Summary of Rulings chapter2

 Summary of Rulings

Chapter2

Ta’qeebaat As-Salah Issue 420: It is recommended that the worshipper engage in Zikr and Dua' and recitation of Qur’an after the prayer, this is called Ta'qeeb. The best manner is that before moving from one's place and doing whatever may invalidate the Wudhu’, to face the Qiblah and perform the Ta'qeebaat. Many Ta'qeebaat have been recorded in the books of supplications from the infallible A’immah, upon them be peace. Among the most important is the Tasbeeh of Fatimah Az-Zahraa’, upon her be peace, it is in the following manner: ﺍﻟﻠﻪ ﺍﻛﺒﺮ (34 times) ﺍﻟْﺤَﻤْﺪُ ﻟﻠّﻪِ (33 times) ﺳُﺒْﺤﺎﻥَ ﺍﻟﻠﻪ (33 times) There are many virtues in this Tasbeeh and great

Invalidation of Prayer Issue 421: The things that invalidate the prayer are twelve: First: Removal of one of the conditions of prayer during the prayer. Issue 422: Second: To perform that which invalidates the Wudhu’ and the prayer, intentionally, inadvertently or by compulsion. However, the one afflicted with urinary and gastronomic disorders, it is obligatory that they act according to the duty and method whose mention has passed in the rules of Wudhu’. The emergence of blood from a woman with irregular bleeding (Istihaadhah) does not invalidate the prayer with the condition that she acts in accordance with the duty of the woman having irregular bleeding (Mustahaadhah). Issue 423: Third: Among the things invalidating the prayer is Takfeer and Qabdh, it is to place one hand over the other in prayer as some of the Islamic sects do. Even placing one of the two hands on the other or placing the hand on the chest in the state of prayer with the intention of respect, although it is not resembling that previously mentioned. The precaution, then, is to repeat the prayer. As for when this action is done out of forgetfulness or due to compulsion or another matter, like one hand scratching the other and similar things, there is no objections. Issue 424: Fourth: Among the things invalidating the prayer is to say Ameen after finishing Surah Al-Hamd. The precaution is in this situation to complete the prayer, then, repeat it a second time. However, one says this expression mistakenly or due to dissimulation (Taqiyyah) , then, there is p: 124 

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no objection. Issue 425: Fifth: Among the things invalidating the prayer is to turn the back toward the Qiblah or to place it completely on the left or right intentionally or inadvertently. Likewise, one's prayer is invalidated when one turns in the amount that it is not true that one is facing toward the Qiblah. Issue 426: Sixth: Among the things invalidating the prayer is that the worshipper talks intentionally, although with a sentence or one word, even if with one word having two letters only, like: ﻣﺎ and ﻣﻦّ. Rather, the precaution is to nullify the prayer if one speaks with two letters having no meaning. (Intended by precaution in invalidating the prayer is to complete the prayer, then, repeat it anew). Issue 427: Speaking inadvertently or due to forgetfulness does not invalidate the prayer. Issue 428: It is obligatory that the worshipper does not greet anyone in the state of prayer, however, when someone greets him, it is obligatory to return the greeting. The return, however, is obligatory to be like the greeting, for example, if one says: As-Salaamu 'Alaikum, its reply is: As-Salaamu 'Alaikum. When one says: Salaamun 'Alaikum, its reply is: Salaamun 'Alaikum. Even if one says: Salaam, its reply is: Salaam. Issue 429: Returning the Salaam is obligatory in other (circumstances besides) prayer also. Regarding delivering the Salaam and initiating it, then, it is recommended. It is obligatory that the return (meaning the reply) be in a manner deemed as returning the Salaam, meaning if there is a delay p: 125 

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for a period of time in returning (the Salaam) whereas the reply and the return are not deemed to be together, it is deemed as a sin and it is not obligatory upon to return (the Salaam) to the other. Issue 430: When a person enters upon a group and greets them, it is obligatory upon all to return the greeting. If one of them returns the greeting, it suffices for all. Issue 431: Initiating the Salaam is one the emphatic recommendations and much emphasis has come in the Noble Qur’an and the Islamic traditions. The rider should give Salaam to the one on foot, the one standing should give Salaam to the one sitting and the younger should give Salaam to the elder. Issue 432: Seventh: Among the things invalidating the prayer is laughing with sound intentionally. Likewise is the laughing which is involuntary. As for smiling, it does not invalidate (the prayer) although it is intentional. As such is laughing inadvertently thinking that one is not in prayer, it does not bring about invalidation of the prayer. Issue 433: Eighth: Among the things invalidating the prayer is crying with sound, although it is not voluntary. Rather, crying without sound invalidates the prayer also (according to obligatory precaution). This is when the crying is not for fear of Allah the hereafter, otherwise, it does not bring about invalidation of the prayer. Rather, it is one of the best deeds and the custom of the friends of Allah (Awliyaa' Allah). Issue 434: Ninth: Among the p: 126 

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things invalidating the prayer are actions which ruin the form of prayer, like hand clapping and jumping and whatever is similar to that, be it intentional or inadvertent or due to forgetfulness. As for actions which do not ruin the form of prayer, like a gesture, for example, it does not invalidate the prayer. Issue 435: Tenth: Among the things invalidating the prayer is eating and drinking in such a manner that it ruins the form of prayer. As for swallowing remaining particles of food and whatever, between the teeth which is similar to it during the prayer, it does not invalidate the prayer. Issue 436: Eleventh: Among the things invalidating the prayer is doubt in the two and three Raka'ah prayer and, likewise, doubt in the first and second Raka'ah of a four Raka'ah prayer. Issue 437: Among the things invalidating the prayer is addition and reduction in a pillar (Rukn) of the prayer, intentionally or inadvertently, like adding or reducing the Rukoo' or the two prostrations together. Regarding the addition and reduction of that which is not a pillar, if it is unintentional, then, it does not invalidate (the prayer). If it is intentional, it invalidates the prayer, like adding or reducing one prostration. 

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Instances in which it is Permitted to Break the Prayer point Issue 438: It is not permitted to break the obligatory prayer and ruin it intentionally according to precaution. However, there is nothing prevention that in order to ward off damage in property and body. For example, when the life of the worshipper or whomever he is obligated to p: 127 

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protect is in danger and it is not possible to ward off the danger except by breaking the prayer, then, it is obligatory to break the prayer in this situation. Likewise it is in order to protect property one is obligated to protect. As for property which is not of great importance, then, it is disliked (Makrooh) to break the prayer due to it. Issue 439: The doubts of prayer are 23 divisions: 1) Doubts which invalidate the prayer, they are 8 divisions. 2) Doubts which are not to be paid attention to, they are 6 divisions. 3) Proper doubts, they are 9 divisions. Their explanation will come in the subsequent issue, by the permission of Allah the Exalted. Issue 440: Eight doubts that invalidate the prayer are as follows: 1) Doubt (Shakk) in the two Raka'ah prayer of Salatul-Fajr and the traveler's prayer (Salatul-Musaafir). However, doubt in the two Raka'ah recommended prayer does not invalidate the prayer. 2) Doubt in the three Raka'ah prayer (Maghrib) 3) Doubt in the four Raka'ah prayer, when any one of the two sides of doubt is in the first Raka'ah, like doubting whether one Raka'ah or three Raka'ah have been prayed. 4) Doubt in the four Raka'ah prayer before completing the second prostration when one of the two sides of doubt is in two Raka'ah (like doubting, before completing the two prostrations whether two Raka'ah have been prayed or three). 5) Doubt between two and five (Raka'ah) or more than five. 6) Doubt between three and six (Raka'ah) and more than six (of course, p: 128 

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this doubt only occurs rarely but it is necessary to explain its rule at this time). 7) Doubt between fourth and six (Raka'ah) and more than six. However, the obligatory precaution here is act according to the doubt between four and five, meaning to base it on being four (Raka'ah) and complete the prayer, then, after the prayer perform two prostrations of forgetfulness (Sajdatus-Sahw) , then, repeat the prayer a second time. 8) Doubt in the number of Raka'ah in that it is not known how many Raka'ah have prayed. Issue 441: When one of the invalidating doubts happen to a person during the prayer, it is not permissible for him to break the prayer immediately, rather, it is obligatory that he think a while first. Then, if his doubt is established and does not vanish, he can abandon the prayer. Issue 442: The doubts that are not be paid attention to are as follows: 1) Doubt after the place (has been passed). 2) Doubt after the Salaam (the closing of the prayer). 3) Doubt after the expiration of the time of the prayer. 4) The doubt of excessive doubting. 5) The doubt of the leader of prayer (Imam) and the followers (meaning the doubt of every Imam and follower in the Raka'ah with the safeguarding of the other. Then, the one of the two in doubt will refer to the other). 6) Doubt in the recommended prayer. The explanation of each of these doubts will come in the coming issues. Issue 443: When there is doubt in the number of Raka'ah p: 129 

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in the four Raka'ah prayer, one's doubt is proper in 9 situations, they are: • First: Doubt between two and three (Raka'ah) after raising the head from the second Sajdah. In this situation, base (the number of Raka'ah) on three Raka'ah having been prayed. Then, perform one other Raka'ah and complete the prayer. After the prayer, perform one Raka'ah of the prayer of precaution (Salatul-Ihtiyaat) standing. The explanation of the method of this Raka'ah will come. • When the doubt is in the second prostration after the obligatory Zikr, act according to this method also, according to obligatory precaution, then, repeat the prayer after that. (This rule is applied in all of the instances in which doubt occurs after completing the second prostration and before raising the head from it). • Second: Doubt between three and four (Raka'ah) in any place in the prayer it may be. The prayer is based on four (Raka'ah) and complete the prayer, then perform one Raka'ah of the prayer of precaution standing or two Raka'ah sitting. • Third: Doubt between two and four (Raka'ah) after raising the head from the second prostration. Then, the prayer is based on four (Raka'ah) and the prayer is completed, then, two Raka'ah of the prayer of precaution is performed standing. • Fourth: Doubt between two, three and four (Raka'ah) after raising the head from the second prostration. The prayer is based on four (Raka'ah) and after completing the prayer, two Raka'ah of the prayer of precaution is performed standing and two Raka'ah sitting. • p: 130 

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Fifth: Doubt between four and five (Raka'ah) after raising the head from the second prostration. The prayer is based on four (Raka'ah) and the prayer is completed and, afterward, two prostration of forgetfulness (Sajdatus-Sahw) are performed. • Sixth: Doubt between four and five (Raka'ah) in the state of standing. Then, one sits down until his doubt changes to doubt between three and four. Then, it is based on four and the prayer is completed. Then, one Raka'ah of the prayer of precaution is performed standing or two Raka'ah sitting. The obligatory precaution is to also repeat the prayer. • Seventh: Doubt between three and five (Raka'ah) in the state of standing. It is obligatory to sit until the doubt changes to doubt between the two and four. Then, it is based on four and the prayer is completed. Then two Raka'ah of the prayer of precaution is performed standing. The obligatory precaution is to repeat the original prayer also. • Eighth: Doubt between three, four and five (Raka'ah) in the state of standing. Then, it is obligatory to sit, then, one's doubt should return to doubt between two, three and four. Then, it will be based upon four and prayer completed. Then, two Raka'ah of the prayer of precaution are performed standing and two Raka'ah sitting. The precaution is to repeat the original prayer also. • Ninth: Doubt between five and six in the state of standing. It is necessary to sit in order that one's doubt is changed to doubt between four and p: 131 

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five, then, the prayer is completed. After the prayer, two prostrations of forgetfulness are performed. The precaution is also to repeat the original prayer. Issue 444: When proper doubts come to people, it is not permissible for them to break their prayer, rather, it is obligatory upon them to act according to the duties mentioned in the preceding issues. It is obligatory at the time of doubts occurring, whatever type it may be, to think a while first. Then, when certainty is not gained for one of the two sides of doubt or an assumption (Zann) is not obtained in the instances in which an assumption is considered for whatever side, then, one's doubt is one of the invalidating doubts and the prayer is abandoned (in other words broken) and started anew. When the doubt was one of the proper doubts, one must act according to the duties mentioned in the preceding issues. Issue 445: The ruling of an assumption (Zann) in the Raka'ah of prayer is (like) the ruling of certainty, meaning that it is obligatory to base it on that which one assumes and continue to the prayer. However, when that is in the first and second Raka'ah, then, the obligatory precaution is to repeat the prayer after that as well. Issue 446: The prayer of precaution (Salatul-Ihtiyaat) is that which is performed at the time of doubt in the Raka'ah of prayer in the following manner: After the Salaam (conclusion) , it is obligatory for the worshipper to make the intention of p: 132 

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the prayer of precaution, then say: Allahu Akbar and recite Surah Al-Hamd (abandoning the second Surah). Then, bow, then, prostrate the two prostrations like the ordinary prayer. When one's duty is to perform one Raka'ah of the prayer of precaution, the Tashahhud is made after the two prostrations and the Salaam is made. When one's duty is to perform two Raka'ah of the prayer of precaution, stand after the second prostration and perform the second Raka'ah like the first (in other words, recite Surah Al-Hamd only, then, bow and make two prostrations). Then, the Tashahhud is made after the second prostration and the Salaam is performed. Issue 447: There is no Azaan nor Iqaamah for the prayer of precaution, nor a second Surah nor a supplication (Qunoot). Inaudible recitation is obligatory in the recitation of Surah Al- Hamd. Rather, the obligatory precaution is to recite the Basmallah inaudibly also, although one has not performed any action invalidating the prayer between the original prayer and the prayer of precaution. Doubts in Prayer 1. Invalid Doubts 2. Doubts That Are Not To Be Paid Attention To 3. Proper Doubts The Method of The Prayer of Precaution 

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Instances in Which The Prostration of Forgetfulness is Obligatory Issue 448: It is obligatory to perform the two prostrations of forgetfulness after the prayer for a number of matters in the manner whose mention will come, according to obligatory precaution. 1) For speaking inadvertently (meaning speaking while assuming that one had already finished the prayer). 2) For the Salaam inadvertently (mentioned) in other than its place (meaning that the Salaam was made at the end of two Raka'ah in a four Raka'ah prayer, for example). 3) For the forgotten prostration. 4) For the forgotten Tashahhud. 5) When one inadvertently sat p: 133 

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in place of standing or one stood in place of sitting. 6) It is obligatory at the time of doubt between four and five (Raka'ah) after the second prostration, to complete the prayer and after that perform two prostrations of forgetfulness. Likewise, it is recommended to perform the two prostrations of forgetfulness for every increase and reduction. The Method of The Prostration of Forgetfulness Issue 449: The prostration of forgetfulness is performed in the following manner: After the prayer, immediately make the intention for the prostration of forgetfulness, then, make a prostration and say in the prostration: ﺑِﺴْﻢِ ﺍﻟﻠﻪِ ﻭَ ﺑِﺎﻟﻠﻪِ ﺍﻟﺴَّﻠﺎﻡُ ﻋَﻠﻴْﻚَ ﺃَﻳُّﻬﺎ ﺍﻟﻨَّﺒِﻲُ ﻭَﺭَﺣﻤَﺖُ ﺍﻟﻠﻪِ ﻭَ ﺑَﺮَﻛﺎﺗُﻪُ “In the name of Allah and By Allah, Peace be upon you O Prophet and the Mercy of Allah and His Blessings” Then, raise the head from the prostration, then, prostrate the second time and repeat the same Zikr. After that, raise the head from the prostration and make the Tashahhud and Salaam. The precaution is that the obligatory part suffices for Tashahhud and one can be contented with the final Salaam only. Issue 450: It is obligatory to perform the two prostrations of forgetfulness facing the Qiblah; to have Wudhu’ and purity (Tahaarah) and to place the forehead on that which the prostration is proper upon in prayer. The Qadhaa’ of The Forgotten Prostration And The Forgotten Tashahhud Issue 451: When one prostration was forgotten or a number of prostrations of numerous Raka'ah, it is obligatory to perform its re-make (Qadhaa’) after the prayer (of course, forgetting two prostrations together in one Raka'ah invalidates the prayer). When the Tashahhud was forgotten, it is obligatory to perform its p: 134 

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Qadhaa’ immediately without delay. It is performed in addition to the Qadhaa’ of the forgotten (items) with two prostrations of forgetfulness, according to obligatory precaution (however, the Tashahhud in the two prostrations of forgetfulness suffices for the forgotten Tashahhud). Issue 452: Conditional in the Qadhaa’ of the forgotten Tashahhud and the forgotten prostration is all that is condition in the prayer (like) purity (Tahaarah) , the Qiblah and other conditions. It is obligatory to perform them directly after the prayer. Defects in the Parts of the Prayer and its Conditions Issue 453: When something in one of the obligatory matters of prayer are added or reduced intentionally, the prayer is invalid. As for when that action is done out of ignorance of the issue, then, if that part is a pillar (Rukn) , the prayer is invalid. When the parts are a non-pillar, the prayer is valid with the condition that one be ignorant and restricted, in other words, it was not possible to learn the legal issues. When there is an addition or reduction in the parts of prayer inadvertently, if that part is one of the pillars of the prayer, the prayer is invalid. When it is not one of the pillars, the prayer is valid. When it was one of the conditions of prayer, like Wudhu’ or Ghusl already examined, the prayer is invalid, be it intentionally or inadvertently. Issue 455: When it is known after the prayer that one has prayed before entering the time of prayer or he prayed with the back facing the Qiblah, it is obligatory to repeat the p: 135 

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prayer with the time or its Qadhaa’’ when the time has expired. However, when one has prayed with the Qiblah to his left or right inadvertently, the prayer is not invalidated. 

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Prayer of the Traveler point Issue 456: It is obligatory upon the traveler to shorten his prayer (in other words to perform the four Raka'ah prayer as two Raka'ah in place of four Raka'ah) and that is with eight conditions: The First Condition: That the distance which is covered in one's journey is not less than eight legal Faraasikh (in other words, the extent 43Kilometers/26. 7 US miles). Issue 457: It is obligatory upon he whose sum of going and returning is eight Faraasikh to shorten his prayers whether his going is four Faraasikh (in other words 21. 5 Kilometers/ 13. 4 miles) or more or less. Rather, it suffices that the amount of one's going and return be eight Faraasikh in order to shorten one's prayer whether one returns in the that same night or does not return, except that one stays in a place in the middle of this journey for ten days. Issue 458: At the time of figuring the legal distance, it is obligatory to begin with the last house of the city. Issue 459: The Second Condition: it is to intend from the beginning of the matter to travel the legal distance. Based on this, when one intends from the beginning to travel less than eight Faraasikh and in the way or after arriving to the intended place, one intends to extend his journey so that the p: 136 

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total is eight Faraasikh, due to that, he prays a complete prayer and does not shorten it. However, when it is intended during or after arriving at the intended destination to travel eight Faraasikh or more (further) , one's prayer is shortened. Issue 460: He who travels searching for a lost item and does not known how much it will be necessary to travel in order to arrive at one aim, it is obligatory to pray one's prayer full. However, at the time of returning to one's country or a place of (temporary) residence, when the distance is eight Faraasikh or more, one's prayer is shortened. Issue 461: He whose choice of travel is (in the hands) of another, like the child who is obligated to travel with his father, if he knows that his father will travel eight Faraasikh, it is obligatory that he shorten his prayers. Likewise, if one is taken to a place out of compulsion (like a prison) , and it is known that he will travel eight Faraasikh or more, it is obligatory for him to shorten is prayer, except when there is a reasonable possibility that he will separate from them before four Faraasikh and return. Issue 462: The third condition: Is not to change from one's intended (destination) in the way. According to this, when one changes from one's intended (destination) before arriving at four Faraasikh or one is in doubt, it is obligatory to pray full. As when one changes from the intended (destination) after reaching four Faraasikh, p: 137 

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it is obligatory to shorten one's prayer, except that one is in doubtful about remaining or returning or he desires to stay there for ten days. Issue 463: The fourth condition: Is that one not pass through his own city before reaching eight Faraasikh and that one not intend to reside and stay ten days or more in a place along the way. When one passes through his city, his journey is disrupted and, likewise it is when one arrives at a place of (temporary) residence. When one becomes doubtful as to whether to he has passed through his city or resides in a place for ten days or not, then, it is obligatory to pray one's prayer full. Issue 464: The fifth condition: That the journey not be undertaken to commit a sin. Then, when the journey is for the aim of stealing or treachery or another unlawful deed, it is obligatory to pray full. Likewise, when the journey itself is unlawful, like there being a harm considered upon the body or when a woman travels without the permission of her husband (according to obligatory precaution) or a child travels in spite of the prohibition of his parents so that it brings about distress upon them, then, it is obligatory upon these to pray full and they do not have the right to shorten (their prayers). However, when the journey was obligatory, like the obligatory pilgrimage (Hajj) the agreement of the husband and the parents is not conditional and it is p: 138 

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obligatory to shorten the prayers. Issue 465: It is permissible to travel with the intention of roaming or recreation and whatever may be similar as long as one does not go to the extreme and other unlawful acts, it is obligatory to shorten the prayer. Issue 466: He who travels for hunting for his own livelihood, then, his travel is lawful and his prayer is shortened. Likewise it is when someone travels to increase profits and earnings. As far as traveling for hunting as a recreation and entertainment, then, his travel is unlawful and it is obligatory that the prayer is prayed full. Issue 467: The sixth condition: It is that one not be a nomadic Bedouin who has no specific home. Rather, they stop and take up residence wherever they find water and pasture for themselves and for their animals. These (people) , then, pray full and they fast in all of these journeys. Issue 468: The seventh condition: That one's occupation not be traveling, like a driver, sailor, pilot or camel driver similar to these of he whose occupation is traveling. It is obligatory upon these (people) to pray full, although it is their first journey. Issue 469: He whose occupation is not traveling, however, the journey is a prerequisite for his occupation, like a teacher, laborer or an employee who resides in a city but he is compelled to travel to another area specifically for his employment and the distance between the places are eight Faraasikh going and coming or more, it is p: 139 

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obligatory upon them to pray full and fast. Issue 470: He whose occupation is traveling, when he travels for other than his employment (like traveling for the pilgrimage or Ziyaarah or another purpose) it is obligatory for him, like the rest of the travelers, to shorten the prayer. However, when a driver hires his car for Ziyaarah and (travels for Ziyaarah) and he is responsible to drive (his car) , it is obligatory that he pray his prayer complete. Issue 471: He whose occupation is traveling, when he stays in a place for ten days or more, whether that place is his city or not, whether he intended initially to stay there ten days or not, it is obligatory upon him to shorten (his prayer) and prays full in the beginning of the journey he travels after ten days are completed in that place (according to precaution). If he had doubt whether he will remain in that place for ten days or not, it is obligatory that he pray his prayer full. Issue 472: The eighth condition: That one arrive at the city limits, meaning that he has gone beyond his city or the place of his (temporary) residence by an amount with which he is not able to hear the sound of the Azaan of the city nor can see its inhabitants. There is no consequence of seeing the walls of the city or not seeing them. However, it is necessary that there not be dust or fog in the atmosphere or something p: 140 

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else preventing a sighting or prevents hearing. 

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Disruption of the Journey Issue 473: There are a number of matters disrupting the journey and it is obligatory upon people to pray one's prayer full, these matters are: First: Arrival at the hometown. Intended by the hometown is the place which people select for residing and living in whether they were born there or not, whether it is the hometown of their father and mother or it was selected without them. Issue 474: When people select a place for their residence when there it is said about them that they are not traveler, whether the intent of residence is permanent or temporary (for example, if one intends to remain there a number of years, that place) is in the ruling of his hometown. Likewise, are the employees of governmental departments for whom it is possible that they remain in a place a number of years. Then, that place will have the ruling of a hometown applied upon it for them. Issue 475: Sometimes a person resides in places (in other words, he takes two hometowns) , for example, he lives in a town for six months and in another town for six months. In this situation, both places will be considered as a hometown for him. Rather, it is possible that people can take three hometowns for themselves. Issue 476: When people have lived in a place and had taken it as a hometown, then, if he abandoned that place (meaning that he does not intend to live there) , then, whenever he travels p: 141 

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to that place to visit his relatives and friends, it is obligatory that he shorten his prayers whether he has property or real estate there or not, whether his relatives live there or not, except that they intend to reside ten days in that place. Likewise, when people take a place to live other than their original hometown, and remain there six months or more, then, abandon it, they will shorten their prayers there whether they have property or real estate in that place or not. Issue 477: Second: Intending to (temporarily) reside ten days. When a traveler intends to reside in a place ten consecutive days or he knows or he knows that he will be compelled to stopover there ten days, full (prayers) are obligatory for him. Issue 478: The traveler who intends to reside in a place for ten days, it is permissible for him to intend to stay in a number of places with the condition that the places are very close (for example, the distance is a Kilometer or two Kilometers or a few more) such that when he transfers between them, it cannot be said that he is a traveler. Likewise, there is no difference between small cities and large cities. Therefore, the big cities do not differ from the small cities in the rules of the traveler. Issue 479: The traveler who intends to reside in a place ten days, if he intends from the beginning to go to the outskirts of that area during the ten p: 142 

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days, then, if those outskirts are not very far such that it would be counted as a journey, it is obligatory that he prays full. As for when it such that it will be considered as a journey or part of a journey, it is obligatory for him to shorten his prayer in each of those ten days. Issue 480: When a person intends to reside in a place for ten days, however, there is a probability that a barrier may arise (preventing him) from reaching ten days, then, if people does not weight that probability (in other words, it is not a reasonable probability) , it is obligatory upon them to complete the prayers (full). As for when there was a strong probability, they pray shortened. Issue 481: When there was the intention to reside in a place for ten days, then, one's intention is changed or there is doubt in it, then, if that was before praying one four Raka'ah prayer, one will shorten his prayer. If it was after performing one four Raka'ah prayer, it is obligatory to pray one's prayer full as long as he is in that place. Issue 482: Third: To remain in a place for a period of a month without intention. When a traveler stops over in one place and does not know how long the period is that he will be staying there, it is obligatory upon him to shorten his prayers. When, in this condition, he passes one month, it is obligatory upon him p: 143 

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to (pray his prayers) full, although he may remain after that for a short period (although the month is a lunar month which is often less than thirty days, it suffices also, for example for the tenth of this month to the tenth of the next month). Miscellaneous issues of Travel Issue 483: The traveler can choose between a shortened or full prayer in four places, they are: Masjidul-Haraam (at the Holy Ka'abah) ; the Masjid of the Messenger of Allah, the Blessings of Allah be upon him and his family; the Masjid of Kufah and the Harem of the Leader of the Martyrs, Imam Al-Hussain Ibn Ali, peace be upon him. The best manner in these places is to pray full. There is no difference between the Masjidul-Haraam in the time of the Messenger of Allah, the Blessings of Allah be upon him and his family and the time of pure A’immah. Rather, (it includes) the expansion that has been achieved in it afterward or that which will be achieved in the future. Likewise it is with relation to the Masjid of the Messenger, the Harem of Imam Hussain and the Masjid of Kufa. Issue 484: He who knows that he is a traveler and that his duty in the prayer (is to pray) shortened, then, he prays full intentionally, his prayer is invalid. Likewise, when he forgets that it is obligatory upon a traveler to shorten the prayer, then, prays full, it is obligatory upon him to repeat it. Likewise it is when one knows the rule p: 144 

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of the prayer of the traveler and does not pay it attention in the state of traveling and makes the prayer full. As for when he did not originally know that the duty of the traveler is to shorten the prayer and had not ever heard this issue, then if he prays full in the place of shortening (the prayers) his pray is valid. Issue 485: The traveler who knows generally that his duty is to shorten the prayers, when he did not know some of the parts of that (for example, he does not know the conditions of shortening the prayer is that he must travel eight Faraasikh) , if he prays full, the precaution is to repeat it shortened. Issue 486: When one forgets that he is a traveler and prays full, then, if he remembers in the time (of the prayer) it is obligatory that he repeat it shortened. If he remembers after the time, he does not remake it. Issue 487: When the pray had passed (without being performed) in a journey, it is obligatory to remake it shortened (whether he intends to remake in the state of traveling or in the state of being in his hometown). In the reverse of that, when the prayer has passed (without being performed) in the hometown, it is obligatory to remake it as a full prayer whether its remake (Qadhaa’) is in the state of travel or in the state of his being in the hometown. Issue 488: The rule of the prayer p: 145 

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of the traveler is not linked to ease or difficulty of travel. Rather, shortening the prayer is obligatory in the prayer even in travels and comfortable journeys of this age when the aforementioned conditions are present. 

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The Prayer of Qadhaa’ Issue 489: When people (do not perform) the obligatory prayer in its time, it is obligatory for them to make it (Qadhaa’) although he had be asleep for the entire time of the prayer or the prayer had lapsed in illness or intoxication. As for when (one is unconscious) for the entire time (of the prayer) , then, the Qadhaa’ is not obligatory. Likewise, the Qadhaa’ is not obligatory upon the non-Muslim when he accepts Islam nor upon the woman whose prayers have lapsed in the state o of menstruation (Haidh) and afterbirth bleeding (Nifaas). Issue 490: He who has the Qadhaa’ of a lapsed prayer obligatory upon him, it is obligatory he not negligent nor remiss in performing the Qadhaa’. However, it is not obligatory to make the Qadhaa’ immediately, except that the prayer is intended to be prayed before a prayer or two prayers expire before it. Then, the obligatory precaution in this situation is to make the Qadhaa’ of the lapsed prayers of that day, then, pray the current prayer. Issue 491: He who has in his duty the Qadhaa’ of a lapsed prayer, it is permissible that he perform recommended prayers. There is nothing preventing performing the Qadhaa’ of the lapsed prayers before the daily prayers or after them. Issue 492: It Is not obligatory p: 146 

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to pay heed to the sequence in the Qadhaa’ of lapsed prayers except between Zuhr, 'Asr, Maghrib and 'Ishaa’ of one day. Issue 493: He who has a number of lapsed prayers and does not know their number, for example, he does not know whether it is two prayers or three prayers, it suffices to perform the minimum amount. As for when he knows of that (range) in what has passed, however, he has forgotten the reason of his negligence, then, the obligatory precaution is to perform the majority. Issue 494: It is permissible for he who has as his duty the Qadhaa’ of lapsed prayers for number of preceding days to perform his daily prayers before performing the Qadhaa’ of those lapsed prayers except that the lapsed prayers are considered a prayer or two prayers before the current prayer. Then, it is obligatory upon him, according to obligatory precaution, to perform the lapsed prayers before the current prayer, as you are aware. Issue 495: It is recommended to habituate the discerning child (discerning between proper and shameful, and good and evil) with prayer and the remaining acts of worship. Rather, it is recommended to encourage him (to perform) the Qadhaa’ of his lapsed prayers (in that it is necessary that he not complete that in a manner bringing pressure upon him and leading him to dislike worship). 

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The Obligation of The Qadhaa’ for the Lapsed Prayer of the Parents upon the eldest Children 

 point Issue 496: It is obligatory upon the elders son (meaning the eldest son of the deceased after his death) to make the Qadhaa’ of the prayers p: 147 

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or fasts of his father and mother which have lapsed (without being performed) and they have not lapsed due to their disobedience and (the eldest son) is capable of their Qadhaa’ and that is after their death. Rather, (the eldest son) should make the Qadhaa’ on their behalf their lapse was due to disobedience, according to recommended precaution. Likewise, the eldest son will make the Qadhaa’ of the fasts which they had not made by reason of traveling, if they were not able to make its Qadhaa’, according to obligatory precaution. Issue 497: When another person (other than the eldest son) makes the Qadhaa’ of those prayers and fasts (the responsibility) is dropped for the eldest son. Issue 498: When the eldest son does not know anything of his fathers or mothers prayers or fasts has lapsed or not, nothing is obligatory upon him. It is not obligatory upon him to investigate or explore that (matter). Issue 499: When the eldest son has died, nothing is obligatory upon the remaining children. Issue 500: Hiring for the Qadhaa’ of prayer and other lapsed worship as a representative of the deceased is not without objection except in the pilgrimage. It is essential for he who intends to hire a person for the Qadhaa’ of the worship of another to have the intention of Rijaa’ (meaning to performing with the hope and expectation that it will be accepted) and the payment is given under the title of a gift. Regarding performing the lapsed prayers and fasts, and p: 148 

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likewise, the recommended prayers with the intention of Qurbah and without pay, then, there is no objection in it. Issue 501: It is permissible for people to hire out themselves for some of the recommended acts, like Ziyaarah to the grave of the Messenger of Allah, the Blessings of Allah be upon him and his family and the pure A’immah, upon them be peace as a representative of a living person. However, the obligatory precaution is that the money and payment is taken as a prerequisite of these acts. As such it is permissible to establish some of these recommended acts and grant its reward to the deceased or the living. Issue 502: It is obligatory the person who undertakes the Qadhaa’ of lapsed (worship) on behalf of the deceased be very knowledgeable of the issues of prayer and that his recitation be proper. Issue 503: It is obligatory that he who represents a deceased person in the Qadhaa’ of his lapsed (prayers) not be excused (from performing any) part of the prayer or its conditions. Then it is not permissible for he who prays sitting due to his inability to stand to represent anyone. Rather, even he who prays with Tayammum or Jabeerah does not represent anyone, according to obligatory precaution. Issue 504: It is permissible for a man to represent a woman and a woman to represent a man. Each of them will act according to their duty for inaudible and audible recitation in prayer, not in view of the duty of p: 149 

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the deceased. It is not obligatory for the Qadhaa’ of the deceased (for one representing him to observe) the sequence (of the prayers) whether he knows of their sequence of does not know, except in the sequence of Zuhr, 'Asr, Maghrib and 'Ishaa’ of one day, then, it is obligatory to observe its sequence, as you are aware. The Prayer of Hire 

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The Prayer of Congregation point Issue 505: The prayer of congregation (Salatul-Jamaa'ah) is one of the most important recommended acts and one of the great Islamic ceremonies. Great emphasis of it has come in the traditions and narrations, in particular for he who is a neighbor of the Masjid or hears the Azaan of the Masjid. It is essential for people to pray with the congregation as far as possible. It has been related in the noble traditions that if one person is led by the Imam (leader) of the congregation, each Raka'ah of prayer has the reward of 150 prayers. When two are led, each Raka'ah has the reward of 600 prayers. Whenever the number of believers increase, the amount of their reward increases. When their number surpasses ten individuals, then, if the sky were paper and the seas were ink and the trees were pens and man, angels and jinn were writing, it would not be possible to count what reward and recompense there is for one Raka'ah of their prayer. Issue 506: Lack of attendance and participation in the congregation is forbidden when that is due to neglect and lack of care about it. Issue 507: It is p: 150 

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recommended for people to wait until they perform their prayer with the congregation. The prayer of the congregation is more virtuous than the prayer individually in the beginning of the time. Likewise, the brief prayer of the congregation is more virtuous that the prayer individually, although it be lengthy. Issue 508: When the congregation is established, it is recommended for he who had prayed individually to repeat the prayer a second time with the congregation. If he comes to know afterward that his first prayer was invalid, the second prayer will suffice for him. Issue 509: It is not ever permitted to perform the recommended prayers in the form of the congregation, except the prayer for rain (Salatul-Istisqaa’) and recommended prayer of 'Eidul- Fitr and 'Eidul-Adhha in the time of the absence of the Imam, upon him be peace. Issue 510: It is permissible in the daily prayers to be led by an Imam in whatever prayer one desires and the likeness between the prayer of the follower and the Imam is not necessary. Then, for example, if the Imam is performing Zuhr and (the follower) had already performed Zuhr, it is permissible that he perform 'Asr with the Imam. However, when the Imam is repeating his prayer as a precaution, it is permitted (for the follower) to be led by him, except that the two prayers are both alike as far as precaution. The Conditions of The Prayer of Congregation Issue 511: The observance of some matters are obligatory in the congregation: The First condition: Lack of a barrier, meaning that there not p: 151 

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be a barrier between the Imam and the followers and, likewise, a barrier between the followers themselves preventing seeing. Even a glass barrier is objectionable. Regarding when the followers are women, then, there is nothing preventing the existence of a barrier between them and the men. Issue 512: The second condition: That the place of standing of the Imam is not higher than the place of standing of the followers, except by a small amount. If the land is sloped and the Imam stands at a higher place, then, nothing prevents that when the slope is not a lot and it is said that it is level ground. Issue 513: There is no objection when the place of standing of the follower is higher than the place of standing of the Imam. For example, when the Imam is in the courtyard of the Masjid and the congregation of worshippers are standing on the balcony or on the roof. However, when it is such that it is not applicable that it is a congregation, the prayer and the congregation is not proper, like the Imam is one the first level and the followers are on a higher level far from the congregation. Issue 514: The third condition: That there not be a great distance between the Imam and the followers and between the followers themselves. As for when the space is a foot or a number of feet such that the title of congregation is applied to it, there is nothing preventing that. According to p: 152 

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this, if there is a empty space in the amount of a person or two persons not praying between the followers, it does not harm the congregation. However, it is recommended that the rows be joined together and connected. Issue 515: The fourth condition: That the followers not be ahead of the Imam in the place of standing. According to this, when the followers are ahead of the Imam in the beginning of the congregation or during it, the congregation is invalid. The precaution is that the two (meaning the Imam and the followers) also not be equal, rather, the followers should be behind a little. It is obligatory to observe this being behind in all of the states of the prayer, even in the Rukoo' and prostration. The Rules of The Prayer of Congregation Issue 516: When the followers know that the prayer of the Imam is invalid with certainty (like they know that the Imam does not have Wudhu’ for example) , it is not permissible for them to be led by him, although the Imam had not paid attention to it himself. As for when the followers come to know after the prayer that the Imam was not just or was a non-Muslim, God forbid, or his prayer was invalid, the prayer of the followers is valid. Issue 517: It is not permissible to separate from the congregation during the prayer (and the prayer is an individual prayer) without an excuse, whether it be determined to do that action from the beginning or determined during the prayer. Issue 518: p: 153 

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When a congregation is led and the Imam is in the state of bowing and the follower bows and joins the Imam in Rukoo', (the followers) prayer is proper whether they have already performed the Zikr of Rukoo' or not. It is counted as the first Raka'ah for (the follower). As for when he was not able to join the Imam in Rukoo', he should complete his prayer individually. The obligatory precaution is to repeat the prayer. Likewise is it when one has doubt as to whether he had joined the Imam in Rukoo' or not. Issue 519: In the last Raka'ah (not the first) , it is also obligatory that one join the Imam in Rukoo', otherwise, his being in congregation is objectionable. Issue 520: When the congregation is led and the Imam is in Rukoo' and before (the follower) bends in the amount of Rukoo', the Imam raises from his Rukoo', it is obligatory that (the follower) make the intention of the individual (prayer) and his prayer is proper and he does not need to repeat it. Issue 521: When one is being led by the Imam in the second Raka'ah, make Qunoot and Tashahhud with the Imam. The precaution is to assume the state of sitting on the heels at the time of Tashahhud (in other words, to raise the knees from the floor and place the fingers of the hands and the soles of the feet on the ground only). After making the Tashahhud, stand and recite Surah Al-Hamd and the p: 154 

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second Surah. When the time is not sufficient for recitation of the second Surah, recitation of Al-Hamd will suffice in order to join the Imam in the Rukoo'. Issue 522: When being led by the Imam and (the follower) is in the second Raka'ah, it is obligatory in his second Raka'ah which is the third Raka'ah of the Imam, to sit after the two prostrations and make the Tashahhud in the obligatory amount and stand immediately and connect himself with the Imam. If the time is not sufficient for recitation of the Tasbeehaatul- Arba' three times, it can be recited once and connect himself with the Imam in Rukoo'. Issue 523: When being led by the Imam (who is) in the third and fourth Raka'ah, it is obligatory (for the follower) to recite Al-Hamd and the second Surah (after joining the congregation late). When the time is not sufficient for the second Surah, recite Surah Al-Hamd only and connect oneself with the Imam in Rukoo'. Issue 524: When one is engaged in a obligatory prayer and the congregation (prayer) is established, then, if one has not entered into the third Raka'ah and fears that if he completes his prayer that he will not be able to connect with the congregation, he can change his intention to a recommended prayer and complete it in two Raka'ah, then, connect himself to the congregation. 

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The Conditions of The Imam of The Congregation Issue 525: It is obligatory that the Imam of the congregation be mature (Baaligh) ; sane ('Aaqil) ; just ('Aadil) ; legitimately born (Tayyibul-Walaadah) ; Shi'ah Ithna 'Ashari; p: 155 

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that his recitation be proper and when the followers are men, that it is obligatory that the Imam be a man also. However, there is nothing preventing the leading of women by a woman. All people are legitimately born, whether they be Muslim or non-Muslim except that (information) contrary to that is established. Issue 526: Being just ('Adaalah) is the inner fear of Allah and the mental disposition that prevents man from committing the major sins and persisting in the minor sins. It suffices in establishing the 'Adaalah of an individual that we associate with him and we do not see any disobedience from him. This is what is called the good appearance revealing the inner disposition. Issue 527: When the Imam prays with Tayammum or Wudhu’ Jabeerah (meaning Wudhu’ made with a bandage or cast) , it is permissible to be led by him. However, when he prays in impure clothing due to an excuse in an emergency, one cannot be led by him, according to obligatory precaution. Likewise is the person with urinary or gastronomic ailments, and as such, the woman having irregular bleeding (Istihaadhah). In general circumstances, each of them prays a defective prayer due to an excuse and it is not a right for them to lead others according to obligatory precaution, except in the situation of the prayer with Tayammum or the Jabeerah. As such, it is permissible for he who has a defect in some of his limbs he prostrates upon to lead the congregation. The Rules of The Congregation Issue 528: It is p: 156 

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obligatory upon the follow to distinguish the Imam in their intention. However, it is not obligatory that they know his name, rather, it suffices that they make the intention to be led by the attending Imam with the condition that 'Adaalah and the remaining perspectives are present. Issue 529: It is obligatory upon the followers to perform all the Zikr and actions of the prayer besides (the recitation) of Al-Hamd and the second Surah. Surah Al-Hamd and the second Surah are dropped (as a duty) when one prays with the Imam in the first and second Raka'ah. As for when one is led by the Imam in the third and fourth Raka'ah in the state of the standing of the Imam, then, it is obligatory upon the follower to recite Surah Al-Hamd and the second Surah himself. Issue 530: When the followers hear the sound of the recitation of the Imam in Salatul-Fajr, Maghrib and 'Ishaa’, it is obligatory that they abandon the recitation of Surah Al-Hamd and the second Surah. When they cannot hear the sound of the Imam, it is permissible for them to recite Al-Hamd and the second Surah, however, inaudible recitation is obligatory upon them for both (Surahs). As for Salatuz-Zuhr and 'Asr, then, the obligatory precaution is to always abandon the recitation of Al-Hamd and the second Surah. However, Zikr is permissible in a inaudible voice, rather, it is recommended. Issue 531: It is obligatory upon the follower that he not precede the Imam in the actions of p: 157 

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prayer, like bowing and prostrating. Rather, he follows the Imam in (these actions) and delay after him a little. When he inadvertently precedes the Imam in raising the head from Rukoo', it is obligatory for him to return to Rukoo' and raise his head with the Imam. Here, the addition of the Rukoo' does not invalidate the prayer. However, when he is returning to Rukoo' and before he arrives at Rukoo', the Imam raises his head, his prayer is invalid. Issue 532: When the follower raises his head from the prostration in the assumption that the Imam had already raised his head from the prostration, it is obligatory to prostrate a second time. When something similar to this occurs in both prostrations, this addition in the pillar (Rukn) does not invalidate the prayer. 

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The Prayer of Signs point Issue 533: The prayer of signs (Salatul-Ayaat) is obligatory in four instances: • First and Second: Eclipse of the sun and eclipse of the moon, although the eclipse be partial whether anyone is afraid or not. • Third: Earthquake, whether anyone is afraid or not. • Fourth: Lightening, black and red winds and every frightful heavenly events when the majority of people are afraid. Rather, all frightful earthly events also when they bring about eeriness and the majority of people are afraid, according to obligatory precaution. Issue 534: When the time of the event which necessitates the prayer of the sign is repeated, it is obligatory to perform this prayer for each one of (these events) , like an earthquake occurring a number of p: 158 

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times or the sun eclipses and an earthquake occurs at one time, a prayer is obligatory for each one of these events. However, when these events occur another time during the prayer of signs, one prayer of signs suffices. Issue 535: When one comes to know that there was a complete solar or lunar eclipse after completion of the time, the Qadhaa’ of the prayer of signs is obligatory. As for when it was not complete, then, the Qadhaa’ is not obligatory. Issue 536: When one is informed that the sun or moon was eclipsed, but certainty of that is not obtained and one had not prayed, then, it became clear after that the report was correct, if the solar or lunar eclipse was complete, the Qadhaa’ of the prayer of signs is obligatory. When it was not complete, nothing is obligatory. The Method of The Prayer of Signs Issue 537: The prayer of signs is considered two Raka'ah and for each Raka'ah there are five Rukoo'. It is possible to perform it in two ways: 1) To make the Takbeer after intention and recite Surah and a second complete Surah. Then, bow in Rukoo', then, stand from Rukoo' and recite Al-Hamd and complete Surah. Then, bow in Rukoo' and stand from Rukoo' and recite Al-Hamd and a complete Surah until (this has been done) five times. Then, after that raise the head from the fifth Rukoo' and prostrate two prostrations, then, stand for the second Raka'ah as what had been done for the first Raka'ah, then, make the Tashahhud and Salaam. 2) p: 159 

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After making the intention, make the Takbeer and recite Al-Hamd and divide the verses of a Surah into five parts. Then, recite one part and bow in Rukoo', then, stand. Then, recite the second part, then, bow in Rukoo', then, stand as such until the five parts are finished before the fifth Rukoo' without Al-Hamd. After the fifth Rukoo', prostrate two prostrations, then, stand for the second Raka'ah and do the same as had been done in the first Raka'ah completely. For example, divide Surah Ikhlaas (112) into five parts, then, recite before the first Rukoo': ﺑِﺴْﻢِ ﺍﻟﻠﻪِ ﺍﻟﺮﱠﱠﺣْﻤﻦِ ﺍﻟﺮﱠﱠﺣِﻴﻢِ Then, bow in Rukoo', then, raise the head and recite: ﻗُﻞْ ﻫُﻮَ ﺍﻟﻠﱠﱠﻪُ ﺃَﺣَﺪٌ Then, bow in Rukoo', then, raise the head and recite: ﺍﻟﻠﱠﱠﻪُ ﺍﻟﺼﱠﱠﻤَﺪُ Then, bow in Rukoo', then, raise the head and recite: ﻟَﻢْ ﻳَﻠِﺪْ ﻭَﻟَﻢْ ﻳُﻮﻟَﺪْ Then, bow in Rukoo', then, raise the head and recite: ﻭَﻟَﻢْ ﻳَﻜُﻦ ﻟﱠﱠﻪُ ﻛُﻔُﻮًﺍ ﺃَﺣَﺪٌ After raising the head from (the fifth) Rukoo', prostrate the two prostrations, then, stand and do in the second Raka'ah the same as what had been done in the first Raka'ah and make the Tashahhud and the Salaam. Issue 538: Nothing prevents one from performing the first Raka'ah of the prayer of signs according to the first method and the second Raka'ah according to the second method. Issue 539: All of what is obligatory or recommended in the daily prayers are obligatory or recommended in the prayer of signs. Certainly, there is no Azaan or Iqaamah and one says in its place in expectation of reward ﺍﻟﺼَﻠﺎﺓ p: 160 

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(As-Salah) three times. Issue 540: The Qunoot is recommended before the tenth Rukoo'. Issue 541: When there is doubt in the number of Raka'ah and one does not know how many he has prayed and is not able to arrive at anything (as a solution) , the prayer is invalid. As for when there is doubt in the number of Rukoo', base (the number) on the minimum. If the place has been passed, meaning one has entered into the prostration, no attention is paid (to the doubt). 

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The Prayer of ‘Eidul-Fitr and ‘Eidul-Adhha Issue 542: This prayer is obligatory in the time of the presence of the Imam (upon him be peace) and it is obligatory to perform it in congregation. However, in this our time, whereas the Imam, upon him be peace is absent, then, it is recommended and it is permissible to pray it in congregation or individually. Issue 543: The time of the prayer of 'Eidul-Fitr and Adhha is from the beginning of the rising of the sun on the day of 'Eid until Zuhr. However, it is recommended in the 'Eid of Adhha to pray this prayer after the sun has risen (highly). It is recommended in the 'Eid of Fitr to have food after the rising of the sun, first, then, pay the Zakatul-Fitr, then, perform the prayer of 'Eid. Issue 544: The prayer of the 'Eid of Fitr and Adhha are two Raka'ah. In the first Raka'ah, it is obligatory after the recitation of Al-Hamd and a second Surah to make five Takbeer and to make a Qunoot p: 161 

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after each Takbeer. Make the Takbeer after the fifth Qunoot, then, bow in Rukoo', then, prostrate the two prostrations, then, stand. In the second Raka'ah, make four Takbeer and make a Qunoot after a Takbeer and make the fifth Takbeer, then, bow in Rukoo'. Then, afterward, raise one's head from Rukoo' and prostrate the prostrations and make the Tashahhud and Salaam. Issue 545: It suffices in the Qunoot of this prayer to recite what one desire as a supplication. However, it is appropriate to recite this supplication with the intent of reward: ﺍﻟﻠّﻬُﻢّ ﺃَﻫْﻞَ ﺍﻟْﻜِﺒْﺮِﻳَﺎﺀِ ﻭَﺍﻟْﻌَﻈَﻤَﺔِ، ﻭَﺃَﻫْﻞَ ﺍﻟْﺠُﻮﺩِ ﻭَﺍﻟْﺠَﺒَﺮُﻭﺕِ، ﻭَﺃَﻫْﻞَ ﺍﻟْﻌَﻔْﻮِ ﻭَﺍﻟﺮّﺣْﻤَﺔِ، ﻭَﺃَﻫْﻞَ ﺍﻟﺘّﻘْﻮَﻯ ﻭَﺍﻟْﻤَﻐْﻔِﺮَﺓِ، ﺃَﺳْﺄَﻟُﻚَ ﺑِﺤَﻖّ ﻫﺬَﺍ ﺍﻟْﻴَﻮْﻡِ ﺍﻟّﺬِﻱ ﺟَﻌَﻠْﺘَﻪُ ﻟِﻠْﻤُﺴْﻠِﻤِﻴﻦَ ﻋِﻴﺪﺍً، ﻭَﻟِﻤُﺤَﻤّﺪٍ ﺻَﻠﱠﱠﻰ ﺍﻟﻠﻪُ ﻋَﻠَﻴْﻪِ ﻭَﺁﻟِﻪ ﺫُﺧْﺮﺍً ﻭَﻣَﺰِﻳﺪﺍً ﺃَﻥْ ﺗُﺼَﻠّﻲَ ﻋَﻠَﻰ ﻣُﺤَﻤّﺪٍ ﻭَﺁﻝِ ﻣُﺤَﻤّﺪٍ ﻭَﺃَﻥْ ﺗُﺪْﺧِﻠَﻨِﻲ ﻓِﻲ ﻛُﻞّ ﺧَﻴْﺮٍ ﺃَﺩْﺧَﻠْﺖَ ﻓِﻴﻪِ ﻣُﺤَﻤّﺪﺍً ﻭَﺁﻝَ ﻣُﺤَﻤّﺪٍ، ﻭَﺃَﻥْ ﺗُﺨْﺮِﺟَﻨِﻲ ﻣِﻦْ ﻛُﻞﱢﱢ ﺳُﻮﺀٍ ﺃَﺧْﺮَﺟْﺖَ ﻣِﻨْﻪُ ﻣُﺤَﻤّﺪﺍً ﻭَﺁﻝَ ﻣُﺤَﻤّﺪٍ ﺻَﻠَﻮَﺍﺗُﻚَ ﻋَﻠَﻴْﻪِ ﻭَﻋَﻠَﻴْﻬِﻢْ. ﺍﻟﻠّﻬُﻢّ ﺇِﻧّﻲ ﺃَﺳْﺄَﻟُﻚَ ﺧَﻴْﺮَ ﻣَﺎ ﺳَﺄَﻟَﻚَ ﻋِﺒَﺎﺩُﻙَ ﺍﻟﺼﱠﱠﺎﻟِﺤُﻮﻥَ، ﻭَﺃَﻋُﻮﺫُ ﺑِﻚَ ﻣِﻤﱠﱠﺎ ﺍﺳْﺘَﻌَﺎﺫَ ﻣِﻨْﻪُ ﻋِﺒَﺎﺩُﻙَ ﺍﻟﺼﱠﱠﺎﻟِﺤُﻮﻥَ. 

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The Rules of Fasting 

 The Obligation of Fasting Issue 546: In every year it is obligatory for each adult to fast one month of blessed Ramadhaan with the explanations that will be mentioned in the up coming issues. Issue 547: Fasting is that to which God has commanded man for obedience to restrain from those things which invalidate the fast, from the Azaan of the morning prayer (Fajr) until evening prayer (Maghrib). The explanation of which is coming in the following issues. 

-A Summary of Rulings

The obligatory matters of fasting Issue 548: Fasting is one of the types of worship and it is necessary to perform it with intention (Niyyah). The occurrence of intention does not require that it p: 162 

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be spoken by the tongue or be settled in one's heart. This intention is sufficed in any measure by which one leaves the actions that invalidate the fast from the Azaan of morning prayer to evening prayer in order to obey the command of God. Issue 549: It suffices that each evening in the blessed month of Ramadhaan that the intention of fasting be made. However, it is better, in addition to this, that in the beginning of the month, the intention for fasting the whole month is also made. Issue 550: Intention does not have a specific time, rather, any time intention is made before the Azaan of morning prayer is sufficient. This (making of intention) is that for eating the Suhoor (light morning meal before beginning the fast) one rises (from bed) and if he is asked what's your purpose (in rising)? He says: I have the intention of fasting. Issue 551: The time of intention for a recommended fast continues the entire day even if a brief time remains until Maghrib. As long as actions which invalidate the fast are not performed, he is able to make the intention of a recommended fast and his fast is correct. Issue 552: The person who is obligated to perform a missed fast (Qadhaa’) of the month of Ramadhaan or another obligatory fast which he is liable for, making a recommended fast is not permitted. If he had forgotten and made a recommended fast, if in the case he comes to remember before Zuhr p: 163 

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(noon) , he is able to make his intention for an obligatory fast. However, if it is after Zuhr, his fast is invalid. Issue 553: A person who has taken a payment to perform the fast of a person who is deceased, he is able to perform a recommended fast for himself. Issue 554: Anytime a non-specific (Ghair-e-Mu'ayyin) obligatory fast is his duty, for example the Qadhaa’ of the month of Ramadhaan or the fast of a Kaffaarah, the time of intention remains until Zuhr. Meaning, in the event, he had not done anything which invalidates the fast and before Zuhr he makes the intention, his fast is correct. Issue 555: The day of doubt (Yaum Ash-Shakk) , meaning a day that people have doubt that it is the end of the month of Sha'baan or the beginning of the month of Ramadhaan, that fast is not obligatory. If one desires to fast, he must make the intention of the month of Sha'baan or if he has a Qadhaa’ fast as his duty, he makes the intention of Qadhaa’. In the event that it had become known afterward to be the month of Ramadhaan, he counts (this fast as one of the fasts) of Ramadhaan. However, if during the day he comes to know (it is Ramadhaan) , he must immediately change his intention to the fast of the month of Ramadhaan. 

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Actions which render the fast invalid point Issue 556: Actions which render the fast invalid, according to precaution, as nine things: • Eating and drinking • intercourse • masturbation • lying on God, p: 164 

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the Prophet (S) and the Imams (AS) • allowing thick dust to reach the throat • immersing the entire head in water • remaining in the state of ritual impurity or menstruation or the bleeding of childbirth until the Azaan • of the morning prayer • taking a fluid enema • intentionally vomiting. God willing, the explanation of these issues will be explained. 1) Eating and Drinking Eating and drinking intentionally renders the fast invalid, whether eating familiar things, like bread and water, or unfamiliar things like the bark of a tree, be it of small quantity or large. Even if a toothbrush is taken out of the mouth and again entered into the mouth and that moisture is swallowed, his fast becomes invalid except if that moisture of the toothbrush is little and goes in with the water of the mouth. Issue 558: Eating and drinking inadvertently and in forgetfulness does not invalidate the fast. Issue 559: Obligatory precaution is that the fasting person restrains himself from injections and serums which are used in place of food and medicine. However, injections that are given in the limbs to numb the feelings, there is no objection. Issue 560: People are not able to, with fear of weakness, to ruin their fasts. However, if finds a degree of weakness which it brings causes him great difficulty, he is able to break his fast. In this same manner if he has fear of illness. 2) Intercourse Issue 561: Intercourse (Jimaa’) renders the fast of both sides invalid although penetration was only in the amount up p: 165 

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to the place of circumcision and semen had also not emerged. If it is less than that and also no semen has emerged the fast is not invalid. In the case of doubt that this measure had be penetrated or not his fast is correct. Issue 562: If by way of forgetfulness intercourse occurs or by way of compulsion in a manner of having no choice, the fast is not invalidated. However, in the event that during the intercourse it is remembered or the compulsion becomes eliminated, the intercourse must be left immediately, otherwise, his fast is invalid. 3) Masturbation Issue 563: If a fasting person by his own actions caused semen to emerge from himself, his fast becomes invalidated. Regarding if involuntarily in the state of sleeping or wakefulness semen emerges, the fast is not invalidated. Issue 564: Whenever a fasting person knows that if in the day he sleeps he will have a wet dream, meaning in sleep semen emerges from him, it is permissible for him to sleep. In the event he has a wet dream, there is no objection to his fast. Issue 565: If a fasting person, without intention, had semen emerge for example their mate were playing and jesting in circumstances that are customary that in this amount of playing and jesting semen does not emerge from him, his fast is correct. However, if coincidentally, semen emerged, his fast has some objection. Except that before this, he was certain that semen had not emerged from him. 4) To tell a lie against God and the Messenger Issue 566: Whenever a fasting p: 166 

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person tells a lie against God and the Noble Messenger and his infallible successors (AS) whether it is attributed by saying or by writing or by indication and similar to that, according to obligatory precaution, his fast is invalid, although he immediately made penance. Lying against the remaining prophets and Fatimah-e-Zahra (AS) also has the same ruling. Issue 567: Whenever a report is desired to be transmitted be it right or false that does not have information, it is necessary to mention the person whom that report is related or a book in which it was written. For example, so and so is the narrator of this same report or in so and so's book that very report has been written that the Prophet (S) has stated. 5) Allowing thick dust to reach the throat Issue 568: Allowing thick dust to reach the throat whenever it is changed to slime and is swallowed, the fast is invalidated. In other circumstances than these, the fast is correct whether it be the smoke of something whose eating is lawful, for example flour or the smoke of something whose eating is unlawful. Issue 569: Whenever, by means of wind or sweeping the ground, thick smoke rises and caution is not taken that the traces are reaching the throat, his fast becomes invalid (in explanation of that which has been said in the issue before). Issue 570: The obligatory precaution is that the fasting person refrain from cigars and tobacco and remaining tobacco products and thick steam also should not reach the throat. However, going to p: 167 

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the bath house has no objection whenever the space of the bath house is filled with the steam. 6) Immersing the head in water Issue 571: According to obligatory precaution, the fasting person does not intentionally immerse his entire head under water, even if the remainder of his body is out of the water. Regarding is the whole body and a part of the head has gone under water, however, a portion of the head out of the water, the fast is not invalid. The immersion of the head in any fluid like rosewater or other mixed waters have the ruling of pure water. Issue 572: A person that for the saving of a drowning person is compelled to immerse the head in water, his fast has some objection. However, on the pretext of saving a Muslim' soul, this action is obligatory and afterward Qadhaa’ is made. Issue 573: Divers, if they cover their heads in a headcovering and with that they go under water, their fasts are correct. Issue 574: If a fasting person involuntarily falls in the water or his is thrown into the water and his head goes under water or he forgets that he is fasting and his head is immersed in the water, his fast is not invalidated. However, if he remembers, according to obligatory precaution, it is necessary to immediately remove the head from the water. 7) Remaining ritually impure until the Azaan of morning prayer Issue 575: If a ritually impure (Junub) person intentionally does not bathe until the morning, according to obligatory precaution, his fast is invalid. If he does not have the p: 168 

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ability to bathe or the time is limited, he makes Tayammum. Regarding if it was not intentional, his fast is correct. Women who do not become purified from menstruation (Haidh) or the bleeding of child birth (Nifaas) until the Azaan of morning prayer and not bathing are in the ruling of a person who remains in the state of ritual impurity. Issue 576: The fast becomes invalid with remembering remaining in ritual impurity, particularly the fast of the month of Ramadhaan and the Qadhaa’ of Ramadhaan. In other fasts, the obligation does not become invalidated. Issue 577: If the Junub in the month of Ramadhaan forgot a bath and after one or a number of days his memory comes to him, it is necessary that however many days he is certain he had been Junub he makes Qadhaa’. For example, if he does not know for three or four days he had been Junub, it is necessary to make Qadhaa’ for three days and the Qadhaa’ of the forth day is a recommended precaution. Issue 578: A person who is Junub in the night of the month of Ramadhaan and he knows that if he sleeps until morning he will not wake up, he must not sleep. In the event he sleeps and does not wake up, his fast has some objection. According to obligatory precaution, he must perform Qadhaa’ and Kaffaarah. Regarding if he has a probability of awakening, he is permitted to sleep. Regarding the precaution in this is that in p: 169 

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the second instance that he awakens, he does not sleep until the he bathes. Issue 579: Whenever, in the month of Ramadhaan he wakes up after the Azaan of morning prayer and sees that he had a wet dream, his fast is correct whether he knows before the Azaan he had a wet dream or after that or he has doubt. Issue 580: A woman which is in the state of Istihaadhah, she performs her bath according to the details mentioned in the rulings of Istihaadhah and her fast will be correct. Issue 581: A person who has touched a dead person and the bath of touching a dead became obligatory, he is able, without the bath of touching a dead, to fast. If in the state of fasting he touches a dead body, his fast is not invalidated. However, for prayer he is required to bathe. 8) Enema with fluids Issue 582: The purging enema with fluids renders the fast invalid although for treatment of a sick person or being helpless. However using the solid enema for treatment has no objection. The obligatory precaution is to avoid the solid enema used as a food. 9) Vomiting Issue 583: Vomiting intentionally renders the fast invalid, although it is for salvation from poisons or remedy for an illness and things similar to that. However, vomiting involuntarily or inadvertently does not invalidate the fast. Issue 584: Whenever one of the nine matters previously mentioned are performed inadvertently or involuntarily, the fast is correct. However, if the Junub sleeps and until the Azaan of morning p: 170 

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prayer does not bathe, his fast has some objection, according to that which had been previously stated. Issue 585: If a fasting person inadvertently performs one of the actions which the fast invalid, and afterward, in the belief that his fast is invalid, he performs one of those acts intentionally a second time, his fast is not invalidated, however, the recommended precaution is Qadhaa’ of that fast. Issue 586: If someone forced something into the throat of a fasting person or they put his head underwater, his fast is not invalidated. However, if there is compulsion for him that he breaks the fast himself, for example, they say to him: if you don't eat your life will be harmed or we will take your property and in order to prevent harm he ate food, is fast is invalid. 

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Actions Which are Makrooh for the Fasting Person Issue 587: A number of actions are Makrooh (disliked) for the fasting person, among them are: • Mixing medicine in the eye • applying Khol in a manner that the taste or smell of that enters into the throat • performing an action which causes weakness such as extracting blood and going to the bath house • using snuff if it is not known that it will reach the throat , however, if he knows it will reach the throat, it is not allowed • smelling fragrant flowers • a woman sitting in water, according to precaution • using a solid enema, according to precaution • wetting the clothes on the body • pulling teeth and every action that is a cause for blood p: 171 

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emerging from the mouth and brings about weakness • brushing (the teeth) with a new piece of wood (Miswak) • kissing the mate without intending the emergence of semen and every action whose movement produces desire. Regarding if (these actions are done) with the intention of allowing semen to emerge, the fast is invalidated. 

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Instances in which the Qadhaa’ and Kaffaarah are Obligatory point Issue 588: Actions which render the fast invalid, if they are performed intentionally and with knowledge and information. In addition to this that his fast becomes invalid and he has Qadhaa’ (as a duty) and he has Kaffaarah also. However, if were that he did not know the issue, he does have (the duty of) Kaffaarah, however, the precaution of that is to make Qadhaa’. Issue 589: Whenever, by means of lack of information and not knowing an issue, an action is performed that is known to be unlawful, however, he does not know that it will invalidate the fast, according to precaution, the Kaffaarah is obligatory upon him. The Kaffaarah of Fasting Issue 590: The Kaffaarah of fasting is one of three things: freeing a slave or two months fasting or feeding sixty indigents fully. Or if for each, one Mudd, which is approximately 750 grams of wheat or barley or something similar to that, is given, it is sufficient. In our time, in which freeing a slave has no place, the choice is between the two other things. In place of wheat, he is able to give the amount of bread the measure of which is one Mudd. Issue 591: Whenever neither one of these p: 172 

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three actions are not possible he is, however, able to give a Mudd to feed the indigent. If he is unable eighteen days of fasting are required. If he is, however, unable, he is able to perform the fast one day. If he is unable (to do so) , he seeks forgiveness in the measure that in the heart he says: I seek Allah's forgiveness, it is sufficient. It is not obligatory afterward that he find the quantity to give the Kaffaarah. Issue 592: A person who selected sixty days for Kaffaarah, the obligatory precaution is that he fast 31 consecutive days. However, observing the consectutiveness when one's duty is 18 days is not obligatory. Issue 593: If a fasting person rendered his fast invalid with something unlawful, according to obligatory precaution, he must give all of the Kaffaarah. Meaning freeing a slave, also two months of fasting and also fully feeding sixty indigents (or feeding each one of them with a Mudd of food of approximately 750 grams weight. In the case each three are not possible, each one which is possible must be performed (although the unlawful thing, like drinking alcohol and fornication or like having intercourse with one's own mate in menstruation. Issue 594: If a vow (Nazr) is made a specified fast, for the sake of God is to be made, in the event that the fast is not made intentionally or the fast is made invalid, the Kaffaarah is required to be given (and the Kaffaarah of that is p: 173 

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like the Kaffaarah of the month of Ramadhaan). Issue 595: Whenever the saying of someone that dependency upon his words is not acceptable and he says it has become Maghrib and break the fast and afterward it is understood it had not become Maghrib, Qadhaa’ and Kaffaarah is obligatory upon him. Issue 596: Whenever a fasting person, in the month of Ramadhaan has intercourse with his fasting wife, in the case where she was forced, it is necessary for him to give the Kaffaarah on behalf of both. If she had been agreed with the intercourse, the Kaffaarah is obligatory on each one. However, If another compelled them to break the fast, a sin has been committed. Regarding the Kaffaarah upon each one, it is not obligatory. Regarding the person whom his fast had been ruined, he is required to make Qadhaa’. 

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Instances in which only qadha is required Issue 597: In a few circumstances only the Qadhaa’ of the fast is required and Kaffaarah is not obligatory. 1. In the circumstance that in the night of the month of Ramadhaan one is Junub and sleeps and awakens. For a second or third time, he sleeps and does not awaken. In that situation, the Qadhaa’ of the fast it is an obligatory precaution. As for the first sleeping, if he does not awaken, he has no Kaffaarah and his fast is correct. 2. Whenever an action which makes the fast invalid is not performed, but there had been no intention to fast or the intention is made to ruin his own fast p: 174 

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or by eye service the fast becomes invalid. 3. Whenever, in the month of Ramadhaan, the bath of Janaabah is forgotten and in that same state, fasts for one or more days, according to obligatory precaution. 4. In the month of Ramadhaan, without verification that it had become morning or not, an action which invalidates the fast was performed, after having known it had become morning, in the same manner if after verifying, there was doubt or belief the it had become morning, but after verifying, certainty was gained that it had not become morning, and nothing was eaten after knowing it had become morning, Qadhaa’ is not obligatory. 5. Whenever a person says that it had not become morning and time yet remains and a person, according to his saying, performs an action invalidating the fast and after knowing it had become morning, there also, the Qadhaa’ is required. 6. A person says it had become morning and a person does not gain certainty by his saying or he imagines or jokes and an action which invalidates the fast is performed after being known it had become morning. 7. Whenever a just person gives a report of it having become Maghrib and he breaks the fast, afterward it had become known it had not become Maghrib. 8. Whenever in clear skies certainty is gained that it had become Maghrib by means of darkness and the fast is broken, afterward it became known that it had not become Maghrib. 9. Whenever for refreshment or without intention, water p: 175 

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is put in the mouth and involuntarily it is swallowed, Qadhaa’ is necessary. As for if it had be forgotten there is a fast (being observed) and water is swallowed, he has no Qadhaa’. Likewise, if for Wudhu’ water is put in the mouth and involuntarily it becomes swallowed, Qadhaa’ is not obligatory for him. 10. A person who is playing with his wife and without intention he masturbates and semen emerges from him, however, if he had certainty that by this action semen would not emerge and by coincidence it emerged, his fast is proper and he does not have Qadhaa’. 

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Rules of the Qadha Fast Issue 598: Whenever, by means of illness, the fast of the month of Ramadhaan is not performed and the illness becomes lengthy until the month of Ramadhan of the following year, the fasts which he had not performed are not obligatory. It is only required to give one Mudd (approximately 750 Grams) of wheat or Barley and things similar to that to an indigent. If by means of another excuse (for example, for the sake of traveling) the fast had not been performed and his excuse remained until the following Ramadhan, the obligatory precaution for that is that the fasts which he had not performed, he makes Qadhaa’ after Ramadhaan and for each day he gives one Mudd of food to an indigent. Likewise, if the fast had been abandoned for fear of illness, after the illness had been removed and another excuse, for example, traveling has come forward. Issue 599: p: 176 

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Whenever, by means of an excuse, fasts of the month of Ramadhaan are not performed and until the next Ramadhaan the Qadhaa’ of that had intentionally not been intended and he in a situation in which his excuse had been removed, it is required afterward to make the Qadhaa’ of the fasts and for each day, one Mudd of food is given as a Kaffaarah. Likewise, if in the Qadhaa’ of the fast, there is a short time until the time becomes restricted and in the restricted time an excuse appears, it becomes necessary afterward to perform the same Qadhaa’ and Kaffaarah. Regarding if it had not become a short time or it coincided with the restricted time that an excuse appeared, only Qadhaa’ is required. 

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Rules of fasting of a traveling person Issue 600: A traveling person (having the conditions which have been mentioned in the issues of the traveler's prayers) is not required to fast. As a general rule, in every instance that the prayer is shorted, the fast is required to be abandoned. In the place where the prayer is required to be prayed in full (for example, a person that his occupation is traveling or he intends to stay in a place for ten days) he is required to fast, except in instances which have been mentioned in other instances. Issue 601: Traveling in the month of Ramadhaan is not forbidden. However, if it is for escaping fasting, it is Makrooh. Issue 602: Whenever a fasting person undertakes a journey after Zuhr, he is required to p: 177 

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complete his fast. If he undertakes a journey before Zuhr, his fast is invalid. However, before he arrives at the limit of the border, he is not able to break the fast. If he had broken his fast before that, Kaffaarah is obligatory for him. The intention of limit of the boarder is the place where the sound of the Azaan of the town is not heard or the place where he arrives that the people of the town are hidden from view. Issue 603: Whenever, a traveler arrives before Zuhr to his city or to a place which he intends to stay for ten days and any action which renders the fast invalid had not been performed, he is required to fast. If something (invalidating the fast) had been performed, Qadhaa’ is required afterward. It is Mustahabb to remain that day abstaining. However, if after Zuhr he arrives he is not able to fast. 

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Persons upon whom fasting is not obligatory Issue 604: Elderly men and women whom fasting is difficult for them, they are able to abandon fasting. However, they are required to give one Mudd (Approximately 750 Grams) of wheat or barley and similar to these to an indigent. It is better that in the place of wheat and barley, bread is selected. In this situation, the obligatory precaution of this is that it is in the measure of wheat is in the quantity of one Mudd. Issue 605: The fast of persons who are inflicted with the illness of hydropsy, meaning they become excessively thirsty and p: 178 

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they are not able to fast or it is extremely difficult for them, it is not obligatory. However, for each day one Mudd of food, which is indicated in the previous issue, is given as a Kaffaarah. It is better that water is not drank in more than the quantity of necessity. If, afterward, they are able to make the Qadhaa’, the obligatory precaution is to perform the Qadhaa’. Issue 606: A pregnant woman who is close to delivery and fasting has injury to the pregnancy, fasting for her is not obligatory. However, the Kaffaarah mentioned in the previous issue is required to be given. Regarding if the fast is injurious to her, it is not obligatory for her and she also has no Kaffaarah. Afterward, she makes Qadhaa’. Issue 607: Women who are (breast) feeding a child milk, whether they be the mother of the child or a wet nurse. If fasting is reason of her insufficient milk and the child becomes bothered, the fast is not obligatory upon her. However, for each day, the same Kaffaarah (one Mudd of food) is obligatory and afterward also the Qadhaa’ of the fast is required. Regarding, that if for themselves fasting is injurious, no fasting is obligatory nor any Kaffaarah. However, it is required afterward that the fasts which were not performed, the Qadhaa’ is performed. 

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The method of Establishing the Beginning of the Month Issue 608: The beginning of the month is established by six methods: 1. Sighting the moon with the eye. Regarding (sighting) with a telescope and other means of this p: 179 

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kind, it does not suffice. 2. The witness of a large number that from the statements of them certainty becomes apparent (although they are not just). Likewise is all that brings about certainty. 3. The witness of two just males. However, if these two witnesses differ from one another in mentioning the description of the moon or the signs which they give are ambiguous, their statements do not establish the beginning of the month. 4. The passing of thirty complete days from the beginning of the month of Sha'baan with which the beginning of the month of Ramadhaan can become established. Or the passing of thirty complete days from the beginning of the month of Ramadhaan with which the beginning of the month of Shawwal can become established. (of course, this is in the situation that the beginning of the previous month has complied with this same method of becoming established. 5. The ruling of the Religious Jurist. In this situation, it is for the just Mujtahid to establish the beginning of the month. Afterward, he makes a ruling that that day is the beginning of the month. In this situation, following is required for everyone, except a person who has certainty that he has made a mistake. 

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The forbidden Fasts Issue 609: Two days in the year, fasting is forbidden: Eidul-Fitr (the beginning of the month of Shawwal) and Eidul-Qurbaani (the tenth of the month of Zil-Hijjah). Issue 610: The fasting of a woman (Mustahabb Fast) in the situation which the rights of her husband are ruined. Without p: 180 

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his permission, it is not permissible. If his right is not ruined, (according to obligation precaution) also the permission of the husband is required. Likewise, the Mustahabb fast of children, if it causes harm for the father and mother, it is not permissible. However, getting permission from them is not required. Issue 611: A person who knows that fasting is injurious for him, it is necessary to abandon the fast. If he fasts, it is not correct. Likewise, if he does not have certainty. Regarding having probability that the fast is injurious, whether this probability is obtained from the experience of persons or from the statement of a doctor. 

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The Rules of Khums 

Seven

instances of khums 

 point Issue 612: Khums is obligatory in seven things: 1) The benefits of earnings and labor 2) Minerals 3) Treasures 4) Lawful wealth mixed with unlawful wealth 5) Valuables obtained from the sea by diving 6) Spoils of war 7) Lands which non-Muslims (Zhimmi) have purchased from Muslims (according to obligatory precaution). The rules of these will be given explanations in the upcoming issues. 1) The Benefits of Earnings and Labor Issue 613: Whenever a person by means of agriculture, manufacturing, trade or by means of being a laborer or employee in various establishments, if he obtains a profit above the expenses for the year for himself, and his dependents and children and other persons whom he maintains, it is obligatory to give Khums (one fifth) on the excess according to the details which will be mentioned afterward. Issue 614: There are no differences between the types of earnings and profits. However, p: 181 

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when someone takes a sum of money as a loan from another person, there is no Khums (obligatory) on it. Likewise, there is no Khums on properties that are inherited except when it is known that the deceased did not give Khums (on that property) or that he was liable for Khums on property other than what was inherited. Issue 615: When someone was given something and it was in excess of his expenses for the year, the obligatory precaution is that he pays Khums. Likewise, if an inheritance is received from a distant relative and he was not informed (of the inheritance) and it had not occurred to him that he would inherit from (the relative) , in this situation the obligatory precaution is also to pay Khums on that inheritance. Issue 616: Whenever a property is endowed to specific individuals. For example, if a property was endowed to one's own son (s) and if that property has benefits and excess over the expenses of the year, Khums is obligatory upon it. Issue 617: There is no Khums on that which the person deserving (Mustahiqq) of Khums receives as Khums or Zakah although it exceeds his yearly expenses due to specific reasons. However, when the profit of the property which reaches him by this means exceeds his yearly expenses, it is obligatory that he give Khums. For example, the yield of a tree is given as Khums and its fruit exceeds his yearly needs. Issue 618: The beginning of the year specified for Khums for p: 182 

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everyone is from the start of people receiving earnings. Meaning, when a person begins a business or earning or manufacturing or agriculture other than these, the time the first earnings reach him it is the beginning of his Khums year. He is not able to advance or postpone that (date) intentionally. If he desires to advance the beginning of the year, its method is to establish his yearly calculation before the appointed time and to pay his Khums. Then, that time is the beginning of his Khums year. Issue 619: It is permissible for people to pay Khums on profits which they obtain during the year (meaning, at the time when the profit comes to them). However, it is permitted to delay the payment of Khums until the end of the year so that one can take his probable expenses from it. Issue 620: It is permitted to make the standard for the Khums year to be the solar year or the lunar (Hijri) year. Issue 621: It is not obligatory for he who does not exceed his yearly expenses to specify the beginning of the year for Khums. Issue 622: There is no Khums on the expenses of the year and expenditures. Meaning, that which people spend during the year for food, clothing, residence, home furnishings, marriage, marriage preparations, the obligatory and recommended Ziyaarah, gratuities, gifts, accommodations and things which are similar to that, there is no Khums upon it with the condition that there was no extravagance in this matter. The Khums p: 183 

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is only on what is in excess of that. Issue 623: It is customary in many families to establish marriage arrangements in stages. If a number of years pass, the Khums is obligatory except that the marriage preparations are held in a particular country so that this is not a defect for which the family is to be blamed or it is commonly deemed as the responsibility of (the girl's) father, then, there is no Khums in this situation. Issue 624: All properties on which the Khums has been taken once, payment of Khums another time is not connected to it, except if it incurs growth or it increases in value. Issue 625: There is no Khums on expenditures for the pilgrimage (Hajj) and the recommended (Mustahabb) Ziyaaraat when the expenditures were taken from the same year as we have said. If someone is compelled to register his name for pilgrimage and pays money for that (and awaits his turn or his name is selected for Hajj by lottery. That money is considered taken from the expenses of the year and there is no Khums upon it in that year nor the successive years. Issue 626: There is no Khums on capital which is needed and it is not possible to conduct his life in a suitable manner with less than it. Meaning that it is permissible to take from the proceeds of this year and coming years and make it a liability of his capital. However, when paying Khums brings no harm to p: 184 

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him and his work, it is obligatory that he give its Khums whether the capital is the capital of business or agricultural land or a property or real estate or a tool of work (like a car). Issue 627: It is not permitted (for a person) to disburse his property as long as Khums has not been paid upon it, the intention alone of paying the Khums does not suffice. Likewise, it is not permitted to assume (the amount) of Khums in his responsibility and disburse the property. If he has disbursed it, it is forbidden in reality. If that property is ruined, it is obligatory to pay its Khums Issue 628: He who is obligated to pay an amount of Khums, when the Religious Jurist settles (on the amount of the payment by accepting the payment and returning it to the payee as a loan) and gives permission to utilize this property (of course, with due attention paid to the interest of the needy). If after that, he acquires some benefit and profit from that property, it belongs to him. Issue 629: Whenever, a young child has a profit and it exceeds his yearly expenses, it is obligatory upon him to pay its Khums after becoming mature (Baaligh) , according to obligatory precaution. 2) Minerals Issue 630: The Khums on something which are produced by a mineral such as: gold, silver, lead, iron, copper, coal, petroleum, sulfur, turquoise, salt, minerals and types of metals, the obligatory precaution of that it does not have to be a p: 185 

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specific portion in that (mineral). Meaning that whatever mineral is extracted, be it small or large, Khums is given. Issue 631: Gypsum, lime, red clay and whatever is similar to those which the title of a mineral can be applied upon, Khums is obligatory for it. Likewise, (it is obligatory on) various types of stones. Issue 632: Khums is obligatory on minerals whether it be in the ground or above the ground, whether in privately owned lands or lands without an owner, whether the Muslim or the non- Muslim extracts it, or whether (the one extracting it) is mature (Baaligh) or immature. In the situation that the one extracting (the mineral) is a child, his guardian (Waliy) must pay the Khums on behalf of the child. Issue 633: Expenditures used in the extraction of minerals and their refinement (when refinement is needed) , and, likewise, the sum paid for lease (or rent) of the mine is taken from that which is extracted and Khums is given on the remaining amount. However, the expenses incurred within the year are not (subtracted from this sum). Issue 634: When a significant mine is in lawful lands (Mubaah) or surrendered lands (Mamlookah) , the Religious Jurist (Al-Haakim Ash-Shar', meaning the just Mujtihid) , may supervise the process of extraction and utilize it in the benefit of the Muslims and toward their expenses. In this situation it is obligatory upon the extractors to heed the view of the Religious Jurist and his opinions. Issue 635: When an Islamic government extracts minerals, Khums is not p: 186 

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obligatory upon the government. 3) Treasures Issue 636: A treasure (Kanz) is property concealed underground or on a mountain or in a wall or the inside of a tree and it is customarily said to be a treasure. Issue 637: If a person happens upon a treasure on a property that has no owner and no owner of that treasure had ever been known, the treasure belongs to the finder and Khums is obligatory upon it. Likewise, when a property is purchased from someone and a treasure was happened upon and it is known that it does not belong to the previous owners, the treasure is the finder's and Khums is obligatory. However, when it is possible that it belongs to one of the previous owners, it is obligatory according to obligatory precaution to notify (the previous owners) and inform them (of the find). Then, if it is established that it does not belong to the previous owners, the finder should inform whoever were the prior owners of that land. If it is established that it does not belong to any one of them, it belongs to the finder and it is obligatory that he pay Khums. Issue 638: There is a quantity when reached Khums becomes obligatory. The quantity (Nisaab) is one hundred and five (105) Mithqaal of Silver for fifteen (15) Mithqaal of gold. Meaning that when the value of the treasure reaches this amount, Khums becomes obligatory for it. As for when the quantity was less than this amount, then, there is no p: 187 

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Khums obligatory upon it. When the value does not reach fifteen Mithqaal of gold but it does reach 105 Mithqaal of silver, it is obligatory to pay Khums on it, and vice versa. 4) Lawful Property Mixed with unlawful Property Issue 639: When lawful property is mixed with unlawful property in such a manner that it is not possible for people to distinguish the lawful from the unlawful and the quantity of the unlawful property is not known nor its owner, it is obligatory to (base) Khums on the entire property and the property after payment of the Khums will become lawful. Issue 640: When lawful property is mixed with unlawful property, if its quantity is known (for example, it is known that a third of it is unlawful) but its owner is not known, it is obligatory to utilize that amount in those things that Khums is utilized for and charitable uses together (like poor Sayyids). Issue 641: When lawful property is mixed with unlawful property and the quantity is not known but the owner is known. It is obligatory to come to a mutual agreement with the owners (in that each are in agreement with the others). As for when the owner is unknown and the quantity is known specifically with certainty (for example a quarter of the property is unlawful) and there is doubt in whether it exceeds that amount, it is obligatory to give that amount for which there is certainty. The excess amount which is likely to be (the unknown owner's property) is halved (between the p: 188 

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owner of the lawful and the unknown owner of the unlawful). 5) Valuables Extracted by Diving Issue 642: When people extract valuables, like pearls and coral, from the sea by diving it is obligatory that they pay Khums upon it with the condition that its value, after deducting the cost incurred for its extraction, is not less than one Mithqaal of gold (in coin. A Mithqaal Shar'i is 18 grains, three fourths of the common Mithqaal). It is the same whether this valuable is a mineral or something that grows in the sea, the same whether extracted by diving one time or numerous consecutive dives with a short break considered normal, all of it is (counted as one dive). It is the same whether that which is extracted is from one genus (type of matter) or various types. Issue 643: When a number of individuals have a partnership in extracting of valuables from the sea, it is not necessary, according to precaution, that the share of each of them reach the 

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extent of the specific quantity (Nisaab). Rather, when the total sum reaches the extent of the specific quantity, the Khums becomes obligatory upon it. 6) The Spoils of War Issue 644: When the Muslims are at war with the non-Muslims by command of the infallible Imam, peace be upon him, then, the Muslims obtain spoils (Ghanaa’im) from the war, it is obligatory to pay Khums upon it. However, (it is taken) after calculating and first removing the expenses incurred in preserving, carrying and transporting (the spoils). Issue 645: When the Muslims are at p: 189 

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war with the non-Muslims by permission of a particular representative of the Imam, peace be upon him, or a general representative, and spoils are obtained, it is obligatory that they pay Khums on the spoils according to obligatory precaution. Issue 646: Large scale arms which are obtained in present wars are subject to Khums and it is not possible for an individual to utilize it, like tanks and cannons. It is permissible for the Religious Jurist (Al-Haakim Ash-Shar’) or the Guardian of the Affairs of the Muslims (Waliyul-Amr) to place (these materials) under the particular utilization of the Islamic army. Issue 647: It is proper for the Muslims to take possession of the property of non-Muslim combatants (in war). Khums is obligatory to be withdrawn first, except when possessing their property necessitates harm to the Muslims, such as if they are mentioned in a bad manner. 7) Land that the non-Muslim Resident Purchases from a Muslim Issue 648: When a non-Muslim resident (Zhimmi-and they are the people of the book - the Ahlul-Kitaab - who are living under the auspices of Islam and are required to observe the conditions of non-Muslim residents) purchases land from a Muslim, it is obligatory that he pay Khums on the value or (remove Khums from) the land itself, according to obligatory precaution. 

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The Disbursement of Khums Issue 649: It is obligatory to divide (a payment of Khums) into two parts. Half of it is the Share of the Imam, peace be upon him (Sahm Al-Imam) and the other half is the Share of the Sadaat (Sahm As-Sadaat - the Sadaat are the p: 190 

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descendants of the Holy Prophet, peace be upon him and his family). It is obligatory to give the Share of the Sadaat to the poor Sadaat or the needy Sadaat orphans or the Sadaat wayfarer (in other words he who has lost his money or depleted his money during a journey and becomes needy) although (the wayfarer) may not be poor in his own hometown. It is obligatory in our times to give the Share of the Imam, peace be upon him, to the just Mujtahid or his representative (Wakeel) in order that he disburse it in whatever the Imam desires, peace be upon him, in the benefit of the Muslims, particularly in institutions and maintenance of the religious Howzaat 'Ilmiyyah and similar things. Issue 650: It is only permitted to use the part of the share of the Imam, peace be upon him, in the construction of Mosques, Husainiyyahs, hospitals, clinics and Madrasahs, when those are completed with the permission of the just Mujtahid while observing preference (in the nature of the projects). However, it is not permitted to disburse the Share of the Sadaat except for Sadaat whose categories we have mentioned. Issue 651: Whomever is liable for one of the religious dues (like Khums) , when the Mujtahid or his representative has a view in settling (a Khums payment) it is permissible that the quantity of Khums is to be paid to him (the Mujtahid) , then, he will make a loan from it (for the person making the payment). The (payment) p: 191 

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of Khums is based on his liability and it can be paid by installments. Issue 652: It is not permitted to give the Share of the Sadaat to whom we have mentioned from the Sadaat without permission of the Religious Authority (According to obligatory precaution. Likewise, the share of the Imam, peace be upon him, that is given without the permission of the Religious Authority is not proper except when the Mujtahid endorses (that disbursement) afterward and is satisfied with it. Issue 653: When someone desires to pay the Share of the Imam, peace be upon him, to a Mujtahid whom he does not follow (in Taqleed) , that is not permissible except when it is known that Mujtahid and the Mujtahid whom he follows both disburse the Share of the Imam in one manner. Issue 654: It is not allowed for the Sadaat to accept more than his yearly expense from Khums, according to obligatory precaution. Issue 655: He who has a debt due from a needy Sayyid, it is permitted to consider his debt (to be taken) from Khums. However, it is necessary in the Share of the Imam, peace be upon him, to seek the permission of the Religious Jurist. Issue 656: It is not obligatory to say to the needy Sayyid: This money is from Khums. Rather, it is permissible to give it under the title of a donation and intend it to be Khums. Likewise, is the situation with the Share of the Imam which is given to needy individuals with p: 192 

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the permission of the Religious Jurist. 

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The Rules of Zakah 

 Rules of Zakah of Property point Issue 657: Zakah is obligatory in nine things: wheat, barley, dates, grapes (raisins) , gold, silver, sheep, cow and camel. If a person owns one of these nine things with the conditions which will be mentioned afterward, he is required to spend a specified amount (it will be mentioned) from it in (certain) expenditures. However, it is recommended also to give Zakah upon capital investments (Ra’sul-Maal). Likewise, (it is recommended) also to give Zakah on the remaining types of agriculture (other than what will be mentioned). Issue 658: With a number of conditions, Zakah becomes obligatory: 1) The property has reached the amount of a Nisaab which will be mentioned afterward. 2) The owner of that property is mature and sane. 3) He is able to dispense of that property. 4) In the case of cows, sheep, camels, gold, silver, it is necessary to possess it for twelve months, however, the obligatory precaution is that from the beginning of the twelfth month, the related Zakah is taken out. If during the twelfth month, some of the conditions disappear, the obligation of Zakah is not dropped. Issue 659: If the owner of a cow, sheep, camel, gold or silver becomes mature during the year, Zakah is not obligatory upon him. Issue 660: The Zakah of wheat and barley becomes obligatory at a time when the seeds of that plant opens and it is called wheat and barley. The Zakah of grapes and raisins is obligatory at the time when these names are p: 193 

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applicable for it. The Zakah of dates is at the time where dates ripen and becomes acceptable for eating. However, the time of giving Zakah of wheat and barley is the time at which they are harvested and they are cleared. The time of giving Zakah of dates and raisins is at the time they becomes dry, except when it is desired to be eaten moist. Then, in this situation, it is obligatory to give the Zakah (of dates and grapes) with the condition that their dried weight reach the quantity of a Nisaab. Conditions for Zakah becoming Obligatory 

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The Zakah of Crops Issue 661: The Zakah of wheat, barley, dates and raisins are obligatory when they reach the quantity of a Nisaab. The Nisaab of wheat, barley, dates and raisins are (288 Man Tabreezi, less than 45 Mithqaal). In other words, it is approximately 847 Kilograms (1,867. 6 US pounds). Issue 662: If a quantity of wheat, barley, dates and raisins are consumed before paying the Zakah or giving it to another individual, it is obligatory to pay (that quantity's) Zakah. Issue 663: If wet dates and grapes are consumed before becoming dry or sold, the Zakah is obligatory (in dates and raisins) dried quantity is in the measure of a Nisaab. Issue 664: There is no Zakah in crops upon which Zakah had already been paid, although it might remain for numerous years. Issue 665: The amount of the obligatory Zakah withdrawn from wheat, barley, dates, grapes (and raisins) , when (these crops) are watered by rain water or irrigation or a river or p: 194 

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dammed water or the moisture of the earth, is one tenth. When (the crops) are watered by deep wells or semi-deep wells or semi-level or by means of buckets or by hand or by a water wheel or by drawing water from rivers by a pump, one twentieth (is paid). Issue 666: If agriculture is irrigated by both methods, if one of those methods is measured less, such that it is not customary (For example, had it mostly been watered with rainwater and in a very small amount with well water). The payment of its Zakah is according to its customary watering method. However, if it is watered by each of the two methods in a customary amount, for example, a third or half of the time with rain water and the remaining time watered with well water, it is necessary to give the Zakah of that in halves, meaning that the Zakah of half of it is one tenth and the other half is one twentieth. Issue 667: According to obligatory precaution, the expenses for agriculture are not deducted from the yield. Likewise it is in relation to the cost of the seeds which are used for cultivation. The Zakah is paid upon the entire yield of the land. 

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The Nisaab of gold and silver Issue 668: Gold has two Nisaab: The first Nisaab is twenty Mithqaal Shar'i which equals fifteen Customary Mithqaal (Mithqaal Ma'mooli). Whenever gold reaches one of these quantities and other conditions are present, it is obligatory to give one fortieth of that (two and a p: 195 

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half per-cent) with the designation of Zakah. If this amount is not reached, there is no Zakah. The Second Nisaab is four Legal Mithqaal (Mithqaal Shar'i) which becomes three Customary Mithqaal, meaning that if three Customary Mithqaal are added to fifteen Customary Mithqaal, Zakah is required to be given on the total eighteen Mithqaal at the rate of two and a half percent. If the addition is less than three Mithqaal, then, Zakah is only obligatory upon the fifteen Mithqaal, the excess does not have Zakah. Likewise, whenever three Mithqaal are added, it is obligatory to give Zakah on the total in the mentioned relationship. If the addition is less than three Mithqaal, there is no Zakah upon the addition. Issue 669: Silver also has two Nisaab: The first Nisaab is one hundred and five (105) Customary Mithqaal. If that quantity is reached and other conditions are present, it is required to pay one fortieth of that as Zakah (two and a half percent). If this quantity (of the Nisaab) is not reached, Zakah is not obligatory upon it. The Second Nisaab is twenty one (21) Customary Mithqaal, meaning that if twenty one Mithqaal is joined with one hundred and five Mithqaal, Zakah is required to be given on the total one hundred twenty six (126) Mithqaal. Whenever the addition is less than twenty one Mithqaal, Zakah is only obligatory upon the hundred and five Mithqaal, the addition has no Zakah. Likewise it is whenever twenty one Mithqaal are added. However, for ease of p: 196 

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calculation, when a person pays two and a half percent of the gold or silver which he possesses as Zakah, he has fulfilled (the duty of Zakah) for himself. Perhaps it is more than what was obligatory for him. Issue 670: Another condition in the obligation of Zakah in gold and silver is that they (the gold and silver) has the signet (of currency) and is a circulating currency. According to this, Zakah is not connected when (the gold and silver) is not minted with a signet of currency. Issue 671: The recommended precaution is that Zakah is given on the remaining types of cash currency like bank notes (like the Dinaar and similar currencies) , when other conditions are present. Issue 672: Another condition is that a person possesses the quantity of a Nisaab of gold or silver minted with the signet of commerce for the entire year. When the twelfth month is entered, the precaution is to give its Zakah. Regarding, if he trades (the currency) before the passing of the eleventh month or it becomes less than Nisaab or he is incapable of disbursing it, Zakah is not related to (these funds). Likewise it is if the minted gold and silver is substituted with something else or they are melted or smelted, then, being removed from the situation of being a minted currency. Regarding if minted gold and silver is exchanged with other minted gold and silver, the obligatory precaution is to pay its Zakah. 

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The Zakah of Animals 

 point Issue 673: In addition to the conditions

previously mentioned, it is conditional in the Zakah of sheep, cows and camels that these animals be idle, meaning that they do not work. Then, when the animal works some days during the year such that it is not customary work, Zakah is obligatory. Issue 674: The obligatory precaution is that Zakah on sheep, cows and camels be paid when the amount of the Nisaab is reached, it being the same whether (the animal) was grazing or fed with cut fodder or it grazes sometimes and is fed at other times. Issue 675: If a pasture is purchased or rented for these grazing animals and no one cultivates (the pasture land) or it bears its particular expenses by the animals grazing in the pasture, it is obligatory to give its Zakah. Issue 676: For sheep, there are five (5) Nisaab: • 40 Sheep - Its Zakah is one (1) sheep. • 121 Sheep - Its Zakah is two (2) sheep. • 201 Sheep - Its Zakah is three (3) sheep. • 301 Sheep - Its Zakah is four (4) sheep. • 400 Sheep or more. One sheep is given per each hundred sheep. There is no Zakah on that which is more or less than one hundred just as there is no Zakah on the number between two Nisaab, meaning when the number of sheep reaches 40, then, its Zakah is one sheep. There is no Zakah on whatever is in excess of this number until reaching (the next Nisaab of) 121 sheep. When this number is reached, p: 198 

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its Zakah is two sheep. Issue 677: For cows, there are two (2) Nisaab: The First Nisaab: Thirty (30) head of cows, meaning that when the number of cows reach 30 heads and the previously mentioned conditions are fulfilled, it is obligatory to give a Tabee' or Tabee'ah. They are the cows that have entered into the second year at the minimum. The Second Nisaab: Forty (40) head of cows. Its Zakah is a Musannah, meaning the female cow that has entered into the third year at the minimum. There is no Zakah in that which is in excess between 30 and 40. For example, if someone owned 35 head of cows, then, he would give the Zakah on 30 head of cows, not more. Likewise, when its number was more than 40 to 59 head, then, its Zakah is only that which is obligatory in 40. Then, when it reaches 60 head, 2 Tabee' or 2 Tabee'ah are obligatory. Thus, whenever increase is 30 and 40 or 40 and 40, select between (calculating the Nisaab) by counting 30 and 30 or 40 and 40 and act according to the method previously mentioned. However, it is obligatory to count so that nothing remains or when something remains, it should not be more than 9. For example, when there are 70 head of cows, it is obligatory to figure (the Nisaab based on) 30 and 40 and give the Zakah for each one of these Nisaab according to the method mentioned. When the number of p: 199 

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head of cows reaches 80, the Nisaab is figured based on 40 and 40. Issue 678: For the camel, there are twelve (12) Nisaab: • Five (5) camels -Its Zakah is one (1) sheep. There is no Zakah unless it has reached this number. • Ten (10) camels -Its Zakah is two (2) sheep. • Fifteen (15) camels - Its Zakah is three (3) sheep. • Twenty (20) camels - Its Zakah is four (4) sheep. • Twenty five (25) camels - Its Zakah is five (5) sheep. • Twenty six (26) camels - Its Zakah is a Bint Makhaadh and it is the female camel which has entered into the second year. • Thirty six (36) camels - Its Zakah is a Bint Laboon, the female camel that has entered into the third year. • Forty six (46) camels - Its Zakah is a Huqqah, the female camel which has entered into the fourth year. • Sixty one (61) camels - Its Zakah is a Jaz'ah, the female camel which has entered into the fifth year. • Seventy six (76) camels - Its Zakah is two (2) Bint Laboon. • Ninety one (91) camels - Its Zakah is two (2) Huqqah. • One hundred twenty one (121) camels and whatever is above. Its Zakah is computed based on 40 and 40 and for each forty one Bint Laboon is given. Or it is based on 50 and 50 and for each fifty one Huqqah is given or it is based on 40 and 50. However, it is obligatory that it be figured p: 200 

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so that nothing remains larger than 9. Issue 679: There is no Zakah in that amount which is between Nisaab, meaning that when the number is more than the first Nisaab, (5) , nothing is obligatory in this excess until it reaches ten. Only the Zakah on five is obligatory. It is likewise with the other Nisaab. The Nisaab of Sheep The Nisaab of Cows The Nisaab of the Camel 

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Disbursement of Zakah Issue 680: It is obligatory to disburse Zakah through the expenditure in one of the following eight (categories of eligibility): 1) and 2) The poor and the destitute. Both have neither the means to provide for themselves nor for the families within a year. The difference between the poor (Faqeer) and the destitute (Miskeen) is that the poor is one who does not ask anyone (for assistance) while the destitute is a needy person who has need to ask (for assistance). He who has a vocation or real estate or a profitable venture that does not maintain his livelihood and is not sufficient is deemed as a poor (Faqeer) legally. He is permitted to take his remaining expenses from Zakah. 3) The Zakah collectors (Jaaba Az-Zakawaat). The collectors are the ones appointed in the presence of the Imam or his representative to collect Zakah payments or to persevere or for its accounting or to send it to the Imam, (peace be upon him) or his representative or to disburse it in a required expenditure. It is certainly allowed that the collector can take from the Zakah that which is appropriate for his effort and work. 4) To initiate alliances (with p: 201 

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non-Muslims). They are the unsteady in faith and belief whose assistance is sought through giving Zakah to them in order to strengthen their belief and their desire for Islam. 5) Purchasing slaves and freeing them. 6) Debtors. Those who have undertaken a financial obligation (Dayn) and are unable to fulfill it. 7) The Path of Allah (Sabeel Allah). The Path of Allah is all of the paths of goodness that has religious benefit like building Mosques and, likewise, religious schools, propagation centers, to dispatch clergymen and the publication and distribution of useful Islamic books. In a few words, it is all that benefits Islam by whatever means it may be. In particular, Jihad in the Path of Allah. 8) The Wayfarer (Ibn Sabeel). The wayfarer is the traveler whose journey is disrupted and has depleted his funds. He becomes needy, then, it is permissible that he be given Zakah to the extent of his need although he may be well to do in his own hometown and without any need. Issue 681: The poor (Faqeer) and the destitute (Miskeen) are not able to take more than their yearly needs for themselves and their families from Zakah, according to obligatory precaution. If whatever they possess is insufficient for him and his family, it is permissible that he take the remaining yearly needs from Zakah. Issue 682: It is permissible for one possessing a trade or job whose yearly income is less than the expenses of the year to take the remainder of his expenses from Zakah. It p: 202 

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is not obligatory that he sell the tools of his trade or his investment capital or real estate to secure the year expenses. Issue 683: It is permissible for those engaged in the study of the obligatory sciences to receive Zakah, likewise, the Judge (Qaadhiy) and the one executing the punishments of Allah and His verdicts. 

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The People Eligible for Zakah Issue 384: There are a few conditions regarding the people eligible for Zakah (Mustahiqqoon): First, is that (the people receiving Zakah) have faith (Imaan) in Allah, the Honorable Prophet, peace be upon him and his family, and the twelve A’immah, upon them be peace. It is permissible to give Zakah to infants and the mentally ill when they are from poor Shi’ah Muslims. Yes, Zakah is only given to their guardians. It is the same whether the Zakah is taken with the intention of taking possession on behalf of a child or the mentally ill or (someone takes Zakah) with the intention of spending it in their own matters (they recipient must be Shi’ah). When it is impossible (to give the Zakah) to a guardian, it is permitted to spend it for their needs and their affairs by himself or by means of a trustworthy individual. Issue 685: The second condition is that giving of Zakah not be an assistance for sin, as such, it is not permissible to give Zakah to he who would spend it in sin. The obligatory precaution is that Zakah not be given to the drinker of alcohol. Issue 686: Being just (Adaalah) is p: 203 

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not condition in receiving Zakah. Likewise, being free of major sins is not conditional. Issue 687: Third, that the one receiving the Zakah not be one whom the giver of the Zakah is obligated to support. Meaning, it is not permissible for a person to give Zakah to his son or his wife or father or mother. However, when one of these has financial obligations and it is not possible for them to make its payment, it is permissible to give them the amount of the payment of their obligation from Zakah. Issue 688: Fourth, it is obligatory that the receiver of Zakah not be a Sayyid (descendent of the Holy Prophet, peace be upon him and his family) unless the giver of the Zakah is also a Sayyid. Regarding Khums and various other legal properties, it is not proper for his support and expenses. If he was compelled to receive Zakah, it is permitted that he receives it from a non Sayyid. However, the obligatory precaution is that he accepts only the amount of his daily expenses. 

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The Intention in Zakah Issue 689: The intent of Qurbah is conditional in Zakah, meaning that the Zakah is given in compliance with the command of Allah Ta'ala and due to obedience to Him. It is obligatory to specify in intention that this is the Zakah of property (Zakatul-Maal) or the Zakah of Fitrah (Zakatul-Fitr). However, when the Zakah of Agriculture (Zakatul-Ghallaat) and another type of Zakah of property are both obligatory, it is obligatory to specify that this p: 204 

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which I am paying is the Zakah of one of these types of property. Issue 690: When Zakah is not paid by ones own desire, it is permissible for the Religious Authority to take it by force and deem it to be Zakah. In this instance, the intention of Qurbah is dropped, however, the recommended Precaution is that the Religious Authority make the intention of Qurbah. 

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Miscellaneous issues of Zakah Issue 691: The lack of delay is obligatory in the payment of Zakah, meaning that it is obligatory to pay the Zakah to the poor or the Religious Authority (Al-Haakim Ash-Shar'i) at the time it becomes obligatory. However, when he waits for a particular poor person or it is desired to give to a poor person, it is best. It is permissible for him to delay it. However, the obligatory precaution is that he separates the Zakah from his property in this situation. Issue 692: Whoever is able to give Zakah to a person eligible, when he is negligent and the property is ruined, he is liable and it is obligatory for him to give its substitute. As for when it was ruined and he was not negligent, nothing is obligatory for him. Issue 693: It is best to give the obligatory Zakah openly and the recommended charity covertly and secretly. Issue 694: It is permissible for people to purchase religious and scientific books with Zakah (as well as) Qur’ans, books of supplications (Dua’) and other beneficial and effective books in advancing Islamic ideals and (establishing) and endowment with p: 205 

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it, whether it be a general endowment or a particular endowment for specified individuals. Rather, it is even permissible that he make it an endowment for his children whom he is obligated to support. However it is not permitted to purchase real estate and endow it for his children. Issue 695: It is permissible for a poor person to take Zakah in order to go to Hajj or Ziyaaraah and similar things. However, when he had already taken his year's expenses from Zakah, taking Zakah for Ziyaarah and things similar to that is objectionable. 

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Zakatul-Fitr point Issue 696: Zakatul-Fitr is obligatory upon all who are mature (Baaligh) , sane ('Aaqil) and free of need (Ghaniy) before the sunset of the night of the 'Eid of Fitr. Meaning that it is obligatory for one to give one Saa' (approximately 3 Kilograms) of a staple food for people in his city on his own behalf, and each of whom he his responsible for at the time of entering the night of Fitr. Whether it be wheat or barley or dates or rice or corn or whatever is similar to that or the cost of one of these things, it suffices. Issue 697: The person free of need (Ghaniy) is he who possesses his needs for himself and his family or he possesses the means to achieve it through earning and labor. If he does not fit one of these descriptions, he is a poor person (Faqeer) and Zakatul-Fitr is not obligatory upon him, rather, he is allowed to p: 206 

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receive Zakatul-Fitr. Issue 698: People are obligated to pay Zakatul-Fitr for themselves at whomever is deemed his dependent before sunset on the night of 'Eidul-Fitr, whether the dependent be a child or an adult, Muslim or non-Muslim, whether their maintenance is obligatory upon him or not or whether they are living with him in one place or in another place. Issue 699: When a person authorizes (someone) to pay his Fitrah from his own property on behalf of those dependents of his while he lives in another city, if he is content that his Fitrah has been paid, it is sufficient (in fulfilling his duty). Issue 700: The guest which has entered the house, with the agreement of the host, before sunset on the night of 'Eidul-Fitr is counted as a dependent of the host of the house, meaning that the guest intended to stay with him for a time. The guest's Fitrah is also obligatory upon the host of the house. As for when the guest was invited for the night of 'Eidul-Fitr only, his Fitrah is obligatory upon the host of the house. When the guest enters the house without the consent of the host of the house and is counted as a dependent, it is obligatory for the host of the house to pay the Fitrah for him also, according to obligatory precaution. Likewise, Fitrah is obligatory for he who has compelled his maintenance upon people. Issue 701: It is not allowed for a Sayyid to receive Fitrah from a non-Sayyid. Issue 702: p: 207 

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The Fitrah of a nursing infant who nurses from its mother or wet nurse is obligatory upon whoever maintains the child's mother or wet nurse. When (the mother or wet nurse) are maintained from the child's wealth, the child's Fitrah is not obligatory upon anyone, not upon the child itself nor any other. Issue 703: When someone is hired and also a condition of their employment is that they be maintained (like a servant) , it is obligatory upon the employer to give Fitrah (for the employee). However, in relation to laborers who contract with the employer maintenance as a part of their wages, their Fitrah is not obligatory upon the employer. Likewise, in relation to workers in restaurants and similar workers for whom the restaurant owner bears (the expense) of their dinners and breakfast and it is considered as part of their wages, then, their Fitrah is obligatory upon themselves not upon the employer or the owner of the restaurant. Issue 704: It is obligatory, according to obligatory precaution, to give the Fitrah to the poor and destitute with the condition that they be Shi'ah Ithna 'Ashari Muslims. It is permissible also to give Fitrah to needy Shi'ah children whether it be spent on them directly or taken in possession for them by means of their guardians. Issue 705: It is not a condition that the poor who receive Fitrah be just ('Adl) , however, the obligatory precaution is not to give the Fitrah to the one drinking wine and he who commits major sins p: 208 

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publicly. Likewise, Fitrah is not given to one who would spend it in disobedience to Allah, Glorified by He. Issue 706: The obligatory precaution is that the poor person is not given more than the provisions for the year and not less than one Saa' (in other words, approximately 3 Kilograms). Issue 707: It is recommended in giving Zakatul-Fitr to advance needy relatives over others, then, needy neighbors. Just as it is recommended to advance the people of knowledge (Ahlul- 'Ilm) and the virtuous over others when they are needy. Disbursement of Zakatul-Fitr 

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Miscellaneous issues of Fitrah Issue 708: The intention of Qurbah is obligatory in Zakatul-Fitr like the Zakah of property (Zakatul-Maal) , meaning that (the one paying) is giving the Fitrah in order to comply with the command of Allah and out of obedience to Him. It is conditional that Fitrah be intended as well. Issue 709: The standard Zakatul-Fitr is not the food of the individual himself, rather, it is the staple food for the people of his country or his city. Based on this, when (the individual's) staple food is rice, it is permitted to give wheat as Fitrah. Issue 710: It is permissible in Zakatul-Fitr to give cash as a substitute for food. For example, figure how much the value of a Saa' of wheat is, then, pay its cost to the poor under the title of Fitrah. However, it is obligatory to pay attention that the basis of the value is the actual retain value in the free market, and not the wholesale figure or the official pricing. p: 209 

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In another phraseology, it is to give the poor person a sum (of cash) that would enable him to purchase that commodity from the market. Issue 711: The time of giving the Fitrah is the day of 'Eid before performing the prayer (of 'Eid). According to this, when someone prays Saltul-'Eid, it is a requirement that he pay his Fitrah before the prayer of 'Eid. When he does not pray Salatul-'Eid, it is permissible to pay it up until the time of Zuhr on the day of 'Eid. Issue 712: When it is not possible (to give Fitrah) to a poor person, it is permissible to withdraw the Fitrah from his property until he pays it to the deserving person who is in his mind or to another deserving person. It is obligatory to make the intention of Fitrah whenever he intends to pay the Fitrah to a deserving person. Issue 713: When the Fitrah had not been paid nor withdrawn from one's property at the time obligatory to give the Fitrah, the precaution is to make the intention afterward of giving that which is his duty, meaning (to give the Fitrah) without intending (to pay it) in the proper time (Adaa') nor (intending) its Qadhaa'. ISSSUE 714: It is not permitted to exchange the property which is withdrawn with the intention of Fitrah with another property. Rather, it is obligatory to give (that specific) Fitrah itself to the poor. Issue 715: The obligatory precaution is to disburse the Fitrah in the same locality or p: 210 

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country. For example, it is not permitted to send the Fitrah to relatives in another country or another place, except when deserving people are not found in his own city. When it is transferred to another country (or city) with the existence of deserving people in (the payee's city) and it is ruined, he his liable. However, it is permitted for the Religious Authority, with observing the benefit of the needy, to transfer it to another country (or city). 

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The Rules of The Pilgrimage (Hajj) 

Issue 714: The pilgrimage (Hajj) , meaning visiting the house of Allah and performing particular acts are called the rites of pilgrimage. The pilgrimage is obligatory in life once for everyone having the following conditions present for them: 1) Maturity (Buloogh). 2) Sanity ('Aql). 3) That one not cause an obligation to lapse more important than the pilgrimage nor commit a major sin that is more important in the law than abandoning the pilgrimage. 4) The ability (to perform the pilgrimage) , it is ascertained by a number of matters. First: That one has the provisions and all that is required in the journey, the means of the necessary transportation for the journey or the money enabling one to enjoy these things. Second: That the way be devoid of obstacles and (that there be a) lack of fear of danger or harm to oneself or his goods or his property. Therefore, if the way is blocked or one fears a (particular) danger, the (obligation of the) pilgrimage is dropped. However, when there is another way more remote, it p: 211 

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is obligatory that one take it to the pilgrimage, and (the obligation is not dropped). Third: That one be physically able to (perform) the pilgrimage. Fourth: That the time is sufficient to reach Makkah and perform the rites. Fifth: That one has the (resources by) which he maintains those whose maintenance is obligatory upon him, legally and customarily. Sixth: That one has the money or the (means) of earning or work enabling him to manage his life after returning from the pilgrimage. Issue 717: He who cannot eliminate his need without the seizure of (his) owned house, the pilgrimage is not obligatory upon him, except at the time when he has the cost of the house also. As for when it is possible to live in a rented house or a donated house and whatever is similar to that, he is capable (of performing the pilgrimage). Issue 718: When a woman possesses property enabling her to perform the pilgrimage, however, it is not possible for her husband to support her after returning (from the pilgrimage) and she is not capable of managing her life, the pilgrimage is not obligatory upon her. Issue 719: When one does not possess the expenses for the pilgrimage, however, someone expends (the expenses) for him or he gives money in order that he can perform the pilgrimage and bears the expenses of his wife's and his children maintenance throughout this period, the pilgrimage is obligatory upon him, although he becomes indebted and is not able, by himself, to manage his life after p: 212 

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returning. Accepting this gift is an obligatory matter, except that it be associated with a favor or harm or unbearable difficulty, this pilgrimage will suffice for a obligatory pilgrimage. Issue 720: He who is hired for the service of an individual or caravan in the journey to the pilgrimage, and he make the pilgrimage in this situation, the pilgrimage will count, in this place, as his obligatory pilgrimage. However, it is not obligatory for him to accept this service. Issue 721: When a capable individual had not performed the pilgrimage, then, his physical ability is removed such that he loses hope that he will be able to perform the pilgrimage himself, it is obligatory that he appoint a person to perform the pilgrimage as a representative on his behalf. As for when one is capable financially but unable physically due to old age or illness, the pilgrimage is not obligatory upon him. However, the recommended precaution is to hire someone (to perform) the pilgrimage on his behalf. The rules of the rites of the pilgrimage are mentioned in a separate Book. 

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The Rules of Selling and Buying 

 Obligatory and Recommended Business Transactions Issue 722: It is obligatory upon every Muslim to learn the rules of business transactions to the extent of his need. It is obligatory upon the scholars ('Ulamaa’) to teach these rules to the people. Issue 723: To earn, work, labor and strive in the way of business, agriculture and vocation and things similar to that is obligatory upon he who does not possess the expenses (of maintenance) of his wife and p: 213 

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children. Likewise, it is obligatory to preserve the order of Islamic society and secure its needs. In other than these situations, earning and labor is emphatically recommended, in particular, to assist the poor and for the comfort of dependents. Issue 724: It is recommended that the seller make no distinction between buyers in the price of a commodity nor be difficult nor swear (an oath). When the buyer regrets (the purchase) and seeks to cancel the transaction, (the seller should) accept the cancellation. 

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Disliked (Makrooh) Business Relations Most Jurist (Fuqahaa’) hold the opinion in the dislike of the business transactions which will be mentioned and the best thing is to avoid them: • Money Changing (Suraafah) and all that involves people with the consumption of interest and its activities or miscellaneous unlawful activities. • Selling Shrouds (Kafan) in the situation of it being an established occupation and profession in itself. • Business dealings with the vile people and the owner of doubtful properties in their affairs although the properties are apparently lawful. • Execution of business transactions between the beginning of Fajr and sunrise. • When someone has come forward to buy something and before the transaction is complete, it is necessary that someone else does not interfere in this transaction. This is what is termed as someone interfering in bartering and it is one of the disliked acts. 

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Unlawful and Invalid Transactions Issue 726: Transactions in the following instances are invalid. 1) Selling and purchase of a source of Najaasah (Aynun-Najaasah). Intended by Najaasah is whatever is inherently Najis (impure) , according to obligatory precaution (like urine, p: 214 

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stool and blood). Based on this, the selling and buying of fertilizer is objectionable. However, there is nothing preventing benefiting from it. As for the sale of blood and purchase of blood in our times, which is used to save the injured and sick, then, it is permissible. Likewise is the sale of guard dogs and hunting dogs. 2) The sale and purchase of usurped things except when its owner has endorsed the transaction. 3) The sale and purchase of things that have unlawful advantage like the instruments of gambling and similar examples. 4) The sale and purchase of something that has no value in the common perception although it may possess a value with specific individuals, like many insects. 5) Transactions in which there is interest (Ribaa). 6) The sale and purchase of counterfeited and adulterated commodities when the purchaser is unaware of its state, like selling milk mixed with water or oil mixed with fat or something else. This action is called cheating (Ghashsh) and it is a major sin. It has been reported that the Messenger of Allah, Blessings be upon him and his family said: “He who cheats a Muslim or harms him or deceives him is not from us. ” Issue 727: There is no objection in selling the Mutanajjis (commodity). The Mutanajjis commodity is that which has contacted Najaasah (impurity) and it is possible to purify it or use it, like fruits, fabric and carpets. However, when the purchaser intends to use it for eating, or acts that have purity (Tahaarah) conditional p: 215 

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for them, it is obligatory to inform (the purchaser) to avoid it. Issue 728: When something pure becomes impure with that which it is not possible to purify, like oil, if it is used only for eating, then, its sale is invalid and unlawful. As for when it has other uses not having purity condition in them, then, its sale is proper (like impure petroleum). Issue 729: Edible commodities and its likeness imported from non-Islamic countries, when their impurity is not certain and incontestable, there is not objection in their sale and purchase. Like when it is likely that milk and cheese and oil is prepared and produced by means of an automated process without hands being entered into it. Issue 730: The sale and purchase of meats and fats supplied from non-Islamic lands or taken from the hand of a non-Muslim is invalid. Likewise are hides (leathers) according to precaution. However, there is no objection when it is known that it is from animals slaughtered in a legal manner or under the supervision of Muslims. Issue 731: There is no objection in selling and purchasing meats and fats taken from the hand of Muslims. However, when it is known that the Muslim has taken from the hand of a non- Muslim or it is supplied from a non-Muslim country and he has not investigated the method of its slaughter whether it is slaughtered in a legal manner or not, then, its sale and purchase is invalid and unlawful (the ruling of hides is as p: 216 

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such, according to precaution). When it is taken from a Muslim, its appearance indicating upon his restriction and obligation to the law, or it is likely that he has investigated it, then, the transaction is proper. Issue 732: The sale and purchase of all types of intoxicants is unlawful and invalid. Issue 733: The sale and purchase of usurped (Ghasbi) property is unlawful and invalid. It is obligatory upon the seller to return the price to the purchaser. However, it is not correct that the purchaser should return that usurped thing to other than its owner. When he does not know its owner it is obligatory that he act in accordance with the view of the Religious Authority and his opinion. Issue 734: When it was the intent of the purchaser from the beginning not to pay the price of the commodity which he has purchased, there is an objection (to this transaction). Likewise it is when (the purchaser's) initial intention was to pay the amount in unlawful money. However, when this was not his intention initially and he only gave the price of the commodity from unlawful property afterward, the transaction is proper, however, it is obligatory that he gives (the price) from lawful property a second time. Issue 735: The sale and purchase of instruments of entertainment (Lahw) , amusement (La'b) and corruption is unlawful and invalid except that it be an instrument shared (between lawful and unlawful) or a instrument of exercise and similar things to that, then, its sale is permitted. Issue p: 217 

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736: When that which has a lawful benefit is sold to someone who will definitely use it for the unlawful (for example, selling grapes to the manufacturer of wines) , the transaction is invalid. Issue 737: The manufacture, sale and purchase of images are objectionable. The precaution is to abandon it. However, there is no objection in the sale and purchase of soap and similar things that are manufactured in the form of an image or embossed patterns. Issue 738: The sale and purchase of things that are obtained by means of gambling or theft or an invalid transaction is unlawful and invalid. It is not allowed to utilize it. When someone purchases it, it is obligatory upon him to return it the original owner, if he is aware of him. When he is not aware of the original owner, he acts in accordance with whatever the Religious Authority has ordered (him to do). Issue 739: Consuming interest (Ribaa) is unlawful and it is of two types: First, the interest in loans whose discussion will come in the section of loans, with the permission of Allah, the Exalted. Second, interest in transactions. It is to sell a commodity of a particular type, customarily sold by weight or volume, in return for a greater quantity of the same commodity. For example that a Mann (dry measure) of wheat is sold in exchange for one and a half Mann of wheat, although one of them be a better kind than the other. Numerous Islamic narrations have been reported p: 218 

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censuring interest and it is counted as one of the very great sins. Issue 740: Consuming interest is not unlawful in the following instances: 1) The Muslims taking interest (meaning excess) from non-Muslims. 2) Interest between the father and son. 3) Interest between the husband and wife. 

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The Conditions of The Seller And Purchaser Issue 741: Conditional in the two parties (the seller and purchaser) are what follows: 1) Maturity (Buloogh) 2) Sanity ('Aql) 3) That they not be restricted in utilizing the property (like the one under the supervision of the ruling of the Religious Authority due to bankruptcy and similar things). 4) That they be serious regarding their transactions. Therefore, there is no effect for he who jokingly says: I will sell you my property. 5) That they not be compelled to execute the transaction. 6) That the property exchanged is owned by them or they are a representative (Wakeel) of the original owner or both or one of them is a guardian of a minor. 

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Conditions of the two Exchanged Items (The Payment and the Commodity) Issue 742: A number of matters are conditional in the commodity (Muthman) that is being sold and the thing which is taken in return for the commodity as an exchange (Thaman): 1) It is obligatory that the quantity (of both) is known by means of weight, volume or number. 2) That the two (the seller and buyer) are capable of being taking the commodity and payment into possession. According to this, it is not proper to sell an animal that has fled from its owner. 3) That the particular affective qualities are specified for the value of the two exchanged items ('Iwadhain) and for p: 219 

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the interest of people to conducting business with them (meaning, the commodity and payment). 4) That the rights of the individuals other than the two parties (the seller and buyer) should not be connected to the two exchanged items. According to this, it is not allowed to sell something that a person has pawned (Rahn-meaning something given as security) without the person's permission. As such, it is permissible for the seller to give in exchange for cash a benefit of his possessions, like someone who buys a carpet, then, he authorizes the use of his house for the seller as an exchange for the carpet that he purchased. Issue 743: It is not proper to sell or purchase the commodity without seeing which is (commonly) sold or purchased by sight, like a house, car, many kinds of rugs and carpets. 

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The Wording (Seeghah) of a Sale Issue 744: It is permissible for the two parties to execute the wording of a sales agreement in whatever language they are both proficient in. Based on this, if the seller translates the following Seeghah: (I am selling this commodity for such and such amount) and the purchaser translates the following Seeghah: (I accept) in Persian or another language, for example, the transaction is proper. It is likewise, when this meaning is given in another phraseology. When the purchaser is only given the commodity for another with the intention of a sale, and the other person takes it also with the intention of purchase, it is sufficient (with the conditions that are present for p: 220 

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every transaction). Issue 745: Recording the records of business transactions, whether in an official register or something other than that stands in the place of the verbal Seeghah. Issue 746: It is obligatory that the two parties (the seller and purchaser) intend to establish (a business transaction) at the time of executing the Seeghah of a sale. This means that their intent in verbalizing (the Seeghah) is the expression of consent (Ijaab) and acceptance (Qabool) and (the consent and acceptance) is selling and buying. Thus, whenever the active giving and taking stands in the place of the verbal Seeghah, it is obligatory that the (two parties) intend the establishment of (the existing nonverbal arrangement) meaning the establishment of the sale and purchase. 

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Cash and Credit (Transactions) Issue 747: When a commodity is sold in cash, it is permissible for the seller and purchaser to seek the payment or commodity after the transaction and to take possession (of the commodity and payment). Taking possession of a house or land and similar things is to put it at the disposal of the purchaser in manner that he is able to utilize it. Taking possession of something movable like a carpet or clothing is to place it at the disposal of the purchaser so that when he wants to transfer it to another place, he is able to do so. Issue 748: It is obligatory that the period is known when selling or purchasing something on credit (Nasee’ah) , otherwise, the transaction is invalid. 

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Advanced Payment (Salaf) and its Conditions Issue 749: A sale by advance payment is that p: 221 

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the purchaser gives the payment in cash and takes possession of the commodity after a period of time. It suffices in realizing this type of sale that the purchaser says: I am giving this money and I will take such and such amount of the commodity after six months, for example, and the seller says: I accept. Rather, even when the verbal Seeghah is not executed and the purchaser only gives a sum of money with this intention and the seller accepts this sum, the transaction is proper. Issue 750: Six matters are conditional in the sale by advance payment: 1) That the qualities and particularities of the commodity which affect its value are specified. However, numerous details are not obligatory. It suffices that only the particularities are known. Due to this, if the sale by advance payment is made for the commodity in which it is not possible to specify its particularities and description (like some types of leathers and carpets, the transaction) it is invalid. 2) It is obligatory to give the full payment before the two parties separate. When part of the sum is given, the transaction is proper in the amount given for payment. However, it is permitted for the seller to invalidate this transaction. 3) It is obligatory to specify the period (of time) completely. Then, when the seller says, for example: I will hand over the commodity to you in the beginning of the harvest (and the beginning of the harvest) is not known exactly, the transaction is p: 222 

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invalid. 4) The (purchaser and seller) must both specify the period of taking possession of the commodity and the time when this commodity will be available, usually. 5) The (purchaser and seller) must specify the place of taking possession of the commodity in whatever city or region that may be, according to obligatory precaution, except if this is understood from their conversation. 6) The (purchaser and seller) must specify the weight or volume (of the commodity). As for the commodity that that is traded customarily by sight, (like many of the types of carpets and rugs) , then, when it is sold to the purchaser after mentioning and explaining its characteristics, there is no objection. However, it is obligatory that the disparity between the item and the description of this commodity be insignificant such that people attach no importance to it. 

Page222-A Summary of Rulings

Instances in which it is Permissible to Cancel a Transaction Issue 751: The two parties (the seller and purchaser) have the right to cancel a transaction in eleven situations. It is termed the right of cancellation (Khiyaarul-Faskh). They are: 1) As long as they (the seller and purchaser) have not parted and left the place of the transaction. (It is called Khiyaarul-Majlis). 2) When it becomes clear that there was fraud from one of the two sides. (It is called Khiyaarul-Ghabn). 3) When they (the seller and purchaser) make the condition that one of them or both of them have the right to cancel the transaction during a specific time period. (It is called Khiyaarush- Shart). 4) When one of the two parties cheats and deceives. Then describes his p: 223 

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commodity with other than its (proper description). (It is called Khiyaarut-Tadlees). 5) When the seller or purchaser makes it conditional that the other side perform or do something or that the commodity be in a particular manner, then, the realization of this condition is not achieved. In this situation, it is permissible for the other side to cancel the transaction. (It is called Khiyaar Takhalluf Ash-Shart). 6) When one of the two exchanged items (the commodity or the payment) or both are defective and the other side does not have knowledge of that defect. (It is called Khiyaarul-'Ayb). 7) When it becomes clear that a quantity of the commodity that was sold to the purchaser was the property of another. Then, when the original owner does not consent to the transaction, it is permissible for the seller to cancel the transaction or the original owner of the property can accept the transaction and take the payment of that quantity from the (unauthorized) seller (It is called Khiyaarush-Shirkah or Khiyaaru Taba’udh As-Safqah). 8) When the seller sells a commodity by description that the purchaser has not seen. Then, it becomes clear that the commodity is not according to that description, in this situation it is permitted for the purchaser to cancel the transaction. This same rule is also applicable in the instances of exchanges. (It is called Khiyaarur-Ru’yah). 9) When the purchaser delays the surrender of the payment for a commodity which he has purchased for three days and the seller has also not surrendered the p: 224 

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commodity. In this situation, it is permissible for the seller to cancel the transaction (except when the purchaser had already made the delay in giving the payment conditional for a specific time period). When the commodity is lawful, like some fruits, dates and vegetables which will spoil after a day passes, then, if the payment is not surrendered by night, it is permissible for the seller to cancel the transaction. (It is called Khiyaarut-Ta’kheer). 10) When the commodity is an animal it is permissible for the purchaser to cancel the transaction during three days, if he desires. (It is called Khiyaarul-Hayawaan). 11) When it is impossible for the seller to surrender the commodity that he has sold, it is permissible for the purchaser to cancel the transaction. (It is called Khiyaaru Ta'azzur At- Tasleem). 

Page225-A Summary of Rulings

The Rules of Leasing- Renting- Hiring (Ijaarah) 

 point Issue 752: A person consigning the usage of his property or a person consigning the usage of himself for another is called Ijaarah (renting, leasing). It is conditional that the lessor (Mu’ajjir) and lessee (Musta’jir) both be mature (Baaligh) , sane ('Aql) and not compelled (meaning, they establish the lease agreement voluntarily and willingly). And that they not be prevented from utilizing their properties (in other words, they should not be placed under financial management out of compulsion). According to this, the lease agreement of a imbecile (Safeeh) is invalid who is incapable of managing his affairs in this situation properly so he does not use it foolishly. Issue 753: It is permissible for people to become a representative (Wakeel) p: 225 

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on behalf of another in order for a lease agreement to take place. Likewise, it is permissible for the guardian of a minor or his custodian to lease (the immature child's) property with the condition that he is mindful of his interests. The precaution is that the period after the maturity of the minor is not entered into the period of the lease except with that the interest of the minor is not realized. When the minor has no guardian or custodian, it is obligatory to seek the permission of the Religious Authority (Al-Haakim Ash-Shar') in the minor's affairs. When it is not possible (to obtain permission) from the just Jurist (Mujtahid 'Aadil) or his representative, it is permitted to seek the permission of a just Muslim who is mindful of the interests of the minor. Issue 754: It is permissible to execute the lease contract in the 'Arabic language or Persian or any other language. For example, the lessor says to a person: I will rent my such and such property for such and such amount for such and such period of time. Then, the other side says: I accept. Or this is translated into Persian or another language. Issue 755: When a person hires out himself to perform a job without executing the Seeghah of Ijaarah. Then, merely engaging in a action by the request of the other side, the hiring is proper. 

Page226-A Summary of Rulings

The Conditions of Ijaarah Issue 756: A number of matters are conditional in things that are rented/hired: 1) That (details of the lease, rental p: 226 

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or hiring) must be specified, for example, if it is said: I will rent you one of these houses or one of these cars, it is not proper. 2) It is obligatory that the lessee see (the property) or the owner describe its characteristics completely. 3) That it is possible for the lessee to take possession of (the property). Thus, when a runaway horse is rented and it is not possible for the lessee to take it, the rental is invalid. 4) That the benefit of that (thing rented, leased or hired) is not exhausted by its usage. According to this, it is not proper to rent bread or fruit. 5) That the utilization and benefit of that is possible. Therefore, it is not proper to lease land for farming when it is unsuitable for agriculture or there is an insufficient quantity of water. 6) That the thing sought (to rent/lease) is the possession of the lessor or he is a representative (Wakeel) or guardian (Waliy) in its rental/hire. Issue 757: A few matters are conditional in the benefit for one who rents/hires something: 1) That (the benefit) be lawful. According to this, it is not proper to lease a store or rent a car in order to profit from it in the production of alcohol or its transportation. 2) That the offering of property in exchange for (what is rented/hired) is not in jest in the common view. 3) When the benefit of something is varied, it is obligatory to specify what the lessee will acquire. For example, p: 227 

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when an animal is hired it can be used for hauling, carrying, riding or drawing something. It is obligatory to specify which of these aims are to be realized according to the rental agreement. 4) It is obligatory that (both parties) specify the time period of the lease/hire agreement. Issue 758: When the beginning point of the rental/hire agreement is not specified, the beginning point will be after the execution of the Seeghah or after taking possession of the property directly. Issue 759: When a house or property is leased for a year, for example, and the beginning of the agreement is a month after the execution of the Seeghah of lease/rental, it is proper although the house or property is rented to another person at the time of the execution of the Seeghah of lease/rental. Issue 760: When the lessee says: (I will rent the house for this month for one thousand dollars and whatever I remain beyond this period, the rent is from this same amount. ) The agreement is proper with relation to the first month only because the remaining time was not specified. However, when the first month was also not specified and it was only said: Every month (I will rent the house) for one thousand dollars, the agreement is fundamentally invalid. Issue 761: The hotels in which people do not know how long they will stay, when it is established that each night is ten dollars, for example, and both sides are agreed with that amount, there is no objection p: 228 

Page228-A Summary of Rulings

in that. However, in that they have not specified the period of time of the agreement it is not proper. According to this, as long as the owner of the hotel is agreed, it is permissible to remain there, otherwise, he does not have the right to remain. As for when they had specified the number of nights from the beginning, it is permissible for him to remain until the end of that time period. Issue 762: When that thing rented/hired or whatever is acquired from it is defective, if there was no negligence in its preservation and no excess in its usage, the lessee is not liable. For example, when material is given to a tailor, then, a thief steals it or it is burned by fire, if it is not due to the negligence of the tailor, he is not responsible. As for when it is ruined in the (lessee's) hand due to the effect of an error or another cause, he is liable except that the defect due to something itself. Meaning that the material is of a kind that spoils and becomes defective when it is exposed to ironing. In this situation he is not liable when it is ruined. Issue 763: When an injury is associated to a sick person or a child or there was death by reason of the negligence of the doctor at the time of performing an operation on a patient, or at the time of the circumcision of a child, the doctor p: 229 

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is liable. Likewise, when he erred and the error became the reason that the injury is associated to the patient. However, when he is not negligent nor commits an error and there is an injury related to the patient or the patient died from the effects of other activities, he is not liable with the condition that his undertaking in regards to the child is within the scope of the permission of child's guardians. Issue 764: When a doctor describes a remedy to a patient and he orders him to do something or drink a medication or he gives him an injection, if he makes an error in the treatment and an injury is associated with the patient, or the patient dies, the doctor is liable. Issue 765: So that doctors and surgeons are not liable when they make mistakes in treatment and surgery it is permissible for them to state to the patient or its guardian that they will never be liable when an injury is associated to them inattentively (meaning a mistake). If the patient and the guardian accepts that, then in this situation when the necessary precautions are observed and an injury is associated with the patient or the patient dies, the doctor or the surgeon is not liable. Issue 766: The rent/lease agreement is not invalidated by the death of the owner of the property or the lessee. That (agreement) remains as the right of their inheritors until the end of the period of the lease/rental. However, when it p: 230 

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was conditional that the lessee is the one who benefits from that property and no other, it is the right of the owner of the property to cancel the rent/lease agreement in the remaining time period. Issue 767: When an employer authorizes a contractor to hire workers for construction, then, if the contractor takes more than what he had given them for the work, it is unlawful. However, when he had agreed to complete the construction of structure for a sum and that sum was more than the expenses of construction of the structure, it is permitted and there is no objection in it. 

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The Rules of Loans (Qardh)

 Issue 768: Lending is one of the highly recommended acts. Emphatic exhortations are related in the Noble Qur’an, the Prophet's Sunnah and the narrations of the infallible Ahlul-Bait, peace be upon them all. It has been related from the Messenger of Allah, peace be upon him and his family (that he said): He who loans a Muslim a loan expecting his good fortune in it, his wealth is (akin to being used as) Zakah and (this deed) is in the prayers of the angels until it is paid. He who needs his Muslim brother for a loan and (his brother) is capable of it and does not provide it, Allah will forbid the fragrance of heaven for him. In another narration, he said, peace be upon him: Charity (Sadaqah) has the reward of ten and the loan (Qardh) has the reward of eighteen. Issue 769: It is permissible p: 231 

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to execute a verbal contract for a loan and, as such, by the action that a sum is given to someone with the intention of a loan and the other side takes it with this same intention. Both situations are proper. Issue 770: It is conditional in the loan that the quantity of the property, its type and the period of the loan is known. Likewise, (It is conditional that) the lender (Muqridh) and the borrower (Mustaqridh) both be mature (Baaligh) and sane ('Aaqil) and that they not be dimwitted nor restricted from disbursing their properties. (Also it is conditional) that they engage in this act willingly and voluntarily not due to coercion, compulsion nor jest. Issue 771: When both (the lender and borrower) have specified a time period for the loan, it is not permissible for the lender to seek his property before the arrival of the time of this period. As for when a time period had not been specified in the repayment of the loan, it is permitted for the lender to seek his property at whatever time he desires. Issue 772: When a loan was deferred for a period and the desire of the debtor is to pay his debt before the arrival of the due date, it is not obligatory upon the lender to accept that. However, when the period is specified as a provisional period with the borrower, if he desires to pay back his debt whenever he desires it is obligatory upon the lender to accept p: 232 

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that. Issue 773: When the lender demands his property at the expiration of the period in which he has the right to seek his property, it is obligatory upon the borrower to promptly pay his debt immediately. To delay (in repaying the loan) is a sin and disobedience. However, when the debtor does not own anything except the house in which he lives and the furnishings of the house and whatever he requires in his (day to day) life, it is obligatory upon the lender to wait and grant a delay. It is not permitted that he compel the debtor to sell the necessities which he has need for. However, it is obligatory upon the debtor the he strive in the payment of his loan and obtain it in the way of earning and labor which can repay this right for him. Issue 774: When (locating) the lender is impossible and there is no hope in contacting him, according to obligatory precaution, the amount obligatory upon him should be given in charity (Sadaqah) to the poor without any distinction between Sayyid and non-Sayyid and it should be given with the permission of the Religious Authority. Issue 775: When the estate of a deceased is limited except for the obligatory amount for his shroud (Kafan) , burial and his debts, it is obligatory that his estate be utilized in those matters and nothing from it is given to the inheritors. Issue 776: When a sum of gold and silver minted with the signet of currency is p: 233 

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loaned or (gold and silver of another kind) , then, its value drops or rises, it is obligatory to pay the amount which was taken, the same if its value rises or falls. Issue 777: When a term comes to an end and the thing that was taken (as a loan) exists and the lender demands its return (meaning the same thing lent out) , it is not obligatory to return it itself, although the recommended precaution is to give it (that very thing) itself. Issue 778: When the lender makes it conditional that he will receive more than that what he gave, it is interest (Ribaa) and forbidden whether it be in volume, weight or number. Even, if (the lender) makes it conditional that he performs a particular action or he adds a commodity at the time he repays. Or he loans a quantity of non-minted gold and makes the condition that he return that same quantity of gold but fashioned into jewelry, each of these are (instances of) interest and forbidden. However, there is nothing that prevents paying the loan itself along with giving an addition without it being conditional. Rather, this action is recommended and affirmed. Issue 779: Paying interest is like receiving it, forbidden. He who takes a loan with interest does not take possession of it and it is not allowed for the borrower to utilize it. However, when it was such that the owner of the property agrees that the borrower utilized the property, as long and unless interest is p: 234 

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not made a condition, it is permitted for the borrower in this situation that he can utilize that property Issue 780: It is permissible for people to give an amount to someone in another city and then receive in exchange for that, a lesser amount from the other party. This is called Hawaalah and it similar to a person who waives his rights for something which is his right. As for when a sum of money is given so that more will be received after a month in another city, for example, one hundred dollars is given to receive one hundred and ten dollars after a month, it is interest and forbidden. Issue 781: When a debtor dies, it is obligatory to pay all of the debt obligatory upon him without waiting for the time period (to expire). It is permissible for the lenders to seek their debt. 

Page234-A Summary of Rulings

The Rules of Securities (Rahn) Issue 782: A security (Rahn) is that the debtor agrees with the lender to place something of his property with the lender so that if the borrower does not pay the debt at the established time, the lender can take his right from this property (which is also called a voucher). Issue 783: It is permissible to execute a contract of security by a verbal Seeghah, like the borrower saying: I am depositing this thing with you in place of the debt upon me. And the lender says: I agree. Or this matter is established by action in that the borrower places his property p: 235 

Page235-A Summary of Rulings

with the lender with the intention of a security, and the lender takes possession of it with this intention. Issue 784: It is conditional for the one taking the security (Raahin) and the one giving the security (Murtahin) that they both be mature (Baaligh) , sane ('Aaqil) , not compelled, nor dimwitted nor restricted in that they are prevented from disbursing their properties by the Religious Authority (Al-Haakim Ash-Shar'). Issue 785: It is only permissible to give as a security the thing whose disbursement is permitted legally. Then, it is not permissible to give the property of another as a security except with the permission of its owner. When the owner of the thing says to the lender: I'm giving this thing as a security for the debt of so and so, and the lender accepts that, it is proper. Issue 786: It is obligatory that the security (the thing given to the lender from the borrower) be something capable of being sold or purchased legally. Therefore, it is not proper to put wine or instruments of gambling and similar things as a security. Issue 787: The benefit of the security and its increase, like the milk of an animal given as a security and fruit from the tree given as a security, it is returned to the owner of the security. Issue 788: The obligatory precaution is that the security agreement is not realized without the surrender of the security to the lender. However, when the surrender is accomplished by giving the official deed of a p: 236 

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house to the lender and it is surrendered to him whereas he is able to fulfill his right at the time of the borrower's failure to repay his debt by selling the house. There is no objection in it. Nothing prevents that the owner of the house can remain as a resident in the house after realizing the (transfer) of the security. Issue 789: The usage which is incompatible with a security is not allowed. According to this, it is not allowed for the lender nor the borrower to give away something given as a security to anyone or to sell it without the permission of the other side. However, when one of them has given that particular thing away or has sold it and, then, afterward the other side gave permission, there is no objection in it. The precaution is that neither one of them utilize the thing given as a security without requesting the permission of the other side and even when there is no pressure on the security. Issue 790: When the lender sells the security by seeking the permission of the borrower and (the borrower) gives permission, the security (agreement) is invalidated. Its price (received in the sale) is not a security except that the permission for the sale is conditional that the price (received) be a security also. Issue 791: When it is impossible for the borrower to repay his debt in the established time forcing the lender to seek it, it is permissible for the lender to p: 237 

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sell something given as a security and pay his debt from its price and return the rest to the borrower. If it is possible (to have a religious Judge) , then, the recommended precaution is that (the lender) seek his permission for this action. Issue 792: When the borrower does not repay his debt and he does not have property except the house in which he resides and the necessities which he requires in his day to day life, like carpets and things similar to that, it is not allowed for the lender to seek his debt, rather, it is obligatory for him to grant a delay (in its payment) and give a deferment. However, when the thing which was given as a security it was the house and the necessities of the house, it is permitted for the lender to sell it and recover his debt from is price (of sale). Issue 793: A custom is practiced among people that a person gives another person owning a house an amount of property under the title of a loan. The owner of the house gives his house for the use of the owner of the sum (given to the house's owner) as security with the condition that he pay back a smaller sum, like an uncommon (type of) renting or he does not pay back any sum. This house is called a security and this transaction is interest related and forbidden. The proper method is that one can rent his house for a very p: 238 

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small amount, puts a condition for the renter that he shall lend him a certain amount of money and he puts the house itself as a security in exchange for that amount. In this situation the transaction is interest free and proper. 

Page239-A Summary of Rulings

The Rules in Matrimony and Marriage 

point Issue 794: Matrimony is one of the recommended acts. When one fears that he will fall into committing the unlawful due to his abstinence from marriage, marriage is obligatory for him. Issue 795: The man and woman become lawful for one another by means of the matrimonial contract. (The matrimonial contract) is of two types: Permanent marriage and temporary marriage. The woman married with the permanent matrimonial contract is called Daa’imah. Temporary marriage is that a woman is married for a specific period, be it short or long. It is called Mut'ah marriage by virtue of the terminology of the Qur’an. Temporary Marriage has the same rules as permanent marriage with respect to the 'Iddah after divorce and other rules. Issue 796: A verbal Seeghah is conditional in the matrimonial contract, whether it be permanent or temporary and mere agreement of the two sides (of the contract) is not sufficient. It is permissible for the two sides or their representatives to perform the Seeghah of matrimony. Issue 797: The representation of a man by a woman and the representation of a woman by a man is proper for the purpose of executing the Seeghah of matrimony. Issue 798: When a woman or a man authorizes a person to perform the Seeghah of p: 239 

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matrimony as a representative of them, they will not become lawful for one another as long as they are not certain that the representative (Wakeel) has performed the Seeghah of matrimony. However, when the representative is a case of reliability and he says: I performed the Seeghah, it is sufficient. 

Page239-A Summary of Rulings

The Method of Performing the Seeghah of Permanent and Temporary Marriage Issue 799: It suffices for the Seeghah of permanent marriage if the woman says: ﺯَﻭَّﺟْﺖُ ﻧَﻔْﺴِﻰ ﻋَﻠﻰ ﺍﻟﺼﱠﱠﺪﺍﻕِ ﺍﻟﻤَﻌﻠﻮﻡِ I marry myself to you for the agreed upon dowry And the man says afterward: ﻗَﺒﻠﺖُ ﺍﻟﺘﱠﱠﺰْﻭِﻳﺞَ I accept the marriage If they authorize a representative for the matrimony, then, it would be sufficient that the representative of the woman says: ﺯَﻭﱠﱠﺟْﺖُ ﻣُﻮَﻛﱢﱢﻠَﻚَ ﺍَﺣْﻤَﺪَ، ﻣُﻮَﻛﱢﱢﻠَﺘِﻲ ﻋَﻠَﻰ ﺍﻟﺼﱢﱢﺪﺍﻕِ ﺍﻟﻤَﻌْﻠُﻮﻡِ I marry the woman I represent to the man you represent for the agreed upon dowry And the representative of the man says: ﻗَﺒﻠﺖُ ﻟِﻤُﻮﻛﱠﱠﻠﻲ ﺍﻟﺘﱠﱠﺰْﻭِﻳﺞَ I accept the marriage on behalf of the man I represent for the agreed upon dowry. It suffices in temporary marriage if the woman says, after specifying the duration (of the marriage agreement) and the dowry: ﺯَﻭﱠﱠﺟْﺘُﻚَ ﻧَﻔْﺴِﻲ ﻓِﻲ ﺍﻟﻤُﺪﱠﱠﺓِ ﺍﻟﻤَﻌْﻠُﻮﻣَﺔِ ﻋَﻠَﻰ ﺍﻟﻤَﻬْﺮِ ﺍﻟﻤَﻌْﻠُﻮﻡِ I marry myself to you for the agreed upon time period for the agreed upon dowry. And the man says: ﻗَﺒﻠﺖُ ﺍﻟﺘﱠﱠﺰْﻭِﻳﺞَ I accept the marriage Or the representative of a woman says: ﺯَﻭﱠﱠﺟْﺖُ ﻣُﻮَﻛﱢﱢﻠَﺘِﻲ ﻣُﻮَﻛﱢﱢﻠَﻚَ ﻓِﻲ ﺍﻟﻤُﺪﱠﱠﺓِ ﺍﻟﻤَﻌْﻠُﻮﻣَﺔِ ﻋَﻠَﻰ ﺍﻟﻤَﻬْﺮِ ﺍﻟﻤَﻌْﻠُﻮﻡِ I marry the woman I represent to the man you represent for the agreed upon time for the agreed upon dowry And the representative of the man says: ﻗَﺒﻠﺖُ ﻟِﻤُﻮﻛﱠﱠﻠﻲ ﺍﻟﺘﱠﱠﺰْﻭِﻳﺞَ I accept the marriage for the man I represent 

-A Summary of Rulings

Conditions of The Matrimonial Contract Issue 800: Some matters are conditional p: 240 

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in the matrimonial contract ('Aqd An-Nikaah): 1) The precaution is to perform the Seeghah of marriage in proper 'Arabic. When the two sides are not able to perform the Seeghah in 'Arabic, they can perform it in their language. It is not obligatory to appoint anyone to perform the Seeghah in the 'Arabic language (although, it is better). However, it is obligatory to perform the Seeghah with words which convey the same meaning understood from the 'Arabic Seeghah. 2) It is obligatory upon whomever performs the Seeghah o f marriage that they intend Inshaa’, meaning that they intend to establish a marital bond between the man and woman by reciting these words (of the Seeghah) , then, the woman makes herself a wife for the man with these words and the man accepts this meaning. Likewise, it is obligatory for the representative to have in the intention of Inshaa’ as well. 3) Sanity and maturity (Buloogh) is conditional for whoever performs the Seeghah, according to precaution. 4) It is obligatory upon the guardian (Waliy) or representative (Wakeel) that they specify the man and woman at the time of performing the Seeghah of the contract. According to this, when a man has a number of daughters it is not proper that he says: I am marrying one of my daughters to you. 5) It is a condition that the man and the woman are agreed to the marriage voluntarily. However, when one of the two was apparently not agreed but we know of their agreement in their p: 241 

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heart, their marriage is proper, in the reverse situation, their marriage is not proper. 6) It is obligatory that the performance of the Seeghah of the marriage contract be done in a proper manner. When it is performed in an incorrect manner such that it changes its meaning, the contract is invalid. There is no objection when its meaning has not been altered. It is permissible to appoint one representative for both spouses. Issue 801: He who does not know the rules of the 'Arabic language but he knows how to articulate the words of the contract in a proper manner and is aware of its meaning also, the contract is proper. Issue 802: When a woman is married to a man without her permission, then, she agrees to that afterward and gives permission for the marriage, the contract and the marriage is proper. Issue 803: The precaution is permission for the marriage of a mature, sensible young woman marrying herself with the permission of her father and paternal grandfather, if she is a virgin. However, when she finds an appropriate mate for herself and her father disapproves, his permission is not conditional. It is likewise when a young girl cannot access her father or paternal grandfather and she needs to get married. If she is not a virgin, the permission of her father or grandfather is not conditional in the new marriage. 

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Defects For Which it is Permissible to invalidate The Contract Issue 804: When a man comes to know, after the contract (is executed) , that the woman is afflicted with one of the p: 242 

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following defects, it is permissible for him to invalidate the marriage contract: • Insanity (Junoon-With the condition that it occurred before the contract). • Leprosy (Juzaam) • Psoriasis (Baras) • Blindness ('Ama) • Lameness ('Araj-If it is apparent) • Rupture (meaning the passageway of menstruation and urine or the passageway of menstruation and stool are one in a general breach which makes it unsuitable for sexual satisfaction). • The existence of flesh or a bone or gland in the vagina such that it prevents sexual intercourse. Issue 805: It is permissible for the woman to invalidate the marriage contract due to the following matters: • Insanity of the husband (Junoon) • Absence of the instrument of virility (i. e. the sexual organ) • Impotency • That the man is castrated (Mukhasiy-the details of this issue and the previous issue are reserved for detailed jurisprudence books) Issue 806: When a man or woman invalidates a contract due to one of the above mentioned defects, there is no need of divorce, rather, the invalidation (Faskh) is sufficient. Issue 807: When a woman invalidates the contract due to inability of the man to engage in sexual intercourse with her, it is obligatory for the man to pay half of the dowry (Mahr) to her. If the woman or man invalidates the contract due to one of the other aforementioned defects, when no intercourse has occurred between them, nothing is obligatory upon the man. As for when sexual intercourse had occurred, then, the obligatory precaution is that he gives the dowry, all of it. 

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Women With Whom it is Forbidden to Marry Issue 808: The marriage of a p: 243 

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man with his close relative (Mahram) is forbidden. The close relatives (Mahram) are: the mother, the daughter, the sister, the paternal aunt, the maternal aunt, the niece (daughter of the brother and daughter of the sister) , the wife of the father (meaning stepmother) , the daughter of the wife and the mother of the wife. (The explanation of these matters is forthcoming in the next issues) Issue 809: When a man marries a woman, although he has not had sexual intercourse with her, her mother and the mother of her mother and the mother of her father (and so forth) becomes a close relative (Mahram) of that man, although they are ascending (in the family tree). However, the daughters of the wife are not forbidden nor the grand daughters of this woman, from her sons or her daughters except when he had intercourse with the wife. Issue 810: The paternal aunt of the father and his maternal aunt, the maternal aunt of the grandfather and his maternal aunt; the paternal aunt of the mother and the maternal aunt and the paternal aunt of the grandmother and her maternal aunt, although they ascend (the family tree) are close relatives (Mahram). Issue 811: The father of the husband and his father, although they ascend (the family tree) ; the son (of the husband) and the son of the daughter of the husband, although the descend (the family tree) are close relatives in relation to the woman whether born before the marriage contract or after the contract. Issue 812: p: 244 

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When a man marries a woman, it is not permitted that he marry her sister as long as the wife (her sister) is in his net of marriage whether it be permanent or temporary marriage. It is not allowed to marry the sister of his wife even after the divorce of the wife as long as she is in seclusion ('Iddah) , in the revocable divorce (At-Tallaaq Ar-Raj'i, its explanation is forthcoming in the book of divorce). The recommended precaution is not to marry the sister of the wife even during the seclusion ('Iddah) of the irrevocable divorce whose explanation is coming afterward. Likewise (is the situation) in the seclusion ('Iddah) of a temporary marriage (Mut'ah) , be it after the completion of the time period (of the contract) or after forgiving of the remainder of the time period. Issue 813: It is not permissible for a man to marry the daughters of the sister of the wife (i. e. his wife's nieces) or the daughters of her brother without the permission of the wife. However, if he marries (one of these women) without the permission of the wife, then, the wife approves, the contract and the marriage is proper. Issue 814: It is not allowed for a Muslim woman to marry a non-Muslim man. Also, it is not permitted for a Muslim man to marry a non-Muslim woman according to precaution. However, marriage in temporary marriage is permitted with the women from the People of the Scriptures (Ahlul-Kitaab) , like the Christians and Jews. Issue 815: When p: 245 

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a man fornicates with a married woman (God forbid) , she becomes forbidden for him permanently, meaning if her husband divorces her, it is not permitted that the fornicator marry her after her seclusion ('Iddah) of divorce. Issue 816: When a man fornicates with a woman and she is in the seclusion ('Iddah) of another (man's divorce) , she will become forbidden for him whether the divorce is revocable (Raji') or irrevocable (Baa’in) according to obligatory precaution and, likewise, is the seclusion ('Iddah) of temporary marriage. Issue 817: When a man fornicates with an unmarried woman nor (a woman) in her seclusion ('Iddah) , it is permissible for him to marry her afterward. However, the recommended precaution is that he waits until she menstruates and then he marries her. Issue 818: If a man marries a woman and she is in the seclusion ('Iddah) of another (man's divorce) , if both sides or one side knows that the woman is in seclusion and also knows that the marriage in the seclusion is prohibited, this woman becomes forbidden permanently for the man whether he had intercourse with her or not. However, when neither one of the two know that the woman is in her seclusion or they do not know that to marry a woman in her seclusion is forbidden, the woman will become forbidden for him only if he had intercourse with her and she will not become forbidden if he did not have intercourse with her. Issue 819: The mother of a sodomized male and his sister and p: 246 

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his daughters are forbidden for the one committing the sodomy (i. e. the homosexual act) whether the sodomized person is mature (Baaligh) or immature. However, when the person committing the sodomy is immature, they do not become forbidden for him. Likewise is the situation when there was doubt as to whether there was penetration (during the homosexual act) or not. Issue 820: When someone is married to the mother of someone or his sister or his daughter, then, after the marriage he commits sodomy with that person, she (meaning the wife) does not become forbidden for him although he has committed a major sin. Issue 821: When a woman is divorced three times she becomes forbidden for her husband. However, when she marries another man fulfilling the conditions in the Book of Divorce, then, her second husband divorces her, it is permissible to marry the first husband a second time. 

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Rules of Permanent Marriage Issue 822: It is not permissible for a woman married in permanent marriage to leave the house or select an occupation or employment outside of the house without her husband's permission whether his agreement is verbal or his agreement is known in context. Just as it is not permitted that she prevent him for sexual intercourse without a legal excuse. It is obligatory upon the husband also that he provide food, clothing, residence and the necessities of life for his wife according to the common (standard). Even the expenses of the doctor, medicine and things similar to that. When he does not provide that, then, p: 247 

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the precaution is that he becomes indebted to her for that whether he be able or unable (to provide it). Issue 823: It is not obligatory upon the woman that she perform household services, prepare food and clean and things similar to that in the house except by her desire. If the husband forces her to do that, it is permissible that she can take compensation from him in exchange for that (work). Issue 824: It is not obligatory to specify the dowry (Mahr) in permanent marriage and the contract is proper without it. However, after the husband has intercourse with her, it is obligatory that he give her a dowry in accordance with women of her stature (Mahr Mithl). Issue 825: When a time period was not specified for paying the dowry, it is the right of the woman to seek her dowry immediately. Rather, it is permitted that she prevent her husband from intercourse with her before taking possession of her dowry, whether her husband is able to pay the dowry or not, except that his lack of ability (to give the dowry was evident) from the beginning an indication that the dowry was initially in his liability and not a cash situation. 

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