Islamic Laws

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

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Islamic Laws

Islamic Laws

Author:
Publisher: World Federation of KSI Muslim Communities
English

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Zakat (Part II of II)

Disposal of Zakat

Issue 1933: * Zakat can be spent for the following eight purposes:

(i) It may be given to poor person, who does not possess actual or potential means to meet his own expenses, as well as that of his family for a period of one year. However, a person who has an art or possesses property or capital to meet his expenses, is not classified as poor.

(ii) It may be paid to a miskin (a destitute person) who leads a harder life than a Faqir (a poor person).

(iii) It can be given to a person who is a Wakil of Holy Imam (A.S.) or his representative to collect Zakat, to keep it in safe custody, to maintain its accounts and to deliver it to the Imam or his representative or to the poor.

(iv) It can be given to those non-Muslims who may, as a result, be inclined to Islam, or may assist the Muslims with the Zakat for fighting against the enemies, or for other justified purposes. It can be given to those Muslims also whose faith in the Prophet or in the Wilayat of Amirul Momineen is unstable and weak, provided that, as a result of giving, their faith is entrenched.

(v) It can be spent to purchase the slaves to set them free, the details of which have been given in its relevant Chapter.

(vi) It can be given to an indebted person who is unable to repay his debt.

(vii) It may be spent in the way of Allah for things which has common benefit to the Muslims; for example, to construct a mosque, or a school for religious education, or to keep the city clean, or to widen or to build tar roads.

(viii) It may be given to a stranded traveller.

These are the situations in which Zakat can be spent. But in situation number 3 and 4, the owner cannot spend without the permission of Imam (A.S.) or his representative; and the same applies to the 7th situation, as per obligatory precaution. Rules relating to these are explained in the following articles:

Issue 1934: The obligatory precaution is that a poor and destitute person should not receive Zakat more than his expenses and those of his family, for one year. And if he possesses some money or commodity, he should receive Zakat equivalent to the shortfall in meeting his expenses for a year.

Issue 1935: If a person had enough amount to meet his expenses for a year, and he spent something out of it, and then doubts whether or not the remaining amount will be sufficient to meet his expenses for one year, he cannot receive Zakat.

Issue 1936: An artisan, a land-owner, or a merchant whose income is less than his expenses for one year can take Zakat to meet his annual shortfall, and it is not necessary for him to sell off his tools, property, or spend his capital in order to meet his expenses.

Issue 1937: * A poor person who has no means of meeting his own expenses, and those of his family, for one year, can receive Zakat, even if he owns a house in which he lives, or possesses a means of transport, without which he cannot lead his life, or it may be to maintain his self-respect. And

the same rule applies to household equipments, utensils and dresses for summer and winter, and other things needed by him (i.e. he can take Zakat even if he possesses these things). And if a poor person does not have these essential things, he can purchase them from Zakat, if he needs them.

Issue 1938: If it is not difficult for a poor person to learn an art, he should not, as an obligatory precaution, depend on Zakat. However, he can receive Zakat as long as he is learning the art.

Issue 1939: * If a person who was poor previously says that he is still poor, Zakat can be given to him, even if the person giving Zakat may not be satisfied with what he says. But if a person was not known to be poor previously, Zakat cannot be given to him, as a precaution, till one is satisfied about his poverty.

Issue 1940: If a person says that he is poor, and he was not poor previously, and if one is not satisfied with what he says, the obligatory precaution is that Zakat should not be given to him.

Issue 1941: If a Zakat giver is the creditor of a poor person, he can adjust the debt against Zakat.

Issue 1942: If a poor man dies, and his property is not as much as it may liquidate his debt, the creditor can adjust his claim against Zakat. And even if his property is sufficient to clear his debt, but his heirs do not pay his debt, or the creditor cannot get back his money for any other reason, he can adjust the debt against Zakat.

Issue 1943: It is not necessary for a person who gives Zakat to mention to the poor that it is Zakat. In fact, if the poor feels ashamed of it, it is recommended that he should not mention at all that he has given with the intention of Zakat.

Issue 1944: * If a person gives Zakat to someone thinking that he is poor, and understands later that he was not poor, or owing to his not knowing the rule, gives Zakat to a person who he knows is not poor, it will not be sufficient. Hence, if the Zakat which he gave to that poor still exists, he should take it back from him, and give it to the person entitled to it. And if that thing does not exist, and the person who took it was aware that he was given from Zakat, the Zakat payer should obtain its substitute from him, and give it to the person entitled to it. And if the receiver was not aware that it was Zakat, nothing will be taken from him, and the person who has to pay Zakat will give the substitute from his own property.

Issue 1945: A person who is indebted and is unable to repay his debt, can receive Zakat to repay it, even if he has the means to meet his expenses for one year. However, it is necessary that he should not have spent the loan for some sinful purpose.

Issue 1946: * If a man gives Zakat to someone who is indebted and who cannot repay his debt, and understands later that he had spent the loan for sinful purpose, if that debtor is poor, the man can adjust the sum as Zakat given to poor.

Issue 1947: If a person is indebted and is unable to repay his debt, although he is not poor, the creditor can adjust against Zakat the amount which that person owes him.

Issue 1948: If a traveller is stranded because he has no money left with him, or his means of transport does not function, he can receive Zakat, provided that his journey is not for a sinful purpose, and that he cannot reach his destination by taking a loan or by selling something. He can receive Zakat even if he is not poor in his hometown. But if he can raise money for the expenses of his journey to another place nearby, by borrowing money or selling something, he should take only that much of Zakat, which would enable him to reach that place.

Issue 1949: * If a stranded traveller takes Zakat, and upon reaching his hometown finds that some of it has remained unspent, he should send it back to the giver of Zakat, and if he cannot do so, he should give it to theMujtahid mentioning that it is Zakat.

Qualifications of those Entitled to Receive Zakat

Issue 1950: * It is necessary that the person to whom Zakat is paid is a Shi'ah Ithna'ashari. If, therefore, one pays Zakat to a person under the impression that he is a Shi'ah, and it transpires later that he is not a Shi'ah, one should pay Zakat again.

Issue 1951: If a child or an insane Shi'ah person is poor, a person can give Zakat to his guardian with the intention that whatever he is giving will belong to the child or to the insane person.

Issue 1952: If a person has no access to the guardian of the child or of the insane person, he can utilise Zakat for the benefit of the child or of the insane person himself, or through an honest person. And he will do the Niyyat of Zakat, when the money has reached for the purpose.

Issue 1953: * Zakat can be given to a poor man who begs, but can not be given to a person who spends it for sinful purpose. In fact, as a precaution, it cannot be given to a poor man who, as a result of receiving, feels encouraged to commit sins, even if he does not spend that sum for sinful purposes. In fact, as a precaution, it cannot be given to a poor man who, as a result of receiving, feels encouraged to commit sins, even if he does not spend that sum for sinful purposes.

Issue 1954: * As an obligatory precaution, Zakat cannot be given to a drunkard, or one who does not offer daily prayers, or one who commits major sins openly.

Issue 1955: The debt of a person who cannot repay his debt can be paid from Zakat even if his maintenance is obligatory on the one giving Zakat.

Issue 1956: A person cannot pay from Zakat the expenses of his dependents, like, his children. But, if he himself fails to maintain them, others may give them from Zakat.

Issue 1957: * There is no harm if a person gives Zakat to his deserving son for spending on his wife, servant and maid servant.

Issue 1958: Father cannot pay for the religious or secular books required by his son for education, from Zakat money, except when public welfare warrants it, and as a precaution, he has sought the permission of theMujtahid .

Issue 1959: * If a father is not financially capable of getting his son married, he can get him married by spending Zakat, and the son can similarly do so for his father.

Issue 1960: * Zakat cannot be given to a wife whose husband provides for her subsistence, nor to one whose husband does not provide for her subsistence, if it is possible for her to refer toMujtahid who would compel him to provide.

Issue 1961: If a woman who has contracted temporary marriage (Mut'ah) is poor, her husband and others can give her Zakat. But if the contract had a condition that the husband would maintain her for her expenses, or if it is obligatory on the husband for some other reason to maintain her, and he fulfils the obligation, Zakat cannot be given to her.

Issue 1962: A wife can give Zakat to her husband who may be poor even if the husband may in turn spend that Zakat for her, being his wife.

Issue 1963: * A Sayyid cannot take Zakat from a non-Sayyid. However, if Khums and other religious dues are not sufficient to meet the expenses of a Sayyid and he has no alternative, he may take Zakat from a non-Sayyid.

Issue 1964: Zakat can be given to a person about whom one is not sure whether he is a Sayyid or not.

Intention of Zakat

Issue 1965: * A person should give Zakat with the intention of Qurbat, that is, to comply with the pleasure of Almighty Allah. And he should specify in his Niyyat, whether he is giving the Zakat on his wealth, or Zakatul Fitra. Also, if it is obligatory on him to give Zakat on wheat and barley, and if he wants to pay a sum of money equal to the value of Zakat, he should specify whether he is paying in lieu of wheat or barley.

Issue 1966: * If a person becomes liable to pay Zakat on various items, and he gives a part of Zakat without making Niyyat of any of those items, if the thing which he has given is of the same class as any one of those items, it will be reckoned to be Zakat on that very commodity. For instance, if it is obligatory on a person to pay Zakat on 40 sheep and on 15 mithqals of gold, and he gives one sheep as Zakat without any specified Niyyat of either, it will be treated to be Zakat on sheep. But if he gives some silver coins or bank notes, which does not belong to either class, as it is neither sheep nor gold, it is a matter ofIshkal and the Zakat will not be considered as paid.

Issue 1967: If a person appoints someone as his representative to give away the Zakat of his property, he should, while handing over Zakat to the representative, make Niyyat that whatever his representative will later give to a poor is Zakat. And it is better that his Niyyat remains constant till Zakat reaches the poor.

Issue 1968: * If a person gives Zakat to poor, or to theMujtahid , without making the Niyyat of Qurbat, it will be accepted as Zakat, although he will have committed a sin for not having the Niyyat of Qurbat.

Miscellaneous Rules of Zakat

Issue 1969: As a precaution, when wheat and barley are separated from chaff, and when dates and grapes become dry, their owner should give Zakat to poor or separate it from his wealth. Similarly, Zakat on gold, silver, cow, sheep and camel should be given to poor, or separated from one's wealth after the expiry of eleven months. However, if he awaits a particular poor

person, or wishes to give it to a poor with some excelling virtue, he may not separate the Zakat from his wealth.

Issue 1970: It is not necessary that after separating Zakat, a person should pay it at once to a deserving person. But, if a deserving person is accessible, then the recommended precaution is that payment of Zakat should not be delayed.

Issue 1971: If a person who could deliver Zakat to a deserving person did not give it, and it was lost due to his negligence, he should give its replacement.

Issue 1972: * If a person who can deliver Zakat to a deserving person, does not do so, and it is lost without his being careless about it, if he had a good reason for the delay, there is no obligation to make its substitute, like, if he was waiting for a particular poor person, or if he wanted to distribute over many poor people, gradually. But if he had no good reason for the delay, he should give its substitute.

Issue 1973: If a person separates Zakat from that wealth on which it had become due, he has the right of disposal over the remaining amount, and if he separates it from his other property, he has the discretion over the entire property.

Issue 1974: When a person has separated Zakat from his property, he cannot utilise it and replace it with other payment.

Issue 1975: If some profit accrues from the Zakat which a person has set apart - for example, if a sheep which has been ear-marked for Zakat gives birth to a lamb - it belongs to the poor.

Issue 1976: If one entitled to Zakat is present when a person separates Zakat from his property, it is better that he should give the Zakat to him, except that he has a person in view who is preferable, for some reason, to receive Zakat.

Issue 1977: * If a person trades with the property set apart for Zakat, without obtaining the permission of theMujtahid , and sustains a loss, he should not deduct anything from Zakat. However, if he makes a profit, he should give it, as an obligatory precaution, to a person entitled to receive Zakat.

Issue 1978: If a person gives in advance to poor, with the Niyyat of Zakat while it has not yet become obligatory on him, it cannot be treated as Zakat. But after Zakat becomes obligatory on him, he can calculate it as Zakat, provided that the thing given is not used up, and that the poor continues to be deserving.

Issue 1979: If a poor person knows that Zakat has not become obligatory on a particular person, and takes something from him as Zakat, and it is used up or destroyed while it is with him, he is responsible for it. And when Zakat becomes obligatory on the person, if the poor is still deserving, the Zakat payer can adjust the Zakat liability against what he had already given.

Issue 1980: If a poor person did not know that Zakat had not become obligatory on a particular person, and he takes something from him as Zakat and it perishes while it is with him (i.e the pauper) he will not be responsible for it, and the person who gives Zakat cannot adjust it against Zakat

Issue 1981: It isMustahab to give Zakat on cows, sheep and camels to those poor who have integrity; and while giving Zakat he should give preference to his deserving relatives over others. Similarly, he should give preference to the learned persons over those who are not learned, and to those who do not beg over those who beg. But, if giving Zakat to a particular poor is better for some other reason, it isMustahab that Zakat be given to him.

Issue 1982: It is better that Zakat is given openly, andMustahab Sadaqah are given secretly.

Issue 1983: * If there are no deserving persons in one's hometown, nor can he spend it for any other purpose prescribed for Zakat, and he does not hope that he will be able to find a deserving person later, he should take Zakat to some other town, and spend it for an appropriate purpose. With the permission of theMujtahid , he can deduct from Zakat the expenses of taking it to the other town, and he will not be responsible if it is lost.

Issue 1984: Even if a deserving person is available in the home town of a person, he can take Zakat to another town. However, he will pay himself the expenses of taking it to the other town, and will be responsible if it is lost, except when he takes it with the directive of theMujtahid .

Issue 1985: The charges for weighing and scaling of wheat, barley, raisins and dates, which a person gives as Zakat, are to be paid by him.

Issue 1986: If a person has to pay as Zakat 2 mithqals and 15 grams of silver or more, he should not, as a recommended precaution, give less than 2 mithqals and 15 grams to one poor. Also, if he has to pay something other than silver, like wheat and barley, and its value reaches 2 mithqals and 15 grams of silver he should not, as a recommended precaution, give less than that to one poor.

Issue 1987: It is Makrooh for a man to request the deserving person to sell back to him the Zakat which he has received from him. However, if the deserving person wishes to sell the thing which he has received after its price has been agreed, the man who has given him Zakat will have the priority over others.

Issue 1988: If a person doubts whether or not he gave the Zakat which had been obligatory on him, and the property on which Zakat was due is also existent, he should give Zakat even if his doubts is with regard to Zakat of earlier years. And if the liable property no more exist, no Zakat is due on it even if the doubt relates to Zakat for the current year.

Issue 1989: * A poor man cannot compromise for a quantity less than the quantity of Zakat before having received it, or accept as Zakat something costlier than its actual value. Similarly, the owner cannot give Zakat to a deserving person on a condition that he would return it. However, there is no objection if the deserving poor, after having received the Zakat agrees to return it. For example, a person owes a large sum of Zakat, and because of poverty is unable to pay Zakat, and he repents for not having paid and seeks forgiveness from Allah, the deserving recipient can, of his own pleasure, bestow it back on him after having received it.

Issue 1990: * A person cannot purchase the Holy Qur'an or religious books or prayer books from the Zakat property, and dedicate them as

WAQF, except when it becomes necessary for public welfare, and for that also, as an obligatory precaution, he must seek permission from theMujtahid .

Issue 1991: A person cannot purchase property with Zakat and bestow it upon his children or upon persons whose maintenance is obligatory on him, so that they spend its income for their expenses.

Issue 1992: * A person can spend Zakat to go to Hajj, Ziyarat etc. even if he may not be poor, or draw from Zakat an amount equal to his annual expenses, provided that it is in the interest of the public, and if, as a precaution, he has obtained permission from theMujtahid .

Issue 1993: * If the owner of a property makes a poor man his agent to distribute Zakat of his wealth, and if the poor has a feeling that the intention of the owner was that he himself (i.e. the poor man) should not take anything out of Zakat, he cannot take anything from it for himself. But if he is sure that the owner had no such intention, he can take for himself also.

Issue 1994: If a poor man gets camel, cow, sheep, gold and silver as Zakat and if the conditions for Zakat becoming obligatory are fulfilled, he will have to give Zakat on them.

Issue 1995: * If two persons are joint owners of a property on which Zakat has become obligatory, and one of then pays Zakat for his share, and thereafter they divide the property, even if he knows that his partner has not paid Zakat on his share, and is not going to pay it afterwards, there is no objection if he exercises the right of discretion over his own share.

Issue 1996: * If a person owes Khums or Zakat and also owes Kaffara and Nadhr etc., but he is also indebted and cannot make all these payments, and if the property on which Khums and Zakat has become obligatory has not been used up, he should give Khums and Zakat, and if it has ben used up, the debt, Zakat and Khums will have priority over Kaffarah and Nadhr.

Issue 1997: * If a person owes Khums or Zakat and has an obligation of Hajj and is also indebted, and he dies, and his property is not sufficient for all these things, if the property on which Khums and Zakat become obligatory has not ceased to exist, Khums or Zakat should be paid and the balance should be spent on repaying the debt. And if the property on which Khums and Zakat became obligatory has ceased to exist his property should be spent to pay his debt, and if anything remains it should be spent on Hajj. If there is still an excess, then it must be divided between Khums and Zakat.

Issue 1998: * If a person is acquiring knowledge and as an alternative he can earn his livelihood, Zakat can be given to him if acquiring that knowledge is obligatory. And if acquiring that knowledge is in the public interest, he can be given Zakat with the permission of theMujtahid , as a precaution. In the absence of these two circumstances, it is not permissible to give him from Zakat.

Zakat of Fitrah

Issue 1999: * At the time of sunset on Eid ul fitr night (i.e. the night preceding Eid day), whoever is adult and sane and is neither unconscious, nor poor, nor the slave of another, he should give, on his own behalf as well as on behalf of all those who are his dependents, about three kilos per head of wheat or barley or dates or raisins or rice or millet etc. It is also sufficient if he pays the price of one of these items in cash. As per obligatory precaution, he should not give from that food which is not staple in his place, even if it be wheat, barley, dates or raisins.

Issue 2000: If a person is not in a position to meet his own expenses, as well as those of his family, for a period of one year, and has also no one who can meet these expenses, then he is a poor person, and it is not obligatory on him to pay Zakat of fitrah.

Issue 2001: One should pay Fitrah on behalf of all those persons who are treated as his dependents at his house on the nightfall of Eid ul fitr, whether they be young or old, Muslims or non-Muslims; irrespective of whether or not it is obligatory on him to maintain them, and whether they are in his own town or in some other town.

Issue 2002: If a person appoints his dependent who is in another town, to pay his own fitrah from his property, and is satisfied that he will pay the fitrah, it will not be necessary for the person to pay that dependent's fitrah.

Issue 2003: * It is obligatory to pay the fitrah of a guest who arrives at his house before sunset on Eid ul fitr night, with his consent, and he becomes his temporary dependent.

Issue 2004: The fitrah of a guest who arrives at his house on the night of Eid ul fitr before sunset, without his consent, and stays with him for some time, is also, as per obligatory precaution, wajib upon the host. Similarly, if he is forced to maintain someone, his fitrah will also be obligatory upon him.

Issue 2005: If a guest arrives after sunset on Eid ul fitr night, and is considered to be dependent upon the master of the house, payment of his fitrah is obligatory on the master of the house, as an obligatory precaution; but otherwise it is not obligatory, even if he may have invited him before sunset and may have broken his fast at his house.

Issue 2006: If a person is insane at the time of sunset on the night of Eid ul fitr, and his insanity continues till Zuhr on Eid ul fitr, it is not obligatory on him to pay the fitrah. Otherwise it is necessary for him as an obligatory precaution to give fitrah.

Issue 2007: * If a child becomes baligh, or an insane person becomes sane, or a poor person becomes self sufficient during sunset, and satisfies the conditions of fitrah becoming obligatory on him, he should give fitrah.

Issue 2008: If it is not obligatory on a person to pay fitrah at the time of sunset on the night of Eid ul fitr, but necessary conditions making fitrah obligatory on him develop before Zuhr on Eid day, the obligatory precaution is that he should pay fitrah.

Issue 2009: If a non-Muslim becomes a Muslim after the sunset on the night of Eid ul fitr, it is not obligatory on him to pay fitrah. But if a Muslim

who was not a Shi'ah becomes a Shi'ah after sighting the moon, he should pay fitrah.

Issue 2010: * It isMustahab that a person who affords only one sa'a (about 3 kilos) of wheat etc. should also pay fitrah. And if he has family members and wishes to pay their fitrah as well, he can give that one sa'a to one of his family members with the intention of fitrah and that member can give it to another family member, and so on, till the turn of the last person comes; and it is better that the last person gives what he receives to a person who is not one of them. And if one of them is a minor, his guardian can take fitrah on his behalf, and the precaution is the thing taken for the minor should not be given to anyone else.

Issue 2011: If one's child is born after the sunset on the night of Eid ul fitr, it is not obligatory to give its fitrah. However, the obligatory precaution is that one should pay the fitrah of all those who are considered one's dependents after sunset, till before the Zuhr of Eid.

Issue 2012: * If one who was dependent of a person, and becomes dependent of another before sunset, fitrah is obligatory on the other person whose dependent one has become. For example, if one's daughter goes to her husband's house before sunset, her husband should pay her fitrah.

Issue 2013: If the fitrah of a person is obligatory on another person, it is not obligatory on him to give his fitrah himself.

Issue 2014: * If it is obligatory on a person to pay the fitrah of another person, but he does not pay it, its payment will be, as an obligatory precaution, obligatory on the latter. So, if all the conditions mentioned in rule 1999 are fulfilled, he must pay his own fitrah.

Issue 2015: If it is obligatory on a person to pay the fitrah of another person, his obligation will not end if the latter himself pays his own fitrah.

Issue 2016: In the case of a wife who is not maintained by her husband, is she is dependent upon someone else, that person will have to pay her fitrah. But if she is not dependent on anyone else, she will pay her own fitrah if she is not poor.

Issue 2017: A person, who is not a Sayyid, cannot give fitra to a Sayyid, and if that Sayyid is his dependent, he cannot give to another Sayyid either.

Issue 2018: The fitrah of a child who sucks the milk of its mother or a nurse, is payable by one who bears the expenses of the mother or the nurse. But, if the mother or the nurse is maintained by the property of the child itself, payment of fitrah for the child is not obligatory on any one.

Issue 2019: Even if a person maintains the members of his family by haraam means, he should pay their fitrah out of halal property.

Issue 2020: * If a person employs someone like a carpenter, or a servant, and agrees to maintain him fully, he should pay his fitrah as well. But if he agrees that he would pay him for his labour, it is not obligatory on him to pay his fitrah.

Issue 2021: * If a person dies before sunset on the night of Eid ul fitr, it is not wajib to pay his fitrah or that of his family, from his estate. But if he dies after sunset, it is commonly held that fitrah will be obligatory, but it is not devoid ofIshkal . However, it is better to act on precaution, and pay his fitrah as well as that of his family.

Disposal of Fitra

Issue 2022: * As an obligatory precaution Fitrah should be paid to Shiah poor only, who fulfil the conditions mentioned for those who deserve receiving Zakat. But if there is no deserving Shiah in one's hometown, it can be given to other deserving Muslims. But in no circumstances should Fitrah be given to Nasibi - the enemies of Ahlul Bait (A.S)

Issue 2023: If a Shiah child is poor, one can spend fitrah on him, or make it his property by entrusting it to its guardian.

Issue 2024: * It is not necessary that the poor to whom fitrah is given should be Adil (a just person). But, as an obligatory precaution, fitrah must not be given to a drunkard, or one who does not offer his daily prayers, or commits sins openly.

Issue 2025: Fitrah should not be given to a person who spends it on sinful acts.

Issue 2026: * The recommended precaution is that a poor person should not be given fitrah which is less than a sa'a (about 3 kilos). However, there is no harm if more than that is given to him.

Issue 2027: * When the price of a superior quality of a commodity is double that of the ordinary, like, when the price of a particular kind of wheat is double that of the price of its ordinary kind, it is not sufficient to give half a sa'a of the wheat of superior quality as fitrah. Also, it is not sufficient if the value of half a sa'a is given with the Niyyat of fitrah.

Issue 2028: One cannot give as fitrah, half a sa'a of one commodity (eg. wheat) and half a sa'a of another commodity (eg. barley), and if he gives these with the Niyyat of paying the price of fitrah even then it is not sufficient.

Issue 2029: * It isMustahab that while giving Zakat of fitrah, one should give preference to one's poor relatives and neighbours, and then to give preference to the learned persons over others.

Issue 2030: * If a man gives fitrah to a person thinking that he is poor, and understands later that he was not poor, and if the property which he gave to him has not ceased to exist, he should take it back from him, and give it to a person who deserves. But if he cannot take it back from him, he should replace it from his own property. And if what he gave as fitrah is used up, and the person who took fitrah knew that he had received fitrah, he should gives its substitute, but if he did not know it, it is not obligatory on him to give substitute, and the man who gave fitrah should give it once again.

Issue 2031: * If a person claims to be poor, fitrah cannot be given to him unless one is satisfied with his claim; or, if one knows that the claimant has been poor previously.

Miscellaneous Matters Regarding Fitrah

Issue 2032: * One should give fitrah with the Niyyat of Qurbat, that is, to fulfil the orders of Almighty Allah, and should intend to be giving fitrah at the time of disposal.

Issue 2033: * It is not correct to give fitrah before the month of Ramadhan, and it is better that it should not be given even during the month

of Ramadhan. However, if a person gives loan to a poor person before Ramadhan, and adjusts the loan against fitrah, when payment of fitrah becomes obligatory, there is no harm in it.

Issue 2034: * It is necessary that wheat or any other thing which a person gives as fitrah is not mixed with another commodity or dust, and if it is mixed, but in its pure form it equals a sa'a (about 3 kilos) and the quantity of the thing mixed with it is negligible or usable, there is no harm in it.

Issue 2035: If a person gives fitrah from a thing which is inferior or defective, it will not be sufficient.

Issue 2036: If a person gives fitrah on behalf of a number of persons, it is not necessary for him to pay all from the same commodity. For example, if he gives wheat as fitrah of some of them of and barley for others, it is sufficient.

Issue 2037: If a person offers Eid ul fitr prayers, he should, on the basis of obligatory precaution, give fitrah before Eid prayers. But if he does not offer Eid prayers, he can delay giving fitrah till Zuhr.

Issue 2038: If a person sets aside fitrah from his main wealth, and does not give it to a person entitled to receive it till Zuhr of Eid day, he should make Niyyat of fitrah as and when he gives it.

Issue 2039: If a person does not give fitrah at the time when its payment becomes obligatory, and does not also set it aside, he should give fitrah later on the basis of precaution, without making the Niyyat of ada or qadha.

Issue 2040: If a person sets aside fitrah, he cannot take it for his own use, and replace it with another sum or thing.

Issue 2041: If a person possesses wealth whose value is more than fitrah, and if he does not give fitrah but makes a Niyyat that a part of that wealth is for fitrah, it is a matter ofIshkal .

Issue 2042: * If the thing set aside for fitrah is lost, he should replace it if a poor person was available, and the fitrah giver delayed giving it, or, he failed to look after it properly. But, if a poor person was not available, and he cared for it properly, he is not responsible to replace it.

Issue 2043: If a deserving person is available in the hometown of a person, the obligatory precaution is that he should not transfer the fitrah to some other place, and if he does and it is lost, he should give its replacement.

Hajj

Issue 2044: * Hajj (pilgrimage) means visiting the House of Allah (Ka'bah), and performing all those worshipful acts which have been ordered to be performed there. It is obligatory on a person once in his lifetime, provided that he fulfils the following conditions:

(i) He should be baligh.

(ii) He should be sane and free, that is, he should not be insane and should not be a slave.

(iii) Because of proceeding to Makkah for Hajj, he should not be obliged to commit a haraam act, avoidance of which is more important than Hajj, nor should he be compelled to forsake an obligatory work which is more important than Hajj.

(iv) He should be capable of performing Hajj, and this depends upon number of factors:

(a) He should possess provisions and means for transportation, if need be, or heshould have enough money to buy them.

(b) He should be healthy and strong enough to go to Makkah and per form Hajj, without suffering extreme difficulties.

(c) There should be no obstacle on the way. If the way is closed, or if a person fears that he will lose his life, or honour, while on his way to Makkah, or he will berobbed of his property, it is not obligatory on him to perform Hajj. But if he can reach Makkah by another route, he should go to perform Hajj, even if the other route is a longer one. But that route should not be unusually longer.

(d) He should have enough time to reach Makkah, and to perform all the acts of worship in Hajj.

(e) He should possess sufficient money to meet the expenses of his dependents whose maintenance is obligatory on him, like, his wife and children, as well as the expenses of those who have to be paid, like, servants, maids, etc.

(f) On return from Hajj, he should have some means of livelihood, like, income from the property, farming, business, employment etc. so that he may not lead a life of hardship.

Issue 2045: When a person is in need of owning a house, performance of Hajj will be obligatory on him if he also possesses money for the house.

Issue 2046: If a wife can go to Makkah but does not have any means of support on her return, and if her husband is also poor, and cannot provide her subsistence, subjecting her to hard life, Hajj will not be obligatory on her.

Issue 2047: If a person does not possess necessary provision for the journey, nor any means of transport, and another person asks him to go for Hajj undertaking to meet his expenses as well as of his family during his Hajj, and he (i.e. the person who is asked to go for Hajj) is satisfied with what the other man offers, Hajj becomes obligatory on him.

Issue 2048: * If a person is offered the expenses of his return journey to Makkah, as well as the expenses of his family during the period of Hajj, Hajj becomes obligatory on him, even if he is indebted, and does not possess means of support with which to lead his life after his return. But if

the days of Hajj and the days of his work coincide, meaning that if he abandons his work and goes for Hajj, he will not be able to pay his debts in time, nor support himself for the rest of the year, Hajj will not beWajib on him.

Issue 2049: * If a person is given expenses of going to and returning from Makkah, and the expenses of his family during that period, and is asked to go to Hajj without mentioning that the help given is his property, performance of Hajj becomes obligatory on him, if he is satisfied that it will not be taken back from him.

Issue 2050: If a person is given an amount to cover expenses just sufficient for Hajj, with a condition that on his way to Makkah he will serve the person who gave the expenses, Hajj does not become obligatory on him.

Issue 2051: If a person is given monetary help to enable him to perform obligatory Hajj, and he does perform Hajj, another Hajj will not become obligatory on him if he himself becomes wealthy.

Issue 2052: If a person goes, for example, to Jeddah in connection with trade, and acquires sufficient money to go to Makkah, he should perform Hajj. And if he performs Hajj, performance of another Hajj will not be obligatory on him, if he later acquires enough wealth to enable to go to Makkah from his hometown.

Issue 2053: If a person is hired to perform Hajj on behalf of another person, but he cannot go for Hajj himself, and wishes to send someone else, he should seek permission from the person who hired him.

Issue 2054: * If a person could afford to perform Hajj but did not perform it, and then became poor, he should perform Hajj facing all odds. And if he is not at all able to go for Hajj, and if another person hires him for Hajj, he should go to Makkah and perform Hajj on behalf of the person who has hired him. He should then remain in Makkah for a year if possible, and perform his own Hajj. But, if it is possible that he is hired and given his wages in cash, and the person who hires him agrees that he may perform Hajj on his behalf next year, he should perform his own Hajj in the first year, and that on behalf of the person who has hired him, in the second year, if he feels that he might not be able to perform his own Hajj in the following year.

Issue 2055: * If a person goes to Makkah in the year in which he can afford to perform Hajj, but cannot reach Arafat and Mash'arul Haram at the prescribed time, and cannot afford to go for Hajj during the succeeding years, Hajj is not obligatory on him. But, if he could afford to go for Hajj in the earlier years, and did not go, he should perform Hajj in spite of all difficulties.

Issue 2056: * If a person did not perform Hajj in the year in which he could afford to go for Hajj, and cannot perform Hajj now owing to old age, or ailment, or weakness, and does not hope that in the future, he will be able to perform Hajj in person, he should send someone else to perform Hajj on his behalf. In fact, even if he does not lose hope, the obligatory precaution is that he should hire a person. And when he becomes capable afterwards, he should perform Hajj himself also. And the same applies if a person becoming capable of going to Hajj for the first time, is prevented to perform

Hajj because of old age, ailment or weakness, and loses hope of gaining strength. In all these cases, however, he should, as a recommended precaution, hire a male person, and the one who is going to Hajj for the first time.

Issue 2057: * A person who has been hired by another person to perform Hajj should perform Tawafun Nisa also on his behalf, failing which his own wife (i.e. the wife of the hired person) becomes haraam for him.

Issue 2058: If a person does not perform Tawafun Nisa correctly, or forgets to perform it, and if he remembers it after a few days and returns to perform it, his action is in order. And if his returning is difficult for him, he can depute another person to perform the Tawaf on his behalf.

Rules of Salat (Part III of III)

Qir'at (Reciting the Surah Al-Hamd and Other Surah of Holy Qur'an)

Issue 987: * In the the daily obligatory prayers, one should recite Surah al-Hamd in the first and second Rak'ats, and thereafter one should, on the basis of precaution, recite one complete Surah. The Surah az Zuha and Surah Inshirah are treated as one Surah in Salat, and so are the Surah al-Fil and Quraysh.

Issue 988: If the time left for Salat is little, or if a person has to helplessly abandon the Surah because of fear that a thief, a beast, or anything else, may do him harm, or if he has an important work, he should not recite the other Surah. In fact, there are situations when he should avoid it, like when the Salat time at his disposal is limited, or when in fear.

Issue 989: If a person intentionally recites Surah before Hamd, his prayer is void, and if he does it by mistake, and realises this while reciting it, he should abandon the Surah and recite Hamd first, and then the Surah.

Issue 990: If a person forgets to recite Hamd and Surah, or either of them and realises after reaching the Ruku, his prayers are in order.

Issue 991: If a person realises before bowing for Ruku, that he has not recited Hamd and Surah, he should recite them, and if he realises that he has not recited the Surah, he should recite the Surah only. But, if he realises that he has not recited Hamd only, he should recite Hamd first and then recite the Surah again.

Moreover, if he bends but before reaching the Ruku realises that he has not recited Hamd and Surah, or only Surah, or only Hamd, he should stand up and act according to the foregoing rules.

Issue 992: * If a person intentionally recites one of the four Surahs which contain verses ofWajib Sajdah, in Salat, he will perform an immediate Sajdah upon reciting the verse. And if he does so, as a precaution, his Salat will be void, and he will have to pray again. But if he does not go to Sajdah immediately, and continues to pray, it will be in order, though he will have committed a sin for not going to Sajdah immediately.

Issue 993: * If a person begins reciting by mistake, a Surah which has verses ofWajib Sajdah and he realises this before reaching the verse of Sajdah, he should abandon that Surah and recite some other Surah. But if he realises this after reciting the verse of Sajdah, he should act as guided in the above rule (i.e. 992).

Issue 994: If during Salat a man listens to the verses making Sajdah obligatory, his prayer are in order, and on the basis of precaution, he should make a sign of Sajdah, and should also offer Sajdah after the prayers.

Issue 995: It is not necessary to recite a Surah after Hamd inMustahab prayers, even if that prayers may have become obligatory due to Nazr. But, as for someMustahab prayers like wahshat prayers, in which a particular Surah is recommended, if a person wishes to act according to the rules, he should recite the prescribed Surah.

Issue 996: While offering Friday prayers, or Zuhr prayers on Friday, it isMustahab that after reciting Surah al-Hamd, Surah al-Jumu'ah should be

recited in the first Rak'at, and Surah al-Munafiqun in the second Rak'at, and once a person begins reciting one of these Surahs he is not allowed as per obligatory precaution, to abandon it and recite another Surah in its place.

Issue 997: * If after Hamd, somebody begins reciting the Surah Qul Huwallah or Qul ya ayyuhal Kafirun, he cannot abandon it and recite some other Surah. However, if in Friday prayers and in Zuhr prayers on Friday, he recites one of these Surahs forgetfully, instead of Surah Jumu'ah and Surah Munafiqun, he can abandon it and recite Surah Jumu'ah and Surah Munafiqun, but the precaution is that he should not abandon that Surah after having read more than half of it.

Issue 998: If a person recites intentionally Surah Qul Huwallah or Surah Qul ya ayyuhal Kafirun in Friday prayers or in Zuhr prayers on Friday, he cannot, as an obligatory precaution, abandon it to recite Surah Jumu'ah and Surah Munafiqun, even if he may not have reached half of it.

Issue 999: * If in Salat, a person recites a Surah other than Surah Qul Huwallah and Surah Qul ya ayyuhal Kafirun he can abandon that Surah before reaching half of it, and recite some other Surah. But as a precaution, he should not abandon it after having reached half, and it is not permissible to resort to another Surah.

Issue 1000: * If the person in Salat forgets a part of a Surah, or cannot complete it owing to helplessness, like very little time of Salat is left, or for some other reason, he can abandon that Surah and recite some other Surah, even if he may have reached half of it. This applies to Surah Qul Huwallah or Surah Qul ya ayyuhal Kafirun also.

Issue 1001: * It isWajib for a man to recite Surah al-Hamd and the other Surah loudly, while offering Fajr, Maghrib and Isha prayers, and it isWajib for a man and a woman to recite Surah al-Hamd and the other Surah silently while offering Zuhr and Asr prayers.

Issue 1002: * As a precaution, men must take care to recite loudly every word of Surah al-Hamd and the other Surah, including their last letters, in the prayers of Fajr, Maghrib and Isha.

Issue 1003: * A woman can recite Surah al-Hamd and other Surah in Fajr, Maghrib and Isha prayers loudly or silently. But, if a na-Mahram hears her voice, she should, on the basis of precaution, recite them silently, especially if allowing him to listen is haraam.

Issue 1004: * If a person intentionally prays loudly where he should pray silently, and vice versa, his prayer is void. But, if, he does so owing to forgetfulness, or not knowing the rule, his prayer is in order. And if he realises that he is doing a mistake while reciting the Surah al-Hamd and the other Surah, it is not necessary to recite again what he has recited not following the rule.

Issue 1005: If a person raises his voice unusually high while reciting Surah al-Hamd and Surah, as if he were shouting, his prayer will be void.

Issue 1006: * A person should learn Surahs to be recited in Salat, so that he may not recite them incorrectly, and if one cannot by any means learn the whole of Surah al-Hamd, he should learn as much of it as he can and recite; but if that is a very small part, then as an obligatory precaution, he should add to it as many verses of Qur'an that he can remember. And if he cannot

do that, he should add some Tasbeeh to it. But if someone cannot recite Surah al-Hamd at all, then there is no necessary replacement for it. The recommended precaution for him is to join Salat al-Jamaat.

Issue 1007: * If a person does not know Surah al-Hamd well, but can learn it, he should do so if the time of Salat permits. And if the time does not permit, he should act as guided in the above rule, and his prayers will be valid. But wherever possible, such a person should join Salat al-Jamaat to relieve himself of the responsibility.

Issue 1008: * To take wages for teaching obligatory acts of prayers is haraam, as a precaution, and taking wages for teachingMustahab things is permissible.

Issue 1009: * If a person does not know a certain word of Surah al-Hamd or Surah, or does not utter it intentionally, or utters one letter for another like, Za for Zad, or changes the inflections, by giving movements of Fathah or Kasrah where not needed, or does not render tashdid properly, his prayer is void.

Issue 1010: If a person has learnt a word which he believes to be correct, and recites it that way in prayers, but comes to know later that he has been reciting it incorrectly, it is not necessary for him to offer the prayers again.

Issue 1011: * If a person does not know whether a particular word is to be read with Fathah or Kasrah, of if he does not know whether a particular word has a “seen” or a “swad” in it, he should take pains to learn that. But if he tries to recite in two or more ways, and if the wrong or incorrect recitation is neither from the Qur'an nor any Zikr, his prayers will be void. But if both the recitations are correct, like, reciting the 'S' of “Siratal” with “seen” and “swad”, then the prayers will not be affected.

Issue 1012: * The Ulama of Tajweed, that is, the art of reciting the Qur'an, have outlined several places where “Madd” (prolonging certain letters) is necessary. Wherever a vowel in a word precedes another vowel, say, 'alif' or 'hamza', it has to be prolonged, so that the utterances of each word is clear. But in Salat, its validity does not depend upon following these rules, so if one does not strictly follow them, his Salat will not be void. Except in “Wal-dhaalleen” (the last word of Surah al-Hamd) one should exercise certain care to prolong, so that tashdid is properly pronounced.

Issue 1013: * The recommended precaution is that while offering prayers, one should not recite the ending word of any Ayat with Waqf if one wishes to join it to the next Ayat. Nor should one render it without waqf and join. For example, if you recite “ar Rahmanir Rahimi” and then wait before starting the next, it is not proper. You should continue with no waiting. Similarly, in the same Ayat, that is, “ar Rahmanir Rahim”, if you read the last letter “mim” with sakin, you should not attach the “mim” to “Maliki Yawmi ddin”.

Issue 1014: * In the third and fourth Rak'ats of prayers, one may either read only Surah al-Hamd orTasbihat Arba'ah - Subhanallahi wal hamdu lillahi wa la ilaha illal lahu wallahu Akbar which may be said once, although it is better that it should be said three times. It is also permissible to recite Surah al-Hamd in one Rak'at, and Tasbihat Arba'ah in the other, but it is better to recite Tasbihat in both.

Issue 1015: * When time for Salat is short, one must recite Tasbihat Arba'ah once, and if even that much cannot be recited within time, then he must say only “Subhanallah” once.

Issue 1016: * It is obligatory for men and women that in the third and fourth Rak'ats, they should recite Surah al-Hamd or Tasbihat Arba'ah silently.

Issue 1017: * If a person recites Surah al-Hamd in the third and fourth Rak'ats, it is not obligatory for him to recite its “Bismilla” silently, except in the case of one who is following in congregational prayers, for whom, as an obligatory precaution, it is necessary that “Bismillah” is recited silently.

Issue 1018: A person who cannot learn Tasbihat Arba'ah, or cannot pronounce them correctly, should recite Surah al-Hamd in the third and fourth Rak'ats.

Issue 1019: If a person recites Tasbihat Arba'ah in the first two Rak'ats, thinking that they are the last two Rak'ats, and if he realises the error before Ruku, he should recite Surah al-Hamd and Surah. But if he realises this during or after the Ruku, his prayer is in order.

Issue 1020: If a person recites Surah al-Hamd in the last two Rak'ats, thinking that they are the first two Rak'ats, or recites Surah al-Hamd in the first two Raka'ts, thinking that they are the last two Rak'ats, his prayer is in order, whether he realises the mistake before or after Ruku.

Issue 1021: * If in the third or fourth Rak'at, a person wanted to recite Surah al-Hamd, but instead of that,Tasbihat Arba'ah came on his tongue, or if he wishes to recite Tasbihat Arba'ah but Surah al-Hamd comes on his tongue, he should abandon it and recite Tasbihat Arba'ah or Surah al-Hamd again with the intentions. However, if the recitation which came on his tongue was the one to which he was habituated, then he should complete it and his prayers will be valid.

Issue 1022: If a person who has the habit of reciting Tasbihat Arba'ah in the third and fourth Rak'ats, ignores his habit and begins reciting Hamd, with the intention of performing his obligation, it will be sufficient, and it will not be not necessary for him to recite Surah al-Hamd or Tasbihat Arba'ah again.

Issue 1023: In the third and fourth Rak'ats, it isMustahab to seek forgiveness from Allah after Tasbihat Arba'ah. That is, one should say, Astaghfirullaha Rabbi wa Atubu Illayhi, or one should say, Allahummaghfir li. And before bowing for Ruku, while he is uttering Istighfar or has finished it, if he doubts whether he has read al-Hamd or Tasbihat or not, he should read either of them.

Issue 1024: * If the person doubts while in Ruku of third or fourth Rak'at, whether or not he has recited Surah al-Hamd or Tasbihat Arba'ah, he should ignore his doubt. Similarly, he should ignore the doubt if it occurs while bowing for Ruku.

Issue 1025: If a person doubts whether he has pronounced a verse or a word correctly, like, whether he has uttered Qul Huwallahu Ahad correctly or not, he may ignore his doubt. However, if he repeats that verse or word correctly as a precautionary measure, there is no harm in it. And if he doubts often he may repeat as many times. However, if it becomes an obsession,

and he still goes on reading it again, as a recommended precaution, he should pray all over again.

Issue 1026: It isMustahab that in the first Rak'at one should say A'uzubillahi Minash shaytanir Rajim before reciting Surah al-Hamd, and in the first and second Rak'ats of Zuhr and Asr prayers one should say Bismillah loudly. It isMustahab also to recite Surah al-Hamd and other Surah distinctly, with a pause at the end of every verse i.e. not joining it with the next verse, and while reciting Surah al-Hamd and Surah, one should pay attention to the meanings of each verse. And it isMustahab to say, Alhamdulillahi Rabbil 'Alamin after the completion of Surah al-Hamd by the Imam in the congregation, and by himself, if he is praying alone. And after reciting Surah Qul huwallahu Ahad he should say, “Kazalikallahu Rabbi” once, twice or three times or “Kazalikallahu Rabbuna” three times. Similarly, it isMustahab to pause a little after reciting the Surah, then say Takbir, before going to Ruku or reciting Qunut.

Issue 1027: It isMustahab that in all the prayers, one should recite Surah Inna Anzalnahu in the first Rak'at, and Surah Qul huwallahu Ahad in the second Rak'at.

Issue 1028: It is Makrooh not to recite Surah Qul huwallahu Ahad even in one of the daily prayers.

Issue 1029: It is Makrooh to recite the whole ofSurah Qul huwallahu Ahad in one breath.

Issue 1030: It is Makrooh to recite in the second Rak'at the same Surah, which one has recited in the first Rak'at. However, if one recites Surah Qul huwallahu Ahad in both the Rak'ats, it is not Makrooh.

Ruku (Bowing)

Issue 1031: * In every Rak'at, a person offering prayers should, after reciting the Surahs (Qira'at), bow to an extent that he is able to rest his finger tips on his knees. This act is called Ruku.

Issue 1032: * If the person performs Ruku in an unusual manner, like, if he bends towards left or right, his Ruku is not correct even if his hands reach his knees.

Issue 1034: Bending should be with the niyyat of Ruku. If a person bends for some other purpose (e.g. to kill an insect), he cannot reckon it as Ruku. He will have to stand up and bend again for Ruku, and in so doing, he will not have added any Rukn, nor will his prayers be void.

Issue 1035: If a person has abnormally long hands, so that if he bends a little they reach his knees, or if his knees are lower than usual, so that he has to bend himself lower to make his hands reach his knees, he should follow the normal bowing by the others.

Issue 1036: A person who performs Ruku in the sitting position, should bow down till his face is parallel to his knees. And it is better that he should bow down till his face reaches near the place of Sajdah.

Issue 1037: It is better that in normal situations one should say in Ruku, Subhanallah three times or Subhana Rabbiyal 'Azimi wa bi hamdih once. But actually, uttering any Zikr to this extent is sufficient. However, if Salat time is short, or if one is under any pressure, it will be sufficient to say Subhanallah once.

Issue 1038: The Zikr of Ruku should be uttered in succession, and in correct Arabic, and it isMustahab that it should be uttered 3, 5 or 7 times or more than that.

Issue 1039: * In Ruku, the body should be steady, and one should not purposely move or shake oneself. And as a precaution, one should not have any movement when reciting the obligatory Zikr.

Issue 1040: If at the time of uttering the obligatory Zikr of Ruku, he loses steadiness because of uncontrollable vigorous movement, it will be better that after his body resumes steadiness he repeats the Zikr. However, if the movement is so negligible that steadiness is not lost, or if he just moves his fingers, there is no harm in it.

Issue 1041: If a person intentionally recites the Zikr of Ruku before he has properly bowed down, and before his body becomes still, his prayers will be void.

Issue 1042: * If a person intentionally raises his head from Ruku before completing obligatory Zikr, his prayer is void. If he raises his head by mistake, and if he has not completely ceased to be in Ruku and he recollects that he has not completed the Zikr of Ruku, he should make himself steady and recite the Zikr. And if he recollects after he has arisen totally from Ruku, his prayers are in order.

Issue 1043: * If a person is unable to remain in the state of Ruku all the time while reciting the Zikr, then the recommended precaution is that he should complete the remainder while standing up from Ruku.

Issue 1044: If a person cannot remain steady during Ruku owing to some disease etc, his prayers are in order. But he should complete the obligatory part of Zikr, as explained, before totally rising from Ruku.

Issue 1045: * If a person cannot bow down for Ruku properly, he should lean on something and perform Ruku. And if he cannot perform Ruku even after he has leaned, he should bow down to the maximum extent he can, so that it could be customarily recognised as a Ruku. And if he cannot bend at all, he should make a sign for Ruku with his head.

Issue 1046: If a person supposed to make a sign with his head for Ruku is unable to do so, he should close his eyes with the niyyat of Ruku, and then recite Zikr. And for rising from Ruku, he should open his eyes. And if he is unable to do even that, he should, as a precaution, make a niyyat of Ruku in his mind, and then make a sign of Ruku with his hands and recite Zikr.

Issue 1047: If a person cannot perform Ruku while standing, but can bend for it while sitting, he should offer prayers standing and should make a sign with his head for Ruku. And the recommended precaution is that he should offer another prayers in which he would sit down at the time of Ruku, and bow down for it.

Issue 1048: * If some one raises his head after reaching Ruku, and bows down twice to the extent of Ruku, his prayer is void.

Issue 1049: After the completion of the Zikr of Ruku, one should stand straight, and proceed to Sajdah after the body has become steady. If one goes to Sajdah intentionally before standing erect, or before the body is steady, the prayers are void.

Issue 1050: * If a person forgets to perform Ruku, remembering it before Sajdah, he should stand up first, and then go into Ruku. It will not be proper for him to go into Ruku in a bent position.

Issue 1051: * If a person offering prayers remembers after his forehead reaches the earth, that he has not performed Ruku, it is necessary that he should return to standing position and then perform Ruku. But, if he remembers this in the second Sajdah, his prayers are void.

Issue 1052: It isMustahab that before going into Ruku, a person should say Takbir while he is standing erect, and in Ruku, he should push his knees back, keep his back flat, stretch forth his neck, keep it in line with his back, look between his two feet, say Salawat before or after Zikr. And when he rises after Ruku, it isMustahab to stand erect, and in a state of steadiness say Sami'allahu liman hamidah.

Issue 1053: It isMustahab for women that while performing Ruku, they should keep their hands higher than their knees, and should not push back their knees.

Sujood

Issue 1054: * A person offering prayers should perform two sajdahs after the Ruku, in each Rak'at of the obligatory as well asMustahab prayers. Sajdah means that one should place one's forehead on earth in a special manner, with the intention of humility (before Allah).

While performing Sajdahs during prayers, it is obligatory that both the palms and the knees, and both the big toes are placed on the ground.

Issue 1055: * Two Sajdahs together are a “Rukn” (elemental), and if a person omits to perform two Sajdah in one Rak'at of an obligatory prayers, whether intentionally or owing to forgetfulness, or adds two more Sajdahs, his prayers are void.

Issue 1056: If a person omits or adds one Sajdah intentionally, his prayers become void. And if he omits or adds one Sajdah forgetfully, the rules regarding it will be explained later.

Issue 1057: * If a person who can keep his forehead on the ground, does not do so whether intentionally or forgetfully, he has not performed Sajdah, even if other parts of his body may have touched the ground. But, if he places his forehead on the earth, but forgets to keep other parts of his body on the ground, or forgets to utter the Zikr, his Sajdah is in order.

Issue 1058: * It is better in normal situation to say Subahanallah three times, or Subhana Rabbiy al-A'la wa bi hamdhi once. And he should utter these words in succession and in correct Arabic. Actually, as an obligatory precaution, uttering any Zikr to this extent is sufficient. And it isMustahab that Subhana Rabbiyal A'la wa bi hamdhi should be said three, five or seven times, or more.

Issue 1059: * In the Sajdah, the body should be steady, and one should not move or shake oneself purposely, and as a precaution, one should be totally steady in Sajdah even while one is not engaged in any obligatory Zikr.

Issue 1060: If a person intentionally utters the Zikr of Sajdah before his forehead reaches the ground, and his body becomes steady, or if he raises

his head from Sajdah intentionally before the Zikr is completed, his prayers are void.

Issue 1061: * If a person utters the Zikr of Sajdah by mistake, before his forehead reaches the ground and realises his mistake before he raises his head from Sajdah, he should utter the Zikr again, when his body is steady.

Issue 1062: If after raising his head from Sajdah, a person realises that he has done so before the completion of the Zikr of Sajdah, his prayers are in order.

Issue 1063: * If at the time of uttering Zikr of Sajdah, a person intentionally lifts one of his seven limbs from the ground, his Salat will be void. But if he lifts the limbs, other than the forehead, when he is not reciting anything, and then places them back again, there will be no harm, unless that movement renders his body unsteady, in which case, Salat will be void.

Issue 1064: If a person raises his forehead from the ground by mistake, before the completion of the Zikr of Sajdah, he should not place it on the ground again, he should treat it as one Sajdah. However, if he raises other parts of the body from the ground by mistake, he should place them back on the ground and utter the Zikr.

Issue 1065: After the Zikr of the first Sajdah is completed, one should sit till the body is steady, and then perform Sajdah again.

Issue 1066: * The place where a person places his forehead for Sajdah should not be higher than four joined fingers, compared to where he places his knees and the tips of the toes. As a matter of obligatory precaution, the place of his forehead should not be more than four joined fingers lower or higher than the place where he stands.

Issue 1067: * If a person prays on a sloped ground, whose slant may not be known exactly, and if his forehead goes higher or lower than the place where he keeps his knees and tips of the toes by a span of four joined fingers, his Salat will be a matter ofIshkal .

Issue 1068: * If a person places his forehead by mistake, on a thing which is higher than the span of four joined fingers compared to the place where his knees and the toes are, and if it so high that it does not look like a normal Sajdah, he should raise his head and place on a thing which is not as high. And if the height does not change the appearance of the Sajdah, and his attention is drawn to it after completing the obligatory Zikr, he should raise his head and may complete the prayers. But if his attention is drawn to it before the obligatory Zikr, he should gradually push or move his forehead to a lower level, and recite the obligatory Zikr. And if that is not possible, he should recite the obligatory Zikr and complete his prayer. It would not be necessary for him to repeat the prayers.

Issue 1069: * It is necessary that there should be nothing between the forehead of the person offering prayers, and the thing on which he offers Sajdah. If the mohr (sajdagah) is so dirty that the forehead does not reach the mohr itself, the Sajdah is void. But if only the colour of mohr has changed, there is no harm.

Issue 1070: In Sajdah a person offering prayers should place his two palms on the ground. In a state of helplessness, there will be no harm in

placing the back of the hands on the ground, and if even this is not possible, he should, on the basis of precaution, place the wrists of hands on the ground. And if he cannot do even this, he should place any part of the body up to his elbow on the ground, and if even that is not possible it is sufficient to place the arms on the ground.

Issue 1071: * In Sajdah, a person should place his two big toes on the ground, but it is not necessary to place the tips of the toes. If he places the outer or the inner parts of the toes, it will be proper. But if he places, instead other smaller toes on the ground, or the outer part of his feet, or if his big toe does not rest on the ground due to very long nails, his Salat will be void. And if a person does not follow this rule due to ignorance or carelessness, he has to pray again.

Issue 1072: If a part of the big toe is cut off, one should place the remaining part of it on the ground, and if nothing of it has remained or what has remained is too short, he should, on the basis of precaution, place the other toes on the ground, but if he has no toes at all, he should place on the ground whatever part of the foot has remained.

Issue 1073: * If a person performs Sajdah in an unusual manner, like if he rests his chest and stomach on the ground, or stretches his feet, his Salat will be correct and valid if it still appears like a normal Sajdah. But if it appears more like sleeping on one's stomach, rather than a Sajdah, his Salat will be void.

Issue 1074: The mohr (sajdagah) or other thing on which a person performs Sajdah, should be Clean (tahir/pak ). If, he places the mohr on a najis carpet, or if one side of the mohr is najis, and he places his forehead on its Clean (tahir/pak ) part, there is no harm in it.

Issue 1075: * If there is a sore or a wound etc. in the forehead of a person, making him unable to rest his forehead on the ground, and if the sore or the wound has not covered the whole of the forehead, he should perform Sajdah with the unaffected part of the forehead. And if it becomes necessary to dig a hole, or a pit so that the part with the sore or the wound stays there, while the healthy part is on the ground, he should do so.

Issue 1076: * If the sore or the wound has covered the entire forehead, he should perform Sajdah with other parts of his face. As an obligatory precaution, he should perform Sajdah with his chin, and it that is not possible, with one of the two sides of the forehead. When it is not possible to perform Sajdah with the face in any way, he should perform Sajdah by sign.

Issue 1077: * If a person can sit but cannot make his forehead reach the ground, he should bow as much as he can, and should place the mohr or any other allowable thing on something high, and place his forehead on it in such a way that it may be said that he has performed Sajdah. But his palms, his knees, and toes should be on the ground as usual.

Issue 1078: * If a person cannot find something high on which he may place the mohr, or any other allowable thing, and if he cannot find any person who would raise the mohr etc. for him, then as precaution, he should raise it with his hand and do Sajdah on it.

Issue 1079: * If a person cannot perform Sajdah at all, he should make a sign for it with his head, and if he cannot do even that, he should make a sign with his eyes. And if he cannot make a sign even with his eyes he should, on the basis of obligatory precaution, make a sign for Sajdah with his hands etc. and should make a niyyat for Sajdah in his mind, and recite the obligatory Zikr.

Issue 1080: * If the forehead of a person is raised involuntarily from the place of Sajdah, he should not, if possible, allow it to reach the place of Sajdah again, and this will be treated as one Sajdah even if he may not have uttered the Zikr of Sajdah. And if he cannot control his head, and it reaches the place of Sajdah again involuntarily, both of them will be reckoned as one Sajdah, and if he has not uttered the Zikr, as a recommended precaution, he will do so with the niyyat of Qurbat.

Issue 1081: * At a place where a person has to observe taqayyah (concealing one's faith in dangerous situation) he can perform Sajdah on a carpet, or other similar things, and it is not necessary for him to go elsewhere, or delay the prayers so that he is able to pray freely at that place without taqayyah. But if he finds that he can perform Sajdah on a mat, or any other allowed objects, without any impediment, then he should not perform Sajdah on a carpet or things like it.

Issue 1082: If a person performs Sajdah on a mattress filled with feathers, or any other similar thing, his Sajdah will be void if his body cannot remain steady.

Issue 1083: If a person is obliged to offer prayers on a muddy ground, and if no hardship will be caused to him if his body and dress become soiled with mud, he should perform Sajdah and tashahhud as usual. If it is going to prove extremely hard for him, he should make a sign for Sajdah with his head while he is standing, and recite tashahhud in the standing position. His prayers will be in order.

Issue 1084: * The obligatory precaution is that in the first Rak'at and in the third Rak'at, which do not contain tashahhud (like the third Rak'at in Zuhr, Asr and Isha prayers) one should sit for a while after the second Sajdah before rising.

Things on which Sajdah is Allowed

Issue 1085: * Sajdah should be performed on earth, and on those things which are not edible nor worn, and on things which grow from earth (e.g. wood and leaves of trees).

It is not permissible to perform Sajdah on things which are used as food or dress (e.g. wheat, barley and cotton etc.), or on things which are not considered to be parts of the earth (e.g. gold, silver, etc.). And in the situation of helplessness, asphalt and tar will have preference over other non-allowable things.

Issue 1086: * Sajdah should not be performed on the vine leaves, when they are delicate and hence edible. Otherwise, there is no objection.

Issue 1087: It is in order to perform Sajdah on things which grow from the earth, and serve as fodder for animals (e.g. grass, hay etc.).

Issue 1088: * It is in order to perform Sajdah on flowers which are not edible, and also on medicinal herbs which grow from the earth.

Issue 1089: * Performing Sajdah on a grass which is eaten in some parts of the world, but not in the rest, but it is classified as edible, will not be permissible. Similarly, Sajdah on raw fruits is not allowed.

Issue 1090: It is allowed to perform Sajdah on limestone and gypsum, but the recommended precaution is that Sajdah should not be optionally performed on baked gypsum, lime, brick and baked earthenware etc.

Issue 1091: * It is in order to perform Sajdah on paper, if it is manufactured from allowed sources like wood or grass, and also if it is made from cotton or flax. But if it is made from silk etc., Sajdah on it will not be permissible.

Issue 1092: Turbatul Husayn is the best thing for performing Sajdah. After it, there are earth, stone and grass, in order of priority.

Issue 1093: * If a person does not possess anything on which it is allowed to perform Sajdah, or, even if he possesses such a thing, he cannot perform Sajdah on it due to severe heat or cold, he should perform Sajdah on asphalt or tar, and if that is not possible, on his dress or the back of his hand, or on any thing on which it is not permissible to perform Sajdah optionally. However, in such a situation, the recommended precaution is that as long as it is possible to perform Sajdah on his dress he should not do Sajdah on any other thing.

Issue 1094: The Sajdah performed on mud, and on soft clay on which one's forehead cannot rest steadily, is void.

Issue 1095: If the mohr sticks to the forehead in the first Sajdah, it should be removed from the forehead for the second Sajdah.

Issue 1096: * If a thing on which a person performs Sajdah gets lost while he is offering prayers, and he does not possess any other thing on which Sajdah is allowed, he can act as explained in rule 1093, irrespective of whether the time for Salat is limited or ample.

Issue 1097: * If a person realises in the state of Sajdah that he has placed his forehead on a thing on which Sajdah is void, and if he becomes aware of it after completing the obligatory Zikr, he can raise his head and continue with his prayers. But if he becomes aware of it before reciting the obligatory Zikr, he should gradually slide or move his head onto an allowed object, and recite the Zikr. But if that is not possible, he should recite the obligatory Zikr and continue with his Salat. His prayers in both cases will be valid.

Issue 1098: * If a person realises after Sajdah, that he had placed his forehead on a thing which is not permissible for Sajdah, there is no objection.

Issue 1099: It is haraam to perform Sajdah for anyone other than Almighty Allah. Some people place their foreheads on earth before the graves of the holy Imams. If this is done to thank Allah, there is no harm in it, but otherwise it is haraam.

TheMustahab and Makrooh Things in Sajdah

Issue 1100: Certain things areMustahab in Sajdah:

• It isMustahab to say Takbir before going to Sajdah. A person who prays standing, will do so after having stood up from Ruku, and a person who prays sitting will do so after having sat properly.

• While going into Sajdah, a man should first place his hands on the ground, and woman should first place her knees on the ground.

• The person offering prayers should place his nose on a mohr, or on any other thing on which Sajdah is allowed.

• While performing Sajdah, fingers should be kept close to each other, parallel to the ears, with their tips towards Qibla.

• While in Sajdah one should pray to Allah, and express his wishes, and should recite this supplication: Ya Khayral Mas'ulin wa Ya Khayral Mu'tin, Urzuqni warzuq 'Ayali Min Fazlika Fa Innaka Zulfazlil 'Azim - O You Who are the best from whom people seek their needs, and O You, Who are the best bestower of gifts! Give me and the members of my family sustenance with Your grace. Undoubtedly You possess the greatest grace).

• After performing Sajdah, one should sit on his left thigh, placing the instep of the right foot on the sole of the left foot.

• After every Sajdah, when a person has sat down and his body is composed, one should say takbir.

• When his body is steady after the first Sajdah, he should say:”Astaghfirullaha Rabbi wa Atubu Ilayhi”.

• He should say Allahu Akbar for going into second Sajdah, when his body is steady.

• It isMustahab to prolong the Sajdah, and when sitting after the Sajdah, to place one's hands on the thighs.

• He should recite Salawat while in prostrations.

• At the time of rising, he should raise his hands from the ground, after raising his knees.

• Men should not make their elbows and stomach touch the ground; they should keep their arms separated from their sides. And women should place their elbows and stomachs on the ground, and should join their limbs with one another.

• OtherMustahab acts of Sajdah have been mentioned in detailed books.

Issue 1101: * It is Makrooh to recite the holy Qur'an in Sajdah. It is also Makrooh to blow off the dust from the place of Sajdah, and if, by so doing, one utters anything intentionally, the prayers will be, as a precaution, void. Besides these, there are other Makrooh acts, which are given in detailed books.

Obligatory Sajdahs in the Holy Qur'an

Issue 1102: Upon reciting or hearing any of the following verses of the holy Qur'an, the performance of Sajdah becomes obligatory:

• Surah as-Sajdah, 32:15

• Surah Ha Mim Sajdah, 41:38

• Surah an-Najm, 53:62

• Surah al-'Alaq, 96:19

Whenever a person recites the verse or hears it when recited by someone else, he should perform Sajdah immediately when the verse ends, and if he forgets to perform it, he should do it as and when he remembers. If one hears the verse without any expectation, in an involuntary situation, the Sajdah is not obligatory, though it is better to perform it.

Issue 1103: * If a person hears the Sajdah verse, and recites it himself also, he should perform two Sajdahs.

Issue 1104: If a person hears a verse of Sajdah, while he is in Sajdah other than that of Salat, or recites it himself, he should raise his head from that Sajdah, and perform another one.

Issue 1105: * If a person hears the verse of obligatory Sajdah from a person who is asleep, or one who is insane, or from a child who knows nothing of the Qur'an, it will be obligatory upon him to perform Sajdah. But if he hears from a gramophone or a tape recorder, Sajdah will not be obligatory. Similarly, the Sajdah will not beWajib if he listens to a taped recitation from radio. But if there is a person reciting from the radio station, and he recites the verse of Sajdah, it will be obligatory to perform Sajdah.

Issue 1106: * As an obligatory precaution, the place where a person performs an obligatory Sajdah upon hearing the verse, should not be a usurped one, and, as a recommended precaution, the place where he places his forehead, should not be higher or lower than a span of four joined fingers than the place where his knees and tips of the toes rest. However, it is not necessary to be in Wudhu or Ghusl, or to face Qibla, nor is it necessary to conceal one's private parts or to ensure that the body and the place where he has to place his forehead are Clean (tahir/pak ). Moreover, the conditions for dress in Salat do not apply to the performance of these obligatory Sajdah.

Issue 1107: * The obligatory precaution is that in the obligatory Sajdah caused by the Qur'anic verse, a person should place his forehead on a mohr, or any other thing on which Sajdah is allowed, and also one should keep other parts of one's body on the ground, as required in a Sajdah of prayers.

Issue 1108: When a person performs the obligatory Sajdah upon hearing the relevant verse, it will be sufficient even if he does not recite any Zikr. However, it isMustahab to recite Zikr, preferably the following: La ilaha illal lahu haqqan haqqa; La ilaha illal lahu imanan wa tasdiqa; la ilaha illal lahu 'ubudiyyatan wa riqqa; Sajadtu laka ya Rabbi ta'abbudan wa riqqa la mustankifan wa la mustak biran bal ana 'abdun zalilun za'ifun kha'ifun mustajir.

Tashahhud

Issue 1109: * In the second unit of all obligatory prayers, and in the third unit of Maghrib prayers and in the fourth unit of Zuhr, Asr and Isha prayers, one should sit after the second prostration with a tranquil body, and recite tashahhud thus: “Ash hadu an la ilaha illal lahu wahdahu la sharika lah, wa ash hadu anna Muhammadan 'Abduhu wa Rasuluh, Alla humma salli 'ala Muhammadin wa Ali Muhammad”. And it will be sufficient if one recited the tashahhud this way: Ash hadu an la ilaha illal lahu was ash hadu anna Muhammadan Sallal lahu Alayhi Wa Aalihi Abduhu Wa rasuluh.

It is also necessary to recite tashahhud while offering Witr (in Salat al-Shab) prayers.

Issue 1110: The words of tashahhud should be recited in correct Arabic, and in usual succession.

Issue 1111: * If a person forgets tashahhud, and rises and remembers before Ruku, he should sit down to recite it, and then stand up again. He

will then continue with his prayers. After the prayers, it is a recommended precaution that he should perform two Sajda al-Sahv for the additional standing. But if he remembers this in Ruku or thereafter, he should complete the prayers and after the salam of prayers, should, as a recommended precaution, perform the qadha of tashahhud. He should perform two sajdatus sahv for the forgotten tashahhud.

Issue 1112: It isMustahab to sit on the left thigh during tashahhud, and to place the upper part of the right foot on the sole of the left foot and to say: 'Al-hamdu lillah' or 'Bismillahi wa billahi wal-hamdu lillahi wa khayrul asma'i lillah' before reciting tashahhud.

It is alsoMustahab to place one's hands on one's thighs, with joined fingers, and to look at one's laps, and to say this after tashahhud and salawat: Wa taqabbal shafa'atahu warfa' darajatahu.

Issue 1113: It isMustahab for women to keep their thighs close to each other when reciting tashahhud.

Salam in the Prayers

Issue 1114: While a person sits after reciting tashahhud in the last Rak'at, and his body is tranquil, it isMustahab to say: Assalamu 'alayka ayyuhan Nabiyyu wa rahmatullahi wa barakatuh. Then he should say: Assalamu Alaykum and as a recommended precaution add to it Wa Rahmatullahi Wa Barakatuh. Alternatively, he can say: Assalamu Alayna Wa Ala Ibadi llahis Salihin. But if he recites this Salam, then as per obligatory precaution, he must follow it up with saying: Assalamu Alaykum.

Issue 1115: If a person forgets the salam of prayers, and remembers when the form of Salat has not be disrupted, nor has he performed any act, which if done intentionally or forgetfully, invalidates the prayers (e.g. turning away from Qibla), he should recite the salam and his prayers will be valid.

Issue 1116: * If a person forgets the salam of prayers, and remembers after the form of prayers has been disrupted, or after he has performed an act which if done intentionally or forgetfully, invalidates the prayers (e.g. turning away from Qibla), his prayers are in order.

Tartib (Sequence)

Issue 1117: If a person intentionally changes the sequence of the prayers, for example, if he recites the other surah before reciting Surah al-Hamd, or performs the two Sajdah before Ruku, his prayers are void.

Issue 1118: * If a person forgets a rukn (elemental part) of the prayers, and performs the next rukn, like, before performing Ruku if he performs the two Sajdah, his prayers would become void, as a measure of precaution.

Issue 1119: If a person forgets a rukn, and performs an act after it which is not a rukn, like, if he recites tashahhud without performing the two Sajdah, he should perform the rukn and should recite again the part which he performed erroneously, earlier than the rukn.

Issue 1120: If a person forgets a thing which is not a rukn, and performs a rukn which comes after it, like, if he forgets Surah al-Hamd and begins performing Ruku, his prayers is in order.

Issue 1121: If a person forgets an act which is not a rukn, and performs the next act which too, is not a rukn, like, if he forgets Surah al-Hamd and recites the other Surah, he should perform what he has forgotten, and then recite again the thing which he mistakenly recited earlier.

Issue 1122: If a person performs the first Sajdah thinking that it is the second one, or performs the second one under the impression that it is the first Sajdah, his prayer is in order; his first Sajdah will be treated as the first one, and his second Sajdah will be treated as the second one.

Muwalat (Maintenance of Succession)

Issue 1123: A person should maintain continuity during prayers, that is he should perform various acts of prayers, like, Ruku, two Sajdah and tashahhud, in continuous succession, and he should recite the Zikr etc. also in usual succession. If he allows an undue interval between different acts, till it becomes difficult to visualise that he is praying, his prayers will be void.

Issue 1124: If a person in Salat forgetfully allows a gap between letters, or words, and if the gap is not big enough so that the form of the prayers is disrupted, he should repeat those letters or words in the usual manner, provided that he has not proceeded to the ensuing rukn. And he will repeat those lines which were read in continuation. But if he has already got into the ensuing rukn, then his prayers are in order.

Issue 1125: * Prolonging Ruku and Sajdah, or reciting long Surahs, does not break Muwalat.

Qunut

Issue 1126: It isMustahab that qunut be recited in all obligatory andMustahab prayers before the Ruku of the second Rak'at, and it is alsoMustahab that qunut be recited in the Witr (Salat al-Shab) prayers before Ruku, (although that prayer is of one Rak'at only).

In Friday Prayers there is one qunut in every Rak'at. In Salat al-Ayaat, there are five qunut, and in Eid Prayers there are five qunut in the first Rak'at, and four in the second Rak'at. In the prayers of Shafa',which is a part of Salat al-Shab, qunut is to be performed with the niyyat of Raja'.

Issue 1127: It is alsoMustahab that while reciting qunut, a person keeps his hands in front of his face, turning the palms facing the sky, and keeping both, the hands and the fingers, close together. It isMustahab to look at the palms in qunut.

Issue 1128: Any Zikr in qunut is sufficient, even if he says, 'Subhanallah' only once. It is, however, better to make the following supplication: La ilaha illallahul Halimul Karim, La ilaha illallahul 'Aliyyul 'Azim, Subhanallahi Rabbis samawatis sab', wa Rabbil 'arazinas sab', wama fi hinna wama bayna hunna, wa Rabbil 'arshil 'azim, wal hamdu lillahi Rabbil'alamin.

Issue 1129: It isMustahab that qunut is recited loudly. However, if a person is offering prayers in congregation, and if the Imam can hear his voice, it will not beMustahab for him to recite qunut loudly.

Issue 1130: If a person does not recite qunut intentionally, there is no qadha for it. And if he forgets it, and remembers before reaching Ruku, it isMustahab that he should stand up and recite it. And if he remembers while

performing Ruku, it isMustahab that he should perform its qadha after Ruku. And if he remembers it while performing Sajdah, it isMustahab that he should perform its qadha after Salam.


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