Alhassanain(p) Network for Heritage and Islamic Thought

Dialogue on economic activity

If you want to take to trade for a profession, get a clear picture of your religion.

With these words, my father inaugurated today’s dialogue and carried on, quoting Imam Ja’far bin Mohammad as-Sadiq as saying:

Whomsoever wants to make a living out of trading, must be conversant with matters of religion, so that they can draw the line between halal and haraam. Whoever entered into the arena of trade without acquiring an insight into religious knowledge, could easily fall into the trap of judicial error (shubuhat).

Many people may experience problems because of being either unaware of it, or choosing to ignore it; thus, committing error of judgement.

Since I am still not able to outline the relationship between fiqh (jurisprudence or religious knowledge) and trade, I asked my father:

* What is the connection between acquiring religious knowledge and trade?

- Well, The Lawgiver has catered for the handling of all aspects of our economic life, guaranteeing equity, the good utilization, distribution and transfer of wealth between all sections of society. The ultimate objective of this is the public good and welfare.

It is, therefore, quite natural that, in order for The Lawgiver to apply His economic principles, He to devise a number of parameters to permit or forbid certain economic activities at times, and make difficult or easy certain avenues at other times.

The Lawgiver, thus, obligates the mukallaf to earn a living to maintain himself and his dependants, such as wife, children, and parents.

In so doing, The Legislator does not leave the door open for the bread winner to practise any work he chooses, for there are many economic activities that are forbidden.

* For example?

- Handling intoxicants is haraam.

Selling dogs, except hunting dogs, is haraam.

Selling pigs is haraam.

Selling the carcasses of animals which have not been pausfully slaughtered, including their meat and leather, is haraam.

Dealing with usurped property is haraam.

Selling gambling tools and equipments and instruments of forbidden amusement, such as violin, is haraam.

Cheating is haraam.

Usury is haraam.

Commercial monopoly is haraam. For example the monopoly of staple food, and all that which goes into preparing it - fuel, salt, oil, etc. Hoarding such goods, while denying the public sale at reasonable prices, in anticipation of higher prices, is haraam.

Bribing the judiciary to pass right or wrong judgements is haraam.

Playing in gambling tools, such as chess, dominos, backgammon, and betting on them is haraam; even playing chess and backgammon [and the like] without betting is haraam.

False bidding, i.e. with the aim of enticing others to buy merchandise at a rigged price, is haraam [even if it was free from malice].

Dealing with stolen property or buying what has been procured with gambling money is haraam, etc.

* These are forbidden. Are there any activities that are makrouh?

- Yes, there are some economic activities that the Lawgiver deem detestable. Shying away from such activities is not binding for the mukallaf; it is, therefore, makrouh not haraam.

* Could you give me an example?

- Selling real estate (one’s own house) is makrouh, unless you want to buy another property with the proceeds of the sold one.

Exchanging (selling) gold for gold or silver for silver, without a profit is makrouh; doing so for a profit, is haraam.

Borrowing money from a fledgling wealthy person is makrouh.

It is makrouh too to take slaughtering animals for a profession, so is cupping (hijamah), and vending shrouds.

Makrouh still are some dealings and methods pertaining to commercial activity.

* For example?

- Concealing the imperfections of goods, provided that it does not lead to deceit. If it does it is haraam.

Swearing (by God) in haggling over a price, even if it is with good intention and truthfulness. As for false swearing, it is haraam.

Makrouh, too, is making exorbitant profit.

Asking for a discount, after the sale has been concluded.

It is makrouh to sell goods in a dimly lit place, where defective goods may go undetected.

Touting for business by the vendor, and fault finding by the buyer.

* These are some of the activities that are makrouh. Are there any that are mustahab?

- Yes, there certain dealings that are mustahab. And here are some examples:

Lending the believer money without interest.

Buying real estate.

Offering money to someone with the aim of setting them up in business with an agreed profit sharing formula.

There are some dealings and methods that are highly praised, such as charging all customers the same price for goods, and saving preferential prices for the poor. Thus, the vendor should not discriminate against the customer who drives a hard bargain.

It is mustabab, too, for the vendor to accept revocation of the sale of goods (or services), should the buyer change his mind. Thus, the latter should be refunded.

It is mustahab to accept the shortfall (naqis) and give away the gain (rajih).

Flexibility in pricing is called for.

It is also mustahab to keep a business facility open.

It is recommended to vigorously seek work and go about one’s business to earn a living for oneself and dependants.

It is mustahab to be charitable and magnanimous in selling, and making an effort to seek out good quality merchandise for selling.

Searching for work, albeit away from home (ightirab) and getting up early to report for it is mustahab.

Finally, there is a type of business activity that is neither loved nor hated by the Lawgiver. One is free to pursue or leave, as is the case of many business activities prevalent nowadays.

Furthermore, Islam has devised an array of conditions that should be fulfilled. Some are applicable to the merchandise itself, and sale agreement; others concern vendor and buyer.

* What conditions should be present in what is being sold?

- Many. These are:

1. The knowledge of the quantity, weight, number, area, etc., as the case may be, of what is being sold.

2. The ability to deliver what has been sold. One cannot sell fish in the river, i.e. that has not been caught, or a flying bird. It is feasible, though, if the buyer is himself able to take delivery of that which has been sold, such as a runaway animal.

3. Knowledge, in general terms, of particular attributes, of the thing sold, such as colour, taste, good or inferior quality that may lead to a variation in price.

4. The thing sold should be free from any third party rights. It is permissible to sell a pawned item without the permission of the original owner; likewise, it is not permissible to sell an endowment, unless it is no longer viable in serving the public interest, or it was becoming unviable.

5. In certain cases, the thing sold should be the capital asset itself, i.e. a house, a book, an instrument, not the benefit/usage thereof.

That said, my father added: Suppose certain commodities in a given country are only sold by weight, you should not attempt to sell them differently, say, by piece and so on. This is so as not to mislead the buyer.

* Could you give me an example?

- If selling apples in a given country is normally done by weight, you should not attempt to sell them individually. And if milk is sold by litre in a particular country, you are not allowed to sell it by weight.

There are, though, conditions that should be present in the transaction, e.g. you should not attach strings that were not present at the time of concluding the deal.

To further illustrate this, you are not allowed to make the sale of your car conditional upon, for example, a baby boy being born to you and your wife. Rather, an amended sale contract must be entered into, if the baby boy was born.

* What are the conditions that must be fulfilled by the two parties of the sale contract?

- He who embarks on doing business must be adult, sane, of a legal age, intent on selling, having free will and not coerced, having discretion over what he is selling, whether he may be the owner himself , his deputy, or his guardian.

* What if the owner of a property or any thing else was forced to sell the same?

- The sale is not in order, if it was precipitated by fear of the consequences of refusal to sell, such as fearing for one’s life or wellbeing or that of his dependants or relatives.

* Sometimes one find himself forced, through circumstance, to move house, thus entailing selling some of his property and/or his other possessions.

- This type of sale is sound.

* If the person who is initiating the sale is not the owner or anyone else legally appointed by him, such as a relative, a friend, or a neighbour, would the transaction still be valid?

- It is not valid, unless permission is granted by the owner or his legally appointed attorney.

* What about usurped property that had been sold and the owner gave his consent afterwards?

- The sale should be legally valid.

* And what about the property of the minor, should he be interested in selling what is lawfully his?

- The sale of small unimportant items, that such a minor person is used to dealing with, is correct. The sale of other things, he initiates independently, is not sound.

* Who is allowed to sell the property of a minor?

- His guardian, be it his father, paternal grandfather, legal guardian appointed by either, and the Marji’, if the aforesaid are no longer alive. The father of the minor can, therefore, sell the property of his son or daughter, provided that no malice was intended. The Marji’ can act likewise, if he sees that the minor’s interest is served.

* Is it all right for the minor to act as a proxy of his guardian in selling his own property?

- Yes, he has the right.

* If any sale transaction, that satisfies all the conditions discussed, was entered into, can either party change their mind?

- The sale contract can be cancelled in a number of cases:

1. If the buyer and seller were still at the scene where the transaction took place or they were together on the road, either of them may opt out; otherwise the sale cannot be revoked.

2. If either party of the sale transaction was swindled, they can abrogate the sale. For example, if the seller, unwittingly, sold the goods for much less than the market price, he has the right to retract the sale. By the same token, the buyer could repeal the purchase and get his money back, if he found out that he paid an exorbitant price for it.

3. Should the buyer find out that the goods he has purchased do not fit the description and the specifications the seller has claimed were present, or they do not tally with what he had already seen by way of specimen or otherwise, he has the right to return the goods and get a refund.

4. If both parties to the sale contract stipulate that either can cancel the deal within a prescribed period of time, they can cancel it within that time limit.

5. If any party to the sale transaction pledged to act in an agreed way and later reneged, or if the buyer requested certain properties to be present in the goods, that he found lacking when taking delivery of the goods, he has the right to repeal the sale contract.

6. Should the buyer discover that the goods he had bought were faulty or imperfect, he has the right to return the goods and get a refund.

7. If the buyer finds out that the goods he has taken delivery of do not belong to the person he bought them from, but to another person, who does not agree to them being sold, he has the right to return the goods and consider the transaction null and void.

8. If the seller was not able to deliver the goods to the buyer in time, the latter can cancel the deal and deem it null.

9. If the sale entails that the thing exchanged is an animal, the buyer has the right to return it to the seller within three days and get a refund. And should the price be an animal, the seller has the right to return the animal within three days of the date of the transaction and get his goods back.

10. If the vendor talks up his goods, to more than their real worth, in order to impress the buyer to buy them, the latter has the right to return the goods and get a refund, should it appear that the vendor was not honest.

11. If a sale transaction is entered into, pending receipt of the price of the goods and this was not forthcoming within three days of the agreement, the vendor has the right to cancel the sale. This is so when the vendor gives the buyer time to come up with the money without specifying the period. If, however, no time was granted, he has the right to cancel the sale.

Should the time of delay be put at any period beyond three days, he should fulfil his promise until the lapse of the appointed period of time.

* Is the deal legally sound if the two parties to the sale agree on paying for the goods by credit?

- The transaction is in order. However, the period during which the price of the goods should be settled must be fixed by mutual agreement. It should also not be subject to alteration either by extension or shortening. It should not be ambiguous. The agreement shall be deemed unsound if, for instance, it was stipulated that the value of the goods be settled at the time of harvest, in that there is no specific time for the harvest.

* What if, at the appointed time of settling the debt, both parties agreed to put it off for a further specified time, but at a premium?

- This is not permissible, because it is considered to be usury and haraam. Allah, the Most High has said in His Holy Book,

“.. and Allah has allowed trading and forbidden usury..” (2/275)

* Sometimes the vendor and the buyer agree to barter, say, a hundred and twenty kg. of wheat for a hundred kg. of the same produce. Is such a deal in order?

- This is a type of usury that is haraam.

* What if the parties strike a deal that involves bartering an equivalent weight of wheat plus, say, fifty Dinars?

- This also is a type of usury which is, as you now know, haraam, unless something, of value, is added to compensate for the wheat. That is to say, the new addition would be deemed a price for the wheat on the one hand, and the fifty dinars for the wheat on the other hand. Only then, can you consider such a transaction sound.

* How should I know that such a transaction is a usury one so that I can avoid dabbling in it?

- In a business deal, two things should be present to render the transaction a usury one:

1. The goods bought and sold should be of the kind that is weighed or measured (for capacity), such as wheat, barley, rice, lentils, fruit, gold, and silver.

2. The two items should be of the same kind.

* Should the deal concluded be on credit, would it still be considered a usury one, taking into account the two conditions in question?

* [No, such a deal could be deemed a usury one, even if the two conditions were not present, i.e. in two other instances:

a. The two items exchanged should be of the kind that is weighed or measured, but not of the same kind, such as exchanging one hundred kg. of rice for a hundred kg. of wheat with a deferred payment, say, for a month.

b. The two types of produce could not be of the kind that is weighed or measured, but of the same category, and that the excess is in kind, such as exchanging ten walnuts for fifteen for a month delay in payment].

* Am I right in assuming: a) if the merchandise is of the kind that is sold by piece, not by weight or measure, such as eggs, or b) if it is exchanged by area, such as fabrics, which is usually sold by metre, it is permissible to sell for more, provided that the deal was for prompt payment of cash?

- Yes, the sale can be done for an extra number of units, such as exchanging thirty metres of cloth for forty for cash, and thirty eggs for forty.

* What about gold?

- It is not permissible, because it is of the kind that is exchanged in terms of weight.

* And how about exchanging gold that has been turned into jewellery for an extra amount of weight of gold that has not been manufactured, as is the practice among goldsmiths nowadays?

- This is of usury nature that is haraam, unless the shortfall is met as discussed earlier.

* Suppose one hundred kg. of an inferior quality of rice were exchanged in return for ninety kg. of a superior quality of the same produce. Is such a transaction free from usury?

- It is not allowed too, because it is deemed a usury deal, unless the shortfall is made up.

* What about exchanging one hundred kg. of wheat for seventy kg. of rice?

- It is permissible, for the two produces are not of the same kind, provided that the deal is done for cash. It is to be noted, however, that, insofar as usury dealing is concerned, wheat and barley are treated as one kind of produce. It is, therefore, not permissible to exchange, for example, one hundred kg. of wheat for one hundred and fifty kg. of barley in a straight barter deal. Similarly, the following kinds of produce are considered one kind: a) all types of dates, and the syrups extracted thereof; b) wheat, its flour and bread; and c) dairy produce, be it milk, cheese, or yoghurt. This is because the original produce and all that is processed from it is [always] deemed one kind.

There is, though, another type of usury. It is the one that emanates from taking a loan.

* And what does it involve?

- It is when the party who is granting the loan stipulates that the borrower returns the amount loaned plus an extra amount of money. If, for example, the original amount of loan was one thousand Dinars to be paid back, after a given time, plus an extra hundred Dinars, both parties to such a deal are committing a sin.

* So this type of loan is with interest. What about an interest free loan?

- Giving a fellow believer, particularly to those in need, an interest free loan is a commendable act. In this regard the Prophet (s.a.w.) said, “He who loans the pious money to meet an urgent need, his wealth be purified as though zakat was paid on it and the angels keep a vigil for him, uttering prayer until the loan is repaid”.

* Could you perhaps tell me the rules of setting up a partnership, for, I understand, my brother intends to enter into one with a friend of his?

- Partnership is permissible between two, or more parties, provided that the parties are adult, mature, have free will, are not coerced into the joint venture, and not legally declared incompetent.

The company or partnership contract could take different forms. It could be a promissory company where the stakes in it are jointly owned. Any partner has the right to dissolve the company and seek to take their share, provided this does not entail any substantial financial loss or damage to the other partners. If this was the case, the other party or parties shall have no right of disposal over the joint ownership of capital. As for profit and loss, they should be apportioned on a par with the respective share of each partner.

* Suppose the two parties agreed that one of them gets a bigger share of the profit because of his extra responsibilities in running the company. Would the agreement be in order?

- Yes.

* How would you treat any damage to company property that was sustained due to actions by either partner?

- The working partner should enjoy full trust. Thus, he should not be made to compensate for the damaged goods of any sort, unless his actions have stemmed from malice or negligence.

* There is another common practice which is a form of partnership. It is when someone makes available the capital for another who sets up in business. The agreement between the two could involve splitting the profit either fifty-fifty, one third to two thirds, or one quarter to three quarters. Is this type of partnership sound?

- This type of agreement is in order, provided that it satisfies the conditions set out for partnership, especially when the owner is not legally declared incompetent because of bankruptcy. It is called silent partnership (mudharabah).

* What about the working partner?

- It is allowed for him to be legally incompetent due to bankruptcy, if the agreement does not stipulate giving him the right of disposal over his money that he is denied access to. However, the owner and the working partner may abrogate the agreement before or after starting the joint venture and whether profit was made. The working partner should not be held responsible for any damage sustained or loss made through no malice on his part.

* Suppose the owner made it conditional that the worker should bear the loss. Is such a condition valid?

- Yes, it is. However, this must entail that full profits be the worker’s, i.e. profit and loss be the worker’s responsibility.

* What if the stipulation was that both bear the loss and reap the profit?

- Such a provision is invalid. Indeed, if it was stipulated that the worker was to meet, in part, the loss, or all of it from his own property, the condition shall be in order and the worker must discharge his obligation.

* If a dispute arises between the two parties, such as the worker claiming a bigger share, but cannot prove his claim, how could the situation be resolved?

- If the case is lodged with the Marj’, the statement of the owner shall be upheld, unless it goes against what is apparent.

* How can he be sure that it is out of sync with the obvious?

- To give an example, the owner may claim that the worker’s share of the profit is, say, one in every one thousand; for his part, the worker may claim that his share is what is generally accepted in the trade.

* Suppose the worker alleged that the goods were damaged, a loss was sustained, or no profit was made. For his part, the owner denies the worker’s claim. What then?

- The worker’s plea shall be upheld, unless it is patently evident that it does not tally with what is obvious; to further illustrate the matter, suppose the worker said that a certain type of goods alone was damaged due to fire.

* What if the owner accused the worker of abusing his trust or was negligent?

- The assertions of the worker shall hold, considering the provision discussed earlier.

* Some people give power of attorney to others to represent them in a wide range of transactions, such as selling one’s house. Are there any conditions that should be fulfilled in this regard?

- Yes, the two parties must be sane, intent on making the attorney, and can exercise free choice, i.e. not coerced into authorizing the power of attorney. The mandator should be adult, except what can be dealt with by the discerning boy.

* Is there a particular wording for the power of attorney?

- No, it could by anything that refers to it, be it by word, deed, or a written document. The power of attorney shall no longer be valid, if either the attorney or the mandator dies.

* Someone rented his property, or the like, or offered his services for work. What are the conditions of ijarah (hire) that should be fulfilled, so that it becomes valid?

- Firstly, the ijarah shall be valid when it is entered into by the owner, his legal representative, or the guardian. It shall also be valid if it is approved by any of the said parties, after the transaction has been made.

That which should be taken into account insofar as the landlord and the tenant are concerned is adulthood, reason, free will, and neither should be legally incompetent; However, the ijarah of the bankrupt himself shall be in order.

As for the property to be rented or leased out, it should be: a) of a physical being; b) that the tenant has viewed it, or has the knowledge thereof by way of description; and c) that the landlord be in a position to hand it over to the tenant. Indeed, it suffices that the tenant can move into the property and make use of it for the purpose he intended, with it being intact. Such use must, though, be halal; for example, renting a property for the sale of alcoholic drink, and other illicit economic activity, for that matter, shall be deemed null.

* Does ijarah have a special wording or text?

- No, any action, by word or deed, by both parties could make ijarah effective. The dumb, for example, could make a gesture suggesting consent to start the ijarah agreement.

* In some cases the landlord restricts the use of the property rented to the sole use of the tenant. Would it be all right for the tenant to sublet the property?

- No, he shall have no right to do so.

* Should the rent contract be free from such a condition, would the tenant be able to sublet it?

- The tenant shall have the right to sublet the property to a third party, provided that he does not rent it out for an increased rent, unless he has carried out improvements to the property. This is applicable to places of accommodation, shops, boats [and other types of rented capital assets, including arable land].

However, ijarah shall not be valid, unless a duration for the rent is fixed.

* Could you give me an example of an ijarah where a set time was not prescribed for it to run and end, and that it was deemed invalid?

- Suppose the landlord said to the tenant, “I hereby rent you my house to live in in exchange for one hundred Dinars as long as you lived there”. This type of ijarah is void.

However, if the landlord said to the tenant, “I rent you this shop of mine for this month in return for fifty Dinars, and should you decide to stay beyond the agreed duration, a new rent shall be fixed”, the ijarah for the first month shall be in order, whereas that for the remaining period shall be unsound.

This is so, if the transaction was reached under the banner of ijarah. However, it could be handled according to other areas of dealings, the details of which we are not concerned with right now.

* Suppose the rented property was damaged; who is going to be held responsible?

- If the damage was not brought about by the tenant’s negligence or his deliberate action, he should not be held responsible.

* What are the rules on leasing a vehicle?

- The two parties to the agreement must make clear the avenues of using the vehicle. That is, if it was for passengers, for transporting goods, or for both; in short, you have to determine the object of use.

* Suppose a van was hired to transport unslaughtered carcasses destined for non-Muslims. Would the ijarah still be valid?

- Didn’t I mention to you earlier that renting a place to sell alcoholic drink was not allowed. [By the same token, the case of the van is not allowed].

* An agent was authorized to hire workers for a specified wage. What if the agent hired the workers for less?

- It is haraam for the agent to pocket the difference. He has to return the extra money to the owner.

* The owner of a property hired a decorator to redecorate his house, setting the specifications and the colour of the paint. The painter chose, without consulting the owner, to carry out the job using a different colour. Would the terms of ijarah still be valid?

- The decorator shall not be entitled to a wage.

* Could you tell me about key money, or premium?

- Key money or premium is of different types:

Some of which is an agreement between the landlord and the tenant, stipulating that the landlord receives a specified sum of money in return for giving the right of use of the property after the lapse of the duration of lease, for an annual premium or that which is equivalent to the annual rent that is generally accepted.

If the deal is so concluded, the tenant shall have the right to keep possession of the property, after the completion of the duration of ijarah in exchange for the agreed sum. He also has the right to sublet the property to a third party for an agreed premium. It is not necessary for him to obtain the permission of the landlord.

* Suppose a person gave another a free gift, should there be, from a shari’a perspective, any conditions attached?

Yes, the party who gives the gift should be adult, sane, intent on giving the present of his own accord, not coerced, and should not be legally incompetent. If this was the case, the gift given shall be valid. The same goes for a gift made by a terminally ill person. After his death, it can be granted, but by a ratio not exceeding the third. If, however, more was decided to be given away, the approval of the heirs must be sought.

Giving away a gift is a kind of contractual obligation. It requires an offer and acceptance. However, it suffices to carry out by word or deed. It also requires taking possession, by the recipient, of the thing given by way of gift, if it was not already in his possession.

* What if the gift was not with the recipient, i.e. it was still with the donor?

- The gift remains among the possessions of the owner until the recipient takes possession thereof during the lifetime of the donor.

* How can one take ownership of, say, a house that was donated?

- If the donor parts with the property by vacating it and handing it over to the recipient of the gift, this is deemed legally valid.

* In the event of the death of the donor or the recipient before the actual process of handing over and receiving of the gift, what will happen?

- The granting of the gift can no longer be sustained; it would be rendered invalid and the thing intended for granting reverts to the heirs of the giver.

* If I find lost property, what should I do with it?

- You could deal with it according to the following:

1. Should there be no indication as to the owner’s identity, making it difficult to trace them, you may keep the find for your self.

2. If the object found bears an identification of the owner, and it is less than Dirham Shar’i (12.6 chickpeas of minted silver, i.e. 2.419 gms) in value, you should not trace the owner. [However, you cannot keep it for yourself either. Rather, you give it away to the poor by way of charity].

3. If the article found bears the details of the owner and that it is one Dirham or more in value, every attempt should be made to trace the owner, by way of public announcement, and hand it back to them. If all attempts came to nothing, and one year had passed from the date the object was found in the precinct of Mekkah, [it should be given in charity on behalf of its anonymous owner]. If it was found in any other place, the person who found it can choose between either keeping it safe for the owner, and can make use of it, or give it away as charity on behalf of the owner. [They cannot, though, assume ownership of the asset at all circumstances].

* Suppose the thing found was a collection of currency?

- If you can trace the owner through certain characteristics of those currencies, their numbers, particular time or place, they should be publicly announced to try to trace the owner.

* If someone claimed that they belong to them?

- If they are known to be truthful, they should get back what they lost If, however, the manner in which they gave a description of the currency leads to gaining your trust, you should give them back what is rightfully theirs.

* You mentioned the word “trust”. Should they not attain your trust that they were genuine in what they claimed, would it suffice to part with what you have found?

- Making an assumption about the claimant is not sufficient to give away the article found.

* This was the injunction regarding articles found. What is the position of a person who confiscates the possessions of others through aggression and usurpation?

- Usurpation is among cardinal sins. He who usurps other people’s property will be chastised severely on the Day of Judgement. The Messenger of God, Mohammad (s.a.w.) said, “He who usurped an inch of land, Allah shall, on the Day of Judgement, throw a ring, whose weight is akin to that of seven globes, around his neck.”

The usurper should return to the victim all that was unlawfully taken away from them.

* If the usurped property was returned to its lawful owner, would this absolve the perpetrator from the guilt?

- No, he should be penalized by forcing him to pay rent for the use of the property for the period it was at his disposal.

* Is this so, even though the usurper did not live in the property?

- Yes, he should be made to pay compensation to the rightful owners, because he caused them financial damage by debarring them from making use of their property. Thus, the usurper should be held liable.

* Suppose someone usurped a plot of arable land; he then cultivated it. What would the position be?

- The usurper must remove his plantation immediately. He should pay compensation to the owner of the land, equivalent to the part he cultivated. If, however, the removal of plantation caused depreciation in the price of the land, the usurper should be made to compensate the owner pro rata. This should be the case, if the usurper did not reach a settlement with the owner of the land to keep possession temporarily for a rent or for free.

* If the thing that was unlawfully acquired was inadvertently damaged in the process of usurpation, who will be held responsible?

- The usurper should compensate the owner the equivalent value of the property that was unlawfully seized, and an estimated sum of money for all the returns that could have been made had the usurped property remained in the ownership of the lawful owner.

* How is the compensation amount calculated?

- That which is usurped may fall into two categories:

1. Nonfungible things, or that which cannot be replaced (qeemi). It is that which has no exact attributes, such as cattle and sheep. The owner must be compensated the value of this type of livestock at the time they were killed.

2. Fungible (or replaceable things). This is the type of, say, produce that the usurper can pay back in kind, such as wheat and barley, provided that the compensated amount equates with the seized one in weight and quality.

* Should an unlawfully seized property be taken away by a second usurper and damaged in the process, who should be liable?

- The rightful owner can demand either usurper to hand it back in kind or the value thereof as the case may be. However, the second usurper has no right to go back to the first usurper.

* If it came to the knowledge of the owner that his property was with the usurper, what should he do?

- He has the right to repossess it by force if need be. Moreover, if he lays his hands on a property that belongs to the usurper, he can take it away in replacement of the usurped property, provided that it was of the same value.

* Should the value of articles taken away from the usurper be more, what should the owner do?

- It is permissible for the owner to take a portion that is equivalent to the property that was unlawfully seized from him.

* Before you wind up today’s dialogue, can I make an observation?

- By all means.

* Very often, I notice that you give money in charity.

- Yes, but how come you have noticed that, for when I give sadaqah I do it discreetly so that I am not seen by others. That is because it is more meritorious when voluntary sadaqah is given in secret, rather than in public.

* What is the aim behind giving charity?

- The main objective should be carrying favour to Allah, the Exalted.

* Does it have a set time?

- No, but it is mustahab that you give it away early in the day, for this would drive away the evils of that day. And paying it during the early evening would drive away the evils of that night.

Giving sadaqah is rated among the most meritorious deeds. Tradition abounds with narrations, encouraging the faithful to do it very often, so long as they can afford it. Giving sadaqah may contribute to alleviating sickness, driving away tribulations, increasing sustenance, repaying debt, and it is an all round enrichment to one’s means.

However, notwithstanding all these merits, looking after one’s family and kin remains a superior deed. And giving sadaqah to a needy relative who shows enmity towards you is more commendable than giving it to another relative who does not. Far superior still is lending money.

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).