Alhassanain(p) Network for Heritage and Islamic Thought

Medical Issues

Introduction

Because of the scientific and technological advancements in the West, the Muslims travelling to these countries seeking treatment are increasing, just as the Muslim residents in these parts of the world need medical treatment.

General Rules

358. It is not permissible to perform autopsy on the body of a dead Muslim for the sake of education and other purposes. It is only permissible, if the life of another Muslim depends on it-even if it is sometime in the future.

359. It is permissible to transplant an organ from an animal (including dogs and pigs) to a human being; the transplanted organ will be considered as an organ of the recipient; all rules will apply to it. So salat will be permissible with it by considering it ritually pure (tahir) after it becomes part of the human body and its cells become rejuvenated. (See the question-answer section below.)

360. It is not permissible for a doctor to switch off the medical apparatus providing a Muslim patient with oxygen, even if he is brain dead, i.e. in vegetative state. This is because the human life in Islam is sacrosanct.

The doctor should not give in to the demand of the patient or his family-members for stopping medical aid. If the doctor pulls out the plug and the Muslim patient dies because of it, he will be considered killer.

361. It is not permissible for a medical student to look at the private parts of anyone during his or her training for that profession, unless he would be repelling serious harm from a Muslim in the process-even if it is sometime in the future- .

362. It is not obligatory on a Muslim to investigate whether or not the medicine [given to him] consists of forbidden ingredients, even if the process of reading a result is easy for him.

Question and Answers

352. Question: The serious harm of narcotic drugs to the user or society in general (whether from being addicted to them or other [sociatal, familial, and ethical] reems) is well known. Therefore, the doctors and health care professionals are strongly opposing the misuse of drugs and the laws governing the society is also strongly against it. So, what is the view of the noble shari‘a on this matter?

Answer: By considering the serious harm of narcotic drugs, it is forbidden to use them due to the great damage they cause. Based on obligatory precaution, it is compulsory to refrain from using them in any way [even if there is no harm], except for medical purposes and the like; in the latter case, it can be used only to the extent of need. And Allah knows the best.

353. Question: Medical literature states that smoking is the main cause for heart and cancer diseases, and it also shortens the life span of the smoker. So, what is the rule on smoking concerning (a) the beginner, (b) the compulsive smoker, and (c) the passive smoker? In the third case, the medical experts say that the smoke also harms a person sitting besides a smoker. What would be, the ruling if he considers passive smoking to be of considerable harm?

Answer:

a. Smoking becomes haram for the beginner if it entails serious harm, even at the future, regardless of whether that serious harm is certain, most probable, or just probable so much so that sensible people would demand caution. However, with the protection from serious harm (for example, by smoking less frequently), there is no problem in it.

b. If continuing to smoke will cause serious harm to the compulsive smoker -as explained above- it is necessary for him to refrain from it unless the harm in quitting is similar, greater than to the harm in continuing, or the great difficulty that he will face in quitting is such that it cannot be normally tolerated.

c. The same rule as explained in (a) for the beginner, applies in this case also.

354. Question: Some people believe that a brain-dead person is a dead person, even if the heart has not yet stopped and that it will definitely stop after that. This is what the doctors say. Is a person who has been pronounced brain-dead be considered dead, even if his heart is still working?

Answer: The criterion in applying the term “dead” in so far as the application of religious laws goes is the common perception of people, in the sense that they would call him “dead”. And this is not proven in the situation mentioned in the question.

355. Question: The medical profession demands that the doctor checks his female patients carefully; and since getting undressed for medical checkup is common in some European countries, is it permissible to engage in medical practice here in such circumstances?

Answer: It is permissible, if one refrains from forbidden looking and touching, except where the check up of the patient requires them.

356. Question: Sometimes the practising physician feels that he has to uncover certain parts, other than the private parts, of the female patient [for examination]. Is it permissible for him to uncover her body in the following circumstances:

d. When a female physician is available, yet costly?

e. When the patient is not in danger, although she is sick regardless?

f. What is the rule if the part that the physician has to examine is a private part?

Answer:

a. If visiting a female physician is possible, it is not permissible [for a female patient to uncover her body for a male physician], unless the cost is so much that it will hurt her financial situation.

b. It is permissible, if not visiting that male physician will harm [her health-wise] or put her in a serious inconvenience that is not normally tolerated.

c. The rule is the same as explained above; and in both the cases, he must only uncover the parts that need examining. And if it is possible to treat the case without looking directly at the parts that are haram to look at (for example, if he can see through a monitor or a mirror), that should be the course of action, based on precaution.

357. Question: Some experts of genetic engineering claim that they can improve the human race by altering the genes in the following ways:

g. Removing the ugliness of the face;

h. Replacing it with beautiful characteristics;

i. By both of the above.

Is it permissible for the scientists to engage in these kinds of activities? Is it permissible for a Muslim to allow the doctors to alter his genes?

Answer: If there are no side effects, then, in principle, there is no problem in it.

358. Question: Pharmaceutical companies in the West run tests on the drugs they manufacture before selling them in the market. Is it permissible for a doctor to use a drug on his patient -without the knowledge of the patient- before its testing period is over thinking that that particular drug would cure the disease?

Answer: It is necessary to inform the patient about the situation and seek his consent on using the drug on him, except when he is sure that the drug would not cause side effects and that the doubt is only about its benefit [or otherwise].

359. Question: In certain cases, some governmental agencies demand that autopsy be performed on the body of the deceased to establish the cause of death. When is it permissible to agree to their demand and when is it not?

Answer: No heir of a deceased Muslim is allowed to give consent for autopsy to be carried out on the body of the deceased for the purpose mentioned above and other similar purposes; and it is necessary for him to prevent the autopsy if possible. Of course, if another important factor comes into play that is of equal or more importance than this basic rule, it is permissible.

360. Question: Is donating an organ by a living person to another living person (for example, a kidney) or by a dead person, by virtue of his will, to a living person permissible? Would the ruling be different, if it were from a Muslim to a non-Muslim or vice versa? Is the ruling confinable to certain organs to the exclusion of others?

Answer: As far as donating an organ by a living person to another person is concerned, there is no problem in it if it does not entail a serious harm to the donor. (For example, donating one kidney by a person who has another healthy kidney.)

As far as removing an organ from a deceased (as directed in his will) for the purpose of transplanting it into a living person is concerned, there is no problem in it so long as:

j. The deceased was not a Muslim or someone who is considered a Muslim.

k. Or the life of a Muslim depended on such transplantation.

Apart from these two cases, there is a problem in enforcing the will [of the deceased] and in allowing the removal of the organ. However, if the will had been made [by the deceased], there will be no indemnity on the person removing the organ from the dead body.

361. Question: If an organ of an atheist is transplanted in a Muslim’s body, would it be considered ritually pure (tahir) when it is considered, after transplantation, as part of the Muslim’s body?

Answer: An organ extracted from the body is ritually impure (najis) irrespective of whether it came from a Muslim or a non-Muslim. And when it becomes, by rejuvenation, part of a Muslim’s body or of someone who is considered a Muslim, it becomes tahir.

362. Question: Insulin used for treatment of diabetics is sometimes extracted from the pancreas of pigs. Can we use it?

Answer: There is no problem in injecting insulin in the muscles, veins or under the skin.

363. Question: Is it permissible to transplant the liver of pig in a human’s body?

Answer: It is permissible to transplant pig’s liver into the body of a human being. And Allah knows the best.

364. Question: Is the process of test-tube babies allowed? In the sense that the wife’s ovum and the husband’s sperm are extracted to be fertilized outside the body, and then placed in the womb [of the wife].

Answer: In principle, it is allowed.

365. Question: There are certain hereditary diseases that are transferred from parents to children and pose a danger to their lives in the future. Modern science has acquired the means of preventing some of such diseases by fertilizing the woman’s ovum in a test tube and examining the genes to eliminate the problematic ones. Then it is returned the woman’s womb. The remaining genes [i.e., ova] are destroyed. Is this religiously permissible?

Answer: In principle, there is no problem in it.

366. Question: In the process of fertilization in a lab, more than one ovum is fertilized at a time. Secured in the knowledge that implanting all fertilized ova in the mother’s womb will endanger her life. Is it permissible for us to use only one fertilized ovum and destroy the remaining ones?

Answer: It is not obligatory to implant all the fertilized ova in a test tube into the womb. Therefore, it is permissible to use one ovum and destroy the remaining ones.

367. Question: Is it permissible to engage in embellishing the face and the body [of another person]?

Answer: It is permissible, provided that one refrains from looking and touching what is haram to look at or touch.

AIDS

AIDS or Acquired Immune Deficiency Syndrome is a disease that has afflicted, based on 1996 data, eight million people worldwide and there are about twenty-two million who carry the AIDS virus. The latest data show that one and a half million people have died of AIDS in the year 1996 only, bringing the total number of those who died of the disease to six million! This was announced by World Health Organization on the International Aids Day on 1 December 1996.

Doctors have identified the following ways in which AIDS is transmitted:

a. Sexual intercourse between members of the same sex or the opposite sex [in which one member is already afflicted]. This represents the most dangerous and widespread method of the spread of AIDS. The chance of transmission through this method is 80%.

b. Through blood vessels: by transfusion; by injection (especially in the case of drug addicts); by open wounds; and organ transplantation, and even through surgery if the instruments are not properly sterilized.

c. The feotus can be afflicted while in the womb or at the time of birth if the mother is already afflicted with AIDS.

The data indicate that this disease has affected all countries and that no nation is immune against it; and that the majority of the victims are male. Diseases that had been eradicated have again started reappearing because of the AIDS epidemic (e.g., pulmonary tuberculosis).

Against this background, we presented the following questions to his eminence, Ayatullah Sistani:

368. Question: What is the rule concerning isolating an AIDS patient? Is it obligatory on him to isolate himself? Is it obligatory on his family to isolate him [from the public]?

Answer: It is not obligatory on him to isolate himself just as it is not obligatory on others to do so. Indeed, it is not permissible to prevent him from frequenting public places like masjid, etc, as long as there is no danger of infecting the others with the virus. It is, however, obligatory for him as well as others to be careful in situations where there exists certainty or probability of infecting others.

369. Question: What is the rule on intentionally infecting others with the AIDS virus?

Answer: This is not allowed. If it leads -even after the passage of time- to the death of the person who has been infected, then the heirs of the deceased have the right of retribution from the person responsible for causing to demand the infecting, provided that the latter was aware that that infection could lead to death; but if he was ignorant of that effect, or unaware of it, at that time, only indemnity (blood money) and penalty would apply.

370. Question: Is it permissible for a person infected with AIDS to marry a person who is free from it?

Answer: Yes; but it is not permissible for him or her to mislead the other party by deliberately presenting himself or herself as free from AIDS at the time of proposing while they are not. Similarly, it is not permissible for him or her to become intimate in a way that would infect the other partner.

However, if there is only a probability of infection and no certainty, then it is not obligatory for him or her to refrain from intimacy, provided that there is agreement on it.

371. Question: What is the ruling on marriage between two people who are carriers of the AIDS virus?

Answer: There is no problem in it. However, if sexual relation between them is bound to worsen the disease to a serious level, it is necessary for them to refrain from it.

372. Question: What is the ruling on the sexual relations of an AIDS patient? Is it permissible for a non-infected person to refuse sexual relation with their spouse because sexual intercourse is one of the main ways of transmitting the virus?

Answer: It is permissible for a non-infected wife not to make herself available to her infected husband for intimacy that could lead to infection by the virus. It is indeed obligatory on her to prevent him from such intimacy.

If it is possible to lessen the chances of infection to a level that is insignificant -for example, 2%- by using condom, etc, it is permissible for her to be intimate with her husband. In such a case, it is, based on precaution, not permissible for her to refuse [intimate relations with her husband].

This clarifies also the case of a husband who is not a carrier of the virus and wife who is: it is not permissible for him to have sexual relations with her in accordance with what sensible people perceive as considerable risk- of being infected by the virus. In such a case, the wife’s right to have sexual relations [at least once] every four months is suspended, except when it becomes possible to adopt methods that would properly prevent infection with the virus.

373. Question: What is the ruling concerning the right of the non-infected spouse in seeking separation?

Answer: If deception was involved in the marriage, in the sense that the husband or the wife concealed the fact that they had AIDS at the time of proposing, engagement, so much that the marriage contract (‘aqd) was recited based on that understanding, the deceived party has the right of annulment.

However, if the wife or her representative did not say anything about the issue of the disease and the husband assumed that she is free from it, the silence does not count as deception and, it therefore, does not yield the right of annulment.

If there was no deception or the disease flared up after the marriage, the non-infected husband has the right to divorcing his infected wife. Does the non-infected wife have the right to ask for divorce from her infected husband on the grounds that she is being deprived of her conjugal rights?

There are two views [on this]; precaution should not be ruled out in this case. Of course, if her husband abandons her completely and she becomes like a suspended woman [neither married nor unmarried], it is permissible for her to take her case to the religious judge1 to force her husband to choose one of two courses: either end the abandonment or divorce her.

374. Question: What is the ruling on the divorce of a woman whose husband is AIDS patient?

Answer: It has already been mentioned above.

375. Question: What is the ruling on abortion for a pregnant woman who is infected with AIDS?

Answer: It is not permissible, more so after the soul has entered the feotus. Of course, if continuation of the pregnancy poses a danger to the mother, it is permissible for her to abort it before the entering of the soul in the feotus, but not after it.

376. Question: What is the ruling on the custody of an infected mother with regard to her non-infected baby and also on breast-feeding?

Answer: She does not lose the right of custody of her baby; but she must adopt sufficient methods to ensure that the virus does not infect the baby. If it is probable -a considerable probability- that the virus may be transmitted through breast-feeding, it is necessary for her to refrain from it.

377. Question: What is the virus on considering AIDS as terminal illness?

Answer: Since this disease lasts long, what can be classified as terminal is its last stage only which is closer to death that is brought about by the disruption and complete destruction of the immune system or the occurrence of fatal nervous breakdown.

378. Question: When a person is diagnosed as having ADIS, is it permissible for the doctor or is it obligatory on him to inform the patient’s relatives, especially their spouse?

Answer: It is permissible to inform them, if the patient or his guardian gives consent. It is obligatory if the survival -for a longer time span- of the patient depends on it. It is similarly obligatory, if he knows that by not informing them, the virus would infect them for not taking necessary precautions. And Allah knows the best.

379. Question: If a Muslim knows that he contracted AIDS, is it permissible on him to engage in sexual relations with his wife? Is it obligatory for him to inform his wife about it?

Answer: If he knows that the virus can infect her through sexual relations, it is not permissible for him at all. Similarly [it is obligatory on him to refrain from sex] if there exists a considerable level of likelihood [of infection], except in the case where the wife knows about it and agrees to it.

Note

1. Translator's Note: "Religious judge" means the mujtahid or someone authorized by him in judicial matters.

Taharat & Najasat: Ritual purity & impurity

Introduction

A Muslim tries to maintain the ritual purity of his body, clothes and everyday commodities by avoiding contact with impure things because such contacts would render the other items impure and would, therefore necessitate the process of purification.

Residing in a non-Muslim country makes the process of maintaining purity difficult for some Muslims as they deal with its non-Muslim citizens in various situations of their day-to-day life: in restaurants, cafes, barber's shops, laundrettes, and, in public baths and utilities, etc. Therefore, it is appropriate for me to clarify for the respected readers the religious rules concerning taharat (ritual purity) and najasat (ritual impurity).

General Rules

36. A well known religious law says: "Everything is ritually pure for you unless you come to know that it is ritually impure." This law declares everything to be pure unless one becomes sure a particular item has become impure. And as long as you are not sure that it has become ritually impure (najis), it is to be considered pure and you can apply all the rules of purity to it without any hesitation or doubt.

37. The Ahlul Kitab (that is, the Jews, the Christians and the Zoroastrians) are ritually pure (tahir) as long as you do not know that they have become ritually impure (najis) by coming into contact with an impure object. You can follow this ruling when dealing with them.

38. The impurity transfers from one item to another through flowing wetness [that is, there is so much wetness in the impure item that it permeates to another item and makes it impure]. The impurity is neither transferred when it is dry, nor is transferred by non-flowing wetness. So, if you place your hand on a dry najis item, your hand will not become impure.

39. You can assume the ritual purity (taharat) of any person that you meet and shake hands with (even if that person's hand is wet) as long as you do not know his faith and religion - in such cases you can assume that he might be a Muslim or one of the Ahlul Kitab. Moreover, it is not obligatory for you to ask him in order to ascertain his religion; that is, even if doing so does not put you or him in any inconvenience. (See the question-answer section below).

40. Any water drops or other liquids that fall upon your body or dress are to be considered pure as long as you do not know that they are najis.

41. All kinds of alcohol (whether extracted from wood or other sources) is pure, not najis. So, the medicines, the perfumes, and the food containing alcohol are pure and can be used. It is also permissible to eat such food if the amount of alcohol is very minute.

42. No matter who was the previous user, the everyday commodities and utensils can be used without the need for purifying them as long as you do not know that they had become najis previously. (See the question-answer section below.)

43. If the carpet and the mattress become najis by the elements that do not have a mass (i.e., do not leave any marks or stains on the carpet or the mattress), it can be purified by sprinkling water over it from a kettle or a jug once until the pure water covers the impure area, and then wipe the water away by using a piece of cloth or a vacuum cleaner, etc. The carpet or the mattress will now be considered pure; and the water removed from it will be considered, on the basis of obligatory precaution, as najis.

The same rule will apply in purifying the cloth if it becomes najis by impure sources other than urine. Things becoming najis by urine will be discussed later on.

44. If one wants to purify the carpet or the mattress by using pure water connected to the kurr source [e.g., by using a hose pipe instead of pouring water from a jug], there is no need to wipe the water off using a piece of cloth or a vacuum cleaner, etc. As soon as the kurr water covers the najis area, it will become pure [and the water will also be considered as pure].

45. It is possible to purify the carpet or the mattress which has become najis by the elements that do have a mass (i.e., do leave marks or stains like blood or semen) by the same method as mentioned in No. 39 provided that the impure element is removed while washing or prior to washing. The only difference is that if it is purified by the qalil water [e.g., from a jug or a glass], then the water removed from the carpet will be considered najis as a confirmed opinion and not as an obligatory precaution.

46. If a carpet or a mattress becomes najis by urine of an infant child that mostly gets nutrition by breast-feeding, then it can be purified by sprinkling water - even if it is little - on it until it covers the najis area. In this case, there is no need to remove the water by using a piece of cloth or vacuum cleaner, etc.

47. If clothes become najis by urine, they can be purified by sprinkling little water on them from a kettle or a jug, etc., until it covers the najis area; then the water should be wiped off by using a piece of cloth, etc. You have to do this twice so that the clothes restore their taharah.

48. The water that has been wiped off from the clothes (while purifying it two times) will be considered najis on the basis of obligatory precaution, if there is no urine in them. Conversely the water will be considered najis as a confirmed opinion.

49. If one wants to purify such a clothes with pure water which is connected to a kurr source [e.g., under the water tap or by using a hose pipe], even then it is necessary to wash them twice. Similarly, it is necessary to wash the body twice -even when washed in kurr water- while purifying if it has become najis because of urine.

50. If the hand and the clothes become impure because of an intoxicating drink, a single wash can purify them. However, in case of purifying the same with little water, it is necessary to rinse the cloth after washing.

51. Utensils and cups that have become impure because of intoxicating drink should be washed three times if purified with little water. If they are purified with pure water connected to a kurr source, even then it should be washed three times, as a matter of obligatory precaution.

52. A single wash can purify the hand and the clothes that have become impure by licking of a dog. Such a clothes, need to be rinsed if it is purified by little water. (See the question-answer section below.)

53. Utensils and cups that have become impure by licking of a dog or by the dog drinking from them can be purified as follows: first they should be cleaned by using earth or dust, and then by washing them twice with water.

Questions and Answers

54. Question: The earth is one of the purifying agents. Following the example of a shoe's sole that can be purified by walking on the earth, would the same rule apply to car tires?

55. Answer: The earth cannot purify the tires.

56. Question: Where does the domino effect of mutanajjis items stop when it is no longer wet?1

57. Answer: The first mutanajjis item would make the item that comes into contact with it impure; similarly, the second mutanajjis would make the item that comes into contact with it impure; but the third mutanajjis can no longer make other items impure, irrespective of whether it is wet or dry.

58. Question: If a dog licks my body or clothes, how should I purify it?

Answer: It is sufficient to wash it once. However, if the water is little, it is necessary to rid it of the water by wringing.

59. Question: Are the Sikhs considered to be among the followers of the past revealed religions like the Jews and the Christians?

Answer: They are not counted among the People of the (Revealed) Books (the Ahlul Kitab).

60. Question: Are the Bhuddhists among the Ahlul Kitab?

Answer: They are not from them.

61. Question: Can Muslim, who rents a fully furnished house in the West, consider everything in it to be ritually pure as long as he does not find any trace of impure things in it, even if the previous occupant was from Ahlul Kitab, i.e., a Christian or a Jew? What if the previous occupant was a Bhuddhist or an atheist who does not believe in God and the prophets?

Answer: Yes, he can consider everything in the house ritually pure as long as he does not know that it has become impure. Just conjecture or doubt about impurity is of no value.

62. Question: The floor of most houses in the West is covered with carpet which is glued to the floor in such a way that it is difficult to lift it off. How can such a carpet be rendered pure (tahir), if it becomes impure with urine or blood? The water used to purify in both the cases could be qalil or kathir. Please explain the ruling in both cases.

Answer: If it is possible to wipe the water off the carpet by using a piece of cloth or a vacuum cleaner, it can be purified with qalil water, provided that the water is wiped off the carpet, in the process. Conversely, it must be purified by kathir water [i.e., by using a hose pipe connected to the tap].

63. Question: In the West, there are many public laundry places in which Muslims and non-Muslims wash their clothes. Is it permissible for us to pray in the clothes washed in such facilities, especially when we have no knowledge whether or not the washing machines are connected to the kurr water2 at some stages of the washing, and whether or not it purifies the clothes in the process of washing?

Answer: There is no problem in praying in those clothes that were pure before washing them [in such facilities] as long as you are not aware that they have become impure. [In other words, what goes in the public washing machine as pure comes out as pure unless you are sure that it has become impure.]

Similarly, [you can pray in] the impure clothes [that were washed in the public laundry machines] provided that you are reassured:

a. that the impure element, if any, has been washed away;

b. that the pure water covered the entire impure area twice (if it had become impure by urine and even if the water was connected to kurr source as an obligatory precaution) or just once (if it had become impure by other elements);

c. and that the water was removed from the clothes by wringing or other similar method [i.e., spinning of the machine] if it was qalil.

However, if you are not sure and just have conjecture that the garment has been purified as per religious requirement, the previously impure garment will still be considered impure and praying in it would not be valid.

64. Question: Can the clothes washed with liquid detergent in laundry facilities owned by a non-Muslim be considered tahir while knowing that Muslims as well as non-Muslims wash their clothes there?

Answer: If you do not know that the clothes have come into contact with a source of najasah, you can consider them tahir (pure).

65. Question: Some soaps contain pigs' fat or other animals not slaughtered Islamically. Furthermore, we do not know whether or not chemical change has taken place in the manufacturing process. Can such soaps be considered tahir? [Chemical change is a purifying agent in the sense that it purifies a najis item.]

Answer: If it is proven to contain those [impure] elements, it should be considered impure, except if the occurrence of chemical change is proven. Such a change is not proven in manufacturing of soaps.

66. Question: A toothbrush that contains bristles from the hair of a pig: is it permissible to buy, sell and use it? Does the mouth become impure by using such a toothbrush?

Answer: It is permissible to buy, sell and use it; however, the mouth will become impure by using it; and the mouth will become pure by taking that toothbrush out and getting rid of the remaining toothpaste from the mouth.

67. Question: If blood is seen in the yolk or the white part of the egg, does it make the egg impure and haram for us? Is there a solution for it?

Answer: The clot of blood inside the egg is pure, but it is haram [for consumption]. Therefore, the egg can be eaten by removing the blood from it, provided it not very minute and been absorbed in it. [In the latter case, is not removable, then the egg becomes haram.]

68. Question: Are alcoholic beverages pure? Is beer pure?

Answer: There is no doubt about the impurity of alcoholic drinks. As far as beer (fuqa') is concerned, it is impure on the basis of precaution; however, there is no doubt in it being haram.

69. Question: The people residing in Europe are of different faiths, nationalities and religions; and when we buy moist or wet food items, the shopkeeper may touch it with his hands. Since we do not know his religion, can we consider that food as pure?

Answer: As long as it is not known that the hands of the shopkeeper were najis, the food is to be considered tahir.

70. Question: What about the leather products made in a European country, if we are unaware of the source of that leather? It is said that some European countries import cheap leather from Muslim countries and then use it for manufacturing various products. Can we consider such leather pure? Are we allowed to say salat in them? Can such a weak probability [about it originating from a Muslim country] be given any credence?

Answer: If the probability of the leather originating from a zabiha (an animal slaughtered Islamically) source is so weak that people would not normally give any credence (for example, the probability of 2%), it is to be considered impure and this cannot be used in salat. But if the probability is not so weak, it can be considered pure and using it in salat would be permissible.

Notes

1. Translator's Note: An item which is impure by itself is known as 'ayn najis or simply najis; the item that becomes impure by coming into wet contact with an 'ayn najis is known as "mutanajjis," that is impure by secondary reason.

2. Translator's Note: All laundry machines are connected to kurr source because it comes from the main reservior supplying the water to the city.

Salat: The ritual prayer

Introduction

The salat has been described in some ahadith as "the pillar of religion." Imam 'Ali (a.s.), after receiving the fatal injury by Ibn Muljim (may Allah curse him), in a part of his advice to his sons, al-Hasan and al-Husayn (a.s.) said, "[Fear] Farewell Allah, and keep Allah in view with regardst salat, for it is the pillar of your religion. [Fear] Allah, and keep Allah in the matter of the house of your Lord (i.e., mosque): do not leave it empty as long as you live."1

As-Sukuni narrates from Imam as-Sadiq (a.s.), "The Messenger of Allah (s.a.w.) said, 'Satan is frightened from a believer as long as he keeps up salat on time; but when he starts neglecting them, Satan becomes emboldened and tempts him to commit major (sins).'"2 Yazid bin Khalifa said that he heard Imam as-Sadiq (a.s.) say, "When a person stands for salat, mercy descends upon him from the heaven to the earth and the angels engulf him, and an angel calls out: 'if this person knew what is [the reward] for the salat, he would never stop.'"3

From these [few selected ahadith] we can understand the clear and obvious importance of salat in Islam. And since salat is like having audience with the Almighty Allah (as the ahadith have it that a person standing for prayer is as if he is standing in audience of the Almighty), the worshiper should approach Allah through presence of heart by not thinking or occupying his mind with anything worldly and transitory. Almighty Allah says in the Holy Qur'an:

"Indeed successful are the believers who are humble in their prayers." (24:1)

When Imam 'Ali Zaynu 'l-'Abideen (a.s.) said his salat, he used to stand "firm and motionless like a tree: nothing moves on it except what is moved by the wind."4 When the Imams, al-Baqir and as-Sadiq (a.s.), stood for their salat, "their colour would change to red and then yellow as if they were talking to someone whom they could see."5

General Rules

71. The mujtahids say that salat cannot be skipped under any circumstances. It means that it is not to be omitted whether one is travelling or at home; even if the time is running out, it is obligatory upon the Muslim, for example a traveller, to say his salat in a plane, ship, car, or a train whether stationary or moving; it could be performed any where: in the waiting room, in a public park, on the side of a road, or at the work-place, etc.

72. When it is not possible for the traveller to say the salat in a plane or a car or a train in a standing position, he should say it while he is seated.

If it is not possible for him to find the direction of the qiblah, he should face the direction that he most probably thinks to be the qiblah; if he is unable to prefer one direction to the other, he should pray in whatever direction he is facing. If it is not possible to face the qiblah except for takbiratul ihram (the opening "Allahu akbar"), he should at the least say the takbir facing the direction of qiblah. (See the question-answer section below.)

73. It is permissible to ask the airhostess about the direction of the qiblah so that she may ask the pilot about it. If you have confidence in their information, you can rely on it even if they are non-Muslims.

Similarly, it is permissible to rely on scientific instruments for determining the direction of the qiblah, for example the compass, if a Muslim is convinced about its correctness.

74. If a Muslim cannot do wudhu (minor ritual ablution) for the salat, then he should do tayammum instead.

75. The length of day and night differs from place to place. If the day and the night are clearly known by the rising of the sun and its setting, the Muslim should rely on the rising and the setting of the sun for determining the times for salat and fasting. This is so even if that means that the prayers have to be said more frequently shorter days or that fasting becomes lengthier shorter nights.

76. In some places the sun does not set or does not rise at all for a number of days or months. As a matter of precaution Muslims should rely on the timings of the closest city that has night and day in a twenty-four hour period. Thus, they will, pray five salats according to the times of that closest city with the intention of qurbat in general [i.e., without saying ada (prayer on time) or qadha (prayer outside its time)].

77. If it is not possible for a Muslim to determine the beginning of true dawn (fajr) or the midday or sunset for his prayers and fasting, and he has faith in the timings given by the observatories, he can rely on the same, even if the scientists running the observatories are non-Muslims-as long as you have faith in their determining true dawn or noon or sunset times.

78. For a traveller, it is obligatory to say salat in qasr form; that is, he will recite the noon, afternoon and night prayers only two cycles (rak'at) [instead of the normal four rak'at] provided he travels for forty-four kilometers or more (in both ways), starting from the last houses of his city in normal cases.6

There are detailed and specific rules in the Manual of Islamic Laws explaining when to pray qasr and when not to pray qasr while travelling. (For some rules, see the questions-answers at the end of this section.)

79. Praying Friday salat with due attention to its required conditions is preferable to praying the noon salat, and is sufficient; that is, if a person says Friday prayer, he does not have to say noon prayer.

80. Praying in congregation (jama'at) is preferable to praying individually. Its preference is stronger in the dawn, sunset and night prayers. A noble hadith says: "A salat [in congregation] behind a learned scholar is like [praying] a thousand cycles; and behind a Qurayshi is like [praying] a hundred cycles." As the number of the worshippers increases, the preference [and the reward] also increases.

Questions and Answers

81. Question: A person used to make mistakes in the way he performed his wudhu (minor ablution) or ghusl (major ablution). After many years, he comes to realize his mistakes. When he inquires as how to solve his problem, he is told: "Repeat all your prayers and perform the pilgrimage again." Since saying all the prayers and doing the pilgrimage again is difficult, is there a solution which would salvage his prayers and pilgrimage performed with wudhu and ghusl that he thought was correct? Is there such a solution as a concession to this person so that he does not become disheartened and rebellions against religious obligations in a society which encourages such kind of rebellion?

Answer: If he was ignorant out of innocence, and therefore made mistakes without causing harm (e.g., did not follow the proper sequence in washing the head and the other parts of the body in ghusl; or did the wiping of the head or feet [mash] with a new water), then his wudhu and ghusl will be considered correct; and, consequently, his past prayers and pilgrimage will also be considered correct.

But if he was ignorant out of negligence in learning the Islamic laws or did mistakes which do invalidate the act in general (e.g., leaving out some parts of the body which must be washed in wudhu or ghusl), there is no way to validate his past prayers and pilgrimage.

However, if there is the fear that he would totally rebel when asked to make up all the past prayers and pilgrimage, then it is not appropriate to ask him to do so. Maybe Allah will improve his situation in future.

82. Question: Some people pray for years and even perform pilgrimage, yet they do not pay khums.7 Is it obligatory on them to repeat their prayers and pilgrimage?

Answer: Based on precaution, it is obligatory on them to repeat prayers and pilgrimage, if the particular dress that they used in prayers, in tawaf and in salat of tawaf was from items on which khums had become due.

However, if only the dress they used in salat of tawaf was from items on which khums had become due, and they were ignorant (even out of negligence) of the law or the status of the dress, their pilgrimage is valid, but they have to repeat salat of tawaf if they had no excuse for their ignorance.

[In this case,] they have, as a matter of precaution to return to Mecca [to perform the salat of tawaf again], if it does not entail great difficulty; otherwise they can perform that salat wherever they are.

Similarly, they will have to do the pilgrimage again if the animal offered as a sacrifice was bought with money on which khums had become due. However, if they had bought it with money whose unspecific portion was liable for khums -as is the case normally - there is no problem in their pilgrimage, even if they used it from the money on which khums had become liable; of course, they will be responsible for that amount [for payment of khums].

All this is applicable, if they knew about the obligation of khums and the law forbidding them to utilize items on which khums has become wajib or if they were ignorant out of negligence. But, if they were ignorant out of innocence, their prayers and pilgrimage are valid.

83. Question: If a traveller leaves his home town immediately after the adhan of noon prayer, i.e. without saying that prayer, and reaches his destination after sunset, has he committed a sin? And is it obligatory on him to make up for noon prayer?

Answer: Yes, he has committed a sin by neglecting the obligatory prayer in its appropriate time, and he has to make it up.

84. Question: Is the ink that had dried [on our hands, for example] a barrier to perform wudhu or ghusl?

Answer: If it does not form a mass that would prevent water from reaching the skin, the wudhu and ghusl is valid. However, if one has doubt whether it forms a mass or not, it must be removed.

85. Question: Is it permissible for a Muslim to involve in pleasure by continuing to watch an entertaining movie even, though salat time is due, and then he goes to say his prayers just before it becomes overdue (qadha)?

Answer: It is not appropriate for a Muslim to delay the saying of salat from its preferred time (i.e., at the beginning of its time span) except for an excuse; what has been mentioned in the question is not an acceptable excuse.

86. Question: Is cream a barrier to water reaching the skin, and if so should it be removed prior to wudhu and ghusl?

Answer: Apparently the effect left on the skin after it is applied is nothing but just moisture, and so it does not constitute a barrier to water reaching the skin.

87. Question: Some women let their nails grow longer than necessary for beauty. Sometimes a nail breaks up, requiring a cover that must be placed over the broken nail. Knowing that such a cover prevents water from reaching the nail in wudhu and ghusl, is it permissible to use it? How should wudhu and ghusl be performed with that cover?

Answer: Wudhu and ghusl with such a cover over the nail is not valid; therefore, it is necessary to remove it for ablutions. And the purpose mentioned above for the cover is not justifiable.

88. Question: When should one say his salat full (tamam) and when should one say it qasr (two rakat instead of four)? Is the general perception about a person being resident of a city sufficient for him to say his salat fully [in that city]?

Answer: The conditions for qasr in travelling have been mentioned in the Manual of Islamic Laws. When a person considers residing in a city for a long time, and in the general perception it is considered as such, he is not considered as a traveller (e.g., if he intends to reside in that city for year and a half, it will be considered as his home-town after one month). But if he intends to stay in that city for a short while only and is considered, in the general sense, as a visitor, he should pray qasr.

89. Question: How can we know the time of mid-night? Do 00.00 hours the point of mid-night as it is commonly held by some people?

Answer: Midnight is halfway between sunset and true dawn. So if the sun sets at 7 p.m. and the true dawn begins at 4 a.m., then midnight will be at 11:30 p.m. The criteria for determining midnight are the timings of sunset and true dawn, which differ according to place and season.

90. Question: A person who believes that he will not be able to wake up for dawn prayer if he goes to sleep, is it obligatory on him to stay awake till the time of prayer? Is he committing a sin if he sleeps and does not wake up for dawn prayer?

Answer: It is possible for him to ask someone to wake him up for dawn prayer or use an alarm clock, etc, for this purpose. If these means of waking up are not possible, then he is not committing a sin by going to sleep unless it is considered, as is widely believed, an insult to, and neglect of, the salat.

91. Question: How can we say our obligatory prayers in an aircraft, especially if we do not know the direction of the qiblah taking into consideration the instability of the floor [because the plane is in motion]?

Answer: As for the qiblah, it is possible to identify its direction by asking the captain or the airhostesses because their answers usually carry validity and are a source of assurance. One should therefore act accordingly.

As for the stability of the floor where salat is to be performed, that condition will be waived when it is not possible to achieve it. However, other conditions of prayers should, wherever possible, be observed. Under no circumstance should the prayer be delayed beyond its appropriate time span.

92. Question: How should we say our salat in trains and cars? Is it necessary to do prostration (sajda) on something or is it not necessary, in that would bending of the neck be sufficient?

Answer: It is obligatory to say salat in the usual way where possible. So, one should face the qiblah in all stages of the salat; if not, at least while saying the opening takbir. Otherwise the condition of facing the qiblah will be dropped.

Similarly, if it is possible to do the bowing (ruku') and prostration (sajdah) normally (e.g., in the aisle of the bus or the train), those parts of salat should be done normally. But if it is not possible, then one should try to bow normally for ruku' and sajdah [for example, from a sitting position on the seat or the berth of the train].

For sajdah, one has to put the forehead on an item on which sajdah is valid, even if by lifting that item to the forehead. If bowing normally is not possible, one should just indicate by bending the neck [halfway for ruku and fully for sajdah].

93. Question: If the time for salat has come while the student is still on his way to the university. When he reaches the university, he realizes that the time of salat has ended. In this case, is it permissible for him to say salat in the car although there are places in which he could pray, yet by going to those places he may risk becoming late [for his university]?

Answer: The delay in getting to the work place [or university] is not a good enough reason for praying in the car. This is because it involves non fulfillment of some of its conditions while it is possible to get down and pray normally on the earth with all the conditions fulfilled. However, if the delay is going to cause him considerable harm or put him in an untenable situation, it is permissible for him to pray in the car, (without being able to fulfill some of prayer's conditions).

94. Question: It happens that the time of salat sets in while the Muslim worker is at his work-place, - noting that finding work is not easy - thus, he finds it difficult to leave the work for salat. Sometimes he ends up losing his job because of his insistence on saying salat. Is he allowed to say his prayers as qadha? Or must he say them [on time], even if it leads to him losing his job?

Answer: If the need to work at that place reaches the level of necessity, then he should pray in time in whatever way possible: even just by indicating [by lowering the neck halfway for ruku' and fully for sajda]. However, such a situation would arise only exceptionally. So he should fear Almighty Allah and not accept a job which leads to neglecting the pillar of faith; thus, he should remember the words of the Almighty: "And whosoever fears Allah, He will make a way out for him [from difficulties] and provide for him from where he does not expect." (65:2)

95. Question: Many big companies and business in the West employ large numbers of employees who work in offices about whose ownership they have no idea. So what is the ruling on:

a. Praying in those offices and using the water for wudhu?

b. If praying there is problematic, what would become of past prayers said in those places?

Answer:

a. There is no problem in praying in those places nor in using the water for wudhu as long as it is not known to have been usurped.

b. If it becomes clear after saying the salat that the property was usurped, the past prayers are valid.

96. Question: If I pray with a leather belt or a wallet made from leather of a mayta and realize it during the salat or after finishing it but before the end of its time span or after the ending of its time span-what would become of that prayer?

Answer: The prayer with a wallet made from leather of a mayta is valid just as it is acceptable to pray with a belt made from such a leather, provided that the probability of it being from zabiha is not a very low probability that would be ignored by sensible people.

In the second case [of very low probability], if he was ignorant [of this rule] and realized during salat, he should take it off immediately and his salat would be valid. The same rule would apply if he forgot [that he had the wallet or the belt on him] and remembered during salat, provided that his forgetfulness was not a result of carelessness and indifference. In other cases, he will have to repeat salat in time or qadha as a matter of obligatory precaution.

97. Question: One of the famous trousers these days is the one known as jeans. It is made in non-Muslim countries. It has a piece of leather used as a label. It is not known whether the leather is that of an animal slaughtered Islamically or non-Islamically-is it permissible to say salat with these trousers?

Answer: Yes, it is permissible.

98. Question: Is salat valid if the person uses cologne? Is cologne ritually pure?

Answer: Yes, it is pure.

99. Question: Is it alright to do sajdah on concrete or on mosaic?

Answer: Yes, it is alright.

100. Question: Some prayer-mats are made of synthetic material; is it permissible to do sajdah on them?

Answer: Sajdah on such items is not good enough.

101. Question: Is it permissible to do sajdah on writing paper and on paper tissues, especially, if is not known whether or not the raw material they are made of was from items on which sajdah is valid?

Answer: It is not permissible to do sajdah on paper tissues, only after ascertaining that they have been made from items on which sajdah is allowed; it is permissible to do sajdah on paper if it is made from material on which sajdah is allowed or from cotton or flax.

102. Question: A reciter of the Holy Qur'an recites a verse of wajib sajdah, on hearing it from a cassette player, is it obligatory on us to do sajdah in this case?

Answer: It is not obligatory.

Notes

1. Tafsilu Wasa'ili 'sh-Shi'a, vol. 4, p. 35.

2. Imam 'Ali, Nahju 'l-Balagha (ed. Subhi as-Salih), p. 422.

3. Tafsilu Wasa'ili 'sh-Shi'a, vol. 4, p. 28.

4. Sayyid Muhammad Hadi al-Milani, Qudatuna: Kayfa Na'rifuhum, vol. 6, p. 164 which has a special section on the prayers of Imam Zaynu 'l-'Abideen (a.s.).

5. Sayyid as-Sistani, Minhaju 's-Saliheen, vol. 1, p. 193.

6. "In normal cases" means other than the major metropolitan cities where going from one end to another is considered travelling.

7. Translator's Note: Khums is an annual Islamic tax applied, among other things, on the savings. See the Manual of Islamic Laws or the present translator's, Khums: An Islamic Tax for details.