Alhassanain(p) Network for Heritage and Islamic Thought

Transactions (Part II of III)

Laws of Partnership

Issue 2150: * If two persons make an agreement that they would trade with the goods jointly owned by them, and would divide the profit between themselves, and if they pronounce a formula declaring partnership, in Arabic or in any other language, or express their intention of becoming each other's partner by conduct, the partnership will be valid.

Issue 2151: * If some persons enter into a partnership to share the wages from their labour, like, if a few barbers or labourers agree mutually that they would divide between themselves whatever wages they earn, that partnership is not in order. But if they enter into a mutual compromise that, say, half of what one earns will be given to the other, for a fixed period, in exchange of half of what the other earns, this transaction will be valid, and thus each will be a partner in the wages of the other.

Issue 2152: * If two persons enter into a partnership, on the terms that each of them would purchase the commodity on his own responsibility, and each would be responsible for the payment of its price, but would share the profit which they earn from that commodity, that partnership is not valid. However, if each of them makes the other his agent, authorising that whatever one purchases on credit, the other will be a partner in it, which means that he and his partner are responsible for the debt, then they will be considered partners in that commodity.

Issue 2153: * The persons who become partners under the rules of partnership, must be adult and sane, and should have intention and free volition for becoming partners. They should also be able to exercise discretion over their properties. Hence, if a feeble-minded person who spends his wealth impudently, enters into partnership, it is not in order, because such a person has no right of disposal over his property.

Issue 2154: * If a condition is laid down in an agreement of partnership, that the partner who manages, or does more work than the other partner, or does more important work than the other, will get larger share of the profit, it is necessary that he should be given his share as agreed upon. Similarly, if it is agreed that the person who does not manage, or does not do more work, or does not do more important work, will get larger share of the profit, that condition is also valid and it must be fulfilled.

Issue 2155: * If it is agreed that the entire profit will be appropriated by one person, or the entire loss will be borne by one of them, that sort of partnership is a matter ofIshkal .

Issue 2156: If it is not agreed that one of the partners will receive more profit, and if the investment of each of them is equal, they must share profit and loss equally. And if their investment is not equal, they should divide the profit and loss in proportion to their capital. For example, if two persons become partners, and the capital of one of them is double the capital of the other, his share in the profit and loss will also be double of the other, irrespective of whether both of them do equal work, or one of them does less work, or does not work at all.

Issue 2157: * If it is laid down in the agreement of partnership, that both the partners will buy and sell together, or each of them will conclude transactions individually, or only one of them will conclude transactions, or a third party will be hired to conclude the transaction, they should act as agreed upon.

Issue 2158: If it is not specified as to which of the partners will buy and sell with the capital, neither of them can conclude any transactions with that capital without the permission of the other.

Issue 2159: * The partner who has been given the right of discretion over the capital, should act according to the agreement of partnership. For example, if it is agreed that he will purchase on credit, or will sell against cash payment, or will purchase the property from a particular place, he should act according to the agreement. However, if no such agreement is made with him, he should conclude transactions in the usual manner, and carry on in such a way that no loss is suffered in the partnership. He should not carry any property belonging to the partnership, with him while he is travelling, if that is unusual.

Issue 2160: * If a partner who transacts business with the capital of the partnership, sells and purchases things contrary to the agreement made with him, or concludes transactions in a manner which is not normal, because of the absence of any agreement, the transaction made by him in both the cases will be correct and valid; but if such a transaction results in a loss, or a part of wealth is squandered, then the partner who has acted against the agreement, or the usual norm, will be responsible for the loss.

Issue 2161: If a partner who trades with the capital of the partnership, does not go beyond the bounds of his authority, nor is he negligent in looking after the capital, yet unexpectedly the entire capital or a part of it perishes, he is not responsible.

Issue 2162: * If a partner who trades with the capital of the partnership, declares that the capital has perished, and if other partners trust him, they should accept his word. But if they do not trust him, they can complain against him before theMujtahid , who will decide the case according to Islamic laws.

Issue 2163: If all the partners withdraw the permission, given by them to one another, for the right of discretion over their respective shares held in partnership, none of them will be allowed the right of discretion over them. And if one of them withdraws the permission accorded by him, the other partners do not have the right of discretion; but one who has withdrawn his permission can exercise his right of discretion over the property of the partnership.

Issue 2164: * If one of the partners demands that the capital invested in the partnership should be divided, others should accept his demand even if the period fixed for the partnership may not have expired yet, except when the division of the capital entails considerable loss to the partners.

Issue 2165: If one of the partners dies, or becomes insane, or unconscious, other partners cannot continue to exercise right of discretion over investment held in the partnership. And the same rule applies when one

of them becomes feeble-minded that is, spends his property without any consideration.

Issue 2166: * If a partner purchases a thing on credit for himself, its profit and loss belongs to him. However, if he purchases it for partnership, and if the agreement allows credit dealings, its profit and loss belongs to both of them.

Issue 2167: * If the partners conclude a transaction with a joint capital investment, and it transpires later that the partnership was invalid, if the validity of the transaction was not dependent on mutual consent, meaning that, if they had known that the partnership was not valid, they would have still been agreeable to having the right of discretion over the property or stock of each other, the transaction will be considered valid, and whatever is gained or lost from the transaction will be shared by them. But if the partners would not have been disposed to agree to exercise discretion over each others' stock or

property had they known that the partnership was not valid, yet they approve the particular transaction, it will be valid - and if they do not, it will be invalid. And in either case, if any partner has worked for the partnership without the previous intention to work gratis, he can collect the wages for his services at the usual rate, considering the percentage of other partners. But if the usual wage is more than his share of dividend, after having agreed to the validity of the transaction, he should take the dividend only.

Orders Regarding Compromise

Issue 2168: * Compromise means that a person agrees to give to another person his own property or a part of the profit gained from it, or waives or forgoes a debt, or some right, and that other person also gives him in return, some property or profit from it, or waives his debt or right in consideration of it; and even if a person gives to another person his property or profit from it, or waives his debt or right without claiming any consideration, the compromise will be in order.

Issue 2169: * It is necessary that the person who gives his property to another person by way of compromise, should be adult and sane, and should have the intention of making compromise, and none should have compelled him to make the compromise, and he should not also be feeble-minded from whom his own wealth is made inaccessible, or a bankrupt who has no right to dispose of his property.

Issue 2170: It is not necessary that a formula of compromise be recited in Arabic. Rather, it is sufficient to convey the intention by uttering any words.

Issue 2171: * If a person gives his sheep to a shepherd so that, for example, he may look after them for one year, and use their milk and give him a quantity of ghee, and in this manner compromise with the shepherd for his labour, and a quantity of ghee against the milk of the sheep, the transaction is valid. Rather, if he gives the sheep to the shepherd for one year on lease, so that he may utilise their milk and give him a quantity of ghee, not necessarily churned from the milk of the leased sheep, this transaction is also in order.

Issue 2172: If a person wants to make a compromise with another person in respect of the debt which he owes, or in respect of his right, the

compromise will be valid only if the opposite person agrees to it. But, if he wants to forgo the debt or right owed to him, the acceptance by the opposite person is not necessary.

Issue 2173: If a debtor knows the amount he owes, but the creditor does not know and makes compromise with the debtor for an amount less than what is owed to him, like, if the creditor has to receive $50 but he unknowingly makes a compromise for $10, the balance of $40 is not halal for the debtor, except that he himself tells the creditor what he actually owes him, and seeks his agreement. Alternatively, the debtor should be sure that even if the creditors had known the exact amount of the debt, he would have still settled for that lesser amount.

Issue 2174: * If two persons owe each other some property, ready or on credit, and they know that one of them is more in quantity or value then the other, they cannot sell their properties in exchange of each other because it will be a transaction involving usury, and similarly, it is haraam to conclude a compromise between them. In fact, if it is not known that one is more in quantity or value than the other, but there is a strong probability, as an obligatory precaution, no compromise should be made.

Issue 2175: * If two persons are the creditors of one or two persons and they, as creditors, wish to settle their debts between themselves, if as previously mentioned, no aspect of interest is involved in the transaction, there will be no objection. For example, if both of them are owed 10 kilos of wheat, one of superior quality and the other inferior, and the debt has become due for payment, the compromise will be in order between the creditors.

Issue 2176: If a person lent something to another for a stipulated period, and now he, as a creditor, wishes to compromise on something lesser in value, with an intention to collect what he gets and forgo the balance, there is no harm in it. This rule applies when the debt consists of gold or silver or another commodity which is sold by weight or by measure. As for other things, however, it is permissible for the creditor to compromise with the debtor, or with someone else for a lower amount, or to sell that debt, as will be explained in note no. 2297.

Issue 2177: If two persons make a compromise in respect of something, they can cancel the compromise with mutual consent. Similarly, if while concluding the agreement one or both of them is given the option to cancel the compromise, the person who possesses that option can cancel the compromise.

Issue 2178: * As long as the buyer and the seller do not leave the place where a transaction was concluded, they can cancel the transaction. Also, if a buyer purchases an animal, he has the right to cancel the transaction within three days. And similarly, if the buyer does not pay within three days for the commodity purchased by him, and does not take delivery of the commodity, the seller can cancel the transaction, as stated in rule no. 2132. However, one who makes a compromise in respect of some property, does not possess the right to cancel the compromise in these three cases. However, if the other party in the compromise makes unusual delay in delivering the property over which the compromise was reached, or if it has been

stipulated that the property will be delivered immediately, and the opposite party does not act according to this condition, the compromise can be cancelled. And similarly, compromise can also be cancelled in other cases which have been mentioned in connection with the rules relating to purchase and sale, except in the case when one of the two parties in compromise has been defrauded, for which the law is not ascertained.

Issue 2179: A compromise can be cancelled if the thing received by means of compromise is defective. However, it is a matter ofIshkal , if the person concerned desires to take the difference of the price between the defective thing and the one without defect.

Issue 2180: If a person makes a compromise with another person with his property and imposes the condition that after his death the other person will, for example, waqf that property, and that person also accepts this condition, he should carry it out.

Rules Regarding Lease/Rent

Issue 2181: * The person who gives something on lease, as well as the person who takes it on lease, should be adult and sane, and should be acting on their free will. It is also necessary that they should have the right of discretion over the property. Hence, a feeble-minded person who does not have the right of disposal or discretion over his property, his leasing out anything or taking anything on lease is not valid. The same applies to a bankrupt person, in the wealth over which he has no right of discretion. Of course, such a person can give himself for hire.

Issue 2182: A person can become the agent of another person and give his property on lease, or take some property on lease, on his behalf.

Issue 2183: * If the guardian of a minor gives his property on lease, or makes him the lessee of another person, there is no harm in it. And if some period after the child's Bulugh is also included in the period of lease, the child can cancel that included part of the lease after his becoming baligh, even if the inclusion of that period after the child's Bulugh was in his interest. But if the inclusion was based on some religious grounds, and excluding it would be against Shariah, and if the leasing was done with the permission of theMujtahid , then the child cannot cancel the lease after becoming baligh.

Issue 2184: A minor child who has no guardian, cannot be hired without the permission of aMujtahid . And if a person does not have access to aMujtahid , he can hire the child after obtaining permission from a M'omin who is 'Adil.

Issue 2185: * It is not necessary for the lessor and the lessee to recite the formula in Arabic. In fact, if the owner says to a person: “I have leased out my property to you”, and the other replies: “I accept it”, the lease contract is in order. Also, if they do not utter any words, and the owner hands over his property to the lessee with the object of leasing it out, and lessee also takes it with the intention of taking it on lease, the lease contract by such conduct is in order.

Issue 2186: If a person wants to be hired for doing some work without reciting the formula, the hire contract will be in order, as soon as he starts doing that work.

Issue 2187: If a dumb person makes it known with signs that he has taken or given a property on lease, the lease contract is in order.

Issue 2188: * If a person takes a house, shop or room on lease, and the owner of the property imposed the condition that only he (the lessee) can utilise it, the lessee cannot sublet it to any other person for his use, except that the new lease is such that its advantage devolves on the lessee himself, like, if a woman takes a house or a room on lease, and later marries, and gives the room or house on lease for her own residence to her husband. And if the owner of the property does not impose any such condition, the lessee can lease it out to another person, but, as a precaution, he should seek the permission of the owner before giving it on lease. And if he wishes to lease it out for a higher amount in cash or kind, he can do so, if he has carried out some work on it, like, white washing or renovation, or if he has suffered some expenses in looking after the property.

Issue 2189: * If a person who is hired on wages, lays down a condition that he will work for the hirer only, he (the hirer) cannot lease out his service to another person, except in the manner mentioned in the foregoing rule. And if the hired person does not lay down any such condition, the hirer can lease out his services to another, but he cannot charge more than the agreed wage for the hired person. Similarly, if he himself accepts employment and then hires someone to do the task, he cannot pay him less than what he will receive himself, unless he joins that hired person in completing some of his work.

Issue 2190: * If a person takes or hires something other than a house, a shop, a room a ship, and a hired person, say, he hires a land on lease, and its owner does not lay down the condition that only he himself can utilise it, and if the lessee leases it out to another person on a higher rent, it will be a matter ofIshkal .

Issue 2191: If a person takes for example, a house or a shop on lease for one year, on a rent of one hundred rupees, and uses half portion of it himself, he can lease out the remaining half for one hundred rupees. However, if he wishes to lease out the half portion on a rent higher than that on which he has taken the house, or shop on lease, like, if he wishes to lease it out for hundred and twenty rupees, he can do it only if he has carried out repairs etc. in it.

Conditions Regarding the Property Given on Lease

Issue 2192: * The property which is given on lease, should fulfil certain conditions:

(i) It should be specific. Hence, if a person says to another: “I have given you one of my houses on lease”, it is not in order.

(ii) The person taking the property on lease should see it, or the lessor should give its particulars in a manner which gives full information about it.

(iii) It should be possible to deliver it. Hence, leasing out a horse which has run away, and the hirer can not possess it, will be void. However, if the hirer can manage to get it, the lease will be valid.

(iv) Utilisation of the property should not be by way of its destruction or consumption. Hence, it is not correct to give bread, fruits and other edibles on lease for the purpose of eating.

(v) It should be possible to utilise the property for the purpose for which it is given on lease. Hence, it is not correct to give a piece of land on lease for farming, when it does not get sufficient rain water, and is also not irrigated by canal water.

(vi) The thing which a person gives on lease should be his own property, and if he gives the property of another person on lease, it will be correct only if its owner agrees to it.

Issue 2193: It is permissible to give a tree on lease for utilising its fruit, although fruit may not have appeared on it yet. The same rule applies if an animal is given on lease for its milk.

Issue 2194: A woman can be hired for her milk, and it is not necessary for her to obtain her husband's permission. However, if her husband's right suffers owing to her giving milk (to the child of another person), she cannot take up the job without his permission.

Conditions for the Utilisation of the Property Given on Lease

Issue 2195: * The utilisation of the property given on lease carries four conditions:

(i) That it should be halal. Hence, leasing out a shop for the sale or storage of Alcoholic drinks, or providing transportation by leasing for it, is void.

(ii) That doing the act or giving that service free of charge should not be obligatory in the eyes of Shariah. Therefore, as a precaution, it is not permissible to receive wages for teaching the rules of halal and haraam, or for the last ritual services to the dead, like washing it, shrouding etc. And as a precaution, money should not be paid in lieu of any services which is deemed futile.

(iii) If the thing which is being leased out can be put to several uses, then the use permissible to the lessee should be specified. For example, if an animal, which can be used for riding or for carrying a load is given on hire, it should be specified at the time of concluding the lease contract, whether the lessee may use it for riding or for carrying a load, or may use it for all other purposes.

(iv) The nature and extent of utilisation should be specified. In the case of hiring a house or a shop, it can be done by fixing the period, and in the case of labour, like that of a tailor, it can be specified that he will sew and stitch a particular dress in a particular fashion.

Issue 2196: If the time of commencement of a lease is not fixed, it will be reckoned to have commenced after the recitation of the formula of lease.

Issue 2197: If, for example, a house is leased out for one year, and it is stipulated that the period of lease will commence one month after the recitation of the formula, the lease contract is in order, even if the house had been leased out to another person at the time of reciting the formula.

Issue 2198: If the period of lease is not specified, and the lessor says to the lessee: “At any time you stay in the house you will have to pay rent at the rate of $10 per month”, the lease contract is not in order.

Issue 2199: If the owner of a house says to the lessee: “I have leased out this house to you for £10 per month” or says: “I hereby lease out this house to you for one month on a rent of $10, and as long as you stay in it thereafter

the rent will be $10 per month”, if the time of the commencement of the period of lease was specified or it was known the lease for the first month will be proper.

Issue 2200: If travellers and pilgrims stay in a house not knowing how long they will stay there, and if they settle with the landlord that they will, for example, pay $1 per night as rent, and the landlord also agrees to it, there is no harm in using that house. However, as the period of lease has not been specified, the lease will not be proper except for the first night, and after the first night the landlord can eject them as and when he so wishes.

Miscellaneous Rules Relating to Lease/Rent

Issue 2201: The property which the lessor gives on lease should be identified. Hence if it is one of the things whose transaction is made by weight (e.g. wheat), its weight should be specified. And if it is one of those things whose transaction is made by counting (e.g. currency coins), the amount should be specified. And if it is like a horse or a sheep, the lessor should have a sight of it, or the lesser should inform him of its particulars.

Issue 2202: * If land is given on lease for farming, and the produce of that very land which does not presently exist, is treated as its rent, the lease contract will not be valid. And the same applies if he assumes a general responsibility to pay the rent on the condition that it will be paid from the harvest. But if the source from which rent will be paid exists, there is no objection.

Issue 2203: * If a person has leased out something, he cannot claim its rent until he has delivered it. And if a person is hired to perform an act, he cannot claim wages until he has performed that act, except in the cases where advance payment of wages is an accepted norm, like Niyabat for Hajj.

Issue 2204: If a lessor delivers the leased property, the lessee should pay the rent, even if he may not take the delivery, or may take its delivery but may not utilise it till the end of the period of lease.

Issue 2205: If a person agrees to perform a task on a particular day against wages, and appears on that day to perform the task, the person who has hired him should pay him the wages, even if he may not assign that task to him. For example, if a tailor is hired to sew a dress on a particular day, and he appears to do the work, the hirer should pay him the wages even if he may not provide him with the cloth to sew, irrespective of whether the tailor remains without work on that day or alternatively does his own or somebody else's work.

Issue 2206: If it transpires after the expiry of the period of lease, that the lease contract was void, the lessee should give the usual rent of that thing to the owner of the property. For example, if a person takes a house on lease for one year on a rent of $100, and learns later that the lease contract was void, and if the normal current rent of the house is $50, he should pay $50. And if its normal current rent is $200, and the person who leased it out was its owner, or his agent, and was aware of the current rate of rental, it is not necessary for the lessee to give him more than $100. But if a person other than these gave it on lease, the lessee should pay $200. And the same order

applies, if it is known during the period of lease, that the lease contract is void in relation to the outstanding rent for the past period.

Issue 2207: * If a thing taken by a person on lease is lost, and if he has not been negligent in looking after it nor extravagant in its use, he is not responsible for the loss. Also, if, for example, a cloth given to a tailor is damaged or destroyed, when the tailor has not been extravagant, and has also not shown negligence in taking care of it, he need not make any replacement.

Issue 2208: If an artisan loses the thing taken by him, he is responsible for it.

Issue 2209: If a butcher cuts off the head of an animal, and makes it haraam, he must pay its price to its owner, regardless of whether he charged for slaughtering the animal or did it gratis.

Issue 2210: If a person takes an animal on hire, and specifies as to how much he will load on it, and if he puts a heavier load on it, and as a result, the animal dies or becomes defective, he is responsible for it. And even if the quantity of the load is not specified, and he puts an unusually heavier load on it with the result that the animal dies or becomes defective, the person concerned is responsible. And in both the cases, he must pay extra rent than is usual.

Issue 2211: * If a person gives an animal on hire so that fragile goods may be loaded on it, and the animal slips or trots and breaks the things, the owner of the animal is not responsible for it. However, if the owner beats the animal severely, or does something like it, as a result of which the animal falls down on the ground, and breaks the goods he (the owner of the animal) is responsible.

Issue 2212: * If a person circumcises a child, and as a consequence of it the child dies, or is injured, the person who circumcises is responsible if he has been careless or made a mistake, like having cut the flesh more than usual. However, if he was not careless, or did not make any mistake, and the child dies due to circumcision, or sustains an injury, he will not be responsible, provided that, he had not been consulted earlier about the possible injury, nor was he aware that the child would be injured.

Issue 2213: * If a doctor gives medicines to a patient with his own hands, or prescribes a medicine for him, and if the patient sustains harm or dies because of taking that medicine, the doctor is responsible, even if he had not been careless in treating the patient.

Issue 2214: * If a doctor tells a patient: “If you sustain harm I am not responsible” and then exercises due precaution and care in the treatment, but the patient sustains harm or dies, the doctor is not responsible.

Issue 2215: The lessee and the lessor can cancel the lease contract with mutual consent. Also if a condition was laid down in the lease contract that one or both of them would have the option to cancel the contract, they can cancel the contract as agreed.

Issue 2216: * If the lessor or the lessee realises that he has been cheated, if he did not notice at the time of making the lease contract that he was being cheated, he can cancel the lease contract. However, if a condition is

laid down in the contract of lease, that even if the parties are cheated, they will not be entitled to cancel the contract, they cannot cancel it.

Issue 2217: If a person gives something on lease, and before he delivers it to the other party, it is usurped, the lessee can cancel the lease contract and take back whatever he has given to the lessor, or he may not cancel the lease contract, and take from the usurper rent at the usual rate, for the period the thing remained in his possession. Therefore, if a person takes an animal on lease for one month for $10, and someone usurps if for ten days, and the usual rent for ten days is $15, the lessee can take $15 from the usurper.

Issue 2218: * If a lessee hires something and someone prevents him from taking its delivery, or usurps it from him, after he has taken the possession, or prevents him from using it, he cannot cancel the lease. He is entitled only to take rent of that thing from the usurper at the usual rate.

Issue 2219: If the lessor sells the property to the lessee before the expiry of the period of lease, the lease contract does not get cancelled, and the lessee should give the rent of the property to the lessor. The same rule will apply if the lessor sells the leased property to someone else.

Issue 2220: * If before the commencement of the period of lease, the leased property gets so impaired that it cannot be utilised in the manner agreed upon, the lease contract becomes void, and the money paid by the lessee will revert back to him. And if it is possible to utilise the property partly, the lessee can cancel the lease contract.

Issue 2221: * If a person takes something on lease, and during the period of lease it becomes so impaired that it is not fit for the required use, the remaining lease contract will be void, and the lessee can cancel the lease for the past period also. And for that period, he may pay usual rent.

Issue 2222: * If a person leases out a house which has, for example, two rooms, and one of those rooms is ruined and he gets it repaired, but it does not match the standard of the previous room, the rule mentioned in 2221, will apply in this case also. But if it is repaired by the hirer at once, and its use does not get interrupted, then the lease does not become void, and the lessee cannot cancel the lease. However, if the repair takes too long, and its use is interrupted, then the lease will be invalid for that much period, and in this case, the lessee can cancel the whole lease, and in exchange of whatever use he may have made, he should pay a usual rent.

Issue 2223: * If the lessor or the lessee dies, the lease contract does not become void. But if the house is not the property of the lessor - for example, another person made a will that as long as he (the lessor) is alive, the income derived from the house will be his property, and if he gives that house on lease, and dies before the expiry of the lease period, the lease contract becomes void from the time of his death. It can become valid again if the owner of the house endorses the contract, and the rent for the remaining period of lease, after the death of the lessor, will accrue to the present owner.

Issue 2224: * If an employer appoints a contractor to recruit labourers for him, and if the contractor pays the labourers less than what he receives for them from the employer, the excess he keeps is haraam for him, and he should return it to the employer. And if the contractor is given a full contract

by the employer, to complete a building, and is authorised to either construct it himself or give a sub-contract to another party, if he joins with the other party in doing some work, and then entrusting him to do the remaining work against lower payment than what he has collected from the employer, the surplus with him will be halal for him.

Issue 2225: If a person who dyes the clothes, agrees to dye a cloth with indigo, he has no right to claim any charges if he dyes it with something else.

Rules Regarding Ju'ala (Payment of Reward)

Issue 2226: * Ju'ala means that a person promises that if a particular work is completed for him, he will give a specified amount for it. For example, he declares that if anyone recovers his lost property, he will give him $10. One who makes such a declaration is called Ja'il, and the person who carries out that work is called 'Amil. One of the differences between Ju'ala and Ijara (hire) is that, in the case of “hire”, the hired person is bound to do the job after the agreement, and the hirer becomes indebted to the hired person for his wages, whereas in the case of Ju'ala, the person who agrees to do the job is at liberty to abandon it if he so wishes; and until he completes the job assigned, the person who declared the reward or payment does not become indebted to him.

Issue 2227: * A person who declares the payment or reward should be adult and sane, and should have made it with his free will and intention, and should have the right of disposal and discretion over his property. Therefore, the declaration by a feeble minded person who squanders his property indiscreetly is not in order. Similarly, a bankrupt cannot declare any reward or payment from that part of wealth over which he has not right of discretion.

Issue 2228: * The task for which the declaration was made by the employer should not be haraam, futile, or one of those obligatory acts which should necessarily be performed free according to Shariah. Hence, if a person declares that he will give $10 to a person who drinks alcohol, or traverses a dark passage at night without any sensible purpose, or offers his obligatory prayers, the employment will not be in order.

Issue 2229: * It is not necessary for the employer for Ju'ala to specify the reward he would give with all its particulars. If the employee, in this case, is certain that he would not be taken for a stupid or foolish person if he undertook the assignment, it is sufficient. For example, if the employer in Ju'ala tells a person that if he sells a particular stock or goods for more than, say, ten dollars, whatever is the excess will be his. This form of Ju'ala is valid. Similarly, if he says that who soever finds his horse, that person will own half of it, or that person will be awarded ten kilos of wheat, Ju'ala will be in order.

Issue 2230: * If a person does not at all mention the amount of reward which he would give for his work - for example, if he says: “I shall give money to the person who finds out my son”, and does not specify the amount of money, and if some one performs the task, he should pay him according to what is customarily paid for such tasks.

Issue 2231: If the employee in Ju'ala performs the task before the agreement is made, or performs it after the agreement, but with the intention that he will not take any money, he is not entitled to demand wages.

Issue 2232: The person who makes a Ju'ala agreement can cancel it before the person employed starts to work.

Issue 2233: If the person wishes to cancel the Ju'ala agreement after the employee has started work, it is a matter ofIshkal .

Issue 2234: * A person appointed to work in Ju'ala can leave the task incomplete. However, if his failure to complete the task causes harm to the person who appointed him, he must complete it. For example, if a person says: “If someone operates upon my eye I shall give him so much money” and a surgeon commences the operation. If by not completing the operation, the eye will be defective, he must complete it. And if he leaves it half way, he has no claim, whatsoever, over the person who employed him.

Rules Regarding Muzari'ah (Temporary Sharecropping Contract)

Issue 2236: * One of the many types of Muzari'ah means that the owner of a land agrees to hand over his land to a farmer, so that he would cultivate it, and give a share of the crop to the landowner.

Issue 2237: * Muzari'ah has certain conditions:

(i) That the owner of land confirms to the farmer that he has given him the land for farming, and the farmer also asserts that he has accepted it. Alternatively, without their uttering anything, the owner of the land keeps the land at the farmer's disposal with the intention that he would do farming in it, and the farmer accepts it.

(ii) Both the owner of the land and the farmer should be adult and sane, and should conclude the agreement of Muzari'ah with their intention and free will. They should also not be feeble minded persons, who squander their wealth on useless things. Similarly, the owner of the land should not be a bankrupt person. But if the agreement in which he enters with the farmer does not in any way involve any property over which the bankrupt person has no right of discretion, then there will be no objection.

(iii) As a precaution, the owner and the farmer should each share the entire produce of the land. But this condition does not appear to be necessary. Hence, if they, for example, agree to the condition that the harvest in the first half or at the end, will belong to one of them, the agreement of Muzari'ah will be valid.

(iv) The share of each of them should be fixed, like, 1/2 or 1/3 etc. of the crop. If no share is fixed, and the owner of the land simply says: “Cultivate this land and give me whatever you like”, it will not be in order. Similarly, if instead of fixing a share, a fixed quantity of the crop is offered for the farmer or the landowner, the Muzari'ah will not be valid.

(v) The period for which the land is to remain in possession of the farmer should be specified, and it is necessary that the period should be long enough to make a harvest possible from the land. And if this period is made to commence from a specified day, and to end with the harvest time, it will be sufficient.

(vi) The land should be arable, and if it is barren but can be made fit for farming by some improvements being done on it, the contract of muzari'ah is in order.

(vii) If the farmer is supposed to sow seeds for a particular crop, then that crop must be specified. For example, it must be specified whether it will be rice or wheat, and if it is rice, for example, which type of rice will be sown. However, if they do not have any particular crop in view, or the crop which both of them have in view is known, it is not necessary that they should define it.

(viii) The owner should specify the land, if he has several tracts of land which differ from one another in their requirements. But if they do not differ in their requirements, it is not necessary to specify. For example, if he tells the farmer to till and cultivate any of those lands, without specifying any one, muzari'ah will be valid.

(ix) The expenses which each of them will incur should be specified. However, if the expenditure which each of them should incur is known, it is not necessary to declare it.

Issue 2238: * If the owner settles with the farmer that a certain quantity of the crop will belong to one of them, and the remaining quantity will be divided between them, that muzari'ah is void, even if they know that something will remain after deducting that quantity. Of course, if they agree between themselves that some of the seeds sown, or the tax payable to the government, will be deducted from the harvest, and the rest will be divided between them, this muzari'ah is in order.

Issue 2239: * If the agreed period of muzari'ah (tenancy) comes to end, and the usual crop is not obtained, there will be no objection if the owner of the land agrees that the crop may remain on his land on payment of rent, or without it, and if the farmer is also agreeable to it, provided that, both of them had agreed at the time of fixing that muzari'ah will end regardless of any crop becoming available. But if the owner does not agree to such an arrangement, he can ask the farmer to remove the crop from there. And if the farmer sustains a loss by removing the crop, it will not be necessary for the owner to compensate the farmer for it. And the farmer who is willing to pay something to the owner, to allow the crop to stand on his land, cannot compel him to agree.

Issue 2240: * If farming becomes impossible on the land due to some eventuality, for example, if water supply is cut off from the land - the contract of muzari'ah is annulled. But if the farmer does not cultivate the land without any justifiable excuse, while the land remains in his occupation, and the owner has no discretion over it, he should pay the rent for that period to the owner at the usual rate.

Issue 2241: * The owner of land and the farmer cannot cancel the contract of muzari'ah without the consent of each other, unless they had agreed in the contract to grant that option to one or both of them. In that case, they will cancel the contract according to the conditions laid in the agreement. Similarly, if any one of them acts contrary to the agreed conditions of the contracts, the other party in the contract will have the right to cancel the transaction.

Issue 2242: * If the landowner or the farmer dies after concluding the contract of muzari'ah, the contract is not terminated, and their heirs take their place. However, if the farmer dies, and if they had stipulated that the farmer himself would do the farming, the contract of muzari'ah will become cancelled. But if the farmer had completed his task, and fulfilled his assignment, then the muzari'ah will remain valid, and the heirs will be given his share together with all his rights or accruals which were due to him. However, the heirs cannot compel the landowner to allow the crop to stand on his land.

Issue 2243: * If it becomes known after cultivation, that the contract of muzari'ah had been void, and if the seeds have been the property of the landowner, the produce will belong to him and he will pay the farmer his wages and the expenses incurred by him, and the rent for the cow and other animals belonging to the farmer, which may have worked on the farm. And if the seeds were the property of the farmer, the crop will belong to him, and he should pay the landowner the rent of the land and the expenses incurred by him, and rent for the cow and other animals belonging to the landowner which may have worked on the farm. And in both the cases, it will be obligatory to pay the agreed amount only, even if the other party is aware that the usual entitlement is more than that.

Issue 2244: * If the seeds belong to the farmer, and if it becomes known after cultivation that the contract of muzari'ah had been void, there will be no objection if the landowner and the farmer agree that the crop may remain on the land against payment or otherwise. Some Fuqaha have said that if the landowner is not agreeable, he can ask the farmer to remove the crop from the land, even before it is ready, and that even if the farmer is willing to pay something to the landowner, he cannot compel him to allow the crop to remain on his land. But this is not free fromIshkal . And in any case, the landowner cannot compel the farmer to pay rent and let the crop remain on his land, or even without any rent.

Issue 2245: * If roots of the crop remain in the land after harvesting the crop, and if after the expiry of the contract of muzari'ah they grow again in the next year, if the landowner had not made an agreement with the farmer regarding his share in the remaining roots, the crop of the second year will belong to the landowner.

Doubts in the Prayers

There are 22 kinds of doubts which one can have while praying. Out of these, 7 doubts are those which invalidate the prayers, and 6 are those which should be ignored. And the remaining 9 doubts are valid doubts.

Doubts Which Make Prayers Void

Issue 1174: * The following doubts make prayers void:

• Doubts about the number of Rak'ats occurring in obligatory prayers which consist of 2 Rak'ats, like, Fajr prayers, or prayers offered by a traveller. However, doubt about number of Rak'ats inMustahab prayers or Salat of Ihteyat does not make the prayers void.

• Doubts about the number of Rak'ats occurring in prayers consisting of 3 Rak'ats, that is, Maghrib prayers.

• Doubt occurring in prayers of 4 Rak'ats as to whether one has performed one Rak'at or more.

• Doubt in prayers of 4 Rak'ats before going to the second Sajdah, as to whether he has performed 2 Rak'ats or more.

• Doubts between 2 and 5 Rak'ats or between 2 and more than 5 Rak'ats.

• Doubts between 3 and 6 Rak'ats or between 3 and more than 6 Rak'ats.

• Doubt between 4 and 6 Rak'ats or between 4 and more than 6 Rak'ats, with the details which will come later.

Issue 1175: If a person has one of those doubts which makes prayers void, it is better for him to break the prayers if the doubt persists. In fact, he should prolong thinking about it so that the form of Salat changes, or till he loses all hope to ascertain the situation.

Doubts Which May Be Ignored

Issue 1176: The following doubts should be ignored:

• Doubt about an act whose time of performance has already passed, like, during Ruku a person doubts as to whether he did or did not recite Surah al-Hamd,

• Doubt occurring after the Salam of prayers,

• Doubt after the time of prayers has already passed,

• Doubt of a person, who doubts too much,

• Doubt by the Imam (one who leads the congregation prayers) about the number of Rak'ats when the ma'mum (follower) is aware of the number, and similarly the doubts of the ma'mum when the Imam knows the number of Rak'ats,

• Doubt which occurs inMustahab prayers and Salat of Ihteyat.

I. Doubts About an Act Whose Time of Performance has Passed

Issue 1177: * If a person doubts while offering prayers as to whether or not he has performed a particular obligatory act, like, if he doubts whether or not he has recited Surah al-Hamd, and if he has engaged himself in the next act, which he would not have intentionally performed in a normal circumstance, like reading the next Surah, he should ignore the doubt. But in a situation other than this, he should perform the act about which he doubts.

Issue 1178: If a person doubts while reciting a verse, whether or not he has recited the preceding verse, or doubts while reciting the end part of a

verse, whether or not he has recited its beginning, he should ignore his doubt.

Issue 1179: If a person doubts after Ruku or Sajdah, whether or not he has performed its obligatory parts, like Zikr and steadiness of the body, he should ignore his doubt.

Issue 1180: * If, while going into Sajdah, a person doubts whether or not he has performed Ruku, or if he doubts whether he stood up after Ruku or not, he should ignore the doubt.

Issue 1181: * If a person doubts while rising to stand, whether or not he has performed Sajdah or tashahhud, he should ignore the doubt.

Issue 1182: If a person, who is offering prayers sitting or lying, doubts at the time of reciting Surah al-Hamd or Tasbihat Arba'ah, whether or not he has performed Sajdah or tashahhud, he should ignore his doubt. And if the doubt occurs before reciting Surah al-Hamd or Tasbihat Arba'ah, he should perform them.

Issue 1183: * If a person doubts whether or not he has performed one of the Rukn of prayers, and if he has not yet engaged himself in the next act, he should perform it. For example, if he doubts before reciting tashahhud, whether or not he has performed two Sajdah, he should perform them. And if he remembers later that he had already performed that Rukn, as an obligatory precaution,his prayers will become void because of additional Rukn.

Issue 1184: If a person doubts whether or not he has performed an act which is not a Rukn of Salat, and if he has not engaged himself in the following act, he should perform it. For example, if he doubts before reciting the other Surah, whether or not he has recited Surah al-Hamd, he should recite Hamd. And if he remembers after reciting Hamd that he had already recited it, his prayers will be in order, because a Rukn has not been added.

Issue 1185: * If a person doubts whether or not he has performed a Rukn, like, while in tashahhud, he doubts whether or not he has performed two Sajdah, and ignores his doubt, but remembers later that he had actually not performed that Rukn, he should perform it if he has not entered into the next Rukn. However, if he has engaged himself in the next Rukn, his prayer is void. For example, if he remembers before Ruku of the next Rak'at, that he had not performed two Sajdah, he should perform them, and if he remembers this during Ruku or thereafter, his prayers are void.

Issue 1186: If a person doubts whether or not he has performed an act which is not a Rukn, and if he is engaged in the next act, he should ignore his doubt. For example, if he doubts while reciting the other Surah, whether or not he has recited Surah al-Hamd, he should ignore his doubt. And if he remembers later that he had actually not performed that act, he should perform it, if he has not entered into the next Rukn, and if he has entered the next Rukn, his prayers are in order. Based on this, if he remembers in qunut that he has not recited Surah al-Hamd he should recite it, and if he remembers it in Ruku, his prayers are in order.

Issue 1187: * If a person doubts whether or not he has said Salam of prayers when he is engaged in supplications or other Salat, or when the

form of Salat has already changed, he should ignore his doubt. And if he doubts before these acts, he should say Salam. And if he doubts at any stage, whether he recited the Salam correctly or not, he should ignore that doubt.

II. Doubt After the Salam

Issue 1188: If a person becomes doubtful after the Salam of prayers, as to whether or not he has offered the prayers correctly, like, if he doubts whether or not he has performed the Ruku, or doubts in a 4 Rak'at prayers as to whether he has performed 4 or 5 Rak'ats, he should ignore his doubt. But if both sides of the doubt lead to invalidity of the prayers like, if he doubts in 4 Rak'at prayers whether he has performed 3 or 5 Raka'ts, his prayers would be void.

III. Doubt After the Time of Salat has passed

Issue 1189: If a person doubts, after the time for prayers has already passed, as to whether he has offered the prayers or not, or if he suspects that he may not have offered it, it is not necessary for him to offer that prayers. If, however, he doubts before the expiry of the time for that prayers, as to whether or not he has offered it, he should offer it, even if he has a feeling that he might have done so.

Issue 1190: If a person doubts after the time for prayers has passed, whether or not he has offered the prayers correctly, he should ignore his doubt.

Issue 1191: * If, after the time for Zuhr and Asr prayers has passed, a person knows that he has offered 4 Rak'ats, but does not know whether it was with the intention of Zuhr prayers or Asr prayers, he should, offer 4 Rak'ats of qadha prayers, with the niyyat that he is praying that which is obligatory upon him.

Issue 1192: If after the time for Maghrib and Isha prayers has elapsed, a person knows that he has offered one prayer, but does not know whether it was of 3 or 4 Rak'ats, he should offer qadha of Maghrib and Isha prayers.

IV. One Who Doubts Too Much

Issue 1193: * Kathirush shak is a person who doubts quite often, meaning that he doubts more than a normal person does, due to an unsettled mind or whims. A normal person who doubts at least once in every three prayers, should ignore his doubts.

Issue 1194: If a person with such an obsession doubts about having performed any part of prayers, he should decide that he has performed it. For example, if he doubts whether he has performed Ruku, he should say that he has performed it. And if he doubts about having performed an act which invalidate prayers, like, if he doubts whether in the Fajr prayers he has offered 2 or 3 Rak'ats, he should consider that he has offered the prayers properly.

Issue 1195: * If a person frequently doubts about a particular act of prayers, then doubts occurring about other acts of prayers, should be dealt with according to their prescribed rules. For example, if a person who frequently doubts about having performed Sajdah, doubts about having

performed Ruku, he should act according to the rules relating to it, that is, if he has not performed Sajdah, he should perform Ruku, and if he has already performed Sajdah, he should ignore his doubt.

Issue 1196: If a person frequently doubts in a particular prayer like, Salat of Zuhr, and if he has a doubt in the prayers of Asr, he should act according to the rules of doubts.

Issue 1197: If a person, who doubts more only when he offers prayers at a particular place, becomes subjected to doubts at another place of prayers, he should act according to the rules of doubts.

Issue 1198: A person who doubts whether he has become one of those who doubt too much (Kathirush shak), he should act according to the normal rules relating to doubts. And as long as a Kathirush shak person is not sure that he has returned to the normal condition, he should ignore his doubt.

Issue 1199: * If a Kathirush shak person doubts whether he has performed a Rukn or not, and ignores his doubts, but remembers later that he had actually not performed it, he should perform it, if he has not gone into next Rukn. And if he has commenced the next Rukn, his prayer, as a precaution is void. For example, if he doubts whether he has performed Ruku or not, and ignores his doubt, but remembers before the second Sajdah that he has not performed Ruku, he should return and perform Ruku, but if he remembers it in the second Sajdah, his prayer, as a precaution is void.

Issue 1200: If a Kathirush shak person doubts whether he has performed an act which is not a Rukn, and ignores his doubt and remembers later that he has not performed it, and the stage of its performance has not passed, he should perform it, and if he has passed its stage, his prayer is in order. For example, if he doubts whether he has recited Hamd, he should recite it. But if he remembers after having gone to Ruku, his Salat will be in order.

Issue 1201: If an Imam who is leading a congregational prayer, doubts about the number of Rak'ats, like, if he doubts whether he has performed three or four Rak'ats, he will follow the indication given by the follower who is certain about the numbers. If he indicates that it is the fourth, Imam will accept it and complete the prayers. Similarly, if the Imam is sure about the number of Rak'ats, and the follower has a doubt, he should ignore his doubt.

V. Doubt inMustahab Prayers

Issue 1202: If a person doubts about the number of Rak'ats in aMustahab prayer and if the higher side makes the prayers void, he should decide on the lesser side of the doubt. For example, if he doubts whether he has performed 2 Rak'ats or 3 in Nafilah of Fajr prayers, he should decide that he has performed 2 Rak'ats. But if the higher side does not invalidate the prayers, like, if he doubts whether he has performed 2 Rak'ats or 1, he is free to decide either way, and his prayers will be valid.

Issue 1203: Omission of a Rukn invalidates Nafilah (Mustahab prayers), but addition of a Rukn does not invalidate it. Hence, if the person offering Nafilah prayers forgets to perform any part, and remembers when he has entered into another Rukn, he should return to perform the forgotten part

and then re-enter the Rukn. For example, if he remembers during Ruku that he has not recited Surah al-Hamd, he should return to recite Surah al-Hamd, and then go into Ruku again.

Issue 1204: If a person doubts whether he has performed any Rukn or non-Rukn part of Nafilah prayers, he should perform it if its stage has not passed, and if it has, then he should ignore the doubt.

Issue 1205: * If in aMustahab prayer of two Rak'ats, a person suspects that he has offered 3 Rak'ats or more, he should ignore his doubt, and his prayers are in order. If, he suspects that he has offered 2 Rak'ats or less, then as an obligatory precaution, he should pay heed to that suspicion. For example, if he suspects that he has performed one Rak'at only, as a precaution, he will perform another Rak'at.

Issue 1206: * If a person in Nafilah prayers performs an act which, if he had performed in an obligatory prayers, it would have been necessary for him to do Sajdatus Sahv, or if he forgets one Sajdah, it will not be necessary to perform Sajdatus Sahv, or give qadha for the Sajdah, after the Nafilah is over.

Issue 1207: If a person doubts whether he has offered a particularMustahab prayer or not, and if that prayer does not have a fixed time, like, the prayers of Ja'far Tayyar, he should decide that he has not offered it. The position is the same if that prayer has a fixed time, like Nafilah of daily prayers, and a person doubts before its time lapses, whether he has offered it or not. However, if he doubts after its time has gone, he should ignore his doubt.

Doubts Which Are Valid

Issue 1208: * There are nine situations in which a person can have doubts about the number of Rak'ats in the Salat consisting of four Rak'ats. In those situations, one should pause to think, and if he arrives at any decision or probability, he should act accordingly. If doubt persists, he should follow these rules:

(i) After the second Sajdah, if a person doubts whether he has performed 2 Rak'ats or 3, he should assume that he has performed 3 Rak'ats, and finish the prayers after performing one more Rak'at. And after finishing the prayers he should offer, as an obligatory precaution, 1 Rak'at of Salat al-Ihtiyat , standing.

(ii) If after the second Sajdah, a person doubts whether he has performed 2 or 4 Rak'ats, he should decide that he has performed 4 Rak'ats and finish his prayers. He should then stand up to offer 2 Rak'ats of Salat al-Ihtiyat .

(iii) If a person doubts, after the second Sajdah, whether he has performed 2, 3 or 4 Rak'ats, he should decide that he has performed 4 Rak'ats. After completing the prayers, he should perform 2 Rak'ats of Salat al-Ihtiyat standing, and 2 Rak'ats in the sitting position.

(iv) If a person doubts after the second Sajdah, as to whether he has performed 4 or 5 Rak'ats, he should decide that he has performed 4 Rak'ats and finish his prayers. After that he should perform two sajdatus sahv. And this rule applies to every situation of doubt between four and more Rak'ats, like, if one doubts whether he has prayed four or six Rak'ats. And there can be a situation where at one single time, one doubts whether he has

performed less than four or more than four Rak'ats. If this doubt occurs after the second Sajdah, he will in each doubt, decide that he has performed four Rak'ats, then for a doubt that he might have performed less, he will redress it by Salat al-Ihtiyat , and for a doubt that he might have performed more, he will perform Sajdatus Sahv.

In any of these four situations, if the doubt occurs after the first Sajdah, and before having gone into the second, the prayers will be void.

(v) If a person doubts at any stage during his prayers, whether he has performed 3 or 4 Rak'ats, he should decide that he has performed 4 Rak'ats and finish his prayers. Thereafter he should offer Salat al-Ihtiyat of 1 Rak'at standing or of 2 Rak'ats in the sitting position.

(vi) If a person doubts while standing, as to whether he has performed 4 Rak'ats or 5, he should sit down and recite tashahhud and the Salam of prayers. Then he should stand up to offer Salat al-Ihtiyat of 1 Rak'at, or give 2 Rak'ats while sitting.

(vii) If one doubts, while standing, whether he has performed three or five Rak'ats, he should sit down and read tashahhud and Salam to finish the prayers. After that, he should offer 2 Rak'ats of Salat al-Ihtiyat standing.

(viii) If a person doubts while standing, as to whether he has offered 3, 4 or 5 Rak'ats, he should sit down and recite tashahhud and the Salam of prayers. Thereafter, he should offer Salat al-Ihtiyat of 2 Rak'ats standing, and another 2 Rak'ats in the sitting position.

(ix) If a person doubts, while standing, whether he has performed 5 or 6 Rak'ats, he should sit down and recite tashahhud and Salam of the prayers. Thereafter, he should perform two sajdatus sahv. In all the foregoing four situations one should, as a recommended precaution, also offer two sajdatus sahv for an extra qiyam.

Issue 1209: * When a person has any of the above valid doubts, he should not break the prayers, if the time for Salat is very short. He should act according to the rules given above. In fact, even if there be ample time for Salat, it is a recommended precaution that Salat should not be broken, and the rules of redressing the situations of doubt be followed.

Issue 1210: * If a person has one of those doubts for which offering of Salat al-Ihtiyat is obligatory, as a recommended precaution, he should offer the Salat al-Ihtiyat , and without doing so, he should not start praying again. And before any such act occurs which invalidates Salat, if he starts the Salat afresh, without having performed Salat al-Ihtiyat , it will be void. Of course, if in the meantime, an act occurred which renders Salat void, and he prayed without having offered Salat al-Ihtiyat , this Salat will be in order.

Issue 1211: * When a person has any of those doubts which invalidate the prayers, and if he feels that by continuing to the next act, he may acquire certainty, or form a strong idea about the actual situation, he is not allowed to continue with that Salat if the doubt has occurred in the first 2 Rak'ats. For example, if he doubts while standing, whether he has offered one Rak'at or more, and feels that if he goes into Ruku, the doubt may be allayed, it is not permissible to go to Ruku. But in all situations other than this, he can continue with the Salat if he feels that it would help him acquire certainty.

Issue 1212: If initially the feeling of a person is inclined on one side, and later both the sides become equally strong, he should act according to the rules of doubt. And if initially both sides are equally strong, and he decides to act according to his obligation, but later his feeling inclines to the other side, he should adopt it, and complete the prayers.

Issue 1213: If a person does not know whether his feeling is inclined on one side, or is equal on both sides, he should act according to the rules of doubt.

Issue 1214: * If a person learns after prayers, that while in Salat, he was in a state of doubt as to whether, he offered 2 Rak'ats or 3 and that he decided in favour of 3 Rak'ats, but does not know whether his strong feeling favoured offering three Rak'ats, or whether it favoured both sides equally, he does not have to offer Salat al-Ihtiyat .

Issue 1215: * If a person doubts after standing up, whether or not he has performed the 2 Sajdah, and simultaneously, has a type of doubt which would only be valid if it occurred after two Sajdah, like if he doubts whether he has performed two or three Rak'ats, his Salat will be valid if he acts according to the rule prescribed for that doubt. But while in tashahhud, if he falls into a type of doubt which would be valid only if it occurred after two sajdah, assuming that he has done two Sajdah, if the remedy of that doubt was to decide upon a Rak'at which has no tashahhud, his Salat will be void. For example, if that doubt was between 2 or 3 Rak'ats. And if the remedy of the doubt was to decide upon a Rak'at which has tashahhud, his Salat will be valid, like if the doubt is between 2 and 4 Rak'ats.

Issue 1216: * If a person doubts before he begins tashahhud, or before standing (Qiyam) in the Rak'ats which do not have tashahhud, whether he has performed one or both the Sajdah, and right at that moment, a doubt occurs which would only be valid if it occurred after two Sajdah, the prayers will be void.

Issue 1217: If a person doubts while standing, whether he is in third or fourth Rak'at, or whether it is third, fourth or fifth Rak'at, and at that time he remembers to have omitted one or both Sajdah of the preceding Rak'at, his prayers will be void.

Issue 1218: If one doubt of a person is allayed and another doubt takes its place, like, if he doubted first whether he had offered 2 or 3 Rak'ats, and later he doubts whether he has offered 3 or 4 Rak'ats, he should act according to the rules of the second doubt.

Issue 1219: * If a person doubts after prayers, whether while in Salat, his doubt was about 2 and 4 Rak'ats or about 3 and 4 Rak'ats, he may act according to the rules of both the doubts; and also, he may break the Salat and after committing an act which invalidates Salat, he can repeat the prayers.

Issue 1220: If a person realises after prayers, that while he was in Salat, he had a doubt, but does not know whether it was a valid or unsound doubt, and further, if it was one of the valid doubts, he does not know to which type it belonged, in such a case, it is permissible for him to treat the prayers as void, and offer it again.

Issue 1221: If a person who prays in the sitting position has a doubt, which would oblige him to perform either 1 Rak'at Salat al-Ihtiyat standing or 2 Rak'ats in the sitting position, he should offer 1 Rak'at sitting. And if he has a doubt for which his obligation is to offer two Rak'ats of Salat al-Ihtiyat standing, he should offer 2 Rak'ats sitting.

Issue 1222: If a person, who normally offered prayers in the standing position, becomes unable to stand while offering Salat al-Ihtiyat , he should offer it as one who offers prayers in the sitting position. Rules of these have been detailed above.

Issue 1223: If a person, who normally sat when offering prayers, becomes capable of standing for offering Salat al-Ihtiyat , he should act according to the obligation of one who offers prayers standing.

Method of Offering Salat al-Ihtiyat

Issue 1224: A person, for whom it is obligatory to offer Salat al-Ihtiyat , should make its niyyat immediately after the Salam of prayers, and pronounce takbir and recite Surah al-Hamd and then perform Ruku and two Sajdah. Now, if he has to perform only one Rak'at of Salat al-Ihtiyat , he should recite tashahhud and Salam of the prayers after two Sajdah. If it is obligatory for him to perform 2 Rak'ats of Salat al-Ihtiyat , he should perform, after the 2 Sajdah, another Rak'at like the first one, and then complete with tashahhud and Salam.

Issue 1225: * Salat al-Ihtiyat does not have other Surah and qunut, and this prayer should be offered silently; its niyyat should not be uttered; and the recommended precaution is that its 'Bismillah' should also be pronounced silently.

Issue 1226: If a person realises before starting Salat al-Ihtiyat that the prayer which he had offered was correct, he need not offer it, and if he realises this during Salat al-Ihtiyat , he need not complete it.

Issue 1227: * If a person becomes certain before starting Salat al-Ihtiyat , that the prayers which he had offered had lesser Rak'ats, and if he has still not performed an act which would invalidate prayers, he should complete those parts of the prayers which he had not performed, and as a precaution, also perform 2 Sajdatus Sahv for the extra Salam. And if he has performed an act which invalidates prayers, for example, if he has turned away from Qibla, he should repeat the prayers.

Issue 1228: If a person realises after Salat al-Ihtiyat , that the deficiency in his original prayers was equal to the Salat al-Ihtiyat , like, if he offers 1 Rak'at of Salat al-Ihtiyat in the case of doubt about 3 and 4 Rak'ats, and it transpires later that he had actually offered 3 Rak'ats in the original prayers, his prayers will be in order.

Issue 1229: If a person learns after Salat al-Ihtiyat , that the deficiency in his original prayers was lesser than the Salat al-Ihtiyat , like, if he offers 2 Rak'ats of Salat al-Ihtiyat for the doubt about 2 and 4 Rak'ats, and learns later that he had actually offered 3 Rak'ats, he should repeat his original prayers.

Issue 1230: * If a person learns after Salat al-Ihtiyat , that the deficiency in his original prayers was more than Salat al-Ihtiyat , like, if he offers 1 Rak'at of Salat al-Ihtiyat for the doubt between 3 and 4 Rak'ats, and learns

later that he actually offered 2 Rak'ats only, if he has performed any act, which invalidates the prayers like, if he turns away from Qibla, he should offer the prayers again. And even if he has not performed an act which invalidates prayers, the obligatory precaution is that he should repeat his prayers, and should not be content with simply adding the missing Rak'ats.

Issue 1231: If a person had a doubt as to whether it was his second, third or fourth Rak'at, and remembers after offering 2 Rak'ats of Salat al-Ihtiyat in standing position, that he had actually offered 2 Rak'ats of his original prayers, it will not be necessary for him to offer 2 Rak'ats of Salat al-Ihtiyat in the sitting position.

Issue 1232: * If a person had a doubt whether it was his third or fourth Rak'at, and remembers while offering 1 Rak'at of Salat al-Ihtiyat in the standing position, that he had actually offered 3 Rak'ats in the original prayers, if he remembers before going to Ruku, he should abandon Salat al-Ihtiyat , and complete 1Rak'at as an addendum. This way his prayers will be valid. But for one more Salam, he will perform two Sajdatus Sahv, as an obligatory precaution. But if he remembers this after having entered Ruku, he must pray again. As a precaution, he cannot content himself with just adding the remaining Rak'ats.

Issue 1233: * If a person had a doubt about second, third and fourth Rak'ats, and while he was offering 2 Rak'ats of Salat al-Ihtiyat in the standing position, he remembered that he had actually offered 3 Rak'ats, he should act as guided in the above rule.

Issue 1234: * If a person realises during Salat al-Ihtiyat , that the deficiency in his prayers was more or less than his Salat al-Ihtiyat , he should act according to rule no. 1232.

Issue 1235: * If a person doubts whether he offered Salat al-Ihtiyat which was obligatory on him, and if the time of prayers has lapsed, he should ignore the doubt. And if he has time at his disposal, and if much time has not elapsed between the doubt and the prayers, and he has also not performed an act invalidating the prayers, like turning away from Qibla, he should offer Salat al-Ihtiyat . But if he has performed an act which invalidates the prayers, or if a good deal of time has elapsed between the prayers and the doubt, he should, as an obligatory precaution, pray again.

Issue 1236: * If a person increases a Rukn in Salat al-Ihtiyat , or if he prays 2 Rak'ats instead of 1, his Salat al-Ihtiyat will be void, and he will have to offer the original Salat again.

Issue 1237: If, during Salat al-Ihtiyat , a person doubts about any one of its acts, and if its stage has not passed, he should perform it. And if its stage has passed, he should ignore the doubt. For example,if he doubts whether or not he has recited Surah al-Hamd, and if he has not yet gone into Ruku, he should recite Surah al-Hamd, and if he has gone into Ruku, he should ignore his doubt.

Issue 1238: When a person doubts about the number of Rak'ats in Salat al-Ihtiyat , if he finds that by deciding on the higher side, Salat al-Ihtiyat will be void, he should decide on the lesser. But if he finds that deciding on the higher side would not invalidate Salat al-Ihtiyat , then he should decide on the higher side. For example, if a person, who is offering 2 Rak'ats of Salat

al-Ihtiyat , doubts whether he has offered 2 or 3 Rak'ats, since taking it on the higher side will invalidate the prayers, he should decide that it is second Rak'at. And if he doubts whether he has offered 1 or 2 Rak'ats, then since taking it on the higher side will not invalidate the prayers, he should consider that he has offered 2 Rak'ats.

Issue 1239: If an act which is not a Rukn, is omitted or added forgetfully in Salat al-Ihtiyat , it will not be necessary to perform sajdatus sahv for it.

Issue 1240: If the person offering Salat al-Ihtiyat doubts after Salam, whether or not he has performed one of the parts or conditions of the prayers, he should ignore his doubt.

Issue 1241: * If a person forgets tashahhud or one Sajdah in Salat al-Ihtiyat , and if he is not able to perform it at once, the obligatory precaution is that he should perform the qadha for Sajdah after the Salam of the prayers.

Issue 1242: * If a man has an obligation to perform Salat al-Ihtiyat , qadha of a Sajdah or two Sajdatus Sahv, he should first offer Salat al-Ihtiyat .

Issue 1243: As far as Rak'ats of Salat are concerned, probability or strong feeling about it will be treated at the same level as certainty. For example, if a person does not know for certain whether he has offered 1 Rak'at or 2, and has a strong feeling that he has offered 2 Rak'ats, he should decide in its favour. And if in a prayer of 4 Rak'ats, he strongly feels that he has offered 4 Rak'ats, he should not offer Salat al-Ihtiyat . But in the matter of acts of Salat, probability has the position of doubt. Hence, if he feels that probably he has performed Ruku, and if he has not yet entered Sajdah, he should perform the Ruku. And if he thinks that he has not recited Surah al-Hamd, and has already started the other Surah, he should ignore his doubt and his prayers are in order.

Issue 1244: There is no difference between the rules of doubt, forgetting, and probability or strong feeling, regardless of it occurring in the daily obligatory prayers or otherWajib Salat. For example, if one doubts in Salat of Ayaat, whether he has performed 1 Rak'at or 2, his Salat will be void because it is a doubt which has occurred in a Salat consisting of 2 Rak'ats. Similarly, if he has a strong feeling that it is his first or his second Rak'at, he will complete the prayers based on that feeling.

Sajdatus Sahv (Sajdah for Forgotten Acts)

Issue 1245: * Two Sajdatus Sahv become necessary for five things, and they are performed after Salam. Their method will be explained later:

(i) For talking forgetfully during prayers.

(ii) Reciting Salam at the wrong place, like, forgetfully reciting them in the first Rak'at.

(iii) Forgetting tashahhud.

(iv) When there is a doubt in a 4 Rak'at prayers, after second Sajdah, as to whether the number of Rak'ats performed is 4 or 5, 4 or 6.

(v) When after Salat, one realises that he has either omitted or added something by mistake, but that omission or addition does not render the prayers void.

These five situations call for Sajdatus Sahv.

As per recommended obligation, if a person performs only one Sajdah forgetting the other, or if he erroneously sits down where he should stand, or vice versa, he should perform 2 Sajdatus Sahv. In fact, for every omission and addition made by mistake, in Salat, two Sajdatus Sahv be performed.

Issue 1246: * If a person talks, by mistake or under the impression that his prayer has ended, he should perform 2 Sajdatus sahv, as a precaution.

Issue 1247: * Sajdatus sahv is not obligatory for the sound emitted by coughing, but if one inadvertently sighs or moans, like, 'Ah', he should, as a precaution, perform Sajdatus Sahv.

Issue 1248: If a person makes an error in some recitation, and then repeats to correct it, Sajdatus Sahv will not be obligatory upon him.

Issue 1249: If a person talks for some time in Salat by mistake, and if the process is construed as having talked just once, he will perform two Sajdatus Sahv after Salams.

Issue 1250: If a person forgets the tasbihat Arba'ah, the recommended precaution is that he should perform 2 Sajdatus Sahv after his prayers.

Issue 1251: * If at a place where the Salam of prayers is not to be said, a person forgetfully says “Assalamu 'alayna wa'ala 'ibadil lahis salihin” or says: “Assalam 'alaykum” he should, as an obligatory precaution, perform 2 sajdatus sahv, even if he did not add “Wa Rahmatullahi wa Barakatuh”. But if he says: “As Salamu alayka Ayyuhan Nabiyyu Wa Rahmatullahi Wa Barakatuh” then Sajdatus Sahv will be a recommended precaution.

Issue 1252: If a person says, by mistake, all the 3 Salams at the time when Salam should not be recited, it is sufficient to perform 2 Sajdatus Sahv.

Issue 1253: * If a person forgets one Sajdah or tashahhud, and remembers it before the Ruku of the next Rak'at, he should return and perform it. And after the prayers, he should, as a recommended precaution, offer two Sajdatus Sahv for additional standing (Qiyam).

Issue 1254: * If a person remembers during Ruku or thereafter, that he has forgotten one Sajdah or tashahhud of the preceding Rak'at, he should perform the qadha of Sajdah after the Salam of prayers, and for tashahhud he should perform two Sajdatus Sahv.

Issue 1255: * If a person does not perform Sajdatus Sahv after the Salam of prayers intentionally, he commits a sin, and it is obligatory upon him to perform it as early as possible. And if he forgets to perform it, he should perform it immediately when he remembers. It is, however, not necessary for him to repeat the prayers.

Issue 1256: If a person doubts whether or not two Sajdatus Sahv have become obligatory upon him, it is not necessary for him to perform them.

Issue 1257: If a person doubts whether two or four Sajdatus Sahv have become obligatory upon him, it will be sufficient if he performs two Sajdatus Sahv.

Issue 1258: If a person knows that he has not performed one of the two Sajdatus Sahv, and if it is not possible to do it then, he should perform two Sajdatus Sahv again. And if he knows that he has offered three Sajdah forgetfully, the obligatory precaution is that he should perform two Sajdatus Sahv again.

The Method of Offering Sajdatus Sahv

Issue 1259: * Immediately after the Salam of prayers, one should make a niyyat of performing Sajdah, placing one's forehead, as an obligatory precaution, on an object which is allowed. It is a recommended precaution that Zikr be recited, and a better Zikr is: Bismillahi wa billah assalamu 'alayka ayyuhan Nabiyyu wa rahmatullahi wa barakatuh. Then one should sit up and perform another Sajdah reciting the above mentioned Zikr. After performing the second Sajdah one should sit up again and recite tashahhud and then say: Assalamu 'alaykum'; it is better to add to it: Wa rahmatullahi wa barakatuh.

Qadha of the Forgotten Sajdah and Tashahhud

Issue 1260: If a person forgets Sajdah and tashahhud, and offers its qadha after prayers, he should fulfil all the conditions of prayers, like his body and dress being Clean (tahir/pak ), and facing the Qibla, and all various other conditions.

Issue 1261: * If a person forgets Sajdah a few times, like, if he forgets one Sajdah in the first Rak'at and another in the second Rak'at, after the prayers, he should perform the qadha of each one of them. It is better that, as a precaution he should also perform Sajdatus Sahv for each of them.

Issue 1262: * If a person forgets one Sajdah and tashahhud, he should, as a precaution, offer two Sajdatus Sahv for each of them.

Issue 1263: If a person forgets two Sajdahs from two Rak'ats, it is not necessary to observe the order while giving their qadha.

Issue 1264: * If between the Salam of prayers and the qadha of Sajdah, a person performs an act which would invalidate the prayers were he to do so purposely or forgetfully, like, turning away from Qibla, the recommended precaution is that, after performing the qadha of Sajdah, he should repeat his prayers.

Issue 1265: * If a person remembers just after the Salam of prayers that he has forgotten a Sajdah, or tashahhud of the last Rak'at, he should resume to complete the prayers, and should, as an obligatory precaution, perform two Sajdatus Sahv for an additional Salam.

Issue 1266: * If between the Salam of prayers and the qadha of Sajdah, a person performs an act which makes Sajdatus Sahv obligatory (like, if he talks forgetfully), he should, as an obligatory precaution, first perform qadha of Sajdah and then do two Sajdatus Sahv.

Issue 1267: * If a person does not know whether he has forgotten a Sajdah or tashahhud in his prayers, he should perform qadha of Sajdah, and also perform two Sajdatus Sahv. And as a recommended precaution, he should perform qadha of tashahhud also.

Issue 1268: If a person doubts whether or not he has forgotten to perform Sajdah, or tashahhud, it is not obligatory for him to perform its qadha, nor to perform Sajdatus Sahv.

Issue 1269: * If a person knows that he has forgotten Sajdah, but doubts whether or not he has performed it before the Ruku of the succeeding Rak'at, the recommended precaution is that he should perform its qadha.

Issue 1270: * If it is obligatory on a person to perform qadha of Sajdah, and owing to some other act, Sajdatus Sahv also becomes obligatory upon

him, he should first perform the qadha of Sajdah after prayers, and then perform Sajdatus Sahv.

Issue 1271: * If a person doubts whether or not he has given the qadha of the forgotten Sajdah after the prayers, and if the time for the prayers has not lapsed, he should give the qadha. In fact, even if the time of Salat has lapsed, he should, as an obligatory precaution, give the qadha.

Addition and Omission of the Acts and Condition of Prayers

Issue 1272: Whenever a person intentionally adds something to the obligatory acts of prayers, or omits something from them, even if it be only a letter, his prayers become void.

Issue 1273: * If a person adds or omits the Rukn (elemental parts) of prayers due to ignorance, his prayers are void. But adding or omitting a non-Rukn due to justifiable ignorance or by relying on some authority, will not make the prayers void. And if someone, due to his ignorance about the rule, prays Fajr, Maghrib and Isha with silent Qir'at, or Zuhr and Asr with loud Qir'at, or offers four Rak'ats where he should have prayed two because of travelling, his prayers will be in order.

Issue 1274: If a person realises during prayers that his Wudhu or Ghusl had been void, or that he had begun offering prayers without Wudhu or Ghusl, he should abandon that prayers and repeat the same with Wudhu or Ghusl. And if he realises it after the prayers, he should pray again with Wudhu or Ghusl. And if the time for the prayers has lapsed, he should perform its qadha.

Issue 1275: * If a person remembers after reaching Ruku, that he has forgotten the two Sajdah of the preceding Rak'at, his prayers are void. And if he remembers before going to Ruku, he should return to perform the two Sajdah. Then he should stand up to recite Surah al-Hamd and Surah or Tasbihat Arba'ah, and complete the prayers. And after the prayers, he should, on the basis of recommended precaution, perform two Sajdatus Sahv for additional standing.

Issue 1276: If a person remembers before saying “Assalamu alayna” and “Assalamu Alaykum” that he has not performed the two Sajdah of the last Rak'at, he should perform the two Sajdah and should recite tashahhud again, and then recite Salam.

Issue 1277: If a person realises before the Salam of prayers, that he has not offered one Rak'at or something more from the end part of prayers, he should perform the part which had been forgotten.

Issue 1278: * If a person realises after the Salam of prayers that he has not offered one Rak'at or more from the end part of the prayers, and if he has done any such thing which would invalidate the prayers, were he to do so intentionally or forgetfully, like turning away from Qibla, his prayers will be void. But if he has not performed any such act then, he should immediately proceed to perform that part of the prayers which he forgot, and should, as an obligatory precaution, offer two Sajdatus Sahv for additional Salam.

Issue 1279: * If a person after the Salam of prayers, does an act which would have invalidated the prayers, were then to do so intentionally or otherwise, like turning away from Qibla, and then remembers that he had

not performed two Sajdah, his prayers will be void. And if he remembers it before he performs any act which would invalidate the prayers, he should perform the two forgotten Sajdah, and should recite tashahhud again, together with Salam of the prayers. Thereafter, he should perform two Sajdatus Sahv for the Salam recited earlier.

Issue 1280: * If a person realises that he has offered the prayers before its time set in, he should offer that prayers again, and if the prescribed time for it has lapsed, he should perform its qadha. If he realises that he has offered the prayers with his back to Qibla, he should pray again if the time of Salat is still there, and if the time has lapsed, there will be qadha if he had prayed opposite because of uncertainty about Qibla. And if he prayed towards the right or the left of Qibla, and realised it after the time of Salat has lapsed, there is no qadha. But if he realises while the time of Salat is still on, he has to pray again, if he had not made enough efforts to determine the direction of Qibla.