Alhassanain(p) Network for Heritage and Islamic Thought

Rules Regarding Suckling a Child

Issue 2473: * If a woman suckles a child with the conditions which will be mentioned in rule 2483, that child becomes Mahram of the following persons:

(i) The woman herself (i.e. the woman who suckles it) and she is called Riza'i mother (milk mother).

(ii) The husband of the woman (for the milk belongs to him); he is called Riza'i father (milk father).

(iii) Father and mother of that woman and all in their upward line, even if they are milk father and milk mother.

(iv) The children born of that woman, or those who are born to her later.

(v) The children of the children of that woman, however low, regardless of whether they are born of her children or her children had suckled them.

(vi) The sister and brother of that woman, even if they are her milk sister and milk brother.

(vii) Paternal uncle and paternal aunt of that woman, even if they are by milk, i.e. suckling.

(viii) Maternal uncle and maternal aunt of that woman, even if they are by milk i.e. suckling.

(ix) The descendants of the husband of that woman, (to whom milk belongs) even if they may be his milk children.

(x) Father and mother of that husband (to whom milk belongs), however high.

(xi) Sister and brother of the husband, (to whom milk belongs) even if they may be his milk sister and brother.

(xii) Paternal uncle and paternal aunt and maternal uncle and maternal aunt of the husband, (to whom milk belongs) however high, even if they are his milk uncles and aunts.

There are other persons also (details regarding whom will be given in the following rules) who become Mahram on account of sucking milk.

Issue 2474: If a woman suckles a child with the condition which will be mentioned in rule 2483, the father of the child cannot marry the daughters of that woman, but it is permissible for him to marry her milk daughters, although the recommended precaution is that he should not marry them. Moreover, he cannot marry the daughters of the husband also (to whom milk belongs), even if they may be his milk daughters. And if any one of them happens to be his wife already, his marriage becomes void.

Issue 2475: If a woman suckles a child with the conditions mentioned in rule 2483, the husband of that woman (to whom milk belongs) does not become Mahram of the sisters of that child, but the recommended precaution is that he should not marry them. Also, the relatives of the husband do not become Mahram of the sister and brother of that child.

Issue 2476: If a woman suckles a child, she does not become Mahram of the brothers of that child. Moreover, the relatives of that woman do not become Mahram of the brother and sister of the child suckled by her.

Issue 2477: If a person marries a woman who has suckled a girl fully, and if he has had sexual intercourse with her, he cannot marry that milk girl.

Issue 2478: If a person marries a girl, he cannot marry the woman who has suckled her fully.

Issue 2479: A man cannot marry a girl who has been suckled fully by his mother or paternal grandmother. Also, if his step-mother suckles a girl from the milk belonging to his father, he cannot marry that girl. And if a person contracts Nikah with a suckling girl, and thereafter, his mother or his paternal grandmother or his step-mother suckles that girl, the Nikah becomes void.

Issue 2480: A man cannot marry a girl who has been suckled fully by his sister, or by his brother's wife. And the position is the same if that girl is suckled by that man's niece (sister's daughter or brother's daughter) or the granddaughter of his sister or the granddaughter of his brother.

Issue 2481: If a woman suckles the child of her daughter i.e. her granddaughter, or grandson, the daughter will become haraam for her own husband, and the same applies if she suckles the child of the husband of her daughter from another wife. But if a woman suckles the child of her son, the wife of her son who is the mother of the suckling child, does not become haraam for her husband.

Issue 2482: If the step mother of a girl suckles the child of her husband, with the milk that belongs to the girl's father, the girl becomes haraam for her husband regardless of whether the child is the offspring of that very girl or of some other woman.

Conditions of Suckling Which Causes to be Mahram

Issue 2483: The following are the eight conditions under which suckling child becomes the cause of being Mahram.

(i) That the child sucks the milk of a woman who is alive. It is of no consequence if milk is drawn from the breast of a woman who is dead.

(ii) That the milk of the woman should not be the product of fornication or adultery. Hence, if the milk for an illegitimate child is breastfed to another child, the latter will not become Mahram of anyone.

(iii) That the child sucks milk directly from the breasts of the woman. Hence, if milk is poured into its mouth, it has no consequence.

(iv) That the milk be pure and unadulterated.

(v) That the milk be of one husband only. Hence, if a breast-feeding woman is divorced and then she marries another man by whom she becomes pregnant, if the milk of the first pregnancy still continues from the breast till she gives birth to the other child, and she feeds any child eight times with the milk from her first pregnancy before giving birth, and feeds the same child seven times with the milk from the second pregnancy, after giving birth, that child will not become Mahram of anyone.

(vi) That the child does not throw up the milk due to illness. If it vomits the milk, the suckling has no effect.

(vii) The suckling should be of such quantity that it could be said that the bones of the child were strengthened and the flesh allowed to grow. And if that cannot be ascertained, then if a child suckles for one full day and night, or if it suckles fifteen times to its fill, as will be explained later, it will be sufficient. But if it is known that in spite of the child having suckled for one full day and night, or for fifteen times, the milk has not had any effect on the

bones and the growth of flesh of the child, then one should not ignore exercising the precaution.

(viii) That the child should not have completed two years of his age, and, if it is suckled after it has completed two years of its age, it does not become Mahram of anyone. In fact, if, for example, it sucks milk eight times before completing its two years, and seven times after completing its two years, it does not become Mahram of anyone. But, if milk continues from the breast for more than two years since a woman gave birth to her child, and she suckles the child continuously, that child will become Mahram of those who have been mentioned above.

Issue 2484: It is necessary that the suckling child should not have taken any other food, or sucked milk from any other person, during one full day and night. However, it it takes very little food, so little that one may not say that it has taken any food in between, there is no harm in it. Also, it should have suckled the milk of only one woman fifteen times, and during these fifteen times, it should not have sucked the milk of any other woman. And it should have sucked milk every time without a gap, though, if while suckling milk it pauses to breathe, or waits a little, in a manner that from the time it started till the end, it is taken as one suckling, there is no objection.

Issue 2485: If a woman suckles a child from the milk of her husband, and when she later marries another man, suckles another child from the milk of her second husband, those two children do not become Mahram of each other, although it is better that they do not marry each other.

Issue 2486: If a woman suckles several children from the milk of one husband, all of them become Mahram of one another, as well as of the husband, and of the woman who suckled them.

Issue 2487: If a man has more than one wife, and every one of them suckles a child in accordance with the conditions mentioned above, all those children become Mahram of one another, as well as of that man, and of all those wives.

Issue 2488: If a man has two nursing wives, and if, for example, one of them suckles the child eight times and the other suckles it seven times, the child does not become Mahram of any one of them.

Issue 2489: If a woman gives full milk to a boy and a girl from the milk of one husband, the sisters and brothers of that girl will not become Mahram of the sisters and brothers of that boy.

Issue 2490: * A man cannot marry without the permission of his wife, those women who became her nieces (sister's daughter or brother's daughter) owing to the suckling of milk. Also, if a person commits sodomy with a boy, he cannot marry his milk daughter, sister, mother and paternal grandmother by means of sucking milk. This rule applies also in the situation where an active partner in sodomy is not baligh, or when the passive partner is baligh.

Issue 2491: A woman who suckles the brother of a person, does not become Mahram of that person, although the recommended precaution is that he should not marry her.

Issue 2492: * A man cannot marry two sisters even if they may be milk sisters, that is, they have become sisters by means of suckling milk. If he

marries two women and understands later that they are sisters, if he married them at one and the same time, both the Nikah will be void. But if he did not marry them at one time, the first marriage will be valid, and the second will be void.

Issue 2493: * If a woman suckles the following persons from her husband's milk, her husband does not become haraam for her, although it is better to observe precaution.

(i) Her own brother and sister.

(ii) Her own paternal uncle and paternal aunt, and maternal uncle and maternal aunt.

(iii) The descendants of her paternal uncle and her maternal uncle.

(iv) Her nephew (brother's son).

(v) Brother or sister of her husband.

(vi) Children of her sister, or children of her husband's sister.

(vii) Paternal uncle and paternal aunt and maternal uncle and maternal aunt of her husband.

(viii) Grand children of another wife of her husband.

Issue 2494: If a woman suckles the paternal aunt's daughter, or maternal aunt's daughter of a man, she (the woman who suckles) does not become Mahram of that man. However, the recommended precaution is that he should refrain from marrying that woman.

Issue 2495: If a man has two wives, and one of them suckles the paternal uncle's son of the other wife, the wife who suckled does not become haraam for her husband.

How To Breast Feed A Child

Issue 2496: The child's mother is the best person to suckle a child. It is better that she does not claim any award from her husband for suckling the child, although it is good that he should reward her for that. However, if the mother demands more payment for suckling than a wet-nurse, her husband can entrust the child to the wet-nurse.

Issue 2497: It is recommended that the wet-nurse, whose services are obtained for a child, should be Shia Ithna-Asheri, sane, chaste, and good looking; and it is Makrooh for a wet-nurse to be a non-Shia Ithna-Asheri or ugly, ill-humoured or illegitimate. It is also Makrooh to entrust the child to a wet-nurse who has given birth to an illegitimate child.

Miscellaneous Rules Regarding Nursing a Child

Issue 2498: * It is recommended that a woman avoids suckling any and every child, because it is possible that she may forget as to which of them she has suckled, and later the two persons, who are Mahram to each other, may contract marriage.

Issue 2499: It is recommended, if possible, that a child is suckled for full 21 months. And it is not preferred that it be suckled for more than two years.

Issue 2500: * If the right of the husband is not in any way violated by suckling, a wife may suckle the child of another person without the permission of her husband.

Issue 2501: * If a man contracts Nikah with a suckling girl, and the wife of that man suckles her, then it is considered that the wife becomes the mother-in-law of her husband, and therefore, becomes haraam for him. Although this consideration is not free fromIshkal , yet precaution should not be ignored.

Issue 2502: * If a person wants that his sister-in-law (his brother's wife) may become his Mahram, he may contract a temporary Nikah with a suckling girl, for example, for two days, and during those two days, the wife of his brother may suckle that girl as mentioned in rule no. 2483. By so doing, she will become his mother-in-law, and thus be Mahram. But if the woman suckles the girl from his brother's milk, it is a matter ofIshkal .

Issue 2503: If a man says before marrying a woman, that the woman he is marrying is his milk sister, she is haraam for him, if his statement is verified as true. And if he says this after the marriage, and the woman also confirms his word, the marriage is void. Hence, if the man has not had sexual intercourse with her, or has had sexual intercourse but at the time of sexual intercourse the woman knew that she was haraam for him, she is not entitled to any Mahr. And if she learns after sexual intercourse that she was haraam for the man, the husband should pay her Mahr according to the usual Mahr of other women like her.

Issue 2504: If a woman says, before marriage, that she is haraam for a man because she is his milk sister, and if it is possible to verify her statement as true, she cannot marry that man. And if she says this after marriage, it is like the man saying after marriage that the woman is haraam for him, and the rule in this situation has been given in the foregoing clause.

Issue 2505: * Suckling a child, which becomes the cause of being Mahram, can be established by the following two ways:

(i) Information in this behalf by a number of persons whose word is

reliable.

(ii) Two just men testify to this fact. It is, however, necessary that they should also mention the conditions of suckling the child. For example, they should be able to say, “We have seen the child for twenty four hours, sucking milk from the breasts of a woman, and during this time he has not eaten anything else.” And similarly, they should also narrate in detail, the conditions which have been mentioned in rule no. 2483. Witness by one man or two or four women, even if they are Adil, is a matter ofIshkal for establishing that the child has suckled from a particular woman.

Issue 2506: If it is doubted whether or not a child has sucked the quantity of milk which becomes the cause of becoming Mahram, or if it is considered probable that it might have sucked that quantity of milk, the child does not become Mahram of anyone, though it is better to observe precaution.

Divorce

Issue 2507: * A man who divorces his wife must be adult and sane, but if a boy of ten years of age divorces his wife, precaution must be exercised. Similarly, a man should divorce of his own free will, therefore, if someone compels him to divorce his wife, that divorce will be void. It is also necessary that a man seriously intends to divorce; therefore, if he pronounces the formula of divorce jokingly, the divorce will not be valid.

Issue 2508: It is necessary that at the time of divorce, wife is Clean (tahir/pak ) from Haidth and Nifas, and that the husband should not have had sexual intercourse with her during that period.

Issue 2509: * It is valid to divorce a woman even if she is in Haidh or Nifas in the following circumstances:

(i) If the husband has not had sexual intercourse with her after marriage.

(ii) If it is known that she is pregnant. And if this fact is not known and the husband divorces her during Haidh, and he comes to know later that she was pregnant, that divorce will be valid, and as a recommended precaution he should divorce her again.

(iii) If due to the husband's absence or imprisonment, he is not able to ascertain whether or not she is Clean (tahir/pak ) from Haidth or Nifas. But in this case, as an obligatory precaution, man must wait for at least one month after separation from his wife and then divorce.

Issue 2510: If a man thinks that his wife is Clean (tahir/pak ) from Haidh and divorces her, but it transpires later that at the time of divorce she was in the state of Haidh, the divorce is void. And if he thinks that she is in the state of Haidh and divorces her, and it is later known that she was Clean (tahir/pak ), the divorce is in order.

Issue 2511: * If a person who knows that his wife is in Haidh or Nifas, is separated from her, like when he proceeds on a journey, and wishes to divorce her, he should wait till such time when he becomes sure that his wife must have become Clean (tahir/pak ) from her Haidh or Nifas. Thereafter, having known that she is Clean (tahir/pak ), he can divorce her. And if he is in doubt he will act according to rule no. 2509 for precaution.

Issue 2512: * If a man who is separated from his wife wishes to divorce her and can acquire information as to whether or not she is in the state of Haidh or Nifas, even if that information is based on her habit, or any other signs known in Shariah, if he divorces her and later finds out that his information was wrong, the divorce will be void.

Issue 2513: * If a man has sexual intercourse with his wife during her Clean (tahir/pak ) period, and then wishes to divorce her, he should wait till she enters into Haidh again and becomes Clean (tahir/pak ). But if the wife has not completed her ninth year, or if she is pregnant, she can be divorced after the sexual intercourse. The same rule applies to a wife in menopause. The meaning of menopause has been explained in rule no. 2457).

Issue 2514: * If a person has sexual intercourse with a woman during her Clean (tahir/pak ) period and divorces her during the same period, and if it transpires later that she was pregnant at the time of divorce, the divorce will be void. As a recommended precaution, he should divorce her again.

Issue 2515: * If a person had sexual intercourse with his wife during her Clean (tahir/pak ) period, and then separated from her, like, if he proceeded on journey and wishes to divorce her then, not knowing whether she is Clean (tahir/pak ) or not, he should wait till such time when the wife enters into the state of Haidh and becomes Clean (tahir/pak ) once again. And, as an obligatory precaution, this period should not be less than one month.

Issue 2516: * If a man wishes to divorce his wife who does see blood of Haidh at all by habit, or because of some disease, while other women of her age habitually see Haidh, he should refrain from having sexual intercourse with her for three months from the time he has had the intercourse, and then divorce her.

Issue 2517: * It is necessary that the formula of divorce is pronounced in correct Arabic using the word “Taliq”; and two just ('Adil) persons should hear it. If the husband wishes to pronounce the formula of divorce himself and his wife's name is, for example, Fatima, he should say: Zawjati Fatima taliq (i.e. my wife Fatima is divorced) and if he appoints another person as his Wakil to pronounce the formula of divorce, the Wakil should say: Zawjatu muwakkili Fatima taliq (Fatima, the wife of my client is divorced). And if the woman is identified, it is not necessary to mention her name. And if the husband cannot pronounce divorce in Arabic, or cannot find a Wakil to do so, he can divorce in any language using the words of the same meaning as in Arabic formula.

Issue 2518: There is no question of of divorce in the case of a woman with whom temporary marriage is contracted, for example, for one month or one year. She becomes free when the period of her marriage expires or when the man forgoes the period of her marriage by saying: “I hereby exempt you from the remaining time of marriage”, and it is not necessary to have a witness nor that the woman should be Clean (tahir/pak ) from her Haidh.

Iddah of Divorce (The Waiting Period after Divorce)

Issue 2519: A wife who is under nine and who is in her menopause will not be required to observe any waiting period. It means that, even if the husband has had sexual intercourse with her, she can remarry immediately after being divorced.

Issue 2520: * If a wife who has completed nine years of her age and is not in menopause, is divorced by her husband after sexual intercourse, it is necessary for her to observe the waiting period of divorce. The waiting period of a free woman is that after her husband divorces her during her Clean (tahir/pak ) period, she should wait till she sees Haidh twice and becomes Clean (tahir/pak ). Thereafter, as soon as she sees Haidh for the third time, her waiting period will be over and she can marry again. If, however, a husband divorces his wife before having sexual intercourse with her, there is no waiting period for her and she can marry another man immediately after being divorced, except if she finds traces of her husband's semen in her private part, then she should observe Iddah.

Issue 2521: If a woman does not see Haidh in spite of being the age of women who normally see Haidh, if her husband divorces her after sexual intercourse, she should observe Iddah for three months after divorce.

Issue 2522: * If a woman whose Iddah is of three months, is divorced on the first of a month, she should observe Iddah for three lunar months, that is, for three months from the time the moon is sighted. And if she is divorced during the month, she should observe Iddah for the remaining days in the month added to two months thereafter, and again for the balance from the fourth month so as to complete three months. For example, if she is divorced on the 20th of the month at the time of sunset and that month is of 29 days, she should observe Iddah for nine days of that month and the two months following it, and for twenty days of the fourth month. In fact, the obligatory precaution is that in the fourth month, she should observe Iddah for twenty one days so that the total number of the days of the first month and the fourth month comes to thirty.

Issue 2523: * If a pregnant woman is divorced, her Iddah lasts till the birth or miscarriage of the child. Hence, if, for example, she gives birth to a child one hour after being divorced, her Iddah is over. But this is in the case of a legitimate child of the husband who is divorcing. If the pregnancy is illegitimate, and her husband divorces her, the Iddah will not be over.

Issue 2524: * If a woman who has completed nine years of age, and is not in menopause, contracts a temporary marriage, for example, if she marries a man for a period of one month or a year and the period of her marriage comes to an end, or her husband exempts her from the remaining period, she should observe Iddah. If she sees Haidh, she should observe Iddah for two periods of Haidh, and cannot marry again during that period. But if she does not see Haidh, then she should refrain from marrying another man for forty five days. And if she is pregnant, she should observe Iddah till the birth or miscarriage of the child, or for forty five days and as a recommended precaution, she should wait for whichever period is longer.

Issue 2525: The time of the Iddah of divorce commences when the formula of divorce is pronounced, irrespective of whether the wife knows about it or not. Hence, if she comes to know after the end of the Iddah that she had been divorced, it is not necessary for her to observe Iddah again.

Iddah (Waiting Period) of a Widow

Issue 2526: If a woman is free and is not pregnant and her husband dies, she should observe Iddah (the waiting period) for four months and ten days, that is, she should not marry during that period even if she has entered into menopause or her husband had contracted temporary marriage with her, or he may not have had sexual intercourse with her. If, however, she is pregnant, she should observe the waiting period till the birth of the child. But if the child is born before the end of four months and ten days from the death of her husband, she should wait till the expiry of that period. This period is called the waiting period after death (Iddatul Wafat).

Issue 2527: It is haraam for a woman who is observing the Iddah of death to wear brightly coloured dress, or to use surma and to do any such act which is considered to be an adornment.

Issue 2528: * If a woman becomes certain that her husband has died, and marries another man after the completion of Iddah of death, and later on learns that her husband had died later, she should separate herself from her second husband. And as a precaution, if she is pregnant, she should observe

Iddah of divorce for the second husband till she gives birth to a child, and should thereafter observe Iddah of death for the first husband. But if she is not pregnant, she should first observe Iddah of death for her first husband and thereafter she should observe Iddah of divorce for the second husband.

Issue 2529: * The Iddah of death begins, in the situation when the husband has disappeared or is absent, when the wife learns of his death, and not from the time when he actually died. But this rule does not apply to a wife who has not attained the age of Bulugh, or if she is insane.

Issue 2530: * If a woman says that her Iddah is over, her word can be accepted unless she is known to be unreliable, in which case, her word will not be accepted. For example, if she claims to have seen blood three times in the month, her claim will not be trusted, except when her women relatives confirm that it is her habit.

Irrevocable and Revocable Divorce

Issue 2531: * Irrevocable divorce means that after the divorce, the husband is not entitled to take back his wife, that is, he is not entitled to take her as his wife without Nikah. This divorce is of five kinds, namely:

(i) The divorce of a woman who has not completed nine years of age.

(ii) The divorce of a woman who is in menopause.

(iii) The divorce of a woman whose husband has not had sexual intercourse with her after their marriage.

(iv) The third divorce of a woman who has been divorced three times.

(v) The divorce called Khul'a and Mubarat.

(vi) The divorce by intervention ofMujtahid , in the case of a wife whose husband is neither prepared to maintain her nor to divorce her.

Rules pertaining to these kinds of divorces will be detailed later. Divorces other than these are revocable, in the sense that as long as the wife is observing Iddah her husband can take her back.

Issue 2532: * When a person has given revocable divorce to his wife, it is haraam for him to expel her out of the house in which she was residing at the time of divorce. However, in certain cases, like, when she has committed fornication or adultery there is no harm in expelling her. Also, it is haraam for the wife to go out of the house unnecessarily, without her husband's permission.

Orders Regarding Return (Ruju')

Issue 2533: * In the case of a revocable divorce a man can take back his wife in two ways:

(i) By telling her words which would mean that he wants her again as his wife.

(ii) By acting in a manner which would convey his intention to take her back.

And taking her back will be established by sexual intercourse although the husband may not have intended it. But touching, kissing, with or without intention of taking her back is not sufficient.

Issue 2534: It is not necessary for taking her back that the husband should call any person to witness, or should inform his wife. On the other hand if he takes her back without any one else realising this, the Ruju' is in

order. However, if the husband claims after the completion of Iddah that he took his wife back during Iddah, he must prove it.

Issue 2535: * If a person who has given revocable divorce to his wife takes some payment from her, making a compromise with her that he will not make Ruju' to her, though this compromise is valid and it is obligatory on him not to 'return', yet he does not forfeit the right to 'return'. And if he 'returns' to her, the divorce given by him does not become the cause of their separation.

Issue 2536: * If a man divorces a woman twice and takes her back, or divorces her twice and takes her back by Nikah, or takes her back after one divorce and returns her by Nikah after the second divorce, she becomes haraam for him after the third divorce. But if she marries another man after the third divorce, she becomes halal for the first husband on fulfilment of five conditions, that is, only then he can remarry her:

(i) The marriage with the second person should have been of permanent nature. If he contracts with her a temporary marriage for one month or a year, and then separates from her, the first husband cannot marry her.

(ii) The second husband should have had sexual intercourse with her, and the obligatory precaution is that the sexual intercourse should have taken place in the normal way.

(iii) The second husband divorces her, or dies.

(iv) The waiting period (Iddah) of divorce or Iddah of death of the second husband should have come to an end.

(v) On the basis of obligatory precaution the second husband should have been Baligh at the time of intercourse.

Khula' Divorce or Talaqul Khula'

Issue 2537: * The divorce of a wife who develops an aversion from husband and hates him, and surrenders to him her Mahr or some of her property so that he may divorce her, is called Khula' Divorce. The hatred must have reached a proportion where she would not allow him conjugal rights.

Issue 2538: If the husband himself wishes to pronounce the formula of Khula' divorce and his wife's name is, say, Fatima, he should say after receiving the property: “Zawjati Fatimatu Khala'tuha 'ala ma bazalat” and should also say as a recommended precaution: “Hiya Taliq” i.e. “I have given Khula' divorce to my wife Fatima in lieu of what she has given me, and she is free'. And if the wife is identified, it is not necessary to mention her name in Talaqul Khula' and also in Mubarat Divorce.

Issue 2539: If a woman appoints a person as her representative to surrender her Mahr to her husband, and the husband, too, appoints the same person as his representative to divorce his wife, and if, for instance, the name of the husband is Muhammad and the name of the wife is Fatima, the representative will pronounce the formula of divorce thus: “An muwakkilati Fatimah bazalat mahraha li muwakkili Muhammad li Yakhla'aha 'alayh”. Then he says immediately: “Zawjatu muwakkili khala'tuha 'ala ma bazalat hiya Taliq”.

And if a woman appoints a person as her representative to give something other than Mahr to her husband, so that he may divorce her, the

representative should utter the name of that thing instead of the word “Mahraha” (her Mahr). For example, if the woman gives $500 he should say: bazalat khamsa mi'ati Dollar”.

Mubarat Divorce

Issue 2540: * If the husband and the wife develop mutual aversion and hatred and the woman gives some property to the man so that he may divorce her, this divorce is called 'Mubarat'.

Issue 2541: * If the husband wishes to pronounce the formula of Mubarat, and for example, his wife's name is Fatima he should say: “Bara'tu zawjati Fatimah 'ala ma bazalat”. And as an obligatory precaution, he must add: “Fahiya Taliq”, that is “my wife Fatima and I separate from each other in consideration of what she has given me. Hence, she is free.” And if he appoints someone as his representative, the representative should say: “An qibali muwakkili bara'tu zawjatahu Fatimata 'ala ma bazalat Fahiya Taliq”. And in either case, if he says: “bima bazalat” instead of the words “'ala ma bazalat” there is no harm in it.

Issue 2542: * It is necessary that the formula of Khula' or Mubarat divorce is pronounced in correct Arabic. And if that is not possible, then the rule explained in 2517 will apply. However, if for the sake of giving her property, the wife says in English or any language that: “I give you such and such property in lieu of divorce” it will be sufficient.

Issue 2543: If during the waiting period of Khula or Mubarat divorce the wife changes her mind and does not give her property to the husband, he can take her back as a wife without Nikah.

Issue 2544: The property which the husband takes in Mubarat divorce should not exceed the Mahr of the wife. But in the case of Khula' divorce, there is no harm if it exceeds her Mahr.

Various Rules Regarding Divorce

Issue 2545: If a man had sexual intercourse with a non-mehram woman under the impression that she was his wife, the woman should observe Iddah, irrespective of whether she knew that the man was not her husband or thought that perhaps he was her husband.

Issue 2546: * If a man commits fornication with a woman knowing that she is not his wife, it is not necessary for the woman to observe Iddah. But if she thought that the man was probably her husband, as an obligatory precaution, she should observe Iddah.

Issue 2547: * If a man seduces a woman so that her husband decides to divorce her and then she can marry him, the divorce and marriage are in order, but both of them have committed a major sin.

Issue 2548: * If a woman lays a condition at the time of Nikah that if her husband goes on a journey or, for example, does not give her maintenance for six months, she will have the right of divorce, the condition is void. However, if she lays a condition that if her husband goes on a journey or, for example, does not give her maintenance for six months, she will be his Wakil for her own divorce, the condition is in order.

Issue 2549: If the husband of a woman disappears and she wishes to marry another man, she should approach an 'AdilMujtahid and act according to his directive.

Issue 2550: The father and the paternal grandfather of an insane man can divorce his wife.

Issue 2551: If the father or paternal grandfather of a child contracts a temporary marriage between him and a woman, and a part of the period fixed for the marriage covers some of the time when the child will have attained the age of bulugh, for example, if he contracts the marriage of a fourteen years old boy for a period of two years - he (the father or the paternal grandfather of the child) can exempt the woman from a part of the period of marriage if doing so, is in the interest of the child, but he cannot divorce the child's permanent wife.

Issue 2552: If a man considers two person to be just ('Adil) according to the standard prescribed in Shariah, and divorces his wife in their presence, another person to whom their being 'Adil is not proved can, after the expiry of that woman's Iddah, marry her or give her in marriage to another person, although the recommended precaution is that he should not marry her nor should he give her in marriage to someone else.

Issue 2553: If a person divorces his wife without informing her, and he continues to maintain her the way he did when she was his wife, and after a year tells her that he divorced her a year ago, and also proves it, he can take back from her the things which he supplied her during that period if she has not used them up, but he cannot demand from her the things which she has already expended.

Qadha Prayers

Issue 1379: * A person who does not offer his daily prayers within time, should offer qadha prayers even if he slept, or was unconscious during the entire time prescribed for the prayers. Similarly, qadha must be given for all other obligatory prayers, if they are not offered within time, and as an obligatory precaution, this includes those Salat which one makes obligatory upon oneself by Nazr, to offer within a fixed period. But the prayers of Eid-ul-Fitr and Eid-ul-Adha have no qadha, and the ladies who have to leave out daily prayers, or any other obligatory prayers, due to Haidh or Nifas, do not have to give any qadha for them.

Issue 1380: If a person realises after the time for the prayers has lapsed, that the prayers which he offered in time was void, he should perform its qadha prayers.

Issue 1381: A person having qadha prayers on him, should not be careless about offering them, although it is not obligatory for him to offer it immediately.

Issue 1382: A person who has qadha prayers on him, can offerMustahab prayers.

Issue 1383: If a person suspects that he might have qadha on him, or that the prayers offered by him were not valid, it isMustahab that, as a measure of precaution, he should offer their qadha.

Issue 1384: It is not necessary to maintain sequential order in the offering of qadha, except in the case of prayers for which order has been prescribed, like, Zuhr and Asr prayers or Maghrib and Isha prayers of the same day. However, it is better to maintain order in other qadha prayers also.

Issue 1385: If a person wishes to offer some qadha prayers for other than the daily prayer, like Salat al-Ayaat, or, for example, if he wishes to offer one daily prayer and a few other prayers, it is not necessary to maintain order in offering them.

Issue 1386: If a person forgets the sequential order of the prayers which he has not offered, it is better that he should offer them in such a way, that he would be sure that he has offered them in the order in which they lapsed. For example, if it is obligatory for him to offer one qadha prayer of Zuhr and one of Maghrib, and he does not know which of them lapsed first he should first offer one qadha for Maghrib and thereafter one Zuhr prayer, and then one Maghrib once again, or he should offer one Zuhr prayer and then one Maghrib prayer, and then one Zuhr prayer once again, so that he is sure that the qadha prayers which lapsed first has been offered first.

Issue 1387: If Zuhr prayers of one day and Asr prayers of another day, or two Zuhr prayers or two Asr prayers of a person becomes qadha, and if he does not know which of them lapsed first, it will be sufficient if he offers two prayers of four Rak'ats each, with the niyyat that the first is the qadha prayer of the first day, and the second is the qadha prayer of the second day.

Issue 1388: If one Zuhr prayer and one Isha prayer, or one Asr prayer and one Isha prayer of a person become qadha, and he does not know which of them lapsed first, it is better that he should perform their qadha in a way that would ensure that he has maintained the order. For example, if one Zuhr

prayer and one Isha prayer have lapsed, and he does not know which of them lapsed first, he should first offer one Zuhr prayer, followed by one Isha prayer, and then one Zuhr prayer once again, or he should first offer one Isha prayer, and thereafter one Zuhr prayer, and then one Isha prayer once again.

Issue 1389: If a person knows that he has not offered a prayer consisting of four Rak'ats, but does not know whether it is Zuhr or Isha, it will be sufficient to offer a four Rak'at prayer with the niyyat of offering qadha prayer for the Salat not offered. And as far as reciting loudly or silently, he will have an option.

Issue 1390: If five prayers of a person have lapsed one after another, and he does not know which of them was first, he should offer nine prayers in order. For example, he commences with Fajr prayer and after having offered Zuhr, Asr, Maghrib and Isha prayers, he should offer again Fajr, Zuhr, Asr and Maghrib prayers. This way he will ensure the requisite order.

Issue 1391: If a person knows that one prayer on each day has lapsed, but does not know its order, it is better that he should offer daily prayers of five days; and if his six prayers of six days have lapsed, he should offer six days' daily prayers. Thus for every qadha prayer of an additional day, he should offer an additional day's prayers, so that he may become sure that he has offered the prayers in the same order in which they had become qadha. For example, if he has not offered seven prayers of seven days, he should perform qadha prayers of seven days.

Issue 1392: If a person has a number of Fajr or Zuhr prayers qadha on him, and he does not know their exact number, or has forgotten, for example, if he does not know whether they were three, four or five prayers, it will be sufficient if he offers the smaller number. However, it is better that he should offer enough qadha to ensure, that he has offered all of them. For example, if he has forgotten how many Fajr prayers of his have become qadha and is certain that they were not more than ten, he should, as a measure of precaution, offer ten Fajr prayers.

Issue 1393: * If a person has only one qadha prayer of previous days, it is better that he should offer it first, and then start offering prayers of that day, if the time of Fadhilat is not lost. And if he has no pending qadha of previous days, but has one or more of the same day, it is better that he should offer qadha prayers of that day before offering the present obligatory prayers, provided that, in so doing, the time of Fadhilat is not lost.

Issue 1394: * If a person remembers during the prayers that one or more prayers of that same day have become qadha, or that he has to offer only one qadha prayer of the previous days, he should convert his niyyat to qadha prayers, provided that (a) time allows, (b) converting the niyyat is possible, (c) and the time of Fadhilat is not lost. For example, if he remembers before Ruku of the third Rak'at in Zuhr that his Fajr prayers was qadha, and if the time for Zuhr is not limited, he should convert his niyyat to Fajr prayer, and complete it with two Rak'ats, and then offer Zuhr prayer. But, if the time is limited, or if he cannot convert his niyyat to qadha like, when he remembers in Ruku of the third Rak'at of Zuhr, that he has not offered the Fajr prayers,

and by converting the niyyat to Fajr prayers, one Ruku which is a Rukn will increase, he should not change his niyyat to the qadha Fajr prayer.

Issue 1395: If a person is required to offer a number of qadha prayers of previous days, together with one or more prayers of that very day, and if he does not have time to offer qadha of all of them, or does not wish to offer qadha of all of them on that day, it isMustahab to offer the qadha of that day before offering ada (the same day's) prayers, and it is better that after offering previous qadha, he should once again give qadha of that day, which he had offered earlier.

Issue 1396: As long as a person is alive, no other person can offer his qadha on his behalf, even if he himself is unable to offer them.

Issue 1397: Qadha prayers can be offered in congregation, irrespective of whether the prayers of the Imam are ada or qadha. And it is not necessary that both of them should be offering the same prayers; there is no harm if a person offers qadha Fajr prayers with the Zuhr prayer or Asr prayers of the Imam.

Issue 1398: It is recommended that a discerning child, one who can distinguish between good and evil, is made to form the habit of praying regularly, and to perform other acts of worship. In fact, it isMustahab that he is encouraged to offer qadha prayers.

Qadha Prayers of a Father is Obligatory on the Eldest Son

Issue 1399: If a person did not offer some of his obligatory prayers, and did not care to give qadha, in spite of being able to do so, after his death, it is upon his eldest son, as an obligatory precaution to perform those qadha, provided that the father did not leave them as a deliberate act of transgression. If the son cannot do so, he may hire someone to perform them. The qadha prayers of his mother is not obligatory upon him, though it is better if he performs them.

Issue 1400: If the eldest son doubts whether or not his father had any qadha on him, he is under no obligation.

Issue 1401: If the eldest son knows that his father had a certain number of qadha prayers on him, but he is in doubt whether his father offered them or not, he should offer them, as an obligatory precaution.

Issue 1402: If it is not known as to who is the eldest son of a person, it is not obligatory on anyone of the sons to offer their father's qadha prayers. However, theMustahab precaution is that they should divide his qadha between them, or should draw lots for offering them.

Issue 1403: If a dying person makes a will that someone should be hired to offer his qadha prayers, and if the hired person performs them correctly, the eldest son will be free from his obligation.

Issue 1404: If the eldest son wishes to offer the qadha prayers of his mother, then in the matter of loud or silent recitations in Salat, he will follow the rules which apply to him. So, he should offer the qadha prayers of his mother for Fajr, Maghrib and Isha prayers loudly.

Issue 1405: If a person has to offer his own qadha prayers, and he also wishes to offer the qadha prayers of his parents, whichever he offers first will be in order.

Issue 1406: * If the eldest son was minor, or insane at the time of his father's death, it will not be obligatory upon him to offer qadha of his father when he attains puberty or becomes sane.

Issue 1407: If the eldest son of a person dies before offering the qadha prayers of his father, it will not be obligatory on the second son.

Congregational Prayers

Issue 1408: It isMustahab that obligatory prayers, especially the daily prayers, are performed in congregation, and more emphasis has been laid on congregational prayers for Fajr, Maghrib and Isha, and also for those who live in the neighbourhood of a mosque, and are able to hear its Adhan.

Issue 1409: It has been reported in authentic traditions, that the congregational prayers are twenty five times better than the prayers offered alone.

Issue 1410: It is not permissible to absent oneself from the congregational prayers unduly, and it is not proper to abandon congregational prayers without a justifiable excuse.

Issue 1411: * It isMustahab to defer prayers with an intention to participate in congregational prayers, because a short congregational prayer is better than a prolonged prayer offered alone. It is also better than the individual prayer offered at its prime time. But it is not known whether a congregational prayer offered after the Fadhilat time could be better than the prayer offered alone, within the time of Fadhilat.

Issue 1412: When congregational prayers are being offered, it isMustahab for a person, who has already offered his prayers alone, to repeat the prayers in congregation. And if he learns later that his first prayer was void, the second prayer will suffice.

Issue 1413: * If the Imam (leader) or the Ma'mum (follower) wishes to join a congregation prayer again, after having already prayed in congregation once, there is no objection if it is done with the niyyat of Raja', since its beingMustahab is not established.

Issue 1414: If a person is so obsessed with doubts and anxiety during prayers, that it leads to its invalidity, and if he finds peace only in congregational prayers, he must offer prayers in congregation.

Issue 1415: * If a father or a mother orders his/her son to offer prayers in congregation, as a recommended precaution, he should obey. And if this order is based on parental love, and if disobedience would cause injury to their feelings, it is haraam for the son to disobey, even if it does not incur the parental wrath.

Issue 1416: *Mustahab prayers as a precaution cannot be offered in congregation in any situation, except Istisqa prayers (invoked for the rain) or prayers which were obligatory at one time, but becameMustahab later, like, Eid ul Fitr and Eid ul Azha prayers, which are obligatory during the presence of Ma'soom Imam (A.S.) and areMustahab during his occultation.

Issue 1417: When an Imam is leading a congregation for the daily prayers, one can follow him for any of the daily prayers.

Issue 1418: * If Imam of the congregation is offering his own qadha, or on behalf of another person whose qadha is certain, he can be followed. However, if he is offering the qadha, his own or on behalf of the other, as a precaution, it is not permissible to follow him, unless the prayers being offered by the follower is also based on a precaution similar to that of Imam. However, it is not necessary that the follower may not have another reason for precaution.

Issue 1419: If a person does not know whether the prayers of Imam is an obligatory daily prayer orMustahab prayer, he cannot follow him.

Issue 1420: * For the validity of congregation, it is a condition that there should be no obstruction between the Imam and the follower, nor between one follower and the other follower, who is a link between him and the Imam. An obstruction means something which separates them, regardless of whether it prevents seeing each other, like in the case of a curtain, or a wall, or does not prevent, like in the case of a glass wall. Therefore, if there is an obstruction, at any time of the prayers, between Imam and the follower or between the followers themselves, thus breaking the link, congregation will be void. But women are exempted from this rule, as will be explained in due course.

Issue 1421: If the persons standing at the end of the first row, cannot see the Imam because the line is very long, they can still follow him; similarly if the following rows are very long, and persons standing at the far end cannot see the line before, they can follow the congregation.

Issue 1422: If the rows of the congregation extend to the gate of the mosque, the prayers of a person standing in front of the gate behind the line will be in order, and the prayers of those followers who stand behind him will also be valid. In fact, the prayers of those who are standing on either sides, and are linked with the congregation by means of another follower, will also be in order.

Issue 1423: If a person who is standing behind a pillar is not linked with the Imam by another follower from either side, he cannot follow the Imam.

Issue 1424: * The place where Imam stands should not be higher than the place of the follower, unless the height is negligible. And, if the ground has a slope, the Imam should stand at the higher end. But if the slope is so small that people ordinarily consider the ground as flat, there will be no objection.

Issue 1425: In the congregational prayers, there is no objection if the place where followers stand is higher than that of the Imam. But if it is so high, that it cannot be considered that they have assembled together, then the congregation is not in order.

Issue 1426: * If a discerning child, one who is able to distinguish good from evil, stands between two persons in one line, thus causing a distance, their prayers in congregation will be valid as long as they do not have knowledge about that child's Salat having become void.

Issue 1427: If after the takbir of the Imam, the persons in the front row are ready for prayers and are about to say takbir, a person standing in the back row can say takbir. However, the recommended precaution is that he should wait, till the takbir of the front row has been pronounced.

Issue 1428: If a person knows that the prayers of one of the rows in front is void, he cannot follow the Imam in the back rows, but if he does not know whether the prayers of those persons are in order or not, he may follow.

Issue 1429: If a person knows that the prayers of the Imam is void - like, if he knows that the Imam is without Wudhu, though the Imam himself may not be mindful of the fact, he cannot follow that Imam.

Issue 1430: * If the follower learns after the prayers, that the Imam was not a just person ('Adil), or was a disbeliever, or his Salat was void for any other reason, like, having no Wudhu, his own Salat will be valid.

Issue 1431: * If a person doubts during Salat whether he has followed the Imam or not, he will rely upon the signs which satisfactorily lead him to believing that he has been following. For example, if he finds himself listening silently to the Qir'at of Imam, he should complete the prayers with the congregation. But if he is in a situation where no such decision can be made, he should complete his prayers as one offered individually (i.e.Furada).

Issue 1432: * If a person decides to separate himself during congregational Salat into the niyyat of Furada without any excuse, his congregational prayers will be incorrect, but his Salat will be valid. Except when he has not acted according to the rules related to Furada prayers, or if he has committed an act which invalidates Furada prayers, like having performed an extra Ruku. In fact, in certain situation, his prayers will be valid even if he has not followed the rules of Furada. For example, if he did not have the intention from the beginning to separate himself, and therefore did not recite Qira't, and decided in Ruku, his prayer will be valid when converted to Furada.

Issue 1433: * If the follower makes an intention of Furada after the Imam has recited Surah al-Hamd and the other Surah, because of some good excuse, it will not be necessary for him to recite Surah al-Hamd and the other Surah. But if he makes the intention of Furada before Imam has completed Surah al-Hamd and the other Surah, it will be necessary for him to recite the part recited by the Imam.

Issue 1434: * If a person makes the intention of Furada during the congregation prayers, he cannot revert back to congregational prayers again. But, if he is undecided whether he should make the intention of Furada or not, and eventually decides to end the prayers with congregation, his prayers with the congregation will be in order.

Issue 1435: If a person doubts whether he had made an intention of Furada during the congregational prayers, he should consider that he had not made the intention.

Issue 1436: * If a person joins the Imam at the time of Ruku, and participates in Ruku of the Imam, his prayer is in order, even if the Zikr by the Imam may have come to an end. It will be treated as one Rak'at. However, if he goes to Ruku and misses Imam's Ruku, he can complete his prayers as Furada.

Issue 1437: * If a person joins the Imam when he is in Ruku, and as he bows, he doubts whether or not he reached the Ruku of the Imam, his congregational prayer will be valid if that doubt occurs after the Ruku was over. Otherwise, he can complete his prayers with the niyyat of Furada.

Issue 1438: * If a person joins the Imam when he is in Ruku, but before he bows to Ruku, the Imam raises his head from his Ruku, that person has a choice either to complete his prayers as Furada, or to continue with the Imam upto Sajdah, with the niyyat of Qurbat. Then when he stands, he can

do takbir other than Takbiratul Ihram, as a general Zikr, and continue with the congregation.

Issue 1439: If a person joins the Imam from the beginning of the prayers or during the time ofSurah al-Hamd and the other Surah, and if it so happens that, before he goes into Ruku, Imam raises his head from Ruku, his prayers will be in order.

Issue 1440: * If a person arrives for prayers when the Imam is reciting the last tashahhud, and if he wishes to earn 'thawab' of congregational prayers, he should sit down after making niyyat, and pronouncing takbiratul ehram, and may recite tashahhud with the Imam, but not the Salam, and then wait till the Imam says Salam of the prayers. Then he should stand up, and without making niyyat and takbir, begin to recite Surah al-Hamd and the other Surah treating it as the first Rak'at of his prayers.

Issue 1441: * The followers should not stand in front of the Imam, and, as an obligatory precaution, when the followers are many, they should not stand in line with Imam. But if there is only one male follower, he may stand in line with Imam.

Issue 1442: If the Imam is a male and the follower is a female, and if there is a curtain or something similar between that woman and the Imam, or between that woman and another male follower, and the woman is linked to the Imam through that male, there is no harm in it.

Issue 1443: If after the commencement of the prayers, a curtain or something similar intervenes between the follower and the Imam, or between one follower and the other, through whom the follower is linked to the Imam, the congregation will be invalidated, and it will be necessary for the follower to act according to Furada obligation.

Issue 1444: * As an obligatory precaution, the distance between the place where the follower performs Sajdah, and where the Imam stands, should not be more than a foot, and the same rule applies to a person who is linked with the Imam through another follower standing in front. And the recommended precaution is that the distance between the rows should be just enough to allow a person to do Sajdah.

Issue 1445: * If a follower is linked to the Imam by means of a person, on his either side, and is not linked to the Imam in front, the obligatory precaution is that he should not be at a distance of more than a foot from his companions on either side.

Issue 1446: If during the prayers, a distance of one foot occurs between the follower and the Imam, or between the follower and the person through whom he is linked to the Imam, he (the follower) will be isolated and can, therefore, continue as Furada.

Issue 1447: * If the prayers of all the persons who are in the front row comes to an end, and if they do not resume congregational prayers, the congregational prayers of the person in the back rows will be void. In fact, even if they resume, the validity of congregational prayers of the people in the back rows is questionable.

Issue 1448: * If a person joins the Imam in the second Rak'at, it is not necessary for him to recite Surah al-Hamd and Surah, but he may recite qunut and tashahhud with the Imam, and the precaution is that, at the time

of reciting tashahhud, he should keep the fingers of his hands and the inner part of his feet on the ground and raise his knees. And after the tashahhud, he should stand up with the Imam and should recite Surah al-Hamd and Surah. And if he does not have time for the other Surah, he should complete Surah al-Hamd, and join the Imam in Ruku, and if he cannot join the Imam in Ruku, he can discontinue Sura al-Hamd and join. But in this case, the recommended precaution is that he should complete his prayers as Furada.

Issue 1449: If a person joins the Imam when he is in the second Rak'at of the Salat having four Rak'ats, he should sit after the two Sajdah in the second Rak'at, which will be the third of the Imam, and reciteWajib parts of tashahhud, and should then stand up. And if he does not have time to recite the Tasbihat Arba'ah thrice, he should recite it once, and then join the Imam in Ruku.

Issue 1450: If Imam is in the third or fourth Rak'at, and one knows that if he joins him and recite Surah al-Hamd he will not be able to reach him in Ruku, as an obligatory precaution, he should wait till Imam goes to Ruku and then join.

Issue 1451: * If a person joins the Imam when he is in the state of qiyam of third or fourth Rak'at, he should recite Surah al-Hamd and the other Surah, and if he does not have time for the other Surah, he should complete Surah al-Hamd and join the Imam in Ruku. But if he has no time even for Surah al-Hamd, he may leave it incomplete and join Imam in Ruku. But in this case, the recommended precaution is that he should change to Furada.

Issue 1452: * If a person who knows that if he completes Surah or qunut, he will not be able to join the Imam in his Ruku, yet he purposely recites Surah or qunut, and misses the Imam in Ruku, his congregational prayer will be void, and should act accordingly to the rules of Furada prayers.

Issue 1453: * If a person is satisfied that if he commences a Surah or completes it, he will be able to join the Imam in his Ruku, provided that the Surah does not take very long, it is better for him to commence the Surah or to complete it, if he has already started. But if the Surah will take too long, till no semblance of congregation exists, he should not commence it, and if he has commenced it, he should not complete it.

Issue 1454: * If a person is sure that if he recites the other Surah, he will be able to join the Imam in Ruku, and then if he recites the Surah and misses the Imam in Ruku, his congregational prayers are in order.

Issue 1455: If Imam is standing, and the follower does not know in which Rak'at he is, he can join him, but he should recite Surah al-Hamd and the other Surah with the niyyat of Qurbat though he may come to know later that the Imam was in the first or second Rak'at.

Issue 1456: * If a person does not recite Surah al-Hamd and Surah, under the impression that the Imam is in the first or second Rak'at, and realises after Ruku that he was in the third or fourth, his prayers are in order. However, if he realises this before Ruku, he should recite Surah al-Hamd and the other Surah, and if he does not have sufficient time for this, he should act according to rule no. 1451.

Issue 1457: If a person recites Surah al-Hamd and Surah under the impression that the Imam is in the third or fourth Rak'at, and realises before

or after Ruku that he was in the first or second, his (i.e. the followers') prayers are in order, and if he realises this while reciting Surah al-Hamd and the other Surah, it will not be necessary for him to complete them.

Issue 1458: If a congregational prayer begins while a person is offering aMustahab prayers, and if he is not sure that if he completes hisMustahab prayers, he will be able to join the congregational prayers, it isMustahab to abandon theMustahab prayers, and join the congregational prayers. In fact, if he is not certain that he will be able to join the first Rak'at, he should follow this rule.

Issue 1459: If a congregational prayer begins while a person is offering a prayer of three or four Rak'ats, and if he has not gone into Ruku of the third Rak'at, and is not sure whether upon completion, he will be able to join the congregational prayers, it isMustahab to end the prayers with the niyyat ofMustahab prayers of two Raka'ts, and join the congregational prayers.

Issue 1460: If the prayers of the Imam comes to an end, but the follower is still reciting tashahhud or the first Salam, it is not necessary for him to make the intention of Furada.

Issue 1461: * If a person is behind the Imam by one Rak'at, it is better that when the Imam is reciting tashahhud of the last Rak'at, he (the follower) should place the fingers of his hands and the inner part of his feet on the ground, and raise his knees, and wait till the Imam says Salam of the prayers and then stand up. And if he makes niyyat of Furada at that very moment, there is no harm in it.

Qualification of an Imam of Congregational Prayers

Issue 1462: * The Imam of the congregational prayers should be:

• Adult (Baligh)

• Sane

• Ithna 'Ashari Shi'ah

• 'Adil

• Of legitimate birth

• Being able to offer the prayers correctly

Furthermore, if the follower is a male, the Imam also should be a male. To follow a boy of ten years of age is a matter ofIshkal .

Issue 1463: If a person who once considered an Imam to be 'Adil, doubts whether he continues to be 'Adil, he can follow him.

Issue 1464: A person who offers prayers standing, cannot follow a person who offers his prayers while sitting or lying, and a person who offers his prayers while sitting, cannot follow a person who offers his prayers while lying.

Issue 1465: A person who offers prayers sitting, can follow another person who offers his prayers while sitting. But if a person offers prayers while lying, for him to follow a person who offers prayers in sitting or lying position is a matter ofIshkal .

Issue 1466: If Imam, because of some justified excuse, leads the prayers in a najis dress, or with tayammum, or jabira Wudhu, it is permissible to follow him.

Issue 1467: If Imam is suffering from incontinence, whereby he cannot control his urine or excretion, it is permissible to follow him. Moreover, a woman, who is not mustahaza can follow a woman who is mustahaza.

Issue 1468: * It is better that a person who suffers from blotches or leprosy does not lead the congregational prayers, and, on the basis of obligatory precaution, a person who has been subjected to Islamic punishment should not be followed.

Rules of Congregational Prayers

Issue 1469: When a follower makes his niyyat, it is necessary for him to specify the Imam. But, it is not necessary for him to know his name. If he makes niyyat that he is following the Imam of the present congregation, his prayer is in order.

Issue 1470: It is necessary for the follower to recite all the things of the prayers himself, except Surah al-Hamd and the other Surah. However, if his first or second Rak'at coincides with third or fourth Rak'at of the Imam, he should recite Surah al-Hamd and Surah.

Issue 1471: If the follower hears Surah al-Hamd and Surah of Imam in the first and second Rak'at of the Fajr, Maghrib and Isha prayers, he should not recite them, even if he may not be able to distinguish the words. And if he does not hear the voice of the Imam, it isMustahab that he should recite Surah al-Hamd and Surah silently. But if he recites them loudly by mistake, there is no harm.

Issue 1472: * If the follower hears some words of Surah al-Hamd and the other Surah recited by Imam, he may recite as much as he cannot hear.

Issue 1473: If the follower recites Surah al-Hamd and the other Surah by mistake, or recites Surah al-Hamd and Surah thinking that the voice he heard was not the voice of Imam, and if he later realises that it was the voice of Imam, his prayers are in order.

Issue 1474: If a follower doubts whether he is hearing the voice of Imam, or if he does not know whether the voice he hears is that of Imam or someone else, he can recite Surah al-Hamd and the other Surah.

Issue 1475: *The follower should not recite Surah al-Hamd and Surah in the first and second Rak'ats of Zuhr and Asr prayers and it isMustahab that instead of them he should recite Zikr.

Issue 1476: The follower should not say Takbiratul ehram before the Imam. As an obligatory precaution, he should not say the takbir until the takbir of the Imam is completed.

Issue 1477: * If the follower says the Salam by mistake, before the Imam does it, his prayer is in order, and it is not necessary that he should say Salam again along with the Imam. And even if he says Salam before the Imam intentionally, there is no objection.

Issue 1478: * If a follower recites other parts of prayers other than Takbiratul ehram before the Imam, there is no objection. But, if he hears them being recited by the Imam, or if he knows when Imam is going to recite them, the recommended precaution is that he should not recite them before the Imam.

Issue 1479: It is necessary for the follower that, besides that which is recited in the prayers, he should perform all acts like Ruku and Sajdah with

the Imam or a little after him, and if he performs them before the Imam, or after a considerable delay, intentionally, his congregational prayers becomes void. However, if he converts to Furada, his prayers will be in order.

Issue 1480: * If a follower raises his head from Ruku before the Imam by mistake, and if the Imam is still in Ruku, he (the follower) should return to Ruku, and then raise his head with the Imam. In this case, the extra Ruku, which is a Rukn, will not invalidate the prayers. However, if Imam raises his head before the follower reaches him, as a precaution, the prayer of the follower will be void.

Issue 1481: * If a follower raises his head by mistake, and sees that the Imam is in Sajdah, as a precaution, he should return to Sajdah, and if it happens in both the Sajdah, the prayers will not be void, although a Rukn has been added.

Issue 1482: * If a person raises his head from Sajdah before the Imam by mistake, and as he returns to Sajdah he realises that the Imam has already raised his head, his prayer is in order. But, if it happens in both the Sajdah, as a precaution, his prayer is void.

Issue 1483: If a follower raises his head from Ruku or Sajdah before Imam by mistake, and does not return to Ruku or Sajdah forgetfully, or thinking that he will not reach the Imam, his congregational prayer is in order.

Issue 1484: If a follower raises his head from Sajdah and sees that the Imam is still in Sajdah, he joins the Imam in Sajdah thinking that it is Imam's first, and later realises that it was actually Imam's second, the follower should consider his own Sajdah also as second. But if he goes into Sajdah thinking that it is the second Sajdah of Imam, and later learns that it was Imam's first, he should join Imam in that Sajdah, and also in the subsequent one. In both the cases, however, it is better that he prays again, after completing the congregational prayers.

Issue 1485: If a follower goes to Ruku before the Imam by mistake, and realises that if he raises his head, he may reach some part of the Qir'at (surah) of the Imam, and if he does so, then goes to Ruku again with the Imam, his prayers are in order. And if he does not return intentionally, his prayers are void.

Issue 1486: If a follower goes to Ruku before Imam by mistake, and realises that if he returns to the state of Qiyam, he will not reach any part of the Qir'at of Imam, if he raises his head just for the sake of offering prayers with the Imam, and then goes to Ruku again with Imam, his congregational prayers are in order. Also, if he does not return (to the state of Qiyam) intentionally, his prayers will be in order, and will become Furada.

Issue 1487: If a follower goes to Sajdah before the Imam by mistake, and if he raises his head with the intention of joining Imam, and doing Sajdah with the Imam, his congregational prayers are in order. And if he does not return intentionally, his prayers are in order, but it will turn into Furada.

Issue 1488: If Imam mistakenly recites qunut in a Rak'at which does not have qunut, or recites tashahhud in a Rak'at which does not have tashahhud, the follower should not recite qunut or tashahhud. But, he cannot go to Ruku

before the Imam or rise before the Imam rises. In fact, he should wait till the qunut or tashahhud of Imam ends, and offer the remaining prayers with him.

Guidelines for Imam and the Follower

Issue 1489: * If there is only one male follower, it isMustahab that he stands at the right hand side of Imam, and if there is only one female follower, she will stand in the same direction, but slightly behind so that when she goes to Sajdah, her head is in line with Imam's knees. If there is one male, and one or more females in the congregation, the male will position himself to the right of Imam, and the females will all stand behind Imam. When there are many men and one or many women in the congregation, men will stand behind Imam, and women will stand behind the male followers.

Issue 1490: If Imam and the followers are both women, the obligatory precaution is that all of them should stand in a line, and the Imam should not stand in front of others.

Issue 1491: It isMustahab that the Imam positions himself in the middle of the line, and the learned and pious persons occupy the first row.

Issue 1492: It isMustahab that the rows of the congregation are properly arranged, and that there be no gap between the persons standing in one row; all standing shoulder to shoulder.

Issue 1493: It isMustahab that after the Qadqa matis salah' has been pronounced, the followers should rise.

Issue 1494: It isMustahab that the Imam of the congregation should take into account the condition of those followers who may be infirm or weaker, and should not prolong qunut, Ruku and Sajdah, except when he knows that the people following him are so inclined.

Issue 1495: It isMustahab that while reciting Surah al-Hamd and the other Surah, and the Zikr loudly, the Imam of the congregation makes his voice audible. But care must be taken to see that the voice is not abnormally loud.

Issue 1496: If Imam realises in Ruku, that a person who has just arrived wants to join him, it isMustahab that he prolongs the Ruku twice over. He should then stand up, even if he may realise that another person has also arrived to join.

Things which are Makrooh in Congregational Prayers

Issue 1497: If there is vacant space in the rows of the congregation, it is Makrooh for a person to stand alone.

Issue 1498: It is Makrooh for the follower to recite the Zikr in the prayers in such a way that Imam hears them.

Issue 1499: It is Makrooh for a traveller, who offers Zuhr, Asr and Isha prayers in shortened form (two Rak'ats), to follow a person who is not a traveller. And it is Makrooh for a person who is not a traveller to follow a traveller in those prayers.