Islamic Laws

Islamic Laws0%

Islamic Laws Author:
Publisher: World Federation of KSI Muslim Communities
Category: Jurisprudence Science

Islamic Laws

Author: Ayatullah Seyyed Ali Sistani
Publisher: World Federation of KSI Muslim Communities
Category:

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Islamic Laws
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Islamic Laws

Islamic Laws

Author:
Publisher: World Federation of KSI Muslim Communities
English

Exhumation

Issue 648: It is haraam to open the grave of a Muslim even if it belongs to a child or an insane person. However, there is no objection in doing so if the dead body has decayed and turned into dust.

Issue 649: * Digging up or destroying the graves of the descendants of Imams, the martyrs, the Ulama and the pious persons is Haraam, even if they are very old, because it amounts to desecration.

Issue 650: * Digging up the grave is allowed in the following cases:

• When the dead body has been buried in an usurped land and the owner of the land is not willing to let it remain there.

• When the Kafan of the dead body or any other thing buried with it had been usurped and the owner of the thing in question is not willing to let it remain in the grave. Similarly, if anything belonging to the heirs has been buried along with the deceased and the heirs are not willing to let it remain in the grave. However, if the dead person had made a will that a certain supplication or the holy Qur'an or a ring be buried along with his dead body, and if that will is valid, then the grave cannot be opened up to bring those articles out. There are certain situations when the exhuming is not permitted even if the land, the Kafan or the articles buried with the corpse are Ghasbi. But there is no room for details here.

• When opening the grave does not amount to disrespect of the dead person, and it transpires that he was buried without Ghusl or Kafan, or the Ghusl was void, or he was not given Kafan according to religious rules, or was not laid in the grave facing the Qibla.

• When it is necessary to inspect the body of the dead person to establish a right which is more important than exhumation.

• When the dead body of a Muslim has been buried at a place which is against sanctity, like, when it has been buried in the graveyard of non-Muslim or at a place of garbage.

• When the grave is opened up for a legal purpose which is more important than exhumation. For example, when it is proposed to take out a living child from the womb of a buried woman.

• When it is feared that a wild beast would tear up the corpse or it will be carried away by flood or exhumed by the enemy.

• When the deceased has willed that his body be transferred to sacred places before burial, and if it was intentionally or forgetfully buried elsewhere, then the body can be exhumed, provided that doing so does not result in any disrespect to the deceased.

Mustahab Ghusls

Issue 651: * In Islam, several Ghusls areMustahab . Some of them are listed below:

• Ghusl al-Jumuah: Its prescribed time is from Fajr to sunset, but it is better to perform it near Zuhr. If, however, a person does not perform it till noon, he can perform it till dusk without a Niyyat of either performing it on time or as Qadha. And if a person does not perform his Ghusl on Friday it isMustahab that he should perform the Qadha of Ghusl on Saturday at any time between dawn and dusk. And if a person knows that it will not be possible for him to procure water for his Ghusl on Friday he can perform the Ghusl on Thursday with the Niyyat of Raja', that is, as a desirable act. And it isMustahab to recite the following supplication while performing Friday Ghusl: 'Ash hadu an la ilaha il lal lahu wahdahu la sharika lah wa ash hadu anna Muhammadan 'abduhu wa Rasuluh. Alla humma salli 'ala Muhammadin wa Ali Muhammad waj'alni minat tawwabina waj'alni minal mutatahhirin. (I testify that there is none to be worshipped but Allah alone, Who has no associate and Muhammad is His servant and Messenger. O Allah! Bless Muhammad and his Progeny. And make me one of those who are repentant and pure).

• Taking baths on the 1st and 17th nights and in the earlier part of the 19th, 21st, 23rd nights and 24th night of the holy month of Ramadhan.

• Ghusl on Eidul Fitr day and Eidul Azha day. The time of this Ghusl is from Fajr up to sunset. It is, however, better to perform it before Eid prayers.

• Ghusl on the 8th and 9th of the month of Dhul-Hijj. As regards the bathing on the 9th of Dhul-Hijj it is better to perform it at noon-time.

• Ghusl by a person who has touched a dead body after it has been given Ghusl.

• Ghusl for Ihram (pilgrim's dress).

• Ghusl for entry into the haram of Makkah.

• Ghusl for entry into Makkah.

• Ghusl for visiting the holy Ka'bah.

• Ghusl for entry into the holy Ka'bah.

• Ghusl for slaughtering an animal and for shaving one's head (during pilgrimage).

• Ghusl for entry into Madinah, and its haram (sanctuary).

• Ghusl for entry into the Mosque of the holy Prophet.

• Ghusl at the time of bidding farewell to the sacred shrine of the holy Prophet.

• Ghusl for Mubahala (imprecation) with the enemy.

• Ghusl to a new-born child.

• Ghusl for Istakhara.

• Ghusl for offering Istisqa' - invocation for rains.

Issue 652: * The Fuqaha have mentioned many moreMustahab Ghusls, some of which are as follows:

• Ghusl on all odd nights of the month of Ramadhan and on each of its last 10 nights and in the last part of its 23rd night.

• Ghusl on the 24th day of Dhul-Hijj.

• Ghusl on the day of Eid-i-Nawroz and 15th of Sha'ban and 9th and 17th of Rabi'ul Awwal and the 25th day of Dhul-Qa'dah.

• Ghusl by a woman who has perfumed herself for someone other than her husband.

• Ghusl by one who slept in a state of intoxication.

• Ghusl by a person who went to witness the hanging and saw the hanged person. However, if his eyes fell on him by chance or helplessly, or if he had gone for example, to give evidence, Ghusl will not beMustahab for him.

• Ghusl for the Ziyarat of the Masoomen (A.S.) whether from near or far. However, as a precaution, these Ghusls should be done with the Niyyat of 'Raja', (i.e. with a hope that it might be a desirable act).

Issue 653: After having taken theMustahab Ghusl listed in rule no. 651, one can perform acts (e.g. prayers) for which Wudhu is necessary. However, Ghusl performed with the Niyyat of 'Raja' do not not suffice for Wudhu (i.e. Wudhu has to be performed).

Issue 654: If a person wishes to perform a number ofMustahab Ghusls, one Ghusl with the Niyyat of performing all the Ghusls will be sufficient.

Tayammum

Tayammum should be performed instead of Wudhu or Ghusl in the following seven circumstances:

First:

When it is not possible to procure sufficient water for performing Wudhu or Ghusl.

Issue 655: * If a person happens to be in a populated area he should make his best efforts to procure water for Wudhu or Ghusl till such time that he loses all hope. And if he happens to be in a desert, he should search for water on the way or at nearby places. And if the land is uneven, or densely wooded, and it is difficult to walk, he should search for water in all the four directions for a distance covered by one or two flings of an arrow. (A fling is equal to about two hundred steps).**

Issue 656: If out of the four directions, some are even and others are uneven, one should search for water in the even direction to the extent of two arrow flings, and on the side which is uneven to the extent of one arrow fling.

Issue 657: It is not obligatory for a person to search for water in the direction where he is sure that water is not available.

Issue 658: * If the time left for Salat is not short, and if he is sure or feels sure that water is available at a farther place, he should go there to procure water, provided that going there is not extremely difficult, and that the distance is not unusually long. And if he has mere suspicion about water being there, then it is not necessary for him to go.

** In his commentary on the book entitledMan la Yahzuruhul Faqih the late Allama Majlisi has defined the distance covered by an arrow to be equal to 200 footsteps.

Issue 659: It is not necessary that a person should go himself in search of water. He can send a reliable person for this purpose. And it is sufficient if one person goes on behalf of many.

Issue 660: * If a person feels that there might be some water in the provision he carries or at the place of encampment or even in the convoy, he should search for it thoroughly, till he is satisfied that there is no water or he becomes hopeless.

Issue 661: If a person searched for water before the time for Salat, but did not find it and if he stayed there till the time of prayers set in, he should search for water again, as a recommended precaution, provided he feels that water may be found.

Issue 662: If a person searched for water after the time for Salat had set in, and did not find it, if he stayed there till the time for next prayers, and if he felt there was a possibility of water being found, the recommended precaution is that he should go in search of water again.

Issue 663: When the time left for prayers is short or when there is fear of thieves or wild beasts or when the search for water is unbearable, it is not necessary for one to search for water.

Issue 664: * If a person does not search for water till the time for Salat approaches Qadha, in spite of the fact that he would have found water if he

had tried, such a person has committed a sin, but the Salat which he will pray with tayammum will be valid.

Issue 665: * If a person is sure that he cannot get water and does not, therefore, go in search of water and offers his prayers with tayammum, but realises after prayers that if he had made an effort he would have fetched water, he should, as an obligatory precaution, do wudhu and repeat the prayers.

Issue 666: * If a person could not get water after a search and prayed with tayammum and then learns later after offering prayers that water was available at the place where he had searched, his prayers is valid.

Issue 667: If a person believed that the time left for prayers was little, and prayed with tayammum without going in search of water, but later learnt after the prayers but before the expiry of time that there was time for a search of water, then the obligatory precaution is that he should repeat that prayer.

Issue 668: * If the time for Salat has set in and a person is already with Wudhu, he should not allow his Wudhu to become void if he knows that he will not be able to find water or he will not be able to do Wudhu again. As an obligatory precaution, he should not invalidate his Wudhu deliberately. However, a man can have sex with his wife even if he knows that he will not be able to do Ghusl.

Issue 669: * Similarly, if a person is with Wudhu before the time for prayers set in, and knew that if he made his Wudhu void, it would not be possible for him to get water, the recommended precaution is that he should try to keep his Wudhu intact. As an obligatory precaution, he should not invalidate the Wudhu deliberately.

Issue 670: If a person has just sufficient water for Wudhu or for Ghusl, and if he knows that if he spills it he will not be able to get water again, it is haraam for him to spill it if the time for prayers has already set in, and the obligatory precaution is that he should not throw it away even before the time for prayers sets in.

Issue 671: * If a person knew that he would not get water, and yet made his Wudhu void or spilled it after the time for prayers had set in, he committed a sin but his prayers with tayammum will be order. However, the recommended precaution is that he should offer the Qadha of the prayers.

Second:

Issue 672: * If a person is unable to procure water on account of old age or weakness, or fear of a thief or a beast, or because he does not possess means to draw water from a well, he should perform tayammum. The same would apply if acquiring water is intolerably difficult. But in this last situation, if a person, inspite of the difficulty, did not perform tayammum, and did Wudhu, his Wudhu will be valid.

Issue 673: If a bucket, a rope and other similar implements are needed for pulling water out of a well, and the person concerned is obliged to purchase or hire them, he should do so even if he has to pay much more than the usual rate. Similarly, he has to buy the water even if it is sold at a higher price. However, if by doing so, his economic condition is harmed, then it is not obligatory to procure them.

Issue 674: If a person is obliged to take a loan for procuring water he should take a loan. However, if he knows or feels that it will not be possible for him to repay the loan it is not obligatory for him to take a loan.

Issue 675: If digging a well does not involve much hardship the person concerned should dig a well to get water.

Issue 676: If he is given water by another person without any obligation he should accept it.

Third:

Issue 677: If a person fears that if he uses water his life will be endangered, or he will suffer from some ailment or physical defect, or the illness from which he is already suffering will be prolonged, or become acute or some complications may arise in its treatment, he should perform tayammum. However, if he can avoid the harm by using warm water, he should prepare warm water and do Wudhu, or Ghusl when it is necessary.

Issue 678: It is not necessary to be absolutely certain that water is harmful to him. If he feels that there is a probability of harm, and if that probability is justified by popular opinion, giving cause for some fear, then he should do tayammum.

Issue 679: If a person has an eye disease and water is harmful to him he should perform tayammum.

Issue 680: If a person performs tayammum on account of certainty or fear about water being harmful to him but realises before Salat that it is not harmful, his tayammum is void. And if he realises this after having prayed he should offer the prayers again with Wudhu or Ghusl.

Issue 681: If a person was sure that water was not harmful to him, and he did Ghusl or Wudhu, but later realised that water was harmful to him, his wudhu and Ghusl will be void.

Fourth:

Issue 682: * If a person fears that if he uses water for Ghusl or Wudhu, he will be involved in hardship because of thirst, he should perform tayammum. Tayammum is permissible in the following three cases:

• If he fears that by using up the water for Ghusl or Wudhu he will suffer an acute thirst, which may result in his illness or death, or it may cause intolerable hardship.

• If he fears that his dependents whose protection is his responsibility, may become ill or die due to thirst.

• If he fears that others, human beings or animals, may die or suffer some illness or become unbearably restless and distressed due to lack of water.

Apart from these three conditions mentioned, it is not permissible to perform tayammum when water is available.

Issue 683: * If besides the Clean (tahir/pak ) water which a person has for Wudhu or Ghusl he also has najis water enough for drinking, he should keep the Clean (tahir/pak ) water for drinking and pray with tayammum. When water is required for other people attached to him, he would keep Clean (tahir/pak ) water for Wudhu and Ghusl and let them quench their thirst with najis water, regardless of whether they know about the najasat or not, or whether they care about it or not. If water is required for an animal or a

minor child, it should be given najis water to drink and Clean (tahir/pak ) water be used for Wudhu or Ghusl.

Fifth:

Issue 684: * If the body or dress of a person is najis and he possesses only as much water as is likely to be exhausted if he does Ghusl or Wudhu, and no water would be available for making his body or dress Clean (tahir/pak ), he should make is body or dress Clean (tahir/pak ) and pray Salat with tayammum. But if he does not have anything upon which he would do tayammum, then he should use the water for Ghusl and Wudhu, and pray with najis body or dress.

Sixth:

Issue 685: If a person possesses such water or container which is not permitted to use, like when they are usurped (Ghasbi) he should perform tayammum instead of Ghusl and Wudhu.

Seventh:

Issue 686: When the time left for Salat is so little that if a person does Ghusl or Wudhu he would be obliged to offer the entire prayers or a part of it after the prescribed time, he should perform tayammum.

Issue 687: If a person intentionally delays offering the prayers till no time is left for Ghusl or Wudhu, he commits a sin, but the prayers offered by him with tayammum will be valid, although recommended precaution is that he should give Qadha of the prayers.

Issue 688: If a person doubts whether any time will be left for prayers if he does Ghusl or Wudhu, he should perform tayammum.

Issue 689: If a person performs tayammum owing to shortage of time and after the Salat he had an opportunity to do Wudhu but did not do so till the water he had is no longer with him, he will have to perform a new tayammum for subsequent prayers, even if the first tayammum had not become void, provided, of course, that tayammum continues to be his religious obligation.

Issue 690: * If a person has water, but because of shortage of time he prays with tayammum and while in prayers, the water he had goes out of his possession, he will, as per recommended precaution, do tayammum again for the subsequent prayers, provided that his religious obligation continues to be tayammum.

Issue 691: If a person has only just enough time that he may perform Wudhu or Ghusl and offer prayers without itsMustahab acts like Iqamah and Qunut, he should do Ghusl or Wudhu, whichever is then necessary, and pray without thoseMustahab parts. In fact, if for that purpose, he has to avoid the next Sura after al-Hamd, he should do so after doing Wudhu or Ghusl.

Things on which Tayammum is Allowed

Issue 692: Tayammum can be done on earth, sand, lump of clay or stone but the recommended precaution is that if earth is available tayammum should not be performed on anything else. If earth is not available, then it can be performed on sand or a lump of clay, and in absence of these on a stone.

Issue 693: * Tayammum can also be done on gypsum or lime-stone. Similarly, tayammum is allowed on dust which gathers on the dress or the carpets etc., provided that its quantity is such that it can be termed as soft earth. However, it is a recommended precaution, that using dust be avoided if other alternatives are available. It is also a recommended precaution that baked gypsum, lime, brick and mineral stones be avoided.

Issue 694: * If a person cannot find earth, sand, lump of clay or stone, he should perform tayammum on mud, and if even that is not available, then on dust particles which settle on the carpets or the dresses, though it may not be in a quantity which could be considered as soft earth. And if none of these things is available he should, on the basis of recommended precaution, pray without tayammum, but it will be obligatory for him to repeat the prayers later as Qadha.

Issue 695: * If a person can gather some earth by shaking the carpet etc. then to do tayammum with dust particles will not be correct. And similarly if he can make mud dry and obtain earth from it, then tayammum on wet mud will be incorrect and void.

Issue 696: If a person does not have water, but has snow or ice he should, if possible, melt it into water and perform Wudhu and Ghusl. And if it is not possible to do so and also he does not have anything on which tayammum is allowed then it is necessary that he should give Qadha after Salat time. But it is better that he should make the parts of Wudhu or Ghusl wet with snow or ice. And if even this is not possible he should perform tayammum on snow or ice and offer prayers in time.

Issue 697: If a thing like straw, on which tayammum is void, gets mixed with clay and sand, then tayammum cannot be performed on it. However, if it is so little that it gets lost in the sand or clay, then tayammum with it is valid.

Issue 698: If a person does not own anything on which to perform tayammum he should, if possible, get it by purchasing or other similar means.

Issue 699: Performing tayammum on mud wall is valid but the recommended precaution is that if dry earth or clay is available, tayammum should not be performed on wet earth or mud.

Issue 700: The thing on which a person performs tayammum should be Clean (tahir/pak ) and, if he has no Clean (tahir/pak ) thing on which tayammum would be correct, it is not obligatory for him to offer prayers. He should, however, give its Qadha, though it is better that he should pray within the prescribed time.

Issue 701: If a person was sure that tayammum on a particular thing was valid and he did it accordingly, but came to know later that tayammum performed was void, he would repeat the prayers performed with that tayammum.

Issue 702: * The thing used for tayammum should not have been usurped, or obtained without the owner's permission. Tayammum on usurped objects like earth, etc, will be void.

Issue 703: * Tayammum performed in usurped area or space is not void. Hence, if a person strikes his hands on the earth for tayammum in his own

property, and then enters the property of another person without obtaining permission to wipe his hands on his forehead, his tayammum is correct and valid, though he has committed a sin (by trespassing).

Issue 704: * If someone does tayammum on a usurped object, forgetfully or by way of negligence, his tayammum will be valid. However, if a person himself usurps something, and then forgets that he has usurped it, then tayammum performed on such a thing cannot be considered as valid.

Issue 705: * If a person is imprisoned in a usurped place and both the water and earth of that place are usurped, he should pray with tayammum.

Issue 706: * The thing on which a person is performing tayammum should, if possible, on the basis of obligatory precaution, have particles which would stick to the hands, and after striking hands on it, one should not shake off all the particles from ones hands.

Issue 707: It is Makrooh to perform tayammum on the earth of a pit, and street dust, or the saline earth, on which a layer of salt has not settled. If, however, a layer of salt has settled on the earth, performance of tayammum on it is void.

Method of Performing Tayammum Instead of Ghusl or Wudhu

Issue 708: * The following 4 things are obligatory in tayammum performed instead of Ghusl or Wudhu.

• Intention (Niyyat)

• Striking or keeping both the palms on the object on which tayammum is valid. As an obligatory precaution, this should be done by both the palms together.

• Wiping or stroking the entire forehead with the palms of both the hands, and, as an obligatory precaution, its two ends commencing from the spot where the hair of one's head grow down to the eyebrows and above the nose. And it is recommended that the palms pass over the eyebrows as well.

• To pass the left palm over the whole back of the right hand and thereafter, to pass the right palm over the whole back of the left hand.

Issue 709: The recommended precaution is that tayammum, whether it is instead of Ghusl or Wudhu, should be performed in the following order: First, he/she should strike the hands on the earth to wipe the forehead and the back of the hands, and then strike the hands on earth once again to wipe the back of the hands.

Orders Regarding Tayammum

Issue 710: If a person leaves out even a small part of his forehead or the back of his hands in tayammum, forgetfully or intentionally, or even due to ignorance, his tayammum will be void. However, it is not necessary to be very particular; if it can be ordinarily assumed that the forehead and the backs of the hands have been wiped, it would be sufficient.

Issue 711: * In order to be sure that the backs of the hands have been wiped, wiping should be done from slightly above the wrist, but wiping in between the fingers is not necessary.

Issue 712: As a precaution, the forehead and the backs of the hands should be wiped downwards from above, and their acts should be performed one after the other without undue interruption. If someone interrupts the

sequence so much that it could not be said that he is doing tayammum, then tayammum will be void.

Issue 713: * It is not necessary to determine while making Niyyat that a particular tayammum is instead of Wudhu or Ghusl. However, if he has to perform two tayammums, then he must clearly specify which is instead of Wudhu and which for Ghusl. And even if he fails to determine correctly the purpose of one tayammum which is obligatory upon him, due to some error, it will be deemed correct as long as he is aware that he is discharging his religious obligation.

Issue 714: As a recommended precaution the forehead, the palm of the hands and the backs of the hands of a person wishing to do tayammum should be Clean (tahir/pak ).

Issue 715: * While performing tayammum one should remove the ring one is wearing and also remove any obstruction which may be on his forehead or on the palms or back of his hands (e.g. if anything is stuck on them).

Issue 716: If a person has a wound on his forehead or on the back of his hands and if it is tied with a bandage or something else, which cannot be removed, he should wipe his hands over it. And if the palm of his hand is wounded and, bandaged in a way that it cannot be removed, he should strike his bandaged hands on a thing with which it is permissible to perform tayammum and then wipe his forehead and the back of his hands.

Issue 717: There is no harm if there is hair on the forehead or on the back of hands. However, if the hair of his head fall on his forehead then it should be pushed back.

Issue 718: If one feels that one has some obstruction on his forehead or on the palm or back of his hands, an obstruction commonly known to be so, then one should verify and ensure that the obstruction is removed.

Issue 719: * If the obligation of a person is tayammum but he cannot perform it himself he should solicit assistance. And the one who assists should make him perform tayammum with his own hands. However, if this is not possible the assistant should strike his hands on a thing on which it is lawful to perform tayammum and then wipe it on the person's forehead and hands. In the first instance, the Niyyat for tayammum by the person himself will be sufficient, but, as an obligatory precaution, both he and his assistant should make the Niyyat in both the cases.

Issue 720: If a man doubts while performing tayammum whether or not he has forgotten a certain part of it, after he has passed that stage, he should ignore his doubt, and if that stage has not yet passed, he should perform that part.

Issue 721: * If, after wiping the left hand, a man doubts whether or not he has performed his tayammum correctly his tayammum is valid. But if his doubt is about the wiping of the left hand and if it cannot be said that he has passed that stage, he should wipe the left hand.

Issue 722: * A person whose obligation is tayammum and if he does not hope to be relieved of his excuse during the entire time of Salat, he can do tayammum. However, if he performs tayammum for some other obligatory orMustahab act and his excuse (on account of which his religious

obligation is tayammum) continues till the time for prayers sets in, he can offer his prayers with that tayammum.

Issue 723: * If a person whose obligation is tayammum knows that his excuse will continue till the end of the time of Salat, and has no hope for its removal, he can offer prayers with tayammum even during the early part of the time. But, if he knows that his excuse will cease to exist by the end of the time he should wait and offer prayers with Wudhu or Ghusl as the case may be. In fact, if he has a glimmer of hope that his excuse might be removed near the end of Salat time, it will not be permissible for him to do tayammum and pray, until he loses hope altogether.

Issue 724: * If a person, who cannot perform Wudhu or Ghusl, is sure, or considers it probable, that his excuse will not be removed, he can offer the Qadha of his past prayers with tayammum. However, if his excuse is removed afterwards, as a recommended precaution, he should offer those prayers again with Wudhu or Ghusl. And if he does not lose all hope about the removal of the excuse, he cannot do tayammum to give Qadha prayers.

Issue 725: * It is permissible for a person, who cannot do Ghusl or Wudhu, to offer with tayammum the dailyMustahab prayers for which the time is fixed. However, if he has hope that his excuse may cease to exist before the time for prayers is over then, as an obligatory precaution, he should not offer theMustahab prayers during the earlier part of their time.

Issue 726: * If a person does Ghusl in state of Jabira, and performs tayammum as a measure of precaution, and after having prayed he experiences a minor hadath (an act which breaks Wudhu, like passing wind or urinating), he should do Wudhu for subsequent prayers. And if that hadath had occurred before he had prayed, he should do Wudhu for that also.

Issue 727: If a person performs tayammum on account of non-availability of water or because of some other excuse his tayammum becomes void as soon as that excuse ceases to exist.

Issue 728: The things which invalidate Wudhu invalidate the tayammum performed instead of Wudhu also. Similarly, the things which invalidate Ghusl invalidate the tayammum performed instead of Ghusl also.

Issue 729: If one has upon him several wajib Ghusls, but he cannot do them, it is permissible for him to perform one tayammum instead of all those Ghusls, but the recommended precaution is that for each of those Ghusls he should perform a separate tayammum.

Issue 730: If a person who cannot do Ghusl wishes to perform an act for which Ghusl is obligatory, he should perform tayammum for Ghusl. And a person who cannot perform Wudhu wishes to perform an act for which Wudhu is obligatory, he should perform tayammum instead of Wudhu.

Issue 731: * If a person performs tayammum instead of Ghusl of Janabat it is not necessary for him to perform Wudhu for offering prayers. However, if he performs tayammum instead of other Ghusls, then as recommended precaution, he should do Wudhu also. And if he cannot do Wudhu, he should do another tayammum instead of Wudhu.

Issue 732: * If a person performs tayammum instead of Ghusl of Janabat and later he commits acts which makes Wudhu void, and if he still cannot

do Ghusl for later prayers, he should do Wudhu, and as per recommended precaution, perform tayammum also. And if he cannot do Wudhu, then as a recommended precaution, he should do tayammum with a hope that his responsibility is discharged.

Issue 733: If a person whose obligation is to perform tayammum instead of Wudhu or Ghusl so as to fulfil, for example, an act like offering prayers,and if in the first tayammum he makes a Niyyat to perform it instead of Wudhu, or instead of Ghusl and performs the second tayammum with the Niyyat of carrying out his religious obligation, it is sufficient.

Issue 734: If a person whose obligation is tayammum performs tayammum for an act, he can perform all those acts which should be done with Wudhu or Ghusl, as long as his tayammum and the excuse remain. However, if his excuse was shortage of Salat time, or if he performed tayammum for Salat al-Mayyit or to go to sleep in spite of water being available, then his tayammum is valid for its intention and purpose only.

Issue 735: In some cases it is better that a person should give Qadha for the prayers which he offered with tayammum::

• When he was afraid of harm caused by using water and yet intentionally entered the state of Janabat and offered prayers with tayammum.

• When he knew or suspected that he would not be able to procure water and yet entered the state of Janabat intentionally and offered prayers with tayammum.

• When he did not go in search of water intentionally till the time for prayers became short and he offered the prayers with tayammum and learnt later that if he had made a search for water he would have been able to procure it.

• When he delayed offering prayers intentionally and offered it with tayammum at the end of its time.

• When he threw away the water, although he knew or suspected that he would not be able to get water, and then offered the prayers with tayammum.