Prohibition of Two Lawful Pleasures: A Critical Assessment of Prohibition of Mut'a of Hajj and Mut'a Marriage

Prohibition of Two Lawful Pleasures: A Critical Assessment of Prohibition of Mut'a of Hajj and Mut'a Marriage Author:
Translator: Sayyid Abur Rauf Afzali
Publisher: www.shiaword.net
Category: Various Books

Prohibition of Two Lawful Pleasures: A Critical Assessment of Prohibition of Mut'a of Hajj and Mut'a Marriage
  • Start
  • Previous
  • 11 /
  • Next
  • End
  •  
  • Download HTML
  • Download Word
  • Download PDF
  • visits: 4944 / Download: 3792
Size Size Size
Prohibition of Two Lawful Pleasures: A Critical Assessment of Prohibition of Mut'a of Hajj and Mut'a Marriage

Prohibition of Two Lawful Pleasures: A Critical Assessment of Prohibition of Mut'a of Hajj and Mut'a Marriage

Author:
Publisher: www.shiaword.net
English

Islamic Truths Center

Prohibition of Two Lawful Pleasures

A Critical Assessment of Prohibition of Mut'a of Hajj and Mut'a Marriage

Author: Ayatollah Sayyid Ali Husaini Milani

Translator: Dr. S.A.R. Afzali

Table of Contents

Forward. 5

Prohibition of Two lawful pleasures 7

Umar bin Khattab: 7

Author’s Preface 8

Preface 9

Section One: Mut'a of hajj 10

What is the mut'a of hajj? 10

The prohibition of two mut'as and Imam Ali's opinion. 10

Great companions on prohibition of two mut'as 10

Ibn Abbas 10

Sa'ad bin Abi Waqqas 11

Abu Musa 'Ash'ari 11

Jabir bin Abdullah Ansari 11

Abdullah bin Umar 11

Imran bin Husain. 12

Ibn Taymiyya defends Umar but admits his mistake 12

Section Two: Temporary Marriage 14

What is temporary marriage? 14

Arguments for temporary marriage 14

Temporary marriage and Quranic Argument for it 14

Temporary marriage in tradition. 15

Temporary marriage and consensus 15

Umar forbids temporary marriage 15

Great companions and prohibition of temporary marriage 17

A defense of Umar 18

Three distinctive opinions 18

A critique of first opinion. 19

A critique of the third opinion. 19

A critique of the second view. 21

Prohibition happens in year of conquest of Mecca 22

Prohibition happens in battle of Tabuk. 22

Prohibition occurs in battle of Hunain. 22

Prohibition of temporary marriage in battle of Khaibar 22

Common criticisms 23

Evaluation of prohibition in conquest of Mecca 24

An evaluation of prohibition in battle of Hunain. 24

Evaluation of prohibition in battle of Tabuk. 25

An evaluation of prohibition in battle of Khaibar 25

Contradiction on time of prohibition. 26

Sunni narrators and playing with Khaibar tradition. 27

Points on signification of Khaibar tradition. 28

Points concerning traditions narrated from Imam Ali (a.s) 29

A glance at life of Zuhri 30

Bibliography. 32

Notes 34

In the Name of God the Beneficent the Merciful

In the Name of God the Beneficent the Merciful

Forward

With the prophetic mission of Hazrat Muhammad (s), the seal of the prophets, the last and the most perfect divine religion was conveyed to humanity and prophethood came to an end.

The religion of Islam emerged in Mecca but after twenty three years of arduous efforts made by the Messenger Allah (s) and a handful of his loyal companions it spread all over the Arabian Peninsula.

The continuation of this divine mission was a task that was entrusted publicly on Dhul Hijja, the eighteenth, by Allah, the Glorious, to Ali (a.s), the commander of the faithful and the first personality after the Holy Prophet (a) in the world of Islam.

With the proclamation of Hazrat Ali’s guardianship and succession on this day, divine blessings were completed and the religion of Islam was perfected, being announced as the only religion chosen by Allah. That was how unbelievers and pagans got disappointed from destroying Islam.

Soon after [the demise of the Messenger of Allah (s)], some of the companions of the Holy Prophet (s) based on their pre-hatched conspiracies, brought deviation in the course of guidance and leadership. They closed the gate of the city of knowledge putting Muslims in perplexity. From the very beginning of their rule, they placed the truths of Islam – that were like shinning sun – behind the dark clouds of doubt and skepticism by putting a ban on recording prophetic traditions , spreading fabricated traditions , casting doubts and using hypocrisy and deception.

Obviously, in spite of all conspiracies hatched by the enemies of Islam, the truths of Islam and noble sayings of the Messenger of Allah (s) were promulgated by the Commander of the Faithful, Ali (a.s.), his successors and a few of his devout companions and those truths kept flowing and manifesting themselves in one way or the other in the course of history. By explaining the truths, they did away with the doubts, hesitation, illusions, and unfounded beliefs inculcated by the enemies of Islam, making truths clear to all.

In this respect, great scholars and men of knowledge such as Sheikh Mufid, Sayyid Murtadha, Khaja Nasir, Allamah Hilli, Qadhi Nurullah, Mir Hamid Husain, Sayyid Sharafuddin, Allamah Amini etc. are like shining stars for they are the ones who defended Islamic truths, explained the realities of the school of Ahlulbayt (a.s.) and dealt with spurious arguments using their tongues and pens.

In our era, one of the of the scholars and researchers who has, with his eloquent pen and expressive writing, explained the truths of the religion of Islam and astutely defended the leadership and wilayah (guardianship) of the Commander of the Faithful, Ali (a.s.) is Ayatollah Sayyid Ali Husaini Milani.

The Islamic Truths Center is proud to embark on reviving the fruitful and precious works of that great researcher by reviewing, translating and publishing them in a bid to make them available to students, scientific figures and those who are in search for Islamic truths.

The book in your hand is a translation of one of his works, intended to acquaint the English audience with Islamic truths. It is expected that this humble effort will earn the pleasure of the Remnant of Allah, the Imam of Time [the twelfth Shiite Imam] may Allah hasten his reappearance.

Islamic Truths Center

Prohibition of Two lawful pleasures

Umar bin Khattab:

Two pleasures were lawful and current during the time of the Holy Prophet (s). I prohibit those both of them and punish those who commit them. They are mut'a (pleasure) of hajj and mut'a (temporary) marriage.[1]

Author’s Preface

In the name of Allah, the Beneficent, the Merciful

All praise is due to Allah, the Lord of the worlds and may prayer and peace be upon our master and Prophet, Muhammad, and his pure progeny, and may Allah’s curse be upon all their enemies from the first to the last one.

In Islamic rulings, we have two Mut'as, Mut'a of hajj and Mut'a (temporary) marriage. Muslim scholars have from long time ago seriously discussed these two issues from different angles. They have always paid attention to them. Scholars of past and present have written many books in this regard, with each one looking from a particular angle at them.

Some scholars of tradition have narrated a tradition from the Holy Prophet (s) which prohibits temporary marriage. The present work studies and analyses these issues in a critical manner. Most of these traditions are narrated by Bukhari and Muslim from Imam Ali (a.s), commander of the faithful. As an instance, in his Sahih, Muslim Nayshaburi narrates: When Imam Ali (a.s) learns that Ibn Abbas is of the view that Mut'a is permissible, he, addressing him, says: You are a forgetful person. The Holy Prophet (s) prohibited us from temporary marriage in the battle of Khaibar.

These traditions are forged and fabricated. Anyone who studies impartially the chains and significations of them agrees that they are so (forged and fabricated).

The present work studies the chains of these traditions on the basis of the opinions expressed by great and reliable Sunni scholars. It also evaluates the main parts of these traditions comparing their texts with each other with the aim to make the truth plain in regard with these traditions. These assessments are made within two sections. The first section is on Mut'a of hajj and the second on temporary marriage.

We ask Allah the Exalted to make this discussion a useful one for scholars and researchers. It is Allah in whose hand lies success.

Ali Husaini Milani

Preface

There is consensus among Muslims that there are verses in the Holy Quran on mut'a of hajj and temporary marriage. In regard with mut'a of hajj Allah says:

فَمَنْ تَمَتَّعَ بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ فَمَنْ لَمْ يَجِدْ فَصِيامُ ثَلاثَةِ أَيَّامٍ فِي الْحَجِّ وَ سَبْعَةٍ إِذا رَجَعْتُمْ تِلْكَ عَشَرَةٌ كامِلَةٌ ذلِكَ لِمَنْ لَمْ يَكُنْ أَهْلُهُ حاضِرِي الْمَسْجِدِ الْحَرامِ وَ اتَّقُوا اللَّهَ وَ اعْلَمُوا أَنَّ اللَّهَ شَدِيدُ الْعِقابِ[2]

But when the pilgrim is secure [from the enemy or illness ] then whoever performs Hajj following 'Umrah, he must make an offering easily available, but he who is not able to find any offering he should fast three days during the hajj and seven days after his return to his home, making ten days complete. This is for him whose household does not live near the Sacred Mosque. Fear from the disobedience of Allah's commands and know that Allah is the server in punishment.

فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَ لا جُناحَ عَلَيْكُمْ فِيما تَراضَيْتُمْ بِهِ مِنْ بَعْدِ الْفَرِيضَةِ إِنَّ اللَّهَ كانَ عَلِيماً حَكِيماً[3]

If you marry them for the appointed time you must pay their dowries. There is no harm if you reach an understanding among yourselves about the dowry. God is All-knowing and All-wise.

Obviously, Muslims acted in accordance with these verses until Umar bin Khattab after assuming caliphate declared:

Two pleasures were lawful and current during the time of the Holy Prophet (s). I prohibit both of them and punish those who commit them. They are mut'a of hajj and temporary marriage.

Thus there emerged difference among Muslims. The followers of Umar, who considered his words as a part of their principles were perplexed as how to justify his words which were as he himself admitted in contradiction with Allah's commandment. Umar himself said that two pleasure were lawful and he prohibited them.

Section One: Mut'a of hajj

What is the mut'a of hajj?

In mut'a of hajj, a pilgrim wears ihram garment in hajj months at Miqat and then leaves it for the house of Allah in order to perform Tamattu'a Hajj. [After arriving at the house of Allah], He circumambulates, walks between Safa and Mawa, does taqsir[4] and then gets out of the state of ihram. Thereupon he once again enters the state of ihram in the same journey in Mecca or preferably at the Sacred Mosque. Thereupon he goes towards 'Arafat and Mash'ar al-Haram performing hajj rituals to the end.

By doing this, he is able to perform tamatu'a hajj and Umra [in the same journey]. The term 'mut'a' means pleasure and enjoyment. In this kind of hajj, things that are prohibited during ihram, are allowed in the interval between ihrams. That is why it is called mut'a of hajj.

The prohibition of two mut'as and Imam Ali's opinion

When Umar prohibited those two lawful pleasures [muta' of hajj and mut'a marriage], Imam Ali (a.s), the guardian of Shari'a laws and the supporter of the Holy Prophet (s) stood against it.

Ahmad bin Hanbal and Muslim Nayshaburi have narrated certain traditions in this respect. Ahmad quotes Abdullah bin Shafiq as saying: Uthman used to prohibit mut'a and Ali (a.s) used to allow it. Addressing Uthman, Ali (a.s) said: You are so and so![5]

Thereupon Ali (a.s) said: You know very well that we used to practice mut'a at the time of the Holy Prophet (s).

Uthman said: Yes, but we entertained fear.[6]

In another tradition, Sa'eed bin Musayyab says:

'Ali and 'Uthman differed on Hajj-at-Tamattu' while they were at 'Usfan (a familiar place near Mecca). 'Ali said, "I see you want to forbid people from doing a thing that the Prophet did?" When 'Ali saw that, he assumed Ihram for both Hajj and 'Umra.[7]

In another tradition, Marwan bin Hakam says:

I saw 'Uthman and 'Ali. 'Uthman used to forbid people from performing Hajj-at-Tamattu' and Hajj-al-Qiran (Hajj and 'Umra together), and when 'Ali saw (this act of 'Uthman), he assumed Ihram for Hajj and 'Umra together saying, "Labbaik for 'Umra and Hajj," and said, "I will not leave the tradition of the Prophet on the saying of somebody."[8]

Great companions on prohibition of two mut'as

The great companions of the Holy Prophet (s) have also confirmed the stance that Imam Ali (a.s) took in regard with the prohibition of the two mut'as. Here are the views of some of them:

Ibn Abbas

One of the companions who has rejected Umar's opinion is Ibn Abbas. In his Musnad, Ahmad bin Hanbal narrates:

Once Ibn Abbas said: The Holy Prophet used to perform mut'a of hajj.

'Arwa bin Zubair said: Abu Bakr and Umar prohibited mut'a of hajj.

Belittling him, Ibn Abbas said: What does this little 'Arwa say?

'Arwa said: I said that Abu Bakr and Umar prohibited mut'a of hajj.

In response Ibn Abbas said: I think they are perished! I say that the Holy Prophet says so and so and he says that Abu Bakr and Umar forbade people from doing it![9]

Sa'ad bin Abi Waqqas

Sa'ad bin Abi Waqqas did not accept Umar's opinion either. In hisSunan , Tirmidhi quotes Muhammad bin Abdullah bin Harith bin Nufil as saying: Sa'ad bin Waqqas and Dahhak bin Qays were talking on muta' of hajj. Dahhak bin Qays said that no one except someone who does not know about shari'a laws does it (mut'a of hajj).

Sa'ad said: My nephew! How bad your idea is!

Dahhak said: Umar bin Khattab has prohibited it (mut'a of hajj).

Sa'ad said: The Messenger of Allah did it and following him we did it too.

After quoting this tradition, Tirmidhi says that the chain of this tradition is authentic.[10]

Abu Musa 'Ash'ari

Another companion who has refused to accept Umar's opinion is Abu Musa Ash'ari. In hisMusnad , Ahmad says: Abu Musa always decreed that mut'a of hajj was permissible. One day a man addressing him, said: Review some of your decrees, as you do not know that Umar, commander of the faithful has given a new decree concerning hajj rituals!

Thereupon, Abu Musa met Umar and asked him about it. In response, Umar said: I know that the Holy Prophet (s) did it and his companions also, following him, did it, but I did not like Muslims to (leave mut'a of hajj and) make sex with their wives under these arak[11] trees and then perform hajj rituals while their heads and hairs are wet.[12]

Jabir bin Abdullah Ansari

Jabir bin Abdullah Ansari was also among the companions who were opposed to Umar's opinion concerning mut'a of hajj. Muslim in hisSahih and others have reported the following:

Abu Nadra reported: Ibn'Abbas continued to decree that mut'a of hajj was permissible, but Ibn Zubair forbade doing it. I made a mention of it to Jabir b. Abdullih and he said: It is through me that this hadith has been circulated. We entered into the state of Ihram as Tamattu' with the Messenger of Allah (may peace be upon him). When 'Umar was Installed as Caliph, he said: Verily Allah made permissible for His Messenger (may peace be upon him) whatever He liked. Quran is revealed for a particular occasion. Now however separate hajj from umra (mut'a of hajj) and leave aside temporary marriage. And any person would come to me with a marriage of appointed duration (Mut'a), I would stone him (to death).[13]

Abdullah bin Umar

Abdullah bin Umar was also opposed to his father's decree concerning mut'a of hajj. When he was asked about mut'a of hajj, he said, "Mut'a of hajj is permissible". When the questioner said that his father had forbidden it, he said, "If my father forbade it and the Holy Prophet permitted it, whom

should we follow, my father or the Holy Prophet (s)?" When the questioner said 'indeed the Messenger of Allah's command', Abdullah bin Umar said, "The Messenger of Allah (s) did it himself".[14]

Imran bin Husain

According to Ibn Abd al-Barr in hisal-Isti'ab and Ibn Hajar Asqalani in hisal-Isaba, Imran bin Husain was one of the great companions and jurists.[15] During the last days of his life, he was extremely critical of Umar's opinion. Muslim narrates a tradition as under:

Mutarrif reported: 'Imran bin Husain sent for me during his illness of which he died, and said: I am narrating to you some traditions which may benefit you after me. If I live you conceal (the fact that these have been transmitted by me), and if I die, then you narrate them if you like (and these are): I am blessed, and bear in mind that the Messenger of Allah (may peace be upon him) combined Hajj and Umra. Then no verse was revealed in regard to it in the Book of Allah (which abrogated it) and the Apostle of Allah (may peace be upon him) did not forbid (from doing it). And whatever a person (Umar) said was out of his personal opinion.[16]

Commenting on traditions that indicate that Imran bin Hasin was denying it, Nawavi says, "All these traditions unanimously agree that Imran intended to say that mut'a of hajj and qiran hajj[17] both were permissible. This tradition likewise clearly indicates that Imran is critical of Umar's decree concerning mut'a of hajj".[18]

Ibn Taymiyya defends Umar but admits his mistake

Ibn Taymiyya, a great Sunni scholar has also commented in this regard. Defending Umar's opinion concerning women, he says that Umar wanted to order [his followers] to do a better thing. To substantiate his point of view, he resorts to Ibn Umar's words, saying that Abdullah bin Umar used to allow mut'a. When he was told that his father had prohibited it, he said that his father meant something else [from prohibiting Mut'a].

In short, Ibn Taymiyya wants to say that the prohibition verdict issued by Umar was something acting on which was optional not compulsory, implying that Umar did not really prohibit the said two mut'as.[19]

In my point of view, the justification on the bases of which Umar wanted to order his people to do a better thing is not acceptable at all. This is utterly false and ridiculous. On the other hand, he has attributed something to Ibn Umar, which is in contradiction with what is narrated from Ibn Umar in Sunni books. According to Ibn Kathir, Abdullah used to oppose his father to the extent that when he was told that his father used to prohibit mut'a, he said, "I am afraid lest Allah descends stones from the sky on you! The Messenger of Allah (s) used to do it. Whose tradition should we now follow, the Holy Prophet's tradition or Umar's?![20]

The main point in Ibn Taymiyya's words is his denial of Umar's opinion according to which the said two mut'as are forbidden.[21] A group of scholars have however, as we will mention, narrated this opinion.

Nevertheless, it seems that Ibn Taymiyya has sensed that his struggles for the justification of Umar's stand are in vain, leading nowhere. That is why he helplessly mentions that Sunni scholars are unanimous that it is only the

Messenger o Allah whose deeds are authoritative and we are supposed to follow them. According to him, on the view of Sunni scholars all human beings except the Holy Prophet (s) are prone to error and Umar is no exception to this rule.[22]

The stand taken by Umar is considered to be an 'innovation', being an instance of the tradition reported by Abu Musa Ash'ari, who quotes the Holy Prophet as saying:

أَنَا فَرَطُكُمْ عَلَى الْحَوْضِ وَلَيُرْفَعَنَّ مَعِي رِجَالٌ مِنْكُمْ ثُمَّ لَيُخْتَلَجُنَّ دُونِي فَأَقُولُ يَا رَبِّ أَصْحَابِي فَيُقَالُ إِنَّكَ لَا تَدْرِي مَا أَحْدَثُوا بَعْدَكَ[23]

I am your predecessor at the Lake-Fount, and some of you will be brought in front of me till I will see them and then they will be taken away from me and I will say, 'O Lord, my companions!' It will be said, 'You do not know what they did after you had left.'

It can be said that the main aim behind forbidding mut'a of hajj was to revive a tradition that was current at the time of ignorance. This is because it was considered a major sin on earth at the time of ignorance to do mut'a of hajj during the hajj months.[24]

Inhis al-Sunan al-Kubra , Bayhaqi quotes Ibn Abbas as saying: By Allah, the Messenger of Allah did not take Aisha with himself during the hajj months but to declare the tradition practiced at the time of ignorance as null and void. That is why there are many authentic traditions that quote the Holy Prophet (s) as saying:

لو استقبلت من امری ما استدبرت ما اهدیت و لو لا ان معی الهدی لاحللت

If I had formerly known what I came to know lately, I would not have brought the Hadi (sacrificial animal) with me. [Had there been no Hadi with me, I would have finished the state of lhram] Suraqa b. Malik b. Ju'shum said: O Messenger of Allah, is it (this concession putting off Ihram of Hajj or Umra) meant for this year or is it forever? He said: It is forever.[25]

According to this tradition, it is not necessary to make sacrifice in order to get out of the state of ihram. It indicates that it is permissible to get out of the state of ihram after completing the rituals of umra of tamattu'a. The said tradition is reported by all Sahihs and Bukhari has allocated a particular chapter to it.

Taharat & Najasat: Ritual purity & impurity

Introduction

A Muslim tries to maintain the ritual purity of his body, clothes and everyday commodities by avoiding contact with impure things because such contacts would render the other items impure and would, therefore necessitate the process of purification.

Residing in a non-Muslim country makes the process of maintaining purity difficult for some Muslims as they deal with its non-Muslim citizens in various situations of their day-to-day life: in restaurants, cafes, barber's shops, laundrettes, and, in public baths and utilities, etc. Therefore, it is appropriate for me to clarify for the respected readers the religious rules concerning taharat (ritual purity) and najasat (ritual impurity).

General Rules

36. A well known religious law says: "Everything is ritually pure for you unless you come to know that it is ritually impure." This law declares everything to be pure unless one becomes sure a particular item has become impure. And as long as you are not sure that it has become ritually impure (najis), it is to be considered pure and you can apply all the rules of purity to it without any hesitation or doubt.

37. The Ahlul Kitab (that is, the Jews, the Christians and the Zoroastrians) are ritually pure (tahir) as long as you do not know that they have become ritually impure (najis) by coming into contact with an impure object. You can follow this ruling when dealing with them.

38. The impurity transfers from one item to another through flowing wetness [that is, there is so much wetness in the impure item that it permeates to another item and makes it impure]. The impurity is neither transferred when it is dry, nor is transferred by non-flowing wetness. So, if you place your hand on a dry najis item, your hand will not become impure.

39. You can assume the ritual purity (taharat) of any person that you meet and shake hands with (even if that person's hand is wet) as long as you do not know his faith and religion - in such cases you can assume that he might be a Muslim or one of the Ahlul Kitab. Moreover, it is not obligatory for you to ask him in order to ascertain his religion; that is, even if doing so does not put you or him in any inconvenience. (See the question-answer section below).

40. Any water drops or other liquids that fall upon your body or dress are to be considered pure as long as you do not know that they are najis.

41. All kinds of alcohol (whether extracted from wood or other sources) is pure, not najis. So, the medicines, the perfumes, and the food containing alcohol are pure and can be used. It is also permissible to eat such food if the amount of alcohol is very minute.

42. No matter who was the previous user, the everyday commodities and utensils can be used without the need for purifying them as long as you do not know that they had become najis previously. (See the question-answer section below.)

43. If the carpet and the mattress become najis by the elements that do not have a mass (i.e., do not leave any marks or stains on the carpet or the mattress), it can be purified by sprinkling water over it from a kettle or a jug once until the pure water covers the impure area, and then wipe the water away by using a piece of cloth or a vacuum cleaner, etc. The carpet or the mattress will now be considered pure; and the water removed from it will be considered, on the basis of obligatory precaution, as najis.

The same rule will apply in purifying the cloth if it becomes najis by impure sources other than urine. Things becoming najis by urine will be discussed later on.

44. If one wants to purify the carpet or the mattress by using pure water connected to the kurr source [e.g., by using a hose pipe instead of pouring water from a jug], there is no need to wipe the water off using a piece of cloth or a vacuum cleaner, etc. As soon as the kurr water covers the najis area, it will become pure [and the water will also be considered as pure].

45. It is possible to purify the carpet or the mattress which has become najis by the elements that do have a mass (i.e., do leave marks or stains like blood or semen) by the same method as mentioned in No. 39 provided that the impure element is removed while washing or prior to washing. The only difference is that if it is purified by the qalil water [e.g., from a jug or a glass], then the water removed from the carpet will be considered najis as a confirmed opinion and not as an obligatory precaution.

46. If a carpet or a mattress becomes najis by urine of an infant child that mostly gets nutrition by breast-feeding, then it can be purified by sprinkling water - even if it is little - on it until it covers the najis area. In this case, there is no need to remove the water by using a piece of cloth or vacuum cleaner, etc.

47. If clothes become najis by urine, they can be purified by sprinkling little water on them from a kettle or a jug, etc., until it covers the najis area; then the water should be wiped off by using a piece of cloth, etc. You have to do this twice so that the clothes restore their taharah.

48. The water that has been wiped off from the clothes (while purifying it two times) will be considered najis on the basis of obligatory precaution, if there is no urine in them. Conversely the water will be considered najis as a confirmed opinion.

49. If one wants to purify such a clothes with pure water which is connected to a kurr source [e.g., under the water tap or by using a hose pipe], even then it is necessary to wash them twice. Similarly, it is necessary to wash the body twice -even when washed in kurr water- while purifying if it has become najis because of urine.

50. If the hand and the clothes become impure because of an intoxicating drink, a single wash can purify them. However, in case of purifying the same with little water, it is necessary to rinse the cloth after washing.

51. Utensils and cups that have become impure because of intoxicating drink should be washed three times if purified with little water. If they are purified with pure water connected to a kurr source, even then it should be washed three times, as a matter of obligatory precaution.

52. A single wash can purify the hand and the clothes that have become impure by licking of a dog. Such a clothes, need to be rinsed if it is purified by little water. (See the question-answer section below.)

53. Utensils and cups that have become impure by licking of a dog or by the dog drinking from them can be purified as follows: first they should be cleaned by using earth or dust, and then by washing them twice with water.

Questions and Answers

54. Question: The earth is one of the purifying agents. Following the example of a shoe's sole that can be purified by walking on the earth, would the same rule apply to car tires?

55. Answer: The earth cannot purify the tires.

56. Question: Where does the domino effect of mutanajjis items stop when it is no longer wet?1

57. Answer: The first mutanajjis item would make the item that comes into contact with it impure; similarly, the second mutanajjis would make the item that comes into contact with it impure; but the third mutanajjis can no longer make other items impure, irrespective of whether it is wet or dry.

58. Question: If a dog licks my body or clothes, how should I purify it?

Answer: It is sufficient to wash it once. However, if the water is little, it is necessary to rid it of the water by wringing.

59. Question: Are the Sikhs considered to be among the followers of the past revealed religions like the Jews and the Christians?

Answer: They are not counted among the People of the (Revealed) Books (the Ahlul Kitab).

60. Question: Are the Bhuddhists among the Ahlul Kitab?

Answer: They are not from them.

61. Question: Can Muslim, who rents a fully furnished house in the West, consider everything in it to be ritually pure as long as he does not find any trace of impure things in it, even if the previous occupant was from Ahlul Kitab, i.e., a Christian or a Jew? What if the previous occupant was a Bhuddhist or an atheist who does not believe in God and the prophets?

Answer: Yes, he can consider everything in the house ritually pure as long as he does not know that it has become impure. Just conjecture or doubt about impurity is of no value.

62. Question: The floor of most houses in the West is covered with carpet which is glued to the floor in such a way that it is difficult to lift it off. How can such a carpet be rendered pure (tahir), if it becomes impure with urine or blood? The water used to purify in both the cases could be qalil or kathir. Please explain the ruling in both cases.

Answer: If it is possible to wipe the water off the carpet by using a piece of cloth or a vacuum cleaner, it can be purified with qalil water, provided that the water is wiped off the carpet, in the process. Conversely, it must be purified by kathir water [i.e., by using a hose pipe connected to the tap].

63. Question: In the West, there are many public laundry places in which Muslims and non-Muslims wash their clothes. Is it permissible for us to pray in the clothes washed in such facilities, especially when we have no knowledge whether or not the washing machines are connected to the kurr water2 at some stages of the washing, and whether or not it purifies the clothes in the process of washing?

Answer: There is no problem in praying in those clothes that were pure before washing them [in such facilities] as long as you are not aware that they have become impure. [In other words, what goes in the public washing machine as pure comes out as pure unless you are sure that it has become impure.]

Similarly, [you can pray in] the impure clothes [that were washed in the public laundry machines] provided that you are reassured:

a. that the impure element, if any, has been washed away;

b. that the pure water covered the entire impure area twice (if it had become impure by urine and even if the water was connected to kurr source as an obligatory precaution) or just once (if it had become impure by other elements);

c. and that the water was removed from the clothes by wringing or other similar method [i.e., spinning of the machine] if it was qalil.

However, if you are not sure and just have conjecture that the garment has been purified as per religious requirement, the previously impure garment will still be considered impure and praying in it would not be valid.

64. Question: Can the clothes washed with liquid detergent in laundry facilities owned by a non-Muslim be considered tahir while knowing that Muslims as well as non-Muslims wash their clothes there?

Answer: If you do not know that the clothes have come into contact with a source of najasah, you can consider them tahir (pure).

65. Question: Some soaps contain pigs' fat or other animals not slaughtered Islamically. Furthermore, we do not know whether or not chemical change has taken place in the manufacturing process. Can such soaps be considered tahir? [Chemical change is a purifying agent in the sense that it purifies a najis item.]

Answer: If it is proven to contain those [impure] elements, it should be considered impure, except if the occurrence of chemical change is proven. Such a change is not proven in manufacturing of soaps.

66. Question: A toothbrush that contains bristles from the hair of a pig: is it permissible to buy, sell and use it? Does the mouth become impure by using such a toothbrush?

Answer: It is permissible to buy, sell and use it; however, the mouth will become impure by using it; and the mouth will become pure by taking that toothbrush out and getting rid of the remaining toothpaste from the mouth.

67. Question: If blood is seen in the yolk or the white part of the egg, does it make the egg impure and haram for us? Is there a solution for it?

Answer: The clot of blood inside the egg is pure, but it is haram [for consumption]. Therefore, the egg can be eaten by removing the blood from it, provided it not very minute and been absorbed in it. [In the latter case, is not removable, then the egg becomes haram.]

68. Question: Are alcoholic beverages pure? Is beer pure?

Answer: There is no doubt about the impurity of alcoholic drinks. As far as beer (fuqa') is concerned, it is impure on the basis of precaution; however, there is no doubt in it being haram.

69. Question: The people residing in Europe are of different faiths, nationalities and religions; and when we buy moist or wet food items, the shopkeeper may touch it with his hands. Since we do not know his religion, can we consider that food as pure?

Answer: As long as it is not known that the hands of the shopkeeper were najis, the food is to be considered tahir.

70. Question: What about the leather products made in a European country, if we are unaware of the source of that leather? It is said that some European countries import cheap leather from Muslim countries and then use it for manufacturing various products. Can we consider such leather pure? Are we allowed to say salat in them? Can such a weak probability [about it originating from a Muslim country] be given any credence?

Answer: If the probability of the leather originating from a zabiha (an animal slaughtered Islamically) source is so weak that people would not normally give any credence (for example, the probability of 2%), it is to be considered impure and this cannot be used in salat. But if the probability is not so weak, it can be considered pure and using it in salat would be permissible.

Notes

1. Translator's Note: An item which is impure by itself is known as 'ayn najis or simply najis; the item that becomes impure by coming into wet contact with an 'ayn najis is known as "mutanajjis," that is impure by secondary reason.

2. Translator's Note: All laundry machines are connected to kurr source because it comes from the main reservior supplying the water to the city.

Salat: The ritual prayer

Introduction

The salat has been described in some ahadith as "the pillar of religion." Imam 'Ali (a.s.), after receiving the fatal injury by Ibn Muljim (may Allah curse him), in a part of his advice to his sons, al-Hasan and al-Husayn (a.s.) said, "[Fear] Farewell Allah, and keep Allah in view with regardst salat, for it is the pillar of your religion. [Fear] Allah, and keep Allah in the matter of the house of your Lord (i.e., mosque): do not leave it empty as long as you live."1

As-Sukuni narrates from Imam as-Sadiq (a.s.), "The Messenger of Allah (s.a.w.) said, 'Satan is frightened from a believer as long as he keeps up salat on time; but when he starts neglecting them, Satan becomes emboldened and tempts him to commit major (sins).'"2 Yazid bin Khalifa said that he heard Imam as-Sadiq (a.s.) say, "When a person stands for salat, mercy descends upon him from the heaven to the earth and the angels engulf him, and an angel calls out: 'if this person knew what is [the reward] for the salat, he would never stop.'"3

From these [few selected ahadith] we can understand the clear and obvious importance of salat in Islam. And since salat is like having audience with the Almighty Allah (as the ahadith have it that a person standing for prayer is as if he is standing in audience of the Almighty), the worshiper should approach Allah through presence of heart by not thinking or occupying his mind with anything worldly and transitory. Almighty Allah says in the Holy Qur'an:

"Indeed successful are the believers who are humble in their prayers." (24:1)

When Imam 'Ali Zaynu 'l-'Abideen (a.s.) said his salat, he used to stand "firm and motionless like a tree: nothing moves on it except what is moved by the wind."4 When the Imams, al-Baqir and as-Sadiq (a.s.), stood for their salat, "their colour would change to red and then yellow as if they were talking to someone whom they could see."5

General Rules

71. The mujtahids say that salat cannot be skipped under any circumstances. It means that it is not to be omitted whether one is travelling or at home; even if the time is running out, it is obligatory upon the Muslim, for example a traveller, to say his salat in a plane, ship, car, or a train whether stationary or moving; it could be performed any where: in the waiting room, in a public park, on the side of a road, or at the work-place, etc.

72. When it is not possible for the traveller to say the salat in a plane or a car or a train in a standing position, he should say it while he is seated.

If it is not possible for him to find the direction of the qiblah, he should face the direction that he most probably thinks to be the qiblah; if he is unable to prefer one direction to the other, he should pray in whatever direction he is facing. If it is not possible to face the qiblah except for takbiratul ihram (the opening "Allahu akbar"), he should at the least say the takbir facing the direction of qiblah. (See the question-answer section below.)

73. It is permissible to ask the airhostess about the direction of the qiblah so that she may ask the pilot about it. If you have confidence in their information, you can rely on it even if they are non-Muslims.

Similarly, it is permissible to rely on scientific instruments for determining the direction of the qiblah, for example the compass, if a Muslim is convinced about its correctness.

74. If a Muslim cannot do wudhu (minor ritual ablution) for the salat, then he should do tayammum instead.

75. The length of day and night differs from place to place. If the day and the night are clearly known by the rising of the sun and its setting, the Muslim should rely on the rising and the setting of the sun for determining the times for salat and fasting. This is so even if that means that the prayers have to be said more frequently shorter days or that fasting becomes lengthier shorter nights.

76. In some places the sun does not set or does not rise at all for a number of days or months. As a matter of precaution Muslims should rely on the timings of the closest city that has night and day in a twenty-four hour period. Thus, they will, pray five salats according to the times of that closest city with the intention of qurbat in general [i.e., without saying ada (prayer on time) or qadha (prayer outside its time)].

77. If it is not possible for a Muslim to determine the beginning of true dawn (fajr) or the midday or sunset for his prayers and fasting, and he has faith in the timings given by the observatories, he can rely on the same, even if the scientists running the observatories are non-Muslims-as long as you have faith in their determining true dawn or noon or sunset times.

78. For a traveller, it is obligatory to say salat in qasr form; that is, he will recite the noon, afternoon and night prayers only two cycles (rak'at) [instead of the normal four rak'at] provided he travels for forty-four kilometers or more (in both ways), starting from the last houses of his city in normal cases.6

There are detailed and specific rules in the Manual of Islamic Laws explaining when to pray qasr and when not to pray qasr while travelling. (For some rules, see the questions-answers at the end of this section.)

79. Praying Friday salat with due attention to its required conditions is preferable to praying the noon salat, and is sufficient; that is, if a person says Friday prayer, he does not have to say noon prayer.

80. Praying in congregation (jama'at) is preferable to praying individually. Its preference is stronger in the dawn, sunset and night prayers. A noble hadith says: "A salat [in congregation] behind a learned scholar is like [praying] a thousand cycles; and behind a Qurayshi is like [praying] a hundred cycles." As the number of the worshippers increases, the preference [and the reward] also increases.

Questions and Answers

81. Question: A person used to make mistakes in the way he performed his wudhu (minor ablution) or ghusl (major ablution). After many years, he comes to realize his mistakes. When he inquires as how to solve his problem, he is told: "Repeat all your prayers and perform the pilgrimage again." Since saying all the prayers and doing the pilgrimage again is difficult, is there a solution which would salvage his prayers and pilgrimage performed with wudhu and ghusl that he thought was correct? Is there such a solution as a concession to this person so that he does not become disheartened and rebellions against religious obligations in a society which encourages such kind of rebellion?

Answer: If he was ignorant out of innocence, and therefore made mistakes without causing harm (e.g., did not follow the proper sequence in washing the head and the other parts of the body in ghusl; or did the wiping of the head or feet [mash] with a new water), then his wudhu and ghusl will be considered correct; and, consequently, his past prayers and pilgrimage will also be considered correct.

But if he was ignorant out of negligence in learning the Islamic laws or did mistakes which do invalidate the act in general (e.g., leaving out some parts of the body which must be washed in wudhu or ghusl), there is no way to validate his past prayers and pilgrimage.

However, if there is the fear that he would totally rebel when asked to make up all the past prayers and pilgrimage, then it is not appropriate to ask him to do so. Maybe Allah will improve his situation in future.

82. Question: Some people pray for years and even perform pilgrimage, yet they do not pay khums.7 Is it obligatory on them to repeat their prayers and pilgrimage?

Answer: Based on precaution, it is obligatory on them to repeat prayers and pilgrimage, if the particular dress that they used in prayers, in tawaf and in salat of tawaf was from items on which khums had become due.

However, if only the dress they used in salat of tawaf was from items on which khums had become due, and they were ignorant (even out of negligence) of the law or the status of the dress, their pilgrimage is valid, but they have to repeat salat of tawaf if they had no excuse for their ignorance.

[In this case,] they have, as a matter of precaution to return to Mecca [to perform the salat of tawaf again], if it does not entail great difficulty; otherwise they can perform that salat wherever they are.

Similarly, they will have to do the pilgrimage again if the animal offered as a sacrifice was bought with money on which khums had become due. However, if they had bought it with money whose unspecific portion was liable for khums -as is the case normally - there is no problem in their pilgrimage, even if they used it from the money on which khums had become liable; of course, they will be responsible for that amount [for payment of khums].

All this is applicable, if they knew about the obligation of khums and the law forbidding them to utilize items on which khums has become wajib or if they were ignorant out of negligence. But, if they were ignorant out of innocence, their prayers and pilgrimage are valid.

83. Question: If a traveller leaves his home town immediately after the adhan of noon prayer, i.e. without saying that prayer, and reaches his destination after sunset, has he committed a sin? And is it obligatory on him to make up for noon prayer?

Answer: Yes, he has committed a sin by neglecting the obligatory prayer in its appropriate time, and he has to make it up.

84. Question: Is the ink that had dried [on our hands, for example] a barrier to perform wudhu or ghusl?

Answer: If it does not form a mass that would prevent water from reaching the skin, the wudhu and ghusl is valid. However, if one has doubt whether it forms a mass or not, it must be removed.

85. Question: Is it permissible for a Muslim to involve in pleasure by continuing to watch an entertaining movie even, though salat time is due, and then he goes to say his prayers just before it becomes overdue (qadha)?

Answer: It is not appropriate for a Muslim to delay the saying of salat from its preferred time (i.e., at the beginning of its time span) except for an excuse; what has been mentioned in the question is not an acceptable excuse.

86. Question: Is cream a barrier to water reaching the skin, and if so should it be removed prior to wudhu and ghusl?

Answer: Apparently the effect left on the skin after it is applied is nothing but just moisture, and so it does not constitute a barrier to water reaching the skin.

87. Question: Some women let their nails grow longer than necessary for beauty. Sometimes a nail breaks up, requiring a cover that must be placed over the broken nail. Knowing that such a cover prevents water from reaching the nail in wudhu and ghusl, is it permissible to use it? How should wudhu and ghusl be performed with that cover?

Answer: Wudhu and ghusl with such a cover over the nail is not valid; therefore, it is necessary to remove it for ablutions. And the purpose mentioned above for the cover is not justifiable.

88. Question: When should one say his salat full (tamam) and when should one say it qasr (two rakat instead of four)? Is the general perception about a person being resident of a city sufficient for him to say his salat fully [in that city]?

Answer: The conditions for qasr in travelling have been mentioned in the Manual of Islamic Laws. When a person considers residing in a city for a long time, and in the general perception it is considered as such, he is not considered as a traveller (e.g., if he intends to reside in that city for year and a half, it will be considered as his home-town after one month). But if he intends to stay in that city for a short while only and is considered, in the general sense, as a visitor, he should pray qasr.

89. Question: How can we know the time of mid-night? Do 00.00 hours the point of mid-night as it is commonly held by some people?

Answer: Midnight is halfway between sunset and true dawn. So if the sun sets at 7 p.m. and the true dawn begins at 4 a.m., then midnight will be at 11:30 p.m. The criteria for determining midnight are the timings of sunset and true dawn, which differ according to place and season.

90. Question: A person who believes that he will not be able to wake up for dawn prayer if he goes to sleep, is it obligatory on him to stay awake till the time of prayer? Is he committing a sin if he sleeps and does not wake up for dawn prayer?

Answer: It is possible for him to ask someone to wake him up for dawn prayer or use an alarm clock, etc, for this purpose. If these means of waking up are not possible, then he is not committing a sin by going to sleep unless it is considered, as is widely believed, an insult to, and neglect of, the salat.

91. Question: How can we say our obligatory prayers in an aircraft, especially if we do not know the direction of the qiblah taking into consideration the instability of the floor [because the plane is in motion]?

Answer: As for the qiblah, it is possible to identify its direction by asking the captain or the airhostesses because their answers usually carry validity and are a source of assurance. One should therefore act accordingly.

As for the stability of the floor where salat is to be performed, that condition will be waived when it is not possible to achieve it. However, other conditions of prayers should, wherever possible, be observed. Under no circumstance should the prayer be delayed beyond its appropriate time span.

92. Question: How should we say our salat in trains and cars? Is it necessary to do prostration (sajda) on something or is it not necessary, in that would bending of the neck be sufficient?

Answer: It is obligatory to say salat in the usual way where possible. So, one should face the qiblah in all stages of the salat; if not, at least while saying the opening takbir. Otherwise the condition of facing the qiblah will be dropped.

Similarly, if it is possible to do the bowing (ruku') and prostration (sajdah) normally (e.g., in the aisle of the bus or the train), those parts of salat should be done normally. But if it is not possible, then one should try to bow normally for ruku' and sajdah [for example, from a sitting position on the seat or the berth of the train].

For sajdah, one has to put the forehead on an item on which sajdah is valid, even if by lifting that item to the forehead. If bowing normally is not possible, one should just indicate by bending the neck [halfway for ruku and fully for sajdah].

93. Question: If the time for salat has come while the student is still on his way to the university. When he reaches the university, he realizes that the time of salat has ended. In this case, is it permissible for him to say salat in the car although there are places in which he could pray, yet by going to those places he may risk becoming late [for his university]?

Answer: The delay in getting to the work place [or university] is not a good enough reason for praying in the car. This is because it involves non fulfillment of some of its conditions while it is possible to get down and pray normally on the earth with all the conditions fulfilled. However, if the delay is going to cause him considerable harm or put him in an untenable situation, it is permissible for him to pray in the car, (without being able to fulfill some of prayer's conditions).

94. Question: It happens that the time of salat sets in while the Muslim worker is at his work-place, - noting that finding work is not easy - thus, he finds it difficult to leave the work for salat. Sometimes he ends up losing his job because of his insistence on saying salat. Is he allowed to say his prayers as qadha? Or must he say them [on time], even if it leads to him losing his job?

Answer: If the need to work at that place reaches the level of necessity, then he should pray in time in whatever way possible: even just by indicating [by lowering the neck halfway for ruku' and fully for sajda]. However, such a situation would arise only exceptionally. So he should fear Almighty Allah and not accept a job which leads to neglecting the pillar of faith; thus, he should remember the words of the Almighty: "And whosoever fears Allah, He will make a way out for him [from difficulties] and provide for him from where he does not expect." (65:2)

95. Question: Many big companies and business in the West employ large numbers of employees who work in offices about whose ownership they have no idea. So what is the ruling on:

a. Praying in those offices and using the water for wudhu?

b. If praying there is problematic, what would become of past prayers said in those places?

Answer:

a. There is no problem in praying in those places nor in using the water for wudhu as long as it is not known to have been usurped.

b. If it becomes clear after saying the salat that the property was usurped, the past prayers are valid.

96. Question: If I pray with a leather belt or a wallet made from leather of a mayta and realize it during the salat or after finishing it but before the end of its time span or after the ending of its time span-what would become of that prayer?

Answer: The prayer with a wallet made from leather of a mayta is valid just as it is acceptable to pray with a belt made from such a leather, provided that the probability of it being from zabiha is not a very low probability that would be ignored by sensible people.

In the second case [of very low probability], if he was ignorant [of this rule] and realized during salat, he should take it off immediately and his salat would be valid. The same rule would apply if he forgot [that he had the wallet or the belt on him] and remembered during salat, provided that his forgetfulness was not a result of carelessness and indifference. In other cases, he will have to repeat salat in time or qadha as a matter of obligatory precaution.

97. Question: One of the famous trousers these days is the one known as jeans. It is made in non-Muslim countries. It has a piece of leather used as a label. It is not known whether the leather is that of an animal slaughtered Islamically or non-Islamically-is it permissible to say salat with these trousers?

Answer: Yes, it is permissible.

98. Question: Is salat valid if the person uses cologne? Is cologne ritually pure?

Answer: Yes, it is pure.

99. Question: Is it alright to do sajdah on concrete or on mosaic?

Answer: Yes, it is alright.

100. Question: Some prayer-mats are made of synthetic material; is it permissible to do sajdah on them?

Answer: Sajdah on such items is not good enough.

101. Question: Is it permissible to do sajdah on writing paper and on paper tissues, especially, if is not known whether or not the raw material they are made of was from items on which sajdah is valid?

Answer: It is not permissible to do sajdah on paper tissues, only after ascertaining that they have been made from items on which sajdah is allowed; it is permissible to do sajdah on paper if it is made from material on which sajdah is allowed or from cotton or flax.

102. Question: A reciter of the Holy Qur'an recites a verse of wajib sajdah, on hearing it from a cassette player, is it obligatory on us to do sajdah in this case?

Answer: It is not obligatory.

Notes

1. Tafsilu Wasa'ili 'sh-Shi'a, vol. 4, p. 35.

2. Imam 'Ali, Nahju 'l-Balagha (ed. Subhi as-Salih), p. 422.

3. Tafsilu Wasa'ili 'sh-Shi'a, vol. 4, p. 28.

4. Sayyid Muhammad Hadi al-Milani, Qudatuna: Kayfa Na'rifuhum, vol. 6, p. 164 which has a special section on the prayers of Imam Zaynu 'l-'Abideen (a.s.).

5. Sayyid as-Sistani, Minhaju 's-Saliheen, vol. 1, p. 193.

6. "In normal cases" means other than the major metropolitan cities where going from one end to another is considered travelling.

7. Translator's Note: Khums is an annual Islamic tax applied, among other things, on the savings. See the Manual of Islamic Laws or the present translator's, Khums: An Islamic Tax for details.

Taharat & Najasat: Ritual purity & impurity

Introduction

A Muslim tries to maintain the ritual purity of his body, clothes and everyday commodities by avoiding contact with impure things because such contacts would render the other items impure and would, therefore necessitate the process of purification.

Residing in a non-Muslim country makes the process of maintaining purity difficult for some Muslims as they deal with its non-Muslim citizens in various situations of their day-to-day life: in restaurants, cafes, barber's shops, laundrettes, and, in public baths and utilities, etc. Therefore, it is appropriate for me to clarify for the respected readers the religious rules concerning taharat (ritual purity) and najasat (ritual impurity).

General Rules

36. A well known religious law says: "Everything is ritually pure for you unless you come to know that it is ritually impure." This law declares everything to be pure unless one becomes sure a particular item has become impure. And as long as you are not sure that it has become ritually impure (najis), it is to be considered pure and you can apply all the rules of purity to it without any hesitation or doubt.

37. The Ahlul Kitab (that is, the Jews, the Christians and the Zoroastrians) are ritually pure (tahir) as long as you do not know that they have become ritually impure (najis) by coming into contact with an impure object. You can follow this ruling when dealing with them.

38. The impurity transfers from one item to another through flowing wetness [that is, there is so much wetness in the impure item that it permeates to another item and makes it impure]. The impurity is neither transferred when it is dry, nor is transferred by non-flowing wetness. So, if you place your hand on a dry najis item, your hand will not become impure.

39. You can assume the ritual purity (taharat) of any person that you meet and shake hands with (even if that person's hand is wet) as long as you do not know his faith and religion - in such cases you can assume that he might be a Muslim or one of the Ahlul Kitab. Moreover, it is not obligatory for you to ask him in order to ascertain his religion; that is, even if doing so does not put you or him in any inconvenience. (See the question-answer section below).

40. Any water drops or other liquids that fall upon your body or dress are to be considered pure as long as you do not know that they are najis.

41. All kinds of alcohol (whether extracted from wood or other sources) is pure, not najis. So, the medicines, the perfumes, and the food containing alcohol are pure and can be used. It is also permissible to eat such food if the amount of alcohol is very minute.

42. No matter who was the previous user, the everyday commodities and utensils can be used without the need for purifying them as long as you do not know that they had become najis previously. (See the question-answer section below.)

43. If the carpet and the mattress become najis by the elements that do not have a mass (i.e., do not leave any marks or stains on the carpet or the mattress), it can be purified by sprinkling water over it from a kettle or a jug once until the pure water covers the impure area, and then wipe the water away by using a piece of cloth or a vacuum cleaner, etc. The carpet or the mattress will now be considered pure; and the water removed from it will be considered, on the basis of obligatory precaution, as najis.

The same rule will apply in purifying the cloth if it becomes najis by impure sources other than urine. Things becoming najis by urine will be discussed later on.

44. If one wants to purify the carpet or the mattress by using pure water connected to the kurr source [e.g., by using a hose pipe instead of pouring water from a jug], there is no need to wipe the water off using a piece of cloth or a vacuum cleaner, etc. As soon as the kurr water covers the najis area, it will become pure [and the water will also be considered as pure].

45. It is possible to purify the carpet or the mattress which has become najis by the elements that do have a mass (i.e., do leave marks or stains like blood or semen) by the same method as mentioned in No. 39 provided that the impure element is removed while washing or prior to washing. The only difference is that if it is purified by the qalil water [e.g., from a jug or a glass], then the water removed from the carpet will be considered najis as a confirmed opinion and not as an obligatory precaution.

46. If a carpet or a mattress becomes najis by urine of an infant child that mostly gets nutrition by breast-feeding, then it can be purified by sprinkling water - even if it is little - on it until it covers the najis area. In this case, there is no need to remove the water by using a piece of cloth or vacuum cleaner, etc.

47. If clothes become najis by urine, they can be purified by sprinkling little water on them from a kettle or a jug, etc., until it covers the najis area; then the water should be wiped off by using a piece of cloth, etc. You have to do this twice so that the clothes restore their taharah.

48. The water that has been wiped off from the clothes (while purifying it two times) will be considered najis on the basis of obligatory precaution, if there is no urine in them. Conversely the water will be considered najis as a confirmed opinion.

49. If one wants to purify such a clothes with pure water which is connected to a kurr source [e.g., under the water tap or by using a hose pipe], even then it is necessary to wash them twice. Similarly, it is necessary to wash the body twice -even when washed in kurr water- while purifying if it has become najis because of urine.

50. If the hand and the clothes become impure because of an intoxicating drink, a single wash can purify them. However, in case of purifying the same with little water, it is necessary to rinse the cloth after washing.

51. Utensils and cups that have become impure because of intoxicating drink should be washed three times if purified with little water. If they are purified with pure water connected to a kurr source, even then it should be washed three times, as a matter of obligatory precaution.

52. A single wash can purify the hand and the clothes that have become impure by licking of a dog. Such a clothes, need to be rinsed if it is purified by little water. (See the question-answer section below.)

53. Utensils and cups that have become impure by licking of a dog or by the dog drinking from them can be purified as follows: first they should be cleaned by using earth or dust, and then by washing them twice with water.

Questions and Answers

54. Question: The earth is one of the purifying agents. Following the example of a shoe's sole that can be purified by walking on the earth, would the same rule apply to car tires?

55. Answer: The earth cannot purify the tires.

56. Question: Where does the domino effect of mutanajjis items stop when it is no longer wet?1

57. Answer: The first mutanajjis item would make the item that comes into contact with it impure; similarly, the second mutanajjis would make the item that comes into contact with it impure; but the third mutanajjis can no longer make other items impure, irrespective of whether it is wet or dry.

58. Question: If a dog licks my body or clothes, how should I purify it?

Answer: It is sufficient to wash it once. However, if the water is little, it is necessary to rid it of the water by wringing.

59. Question: Are the Sikhs considered to be among the followers of the past revealed religions like the Jews and the Christians?

Answer: They are not counted among the People of the (Revealed) Books (the Ahlul Kitab).

60. Question: Are the Bhuddhists among the Ahlul Kitab?

Answer: They are not from them.

61. Question: Can Muslim, who rents a fully furnished house in the West, consider everything in it to be ritually pure as long as he does not find any trace of impure things in it, even if the previous occupant was from Ahlul Kitab, i.e., a Christian or a Jew? What if the previous occupant was a Bhuddhist or an atheist who does not believe in God and the prophets?

Answer: Yes, he can consider everything in the house ritually pure as long as he does not know that it has become impure. Just conjecture or doubt about impurity is of no value.

62. Question: The floor of most houses in the West is covered with carpet which is glued to the floor in such a way that it is difficult to lift it off. How can such a carpet be rendered pure (tahir), if it becomes impure with urine or blood? The water used to purify in both the cases could be qalil or kathir. Please explain the ruling in both cases.

Answer: If it is possible to wipe the water off the carpet by using a piece of cloth or a vacuum cleaner, it can be purified with qalil water, provided that the water is wiped off the carpet, in the process. Conversely, it must be purified by kathir water [i.e., by using a hose pipe connected to the tap].

63. Question: In the West, there are many public laundry places in which Muslims and non-Muslims wash their clothes. Is it permissible for us to pray in the clothes washed in such facilities, especially when we have no knowledge whether or not the washing machines are connected to the kurr water2 at some stages of the washing, and whether or not it purifies the clothes in the process of washing?

Answer: There is no problem in praying in those clothes that were pure before washing them [in such facilities] as long as you are not aware that they have become impure. [In other words, what goes in the public washing machine as pure comes out as pure unless you are sure that it has become impure.]

Similarly, [you can pray in] the impure clothes [that were washed in the public laundry machines] provided that you are reassured:

a. that the impure element, if any, has been washed away;

b. that the pure water covered the entire impure area twice (if it had become impure by urine and even if the water was connected to kurr source as an obligatory precaution) or just once (if it had become impure by other elements);

c. and that the water was removed from the clothes by wringing or other similar method [i.e., spinning of the machine] if it was qalil.

However, if you are not sure and just have conjecture that the garment has been purified as per religious requirement, the previously impure garment will still be considered impure and praying in it would not be valid.

64. Question: Can the clothes washed with liquid detergent in laundry facilities owned by a non-Muslim be considered tahir while knowing that Muslims as well as non-Muslims wash their clothes there?

Answer: If you do not know that the clothes have come into contact with a source of najasah, you can consider them tahir (pure).

65. Question: Some soaps contain pigs' fat or other animals not slaughtered Islamically. Furthermore, we do not know whether or not chemical change has taken place in the manufacturing process. Can such soaps be considered tahir? [Chemical change is a purifying agent in the sense that it purifies a najis item.]

Answer: If it is proven to contain those [impure] elements, it should be considered impure, except if the occurrence of chemical change is proven. Such a change is not proven in manufacturing of soaps.

66. Question: A toothbrush that contains bristles from the hair of a pig: is it permissible to buy, sell and use it? Does the mouth become impure by using such a toothbrush?

Answer: It is permissible to buy, sell and use it; however, the mouth will become impure by using it; and the mouth will become pure by taking that toothbrush out and getting rid of the remaining toothpaste from the mouth.

67. Question: If blood is seen in the yolk or the white part of the egg, does it make the egg impure and haram for us? Is there a solution for it?

Answer: The clot of blood inside the egg is pure, but it is haram [for consumption]. Therefore, the egg can be eaten by removing the blood from it, provided it not very minute and been absorbed in it. [In the latter case, is not removable, then the egg becomes haram.]

68. Question: Are alcoholic beverages pure? Is beer pure?

Answer: There is no doubt about the impurity of alcoholic drinks. As far as beer (fuqa') is concerned, it is impure on the basis of precaution; however, there is no doubt in it being haram.

69. Question: The people residing in Europe are of different faiths, nationalities and religions; and when we buy moist or wet food items, the shopkeeper may touch it with his hands. Since we do not know his religion, can we consider that food as pure?

Answer: As long as it is not known that the hands of the shopkeeper were najis, the food is to be considered tahir.

70. Question: What about the leather products made in a European country, if we are unaware of the source of that leather? It is said that some European countries import cheap leather from Muslim countries and then use it for manufacturing various products. Can we consider such leather pure? Are we allowed to say salat in them? Can such a weak probability [about it originating from a Muslim country] be given any credence?

Answer: If the probability of the leather originating from a zabiha (an animal slaughtered Islamically) source is so weak that people would not normally give any credence (for example, the probability of 2%), it is to be considered impure and this cannot be used in salat. But if the probability is not so weak, it can be considered pure and using it in salat would be permissible.

Notes

1. Translator's Note: An item which is impure by itself is known as 'ayn najis or simply najis; the item that becomes impure by coming into wet contact with an 'ayn najis is known as "mutanajjis," that is impure by secondary reason.

2. Translator's Note: All laundry machines are connected to kurr source because it comes from the main reservior supplying the water to the city.

Salat: The ritual prayer

Introduction

The salat has been described in some ahadith as "the pillar of religion." Imam 'Ali (a.s.), after receiving the fatal injury by Ibn Muljim (may Allah curse him), in a part of his advice to his sons, al-Hasan and al-Husayn (a.s.) said, "[Fear] Farewell Allah, and keep Allah in view with regardst salat, for it is the pillar of your religion. [Fear] Allah, and keep Allah in the matter of the house of your Lord (i.e., mosque): do not leave it empty as long as you live."1

As-Sukuni narrates from Imam as-Sadiq (a.s.), "The Messenger of Allah (s.a.w.) said, 'Satan is frightened from a believer as long as he keeps up salat on time; but when he starts neglecting them, Satan becomes emboldened and tempts him to commit major (sins).'"2 Yazid bin Khalifa said that he heard Imam as-Sadiq (a.s.) say, "When a person stands for salat, mercy descends upon him from the heaven to the earth and the angels engulf him, and an angel calls out: 'if this person knew what is [the reward] for the salat, he would never stop.'"3

From these [few selected ahadith] we can understand the clear and obvious importance of salat in Islam. And since salat is like having audience with the Almighty Allah (as the ahadith have it that a person standing for prayer is as if he is standing in audience of the Almighty), the worshiper should approach Allah through presence of heart by not thinking or occupying his mind with anything worldly and transitory. Almighty Allah says in the Holy Qur'an:

"Indeed successful are the believers who are humble in their prayers." (24:1)

When Imam 'Ali Zaynu 'l-'Abideen (a.s.) said his salat, he used to stand "firm and motionless like a tree: nothing moves on it except what is moved by the wind."4 When the Imams, al-Baqir and as-Sadiq (a.s.), stood for their salat, "their colour would change to red and then yellow as if they were talking to someone whom they could see."5

General Rules

71. The mujtahids say that salat cannot be skipped under any circumstances. It means that it is not to be omitted whether one is travelling or at home; even if the time is running out, it is obligatory upon the Muslim, for example a traveller, to say his salat in a plane, ship, car, or a train whether stationary or moving; it could be performed any where: in the waiting room, in a public park, on the side of a road, or at the work-place, etc.

72. When it is not possible for the traveller to say the salat in a plane or a car or a train in a standing position, he should say it while he is seated.

If it is not possible for him to find the direction of the qiblah, he should face the direction that he most probably thinks to be the qiblah; if he is unable to prefer one direction to the other, he should pray in whatever direction he is facing. If it is not possible to face the qiblah except for takbiratul ihram (the opening "Allahu akbar"), he should at the least say the takbir facing the direction of qiblah. (See the question-answer section below.)

73. It is permissible to ask the airhostess about the direction of the qiblah so that she may ask the pilot about it. If you have confidence in their information, you can rely on it even if they are non-Muslims.

Similarly, it is permissible to rely on scientific instruments for determining the direction of the qiblah, for example the compass, if a Muslim is convinced about its correctness.

74. If a Muslim cannot do wudhu (minor ritual ablution) for the salat, then he should do tayammum instead.

75. The length of day and night differs from place to place. If the day and the night are clearly known by the rising of the sun and its setting, the Muslim should rely on the rising and the setting of the sun for determining the times for salat and fasting. This is so even if that means that the prayers have to be said more frequently shorter days or that fasting becomes lengthier shorter nights.

76. In some places the sun does not set or does not rise at all for a number of days or months. As a matter of precaution Muslims should rely on the timings of the closest city that has night and day in a twenty-four hour period. Thus, they will, pray five salats according to the times of that closest city with the intention of qurbat in general [i.e., without saying ada (prayer on time) or qadha (prayer outside its time)].

77. If it is not possible for a Muslim to determine the beginning of true dawn (fajr) or the midday or sunset for his prayers and fasting, and he has faith in the timings given by the observatories, he can rely on the same, even if the scientists running the observatories are non-Muslims-as long as you have faith in their determining true dawn or noon or sunset times.

78. For a traveller, it is obligatory to say salat in qasr form; that is, he will recite the noon, afternoon and night prayers only two cycles (rak'at) [instead of the normal four rak'at] provided he travels for forty-four kilometers or more (in both ways), starting from the last houses of his city in normal cases.6

There are detailed and specific rules in the Manual of Islamic Laws explaining when to pray qasr and when not to pray qasr while travelling. (For some rules, see the questions-answers at the end of this section.)

79. Praying Friday salat with due attention to its required conditions is preferable to praying the noon salat, and is sufficient; that is, if a person says Friday prayer, he does not have to say noon prayer.

80. Praying in congregation (jama'at) is preferable to praying individually. Its preference is stronger in the dawn, sunset and night prayers. A noble hadith says: "A salat [in congregation] behind a learned scholar is like [praying] a thousand cycles; and behind a Qurayshi is like [praying] a hundred cycles." As the number of the worshippers increases, the preference [and the reward] also increases.

Questions and Answers

81. Question: A person used to make mistakes in the way he performed his wudhu (minor ablution) or ghusl (major ablution). After many years, he comes to realize his mistakes. When he inquires as how to solve his problem, he is told: "Repeat all your prayers and perform the pilgrimage again." Since saying all the prayers and doing the pilgrimage again is difficult, is there a solution which would salvage his prayers and pilgrimage performed with wudhu and ghusl that he thought was correct? Is there such a solution as a concession to this person so that he does not become disheartened and rebellions against religious obligations in a society which encourages such kind of rebellion?

Answer: If he was ignorant out of innocence, and therefore made mistakes without causing harm (e.g., did not follow the proper sequence in washing the head and the other parts of the body in ghusl; or did the wiping of the head or feet [mash] with a new water), then his wudhu and ghusl will be considered correct; and, consequently, his past prayers and pilgrimage will also be considered correct.

But if he was ignorant out of negligence in learning the Islamic laws or did mistakes which do invalidate the act in general (e.g., leaving out some parts of the body which must be washed in wudhu or ghusl), there is no way to validate his past prayers and pilgrimage.

However, if there is the fear that he would totally rebel when asked to make up all the past prayers and pilgrimage, then it is not appropriate to ask him to do so. Maybe Allah will improve his situation in future.

82. Question: Some people pray for years and even perform pilgrimage, yet they do not pay khums.7 Is it obligatory on them to repeat their prayers and pilgrimage?

Answer: Based on precaution, it is obligatory on them to repeat prayers and pilgrimage, if the particular dress that they used in prayers, in tawaf and in salat of tawaf was from items on which khums had become due.

However, if only the dress they used in salat of tawaf was from items on which khums had become due, and they were ignorant (even out of negligence) of the law or the status of the dress, their pilgrimage is valid, but they have to repeat salat of tawaf if they had no excuse for their ignorance.

[In this case,] they have, as a matter of precaution to return to Mecca [to perform the salat of tawaf again], if it does not entail great difficulty; otherwise they can perform that salat wherever they are.

Similarly, they will have to do the pilgrimage again if the animal offered as a sacrifice was bought with money on which khums had become due. However, if they had bought it with money whose unspecific portion was liable for khums -as is the case normally - there is no problem in their pilgrimage, even if they used it from the money on which khums had become liable; of course, they will be responsible for that amount [for payment of khums].

All this is applicable, if they knew about the obligation of khums and the law forbidding them to utilize items on which khums has become wajib or if they were ignorant out of negligence. But, if they were ignorant out of innocence, their prayers and pilgrimage are valid.

83. Question: If a traveller leaves his home town immediately after the adhan of noon prayer, i.e. without saying that prayer, and reaches his destination after sunset, has he committed a sin? And is it obligatory on him to make up for noon prayer?

Answer: Yes, he has committed a sin by neglecting the obligatory prayer in its appropriate time, and he has to make it up.

84. Question: Is the ink that had dried [on our hands, for example] a barrier to perform wudhu or ghusl?

Answer: If it does not form a mass that would prevent water from reaching the skin, the wudhu and ghusl is valid. However, if one has doubt whether it forms a mass or not, it must be removed.

85. Question: Is it permissible for a Muslim to involve in pleasure by continuing to watch an entertaining movie even, though salat time is due, and then he goes to say his prayers just before it becomes overdue (qadha)?

Answer: It is not appropriate for a Muslim to delay the saying of salat from its preferred time (i.e., at the beginning of its time span) except for an excuse; what has been mentioned in the question is not an acceptable excuse.

86. Question: Is cream a barrier to water reaching the skin, and if so should it be removed prior to wudhu and ghusl?

Answer: Apparently the effect left on the skin after it is applied is nothing but just moisture, and so it does not constitute a barrier to water reaching the skin.

87. Question: Some women let their nails grow longer than necessary for beauty. Sometimes a nail breaks up, requiring a cover that must be placed over the broken nail. Knowing that such a cover prevents water from reaching the nail in wudhu and ghusl, is it permissible to use it? How should wudhu and ghusl be performed with that cover?

Answer: Wudhu and ghusl with such a cover over the nail is not valid; therefore, it is necessary to remove it for ablutions. And the purpose mentioned above for the cover is not justifiable.

88. Question: When should one say his salat full (tamam) and when should one say it qasr (two rakat instead of four)? Is the general perception about a person being resident of a city sufficient for him to say his salat fully [in that city]?

Answer: The conditions for qasr in travelling have been mentioned in the Manual of Islamic Laws. When a person considers residing in a city for a long time, and in the general perception it is considered as such, he is not considered as a traveller (e.g., if he intends to reside in that city for year and a half, it will be considered as his home-town after one month). But if he intends to stay in that city for a short while only and is considered, in the general sense, as a visitor, he should pray qasr.

89. Question: How can we know the time of mid-night? Do 00.00 hours the point of mid-night as it is commonly held by some people?

Answer: Midnight is halfway between sunset and true dawn. So if the sun sets at 7 p.m. and the true dawn begins at 4 a.m., then midnight will be at 11:30 p.m. The criteria for determining midnight are the timings of sunset and true dawn, which differ according to place and season.

90. Question: A person who believes that he will not be able to wake up for dawn prayer if he goes to sleep, is it obligatory on him to stay awake till the time of prayer? Is he committing a sin if he sleeps and does not wake up for dawn prayer?

Answer: It is possible for him to ask someone to wake him up for dawn prayer or use an alarm clock, etc, for this purpose. If these means of waking up are not possible, then he is not committing a sin by going to sleep unless it is considered, as is widely believed, an insult to, and neglect of, the salat.

91. Question: How can we say our obligatory prayers in an aircraft, especially if we do not know the direction of the qiblah taking into consideration the instability of the floor [because the plane is in motion]?

Answer: As for the qiblah, it is possible to identify its direction by asking the captain or the airhostesses because their answers usually carry validity and are a source of assurance. One should therefore act accordingly.

As for the stability of the floor where salat is to be performed, that condition will be waived when it is not possible to achieve it. However, other conditions of prayers should, wherever possible, be observed. Under no circumstance should the prayer be delayed beyond its appropriate time span.

92. Question: How should we say our salat in trains and cars? Is it necessary to do prostration (sajda) on something or is it not necessary, in that would bending of the neck be sufficient?

Answer: It is obligatory to say salat in the usual way where possible. So, one should face the qiblah in all stages of the salat; if not, at least while saying the opening takbir. Otherwise the condition of facing the qiblah will be dropped.

Similarly, if it is possible to do the bowing (ruku') and prostration (sajdah) normally (e.g., in the aisle of the bus or the train), those parts of salat should be done normally. But if it is not possible, then one should try to bow normally for ruku' and sajdah [for example, from a sitting position on the seat or the berth of the train].

For sajdah, one has to put the forehead on an item on which sajdah is valid, even if by lifting that item to the forehead. If bowing normally is not possible, one should just indicate by bending the neck [halfway for ruku and fully for sajdah].

93. Question: If the time for salat has come while the student is still on his way to the university. When he reaches the university, he realizes that the time of salat has ended. In this case, is it permissible for him to say salat in the car although there are places in which he could pray, yet by going to those places he may risk becoming late [for his university]?

Answer: The delay in getting to the work place [or university] is not a good enough reason for praying in the car. This is because it involves non fulfillment of some of its conditions while it is possible to get down and pray normally on the earth with all the conditions fulfilled. However, if the delay is going to cause him considerable harm or put him in an untenable situation, it is permissible for him to pray in the car, (without being able to fulfill some of prayer's conditions).

94. Question: It happens that the time of salat sets in while the Muslim worker is at his work-place, - noting that finding work is not easy - thus, he finds it difficult to leave the work for salat. Sometimes he ends up losing his job because of his insistence on saying salat. Is he allowed to say his prayers as qadha? Or must he say them [on time], even if it leads to him losing his job?

Answer: If the need to work at that place reaches the level of necessity, then he should pray in time in whatever way possible: even just by indicating [by lowering the neck halfway for ruku' and fully for sajda]. However, such a situation would arise only exceptionally. So he should fear Almighty Allah and not accept a job which leads to neglecting the pillar of faith; thus, he should remember the words of the Almighty: "And whosoever fears Allah, He will make a way out for him [from difficulties] and provide for him from where he does not expect." (65:2)

95. Question: Many big companies and business in the West employ large numbers of employees who work in offices about whose ownership they have no idea. So what is the ruling on:

a. Praying in those offices and using the water for wudhu?

b. If praying there is problematic, what would become of past prayers said in those places?

Answer:

a. There is no problem in praying in those places nor in using the water for wudhu as long as it is not known to have been usurped.

b. If it becomes clear after saying the salat that the property was usurped, the past prayers are valid.

96. Question: If I pray with a leather belt or a wallet made from leather of a mayta and realize it during the salat or after finishing it but before the end of its time span or after the ending of its time span-what would become of that prayer?

Answer: The prayer with a wallet made from leather of a mayta is valid just as it is acceptable to pray with a belt made from such a leather, provided that the probability of it being from zabiha is not a very low probability that would be ignored by sensible people.

In the second case [of very low probability], if he was ignorant [of this rule] and realized during salat, he should take it off immediately and his salat would be valid. The same rule would apply if he forgot [that he had the wallet or the belt on him] and remembered during salat, provided that his forgetfulness was not a result of carelessness and indifference. In other cases, he will have to repeat salat in time or qadha as a matter of obligatory precaution.

97. Question: One of the famous trousers these days is the one known as jeans. It is made in non-Muslim countries. It has a piece of leather used as a label. It is not known whether the leather is that of an animal slaughtered Islamically or non-Islamically-is it permissible to say salat with these trousers?

Answer: Yes, it is permissible.

98. Question: Is salat valid if the person uses cologne? Is cologne ritually pure?

Answer: Yes, it is pure.

99. Question: Is it alright to do sajdah on concrete or on mosaic?

Answer: Yes, it is alright.

100. Question: Some prayer-mats are made of synthetic material; is it permissible to do sajdah on them?

Answer: Sajdah on such items is not good enough.

101. Question: Is it permissible to do sajdah on writing paper and on paper tissues, especially, if is not known whether or not the raw material they are made of was from items on which sajdah is valid?

Answer: It is not permissible to do sajdah on paper tissues, only after ascertaining that they have been made from items on which sajdah is allowed; it is permissible to do sajdah on paper if it is made from material on which sajdah is allowed or from cotton or flax.

102. Question: A reciter of the Holy Qur'an recites a verse of wajib sajdah, on hearing it from a cassette player, is it obligatory on us to do sajdah in this case?

Answer: It is not obligatory.

Notes

1. Tafsilu Wasa'ili 'sh-Shi'a, vol. 4, p. 35.

2. Imam 'Ali, Nahju 'l-Balagha (ed. Subhi as-Salih), p. 422.

3. Tafsilu Wasa'ili 'sh-Shi'a, vol. 4, p. 28.

4. Sayyid Muhammad Hadi al-Milani, Qudatuna: Kayfa Na'rifuhum, vol. 6, p. 164 which has a special section on the prayers of Imam Zaynu 'l-'Abideen (a.s.).

5. Sayyid as-Sistani, Minhaju 's-Saliheen, vol. 1, p. 193.

6. "In normal cases" means other than the major metropolitan cities where going from one end to another is considered travelling.

7. Translator's Note: Khums is an annual Islamic tax applied, among other things, on the savings. See the Manual of Islamic Laws or the present translator's, Khums: An Islamic Tax for details.