A Brief Of Islamic Law

A Brief Of Islamic Law20%

A Brief Of Islamic Law Author:
Publisher: www.alhassanain.org/english
Category: Jurisprudence Principles Science

A Brief Of Islamic Law
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A Brief Of Islamic Law

A Brief Of Islamic Law

Author:
Publisher: www.alhassanain.org/english
English

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought

Khums

854. Khums is obligatory on the several things, of which we explain here two more important items, i.e. profit or gain from earning and amalgamation ofHalal (allowed) wealth with Halal (allowed); and other things like minerals and treasuretrove are explained in detailed books.

855. If a person earns by means of trade, industry or any other ways of earning, like earning some money by offering prayers and fasting on behalf of a dead person or if someone gives him a gift, providing that it exceeds the annual expenses for maintaining himself and his family, he should pay Khums (i.e. one fifth) or the surplus, in accordance with the rules which will be explained later.

856. There is no Khums liability on ?idàq (marriage settlement) which a wife receives, nor on the property which a husband gets in exchange of divorcing his wife by way of Khul nor on Diyah (blood money) received by someone; and the same rule applies to the property which one inherits. If a Shi'ite, however, inherits inherits from a source which is not accepted in our Islamic laws, like inheriting from a distant relative despite his heirs being present (Tasib), it will be considered a gain, and Khums will have to be paid from it. Similarly, if a person inherits from an unexpected source, neither from his father nor from his son, then as an obligatory precaution, he will pay Khums from that inheritance if it exceeds his annual expenses.

857. If a person inherits some property and knows that the person from whom he has inherited did not pay Khums from it, he (the heir) should pay its Khums. And if that property is itself not liable for Khums, but the heir knows that the person from the deceased’s estate. But in both the cases, if the person from whom he inherits did not believe in Khums, or never paid, it, then it is not necessary for the heir to pay off the Khums owed by the dead.

858. If a person purchases a commidity, and after the transaction, pays its price from the money from which Khums has not been paid by him, the tranaction will be in order, but he will be indebted to those who deserve to receive Khums, for the sum he has paid to the seller.

859. If a Shi'ite (Ithna Ashariyyah) person purchases something on which Khums has not been paid, the Khums will be the liability of the seller, and the buyer is not responsible for anything.

860. If a person gives a gift to a Shi'ite (Ithna Ashariyyah), from which Khums has not been paid, one fifth of it is the liability of the donor himself, and one who gets the gift is not required to pay anything.

861. If a person acquires wealth from an unbeliever, or a person who does not believe in paying khums or does not pay Khums at all, it will not be obligatory for him, that is, the person who receives it, to pay Khums.

862. It is olbigatory on the merchants, the earners, the artisans, the employees and others like them, to pay Khums from whatever is in excess of their yearly expenses, when a year passes since they started earning. This rule applies also to the preachers and the like, even if their earning is in certain parts of a year only, provided that it suffices for the most expenses of the year, and also to a person who has not pay job to earn money for his life and profits by profits government or people or makes an unexpected gain; in all these cases one should pay Khums after a year has passed since he gained, on the savings which exceeds his expenditure for that year. Then he can calculate a year for each earning separately.

863. A peraon can pay Khums as and when he earns a profit during a year, and it is also permissible to delay payment of Khums till the end of the year. But if he knows that he will have no need to it till the end of the year, he should, as an obligatory precaution, pay its Khums immediately and there is no obj ect a an if adopts the solar year for the poy ment of khu ms.

864. If one makes a profit, but dies during the same year, his expenses till his death should be deducted fiom the profit, and Khums should be paid on the balance immediately.

865. If the price of a commodity one purchases for the purpose of business shoots up, and he does not sell it, and its price falls during the same year, it is not obligatory on him to calculate Khums on the increased prices.

866. If the price of a commodity which a person purchases for the purpose of business shoots up, and he does not sell it till after the end of the year, expecting that the price will rise, and then the price falls, it is obligatory, as a precaution for him to calculate Khums based on the increase in the price.

867. If a person possesses some goods other than merchandise, from which Khums has been paid by him, if its price shoots up, and he sells it, he will pay Khums on the excess gained providing it exceeds his expenditure for that year. Similarly if a tree bears fruit, or a sheep which is kept for its meat becomes fat he should pay Khums on their excess.

868. If a person establishes a garden with a money, on which Khums has been paid or is not entitled to Khums, with the intention of selling it after its price goes up, he should pay Khums on the fruit, the growth of the trees and the saplings grown or which are planted, and dry twigs which could be cut and used and the increase in the price of graden. But, if his intention is to sell thefrut the fruit of trees and benefit from its value, paying the Khums of the excesss of the price is not obligatory, but he should pay Khums on rest.

869. If a person plants willow, plane tree and other trees like them, he should pay Khums on their growth every year. And similarly, if the panches of the trees which are cut every year, makes his income exceed his expenditure for the year, he should pay his Khums.

870. If a person has a few kinds of trade, for example, he trades both sugar and rice, if they are all considered as one business in gains and expenditures, benefits and losses etc., he should pay Khums at the end of the year from what exceeds his expenses. And if he makes a profit in one source and sustains loss in another, he can offset his loss of one with the profit of the other. But if he has two different businesses, like, if he is engaged in trade as well as farming or has two businesses considered as one but their accounts of benefits and expenditures are apart, he cannot, as an obligatory precaution, offest the loss in one with the profit made from the other.

871. A person can deduct from his profit, the expenditure which he incurs in making profit, like, on pokerage and transportation or losses occured in his instruments or equipments, and it is not necessary to pay Khums on that amount.

872. No Khums is payable on what one spends his profit during the year on food, dress, furniture, purchase of house, marriage of son, dowry of daughter, Ziyarah etc., provided that it is not beyond his status.

873. Whatever a person spends on Nadhr (vow) and Kaffarah is a part of his annual expenditure. Similarly, what he gives away as a gift or a prize is included in his annual expenditure, provided it is not beyond his status.

874. If a person is usually expected to prepare all the dowry for his daughter over a few years, and if it is deemed unbecoming for him not to give away any dowry, Khums will not be liable on what he purchases as a part of dowry during the year, provided it is within his means and preparing that part of dowry in one year is commonly considered as usual yearly expenditure. But if he exceeds his means, or spends the prafit of one year to buy the dowry in the following year, he will pay its Khums.

875. Whatever a person spends for his journey to A*ajj or other Ziyarah (pilgrimages) is reckoned to be part of his expenditure of the year in which he spends it, and if his journey extends till part of the next year, he should pay Khums on what he spends during the second year.

876. If a person who earns profit from his work and trade, has some other property on which Khums is not liable, he can calculate his expenditure for the year from the profit earned from his work or business.

877. If s person purchases provision for his use during the year, with the profit made by him, and at the end of the year a part of it remains unused, he should pay Khums on it. And if he wants to pay its value, which may have incresed since he pought the provision, he should calculate the price prevailing at the end of the year.

878. If a person purchases household accessories with the profit earned by him before paying Khums, it is not necessary for him to pay Khums on them if their need ends after the year ends. There will no liability of Khums if their needs cases to exist during the year, but they must be those articles which are kept for following years, like the winter and summer dresses. Other than these articles, Khums will be, as an obligatory precaution, liable as soom as their need is over during that year. Also, when a woman no more needs her ornaments for adornment, Khums will not be liable.

879. If a person does not make any profit in the beginning of the year, and spends his capital, and then makes some profit before the year ends, he is allowed to deduct the amount spent from his capital, from the profit.

880. If a part of the capital is lost in trade etc., a person can deduct the lost amount from the profit made in the same year.

881. If something else other than capital is lost from his wealth, and he needs that thing during that every year, he can procure it from the profit, and Khums is not liable on it.

882. If a person does not make any profit throughout a year, and borrows money to meet his expenses, he cannot deduct the borrowed amount from the profit made by him during the succeeding years not paying its Khums. But, if he borrows money during the year to meet his expenses, and makes profit before the year ends, he can deduct the borrowed amount from his profit. Similarly, in the first case mentioned above, he can deduct his debt from the profit made during the year, and that part of the profit will not be liable for Khums.

883. If a person becomes liable for Khums and he has not paid it although ayear has passed, he cannot have any discretion over that property, before paying its Khums.

884. If a person who owes Khums makes a compromise with the Mujtahid, and takes responsibility for it, he can appropraite the entire property, and the profit he earns from it after the compromise, belongs to him and he should pay his debt gradually so that he may not be considered as engligent.

885. If one partner pays Khums on the profit made by him, and the other partner does not pay it, and he (the other partner) offers in the next year, as share of his capital, the property on which Khums has not been paid by him, the first partner who has paid Khums can have the right of disposal over that property, if he is a Shi'ite Muslim (Ithna Ashariyyah).

886. If a minor child profits in some way, even if he is given a gift, Khums becomes liable and it is obligatory upon his guardain to pay the Khums provided that the profit is not expended for his necessities during the year. But if the guardain does not pay it, the minor child will have to pay it when he attains puberty.

887. If a person acquires wealth from another person, and doubts whether or not he has paid Khums on it, he has a discretion over it. In fact, even if he is certain that the other person has not paid Khums on it, he has the discretion over it if he is a Shi'ite (Ithnaa Ashariyyah), and the other person does not pay Khums at all.

888. If a person purchases with the profit earned by him, a thing which is not supposed to be part of his needs and annual expenses, it is obligatory on him to pay Khums on it at the end of the year. And if he does not pay Khums, and the value of the things increases, he should pay Khums on its current value.

889. IfHalal (allowed) property gets mixed up with Halal (allowed) property in such a way that it is not possible to identofy each, from the other, of and the owner the Halal (allowed) propertyand its quantity are not known, and if it is also not known whether the quantity of the Halal (allowed) property is more or less than one fifth, the person concerned may pay Khums on it to make the balanceHalal (allowed), and as an obligatory precaution the Khums should be paid to one entitled to receive Khums and such payments as Radd-ul-mazalim.

890. IfHalal (allowed) property gets mixed up with Halal (allowed) property, and the person concerned knows the quantity of Halal (allowed) property, (irrespective of it being more or less than one fifth), but does not know its owner, he should give away that quantity as Sadaqah on behalf of its owner, and the obligatory precaution is that he should also obtain permission from the Mujtahid.

891. IfHalal (allowed) property gets mixed up with Halal (allowed) property, and the person concerned does not know the quantity of Halal (allowed) property, but knows its owner, they may come to some compromise, but if they do not come to an agreement with each other, the person concerned should pay the owner a sum which would ensure that the amount due has been paid up. In fact, if the person concerned knows that it was due to his own negligence that the mix up occurred, then he should, as a precaution, pay more than what he feels might belong to the owner.

892. If a person pays khums on a property which hasHalal (allowed) mixed with Halal (allowed) parts, and learns later that the quantity of Halal (allowed) property was more than Khums, he should give the excess as Sadaqah, on behalf of the owner of the property.

893. If a person pays Khums on a property which has been mixed up, or gives some proeprty as Sadaqah on behalf of an unknown person, and if the owner turns up later, as an obligatory precaution, he must reimburse him his part, if he does not agree to the action taken.

894. If aHalal (allowed) property mixes up with Halal (allowed) property, and the quantity of the Halal (allowed) property is known, and the person concerned knows that the owner is one of a group, but cannot identify him, he should inform all of them. If one of them claims while others do not, or confirm the first person, he should hand over to the one who claimed. And if two or more people claim, he should refer to the Mujtahid for his decision after all attmepts at compromise and understanding have failed. And if all of them in the group showed no interest, or did not present themselves for a compromise, then he will draw lots to determine the owner, and as a precaution, the lost will be drawn by the Mujtahid, or his agent (Wakil).

Disposal of Khums

895. Khums should be divided into two parts. One part is the share of Sayyids (descendants of the holy Prophet, s.a.w.a.), which should be given to a Sayyid who is poor, or orphan, or who has become stranded without money during his journey. The second part is the share of Imam (A.S.), and during the present time it should be given to a fully qualified Mujtahid, or be spent for such purposes as allowed by, that Mujtahid. Asanobligatory precaution, that Mujtahid must be A`lam, and well versed in public affairs.

896. Ifa person can be given to a sayyid who may not be Adil, but it should not be given to a sayyid who is not Ithna Ashariyyah.

897. If a person claims that he is Sayyid, Khums cannot be given to him unless two just (Adil) persons confirm that he is a Sayyid, or if one is sure and satisfied in some way about him being a Sayyid.

898. Khums can be given to a person who is known as Sayyid in his home city, if one is not certain or satisfied about anything to the contrary.

899. If it is obligatory on a person to meet the xpenses of a Sayyid or a Sayyidah, who is not his wife, he cannot, on the basis of obligatory precaution give him/her food, dress and other essential items of subsistence from Khums. However, there is no harm if he gives him/her a part of Khums to meet some expenses other than those obligatory on him.

900. The obligatory precaution is that a needy Sayyid should not be given Khums in excess of his yearly expenses.

901. If a person is the creditor of a person who is entitled to receive Khums, and wants to adjust his debt againts Khums payable by him, he should, as an obligatory precaution, either seek the permission of a Mujtahid to do so, or give Khums to the deserving person and thereafter, the deserring persn returns it to him towards the debt. He can also become pkoxy of the deserving person, receiving Khums on his behalf, and then deduct his debt from it.

ZAKA`T

902. It is obligatory to pay Zakàt on the following things:

(i) Wheat

(ii) Barley

(iii) Dates

(iv) Raisins

(v) Gold

(vi) Silver

(vii) Camel

(viii) Cow

(ix) Sheep (including goat)

(x) As an obligatory precaution, upon the wealth in business (merchandise).

And if a person is the owner of any of these ten things he should, in accordance with the conditions which will be mentioned later, put their fixed quantity to one of the uses as prescribed.

Conditions for Obligatory of Zakàt

903. Payment of Zakàt becomes obligatory only when the property reaches the prescribed taxable limit, and when the owner of the property is a free person, and the property is his own possession.

904. If a person remains the owner of cow, sheep, camel, gold or silver for 11 months, the payment of Zakàt becomes obligatory for him from the first of the 12th month; but he should calculate the beginning of the new year after the end of the 12th month.

905. The liability of Zakàt on gold, silver and merchandise is conditional to its owner being sane and Bàligh during the whole year. But in the case of wheat, barley, raisins, date, camel, cow and sheep, being sane Bàligh is not a prerequisite.

906. Payment of Zakàt on wheat and barley becomes liable when they are recognised as wheat and barley. And Zakàt on raisins becomes obligatory when they coll them grapes and Zakat on datest becomes liable when Arabs call it Tamr. However, the time for determining the taxable limit is the time of drying up, and the time of obligation of payment of Zakàt on wheat and barley is when they are threshed, and grains are separated from chaff; and the time for payment of Zakàt on raisins and dates is when they are plucked. If one delays since this time without any excuse and in case of presenece of entitled person, and then the property is lost, the owner will be responsible.

Zakàt of Wheat, Barley, Dates and Raisins

907. Zakàt on wheat, barley, dates and raisins becomes obligatory when their quantity reaches the taxable limit which is 300 Sa and it is said that it equals approximately kg.

908. If the owner of wheat, barley, dates or grapes dies after Zakàt on it has become obligatory, that quantity of Zakàt should be paid from his estate. However, if he dies before Zakàt becomes obligatory, each one of his heirs, whose share reaches the tax able limit, should pay Zakat from his own share.

908. If payment of Zakàt becomes obligatory on date tree and grapes or the crop of wheat and barley after one becomes its owner, one should pay Zakàt on them.

909. If a person sells the crop and trees after Zakàt on wheat, barley, palmdates and grapes becomes obligatory, the seller should pay the Zakàt on them, and if he pays, it will not be obligatory on the buyer to pay anything.

910. If a person purchases wheat or barley or dates or grapes, and knows that the seller has paid Zakàt on them, or doubts whether or not he has paid it, it is not obligatory on him (i.e. the buyar) to pay anything. But if he knows that he (the seller) has not paid Zakàt on them, he can pay the Zakàt himself and reclaim it later from the seller.

911. If a person has paid Zakàt once on wheat, barley, dates or raisins, on further Zakàt is payable on it, even if they remain with him for a few years.

912. If wheat, barley, dates and grapes are watered with rain or river, or if they benefit from the moisture of the land, like in the case of Egyptain crops, the Zakàt payable on them is 10% and if they are watered with buckets etc., the Zakàt payable on them is 5%.

913. A person cannot deduct the expenses incurred by him on the production of wheat, barley, dates and grapes from the income obtained from them, and then weigh the remaining. Hence if the weight of any one of them, before calculating the expenses, was about 847 kilogrammes, he should pay Zakàt on it.

914. A person who has used seeds for farming, whether he owned them or he bought them, cannot deduct their value from the total harvest and calculate the rem aining. Rath re, he should culculate the tacable limit taking into account the entire crop.

915. It is not obligatory to pay Zakàt on what goverment takes away from the goods or wealth itself. For example, if the harvest is 2000 kilogrammes, and goverment takes 50 kilogrammes from it as taxation, it is obligatory to pay Zakàt on 1950 kilogrammes only.

916. As an obligatory precaution, a person cannot deduct from the harvest the expenses incurred by him before or after Zakàt became due, paying Zakàt on the balance only.

917. If a date tree or vine bears fruit twise in a year, and when combined they reach the minimum taxable limit, it is obligatory as a precaution, to pay their Zakàt.

918. If a person dies with a debt, and has a property on which Zakàt has become due, it is necessary that, in the first instance, the entire Zakàt should be paid out from that property, and thereafter pay his debt. But if Zakàt is obligatory on him as a debt, it will be deemed as other debts.

919. Zakàt on gold and silver becomes obligatory only when they are made into coins, are in currency for transaction, and as these are not found nowadays, we abandon mentioning their rules here.

Zakàt Payable on Camel, Cow and Sheep (Including Goat)

920. For Zakàt on camels, cows and sheep (including goats) there is one additional condition, besides the other usual conditions:

The animal should have grazed in the jungle or open fields for one year. If, for a year or apart of it, it is fed with cut or plucked grass, or if it has grazed in the farm owned by its owner, or somebody else, there is no Zakàt on it, except when it was only a little time during which the animal fed itself with the grass from its master's farm, so that it can be said commonly that it grazed in open fields for the whole year. It is not a condition for obligation of Zakàt that the camel, cow or small cattle should not have worked during the whole year. In fact, Zakàt on them will be obligatory, if they are used for irrigation and ploughing the land, or the like, provided that it is said commonly that they were idle or not busy. Even if they are not considered so, as an obligatory precaution Zakàt should be paid on them.

Minimum Taxable limit of Camels

921. Camel has 12 taxable limits:

(i) 5 Camels: and the Zakàt on them is one sheep. As long as the number of camels does not reach five, no Zakàt is payable on them.

(ii) 10 camels: and the Zakàt on them is 2 sheep.

(iii) 15 camels: and the Zakàt on them is 3 sheep.

(iv) 20 camels: and the Zakàt on them is 4 sheep.

(v) 25 camels: and the Zakàt on them is 5 sheep.

(vi) 26 camels: and the Zakàt on them is a camel which has entered the 2nd year of its life.

(vii) 36 camels: and the Zakàt on them is a camel which has entered the 3rd year of its life.

(viii) 46 camels: and the Zakàt on them is a camel which has entered the 4th year of its life.

(ix) 61 camels: and the Zakàt on them is a camel which has entered the 5th year of its life.

(x) 76 camels: and the Zakàt on them is 2 camels which have entered the 2rd year of their life.

(xi) 91 camels: and the Zakàt on them is 2 camels which have entered the 4th year of their life.

(xii) 121 camels and above: In this case, the person concerned should either calculate the camels on group of 40 each, and give for each set of forty camels a camel, which has entered the third year of its life; or calculate them on groups of 50 each and give as Zakàt, for every 50 camels, a camel which has entered the 4th year of its life, or he may calculate them in the groups of forty and fifty. In some cases one has the option to calculate in the groups of forty or fifty, like when the number is 200, but in every case he should calculate in such a way that there should be no balance, and even if there is a balance, it should not exceed nine. For example, if he has 140 camels he should give for 100 camels, two such camels as have entered the fourth year of their life, and for the remaining forty camels, he should pay one camel which has entered the third year of its life. And the camel to be given in Zakàt should be female. In the situation of the above sixth case, however, if one has not a two year old female camel, a three year old male camel will suffice, and if he has not even this, he has the option to buy either of them.

922. It is not obligatory to pay Zakàt on what is in between two taxable limits. Therefore, if the number of camels of a person exceeds the first taxable limit, which is 5 camels, but does not reach the second taxable limit which is 10 camels, he should pay Zak ot on ony 5 of them and the same way with the succeeding taxable limits.

The Minimum Taxable Limit of Cows

923. Cow has two taxable limits.

Its first taxable limit is 30. If the number of cows owned by a person reaches 30, and other conditions mentioned above are fulfilled, he should give by way of Zakàt a calf which has entered the 2nd year of its life; and the obligatory precaution is that the calf should be a male. And its second taxable limit is 40, and its Zakàt is a female calf which has entered the 3rd year of its life. And it is not obligatory to pay additional Zakàt when the number of the cows is between 30 and 40. For example, if a person possesses 39 cows, he should pay Zakàt on 30 cows only. Furthermore, if he possesses more than 40 cows but their number does not reach he should pay Zakat on 40 cows only. And when their number reaches 60, which is twice as much as the first taxable limit, he should give as Zakàt 2 calves, which have entered the 2nd year of their life. And similarly, as the number of the cows increases, he should calculate either in thirties or in forties or in both 30 and 40, and should pay Zakàt in accordance with the rule explained above. However, he should calculate in such a way, that there should be no remalnder, and in case there is a remainder, it should not exceed 9. For example, if he has 70 cows, he should calculate at the rate of both 30 and 40, and he should not calculate them as two groups of 30, because 10 cows will be left without Zakàt being paid on them. In some cases like when the cows are 120, one has the option to calculate their Zakàt in groups of 30 or 40.

Taxable limit of Sheep (Including Goats)

924. Sheep has 5 taxable limits:

* The 1st taxable limit is 40, and its Zakàt is one sheep. And as long as the number of sheep does not reach 40, no Zakàt is payable on them.

* The 2nd taxable limit is 121, and its Zakàt is 2 sheep.

* The 3rd taxable limit is 201, and its Zakàt is 3 Sheep.

* The 4th taxable limit is 301, and its Zakàt is 4 Sheep.

* The 5th taxable limit is 400 and above, and in this case one sheep should be given as Zakàt for each group of 100 sheep. And it is not necessary to give Zakàt from the same sheep. It will be sufficient if some other sheep are given or money equal to the price of the sheep is given as Zakàt.

925. It is not obligatory to pay additional Zakàt for the number of sheep between the two taxable limits. So, if the number of sheep exceeds the first taxable limit (which is 40), but does not reach the 2nd taxable limit (which is 121), the owner should pay Zakàt on 40 sheep only, and no Zakàt is due on the sheep exceeding that number, and the same rule applies to the succeeding taxable limits.

926. If a person gives a sheep as Zakàt, it is necessary, as anobligatory precaution, that it sholud have at least entered the 2nd year of its life, and if he gives a goat it should have, on the basis of precaution, entered the 3rd year of its life.

927. If some persons are partners, then the person whose share reaches the first taxable limit should pay Zakàt. It is not obligatory on the person whose share does not reach the first taxable limit to pay Zakàt.

Zakàt on Business Goods

928 Goods earned by commutative contracts, and set aside for investment in business or profit earning, is, as a precaution, liable for Zakàt if certain conditions are fulfilled. The rate of Zakàt is 1/40.

(i) The owner of the goods should he Bàligh and sane.

(ii) The goods should have reaches the price of 15 Mithqals of coined gold or 105 Mithqals of coined silver.

(iii) The goods should have remained for one year ever since the owner intended to invest it for profit.

(iv) The intention of investing it for profit should have remained unchanged throughout the year. If the intention changes, like, when he decides to spend it for maintenance, then paying Zakàt is not necessary.

(v) The owner should be actually capable of its disposal throughout the year.

(vi) Throughout the year the owner should have a buyer of the goods equal to the capital or more. If, during the year, he getsany buyer for the goods for equal to the capital out lay, it will not be obligatory upon him to pay its Zakàt.

Disposal of Zakàt

929. Zakàt can be spent for the following eight purposes:

(i) It may be given to a poor person, who does not possess actual or potential means to meet his own expenses, as well as that of his family for a period of one year. However, a person who has an art possesses property or capital to meet his expenses, is not classified as poor.

(ii) It may be paid to a Miskin (a destitute person) who leads a harder life than a poor (Faqir) person.

(iii) It can be given to a person who is an agent of holy Imam (A.S.) or of his representative for collecting Zakàt, to keep it in safe custody, to maintain its accounts and to deliver it to the Imam or his representative or to the poor.

(iv) It can be given to those non-Muslims who may, as a result, be inclined to Islam, or may assist the Muslims for fighting against the enemies, or for other justified purposes. It can be given to those Muslims also whose faith in the Prophet or in the Wilayah of Amir-ul-Mu'minin is unstable and weak, provided that, as a result of giving Zakàt, their faith is enterenched.

(v) It can be spent to purchase the slaves to set them free, the details of which have been given in its relevent chapter.

(vi) It can be given to an indebted person who is unable to repay his debt.

(vii) It may be spent in the way of Allah for things which have common benefit to the Muslims; for example, to construct a mosque, or a school for religious education, or to keep the city clean, or to widen or to build tar roads etc.

(viii) It may be given to a stranded traveller.

These are the situations in which Zakàt can be spent. But in situations number 3 and 4, the owner cannot spend without the permission of Imam (A.S.) or his representative; and the same applies to the 7th situation, as per obligatory precaution. Rules relating to these are explained in the following articles:

930. A poor person who can do business and earn money for his and his family's maintenance, but does not do it lazily, is not permitted to receive Zakàt. Also a poor student, whose working or doing business stops him continuing the study, cannot take from the poor part of Zakàt in any way, except when study is absolutely obligatory on him. He can as an obligatory precaution, take from the part which can be spent in the way of Allah with the permission of Mujtahid, providing his study has a public benefit, and if it is not difficult for a person to learn an art, he should not, as an obligatory precaution, depend on Zakàt. However, he can receive Zakàt as long as he is learning the art.

Mutahhirat (Purifying Agents)

71. There are twelve things which make Najis objects Tahir:

(i) Water

(ii) Earth

(iii) The Sun

(iv) Trancformation (Istihalah)

(v) Change (Inqilab)

(vi) Transfer (Intiqal)

(vii) Islam

(viii) Subjection (Tabaiyyah)

(ix) Removal of original Najasah

(x) Confining (Istipà) of animal which feeds on Najasah

(xi) Disappearance of a Muslim

(xii) Draining of the usual quantity of blood from the slaughtered body of an animal.

I.Water

72. The interior of a Najis vessel, or utensil, even if it has been made Najis with wine, must be washed three times if less than Kurr water is used, and as per obligatory percaution,the same will apply if Kurr or running water is used. If a dog drinks water or any other liquid from a utensil, the utensil should be first scrubbed with Tahir earth,and after washing off the dust, it should be washed twice with running, Kurr or under Kurr water. similarly, if the dog licks a utensil, it should be scrubbed with dust before washing. And if the saliva of a dog falls into the utensil, or somewhere of its body meets the utensil, as per obligatory precaution, it should be scrubbed with dust and then washed with water three times.

73. If a utensil is licked by a pig, or if it drinks any liquid from it, or in which a rat has died, it should be washed seven times with running water, or Kurr or lesser water. It will not be necessary to scour it with dust.

A Najis utensil can be made Tahir with under Kurr water in two ways:

(i) The utensil is filled up with water and emptied three times.

(ii) some quantity of water and poured in it, and then the utensil is shaken, so that the water reaches all Najis parts. This should be done three times and then the water is spilled.

74. If a Najis thing is immersed once in Kurr or running water, is such a way that water reacher all its Najis parts, it becomes Tahir. And in the case of a carpet or dress, it is not necessary to squeeze or wring or press it. And when body or dress is Najis because of urine, it must be washed twice even in Kurr water.

75. When a thing which has become Najis with urine, is to be made Tahir with under_Kurr water, it should be poured once, and as water flows off eliminating all the traces of urine,the thing will become Tahir. But if dress or body has become Najis because of urine, it must be washed twice to be made Tahir. when a cloth or a carpet and similar things are made Tahir with water which is less than Kurr, it must be wrung, or squeezed, till the water remaining in it runs out.

76. If anything becomes Najis with the urine of a suckling child, who has not yet started taking solid food, the thing will be Tahir if water is poured over it once, reaching all parts which had been Najis.

163. If anything becomes Najis with Najasah other than urine, it becomes Tahir by first removing the Najasah and then pouring under-Kurr water once allowing it to flow off. But, if it is a dress etc, it should be squeezed so that the remaining water should flow off.

77. If the exterior of soap becomes Najis, it can be made Tahir, but if its interior becomes Najis, it cannot become Tahir, and if soap or not, its interior will be considered Tahir.

78. A Najis thing does not become Tahir unless the najis_ul_Ayn is removed from it,but there is not harm if the colour, or smell of the Najasah remains in it. So, if blood is removed from a cloth, and the cloth is rinsed with water, it will become Tahir even if the colour of blood remains on it.

79. Meat or fat which becomes Najis, can be made Tahir with water like all other things. same is the case if the body or dress or utensil has a little grease on it, which does not revent water from reaching it.

80. Tap water which is connected with Kurr water is considered to be Kurr.

81. If a person washed a thing with water, and becomes sure that it has become Tahir, but doubts later whether or not he had removed the Najis_ul_Ayn from it, he should wash it again, and ensure that the Najis_ul_Ayn has been removed.

82. If a ground which absorbs water (e.g. land on the surface of which there is fine sand) becomes Najis, it can be made Tahir even with under Kurr water.

83. If the floor which is made of stones, or picks or other hard ground, in which water is not absorbed, becomes Najis, it can be made Tahir with under Kurr water, but, it is necessary that so much water is poured on it that it begins to flow. And if that Water is not drained out, and it collects there, it should be drawn out by a vessel or soaked by a cloth.

II.Earth

84. The earth makes the sole of one’s feet and shoes Tahir, provided that the following four conditions are fulfilled:

(i) The earth should be Tahir.

(ii) The earth should be dry, as a precaution.

(iii) As an obligatory precaution, the Najasah should have stuck from the earth.

(iv) If najis-ul- Any, like blood or urine, or something which has become Najis, like najis clay, is stuck on the sole of a foot, or a shoe, it will be Tahir only if it is cleared by walking on earth, or by rubbing the foot or the shoe against it. therefore, if the Najis-ul-Any vanishes by itself, and not by walking or rubbing on the ground, the foot or the sole will not be Tahir by earth, as an obligatory precaution. And the earth should be dust or sand, or consisting of stones or laid with picks ; which means walking on carpet, mats, green grass will not make the sole of feet or shoes Tahir.

85. It is a matter of Ishkal that walking over a tarred road. or a wooden floor will make the Najis sole of feet and shoes Tahir. ( In other words, as an obligatory precaution, tarred road or wooden floor does not make Najis sole of feet or shoes Tahir.)

86. When the Najis sole of one's foot or shoe becomes Tahir by walking on earth, the parts adjacent to it, which are usually blotched with mud, become Tahir.

87. If a person moves on his hands and knees, and his hands or knees become Najis, it is a matter of Ishkal (it is improbable) that they become Tahir by such movement. Similarly, the end of a stick, the bottom of a prosthetic leg, the shoe of quadruped and the wheels of a car or a cart etc. would not become Tahir.

III.The Sun

88. The sun makes the earth, building,and the walls Tahir, provided the following five conditions are fulfilled:

(i) The Najis thing should be sufficiently wet, and if it is dry, it should be made wet so that the sun dries it up.

(ii) Any Najis-ul-Ayn should not be remained on it.

(iii) Nothing should intervene between the Najis thing and the sun. Therefore, if the rays fall on the Najis thing from behind a curtain, or a cloud etc, and makes it dry, the thing will not become Tahir. But, there is no harm if the cloud is so thin that it does not serve as an impediment between the Najis thing and the sun.

(iv) Only the sun should make the Najis thing dry. So, if a Najis thing is jointly dried by the wind and the sun, it will not become Tahir. However, it would not matter if the wind blows so lightly that it can be said that the thing has dried by the sun.

(v) The sun should dry up the whole Najis part of the building all at once. if the sun dries the surface of the Najis earth, or building, first, and later on dries the inner part, only the surface will become Tahir, and the inner portion will remain Najis.

89. If the sun shines on Najis earth, and one doubts later whether the earth was wet or not at that time, or whether the wetness dried up because of the sunshine or not, the earth will remain najis. Similarly, if one toubts whether Najis-ul- Ayn had been removed from the earth, or whether there was any impediment preventing direct sunshine, the earth will remain Najis.

IV. Transformation (Istia*àlah)

90. If a Najis thing undergoes such a change, that it assumes the category of a Tahir thing it becomes Tahir ; for example, if a Najis wood burns and is reduced to ashes,or a dog falls in a salt-marsh and transforms into salt, it becomes Tahir. But a thing does not become Tahir if its essence or category does not change ; like, if wheat is ground into flour, or is used for baking pead, it does not become Tahir

Change (Inqilab)

91. Any wine which becomes vinegar by itself, or by mixing it with vine gar or salt, becomes Tahir.

92. If the juice of grapes ferments by itself, or when heated, it becomes Halal (allowed). However, if it boils so much that only one third of it is left, it becomesHalal (allowed). It has already been mentioned in rule 60 that the juice of grapes does not become Najis on fermentation.

VI. Transfer (Intiqal)

93. If the blood of a human being, or of an animal whose blood gushes forth when its large vein is cut, is sucked by an insect, normally known to be bloodless, and it becomes part of its body, the blood becomes Tahir. This process is called intiqal.

VII. Islam

94. If an unbeliever testifies Oneness of Allah, and the Prophethood of prophet Muhammad(s), in whatever language, he becomes a Muslim. And just as he was Najis before, he becomes Tahir after becoming a Muslim, and his body, along with the saliva and the sweat, is Tahir.

95. If an unbeliever professes Islam, he will be Tahir even if another person is not sure whether he has empaced Islam sincerely, or not. And the same order applies even if it is known that he has not sincerely accepted Islam, but his words or deeds do not betray anything which may be contrary to the confirmation by him of the Oneness of Allah, and of prophet Muhammad(s) beingprophet of Allah.

VIII. subjection (TABA ‘IYYAH)

96. Tabaiyyah means that a Najis thing becomes Tahir, in subjection of another thing becoming Tahir.

97. When wine is transformed into vinegar, its container, up to the level wine reached on account of fermentation, will become Tahir. And so will the cloth or other thing which is usually put on it, if it has became Najis due to the wine. But, if the back part of the container become Najis because of contact with wine, it should be avoided, as an obligatory precaution, even after wine has transformed into vinegar.

98. If an unbeliever empaces Islam, his child in subjection to him becomes Tahir. Similarly, if the mother, grandfather or grandmother of a child empaces Islam, the child will become Tahir, provided that it is in their custody and care and there is not a Kàfir relative closer than them with it, and if the child has attained the age of under standing and discerning, it does not show inclination to unbelief.

99. The plank or slab of stone on which a dead body is given Ghusl, and the cloth with which his private parts are covered, and the hands of the person who gives Ghusl and all things washed together with the dead body, become Tahir when Ghusl is over.

100. When a person washes something with water to make it Tahir, his hands washed along with that thing, will be Tahir when the thing is Tahir.

101. If cloth etc. Is washed with under-Kurr water and is squeezed as usual, allowing water to flow off, the water which still remains in it is Tahir.

102. When a Najis utensil is washed with under-Kurr water, the small quantity of water left in it after spillig the water of final wash, is Tahir.

IX. Remoral of Najis-ul ‘Ayn

103. If body of an animal is stained with a Najis-ul-Ayn like blood or with something which has become Najis, for example, Najis water, its body becomes Tahir when the Najasah disappears. Similarly, the inner parts of the human body, for example inner parts of mouth, or nose or inner ears which become Najis with an external Najasah,become Tahir, after the Najasah has disappeared. But the internal Najasah, like the blood from the gums of the teeth,does not make inner mouth Najis. Similarly, any external thing which is placed internally in the body,does not become Najis when it meets with the internal Najasah. So if the dentures come in contact with blood from the gums, it does not require rinsing. Of course, if it contacts a Najis food, it must be made Tahir with water.

104. If food remains between the teeth, and blood emerges within the mouth, the food will not be Najis if it comes in contact with that blood.

105. Those parts of the lips and the eyes which overlap when shut, will be considered as inner parts of the body, and they need not be washed when an external Najasah reaches them. But a part of which one is not sure whether it is intenal or external, must be washed with water if it meets with an external Najasah.

X. Istipa’ of an animal which Eats Najasah

106. The dung and urine of an animal which is habituated to eating human excrement,is najis, and it could be made Tahir by subjecting it to "Istipà", that is, it should be prevented from eating Najasah, and Tahir food should be given to it,till such time that it may no more be considered an animal which eats Najasah.

XI. Disappeance of aMuslim

107. When body, dress, household utensil, carpet or any similar thing, which has been in the possession of an adult Muslim or an underage Muslim who is capable of distinguishing between purity and impurity, becomes Najis, and there after that Musl’m disappears, the things in question can be treated as Tahir, if one believes that he may have rinsed them.

108. A scrupulous person who can never be certain about a Najis becoming Tahir, he should follow the method used by the common people.

XII. Flowing out of a slau ghtered Animal’s Blood in Normal Quantity

109. As stated in rule 98, if an animal is slaughtered in accordance with the rules prescribed by Islam, and blood flows out of its body in normal quantity, the blood which still remains in the body of the animal is Tahir.

Rule of Gold and Silver Utensils

110. It is Halal (allowed) to use gold and silver vessels for eating and drinking purposes, and as an obligatory precaution, their general use is also Halal (allowed). However, it is not Halal (allowed) to have them in possession as item of decoration. Similarly, it is not Halal (allowed) to manufacture gold and silver vessels, or to buy and sell them for possession or decoration.

Ghosl

111. In Ghosl, it is obligatory to wash the face and hands (including the forearms), and to wipe the front portion of th head and the upper part of two feet.

112. The length of the face should be washed from the upper part of the forehead, where hair grow, up to the farthest end of the chin, and its peadth should be washed to the part covered between the thumb and the middle finger. If even a small part of this area is left out, Ghosl will be void. thus, in order to ensure that the prescribed part has been fully washed, one should also wash a bit of the adjacent parts.

113. If a person suspects that there is dirt or something else in the eyepows, or corners of his eyes, or on his lips, which does not permit water to reach them and that suspicion is reasonable, he should examine it before performing Ghosl, and remove any such thing if it is there.

114. If the skin of the face is visible from under the hair growing on the face, like beard, liphair etc, he should make the water reach the skin, but if it is not visible, it is sufficient to wash the hair, and it is not necessary to make the water reach beneath it.

115. While performing Ghosl, it is not obligatory that one should wash the inner parts of the nose, nor of the lips and eyes which cannot be seen when they close. however, if one is not sure that all parts have been washed, in order to ensure, it is obligatory that some portion of these parts (i.e. inner parts of nose, lips and eyes) are also included. And if a person did not know how much of the face should be washed, and does not remember whether he has washed his face thoroughly in Ghosl already performed, his prayers will be valid, and there will be no need to do fresh Ghosl for the ensuing prayers.

116. The hands and forearms, and as an obligatory precaution the face, shold be washed from above downwards, and if one washes the opposite way, his Ghosl will be void.

117. After washing the face, one should first wash the right forearm and hand and then the left forearm and hand, from the elbows to the tips of the fingers.

118. If one is not sure that the elbow has been washed thoroughly, in order to ensure, he should include some portion above the elbow in washing.

119. If before washing his face, a person has washed his hands up to the wrist, he should, while performing Ghosl, wash them again up to the tips of the fingers, and if he washes only the forearms up to the wrist, his Ghosl will be void.

120. While performing Ghosl, it is obligatory to wash the face and the hands and forearms once, and it is recommended to wash them twice. Washing them three or more times is Halal (allowed). As regads to which washing should be treated as the first, it will depend upon pouring water on the face or hand so much that it cover them thoroughly, leaving no room for precaution, with the intention of Ghosl. So, if one pours water on his face ten times, in order to cover it thoroughly, with the intention of the first washing for Ghosl, there is no harm. The first washing realises only when one washes with the intention of Ghosl. Thus, he can wash his face or hands several times, and in the final wash, make the intention of washing for Ghosl. But if he follows this procedure, the face or the hands should not be washed more than once again, as an obligatory precaution, even if without the intention of washing for Ghosl.

121. After washing both the hands and forearms, one performing Ghosl should wipe front part of the head with the wetness of his hand: and the recommended precaution is that he should wipe it with the palm of his right hand, from the upper part of the hand, downwards.

256. The part on which wiping should be performed, is the one fourth of the head posterior to the forehead it is sufficient to wipe however mucha tany place in this part of the head.

Ghusl for Touching a Dead Body

284. If a person touches a human dead body which has become cold and has not yet been given Ghusl (i.e. pings any part of his own body in contact with it) he should do Ghusl.

285. If a person touches a dead body which has not become entirely cold, Ghusl will not be obligatory, even if the part touched has become cold.

286. If a person pings his hair in contact with the body of a dead person, or if his body touches the hair of the dead person or if his hair touches the hair of the dead person, Ghusl will not become obligatory.

287. It is not obligatory to do Ghusl for touching a separated bone which has not been given Ghusl, whether it has been separated from a dead body or a living person. The same rule applies to touching the teeth which have been separated from a dead body or a living person.

288. The method of doing Ghusl for touching the dead body is the same as of Ghusl for Janaban and it does not require any Ghosl.

Rules Related to a Dying Person

289. A Mu'min who is dying, whether man or woman, old or young, should, as a measure of precaution, be laid on his/her back if possible, in such a manner that the soles of his/her feet would face the Qiblah (direction towards the holy Ka'bah).

290. It is an obligatory precaution upon every Muslim, to lay a dying person facing the Qiblah. And if it is known that the dying person consents to it and he or she is not defective, there is no need to seek the permission for it from the guardian. Otherwise, the permission must be sought as a precaution.

291. It is recommended that the doctrinal testimory of Islam (Shahadatayn) and the acknowledgement of the twelve Imàms and other tenets of faith should be inculcated to a dying person in such a manner that he/she would understand. It is also recommended that these utterances are repeated till the time of his/her death.

The obligation of Ghusl, Kafn (Shrouding),Salat and Burial

292. Giving Ghusl, Kafn, Hunot, salat and burial to every dead Muslim, regardless of whether he/she is an Ithna-Ashari or not,is obligatory on the guardian must either discharge all these duties himself or appoint someone to do them.

‏ The Method of Ghusl of Mayyit

293. It is obligatory to give three Ghusl to a dead body. The first bathing should be with water mixed with Sidr (powdered leaves of lote tree). The second bathing should be with water mixed with caphor and the third should be with unmixed water.

294. The quantity of Sidr and caphor should neither be so much that the water becomes mixed (Muèàf), nor so little that it may be said that Sidr and caphor have not been mixed in it at all.

295. Aperson who gives Ghusl to a dead body should be a Muslim and sane and as a precaution a Shi'ah Ithna-Ashariyyah, and ahould know the rules of Ghusl.

296. One who gives Ghuls to the dead body should perform the act with the intention of Qurbah, and it is enough to be with intention of complying with the God's will.

297. Ghusl to a Muslim dead child, even illegitimate, is obligatory.

298. If a foetus of 4 months or more is aborted it is obligatory to give it Ghuls, and even if it has not completed four months, but it has formed features of a human child, it must be given Ghusl as a precaution. In the event of both of these circumstances being absent, the foetus will be wrapped up in a cloth and buried without Ghusl.

299. It is unlawful for a man to give Ghusl to the dead body of a non-Mahram woman and for a woman to give Ghusl to the dead body of a non-Mahram man. Husband and wife can, however, give Ghusl to the dead body of each other.

300. If there is an essential impurity on any part of the dead body, it is obligatory to remove it befor giving Ghusl.

301. Ghusl for a dead body is similar to Ghusl of Janàbah. And the obligatory precaution is that a corpse should not be given Ghusl by Irtimàsi',that is, immersion, as long as it is possible to give Ghusl by way of Tartibi. And even in the case of Tartibi Ghusl it is necessary that the body should be washed on the right side first. And then the left side.

302. There is no rule for Jabi'rah in Ghusl of mayyit, so if water is not available or there is some other valid excuse for abstaining from using water for the Ghusl, then the dead body should be given one Tayammum instead of Ghusl.

303. A perscon giving Tayammum to the dead body should strike his own palms on earth and then wipe them the face and back of the hands of the daed body. And the recommended precaution is that he should, if possible, use the hands of the dead for another Tayammum.

Rules Regarding Kafn (Shrouding)

304. The body of a dead Muslim should be given Kafn with three pieces of cloth:a loin cloth, a shirt or tunic, and a full cover.

305. As an obligatory precaution, the loin cloth should be long enough to cover the body from the navel up to the knees, better still if it covers the body from the chest up to the feet. As an obligatory precaution, the shirt should be long enough to cover the entire body from the top of the shoulders up to the middle of the forelegs, and better still if it reaches the feet. The sheet cover should be long enough to conceal the whole body, and as an obligatory precaution it should be so long that both its ends could be tied, and its peadth should be enough to allow one side to overlap the other.

306. As a precaution, it must be ensured that each of the three pieces used for Kafan is not so thin as to show the body of the deceased. However, if the body is fully consealed when all the three pieces are put together, then it will suffice.

307. It is not permissible to give a Kafan which is Najis, or which is made of pure silk, or as a precaution which is women with gold, except in the situation of helplessness, when no alternative is to be found.

308. If the Kafan becomes Najis owing to Najasah, of the deceased, or owing to some other Najasah, its Najis part should be washed or cut off in such a manner that the Kafan may not be lost, even after the dead body has been placed in the grave. And if it is not possible to wash it, or to cut it off, but it is possible to change it, then it should be changed.

Rules of Hunot

309. After having given Ghusl to a dead body it is obligatory to give Hunot, which is to apply caphor on its forehead, both the palms, both the knees and both the big toes. It is not necessary to rub the caphor ; it must be seen on those parts. It is Mustahab to apply caphor to the nose tip also. Caphor must be powdered and freash and Tahir and Mubah, and if it is so stale that it has lost its fragrance, then it will not suffice.

310. It is better that Hunotis given before Kafn, although there is no harm in giving Hunotduring Kafn or even after.

311. Though it is Halal (allowed) for a Mutakif and a woman whose husband has died and she is in Iddah to perform him/herself, but if he or she dies, it is obligatory to give her Hunot.

312. It is Mustahab to mix a small quantity of Turbah (soil of the shrine of Imàm Husayn) with caphor, but it should not be applied to those parts of the body, where its use may imply any disrespect. It is also necessary that the quantity of Turban is not much, so that the identity of caphor does not change.

Rules ofSalat -ul-Mayyit

313. It is obligatory to offerSalat-ul-Mayyit for every dead Muslim, as well as for a Muslim child if it has completed 6 years of its age.

314. If a child had not completed 6 years of its age, but it was a discerning child who knew whatSalat was, then as an obligatory precautionSalat-ul-Mayyit for it should be offered. If it did not know ofSalat, the prayer msy be offered with the hope of pleasing Allah (Raja'an). However, to offerSalat-ul- mayyit for a still born child is not Mustahab.

315. Salat-ul-Mayyit should be offered after the dead body has been given Ghusl, Hunotand Kafan and if it is offered before or during the performance of these acts, it does not suffice, even if it is due to forgetfulness or on account of not knowing the rule.

316. It is not necessary for a person who offersSalat-ul-Mayyit to be in Ghosl or Ghusl or Tayammum nor is it necessary that his body and dress be Tahir. Rather there is no harm even if his dress is a usurped one.

317. One who offersSalat-ul-Mayyit should face the Qiblah, and it is also obligatory that at the time ofSalat-ul-Mayyit, the dead body remains before him on its back, in a manner that its head is on his right and its feet on his left side.

318. The place where a man stands to offerSalat-ul-Mayyit should not be higher or lower than the place where the dead body is kept. However, its being a littie higher or iower is immaterial.

319. The person offeringSalat-ul-Mayyet should not be distant from the dead body. However, it he is praying in a congredation (Jamaah), then there is no harm in his being distant from the head body in the rows which are connected to each other.

320. InSalat-ul-Mayyit, one who offers prayer should stand in such a Way that the dead body is in front of him, except if theSalat is prayed in a congregation and the lines extend beyond on both sides, then praying away from the dead body will not be objectionable.

321. If a dead body is buried withoutSalat-ul- Mayyet, either intentionally or forgetfully, or on account of an excuse, or if it trancpires after its burial that the prayer offered for it was void, it will not be permissible to dig up the grave for prayingSalat-ul-Mayyit. There is no objection to praying, with the hope of pleasing Allah, by the graveside, if one feels that decay has not yet taken place.

Method ofSalat-ul-Mayyit

322. There are 5 Takbirs (saying Allahu Akbar) inSalat-ul-Mayyit and it is sufficient if a person recites those 5 Takbirs in the following order:

After making intention to offer the prayer and pronouncing the 1st Takbir he should say: Ashhadu an la ilaha illa-llah, wa anna muhammadan Rasulullah. (I bear witness that there is no god but Allah and that Muhammad is Allah's Messenger.)

After the 2nd Takbir he should say: Allahumma salli ala Muhammadin wa ali Muhammad. (O'Lord ! Bestow peace and blessing upon Muhammad and his progeny.)

After the 3rd Takbir he should say: Allahumma-ghfi rlil-mu'minina walmu'minat. (O'Lord ! Forgive all believers men as well as women.)

After the 4th Takbir he should say: Allahumma-ghfir li-hadhal-mayyit. (O'Lord Forgive this dead male person).If the dead person is a female, he would say:

Allahumma-ghfir li-hadhihil-mayyit.

Thereafter he should pronounce the 5th Takbir.

323. A person offering prayer for the dead body should recite Takbirs and supplications in a sequence, so thatSalat-ul-Mayyit does not lose its from.

324. A person who joinsSalat-ul-Mayyit to follow an Imàm should recite all the Takbirs and supplisations.

Rules About Burial of the Dead Body

325. It is obligatory to bury a dead body in the ground, so deep thst its smell does not come out and the beasts of prey do not dig it out.

326. The dead body should be laid in the grave on its right side so that the face remains towards the Qiblah.

327. It is not permitted to bury a muslim in the graveyard of the con Muslims, nor to bury a non-Muslim in the graveyard of the Muslims.

328. It is not permissible to bury a dead body in a usurped place not in a place which is dedicated for purposes other then burial (e.g.in a Masjid), if it is harmful or obtrusive for the dedication. As an obligatory precaution this is not permitted, even if it is not harmful or obstructive for the dedication.

329. It is not permissible to dig up a grave for the purpose of burying another dead body in it, unless one is sure that the grave is very old and the former body has been totally disintegrated.

330. Anything which is separated from the dead body (even its hair, nail or tooth) should be buried along with it. And if any part of the body, including hair. nails or teeth are found after the body has been buried, they should be buried at a separate place, as per obligatory precaution. And it is Mustahab that nails and teeth cut off or extracted during lifetime are also buried.

Exhumation

331. It is Halal (allowed) to open the grave of a Muslim even if it belongs to a child or an insane person. However, there is no objection in doing so if the dead body has decayed and turned into dust.

332. Digging up or destroying the graves of the descendants of Imàms the martyrs, the Ulama (religious scholars) and all cases whose destroying amounts to desecration, is Halal (allowed) even if they are very old.

333. Digging up the grave is allowed in some cases, which are explained fully in defailed books.

Recommended Ghusls

334. In Islam, several Ghusls are Mustahab. Some of them are listed below:

* Ghusl-ul-jumu'ah (Friday Ghusl): Its prescribed time is from Fajr (dawn) to sunset, but it is better to perform it near noon. If, however, a person does not perform it till noon, he can perform it till dusk without an entention of either performing it on time or as Qaèà. And if a person does not perform his Ghusl on Friday it is Mustahab that he should perform the Qaèà of Ghusl on Saturday at any time between dawn and dusk.

* Taking baths on the 1st, 17th, 19th, 21st, 23rd and 24th nights of the holy month of Ramadan.

* Ghusl on id-ul-Fitr day and id-ul-Adha day. The time of this Ghusl is from Fajr up to sunset. it is, however, better to perform it before id prayer.

* Ghusl on the 8th and 9th of the month of Dhul-Hijjah. As regars the bathing on the 9th of Dhul-Hijjad it is better to perform it at noon-time.

* Some other Ghusls which are mentioned in detailed books.

‏335 After having taken a Ghusl wich its being recommended is established, like those listed in rule no. 651, one can perform acts (e.g. prayer) for which Ghosl is necessary. However, Ghusls which thier being Mustahab is not estoblished do not suffice for Ghosl (i.e.Ghosl has to be performed).

336. If a person wishes to perform a number of Mustahab Ghusls, one Ghusl with the intention of performing all the Ghusls will be sufficient.


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