Islamic Laws

Islamic Laws0%

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

Islamic Laws

Author: Ayatullah Seyyed Ali Sistani
Publisher: World Federation of KSI Muslim Communities
Category:

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Islamic Laws
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Islamic Laws

Islamic Laws

Author:
Publisher: World Federation of KSI Muslim Communities
English

Najis Things

Issue 84: * The following ten things are essentially najis:

• Urine

• Faeces

• Semen

• Dead body

• Blood

• Dog

• Pig

• Kafir

• Alcoholic liquors

• The sweat of an animal who persistently eats najasat.

Urine and Faeces

Issue 85: * Urine and faeces of the following living beings are najis:

• Human beings

• Animals whose meat is haraam to eat, and whose blood gushes out forcefully when its large vein (jugular) is slit.

The excretion of those animals who are haraam to eat, but its blood does not gush forth forcefully when killed, like haraam fish, is Clean (tahir/pak ). Similarly, droppings of mosquito and flies are Clean (tahir/pak ). Of course, the urine of an animal whose meat is haraam, should be avoided as per obligatory precaution, even if its blood does not gush forth when killed.

Issue 86: The urine and droppings of those birds which are haraam to eat, is Clean (tahir/pak ), but it is better to avoid them.

Issue 87: * The urine and excretion of an animal who subsists on najasat, and of a goat who was nursed by a pig, and of a quadruped who has been defiled by a human being, are najis.

Semen

Issue 88: The semen of human beings, and of every animal whose blood gushes when its large vein (jugular) is cut, is najis.

Dead Body

Issue 89: The dead body of a human being is najis. Similarly the dead body of any animal whose blood gushes forth with force is najis, irrespective of whether it dies a natural death, or is killed in a manner other than that prescribed by Islam. As the blood o f a fish does not gush forth, its dead body is Clean (tahir/pak ), even if it dies in water.

Issue 90: Those parts of a dead body which do not contain life like, wool, hair, teeth, nails, bones and horns are Clean (tahir/pak ).

Issue 91: If flesh, or any other part which contains life, is cut off from the body of a living human being, or a living animal whose blood gushes forth, it will be najis.

Issue 92: Small pieces of skin which peel off from the lips, or other parts of the body, are Clean (tahir/pak ).

Issue 93: * An egg from the body of a dead hen, is Clean (tahir/pak ), but its exterior must be washed.

Issue 94: If a lamb or a kid dies before it is able to graze, the rennet (cheese) found in its stomach is Clean (tahir/pak ), but its exterior should be washed with water.

Issue 95: The liquid medicines, perfumes, ghee, soap and wax polish which are imported, are Clean (tahir/pak ), if one is not sure of their being najis.

Issue 96: Fat, meat or hide of an animal, about which there is a probability that it may have been slaughtered according to the Islamic law, are Clean (tahir/pak ). However, if these things are obtained from a non-Muslim, or from a Muslim who himself obtained them from a non -Muslim, without investigating whether the animal was slaughtered according to Islamic law, it is haraam to eat that meat and fat, but Salat in that hide will be permissible. But, if these things are obtained from Muslim Bazaar, or a Muslim, and it is not known that he got them from a non-Muslim, or if it is known that he got from a non-Muslim but there is a great probability that he has investigated about it being slaughtered according to Shariah, then eating such meat and fat is permissible.

Blood

Issue 97: The blood of a human being, and of every animal whose blood gushes forth when its large vein is cut, is najis. The blood of an animal like a fish, or an insect like mosquito, is Clean (tahir/pak ) because it does not gush forth..

Issue 98: * If an animal whose meat is halal to eat, is slaughtered in accordance with the method prescribed by Shariah, and enough blood flows out, the blood of which is still left in its body is Clean (tahir/pak ). However, the blood which goes back into the body of the a nimal due to breath, or because of its head having been at a higher level at the time of its slaughtering, is najis.

Issue 99: As a recommended precaution, one should refrain from eating an egg which has even the smallest amount of blood in it. However, if the blood is in the yolk (yellow potion) the albumen (white portion) will be Clean (tahir/pak ), as long as the skin over the yolk is not torn.

Issue 100: The blood which is sometimes seen while milking an animal, is najis, and makes the milk najis.

Issue 101: If the blood which comes from inside the teeth, vanishes as it gets mixed with the saliva, the saliva is Clean (tahir/pak ).

Issue 102: * If the blood which dries under the nail or skin, on account of being hurt, can no longer be called blood, it is Clean (tahir/pak ). But if it is blood and is seen as such, then it is najis. And if a hole appears in the nail or the skin, and if it is difficult t o remove the blood and to make it Clean (tahir/pak ) for the purpose of Wudhu or Ghusl, then one should performtayammum .

Issue 103: If a person cannot discern whether it is dried blood under the skin, or that the flesh has turned that way because of being hit, it is Clean (tahir/pak ).

Issue 104: * Even a small particle of blood falling in the food, while it is being boiled, will make the entire food together with its container najis, as

per obligatory precaution, and boiling, heat, or fire does not make it Clean (tahir/pak ).

Issue 105: When a wound is healing, and pus forms around it, that substance is Clean (tahir/pak ) if it is not known to have been mixed with blood.

Dogs and Pigs

Issue 106: The dogs and pigs which live on land are najis, and even their hair, bones, paws and nails, and every liquid substance of their body, is najis. However, sea dogs and pigs are Clean (tahir/pak ).

Kafir

Issue 107: * An infidel i.e. a person who does not believe in Allah and His Oneness, is najis. Similarly, Ghulat who believe in any of the holy twelve Imams as God, or that they are incarnations of God, and Khawarij and Nawasib who express enmity towards th e holy Imams, are also najis. And similar is the case of those who deny Prophethood, or any of the necessary laws of Islam, like, Salat and fasting, which are believed by the Muslims as a part of Islam, and which they also know as such.

As regards the people of the Book (i.e. the Jews and the Christians) who do not accept the Prophethood of Prophet Muhammad bin Abdullah (Peace be upon him and his progeny), they are commonly considered najis, but it is not improbable that they are Clean (tahir/pak ). Ho wever, it is better to avoid them.

Issue 108: The entire body of a Kafir, including his hair and nails, and all liquid substances of his body, are najis.

Issue 109: * If the parents, paternal grandmother and paternal grandfather of a minor child are all kafir, that child is najis, except when he is intelligent enough, and professes Islam. When, even one person from his parents or grandparents is a Muslim, the child is Clean (tahir/pak ) (The details will be explained in rule 217).

Issue 110: * A person about whom it is not known whether he is a Muslim or not, and if no signs exist to establish him as a Muslim, he will be considered Clean (tahir/pak ). But he will not have the privileges of a Muslim, like, he cannot marry a Muslim woman, nor can he be buried in a Muslim cemetery.

Issue 111: Any person who abuses any of the twelve holy Imams on account of enmity, is najis.

Alcoholic Liquor

Issue 112: * All Alcoholic liquors and beverages which intoxicate a person, are najis and on the basis of recommended precaution, everything which is originally liquid and intoxicates a person, is najis. Hence narcotics, like, opium and hemp, which are not li quid originally, are Clean (tahir/pak ), even when a liquid is added to them.

Issue 113: All kinds of industrial alcohol used for painting doors, windows, tables, chairs etc. are Clean (tahir/pak ).

Issue 114: If grapes or grape juice ferments by itself, or on being cooked, they are Clean (tahir/pak ), but it is haraam to eat or drink them.

Issue 115: If dates, currants and raisins, and their juice ferment, they are Clean (tahir/pak ) and it is halal to eat them.

Beer (Fuqa')

Issue 116: * Beer, which is prepared from barley, and is called 'Ab-i-Jaw', is haraam, but there is Ishkal in it being najis. But barley water which is medically prepared, and is called 'Maush- Shaeer', is Clean (tahir/pak ).

Sweat of an Animal Who Persistently Eats Najasat

Issue 117: * The perspiration of a camel which eats najasat, and the perspiration of every animal which is habituated to eat najasat, is najis.

Issue 118: * The perspiration of a person who enters the state of Janabat by haraam act is Clean (tahir/pak ), but on the basis of recommended precaution, Salat should not be offered with that sweat. Similarly sexual intercourse with the wife in her menses, knowingly, will be considered as Janabat by haraam act.

Issue 119: If a person has sexual intercourse with his wife at a time when it is forbidden, like, in the month of Ramadhan during fasting, his perspiration will not be classified with the perspiration of those who become Mujnib by haraam act.

Issue 120: If a person in Janabat by haraam act does tayammum instead of Ghusl, and perspires after performing tayammum, his perspiration will be governed by the same rules which applied to his perspiration before the tayammum.

Issue 121: If a person becomes Mujnib by haraam act, and then engages in lawful sexual intercourse with his wife, the recommended precaution for him is that he should not offer prayers with his perspiration. But if he has lawful sexual intercourse in th e first instance, and then commits the haraam act, his perspiration will not be treated as the perspiration of a person who has become Mujnib by haraam act.

Ways of Proving Najasat

Issue 122: * There are three ways of proving the najasat of anything:

One should be certain, or satisfied that something is najis. If one suspects that something may be najis, it is not necessary to avoid it. Accordingly, eating or drinking at stalls and guest houses where public goes to eat, and where people without scruples about najasat frequent, is allowed unless one knows that the food supplied is najis.

If a reliable person who possesses, controls or manages a thing, says that it is najis. For example, if the wife, or a servant, or a maid says that a particular utensil or any other object which she handles, is najis, it will be accepted as najis.

If two just persons testify that a certain thing is najis, provided that their testimony deals with the reason for najasat.

Issue 123: If a person does not know whether a thing is Clean (tahir/pak ) or najis because of ignorance, for example, if he does not know whether the droppings of a rat is Clean (tahir/pak ) or not, he should enquire from those who know. But, if he knows the rule, and doubts the nature of particular thing, like when he doubts whether a thing is blood or not, or if he does not know whether it is the blood of a mosquito or a human being, the thing is

Clean (tahir/pak ), and it is not necessary to make investigation or enquiry about it. 124. A thing which was originally najis, and one doubts whether it has become Clean (tahir/pak ), will be considered as najis. Conversely, if a thing was originally Clean (tahir/pak ), and if one doubts whether it has become najis, it will be considered Clean (tahir/pak ). And it is not necessary t o ascertain, even if it is possible to do so.

Issue 125: If a person knows that out of the two vessels, or two dresses used by him, one has become najis, but cannot identify it, he should refrain from using both of them. But if he does not know whether it is his own dress, or the dress which is no longer possessed by him, or is the property of some other person, which has become najis, then it is not necessary for him to refrain from using his own dress.

How a Clean (tahir/pak) Thing Becomes Najis

Issue 126: * If a Clean (tahir/pak ) thing touches a najis thing and if either or both of them are so wet that the wetness of one reaches the other, the Clean (tahir/pak ) thing will become najis. Similarly, if the wetness of the thing which has become najis, touches a third thing, that t hird thing will also become najis. It is commonly held by the scholars, that a thing which has become najis transmits its najasat, but indefinite number of transmissions is improbable. In fact, after certain stage it is Clean (tahir/pak ). For example, if the right hand of a person becomes najis with urine, and then, while still wet, it touches his left hand, the left hand will also become najis. Now, if the left hand after having dried up, touches a wet cloth, that cloth will also become najis, but, if that cloth touc hes another wet thing, it cannot be said to be najis. In any case, if the wetness is so little, that it does not affect the other thing, then the Clean (tahir/pak ) thing will not become najis, even if it had contacted the Najisul Ayn.

Issue 127: If a Clean (tahir/pak ) thing touches a najis thing and one doubts whether either or both of them were wet or not, the Clean (tahir/pak ) thing does not become najis.

Issue 128: * If there are two things and one does not know which of them is Clean (tahir/pak ), and which is najis, and later a damp Clean (tahir/pak ) thing touches one of them, that thing does not become najis.

Issue 129: If the ground, cloth, or similar things are wet, then only that part will become najis where najasat reaches, and the remaining part will remain Clean (tahir/pak ). Same is the case with melon, cucumber etc.

Issue 130: When a syrup or ghee is in a fluid state, in a manner that if some quantity of it is removed, it does not leave an empty trace, the entire quantity will become najis immediately when even their slightest part becomes najis. But if it has solidified, and when some part of it is removed, a trace of emptiness is seen, then only that part will be najis which has come in contact with najasat, even if the empty trace gets filled up later. So, if the droppings of a rat fall on it, only that part will becom e najis on which the droppings have fallen, and the rest will remain Clean (tahir/pak ).

Issue 131: If a fly or an insect sits on wet, najis thing, and later sits on wet, Clean (tahir/pak ) thing, the Clean (tahir/pak ) thing will become najis, if one is sure that the insect was carrying najasat with it, and if one is not sure, then it remains Clean (tahir/pak ).

Issue 132: If a part of one's body which is perspiring becomes najis, all those parts to which the sweat reaches, will become najis. Where it does not reach will remain Clean (tahir/pak ).

Issue 133: * If there is blood in the phlegm, or substance which comes out of the nose or throat, the part with blood will be najis, and the remaining part will be Clean (tahir/pak ). Hence, if these substances come out of the mouth, or the nose, the part about which one is sure that najasat has reached, will be najis, and the part about which one is doubtful whether najasat has reached it or not, will be considered Clean (tahir/pak ).

Issue 134: * If an ewer or a vessel with a hole in its bottom, is placed on najis ground, and its water ceases to flow, allowing water to collect under it, till it is seen as one with the water inside the vessel, the water in the vessel will be najis. However, if the water inside the vessel continues to flow forcefully, it will not become najis.

Issue 135: If a thing enters the body reaching najasat, but has no trace of it when brought out of the body, it is Clean (tahir/pak ). Hence, if the apparatus of enema, or its water, enters one's rectum, or a needle or knife, or any other similar thing, is driven into the bo dy and has no trace of najasat when it is taken out later, it is not najis. Same is the case with sputum and mucus of the nose, if it contacts blood within the body, but does not have any trace of blood when it comes out of the body.

Rules Regarding Najasaat

Issue 136: To make the script and pages of holy Qur'an najis, and violate its sanctity, is undoubtedly haraam, and if it becomes najis, it should be made Clean (tahir/pak ) immediately with water. In fact, as an obligatory precaution, it is haraam to make it najis even if no violation of sanctity is intended, and it is obligatory that it should be made Clean (tahir/pak ) by washing it with water.

Issue 137: If the cover of the holy Qur'an becomes najis, causing its desecration, the cover should be made Clean (tahir/pak ) by washing it with water.

Issue 138: * Placing the holy Qur'an on a Najisul Ayn, like, blood, or a dead body, even if it be dry, is haraam, if the intention is to profane it.

Issue 139: Writing the holy Qur'an with najis ink, even one letter of it, amounts to making it najis. And if written, it should be erased or washed off.

Issue 140: If giving the holy Qur'an to a non-believer involves its desecration, it is haraam to give it to him, and it is obligatory to take it back from him.

Issue 141: If a page from the holy Qur'an, or any sacred object like a paper on which the names of Almighty Allah or the Holy Prophet or the holy Imams are written, falls in a lavatory, it is obligatory to take it out and make it Clean (tahir/pak ) with water, no matter what expenses it may entail. And, if it is not possible to take it out, the use of that lavatory should be discontinued till such time when one is certain that the page has dissolved and petered out. Similarly, if Turbatul Husayn (the sacred earth of Karbala, usually formed into a tablets to place one's forehead on, while offering prayers) falls into lavatory, and it is not possible to take it out, the lavatory

should not be used until one becomes sure that it (Turbatul Husayn) has ceased to exist, and no tra ce of it is present there.

Issue 142: It is haraam to eat or drink or make others eat or drink something which has become najis. However, one may give such a thing to a child, or an insane person. And if a child or an insane person eats or drinks najis thing on his own accord, or makes food najis with his najis hands before consuming it, it is not necessary to stop him from doing so.

Issue 143: * To sell or lend a najis thing which can be made Clean (tahir/pak ), has no objection, but the buyer or the borrower must be told about it, particularly in the following two situations:

That if he is not informed, he might contravene the law of Shariah, like, if he wants to eat or drink it. Otherwise, it is not necessary to inform.

That the buyer or the borrower will pay heed to the advice. If one knows that it will have no effect, it will not be necessary to tell him.

Issue 144: If a person sees someone eat or drink something najis, or pray with a najis dress, it is not necessary to admonish him.

Issue 145: * If a place or carpet of a man's house is najis, and if he sees that the wet body or dress of his visitor will touch the najis thing, since it is he who is responsible, therefore he should inform the visitor, provided the two situations mentioned in rule 143 obtain.

Issue 146: * If the host comes to know during the meals, that the food is najis, he should inform the guests about it. But if one of the guests becomes aware of it, it is not necessary for him to inform others about it. However, if his dealings with the other guests are such, that he himself may become najis, or be involved in Najasat if they became najis, he should inform them.

Issue 147: * If a borrowed object becomes najis, the borrower must inform the owner, provided the situations mentioned in rule 143 is observed.

Issue 148: * If a child says that a thing is najis, or that he has washed and made it Clean (tahir/pak ), his word should not be accepted. But, if he is about to attain the age of puberty, and assures that he has washed and made it Clean (tahir/pak ), his word should be accepted if the t hing is normally in his charge, and if he is reliable.