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

Taharat

Pure and Mixed Water

Issue 15: Water is either pure or mixed. Mixed water (Ma'ul muzaf) means the water which is obtained from something like melon juice, or rose water, or that water in which something else is mixed, (for example, so much dust is mixed in it that it may no longe r be called water).

Any water other than mixed water is called pure water (Ma'ul mutlaq), and they are of five types:

• Kurr Water,

• Under-Kurr Water, (QALEEL)

• Running Water, (JAREE)

• Rain Water,

• Water of a Well.

I. Kurr water

Issue 16: * Water, which fills a container whose length, breadth and depth are three and half spans each, is equal to a Kurr. Based on this, the volume of water will be 42.875 cubic span, though 36 cubic span is enough. To determine KURR by weight is not fre e from Ishkal.

Issue 17: If essential Najasat like urine, blood, or anything which has become najis, like a najis cloth, falls in Kurr Water and if the water acquires the smell, colour, or taste of that najasat, it becomes najis; but if it does not, then it is not najis.

Issue 18: If the smell, colour, or taste of Kurr water changes owing to something else, which is not najis, it does not become najis.

Issue 19: If an essential najasat like blood etc. reaches water which is more than a Kurr, and changes the smell, colour, or taste of a part of it, if the unchanged part is less than a Kurr, the entire water becomes najis. But if the unchanged part is one Kurr or more, then only that part which has changed will be najis.

Issue 20: If water of a spring is connected to Kurr, the water of the spring will make najis water Clean (tahir/pak ). But if it falls on the najis water drop by drop, it will not make it Clean (tahir/pak ), except when something is placed over the spring, so that before the drops are form ed, it connects the najis water. Better still, if the water of the spring is totally merged with the najis water.

Issue 21: If a najis object is washed under a tap which is connected with Kurr, and if water which flows from that object remains connected with Kurr, and does not contain the smell, colour, or taste of the najasat or essential najasat, that water will be Clean (tahir/pak ).

Issue 22: If a part of Kurr water freezes to ice, leaving a quantity which is not equal to a Kurr, and then najasat reaches it, it will become najis, and water obtained from the melting ice also will be najis.

Issue 23: If the quantity of water was equal to a Kurr and later on, if someone doubts whether it has reduced to less than a Kurr, it will be treated to be equal to a Kurr, i.e. it will make a najis object Clean (tahir/pak ), and will not become najis if najasat reaches it. A nd if water was less than a

Kurr, and one suspects that it may have become equal to a Kurr, it will be treated as under-Kurr water.

Issue 24: * There are two ways of establishing that the quantity of water is equal to a Kurr:

a person should be sure about it himself,

two men who are just, should say so.

II. Under-Kurr Water

Issue 25: Under-Kurr water means water which does not spring forth from the earth, and its quantity is less than a Kurr.

Issue 26: If under-Kurr water is poured on something which is najis, or if a najis thing contacts it, it becomes najis. But, if such water is poured with force on a najis object, only that part which contacts it will be najis, and the water which has not reach ed the najis object, will be Clean (tahir/pak ).

Issue 27: * Under-Kurr water which is poured over a najis object to remove the essential najasat will be najis, as it flows after the contact. Similarly, the under-Kurr water which is poured over a najis thing to wash it after the essential najasat has been removed, will be najis, as an obligatory precaution.

Issue 28: * The water with which the outlets of urine and stool are washed, does not make anything najis, subject to the following five conditions:

• It does not have the smell, colour or taste of najasat.

• Extra najasat has not reached it from outside.

• Any other najasat like blood, has not come out with urine or stool.

• Particles of stool do not appear in the water.

• More than usual najasat has not spread around the outlet.

III. Running Water

Issue 29: Running water is that water which springs forth from the earth and then flows, like the water of a spring or a canal.The flowing or running water, even if it is less than Kurr, does not become najis upon contact with any najasat, unless its smell, co lour, or taste changes due to that najasat.

Issue 30: If najasat reaches the running water, only that part of the water will be najis whose smell, colour, or taste changes on account of it, and that end which is connected with the spring will be Clean (tahir/pak ) even if it may be less than a Kurr. Similarly, the wat er on the other side of the canal will be Clean (tahir/pak ), if it is equal to a Kurr, or if it is connected with the water near the spring through unchanged water. If not, then it would be najis.

Issue 31: * A spring which does not run or flow, but replaces water every time water is drawn from it, will not be treated as running water. That means if najasat reaches it, and if it is less than Kurr, it will become najis.

Issue 32: * If water at the bank of a canal is stationary, but is connected with running water, it will not be considered as running water.

Issue 33: If a spring is active in winter, but remains dormant in summer, it will be treated as running water only when it is active.

Issue 34: If the water in a pool or tank of a public bath (Hammam) is less than a Kurr, but is connected with a store of water which when added to it

becomes equal to a Kurr, it does not become najis by meeting najasat if its smell, colour, or taste does not ch ange.

Issue 35: If water from the pipes fitted in bathrooms and buildings, pouring through taps and showers, is connected to a tank holding water equal to a Kurr, it will be treated as Kurr water.

Issue 36: Any water which flows but does not gush from a source, will become najis on contacting najasat, if it is less than Kurr. But if water flows with force and najasat touches it at the end part below, the upper end will not become najis.

IV. Rain Water

Issue 37: * A najis thing becomes Clean (tahir/pak ) if rain water falls on it once, provided that it does not contain an essential najasat, except in the cases of clothes and body which have become najis because of urine, for they become Clean (tahir/pak ) after being washed twice, as p er precaution. And in objects like carpets and dress, it is not necessary to wring or squeeze. By rain is meant a sufficient downpour, and not scanty shower or droplets.

Issue 38: * If rain water falls on Najisul Ayn and splashes elsewhere, and if the essential najasat is not found in the water, nor does it acquire the smell, colour, or taste of the najasat, then that water is Clean (tahir/pak ). So, if it rains on blood and then splashes, and particles of blood are seen in the water, or it acquires the smell, colour, or taste of blood, it is najis.

Issue 39: If there is Najisul Ayn on the roof of a building, and water flows down from the roof after contacting the najis object, it will be deemed Clean (tahir/pak ) as long as the rain continues. But if it continues to flow down the same way after contacting the najis obj ect, after the rain has stopped, that water will be najis.

Issue 40: The najis earth or ground on which rain falls becomes Clean (tahir/pak ), and if it begins flowing on the ground, and while it is still raining it reaches a najis place under the roof, it makes that place Clean (tahir/pak ) as well.

Issue 41: * If rain water falls on najis dust or sand, soaking it thoroughly, it becomes Clean (tahir/pak ).

Issue 42: * If rain water collects at a place, even if its quantity is less than a Kurr, and a najis thing is washed in it while it is raining, it becomes Clean (tahir/pak ) provided that, it does not assume the smell, colour, or taste of that najasat.

Issue 43: * If it rains on a pure carpet which is spread over a najis ground, and if the water seeps onto the najis ground while rain continues, the carpet does not become najis. In fact, the ground also will become Clean (tahir/pak ).

V. Well Water

Issue 44: The water of a well which springs forth from the earth, (although its quantity may be less than a Kurr) does not become najis owing to something najis falling in it, unless its colour, smell, or taste changes. However, it is recommended that, in the event of certain najasat falling in it, a quantity of water should be drawn from the well. Details about this quantity are given in the relevant books.

Issue 45: If a najasat falls into well water and changes its smell, colour, or taste, it will become Clean (tahir/pak ) as soon as the change in its smell etc. vanishes. But it is better to wait till it is mixed with the fresh water springing from the earth.

Issue 46: If rain water is collected in a hole, and its quantity is less than a Kurr, it will become najis if najasat reaches it after the rain has stopped.

Rules Regarding Waters:

Issue 47: Mixed water, whose meaning has been explained in Article 15, does not make any najis thing Clean (tahir/pak ), and its use is not allowed for Ghusl or Wudhu.

Issue 48: * Mixed water, however large its quantity may be, becomes najis when even a small particle of najasat falls in it. But, if it falls on a najis thing from above, with some force, the part which touches the najasat will become najis, and the part whic h does not touch it, will remain Clean (tahir/pak ). For example, if rose water is sprinkled on a najis hand from a sprinkler, the part which reaches the hand will be najis and the part which does not reach the hand, will remain Clean (tahir/pak ).

Issue 49: When najis mixed water is mixed with Kurr or running water, in a manner that it can no longer be called mixed water, it becomes Clean (tahir/pak ).

Issue 50: Water which was originally pure and it is not known whether it has turned into mixed water, will be treated as pure, i.e. it will make najis thing Clean (tahir/pak ) and it will also be in order to perform Wudhu and Ghusl with it. But if it was originally mixed wa ter, and it is not known whether it has turned into pure water, it will be treated as mixed water, i.e. it will not make najis objects Clean (tahir/pak ), and it cannot be used for Wudhu or Ghusl.

Issue 51: * Water about which it is not known whether it is pure or mixed, and it is also not known whether originally it was pure or mixed, will not make najis things Clean (tahir/pak ), and it is also not permissible to perform Wudhu or Ghusl with it. Also, it becomes naj is when a najasat reaches it, even if it is equal to a Kurr or more.

Issue 52: * When an essential najasat like blood and urine reaches water, and changes its smell, colour, or taste,it becomes najis even if it is Kurr or running water. Similarly, if the smell, colour, or taste of the water changes owing to a najasat which is outside it—for example, if a carcass, which is lying by the side of the water, causes a change in smell, the water will be deemed najis, as an obligatory precaution.

Issue 53: * If water which has become najis due to Najisul Ayn like blood or urine, which changed its smell, colour, or taste, joins Kurr-water or running water, or if rain water falls on it, or is blown over it by the winds, or rain water falls on it through the drain pipe while it is raining, the water will become Clean (tahir/pak ) if the change vanishes. However, rain water, or Kurr water, or running water should get mixed with it.

Issue 54: If a najis object is made Clean (tahir/pak ) in Kurr or running water, the water which falls from the object after it has become Clean (tahir/pak ), is Clean (tahir/pak ).

Issue 55: Water, which was originally Clean (tahir/pak ), and it is not known whether it has become najis, will be deemed Clean (tahir/pak ); and water, which was originally najis, and it is not known whether it has become Clean (tahir/pak ), is najis.

Issue 56: The leftover of a dog, a pig and a kafir, other than the people of the Book,is najis, and as a recommended precaution, the leftover of the people of the Book is also najis, and it is haraam to consume it. However,

the leftover of the animals, whose m eat is haraam, is Clean (tahir/pak ), and with the exception of cat, it is Makrooh to eat or drink the leftover of a such animals.

Rules concerning Use of Lavatory

Issue 57: * It is obligatory to conceal one's private parts in the toilet and at all times from adult persons even if they are one's near relatives (like mother, sister etc.) Similarly, it is obligatory to conceal one's private parts from insane persons, and from children who can discern between good and evil. However, husband and wife are exempted from this obligation.

Issue 58: It is not necessary for a person to conceal the private parts with any definite thing, it is sufficient, if, for example, he conceals them with his hand.

Issue 59: * While using the toilet for relieving oneself, the front or the back part of one's body should not face the holy Ka'bah.

Issue 60: * If a person sits in the toilet with the front part of his body or the back facing the Qibla, but turns the private parts away from that direction, it will not be enough. Similarly, when the front part of the body or the back does not face Qibla, as a precaution, he should not allow the private parts to face that direction.

Issue 61: Recommended precaution is that one should not face the Qibla or have one's back towards it at the time of Istibra (to be explained later), nor at the time of washing oneself to become Clean (tahir/pak ) after relief.

Issue 62: * When one is forced to sit facing the Qibla, or with his back towards it, so as to avoid somebody looking at him, or if it is not possible to do so, or when there is an unavoidable excuse for sitting that way, it is permissible to do so.

Issue 63: It is a recommended precaution that even a child should not be made to sit in the toilet with its face or back facing Qibla. But if the child positions itself that way, it is not obligatory to divert it.

Issue 64: It is haraam to relieve oneself at the following four places:

• In blind alleys, without the permission of the people who live there.

• On the property (land) of a person who has not granted permission for the purpose.

• At a place which is waqf exclusively for its beneficiaries, like some Madrassahs.

• On the graves of Momineen, and at the sacred places whose sanctity will thus be violated.

Issue 65: In the following three cases, anus can be made Clean (tahir/pak ) with water alone:

• If another najasat, like blood, appears along with the faeces.

• If an external najasat reaches the anus.

• If more than usual najasat spreads around the anus.

In the cases other than those mentioned above, anus can be made Clean (tahir/pak ) either by water or by using cloth, or stone etc., although it is always better to wash it with water. (for details: see Notes 68 - 70).

Issue 66: * The urinary organ cannot be made Clean (tahir/pak ) without water. If one uses kurr or running water, then washing the organ once will suffice, after removal of essential najasat. But, if one uses under-kurr water, then recommended precaution is to wash it twice, better still, three times.

Issue 67: If the anus is washed with water, one should ensure that no trace of faeces is left on it. However, there is no harm if colour and smell

remain. And if it is washed thoroughly in the first instance, leaving no particle of stool, then it is not necess ary to wash it again.

Issue 68: The anus can be made Clean (tahir/pak ) with stone, clod or cloth provided they are dry and Clean (tahir/pak ). If there is slight moisture on it, which does not reach the outlet, there is no objection.

Issue 69: * If one makes oneself totally Clean (tahir/pak ) with stone, clod or cloth once, it will be enough, though it is better to do it three times. In fact, it is better to use three pieces. And if one does not get totally Clean (tahir/pak ) after three times, he may continue till he is Clean (tahir/pak ). However, there in no harm, if invisible, tiny particles are still there.

Issue 70: It is haraam to make the anus Clean (tahir/pak ) with things which are sacred and revered, like, a paper on which the names of Allah and the Prophets are written. And using bones or dung for the purpose, may not make the place Clean (tahir/pak ).

Issue 71: If a person doubts whether he has made the outlet Clean (tahir/pak ), it is necessary that he should make it Clean (tahir/pak ) even if he may have been doing it always as a matter of habit.

Issue 72: * When a person doubts after Salat, whether he made the outlet Clean (tahir/pak ) before he started the prayers, the Salat already prayed will be valid, but for the ensuing prayers, he will make himself Clean (tahir/pak ).

Istibra

Issue 73: Istibra is a recommended act for men after urinating. Its object is to ensure that no more urine is left in the urethra.

There are certain ways of performing Istibra, and the best of them is that after the passing of urine, if the anus also becomes najis it is made Clean (tahir/pak ) first. Thereafter, the part between the anus and the root of penis should be pressed thrice, with the mid dle finger of the left hand. Then the thumb is placed on the penis, and the forefinger below it pressing three times up to the point of circumcision, then the front part of the penis should be jerked three times.

Issue 74: The moisture which is discharged by man during wooing and courtship, is called 'Mazi'. It is Clean (tahir/pak ), and so is the liquid which is seen after ejaculation. It is called 'Wazi'. Similarly, the liquid which at times comes out after urine, is called 'Wadi' and it is Clean (tahir/pak ) if urine has not reached it. If a person performs Istibra after urinating, and then discharges liquid doubting whether it is urine, or one of the above mentioned three liquids, that liquid is Clean (tahir/pak ).

Issue 75: If a person doubts whether he has performed Istibra or not, and then discharges a liquid about which he is not sure whether it is Clean (tahir/pak ) or not, that liquid is will be deemed najis, and if he has performed Wudhu it becomes void. However, if he doubts whe ther he performed the Istibra correctly or not, and a liquid is discharged about which he is not sure whether it is Clean (tahir/pak ) or not, that liquid will be Clean (tahir/pak ), and it will not invalidate the Wudhu.

Issue 76: * If a person performs Istibra, and also performs Wudhu, and if after Wudhu he sees a liquid discharged, of which he knows that it is either urine or semen, it will be obligatory upon him to do Ghusl, together with

Wudhu. But if he had not done Wudh u after Istibra, then Wudhu alone will be sufficient.

Issue 77: When enough time has lapsed since urinating, and one becomes sure that no urine is left in urinary passage, and then he sees some liquid, doubting whether it is Clean (tahir/pak ) or not, he will consider it as Clean (tahir/pak ), even if he had not done Istibra. If he has Wudhu, it will be valid.

Issue 78: Istibra is not meant for women, and if she sees any liquid and she doubts whether it is urine, that liquid is Clean (tahir/pak ), and it will not invalidate Wudhu and Ghusl.

Mustahab and Makrooh Acts

Issue 79: It is Mustahab that a person sitting for relieving himself, sits at a place where no one would see him, and enters the toilet with his left foot forward, and comes out with his right foot. It is also Mustahab to cover one's head, and to place one's w eight on the left foot.

Issue 80: It is Makrooh to face the sun, or the moon, while relieving oneself. But if a person manages to cover his private parts, it will not be Makrooh. Moreover, it is Makrooh to sit for urinating etc. facing the wind; or on the road side, or in lanes, or in front of a doors of a house or under the shade of the fruit-yielding tree. It is also Makrooh to eat while relieving oneself, or take longer then usual time, or to wash oneself with the right hand. Talking is also Makrooh unless necessary. To utter words remembering Allah is not Makrooh.

Issue 81: It is Makrooh to urinate while standing, or on hard earth, or in the burrows of the animals, or in stationery water.

Issue 82: It is Makrooh to suppress or constrain one's urge for urine or excretion, and if it is injurious to one's health, it becomes haraam.

Issue 83: It is Mustahab to urinate before Salat, before retiring to sleep, before sexual intercourse, and after ejaculation.