Summary of Rulings chapter3

Summary of Rulings

Chapter3

Temporary Marriage (Mut’ah) Issue 826: In temporary marriage it is obligatory to specify the period (of the marriage) and the amount of the dowry, without that the marriage is invalid. Issue 827: Temporary marriage is permissible although it not be for enjoyment and pleasure. Rather, with the intention that it will make a p: 248

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person lawful for one of the relatives of the daughter with the condition that the daughter who is married with the temporary marriage is in the age acceptable for enjoyment and pleasure. For example, when she is a minor, it is obligatory to make the period long so that it includes the interval of her preparation for that (although the period be granted after the marriage) Issue 828: It is permissible for a woman to stipulate in the temporary marriage that her husband will not have intercourse with her, rather, that he be content with other (types of) pleasure besides intercourse. However, there is no objection if she agrees (to intercourse) after that. Issue 829: There is no right of maintenance for the temporary wife even though she becomes pregnant from (her temporary husband). There is no inheritance from the husband and the husband does not inherit from her. Likewise, there is no obligatory conjugal rights for her. Issue 830: It is permissible for the temporary wife to leave the house without the permission of her husband or to select for herself employment outside of the house, except that when her leaving the house forsakes the right of her husband. Issue 831: It is permissible for the father and grandfather, in order to become a close relative (Mahram) to a woman that they marry her to their immature son (with the condition that the period of the marriage is so long that it includes the interval in which the child will become capable of p: 249

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sexual enjoyment. Likewise, it is permissible that (a man) marry his immature daughter to a person in order that he become a close relative (Mahram) to his family (with the same condition which has passed in the instance of the son). It is obligatory in both situations, according to obligatory precaution, that the contract has benefit and advantage for both sides and that it be devoid of corruption. Issue 832: It is permissible for a man that he grants the period of the temporary marriage (to his wife) and terminate it. In this situation, if he had intercourse with her, it is obligatory that he pay the entire dowry and if he had not had intercourse with her, he give her one half of the dowry. Issue 833: It is permissible for a man to marry himself permanently to the wife whom he married temporarily, however, it is obligatory to first grant to her the remainder of the period (of the temporary marriage) , then, he can marry her in a permanent marriage anew. Issue 834: There is a period of seclusion ('Iddah) for the temporary wife after the termination of the period (of the marriage) with the explanation which will come in the Book of Divorce. The children born from this marriage have all the rights established for children who are born from permanent marriage. They inherit from their mothers and their fathers and their relatives although the two spouses (in the temporary marriage) do not inherit from one another.

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The Rules of Viewing (Nazar) Issue 835: For a man p: 250

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viewing the body of the unrelated (Ajnabi) woman is forbidden whether it be with the intention of lust or without this intention. Likewise, it is forbidden for a woman to look at the body of an unrelated man. However, there is no objection in looking at the face of an unrelated woman and her hands up to the wrist when there is no intention of lust nor going to corruption and sin. Likewise, there is not objection in a woman looking to the extent which is customary without covering of the body of the unrelated man, like the head, face, knees and something of his hands or feet. Issue 836: It is permitted (for a man) to look at the immature girl when there is no intention of lust and he does not fear falling into anything unlawful by looking at her. However, it is obligatory, according to obligatory precaution, not to look at her thighs and stomach which she customarily covers. Issue 837: It is obligatory that a woman cover her body and her hair from (the view of) unrelated men. The recommended precaution is that she cover before the immature boy who can distinguish between good and bad and right and wrong, who is at the stage that his viewing can be lustful. However, it is not obligatory to cover the face and the hands up to the wrist. Issue 838: It is forbidden to look at the private parts of another, although it be in the mirror or in clear water p: 251

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and things similar to that, whether it be a close relative (Mahram) or a unrelated person, whether the one viewed is male or female. The obligatory precaution is not to look at the private parts of an immature discerning child. However, it is permitted for two mates (i. e. husband and wife) to look at the entire body of the other. Issue 839: It is allowed for the close relatives (Mahram) of a man and woman, like brothers and sisters to look at each other to the customary extent in their seeing the body of the other. The precaution is not to look at what is besides that. Issue 840 It is not permitted for a man to look at the body of another man with lust and it is also forbidden for a woman to look at the body of another woman with the intention of lust. Issue 841: It is not forbidden for the unrelated man to photograph the unrelated woman, except when it is necessary to look at her body besides the face and hands. Issue 842: When a woman wears a legal covering (Hijaab) , it is objectionable to look at her face without the covering, except that he does not recognize her and there is no other fear of corruption in looking. Issue 843: When the male nurse or male doctor is compelled to touch the body of the female patient or the female nurse or female doctor is compelled to touch the body of the male patient, it is obligatory upon p: 252

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them to wear gloves and whatever is similar to gloves. However, there is no objection in the state of compulsion. Issue 844: It is permissible for the doctor to look at the unrelated woman for treatment in the situation of necessity. Issue 845: It suffices in covering (Hijaab) that the woman covers her body besides the face and hands up to the wrist by any means possible. A specific and particular clothing is not conditional. However, it is objectionable to cover with tight clothing and clothing clinging to the body. Likewise, are the clothing used for decoration. Issue 846: It is permissible for an unrelated man to look at the woman that he intends to marry in order to inspect her beauty or defects. Rather, even when he did not obtain the intended aim with one look, it is permissible for him to repeat the viewing in a number of sittings. Issue 847: It is permissible to listen to the voice of an unrelated woman when there is no intention of lust and it does not lead to falling into sin. However, it is obligatory that the woman not make her voice so that it brings about infatuation and incites desire. Issue 848: It is permissible to look at an unrelated woman in order to identify her at the time of indicating (someone) when a witness in (legal) decisions and important matters which are similar to that.

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Miscellaneous issues of Marriage Issue 849: When it was conditional in the contract that the woman whom is to be married is a p: 253

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virgin, then, it becomes clear that she is not a virgin, it is permissible for (the man) to invalidate the marriage. Issue 850: The obligatory precaution is that the unrelated man and woman not find themselves in a place where there is no one other than them or it is not possible for others to enter upon them. If they pray there, there is an objection to their prayer. Issue 851: When the intention of a man from the onset was not to pay the dowry to his wife, the contract is proper and it is obligatory upon him to pay the dowry to her. Issue 852: When a Muslim whose parents or one of his parents were Muslim, apostates, meaning that he rejects the existence of Allah or the Prophethood of the Messenger of Allah, peace be upon him and his family, or he rejects one of the imperative beliefs (Dharooriyaat) , like the obligation of prayer or fasting whereas its meaning is to reject the existence of Allah or the Prophethood of the Messenger of Allah, peace be upon him and his family, his marriage is invalidated. It is obligatory upon his wife that she withdraw from him and observe the seclusion ('Iddah) of a deceased husband (i. e. four months and ten days). It is permissible for her after the seclusion ('Iddah) to marry another man. When she was menopausal or he had never had intercourse with her, there is no need for the seclusion. Issue 853: When, as part of the contract, p: 254

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the woman makes it conditional that her husband not take her out of so and so city, it is not permitted for her husband to remove her from that city without her consent. Issue 854: He who marries his son to a girl, it is permissible for him to marry her mother. Likewise it is when he married her mother first, then, married his son to that daughter. Issue 855: When a woman becomes pregnant in an illegal manner, it is not permitted that she abort her pregnancy intentionally. The child is deemed hers and is a close relative (Mahram) for her, only she does not inherit from him. Issue 856: When a woman is certain that her husband has died while traveling and she observed the seclusion ('Iddah) of death (whose mention will come in the rules of divorce) , then, she re-married, then, her first husband returned from the journey. It is obligatory for her to separate from the second husband immediately and she is lawful for her first husband and there is no need for seclusion ('Iddah) when the second husband had not had intercourse with her. However, when the second husband had intercourse with her, it is obligatory that she observe seclusion ('Iddah). According to obligatory precaution, the second husband must pay her the dowry agreed upon between them. When the standard dowry (Mahr Mithl) is more that the named dowry, he must pay the standard dowry.

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The Rules of Breastfeeding

point Issue 857: When a woman breast feeds a male child with the p: 255

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conditions whose explanation is upcoming in the attached issues, she will become in the ruling of the child's mother and the owner of the milk (meaning the man who caused the pregnancy from which the milk issues) will be in the ruling of the child's father; his father will be in the ruling of the child's grandfather; his mother in the ruling of the child's grandmother; his sister will be in the ruling of his maternal aunt; his children will be in the ruling of his brothers and sisters; the brother of his mother will be in the ruling of his maternal uncle and his sister will be in the ruling of his maternal aunt. Likewise, with relation to the female child, when a woman breast feeds her, it becomes forbidden for the husband of the breast feeding woman (to marry, with the condition that her husband already had intercourse with the wife). As such, it is not permitted for people to marry the mother of his wife by breast feeding because she is in the ruling of his real mother. With another expression, when a woman breast feeds a child with the conditions which will be mentioned in the attached issues, that child will become a close relative (Mahram) for the following: 1) That same woman who breast fed him, she is called the mother by breast feeding. 2) The husband of that woman, he is called the father by breast feeding. 3) The parents of that woman, although they are ascending (the p: 256

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family tree) and even her parents by breast feeding. 4) The existing children of that woman or those who will be born. 5) The children of the children of that woman although they descend (the family tree) whether they exist or will be born afterward. 6) The brothers and sisters of that woman, although they might be (brothers and sisters) from breast feeding. 7) The paternal aunts and uncles, although they might be (paternal aunts and uncles) from breast feeding. 8) The maternal aunts and uncles, although they might be (maternal aunts and uncles) from breast feeding. 9) The children of the husband of that woman who is the owner of the milk, although they descend (the family tree) and although they might be (his children) from breast feeding. 10) The parents of the husband of that woman who is the owner of the milk, although they be (his parents) by breast feeding. 11) The brothers and sisters of the husband of that woman who is the owner of the milk, although they be (brothers and sisters) by breast feeding. 12) The paternal aunts and uncles and the maternal aunts and uncles of the husband of that woman whom he is the owner of milk, although they ascend (the family tree) and though they be (is uncle or aunt) by breast feeding. Likewise, there is another group whose mention will be forthcoming in the attached issues. They will all become a close relative (Mahram) to the child who that woman had breast fed by reason of breast feeding. Issue 858: When p: 257

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a woman breast feeds a child with the conditions whose explanation is upcoming, it is not permissible for the parents of that child to marry the children who are born from that woman. Likewise, according to obligatory precaution, it is not permissible for them to marry the children of her husband who is the owner of her milk. Rather, the precaution is that they not marry with his children by breast feeding. However, there is no objection nor anything preventing them from marrying the children by breast feeding of that woman from another husband. Issue 859: It is not allowed for a woman to breast feed the child of her daughter with a complete breast feeding because she would become forbidden for her husband by that. And it could become a cause of a great scandal. It is likewise when she breast feeds a child for her husband's children by another wife. However, there is not preventing her from breast feeding the son of her son.

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The Conditions of the Prohibiting Breastfeeding Issue 860: When a woman breast feeds a child, the breast fed child becomes a close relative (Mahram) with nine conditions, they are: 1) That the milk be from childbirth. Due to this, when milk is taken from the breast of a woman without the birth of a child, then, she breast feeds a child, the breast fed child does not become a close relative. 2) That the breast feeding of the child be from a living woman. When the breast of a deceased woman is placed in p: 258

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the mouth of a child and he suckles milk from, the breast fed child does not become a close relative. 3) That the milk (not result from) an unlawful (relationship). When a child is breast fed from the milk of a woman connected to child born from fornication, it does bring about a close relationship. 4) That the milk be suckled from the breast, however, the obligatory precaution is that there be no marriage with that woman and her close relatives, although the milk is poured into the mouth of the child. 5) That the milk not be mixed with something else. 6) That the milk be from one husband. According to this, when the woman in whose breast there is milk is divorced, then, another man marries her, then, she becomes pregnant from him and milk remains in her breast from the first husband until the time of delivery and the child had been nursed, for example, with eight breast feedings from her milk from the first husband and seven breast feedings from the milk of her second husband, this child will not become forbidden for anyone. Likewise, when a woman breast feeds a child from the milk of her first husband in a complete fashion, then, she breast feeds another child from the milk of the second husband, the first child does not become a close relative of the second child. 7) That the child does not vomit the milk which it has drank due to illness. However, the obligatory precaution is that p: 259

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those who become a close relative with that child by reason of his breast feeding avoid marriage to him and that they also not view him with the view a close relative (Mahram) views (another) close relative. 8) That the child be breast fed fifteen feedings or be breast fed one complete day and night or be breast fed in the amount that it can be said that its bones has been strengthened (from the breast feeding) and his flesh has grown from that milk. The recommended precaution is that when the child was fed with fifteen breast feedings, that those who become close relatives (Mahram) by means of breast feeding not marry him and also not view him with the view that a close relative views (another) close relative. 9) That the child be within the first two years. Then, when a child is breast fed beyond the two years of his life, he does not become a close relative of anyone. Rather, even when he was breast fed fourteen feedings before the termination of the two years and breast fed after the conclusion of the two years, he does not become a close relative of anyone. However, when two years have passed since the birth of a child for woman and milk remains and, then, she breast feeds a child. The obligatory precaution is that (the child) not marry with woman who become a close relative to him by reason of breast feeding and that he also not look at them p: 260

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with the view (allowed for one) close for (another) close relative.

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The Rules of Divorce

point Issue 861: It is conditional that the man who divorces his wife be sane and the obligatory precaution is that he be mature (Baaligh) and that his divorce be of his own volition without compulsion. Thus, the forced divorce is invalid. (It is conditional) that his intention be serious also. According to this, then, it is not proper to utter the Seeghah of divorce in jest. Issue 862: It is obligatory, according to obligatory precaution, that the Seeghah of divorce be performed in correct 'Arabic and it is obligatory that two just men hear it. When the husband himself desires to divorce, he states the Seeghah of divorce and mentions the name of his wife, for example he says: ﺯَﻭْﺟِﺘﻲ ﻓَﺎﻃِﻤَﺔُ ﻃَﺎﻟﻖُ My wife Fatimah is divorced When he appoints a person (to perform the divorce as his representative) , it is obligatory that the representative (Wakeel) say: ﺯَﻭْﺟَﺘﺔُ ﻣُﻮُﻛّﻠﻲ ﻃَﺎﻟﻖُ The wife of the person I represent is divorced Issue 863: It is conditional that the woman at the time of her divorce be free of menstruation and afterbirth bleeding and her husband has not had intercourse with her in that period of purity (i. e. , when she is free of bleeding). If he had intercourse with her in the state of menstruation or afterbirth bleeding which has preceded this period of purity, the divorce is not sufficient according to precaution. Rather, it is obligatory that he wait until she menstruates another time, then, becomes pure p: 261

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(the explanation of these two conditions is forthcoming in the upcoming issue). Issue 864: It is proper to divorce the wife in the state of menstruation and afterbirth bleeding in three situations: 1) When her husband has not had intercourse with her after marriage, without exception. 2) When she is pregnant. 3) When the woman is absent and it is not possible for the man or it is difficult for him to be aware of the state of purity of his wife. Issue 865: When he imagined the purity of his wife from menstruation and divorced her, then, he became aware that at the time of the divorce she was in the state of menstruation, his divorce is invalid. In the reverse of that, when he imagined that she was in the state of menstruation and he divorced her with that, then, it became clear that she was pure in that time, the divorce is proper. Issue 866: When (a man) knows that his wife is in the state of menstruation or afterbirth bleeding, then, he leaves or he travels or he desires to divorce her and it is not possible for him to become aware of her state, it is obligatory that he wait for a period of time wherein she usually becomes pure for menstruation or afterbirth bleeding, then, if he wants, he can divorce her. Issue 867: When a man has intercourse with his wife, then, he desires to divorce her, it is obligatory that he wait until she menstruates, then, becomes pure. However, p: 262

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when she is pregnant, it is permissible that he divorce her after having intercourse with her without delay. Likewise, is the menopausal woman (Yaa’isah) , meaning she who is more than fifty years old. Issue 868: When a man has intercourse with his wife who was pure from menstruation and afterbirth bleeding, then, he travels and he does not possess the means to know her state, then, if he desires to divorce her, the obligatory precaution is that he awaits the minimum of one month, then, divorce her. Issue 869: The woman who does not menstruate due to an illness or some other reason, when the man desires to divorce her, it is obligatory that he allow a period of three months to pass from (the time of) his intercourse with her avoiding intercourse with her in this period. Then, he can divorce her after that, if he wants. Issue 870: There is no divorce for the temporary wife, rather, the temporary wife emerges from this marriage when the established period concludes or he grants her the remainder of the period (of the temporary marriage). Her purity from the month custom is not conditional and, likewise, there is no need to call upon witnesses.

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The Seclusion (‘Iddah) of Divorce Issue 871: It is obligatory for the divorced woman to seclude herself (in 'Iddah) except when her husband had never had intercourse with her or he divorced her before she reached nine years of age or she was menopausal (meaning she is more than fifty years of age). In these three p: 263

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situations, it is permissible for her to marry another after her divorce directly. Issue 872: The precaution in the period of seclusion ('Iddah) with relation to the woman who menstruates is that she wait for the amount of time in which she menstruates two times and becomes pure. Then, after she menstruates a third time, her seclusion concludes. Issue 873: It is obligatory upon the woman who does not see a monthly custom when she is of the usual age of menstruation, that her husband divorce her after intercourse with the preceding conditions, that she observe a period of seclusion ('Iddah) for three months after the divorce. The intention of three months is when she was divorced in the beginning of the lunar month that she waits for three complete lunar months from that time. When she was divorced on the fifth of the lunar month, for example, she waits until the fifth day of the fourth lunar month so that her seclusion concludes on that day. Issue 874: The termination of the seclusion of the pregnant divorced woman is the birth of her child or its miscarriage, although the child be born an hour after the divorce. Then, she can marry after that without delay. Issue 875: The beginning of the seclusion ('Iddah) of the temporary marriage is after the completion of the established period (of marriage) , when she menstruates, in the amount of two complete menstrual cycles. When she does not menstruate, it is forty five days. Issue 876: The beginning point of p: 264

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the seclusion of divorce is the moment in which the Seeghah of divorce is executed whether the divorced woman knows of that or does not know. Even when she comes to know after the seclusion ('Iddah) that she had already been divorced before, it is not obligatory upon her to observe a second seclusion.

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The Seclusion of a Woman whose Husband has Died Issue 877: It is obligatory upon the woman whose husband has died to observe seclusion for four months and ten days whether the marriage is permanent or temporary, whether he had intercourse with her or had no intercourse with her. Even the menopausal woman is obligated to observe the seclusion of the deceased. When the woman is pregnant, it is obligatory that she wait until she delivers her child. When she delivers before the conclusion of four months and ten days, it is obligatory that she observe the remainder of the period which completes the four months and ten days. Issue 878: It is obligatory for her in the seclusion of the deceased to avoid covering with decorative clothing and using Kohl (antimony) and all that is counted as an embellishment. Issue 879: When the husband is absent and died on a journey, the beginning of the seclusion of the deceased is from the time when the information reaches his wife. Issue 880: When the woman says: I have finished my seclusion, it will be accepted from her with the condition that it not be a situation of suspicion. Rather, the obligatory precaution is that it should be a situation of

reliability.

The Irrevocable and Revocable Divorce Issue 881: Divorce is of two types: Irrevocable divorce (Baa’in) and revocable divorce (Raj'i). The irrevocable divorce is that divorce in which the man does not have the right of returning (Rujoo') to his wife (the intent of return or Rujoo') is that the man returns to his relationship with his wife without a new contract and they live together as they had been husband and wife. The irrevocable divorce has five types: 1) The divorce of the woman who has not completed nine years of age. 2) The divorce of the menopausal woman (Yaa’isah) who has passed fifty years of age. 3) The divorce of the woman whom her husband had not had intercourse with her after the marriage. 4) The divorce of the woman who has been divorced three times. 5) The Khala' and Mubaara’ah divorce whose explanation is coming afterward. Whatever is aside from these are the revocable divorce (Raj'i) , meaning that it is permissible for the man to return to his wife during the seclusion ('Iddah) without need of renewing the contract. Issue 882: When a man divorces a woman with the revocable divorce, it is not permitted for him to remove her from the house except in some of the instances which are mentioned in the detailed jurisprudence books. Likewise, it is forbidden for the woman herself to leave the house for unnecessary activities.

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The Rules of Revoking the Divorce (Rujoo’) Issue 883: It is permissible in the revocable divorce that the man returns to his wife without the need of performing the Seeghah of a new contract. The revocation of p: 266

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the divorce is of two types: 1) That the man states words whose meaning is that he accepts the marriage of that woman a second time. 2) That the man performs an action which implies this meaning (i. e. that he accepts the return to married life). Issue 884: It is not obligatory that the man have anyone to witness his return to his wife or inform the woman of his return to her. Rather, it is correct when he says: I have returned to my wife, without anyone understanding it. Issue 885: When a man divorces his wife another time (meaning, a second time) , then, marries her or returns to her (in her seclusion and according to the obligatory precaution in every time of intercourse with her) and after seeing menstruation and purity, he can divorce her. In the third divorce, that woman becomes forbidden for him. She will not be lawful for him unless she marries another man in a permanent marriage after the period of seclusion ('Iddah) passes. Then, (if the second husband) divorces her, it is permissible for her first husband to marry her another time.

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Khala’ Divorce Issue 886: The woman who does not desire to continue living with her husband and fears that if their marriage continues she will fall into disobedience, it is permissible for her to give her dowry (Mahr) or another sum for which he will divorce her. This is called the Khala' divorce. Issue 887: According to obligatory precaution, the Seeghah of Khala' divorce is in the following manner: When p: 267

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the husband himself desires to execute the Seeghah of divorce, he mentions the name of his wife in it saying: ﺯَﻭْﺟَﺘِﻲ ﻓﺎﻃِﻤَﺔُ ﺧَﻠَﻌْﺘُﻬﺎ ﻋَﻠﻰ ﻣﺎ ﺑَﺬَﻟَﺖْ ﻓَﻬِﻲَ ﻃﺎﻟِﻖٌ My wife Fatimah is removed for what she has offered, she is divorced When the husband desires to have his representative execute the Seeghah, then, the obligatory precaution is that he appoints a person from the side of the woman and another person from the side of the man and, when, for example, the name of the husband is Muhammad and the name of the wife is Fatimah, the representative of the woman says ﻋَﻦْ ﻣُﻮَﻛﱢﱢﻠَﺘِﻲ ﻓﺎﻃِﻤَﺔَ ﺑَﺬَﻟْﺖُ ﻣَﻬْﺮَﻫﺎ ﻟِﻤُﻮَﻛّﻠِﻲ ﻣُﺤَﻤﱠﱠﺪٍ ﻟِﻴَﺨْﻠَﻌَﻬﺎ ﻋَﻠَﻴْﻪِ On behalf of the person whom I represent I offer her dowry to the person whom you represent, Muhammad, in order that he divorce her (as Khala') Then, the representative of the man says immediately afterward: ﺯَﻭْﺟَﺔُ ﻣُﻮَﻛّﻠِﻲ ﺧَﻠَﻌْﺘُﻬﺎ ﻋَﻠﻰ ﻣﺎ ﺑَﺬَﻟَﺖْ ﻓَﻬِﻲَ ﻃﺎﻟِﻖٌ The wife of the man I represent, he has removed her for what she has offered, she is divorced. When a woman desires to offer something other than her dowry, it is also obligatory to mention it at the time of executing the Seeghah.

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Mubaara’ah Divorce Issue 888: When the spouses, each one of them, dislike each other and the wife offers her dowry or some other property for the man to divorce her, that is called Mubaara’ah divorce. Issue 889: The obligatory precaution is that the Seeghah of Mubaara’ah is executed in the following manner: When the man himself desires to execute the Seeghah of Mubaara’ah divorce p: 268

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and the name of his wife is, for example, Fatimah, he says: ﺑﺎﺭَﺃْﺕُ َﺯْﻭﺟَﺘِﻲ ﻓﺎﻃِﻤَﺔُ ﻋَﻠﻰ ﻣﺎ ﺑَﺬَﻟَﺖْ ﻓَﻬِﻲَ ﻃﺎﻟِﻖٌ I disavow my wife Fatimah for what she has offered, she is divorced When the wife has offered another property other than the dowry, it is also obligatory for her to mention it. When a representative of the man executes the Seeghah, he says: ﺑﺎﺭَﺃْﺕُ َﺯْﻭﺟَﺔَ ﻣُﻮَﻛﱠﱠﻠﻲِ ﻋَﻠﻰ ﻣﺎ ﺑَﺬَﻟَﺖْ ﻓَﻬِﻲَ ﻃﺎﻟِﻖٌ I disavow the wife of the man I represent for what she has offered, then, she is divorced of course, it is necessary that the wife has already given her dowry before that or something lesser to her husband in exchange for the Mubaara’ah divorce. Issue 890: The obligatory precaution is that the Seeghah of the Mubaara’ah divorce be executed in proper 'Arabic. However, there is nothing preventing the wife from offering her property in Persian or any other language (based on the translation of the following): ﺑَﺬَﻟَﺖْ ﻟَﻚَ ﺍﻟﻤﺎﻝ ﺍﻟﻔُﻠﺎﻧِﻲ ﻟِﺘُﻄﻠَﻘﱠﱠﻨﻲ I offer this property of such and such to you in order for you to divorce me. Issue 891: It is permissible for the woman to seek the return of her offering during the seclusion ('Iddah) of the Khala' or Mubaara’ah divorce. When she gets the return of her offering, it is permissible for the husband to return to her and take her as his wife another time with no need of a new contract. Issue 892: The property which the husband takes for the Mubaara’ah divorce, it is obligatory that it not be more than the dowry. p: 269

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Rather, the precaution is that it be less than that. However, there is no objection in the Khala' divorce that the amount be whatever quantity. Issue 893: When the woman makes it conditional at the time of the marriage that by her own she will select divorce if her husband travels or becomes addicted to narcotics or he becomes unable to support her, this condition is invalid. However, when she makes it conditional that she should be the representative on the behalf of her husband, then she will divorce herself in these situations, this appointment is proper and she has the right to divorce herself in this situation. Issue 894: The woman who cannot find her husband and does not know whether he is alive or not, when she desires to seek a divorce and marry another man, it is obligatory that she consult a just Mujtahid and act in accordance to the particular duty mentioned in the noble law.

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The Rulings of Lost Property (Luqtah) Issue 895: The lost property which a person discovers, when there is no sign by which its owner can be known (like a dollar or quarter) , then, the obligatory precaution is that he give it as charity on behalf of its owner. When (the one finding it) was himself deserving of charity (Mustahiqq) , it is permissible for him to take it himself and when it is a significant sum, he should seek permission of the Religious Authority. Issue 896: When the property which was discovered has a sign in it, however, its p: 270

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(value) is less than a Dirham (a Dirham is considered as 12. 6 grains of minted silver) , then, if he can identify its owner, it is not permitted for the finder except with the permission of its owner. When he cannot identify its owner, it is permissible for the finder to take possession of it and gain benefit from it. When it is ruined, it is not obligatory (upon the finder) to give its replacement. Rather, even when he did not have the intention of taking it into possession and it was ruined, without negligence, its replacement is not obligatory upon him. Issue 897: When one intends to substitute the verbal notification (of finding a lost property) to a posted written notification in a place where many people frequent, and, normally, people read the written announcements and those who are educated read for those who are illiterate and this notice remains there for a period of one year, it is sufficient. Issue 898: When it is hopeless before the conclusion of a year to find the owner of something lost or it was hopeless from the onset to find the owner, the obligatory precaution is that (the lost property) be given to the poor as charity on behalf of its true original owner. Issue 899: When notice is given regarding something lost and it was announced for a period of a year or it is preserved in a particular place for lost items and its owner has not become clear, the discoverer of that p: 271

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thing has a choice between four matters. 1) To take possession of the lost property with the intention of returning it to its owner when he comes. Then, when that thing does not exist itself (when the owner does return) , he must give its substitute. 2) That he will save it (for the owner) , like (something deposited as) a trust. 3) To give it in charity (Sadaqah) in the way of Allah on behalf of its owner. 4) To surrender it to the Religious Authority (Al-Haakim Ash-Shar'). The recommended precaution is to give it in charity on behalf of its owner or surrender it to the Religious Authority. Issue 900: When a property is discovered that will spoil if it remains, like most foods and fruits, it is obligatory to preserve it up to the time in which it does not spoil. Then, its value is appraised and it can be used or it can be sold or it can be preserved for its price. When its owner does not present himself, (the finder) gives it in charity on (the owner's behalf). The recommended precaution is that the permission of the Religious Authority be sought in (the lost items affair) when its owner was impossible to be found.

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The Rules of Slaughtering and Hunting

point Issue 901: When a lawful animal is slaughtered according to view of the conditions which will be mentioned afterward, it becomes lawful to eat its flesh whether it be domestic or wild. Except the animal which a person has had intercourse with. Its flesh is forbidden, p: 272

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even the flesh of its offspring. Likewise, is the contaminated animal (Hayawan Jallaal-it is that animal which is habitually fed the stool of man) , except when it is fed pure food and purified according to what is mentioned in the Islamic law. Issue 902: The undomesticated animal of lawful flesh, like the deer, mountain ram, partridge and animals like these, and similarly, the domesticated animal of lawful flesh which become wild afterward, like the domesticated cow and camel which escaped and became wild, when it is hunted with weapons (according to the method whose explanation is upcoming) , it is lawful (Halaal). However, when the domesticated animal of lawful flesh is hunted with weapons, it does not become lawful. As such is the undomesticated animal of lawful flesh which has become domesticated by training. Issue 903: The undomesticated animal of lawful flesh does not become lawful except when it is able to flee. According to this, it is not lawful to hunt the small gazelle or the small partridge that are unable to escape.

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The Method of Slaughtering an Animal Issue 904: To slaughter an animal, it suffices to sever the animal's windpipe (the passageway of air) and the two jugular veins (they are the two arteries surrounding the windpipe) in a complete manner. However, the recommended precaution is to sever the four passageways, meaning the windpipe (larynx) , the two jugular veins in addition to the esophagus from the lower part of the neck called the Jauzah. Issue 905: When some of the passageways were severed and, then, waited until the animal p: 273

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died, then, severed the remaining passageways, it is of no benefit, the animal is a carcass (Maitah). Rather, even when the wait was not to this extent, but the passageways were not severed in a consecutive manner, as was known before. If the animal has some life remaining in it, there are objections in it.

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The Conditions of Slaughtering an Animal Issue 906: Five matters are conditional in slaughtering an animal: 1) That the one slaughtering be a Muslim. According to obligatory precaution, the Nasibi and those in the ruling of a non-Muslim who are at enmity with the Ahlul-Bait of the Messenger of Allah, peace be upon them. 2) That the instrument of slaughtering be made of iron or something from the metals resembling it. When slaughtering is necessary and the instrument of slaughtering is not found or it is feared that when the animal is not slaughtered it will die and something of metal is not available, it is permitted to cut its throat with any other sharp instrument (like glass, stone or wood). 3) That the front part of the body of the animal be in the direction of the Qiblah at the time of slaughtering. When the animal is faced with its back toward the Qiblah intentionally, its flesh is forbidden. However, when the animal had its back toward the Qiblah mistakenly or out of ignorance of the rule and the issue or it was a mistake in the direction of the Qiblah and the animal was slaughtered in a direction other than the direction of p: 274

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the Qiblah, its flesh is not forbidden. 4) That the name of Allah be said at the time of slaughtering. It suffices to say: Bismillah (In the name of Allah) or Subhaana-llah (Glorified be Allah) or La Ilaaha Illa-llah (There is no God except Allah). It is sufficient that (the saying of the name of Allah) be said in Persian or any other language. However, when the name of Allah is said without the intention of slaughtering, it does not suffice. There is no objection when the name of Allah is not mentioned due to forgetfulness. 5) It is conditional that the animal, slaughtered has some movement, although it be that it moves its eyes or move its tail or kick its leg to the ground such that it can be known that it was alive at the time of slaughtering. The obligatory precaution is that a sufficient amount of blood emerges from the animal. Issue 907: It is permissible that the slaughterer be a male or female or an immature child knowing the method of slaughter and its rules. However, the best is that women and children be excused with the existence of men. Issue 908: It is permissible to slaughter animals by mechanical equipment when the aforementioned conditions are taken into account. Issue 909: When a number of chickens or animals are slaughtered together, it suffices to say the name of Allah one time. Likewise, when a large number of animals are slaughtered by equipment at one time (according to other conditions) , it p: 275

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suffices to say (the name of Allah) once. When the equipment operates by repetition constantly, then, the precaution is to repeat the (mention of Allah's name) constantly.

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The Method of Slaughtering a Camel Issue 910: The five previously mentioned conditions are conditional in slaughtering the camel in addition that the method of slaughtering it is by piercing it with a knife or by any other sharp instrument in its breast plate, it is a depression found at the lower part of the neck, this method is called Nahr. The best according to some of the narrations is that the animal be standing. However, there is no objection in slaughtering it kneeling or laying on its side and its front part of its body toward the Qiblah. Issue 911: The unruly animal that it is not possible to slaughter according to the legal method, and, likewise, the animal which has fallen into a well and it is not possible to slaughter it according to the legal method and it is probable that it will die there, if it is possible to wound a place on its body with a sharp instrument, like a knife, then, it dies from the effect of the wound, its flesh is lawful. It is not obligatory to face it toward the Qiblah. However, it is obligatory that the other conditions in slaughtering of the animal be conditional in its killing and that which were mentioned earlier. Issue 912: Sometimes animals are stunned by electrical shock to ease the slaughtering activities in order to prepare and p: 276

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facilitate its slaughter by manufacturing equipment. This action is only devoid of objection when the animal remains alive after delivering the stun to the animal in order to slaughter it and the animal is alive.

The Rules of Hunting with Weapons Issue 913: The flesh of lawful undomesticated animals is lawful when hunted with weapons with the five following conditions. 1) That the weapon be piercing, like a sword, knife, dagger and rifle and whatever is similar to rifles whether its bullets be sharp or not. However, it must be such that it ruptures the body of the animal and blood flows from it. However, when the hunting is by means of a trap or stick or stone and what is similar to that, it is forbidden except when the animal is reached while alive and slaughtered according to the legal method. 2) Conditional hunter, according to the obligatory precaution is that he be Muslim or the child of a Muslim, although he be a young child. However, he should be decreeing and be able to distinguish between good and evil. 3) That the weapon is used with the intention of hunting. As for when something was aimed at with the weapon and it struck an animal by chance, the eating of its flesh is forbidden. 4) At the time of using the weapon for hunting, the name of Allah must be recited. There is no objection when it was forgotten. 5) That you reach the animal dead or reach it alive, but there not be a sufficient opportunity to slaughter it. As p: 277

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for when there is an opportunity to slaughter it, however, (the hunter) was negligent in (slaughtering it). Then, the animal died, its flesh is forbidden. Issue 914: When an animal is slaughtered or hunted and a fetus emerges from its stomach alive, then, if that fetus is slaughtered according to the legal method, it is lawful, otherwise, it is forbidden. As for when the fetus dies by the slaughtering or hunting of its mother, it is lawful with the condition that the constitution of that fetus is complete and with the condition that hair or wool has appeared on its hide.

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Fishing Issue 915: The lawful fish are those which have scales whether its scales be a few or numerous, small or big. Even fish whose scales are not permanent and drops off in the net is lawful. However, the very fine scales and what is similar that people do not call scales does not suffice. Issue 916: When a fish is captured alive and dies outside of the water, it is pure and lawful. When it dies in a net found in the water, it is lawful also. Issue 917: When a fish is thrown from the water or waves cast it out from the water or it remains on dry land by reason of the ebb and tide and died there, it is forbidden. However, if it is caught by hand or something else before it dies and, then, it dies, it is lawful. Issue 918: It is not conditional that the hunter of fish p: 278

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be a Muslim nor that he mention the name of Allah at the time of hunting. However, it is obligatory that he slaughter it. Slaughtering it is taking it out of the water alive or that it dies after falling into the net. Issue 919: When fish is taken from the markets of the Muslims or from the hand of a Muslim, it is lawful even though it is not known whether it was captured alive or not. Also, it is not obligatory to investigate that. However, when the fish is taken from a non Muslim, and it is not known whether it was taken from the water alive or dropped in a net alive or dead, it is forbidden. Issue 920: Shrimp which are among the sea animals is lawful. However, the crayfish, which are akin to land insects and the name fish are applied to them, are forbidden and it is not allowed to eat them except at the time of necessity for treatment.

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The Rules of Food and Drink

point Issue 921: The meat of domesticated sheep, cows and camels, likewise, undomesticated sheep, cows, goats, donkeys and gazelle is lawful. However, the meat of the horse, mule and donkey is disliked (Makrooh). The meat of carnivorous animals, in general, and elephants, rabbits and insects is forbidden. Issue 922: The meat of birds possessing talons is forbidden. Likewise, the meat of birds whose wings remain spread while flying or their gliding is more than their flapping is forbidden. As for the birds who are constantly flapping or p: 279

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their flapping is more than their gliding, then, its meat is lawful. From this group are types of doves (pigeons) , turtledoves and partridges. However, the hoopoe (Hudhud) is disliked (Makrooh). Issue 923: When a piece of an animal is cut while the animal is alive, whether it be fat or flesh, eating it is forbidden. Issue 924: The eating of fourteen (14) parts of an animal is forbidden (according to obligatory precaution in some): 1) Blood 2) The male sexual organ 3) The female sexual organ 4) The placenta 5) Glands 6) Testicles 7) Pituitary Glands 8) Bone Marrow 9) The two yellowish nerves extending along the back from the neck to the tail. 10) The gall bladder 11) The spleen 12) The urinary bladder 13) The pupils of the eye 14) The nerves that are between the hooves This is in large animals. As for small animals like the sparrow, then, there is no objection in eating that which is not distinguishable or not separable from these things. Issue 925: The eating of something filthy by which man's nature is repulsed, is forbidden (like mucus and similar things) although it is pure. Issue 926: It is forbidden to eat or drink things that inflict an important harm for people. Smoking cigarettes and other types of smoking, when it comprises an important harm to people according to experts and research, it is forbidden also. The usage of narcotics whether it be by injection, smoking, eating or whatever other method, is also forbidden. Issue 927: Drinking wine (Khamr) is forbidden and it is one of the major sins. Rather, in some p: 280

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traditions it is the greatest of sins. If someone deems wine lawful, if he was mindful that making wine lawful necessitates the denial of Allah and the Prophet, then, he is a non-Muslim (Kaafir). It has been related on the authority of Imam Ja'far As-Saadiq, peace be upon him: The drinking of wine is the key of all evil, and the addict of wine negates his reasoning, removes his light, destroys his manliness and it encourages him to be bold in committing the unlawful. (It causes) the shedding of blood and committing fornication. He does not believe while he is intoxicated that he is jumping to his unlawful deeds and he does not rationalize that and that his drinking only increases every evil. He said that it is the mother of filth and the head of every evil. There will come to the drinker of wine an hour wherein his intellect is nullified and he is not aware of his Lord. He does not abandon disobedience except by committing it nor abandon the forbidden except by fatigue nor abandon a family relation except by breaking it and there is no depravity except that he will commit it. He who drinks a drink of wine, Allah does not accept his prayers for forty days. He who drinks one sip of wine, Allah the Almighty and Majestic, His angels, His Messengers and the believers curse him. If he drinks until becoming intoxicated from it, the spirit of faith (Imaan) is withdrawn from his body p: 281

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and the feeble-mindedness, filthy, accursed spirit will embark, then, he will abandon the prayer. Issue 928: Intended by wine is every fluid intoxicant. Beer is also counted as one the wines. Drinking even one drop of wine is forbidden, even less than that is also forbidden. Issue 929: Sitting at the table at which wine is being drunk is forbidden. Eating from the table, when it is man, he is counted as one of them although the food is lawful. Issue 930: When the life of a Muslim is in danger by reason of hunger or thirst, it is obligatory upon all that they give him food and water and save him from death. At that time, it is lawful for him to eat some of the unlawful things when he does not find any other thing besides it.

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The Recommended acts of Eating Issue 931: Performing a number of acts is recommended at the time of eating in hope of divine reward, they are: 1) To wash the hands before eating. 2) To wash the hands after eating and dry them with a towel. 3) That the host begins eating before all and finish eating after all. 4) To say: Bismillah (In the name of Allah) before eating and after finishing eating to say: Al-Hamdu Li-llah (The Praise is for Allah). When there are a number of types of food on the table, say Bismillah at the time eating each type of food. 5) To eat with the right hand. 6) When there is a group of people eating at a table, it is p: 282

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recommended that each one eat from the food that is before them. 7) That small mouthfuls are eaten. 8) That no hurry be made in eating and lengthen the sitting for food and chew the food well. 9) To pick the teeth and remove the food between the teeth and wash the mouth after eating. 10) To avoid throwing edibles aside. As for when the eating is in open places, then, leave whatever remains on the table for birds and animals. 11) To eat twice every day, first in the beginning of the day and, second, in the beginning of the night. 12) To eat salt in the beginning of the meal and at its end. 13) To wash all fruits with water before eating them. 14) To invite someone to the table as a guest to the extent possible.

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The Rules of Vows and Covenants Issue 932: The vow (Nazr) is that people make a covenant to perform one of the good acts for Allah or abandon an act that is better to leave. Issue 933: The vow is of two types: First: The conditional vow. It is like saying: When I am cured of my illness, by Allah it is obligatory upon me to do such and such. This is called the vow of thankfulness (Nazr Ash-Shukr). Or when a such and such bad act is committed, the person says: It is obligatory upon me, by Allah that I do a good act. This is called the vow of prevention (Nazr Al-Zajr). Second: The unconditional vow. It is to say without restriction or condition: p: 283

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I vow, by Allah that I will perform the night prayer or By Allah so and so is obligatory upon me. Each of these types of vows is proper according to Islamic law. Issue 934: The vow is only proper when a Seeghah is executed for it whether it be in 'Arabic, Persian or any other language. Issue 935: It is conditional that the act which people vow is desirable legally. According to this, it is not proper to make a vow to perform something unlawful or to abandon something obligatory or recommended. Issue 936: It is not conditional that the particulars and the details of the vowed act be desirable legally, rather, it suffices that its basis be desirable legally. For example, when it is vowed to pray the night prayer in the every night of the beginning of the month, it is proper and obligatory to perform that act. Or when it was vowed to feed the poor in a particular place, it is obligatory to act in accordance with the vow. Issue 937: When someone vowed to abandon an act permanently and has not specified the interval or date, then, if he voluntarily performs that act (again) , the atonement (Kaffaarah) is obligatory upon him for the first instance. When the vow was such that each instance of that is independently related to the vow, then, the obligatory precaution is to give the atonement (Kaffaarah) for each instance of breaking the vow. As for when his intention was not as such (to p: 284

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vow something unconditionally) or he doubted whether it was his intention in the beginning or not or how (his intention was made) , only one atonement (Kaffaarah) is obligatory upon him. Issue 938: When something is vowed for one of the mausoleums of the A’immah or the children of the A’immah, upon them be peace, it is obligatory to disburse in that mausoleum in the way of renovation or the preparation of carpets or the lighting or for the attendants who serve that mausoleum or things similar to that. However, when something is vowed for the Imam himself, peace be upon him, or the son of one of the A’immah without mentioning that mausoleum, in addition to what we have stated, it is permissible to disburse it establishing a mourning assemblies (Majaalis Al-'Azaa’) and lamentation for that Imam or to spread its traditions and the traditions of Islam or to help the pilgrims (to that mausoleum) or whatever scope is related to it in a similar manner. Issue 939: The wool of an animal who is vowed for charity of one of the A’immah and its growth is part of the vow. When a child is born before its disbursement in the range vowed or it yields milk, then, the obligatory precaution is to disburse all of that in the same disbursement (intended in the) vow. Issue 940: When the father or mother makes a vow that they will marry their daughters to a Sayyid (Haashimi) , there vow is not to be considered (as valid). p: 285

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Whenever the girl becomes mature, the choice is in her hands. Issue 941: The act (made obligatory) by an covenant ('Ahd) is obligatory like the act of a vow with the condition of executing the Seeghah of an oath, like saying: I swear by Allah that I will not do such and such action. As for when the Seeghah is not executed or that action was not desirable legally, the oath is not considered (as valid). Issue 942: He who has not fulfilled his covenant with the aforementioned conditions, the atonement (Kaffaarah) is obligatory upon him additionally. The atonement of the covenant is like the atonement for the vow, meaning feeding sixty (60) poor people or fasting two consecutive months.

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The Rules of the Oath Issue 943: When someone swears an oath (Yameen/Qasam) it is obligatory that he act according to this oath when the following conditions are present, otherwise, the atonement (Kaffaarah) is obligatory upon him. 1) That the one swearing be sane and mature. When the person is swearing an oath regarding his property it is conditional that he not be an incompetent (Safeeh) or prevented from disbursing his property by the Religious Authority (Al-Haakim Ash-Shar') and that his swearing be with proper intention and free will. Then, the oath of a child, the insane, the compelled and the one financially restricted (in utilizing his property) is not proper. Likewise, the oath of the one swearing in the state of anger when he swears without proper intention and volition. 2) The action which is sworn to p: 286

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be established is conditional that it not be unlawful nor disliked (Makrooh) or that his abandoning something is not something that is obligatory nor recommended. When the oath was to perform a permissible (Mubaah) act, it is obligatory that it not be of those acts whose abandonment is better than its performance in the view of people. Likewise, when the oath is to abandon a permissible (Mubaah) act, it is obligatory that it not be (of those acts whose) performance is better than is abandonment in the view of people. 3) When someone swears with the name of Allah be He Exalted, whether it is one of which is not applied to another besides Allah, like the word Allah or whatever is its equivalence in another language. Or it is a name which is applied to other than Allah also, however, it is known from context that his intention is Allah, rather, when he swears by the names from which Allah the Exalted is not understood without an indication, but he intended Allah the Exalted, then, the obligatory precaution to abide by his oath. 4) (It is conditional) that the oath be executed by the one swearing's tongue. Then, it does not suffice when he repeated it (only) in his heart. The precaution in writing (an oath) is to act in accordance with it. However, the mute person when he swears by gestures, it is proper. 5) The action sworn to be possible. When, at the time of swearing it was possible, but p: 287

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he became unable (to perform it) afterward or there is great difficulty in (performing it) , his oath will be invalidated from the time when the new situation overtakes him (meaning the inability befalls him or the difficulty).

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The Rules of the Will Issue 945: The will (Wasiyah) is that people seek to establish a particular act after their death. This will is called the covenant will (Al-Wasiyah Al-'Ahdiyyah) , like someone making a will regarding matters related to his burial shroud (Kafan) , the place of his burial and his ceremonies. Or someone makes a will that part of his property is the possession of an individual after his death. This will is called the will of transfer of property (Al-Wasiyah At-Tamleekiyyah). Or he specifies a caretaker or guardian for his children. Issue 946: It is permissible for he who intends to make a will that he note what he desires by words or writing. When he is unable to speak or write, it is permissible to make a will by gestures which convey his intent. Issue 947: In addition to the will, it is permissible to perform all of transactions (Mu’aamalah) by means of writing or undertaking an action according to what is common in our present time whereas records are completed by the method of receipts and signing it. However, in marriage and divorce, it is objectionable to be content with writing. Issue 948: Conditional in the one making the will is that he be mature (Baaligh) and sane ('Aaqil). However, the child who is in the p: 288

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age of ten who can distinguish between good and evil, when he desires to will a certain righteous act, like building a Masjid and school and hospital or he wills some matters for his relatives (that are) appropriate and reasonable, his will is proper. As such it is conditional that the one making the will not be incompetent (Safeeh) nor restricted from utilizing his property by the ruling of the Religious Authority and that he make the will with intent and free will and is not compelled nor forced. Issue 949: When people witness the effects of death and its signs in themselves it is obligatory upon them to surrender deposits (Amaanaat) and immediately return them to the (appropriate people). Just as it is obligatory upon he is indebted and the term of his debt has arrived (it is obligatory) that, without delay, he will immediately pay it. When it is not possible that he can act like that or the term of payment of his debt had not arrived, it is obligatory that he make a will (regarding it). When he is not content that they will come to know of his will, it is obligatory upon him to bring someone as a witness for it. When he is content that his heirs will pay his debts, a will is not obligatory upon him. Issue 950: He who witnesses the effects of death and its signs and has Khums, Zakah and the restitution of an injustice obligatory upon him, it is obligatory p: 289

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that he immediately set out to pay that which is obligatory upon him. When that is not possible, then, if he has property or does not have property but there is a probability that his relatives will pay it on his behalf, it is obligatory that he make a will (to that effect). Likewise, when one has an obligatory pilgrimage upon him and when the Qadhaa’ of a prayer or fast was in his responsibility, it is obligatory upon him to make a will, according to obligatory precaution (with the observance of that which has passed in the prayer and fast for hire). Issue 951: He who has a debt, an obligatory pilgrimage, Khums, Zakah and whatever is similar to that in his responsibility, and, then, dies, it is obligatory to pay these matters from the principle of his property, although he had not made a will. When some is in excess, if he had willed to disburse of third of it or something from its third in a particular area, it is obligatory to act according to his will. When he had not will anything to anyone, there is not third for him, rather, whatever is in excess of the payment of his debts is for his heirs. Issue 952: It is not permissible for people to make a will for more than one third of his property, except when the heirs give permission for that, whether this permission was before his death or after his death. It is not permissible for the p: 290

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heirs to revoke their permission after his death, whether they had permitted it and given permission before his death or after it, according to obligatory precaution. Issue 953: When there were various will for various actions for a person and the third (of his property) is not sufficient, it is obligatory to act according to what has come in his will in the first sequence. Then, the first until it reaches a third and the remaining will is invalid (except with the permission of his heirs). As for when one mentions in his will the obligatory acts (like the pilgrimage, Khums, Zakah and injustices) also this part of the will is taken from the principle of his inheritance and the remaining from the third.

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The Rules of Inheritance

point Issue 954: The heirs whom inherit from the deceased due to relations are of three levels: The first level: The father of the deceased and his mother and his children and the children of his children in the state of lacking the existence of (his own) children, although they descend (the family tree, of course the closest, then, the next closest to the deceased). As long as there is one from the first level, there is no inheritance from the second level. The second level: The grandfather of the deceased and his grandmother, although they ascend (the family tree-be they from the side of the father or the side of the mother). Also, the brothers and sisters and their children with the lack of their existence (meaning, the existence p: 291

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of brothers and sisters) and the children of their children, although they descend (the family tree-the closest to the deceased, then, the next closest). There is not inheritance from the third level as long as there is one person from the second level. The third level: The paternal uncle and the paternal aunt and the maternal uncle and the maternal aunt, although they ascend (the family tree) and their children, although they descend (the family tree-the closest inherits from the deceased, then, the next closest). As long as there is someone from the paternal uncles and aunts and the maternal uncles and aunts alive, their children do not inherit. As long as one of their children is alive, the children of their children do not inherit. There is one exception and it is when the deceased has a uncle from the side of the father and a cousin from the side of the father and mother. The father's uncle does not inherit. The property is for the cousin from the side of the mother and father. Issue 955: When the paternal uncle of the deceased does not exist, nor his maternal aunt nor his maternal uncle nor maternal aunt, nor their children, the cycle will arrive at the paternal uncle of the father of the deceased and his paternal aunt and his maternal uncle and his maternal aunt. When also these do not exist, their children inherit. When their children also do not exist, the paternal uncle of (the deceased's) grandfather and p: 292

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his grandmother and the maternal uncles and aunts. When these do not exist, their children inherit. Issue 956: The two spouses inherit from one another in the manner whose details and explanation will come in the adjoined issues.

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Inheritance of the Wife and Husband Issue 957: When a permanent wife dies and she does not leave any children, her husband inherits half of the property and the others inherit the remaining (half). When she has children from that husband or from another husband, the husband inherits a quarter of the property and the remainder is for the remaining heirs. Issue 958: When the husband dies and he does not leave any children, his permanent wife will inherit a quarter of the property and the remainder is for the remaining heirs. When he has children from this wife or from another wife, his wife will inherit an eighth of the property and the remainder is for the remaining heirs. Issue 959: The wife inherits from all of the transferable property of her husband, she does not inherit from land or its value, whether it be a house or a garden or agricultural land or whatever is similar to that. Likewise, she does not inherit from real estate itself, like a building or trees. It is obligatory to appraise the real estate or trees, then, give her from its value. Issue 960: Decorative clothing, jewelry and whatever is similar to that from what (the deceased has) acquired. The man, it is for his wife and she for her husband. It is not considered p: 293

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as part of the estate, except when it is established that he had not intended for her to take possession of it, rather, she was wearing it in a manner like borrowing.

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Miscellaneous Issues of Inheritance Issue 961: When a man dies, his Qur’an, his ring, his sword and the clothing which he was wearing or he had prepared to wear, is for his eldest son. When there were more than one these four items for the deceased, for example, two Qur’ans or two rings, then, if he had used them in his life, they are all for his eldest son. Issue 962: When there was a debt obligatory for the deceased, then, if the debt is in the amount of his estate or more, these four things are not given to the eldest son. Rather, it is obligatory to pay his debt with it them. However, when his property was more than his debt such that there remains a considerable amount after payment of his debts, it is obligatory to give these four things to the eldest son. Issue 963: The Muslim can inherit from the non-Muslim but the non-Muslim does not inherit from the Muslim, although he is the father of the deceased or his son. Issue 964: When someone intentionally kills his relative wrongfully, he does not inherit from them. However, when his heir killed him mistakenly (like he throws a rock in the air and it strikes a relative by chance and kills him) , he does not inherit, in this situation from the blood money p: 294

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(Diyah) of his killing (according to precaution). Issue 965: When from the deceased there was a child in the stomach of his mother and there are others from his level, like children, the father, the mother, it is obligatory to divide the inheritance setting aside a share of two children for the infant who is in the stomach of his mother. Then, if (the infant) is born alive, he inherits. If it was a son or daughter, they are given their share and the remaining inheritance is divided among the heirs. When there was no one other than (the child) in his level, then, if the child is born alive, all of the property is for him, otherwise, it is divided among the heirs.

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The Rules of Defense And Enjoining Good And Forbidding Evil Issue 966: It is obligatory for Muslims as a whole to defend their Islamic nations and its borders against attacking enemies by all means, like expending property and persons and other than that. There is no need of the permission of the Religious Authority (Al-Haakim Ash-Shar'i) in this matter. The aim of the defense system and organization of efforts is necessary to be in a complete manner specifying a leader or leaders possessing knowledge and information and are an object of reliability under the observation of the Religious Authority. Issue 968: When the Muslims fear the foreigners' designs for domination of Islamic nations and that they act to conspire directly or by way of their agents internally and externally, it is obligatory upon every responsible person (Mukallafeen) to stand p: 295

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in opposition to that and defend the Islamic nations by whatever means possible. Issue 968: When the affect of an expanding political, economic and business influence of foreigners is their domination of Islamic nations, it is obligatory upon the Muslims to prevent their influence and cut their hands. Likewise, in the scope of agreements of relations and political ties with non-Islamic nations, it is obligatory that (these relations) not become a cause of the weakening of Muslims and their incapacitation or their falling as captives in the clutches of foreigners or becoming their economic and business subordinates. Issue 969: It is obligatory upon every sane and mature person to enjoin the good and forbid the evil with the following conditions: 1) That the one enjoining good and forbidding evil has certainty that the other party has done the forbidden or abandoned the obligatory. 2) That there is a probability in the effect from the one enjoining and forbidding in (the other party) , either now or later, in a complete manner or in a incomplete manner. According to this, when one's enjoining and forbidding has no affect, it is not obligatory. 3) That in enjoining or forbidding there be no fear of corruption or harm. Therefore, when one knows or fears that his enjoining or forbidding has a considerable harm in it for himself, his goods, his property or some of the believers, it is not obligatory. However, when the evil or good are matters to which the sacred Islamic lawgivers have attached great importance (like protecting Islam p: 296

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and the Qur’an and the independence of the of Islamic nations or protecting the imperative Islamic laws) , it is obligatory not to pay attention to the harm, rather, strive to protect these matters by expending the self and precious things.

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Modern Issues

1) Bank Transactions Institutions of (Interest) Free Loans Issue 970: Properties which people deposit in banks under the title of active accounts are considered as interest free loans to the bank. It is permissible for people to take it back and withdraw it when the please. When this is done for compensation as a profit, it is forbidden and the loan is invalid and it is not permissible for the bank to utilize the deposit in this situation. Issue 971: Short term and long term deposits which people deposit in Islamic interest free banks, the profit which the bank pays is only lawful for them when it is according to Islamic measures and the methods of Islamic contracts and agreements (of various types, like silent partnerships, partnerships, etc. ) and the owner of the money is certain or there is a considerable probability that the bank establishes this contract and acts in a legal manner as a representative and authorized agent of the owner of the deposit. As for when it is known with certainty that these matters are only for appearance and superficial and merely ink on paper, that profit is unlawful. Issue 972: Whatever individuals receive from banks under the title of interest free loans (Qardhul-Hassanah) and loans other than that and, then, something is added to the loan p: 297

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at the time of returning the amount to the bank, it is only lawful when the transaction is completed in a legal manner according to the methodology of Islamic agreements and there is no impression of interest. Issue 973: When people know of the existence of lawful money and unlawful money in the bank, however, they do not know the money which they are receiving is from the unlawful, there is no objection in receiving it. However, when they are certain that the money which they have received is taken from unlawful money, it is not permissible for them to utilize it. It is in the ruling of lost property. Due to this, it is obligatory to donate (this unlawful money) in the way of Allah with the permission of the Religious Authority on behalf of the original owner, according to obligatory precaution. In this issue, there is no difference between foreign banks and domestic banks, governments or non-government banks. Issue 974: There is no objection in taking interest from foreign and non-Muslim banks. It is unlawful to take interest from banks which belong to Muslims. Issue 975: There is no objection in bank transfers (drafts, checks) from foreign banks, meaning that the bank or a businessman takes money from one country (or city) and transfers it to another bank or another individual in another country (or city) in order to receive a sum from (the one desiring the transfer). In exchange for this transfer (the banks) receive something from the owner of p: 298

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the money as compensation. This transaction is lawful whether the fee of the transfer is deducted from that transferred amount itself or the bank or businessman receives it in an independent manner. Likewise, when the bank or another institution gives a sum to an individual and this individual transfers it in order to surrender it to another branch of this bank or another person in another place, if an amount of the money is taken as a gratuity fee for this transfer, there is no objection in it. Issue 976: When mortgage banks and others give a loan with the condition that they profit and take collateral (as a deposit) , the loan is invalid and unlawful and the collateral is as such (unlawful for the bank). The bank does not have the right to sell the collateral in order to ensure its rights. It is like someone selling something the bank does not own, except when the profit was established according to the method of legal contracts. Issue 977: The fee which is received in offices of interest free loans in exchange for services which this office provides or (in charges it in order) to preserve and organize the accounts of installments and compensation (of these installments) , there is no objection in it. However, the precaution is that the amount is appropriate for the volume of work and maintenance which the office bears, except that they are receiving a profit from the loan with the name of a gratuity fee. Issue 978: Some interest p: 299

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free loan offices assign something from the (loan's) principle for business' activities or production (costs) in order to secure from its proceeds, the expenses of the office and the (expenses) of loans that are unpaid at times. This activity is only permitted when the owner of the money and deposits are knowledgeable of it and consent to it and (the bank) utilizes the proceeds of this investment only in the maintenance of the office.

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2) The Rules of The Promissory Note Issue 978: The (term) promissory note (Kampayaalah) is applied to the paper which is not a type of currency, rather, it is a certificate of a financial debt. Due to this, no transaction occurs with it. It is of two kinds: 1) A Real Promissory Note. It is considered as the certificate which the debtor gives in compensation for his debt to the creditor. 2) The Friendly Promissory Note (or I. O. U). It is that which an individual gives without it being in compensation for a debt. The intent of this promissory note is (that one) gives this certificate to a third person and he takes from that person an amount of currency less than what is written in the promissory note. Issue 980: When someone gives a Real Promissory Note to another person and he transacts with a lesser amount, like he gives a certificate whose amount is one hundred Dinaar at the time of its realization after three months, in exchange for receiving ninety Dinaar cash. The Real Promissory Note (valued at) one hundred Dinaar, which is the actual p: 300

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liability of the debtor, is sold for ninety Dinaar cash. This transaction is called Decreasing Promissory Note and it is proper and there is no objection in it. However, the execution of the Friendly Promissory Note is objectionable because a true debt doesn't exist. The methods mentioned to resolve this difficulty are (also) not, without exception, free of objection. Issue 981: It is lawful to approach the signatory of the Promissory Note, meaning the giver of the promissory note, when he had not paid his debt in the established time, it is permissible for the creditor to take his debt from that which they had placed on the Promissory Note. In reality, the one given the promissory note is liable to the debtor such that when (the debtor) pays his debt (the holder of the promissory note) must go to pay his debt. This type of liability is said to add responsibility upon responsibility and it is proper. Issue 982: Transactions with salable notes or that which is called money exchanges is permitted, meaning to exchange Syrian currency, for example, with Iranian currency or Jordanian currency with Marks or dollars. There is no objection in the increases and reductions in it. However, to give a loan to someone as an amount of money whether it be in the currency of an Islamic nation or foreign currency, it is permitted only that he receive the same amount from him. Whatever excess is interest and unlawful. When a loan is given to someone in the amount of p: 301

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foreign currency, for example, one hundred Marks, then, the debtor becomes in compelled to pay in compensation of another currency, it is obligatory to figure the common market value, except when the creditor was agreed with less than that.

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3) Key Money (Sarqufali) Issue 983: Key money is considered as the right of priority which a lessee obtains in a property in compensation of a sum which he pays in the beginning to the owner. In accordance with that, the lessee is he who pays the key money for priority over others in renting that property in the future. This key money was not (done) in the past, it is now existing among the intelligentsia of the people of 'Urf. It is proper with the following conditions: 1) That the amount of the key money be known and that the two parties execute this transaction with their consent. 2) That (the two parties) be mature (Baaligh) , sane ('Aaqil) and sensible (Rasheed) and that they know the meaning of key money and its requirements. Issue 984: It is permissible for the owner of the property to rent his property to a person and receive a sum in addition to the payment under the title of key money. In this situation he is not able to rent the property which he has rented to another, although the period of the lease has terminated. However, when the first lessee who paid the key money agrees, it is permissible for the owner to rent it to another person. The right of the first p: 302

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lessee also is that he may consign that property to another person for a lesser value or more than what he himself paid in the beginning under the title of key money to the owner of the property. Issue 985: When the term of the lease of the property for which the key money was taken terminates, the owner is obligated to rent it to that same lessee or another person the present lessee consents to. The amount of the payment is the actual honest value and according to reliable experts. Issue 986: He who rents a property and does not pay a sum under the title of key money, when the term of lease terminates, it is not permitted for him to remain in that property without the permission of the owner of the property. When he does not leave the property, he is considered a usurper and is liable for the property and liable for an equitable payment, whether the first term of rental was short or long, whether the value of this payment was elevated or not. When another person rents the property from this person, its rental is not proper, except with the permission of the owner. Issue 987: He who rents a property for a period of time along with paying the key money to its owner, it is permissible for him to rent that property to another person for that same amount as long as the term of the lease remains (in effect). However, it is permissible p: 303

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that he take the right of key money by any amount he can complete the agreement with. The consent of the owner of the property is also conditional in transferring the rental, except when he consigns this right to the lessee in the beginning of the matter.

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4) Rules of Insurance Issue 988: Insurance is a contract between the insured and the insurance company or he whose (business) is insurance. According to this, the foundation of establishing this (type of) company or that (type of insurance vending) person is the compensation of losses which are related to people or something (else) in exchange for (the amount) paid to that company or individual. This company, contract and independent transaction, when executed with the conditions, which will be mentioned in the upcoming issues, is proper whether the insurance is a kind of commercial manufacturer's (insurance) or construction or building or car or boat or airplane or employee and worker's or life insurance or the various types of insurance known to the knowledgeable in our present time. Issue 989: It is a condition that the two parties in the insurance contract be sane ('Aaqil) , mature (Baaligh) ; that they execute the contract of insurance with (clear) intent and free will. (It is also obligatory) that they not be incompetent (Safeeh). Likewise, it is obligatory, in addition to what was mentioned, that they specify all of the particularities. In brief (they are): 1) Specification of the basis of the insurance, is it building, or care or individual insurance? 2) Specification of the two parties p: 304

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of the contract. 3) Specification of the installments and, likewise, the amount that the insured is obligated to pay. 4) Specification of the period of insurance, for example, from now up to a year. 5) Specification of the risks which bring about damages, like the risk of burning, thunder, drowning, theft, death, illness or whatever other risk. 6) Specification of the value of the amount which is from the revenue of insurance, for example, to insure this house for a million Dinaar or more or less or by the current equitable value. All of these situations necessitate that one observes the universal principles in the habits of the intelligent. Issue 990: It is permissible to execute the wording of (the contract of) insurance in any language possible or that the contract be written on paper and signed.

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5) The Rules of Artificial Insemination (For Women) Issue 991: It is permissible to enter (implant) the sperm of man into the womb of his wife by injection or other means. However, it is obligatory the prerequisites of the action be permissible and lawful and that the forbidden and unlawful are avoided. Issue 992: It is not permissible to implant the sperm of a non-related man in the womb of a woman, whether it is with the permission of the woman or without her permission, whether she has a husband or not, whether her husband gives permission for that or not. If they do this and a child is born from it, if it resulted from confusion that a man thought it was for his wife or the p: 305

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wife thought it was the sperm of her husband and, later, it appeared otherwise, the child is from the same couple and the rules for the child will apply. However, when this comes about with knowledge or intent and (awareness) that it is unlawful, the child born from this sperm is not considered a child for the two and the rules of inheritance do not include the child. As for when the child is a girl, it is not permissible for the owner of the sperm to marry her. Likewise it is in the remaining issues related to marriage.

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6) The Rules of Transplanting Organs and Postmortems Issue 993: It is permissible to transplant the heart, kidneys and other organs, whether they be organs transplanted from a living person or deceased, whether the deceased be a Muslim or non-Muslim. However, it is not permissible to extract the organ from the body of a deceased Muslim and transplant it in the body of another person, except when the life of a Muslim depends upon it or there was another need. In every situation, if the organs of a deceased Muslim are extracted, there is blood money (Diyah). Its payment is obligatory according to what is established in the detailed books of jurisprudence. Issue 994: When the deceased gave permission in the state of his life that his organs should be put at the disposal of others for transplant into their bodies or his guardians give permission after his death for that, the ruling of blood money and the remaining rulings are not p: 306

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changed. The precaution is to pay blood money in every situation. Issue 995: It is only permissible to extract the organ of living people and implant it in other people as is usual and known in kidney transplants where one of the kidneys of a living individual are extracted and transplanted in the body of one whose both kidneys are damaged, when its owner consents and it does not expose his life to danger. The precaution, when taking a sum in exchange for that (organ) , it to put the (payment) as exchange for his permission for this action, meaning, taking his organ from him, not in exchange for the organ itself. Issue 996: The injection of human blood in the body of another human for treatment is permitted or for surgical activities or to save the life of a person, whether it be the blood of a Muslim or non-Muslim, a man or woman. There is no objection in selling and buying blood for this purpose. Issue 997: When an organ is separated from man, be he dead or alive, and transplanted in the body of another such that it becomes part of the body of the second person, it is not impure (Najis) nor part of a corpse (Maitah) in this situation. As such, there is no objection in prayer with it. Issue 998: It is permitted to dissect (as in a postmortem or autopsy) the body of the deceased Muslim for medical purposes with a number of conditions, they are: 1) That the p: 307

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purpose is education and to supplement known medical facts in order to save the lives of Muslims and that is such that it cannot be achieved except by a postmortem. 2) That the dead body of a non-Muslim is not available. 3) That (doctors) are content with the necessary extent (for their purposes). Therefore, whatever is in excess of that is not permitted. Then, a postmortem with these conditions is permissible, rather, obligatory, at times. These conditions, however, are not conditional for the dead body of a non-Muslim. Issue 999: Touching the bodies which are submitted for postmortems, when the deceased was a Muslim and had already been given the baths of the deceased (Ghuslul-Amwaat) , does not necessitate the Ghusl for touching the dead body (Ghusl Massil-Mayyit). In other than this situation, the Ghusl for touching the dead body is obligatory when one intends to pray or whatever has purity (Tahaarah) conditional in it. When (performing the Ghusl) brings about difficulty and distress, it is permitted to make Tayammum as a substitute for Ghusl. When the postmortem is on bones only, not flesh or on detached flesh, like the heart, veins and brain and whatever is similar to that, then, there is no Ghusl. The best, if one is able, is to wear gloves, then, in this situation, there is never a Ghusl (obligatory) for the one touching. Issue 1000: There is no blood money in the instances in which it is legally permissible to do a postmortem on the body of man.

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A number of Important Issues (People) Frequently Face 1 It is permitted p: 308

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to remain in the followership (Taqleed) of a deceased (Mujtahid). When the deceased (Mujtahid) was the most learned (A'alam) , remaining (in his Taqleed) is obligatory (in the manner which we have mentioned in the discussion of Taqleed to the most learned). 2 When Mixed Water is of a very large quantity such that an impurity falling in one place is not a cause of a ripple to the other side (like a large pool filled with Mixed Water) , then, all of it does not become impure with contact by an impurity. 3 When an animal is slaughtered by unlawful methods, it is pure (Taahir) although eating its flesh is forbidden. According to this, the hides of animals imported from non-Islamic countries are pure when we know that they are from slaughtered animals. 4 Mega-cities are cities in which each locality is an independent city. As for the likes of Tehran and those cities like it, it is not a mega-city. As far as the intent of residency or its being a hometown, all of it is considered one place. 5 He who intends to remain in one place for an extended period (like students who intend to reside in the Howzah 'Ilmiyyah for a number of years or traveling employees who reside in one place for two, three or more years and do not travel from that place except for specific purposes, the place of their residency is in the ruling of a hometown and their prayers there (are performed) in full, although they p: 309

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had not made the intent to reside there for ten days. 6 He whose occupation is driving (like drivers who work in open areas) or travel is a prerequisite of one's employment (like those who reside in a city and leave it to travel to cities for studies or other occupations) and the total of their going and coming is eight Faraasikh (43Km/26. 7 Mi) , their prayers (are performed) in full and it is obligatory for them to fast in the month of Ramadhan. 7 When something from a year's expenses, like a house, carpet, furniture and other necessities, are sold in that (time coming after a year) , Khums is not attached to its value, in particular, when they intend to replace it with its equivalent. 8 It is permissible to cut the head of an animal by mechanical means when the legal conditions mentioned in the discussion of slaughtering animals are observed. The likes of this animal is pure and lawful. 9 It is permissible to sell and buy radios and televisions and miscellaneous instruments which have lawful benefits and is considered lawful. 10 When a fish dies in the water after being captured in a net, it is lawful. 11 Interest schemes which do not have the intent of a gift as is common are invalid. Whereas a loan is given to someone, then, a settlement is made in its profit which, for example, could total hundreds of Dinaar with a Kilo of sugar and whatever is similar to that (it is invalid) and there p: 310

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is no basis for it. The additional amount is considered interest (Ribaa). 12 Bank transactions whether they are short term or long term deposits or loans which individuals receive from banks. The profits which are considered as compensation for that (transaction) are only lawful when they conform to legal measures and are completed according to the method of Islamic agreements and the one giving and receiving are certain or there is a reasonable probability that the responsible (employees) of the bank have established this activity in a legal manner according to their duty. As for when it is certain that these matters are superficial and imaginary and only ink on paper, that profit is unlawful for both parties. 13 Many people give a sum as a security for a house and receive a discount in payment. This action is proper in one instance and invalid in another instance. When the house is rented and the contents of the lease agreement stipulate that a sum be given under the title of a loan and the house is put up as a security, then, the transaction is proper. However, when the loan and the security were realized first and the contents of the lease agreement stipulate that the payment is reduced, this is unlawful and invalid. 14 Liability of another, be it in the situation of transferal of responsibility (meaning, that one make an agreement to pay a indebted person's debt) or in the situation of “adding responsibility to responsibility” (meaning that one make an agreement p: 311

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to establish the payment of a debt when the debtor does pay it) , it is proper and lawful in both instances. 15 Uncultivated lands do not become the property of anyone by mere registration, rather, it is necessary to revive it, meaning to prepare it for cultivation. 16 The one to be punished is not limited to strokes of the stick, rather, it includes financial penalties, prison, even identification of the criminal through means of notification and also whatever is comprised of that from the various types of punishments (of course, the selection of one of these matters is related to the opinion of the Religious Authority as is the manner of punishment and its particularities and remaining related matters. ) 17 In the Islamic covering (Hijaab) , there is no distinction in the type of dress or its color, rather, it is obligatory to cover the entire body besides the face and hands. However, wearing decorative clothing is not permitted, although the body is not visible. It is foremost to observe the conduct of the people of piety and religion among the Muslims. 18 Real individuals and individuals (involved in organizations, or corporate individuals) can be owners (of properties). It is permissible that they be one party in a transaction. According to this, if a charitable or domestic institution which is established has (corporate) individuals, they do not differ from real individuals. 19It is permissible that writing and signatures occur in all transactions in place of executing a verbal formula (Seeghah) , except in Marriage and Divorce p: 312

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wherein the obligatory precaution is to execute the verbal formula. 20 Cigarette smoking and the remaining types of smoking, when it contains an important harm by witness of experts, is forbidden. However, narcotics are forbidden without exception. 21 Selling and buying blood in order to save the life of an ill person is permitted. However, in selling and buying limbs of the body, like the kidney or something similar, then, the precaution is that when one wants to receive money, it will be accepted as compensation for his permission to remove the organ not compensation for the organ itself. Fundamentally, this action is permissible when it does not result in danger for the donor. 22 The seller and purchaser are free in specifying the price of a commodity. However, when this freedom is a cause of corruption and disruption of the economic system in Islamic societies, in some instances, it is permissible for the Religious Authority in these circumstances to set the price of commodities and require people to (adhere to those fixed prices). 23 Defense of Islamic nations is obligatory and it is not limited to the countries in which people may live, rather, all Muslims in the world are obligated that some of them defend Muslim nations or Islamic Holy Lands from foreign aggression. 24 Mudhaarabah (silent partnership) is that an individual or individuals assign property and establish that an individual or individuals act (in a agreed upon manner) with that sum. The profit is divided between the owner of the property and p: 313

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the one acting in accordance with the contract and agreement, each having a share of the profit. 25 It is not obligatory in Mudhaarabah that (the money) be in minted gold or silver, rather, Mudhaarabah is proper with any type of property. Just as it is not conditional that the assignment of property be in trade matters, rather, the assignment of property in matters of production is proper (like manufacturing, agriculture, herding and whatever is similar). According to this, it is permissible to sell the shares of the one transacting and manufacturing and the benefit resultant from its usage. 26 It is not necessarily conditional in Mudhaarabah that the share of the two sides be according to a collective deduction from the benefits (in other words, one half or one third or similar to that) , rather, it is permissible that one of the two sides specifies an amount of the profit for himself saying: I give this property to you in order that you transact with it (with me as the silent partner) , in exchange you will give me one hundred Dinaar from the profits of the transaction with the condition that the aforementioned silent partnership produces more profit than this amount. Otherwise, the Mudhaarabah is not proper. 27 The Mudhaarabah which banks establish with individuals who approach them, when the aforementioned legal conditions are observed and it is not merely ink on paper, is proper and the profit obtained from it is lawful. 28 Whatever loss is incurred without the negligence of the p: 314

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one transacting is connected to the principle (Ra’sul-Maal) and it is not permitted to make it the expense of the one transacting or divide it between (the one transacting) and the owner of the property. 29 The time of the Azaan of Fajr (for prayer and fasting) in the moon-lit and non-moon-lit nights is one (in the same). The standard is the appearance of light of the east in the horizon, although it may not appear due the affects of the sun's radiance. 30 It is permissible to dissect the body of man for medical purposes with the condition mentioned in Issue 998. We have already explained the ruling of touching the dead in Issue 999. 31 A check (Sakk) and Promissory Note (Kampayaalah) are of two kinds: Sometimes, the indication is that one has a right over another (like when someone sells something and the purchaser gives him a note for the amount). In this situation, it is permissible to pay the note as a deferred payment for a period of time to that individual (the current owner of the note) in order to take a lesser sum of cash than what is on the note. However, when there is no debt in compensation for this note, there is an objection to this transaction. 32 It is not permissible for interest free banks to make conditions for the borrower, in other words, to make a condition in compensation for the loan which (the bank) offers to the borrower, like saying to (the borrower) p: 315

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that you must open an account with us and have pre-existing savings or make it a condition to receive a gratuity fee. According to this, it is obligatory that the gratuity fees that it receives from customers are something independent and have no connection to the loan. 33 It is customary among people that they give a loan to the owner of a house and they take the house as a security and they make conditional in the contents of the contract that they have the right of residence in this house or (that they) give a reduced payment and smaller sum. This transaction is (related to) interest and forbidden. The proper method is that first the lessee rents the house, although it be with an insignificant amount. Then, it is made conditional in the contents of the lease contract that a sum of money is given like a loan from the renter for the owner. The house is a security in compensation for this money. Then, in this situation, there is no interest in this transaction and the transaction is proper. 34 Friday Prayer. Salatul-Jumu'ah (Friday Prayer) , as we had mentioned in Issue 289, is obligatory in the time of the sacred lawgiver (the Holy Prophet, may the Blessings of Allah be upon him and his family) , the Infallible A’immah, upon them be peace (and the time of) the specific representative of the Imam. However, in the time of the absence of the Imam Al-Mahdi (may our souls be his ransom) it p: 316

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is Waajib Takhyeeri, meaning that if any one of the two prayers, in other words, Friday Prayer and Salatuz-Zuhr, are performed, it is sufficient. However, the precaution is to prefer Salatul-Jumu'ah in the era of the formation of the Islamic government. 35 It is obligatory that Friday Prayer be performed in the manner of a congregation. In the convening of the congregation, it is conditional that the number of individuals of the congregation be five at the minimum (the Imam of the Friday Prayer and four followers). 36 The Friday Prayer is not obligatory upon travelers, women, the sick and the disabled. However, when these (categories of people) are present and pray the Friday Prayer with the congregation, their prayers are correct. However, the precaution is that the five original worshippers in the Friday Prayer are other than these (categories of people). 37 It is obligatory that there not be a distance less than one Farsakh (5. 4 Km/3. 4 Mi. ) between two congregations both praying the Friday Prayer. When (the distance was) less than that,

the congregation which precedes (the other) in time is proper and the second is invalid (meaning second in convening the congregation). 38 Those who live around two Faraasikh (10. 8 Km/6. 8 Mi) from the place of the Friday Prayer, the rule of Friday Prayer includes them. When there is an obligatory Friday Prayer (in that area) , their presence is obligatory in this prayer. 39 The time of the Friday Prayer is from the beginning of Zuhr in the amount (of time necessary p: 317

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for) the Azaan, the sermon (Khutbah) and the prayer, according to the customary practice. When this amount of time has lapsed, the time for Friday Prayer terminates and it becomes obligatory to perform Salatuz-Zuhr. 40 The method of The Friday Prayer. The Friday Prayer is considered as two Raka'ah, like Salatul-Fajr, and two sermons (which are obligatory) to be given before the prayer. It is obligatory that the two sermons include the following matters: 1) Praise and glorification of Allah. 2) Prayers upon the Prophet Muhammad and the family of the Prophet Muhammad, may the Blessings of Allah be upon him and his family. 3) An exhortation, guidance and advice for fear of Allah 4) Recitation of a short Surah in each sermon, like Surah Al-Ikhlaas and Surah Al-Kaafiroon or Surah Al-'Asr, according to obligatory precaution. 5) Just as it is obligatory upon the leader (Imam) to implore forgiveness for himself and the believing men and women, in the second sermon he should pray upon the Infallible A’immah, upon them be peace, mentioning their names one by one when praying for them. According to this, the first sermon includes five parts and the second sermon includes six. It is obligatory that the leader give the two sermons in the state of standing; that he sit a moment between (the two sermons) ; that his voice reach (as many) worshippers as he is able and that he admonish and give guidance (in the two sermons) in the language and expressions which people understand. 41 The speaker (in Friday Prayer) should p: 318

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wear the Turban ('Amaamah) and cloak ('Abaa’ah) and lean on a staff or something similar to that, (and he should) greet the believers before beginning the sermon, (and likewise,) he should explain to people the important political, social and ethical issues related to Muslims and the Islamic world and, in particular, to that region. (He should) advise them of their duties and obligations in face of these issues and warn them of the strategies of the enemies and their agents. A summary: It is necessary for the speaker (in Friday Prayer) to take the most advantage of whatever is possible in the sermons in reforming souls and familiarizing people with the important issues which is one of the original purposes of this sermon. The sermon should be in a clear, eloquent and penetrating language in order that the sermon has the maximum affect on the souls of people; (and that) the benefit of this religious, political duty be completed in a perfect manner; (that) divisive issues are avoided and that the Muslims are called to unity in face of their enemies. 42 The obligatory precaution is that the worshippers, at the time of the two sermons of Friday Prayer, are with purification (Tahaarah) ; that they sit in front of the Imam and observe silence and listen to the sermons. However, when one of them intentionally talks during the sermon, his prayer is not invalidated, although he has committed an offense (of deviation from the proper etiquette). 43 When the follower did not hear the p: 319

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sermon and shared in the prayer, or he only reached (in time) for one Raka'ah, the Friday Prayer is correct. However, the obligatory precaution is that one not be late intentionally. 44 It is obligatory that the sermon be after the Azaan of Zuhr. When the two sermons were performed before Zuhr, they are to be repeated. (Compiled on the 24th of Rajab 1414)

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A Glance at the Life of his Eminence Ayatullah al-‘Uzma Makarim Shirazi His eminence was born in a well known religious family in the city of Shiraz, Iran in the year 1345 A. H. (cir. 1927 A. D. ). His father, Al-Hajj Ali Muhammad Makarim, his grandfather, Al-Hajj Abdul-Kareem and his great grandfather, Al-Hajj Baqir were outstanding personalities of the city of Shiraz. In spite of the fact that there were no individuals of a scholarly theological background in his family, a great inclination and abundant love of Islamic knowledge and sciences directed his eminence, in a delicate manner, toward theological studies and selection of this path. He began his formal religious studies when he turned fourteen by officially joining the Theological Seminary at Shiraz called the Agha Baba Khan Theological Seminary. Due to his remarkable genius, he accomplished his basic, intermediate and advanced studies in about four years. In the beginning of his eighteenth year of age, his eminence entered Howzah 'Ilmiyyah of Qom and attended the lectures of great jurists such as Ayatullah Al-'Uzma Burujardi and other remarkable scholars (may Allah be pleased with them all). After several years, he went to Howzah 'Ilmiyyah in Najaf and attended the lectures of its great p: 320

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jurists like Ayatullah Al-'Uzma As-Sayyid Muhsin Al-Hakeem, Ayatullah Al-'Uzma As-Sayyid Al-Khu’i, Ayatullah Al-'Uzma As-Sayyid Abdul-Hadi Ash-Shirazi (May Allah sanctify their pure souls) and other renowned teachers. He received the authority of absolute Ijtihaad from two distinguished Grand Ayatullahs from Najaf when he was 23 years of age. After returning to Iran, his eminence undertook the teaching of advanced level courses (at the Howzah 'Ilmiyyah of Qom) and later he began teaching the highest level of the principles of jurisprudence (Usoolul-Fiqh) and jurisprudence (Darsul-Khaarij). His lectures of jurisprudence are very popular among students and scholars and he has been teaching these courses continuously now for thirty years. He has been able to offer four complete courses in jurisprudence at the level of Darsul-Khaarij and he is currently conducting his fifth course of Usool and Darsul-Khaarij from the past five years. Along with this, he has taught very important chapters of Fiqh, also at the level of Khaarij, and has produced written and research on these subjects. His lectures of Khaarij in Fiqh and Usool have the highest attendance of students among all Shi'ah Howzaat-e-'Ilmiyyah, where more than two thousand students and distinguished scholars participate regularly. From his youth (about 47 years ago) , his eminence began writing books on different topics like Islamic Doctrines (of belief) , matters pertaining to leadership, commentary on the Holy Qur’an, Fiqh and Usool. He is considered one of the great authors of the Muslim world. More than one hundred books of his eminence have been published, some have been repeatedly reprinted, p: 321

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some up to thirty editions. Many are translated into many of the active international languages of the world. His comprehensive work, Al-Amthaal Fi Tafseer Kitaabi-llahil-Munzal, an encyclopedia on the commentary of the Holy Qur’an, is one product of his scholarly work (compiled in 37 volumes). His commentary is present in the homes of many people. Indeed, this commentary and his topic-wise commentary (The Message of The Qur’an) , has opened a new chapter in the field of commentary. His books on Islamic doctrine were a great reference for the Howzah and university students at the time when the materialistic deviation and intellectual attacks were fully engaged in Iran. Among his books on jurisprudence are Anwaarul-Faqaahah, Al-Qawaa’idul-Fiqhiyyah (Legal Principles) and his complete and detailed analysts on the margins of Al-'Urwatul-Wuthqa has been published numerous times. This book, Zubdatul-Ahkaam (A Summary of Rulings) has been translated into Persian and Urdu. His eminence had an active role in the forefront of the Islamic revolution. During the time of the tyrant's rule (the former Shah of Iran) , he was exiled three times to the remote cities of Chahbaar, Mahabad and Anark. Also, he had an important role in writing the Islamic Constitution in the first council of experts. May Allah make him succeed in attaining His pleasures and may He assist him with His succor. Kalimatud-Daar 1st Sha'baan 1414 A. H.

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A Glossary of Terms • A'alam The Mujtahid considered most knowledgeable. • A’immah Plural of Imam, leaders, as in: A’immah Ma'sumeen (the twelve Infallible Leaders). • 'Aadil The just individual • 'Aaqil The sane person • 'Abaa’ah The cloak p: 322

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like over garment worn by the Holy Prophet and traditionally by 'Ulamaa’. • Adaa’ A current duty, like a prayer whose time is current. • 'Adaalah The quality of being just. • Aghsaal Baths, the plural of Ghusl. • 'Ahd Covenant, agreement. • Ahkaam Legal rulings, laws. Plural of Hukm. • Ahlul-Bait The near relatives of the Holy Prophet (S) mentioned in Qur’an (33: 33) as the Ahlul-Bait (AS). They are Imam 'Ali, Fatimah Az-Zahraa’, Imam Al-Hassan and Imam Al-Husain, peace be upon them all. • Ahlul-Kitaab “People of the scripture” a Qur’anic term used for Christians and Jews. • Ajnabi/Ajnabiyain Unrelated individuals or two unrelated individuals. • Al-Adillah Al-Arba' The four evidences, namely: 1) the Holy Qur’an; 2) the Sunnah or custom of the Holy Prophet (S) and his infallible successors (AS) ; 3) Ijma' or the consensus of the 'Ulamaa’ and 4) 'Aql or reasoning. • Al-Haakim Ash-Shar'i The Religious Authority or judge. • Al-Hamd Surah Al-Fatihah, the opening chapter of the Holy Qur’an, literally, “the Praise. ” • Al-Mahdi The awaited Imam (AS) , the last in the chain of twelve A’immah whose presence is concealed until the last days. • 'Amaamah A turban. • Amaanaat A trust. Something placed in the care of another. • Ameerul- • Mu’mineen An honorary title of Imam 'Ali (AS) , “Leader of the Believers • 'Araqul- • Hayawaanil-Jallaal The sweat of an impurity eating camel. • Arkaan Pillars (as in pillars of prayer) , plural of Rukn. • Awliyaa’ A title given to those who are deemed nearest to Allah. Also Awliyaa’ Allah. • 'Awraat Private parts. • Ayatullah Al-'Uzma A Grand or senior Ayatullah. • Aynun-Najaasah An actual p: 323

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source of impurity, like blood. • Azaan The Islamic call to prayer. • Azra' A measurement equal to about a arm's length. • Baa’in The irrevocable divorce. • Baaligh A person reaching the age of legal maturity, a minimum of 10 years for girls and a maximum of 16 years for boys. • Basmallah The recitation of Bismillahir-Rahmanir-Raheem “In the Name of Allah, the Beneficent, the Merciful. ” • Bi’r A well. • Buloogh Legal maturity as defined by Islamic law. • Daa’imah The woman married in a permanent marriage. Also, the permanent marriage. • Dayn A financial obligation or debt. • Dharoori Imperative, necessary. • Dinaar A gold coin used in Muslim countries. • Dirham A silver coin used in Muslim countries • Diyah Blood money given as compensation for accidental injuries and death and other reasons. • Dua' Supplication, prayer. • 'Eid Day of celebration, holiday. • 'Eidul-Adhha The holiday commemmorating the Prophet Abraham's intended sacrifice of his son, Ismaa’il on the 10th of Zil-Hijjah. • 'Eidul-Fitr The holiday commemmorating the end of the month long fasting of the month of Ramadhaan on the 1st of Shawwal. • 'Eidul-Ghadeer The holiday commemmorating the appointment of Imam 'Ali (AS) as the successor of the Holy Prophet on the 18th of Zil-Hijjah. • Fadheelah The time of increased of reward in prayers. • Fajr Morning time before sunrise. • Faqeer A poor person, meaning one who does not have his yearly expenses on hand nor the means to earn it properly. • Faraa’idh The obligatory acts. • Farsakh/Faraasikh A unit of measure equal to approximately 5. 4 Kilometers or 3. 4 miles. • Faskh Invalidation of a p: 324

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contract or agreement. • Fatimah Fatimah Az-Zahraa’ (AS) , the beloved daughter of the Holy Prophet (S) and one of the 14 Infallibles. • Fiqh Islamic law and jurisprudence. • Fitrah An obligatory charity in the amount of one Saa’ of food (3 Kilograms/6. 6 Pounds) given to the needy on 'Eidul-Fitr. • Fuqqaa' A type of beer made from barley and similar things. • Furoo' A branch, as in a branch of religion, Furoo'ud- Deen, meaning the practical aspects of faith. • Ghaa’it Stool. • Ghair-e-Mu'ayyin Unspecified, left undetermined. • Ghasbi Usurped, taken or used without ownership or proper permission of the owner. • Ghayth Rain, rain water. • Ghulaat The extremist who claimed that Imam 'Ali (AS) was God, they are considered to be non-Muslims. • Ghusl A bath according to Islamic law. • Ghuslul-Amwaat The bathing of the deceased. Actually comprised of three separate baths which are obligatory before burial. • Haa’idh The woman experiencing menstrual bleeding. • Haidh Menstruation. • Hajj Pilgrimage to the Holy Ka'abah in Makkah to perform specific rites and ceremonies. • Halaal Lawful, permissible. • Haraam Forbidden, unlawful. • Hawaalah Note of exchange, promissory note. • Hijaab Islamic covering for women. • Hijri Related to the Islamic calendar. • Howzah/Howzaat Theological institutions and religious centers. • Hunoot/Tahneet Applying camphor to a deceased person. • Husainiyyah A building used to hold religious gatherings such as mourning sessions or Majaalis-e-Azaa’. • Hussain The famous grandson of the Holy Prophet who was martyred unjustly in Iraq 50 years after the Prophet's death. • 'Iddah Voluntary seclusion of a woman for a certain period of time after her husband proclaims the divorce or after p: 325

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her husband's death. • Ihraam A state wherein certain acts are prohibited as when performing the pilgrimage and in prayer. • Ijaab One of the two essential elements of a contract ('Aqd): the consent. The other element is the acceptance or Qabool. • Ijaarah To rent, hire or lease something or someone. • Imaamah Leadership or the office of leadership. • Imamiyyah One of the names of the Shi'ah sect, meaning that it is related to the Imam. • Infallibles Those who are counted as pure and faultless in Shi'ah theology. They include the Prophet Muhammad (S) , his daughter Fatimah, (AS) , her husband Imam 'Ali, their two sons, Al-Hasan and Al-Hussain (AS) and the nine descendants of Al- Hussain (AS) , the last of which is Imam Al-Mahdi (AS) , whose reappearance we anxiously await. • Inqilaab The purification of wine due to the evaporation of two thirds of it when heated. • Intiqaal The transfer of an impurity, namely blood, from one person or animal to another person by means of an insect. • Iqaamah Part of the call to prayer recited to announce the actual beginning of the prayer. • Irtimaasi Immersion, as Ghusl Irtimaasi, an immersion bath. • Ishkaal An objection or area of concern. • Istibraa’ The process of removing urine and semen from the urinary tract. Also, to quarantine an impurity eating animal until its system becomes clean again. • Istihaadhah Irregular bleeding in a woman not associated with menstruation (Haidh) or childbirth (Nifaas). • Istihaalah Purification due to the physical change of the impure substance into another substance. • Ithna 'Ashari p: 326

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Twelve. UsuallyShi'ah Ithna 'Ashari, meaning one who follows the Holy Prophet (S) and the twelve Infallible A’immah. • Iwadhain The two items exchanged in a contract of sale, i. e. , the commodity (Muthman) and the payment (Thaman).

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• Izaar Outer covering of the burial shroud or Kafan which covers the entire body. • Jaari Flowing, as in Maa’ul-Jaari or flowing water. • Jabeerah A bandage, cast, splint and similar things which cover a wound or breakage. • Jallaal An animal contaminated by eating human feces in particular. • Janaabah The state of ritual impurity resultant from sexual intercourse or discharge of semen. • Jimaa' Sexual intercourse. • Junub The person in the state of Janaabah or ritual impurity. • Ka'abah The House of Allah, the Holy Sanctuary built by the Prophet Abraham in Makkah. The place which Muslims pray towards daily and where the pilgrimage (Hajj) is performed. • Kaafir A non-Muslim. • Kaafoor Camphor. • Kafan The burial shroud. • Kaffaarah An atonement, usually for the lapse of one's duties or inability to perform a certain obligation. • Kalb Dog. • Kampayaalah Promissory Note. • Kanz Treasure. • Khala' The type of divorce in which the woman returns her dowry or gives the husband some other property in exchange for his granting her divorce. • Khamr Wine. • Khawaarij An early deviant sect which rebeled against Imam 'Ali (AS) during his rule. They are ruled as non- Muslims. • Khinzeer Pig. • Khiyaar A right of invalidation in a contract or agreement. • Khol Antimony, used for strengthening the eyes. • Khums An obligatory tax on excess wealth. • Khutbah A sermon. • Kufah A city p: 327

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in 'Iraq, once the seat of government during the rein of Imam 'Ali (AS) • Kurr A measurement of volume equal to approximated 102 US Gallons. • Luqtah A lost property. • Ma'soomeen The Inafflibles (ref.: Infallibles) • Ma'zoor Excused, as one who is excused from fasting, for example. • Ma’tam A ritual of mourning. • Mab'ath The time when the Prophet (S) publicly announced his mission as a Prophet to the people of Makkah at the age of 40. • Mabtoon A person afflicted with a gastronomic illness that prevents him from hold back his stool properly. • Maghrib The time of sunset. • Mahr A dowry. • Mahr Mithl A standard dowry. • Mahram A related person. One who it is not permissible to marry due to blood relation or family affinity. • Maitah An animal which has died on its own without proper slaughtering. • Makkah The birth place of the Prophet of Islam (S) and location of the Ka'abah, the direction toward which Muslims pray. • Makrooh A disliked action according to Islamic law but not unlawful. • Maniy Semen. • Mann (Tabreezi) A unit of weight used in Iran equivalent to 2. 94 Kg/6. 48 Lbs. • Masjid A Mosque. • Masloob Crucified. • Masloos A person afflicted with a urinary disorder which leaves a person unable to control their urine. • Massil-Mayyit Touching a dead body. • Matar Rain or rain water. • Mayyit A dead body or deceased person. • Mi’zar A loin cloth. One of the three parts of the burial shroud or Kafan. • Mihraab A niche in the wall of a Mosque in which the Imam p: 328

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usually stands facing toward the Qiblah. • Miskeen A destitute and needy person. • Miswak A toothbrush made from a twig that is chewed until soft and pliable. • Mithqaal (Ma'mooli) A common Mithqaal, approximately 4. 68 grams. • Mu’ajjir The lessor or property owner in a lease/rental agreement or Ijaarah. • Mu'aamalah A transaction, meaning a transaction of property like a sale, rental, loan, etc. • Mubaah Something which is lawful due to the fact that it does not have a formal ruling in Islamic law. • Mubaara’ah An irrevocable divorce in which both husband and wife desire a divorce. • Mubtadi’ah The female who is experiencing menstrual bleeding for the first time. • Mudd A measurement equivalent to approximately 1. 7 Lbs or 350 Kgs. • Mudhaaf Mixed water. • Mudhaarabah A silent partnership where one person gives a sum of money to another to transact an agreement in exchange for an agreed upon portion of the proceeds of the transaction. • Mudhtaribah A woman who has an irregular or disturbed habit of menstrual bleeding. • Muhtadhir A person in the grasp of death. • Mujtahid An Islamic jurist capable of independent derivation of legal rulings from the Islamic sources of law. • Mukallaf/ • Mukallafeen One deemed as responsible and accountable under Islamic law. • Muqridh Lender. • Murtahin The one accepting a security or Rahn, like a pawnbroker. • Muskir A liquid intoxicant, like wine, beer, whiskey, etc. • Mustahaadhah A woman having irregular bleeding or Istihaadhah. • Mustahabb/ • Mustahabbaat Recommended acts. • Mustahiqq One eligible and worthy of charities like Sadaqah, Zakah and Khums. • Mustaqridh Borrower. • Musta’jir Lessee, renter. • p: 329

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Mutahhir/Mutahhiraat Something capable of purifying an impure substance, like water. • Mut'ah Temporary or fixed term marriage. • Mutanajjis Something which is contaminated by an impurity although not possessing the source of the impurity itself. • Muthman The commodity in a sales agreement. • Mutlaq Water Pure Water • Muwaalaah Continuity, meaning that actions must be performed with continuity and continuation. • Naafilah/Nawaafil A voluntary prayer. • Naasiyah The woman who has forgotten her established custom in menstruation. • Nabiy A Prophet. • Nafsaa The woman having bleeding due to childbirth. • Nairooz The Persian new year. • Nahr The method of slaughtering a camel. • Najaasah/Najasaat An impure substance according to Islamic law, like blood and urine. • Najis Something containing Najaasah or an impurity. • Nasee’ah A credit transaction. • Nasibi Those who bore open emnity to the Ahlul-Bait (AS) in general and Imam 'Ali (AS) in particular. • Nazar Viewing, looking, for example, a man looking at a woman. • Nazr A vow. • Nifaas Bleeding which a woman experiences after childbirth. • Nikaah Marriage. • Nisaab A established minimum quantity used for calculating Zakah and Khums payments. • Niyyah Intention in matters of worship. • Qabdh To take possession of something. • Qabool One the essential elements of a contract or agreement. It is the acceptance of an offer or consent to transact. The consent is called Ijaab. • Qadhaa’ The performance of a duty which has lapsed unperformed, like a prayer which was not performed in its proper time. • Qadhiy A judge in an Islamic court. • Qaleel Water A small quantity of water that is less than a Kurr p: 330

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or 102 US Gallons.

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• Qamees Literally, a shirt. One of the three pieces making up the death shroud or Kafan. • Qardh A loan. • Qardhul-Hassanah An interest free loan. • Qasam An oath. • Qiblah The direction of the Holy Ka'abah, the direction to which Muslims pray. • Qiraa’ah Recitation of the Holy Qur’an. • Qiyaam The standing position in prayer. • Qunoot The supplication made in prayer in the 2nd Raka'ah. • Quraish The tribal group of the Holy Prophet • Qurbah The intention to perform a duty only for the sake of Allah, to gain nearness to Him and fulfill one's duty. • Raahin The one who gives property as a security. • Rahn Property given as a security. • Raj'I The revocable divorce. • Ra’sul-Maal The principle, meaning the sum which is invested. • Raka'ah One cycle in prayer. • Ramadhaan One of the holy months on the Islamic calendar in which Muslims fast during the day time hours. • Rasheed A attribute given to the person who is reasonable in that he knows what is in his advantage and disadvantage. • Ribaa Interest. • Rujhaan An inclination toward one direction or another. • Rujoo' The right of the husband, in a revocable divorce, to return to his wife and cancel the divorce process. • Rukn A pillar of prayer. • Rukoo' The bowing position in prayer. • Sabirtu Spirit, commercial alcohol. • Sayyid/Sadaat A descendant of the Bani Haashim (the Prophet's family branch of the Quraish tribe). Also, the descendants of the Infallibles. • Safeeh An incompetent person in Islamic law. One who is incapable of managing his affairs, p: 331

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particularly financial affairs. Islamic law generally regards the transactions which the Safeeh engages in to be invalid. • Sahm A share, as in the two shares of Khums, Sahm Al- Imam and Sahm As-Sadaat (the share of the Imam and the share of the descendants of the Prophet). • Sajdah Sahw Two prostrations that are performed to rectify some inadvertent mistakes committed during the prayer, like forgetting one prostration. • Sakk A note or check. • Salaf An advance payment transaction. • Salatul-Wahshah A special voluntary prayer for a deceased which is performed on the night of his burial between Maghrib and 'Ishaa’. • Salatul-Ayaat The Sign Prayer, an obligatory prayer performed upon the occurrence of eclipses, earthquakes and other extraordinary natural occurrences. • Salatul-'Asr Mid-afternoon prayer. • Salatul-'Eid Prayers of the two high celebrations of 'Eid (Ref: 'Eid). • Salatul-Fajr The morning prayer, also called Salatus-Subh. • Salatul-Ihtiyaat The prayer of precaution, performed when one has doubt in the number of Raka'ah performed. • Salatul-'Ishaa’ The evening prayer said after sunset when the sky darkens. • Salatul-Istisqaa’ The prayer for rain. • Salatul-Jamaa'ah Congregational prayer. • Salatul-Jumu'ah Friday Prayer. • Salatul-Lail The late night prayer, usually performed after sleeping and before the morning prayer. • Salatul-Maghrib The sunset prayer. • Salatul-Mayyit The prayer for the deceased. Also called Salatul- Amwaat. • Salatul-Musaafir The prayer of the traveler, meaning a prayer shortened from four Raka'ah to two Raka'ah due to traveling. • Salatush-Shaf' Two Raka'ah prayer which is part of the eleven Raka'ah of the late night prayer (Salatul-Lail). • Salatuz-Zuhr The noon time prayer. • Salawaat To send salutations and p: 332

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prayers upon the Prophet Muhammad (S) and his family. Also, the plural of Salah. • Sarqufali Key money. An arrangement in a lease/rental agreement where an individual reserves the priority in rental of a property in exchange for a sum of money. • Sayyid/Sayyidah Male/female descendant of one of the twelve A’immah. • Seeghah A verb formula used in executing contracts and agreements, like sales contracts, marriage, etc. • Shaakhis A stick used to determine the time of Zuhr and 'Asr prayer by measuring the shadow that it casts. • Shahaadatain The recitation of the two fundamental beliefs of a Muslim: I bear witness that there is no God except Allah and I bear witness that Muhammad (S) is His Messenger! • Shaheed A Martyr. • Shakk Doubt. • Sidr The leaf of the Lotus tree which is used in one of three baths given to a deceased Muslim. • Suhoor An early morning meal before beginning the fast at Fajr time. • Sujood Prostration. • Surah A chapter of the Holy Qur’an. • Ta'qeebaat The actions which follow the prayer. • Taahir Pure according to the Islamic law. • Tab'iyyah Subordination. The idea that one thing will become pure when another thing becomes pure, for example, one's hands will become pure when the impure cloth which one is washing becomes pure. • Tahaarah Purification. Cleanliness and purification according to Islamic law, including Wudhu’ and Ghusl. • Tahajjud Another name for the late night prayer (Salatul- Lail). • Tajweed The science of proper recitation of the Holy Qur’an. • Takbeer/Takbeeraat Saying: Allahu Akbar ”Allah is the Greatest. ” Repeated p: 333

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frequently in the prayer. • Takfeen The process of wrapping the Islamic death shroud or Kafan. • Takfeer Folding the hands in prayer. • Tallaaq Divorce. • Taqiyyah Hiding of one's faith to avoid danger or persecution. • Taqleed Following a Mujtahid in matters pertaining to the practical laws of Islam. • Tarteeb Sequence, proper order. • Tasbeeh Glorification, praise • Tasbeehaat Al-Arba' The Zikr recited in the third and fourth Raka'ah of prayer in place of Surah Al-Hamd. • Tashahhud The recitation of the Shahaadatain in the prayer. • Taubah Repentance. • Tawaaf To circle, make a circle around something. To circle around the Holy Ka'abah as one of the rites of the pilgrimage. • Tawheed The Unity of Allah, the concept that Allah is One without an partners or peers. • Tayammum Dry purification used as a substitute of Wudhu’ and Ghusl for specific reasons. • Tayyibul-Walaadah Legitimate birth, meaning that the parents of a child were married at the time of the conception of a child. • Thaman The payment in a sales transaction. • Turbah Soil, dirt. • 'Ulamaa’ Scholars, plural of 'Aalim. • Ummah The Muslims worldwide, the Muslim nation. • 'Umrah The Lesser pilgrimage, a shortened pilgrimage. • Usool Fundamental principles as in the Usoolud-Deen, the Fundamentals of Faith. • Waajib-e-'Ayni An individual obligation like praying and fasting. • Waajib-e-Kifaayah A type of obligation which is incumbent upon Muslims as a whole, not individually. Like the burial of a fellow Muslim. Whoever buries the Muslim removes the obligation from the remainder of the community. However, if no one comes forward to take care of the obligation, p: 334

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the Muslims will have committed a sin. • Waajib-e-Takhyeeri An obligation which has an option to follow it or another obligation. For example, one can pray Friday Prayer or Salatuz-Zuhr, one has the choice between two obligations. • Waaqif A person donating property as an Islamic Trust. • Wakeel A representative. • Waliy Legal guardian, like a father, grandfather. • Waliyul-Amr The Guardian of the affairs of Muslims. The position of the top Religious Authority. • Waqf An Islamic Trust. • Wasiyah A will. • Waswaas Literally, the whispering of satan. Also, excessive doubts which occur to people. • Witr The one Raka'ah prayer that is part of the late night prayer (Salatul-Lail). • Wudhu’ A ritual of purification necessary before prayer and other acts of worship which require purification. Involves washing the face, arms from the elbows to the fingers, wiping the head and feet. Also called ablution. • Yaa’isah The woman who has reached the age of fifty which Islamic law regards as menopausal or unable to bear children. The age is sixty for women of the Quraish tribe.

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• Yameen An oath. • Zaatul-'Aadatil- • 'Adadiyyah A woman possessing a regular custom in the number of days with regard to her menstrual cycle. • Zaatul-'Aadatil- • Waqtiyyah A woman possessing a regular custom relating to the start of her menstrual cycle. • Zakah An obligatory and, sometimes recommended, charity given on animals, agriculture and gold and silver. • Zakatul-Fitr An obligatory charity given to the poor after the month of fasting (Ramadhaan). • Zann Assumption, less than certain knowledge. • Zawaal The time when the sun passes p: 335

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its zenith and begins to decline. Marks the beginning of the noon prayer or Salatuz-Zuhr. • Zhimmi One of the people of the scriptures or Ahlul-Kitaab that resides in a Muslim country and, therefore, protected by Islamic law. • Zikr The recitation of glorification and praise of Allah, the Exalted. • Ziyaarah/Ziyaaraat Literally, to visit. Used primarily in the meaning of the visitation of the graves of the Infallibles, may peace be upon them. • Zuhr Noon time or the noon-time prayer (Salatuz- Zuhr).