A Code of Practice For Muslims in the West

A Code of Practice For Muslims in the West18%

A Code of Practice For Muslims in the West Author:
Translator: Sayyid Muhammad Rizivi
Publisher: Imam Ali Foundation
Category: Jurisprudence Principles Science

A Code of Practice For Muslims in the West
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A Code of Practice For Muslims in the West

A Code of Practice For Muslims in the West

Author:
Publisher: Imam Ali Foundation
English

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


1

Eating & Drinking

Introduction

Muslims [in predominantly Muslims countries] normally live in their own homes, villages and cities, in the midst of their families and relations, eating variety of foods and drinking different drinks that they desire; They are familiar with the ingredients of these foods and know that they are free from all that their religion has forbidden, their faith has rejected, and their rich Islamic values have kept distance from.

However, when they migrate to foreign countries to reside in the midst of non-Muslim communities, they are faced with problems in eating and drinking because they don’t find foods that are familiar and desirable to them, nor are their ingredients known to them. This is so because the host community is not Islamic; it has it own values, customs and habits which naturally do not abide by the laws of Islam. So, when a Muslim desires to eat any food in a restaurant [in a non-Muslim country], he is faced with the problem of whether or not the food is permissible and pure.

General Rules

160. Since the followers of the past revealed religions (that is, the Jews, the Christians and the Zoroastrians) are ritually pure, many of the problems concerning the status and permissibility of the food are resolved when we live in their midst. It becomes permissible for us as Muslims to eat from their food no matter whether they touched it with their wet hands or not as long as we do not know or are not sure that it consists of what is forbidden to us, like intoxicating drinks. As for meat, fat and their extracts, there are specific rules that will be discussed later on.

161. A Muslim is allowed to eat the food prepared by a non-Muslim who is not from Ahlul Kitab [for example, a Hindu or a Buddhist], provided that he does not know or is not sure that the non-Muslim touched the food with wetness; and provided that he does not know or is not sure that the food consists of what is forbidden to him like intoxicating drinks. As for meat, fat and their extracts, there are specific rules that will come later on.

162. A Muslim is allowed to eat any food made by a person whose faith and religion is not known to him, no matter whether that person touched it with wetness or did not touch it, provided that he does not know or is not sure that the food consists of what is forbidden to him. As for meat, fat, and their extracts, there are specific rules that will come later on.

It is not necessary for the Muslim to question the person who prepared the food about his beliefs or disbeliefs, or whether or not he had touched the food, even if that inquiry is very convenient and natural for one who wants to ask.

In short, all kinds of food with the exception of meat, fat, and their extracts are permissible for a Muslim, even if he doubts that it might contain something which is forbidden for him to eat or doubts that its cook -whosoever he may be- had touched it with wetness. (See the question-answer section below.)

163. Just as it is not obligatory on him to inquire about the ingredients of such food to ensure that it is free from what is forbidden to him, it is not obligatory on him to ask the cook whether he touched it while preparing the food or after it.

164. All kinds of packed food with the exception of meat, fat and their extracts, are permissible for a Muslim, even if he doubts that its ingredients might contain what is forbidden for him or even if he doubts that the cook -whosoever he may be- had touched it with wetness. It is not obligatory on him to inquire about its ingredients to ensure that it does not contain anything that is forbidden to him.

165. A Muslim is allowed to buy all kinds of halal meat from a Muslim shopkeeper who sells it to Muslims. Such meat would be considered halal even if the vendor belongs to a school of thought which have different conditions for slaughtering from ours as long as there is a possibility that the animal was slaughtered in accordance with our conditions. This latter statement applies to all conditions except the one that says that the animal’s belly should be facing the qiblah at the time of slaughter. Not observing the condition of qiblah because the slaughterer’s school of thought does not consider it a necessity will not detract from [the permissibility of the meat].

166. If a Muslim knows and is sure that this meat is from an animal which is permissible for Muslims to eat (like cow, sheep or chicken) but that it is not slaughtered in accordance with Islamic laws, that meat is to be considered mayta.

Mayta is not permissible for a Muslim to eat even if its seller is a Muslim. Similarly, such meat is impure (najis) and would make other things impure, if it comes into wet contact with it.

167. If a Muslim buys or receives meat from a non-Muslim, or from a Muslim who got it from a non-Muslim and did not inquire about its slaughtering according to Islamic laws, such meat isharam for him. But if the Muslim does not know that the animal was not slaughtered according to Islamic laws, it would not be considered najis, although it is still haram.

168. Some experts say that by letting out the blood by way of slaughtering, the meat of the animal becomes healthier for the consumer than an animal that was not slaughtered. And so you should not be surprised to see some non-Muslims buying the meat that had been slaughtered according to Islamic laws from halal meat stores.

169. In order for fish to become permissible for a Muslim, it must have the following conditions:

a. The fish must have scales on it. [That is, it should not be a skin fish.]

b. The Muslim should be certain or satisfied that the fish has come out of the water alive or that it died while it was already in the fishing net.

It is not necessary for the fisherman to be a Muslim or to utter the name of Allah for the fish to become halal. So, if a non-Muslim catches a fish and brings it alive from the water or it dies after getting caught in his fishing net or fishing line, and it has scales on it, it is permissible to eat.

A Muslim can ascertain the first condition by examining the fish if it is being displayed or by observing its name [which can tell you whether it is a skin fish or a scale fish] as long as you can trust the authenticity of the label. A list of scale fish has been appended at the end of this book.

The second condition is fulfilled in almost all the countries, as they say, because the universal method in fishing ensures that the fish comes out of the water alive or they die after they are caught in the fishing net. Based on this, it is permissible to eat the fish that one gets from a non-Muslim just as one gets from a Muslim, irrespective of whether it is canned or uncanned. (See the question-answer section below.)

170. It is permissible to eat shrimps, if they are brought out of the water alive. It is forbidden to eat frogs, lobsters, turtles, every amphibious animal, snails, and crayfish. (See the question-answer section below.)

171. The law concerning eggs of fish follows the fish itself: the eggs of a halal fish are permissible to eat and those of a haram one are forbidden.

172. Some experts of fisheries say that scaleless fish mostly feed upon the waste of the sea and are in a way purifier of the filth, the squalor and the garbage of the sea.

173. It is forbidden to drink wine, beer, and everything that causes intoxication or drunkenness in solid or liquid form. Almighty Allah says in the Qur’an:

“O you who believe! Intoxicants and games of chance and (sacrificing to) stones set up and (dividing by) arrows are only an uncleanness, the Shatan’s work; shun it therefore that you may be successful.” (5:90-91)

174. Our noble Prophet Muhammad (s.a.w.) said, “One who drinks intoxicants after Allah has made them haram by my statement is not worthy of marriage [to your daughter] if he proposes to her, or of intercession when he asks for a good word, or of any credibility when he speaks, or of being entrusted with anything.”1

In another hadith, he says, “Allah has accursed alcohol, its growers, those who squeeze it [from the grapes], its drinkers, its servers, its buyers, its sellers, those who live on its income, its transporter, and the one to whom it is being transported.”2 There are many more ahadith you will find in books of hadith and jurisprudence.3

175. It is haram to eat at the table on which alcohol or any other intoxicants are being consumed. Based on obligatory precaution, it is haram to even sit at such a table. (See the question-answer section below.)

176. It is permissible for a Muslim to go to places where wine is being served with the food, provided that it does not lead to promotion of those restaurants. However, he cannot eat from the table on which wine is being consumed and should not, based on obligatory precaution, sit at that table. There is no problem though, in sitting at a table near the table on which wine is being consumed.

177. It has been mentioned in Chapter Three, Part One that all kinds of alcohol whether derived from wood or other sources are pure (tahir). Therefore, the food in whose preparation alcohol was used is tahir; the liquids in which it has been dissolved are also tahir. (See the question-answer section below.)

178. It is haram to use anything that causes serious harm to the human being like taking poison. It is also haram for a pregnant woman to drink something that would cause miscarriage. Similarly, anything that is known to be harmful or supposed to be harmful or has the probability of harm [is also haram], if that probability is considerable in the views of sensible people and that harm is serious enough to cause death or to disable a limb of the body.

179. There is certain etiquette to be observed at the dining table. Starting with the name of Allah; eating with the right hand; making small morsels; sitting longer at the table; chewing the food well; thanking Allah after the food; washing the fruits and vegetables before eating; not eating after satisfying the appetite; not over eating; not looking at the faces of others while eating; not taking away the food from others who are sitting at the table; and tasting the salt at the beginning and the end of the dinner.

Questions and Answers

180. Question: On the package of meat that is produced in Muslim countries by non-Muslim companies, it says, “Slaughtered according to Islamic laws”. Are we allowed to eat that meat? Can we eat that meat, if it comes from Muslim companies in non-Muslim countries? And what is the ruling, if the source is non-Muslim company from a non-Muslim country?

Answer: The writing [on the package] has no value at all. If the producer is a Muslim or it was produced in a place where Muslims are in the majority and it is not known that the producer is a non-Muslim, then it is permissible to eat it.

But if the producer is a non-Muslim or it was produced in a place where Muslims are not in the majority and it is not known that the producer is Muslim, then it is not permissible to eat it.

181. Question: We enter some super markets in Europe and find meat in tin containers produced by a European company with the writing on the package that conveys the sense of it being “halal” or “slaughtered according to Islamic laws”. Is it permissible to buy and eat such meat?

Answer: The writing [on the package] has no value if it does not lead to certainty [that it is actually halal].

182. Question: Meat companies slaughter a large number of chickens at one time [that is, simultaneously]. Now if the person running the slaughtering machine is a Muslim, who says takbir and says the name of Allah only once at the time of slaughtering all the chicken [simultaneously], is it permissible for us to eat those chickens? If we have doubt about these chickens being halal, can we [ignore that doubt and] eat them and consider them pure (tahir)?

Answer: If he repeats the name of Allah as long as the machine is continuing to slaughter, it is sufficient. In the event of doubt about its being halal (a doubt which arises concerning the mentioning of the name of Allah), it can be considered pure and be consumed.

183. Question: Is it permissible to buy meat thinking that it is slaughtered according to Islamic laws from a super-market owned by a Muslim who [also] sells alcoholic drinks?

Answer: Yes, it is permissible; and it is halal to eat, even if it previously came from a non-Muslim as long as there is a likelihood that the shopkeeper has ascertained that it was slaughtered according to the shari‘a laws; but not if there is no such likelihood.

184. Question: Some of the cheese manufactured in non-Muslim countries contains rennet extracted from the calf or other animals. We do not know whether the rennet was taken from the animal that was slaughtered according to Islamic laws; neither do we know that it has transformed into something else. So is it permissible to eat such cheese?

Answer: There is no problem in eating such cheese.

185. Question: Gelatin is used in a number of drinks and food items in the West. We do not know that gelatin has been extracted from a vegetable or an animal source; and that if it is from an animal, is it from its bones or from the tissues around the bones; neither do we know if the animal was one that is halal for us or haram. Are we allowed to eat such gelatin?

Answer: It is permissible to eat if the doubt is whether it has been extracted from an animal or vegetable. But, if it is known that it was derived from an animal, then it is not permissible to eat without ascertaining that the animal was slaughtered according to shari‘a. This prohibition applies, as a matter of obligatory precaution, even if it was extracted from animal bones.

186. Of course, if a chemical change occurs in the original ingredients during the process of manufacturing the gelatin, there is no problem at all in eating it. Similarly, even if one has doubt whether the animal was slaughtered Islamically or not, still there is no problem in adding the gelatin [made from that animal] to the food in such a minute amont that it is completely absorbed in it.

187. Question: Commercial fishing vessels place their huge nets [in the sea] and catch tons of fish which are then sold in the markets. It is well known that modern methods of fishing are based on catching the fish alive, and that the fishermen throw the dead fish back into the water for fear of contamination.

Therefore, is it permissible for us to buy such fish in the markets of non-Muslims? Is it permissible for us to buy such fish from Muslims who are not considerate of religious laws? In both the cases to ascertain that this particular fish in front of me was taken out of the water alive, should seek the advice of an expert and reliable witness to testify to that fact which may prove difficult, impractical, and unrealistic.

So, is there a solution for practicing Muslims who face difficulty in ascertaining whether or not the meat of chicken, cow or sheep is halal, and therefore take to eating fish instead?

Answer: There is no problem in buying it from Muslims or non-Muslims; as there is no problem in eating it, if they are satisfied that the fish was caught by the method mentioned above and that it belongs to the category of scale fish.

188. Question: At times we find the name or picture of fish on the cans and come to know that the fish is a scale fish. So, is it permissible for us to rely on the name or the picture in determining the category of fish, knowing well that a wrong statement of this kind would put the manufacturers in great loss or even more serious [situation] than just a loss?

Answer: If one is satisfied it is the truth, it is permissible to act upon it.

189. Question: Is it permissible to eat lobster, in all its varieties, by following the pattern of shrimp?

Answer: It is not permissible to eat lobster.

190. Question: Is it permissible to buy a fish from a Muslim who is not a Shi‘a while we have no knowledge whether it is from the category of scale fish or not?

Answer: It is permissible to buy it but one cannot eat it unless he makes sure that it is from the category of scale fish.

191. Question: Is it permissible to eat halal food which has been steam cooked with the steam of meat not slaughtered according to Islamic laws?

Answer: It is not permissible since the food, as mentioned in the question, will be considered impure (najis) because of coming into contact with the wet parts from the steam of the impure meat.

192. Question: If wine is served at a table, it is haram for a Muslim to sit at that table. What is meant by “table”? Does this apply to the entire group [that has gone to the restaurant and some are being served alcohol] even if the tables are more than one? Or does it only apply to one table [and not the group], in the sense that if there are two separate tables, it would be permissible to sit [at the table on which alcohol is not being served, even if they are part of the same company]?

Answer: The criterion is one table. However, one should know that the prohibition of sitting at a table on which wine or intoxicant drinks are being served is based on precaution; of course, eating and drinking at that table is haram based on obligatory precaution.

193. Question: A Muslim enters a café and sits down at a table to drink tea, then a stranger comes at the same table to drink wine. Is it obligatory upon the Muslim to stop drinking tea and leave?

Answer: Yes, as mentioned earlier, it is obligatory to move away from that table.

194. Question: Is it permissible to drink beer that says “alcohol free” on it?

Answer: It is not permissible to drink, if “beer” means the drink made from barley that causes mild drunkenness. But if it means a drink made from barley that does not cause mild drunkenness, there is no problem in it.

195. Question: Alcohol is used in the production of many drugs and medications: Is it permissible to take them? Are they considered pure (tahir)?

Answer: They are pure; and since the alcohol used in them is so minute that it dissolves in them, it is therefore permissible to take them also.

196. Question: There is this vinegar that is made from wine, in the sense that it was wine and then, through a manufacturing process, changed into vinegar. Therefore, the label on the bottle reads: “wine vinegar” as opposed to the vinegar made from barley or other items. One of the signs [of differentiating between “wine vinegar” and the wine itself is that] the bottles of this vinegar are displayed in the area of vinegar, and it has never happened that these bottles are placed on the shelves of wines. Moreover, there is no difference between such vinegar and the vinegar made from dates for example. So, can this wine which has turned into vinegar be considered vinegar under the rule of change (istihalah)?

Answer: If the name “vinegar” can be applied in the view of common people upon that product, as has been assumed in the question, the same rule governing vinegar would apply to it. [That is, it is pure as well as permissible.]

197. Question: The manufacturers of food and sweets as well as of the food packed in cans are required to mention the ingredients of the items being sold. To prevent the food from going bad, manufacturers add preservatives to them; these preservatives could be from animal source and are listed by alphabetical codes like “E” alongside a number like “E 450” or “E 472,” etc. What is the ruling in the following situations?

a. When one does not know the origin of these preservatives?

b. If one sees a list issued by those who have no idea of the rule of chemical transformation (istihalah: a purifying agent) that says that the items described by so and so alphabet and/or number are forbidden because they come from animal source?

c. When one does preliminary research and is satisfied that the preservative agent does not retain its original form but transforms in characteristics and changes into another substance?

Answer:

a. It is permissible to eat the food containing those preservatives.

b. If it is not ascertained that it is from an animal source -even if such a claim is made- it is permissible to eat it. Similarly, [it is permissible] if it is ascertained that [it is from an animal source] but one is uncertain whether it comes from an impure mayta and that its amount mixed in the food stuff is so minute that it is completely absorbed in it in the view of common people.

c. There is no problem in applying the rule of purity and permissibility whenever the chemical change is proved in the form that it transforms into another substance and in the view of common people nothing of the original substance remains.

198. Question: It is requested of you to answer the following two questions:

a. In itself is gelatin considered pure (tahir)?

b. If we have doubt whether or not istihala (chemical change) has occurred [in the process of manufacturing the gelatin] because of uncertainty about the concept and the extent of applying the rule of istihala, do we extend the previous knowledge (istishab) that gelatin is still impure?

Answer:

a. As for the gelatin derived from animal source, if the impurity of the origin is not established (for example, if there is a probability that the animal was slaughtered according to Islamic laws), it will be considered pure; however, it should not be added to the food, except in such amounts that it would be completely absorbed. [That is, it is pure (tahir) but should be used in food items in very minute quantities only.]

This [latter caution] is for a case where it is neither established that the animal was slaughtered according to Islamic rules, nor had istihala taken place. [If any of these two issues were established, then there would be no restriction in using gelatin in food items.]

The above ruling does not differ whether the gelatin was derived from parts of the animal that has feeling (like cartilage, gristle) or has no feeling (like bones). This ruling about parts with no feeling is based on obligatory precaution. However, if its impurity was established (for example, it is known that it comes from an essentially impure animal or from the cartilage of an animal not slaughtered according to Islamic rules, or from its bones without purifying them, in which case it would be considered mutanajjis by coming into wet contact with an impure item), then considering it pure and permissible for use in food items depends on establishing istihala. And in this matter [whether istihala took place or not], one should refer to the common perception of the people. We have explained its criterion earlier.

b. [Istishab is a principle that says that in case of doubt one should extend the previous knowledge about that particular issue until proven otherwise.] The principle of istishab is neither applicable in cases of doubt concerning the concept [of the law], nor in cases of the law themselves-as has been proven in its appropriate place in the Science of ‘Usûl.

However, since the issue of impurity (najasat) is related to the generic concept in a common man’s perspective and extension of judgement about najasat depends, in the eyes of sensible people, on continued existence of its elements - this makes the doubt about occurrence of istihala (whether its application is limited or broad) into a doubt about continued existence of impure elements [in the gelatin]. And this is a matter of application of the law. There is therefore no problem in applying the principle of istishab in this case. Allah knows the best.

199. Question: We are unaware of the ingredients of food sold in shops in Western countries: it might be free from those ingredients that are forbidden to us or it might contain them. Are we allowed to eat such items without looking into their ingredients, or inquiring about them? Or is that not allowed to us?

Answer: It is permissible [to eat such food] as long as it is not known that it contains meat, fat, and their derivatives that are forbidden to us.

200. Question: Is it permissible to use, in our foods, oils derived from fish that are forbidden to us? What about using such oils for other matters?

Answer: It is not permissible to eat such oils but their other usage is permissible. Allah knows the best.

201. Question: Is it permissible for a Muslim to attend a gathering where intoxicant drinks are being served?

Answer: Eating and drinking in those gatherings is forbidden. However, the prohibition in attending such gatherings is based on compulsory precaution. But there is no problem in attending such gatherings for the purpose of forbidding the evil (nahi ‘anil munkar), if one is capable of doing that.

202. Question: Is it permissible to eat lobster, crayfish, and snails?

Answer: Is it not permissible to eat from marine animals anything except fish that has scale; shrimp is considered from that category [of permissible sea animals]. But other than fish, like lobster, and similarly the fish that does not have scale is forbidden. Allah knows the best.

Notes

1. Al-Kulayni, Muhammad bin Ya'qûb, Furû'u 'l-Kafi, vol. 6, p. 396.

2. As-Sadûq, Man La Yahdhurhu 'l-Faqih, vol. 4, p. 4.

3. See Furû'u 'l-Kafi, vol. 6, p. 396.

Dress & Clothings

Introduction

Wearing clothes made of natural leather is a real problem for Muslims living in non-Muslim countries. Muslims are used to buying leather products in their own countries without any problem at all because they know that they are made from leather that comes from animals that are slaughtered according to Islamic laws. So they wear them, pray in them, and touch them with their wet hands without any problem or hesitation. But in non-Muslim countries, the reality is completely different.

General Rules

203. Leather products are impure (najis) and salat in them is not permissible, if we know that they have been made from the hide of an animal not slaughtered according to Islamic laws. Such products are considered pure and salat in them is permissible, if there is a probability that they were made from skin of an animal that is essentially halal and was slaughtered according to Islamic laws.

Salat is not permissible in leather products made from skin of predatory animals like lion, leopard, tiger, fox, and jackal. Similarly, based on obligatory precaution, salat is not permissible in leather products made from non-predatory animals whose meat is forbidden to us like monkeys and elephants even though their hide could be considered tahir if they certainly were (or there is a probability that they were) killed according to Islamic laws.

In all these cases of probability, wearing a belt and things like that made from leather is allowed [in salat], provided that they are not big enough as to conceal the private parts. If there exists no probability that it was slaughtered according to Islamic laws, and, on the contrary, we are sure that it comes from skin of an animal that was not slaughtered according to Islamic laws, then it is najis and salat in it is not permissible. [With no such probability,] even the use of belt and other things (that cannot conceal the sexual organs in salat) is not permissible on the basis of obligatory precaution. It would be the same law if the probability was very low that sensible people ignore it (for example, 2%).

The permissibility of the leather of these animals can be achieved by two methods: The first method is that they be slaughtered just as a sheep is slaughtered with all conditions observed. The second method is that they are hunted by using a gun. In the latter case, the hunter must be a Muslim; he must invoke Allah’s name while pulling the trigger; he must shoot with the purpose of hunting, and get to the place where the animal fell after it has died or when there was not enough time to slaughter it.

204. Leather products made in non-Muslim countries from hides of snakes and crocodiles and displayed in non-Muslims markets are considered pure (tahir); and it is permissible to buy, sell, and use them in things that require purity.

205. Leather products made in Muslim countries and displayed in non-Muslim markets are considered pure (tahir) and it is permissible to use them in salat.

206. Leather products made in non-Muslim countries whose nature and ritual purity cannot be determined, uncertain whether they are from natural or are permissible to use in salat.

207. Shoes made from leather of an animal not slaughtered according to Islamic laws do not make the feet najis except through wetness that transfers the impurity. So, if the foot sweats and the socks become soaked with the sweat, yet the latter does not reach the impure leather, it will not make the feet or the socks impure.

208. It is permissible to say salat with a leather cap or a leather belt manufactured in non-Muslim countries and bought in non-Muslim markets if there is a probability that these leather products were made from hide of animals that are essentially halal and were slaughtered according to Islamic laws. This has been mentioned in the third rule of this section. (See the question-answer section below.)

209. Men are not allowed to wear gold regardless of whether it is a [normal] ring, a wedding ring, a wristwatch, or other things in salat as well as outside it. It is permissible for them to wear gold-plated items, provided that gold is only considered as a coating and nothing more.

210. It is permissible for men to wear what is known as white gold.

211. Women are allowed to wear gold at all times, even in salat.

212. Men are not allowed to wear pure and natural silk, neither in salat nor outside salat, except in special circumstances that have been explained in the books of Islamic jurisprudence.

213. Women are allowed to wear silk at all times even in salat.

214. Men are allowed to wear ‘doubtful’ silk fabrics and clothes whose origin doubtful, i.e. whether they are made from natural silk or synthetic one. In this case, even salat in them is permissible. (See the question-answer section below.)

Similarly, it is permissible for them to wear natural silk that has been blended with other material like cotton, wool, nylon, etc. to the extent that the blended fabric is no longer considered pure silk. This law also applies, if there is uncertainty about the extent of blending [of pure silk and other material]. In such cases, it is also permissible to say salat in it.

215. Based on obligatory precaution, men are not allowed to dress up in women’s clothes.

216. Based on obligatory precaution, Muslims are not allowed to dress up in clothes that are specifically known as the dress of non-Muslims.

Questions and Answers

217. Question: We Muslims in Europe buy shoes, belts and other clothing items made of leather which may come from animals killed in non-Islamic way. At times such items are imported from Muslim countries or obtained from Muslim abattoirs here (since there are a few Muslim abattoirs in the U.K. for example).

Can we consider such leather to be pure (tahir) in the probability that it might have been imported from Muslim countries or obtained from abattoirs adopting Islamic way of slaughtering, even if such a probability is very weak?

Answer: If the probability is so weak that the opposite is more likely (for example, 2%), it should not even be considered. Otherwise [if the probability is high], there is no problem in considering it to be pure (tahir). Allah knows the best.

218. Question: Jurists have decreed that it is forbidden [for men] to wear pure and natural silk. Is it permissible for a man to wear silk that is mixed with other material if that clothing item is a necktie [or the normal tie]? And is it forbidden for man to wear the necktie, if it is made of natural and pure silk?

Answer: It is not forbidden to wear a tie, even if it is from pure silk because it is not [big enough material] to cover the private parts that must be covered [in prayer]. As for the item that is mixed with other material to the extent that it cannot be described as “pure silk,” it is permissible to wear, even if it [is big enough so that it] can cover the private parts that must be covered [in prayer].

219. Question: Even though some manufacturers write on their products that they have been made of natural silk, we doubt such a claim because of the goods very low price. Is it permissible for us to wear such an item and say salat in it?

Answer: With doubt [whether the silk is pure], it is permissible to wear and say salat in it.

220. Question: Is it permissible to wear clothes that have pictures of intoxicating drinks as a promotion for drinking them? Is it permissible to sell such items?

Answer: It is forbidden to wear and sell them.

221. Question: Is it permissible for a man to wear a watch that contains parts made from gold or a watch whose strap is made of gold? Is it permissible to say salat with it?

Answer: It is permissible to wear the first item and pray in it but not the second.

Dealing with laws in non-Muslim countries

Introduction

Various governments lay down laws to govern the conduct of the lives of their citizens, at times they would order people to do something and at times prohibit them from doing some other things; they would limit and restrict certain activities, etc.

Among those laws are the laws concerning public utilities related to the daily lives of the people in a given geographical area; and violating or disobeying these laws could led to disarray and chaos.

General Rules

222. It is not permissible for anyone to leave something on the public road that could cause harm to the pedestrians and others anywhere in Muslim and non-Muslim countries.

223. It is not permissible for a Muslim to post bills or write or engage in other similar activities on the outer walls or billboards that are owned by others except after obtaining the permission of the owner.

224. It is forbidden for a Muslim to betray the trust of someone who has entrusted him with an item or a deed, even if that person happens to be a non-Muslim.

225. It is similarly obligatory upon a Muslim to safeguard the deposit that has been given to him and give it back in full. Therefore, one who works as a cashier or accountant is not allowed to betray the employer and steal something that is under his control1 (See the question-answer section below.)

226. It is neither permissible to steal from the private as well as the public property of non-Muslims, nor vandalize it, even if that stealing or vandalizing does not tarnish the image of Islam and Muslims. Such an act is counted as perfidy and violation of the guarantee given to non-Muslims indirectly when one asked permission to enter or reside in that country. And it is forbidden to breach the trust and violate the guarantee in regard to every person irrespective of his religion, citizenship, and beliefs. (See the question-answer section below.)

227. It is not permissible to steal the property of non-Muslims when they enter Muslim countries.

228. It is not permissible for a Muslim to receive wages and subsidy through illegal means, and other similar methods, for example, by giving false information to the authorities.

229. It is permissible for a Muslim to purchase insurance policy from various insurance companies for insuring his life and property from fire, flood, theft, and other perils. The insurance agreement is considered binding and cannot be cancelled except with the consent of both parties.

230. It is not permissible for a Muslim to give false information to the insurance companies with the purpose of obtaining something that he is not entitled to just as he is not allowed to intentionally fake an accident like fire, for example, in order to gain something. Nor would the insurance benefits be lawful for him. (See the question-answer section below.)

231. At times the higher interests of the Muslims in non-Muslim countries demand that Muslims seek membership of political parties, enter parliaments, and representative assemblies. In such cases, it is permissible for Muslims to engage in such activities as much as is demanded by the interest [of the Muslim community] that must be identified by consulting the trustworthy experts.

232. Under no circumstance is it permissible to cheat in school exams irrespective of the fact that cheating is done by mutual help among the students or by the passing of notes or by duping the inspector and other illegal methods that are against the [education] system. (See the question-answer section below).

Questions and Answers

233. Question: If a Muslim tries to get from the bank’s cash dispensing machine some of his own money and more money than what he had asked for is dispensed, is he allowed to take the extra money without the bank knowing about it?

Answer: It is not allowed.

234. Question: A Muslim buys a commodity from a foreign company in a non-Muslim country; the seller by mistake gives more than what was ordered. Is the Muslim customer allowed to take the extra? Is he obliged to inform the seller about the mistake?

Answer: It is not lawful for him to take the excess amount; if he did so, it is obligatory for him to return it.

235. Question: A Muslim employee of a non-Muslim company is in a position to misappropriate company’s products. Is he allowed to do this?

Answer: It is not permissible.

236. Question: Is it permissible to tamper with electric or water or gas meters, in non-Muslim countries?

Answer: This also is not permissible.

237. Question: A Muslim in the West claims that he used to drive in his country for many years and supports his claim with a document from a given source so that he gets a preferable rate for his insurance premium. Is he allowed to change the fact in his statement, even if it is by tawriya (equivocation)? Is it permissible to help him for this purpose?

Answer: Lying for the above mentioned purpose is not permissible, nor is it allowed to claim money in this way; and duplicity in this is helping in committing a sin.

238. Question: Is it permissible to cheat insurance companies in non-Muslim countries when one is confident that it would not tarnish the image of Islam and Muslims?

Answer: It is not permissible.

239. Question: A Muslim deliberately torches his insured house so that he may receive compensation from the non-Muslim insurance company. Is he allowed to do this? And is it permissible for him to receive the compensation?

Answer: It is not permissible for him to destroy and waste the property, nor is it allowed for him to give false information to the insurance company for the purpose mentioned above. The money received [in this process] is not lawful.

240. Question: Is it permissible to cheat [in the exams] at public schools in Europe? Is it permissible to cheat [in the exams] at the private Islamic and non-Islamic schools?

Answer: Cheating is not allowed in any of these [schools].

241. Question: In some means of transportation, there are signs that say, “No Smoking”. Is it permissible to ignore those signs and smoke?

Answer: If that sign is like an additional condition for riding in that vehicle, or an official by-law of the government, and the passenger has given commitment to abide by the official laws, it is necessary for him to act according to that condition and his undertaking.

242. Question: Is it necessary for the person who has got a visa to enter a non-Muslim country to abide by the laws of that country in all fields, like traffic laws, laws regarding work and employment, etc.?

Answer: If he has given an undertaking-even if indirectly [as is implied in the immigration documents]- to abide by the laws of that country, it is necessary for him to fulfill his commitment in issues that are not contrary to the sacred laws [of Islam].

243. As for example, it is necessary to obey traffic regulations regardless [of the fact whether you have given a commitment or not], if not obeying those rules could eventually lead to harming people’s lives and properties which are sacrosanct [in Islamic laws].

244. Question: Some governments offer social security benefits to their citizens as long as one does not find a job. Is it permissible for them to continue receiving these benefits, even after they have found work and have not informed the department concerned about it?

Answer: It is not permissible for them to accept the benefits except after informing the competent authorities in those countries about it.

245. Question: Is it permissible for a Muslim to steal from non-Muslims in non-Muslim countries? And is it permissible for him to cheat them in methods that are common among themselves in order to acquire their property?

Answer: It is not permissible to steal their private or public property, or vandalize it if that leads to tarnishing the image of Islam or Muslims in general.

Similarly, it is not allowed to steal, even if it does not lead to that [i.e., tarnishing the image of Islam or Muslims] but is considered as perfidy and violation of the guarantee given to non-Muslims indirectly when one asked permission to enter or reside in their country. And it is forbidden to breach the trust and violate the guarantee in regard to every person.

246. Question: Is it permissible for a Muslim to give false information to government agencies in Europe in order to gain monetary and non-monetary privileges and benefits through their lawful means?

Answer: It is not permissible because it is lying; and what has been mentioned is not a justified reason [for lying].

Note

1. Dalilu 'l-Muslim fi Biladi 'l-Ghurba, p. 89-90.

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.


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