before Allah insofar as your compliance with his fatwa is concerned.

* Why do we do taqleed?

- By now, you know that The Creator is the source of The Law. He prescribed for you certain acts you should do and others you should not do. However, where to draw the line is not so clear-cut. That said, you may be able to know some of His commands and prohibitions, depending on your upbringing and environment at large.

As you may know, Islamic shari’a law has covered all aspects of your life. Thus, it has stipulated for each aspect a number of rulings. How are you going to know the demarcations of these rulings while you go about your life? How would you know what is halal to act upon it and what is haraam to shun it?

I wonder, do you have to resort for every incidence, be it minor or major, to the legal proof to be able to deduce a legal judgement?

* Why not?

- There is a yawning gap between your time and that of the early days of Islam. Matters have further been complicated due to the fact that many legal texts were lost; the language and writing style, and norms of expression have changed; the role of pseudo transmitters, who concocted many hadiths (Prophetic traditions) was damaging; this in turn has led to the problem of who is and who is not genuine among the transmitters of hadith. All these have made the process of reaching at a legal opinion the more difficult.

However, let us assume that you were able to ascertain the veracity of the transmitters of any legal text and that you were able to understand the meaning of the terminology used. Do you think that you would be able to discern the multifaceted and complex science of jurisprudence? And would you be able to arrive at what you need to understand?

* So, what should I do?

- You should turn to the experts in this field, i.e. the jurists, and derive what you need to know of legal judgements from them. That is, you emulate them. This is not the exclusive reserve of jurisprudence, rather the norm in every science and discipline. Modern civilization has it that you find the principle of specialized professions in every discipline that you turn to when in need.

Let us take an example. Let it be from the realm of medicine. Should you fall ill, God forbids, what would you do?

* I would consult a doctor and explain to him the symptoms of my illness. He could then prescribe for me the appropriate medicine.

- Why don’t you diagnose your illness and prescribe the medicine?

* I ‘m not a doctor.

- The same goes for jurisprudence. You need to consult a jurist to be able to know the bounds of Allah’s injunctions. You may need to seek his specialist knowledge in solving your legal problems, should you have any. This works in exactly the same way when you seek the specialist knowledge of the doctor and enlist his help in curing your illness.

Since you spare no effort in looking for an experienced doctor in his field of specialization, you will need to look for the most knowledgeable amongst the jurists to follow. This is so because you need his expertise to explain to you religious matters and show you how to act upon them as he sees fit.

* How would I know that a particular alim is a jurist, and whether he is the most erudite and the best in the field?

- Let me put it this way: How would you know that a particular doctor is the best in his field to trust his medical judgement?

* I would be able to know after asking those who are concerned with and experts in medical matters. I could also know him through his scientific prowess and widespread good reputation among the generality.

- Precisely! By the same means, you should be able to know the jurists or the most erudite among them.

You may ask a committed Muslim who is known to be of impeccable character, trustworthy, just, knowledgeable and expert in knowing the scientific level of people in a particular discipline.

Popularity of the jurist which sets him in a different league from his peers, so much so that this leads to certainty as regards his juridical prowess and knowledge, is another avenue.

* Are there any other conditions, apart from that of juridical excellence, that should be present in the jurist we should follow?

- He should be a man, adult, sane, believer, just, living not dead, of pure pedigree, and should not be prone to mistakes, forgetfulness, and inattention.

* Well. Here I am, a fully-fledged man. I now know something about taqleed. What else should I do?

- You should follow the most erudite among the jurists of your time. Act upon his fatwa in the different spheres of your life. They could be rulings relating to acts of worship, such as wudhu, ghusl, salah, sawm, hajj, khums, zakat and so on. You should also act upon his legal opinion in matters concerning transactions, such as buying and selling, marriage, banking, will, waqf, etc.

I joined my father in numerating many other examples:

* Enjoining good and forbidding evil, belief in Allah, His apostles and messengers and ..

- No, belief in God and His unity, the prophethood of our Prophet Mohammad (s.a.w), the imamate of the twelve Imams, and resurrection are matters outside the remit of taqleed. They are of the fundamentals of religion. A Muslim has to believe in them unequivocally, leading up to belief in Allah, using one’s own effort and what intellectual power Allah has instilled in you to reach personal satisfaction and certainty in the matter.

* Well. Do I have the right to follow a jurist who is less knowledgeable?

- You can, provided that you know of no difference in the fatwa of the jurist you follow and the most knowledgeable one in the questions you need to act upon.

* Suppose I chose to follow the most erudite among the jurists and it happened that he had no fatwa on certain matters concerning me, or he had a fatwa, but I was not aware of it, what should I do?

- You rely on the fatwa of the next most knowledgeable.

* What, if the rest were all of the same calibre insofar as juristic knowledge is concerned?

- You may consult the one who is more cautious than the others in passing judgement.

* Should they all be of the same degree of godliness and caution, what should I do?

- You may act upon the fatwa of any one of them, except in certain situations, where you should act according to ihtiyat (Precaution - a level of legal judgement) that I can’t explain to you right now.

* All right. If need be, I can consult the doctor to know his opinion on the state of my health. How would I know the fatwa of the jurist I follow so that I can act upon it? Do I have to consult him on every occasion?

- There are few ways by which you may know his fatwa. You may ask him directly. You may ask other people whom you trust. You may consult his books, especially his treatise on articles of religious practice (Risalah Amaliyah), if you were sure of the authenticity of the copy you have.

* If this is the case, I need not look beyond this house, for I cannot find a more trustworthy person than you. Can I ask for your help in knowing the fatwa of my religious authority (jurist)?

I could see a broad smile on the face of my father; he sat straight and the spark in his eyes was suggesting that we would begin a lively discussion.

* Shall we start with prayer.

- Why not! prayer, however, requires man to be ceremonially clean.

* So, what renders human beings impure?

- What renders humans impure are two things:

1. Material things, such as najis things, i.e. tangible matters.

2. Immaterial things that are contingent on certain actions; if done, you need to perform wudhu, ghusl, or tayamum to remove the impurity. These are things like janabah, haydh, istihadha (Undue menses), touching a dead body, etc.

However, before prayer, we need to know najis things. Also, we need to know the purifying agents to ensure the purity of the body from that which may have defiled it.

We can then stop over certain occurrences, such as going to the toilet, breaking wind, sleep, etc. that require wudhu or tayamum.

We may then resume the conversation on things such as janabah, haydh, nifas (bleeding that occurs after childbirth, miscarriage, or abortion), etc. that require ghusl or tayamum.

Thus, eliminating from our way all that which may forestall our effort to seek nearness to Allah through prayer. This may make us taste the joy of standing before God, and chanting His Glory and Praise. That we may draw solace and peace of mind from being in His audience, and singing His love and praise.

After those topics, we may turn to fasting, hajj, etc.

* So, we shall start discussing najis things.

- Yes, tomorrow. Inshallah (God willing).

* Inshallah.

Dialogue on Najis things

My father started the dialogue with determination, saying:

- Let me tell you of a principle, that will have an impact on your life, in that “Everything is tahir”. Everything: Seas, rivers, rain water, trees, sahara, mountains, streets, buildings, tools, utensils, clothes, your brethren, etc.

Everything is tahir, until it becomes najis or contaminated, except..

* Except, what?

- Except that which is intrinsically najis.

* What are the things that are naturally najis?

- Ten things:

1. and 2. Human urine and excrement. The urine and dung of animals that are not halal to eat, if they have ethereal souls, such as cats; [the urine of other creatures if they do not have ethereal souls, yet they have flesh].

* What is an ethereal soul?

- It is a term that we will come across often during this conversation. So, we better throw some light on it.

We may describe an animal as having an ethereal soul, if, when slaughtered, blood gushes out from its body because of the presence of arteries.

As for the animal that has no ethereal soul, the blood seeps out gently when it is killed, such as fish. This is because it has no arteries.

3. Meeta (carcass) of animals that have ethereal souls.

* What is meeta?

Any animal that perishes without being slaughtered according to Islamic shari’a law.

* Such as?

- Any animal that dies as a result of disease, accident, or was killed in an unlawful way. The carcasses of these animals are called meeta.

* When a human being dies, does his body become najis?

- Yes, except martyrs and those who performed ghusl before they are executed according to Islamic penal code.

* Do all other bodies remain najis?

- No, a Muslim’s dead body becomes tahir once three types of ghusl are carried out on the body, which I will explain to you in a forthcoming session.

4. Human semen and the semen of an animal with an ethereal soul, even of the kind whose meat can be consumed.

5. Human blood and the blood of animals with ethereal souls.

* What about the blood of animals who have no ethereal souls?

- It is tahir, such as fish blood.

6. All parts of a wild dog’s body whether alive or dead.

7. All parts of a pig’s body whether alive or dead.

* What about seals?

- They are tahir.

8. Alcohol [and beer].

9. The unbelievers, whether alive or dead, excluding Christians, Jews, and Magians.

10. The sweat of animals that feed on human excrement.

These ten things are all inherently najis. Their najasah (impurity) will render other objects najis by any means of contact, if there is dampness.

* What, if there is no wetness?

- The najasah does not spread to things that meet with it, when dry or if there was slight moistness.

* Are urine and dung of animals, and urine and droppings of birds, that are halal to eat, such as cows, sheep, chicken and other birds, etc. tahir or najis?

- They are tahir.

* What about bats’ droppings?

- They are tahir.

* Could you tell me about these parts of dead animals and birds: feather, mohair, wool, nails, horns, bones, teeth, beaks, and claws. Are they tahir?

- They are all tahir.

* What about meat we buy in the marketplace, if we find traces of blood in it?

- This blood is tahir, and the blood that remains in the carcass of the animal after it has been slaughtered, according to Islamic shari’a law, is tahir.

* What about the droppings of rats and mice?

- They are najis.

If you consider what I talked to you about, you could have answered this question yourself. You may recall our discussion earlier about animals that have arteries which cause blood to gush out when they are slaughtered.

The serene twinkle in the eyes of my father, I noticed at the start of this conversation, has reappeared. He glanced at me and added:

As you may remember, when we started this dialogue, I spoke to you of a general principle that could have an impact on your life. I will conclude it with more basic principles of equal importance.

Principle number one: Everything is tahir. If, however, you become doubtful whether it is still the case, you should rule out your doubt, i.e. it remains tahir.

* Such as?

- If you think that your bed linen is tahir, you may consider it tahir.

Principle number two: Any thing that was najis, and you are not sure whether you made it tahir, remains najis.

* For example?

- Your hand. You were absolutely sure that it was najis. If, afterwards, you became unsure whether you made it tahir, it remains najis.

Principle number three: Anything you do not have prior knowledge as to its state, i.e. being tahir or najis, it should now be considered tahir.

* For instance?

- A liquid in a glass, whose state of purity is suspect. That is, if you do not know whether it is tahir or najis, you should assume that the liquid is tahir.

Principle number four: Anything you are in doubt as to its being najis or not, as a result of coming into contact with some najis thing, you should not carry out any investigation, be it simple or not, to ensure it was tahir. You should assume that it is tahir.

* Such as?

- Suppose you were sure of your shirt being tahir. Now, some doubt lingers in your mind that it might not be the case. Maybe, you think it might have been contaminated with urine, in which case, you need not carry out any investigation; for instance, you start looking for traces of urine on the shirt. You should assume that it is tahir.

Dialogue on ritual purity (Taharah)

Before my father came to attend this session, I had been meditating. I was trying to find applications to the theoretical information, I gleaned from the Dialogue on Najis Things, in my daily life. In so doing, I might be able to rectify my misconception of najasah. I was eager to know from today’s session how purity is restored to things after they have been contaminated.

No sooner had my father arrived, I started by asking him:

* Yesterday, you told me that things become tainted if they meet with najasah. I wonder how lost purity is restored to these things?

- “The First” of purifying agents is water. By washing najis things with water, you render them tahir again. That is why we should start our discussion with water.

Water is of two kinds: pure and diluted.

* What is pure water?

- Pure water is that which we and animals drink, and irrigate plantations with. The water of oceans, seas, rivers, streams, wells, and that which we use at our homes through mains supply is pure water. For example, the water of rivers and brooks remains pure, even though it may contain some impurities, such as soil and sand.

* What then is diluted water?

- Diluted water is known by the additional name you give it to qualify the type of water. For example, you say rose water, grape water, melon water and so on. However, this is not a matter that concerns us. As you may have noticed, our discussion revolves around the water we drink and use to wash and clean things that became najis.

Moreover, pure water is of two types: immunized (mu’tasim) and that which is not immunized.

* Immunized! What precisely do you mean?

- Immunized water is that which does not become najis when najasah meet with it, except when either its colour, taste, or smell changes as a result. Water that is not immunized is that which turns najis as soon it comes into contact with anything najis, even though none of its three attributes is affected by the pollutant.

* Could you tell me more about immunized waters?

- 1. Abundant water that satisfies the capacity of a kurr (a unit of size, equivalent to 384 litres) or larger, such as the water connected to our homes through the water grid, the water of storage tanks installed in our homes, if they were of a kurr capacity, and smaller water storage tanks, if they were directly connected to mains water supply.

2. Well water.

3. Running water, such as that of rivers, tributaries, streams, and springs.

4. Rainfall.

These are the immunized waters.

* What then are waters that are not immunized?

- These are waters found in small reservoirs, utensils, bottles, tumblers, etc. that are stagnant, apart from well water that is less than kurr, and that which is termed “little water”. By now, you know they become najis on contact with najis things.

* What about diluted water?

- It is judged by the same criterion as that applied in the case of “little water”. However, it becomes najis on contact with najis things, irrespective of its quantity. An example of water that comes under this banner is that of tea. Liquids that may come under the same definition are milk, kerosene, medicinal liquids, etc. They turn najis when they meet with najasah.

Moreover, when “abundant water” is connected to “little water”, the latter can be regarded as abundant whereby it remains immunized as long as it is fed from an abundant source of water. To give you some examples, your domestic storage tank that is normally connected to water mains supply becomes abundant; likewise, if you placed a bowl or a saucepan under the running water of a sink tap, the water in it becomes abundant, and so on. That is, as long as the water remains running.

* Fine. What, if a drop of blood falls in the water of a tank the size of a kurr, that is not connected to the mains?

- It will not become najis, unless blood keeps dripping that the colour of the water changes to yellowish, for example.

* What, if it falls in a small plate?

- It will render it najis.

* What, if we turn the tap on, thus restoring the original purity of the water?

- The water in the plate will become tahir. [However, it will become najis again, if you turn the tap off. This is because, if the plate becomes najis, it becomes tahir only when it is washed three times], as shall be explained to you later.

* If we were to pour water from a pitcher, or watering can, onto something najis, does the water become najis?

- No, because najasah does not climb the water column. Accordingly, neither the cascading water nor the water in the can becomes najis.

* How would rain water render najis things tahir?

- When rain continues to fall on things that had become najis, be they floor, garments, mats, utensils, etc. in such a quantity that it soaks them, they become tahir.

* Is it sufficient that rain pours on such najis objects once to render them tahir?

- Yes, except in the case of the human body and garments that became najis through contamination with urine. They need to be washed a number of times. [The same goes for najis utensils].

* Does rain water render tahir other water that became najis?

- Yes, when they mix.

* How do we render tahir objects that had become najis, if we have little water?

- We can render tahir anything najis by washing it once with water, be it abundant or little. However, when washing with a limited quantity of water, you need to separate the water from the najis thing.

* Can all things that turned najis be rendered tahir in this way?

- Yes, except the following:

1. Cutlery that became najis through contamination with alcohol should be washed three times so that they become tahir again.

3. Objects that became najis through contamination by nursing babies should be rendered tahir by soaking the affected parts with water; there will be no need for wringing the garments, for example.

4. Utensils licked or lapped by dogs should first be scrubbed with soil or dust. They should then be washed with water twice. If, however, dog’s saliva falls in such utensils, or they meet any part of the dog’s body, [they should be wiped with soil first, then washed with water three times].

5. Garments contaminated with urine should be washed with running water once. They should be washed twice if the water used was that of taps, kurr, or little water; they should also be wrung. As for garments that became najis through other means, they should be washed with either little water and wrung or with abundant water without the need for wringing.

6. Restoring the purity of the body, that became najis by urine, should be done following the way outlined in the preceding paragraph. However, if the water was little, you should separate the water used for purification from the body as is customary.

7. If the interiors of utensils have become najis as a result of any source of najasah, other than those of alcohol, dogs, licking by a pig, death of a rodent, they should be washed three times with little water, or [three times too] with abundant water, running water, or rain water.

* What, if the interior of utensils become najis in the same way?

- They should become tahir again, if they were washed once, even with little water.

* How can I render my hand tahir after it has become najis, if I have little water?

- If it was not made najis through urine, you can pour water on it once. As soon as the water becomes separated from your hand, it becomes tahir again.

The Second purifying agent is the sun.

* What are the najis things, that the sun can render tahir again?

- It renders ground and buildings - apart from doors and other wooden material - straw rugs, not the strings used in making them, and bamboo mats tahir again. [Other things that are not covered are trees and their leaves, plantations, and fruits before they are picked, etc.].

* How does the sun render the floor and buildings tahir?

- It does so by drying them up, provided that the actual najasah is removed.

* What, if the najis ground was dry, how can we restore its original taharah?

- By pouring water on it. Once sun light causes the water to evaporate, it becomes dry and thus tahir.

* What, if the ground became tainted with urine, then the sun shone on it and it became dry?

- The ground restores its taharah, if no trace of urine was left.

* Suppose things like shingle, stone, soil, and mud, that are considered part of the earth, became contaminated with urine. They were then rendered dry by sun light. Should they be considered tahir?

- Yes, they should be considered tahir.

* What about nails used in buildings?

- [They are not covered by the same principle, i.e. they are not rendered tahir by sun light].

The Third purifying agent is the removal of najasah from certain parts of the human body, and those of animals, that have become contaminated.

* Could you give me an example?

- Removal of blood from the mouth, ear, and nose is a removal of the najasah.

In other words, as soon as the blood is removed they become tahir, i.e. there is no need to use water.

* What about an animal’s body?

- The same rule applies. For example, if the blood disappears from the beak of a chicken, or the mouth of a cat, the beak and the mouth should become tahir again.

* Does the needle, used in injecting medicine into the body of a human or animal, become najis as a result of meeting blood inside the body?

- No, it does not become najis, if it comes out uncontaminated with blood. This is because najasah does not materialize through meeting najis things inside the body per se.

The Fourth purifying agent is earth:

Whatever comes under the definition of earth, such as stones, sand, soil, flooring with bricks or cement - not tarmac, has a purifying quality. It is, however, conditional that the earth should be [dry] and tahir.

* How can I ascertain that it is tahir?

- As long as you do not know that it was najis, it is tahir, and therefore can be considered a purifying agent.

* What are the najis things that the earth renders tahir?

- The soles of feet and shoes are rendered tahir by walking or rubbing them against earth, provided that the material najasah is removed as a result of walking or wiping. It is to be noted, however, that the najasah should have originated from the earth, be it through walking or in any other way. [If it has come about from other sources, earth cannot serve as a purifying agent].

The Fifth purifying agent is the state of belonging or affiliation.

* For example?

- If the unbeliever, who is deemed najis, becomes a Muslim, he is rendered tahir. Subsequently, his young offspring become tahir. The same goes for the grandfather, grandmother, mother, and their young babies, after they have embraced Islam. This should be the case regarding the young child, as long as it is under the guardianship of those who converted to Islam. That is, the child should not be in the company of an unbeliever.

Also, if alcohol turns into vinegar it becomes tahir. As a result the bottle or glass that contains it becomes tahir too.

The dead body becomes tahir, when it undergoes three types of ghusl. As a result the hands and clothes of the person conducting the ghusl become tahir, and so does the bench on which the body was laid for washing.

If a najis garment was washed with little water, for instance, it would become tahir, and so would the hands that did the washing.

The Sixth purifying agent is Islam.

* How does Islam work as a purifying agent? And whom does it render tahir?

- Islam renders tahir an infidel who was deemed najis. That is, after he had embraced Islam.

Accordingly, all parts of his body become tahir.

The Seventh purifying agent is the absence of a Muslim who is adult or a discerning youth.

* What do you mean by the absence of a Muslim?

- The Muslim who is physically not around.

* How does his absence work as a purifying agent?

- When a Muslim is away, all his belongings should be considered tahir, if you think that he rendered them tahir.

* Could you give me an example?

Suppose the shirt of your brother was najis. He does not know whether it was najis or not. However, you may know it is the case, irrespective of whether or not he was a practising Muslim. Your brother has gone away and returned. To the best of your knowledge, your brother has rendered his shirt tahir, in which case, you should assume that the shirt be tahir, without the need to ask him.

The Eighth purifying agent is transfer.

* For example?

- Human blood that was sucked by a mosquito. If you had smashed the insect and your clothes became tainted with that blood, it is tahir.

The Ninth purifying agent is istihala (transformation).

* What is transformation?

- Transformation is a complete change of something to something else, not only by name, but also through change of its properties, or dispersal of its parts.

* Could you give me an example?

- If a najis wood, or the dried animal dung used in fire, is burned and subsequently turned into ashes, the latter is tahir.

The Tenth purifying agent is the blood trapped inside the carcass of animals slaughtered according to Islamic law.

The Eleventh purifying agent is the change of alcohol into vinegar because, while in the process of fermentation, it turns najis. If it turns into vinegar, it becomes tahir.

The Twelfth purifying agent is weaning the animal that developed a habit of eating human excrement. This is because the meat of such an animal becomes haraam to consume, so does drinking its milk. Its urine, dung, or droppings, and sweat become najis too.

* How do we achieve the weaning of this animal?

- It could be achieved by preventing it from eating human excrement for such a period that it could be said that it reverted to its natural self.

* If this was achieved, what then?

- We can then deem its meat, milk, etc… tahir.

Dialogue on Janabah

Unusually, my father was present before me for today’s session. When I joined in, at first my father did not notice my arrival. He was quiet and in a reflective far away mood.

As soon as he became aware of my presence, he said:

- I am starting today’s dialogue with an introduction to the topic of janabah.

In the Dialogue on Najis Things, we discussed impurities that strip the human body and other things off their natural purity.

In the Dialogue on Ritual Purity (Taharah), we talked about the purifying agents that restore to our bodies and those of other things their usurped purity.

You may recall, we said that najis things are material things that are transient occurrences eminating either from the body itself or from outside sources.

There are, however, other intangibles that, if they occur, render the body impure. It would, therefore, require that which could reinstate its lost goodness.

There are two types: Major and minor.

Major occurrences comprise janabah, haydh, nifas, major istihadha, touching a dead body, and death itself.

Minor occurrences cover urine, excrement, breaking wind, sleep, minor istihadha, etc.

Major occurrences are purified by ghusl or wiped off by tayamum.

Minor occurrences can be removed by wudhu or tayamum. Our future dialogues shall cover these aspects one by one. This time, however, we will discuss janabah.

I said to my father.

* How does janabah come about?

- It happens as a result of one of the following:

1. Seminal discharge that takes place as a result of either sexual intercourse, during a dream, masturbation, or any other means.

* What are the characteristics of semen?

- A sticky liquid that smells like dough. Its colour is milky with a hint of either green or yellow. It is ejaculated when orgasm is reached, after which the body feels relaxed.

* If you were not sure whether such liquid was semen?

- There must exist three characteristics for it to be called semen. They are: Sexual desire, ejaculation, and resultant relaxation of the body. In sick people, however, sexual desire is sufficient.

* Do women have semen as men?

- Yes, secretion from the woman’s vagina at the climax of sexual activity is akin to man’s semen. This could happen when the woman is either awake or asleep.

2. Sexual intercourse, irrespective of whether or not it led to ejaculation. It’s sufficient for sexual intercourse to be termed as such when only the part of penis that contains the foreskin is thrust into the female’s vagina.

* What if the semen is secreted or a sexual intercourse takes place?

- Janabah occurs to both parties, where applicabe, irrespective of age and state of mind.

* If this was the case, then what?

- Ghusl becomes obligatory, so that you can, for example, perform prayer, or do tawaf (Circumambulation - turning seven times around the Ka’ba) for hajj. That is, prayer and tawaf cannot be deemed valid without the ghusl. As for how to do ghusl, this I’ll explain to you in the Dialogue on Ghusl.

However, certain acts become unlawful if you are in a state of janabah, such as:

1. Touching the writing of the Holy Qur’an.

2. Touching the Name of the Almighty, i.e. the Arabic name, Allah [and other names and adjectives attributed to Him, such as “al-Khaliq” - The Creator].

3. Recitation of the four verses of “as-Sajdah” in Chapters “Iqr’a, an-Najm, as-Sajdah, and Fussilat” of the Holy Qur’an.

4. Entering mosques and/or staying in them, taking anything out or putting anything in them [albeit from the outside or when passing by]. It is permissible, however, for a person in a state of janabah to pass through, such as entering from one door and making an exit from another, except in the case of the Grand Mosque at Mekkah and the Holy Mosque of the Prophet at Medina. [The same rule applies in the case of the holy shrines of the Infallibles].

* Are the forecourts and corridors, when they are not considered part of the well-defined area of the mosque, covered by the same rule?

- No, they are not.

* Since we are on the subject of janabah, I still have a burning desire to ask you a question, but I feel rather embarrassed.

- Ask whatever you like. The maxim has it, “There shall be no embarrassment in matters of religion”.

* Sometimes, when I am sexually aroused, I notice a rather sticky, transparent and white liquid secreted from my penis.

- Yes, this type of liquid is tahir. You are, therefore, not required to perform ghusl or wudhu when you experience it. There is another type of secretion that sometimes follows urination. This too is tahir.

* What about masturbation?

- It is haraam. You must avoid it. It suffices to mention that, in some narrations, Imam Ja’far as-Sadiq (a.s.) “An acronym for Alaihis Salaam - meaning, may peace be with him”, described it as a form of adultery.

Dialogue on Haydh

My father took his seat. I could notice a broad smile on his face that led me to assume that he was bent on something unusual.

- I’ll talk to you today on haydh.

Before today, I did not know what haydh is, although I remember I hearing the word before. What had interested me in the subject was that I hear women whisper about it, with noticeable embarrassment, as if there was something shameful in the word. However, I do not hide a secret if I say that as soon as I was faced with a real situation of the subject being discussed in the open, a kind of shaming started to creep into me. I do not know why I was gripped with embarrassment. I resigned to the fact that if haydh was indeed so humbling a matter to talk about, how my father is going to discuss it with me?

Yet, aren’t we discussing matters of Islamic law? Surely, this topic should be within the remit of Islamic jurisprudence. So, why should we feel embarrassed to talk about it? Is it not mentioned in the Holy Qur’an? Didn’t the Prophet (s.a.w.) and the Imams (a.s.) talk about it to their companions. And after all, why should we feel a sense of shaming to talk about a subject whose rules we must know in order to follow?

My self-examination was short-lived as my father resumed his talk.

- Haydh is a bleeding from a woman’s genitals. It occurs at regular monthly intervals and whose colour is dark red. When it leaves the body, women can feel its warmth.

* Is there a certain age group of women who experience haydh?

- Although it varies from person to person, it can start at the age of nine lunar calendar years till the age of sixty, which is the climacteric.

* So, between 9 and 60 years?

- Yes, any blood that can be seen before the age of nine and after the age of sixty does not fall under the definition of menstral blood.

* How many days does the bleeding last?

- The minimum period is three days and the maximum ten.

* Suppose it lasted three days, then stopped?

- This cannot be considered period blood.

* What if it lasts more than ten days?

- This is not haydh blood.

* How should one treat the case of a woman whose haydh ended, then she had ghusl only to see blood again, say after nine days?

- The blood that the woman saw should not be treated as haydh blood, because the period separating any two periods should not be less than ten days.

* When does the woman consider herself as having a period?

- When she starts bleeding at the time of her temporary period, or before her regular period, say one or two days earlier.

* How should a woman be described as having a temporary period?

- She could be described as such when the period blood appears twice in any period of two months or more.

* How do you describe a woman who does not fit the two categories mentioned above, such as the young woman who experiences period blood for the first time, or a woman with an irregular period?

- A woman in any of the two examples you’ve just quoted can describe herself as having a period when one of the following two conditions arise:

1. For the blood to be termed as menstrual blood, it should be red or black in colour, warm, and could pour out profusely.

2. When the woman is sure the blood continues for three uninterrupted days and over.

* Well, suppose she thought that it was period blood according to point one. Accordingly, she stopped performing prayer. However, the bleeding stopped before the lapse of the three-day period. What should she do?

- She should perform prayer in lieu of the period of bleeding.

* If the bleeding continues for ten days or less, but exceeds the duration of her normal period?

- She can still be considered as having period throughout the duration of the bleeding, albeit some of the blood can no longer satisfy the conditions of period blood.

* What if the woman has regular periods, in both the number of days and the date of the period, yet the bleeding continues for more than ten days?

- She should observe the bleeding that coincides with the duration of her period only as that of menstruation.

* Suppose the same woman failed to have her period on time, then the blood appeared and continued for more than ten days. However, some of the blood bore the characteristics of period blood, some of it did not. Which one should be treated as haydh?

- The first one. Yet she should take into account the number of days of her previous normal period. If that part of the blood that fulfils the conditions of period blood was less than the number of days of a normal period, she should complete it by adding the remaining days of that part of the blood that did not satisfy the conditions of period blood. If, however, the bleeding she was experiencing satisfied the criteria of period blood, she should stick to the number of days of her normal period and consider it haydh.

* Should the bleeding continue for more than ten days in the case of a woman who either experiences bleeding for the first time or that whose period is irregular, how should they differentiate the period blood from other kinds of bleeding?

- All depends on the characteristics of the blood and the duration. If some of it bears the qualities of period blood and it continued for a period of three to ten days, should be treated as haydh. The remaining type of blood should be considered istihadha, which shall be the subject of a forthcoming session.

* If the woman was in doubt as to whether her period has ended, what should she do?

- She must check.

* In what way?

- She should insert a piece of cotton into her vagina and leave it for a short while and retrieve it. If no traces of blood could be seen, she must assume she is tahir, do ghusl and resume acts of worship. Should the piece of cotton, however, found to be soiled with blood, she must maintain that she is still in haydh.

* When the woman knows she has haydh, what are the things that are permissible for her to do and those that are not?

- The rules regarding woman’s periods are:

1. No prayers should be performed, be they obligatory or voluntary.

2. She is not required to perform any prayer instead of the ones she missed while she had the period.

3. It is not permissible for her to fast.

4. She must fast instead of the days she missed while she had the period during Ramadhan.

5. Tawaf during hajj, be it obligatory or voluntary is not in order.

6. She cannot be declared divorced while still having her period, except in certain situations.

7. It is haraam to have sexual intercourse with a woman who is having a period. It is permissible, however, after the bleeding had stopped. However, it is permissible before performing ghusl [and after washing the vagina].

8. It is haraam for her to embark on any act of worship, in the same way as certain acts are not permissible for a person who is in a state of janabah. This, as you may recall, was discussed in detail in the (Dialogue on Janabah).

9. When her period is over, she should perform ghusl in order to be able to perform prayer. This, I will explain to you in the (Dialogue on Ghusl).