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TAQLÍD |
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TAQLÍD |
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-1. It is necessary for a Muslim to believe in the fundamentals of faith with his own insight and understanding, and he cannot follow anyone in this respect, i.e. he can not accept the word o f another who knows them, simply because he has said it. Ho were, one who has faith in the true tenets of Islam, and manifests it by his deeds, is a Muslim and Mumin, even if he is not very profound, and the laws related to a Muslim will hold good for him. In matters of religious laws, apart from the ones clearly defined, or ones which are indisputable, a person must:
ˇ Either be a Mujtahid (jurist) himself, capable of inferring and deducing from the religious sources and evidence;
ˇ Or if he is not a Mujtahid himself, he should follow one, i.e. he should act according to the verdicts (Fatāwā) of a Mujtahid;
ˇ Or if he is neither a Mujtahid nor a follower (Muqallid), he should act on such precaution which should assure him that he has fulfilled his religious obligation. For example, if some Mujtahids consider an act to be unlawful (Halal (allowed)), while others say that it is not, he should not perform that act.
Similarly, if some Mujtahid consider an act to be obligatory (Wājib) while others consider it to be recommended (Mustaåāb), he should perform it.
Therefore, it is obligatory upon those persons who are neither Mujtahids, nor able to act on precautionary measures (Ihtiyat), to follow a Mujtahid.
2. Taqlíd in religious laws means acting according to the verdicts of a Mujtahid it isnecessary for the Mujtahid who is followed, to be male, shi ah Ithna-`Ashariyyah, adult (Bāligh), sane, of legitimate birth, living and just (`Adil).
A person is said to be just when he performs all those acts which are obligatory upon him, and refrains from all those things which are forbidden to him.
And the sign of being just is that one is apparently of good character, so that if enquiries are made about him from the people of his locality, or from his neighbours, or from his nei ghbouers, or from those persons with whom he lives, they would confirm his good conduct. And it is necessary that the Mujtahid who is followed be Alam (the most learned), who is more capable of understanding the divine laws than any of the contemporary Mujtahids.
3. There are three ways of identifying a Mujtahid, and the Alam:
ˇ When a person is certain that a particular person is a Mujtahid, or the most learned one. For this, he should be a learned person himself, and should possess the capacity to identify a Mujtahid or an Alam;
ˇ When two persons, who are learned and just and possess the capacity to identify a Mujtahid or the Alam, confirm that a person is a Mujtahid or an Alam, provided that two other learned and just persons do not contradict them. In fact, being a Mujtahid or an Alam can also be established by a statement of only one trusted and reliable person;
ˇ When a number of learned persons who possess the capacity to identitya Mujtahid or an A lam, certify that a particular person is a Mujtahid or an Alam, provided that one is satisfied by their statement.
4. There are four ways of obtaining the verdicts of a Mujtahid:
ˇ When one hears from the Mujtahid himself.
ˇ When the verdict of the Mujtahid is quoted by two just persons.
ˇ When one hears the verdict from a person whose statement satisfies him.
ˇ By reading the Mujtahids book of Masail (religious rules or matters), provided that, one is satisfied about the correctness of the book.
5. If an Alam Mujtahid gives a Fatwa on some matter, his follower cannot act in that matter on the Fatwā of another Mujtahid. But if he does not give a Fatwā, and expresses a precaution (Ihtiyat) that a man should act in such and such a manner, for example if he says that as a precautionary measure, in the first and second Rakah (unit) of the prayer (Salat) he should read a complete Surah after the Surah of Åamd, the follower may either act on this precaution, which is called obligatory precaution (Ihtiyat-ul-Wājib), or he may act on the Fatwa of another Mujtahid, while consideringthe srquence of learnedness hence, if he (the second Mujtahid) rules that only Surat-ul-Åamd is enough, he (the person offering prayers) may drop the second surah. The position will be the same if the Alam Mujtahid expresses terms like Taammul (contemplation) or Ishkal (objection).
6. If The Alam Mujtahid observes precaution after or before having given a Fatwā, for example, if he says that if a Najis (impure) vessel is washed once with a kurr water (about 388 litres), it becomes Tahir (pure ), although as precatonary measure, it should be washed three times, his followers can abandon acting according to this precaution. This precaution is called recommended precaution (Ihtiyat-ul-mustahab).
7. If a Mujtahid, who is followed by a person dies, his category will be the same as when he was alive. Based on this, if he is more learned than a living Mujtahid, the follower must continue to remain in his Taqlid. And if the living Mujtahid is more learned, then the follower must turn to him for Taqlid. And if their differencein learnedness is not lenouin or they are identical, he has the option to act on the verdicts of either of them, except in cases of brief knowledge about the duty or raising a brief argument on it, like the cases of diversity of the verdicts in full or shortened (Qaær) prayer, in which, as an obligatory precaution, both verdicts should be observed. The term. Taqlíd used here implies only an intention to follow a particular Mujtahid, and does not include having acted according to his Fatwa.
8. It is obligatory for a follower to learn the Masail (matters) which he considers probable that if they are not learned, he may commit sins (i.e. abandon an obligatory act or do an unlawful act).
9. If a person performs his acts for some time without Taqlíd of a Mujtahid, his former actions would be valid if they were according to the verdicts of the new Mujtahid, who can be his Marja, otherwise they would be valid only when he is considered as ignorant but not negligent, and the defecf of the actions was not in elementals (Rukns) and the like. The actions would be valid also when the person has been negligently ignorant and the defect of the action has been like reciting loudly instead of silently or vice versr, in which the action would be correct in case of ignorance. The previous actions are valid also when the person does not know their quality, except in some cases menticned in Minhaj-us-salihin.
10. Water is either unmixed or mixed. Mixed wared (Ma ul-Mudhaf) means the water which is obtained from something, like melon juice or rose water, or a water in which something else is mixed; for example, so much dust is mixed in it that it may on longer be called water.
Any water other than mixed water is called unmixed water (Ma-ul-mutlaq), and they are of five types:
ˇ Kurr Water.
ˇ Under-Kurr Water (QALIL).
ˇ Running Water (JARI).
ˇ Rain Water.
ˇ Water of a Well.
11. Water, which fills a container whose volume is 36 cubic spans, is equal to a kurr and this is nearly equal to 384 liters.
12. If an essential impurity (Najāsah) like urine and blood, or anything which has become impure (Najis), like an impure cloth, falls in kurr water, it becomes Najis provided the water acquires the smell, colour, or taste of that Najasah; ather wise it does not become Najis.
13. If the smell, colour, or taste of kurr water changes owing to something else, which is not Najis, it does not become Najis.
14. If a Najis object is washed under a tap which is connected with kurr, the water which flows from that object will be Tahir provided it remains connected with kurr, and does not contain essential Najāsah or the smell, colour, or taste of the Najāsah.
15. Under-kurr water means water which does not spring forth from the earth, and its quantity is less than a kurr.
16. If under-kurr water is poured on something which is Najis, or if a Najis thing contacts it, it becomes Najis.
17. Under - Kurr water which is poured over a Najis. Object to remove the essential Najāsah will be Najis, as it flows after the contact. Similarly, the under-Kurr water which is poured over a Najis thing to make it pure after the essential Najāsah has been removed, will be Najis, as an obligatory precaution.
18. The under-Kurr water with which the outlets of urine and stool are washed, does not make anything Najis, subject to the following five conditions:
ˇ It does not have the smell, color or taste of Najāsah.
ˇ Extra Najāsah has not reached it from outside.
ˇ Any other Najāsah like blood, has not come out with urine or stool.
ˇ Particles of stool do not appear in the water.
ˇ Najāsah has not spread around the outlet more than usual.
19. Running water is that water which springs forth from the earth and than flows, like the water of a spring or a subterranean canal (Qanat). The flowing or running water, even if it is less than Kurr, does not become Najis upon contact with any Najāsah, unless its smell, colour, or taste changes due to that Najāsah.
20. If water from the pipes fitted in bathrooms and buildings, pouring through taps and showers, is connected to a tank holding water equal to a Kurr, it will be treated as Kurr water.
21. A Najis thing becomes Tahir if rain water falls on it once, provided that it does not contain an essential Najāsah, except in the cases of clothes and body which have become Najis because of urine, for they become Tahir after being washed twice, as per precaution. And in objects like carpets and dress, it is not necessary to wring or squeeze. By rain is meant a sufficient downpour, and not scanty shower or droplets.
22. The Najis earth or ground on which rain falls becomes Tahir, and if it begins flowing on the ground, and while it is still raining it reaches a Najis place under the roof, it makes that place Tahir as well.
23. If it rains on a pure carpet which is spread over a Najis ground, and the water seeps onto the Najis ground while rain continues, the carpet does not become Najis. In fact, the ground also will become Tahir.
24. The Wather of a well which springs forth frome the earth, (although its quantity may be less than a Kurr) does not become Najis owing to something Najis falling in it, unless its colour, smell, or taste changes.
25. If a Najāsah falls into well water and changes its smell, colour, or taste, it well become Tahir as soon as the change in its smell etc. vanishes. But as an obligatory precaution, it will become Tahir only when it is mixed with fresh water springing from the earth.
26. Mixed water, whose meaning has been explained in Article 15, does not make any Najis thing Tahir, and its use is not allowed for Ghusl or Ghosl.
27. Mixed water, however large its quantity may be, becomes Najis when even a small particle of Najāsah falls in it.
28. When Najis mixed water is mixed with Kurr or running water, in a manner that it can no longer be called mixed water, it becomes Tahir.
29. If a Najis objeet is made Tahir in Kurr or running water, the water which drops from the object after it has become Tahir, is Tahir.
30. Water, which has been originally Tahir, and it is not known whether it has become Najis, will be deemed Tahir; and water, which has been originally Najis, and it is not known whether it has become Tahir, is Najis.
31. it is obligatory to conceal ones private parts in the toilet and at all times from adult persons even if they are ones close relatives (Maharim) like mother, sister etc. Similarly, it is obligatory to conceal ones private parts from insane persons and children who can discern between good and evil. However, husband and wife are exempted from this obligation.
32. While using the toilet for urination or defecation, the front or the back part of ones body should not as an obligatory precaution, face the holy Ka`bah.
33. The urinary organ cannot be made Tahir without water. And washing it once will suffice.
34. The anus can be made Tahir with stone, clod or cloth provided they are dry and Tahir. if there is slight moisture on it, which does not, wet the site there is no objection.
35. Istibrā, is a recommended act for men after urinating. Its object is to ensure that no more urine is left in the urethra.
There are certain ways of performing Istibrā, the best of which is that after the passing of urine, if the anus also has become Najis it is made Tahir first. Thereafter, from the anus up to the root of penis should be pressed thrice, with the middle finger of the left hand. Then the thumb is placed on the penis, and the forefinger below it pressing three times up to the point of circumcision, then the front part of the penis should be pressed three times.
36. The moisture which is discharged from penis during wooing and courtship, is called Madh. It is Tahir, and so is the liquid which is seen after ejeculation, which is called Wadh. Similarly, the liquid which at times comes out after urination, is called wadh and it is Tahir if urine has not reached it. If a person performs Istibrā after urinating, and then discharges some liquid doubting whether it is urine or one of the above mentioned three liquids, that liquid is Tahir.
37. When enough time has lapsed since urinating, and one becomes sure that no urine is left in urethra, and then he sees some liquid, doubting whether it is Tahir or not, he will consider it as Tahir, even if he had not done Istibrā. If he has Wudu, it will be valid.
38. Istibrā is not meant for women, and if she sees any liquid and she doubts whether it is urine, that liquid is Tahir, and it will not invalidate Ghosl and Ghusl.
39. The following ten things are essentially Najis:
ˇ Urine
ˇ Faeces
ˇ Semen
ˇ Dead body
ˇ Blood
ˇ Dog
ˇ Pig
ˇ Kāfir
ˇ Wine
ˇ The sweat of an animal who persistently eats Najāsah.
40. Urine and faeces of the following living beings are Najis:
ˇ Human beings
ˇ Animals whose meat is Halal (allowed) to eat, and whose blood gushes out forcefully when its large vein (jugular) is slit.
The excretion of those animals who are Halal (allowed) to eat, but their blood does not gush forth forcefully when killed, like Halal (allowed) fish, is Tahir. Similarly, droppings of such small animals as mosquito and flies whose meat is scarce are Tahir. Of course, the uring of an animal whose meat is Halal (allowed) and its blood does not gush forth when killed, should be avoided as per obligatory precaution.
41. The urine and droppings of those birds which are Halal (allowed) to eat, is Tahir, but it is better to avoid them.
42. The semen of human beings, and of every animal whose blood gushes when its large vein (jugular) is cut and its meat is Halal (allowed), and as per obligatory precaution even those whose meat isHalal (allowed), is Najis.
43. The dead body of a human being is Najis. Similarly the de ad body of any animal whose blood gushes forth with force is Najis, irrespective of whether it dies a natural death or is killed in a manner other than that prescribed by Islam. As the blood of a fish does not gush forth, its dead body is Tahir, even if it dies in water.
44. Those parts of a dead body which do not contain life, like wool, hair, teeth, nails, bones and horns are Tahir.
45. If flesh, orany otherpart whieh contains life, is cut off from the body of aliving human being, oralivinganimal whose blood gushes forth, it will be Najis.
46. Small pieces of skin which peel off easily from the lips, or other parts of the body, are Tahir, providing they do not contain life.
47. The liquid medicines, perfumes, ghee, soap and wax polish which are imported, are Tahir, if one is not sure of their being Najis.
48. Fat, meat or hide or an animal, about which there is a probability that it may have been slaughtered according to the Islamic law, are Tahir. However, if these things are obtained from a non-Muslim, or from a Muslim who himself obtained them from a non-Muslim, without investigating whether the animal was slaughtered according to Islamic law, it is Halal (allowed) to eat that meat and fat, but prayer in that hide will be permissible. But, if these things are obtained from Muslim market, or a Muslim, and it is not known that he got them from a non-Muslim, or if it is konwn that he got from a non-Muslim but there is a great probability that he has investigated about it being slaughtered according to Shariah, then eating such meat and fat is permissible, provided that the Muslim has done an act on it, which is done only when the meat isHalal (allowed), like when he is selling it for eating.
49. The blood of a human being, and of every animal whose blood gushes forth when its large (jugular) vein is cut, is Najis. The blood of an animal like a fish, or an insect like mosquito, is Tahir because it does not gush forth.
50. If an animal whose meat is lawful to eat, is slaughtered in accordance with the method prescribed by Shari`ah, and enough blood flows out, the blood which is still left in its body is Tahir. However, the blood which goes back into the body of the animal due to breath, or because of its head having been at a higher level at the time of its slaughtering, is Najis.
51. As a recommended precaution, one should refrain from eating an egg which has even the smallest amount of blood in it. However, if the blood is in the yolk (yellow portion), the albumen (white portion) will be Tahir, as long as the skin over the yolk is not torn.
52. If the blood which comes from the gums of the teeth, vanish as it gets mixed with the saliva, the saliva is Tahir.
53. If the blood which dries under the nail or skin, on account of being hurt, can no longer be called blood, it is Tahir. But if it is called blood and is presented on the surface, it will be Najis. Thus if a hole appears in the nail or the skin, and it is difficult to remove the blood and to make it Tahir for the purpose of Ghosl or Ghusl, one should perform Tayammum (ablution with soil).
54. If a person cannot discern whether it is dried blood under the skin, or that the flesh has turned that way because of being hit, it is Tahir.
55. When a wound is healing, and pus forms around it, that substance is Tahir if it is not known to have been mixed with blood.
56. Dogs and pigs are Najis, and even their hair, bones, paws and nails, and every liquid substance of their body, is Najis.
57. A person w ho does not believe in Allah or his oneness, is Najis. Similarly, ghulat who believe in any of the holy twelve Imāms as God, or that they are incarnations of God, and khawarij and nawasib who express enmity towards the holy Imāms, are also Najis. And similar is the case of those who deny Prophet hood, or any of the necessary laws of Islam, like prayer and fasting, if they result in denying the holy prophet (s). As regards the people of the Scripture (i.e.the Jews, the Christians and the Magian), they are considered Tahir
58. Wine is Najis and everything else which in toxicates a person is not Najis.
59. All kinds of industrial alcohol used for painting doors, windows, tables, chairs etc are Tahir.
60. If grape juice ferments by itself, or on being cooked, it is Tahir, but it is Halal (allowed) (unlawful) to drink it. Also, as an obligatorw precaution, boiled grope is Halal (allowed) to eat, but is not Najis.
61. If dates, currants, raisins, or their juice ferment, they are Tahir and it isHalal (allowed) (lawful) to eat them.
62. Beer,which lightly intoxicates, and is called Fuqa, is Halal (allowed), and as an obligatory precaution, is Najis. But barlew juice, which does not intoxicate at all, is Tahir andHalal (allowed).
63. The perspiration of a camel which eats human Najasah is Najis and as an obligatory precaution, the perspiration of every animal which is habituated to eat human Najasah, is Najis.
64. The perspiration of a person who enters the state of Janābah (major ritual impurity) by an unlawful act is Tahir, and praying with it is in order.
65. There are three ways of proving the Najasah of anything:
ˇ One is certain, or satisfied that something is Najis.
ˇ If a reliable person who possesses, contro lsor ma nages a thing, says that it is Najis and he or she is not accused of lying.
ˇ If two just men testify that a certain thing is Najis, provided that their testimony deals with the reason for Najaasah, for example they say the thing has met a blood or urine.
If one just man testifies this, the obligatory precaution is to avoid it.
66. If a Tahir thing touches a najis thing and either or both of them are so wet that the wetness of one reaches the other, the Tahir thing will become Najis. But it will not become Najis with numerous consecutive transmission. For example, if the right hand of a person becomes Najis with urine, and then,while still wet, it touches his left hand, the left hand will also become Najis. Now, if the left hand after having dried up, touches a wet clloth, that cloth will also become Najis, but, if that cloth touches another wet thing, it cannot be said to be Najis. In any case, if the wetness is so little, that it does not affect the other thing, then the Tahir thing will not become Najis, even if it had contacted a Najis-ul-Ayn.
67. When a syrup or oil is in a fluid state, in a manner that if some quantity of it is removed, it does not leave an empty trace, the entire quantity will become Najis immediately when even their slightest part becomes Najis. But if it has solidified, so that when some part of it is removed, a trace of emptiness is seen, only that part which has come in contact with Najasah will be Najis, even if the empty trace gets filled up later. So, if the droppings of a rat fall on it, only that part on which the droppings have fallen will become Najis, and the rest will remain Tahir.
68. To make the script and pages of holy Quran Najis, and violate its sanctity, is undoubtedly Halal (allowed), and if it becomes Najis, it should be made Tahir immediately with water. In fact, as an obligatory precaution, it is Halal (allowed) to make it najis even if no violation of sanctity is intended, and it is obligatory to make it Tahir by rinsing it.
69. It is Halal (allowed) to eat or drink or make others eat or drink something which has become Najis. However, one may give such a thing to a child, or an insane person. And if a child or an insane person eats or drinks Najis thing on his own accord, or makes food Najis with his Najis hands before consuming it, it is not necessary to stop him from doing so.
70. If a person sees someone eat drink something Najis, or pray with a Najis dress, it is not necessary to admonish him.
71. There are twelve things which make Najis objects Tahir:
(i) Water
(ii) Earth
(iii) The Sun
(iv) Trancformation (Istihalah)
(v) Change (Inqilab)
(vi) Transfer (Intiqal)
(vii) Islam
(viii) Subjection (Tabaiyyah)
(ix) Removal of original Najasah
(x) Confining (Istibrā) of animal which feeds on Najasah
(xi) Disappearance of a Muslim
(xii) Draining of the usual quantity of blood from the slaughtered body of an animal.
72. The interior of a Najis vessel, or utensil, even if it has been made Najis with wine, must be washed three times if less than Kurr water is used, and as per obligatory percaution,the same will apply if Kurr or running water is used. If a dog drinks water or any other liquid from a utensil, the utensil should be first scrubbed with Tahir earth,and after washing off the dust, it should be washed twice with running, Kurr or under Kurr water. similarly, if the dog licks a utensil, it should be scrubbed with dust before washing. And if the saliva of a dog falls into the utensil, or somewhere of its body meets the utensil, as per obligatory precaution, it should be scrubbed with dust and then washed with water three times.
73. If a utensil is licked by a pig, or if it drinks any liquid from it, or in which a rat has died, it should be washed seven times with running water, or Kurr or lesser water. It will not be necessary to scour it with dust.
156. A Najis utensil can be made Tahir with under_Kurr water in two ways:
(i) The utensil is filled up with water and emptied three times.
(ii) some quantity of water and poured in it, and then the utensil is shaken, so that the water reaches all Najis parts. This should be done three times and then the water is spilled.
74. If a Najis thing is immersed once in Kurr or running water, is such a way that water reacher all its Najis parts, it becomes Tahir. And in the case of a carpet or dress, it is not necessary to squeeze or wring or press it. And when body or dress is Najis because of urine, it must be washed twice even in Kurr water.
75. When a thing which has become Najis with urine, is to be made Tahir with under_Kurr water, it should be poured once, and as water flows off eliminating all the traces of urine,the thing will become Tahir. But if dress or body has become Najis because of urine, it must be washed twice to be made Tahir. when a cloth or a carpet and similar things are made Tahir with water which is less than Kurr, it must be wrung, or squeezed, till the water remaining in it runs out.
76. If anything becomes Najis with the urine of a suckling child, who has not yet started taking solid food, the thing will be Tahir if water is poured over it once, reaching all parts which had been Najis.
163. If anything becomes Najis with Najasah other than urine, it becomes Tahir by first removing the Najasah and then pouring under-Kurr water once allowing it to flow off. But, if it is a dress etc, it should be squeezed so that the remaining water should flow off.
77. If the exterior of soap becomes Najis, it can be made Tahir, but if its interior becomes Najis, it cannot become Tahir, and if soap or not, its interior will be considered Tahir.
78. A Najis thing does not become Tahir unless the najis_ul_Ayn is removed from it,but there is not harm if the colour, or smell of the Najasah remains in it. So, if blood is removed from a cloth, and the cloth is rinsed with water, it will become Tahir even if the colour of blood remains on it.
79. Meat or fat which becomes Najis, can be made Tahir with water like all other things. same is the case if the body or dress or utensil has a little grease on it, which does not revent water from reaching it.
80. Tap water which is connected with Kurr water is considered to be Kurr.
81. If a person washed a thing with water, and becomes sure that it has become Tahir, but doubts later whether or not he had removed the Najis_ul_Ayn from it, he should wash it again, and ensure that the Najis_ul_Ayn has been removed.
82. If a ground which absorbs water (e.g. land on the surface of which there is fine sand) becomes Najis, it can be made Tahir even with under Kurr water.
83. If the floor which is made of stones, or bricks or other hard ground, in which water is not absorbed, becomes Najis, it can be made Tahir with under Kurr water, but, it is necessary that so much water is poured on it that it begins to flow. And if that Water is not drained out, and it collects there, it should be drawn out by a vessel or soaked by a cloth.
84. The earth makes the sole of ones feet and shoes Tahir, provided that the following four conditions are fulfilled:
(i) The earth should be Tahir.
(ii) The earth should be dry, as a precaution.
(iii) As an obligatory precaution, the Najasah should have stuck from the earth.
(iv) If najis-ul- Any, like blood or urine, or something which has become Najis, like najis clay, is stuck on the sole of a foot, or a shoe, it will be Tahir only if it is cleared by walking on earth, or by rubbing the foot or the shoe against it. therefore, if the Najis-ul-Any vanishes by itself, and not by walking or rubbing on the ground, the foot or the sole will not be Tahir by earth, as an obligatory precaution. And the earth should be dust or sand, or consisting of stones or laid with bricks ; which means walking on carpet, mats, green grass will not make the sole of feet or shoes Tahir.
85. It is a matter of Ishkal that walking over a tarred road. or a wooden floor will make the Najis sole of feet and shoes Tahir. ( In other words, as an obligatory precaution, tarred road or wooden floor does not make Najis sole of feet or shoes Tahir.)
86. When the Najis sole of one's foot or shoe becomes Tahir by walking on earth, the parts adjacent to it, which are usually blotched with mud, become Tahir.
87. If a person moves on his hands and knees, and his hands or knees become Najis, it is a matter of Ishkal (it is improbable) that they become Tahir by such movement. Similarly, the end of a stick, the bottom of a prosthetic leg, the shoe of quadruped and the wheels of a car or a cart etc. would not become Tahir.
88. The sun makes the earth, building,and the walls Tahir, provided the following five conditions are fulfilled:
(i) The Najis thing should be sufficiently wet, and if it is dry, it should be made wet so that the sun dries it up.
(ii) Any Najis-ul-Ayn should not be remained on it.
(iii) Nothing should intervene between the Najis thing and the sun. Therefore, if the rays fall on the Najis thing from behind a curtain, or a cloud etc, and makes it dry, the thing will not become Tahir. But, there is no harm if the cloud is so thin that it does not serve as an impediment between the Najis thing and the sun.
(iv) Only the sun should make the Najis thing dry. So, if a Najis thing is jointly dried by the wind and the sun, it will not become Tahir. However, it would not matter if the wind blows so lightly that it can be said that the thing has dried by the sun.
(v) The sun should dry up the whole Najis part of the building all at once. if the sun dries the surface of the Najis earth, or building, first, and later on dries the inner part, only the surface will become Tahir, and the inner portion will remain Najis.
89. If the sun shines on Najis earth, and one doubts later whether the earth was wet or not at that time, or whether the wetness dried up because of the sunshine or not, the earth will remain najis. Similarly, if one toubts whether Najis-ul- Ayn had been removed from the earth, or whether there was any impediment preventing direct sunshine, the earth will remain Najis.
90. If a Najis thing undergoes such a change, that it assumes the category of a Tahir thing it becomes Tahir ; for example, if a Najis wood burns and is reduced to ashes,or a dog falls in a salt-marsh and transforms into salt, it becomes Tahir. But a thing does not become Tahir if its essence or category does not change ; like, if wheat is ground into flour, or is used for baking bread, it does not become Tahir.
91. Any wine which becomes vinegar by itself, or by mixing it with vine gar or salt, becomes Tahir.
92. If the juice of grapes ferments by itself, or when heated, it becomes Halal (allowed). However, if it boils so much that only one third of it is left, it becomesHalal (allowed). It has already been mentioned in rule 60 that the juice of grapes does not become Najis on fermentation.
93. If the blood of a human being, or of an animal whose blood gushes forth when its large vein is cut, is sucked by an insect, normally known to be bloodless, and it becomes part of its body, the blood becomes Tahir. This process is called intiqal.
94. If an unbeliever testifies Oneness of Allah, and the Prophethood of prophet Muhammad(s), in whatever language, he becomes a Muslim. And just as he was Najis before, he becomes Tahir after becoming a Muslim, and his body, along with the saliva and the sweat, is Tahir.
95. If an unbeliever professes Islam, he will be Tahir even if another person is not sure whether he has embraced Islam sincerely, or not. And the same order applies even if it is known that he has not sincerely accepted Islam, but his words or deeds do not betray anything which may be contrary to the confirmation by him of the Oneness of Allah, and of prophet Muhammad(s) beingprophet of Allah.
96. Tabaiyyah means that a Najis thing becomes Tahir, in subjection of another thing becoming Tahir.
97. When wine is transformed into vinegar, its container, up to the level wine reached on account of fermentation, will become Tahir. And so will the cloth or other thing which is usually put on it, if it has became Najis due to the wine. But, if the back part of the container become Najis because of contact with wine, it should be avoided, as an obligatory precaution, even after wine has transformed into vinegar.
98. If an unbeliever embraces Islam, his child in subjection to him becomes Tahir. Similarly, if the mother, grandfather or grandmother of a child embraces Islam, the child will become Tahir, provided that it is in their custody and care and there is not a Kāfir relative closer than them with it, and if the child has attained the age of under standing and discerning, it does not show inclination to unbelief.
99. The plank or slab of stone on which a dead body is given Ghusl, and the cloth with which his private parts are covered, and the hands of the person who gives Ghusl and all things washed together with the dead body, become Tahir when Ghusl is over.
100.When a person washes something with water to make it Tahir, his hands washed along with that thing, will be Tahir when the thing is Tahir.
101. If cloth etc. Is washed with under-Kurr water and is squeezed as usual, allowing water to flow off, the water which still remains in it is Tahir.
102. When a Najis utensil is washed with under-Kurr water, the small quantity of water left in it after spillig the water of final wash, is Tahir.
103. If body of an animal is stained with a Najis-ul-Ayn like blood or with something which has become Najis, for example, Najis water, its body becomes Tahir when the Najasah disappears. Similarly, the inner parts of the human body, for example inner parts of mouth, or nose or inner ears which become Najis with an external Najasah,become Tahir, after the Najasah has disappeared. But the internal Najasah, like the blood from the gums of the teeth,does not make inner mouth Najis. Similarly, any external thing which is placed internally in the body,does not become Najis when it meets with the internal Najasah. So if the dentures come in contact with blood from the gums, it does not require rinsing. Of course, if it contacts a Najis food, it must be made Tahir with water.
104. If food remains between the teeth, and blood emerges within the mouth, the food will not be Najis if it comes in contact with that blood.
105. Those parts of the lips and the eyes which overlap when shut, will be considered as inner parts of the body, and they need not be washed when an external Najasah reaches them. But a part of which one is not sure whether it is intenal or external, must be washed with water if it meets with an external Najasah.
106. The dung and urine of an animal which is habituated to eating human excrement,is najis, and it could be made Tahir by subjecting it to "Istibrā", that is, it should be prevented from eating Najasah, and Tahir food should be given to it,till such time that it may no more be considered an animal which eats Najasah.
107. When body, dress, household utensil, carpet or any similar thing, which has been in the possession of an adult Muslim or an underage Muslim who is capable of distinguishing between purity and impurity, becomes Najis, and there after that Muslm disappears, the things in question can be treated as Tahir, if one believes that he may have rinsed them.
108. A scrupulous person who can never be certain about a Najis becoming Tahir, he should follow the method used by the common people.
109. As stated in rule 98, if an animal is slaughtered in accordance with the rules prescribed by Islam, and blood flows out of its body in normal quantity, the blood which still remains in the body of the animal is Tahir.
110. It is Halal (allowed) to use gold and silver vessels for eating and drinking purposes, and as an obligatory precaution, their general use is also Halal (allowed). However, it is not Halal (allowed) to have them in possession as item of decoration. Similarly, it is not Halal (allowed) to manufacture gold and silver vessels, or to buy and sell them for possession or decoration.
111. In Ghosl, it is obligatory to wash the face and hands (including the forearms), and to wipe the front portion of th head and the upper part of two feet.
112. The length of the face should be washed from the upper part of the forehead, where hair grow, up to the farthest end of the chin, and its breadth should be washed to the part covered between the thumb and the middle finger. If even a small part of this area is left out, Ghosl will be void. thus, in order to ensure that the prescribed part has been fully washed, one should also wash a bit of the adjacent parts.
113. If a person suspects that there is dirt or something else in the eyebrows, or corners of his eyes, or on his lips, which does not permit water to reach them and that suspicion is reasonable, he should examine it before performing Ghosl, and remove any such thing if it is there.
114. If the skin of the face is visible from under the hair growing on the face, like beard, liphair etc, he should make the water reach the skin, but if it is not visible, it is sufficient to wash the hair, and it is not necessary to make the water reach beneath it.
115.While performing Ghosl, it is not obligatory that one should wash the inner parts of the nose, nor of the lips and eyes which cannot be seen when they close. however, if one is not sure that all parts have been washed, in order to ensure, it is obligatory that some portion of these parts (i.e. inner parts of nose, lips and eyes) are also included. And if a person did not know how much of the face should be washed, and does not remember whether he has washed his face thoroughly in Ghosl already performed, his prayers will be valid, and there will be no need to do fresh Ghosl for the ensuing prayers.
116. The hands and forearms, and as an obligatory precaution the face, shold be washed from above downwards, and if one washes the opposite way, his Ghosl will be void.
117. After washing the face, one should first wash the right forearm and hand and then the left forearm and hand, from the elbows to the tips of the fingers.
118. If one is not sure that the elbow has been washed thoroughly, in order to ensure, he should include some portion above the elbow in washing.
119. If before washing his face, a person has washed his hands up to the wrist, he should, while performing Ghosl, wash them again up to the tips of the fingers, and if he washes only the forearms up to the wrist, his Ghosl will be void.
120. 254. While performing Ghosl, it is obligatory to wash the face and the hands and forearms once, and it is recommended to wash them twice. Washing them three or more times is Halal (allowed). As regads to which washing should be treated as the first, it will depend upon pouring water on the face or hand so much that it cover them thoroughly, leaving no room for precaution, with the intention of Ghosl. So, if one pours water on his face ten times, in order to cover it thoroughly, with the intention of the first washing for Ghosl, there is no harm. The first washing realises only when one washes with the intention of Ghosl. Thus, he can wash his face or hands several times, and in the final wash, make the intention of washing for Ghosl. But if he follows this procedure, the face or the hands should not be washed more than once again, as an obligatory precaution, even if without the intention of washing for Ghosl.
121. After washing both the hands and forearms, one performing Ghosl should wipe front part of the head with the wetness of his hand: and the recommended precaution is that he should wipe it with the palm of his right hand, from the upper part of the hand, downwards.
256. The part on which wiping should be performed, is the one fourth of the head posterior to the forehead it is sufficient to wipe however mucha tany place in this part of the head.
122. It is not necessary to wipe on the skin of the head. It is also in order if one wipes the hair on the front of his head. However, if the hair is so long that when combed it falls on his face, or on other parts of his head, he should wipe on the rootsof his hair If a person collects his long hair on the front side of his head, and wipes on it, or if he wipes the hair of other places which extend to the front part of the head, such a wiping would be void.
123. After wiping the head, one shold wipe with the moisture persent in one's hands, one's feet from any toe of the foot up to the ankle joint. As a recommended precaution, the right foot should be wiped with the right hand,and the left foot with the left hand.
124. Wiping of the feet can have any breadth, but it is better that the breadth of the wiping be equal to three joined fingers, and it is still better that the wiping of the entire foot is done with the entire hand.
125. At the time of wiping the foot, it is not necessary to one's hand on the tip of the toes and then draw it to the ankle joint, but one can simply place the whole hand on the foot, and pull it a little.
126. While wiping one's head and feet, it is necessary to move one's hand on them, and if the feet or head are moved leaving the hand stationary, Ghosl would be void. However, there is no harm if the head or foot moves lightly, while the hand is being moved for wiping.
127. The parts being wiped should be dry, and if they are so wet that the wetness of the palm of the hand has no effect on them, the wiping will be void. However, there is no harm if the wetness on those part is so insignificant, that the moisture of the palm overcomes it.
128. If wetness disappears in the palm, it cannot be made wet with fresh water. In that situation, the person performing Ghosl should obtain miosture from his beard. Obtaining moisture from any part other than the beard and wiping with it is a matter of Ishkal.
129. If the upper part of one's feet is Najis, and it cannot be rinsed for wiping, one should perform Tayammum.
130. Ghosl by immersion means that one should dip one's face, forearms and hands into water, with the intention of performing Ghosl. And there can be no problem in performing wiping with the moisture thus acquired, though it is against precaution.
131. Even while performing Ghosl by immersion, one should wash one's face and hand downwards from above. Hence when a person dips his face and hands in water, with the intention of Ghosl, he should dip his face in water from the forehead and his hands from elbows.
The comditions for a correct Ghosl are as follows:
* The first condition is that the water should be
Ìāhir, and as a precaution clean, not sullied with a dirt which man hates it, even if that dirt is Tahir, like the urine of animals whose meat isHalal (allowed) or pus.
* The second condition is that the water whould be unmixed.
132. Ghosl perfromed with Najis or mixed water is void, even if one may not be aware of its being Najis, or mixed, or may have forgotten about it. And if one has offered prayer with that Ghosl, one should repeat that prayer with a valid Ghosl.
* The third condition is that the water should be Mubah (permissible for use).
133. To perform Ghosl with usurped water, or withwater about which one does not know whether the owner would allow its use, is Halal (allowed), and Ghosl will be void.
134. If a person who does not wish to offer prayers in a particular mosque, is not aware whether its pool has been endowed to the general public, or specifically to those who offer prayers in that mosque, he cannot perform Ghosl with the water of the pool of that mosque. However, if people who do not pray in that mosque, usually perform Ghosl there, without any prohibition, he can perform Ghosl from that pool.
135. If a person forgets that the water has been usurped, and performs Ghosl with it his Ghosl is in order, but, if a person has usurped the water himself, and then forgets about it, his Ghosl being valid is a matter of Ishkal.
136. The fourth condition is that parts of the body on which Ghosl is performed, should be Tahir, at the time of washing and wiping.
137. If the place which has been already washed or wiped in Ghosl becomes Najis before the completion of the Ghosl, it will be deemed valid.
138. If any part of the body other than the parts of Ghosl is Najis, the Ghosl will be in order.
139. If a person has a cut or wound on his face, or hands, and the blood from it does not stop, and if water is not harmful for him, he should, after washing the healthy parts of that limb or face in proper
sequence, put the place of wound or cut in Kurr or running water, and press it a little so that the blood may stop. Then he should pass his finger on the wound or cut, within the water, from above downwards, so that water may flow on it and then wash the lower parts. This way his Ghosl will be in order.
* The fifth condition is that the person doing Ghosl should have sufficient time at his disposal for Ghosl and prayer.
140. If the time is so short that by doing Ghosl, the entir prayer or a part of it will have to be offered after its time, be should perform Tayammum. But if he feels that the time required for Tayammum and Ghosl is equal, then he should do Ghosl.
ˇ The sixth condition is that one should perform Ghosl with the intention of winning Gods favor, i.e. to obey the orders of Allah. If a person performs Ghosl, for the purpose of cooling himself or for some other purpose, the Ghosl would be void.
ˇ The seventh condition is that Ghosl should be performed in the prescribed sequence, that is, he should first wash his face, then his right forearm and hand and then his left forearm and hand, and thereafter, he should wipe his head and then the feet. As a recommended precaution, he should not wipe both the feet together. He should wipe the right foot first and then the left.
ˇ The eighth condition is that the acts of Ghosl should be done one after the other, without time gap in between.
141. If there is so much gap between the acts of Ghosl, that it can not be said that it is being preformed in normal succession, Ghosl will be void. But this rule does not apply when there is a justifiable excuse, like forgetting or water being exhausted. When one is going to wash or wipe some part,he should first ensure that all the preceding parts which he had washed or wiped have not dried up. If they have all dried up, his Ghosl will be void. But if only the previos one part has dried up, his Ghosl will be in order. For example, while going to wash his left forearm, he finds that his right forearm has dried up, but his face is still wet, his Ghosl will be valid.
142. There is no harm in walking while performing Ghosl. Hence, if after washing his face and hands, a person walks a few steps and then wipes his head and feet, his Ghosl is valid.
* The ninth condition is that a person doing Ghosl should wash his hands and face and wipe his head and feet himself. Hence, if another person makes him perform Ghosl, or helps him in pouring water over his face, or hands, or in wiping his head, or feet, his Ghosl is void.
143. If a person cannot perform Ghosl himself, he should appoint someone to assist him, even if it means washing and wiping jointly. And if that person demands any payment for that, he should be paid, provided one can afford, and one does not sustain any loss. but he should make intention of Ghosl himself, and should wipe using his own hands. If the person himself cannot participate in actually doing Ghosl, and if he must be assisted by another person then an obligatory precaution is that both should make the intertion of Ghosl. Then his assistant will hold his hand, and help him do the wiping. And if that is not possible, he will take some moisture from his hands, and with that moisture wipe his head and feet.
144. one should not obtain assistance in performing those acts of Ghosl, which one can perform alone.
* The tenth condition is that there should be no harm for using water.
145. If a person fears that he will fall ill if he performs Ghosl, or, if water is used up for Ghosl, no water will be left for drinking, he does not have to do Ghosl. If he was unaware that water was harmful to him, and he performed Ghosl, and later on, it turned out to be harmful, his Ghosl will be void.
* The eleventh condition is that there should be no impediment in the way of water reaching the parts of Ghosl.
146. If a person finds that something has stuck to any part of Ghosl, but doubts whether it will prevent water from reaching there, he should remove that thing, or pour water under it.
147. Dirt under the fingernails would not affect Ghosl. However, when the nails are cut, and there remains dirt which prevents water from reaching the skin, then that dirt must be removed. Moreover, if the nails are unusually long, the dirt collected beneath the unusual part, ought to be cleansed.
148. If there is dirt on the part of Ghosl which will not prevent water reaching the body while washing or wiping, the Ghosl will be in order. Similarly, if some white lime splashed from the whitewash stays on the body, not obstructing water from reaching it, Ghosl will be valid.
And if one doubts whether it may obstruct, then one should remove the splashed particles.
149. If a person doubts after Ghosl whether any obstruction was there or not, his Ghosl will be valid.
150. If a person doubts too often about the acts of Ghosl and its condition, like, about water being Tahir, or its not being usurped, he should not pay heed to such about.
151. If a person doubts whether his Ghosl has become void, he should treat it as valid. But, if he did not perform Istibrā (rule no. 35) after urinating, and performed Ghosl, and thereafter some fluid was discharged about which he was not sure whe ther it was urine or somethinglse, his Ghosl will be void.
152. If a person realises after offering prayer, that his Ghosl became void, but doubts whether it became void before prayer or after, the prayer offered by him will be deemed in order.
153. If a person suffers from an incontinence, due to which drops of urine come out continuously, or he is not in a position to control his defecation, he should act as follows:
* If he is sure that at some time during the prayer time, there will be a respite during which there will be a restraint, then he should perform Ghosl and prayer at such time.
* If during the restraint, he can control his urine or excretion only for performing Wajib (obligatory) acts of prayer, then he should perform only obligatory acts, and abandon the Mustahab acts (e.g. Adhan, Iqamah, Qunut etc.).
154. If the time of restraint is just enough to allow Ghosl and a part of prayer, and if he discharges urine or excretion once, or several times during prayer, then as an obligatory precaution, he should do Ghosl in those moments of respite and pray. It will not be necessary for him to renew the Ghosl during prayer because of discharging urine or excretion.
155. If there is a continued incontinence, allowing no period of restraint for Ghosl, or even a part of prayer, then one Ghosl will be enough for several prayers, except where one commits any extraneous act, invalidating the Ghosl.
156. A person who cannot control urine, should use a bag filled with cotten or some similar device, to protect oneself, and to prevent urine from reaching other places, and the obligatory precaution is that before every prayer, he should wash the outlet of urine which has become Najis. Moreover, a person who cannot control excretion should, if possible, prevent it from reaching other parts, at least during the time required for prayer. And the obligatory precaution is that if no hardship is involved, he should wash the anus for each prayer.
157. If a person who suffered incontinence, recovers from the ailment. Itisnot necessary for him to repeat those prayers which he offered according to his religious duty, during the period of his ailment. However, if he recovers during prayer's time, he should repeat that prayer, as an obligatory precaution.
158. If a person suffers from an inccontinence, which renders him unable to control passing the wind, he will act according to the rules applicable to the incontinent persons described in the foregoing rules.
159. It is obligatory to perform Ghosl for the follwoing six things:
ˇ For all obligatory prayers, except funeral prayer (Æalāt-ul-mayyit). As regards Mustah ab prayers, Ghosl is a condition for their validity.
ˇ For the Sajdah and Tashahhud which a person forgot to perform during the prayers, provided that he invalidated his Ghosl after prayer, and before performing those forgotten acts. It is not obligatory to perform Ghosl for Sajdat-us-sahw.
ˇ For the obligatory Tawaf of the holy Ka'bah, which is a part of Hajj or Umrah.
ˇ If a person has made a Nadhr (vow),or a solemn pledge,
ˇ Or taken an oath for Ghosl.
ˇ If a person has made a Nadhr, for example, that he would kiss the holy Qur'an.
ˇ For washing and making Tahir the holy Qur'an which has become Najis.
160. It is Halal (allowed) to touch the script of the holy Qur'an with any part of one's body, without performing Ghosl. However, there is no harm in touching the translation of the holy Qur'an, in any language, without Ghosl.
161. It is Halal (allowed),as an obligatory precaution, to touch the Name of Allah or His special Attributes without Ghosl,
In whichever language they may have been written. And it is also better not to touch, without Ghosl, the names of the holy Prophet of Islam, the holy Imāms and
Fatimat-uz-Zahra, (peace be upon them).
162. If a person performs Ghosl,a little or much before or after entering prayer's time, with the intention of Qurbah, his Ghosl will be valid, and it is not necessary to make the intention of obligatory or recommended Ghosl. Even if he makes the intention of obligatory Ghosl, and afterward realises that it was not obligatory the Ghosl will be valid.
163. Ghosl becomes void on account of the following seven things:
Passing of urine.
Excretion.
Passing wind from the rear.
A sleep, deep enough to restrict sight and hearing. However, if the eyes do not see anything, but the ears can hear, Ghosl does not become void.
Things on account of which a person loses his sensibility, like insanity, intoxication or unconsciousness.
Istihadhah which will be dealt with later.
Janābah, and, as a recommended precaution, every state which requires Ghusl.
The splint with which a wound or a fractured bone is bandaged or helps tight and the medication used over a wound etc. is called Jabírah.
164. If there is a wound, or sore, or a fractured bone in the parts on which Ghosl is performed, and it is not bandaged, then one should perform Ghosl in the usual manner, providing the use of water is not harmful.
165. If there is an unbandaged wound, sore, or broken bone in one's face or hands, and if the use of water is harmful for it, one should wash the parts adjoining the wound from above downwards, in the usual manner of Ghosl.
166. If there is an unbandaged wound, or sore or fractured bone on the front part of the head, or on the feet, and one cannot wipe it, because the wound has covered the entire part of wiping, or if he cannot wipe even the healthy parts, then it is necessary for him to do Tayammum.
167. If the store, or wound, or fractured bone is handaged, and it is possible to undo it, and if water is not harmful for it, one should untie it and then do Ghosl, regardless of whether the wound etc. Is on his face or hands, or on the front part of his head or on his feet.
168. If the wound, or sore, or the fractured bone which has been tied with a splint or a bandage is on the face or the hands of a person, and if undoing it and pouring water on it is harmful, he should wash the adjacent parts which is possible to wash, and as an abligatory precaution wipe the Jabírah.
169. If it is not possible to untie the bandage of the wound, but the wound and the bandage on it are Tahir, and it is possible to make water reach the wound without any harm, water should be made to reach the wound by pouring from above downward. And if the wound or its bandage is Najis, but it is possible to wash it, and to make water reach the would, he should rinse it and should make water reach the wound at the time of Ghosl. And if water is not harmful for the wound, but it is not possible to make water reach it, or undoing the baudage results in harm or hardship, he should perform Tayammum.
170. If the Jabírah covers some of the parts of Ghosl then wudu prescri bed for Jabírah is enough. But ifall the parts of Ghosl are totally covered with Jabírah, then, as a precaution, one should do Tayammum, and also do Ghosl as per rules of Jabírah.
171. If a person has Jabírah on his palm and fingers, and he passes a wet hand on it while perfroming Ghosl, he can do the wiping of his head and feet with the same wetness.
172. If the Jabírah has covered the entire surface of the food, but a part of the fingers, and a part from the upper side of the foot adjacent to the ankle joint is open, one should do wiping on the foot at the open places, and also on the surface of the Jabírah.
173. If the Jabírah has covered unusually more space than the size of the wound, and it is difficult to remove it, then one should perform Tayammum, except when the Jabírah is ar the places of Tayammum. It se lf, in which case, it is necessary to perform both wudu And in both the cases, if it is possible to remove the Jabírah one should remove it. Then, if the wound is on the face or hands, he should wash its sides, and if they are on the head or the feet, he should wipe its corners. As for the wounds themselves, he will act according to the rules of Jabírah.
174. If there is no wound or fractured bone in the parts of Ghosl, but the use of water is harmful for some other reason, one should perform Tayammum.
175. If a person has got his vein opened on any one of the parts of Ghosl, and he cannot rinse it, he must perform Tayammum. But if water is harmful for it, then he should act as rules of Jabírah.
176. If something is stuck on the part of Ghosl or Ghusl, and it is not possible to remove it, or its removal involves unbearable pain, then one should perform Tayammum. But, if the thing is stuck on the parts of Tayammum, it is necessary to perform both Ghosl and Tayammum. And if the stuck thing is a medicine, then rules relating to Jabírah will apply to it.
177. In all kinds of Ghusls, except the Ghusl-ul-Mayyit (bath of the dead body), the Jabírah Ghusl is like Jabírah Ghosl. However, in such cases one should resort to Ghusl-ut-Tartibi (systematic Ghusl). If there is a wound, or a sore on the body, then a person has a choice between Ghusl and Tayammum. However, if there is fractured bone in the body, he should do Ghusl and should, as a precautionary measure, also perform wiping on the Jabírah. And if it is not possible to wipe on the Jabírah, or if the fractured bone is not in splint, it is necessary for him to perform Tayammum.
178. If the obligation of a person is to do Tayammum, and at some of the places of Tayammum he has wound, sore, or fractured bone, he should perform Jabírah Tayammum according to the rules of Jabírah Ghosl.
179. If a person cannot decide whether he should perform Tayammum or Jabírah Ghosl, the obligatory precaution is that he should perform both.
180. The prayers offered with Jabírah Ghosl are valid, and that Ghosl can be valid for later prayers also.
There are seven obligatory baths:
ˇ Bath for Janābah
ˇ Bath for Haydh (menstruation)
ˇ Bath for Nifas (childbirth)
ˇ Bath for Istihadhah (irregular blood discharges of women)
ˇ Bath for touching a dead body
ˇ Bath for a dead body (Ghusl-ui-Mayyit)
ˇ Bath which becomes obligatory on account of a vow or an oath etc. to perform it. And at the time of total eclipse, if one intentionally does not perfromSalat-ul-Ayat untill passing its time, as an obligatory precaution he or she should perform Ghusl for compensating it.
181. A person enters the state of Janābah in two ways:
* Sexual intercours
* Discharge of semen, while sleeping or when awake, little or more, with lust or otherwise, voluntarily or involuntarily.
182. When one cannot ascertain whether the fluid emitted from one's body is semen, urine or something else, it will be treated as semen if it is thrown out with lust and the body is slackened. Ifall or some of these signs are not present the fluid will not be trated as semen. In the case of illness; the fluid may not come out with sudden swiftness and the body may nay not slacken, and if the emission takes place with lust, it will be treated as semen.
183. If a person has sexual intercourse with a woman and the male organ enters either of the private parts of the woman up to the point of circumcision or more, both of them enter Janābah, regardless of whether they are adults or minors and whether ejaculation takes place or not.
184. If a person doubts whether or not his penis penetrated up to the point of circumcision, Ghusl will not become obligatory on him.
185. If (God forbid) a person has sexual intercourse with an animal and ejaculates, Ghusl alone will be sufficient for him and if he does not ejaculate and he was with Ghosl at the time of committing the unnatural act even then Ghusl will be sufficient for him. However, if he was not with Ghosl at that time, the obligatory precaution is that he should do Ghusl and also perform Ghosl. And the same orders apply if one commits sodomy.
186. If a person observes semen on his dress and know that it is his own, and he has not done Ghusl on that account, he should do Ghusl, and repeat as Qačā all those prayers about which he is certain that he offered them after the discharge of semen. However, it is not necessary for him to repeat thoes prayers about which there is a probability that he might have offered them before the discharge of semen.
187. If a man does an act with himself in order to make semen be discharged (ejaculation), and ejaculation does happen, his act which is called Istimnā, (masturbation) will be Halal (allowed). There is no harm, however, if this act is done by his spouse, although it is better to avoid lascivious imagination. It is Halal (allowed) also for a woman to do such an act with herself, to reach the peak of sexual pleasure, and discharge afluid.
188. The following five things are Halal (allowed) for Junub (one in the state of Janabah):
To touch with any part of one's body the script of the holy Quran or the Name of Almighty Allah in whichever language it may be. And it is better that the names of the holy Prophet and Imāms and Fāìimat-uz-Zahrā (peace be upon them) should also not be touched in that condition.
* Entering Masjid-ul-Halal (allowed) or Masjid-un-Nabi, even though it may be only passing from one gate and going out of another.
To stay or halt in all other Masjids, and similarly, on the basis of obligatory precaution, to stay in the shrines of the holy Imāms. However there is no harm if one crosses or traverses through a mosque, entering from one gate and exiting from another.
To enter a mosque with an intention of lifting away something, or placing something in it precaution obligatory, as an, even if he himself does not enter the mosque.
To recite those verses of the holy Qur'an on the recitation of which performance of Sajdah becomes obligatory. There verses occur in four chapters (Sęrahs) of the holy Qur'an:
* Chapter Alif Lām Mím as-Sajdah, 32:15
* Chapter Åa Mím as-sajdah, 41:38
* Chapter an-Najm, 53:62
* Chapter al-Alaq, 96:19
189. Ghusl for Janabah is obligatory for offering the daily prayers and other similar acts of worship. However, it is not obligatory forSalat-ul-Mayyit or for Sajdat-us-sahv (prostrating on account of oversight) or Sajdat-ush-shukr (prostration for thanksgiving) or for the obligatory Sajdah upon reciting the four particular verses of the holy Quran. (Ruleno. (188))
190. At the time of doing Ghusl, it is not necessary to have in mind that one is performing an obligatory Ghusl. It is sufficient if one performs the Ghusl with the intention of Qurban, i.e. complying with Allah's orders.
191. There are two methods of performing Ghusls, both obligatory and recommended.
ū* Tartíbí (Systematic)
* Irtimāsí (By submerging the whole body).
192. In this method, a person should first make an intention for Ghusl. Thereafter one should first, as an obligatory precaution, wash one's head and neck, and thereafter the remining parts of one's body. It is better that one washes the right part of the body first and then the left part.
193. In order to ensure that all the parts (head, neck and remining parts of the body) have been washed thoroughly, one should, while washing a part, also include some portion of the other part with it.
194. After the Ghusl, if a person realises that certain parts of the body (other rhan head and neck) have been left out, not knowing which, it will not be necessary to washthe head again.
One will wash only those parts of one's body which one feels had not been washed.
195. Ghusl by way of immersion is either carried out instantly or gradually. If the Ghusl is to be done at one instance, water must reach all parts of the body be out of water befort beginning the Ghusl. If apart of the body is out side and he or she immerses with the intention of Ghusl, it will be deemed in order.
196. If one wishes to perform Irtimāsí Ghusl
gradually, then it is necessary to submerge one's body gradually in water with the intention of Ghusl, while maintaining the usual unity. In this method each part of the body must be out of water before bathing that very part.
197. If after performing Irtimāsí Ghusl it becomes known that water has not reached some part of the body one should repeat the Ghusl, whether the part up to which water has not reached is determined or not.
198. It is not necessary that the entire body of a person should be Tahir before Irtimāsí and Tartibi Ghusl. So, if the body becomes Tahir while diving in water or pouring water over one's body with the intention of the Ghusl, the Ghusl will be in order, provided that the water with which the Ghusl is performed, does not become Najis, for example one perform Ghusl with Kurr water.
199. While doing Ghusl, if a part of the body, however small, remains unwashed the Ghusl is invalid. But it is not obligatory to wash the inside of the ear or nose and other places which are considered to be the interior of the body.
200. All things which prevent water from reaching the body should be removed. If a person does Ghusl before ensuring that such obstacles have been removed, the Ghusl will be void.
201. At the time of Ghusl, if one reasonably considers probable that there is something on his or her body which would prevent water from reaching the body, he or she should investigate and satisfy his (her) self that the obstacle is not there.
202. All the conditions for the validity of Ghosl (e.g. the water being pure and not having been usurped) also apply to the validity of Ghusl. However, for Ghusl it is not necessary that the body be wahsed downwards from above. Moreover, it is not necessary in Tartibi Ghusl to wash the body immediately after washing the head and the neck. There is no harm, therefore, if there is a lapse of some time after washing one's head and neck before washing ones body Even it is notnecessaryto wash ones headand neck or the whole body in one instance. So one may wash the head and after a while wash the neck.
203. When a person is in doubt whether he or she has done Ghusl or not, such a person must do Ghusl. However, if doubt arises in the mind after Ghusl as to whether Ghusl was correct or not, then there is no need to do Ghusl again.
204. If one urinates or passes wind (or does any act which would invalidate the Ghosl while doing the Ghusl, one does not have to abandon the Ghusl and start all over again. In fact, one can continue with the same Ghusl till completion. But, in this situation one will have to do Ghosl also as per obligatory precaution. However, if one changes the type of the Ghusl from systematic into immersion or from immersion into systematic or instant immersion, it will not be necessary to perform Ghosl.
205. A person who has more than one Ghusl to do onedo one Ghusl with the intention of all of them. In fact, one Ghusl with one intention is enough to cover all the others.
206. If a verse of the holy Qur'an or Name of the Almighty Allah is written or tattooed on the body of a person then such a person while doing systematic Ghusl, will be required to pour water on that part without touching the writing. Also in case of performing Ghosl this rule applies for a person having a verse of Qur;an on his or her body and as an obligatory precaution for a person who has a name of Almighty Allah on his or her body.
207. A person who does Ghusl of janabah should not do Ghosl for the prayers. In fact one can offer prayers without performing Ghosl after all obligatory baths (except the bath for medium Istihadhah) as well as after recommended baths (see rulle no. 651). In these cases, however, it is better to do Ghosl as a recommended precaution.
208. Istihadhah is often yellowish and cold and is emitted without gush or irritation and is also not thick. It is, however, possibl that at times the colour of the blood may be red or dark, and it may also be warm and thick and may be issued with gush and irritation.
209. There are three kinds of Istihadhah Viz. slight (Qalilah), medium (mutawassitah) and excessive (Kathirah). Explanation is given below: I. little Blood (Qalilah) If the blood remain on the surface of the wool or pad etc., (placed by a woman on her priate part) but does not penetrate into it, the Istihadhah is called Qalilah.
II. Medium Blood (mutawassitah) If the blood penetrates into the cotton (or pad etc.), even partially, but does not soak the cloth tied on the outer side, the Istihadah is called Mutawassitah.
III. Excessive Blood (Kathirah) If the blood penetrates through the cotton, soaking it and the cloth (etc.) around it, the Istihadhah is called Kathirah.
210. In the case of little Istihadah a woman should perform separate Ghosl for every prayer and should, as a recommended precaution, wash or change the pad. And if some boold is found on the outer part of her private parts she should make it Tahir with water.
211. In the case of Mutawassitah, it is an obligatory precaution for a woman to make one Ghusl everyday for her daily prayers, and she should act accordingly to the rules of little Istihadah as explained in the foregoing rule.
212. In the case of Kathirad, woman should change, as an obligatory precaution, the cotton or pad tied to her private parts or make it Tahir with water before each prayer. It is also necessary to do one Ghusl for Subh prayer, one fore Tuhr and Aær prayers and once again for Maghrib and Isha prayer. She should offer Aær prayer and immediately after Tuhr prayer and offer Isha prayer immediately ofter Maghrib prayer,and if she allowed any lapse of time between them she should do Ghusl again for Aær, and Isha prayer. All these rules apply when bleeding is so excessive that it continues soiling the pad ect. But if it takes longer to soil the cotton or pad, and a woman has enough time to pary one or moreSalat in between, then as per obligatory precaution she would changs the pad or wash it to make Tahir and then do Ghusl only when the cloth covering the pad or cotton is continuously soaked.
For example, if a woman prayigSalat of Tuhr finds out that the cloth is fully soaked again before the prayer of Aær, she would do Ghusl for Aær prayer. And if she finds that the flow of blood is slow enough to allow two or more prayers to be offered before the cotton or cloth is totally soiled with blood, there will be no need for Ghusl before the ensuing prayer. For example, if she finds that there is enough time to offer even Maghrib and Isha prayers, before the cloth is fully soiled she would pray Maghrib and Isha without Ghusl.
In every case, the Ghusl in excessive Istihadan does not require Ghosl after it.
213. If Istihadhah blood is seen before the time for prayer has set in, and the woman has not performed Ghosl or Ghusl for that bleeding, she should perform Ghosl or Ghusl at the time of prayers, even though she may not be Mustahadah at that time.
214. A woman whose Istihadhah is medium and should do Ghosl and as an obligatory precaution also perform Ghusl, should first do Ghusl and then Ghosl.
215. When a woman who had little Istihadhah finds out after Subn prayer that her Istihadhah has developed into medium one, she will have to do Ghusl for Tuhr and Aær prayers. And if that change occurs after Tuhr and Aær prayers, then she will do a Ghusl for Maghrib and Insha prayers.
216. If a woman finds out after Subh prayer that her little or medium Istihadhah had developed into an excessive one, and remained in that state, then she should follows the directives given in rule no. (212 ) in respect of Tuhr, Aær, Maghrib and Isha prayers.
217. Apart from the rules pertaining to the daily prayers which have been explained earlier, a woman in little and medium Istihadhah must do Ghosl for all other prayers, Wajib or Mustahab.
218. After the bleeding of a Mustahadah woman has stopped, she should follow the rules of Istihadhah only for the first subsequent prayer, which she may offer. For further prayers which follow, the rules of Istihadhah would not be necessary.
219. If a woman does not know what kind of Istihadhah she has, as a precaution she should investigate before beginning the prayer.
220. If at the time of its initial appearance the blood of Istihadhah remains with in the interior of the body and does not come out, it does not nullify the Ghosl and Ghusl already performed by the woman. And if it comes out, it nullifies the Ghosl and Ghusl even if its quantity be very small.
221. If a Mustahadah woman knows that before the time for prayers comes to an end, she will become totally pure(Naqiyyah), or if she knows that at certain time, bleeding would stop for the time required for offering prayers, she should as an obligatory pracaution, wait and offer prayers when she is Naqiyyah.
222. If a Mustahadah woman who is required to allow no time gap between Ghosl or Ghusl and her prayer, does not act accordingly, she should make Ghosl or do Ghusl againe and then pray without any delay.
223. If the blood of Istihadhah has a swift flow and does not stop not, and if stoppage of blood is not harmful to her, she should, as and obligatory precaution, try to prevent the blood from coming out before Ghusl. And if she ignores doing so, and the blood comes out, she should offer prayer all over again if she had already prayed.
224. If a woman in little Istihadhah finds out before starting the prayer that her bleeding has become excessive or medium, she should perform the rules prescribed for medium or excessive Istihadhah as mentioned above. And if the medium Istihadhah becomes excessive, she should follow the rules prescribed for excessive Istihadhah. And in case she has done Ghusl for medium Istihadhah it would not suffice, and she should do Ghusl again for excessive Istihadhah.
225. If the excessive Istihadah, reduces to medium Istihadah, the Mustahadah should perform the rules prescribed for excessive Istihadah for the first prayer and then medium Istihadhah for the later pray ers. For exampl, if excessive Isthadah becomes medium before Tuhr prayer she should do Ghusl for Tuhr prayer ; and for the Aær, Maghrib and Isha preyers she should do perform only Ghosl.
226. If the excessive Istihadhah stopts before everySalat and starts coming again she should do Ghusl before eachSalat.
227. If the execessive Istihadhah reduces to little, the mustabadah should follow for the first prayer the rules prescribed for litle Istihadhah. Similarly, if the medium Istibadah becomes little she should follow rules prescribed for medium Istihadhah for the firest prayer and those prescribed for little Istihadhah for the later prayers.
228. If a woman who is in little or medium Istihadhah, after accomplishment of her salat, wishes to engage in an act which requires Ghosl as a prerequisite, like touching the script of the Quran etc.She should, as an obligatory precaution make Ghosl for the purpose, because the Ghosl made specifically forSalat would not be sufficient for this act.
229.Salat-ul-Ayat (signs prayer due to solar or lunar eclipse eac.)is obligatory for a Mustahadah woman and she should follow all the rules which have been explained in relation with the daily prayers.
230. Menses is usually thick and warm and its colour is either black or red. It is discharged with a pressure and a little irritation.
231. If a woman who is doubtful as to whether or not, she has completed 60 years of age, seas blood which she cannot decide whether it is of Hays or not she should decide that the has not completed 60 years.
232. The period of Haydh is not less than 3 days and not more than 10 days and if the period during which blood is discharged falls short of 3 days even by a small measure of time, that blood will not he considered as Haydh.
233. The blood of Haydh flows continuously for the first 3 days. Therefoer if, is blood is seen for 2 days and then interrupted for 1 day and then seen again for 1 day, it will not be Haydh.
234. In the initial stage, it is necessary that blood flows out, but it is not, necessary to be seen flowing out during all the three days. It is sufficient for the blood to be internally present. So, if a woman is clean for a brief period during the first 3 days (as is common among all or some women) even then the blood discharged will be Haydh.
235. It is not necessary for a woman to have bleeding on the 1st and the 4th night, but it is essential that bleeding should not discontinue on the 2 nd and the 3rd night. For example, if bleeding commences on the morning of the 1st day and continues, without any stop, till sun -set of the 3rd day, it would be considered as Haydh. Similarly, if blood is seen from the middle of the 1st day andstops at the same time on the 4th day, the same will apply.
236. If a woman sees blood continuously for three days, and then it stops for a brief period before it is seen again, and if the total number of days in which blood was seen and in which it stopped does not exceed ten, then the days in which blood flowed will be counted as of Haydh, and the in between period of respite will be of obligatory precaution, during which she, will do all that she should do when she is Naqiyyah (pure), and also refrain from all those acts which are forbidden to the Ha'id.
237. If a woman doubts whether the blood she has seen is of Haydh or Istihadhah, she should treat it to be Haydh if it bears the properties of Haydh.
238. If blood is seen for less than 3 days and then stops and starts again for 3 days the second blood will be Haydh but the first blood will not be considered as Haydh even if it was seen during the days of period.
239. Acts which are Halal (allowed) for a woman who is in the state of Haydh:
* Prayers and other similar acts of worship for which Ghosl or Tayammum or Ghusl is necessary and Ha'id women are not permitted to perform such acts with the intention of proper acts, and there is no harm in them performing those acts of worship for which Ghosl, Tayammum or Ghusl is not obligatory (e.g.Salat-ul-Mayyit).
* All those acts which are forbidden to a Junub (see rule no. 188).
* Having sexual intercourse ; it is Halal (allowed) for man as well as for woman, and this rule does not apply for anal intercourse, but an obligatory precaution, anal intercourse with the wife is forbidden, if she is not content, regardless of whether she is in Haydh or not.
240. If a man has sexual intercourse with his wife when she is a Åāič, he should seek divin3 forgiveness and it is not obligatory to expiate by giving Kaffarah, although it is better to give it.
241. As will be explained in the rule relating to divorce, if a woman is divorced while she is in the state of Haydh, the divorce is void.
242. After a woman becomes Tahir (Naqiyyah) from Haydh it is obligatory for her to take bath for the prayers and other acts of worship which require Ghosl or Ghusl or Tayammum. The rules for this Ghusl are the same as for the Ghusl of Janabah, and it is enough and does not require any Ghosl.
243. After a woman has become Tahir from Haydh, and before having done Ghusl the divorce given to her will be in order, and her husband can also have sexual intercourse with her. Though the obligatory precaution is, not to have sexual intercourse before the woman has washed her private parts. However, until she has had Ghusl, other acts like touching the writing of the Quran which were Halal (allowed) for her at the time of Haydh do not becomeHalal (allowed) for her.
244. There is no Qačā' (belated accomplishment) for the prayers which she left during her Haydh but she should give Qačā' for the obligatory fasts missed by her due to Haydh. This, as an obligatory precaution, includes even those fasts which had been Wajib upon her on the fixed days because of Nadhr (vow), but she could not keep because of Haydh.
245. If the time for prayer sets in and a woman knows that if she delays offering the prayer she will become Ha'id, she should offer the prayer immediately. This rule will apply also, as an obligatory precaution, when the woman considers it probable that she will become Åāič.
246. If a woman become Naqiyyah (Ìāhir) from Haydh when the time for prayer is nearing its end, and has at her disposal time which suffices for Ghusl and performing one Rak'ah or more, she should offer the prayer and if she fails to do so she should offer its Qačā'.
247. If after becoming Naqiyyah from Haydh, a woman doubts whether or not she has time left for the prayer, she should offer the prayer.
248. There are six types of menstruous women:
*Woman having menses with a fixed time and duration: A woman whose menses in each of the two consecutive months is seen at a particular time and for a fixed number of days. For example, in each month blood may be seen from the 1st up to the 7th of the month.
* Woman having menses with a fixed time: A woman whose period begins in each of the two consecutive months at a particular time but the number of days varies. For example, in two consecutive months her blood starts coming on the 1st of the month but she becomes Naqiyyah on the 7th day in the first month and on the 8th day in the second month.
ū* Woman having menses with a fixed duration: A woman who sees blood in each of the two consecutive months for a particular number of days but the time of commencement is not the some. For example, in the first month the blood is seen from the 5th to the 10th of the month and in the second month from the 12th to the 17th of that month.
* Mudtaribah woman: A woman who has seen blood for a few months but has not formed a fixed period or whose former period has been disturbed and has not formed a new fixed one.
* Mubtadi'ah woman: A woman who sees blood for the first time.
* Nasiyah woman: A woman who has forgotten her period.
Rules of these women are as follows:
249. Women having fixed time and duration are of two types:
First, a women who menstruates in two consecutive months at a particular time for a particular duration. For example, her menstruation bigains on the 1st of each month and becomes Naqiyyah on the 7th of each month, and thus her period will be from the first to the seventh of every month.
Second, a woman who menstruates in each of two consecutive month at a days and then the blood is seen again ; but the total number of days during which the blood is seen as well as those during which she remains Naqiyyah does not exceed 10 days ; and in both months the total number of days during which the blood is seen, and the intervening days during which sha is Naqiyyah must be the same. In such a case the period of the woman will be counted according to the days during which blood is seen, not including the intervening days during which she remains Naqiyyah.
250. If a woman who has a fixed time of period, irrespective of whether she has a fixed duration of period or not, menstruates on time, or one day or more earlier, so that it may be considered as an early menstruation, that blood will be Haydh even if it does not bear the signs of Haydh, and she will act according to the rules applied to a Ha'id. And if it transpires that it was not Haydh, for example, if she becomes Naqiyyah before three days, then she should belatedly accomplish, as Qačā', the acts of worships which she has left out.
251. If a woman having a fixed time and duration of period sees blood during all days of her fixed period plus a few days before and after, an the total number of days does not exceed 10, all of it is Haydh. And if it exceeds 10 days, then only the blood seen during the days of period is Hay and the rest will be Istihadhah, and she should do Qačā' of the acts of worships which she did not perform during the days before and after her period. Also if she sees blood on all the days of her period as well as a few days earlier, and the total number of the days does not exceed 10, all of it is Haydh. And if it exceeds ten days, then blood seen during the days of period will be Haydh, even if it did not have the signs of Haydh and the earlier days had the signs of Haydh, and the blood seen earlier will be classified as Istihadhah. She will offer Qačā' for the worships left out during those earlier days. And if she sees blood during her days of fixed period plus a few days after her period, and the total does not exceed ten days, allof it is Haydh. But if it exceeds ten days, then the blood seen during period days will be Haydh, and the rest is Istihadhah.
252. If a woman who has a fixed period of time and duration, sees blood on some days of her period and also a few days earlier, and the total number of days does not exceed 10 days, all of it is Haydh. And if the number of days exceeds lo she will add somearlier days to the number of days within her period time to complete her fixed duration. Those will be the days of Haydh, and the rest will be Istihadhah.
And if she sees blood during some of her period days plus some days later, and the total number of days does not exceed ten, then all of it will be Haydh. And if the total exceeds ten days, then she will add some of later days to those in her period time so as to complete her fixed period of duration. These will then be the days of Haydh, and the rest will be cssified as Istihadhah.
253. If a woman with fixed period of time and duration fails to see blood in her period, and sees it earlier or later, it will be considered as Haydh if it comes for the equal number of days.
254. If a woman who has fixed period of time and duration sees blood for more than 10 days, the blood which she sees during the days of her period is Haydh, even though it may not have the signs of Haydh, and the blood which is seen after the days of her period is Istihadhah even though it may have the sign of Haydh. For example, if the boold of a woman wnose period is from the 1st to the 7th of the month is seen from the 1st to the 12th of a particular month, the boold which is seen during the first 7 days will be Haydh and that which is seen during the remaining 5 days will be Istihadhah.
255. Women having fixed commencement of period are of two types: First, woman who sees blood in each of the two period are of two consecutive months on a given day, and then becomes Naqiyyah after a few days, but the duration of bleeding varies in each month. For example, if the blood is seen on the 1st of each month but stops on the 7th in the first month and on the 8th in the second month, the commencement of her period will be the first of every month. Second, a woman who sees blood in two consecutive months on given day and the bleeding continues for, say, 3 or more days and then it stops and thereafter is seen again, but the total number of days including the intervening ones does not exceed ten days. However, the number of days during the 2nd month is either more or less than the days in the 1st month. For example, if the first bleeding begins on the 1st day of each of the two consecutive months, but the total duration of both bleeding splus the intervening day(s) is 8 in the 1st month and 9 in the 2th month, she should treat the 1st of the month to be the first day of her period.
256. If a woman who has a fixed time of period, but not fixed duration, sees blood on her period time or two or three days earlier, she will treat herself as Ha'id, and act according to the details given in rule No. 486. But if the blood is seen much earlier, so mutch so that it would not be considered as customary, or if she sees it later than before, she will treat herself as Ha'id if the blood bears the signs of Haydh. Similarly, if the blood does not have the signs of Haydh, she will consider it as Haydh, providing she is sure that the bleeding will continue for at least three days. And if she is not sure whether this sort of bleeding will last for three days or not,then as per obligatory precaution, she will do all those acts which are Wajib for a Mustahadah, and refrain from all those acts which are forbidden to Ha'id.
257. If a woman with a fixed time of perio sees bloon on time, which continues for more than 10 days and for some days the blood has the signs of Haydh and during other days has not, and the blood which has the signs of Haydh is not less than 3 days nor more than 10 days, then all of it is Haydh and the rest will be Istihadhah. And if the blood bearing the sings of Haydh is for less than 3 days, it will be Haydh and the number of period days is determined in two ways explained later (to follow relatives or fixing reasonable number), and if those days are more than 10 days part of it is fixed as Haydh in one of the two ways. And if she is unable to determine the exact duration of Haydh from its signs, i.e. all of bleedings have same signs or the blood bearing the signs of Haydh is more than 10 days or less than 3 days, then she will follow the period of her paternal or maternal relatives, irrespective of whether they are living or dead ; provided that:
(i) She is not sure that the state of her relative's period does differ sharply from her state. She, as a young and active person, cannot compare with the period of one nearing menopause, whose periods are usually less.
(ii) She is not sure that the state of her relative's period is totally different from the period of the other relatives having the pervious condition. But it does not mind if the different is so little that can be ignored.
258. If a woman with a fixed time of peroid sees blood for more than ten days, and is unable to determine the nature of blood as explained in rule no. 495, then she will be free to deacide upen any number of days (from 3 to 10) which she feels coud be her days of Haydh. It is better that she fixes seven days if she considers it proper for herself, and in so doing she must keep in mind her commencement of period.
259. Women having a fixed duration of period are of two types:
First, a woman whose duration of Haydh in two consecutive months is same but the commencing times differ. In such circumstances her duration of period will be the number of days during which blood is seen. For example, if blood is seen from the 1st to the 5th of the month and from the 11th to the 15th of the 2nd month, her duration of period will be 5 days.Secont, a woman who sees blood in two consecutive months for 3 or more days, and then it stops for a day or more before it start sagain, though the time of commencement of blood Varies in the 2nd month from that of the 1st. Her duratoin of period will be the number of days during which blood is seen, provided that the total number of the bleeding and Niqa days does not exceed ten and that the duration of bleeding in both the month remains equal. As a measure of precaution in the intervening days, she Will do all that is obligatory upon a lady who is Naqiyyah, and also refrain from all those acts which a ha'id is forbidden to do.
260. If a woman with the fixed duration of period sees blood for lass blood for less or more days than her duration of period, but the number of those days dose not exceed 10, she should treat them as Haydh. And if it exceeds 10 days and the nature of blood remains same throughout, then she will calculate her duration of period from the day bleeding began and treat it as Haydh and the rest as Istihadhah. But if the nature of blood changes, with some days showing signs of Haydh and others showing signs of Istihadhah, then there can be three possibilities:
(i) If the number of days in which blood show signs of Haydh tallies with the duration of period, then she will take those days as Haydh, and the rest as Istihadhah.
(ii) If the number of days in which blood shows signs of Haydh exceeds her period duration, then she will take the days equal to her period duration as Haydh, and the rest as Istihadhah.
(iii) If the number of days in which blood shows signs of Haydh is less than her period duration, she will add some days to complete her duration and take that period as Haydh, and treat the rest of the days as of Istihadhah.
261. Mudtaribah is a woman who may have seen blood for two consecutive months, but with different time and duration. If such a woman sees blood for more that 10 days, and the nature of blood remains same, either resembling Haydh or Istihadhah, then she will be, as a precaution, classified among those women who, despite fixed time of peroid, see blood in unusual day, and is also unable to discren the signs of one from the other. She will refer to the prevailing periods among her relatives and adopt it. And if that is not possible, she will fix any reasonable number, neither less than 3 days nor more than ten days, as explained.
262. If mudtaribah sees blood for more than ten days, and for some days the blood has the signs of Haydh and during other days has the signs of Istihadhah she should follow the order mentioned in the beginning of the rule 495.
263. Mubtadi'ah is a woman who sees blood for the first time. If she sees it for more than ten days and all the blood has common signs then she should refer to the prevailing habit among her relatives and consider her corresponding duration as Haydh and the rest as Istihadhah, keeping in view two provisions in rule No.495. And if even that seems unpossible, then she will be free to fix a certain duration as explained in rule No.497.
264. If a Mubtadiah sees blood for more than ten days, some bearing the signs of Haydh and other that of Istihadhah, and if the blood with the signs of Haydh is seen for not less than three and not more than ten days, then all that blood is Haydh. But if she sees blood again before the expiry of ten days and even that blood resembles Haydh, for example, if dark blood is seen for five days and yllowish blood is seen for nine days, anddark blood is seen again for five da ys, then she should treat the first blood as Haydh and the rest as Istihadhah, as explained in the case of Mudtaribah.
265. If a Mubtadi'ah sees blood for more that 10 days, some of which bearing signs of Haydh and other having signs of Istihadhah, and if the blood with the signs of Haydh is seen for less than 3 days or more than 10 days, she will follow as stated in the beginning of the rule No.(257).
266. Nasiyah is a woman who has forgotten her habit of time or duretion or both, and such women if see blood for a period not less than 3 days nor more than 10 days all of it will be considered as Haydh, but if it lasts more than 10 days they are of various types.
1- A woman who had a fixed time or duration or both, but has forgotten it. This woman will follow the rules of Mubtadi'ah mentioned before.
2- A woman who had a fixed time with or without fixed duration, but remembers a little about her time of peroid, for example she knows that a certain day of each month has been a part of her period or her period has been during the first halfof each month. The rule of this woman is also like a Mubtadi'ah woman,but she should not fix her period in a time which is surely different with her previous period.
3-A woman who had a fixed habit of duration, and has now for gotten it.The rule of this woman is also like a Mubtadi'ah woman, but while determining her duration, she must know that the duration she is fixing is not less or more than her usual habit.
267. If a Mubtadi'ah, a Mudtaribah, a Nasiyah or a woman with the fixed habit of duration, sees blood with the signs of Haydh, or is certain that the discharge would last for three days, they must abandon the obligatory prayers. But if they later understand that it was not Haydh, they have to give the Qačā' of they did not perform.
268. If a woman has a fixed habit of Haydh, either of time or of duration or of both, and if she sees blood for two consecutive months contrary to her usual habit in which she finds that the time, the duration or both coincide, then she has formed a new habit. For example, if previously she saw blood from 1st to 7th of a month but during these two months she saw it from the 10th to 7th, then the period from 10th to 17th of the month will be her new habit.
269. If a woman usually sees blood once in a month, but in a particular month she sees it twice, and if the number of intervening days during which she remained Tahir is not less than 10 she should treat both as periods of Haydh, even though one of the bloods has not the signs of Haydh.
270. If awoman become Tahir before the expiry of 10 days and feels that there is no blood in her interior part she should do Ghusl for the dcts of worship although: she may have a feling that blood might appear once again before the comp letion of 10 days. And if she is abso lutely sure that she will see blood before the lopse of 10 days, even then, as a matter of percaution, she should do Ghusl and perform her worships, but she will refrain froin from doing those acts which are forbidden to a Haid.
271. If a woman becomes Tahir before 10 days but feels that there might be blood in her interior part she should either perform her ects of worships as a precaution or do Istibrā'. She is not permitted to abandon worships, without doing Istibrā' which means to insert cotton and wait for some time to find out and if she has usually a short gap during her bleeding, as can be seen in some women, she should wait more than usual. If she finds out that she has become Tahir she should take bath and perform her acts of worship. And if she finds out that she has not become Tahir totally even if she sees a yellowish fluid, and she does not have a fixed habit of Haydh or her habit is 10 days, or she has a fixed duration which is not yet completed, then she will wait. If she becomes Tahir before ten days, she will do Ghusl. If she becomes Tahir on completion of 10 days, or if her bleeding exceeds ten days, then she will do Ghusl at the end of tenth day.And if her habit is for less than 10 days, and she is sure that the blood will cease before ten days are over, or by the end of the tenth day, she must not do Gusl till then.
272. If a woman treats the blood she saw during certain days as Haydh and did not perform her acts of worship and comes to know later that it was not Haydh, she should give Qačā' of thae lapsed prayers, and fasts, which she left out. And if she performs acts of woship under the impression that the blood is not Haydh but realises later that it was Haydh, then the fasts kept in those days will be void and therefore she should give Qačā, of those fasts.
273. From the time when the child birth takes place, the blood seen by the mother is Nifas, provided that it can be considered as the blood of child birth and it stops before or on completion of the tenth day. While in the condition of Nifas, a woman is called Nafsa'.
274. The blood which a mother sees before the appearance of the first part of the child is not Nifas.
275. It is not necessary that the baby is fully grown.Even if a permature baby or malformed fetus is born, the blood seen by the mother for ten days will be Nifas if the fetus aborted has passed the stages of Alaqah (blood clot) and Mudghah ( a piece of meat).
276. If a woman doubts whether she has aborted something or not, or whether the thing aborted is a child or not, it is not necessary for her to investigate, and the blood which is discharged in this situation is not Nifas.
277. Those acts which are obligatory for a Haid are also obligatory for a Nafsa. and as an obligatory precaution staying in Masjid and entering it without passing and passing in Masjid-ul Halal (allowed) or Masjid-un Nabi, and reciting verses of obligatory Sajdah and touching the script of the Holy Quran and God's name are Halal (allowed) for Nafsa.
278. If the blood of a woman who has not a fixed duration of period does not exceed 10 days, all of it will be Nifas, so if she becomes Tahir before 10 days, she should do Ghusl and perform acts of worship. And if she sees blood again, once or often and the total number of days on which blood is seen and the intervening days during which she remains Tahir is 10 or less than 10, then all of it will be Nifas. In the intervening days, as a precaution, she will perform all that is obligatory for a Tahir woman and also refrain from all acts which are forbidden to a woman in Nifas. So, if she had kept fasts,she will give their Qačā. And if the blood which she saw later exceeds ten days then she will count the first ten days as Nifas, and the rest as Istihadhah.
279. If the blood of a woman who has a fixed duration of period exceeds her period days, even if it does not exceed 10 days, as an obligatory precaution she should, in days exceeding her period days, abandon those acts which are Halal (allowed) for Nafsa', and perform those acts which are obligatory for a Mustahadah. And if she sees blood more than once with a gap of purity, she should consider the days equal to her period as Nifas, and as an obligatory precaution she should refrain Halal (allowed) acts of Nafsa' and do obligatory worships either, in those days of purity and the bleeding days exceeding her period days.
280. If a woman becomes Tahir from Nifas, but feels that there might be blood in the interior part, she should either do Ghusl and perform all acts of worships as a precaution, or do Istibrā'. And she should not abandon worships without doing Istibrā', which has been described in rule No. (271)
281. If Nifas blood is seen by a mother for more than 10 days and she has a fixed duration of Haydh, then her Nifas will be equal to the duration of Haydh and the rest would be Istihadhah. And, if she does not have a fixed habit of Haydh, she would take ten days as those of Nifas, and treat the rest as Istihadhah Awomam who has forgotten her habit, should take her period the highest number which she considers probable.
282. If a woman, with a fixed duration of Haydh sees blood continuously for a month or more after giveing birth to a child, the blood seen for the days equal to her Haydh habit will be Nifas, and the blood seen after that for ten days will be Istihadhah, even if she has a fixed of Haydh and the blood coincides with the dates of her monthly Haydh.
For example, there is a woman whose fixed Haydh habit is from 20th to 27th of every month and she gives birth on the 10th of a given month, and she continues to see blood for a month or more. her Nifas will be seven days, equal to her Haydh days, and will be from 10th to 17th of that month, now, the blood which she continues to see from the 17th onwards for ten days will be Istihadhah, even though some of it coincides her days of Haydh habit.
After the lapse of 10 days, if bleeding continues and she has a fixed time of Haydh time,then it is Haydh if it falls in the days of habit, irrespective of whether it has the signs of Haydh or not And if bleeding does not occur in the days of Haydh habit, she will wait till the days of her habit, even if it means waiting for a month or more and even if the blood has the signs of Haydh.
And if she has no fixed commencement time of Haydh, she should make an effort to recognise her Hayd by its signs (as explained in rule Na (257); and if that isnot possible, say because the blood seen after Nifas remains of one type for a monthor more that she will adopt the habit prevdiling among her retives to determine the days of Hayd (in a monner explained in rule No (257). And, if that alsa is not possible, then she has an opt ion of fixlng her days of Hayd proper for herself, which has been explained in detail in rule No. (258).
283. If a woman does not have a fixed habit of duration, and after giving birth she sees blood continuosly for a month or more, the first 10 days will be Nifas ; and as for the next 10 days it is Istihadhah. And as regards the blood seen thereafter, it can be either Haydh or Istihadhah, and in order to ascertain whether it is Haydh, she will follow the rule stated in the foregoing clause.
284. If a person touches a human dead body which has become cold and has not yet been given Ghusl (i.e. brings any part of his own body in contact with it) he should do Ghusl.
285. If a person touches a dead body which has not become entirely cold, Ghusl will not be obligatory, even if the part touched has become cold.
286. If a person brings his hair in contact with the body of a dead person, or if his body touches the hair of the dead person or if his hair touches the hair of the dead person, Ghusl will not become obligatory.
287. It is not obligatory to do Ghusl for touching a separated bone which has not been given Ghusl, whether it has been separated from a dead body or a living person. The same rule applies to touching the teeth which have been separated from a dead body or a living person.
288. The method of doing Ghusl for touching the dead body is the same as of Ghusl for Janaban and it does not require any Ghosl.
289. A Mu'min who is dying, whether man or woman, old or young, should, as a measure of precaution, be laid on his/her back if possible, in such a manner that the soles of his/her feet would face the Qiblah (direction towards the holy Ka'bah).
290. It is an obligatory precaution upon every Muslim, to lay a dying person facing the Qiblah. And if it is known that the dying person consents to it and he or she is not defective, there is no need to seek the permission for it from the guardian. Otherwise, the permission must be sought as a precaution.
291. It is recommended that the doctrinal testimory of Islam (Shahadatayn) and the acknowledgement of the twelve Imāms and other tenets of faith should be inculcated to a dying person in such a manner that he/she would understand. It is also recommended that these utterances are repeated till the time of his/her death.
292. Giving Ghusl, Kafn, Hunot, salat and burial to every dead Muslim, regardless of whether he/she is an Ithna-Ashari or not,is obligatory on the guardian must either discharge all these duties himself or appoint someone to do them.
293. It is obligatory to give three Ghusl to a dead body. The first bathing should be with water mixed with Sidr (powdered leaves of lote tree). The second bathing should be with water mixed with caphor and the third should be with unmixed water.
294. The quantity of Sidr and caphor should neither be so much that the water becomes mixed (Mučāf), nor so little that it may be said that Sidr and caphor have not been mixed in it at all.
295. Aperson who gives Ghusl to a dead body should be a Muslim and sane and as a precaution a Shi'ah Ithna-Ashariyyah, and ahould know the rules of Ghusl.
296. One who gives Ghuls to the dead body should perform the act with the intention of Qurbah, and it is enough to be with intention of complying with the God's will.
297. Ghusl to a Muslim dead child, even illegitimate, is obligatory.
298. If a foetus of 4 months or more is aborted it is obligatory to give it Ghuls, and even if it has not completed four months, but it has formed features of a human child, it must be given Ghusl as a precaution. In the event of both of these circumstances being absent, the foetus will be wrapped up in a cloth and buried without Ghusl.
299. It is unlawful for a man to give Ghusl to the dead body of a non-Mahram woman and for a woman to give Ghusl to the dead body of a non-Mahram man. Husband and wife can, however, give Ghusl to the dead body of each other.
300. If there is an essential impurity on any part of the dead body, it is obligatory to remove it befor giving Ghusl.
301. Ghusl for a dead body is similar to Ghusl of Janābah. And the obligatory precaution is that a corpse should not be given Ghusl by Irtimāsí,that is, immersion, as long as it is possible to give Ghusl by way of Tartibi. And even in the case of Tartibi Ghusl it is necessary that the body should be washed on the right side first. And then the left side.
302. There is no rule for Jabírah in Ghusl of mayyit, so if water is not available or there is some other valid excuse for abstaining from using water for the Ghusl, then the dead body should be given one Tayammum instead of Ghusl.
303. A perscon giving Tayammum to the dead body should strike his own palms on earth and then wipe them the face and back of the hands of the daed body. And the recommended precaution is that he should, if possible, use the hands of the dead for another Tayammum.
304. The body of a dead Muslim should be given Kafn with three pieces of cloth:a loin cloth, a shirt or tunic, and a full cover.
305. As an obligatory precaution, the loin cloth should be long enough to cover the body from the navel up to the knees, better still if it covers the body from the chest up to the feet. As an obligatory precaution, the shirt should be long enough to cover the entire body from the top of the shoulders up to the middle of the forelegs, and better still if it reaches the feet. The sheet cover should be long enough to conceal the whole body, and as an obligatory precaution it should be so long that both its ends could be tied, and its breadth should be enough to allow one side to overlap the other.
306. As a precaution, it must be ensured that each of the three pieces used for Kafan is not so thin as to show the body of the deceased. However, if the body is fully consealed when all the three pieces are put together, then it will suffice.
307. It is not permissible to give a Kafan which is Najis, or which is made of pure silk, or as a precaution which is women with gold, except in the situation of helplessness, when no alternative is to be found.
308. If the Kafan becomes Najis owing to Najasah, of the deceased, or owing to some other Najasah, its Najis part should be washed or cut off in such a manner that the Kafan may not be lost, even after the dead body has been placed in the grave. And if it is not possible to wash it, or to cut it off, but it is possible to change it, then it should be changed.
309. After having given Ghusl to a dead body it is obligatory to give Hunot, which is to apply caphor on its forehead, both the palms, both the knees and both the big toes. It is not necessary to rub the caphor ; it must be seen on those parts. It is Mustahab to apply caphor to the nose tip also. Caphor must be powdered and freash and Tahir and Mubah, and if it is so stale that it has lost its fragrance, then it will not suffice.
310. It is better that Hunotis given before Kafn, although there is no harm in giving Hunotduring Kafn or even after.
311. Though it is Halal (allowed) for a Mutakif and a woman whose husband has died and she is in Iddah to perform him/herself, but if he or she dies, it is obligatory to give her Hunot.
312. It is Mustahab to mix a small quantity of Turbah (soil of the shrine of Imām Husayn) with caphor, but it should not be applied to those parts of the body, where its use may imply any disrespect. It is also necessary that the quantity of Turban is not much, so that the identity of caphor does not change.
313. It is obligatory to offerSalat-ul-Mayyit for every dead Muslim, as well as for a Muslim child if it has completed 6 years of its age.
314. If a child had not completed 6 years of its age, but it was a discerning child who knew whatSalat was, then as an obligatory precautionSalat-ul-Mayyit for it should be offered. If it did not know ofSalat, the prayer msy be offered with the hope of pleasing Allah (Raja'an). However, to offerSalat-ul- mayyit for a still born child is not Mustahab.
315.Salat-ul-Mayyit should be offered after the dead body has been given Ghusl, Hunotand Kafan and if it is offered before or during the performance of these acts, it does not suffice, even if it is due to forgetfulness or on account of not knowing the rule.
316. It is not necessary for a person who offersSalat-ul-Mayyit to be in Ghosl or Ghusl or Tayammum nor is it necessary that his body and dress be Tahir. Rather there is no harm even if his dress is a usurped one.
317. One who offersSalat-ul-Mayyit should face the Qiblah, and it is also obligatory that at the time ofSalat-ul-Mayyit, the dead body remains before him on its back, in a manner that its head is on his right and its feet on his left side.
318. The place where a man stands to offerSalat-ul-Mayyit should not be higher or lower than the place where the dead body is kept. However, its being a littie higher or iower is immaterial.
319. The person offeringSalat-ul-Mayyet should not be distant from the dead body. However, it he is praying in a congredation (Jamaah), then there is no harm in his being distant from the head body in the rows which are connected to each other.
320. InSalat-ul-Mayyit, one who offers prayer should stand in such a Way that the dead body is in front of him, except if theSalat is prayed in a congregation and the lines extend beyond on both sides, then praying away from the dead body will not be objectionable.
321. If a dead body is buried withoutSalat-ul- Mayyet, either intentionally or forgetfully, or on account of an excuse, or if it trancpires after its burial that the prayer offered for it was void, it will not be permissible to dig up the grave for prayingSalat-ul-Mayyit. There is no objection to praying, with the hope of pleasing Allah, by the graveside, if one feels that decay has not yet taken place.
322. There are 5 Takbirs (saying Allahu Akbar) inSalat-ul-Mayyit and it is sufficient if a person recites those 5 Takbirs in the following order:
After making intention to offer the prayer and pronouncing the 1st Takbir he should say: Ashhadu an la ilaha illa-llah, wa anna muhammadan Rasulullah. (I bear witness that there is no god but Allah and that Muhammad is Allah's Messenger.)
After the 2nd Takbir he should say: Allahumma salli ala Muhammadin wa ali Muhammad. (O'Lord ! Bestow peace and blessing upon Muhammad and his progeny.)
After the 3rd Takbir he should say: Allahumma-ghfi rlil-mu'minina walmu'minat. (O'Lord ! Forgive all believers men as well as women.)
After the 4th Takbir he should say: Allahumma-ghfir li-hadhal-mayyit. (O'Lord Forgive this dead male person).If the dead person is a female, he would say:
Allahumma-ghfir li-hadhihil-mayyit.
Thereafter he should pronounce the 5th Takbir.
323. A person offering prayer for the dead body should recite Takbirs and supplications in a sequence, so thatSalat-ul-Mayyit does not lose its from.
324. A person who joinsSalat-ul-Mayyit to follow an Imām should recite all the Takbirs and supplisations.
325. It is obligatory to bury a dead body in the ground, so deep thst its smell does not come out and the beasts of prey do not dig it out.
326. The dead body should be laid in the grave on its right side so that the face remains towards the Qiblah.
327. It is not permitted to bury a muslim in the graveyard of the con Muslims, nor to bury a non-Muslim in the graveyard of the Muslims.
328. It is not permissible to bury a dead body in a usurped place not in a place which is dedicated for purposes other then burial (e.g.in a Masjid), if it is harmful or obtrusive for the dedication. As an obligatory precaution this is not permitted, even if it is not harmful or obstructive for the dedication.
329. It is not permissible to dig up a grave for the purpose of burying another dead body in it, unless one is sure that the grave is very old and the former body has been totally disintegrated.
330. Anything which is separated from the dead body (even its hair, nail or tooth) should be buried along with it. And if any part of the body, including hair. nails or teeth are found after the body has been buried, they should be buried at a separate place, as per obligatory precaution. And it is Mustahab that nails and teeth cut off or extracted during lifetime are also buried.
331. It is Halal (allowed) to open the grave of a Muslim even if it belongs to a child or an insane person. However, there is no objection in doing so if the dead body has decayed and turned into dust.
332. Digging up or destroying the graves of the descendants of Imāms the martyrs, the Ulama (religious scholars) and all cases whose destroying amounts to desecration, is Halal (allowed) even if they are very old.
333. Digging up the grave is allowed in some cases, which are explained fully in defailed books.
334. In Islam, several Ghusls are Mustahab. Some of them are listed below:
* Ghusl-ul-jumu'ah (Friday Ghusl): Its prescribed time is from Fajr (dawn) to sunset, but it is better to perform it near noon. If, however, a person does not perform it till noon, he can perform it till dusk without an entention of either performing it on time or as Qačā. And if a person does not perform his Ghusl on Friday it is Mustahab that he should perform the Qačā of Ghusl on Saturday at any time between dawn and dusk.
* Taking baths on the 1st, 17th, 19th, 21st, 23rd and 24th nights of the holy month of Ramadan.
* Ghusl on id-ul-Fitr day and id-ul-Adha day. The time of this Ghusl is from Fajr up to sunset. it is, however, better to perform it before id prayer.
* Ghusl on the 8th and 9th of the month of Dhul-Hijjah. As regars the bathing on the 9th of Dhul-Hijjad it is better to perform it at noon-time.
* Some other Ghusls which are mentioned in detailed books.
ū335. After having taken a Ghusl wich its being recommended is established, like those listed in rule no. 651, one can perform acts (e.g. prayer) for which Ghosl is necessary. However, Ghusls which thier being Mustahab is not estoblished do not suffice for Ghosl (i.e.Ghosl has to be performed).
336. If a person wishes to perform a number of Mustahab Ghusls, one Ghusl with the intention of performing all the Ghusls will be sufficient.
Tayammum should be performed insdead of Ghosl or Ghusl in the following seven circumstances:
* First: when there is not any water.
337. If a person happens to be in an inhabited place he should make his best efforts to procure water for Ghosl or Ghusl till such time that he loses all hope.
338. If a person is sure that he cannot get water and does not, therefore, go in search of water and offers his prayer with Tayammum, but realises after prayere that if he had made an effort he would have fetched water, he should, as an obligatory precaution, do Ghosl and repeat the prayer.
339. If a person is already with wudw, as an obligatory precation he should not allow his Ghosl to become void if he knows that he will not he able to find water or he will not be abli to do Ghosl again whether the time forSalat has se tin or not. However, a man can have an intercourse with his Wife even if he knows that he will not be able to do Ghusl.
340. If a person knew that he would not get water, and yet made his Ghosl void or spilled the water within reach, he committed a sin but his prayer with Tayammum will be in order. However, the recommended precaution is that he should offer the Qačā' of the prayre.
* Second: Water is not within reach.
341. If aperson is unable to procure water on acount of old age or weakness, or fear of a thief or a beast, or because he does not possess means to draw water from a well, he should perform Taayammum.
* Third: Fearing from using water.
342. If using water results it death of a person or if he uses water he will suffer from some ailment or physical defect, or the illness from which he is already suffering will be prolonged, or become acute or some complications may arise in its treatment, he should perform Tayammum. However, if he can avoid the harm, for example by using warm water, he should prepare warm water and do Ghosl, or Ghusl when it is necessary.
343. It is not necessary to be absolutely certain that water is harmful to him. If he feels that there is a probability of harm, and if that probability is justified by popular opinion, then he should do Tayammum.
344. If a person performs Tayammum on account of certainty or fear about water being harmful to him but realises beforeSalat tha tit is not harmful, his Tayammum is void. And if he realises this after having prayed he should offer the prayer again with Ghosl or Ghusl, except when Ghosl or Ghusl in case of certainty or fear about being harmful results in such an anxiety which is difficult to tolerate.
345. If a person was sure that water was not harmful to him, and he did Ghusl or Ghosl, but later realised that water was harmful to him, his Ghosl and Ghusl will be void.
* Fourth: Hardship and difficulty.
346. It providing water or using it is so hard and difficult that it usually cannot be telerated, one can do Tayammum. But if he tolerates the hardship and performs Ghosl or Ghusl, his Ghosl or Ghusl willbe in order.
ū* Fifth: Nead to water for quenching one's thirst.
347. If one needs the water for quenching one's
thirst, he should perform Tayammum. Tayammum is permissible in the following two cases:
* If he fears that by using up the water for Ghusl or Ghosl he will suffer an acute thirst, which may result in his illness or death, or it may cause intolerable hardship.
* If he fears that others, who are his deapendents, may die or suffer some illness or become unbearably restless and distressed due to lack of water, even if they are not of poeple whose respect is obligatory, providing that their life is important for him, whether because of his attachment to them or because their death is harmful for him or respeeting them is commanly necessary like friends and neighbours.
* Sixth: When Ghosl or Ghusl interrupts another duty Which is more important or qual to it.
348. If the body or dress of a person is Najis and he possesses only as much water as is likely to be exhausted if he does Ghusl or Ghosl,and no water would be available for making his body or dress Tahir, he should make his body or dress Tahir and pray with Tayammum. But if he does not have anything upen which he would do Tayammum, then he should use the water for Ghusl or Ghosl, and pray with Najis body or dress.
* Seventh: Shortage of time.
349. When the time left forSalat is so little that if a person does Ghusl or Ghosl he would be obliged to offer the entire prayer or a part of it after the prescribed time, he should perform tayammum.
350. If a person intentionally delays offering the prayer till no time is left for Ghusl or Ghosl, he commits a sin, but the prayer pffered by him with Tayammum will be valid.
351. If a person doubts whether any time will be left for prayer if he does Ghusl or Ghosl, he should perform Tayammum.
352. If a person has only just enough time that he may perform Ghosl or Ghusl and offer prayer, without its Mustahab acts like Iqamah and Qunut, he should do Ghual or Ghosl, whichever is then necessary, and pary without those Mustahab parts. In face, if for that purpose, he has to avoid the next Surah after al-hamd, he should do so after doing Ghosl or Ghusl.
353. Tayammum can be done on earth, sand, lump of clay or stone.
693. Tayammum can also be done on gypsum or limestone. Similarly, Tayammum is allowed on dust which gathers on the dress or the carpets etc, provided that its quantity is such that it can be termed as soft earth.
354. If a person cannot find earth, sand, lump of clay or stone, he should perform Tayammum on mud, and if even that is not available, then on dust particles which settle on the carpets or the dresses, though it may not be in a quantity, which could be considerd as soft earth. And if none of these is available he should, on the basic of recommended precaution, pray without Tayammum, but is will be obligatory for him to repeat the prayer later as Qačā'.
355. The thing on which a person performs Tayammum should be Tahir and as as obligatory precaution be clean according to common, i.e. should not be treated with something disgusting, and if he has no Tahir and clean thing on which Tayammum would be correct, it is not obligatory for him to offer prayer. He should, however, give its Qačā', except when one's duty is to do Tayammum on dusty carpet etc, in which case the obligatory precaution is to do Tayammum on it and pray, then give its Qačā' too.
356. The thing on which a person is performing Tayammum should, if possible, on the basis of obligatory precaution, have particles which would stick to the hands, and after striking hands on it, one should not shake off all the particles from ones hands.
357. The following 3 things are obligatory in Tayammum performed instead of Ghusl or Ghosl:
ˇ Striking or keeping both the palms on the object on which Tayammum is valid. As an obligatory precaution, this should be done by both the palms together.
ˇ Wiping or stroking the entire forehead with the palms of both the hands, commencing from the spot where the hair of ones head grow down to the eyebrows and above the nose and as an obligatory precaution to the sides of forehead. And it is recommended that the palms pass over the eyebrows as well.
ˇ To pass the left palm over the whole back of the right hand and to pass the right palm over the whole back of the left hand. As an obligatory precaution the sequence of right and left hands should be observed. It is necessary for Tayammum to be with the intention of Qurbah, as mentioned in section of Ghosl.
358. If a person leaves out even a small part of his forehead or the back of his hands in Tayammum, forgetfully or intentionally, or even due to ignorance, his Tayammum will be void. However, it is not necessary to be very particular; if it can be ordinarily assumed that the forehead and the backs of the hands have been wiped, it would be sufficient.
359. In order to be sure that the backs of the hands have been wiped, wiping should be done from slightly above the wrist, but wiping in between the fingers is not necessary.
360. As a precaution, the forehead and the backs of the hands should be wiped downwards from above, and their acts should be performed one after the other without undue interruption. If someone interrupts the sequence so much that it could not be said that he is doing Tayammum, then Tayammum will be void.
361. It is not necessary to determine while making intention that a particular Tayammum is instead of Ghosl or Ghusl. However, if he has to perform two Tayammums, then he must clearly specify which is instead of Ghosl and which for Ghusl. And even if he fails to determine correctly the purpose of one Tayammum which is obligatory upon him, due to some error, it will be deemed correct as long as he is aware that he is discharging his religious obligation.
362. The forehead, the palm of the hands and the backs of the hands of a person wishing to do Tayammum are not necessary to be Tahir, though it is better to be so.
363. While performing Tayammum one should remove the ring one is wearing and also remove any obstruction which may be on his forehead or on the palms or back of his hands (e.g. if anything is stuck on them).
364. If a person has a wound on his forehead or on the back of his hands and if it is tied with a bandage or something else, which cannot be removed, he should wipe with his hands over it. And if the palm of his hand is wounded and, bandaged in a way that it cannot be removed, he should strike his bandaged hands on a thing with which it is perrmissible to perform Tayammum and then wipe his forehead and the back of his hands. But if a part of itis open, striking and wiping with that part will be enough.
365. There is no harm if there is hair on the forehead or on the back of hands. However, if the hair of his head fall on his forehead then it should be pushed back.
366. If one feels that one has some obstruction on his forehead or on the palm or back of his hands, an obstruction commonly known to be so, then one should verify and ensure that the obstruction is removed.
367. If the obligation of a person is Tayammum but he cannot peform it himself he should solicit assistance. And the one who assists should help him to strike his own hands on a thing on which it is lawful to perform Tayammum and then wipe his forhead and hands with his own hands. If this is not possible the one who assists should make him perform Tayammum with his own hands. However, if this is not possible too the assistant should strike his hands on a thing on which it is lawful to perform Tayammum and then wipe it on the persons forehead and hands. In the first instance, the intention for Tayammum by the person himself will be sufficient, but in the other two cases, as an obligatory precaution, both he and his assistant should make the intention.
368. If a man doubts while performing Tayammum whether or not he has forgotten a certain part of it, after he has passed that stage, he should ignore his doubt, and if that stage has not yet passed, he should perform that part.
369. If, after wiping the left hand, a man doubts whether or not he has performed his Tayammum correctly his Tayammum is valid. But if his doubt is about wiping of the left hand and if it cannot be said that he has passed the Tayammum, like when he has entered an act which requires Taharah (purity) or when a gap has happened after it, he should wipe the left hand.
370. A person whose obligation is Tayammum if he does not hope to be relieved of his excuse during the entire time ofSalat or if considers probable that if delays if he can not do it in time, he can do Tayammum before the prayers time. However, if he performs Tayammum for some other obligatory or Mustahab act and his excuse (on account of which his religious obligation is Tayammum) continues till the time for prayer sets in, he can offer his prayer with that Tayammum.
371. If a person whose obligation is Tayammum knows that his excuse will continue till the end of the time ofSalat, or has no hope for its removal, he can offer prayer with Tayammum even during the early part of the time.
But, if he knows that his excuse will cease to exist by the end of the time he should wait and offer prayer with Ghosl or Ghusl as the case may be. In fact. if he has a glimmer of hope that his excuse might be removed near the end ofSalat time, it will not be permissible for him to do Tayammum and pray, until he loses hope altogether, unless when he considers probable that if he does not pray earlier with Tayammum, he cannot pray till the end of the time, even with Tayammum.
372. It is permissible for a person who cannot do Ghusl or Ghosl, to offer with Tayammum the daily Mustah ab prayers for which the time is fixed.
However, if he has hope that his excuse may cease to exist before the time for prayers is over then, as an obligatory precaution, he should not offer the Mustahab prayers during the earlier eart of their time. Those Mustahab prayes which donot have any fixed time, absolutely can be done with Tayammum.
373. If a person does Ghusl in state of Jabírah, and perfoms Tayammum as a measure of precaution, and after having prayed he experiences a minor ritual impurity (an act which breaks Ghosl, like passing wind or urinating), he should do Ghosl for subsequent prayers. And if that ritual impurity had occurred before he had prayed, he should do Ghosl for that also.
374. If a person performs Tayammum on account of non-availability of water or because of some other excuse his Tayammum becomes void as soon as that excuse ceases to exist.
375. The things which invalidate Ghosl invalidate the Tayammum performed instead of Ghosl also. Similarly, the things which invalidate Ghusl invalidate the Tayammum performed instead of Ghusl also.
376. If one has upon him several obligatory Ghusls, but he cannot do them, it is permissible for him to perform one Tayammum instead of all those Ghusls.
377. If a person performs Tayammum instead of Ghusl it is not necessary for him to perform Ghosl for prayers, whether the Ghusl is Janābah or one of other Ghusls.
378. If a person performs Tayammum instead of Ghusl and later he commits acts which makes Ghosl void and if he still cannot do Ghusl for later prayers, he should do Ghosl.
379. If a person whose obligation is Tayammum performs Tayammum for an act, he can perform all those acts which should be done with Ghosl or Ghusl, as long as his Tayammum and the excuse remain. However, if his excuse was shortage ofSalat time, then his Tayammum is valid for its intention and purpose only.
