Alhassanain(p) Network for Heritage and Islamic Thought

Q. 55: Selling a worn out freezer:

The Jama 'at possesses one deep freezer which is in a very bad condition and not properly working. It was given by one Mu 'min a long time ago on either donation or wakf basis. Under such circumstances are we allowed to sell this property as after sometimes we wont get a good price due to its condition.Fortunately, a Mu 'min from Dar es Salaam has donated a new deep freezer for the Jama'at. We would like to know the Islamic Shari 'ah for it.

A: In the circumstances mentioned in your question, you may sell the said deep freezer. The price thus realized should be used for a similar purpose; it should not be treated as a general income of the Jama'at.

Q. 56: Concerning a disused cemetery:

There is a cemetery in our locality, and the Mo 'mineen of the locality still bury dead in its eastern and western ends. Although no fresh corpse has been buried in its middle part since about last 70 years,

yet there are still signs of the old graves.

The above middle part of the land has turned now into a playground and fun-place for youngsters: also the government has occupied one part of the said portion by installing a tube-well for Water Supply to the locality and other adjascent villages and is going to construct a pump-shed too: and the adjacent peasants have made encroachments too. Now the Shi 'a youths of the village have started construction of a school building here in which both the general and religious subjects shall be taught. The plinth of the school building has already been constructed which has involved an amount of about Rs. 20,000/ = up till now.

Now in order to make sure that there is no obstacle from the Shari 'ah point of view, we raised the issue with Ayatullah al- 'Uzma Aqae Khoui, who has favoured us with the ruling to go ahead subject to the condition that the cemetery does not come under the ambit of Waqf (Copy enclosed for ready reference). Now we are in dilemma whether the said cemetery may be called Waqf of not; because there is no information regarding the said piece of land except that:-

1. The land in question had originally been a Common Land not owned by anyone. (The extract of Patwari record, showing the said land as Shamilati Deh i.e. a common land, customarily known as common grazing field/ pasture, is enclosed.) It is besides the fact that there is no evidence that it has ever been anyone's personal property or otherwise which was endowed for the purpose.

2. Our ancestors later used the land for burial.

3. There are signs of old graves almost all over the land and process of burying is still going on in its eastern and western ends as mentioned above.

4. The land in question is widely known as cemetery.

Meanwhile, we have received a fresh issue of "Al-Tawhid" (English) from Tehran which contains an article with regard to Waqf by 'Allamah Muhammad Jawad Maghniyyak (Copy enclosed for your perusal). The worthy 'Allamah has Elaborated the issue of cemetery in detail and has made it clear that such type of cemetery which has originally been a common land is not to be reckoned as Waqf.

We may humbly request your gracious-self to kindly guide us and make us aware about our "Shari 'ah obligations " on this issue. We couldn't further correspond with Aqae Khoui as there is no communication facility available at present and also it usually takes a lot of time to get any reply from him, when the matter is of great importance for us and needs immediate settlement.

A: Your letter with enclosures has been sent to me by the World Ahlul Bayt Islamic league (London). It appears from your explanation and the attached papers that the said plot (used as cemetery) was not a Waqf. The plainned school for secular-cum-religious education may be built, if the builders strictly adhere to the conditions laid down by Ayatullah al-'Uzma as-Sayyid al-Khoui in his reply. And Allah Ta'ala knows better.

Q. 57 On Various hair-do 's:

My wife plaits hair using the artificial hair which they call "Rasta":

(a) Is this permissible

(b) Will her ghusl- hayd or Janabah be OK with her plaited hair intact?

(c) What about the current feminine hair fashion which they call "Curl"?

(d) What about bleaching of skin?

A:

(a) No harm, if the hair used is not of a Kafirah woman.

(b) If water reaches every part of the head skin, then it is O.K. Washing hair is not necessary in Wajib Ghusl.

(c) No harm.

(d) There may be harm from medical point of view; but from shari'ah point, there is no difficulty.

Q. 58: Using water is harmful:

Since delivery of my child 5 months ago, if I use water (hot or cold) for wudhu etc., I get internal troubles. How should I pray?

A: you should do Tayammum in place of wudhu or ghusl (as and when necessary) and perform your prayers.

Q. 59: Wudhu after Ghusl-e-Janabat:

Is it not permissible to perform wudhu after Ghusl Janabat?

A: It is not allowed, according to Ayatullah al-'Uzma Gulpaygani. As for Ayatullah al-'uzma as-Sistani, he says that Wudhu is not required after Ghusl-e-Janabah.

Q. 60: How the Prophet (S.A. W) used to pray?

How did the Holy Prophet (S.A. W) used to pray in sajdah, Quiyam, etc.?

A: As we the Shi as do. Our method of prayer comes from our Imams who had inherited it from the Prophet (S. A.W).

Q. 61: Should Salaam in prayer be said loudly or in WHISPER?

When I'm in Salah, during Salaam at the end of prayer do I say it quietly or loudly?

A: In dawn prayer it is said loudly; in other four prayers, in whisper. The custom is that you recite the salaam in the same voice which you used for the last rak'ah of that prayer. Also the dhikr of ruku' and sajdah, should be recited in the same voice as used before ruku'.

Q. 62: This refers to your reply to my earlier question

That dhikr of Ruku' and Sajdah etc. in each rak 'ah should be recited either loudly or in whisper according to the voice used before ruku'. Now, should I say salam (at the end of salah) loudly and then the ma'moom repeats it, or I just keep them totally silent in all prayers?

A: Your previous question did not mention congregational prayers. What I had written was about furada (individual) salah. In congregational prayer, the Imam should recite dhikr of ruku' and sajdah, as well as tashahhud and salaam in normal loud voice. (He should not "shout").

Q. 63: PRAYING BEHIND A WOMAN:

If in a community no male Muslim has learnt about Islam, and there is a Muslim lady well- versed in Qur 'an etc., can she lead the males in prayers?

A: She may lead a congregational prayer of the ladies only; but if even a single man stands behind her, she can not be the Imam of that prayer.

Q. 64: Praying in a Sunni mosque:

I go to a Sunni mosque for praying. The Imam does not hate the Shi 'as. Can I pray behind him? And how?

A: There is no objection if the Imam does not show any hatred towards the Shi'as. When you want to pray behind a Sunni Imam, you must recite Surah al-Fatiha and the other surah in the first and the second rak 'ahs in whisper.

Q. 65: Why 3-time prayers?

The difference in time: why do Sunnis pray 5 times separately and the Shi 'as 3 times?

A: You have used wrong wording in the question. The prayers of' Asr and 'Isha are not prayed simultaneously with Dhuhr and Maghrib respectively. They are prayed after Dhuhr and Maghrib. Thus we do not pray "3 times"; this also is "5 times".

You should have asked: Why do we pray 'Asr and 'Isha soon after Dhuhr and Maghrib? The fact is that even the Sunni books record that the Prophet (S.A.W) some times prayed 'Asr soon after Dhuhr and 'Isha soon after Maghrib, in order to give his Ummah some latitude in this mater. However, it is more rewarding to pray each prayer in its fadhilat time. For description of Fadhilat times, read "Elements of Islamic Studies".

Q. 66: PERFUME IN PRAYER

Can we use perfumes in prayers? If i put perfume and then go to the mosque, am I allowed to pray with it?

A: Yes. Using perfume for prayers is highly recommended and brings more reward.

Q. 67: THE FIRST MOSQUE BUILT:

Which was the first mosque built by the Holy Prophet (S.A.W)?

A: The mosque of Quba, a few kilometres outside Medina, where the Holy Prophet (S.A.W) had stayed for more than 14 days waiting for 'Ali (A.S) and Ahlul Bayt. He built there the mosque which is extolled in the Qur'an as the "mosque founded on piety (taqwa) from the very first day". (Qur'an, 9:108).

Q. 68: RECITING SHAHADATAIN IN FUNERAL PROCESSION:

In this part of the world when the Muslims carry a dead-body for burial, they loudly recite the Shahadatayn. Some people say that it is not allowed because it is an innovation. What is the truth?

A: It is true that it is an innovation. But it is wrong to say that every thing started after the Prophet (S.A.W) is unlawful. One should see whether a particular "innovation" is good or bad; whether it conforms to the demands and nature of Islam or not, and then should decide accordingly. In this case, Reciting La Ilaha Illallah, Muhammadun Rasulullah, is not bad at any time. Why should it be considered unlawful in a funeral procession?

Q. 69: WHEN AND BY WHOM WAS THE SYSTEM OF WASHING THE FEET IN WUDHU INTRODUCED?

At what stage of Islamic history and by whom, the form of Wudhu (especially washing the feet) was changed?

A: It appears from some Sunni writings that it was changed by 'Umar. The famous Sunni scholar, Shah Waliullah Muhaddith Dehlavi (the father of Shah 'Abdul 'Aziz Muhaddith Dehlavi) has written in Izalatul 'l-Khifa' (vol.2, p. 84): There are many masa'il concerning which conflicting traditions have been narrated, and Hazrat ('Umar) Farooq found practical adjustment (for them),and the mujtahids follow the same practice, like................ the mas 'alah of washing the feet (in Wudhu) and the mas 'alah of mut'ah."

The Sunni traditions mention the names of some of the companions and tabi'in who did not follow the system prescribed by 'Umar. The list includes not only 'Ali (A.S), 'Abdullah ibn 'Abbas, Anas ibn Malik, but 'Abdullah ibn 'Umar also, apart from 'Ikrimah, A'mash and Sha'bi. (Tafseer Ad-Durru'l-Manthur, vol. 2, p.263). But obviously the Sunni mujtahidin could not leave the Sunnat of 'Umar.

Q. 70: Reciting Surah Without Bismillah in Sunnah Prayers

In sunnah prayers, can we recite the sura without Bismillah? For example, whenwe recite Surah Qul Huwallah seven times in the prayer of the Night of Destiny?

A: No. Bismillah is a part of every Sura (except Surah 9). If you drop it, you have not recited Qul Huwallah completely.

Q. 71: DROPPING BISMILLAH IN QUR'AN KHWANI:

Can we drop Bismillah in Qur'an Khwani, especially when time is short?

A: It is a must in the beginning of the Surahs (except the 9th Surah) as mentioned above. For other parts it is not necessary, although highly emphasized. If time is short, you may recite it, even in whisper, just before your turn to recite Qur'an comes.

Q. 72: FOLDING ARMS IN PRAYERS?

By whom and in which period of Islamic history was the folding of arms in prayers introduced?

A: It appears from some reports that when Iranian prisoners were brought before 'Umar, they stood before him with folded hands. On being asked the reason, they said that it was their custom to stand before the elders with folded hands. 'Umar said: Then we too should do the same when we stand before Allah in prayers. That was the beginning.

But as I will explain later, the idea was not accepted in Medina there are some pointers which show that it had caught up in the early days of Mu'awiyah's governorship in Damascus. When Anas ibn Malik, a companion of the Prophet (S. A. W), went to Syria, he wept and said: "I do not see here anything which I used to see in the days of the Prophet (S.A.W), except this prayer, and that too is disfigured." (Sahih al-Bukhari).

Then there are these four Imams of the Sunnis. Look at their fatwas concerning this matter; and you will see the truth yourself.

1. Imam Malik ibn Anas (died 179) lived in Medina.He orders his followers (the Malikiyah) to keep their hands open, saying that it is the way the people of Medina pray, and they must have learnt it from the Prophet (S.A.W).

2. Imam Abu Hanifah (died 150 A.H) and Imam Ahmad ibn Hanbal (died 241 A.H.) lived in Iraq and they ordered their followers to keep the hands folded.

3. Imam Shafi'i (died 204 A.H.) was born in Mecca, studied in Medina and then shifted to Iraq and finally to Egypt. He gives his followers choice of folding the hands or keeping them open.

Have you noted the connection between their places of residence and their fatwas? The man who lived in Medina kept the hands open; those who lived far from Medina folded their hands and the one who lived in both places allows both customs. It make us believe that the custom of folding the hands in prayer was invented far from the city of the Prophet (S. A. W).

Q. 73: SAYING 'AMEN' IN PRAYER:

I notice that we the Shi'a do not say "AMEN" after al-Fatiha. As you know, I was previously a Sunni. Now what I want to know is: Did one of the first 3 Caliphs introduce this system? Or did this bid'ah come in Islam from the Ummayads or Abbasids?

A: It is not definitely known when this custom was started and by whom. But there are traditions from the Imams of Ahlul Bayt (A.S) which say that saying "Amen" after Surah al- Fatihah in prayer is bid'ah. One such tradition from Imam Ja'far as-Sadiq (A.S) says:

"When you are (praying) behind an Imam and he finishes Surah al-Fatihah and completes it, you should say, "Alhamdu-Lillahi Rabbil 'Alameen", and do not say "Amen". (Al-Kafi and Tahdhibu 'l-ahkam). It indicates that saying "Amen" had become established by that time, i.e. in Umayyad period.

By the way, the Sunni book, "Naylu 'l-awtar " quotes Imam Malik (the leader of the Malikis) as saying that the Imam should not say "Ameen" in those prayers which are recited loudly.

Q. 74: KADHALIKAALLAHU RABBI

We say, Kadhalikallahu Rabbi, (Even so is Allah, our Lord), after Surah Qul Huwallah, in prayer. Is it correct? This sentence is not in the Qur 'an.

A: According to ahadith, it is mustahabb to say it after surah Qul Huwallah, whether in prayer and at other Occasions. Likewise, it is mustahabb to say, "La bi shayin min 'alayika Rabbi ukadhdhib" (None of your bounties do I reject, O my Lord!) after every Fa bi ayyi'alayi Rabbikuma tukadhdhiban (Which then of the bounties of your Lord will you deny?) in Surah ar-Rahman. These are not parts of the Qur'an; they are included in the etiquette of the recital of Qur'an.

Q. 75: SAJDAH ON WOOLEN CARPETS

The Iranian clergymen urge the Shi'as to offer their prayers on the woollen carpets of the Masjid un Nabi and to prostrate on the same without using muhr, for the sake of Islamic unity. Is it valid?

A: It is OK if done because of Taqiyah. However, I have seen a lot of Shi'as from Qateef and Bahrain using small mats (made of palm leaves or other such reeds) for prayer even inside the masjid of the Prophet (S.A.W), and obviously nobody can object to it.

Q. 76: TURNING HEAD RIGHT AND LEFT IN PRAYER:

We the Shi 'as don't turn our heads at the end of Salah, like the Sunnis do, when they supposedly salute the angels by saying "As-Salamu 'Alaykum Warahmatullahi wa Barakatuh" turning their heads to the right, then to the left. How did that system come into the Salah?

A: In fact it is a Sunnah of the Prophet (S.A.W) to turn fractionally one's glance (not the head) first to the right and then to the left at the time of salaam. But the Sunnis have exaggerated it to such an extent that they turn their faces completely to the sides. It appears from some unconfirmed reports that it was started during the first Khalifa's time.

One fails to understand how this custom conforms with the 'niyyat' (intention) of praying "with my face towards holy Ka'bah". They do this niyyat and then twice turn their faces away from the Ka'bah. Does that niyyat remain valid? Likewise, they do niyyat to fast from before dawn to after sunset; and then break their fast without making sure that the sun has really set. Does that fast remain valid?

Q. 77: ON SALAAM AND TASHAHUD

Some times I get into a discussion about how we the Shi'as say 'alayhi 's-salaam after mentioning 'Ali and the Imams. I know its in Sahih Bukhari from what I have read, but where is it in Shi'a books? Fakhruddin ar-Razis Commentary on how to salute the Prophet says: "The companions came to al-Nabi (S.A. W) and said: "How do we salute you?

O, Messenger of Allah (S.A. W)? "; and he said: "Say: O Allah, venerate Muhammad and the aal of Muhammad like Thou didst venerate Ibrahim and the aal of Ibrahim: O Allah, bless Muhammad and the aal of Muhammad like Thou didst bless Ibrahim and the aal of Ibrahim in the world; surely Thou Art praised and magnified " And when you give salam on me don't just stop there implying that Ahlul Bayt (A.S) should be included. Then a Sunni scholar said: "Why don't the Shi'a say this Tashahhud when they include Ahlul' l-Bayt (A.S) in Salawat on Muhammad Can you explain, please!

A: We surely include Ahlu'l-Bayt (A.S) in the Salawat. Our prayer is based on the prayer as shown and taught to us by the Prophet and his Ahlu'l-Bayt (Peace of Allah be on him and them all). If a statement or sentence is correct it does not mean that it should be made a part of prayer.

For example, it is a fact that Muhammad (S.A.W) is the Wali of God, and His chosen and beloved friend. But what do we say in the Tashahhud? "I bear witness that Muhammad is His servant and Messenger." That's all. No other attribute or adjective is used. After that comes the "Salawat" and only that sentence is used which is prescribed for this purpose here, and which is taught to us by the Ahlu'1-Bayt (A.S).

Q. 78: CORRECT PRONOUCIATION OF SALAWAAT

Some people say in Salawat: Allahumma Salli 'ala Muhammad wa 'ah Muhammad. Is it correct?

A: The correct way according to Arabic grammar is, Allahumma Salli 'ala Muhammadin wa 'ali Muhammad.

Q. 79: HOW ADHAN WAS INSTITUED?

According to Sunni Tarikh the adhan was instituted by one of the companions hearing it in a dream... so it is said that the Prophet told Bilal ibn Raba (R.A) to go on the top of the Masjid-un-Nabi and say Adhan. It sounds as if Adhan was something the Muslims made up at the spur of the moment.

A: There are so many traditions in the Sunni books, all contradicting each other: there are so many companions mentioned in various stories that one is bound to think that each narrator had his own axe to grind - wanted to promote his own favourite companion.

Adhan is an 'ibadah (act of worship); how can an 'ibadah be instituted through people's consultation? Our traditions say that when the Holy Prophet (S. A.W) ascended to heaven in Mi'raj, Jibra'il said adhan and the Holy Prophet (S.A.W.) led the angels in prayer. But it will be wrong to infer from this tradition that adhan was started in Mecca.

It was not. It was started after hijrah in Medina, but its basis was that adhan of Jibra'il during the Mi 'raj. Among Sunni Muhaddithin, at-Tabarani has narrated from Ibn 'Umar a hadith similar to what I have just narrated from our books; also Ibn Marduwayh has narrated from 'A'ishah from the Prophet a similar hadith.

Masjid-un-Nabi in those days was thatched with date-fronds. (Minarets were not invented for mosques in the early days of Islam. It is a later innovation.) So, Bilal ibn Rabah (not Raba) (R.A) could not get on the top of the Mosque of the Prophet (S.A.W).

Q. 80: Changes In Adhan

I tell some brothers that the 2nd caliph 'Umar ibn Al-Khattab took Hayy 'Ala Khayril 'Amal out of the Adhan and added "As Salatu Khairum Minanawum ". They say where is your proof? So that s why I 'm coming to you to know where is the proof in the Sunni books?

A: These are well-known facts, although Sunni scholars keep them hidden from their followers.' Allamah Qawshaji and 'Allamah Taftazani (two authoritative Sunni scholars and theologians) have written in their books, Sharh Tajrid and Sharh Maqasid, respectively, that:

"Umar (2nd Caliph) said: 'There were three things in the days of the Messenger of Allah (S.A.W). I forbid them and make them haram (unlawful) and shall punish for them: Mut'ah (marriage) of women and Hajjut-Tamattu', and Hayya 'ala Khayril-amal."

Imam Malik ibn Anas has narrated in his al-Muwatta' that during the caliphate of 'Umar the Mu'azzin came to call him for the dawn prayer and found him asleep. He said:

As-salatu Khayrum minan nawm (Prayer is better than sleep); 'Umar woke up and ordered the Mu'azzin to include it in the Adhan of Fajr." (Kanzul ummal, vol. 4, p. 270). When 'Ali (A.S) heard it, he said: "Do not add in Adhan what is not in it." (Naylul-Awtar of Imam Shaukani, vol. 1, p. 238). But obviously, Khalifa's order was obeyed.

Many other references can be quoted for these things, if necessary.

Q. 81: BID'AH IN TARAWIH

I read in a book that the "Tarawih " prayer is bid'ah according to shia. Can you give me a short history of its institution and how it came into being?

A: Nawafil prayers are not allowed with Jama'at except salatul-istisqa' (the salat for praying to Allah to send rain). But 'Umar, in defiance of this rule of shari'ah, made people pray nawafil with Jama'ah in the nights of the holy month, and he himself said that it was a good bid'ah! See for example the following report of Sahih al-Bukhari (the chapter of Taraweeh):

'Abdu'r-Rahman, son of 'Abd said : "I went with 'Umar to the Masjid in a Ramadhan night; and there were people disorganised.... Then 'Umar said: 'I think it would be ideal if I make them pray together with one reciter' (i.e., behind an Imam of Jama'at); so he thus decided and gathered them behind Ubay ibn Ka'b.... Then I went there with him another night and the people were praying with one Imam. 'Umar said: 'A good bid'ah is this.'"

'Allamah Qastalani writes in Irshad as-Sari (Commentary of Sahih al-Bukhari): He called it bid'ah, because the Messenger of Allah had not prescribed it for them nor was it in the days of the (first caliph) Siddiq (R.A), nor was it for the early parts of night, nor to this (fixed) number."

Imam as-Suyuti (in Tarikhu 'I-Khulafa) Muhammad ibn Sa'd (in at-Tabaqat) and others have clearly counted the Taraweeh among the things started by 'Umar. 'Umar started it in Ramadhan, 15 A.H., the second year of his caliphate.

Q. 82: SPECIAL NAWAFIL FOR THE MONTH OF RAMADHAN:

Do we Shi 'as have special prayers during the Holy month of Ramadhan other than the Wajib 5 prayers?

A: According to our traditions, there are 1000 rak'ah prayers (i.e. 500 prayers of 2 rak'ah each) spread over the 30 nights of the holy month. The details are as follows: From 1st to 20th night: 20 rak'ah every night (8 rak'ah after Maghrib and 12 after 'Isha) Total: 400 rak'ah.

From 21st to the end of month: 30 rak'ah every night (8 after Maghrib and 22 after 'Isha) Total: 300 rak'ah.

19th, 21st and 23rd nights: 100 raka'ah each night Total: 300 raka'ah. Thus 400+300+300=1000 rak'ah.

It is to be prayed NOT in Jama'at because Nafilah prayer is not with Jama'at. This was the mistake made by 'Umar (in Taraweeh) that he made people pray nawafil with Jama'at.

Q. 83: DECLARATION OF NEW MOON BY MUJTAHID'S ORDER:

The first date of a month is not proved by the order of a Mujtahid and it is better to observe precaution." (Mas'alahNo. 1740). Please explain for me what does this Fatwa mean.

A: It is a Mujtahid's prerogative to find out a rule of Shari'ah and make it known. But when it comes to applying that rule in practical life, his words have the same value as those of any other learned and pious person. For example, Mujtahid has the authority to give fatwa that beer is haram and sherbat is halal but if there is a glass of coloured liquid and you do not know whether it is beer or sherbet, it is not a mujtahid's job to decide its reality. It is for the man who intends to use it to make sure that it is sherbet, not beer. And even if a Mujtahid says so something about it, it has the same force as that of other knowledgeable persons.

Coming to your question, the mujtahid has the authority to describe how the new moon should be proved. But if some' Adil persons give evidence before him and he is satisfied that they have seen the moon, and thereupon he gives "order" that tomorrow is the first day of (let us say) Ramadhan, then will this order be binding on the believers? Some Mujtahids, like Ayatullah al-'Uzma Gulpayegani, say that it is binding on all believers (except when one is sure that the evidence relied upon by the mujtahid was not true).

Some other mujtahids like late Ayatullah al-'Uzma al-Khoui (R. A) say that it is not binding, as the fatwa quoted in your question shows. However, he had said that it was better to observe Ihtiyat (precaution).

It means that in case of the month of Ramadhan, one should fast, but not with the niyyat of Ramadhan; instead one should fast with intention of Qada (if a fast is due) or Sunnat. Then if later on it was known that it actually was the first of Ramadhan, that Qada or Sunnat fast will be counted as that of Ramadhan. In case of Shawwal, one should travel out of town to the prescribed limit of "journey" and then break the fast.

Q. 84: IHRAM BY NADHR:

I will arrive at Jeddah by air; the plane will fly over Qarnu 'l-manazil before proceeding to Jeddah. Can I make nadhr to put on Ihram and become muhrim when the plane flies over Qarnu 'l-manazili? Or, is it better if I become muhrim when the plane lands at Jeddah? Or, should I make nadhr to became muhrim from home?

A: According to Ayatullah al-'Uzma as-Sistani, you may make nadhr to put on Ihram and become muhrim from your home. So all your problems are solved. Of course, you will have to sacrifice one goat or sheep as Kaffarah of travelling under shadow (i.e. in plane).

This Kaffarah will be slaughtered in Mina. If you travel in closed car or bus during hajj (Mecca-Arafat-Mina), that too will need another Kaffarah, which will be slaughtered after you return to your home. [Kaffarah of 'Umrah is given at Mina and of hajj in home town.]

Q. 85: DID THE PROPHET(S.A. W) PERFORM TAWAFUN NISA '?

Did the Holy Prophet (S.A. W) perform Tawafun Nisa'? How is it that NOT a single reference to it is traceable in the Sunni books of Hadith, as in the case of Tawaf Qudum, Tawaf lfadah and Tawf Wada'?

A: Ash-Sharif al-Murtada (died 436) has written that there is no dispute that the Holy Prophet (S.A.W) had done Tawafun Nisa'. (All agree that the Prophet (S.A.W.) had done two Tawafs; and as will be explained below, the second one was Tawafun Nisa'.). As for the second part of your question, I'll quote an Arabic saying: "It is not the first glass broken in Islam". May be, the Sunni traditions have contused Tawafun Nisa' with Tawaf Wada'; but I am not sure.

Q. 86: GIVE ME AHADITH ABOUT TAWAFUN NISA

In which book and chapter of hadith belonging to our School of thought is Tawafun Nisa' mentioned? Please quote me the relevant traditions.

A: There are a lot of ahadith about Tawafun Nisa' narrated from our Imams in al-Kafi, Man la yah duruhu 'l-faqih, Tahdhibu 'l-ahkam, Wasa 'ilu sh-Shi 'ah etc. I am quoting here a few short traditions for your benefit.

1. It is narrated from Abu 'Abdillah (A.S) that he said about one who performs Hajj al- Qiran. "Hajj al-Qiran is not done except with driving of the sacrifice animal; and upon him is a Tawaf of the House, and two rak'asnearMaqam Ibrahim, and sa'y between the Safa and Marwah, and a Tawaf after Hajj and it is Tawafun Nisa'."

(Tahdhibu 'l-ahkam, Vol. 1, p. 458; Wasa'ilu 'sh-Shi'a, vol.8, p. 149). Note: This hadith of Imam Ja'far as-Sadiq (A.S) explains that there are only two Tawafs in Hajj al-Qiran. Remember that the Prophet (S.A.W) had done Hajj al- Qiran, while the others (who had not brought their sacrifice animals with them from their places) were ordered to do Hajj at-Tamattu'.

And all traditions say that the Prophet had done two Tawafs: First on 4th Dhul-hijja, on entering Mecca. He did Tawaf, prayed Salatut Tawaf and then did sa'y. Second, on 10th Dhul-hijja after sacrificing the animals and shaving the head (Tahdhibu 'l-ahkam vol. 1, p. 576; Furu' al-Kafi, vol. 1, p. 233) 2.)

2. Abu 'Abdillah (A.S) said: "At-Tamattu' is the best of Hajj; and it was revealed in the Qur'an and established by the sunnah. It is incumbent on one who does Hajj at- Tamattu' , after arriving at Mecca to do Tawaf of the House, and pray two rak'ah near Maqam Ibrahim, and do sa'y between the Safa and Marwah; then he will do Taqseer and with it he will come out of the Ihram of 'Umrah.

And he has to do two Tawafs for the Hajj and Sa'y between the Safa and Marwah and after each Tawaf he will pray two rak'as near Maqam Ibrahim. And as for the one who does Hajj Ifrad, he has to do a Tawaf of the House, and two rak'as near Maqam Ibrahim, and Sa'y between the Safa and the Marwah, and Tawaf of ziyarah, and it is the Tawafun Nisa'; and he is not obliged to offer sacrifice or slaughter (an animal)."

(Tahdhibu 'l-ahkam and Wasa'ilu 'sh-Shi'a as quoted in No. 1.) Please note that there are 3 Tawafs in Hajj at-Tamattu':

First in 'Umratut Tamattu' (followed by Salatu-Tawaf "and Sa'y); Second in Hajjut Tamattu' (likewise followed by the Salatu-Tawaf and Sa'y (some times it is called Tawaf-ul-Ifadah); Third is Tawafun Nisa' followed by Salatut Tawaf, but no Sa'y.

And In Hajj al-Ifrad (or al-mufrad) there are only two Tawafs like Hajj al-Qiran, with one sa'y after the first Tawaf.

3. Abu 'Abdillah (A.S) said: It is incumbent on one who does Hajj at-Tamattu' to do three Tawafs of the House, and he will pray two rak'as after every Tawaf, and he has to do two Sa'y (Tahdhibu 'l-ahkam; Wasa'ilu 'sh-Shi'a, and Furu' al-Kafi as mentioned above) I think these short ahadith will satisfy you.

Q. 87: WHY IS TAWAFUN-NISA' WAJIB BUT NOT A RUKN?

According to the Mujtahids, the Tawafun Nisa', even though obligatory, is NOT a pillar of Hajj,and not performing it does not invalidate the Hajj. Please clarify.

A: In Shi'a fiqh, rukn (pillar) is used for that part which, even if left by mistake, invalidates the 'ibadah. For example, ruku' is a rukn (pillar) of salah; if you leave it even by mistake, your salah is batil. But dhikr of ruku' (although obligatory) is not rukn; so if you go in ruku' and then do not recite dhikr (by mistake), your salah will be correct and you will have to do sajdah sahw for it after salah. Likewise, Tawafun Nisa' is obligatory but not rukn.

One who leaves out Tawafun Nisa', will have to return to Mecca and perform it; otherwise his/her spouse will remain haram for him/her. If it is not possible to return to Mecca, then he/she will have to appoint someone to do that Tawaf as his badal.

Q. 88: WHAT IF A SUNNI DOES NOT PERFORM TAWAFUN NISA '?

According to Sunni verdict a person's marital partner becomes permissible after performing Tawaf Ifadah. On the contrary, a person who does not perform the Tawafun Nisa', his or her marital partner is not permissible according to our fiqh. Please enlighten me.

A: Your question is very vague- What do you want to know? The Sunnis are governed by their fiqh, and if a Sunni's hajj is correct according to his fiqh, his/her spouse will become halal to him/her, without doubt. But a Shi'a is governed by his fiqh, and he/she will have to do Tawafun Nisa' before marital things become halal for him/her.

Q. 89: IN WHICH THINGS ZAKAH AND KHUMS WAJIB?

Can you explain to me in detail, please, the difference between Khums and Zakah? How do you pay Khums and how do you pay Zakah?

A: Zakah is wajib on 9 items:

1. Gold coins,

2. Silver coins;

3. Wheat

4. Barley,

5. Dates,

6. Grapes

7. Camels

8. Cows and Buffalos

9. and Sheep and goats.

The conditions and rates are different for each item.Khums is wajib on 7 items:

1. Booty acquired in Jihad,

2. Mines,

3. Things obtained by diving,

4. Buried treasure,

5. A land plot purchased by a dhimmi kafir from a Muslim,

6. A Halal property in which some Haram property is mixed,

7. Saving from the year's income.

Perhaps for you the 7th item will be applicable. For the conditions and details study any English book of Masa'il of your mujtahid.

Q. 90: One Has Never Paid Khums

Ahmad has not paid Khums since becoming Shi 'a because he thought that he was not subject to khums as he still owed his father some $4000 dollars.

A: It is a misunderstanding. Ahmad should at once fix a financial year for himself. In this case, it is advisable that he should fix at the end of his year on the date he became Shi'a. Then whatever was left on that day from his domestic expenses in cash or kind, he should give its khumus.

But now that day has passed, therefore he should end his year as soon as he gets this letter's directives, and see what is left in grocery and cash - even 5 ounce salt or one pound rice; and take its khumus out.

As for the debt, it does not exempt one from khumus. Let us say, Ahmad owes his father 4000 dollars and the father has put no pressure on him to pay it at once. Before the end of year, Ahmad estimates that his savings would be about 1000 dollars, and before the end of the year he pays an amount of 1000 dollars as part payment of the loan to the father. Then he does not have to pay any khumus at the end of the year because he has got no saving.

But if he delays the payment and the end of the year arrives, then he will have to pay 200 dollars as khumus before he can use the remaining 800 dollars for any thing.

Q. 91: Accounting of Khumus on a certain saving:

Since May 1993 Ahmad started saving for his Hajj expenses. He would have saved enough for his Hajj expenses by February 1995. Need Ahmad pay khumus on his Hajj expenses which amount to $ 6950 dollars before he leaves for Mecca in May, 1995?

A: Keeping in view the above explanations if Ahmad decides, on receipt of this letter, that his financial year will begin on 1st May every year, for example, and end on 30th April, then he will have to pay khumus on the money saved between May, 93 and April 94; but the saving between May 94 and April 95 will not be liable to khumus if he purchases his ticket and other necessary things before 30th April, 95, because it will be counted as the expenses of the year.

All this is a general explanation. You read carefully the book, khumus, of my son and then you may decide for yourself. If you feel any difficulty you may write again

Q. 92: IS MUT'AH LEGALIZED PROSTITUTION?

In 'the Sunday Times' of May 12th 91, an article had appeared that a few Iranian women are against the Mut 'ah Marriage. They say that this is legalized prostitution. Please clear this matter for me. How can we answer these allegations?

A: Is not the "marriage" (in all its forms) just a legalized fornication? Don't they understand that all conditions which are necessary for a Permanent Marriage are necessary in Mut'ah (Temporary) Marriage too. Even the term, Permanent Marriage is misleading, because in Islam no marriage is "permanent". The husband can terminate the marriage by the simple device of Talaq. So where is the "permanency"?

A Sheri'ah which recognizes Talaq, cannot ridicule Mut'ah, because "Marriage +Divorce = Mut'ah."

In fact, some times mut'ah is more merciful to the woman concerned than the so-called "permanent marriage". Suppose a man is on a journey and needs a wife. If he is a Sunni he will perform "permanent marriage"; and the wife will be under the impression that she has married for lifetime. But the husband knows it is only a temporary arrangement. So when time comes for him to return to his place, he divorces her and leaves her in the lurch.

There is another question worthy of attention: If the husband had the intention from the beginning to give her divorce, was the permanent nikah valid? But if he is a Shi'a, he will tell her from the beginning that he wants to marry her only for a limited period - let us say 6 months. Thus if the woman's status and conditions agree with the proposal, she will accept it; otherwise she is at liberty to reject the proposal.

Everyone will agree that the second alternative is more honest, more straight-forward and more in keeping with the woman's dignity.

Q. 93: GHUSL JANABAT AND CONDOM:

If a man uses a condom during sexual intercourse with his wife, is she obligated to take Ghusal Janabat?

A: Yes, undoubtedly.

Q. 94: IS IT TRUE THAT A CERTAIN SUNNI SCHOOL OF JURISPRUDENCE PERMITS HOMOSEXUAL ACT WITH YOUNG MEN/BOYS?

A: Imam Abu Hanifah has said: whoever commits sodomy with his slave man or his employee and penetrates, there is no had (punishment) for him. (See Hashiyah of Sharh al-Wiqayah by Allamah Chalapi, kitabul Hudud,, p. 212; also see Imam al-Ghizali's al- Mankhul, Damascus, p. 502)

The same is the fatwa of Imam Malik. And Imam Shafi'i has said that there is no clear order in the Qur'an about it, but according to Qiyas (analogy) it is halal (lawful).

Q. 95: POLYGAMY AND POLYANDRY:

If a women cannot satisfy the desires of a man he can marry once again or enter a contract of Mut 'ah. But if a man cannot satisfy his wife what can she do? Is it that men have more stronger desire than women?

A: Man has been allowed to marry four wives at one time. There is no question whether the present wife can satisfy his sexual urge or not. Therefore, your question is based on a wrong presumption.

Q. 96: DIVORCE UNDER PRESSURE

Some people took me by force to an 'Alim, and pressurised me to divorce my wife; although I did not wish to divorce her, but they compelled me and I signed the divorce paper. I kept the paper for two weeks without informing my wife and then tore it up. The question is: Is that divorce valid? Is my wife divorced from me?

A: As a general rule, divorce under duress or compulsion is invalid. In the case quoted above, even if it were a valid divorce, the husband's behaviour in living with the wife and tearing the divorce paper constitutes revocation of divorce and the wife continues legally married to the husband.

Q. 97: IS ABORTION ALLOWED AFTER RAPE?

If I live in a town, city or village and some unbelievers raped my wife or daughter and impregnated her is it haram to get abortion for her. How would I go about this issue?

A: The punishment in Islam for raping a woman (i.e. having sexual intercourse with a woman other than his wife, without her genuine consent) is death; it makes no difference whether the culprit was a Muslim or Kafir. However, the sentence can be given only by a duly appointed Qadi of Shari'ah, who will look at all the evidence and then decide the case.

As for woman, it will be a sin and crime on her part to abort the foetus. The child will be affiliated to the mother and will be legitimate on her side. The mother and child will enjoy their mutual rights including the right of inheritance from each other.

The fact is that in Islam a child born out of wedlock is considered illegitimate and is not affiliated to either of the physical parents. But there are cases where it is considered a legitimate child as, for example, when at the time of its conception both parties were under the impression of being lawfully married, and then it transpired that it was not so; such a child is affiliated to both parents.

Also in some cases it is considered legitimate on the part of one physical parent, to whom it is affiliated, and illegitimate on the part of the other with whom it has no relationship, as for example in the case mentioned in the question.

Q. 98: ON ATHEIST

According to the Imams (A.S) and the Prophet (S.A. W) what is my responsibility concerning (zanadiqah) atheists? Do I exile him from Muslim land or send him back to Allah by sword?

A: No, sir. You are not to take the law into your hands. As for this particular matter, you should remember that there were a lot of atheists under the Muslims' rule all over Asia, Africa and Europe, but they were not banished or killed.

Q. 99: JIHAD IN SUPPORT OF OPPRESSED MUSLIMS:

I 'm aware that Jihad is haram in the absence of the Imam (A.S), except in defence of life and property. What if Mu 'minun live in a country and the leaders have killed Mu 'minun in large number in another country? What should I do? Just sit and watch? Or should I prepare to fight "Fi-Sabilillah " to protect and help my brothers in that different country and strike a severe blow to unbelievers?

A: You should try to help your Muslim brothers morally, financially, and (if possible.) in person, in their countries where they are being attacked. But not in other places.

Q. 100: Freedom Of Choice VS.Death Penalty For Apostate:

How does one reconcile the freedom to choose a religion (2:256) and the death decree for a person who chooses to abandon Islam?

A: Suppose you are a foreigner living in the U.K. with a right to apply for its citizenship. Nobody can compel you to use that right and acquire the said citizenship; you have "the freedom to choose it". But once you apply for and get the citizenship you are bound to obey its rules and keep its interests at your heart.

Then if after some time you are caught plotting against the state and found guilty of treason and rebellion, what penalty awaits you? It is death. How will you reconcile the initial "freedom of choice" with that ultimate "denial of right of life"?

For your information, such plottings had started in the life of the Prophet (S.A.W) himself. Allah says in the Qur'an:

"And a party of the people of the Book say: show belief in that which has been revealed to those who believe, in the early part of the day, and declare disbelief at the end of it; perhaps they (i.e. Muslims) go back on their religion." (3:72).

So you see what bad effect apostasy of even one man can have on the whole Muslim Ummah. It demoralizes the Muslims; and disturbs their cohesion and discipline. It is unmitigated "fasadfil ard", and needs tough handling to stem the rot in the beginning.