A Clarification Of Questions: An Unabridged Translation Of Resaleh Towzih Al-masael 9780367017255

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A Clarification of Questions

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About the Book A Clarification ofQuestions

by Ayatollah Sayyed Ruhollah Mousavi Khomeini translated by J. Borujerdi This unabridged translation ofAyatollah Khomeini'sA Clarification ofQuestions provides a unique picture of the belief structure ofShi'ism. A compendium of 3000 "problems," Khomeini's treatise is intended to guide laymen in their religious duties. as well as to cover all of life's questions and needs, from personal hygiene and ritual purity to organ transplants and modem banking. The Resaleh Towzih al-Masael, the latest in a long tradition of similar writings, reveals how the external world is viewed by the Shi'ite faithful; Khomeini's imprimatur gives it special relevance today.

A Clarification of Questions An Unabridged Translation of

Resaleh Towzih al-Masael by .

Ayatollah Sayyed Ruhollah Mousavi Khomeini TRANSLATED BY J. BORUJERDI

with a Foreword by Michael M. J. Fischer and Mehdi Abedi

First published 1984 by Westview Press, Inc. Published 2018 by Routledge 52 Vanderbilt Avenue, New York, NY 10017 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN Routledge is an imprint of the Taylor & Francis Group, an informa business Copyright © 1984 Taylor & Francis All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. Library of Congress Catalog Card Number: 84-50702 ISBN 13: 978-0-367-01725-5 (hbk)

CONTENTS

Foreword Translator's Note Acknowledgements

xxxiii

Imprimatur

xxxiv

ix XXX

Problems New Questions Index Supplemental Index Appendix I (Glossary)

1

394 415

Appendix II (from Tahrir al-Vasileh)

vii

422 423 428

FOREWORD The book now in your hands is a very interesting sort of text, one that for the ordinary English reader will require some words of introduction. First of all, you must understand that this text grows out of an oral tradition: the text is but a dry skeleton, for which the living flesh must be supplied; or, to use another metaphor, it is but an archeological shard, the living function for which must be reconstructed. Secondly, this text represents a purity code. Such codes, of course, exist in Leviticus in the Bible, and are important in many religions. Contemporary Americans and Europeans, however, have largely lost touch with such purity codes, or encounter them mainly in the anthropological classroom. Indeed, for anthropologists, this Treatise is one more textbook in the logic of purity systems. Thirdly, to appreciate this text, one must know something of the development of the institution of the Shi'ite Islamic clergy over the past century and its relationship to the rank and file of Muslim believers, particularly as the latter become increasingly literate. Given these three cautions, which we will take up one by one, this text can serve as an important key to the belief structure of ordinary Shi'ite Muslims, both to the logic underlying their positive religious imagination and modes of argumentation, and also to their existential fears and psychology. Sigmund Freud claimed that civilization could not exist without repression: just as many recent confessionals about the terrors of growing up Catholic have begun to appear, so this text provides a rather unique insight into the repressions and terrors of growing up Shi'ite. This particular text was issued by Ayatullah Ruhullah Musavi Khomeini, the current leader of the Islamic Republic of Iran. It therefore has a special legitimacy. But it is in fact one of a very stereotypic set of texts: all of the top rank clergy issue such treatises, all of which are nearly identical. So, it is not the particular text that is so important, but all the things it represents.

The Oral Tradition of Masa/eh-gui.

Masaleh-gui (relating problems or questions through illustrative examples) is one of the public entertainments of traditional Persian Islamic life. Each night after prayers in the mosque (and sometimes after morning prayers as well), a man would sit on the minbar (the step-like wooden structure which serves preachers as a pulpit) and relate masaleh. Masaleh (pl. masa'il, from so'al, "question") in the present context refers to ix

questions and answers about the rituals and duties incumbent upon a Muslim. (Women had their own masaleh-gu-ha or tellers of masa•it, but might also listen to male masaleh-gu-ha.) This was a way of disseminating among illiterate and ill-educated folk the basic rules of Islam: how to pray and perform other rites (the haj, marriage, funerals, the fast during Ramadan), how to purify oneself for prayer, and how to make oneself acceptable to God so that ultimately one might be accepted into heaven. The points were often made with humor, stories, anecdotes, riddles, and poetry. Masaleh-gu-ha, the tellers of masa>;/, were often young theological students (tullab), but sometimes this turned into a lifelong occupation, even one that might be passed on from father to son. Sometimes the masaleh-gu served as a rawzeh-khan, that is a preacher of a popular style of sermon which was tagged to the paradigmatic story of the martydrom of Imam Husain at Karbala, but instead of delivering a sermon, the masaleh-gu would tell his masa•;t and then relate them somehow to Karbala 1 • For instance, if the topic under question was procedures of purification, the masaleh-gu might end by saying, "there was no water [a key purifying agent] at Karbala" and drawing out the tragic implications. One popular masaleh-gu in the town of Yazd, Shaikh Muhammad Montazeri, was nicknamed "Akhund-i Felfel-Namak" (the spicy preacher) because he was so funny. He even published a collection of his anecdotes, riddles, poems and stories, Kashkul-e Montazeri (kashkul is the bowl of a darvish in which he carries a miscellany of items; the tradition of such books goes back at least to Shaikh Baha'i, d. 1621). Since the revolution, there has been an interesting revival of this folk form: on television, one of the most popular programs is a masa/eh-gu. Nor would it always be a passive audience listening to a preacher. Members of the audience occasionally would challenge the masaleh-gu, and more often would raise questions for him to answer. The masalehgu, in turn, would try to keep his audience by posing a riddle and deferring the answer until the following night. One is reminded of the famous joke about Mullah Nasruddin, who mounted the minbar one evening and asked the audience if they knew what he was going to talk about. They said no. He thereupon became angry and said: why then have you come here to listen? He came down from the minbar and left. The next night he began with the same question. So the audience said: yes. And he replied: if you already know what I'm going to say, I need not say it. Again he left. The third night, half the audience said yes, and half said X

no. So Mullah Nasruddin said: those who know, tell those who do not. And left. Many of the masa'il had to do with rules of praying and the purity required in order to offer efficacious prayers. For instance, the formal prayer, the namaz, is composed of a number of units, called raka't. Suppose one forgets if one has done one or two raka't, how should one count it? Both are void, say the mujtaheds (the religious experts), and one should start again. Perhaps this rule is because for prayer to be acceptable it must be done with the proper conscious intention (niyyat): if one is not paying attention, it is hardly a sincere prayer. (If one forgets whether one has said three or four units, it is counted as four, but one must add an extra unit, called an ehtiat, "caution" unit, to be on the safe side and to be sure.) Niyyat (intent) is a crucial moral concept which tempers strict ritualism, and there is a wonderful body of lore on the disease called waswas literally meaning "doubt", but meaning such extreme concern with ritual precision that absurdity results. Three wellknown stories from the masaleh-gu repetoire may illustrate. There is a story about the nineteenth century marja'-i taqlid (supreme authority on the law), Shaikh Morteza Ansari (d. 1864), that one day when he went to the public baths, he saw a student at the pool making the same sound over and over. The poor lad was trying to make a foreign Arabic sound to begin his ablutions with an Arabic formula. (Formal prayer for Muslims is always in Arabic.) Being unsure he had it right, he would start again. Shaikh Morteza asked what he was doing. The lad replied that he wanted to say the niyyat (intention) for a ghosl (full ritual ablution), and that his teacher, Shaikh Morteza Ansari, had taught him about the necessity of proper niyyat, that he was doubtful he was performing it correctly, and so could not proceed to the ablution proper. Shaikh Morteza replied curtly: I do not hold niyyat to be obligatory (wajib); get on with it, get it done. (See also Problem #299) In Yazd, the folk story is told of the student who had sawda (the Yazdi term for waswas). His fellow students decided to cure him. They took a dog, sprayed it with water, and then let it loose in the student's room. Now dogs are ritually polluting, and water conducts pollution. The dog shook itself, thereby making everything from books to carpets najes (ritually impure), at least to one fanatically concerned with ritual cleanliness. The poor student had only one recourse; he shut his eyes and said, "May God will, it was only a goat!" (insha'allah buz bud). (Goats are not polluting, and insha'allah buz bud is the saying for occasions

xi

when someone does not want to face reality). The disease of waswas is common. In a biography by his son-in-law, it is noted that the late Ayatullah Sayyid Hossein Borujerdi (d. 1960) fell under its influence as a student 2 • The reaction of pragmatic Muslims i~ encoded in a story of' Ali, the first Imam, that when he went to urinate, he would always sprinkle a little exrra water on his garments so that in the event a little urine splashed on them, he could say ir was the water and there would be no major commotion over a minor riiUal matter. (Urine, like dogs, is one of the ten or twelve items or sources of pollution.) For pragmatists, there is a hadith: everything is pure unless you are sure it is impure. The proper performance of ritual is the subject of infinite debate and concern, with much hair-splitting argumentation about both real and hypothetical situations 3 • But ritual does not override questions of intent or ethics. One normally needs water to perform the ablutions prior to prayer; but if there is a limited amount of water available, if it is a choice of ablution or watering a thirsty animal, or even if it is a choice of ablution depriving crops of water previously earmarked to irrigation, it is not permissible to invoke the ritual duty in order to perform the ablution with the water (this is the meaning of Problems Numbers 267 through 275). These rules are not merely mechanics of ritual procedure: they are linked to Islamic respect for private property and serve as a ritual reinforcement of the latter. One may perform prayers only with the permission of the owner of the land on which one is praying and of the water one uses for the ablutions. Should the owner of a stream refuse permission, to nonetheless use it for ablutions would make the prayers void. The logics of ritual procedure and of the purity code are logics that can be played with infinitely: such play can be used to hone debating skills and intellect; it can, of course, also be misused and lead to oppressive and absurd impositions. Ayatullah Khomeini in other, more political treatises, has attacked clerics who spend their lives teaching only about ritual matters as silly masaleh-gu; in Islamic Government (1971), he sarcastically asks if they think the Prophet Muhammad or the sixth Imam (an important figure in the elaboration of Shi'ite jurisprudence) were masaleh-gu. His point is that religion deals with more serious matters, with the moral organization of society, and to ignore this for ritualism is an absurdity. Those who in the early days of the 1977-79 Revolution sought to discredit Khomeini by citing from his Risaleh Towzih al-Masa'il minute rules having to do with how to purify oneself after

xii

bodily elimination, after sexual activity, or indeed what exactly constitutes such offenses as beastiality were themselves taking these debates to absurd lengths 4 • The discussions of beastiality might indeed come up in a masaleh-gui session, but it would be treated with roughly the same laughter and amusement that the Western reader would receive it with. (Such discussions are often introduced with the phrase lifting normal rules of propriety in public speech: Ia haya-ifi al-din, i.e., in matters of religion, nothing is shameful to speak about.) Consider some of the simple, yet more intellectual puzzles. Suppose in the course of building a mosque, it is discovered that some of the money has come from an illegitimate source: e.g., profits from the sale of alcohol, or a robber's effort to placate God for his crime, or simply from illegitimate mercantile profits (gained by cornering a market, hoarding, excessive mark-ups, etc.). A mosque built with money that is not halo/ (from legitimate sources) is not a fit place for prayers; prayers there are technically void. What does one do? There is a procedure for correcting this problem, called tassaroj-i shari ("capturing by the law"). Often the masa/eh-gu, as one who knows the procedures', is the intermediary who informs a mujtahed by writing him an estefta (a written inquiry) about the problem. When he receives the reply, he may use it in his public masaleh-gui session after prayers, saying, "I have received today an answer Uavab-e estefta) from Ayatullah so-and-so". The mujtahed instructs the masaleh-gu or some other representative to close the mosque, to place a lock on it, and to recite a technical formula through which purification occurs. The mosque can then be reopened. Many ritual traditions have such procedures, which symbolically resanctify a ritual area which has become impure. There are, of course, infinite possibilities and situations: a mosque on land bought with illegitimate money can never be purified; if it is only the walls that is another matter, because the prayers are done on the ground or floor and the walls may be ignored. Such a case actually occurred in Yazd at the Congregational Mosque when, some years back, the government decided to do repairs. The government's money was considered tainted, but as long as the repairs only involved the tile work on the walls and minarets, there was no problem. When, however, the floors were repaired, the ritual closing and reopening procedure was employed. Another use of this same procedure occurred when a village mullah falsely claimed to be the representative of Ayatollah Shahabuddin Mara'shi-Nejafi, and collected religious taxes from the villagers on behalf Xlll

of the ayatullah, with which he then built a mosque. When the villagers found out about the false claim, they brought him before the ayatullah. The latter seized the money, then returned part of it as a "gift" (hebe). The portion returned, as in this case, might be the majority, since in this case it had gone for a goOd use. (The man explained that the village mosque had long been in disrepair and this was the only way he could get the villagers to cough up enough money to do something about it.) Consider a slightly different sort of problem. Suppose you are a barber. Now by Islamic law it is forbidden (haram) to shave one's beard or any Muslim's beard. But as a modern barber it is part of one's occupation to shave beards. Your income thus is partly halal (from a legitimate source) and partly haram. The easiest solution is to pay a fifth of it (khoms) as religious tax, and the rest becomes halal. (See #1813-1818). It is easy to dismiss these procedures as mendacious, and indeed Iranians themselves often do so. The joking response to anyone who asks whether something is halal or haram (permitted or forbidden) is "pay the share of the mullah and it is halal".

But there is a darker side, and that is that believers do worry about all these matters. Young girls are often warned not to engage in sexual play with boys: that if they lose their virginity their marriage possibilities will be ruined and they may be subject to physical abuse as well; but they are rarely warned about menstruation. When menses first appear they may bt! mortified to the point of making themselves ill in fear that while they were sleeping they had been raped. Problems of honor, purity (menses are impure), and being a good Muslim (sin and salvation) become confused in a guilty terror. Similarly adolescent boys, taught about the impurity of all sweat after forbidden masturbation or sexual play until ablutions purify them, may be terrified into feeling that unknowingly they have caused the pollution of everything they have touched including mosques they have walked through, and that thus they may be responsible for voiding the prayers of all their contemporaries. Fears of death and the next world are quite as disturbing to many as pubescent confusions about sexuality and purity. Folklore is full of stories about the passage into the next world: how death may come easily for the few who are good, at peace with God, and not overly attached to the material pleasures of the world; but death may also be a painful frightening experience: like the screech of a rusty nail being pulled from a piece of woOd, so may the soul be extracted from the corporeal body. And the soul is interrogated: should one become tongue-tied at this

xiv

point, one may lose all, and be cast into the depths. Each funeral can reinforce these anxietierrrect and rewarded - God willing. [copy (a)]

In the name of God, the Merciful, the Compassionate To act according to the noble treatise, Towzih al-Masael, which has been tallied with the decrees of this lowly person, is rewarded God willing, Exalted. Sealed: Ruhollah Mousavi. [copies (b,c,e)]

In the name of God, the Merciful, the Compassionate I observed the noble treatise Towzih ai-Masael, in which the glosses of this lowly person have been entered by some who are trustworthy. Acting according to it is rewarded; God willing, Exalted. Ruhollah Mousavi ai-Khomeini. Sealed: Ruhollah Mousavi. [copies (b,c,d,f)] xxxiv

Resaleh Towzih al-Masael "In the name of God, the Compassionate, the Merciful. Praise be to God, the God of The Worlds and salutations and peace to His Best Creation, Mohammed, and His pure family and the damnation of God be to all their enemies until the Day of Judgement."

PRECEPTS OF IMITATION Problem #1. A Moslem's belief in the fundamentals of religion must be based upon reason and he may not practice imitation in regards to fundamentals of the religion, that is, accepting someone else's statement without reasoning. But in regards to the precepts (ahkam) of the religion he must either be an Expert (Mujtahed) and arrive at those precepts by reasoning or he imitates certainty from an Expert, that is, he acts according to his orders. Or, he must practice his duties so cautiously such to be certain of having practiced according to one's duties. For example, he refrains from practicing an act which is considered unlawful by some Experts and not unlawful by others and practices an act which is considered obligatory by some and recommended by others. Thus, it is obligatory for those who are not Experts and who cannot exercise caution to imitate an Expert. (NOTICE: Since a mistake has occurred in the printing of the first problem its corrected form is now presented to you as follows; Problem #1. A Moslem must have certainty in the fundamentals of the religion and in the precepts of religion he must either be an Expert and arrive at those precepts by reasoning or imitate an Expert, that is, .... )

#2. To imitate precepts is to act according to the instructions of the Expert and one must imitate an Expert who is a man and has reached puberty and is sane and is a Twelver Shiite and is of legitimate birth and is alive and is just. And, as an obligatory caution, one must imitate an Expert who is not greedy and who excels other Experts in knowledge, that is, one who excels all other Experts of his time in understanding God's biddings.

#3. There are three ways to recognize the Expert and the most knowledgeable. First is certainty from personal knowledge, that is, the

person himself is a man of knowledge and hence able to discern as to who is an Expert and the most-knowledgeable. Second is when the expertise and distinguishedness of a person is attested to by two just religious scientists who can recognize an Expert, provided that they are not con-1-

tradicted by the judgement of two other just religious scientists. Third is that a group of men of religious science who can recognize an Expert and a most-knowledgeable, and who themselves are reliable, attest to the expertise and the excellence of the person in question. #4. If the recognition of the most-knowledgeble is difficult one must imitate that whom he suspects to be most-knowledgeable. Further, with a small likelihood that a certain ·person is most-knowledgeable and with the knowledge that others do not excel that person he must imitate him. And if, in his mind, there are a number of people who excel from others but are equals among themselves, he must imitate one of them. #S. There are four ways to obtain a religious decree (fatva), that is an Expert's order. First is to hear it from him. Second is to hear it from two just persons who narrate the Expert's decree. Third is to hear it from a person who is known for truthfulness and reliability. Fourth, by reading it in the Expert's treatise if one is certain as to the correctness of that treatise. #6. Until one is not certain that the Expert's decree has changed one can act according to the writings in his treatise. There is no need for search if he suspects that the Expert's decree may have changed. lf1. If the most-knowledgeable Expert issues a decree, his imitators, that is those who imitate him, cannot, on that issue act according to the decree of a different Expert. But if he does not render a decree and bids caution.on a matter to be practiced in a certain fashion, for example if he bids that it is a matter of caution that in the third and fourth units of prayer one repeats the four-doxology, that is "Glory to God and Praise be to God and there is no God but God and Greater is God'', three times then the imitator must act according to the caution which is called an obligatory caution and say the (above) phrase three times. Or, as an obligatory caution, he must act according to the decree of an Expert who is less knowledgeable than the most-knowledgeable Expert but knows more than other Experts. Thus, if the latter opines that saying [the doxology] only once is sufficient he can do so and the same holds if the mostknowledgeable Expert bids that a problem commands further deliberation, or that it is fraught with difficulty. #8. If the most-knowledgeable Expert calls for caution following his issuance of a decree, for example he bids that an unclean container once washed in Kor water [see #16] is clean even though it is cautionary to do so three times, his imitator cannot, on this matter, act according to the decree of another Expert and must either act according to the decree or according -2-

to the caution which followed the decree, called a recommended caution, unless the other Expert's decree is closer to caution yet. #9. If the Expert who one imitates dies one must imitate a living Expert. However, one who, in certain matters, has been acting according to the decree of a certain Expert can, after the death of that Expert, imitate him on all matters. #10. If a person has been acting according to the decree of an Expert on some matter and, following the death of the latter, has acted according to the decree of a living Expert on the same matter, he cannot switch and act accor-ding to the deceased Expert. However, if the living Expert does not issue a decree on a matter and advises caution an~ the imitator acts accordingly for a time he may then follow the decree of the late Expert. For example, when an imitator who has acted for sometime according to the order of an Expert who deemed that one recitation of "Glory to God and Praise be to God and there is no God but God and Greater is God" in the third and fourth units of the prayer was sufficient and following the death of that Expert he followed another Expert who called for three consecutive recitations of the verse as an obligatory caution and he acted for some time according to that caution, he can switch to the decree of the deceased Expert and recite the verse only once. #11. It is obligatory to learn the problems with which one encounters frequently. #12. If one encounters a problem about which one does not know the decree he can wait until he has access to the decree of the mostknowledgeable Expert. Or, if it is possible to act cautiously he may do the act if that does not entail something which should have been shunned. Lat.er, if it became evident that it was contrary to the fact or the statement of the Expert he must repeat it. #13. If one narrates a decree of an Expert to another it is not necessary to inform him of any later change of the decree of that Expert regarding that matter. However, if after narrating a decree he becomes aware of a mistake he had made he must, if possible, correct the mistake. #14. If an accountable (mokallat) person for some time practices his acts without imitating an Expert his actions are correct if he understands that he acted according to his real duty or that his action corresponded to the decree of the Expert he must presently imitate; unless he has practiced the act in a manner closer to caution than those decreed by the Experts, in which case it is also correct. -3-

PRECEPTS OF CLEANING (Water, Additive and Absolute) #15. Water is either absolute or it has additive(s). Water with additive is one extracted from something else, like watermelon water or rosewater, or one mixed with something else like water mixed so much with mud that it is no longer called water. Anything else is absolute water and of this there are five kinds: first, "Kor" water; second, small water; third, running water; fourth, rain water; fifth, well water. 1. Kor water #16. Kor water is an amount of water that fills a container measuring 3.5 spans each in length, width and depth, weighing 128 Tabriz man less twenty mesghals which is equal to 383.906 kilograms. [1 man equals 3 kilograms] #17. If an unclean in substance, such as urine or blood, reaches Kor water it will make it unclean if it imparts to the water its smell or color or taste. If it does not change these the water is not unclean. #18. If the smell of Kor water changes because of something not unclean it does not become unclean. #19. If an unclean in substance, such as blood, reaches a water exceeding the measure of Kor and changes the smell or the color or the taste of a part of the water that water is unclean if the amount of the unchanged portion is less than Kor. When the unchanged segment exceeds the measure of Kor, only the amount with changed smell or color or taste is unclean. #20. Sprinkling water connected to a Kor water source will make clean an unclean water if it mixes with the latter but if it comes upon the unclean water in drops it does not, unless an object is held over the sprinkler such that its water mixes with the unclean water prior to sprinkling. #21. If something unclean is washed under a tap connected to Kor water, if the trickled water is connected to Kor water and its smell or color or taste remains unchanged it is clean. #22. If part of Kor water becomes frozen and the remaining part is less than Kor in measure, if reached by an unclean it becomes unclean and any amount of the ice that melts is unclean as well. #23. If one is in doubt as to the size of a water which is in fact Kor in size that water is like Kor water in that it can clean an unclean and if reached by an unclean itself does not become unclean and any water which was less than Kor and one doubts as to whether or not it has -4-

reached the Kor measure is not the same as Kor water.

#24. Kor water is substantiated in two ways. One, when one is certain as to the fact and two, when two just men have testified to that effect. 2. Small water #25. Small water is that whichdoes not bubble out of the ground and is less than Kor. #26. If small water is poured over an unclean object or is reached by an unclean object, it becomes unclean, but if under pressure it arrives from above, that part that reaches the unclean object is unclean but the part further up is clean. And if, like a sprinkler, it shoots upward under pressure, when unclean reaches the upper part the lower portion remains clean but if the lower part is reached by the unclean the upper part becomes unclean. #27. The small water which is poured over an unclean thing (in order to remove the unclean substance from it) and separates from that thing is unclean. And, as an obligatory caution, one must avoid the small water that separates from the unclean thing when rinsing the latter after the removal of the unclean substance. But the water used in washing the exits of urine and stool is clean under five conditions. One, it does not have the smell or color or taste of the unclean. Two, it has not been reached by an unclean from outside. Third, no other unclean such as blood or urine or stool has emerged. Fourth, pieces of stool are not visible in the water. Fifth, no more than the ordinary amount of unclean had reached the surroundings of the anus. 3. Running water #28. Running water is that which bubbles out of the ground and has current, like springs and subterranean canals. #29. Running water, even if less than Kor in amount, when reached by an unclean remains clean unless it changes in smell or color or taste. #30. If an unclean reaches running water, that portion of it which has changed its smell or color or taste is unclean and the side which joins it with the spring is clean even though it may be less than Kor in size. Other running waters if they measure up to Kor or are connected by a stream of unchanged water to the spring side is clean, else it is unclean. #31. The water of a spring which is not running, but when a portion of it is removed continues to bubble, is like running water. Thus if reached by an unclean it remains clean as long as its smell or color or taste remains unchanged.

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#32. The water sitting next to a river and is connected to running water is like running water. #33. A spring which, for example, bubbles in the winter and does not bubble in the summer is like running water only when bubbling. #34. The water within the pool in a public bath, if connected to a fountain measuring Kor, is like running water even if itself measures less than Kor. #35. The water from pipes in bathrooms coming out of faucets and showers, if connected to a Kor source is like running water and the water in the plumbing of buildings, if connected to a Kor source is like Kor water. #36. Water that is running over the ground but is not bubbling from it, if measuring less than Kor and is reached [contaminated] by an unclean it becomes unclean, but if it is pouring down from above, in case of contamination of the lower part the upper part does not become unclean. 4. Rain water #37. Once it rains over something unclean which does not contain an unclean in substance the place to which the rain reaches becomes clean. And in the case of carpets and clothing and things of that sort pressing is not necessary. But two or three drops of rain is of no use. It must be such that people say that it is raining. #38. If the rain comes over something which is unclean in substance and then sprinkles onto something else, if not accompanied by the unclean substance and if its smell or color or taste has not been changed by the unclean it is clean. Thus if it rains over blood and then sprinkles, if there is a minute piece of blood in it or if its smell or color or taste is that of blood the rain water in unclean. #39. If there is something unclean in substance over the ceiling or the roof of a building, the water which has reached the unclean object and is running over the roof or in the gutters is clean as long as the rain continues. And when it stops raining if it becomes known that the running water has been in contact with something unclean it is unclean. #40. An unclean ground showered by rain becomes clean. And if rain water which is running over the ground reaches an unclean space under a roof it will clean the latter. #41. An unclean earth made into mud by rain, and inundated with it, is clean. But if the rain only moistens the earth it will not become clean. -6-

#42. If the rain water accumulates somewhere, even if less than Kor in amount, it will clean an unclean object washed in that water while it is raining, provided the water does not take the smell or color or taste of the unclean. #43. If it rains over a clean carpet spread on an unclean earth and rain water flows over the unclean earth the carpet does not become unclean and the earth becomes clean. 5. Well water #44. The well water which bubbles from the ground, even if less than Kor, when reached by an unclean remains clean as long as its smell or color or taste has not been changed by the unclean. But it is recommended that when certain uncleans reach it, a certain amount, detailed in books, be removed from the well. #45. If an unclean pours into a well, changing the smell or color or taste of its water, if the changes of the well water are restored, it becomes clean whenever it mixes with the water that bubbles out of the well. #46. Rain water or any water accumulating in a hole measuring less than Kor becomes unclean if reached by an unclean after the rain has ceased. PRECEPTS OF WATERS

#47. Water with additive, as previously defined, does not clean an unclean object. Ablution and bathing with such water is void as well. #48. If a small piece of unclean reaches additive water the latter becomes unclean but when it pours with pressure over something which is unclean the amount which reaches that object is unclean and the part located above the object is clean. For example, if rose-water is poured over an unclean hand from a bottle the portion which has reached the hand is unclean and the part which has not is clean. And if, like a sprinkler, the additive water spurts from below upward the part reaching an unclean object is unclean and the lower part is not unclean. #49. If an unclean additive water mixes with Kor or running water such that it would not be called additive water it becomes clean. #50. A previously absolute water which is not known to have become additive water is like an absolute water, that is, it will clean an unclean object and is acceptable for ablution and bathing (vozoo and ghost). And a previously additive water which is not known to have become absolute is like an additive water, that is, it does not clean an unclean and ablution and bathing with it are void. -7-

#51. Water which is not known to be absolute or additive and its past in this respect is not known does not clean an unclean and ablution and bathing with it are void but if it amounts to Kor or more and is reached by an unclean this does not mean that it is unclean. #52. When water reached by an unclean in substance such as blood or urine, changes its smell or color or taste it becomes unclean no matter if running or amounting to Kor. But if the change in smell or color or taste is due to an unclean object located outside the water, such as a corpse located next to it, it does not become unclean. #53. When an unclean in substance such as blood and urine is poured into water and changes in smell or color or taste it becomes clean if connected to Kor or running water or rained upon or when rain is brought to it by the wind or if rain pours into it by means of a gutter and thus eliminates its change. But the rain or the running water must mix with it. #54. If an unclean object is immersed into Kor or running water if it is of those things that clean after one attempt the water that trickles from it is clean. If the object is of those that cleaning it requires two acts of immersing them then the water trickling from it after the second attempt is clean. #55. Water which at one time has been clean and is not known to have become unclean (or not) is clean and water which has been unclean before and is not known to have become clean is unclean. #56. ·Leavings from dogs, pigs and infidels are unclean and eating them is unlawful and the leavings of animals whose meat is unlawful for eating is clean and eating them is abominable (makrooh). PRECEPTS OF EVACUATION (Urination and Defecation) #57. It is obligatory for people, while evacuating and upon other occasions, to cover their private parts from those who are duty-bound (religiously accountable) even if they are among relatives with whom marriage is unlawful (mahram), such as a sister or mother, as well as from discerning lunatic and discerning children who know bad from good. But it is not necessary for husband and wife to cover their private parts from one another. #58. It is not necessary to use any specific material for covering the private parts; for instance the use of hands for this purpose is sufficient. #59. At the time of evacuation the front of the body, that is the ab-8-

domen and the chest, must not be toward or against the kiblah.

#60. If, while evacuating, the front part of a person is towards or against the kiblah it is not sufficient to twist the private parts away from the kiblah and if the body's front is not toward or against the kiblah, it is an obligatory caution not to turn the private parts towards or against the kiblah. #61. Posing towards or against the kiblah while cleaning the exits of urine and stool is of no concern. However, it is unlawful to be posed against or towards the kiblah if urine emerges from the exit while practicing drainage. #62. If one has to sit in front of or against the kiblah in order to avoid being seen by strangers he must sit towards or against the kiblah. Similarly, there is no concern in sitting towards or against the kiblah when one is helpless in other ways. #63. It is an obligatory caution not to seat a child in front of or against the kiblah for evacuation but if a child does so on his own it is not obligatory to prevent him from that.

#64. Evacuation is unlawful in four places. First, in deadend alleys in case their owners have not given permission. Second, in the property of a person who has not given his permission. Third, in a place endowed to a specific group of people such as some of the schools. Fourth, over the graves of the faithful, if it would be considered disrespectful. #65. Under three conditions the anus is cleaned only with the use of water. First, when another unclean such as blood has accompanied the stool. Second, when an unclean object has reached the anus from outside. Third, when the surroundings of the anus is polluted with feces more than usual. Apart from these situations one can wash the anus either with water or clean it with a piece of cloth or stone or the like, in a manner to be given later, although washing with water is better. #66. The exit for urine is only cleanable with water and it is sufficient

to be washed once following urination. But those whose urine exits from an unnatural passage should wash twice, as an obligatory caution. And the same applies for a woman as it does for a man.

#67. When washing the anus with water no stool should remain in it but the persistence of the color and smell of stool is of no concern and if the anus is thoroughly cleaned of stool in the first washing it is not necessary to repeat washing it. #68. When stool is removed from the anus with a piece of stone or clay or other such things, even though the cleaning of it is a matter for deliberation, laying a prayer is of no concern. And if something touches it,

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it will not become unclean and the minute pieces and the sliminess of the place is of no concern. #69. It is not necessary to use three pieces of stone or cloth to clean the anus, it is enought to use the sides of one piece of stone or cloth. And if the cleaning is accomplished by one act of removal it is enough. But if the place is cleaned with. a bone or dung and with items whose respect is necessary, such as a piece of paper with God's name written on it, he can not lay prayer.

lflO. If one doubts whether he has cleaned his anus or not, even though he has always done so immediately following urination or defecation, he must clean himself. lfll. If after he has laid a prayer he doubts whether or not he had cleaned his exit prior to the prayer, that prayer is correct but he must clean himself for the upcoming prayers. Drainage lf12. Drainage is a recommended act that men do following urination and it is of several kinds, the best of which is as follows. First, after urination is ended, if the anus has become unclean it is cleaned. Then, using the middle finger of the left hand pressure is applied from the anus to the root of the penis three times. Then with the penis between the thumb on the top and the next finger underneath it, pressure is applied down to the circumcision site three times. Then the glans is pressed upon three times.

lf13. The fluid that exits from a human following [sexual] play, called mazee, is clean. So is the fluid that exits after semen, called vazee, and the fluid which sometimes exits after urination, called vadee, providing urine has not reached it. If following urination, one practices drainage and then fluid exits from him causing him to doubt whether it is urine or one of the others, it is clean. lf14. If one doubts whether he has practiced drainage or not and a wetness exits from him that he does not know as to its cleanliness or uncleanliness it is unclean and his previous ablution is void. But if one doubts the correctness of his practiced drainage and a wetness emerges from him that he does not know as to its cleanliness it is clean and his ablution is not void. lflS. A person who has not practiced drainage, if due to the length of time passed since urination, is certain that no urine exists in his passage and then he witnesses a wetness causing him to question its cleanliness or

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otherwise, that wetness is clean and his ablution is not void. lf76. If one practices drainage and ablution following urination and then sees a wetness that he knows it is either from urine or semen it is obligatory for him to do a cautionary bathing as well as ablution. But if he had not done any ablution doing so is sufficient. lf71. There is no drainage for a woman and if she sees a wetness and doubts its cleanliness it is clean and it does not void her ablution or bathing either. Desirables and Abominations of Evacuation · lf78. It is recommended that during evacuation one sits in a place that no one sees him and to use the left foot for entering the place and the right foot for coming out. And it is recommended to cover the head and lean on the left leg while evacuating. lf79. Sitting in front of the sun or moq_n during evacuation is abominable, but if the private parts are covered with something it is not. Evacuation while sitting in front of th~ wind or on a highway, street, alley, entrance of a house or under a fruit-bearing tree is abominable as is eating, prolongation, and cleaning with the right hand. Similarly, talking while evacuating is abominable but it is of no concern if one must talk or one is mentioning God.

#80. It is abominable to urinate while standing up or on hard ground or into the furrows of animals or into water, especially if it is stagnant water. #81. It is abominable to refrain from urinating and defecating and if doing so causes harm one must not do so. #82. Urination prior to praying, sleeping, coitus and after ejaculation is recommended. The Uncleans #83. The uncleans consist of eleven things, First, urine; second, stool; third, semen; fourth, corpse; fifth, blood; sixth and seventh, dogs and pigs; eighth, infidel; ninth, wine; tenth, beer; eleventh, the sweat of a · camel that eats unclean stuff. 1 & 2, Urine and Stool #84. The urine and stool of humans and of those animals which are unlawful for eating and whose blood spurts if their vessels are cut is unclean. But the droppings of small animals such as that of flies and mosquitos who do not bear flesh is clean. #85. The. droppings of birds whose meat is unlawful is unclean. -11-

#86. The urine and stool of an animal that eats unclean stuff is unclean as is the urine and stool of an animal subject to coitus by a man as well as those of a sheep whose flesh was formed by drinking milk from a pig. 3. Semen #87. The semen of an animal that has spurting blood is unclean. 4. Corpse #88. The corpse of an animiil that has spurting blood is unclean no matter if it died spontaneously or was killed in a manner other than religious. Fish is clean even though they die in water since their blood does not spurt. #89. Those things from a corpse such as wool, hair, fluff, bone and tooth which do not possess spirit are clean providing they are not from an unclean animal such as a dog.

#90. Flesh or anything separated from the body of a living human or from animals with spurting blood are unclean. #91. The small skin over the lip and other parts of the body which are due to slough is clean even if peeled off deliberately. But it is an obligatory caution to avoid skin deliberately peeled off prior to the due time. #92. An egg coming out of the abdomen of a dead hen is clean if the shell is hardened, but the exterior must be rinsed. #93. If a lamb or a baby goat dies before it becomes a herbivour the leaven within its abomasum is clean but its exterior must be rinsed. #94. Medicinal fluids, perfumes, oils, polishes and soaps imported from abroad are clean provided one is not certain that they are unclean.

#95. Meat, fat and leather sold in a Moslem bazaar is clean as are any of these items in the hands of a Moslem but if it is known that a Moslem has acquired the item from an infidel without an inquiry as to the religious killing of the animal involved they are unclean. 5. Blood #96. The blood of humans and of animals that have spurting blood, that is it spurts out when the vessel is cut, is unclean. Therefore, the blood of animals, like fishes and flies, that do not have spurting blood is clean. #97. If an animal whose meat is lawful is killed according to religious observances and the usual amount of bleeding occurred in the process the remaining blood in the body is clean. But if the blood returns to the body because of breathing or as a result of the head being held over a higher site that blood is unclean. -12-

#98. The blood which is within an egg is not unclean but eating it is unlawful and if the blood is wiped into the egg yolk such that it vanishes away, eating the yolk is of no concern.

#99. The blood occasionally seen while milking is unclean and it makes the milk unclean. #100. The blood that emerges between the teeth is clean if it vanishes when mixed with saliva, and swallowing it in such a way is of no concern. #101. Blood which has died under the nail or skin as a result of a contusion is clean if it is in such a way that it is no longer called "blood". If it is still called blood and is under a nail or skin it must be removed prior to ablution and bathing, if doing so is not a cause of hardship. If the removal is a cause of hardship then its surroundings must be washed in a manner not to cause an increase of the unclean, followed by placing a piece of cloth or the like on the lesion, stroking with a wet hand and followed by an earth rubbing. #102. If one does not know whether the bruising is a result of an accumulation of dead blood or the beating up of flesh it is clean. #103. If a dish is boiling and a minute amount of blood enters into it the whole food and the container is unclean and boiling and heat and fire are not cleaners. #104. The yellowish fluid that accumulates around a lesion while the latter·is resolving, if not known to be mixed with blood, it is clean. 6. & 7. Dogs and Pigs #105. Even the hair, bones, claws, nails and wetnesses of terrestrial dogs and pigs are unclean. But sea-dogs and sea-pigs are clean. 8. Infidel #106. An infidel is a person who denies God or who assumes a partner for God or who does not accept the prophethood of the last of the prophets, Mohammed, son of Abdellah; - such a person is unclean as is anyone who doubts any of these as well as a person who denies the necessities of religion such as prayer and fasting which Moslems consider part of the religion, providing he knows that the item is necessary in religion and that the denial of that matter constitutes denial of God or of the oneness of God or of the Prophethood. If he does not know [these] he must be avoided as a matter of caution, though that is not necessary. #107. The whole body of an infidel, even the hair, nails and its wetness, is unclean. #108. If the father, mother, grandfather and grandmother of a child -13-

which has not reached puberty are infidels that child, too, is unclean and if one of them is Moslem the child is clean. #109. One who is not known whether he is a Moslem or not is clean but he does not possess the precepts of other Moslems; for example he cannot marry a Moslem woman and he may not be buried in a Moslem cemetery. #110. If a Moslem insults one of the twelve Imams or has enmity with one of them, he is unclean. 9. Wine #111. Wine or any other thing that can make a person drunk, if it flows by nature, is unclean. And if like bang and hashish it does not flow, it is clean, even though it could turn into a fluid when mixed with something else. #112. Industrial alcohol used for painting doors and tables and chairs, etc., if one does not know it was made of something inebriating and flowing, is clean. #113. If grapes and grape juices boil spontaneously they are unlawful but not unclean unless it is determined to be inebriating. And if they have been boiled by heating they are unlawful to drink but are not unclean. #114. Dates, raisins, keshmesh (currants) and their juices are clean if they come to boil, and eating them is lawful even though it is a recommended caution to avoid them. 10. Beer #liS. Fogha, which is made from barley and is called barley water is unclean, but a juice extracted from barley upon a doctor's order, which is called ma-al-shaiir, is clean. The Sweat Resulting From Unlawful Ejaculation #116. The sweat of unlawful ejaculation is not unclean but it is an obligatory caution not to pray with a body or a cloth polluted with it. #117. If a man copulates with his wife at an unlawful period, such as while fasting in Ramadan, it is an obligatory caution to avoid his own sweat for praying. #118. If a person who has ejaculated unlawfully practices earthrubbing (tayammum), instead of bathing, due to the shortness of time, and perspires following the earth-rubbing, he must, as an obligatory caution, avoid his sweat for praying. But if one practices earth-rubbing for a different reason, such an avoidance is not necessary. #119. If someone reaches ejaculation unlawfully and then enters into

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lawful sexual intercourse, he must, as an obligatory caution, avoid his sweat for praying. But if he first has an intercourse with his lawful and then with an unlawful he can pray with that [sweat]. 11. The Sweat of a Camel That Eats Unclean Stuff #120. The sweat of a camel that eats unclean substances is unclean but if other animals become unclean-eaters avoidance of their sweat is not necessary. Proof of Unclean #121. The uncleanliness of things is provable in three ways. First, when one is certain that something is unclean, but if be suspects that an object is unclean avoidance from it is not necessary. Therefore, eating in places such as coffee-houses and guest-houses frequented by loafers and by others who are not scrupulous in distinguishing between cleanliness and uncleanliness is of no concern providing that one is not certain that the food he is served is unclean. Second, when someone witnesses to the uncleanliness of an object at this disposal; for example when one's wife or servant or maid says that a certain container in his disposal is unclean. Third, when two just men say that a certain object is unclean and it is an obligatory caution to avoid an object that bas been declared as unclean by only one just person. #122. If a person, because of unfamiliarity, does not have knowledge regarding a problem, such as whether the sweat of unlawful ejaculation is clean or not, be must make an inquiry. But when be is familiar with a problem but is in doubt as to its cleanliness, for example when be doubts whether a substance is blood or not or he is in doubt if something is the blood of a fly or of a human, that substance is clean. #123. An unclean thing which one doubts whether it bas become clean or not is unclean and a clean thing subject to doubt whether it has become unclean or not is clean. And even if one could investigate the cleanliness or uncleanliness of that object it is not necessary to do so. #124. If one kno'Ws that one of the two containers or two garments that be uses bas become unclean but does not know which one be must avoid both. Further, if be does not know whether it is his own clothing which bas become unclean or that of someone else, which be does not use, be must, as an obligatory caution, avoid his own clothing. Ways in Which Clean Things Become Unclean #12S. When a clean object touches an unclean object and one or both of these are wet enough to convey its wetness to the other then the clean object becomes unclean. But if the wetness is not enough to reach the

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other thing that clean object does not become unclean. #126. If a clean thing reaches an unclean and one doubts whether one or both objects were wet or not that clean object does not become unclean. #127. If a moist clean object touches one of two objects, and one does not know which is clean and which is unclean, the clean wet object does not become unclean. But if one of them had been unclean before and one does not know if it had become clean or not, if it is touched by a clean object the latter becomes unclean. #128. While wet, that part of the earth, clothing and others like them which contact an unclean becomes unclean and their remainders are clean. The same applies to cucumbers, melons and the like. #129. When saps and oils are in a fluid state, the whole becomes unclean when a small portion of them has become unclean. But if they are not in a fluid state they do not become unclean. #130. If a fly or an animal like it sits on a wet unclean object and then sits over a wet clean object the clean object becomes unclean if one knows that the animal was carrying the unclean, and if he does not know that, it is clean. #131. If the sweating portion of a body becomes unclean and the sweat reaches from there to the other parts it makes those regions that it reaches unclean. But if the sweat does not move, other parts of the body remain clean. #132. Excretions arising from the nose or throat, when they contain blood, the part containing blood is unclean and the rest is clean. Therefore, if these excretions reach the outside of the mouth or nose the place that touched the unclean portion of phlegm is unclean and the places about which there is doubt, on this regard, are clean. #133. If an ewer with a perforated bottom is placed on unclean ground its water becomes unclean as the water that accumulates beneath the base can be considered a part of the same water located within the container. Even if the water flows over the ground or seeps into it, it is an obligatory caution to avoid the water if the bottom hole touches the unclean ground. But if the hole is not connected to the ground and the water underneath could not be considered part of the water within the container then the ewer's water does not become unclean. #134. If something enters the body and reaches an unclean, when it emerges it is clean if not contaminated with unclean. Therefore, when an -16-

instrument used for an enema or the enema water itself enters the anus or when a needle or a knife, and the like, penetrate the body but are not contaminated with the unclean, upon their re-emergence they are not unclean. The same applies to the saliva and nasal secretions if they rt:ach blood inside the body but are not contaminated with blood upon their exit. PRECEPTS OF THE UNCLEANS #135. It is unlawful to unclean the writings and the pages of the Koran and if they become unclean they must be immediately rinsed. #136. If the cover of the Koran becomes unclean, if a sign of disrespectfulness to the Koran, it must be rinsed. #137. Placing the Koran over unclean substances such as blood and a corpse, even though the latter be dry, is unlawful and the removal of the Koran from it is obligatory. #138. To write the Koran with an unclean ink, even though one letter of it, is unlawful and if committed it must either be rinsed off or rubbed off completely by scraping or the like. #139. It is an obligatory caution to refrain from giving the Koran to an infidel and to remove it from him when possible. #140. If a page of the Koran or something that respectfulness towards it is necessary, such as a paper with the name of God or the Prophet or the Imam on it, falls into the toilet it is obligatory to retrieve and rinse it regardless of the expense. And if the retrieval is impossible one must refrain from using that toilet until it is certain that the page has decayed. And if a piece of earth [from holy places and graves] falls into the toilet and its retrieval is impossible people must not use that toilet until it is certain that it has vanished completely. #141. Eating and drinking unclean things are unlawful as is feeding the unclean in substance to children, when harmful. Even if unharmful such an act should be avoided as an obligatory caution. But feeding a child food which has become unclean is not unlawful. #142. To sell or loan an unclean object which is rinsable is of no concern but if one knows that the buyer or the loanee will use the object for eating or drinking he must inform him of its uncleanliness. #143. It is not necessary to inform someone that he is eating an unclean thing or is praying in unclean clothing. #144. If a spot of the house or the carpet of a person is unclean and he sees that the wet body or clothing or other things of those entering the -17-

house reaches the unclean spot, it is not necessary to inform them. #145. If the host, while eating, realizes that the food is unclean he must inform the guests. But if one of the guests realizes this matter it is not necessary to inform the others unless his relations with the others are such that as a result of remaining silent he himself becomes unclean. In that case he must inform the others after the meal. #146. If a loaned object becoines unclean it is obligatory to inform the owner if the loanee knows that the owner uses the object for eating or drinking. #147. One must re-rinse an object that a discerning child, who distinguishes good from bad, says he has already rinsed, though the child is approaching the age of duty. But if the child says of an object in his hand that it is unclean, it is an obligatory caution to avoid that object. The Cleaners #148. Ten things clean the unclean and they are called cleaners; frrst, water; second, earth; third, sun; fourth, transformation; fifth, transportation; sixth, Islam; seventh, subordination; eighth, removal of the unclean substance; ninth, drainage of an unclean-eating animal; tenth, disappearance of a Moslem. The precepts of these are detailed in the following problems. 1. Water #149. Under four conditions water cleans unclean things. First, it must be absolute. Thus, additive water such as rose-water or distilled willow does not clean an unclean object. Second, it must be clean. Third, following washing an unclean object, the water does not change to an additive water and does not get the smell or color or taste of an unclean. Fourth, there would be no unclean substances in the water following rinsing the unclean object. And there are other conditions for cleaning an unclean object with small water as follows. #150. An unclean container must be washed three times in small water. Caution dictates the same in regards to Kor and running water. But containers licked by a dog or that a dog has drank water or other fluids from it must frrst be rubbed with clean earth and then, as an obligatory caution, washed twice in Kor or running or small water. Similarly, it is an obligatory caution to earth-rub the container contaminated with dog's saliva prior to washing it. #151. If the mouth of a container contacted by a dog's mouth is narrow such to be impossible to be earth-rubbed this act must be attempted -18-

by a cloth wrapped around a stick, if possible. If this is not possible the cleanliness of the container is a matter of difficulty. #152. It is an obligatory caution to wash seven times the container from which a pig has drunk fluid, with small water as well as with Kor or running water. It is not necessary to earth-rub the container although it is cautionary to do so. As an obligatory caution the same applies to a container licked by a pig. #153. If someone wants to rinse a container which has been uncleaned by wine, with small water, he must do so three times, or better, seven times. #154. A clay pot made from unclean clay or percolated with unclean water, when placed into Kor or running water will become clean in those areas that were reached by water. And, if the cleaning of its interior is desired it must be left in Kor or running water as long as water penetrates through it and it is not enough for moisture to penetrate. #155. An unclean container can be rinsed with small water in two ways. First, it is filled and emptied three times, and the other is by pouring some water in it three times and each time moving the water such that it reaches the unclean parts before pouring the water out. #1 56. If a large clay container such as a vat or barrel becomes unclean it will be clean by filling it with water and emptying; also, if water is poured in it from above three times such that it reaches its walls completely and then removing the water accumulated inside. It is an obligatory caution to rinse the container used for bailing out the water upon each occasion of its use. #157. If unclean copper and the like are melted and rinsed the exterior becomes clean. #1S8. A clay oven uncleaned by urine will be cleaned if water is poured into it twice from above such that the water reaches all around the inside. For things other than urine, following removal of the unclean, it is sufficient to pour water into it in the above-mentioned fashion once. And it is better to dig a hole at its bottom for the collection and bailing out of the water and to fill the hole with clean earth following the procedure.

#1S9. An unclean thing is cleaned if, following the removal of the unclean substance, it is immersed into Kor or running water once such that the water reaches all its unclean parts. And it is an obligatory caution to press or move objects such as carpets and clothing in a manner to extract the water remaining within them. -19-

#160. When one wants to rinse with small water something which has been uncleaned by urine, if water is poured on it and it separates from it with no urine remaining in the object, and with this repeated once more, the object is cleaned. But for clothing and carpets and the like they must be wrung from excess water after each rinse. The excess water is that which usually trickles down, spontaneously or by pressing, during the wash or after it from the object which is being washed. #161. If something becomes unclean by the urine of a nursing boy, not yet eating food and not nursed by pig's milk, it will become clean by once pouring water over it such that it reaches all the unclean portions of the object. But the recommended caution is that this act be done twice and, for things like clothing and carpets, wringing is not necessary. #162. When something becomes unclean by something other than urine if, following the removal of the unclean, water is poured on it and separates from it the object becomes clean. And if the unclean is r~­ moved by the first pouring of water and then water comes over the object it will become clean. At any case, however, for clothing and the like, they must be wrung to extrude the excess water. #163. When an unclean mat, knit by cotton string, is dipped into Kor or running water it will be clean following the removal of the unclean substance. #164. If the exterior of wheat, rice, soap and the like become unclean they become clean by dipping them into Kor or running water but not so if their' interiors become unclean. #165. If one doubts whether or not unclean water has reached the interior of a bar of soap its interior is clean. #166. If the outside of rice or meat or things like them has become clean by placing them into a container, pouring water over them and emptying the water three times, the container becomes clean as well. But when one wants to rinse in a container clothing, or other things which need pressure, he must press these each time the water is poured into the container and let the excess water out by tilting the container. #167. When unclean clothing dyed with something is dipped into Kor or running water and the water gets to all parts of it before it becomes additive water due to the dye, the clothing becomes clean even if tinged or additive water comes from it with wringing. #168. If clothing is rinsed in Kor or running water and then, for example, a piece of black mud or moss is found within it the objects are clean. But if unclean water has reached the inside of the mud or the moss their -20-

exteriors are clean and their interiors are unclean. #169. If after the rinsing of clothing and the like a piece of mud or moss is found within it the objects are clean. But if unclean water has reached the inside of the mud or the moss, their exteriors are clean and their interiors are unclean. #170. Anything unclean will not become clean until the unclean substance is removed from it. But it is of no concern if the smell or the color of the unclean remains with the object. Thus, when blood is removed from clothing and then rinsed and the color of blood remains the clothing is clean. But if because of smell or color the existence of a remaining unclean becomes certain or probable that thing is unclean. #171. If the unclean of the body is removed in Kor or running water the body becomes clean and it is not necessary to come out of the water and get into it again. #172. The unclean food between teeth becomes clean if the mouth is rinsed with water, such that it reaches the entire unclean food. #173. If the hair of the head and face is rinsed with small water it must be squeezed to get out the excess water. #174.If part of the body or clothing is rinsed with small water the surrounding area, which usually becomes unclean by rinsing, will become clean when the unclean part becOmes clean by the water and the water reaches the surrounding parts. The same applies when a clean thing is put next to an unclean and water is poured over both. Thus if for rinsing an unclean fmger water is poured over all fmgers (and hence the unclean water reaches all of the fmgers) they all become clean once the unclean fmger has become clean. #175. Unclean meats and fats, are rinsed like other things. The same is true for the body or for clothing which are slightly coated with grease such that the latter does not block contact with water. #176. If a container or the body is unclean and then becomes coated with grease, such to obstruct water from reaching them; for rinsing the body or the container the grease must be removed in order to allow water to reach the objects. #177. If an unclean thing which does not contain the unclean substance is washed once under a faucet connected to Kor water it will become clean. And if it contains the unclean substance it will still become clean if the unclean substance is removed by the water or by some other means and if the water trickling from the object has not assumed the smell or the color or the taste of the unclean. But if the water which trickles from it assumes the smell or the color or the taste of the unclean the object

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must be kept under the tap water until such time that the trickling water no longer has the smell or the color or the taste of the unclean. #178. When something is rinsed and considered clean with certainty and then doubt arises as to whether or not the unclean substance has been removed, it is clean if during rinsing attention was paid to the removal of the unclean substance, and if such has not been the case the second rinsing of the thing is a recommended caution. #179. Any ground in which water does not flow will not become clean with small water in case it becomes unclean. But ground covered by sand or pebbles will become clean with small water since the water separates from it and penetrates the sand and pebbles. However, underneath the pebbles remains unclean. #180.Ground paved by stones or bricks or that which is hard enough not to allow water to penetrate will become clean with small water in case it becomes unclean. But there must be enough poured on it so that the water flows. And if that water is drained, the place where the water accumulates remains unclean. In order to clean such a ground a ditch must be dug for collecting the water used for washing, bail out the water, and then fill the ditch with clean earth. #181. If the outside of a salt stone or the like becomes unclean it will become clean with water that is less than Kor. #182. If cubic sugar made from molten unclean granulated sugar is placed into Kor or running water it will not become clean. 2. Earth #183. Under three conditions earth cleans the unclean sole of the foot or the sole of the shoe. First, when the earth is clean. Second, when it is dry. Third, the removal of substances such as blood or urine or an unclean piece of mud from the sole of the foot or shoe as a result of walking or rubbing the foot to the ground. And earth must be such things as earth, stone or brick-paved paths or the like. Walking over carpets, mats or grass does not clean the unclean soles of feet or shoes and if it has become unclean by reasons other than walking, its becoming clean with walking is a matter of difficulty. #184. The cleaning of the soles of feet and shoes by walking over asphalt pavements or over a wooden floor is a matter of difficulty. #185. For cleaning the soles of feet and shoes it is better to take fifteen or more paces, even though the unclean be removed by less than fifteen paces or by rubbing.

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#186. It is not necessary for the unclean soles of feet or shoes to be wet, they become clean by walking even if dry. #187. Following the cleaning of unclean soles of feet or shoes with walking, other parts of them that are usually contaminated with mud will become clean if reached by earth or ground. #188. For those who usually walk on palms and knees the cleaning of an unclean palm or knee with this manner of walking is a matter of difficulty. The same holds for the bottom of a cane, the bottom of an artificial leg, the shoes of beasts, and tires of automobiles and carriages and the like. #189. When following walking small invisible pieces of unclean remain in the soles of feet or shoes they must be removed but the persistence of smell and color is of no concern. #190. Inside the shoes and the part of the foot not in contact with the ground will not become clean by walking and the cleaning of the bottom of the socks with walking is a matter of difficulty. But if the sock's bottom is made out of leather it becomes clean with walking. 3. Sun #191. Under six conditions the sun cleans the following: earth, buildings and things like doors and windows installed within them as well as nails pounded into the walls and reckoned as part of the building. First, when the unclean thing is so wet that it moistens anything that touches it. Thus, if the unclean object is dry it must first be somehow moistened to be dried by the sun later. Second, if there is any unclean substance within the thing, it must be removed first. Third, nothing should obstruct the sun from shining. Thus, if the sun shines from behind curtains or clouds and dries an unclean object that object will not become clean but if the clouds are so thin that they do not obstruct the sun from shining, it is of no concern. Fourth, the sun alone dries the object. Thus if an unclean object dries by the sun and wind together it does not become clean but if the wind is so mild that it cannot be said to have contributed to the drying of something it is of no conern. Fifth, the sun must dry the part of the building penetrated by the unclean in one session. Thus if the sun shines once upon the unclean ground and building and dries the outside of them and the next time shines and dries the underneath, only the outside will become clean and the underneath will remain unclean. Sixth, there should not be a distance occupied by air or other clean bodies between the ground or the building shined upon by the sun and its interior.

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#192. The sun cleans an unclean mat as well as trees and vegetation. #193. If the sun shines on unclean ground but one later doubts whether or not the ground was wet when it was shining or whether or not the ground's wetness was dried by sun, that ground is unclean. And so it is if one doubts whether he has removed the unclean substance from the ground prior to the sun shining or whether something was an obstacle to the sunshine. #194.1f the sun shines on one side of an unclean wall that side which was not shined upon will not become clean but if the wall is so thin that by shining on one side the other side becomes dry then the latter becomes clean. 4. Transformation #195. When the substance of an unclean thing changes to that which is clean it becomes clean and this is called transformation. Examples are an unclean piece of wood which burns into ash or a dog swallowed into salt marsh and becomes salt; but if the object's substance does not change it does not become clean, such as when unclean wheat is made into flour and baked into bread. #196. Clay pots and the like which were made of unclean mud are unclean and wood coal made from unclean wood must be avoided. #197 .An unclean object whose transformation remains uncertain is unclean. #198~ Wine which becomes vinegar spontaneously or by adding vinegar and salt becomes clean.

#199. Wine made fro in unclean grapes does not become clean upon transformation into vinegar. If an unclean reaches wine from the outside it ·should be avoided even after it is transformed into vinegar, as an obligatory caution.

#200. Vinegar made from unclean grapes and raisins and dates is unclean. #201. If the dunnage under grapes or dates are among them when soaked in vinegar it is harmless as is when cucumbers and eggplants and the like are added to dates and raisins and grapes prior to their transformation into vinegar.

S. Reduction of Grape Juice by 2/3

#202. Grape juice which is boiling is not unclean, prior to its reduction to a third of its original volume, but eating from it is unlawful. But if it is proved to be inebriating it is unlawful and unclean and becomes clean and lawful only upon transformation into vinegar.

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#203. When in a bunch of sour grapes there are one or two ripe grapes, if the juice of that bunch is still called sour grape water and there is no trace of the grape's sweetness in the juice, it is clean if boiling and eating it is lawful. #204. A thing which is not known to be sour grapes or ripe grapes does not become unclean when boiling. 6. Transportation #20S. If the blood of a human or that of any animal whose blood spurts, that is if its vessels are cut the blood gushes out, enters the body of an animal who does not possess spurting blood and is reckoned as the latter animal's blood it becomes clean and this is called transportation. Thus the blood sucked from humans by leeches is unclean because it is not called leech's blood but rather it is referred to as human's blood.

#206. If someone kills a mosquito which is sitting on his body and does not know whether the blood ejected from the mosquito is his or that of the mosquito, it is clean. It is also clean when he knows that the blood was sucked out from him but it is reckoned·as part of the mosquito's body. But if the interval between the mosquito's sucking of blood and its killing is so short that the blood is referred to as that of a human or that it is not known whether it should be called human or the mosquito's blood it is unclean. 7. Islam

#207. If an infidel pronounces the Twin Witnessings, that is if he says "I witness that there is no God but God and I witness that Mohammed was God's prophet" he becomes a Moslem, and thereafter his body, saliva, nasal secretion and sweat are clean. But if at the time of becoming a Moslem there should be an unclean in substance on his body it must be removed and that spot be rinsed. But if the unclean in substance had been removed prior to becoming a Moslem it is not necessary to rinse the spot. #208. If while an infidel, his clothing had touched his body with wetness and he was not wearing that clothing when becoming a Moslem, it is unclean. And even when he is wearing it [at the time of embracing Islam], he must avoid it as an obligatory caution. #209. If an infidel says the Twin Witnessings but one does not know

the cordiality of the pronouncement he is clean but if one knows that the embracing was not cordial it is an obligatory caution to avoid that person. 8. Subordination

#210. Subordination refers to a situation in which an unclean becomes -2S-

clean as a result of a similar change occurring in another unclean thing. #211. When wine turns into vinegar its container becomes clean to the point reached by the wine while boiling. Also the piece of cloth or object which usually caps that container, and becomes unclean by the wine's moisture, becomes clean. Further, if the froth boils over the container and smears the outside the latter becomes clean following the fermentation. #212. The piece of wood or stone used for ablution of the corpse and the cloth used for covering the corpse's private parts, and the hands of the person who does the ablution as well as the clothing and soaps used for washing all become clean following the termination of ablution. #213. The hands used for rinsing an object become clean following the cleansing of the object if the latter and the hands were rinsed simultaneously. #214. If clothing and the like are rinsed by small water and then wrung in a usual amount to squeeze the water, the remaining water in the clothing is clean. #215. The drops of water which remain in a previously unclean container, following its rinsing by small water and separation of the water used for rinsing, are clean. 9. Removal of the Unclean Substance #216. If the body of an animal becomes contaminated with something unclean in substance such as blood, or with an uncleaner such as unclean water, the animal's body becomes clean following the removal of these substances. This holds true for the interior of the human body such as inside the mouth or nose. For example, if blood emerges from between the teeth and vanishes within the saliva it is not necessary to rinse the mouth. But it is an obligatory caution to rinse dentures once they become unclean inside the mouth. #217. When some food remains between the teeth and bleeding occurs inside the mouth, if one does not know that blood has reached the food, the latter is clean and if the blood reaches the food the latter becomes unclean. #218. Places of which one does not know to belong to the body's interior or exterior, if these become unclean their rinsing is not necessary although to do so is closer to caution. #219. If unclean dust sits on clothing and carpets and the like they do

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not become unclean if the dust and the objects are both dry. But if the dust or the clothing and the like are wet the place where the dust sits must be rinsed. 10. Drainage of an Animal Which Eats Uncleans. lf220. The urine and stool of animals which have a habit of eating human's uncleans are unclean and if it is desired to clean them they must be drained, that is, the animal must be prevented from eating the unclean for a length of time following which the animal is no longer referred to as an unclean eater. In the meantime, the animal is fed with clean food. And it is an obligatory caution to prevent them from eating the unclean and to feed them with clean food for a length of time as follows: camels, 40 days; cows, 20 days; sheep, 10 days; ducks, 7 or S days; domestic hens, 3 days. 11. An Absentee Moslem. #221. If the body or clothing of a Moslem or anything else such as containers or carpets that he has control of becomes unclean and that Moslem disappears it is not necessary to avoid those objects if one finds it likely that he has rinsed them or if, for example, it has become clean as a result of falling into running water. #222. Ifone himself is certain that an unclean object has become clean or if two just persons testify to that effect that object is clean; as is if a person says that an unclean object which he controls has become clean or when a Moslem rinses an unclean object, even though it is not known whether or not it has been rinsed correctly. /f223. If the person charged by another to rinse one's clothing says, while in possession of the clothing, that he did rinse it that clothing is clean. #224. If one is in a state which makes it impossible to arrive at certainty over the rinsing of an unclean object that person can be satisfied with the suspicion [of cleanliness of that object].

PRECEPTS OF CONTAINERS lf22S. It is unlawful to eat or drink from a container made from the skin of a dog or a pig or a corpse and it must not be used for ablution or bathing and other acts which are to be done with clean objects. Moreover, it is an obligatory caution to avoid the skin of a dog or a pig or a corpse for uses other than containers. #226. Eating and drinking from containers made of gold or silver as

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well as using them is unlawful but their use as room ornaments is not unlawful nor is keeping them. #227. Making containers out of gold or silver and receiving wages for that activity is not unlawful. #228. Buying and selling gold or silver containers as well as the money and the exchange which the seller receives are not unlawful. #229. The holder of a tea-glaSs made out of gold or silver is unlawful if it is referred to as a container following the removal of the tea-glass. And thus its use is unlawful with or without the glass. But if it is not called a container its use is of no concern. #230. The use of gold or silver coated containers is of no concern. #231. When other metal is mixed with gold or silver and a container is made from it its use is without obstacle if the amount of that metal is so much so that the container is not referred to as a gold or silver container. #232. If one transfers the food contained in a gold or silver dish into a different dish, such use is lawful. However, if that person wants to eat from the second container and the transfer of food was not because of the unlawfulness of eating from a gold or silver dish, such use is unlawful. #233. The use of a gold tobacco container for a water pipe, sword sheath and Koran frame is without difficulty as is the use of gold for containers of perfume, mascara and the like. #234. When there is no choice, the use of gold and silver containers is of no concern and they can also be used for practicing ablution and bathing when concealing· one's faith (taghiyya); further, it is obligatory on occasion. #235. The use of containers that are not known to have been made of gold or silver, or of other things, is of no concern.

ABLUTION #236. In ablution it is obligatory to wash the face and the hands and to rub the forehead and the back of the feet (with a wet hand). #237. The whole length of the face from the hairline to the end of the chin must be washed. Widthwise, the span is that distance which falls between the middle finger and thumb. And even if a little of this amount is not washed the ablution is void. In order to be certain that the abovementioned area is washed in its entirety a small portion of the surrounding area must also be washed. -28-

#238. If the face or hand of a person is smaller than that of the average person he must observe ordinary people as to how wide they wash their face and do likewise. When a person's hand and face are unusual but proportionate he need not observe the ordinary and can practice ablution according to the directions mentioned in the above problem. Similarly, if hair is grown over the forehead or if one has no hair over his forehead, a usual measure of the forehead must be washed. #239. If one finds it probable that dirt or other stuff is present in the eyebrows or around the eyes and lips so as to prevent water reaching them he must, prior to ablution, inspect and remove the stuff, when others concur with that likelihood.

#240. When the skin of the face is apparent between the hair he must

take the water to the skin and if the latter is not apparent washing the hair is sufficient and it is not necessary to carry the water underneath them.

#241. If he doubts whether or not the skin of his face is apparent from between his hair it is an obligatory caution to wash the hair and to carry the water to the skin. #242. Washing the inside of the nose and that amount of lips and eyes which are invisible when the latter are closed is not obligatory but in order to become certain that nothing remains unwashed from those places that must be washed it is obligatory to wash part of those as well. And whoever did not know that he should have washed that amount, his previous prayers are correct even though he does not know whether his ablutions had in fact included the mentioned areas or not. #243. The face and hands must be washed from above to below and if washed from below to above the ablution is void.

#244. When he wets his hand and rubs the face and hands it is sufficient if the hand is wet enough to allow a little water to flow over the face and hands as a result of the rubbing.

#245. After washing the face one must wash the right and then the left hand from the elbows to the tip of the fingers. #246. In order to be certain that one has washed the elbow completely one must also wash an amount above the elbow as well. #247. A person who, prior to washing his face, has washed his hands up to his wrists, must wash them down to the finger tips at the time of ablution and if he washes only to the wrists his ablution is void. #248. In ablution, washing the face and hands once is obligatory, to do -29-

so twice is acceptable and three or more times is unlawful. And if the entire limb is washed with a handful of water and he pours the water with the intent of ablution it is counted as once whether or not he intended to wash it in one attempt. #249. After washing both hands he must rub the front of the head with the wetness remaining from the ablution water and it is not necessary to do so with the right hand or from above to below.

#250. One out of four sections of the front of the head along the

forehead is the place for rubbing. It is sufficient to rub any section of that part of whatever size; however, it is a recommended caution to rub the length of one finger and the breadth of three closed fingers.

#251. It is not necessary to rub the skin of the head since rubbing the front hair is also correct. But in a person whose hair is so long that, for example, if combed it covers his face or it reaches other spots of his head he must rub the root of his hair or he should make a part and then rub the skin. But if he collects the hair hanging over the face or reaching other parts of the head in front of his head and rubs them or if he rubs the hair of other parts of the head which have reached the front, it is void. #252. After rubbing the head, with wetness remaining from the water

of ablution he must rub the feet from the tip of one of the toes to the prominence over that foot.

#253; The breadth of the foot-rubbing is sufficient of whatever size but it is better to rub with the size of three fingers closed together and better than that is rubbing the ·entire dorsum of the foot. #254. It is correct if for foot-rubbing he puts the whole hand over the foot and rubs a little.

#255. In rubbing the head or feet one must rub the hand over the latter and if he keeps the hand stationary and instead moves the head or the feet the ablution is void but if there is slight movement of the head or feet while rubbing with the hand it is of no concern. #256. The place for rubbing must be dry and if it is so wet that the

moisture of the palms does not affect it, the rubbing is void; but if it is wet only to the degree that it is said of the moisture caused by the rubbing 'it is due only to the palm's wetness' there is no concern.

#251. If for carrying out the rubbing there remains no wetness in the

palms he cannot wet his hand with water from the outside and he must acquire wetness from the other limbs involved in ablution and then rub.

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#258. If the wetness of the palm is enough only for rubbing the head he can rub the head with that amount and acquire wetness from the other limbs of ablution for rubbing the feet. #259. It is void to rub over socks or shoes but if, due to severe cold or the fear of thieves or rapacious animals or the like he cannot take his socks or shoes off, rubbing over the latter is of no concern and if the shoe tops are unclean he must cover it with a clean thing and rub that. #260. If the top of the feet are unclean and cannot be rinsed for the purpose of rubbing he must rub with earth. ABLUTION BY DIPPING #261. Ablution by dipping occurs when one, with the intent of practicing ablution, dips the face and hands into water or when one first dips those into the water and then, with the intention of ablution, takes them out. And if he dips the hands into water, and until he takes them out of the water and the trickling down of water is finished he intends was ablution, that ablution is correct. Similarly, if from the time of retracting from the water to the time when the trickling of water finishes his intention for ablution persists his ablution is correct. #262. In ablution by dipping, too, the face and hands must be washed from above to below. Thus, if the intent to practice ablution from above down occurs simultaneously with dipping face and hands into the water he must dip the face from the forehead and the hands from the elbow and if the intent of ablution occurs at the time of emergence from the water he must take out the face from the forehead and the hands from the elbows. lfl63. If the ablution of some members are practiced by dipping and that of other members by non-dipping, it is of no concern. THE BLESSING RECOMMENDED AT THE TIME OF ABLUTION lfl64. It is recommended that the person who is practicing ablution says the following upon seeing the water: "In the name of God and I swear to God and praise be to God who placed water as clean and not as unclean." And he says the following when he is washing his hands before ablution "0 God, place me as repentent and of those who are clean." And he says the following when he is rinsing with water (that is when he is turning water in his mouth) "show me my reason the day that I see You and open my tongue in saying Your praise." And he says .the following when he inhales water into his nose "God, do not deprive me from

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the breeze of the heaven and let me be of those who smells its pleasant breeze and scent and sweet smell." And when washing his face he says "0 God, make my face white (bright) on the day that faces become black and make not my face black on the day in which faces become white." And when washing his right hand he says "God, grant me my book in my right hand and the paradise gardens in my left and reckon my accounts with ease." And when washing_ the left hand he says "God, do not grant me my book in my left hand neither from behind my head and do not place them hung on my neck and I beseech thee from the chips of fire." And when he rubs the head he says "0 God, clothe me with your mercy and blessings and forgiveness." And when he rubs the feet he says "God, hold me fast on the road on the day in which feet lurch and place my endeavor towards what satisfy Thee, 0 that who owns glory and honor.'' CONDITIONS FOR ABLUTION The correctness of ablution depends upon thirteen conditions. First is that the ablution water be clean and second is that the water be absolute. #26S. Ablution with unclean water or with additive water is void no matter if a person had not known or had forgotten the fact of uncleanliness or additiveness of that water. And if he had laid a prayer with that ablution he must repeat the prayer after a correct ablution. #266. When a person has nothing at his disposal but muddy or additive water he must practice earth-rubbing if the time is short or if there is time it is an obligatory caution to wait for the water to clear and practice ablution henceforth. Third, that the ablution water and the space in which he practices ablution be allowable (mobah). #267. Ablution with usurped water or with water whose owner's consent remains unknown is unlawful and void. If the owner had consented previously but the continuation of that consent is unknown the practiced ablution is correct. And if the water of ablution trickles from hands or face on an usurpted place his ablution is correct. #268. Practicing ablution in a school's pool the endowment of which to the students of that school or to the public at large is not known is of no concern, if the public customarily uses that water for ablution. #269. A person who does not wish to pray in a certain mosque cannot use the pool of that mosque for ablution if he does not know whether the mosque's pool was endowed for the public at large or only for those who pray there. But if usually those who do not wish to pray in that mosque use its pool for ablution he too can do so.

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#270. Ablution in the pools of arcades, guest houses and the like for those who do not reside in them is correct, if those who do not reside there usually use that water for ablution, too. #271. Practicing ablution in large rivers is of no concern even when their owner's consent is unknown but if the owner has admonished against the practice it is an obligatory caution not to use that water for ablution. #272. If someone forgets that a water is extortive, even though he has usurped the water himself, and practices ablution with it, the latter is correct. The fourth condition is that the container of ablution water be allowable (mobah). The fifth condition is that the container of ablution water is not made of gold or silver. #273. If the ablution water is in a usurped or gold or silver container, arid there is no other water at his disposal, he must earth-rub. If he does practice ablution it is void as an obligatory caution. If he possesses other sources of water and practices ablution by dipping in a usurped, gold or silver container or pours water on his face and hands using such containers his ablution is void, as an obligatory caution. But if he takes out water from them with his hands or some other object and pours the water on his face and hands his ablution is correct. lf274. If he practices ablution in a pool of which there is, for example, one usurped brick or stone block that ablution is correct. But if his ablution is considered an involvement in the extortion he is sinful. #275. When they build a pool or river in the courtyard of one of the Imams or their descendants where there had been a cemetery before, ablution in that pool or river is of no concern if one does not know that the court's ground had been endowed for a cemetery. The sixth condition is that the members of ablution be clean, when washing and rubbing. lf216. If prior to finishing the ablution the places which were washed or rubbed become unclean that ablution is correct.

lf277. If a place other than the members of ablution is unclean the ablution is correct but if the exit was not cleaned from urine or stool it is a recommended caution to do so first and then practice ablution. lf278. When one of the members of ablution is unclean and following ablution he doubts whether he rinsed it or not the ablution is void, if while practicing it he did not attend to the cleanliness or otherwise of that

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place. But if he knew that he did attend or if he wonders whether he attended to that matter or not the ablution is correct. In any case he must rinse the place which was unclean. #279. If there is a cut or lesion over the face or the hands of which the bleeding does not stop and water is not harmful for it he must dip the organ into Kor or running water and press the lesion to stop the bleeding. After that he should practice ablution. by dipping in a manner prescribed before. The seventh condition, that there be enough time for ablution and prayer. #280. When there is so little time available that if he practices ablution the whole or part of the prayer will be said after its proper time he must practice earth-rubbing. But if he needs the same amount of time for ablution and earth-rubbing he must practice ablution. #281. If a person who must earth-rub due to shortness of time practices ablution, ablution is correct whether for that particular prayer or for a different purpose. The eighth condition is that he practices ablution for closeness to God and if he practices ablution in order to get cool or for a different purpose it is void. #282. It is not necessary to verbalize the intent to practice ablution or have such an intent in his heart but he must be aware of the fact that he is practicing ablution throughout, so that if asked, 'What are you doing?' he would respond, 'I am practicing ablution.' The ·ninth condition is that he practices ablution according to the sequence mentioned previously; thus, he must first wash the face and then the right hand and then the left hand followed by rubbing the head and feet and he must not rub the left foot prior to rubbing the right one. And if he does not do ablution according to this sequence it is void. The tenth condition is that he must perform acts of ablution one after another. #283. If the interval between the individual acts of ablution are so long so that the wetness of parts involved in prior acts has already dried before he washes or rubs the upcoming site that ablution is void. And if only the wetness of the site immediately prior to the upcoming site has dried, such as a dry right hand and a wet face when he wants to wash the left hand, that ablution is correct. #284. If he does the acts of ablution one after another but the wetness dries for reasons such as hot temperature or excess body heat or the like his ablution is correct. -34-

#285. Walking while practicing ablution is of no concern; thus, if after washing the face and hand one walks a few paces and then rubs the head and feet one's ablution is correct. The eleventh condition is that the person himself must do the washing of face and hand and the rubbing of head and feet and if someone else gives him ablution or helps him reach water to his face and hand and his head and feet that ablution is void. #286. Anyone who cannot practice ablution must obtain a substitute to practice ablution for him and if this requires payment of a wage he must pay if he can. But the intent to practice ablution must be his and he must do the rubbing and if the latter is not possible someone must obtain wetness from his hand and rub his head and feet with it. #287. He must not obtain help for those acts of ablution which he can do alone. The twelfth condition is that the use of water would not cause him a problem. #288. A person who fears becoming ill in case he practices ablution or that he may remain thirsty if he uses the water for ablution must not practice ablution. Further, if he does not know of the harmfulness of water for him and practices ablution and later learns of the harmfulness he must earth-rub as an obligatory caution and not pray with that ablution. An if he has laid a prayer with that ablution he must repeat it. #289. If there is no harm from washing the face and hands with the least amount of water with which an ablution is correct, and if anymore than that amount is harmful, he must practice ablution with that amount. The thirteenth condition is that there would be no obstacle in the members of ablution which prevents water from reaching them. #290. If one knows that something is stuck to the members of ablution but doubts whether that thing will prevent the water reaching it or not he must remove it or carry the water beneath it. #291. The presence of dirt underneath nails is of no concern but if the nail is freshly cut that dirt must be removed from it for ablution. Also, if the nail is longer than usual one must remove the dirt from beneath that portion of the nail which is longer than usual. #292. If, as a result of a burn or something else, there is a bulging over the face, the hands, front of the head and over the feet it is enough to

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wash and rub it. And if there is a hole in it, it is not necessary to carry the water underneath the skin. Further, if the skin of a part of it comes off it is not necessary to carry the water beneath the section from which the skin has not come off. But when a flap of skin sticks to the body sometimes and separates at other times it must be cut off or the water must be carried beneath it. #293. If one doubts whether or not there is something sticking to his members of ablution, when that likelihood is acceptable in people's minds, like the case of a mud-worker who doubts whether some mud is stuck to his hand or not, he must inspect or rub his hands so much to become certain that if there was anything it has been removed and that the water has reached beneath it. #294. There is no concern about how dirty the places that must be washed or rubbed are as long as the dirt does not block water reaching the body; similarly, after plaster work or the like when white stuff remains on the hands which does not prevent the access of water to the skin. But if he doubts whether or not with their presence the water reaches the body he must remove them first. #295. If prior to ablution he knows of the presence of obstacles to water on some of his members of ablution and following ablution doubts whether or not he has carried the water to there his ablution is correct. But if he knows that he was not mindful of the obstacle at the time of ablution he must repeat the ablution. #296. If there is an obstacle in some of the members of ablution such that water (on its own) gets underneath it on some occasions and not in other times and, following the ablution one doubts whether the water has reached beneath the obstacle or not, it is an obligatory caution to repeat the ablution if he knows that he was not mindful of the obstacle at the time of ablution. #297. When following ablution one observes an obstacle to water reaching a member of ablution and he does not know whether or not the object was there at the time of ablution or it appeared later, his ablution is correct. But if he knows that while practicing ablution he was not attentive to the obstacle he must repeat the ablution, as an obligatory caution. #298. If after ablution one doubts whether or not there had been an obstacle to water reaching his members of ablution that ablution is correct.

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THE PRECEPTS OF ABLUTION #299. A person who doubts excessively over the acts of ablution and its conditions, such as the cleanliness of water or its non-extortiveness, must not pay attention to his doubts. #300. When one doubts whether or not his ablution was void he must start from the premise that his ablution remains valid. But if he had not practiced the act of drainage after urination and practiced ablution his ablution is void if following the ablution a wetness emerges from him and he does not know whether the latter is urine or something else. #301. One who doubts whether or not he has practiced ablution must practice it. #302. One who knows he has practiced ablution but also knows that he has had a mishap such as urinating; when he does not know which came first he must practice ablution if it is not yet the time for prayer. If it happened during the prayer he must break the prayer and practice ablution. If it occurs after the prayer he must practice ablution and, as an obligatory caution, repeat the prayer he just said. #303. When, after the prayer, one questions whether or not he had practiced ablution that prayer is correct but he must practice ablution for the upcoming prayers. #304. When, while praying, he doubts whether or not he has practiced ablution his prayer is void and he must do ablution and say the prayer. #305. If following the prayer he doubts whether his ablution voided before or after that prayer the latter is correct. #306. When one has a disease resulting in urinary dribbling or an inability to control the exit of his stool, if he is certain of a reprieve lasting from the start of the time of prayer to the end of it, for practicing ablution and saying the prayer, he must lay the prayer when he gets the reprieve. And if the respite is enough for performing obligatory acts of prayer he must use it for doing those acts only and abandon the recommended acts such as azan [the call to prayer] or eghameh [a salutation said before the prayer]. #307. When the reprieve is not long enough for the ablution and the prayer and he loses urine several times while praying, the first ablution is enough but if his disease is such that he loses stool several times while praying and it is not difficult for him to practice ablution after each occasion, he must put a container of water next to him and practice ablution everytime he loses his stool and continue with the rest of the prayer.

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#308. One who loses stool so frequently that it is difficult for him to practice ablution after each occasion he must practice one ablution for each prayer if he can lay a part of the prayer with ablution. #309. If one who loses urine continuously does not lose a drop of urine between two prayers he can lay the two prayers with one ablution and the drops exiting between [during] the prayer are of no concern. #310. When a person who loses urine or stool continuously cannot lay any portion of a prayer with ablution, he can lay several prayers with one ablution unless he urinates or defecates voluntarily or something else occurs which voids an ablution. #311. If one has a disease making him unable to prevent the exit of gas he must act according to the duty of those who are unable to hold their stool. #312. One who frequently loses stool must practice ablution for each prayer and begin immediately with the latter. But ablution is not necessary for practicing a forgotten prostration (sojdeh) and witnessing (tashahud) and the cautionary prayer (which must be done after the prayer), if these are done immediately after th~ prayer. #313. One who loses his urine by drops must, for prayer, protect himself with a bag containing cotton or something else which prevents urine reaching other places. And it is an obligatory caution that he rinses the exit of urine which has become unclean before each prayer. Similarly, the person who cannot prevent the exit of his stool must, if possible, prevent stool reaching other places while praying. And it is an obligatory caution that, if not diff~cult, the person rinses the anus for each prayer. #314. A person who cannot prevent losing urine and stool must, if possible and if it does not cause difficulty and hardship and fear of harm, prevent the exit of his urine and stool while praying even though there is an expense involved. Further, if the disease is easily treatable it is an obligatory caution to treat himself. #315. For one who can not prevent the exit of his urine and stool and who had dutifully laid his prayers while ill, it is not necessary to repeat those prayers after he has improved. But if he recovers while praying he must repeat that prayer once more. THINGS FOR WHICH ONE MUST PRACTICE ABLUTION #316. Ablution is obligatory for six things. First, for the obligatory prayers except that of the dead. Second, for the forgotten prostration and witnessing if there has been a mishap, such as urination, between -38-

these and the prayer. Third, for the obligatory circumambulation of the house of Kaaba. Fourth, if he had vowed or promised or sworn to practice ablution. Fifth, if he has vowed to contact a part of his body to the writings of the Koran. Sixth, for rinsing a Koran which has become unclean or for retrieving the latter from a toilet and the like if he has to touch his hand or some other part of his body to the writings of the Koran. But if the waiting for ablution would be considered disrespectful to the Koran he must retrieve the Koran from the toilet or the like without any ablution. Or if it has become unclean he must rinse it and, he must refrain from touching the Koran's writings as much as possible. #317. Touching the writings of the Koran, that is contacting a part of the body to the writings of the Koran is unlawful for a person who does not possess ablution. But if the Koran is translated into Persian or other languages touching it is of no concern. #318. It is not obligatory to prevent a child or an insane from touching the writings of the Koran. But if their touching is considered disrespectful to the Koran they must be prevented. #319. For a person who does not possess ablution it is unlawful to touch the name of God Almighty, written in any language. And touching the blessed name of the Prophet and Iman and her Holiness Zahra (salutations to all of them) is unlawful, if it is considered an aspersion and disrespectful. #320. It is correct if a person practices ablution or bathing before the time for prayer with the intention of becoming clean and it is of no concern if he practices ablution close to the time of prayer for the sake of preparedness. #321. If a person solemnly intends an obligatory ablution while certain of having entered the time and practices ablution only to later realize that the time had not yet arrived, that ablution is correct. #322. It is recommended to practice ablution for the prayer of the dead, pilgrimage to the people of the graves, going to a mosque and to the sanctuaries of the Imams, salutations to all of them. And the same holds for carrying, reading and writing the Koran as well as touching the edges of pages of the Koran and for sleeping. And it is recommended that the person who possesses an ablution repeats the latter. And if he practices ablution for any one of these acts he can practice with it any other act which requires an ablution, such as laying a prayer with that ablution.

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THINGS THAT VOID AN ABLUTION #323. Seven things void an ablution. First, urine. Second, stool. Third, the gas of stomach and bowel passing out of the stool's exit. Fourth, a sleep as a result of which the eyes do not see and the ears do not hear; however, if the eyes do not see but the ears can hear the ablution is not void. Fifth, things tha:t remove reasoning such as insanity, drunkenness and loss of consciousness. Sixth; undue bleeding of women; more on that later. Seventh, an act for which one must practice bathing such as ejaculation. PRECEPTS OF SPLINT ABLUTION The thing with which a lesion or fracture is bandaged and the medicine which is put over a wound and the like is called a splint (Jabireh). #324. When there is an ulcer or an abscess or a fracture in one of the places of ablution the ablution must be practiced as usual if the latter are open and they are not harmed by water. #325. When there is an ulcer or abscess or a fracture involving the face and hands which is open and pouring water on it is harmful then it is enough to wash its surroundings. However, if there would be no harm in rubbing the lesion with a wet hand it is better to do so and then cover the lesion with a clean piece of cloth and rub on the latter as well. And if this much too is harmful, or if the lesion is unclean and unrinsable, one must clean the surroundings of the lesion from top to bottom as mentioned in ablution and, as an obligatory caution, put a clean piece of cloth over the lesion and rub over it with a wet hand. And when it is not possible to put a cloth over it washing the borders of the lesion is enough and in any case earth-rubbing is not necessary. #326. When there is an ulcer or abscess or fracture in front of the head or over the feet which is open, if it is not possible to rub over it, one must cover it with a clean piece of cloth and rub the cloth with a hand still wet from the ablution water, and earth-rub as an obligatory caution, too. And if the use of a cloth is not possible he must earth-rub instead of ablution and it is preferable that he also practices an ablution without rubbing. #327. When an abscess or ulcer or fracture is covered, if the opening of the latter is possible without difficulty and without distress and if there is no harm done to it by water it must be uncovered and then practice ablution whether or not the wound or the like is located on the face or hands or in front of the head or over the feet. -40-

#328. When the ulcer or abscess or fracture involves the face or hands and it is possible to open [uncover] it, it is an obligatory caution to rub it with a wet hand if there is harm in pouring water over it and no harm in rubbing it with a wet hand. #329. When it is not possible to uncover the ulcer, but the ulcer and what covers it are clean, and it is possible to bring water to the ulcer without harm and difficulty and distress then the water must be brought over the ulcer. And if the ulcer or its cover are unclean they must be rinsed when that is possible without trouble and distress and then bring water to the ulcer while practicing ablution. And if water is harmful to the ulcer or bringing water to it is impossible or the ulcer is unclean and unrinsable one must wash its borders. And if the splint is clean one must rub over it and if unclean, or it is not possible to rub over it, for example when the medicine sticks to the hand, it should be covered by a clean cloth such that the latter would be reckoned as part of the splint and then rubbed over by a wet hand. And if this is not possible either, it is an obligatory caution to practice ablution as well as earth-rubbing .. #330. If the splint covers the entire face or the entire hand or both hands one must practice a splint-ablution as well as earth-rubbing as an obligatory caution. #331. If the splint covers the entire members of ablution he must practice earth-rubbing. #332. A person who has a splint over the palms and fingers and who has rubbed a wet hand over it while practicing ablution can rub his head and feet with the same moisture or obtain moisture from other places of ablution. #333. When the splint covers the whole breadth of the foot but there are uncovered portions towards the toes and near the ankle, he must rub the uncovered parts of the foot as well as rub the splint which covers the foot. #334. If there are several splints over the face or on the hands he must wash the parts between them. And when the splints are on the head or over the feet he must rub the spaces in between them and act according to the splint orders for those spots covered by splints. #335. If the splint is present around the ulcer in an amount more than usual and its removal is not possible he must act according to the directions for splints and, as an obligatory caution, practice earth-rubbing as well. And if the removal of the splint is possible he must remove it. Then, -41-

if the ulcer is on the face or the hands he must wash its borders and if on the head or over the feet he must rub its surroundings and then act according to the directions for splints for the ulcer itself. #336. When there is no ulcer or sore or fracture involving a place for ablution but water is harmful for the entire face and hands he must earth-rub. And it is a recommended caution to practice the splintablution as well. But if water is harmful to a portion of the face and hands its sufficiency is not unlikely but the cautionary earth-rubbing must not be abandoned. #337. If there is a broken vessel in a member of ablution such that it cannot be rinsed or that water is harmful to it he must act according to the directions for splints if it is covered, and if it is not usually covered it would be sufficient to wash its surroundings. #338. If something has stuck to a place of ablution in a manner that its removal is impossible, or so painful to be intolerable, he must act according to the directions for splints. #339. Splint-bathing is like splint-ablution but it must be done sequentially and it is void if practiced by dipping. #340. If one whose duty is to practice earth-rubbing has a sore or abscess or fracture involving some of the places which should be earthrubbed he must practice earth-rubbing for splints according to the directions given for splint-ablution. #341. A person who must pray with a splint-ablution or splint-bathing can lay his prayer in the onset of the time for that prayer if he knows that his excuse will not be removed by the end of that period. But if he has hopes that his excuse may be removed by the end of the period he must wait, as an obligatory caution, and lay the prayer with a splint-ablution or splint-bathing at the end of the period if the excuse had not been removed. #342. If one sticks the hairs of his eyes together because of a disease in them he must practice splint-ablution or splint-bathing and it is cautionary to practice earth-rubbing as well. #343. A person who does not know if his duty would be to practice earth-rubbing or splint-ablution must, as an obligatory caution, do them both. #344. Those prayers that one has laid with a splint-ablution are correct and he must not practice ablution for the upcoming prayers after his excuse is removed but if he had practiced both the splint-ablution and

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earth-rubbing as a result of ignorance of his duty he must practice ablution for the upcoming prayers. THE OBLIGATORY BATHINGS (Ghost) The obligatory bathings are seven: first, ejaculation; second, menstruation; third, childbirth; fourth, undue bleeding; fifth, touching the dead; sixth, the dead; seventh, the bathings which become obligatory as a result of vows and swearings and the like. THE PRECEPTS OF EJACULATION #345. A human becomes an ejaculator by two things: first, by coitus; second, by the exit of semen whether asleep or awake, a little or a lot, with lust or without, voluntary or involuntary. #346. If a moisture emerges from a person and he does not know if it is semen or urine or else, it is considered to be semen if it exits with lust, is projectile and is followed by listlessness of the body. If it did not have all or some of these features it is not reckoned as semen. But in women and in the sick it is not necessary for that water to have spurted out; thus it is reckoned as semen if it has made its exit with lust and the limpness of his body is not necessary. #347. When from a man who is not ill there emerges a water which has one of the features mentioned in the above problem but he does not know whether or not it had any of the other features he must practice ablution if he did not possess one prior to the emergence of that water. #348. It is recommended that a person urinates following the exit of the semen. And when following a bathing a wetness emerges from him which he does not know to be semen or not the latter is reckoned as semen if he had not urinated [after the initial exit of semen.] #349.1f one practices intercourse and enters up to the glans or beyond it, whether it is in a woman or a man, in the front or in the back [anus], pubescent or not pubescent, and even if no semen comes out, they will both be ejaculators. #350. If he doubts whether he has entered up to the glans or not no bathing is obligatory for him. #351. If, God forbid, he practices intercourse with an animal and semen exits from him bathing alone is sufficient. And if there is no exit of semen still bathing is enough if he possessed an ablution prior to the act and if not he must, as an obligatory caution, practice bathing and

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ablution both. #352. If the semen moves from its place and does not come out, or if one doubts whether or not semen has come out of him, no bathing is obligatory for him. #353. There is difficulty for a person who cannot do bathing but can practice earth-rubbing, to do intercourse with his wife for no reason after entering the time of prayer. But there is no concern if he does so for pleasure or for fear concerning himself. #354. When he sees semen in his own clothes and knows that it is his own he must practice bathing if he has not done so already and must repeat those prayers that he is certain to have laid after the exit of the semen. But it is not necessary to repeat those prayers that he considers likely to have been laid after the exit of that semen.

THINGS THAT ARE UNLAWFUL FOR AN EJACULATOR #355. Five things are unlawful for an ejaculator. First, to touch any part of his body to the writings of the Koran or to the names of God and the prophets and Imams (salutations to them all) as was mentioned in the ablution. Second, entrance into the Masjed al-Haram [in Mecca) or the mosque of the prophet, God's salutations to him and his family, even if it means entering from one door and exiting from another. Third, stop ping in other mosques. However, there is no obstacle if he enters from one door and exits from another or goes to the mosque to pick up something. And it is an obligatory caution, as well, not to stop in the courts of the Imams. Fourth, putting something in the mosque. Fifth, the reading of a sura which demands the practice of an obligatory prostration and there are four of these. First, the thirty-second sura of the Koran (Alam Tanzil). Second, the forty-first sura (Ham-sojdeh). Third, the fifty-third sura (Wal-najm). Fourth, the ninety-sixth sura (Eghra). To read even a word of these four suras is unlawful.

THINGS THAT ARE LOATHESOME FOR AN EJACULATOR #356. Nine things are loathesome for an ejaculator. First and second, eating and drinking; but not so after practicing ablution. Third, reading more than seven verses of the Koran from those suras which do not demand an obligatory prostration. Fourth, touching any part of the body to the covers or edges or the spaces between the writings of the Koran. Fifth, carrying the Koran. Sixth, sleeping; but it is not loathesome if he practices ablution or, when there is no water available, practices

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earth-rubbing in lieu of bathing. Seventh, the use of henna or the like for tinging the beard or fingers. Eighth, rubbing oils on the body. Ninth, to copulate after a nocturnal ejaculation, that is when there has been exit of semen from him while asleep.

BATHING OF EJACULATION #357. The bathing of ejaculation is recommended in its own right and it becomes obligatory for laying an obligatory prayer and the like. However, for the prayer of the dead, the thanksgiving prostration and the Koran's obligatory prostrations an ejaculation bathing is not necessary. #358. At the moment of bathing it is not necessary to solemnly intend to practice an obligatory or a recommended bathing and it is sufficient to do the bathing with the intention of closeness, that is obeying God's bidding. #359. If he is certain that it is the time of prayer and solemnly intends an obligatory bathing only to find out that the bathing was premature his bathing is correct. #360. Whether obligatory or recommended, a bathing is performed in two ways, sequential or by dipping.

SEQUENTIAL BATHING #361. In sequential bathing one must, with the intention of bathing, first wash the head and the neck then the right side of the body and then the left side. And if he does not do so on purpose or because of forgetting or lack of knowledge his bathing is void. #362. Half of the umbilicus and half of the private parts must be washed with the right side of the body and the other half with the left side. Washing the entire umbilicus and the private parts concomitantly with each side of the body is even better. #363. To obtain certainty that he has bathed the entire head and neck and the right and left sides of the body he must wash a part of the other side of the body when washing the other side. Further, it is a recommended caution to wash the whole right side of the neck with the right side of the body and the whole left side of the neck with the left side of the body. #364. If at the end of the bathing he realizes that he has not washed a part of the body but does not know which part he must repeat the bathing.

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#365. Following bathing, if he realizes that he has not washed a part of his body washing the latter part is sufficient if it is on the left side. When it is on the right side he must wash the left side once more after he has washed the unwashed part of the right side. And if it is on the head and neck he must, following washing that part, first wash the right and then the left side of the body for the second time. #366. If before finishing the bathing he doubts washing a part of his left side it is sufficient to wash just that part. But if after he has engaged in washing the left side he doubts regarding the whole or part of the right side or if while engaged with washing the right side he doubts the washing of the whole or part of his head and neck he must then not pay attention [to those doubts.] BATHING BY SUBMERSION (dipping) #367. In practicing submersion bathing, when it is solemnly intended, it is correct to enter the water gradually until the whole body is under the water and it is cautionary to get under water at once. #368. In submersion bathing, if the whole bOdy is under water and, following a solemn intention for bathing, he moves his body his bathing is correct. #369. If after a submersion bathing he realizes that water has not reached a part of the body he must repeat the bathing whether or not he knows where was that spot. #370. If he has no time for sequential bathing but he has time for submersion bathing he must do the latter. #371. One who has practiced an obligatory fast or has put on a pilgrim's garb for Haj or Omra cannot practice bathing by submersion but if he does so because of forgetting the matter, his submersion is correct. PRECEPTS OF DArniNG #372. In bathing by submersion the whole body must be clean but in sequential bathing the cleanliness of the whole body is not necessary and if the entire body is unclean and one rinses each part prior to bathing it, it is sufficient. #373. The sweat from an unlawful ejaculation is not unclean and it is correct to bathe with warm water, for a person who has ejaculated unlawfully.

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#374.A bathing is void if there is a part of the body which has remained unwashed measuring the head of a hair. However, the washing of such invisible places as inside the ears and nose is not obligatory. #375. Washing those places that he doubts whether are within or outside the body is not obligatory, but washing them is closer to caution. #376. When the hole for an earring or the like is so large that its inside is visible it must be washed and if not visible its washing is not necessary. #377. Anything that prevents water reaching the body must be removed and if he bathes prior to certainty as to the removal, his bathing is void. #378. If at the time for bathing he doubts whether or not there is an obstacle to water reaching he must examine to become certain that there is no obstacle. #379. In bathing one must wash those short hairs that are reckoned as part of the body and as a caution it is necessary to wash the long hairs as well. #380. All those conditions enumerated for a correct ablution such as cleanliness of the water and its non-extortiveness applies to the correctness of bathing as well. However, in bathing it is not necessary to wash the body from top to below and in sequential bathing it is not necessary to wash one part right after another. Rather it is of no concern if after washing the head and neck he waits awhile and then washes the right side and after awhile washes the left side. However, in a person who cannot hold his urine and stool, if there is no exit of these in the length of time sufficient to practice bathing and praying he must, when the time is short, bathe each part after another and lay his prayer immediately after the bathing. The same rule applies to a woman with undue bleeding; more on that later. #381. A bathing is void when a person intends not to pay his dues to the bath-keeper or wishes to bathe on credit without the prior consent of the bath-keeper, even though he later obtains the owner's consent. #382. When the bath-keeper has consented to give a person credit but that person intends not to pay back his debt, or to pay it by means of an unlawful asset, his bathing is marred by difficulty. #383. When a person wants to pay the bath-keeper with unlawful money or money of which he has not paid the Fifth (khoms) his bathing is void.

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#384. If he cleans his anus in the bath's reservoir but before the actual bathing he doubts as to the consent of the bath-keeper regarding the act of cleansing, his bathing is void unless he has the prior consent of the bath-keeper to do so. #385. If he doubts whether he has practiced bathing or not he must bathe but if after the bathing he doubts the correctness of the act repeating it is not necessary. #386. When he commits the lesser mishap, such as urinating while bathing, the bathing does not become void, but following the bath he must practice ablution in order to pray. #387. The bathing of a person who practices it with the supposition that he has enough time for bathing and for praying is correct even though he later realizes that the time was not sufficient for bathing. #388. The previously laid prayer of an ejaculator who doubts whether or not he has practiced bathing is correct. However, he must practice bathing for the forthcoming prayers. #389. A person for whom several obligatory bathings are due can solemnly intend and practice one bathing in lieu of all of them or can practice them one after another. #390. It is unlawful for an ejaculator to lay hands on a verse of the Koran or on the name of God which may be written on his body. And if he wants to practice bathing he must do so such that his hand does not reach that writing. #391. One who has practiced an ejaculator's bath must not practice ablution for praying but one cannot lay a prayer with other kinds of bathinr ·and he must also practice ablution.

UNDUE BLEEDING One of the bloods that exit from women is that which is "undue" and such a woman at that time is called an undue bleeder. #392. The blood of undue bleeding is often yellow and cold and exists without pressure and burning and it is not dense, either. But it is possible at times for it to be black or red and warm and dense and to exit under pressure with burning. #393. Undue bleeding is of three kinds; small, moderate and large. The bleeding is small when the blood does not enter into a piece of cotton, which the woman puts in her vulva, to appear from the other side of the

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cotton. It is moderate when the blood enters into the piece of cotton and appears on the other side of it but does not reach the handkerchief which women usually wear to prevent bleeding. The bleeding is large when the blood flows from the cotton to the handkerchief. PRECEPTS OF UNDUE BLEEDING #394. With small bleeding the woman must, for each prayer, practice one ablution and change or rinse the cotton and rinse the exterior of the vulva in case blood has reached it. #395. If she sees moderate undue bleeding before or during the prayer she must practice bathing for the prayer. #396. In the case of large undue bleeding, in addition to what was said above for the moderate bleeding, she must change or rinse the handkerchief for each prayer and practice one bathing for the noon and afternoon prayers and one for the sunset and night prayers. And she must not allow a lapse between the noon and afternoon or the sunset and night prayers and if she does she must repeat bathing for the afternoon and the night prayers. #397. If the undue bleeding flows prior to the time of prayer even if she had practiced ablution and bathing for that blood she must, as an obligatory caution, practice ablution and bathing at the time of the prayer. #398. A moderate or large undue bleeder who must practice ablution and bathing can practice either of these first but it is better to first practice ablution. #399. If a woman's undue bleeding changes from small to moderate following the morning prayer she must practice bathing for the noon and afternoon prayers. And if it changes to moderate following the noon and afternoon prayers she must practice bathing for the sunset and night prayers.

#400. When a woman's undue bleeding changes from moderate to that

of large after the morning prayer she must practice bathing once for the noon and afternoon prayers and once more for the sunset and night prayers. And if it changes to large bleeding after the noon and afternoon prayers she must practice bathing for the sunset and night prayers. #401. For a woman with moderate or large undue bleeding, if she practices bathing prior to entering into the time of prayer that bathing is void. Further, if she practices bathing and lays the night prayer close to the -49-

morning azan it is an obligatory caution to repeat her bathing and ablution following entering into the morning. #402. An undue bleeder must practice ablution for every prayer, whether obligatory or recommended. Similarly, she must practice all those acts mentioned for the undue bleeder if she wants to repeat prayer as an exercise of caution or if she wants to lay a certain prayer in public which she has done previously in private. However, practicing the acts for undue bleeders is not necessary for laying a cautionary prayer, a forgotten prostration, a forgotten witnessing and a prostration of error if these are done immediately after the prayer. #403. Following the termination of bleeding an undue bleeder must practice the acts only for the first upcoming prayers and it is not necessary to do so for the subsequent prayers.

#404. When a woman does not know the kind of bleeding she has, she must, at the time of praying, as an obligatory caution, put some cotton into her vulva, wait awhile and take the cotton out. After she learns which one of the three bleedings she has, she will do those acts given for the kind of bleeding she discovers. But if she knows that her undue bleeding will not change by the time for the prayer she can inspect herself prior to entering [the time of that prayer], too. #405. When an undue bleeder engages in prayer with the intention of closeness but before inspecting herself her prayer is correct if she has acted according to her duty; for example, if her bleeding had been small and she had practiced those acts for small undue bleeding. And if she had had no intention of closeness or if her acts had not been according to her duty, such as practicing the acts for small bleeding in the face of moderate bleeding, her prayer is void.

#406. An undue bleeder, if unable to inspect herself, must act according to those things that are her duties for certain. For example, if she does not know whether her bleeding is of a small or moderate kind she must do those acts for small bleeding and if she does not know if it is a moderate or large, she must do those for a moderate kind. But if she knows what kind of undue bleeding she has had previously she must act according to the duties for that kind. #407. When the blood of undue bleeding remains within and does not come out an ablution or bathing will not be void. But if it does come out it voids ablution and bathing, no matter how small it may be. #408. When an undue bleeder inspects herself after a prayer and does -50-

not see blood she can lay a prayer with the same ablution even if she knows that bleeding will recur. #409. When an undue bleeder knows that no blood has come out of her since she engaged in ablution or bathing and that there will not be blood in her vulva nor any will emerge until after the prayer, she can postpone the laying of [that] prayer. #410. When an undue bleeder knows that she will be entirely clean before the time for prayer has passed, or that the bleeding will stop for the time needed for laying a prayer, she must wait and lay the prayer when she is clean. #411. When the bleeding appears terminated after practicing ablution and bathing and the undue bleeder knows that she will be entirely clean if she postpones the prayer by an amount of time necessary for practicing ablution and bathing and praying she must postpone the prayer and repeat her ablution and bathing after she became entirely clean and then lay the prayer. And if there is a short time left for prayer, repeating the ablution and bathing is not necessay and she can lay the prayer with the ablution and bathing she already possesses. #412. A moderate and large undue bleeder must practice bathing after she is entirely clean from the blood but if she knows that there has not been any bleeding since she engaged in bathing for the previous prayer repeating the bathing is not necessary. #413. A small undue bleeder must engage in praying immediately following ablution and a moderate bleeder must do the same after bathing and ablution. But saying the azan and eghameh, and the invocations prior to the prayer, are of no concern and they can also practice the recommended acts of prayer, such as submission (ghonoot) and the like. #414. If an undue bleeder allows time between her bathing and praying she must repeat her bathing and engage in prayer immediately afterwards. However, bathing is not necessary if there is no flow of blood within the vulvar space. #415. If there is an incessant flow of undue bleeding she must, when there would be no harm to her, prevent the exit of blood with the use of cotton before and after bathing. And if because of neglect any blood exits she must repeat her bath and practice ablution and repeat her prayer too, if she had laid one before. #416. When there is no cessation of blood flow while bathing that bathing is correct but if the nature of undue bleeding changes from that -51-

of moderate to large during bathing, she must, as an obligatory caution, revise an ongoing sequential bathing or repeat the previously performed bath-by-dipping. #417. It is an obligatory caution that an undue bleeder prevent the exit of blood in a day that she fasts, as much as she can. #418. The fasting of an undue bleeder for whom bathing is obligatory is correct if she practices bathing for the sunset and evening prayer in the eve prior to the day she wants to fast. In addition, she must practice those bathings which are obligatory for her daytime prayers. But if she does not practice bathing for the sunset and evening prayers and practices bathing (before the azan of morning) for the night prayer, as well as the obligatory bathings for her daytime prayers, her fasting is correct. #419. If a woman becomes an undue bleeder following the afternoon prayer but does not practice bathing until the sunset, her fasting is correct. #420. If a small undue bleeding turns into a moderate or large one before the prayer she must follow those directions laid down for the moderate or large conditions. And when the bleeding changes from moderate to the large kind she must do those acts for large undue bleeding. And if she has practiced bathing for moderate bleeding the latter is of no avail and she must repeat her bathing appropriate to large bleeding. #421. -If while praying a woman's moderate bleeding changes into large bleeding she must break the prayer, practice bathing for large undue bleeding, practice ablution and its other acts and then lay the same prayer. And if she has no time for the bathing and the ablution she must practice two earth-rubbings; one in lieu of bathing and the other in lieu of ablution. And if there is no time for one of these she must practice earth-rubbing in lieu of that one and practice the other. And if there is no time for earth-rubbing she cannot break the prayer and must terminate the latter and make up for it as an obligatory caution. The same holds true if her small undue bleeding changes into a moderate or a large one while praying. #422. If the flow of blood stops while praying and the undue bleeder does not know whether or not it has also stopped internally, and she learns that after finishing the prayer, she must repeat the ablution, bathing and the prayer. #423. If the undue bleeding changes from a large to a moderate degree

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she must act according to the directions for large bleeding for the first prayer . and according to the moderate bleeding for the subsequent prayers. For example, if a large bleeding becomes a moderate one prior to the noon prayer she must practice bathing for the latter prayer and practice only ablution for the afternoon, sunset and evening prayers. But if she does not practice bathing for the noon prayer and has time only for the afternoon prayer she must bathe for the afternoon prayer. And if she does not bathe for the afternoon prayer either, she must bathe for the sunset prayer and if she does not do so either and has time only for the evening prayer she must practice bathing for the evening [prayer]. #424. If the blood of a large undue bleeder stops before each prayer and recurs again she must practice bathing for each prayer. But if the bleeding stops after bathing and before the prayer she can lay the prayer with that bath, in case the time is short for another bathing and laying the prayer in time. The same holds true for ablution. #425; When large undue bleeding becomes a small one she must do the acts of large bleeding for the first prayer and those of a small one for the subsequent prayers. Similarly when a moderate bleeding changes into a small one she must act according to a moderate situation for the first prayer and according to a small bleeding for the subsequent prayers. #426. If an undue bleeder abandons one of the obligatory acts, even if it is the changing of the cotton, her prayer is void. #427. When a small undue bleeder wishes to do something other than praying which is conditioned upon possessing an ablution, e.g. if she wants to touch a part of her body to the writings of the Koran, she must practice an ablution and the ablution she has practiced for the prayer is not enough. #428. There is no concern for an undue bleeder to enter the mosques of Mecca and Medina and to stop at other mosques and to read those suras which require obligatory prostration. But intercourse with her husband becomes lawful if she practices bathing although she may not have done other acts obligatory for prayer, such as ablution and changing the cotton and the handkerchief. #429. If a large or moderate undue bleeder wants to contact a part of her body to the writing of the Koran prior to the time of prayer she must bathe and practice ablution. #430. The prayer of Ayat (signs) is obligatory for undue bleeders and she must do those acts laid down for the daily prayer for former prayer as well. -53-

#431. At the time of daily prayer, when the prayer of Ayat becomes obligatory for an undue bleeder she must do all those acts which are obligatory for the daily prayer for the Ayat prayer as well, even though she wants to lay these two prayers one after another. And it is an obligatory caution not to lay the two prayers with the same bathing and ablution. #432. When an undue bleeder wants to lay a compensatory (ghaza) prayer she must do those acts which are obligatory for a due (ada) prayer. #433. If a woman knows that the blood emerging from her is not that of an ulcer and is not religiously reckoned as menstrual or puerperal (childbirth) she must, as an obligatory caution, act according to the directions for undue bleeding. Further, if she doubts whether it is undue bleeding or other kinds of blood she must, if unaware of their signs, act according to those of undue bleeding, as an obligatory caution. MENSTRUAL DISCHARGE Menstrual blood is that which often exits from the uterus of women each month. And a woman is called menstruous when she sees menstrual blood. #434. Menstrual blood is often dense, warm and of reddish-black or red color and exits under pressure with mild burning. #435. Those women who are descendants of Mohammed (seyyedeh) enter menopause after they finish sixty years of age, that is they cease to see menstrual blood. Others who are not of Mohammed's descent enter menopause when they finish the age of fifty. #436. The blood that a girl sees before finishing the age of nine and that which a woman sees after menopause is not menstruous. #437. It is possible for a pregnant and a nursing woman to witness menses. #438. A girl who does not know whether or not she has finished nine years of age, when seeing blood which does not have the sign of menses, is not menstruating. And if [the blood] has the signs of menses and she is certain of its menstrual nature she is menstruating and it becomes evident that she has finished the age of nine. #439. A woman who doubts whether or not she is menopausal, if she sees any blood of which she does not know to be menstruous or not must -54-

start from the premise that she is not menopausal. #440. The length of menstruation is not less than 3 days or more than 10 days and if it is slightly less than 3 days it is not menstrual. #441. The first 3 days of menstruation must follow one another; thus if, for example, she sees blood for 2 days and is clean for one day and sees blood again the next day, she is not menstruating. #442. It is not necessary for blood to exit for 3 days. Thus, if there is blood in the vulva that is enough. And if during these 3 days she becomes clean for such a short while that it can be said 'blood existed in the vulva throughout the 3 days', she is still mensturating. #443. It is not necessary that she sees blood on the first and fourth nights. But the blood must not cease in the second and third nights. Thus if there is a continuous flow of blood from the morning azan of the first day to the sunset of the third day she is menstruating. Similarly, if it begins in the middle of the first day and ends in a similar time on the · fourth day with no cessation of blood in the second and third nights. #444. When she sees blood for three consecutive days and then becomes clean but sees blood again and the total number of days that she has seen blood and those on which she was clean does not exceed 10 days she was menstruous in the intervening days in which she was clean.

#44S. When she sees blood for more than 3 days but less than 10 days and she does not know it to be that of an abscess or that of menses she must, if she does not know whether the abscess is located on the right or on the left side, (if possible) put some cotton inside her and take it out. Thus if the blood is coming out of the left side it is menstruous and if it comes out of the right side it is related to an abscess. And if inspection is not possible, if she knows that the previous blood was due to menses she should consider it menstruous and if of an abscess then that of an abscess, and if she does not know whether it was menstruous blood or from an abscess she must abandon all those things that are unlawful to the menstruating woman and practice all those prayers performed by non-menstruating women. #446.When she sees blood for more than 3 days but for less than 10 days and does not know it to be menstruous or related to a sore (ulcer); if formerly menstruating it is menstruous and if formerly clean it is considered clean and if she does not know it to have been clean or menstruous she must abandon all those things which are unlawful to the menstruating woman and do all those prayers done by non-menstruating women.

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#447. If she sees blood and doubts whether it is that of menses or of childbirth it must be considered as menstruous when it has the conditions set for menses. #448. If she has seen blood which she does not know to be from menses or from the hymen she is to inspect herself; that is she puts an amount of cotton into the vulva and waits for awhile and takes it out. Thus, it is of hymen if the periphery is contaminated and it is menses if the blood has reached all over the cotton. #449. When she sees blood for less than 3 days and becomes clean and then again sees blood for 3 more days the second blood is menstruous and the first is not, even if it occurred in the days of her period. PRECEPTS OF THE MENSTRUATING WOMAN #450. Several things are unlawful for the menstruating woman. First, those worships such as the prayer which requires ablution or bathing or earth-rubbing. But laying those prayers which do not necessitate ablution and bathing and earth-rubbing, such as the prayer of the dead, are of no concern. Second, all those things unlawful to the ejaculator and mentioned in the precepts of ejaculation. Third, copulation in the vulva which is unlawful both for her and for the man even if entered up to the circumcision site and without the exit of semen. Further, it is an obligatory caution that he does not enter even less than the circumcision site anQ entering the anus of the menstruating woman carries an intense loathesomeness.

#45 1. Copulation is also unlawful in those days that menstruation is not certain, but must religiously be considered menstrual by the woman. Thus, when a woman sees blood for more than 10 days and must, according to instructions to be stated later, consider those days of the periods of her relatives as menstruous for herself, her husband cannot have intercourse with her in those days. #452. If the number of days of menstruation are divided by three and a man copulates with his woman in the first part of the period he must, as an obligatory caution, expiate by giving 18 peas of gold to the poor, and if in the second part by giving nine peas of gold, and when he copulates in the third part of the period he must expiate by giving 4.5 peas of gold. For example, in a woman who menstruates for six days, if her husband joins her in the first or second day or night he must give 18 peas of gold and if in the third or fourth day or night he gives nine peas and in the

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fifth or sixth day or night he must give 4.5 peas. #453. Anal entrance into the menstruating woman has no expiation. #454. It is not necessary to pay the atonement (expiation) in gold coin but if he wants to pay its cash price he must pay its equivalent to a gold that is coined. #455. If the price of gold differs from the time of copulation to the time of giving to the poor he must reckon the price of the time of giving. #456. If a person copulates with his wife in the first as well as the second and the third part of her menstruation he must give equal to the total expiation sum which equals 31.5 peas. #457. If one copulates with a menstruating woman again, after having done so and having given the atonement before, he must give the atonement once more, as an obligatory caution. #458. If a man copulates several times with a menstruating woman and does not pay any of the expiation fees in between he must give an expiation fee for each copulation, as an obligatory caution. #459. If a man at the time of copulation realizes that the woman is menstruating he must immediately separate from her, and if he does not do so he must give atonement as an obligatory caution.

#460. If a man fornicates with a menstruating woman or copulates

with a menstruating stranger on the supposition that she is his wife he must, as an obligatory caution, give atonement.

#461. A person who cannot give atonement must, preferably, give alms and if unable to do so must, as an obligatory caution, ask forgiveness and must give the atonement whenever he becomes able to. #462. Divorcing a menstruating woman, as it will be mentioned in the book of divorce, is void. #463. If a woman says that 'I am menstruating' or that 'I am clean from menstruation' her statement must be accepted.

#464. If a woman begins menstruating while praying her prayer is

void.

#465. While praying, if a woman doubts whether or not she is menstruating, her prayer is correct, but if after that she learns of her menstruation the prayer she laid is void.

#466. After the woman becomes clean from menstrual blood, it is obligatory that she practices bathing for prayers and other worship -57-

which require ablution or bathing or earth-rubbing. The directions for bathing are like those for ejaculation. However, for prayer she must also practice ablution before or after bathing and it is preferable to do so before bathing. #467. Following the cleansing of the woman from menstruous blood, divorcing her is correct though she may not have practiced bathing and her husband can copulate with her, too. But a recommended caution is to refrain from copulation before bathing. However, the other acts which were unlawful for her while menstruating such as stopping in the mosque or touching the writings of the Koran will not become lawful until she has practiced bathing. #468. When there is not enough water for ablution and bathing but there is enough for either ablution or bathing she must, as an obligatory caution, practice bathing and then practice earth-rubbing in lieu of ablution. But when there is enough only for ablution and not enough for bathing she must practice ablution and practice earth-rubbing in lieu of bathing. And when there is water for none of these she must earth-rub twice, one in lieu of bathing and the other in lieu of ablution. #469. The daily prayers which were not laid by the menstrating woman require no compensatory, but she must practice the obligatory fasting she has missed. #470. If she enters the time of prayer and knows that if she postpones the prayer she will begin menstruating she must immediately lay the prayer. #471. If a woman postpones a prayer and begins with menses after a time sufficient for performing the obligatories of a prayer, it is obligatory for her to repeat that prayer later on. But she must consider her situation in regards to such things as a fast or slow pace of laying [the prayer] or the like. For example, in the case of a woman who is not traveling, compensating a prayer which was not laid at noontime becomes obligatory if the time since noon to the onset of her menses equals the time needed for laying a four-unit prayer. But for a traveler the time equal to the amount for laying a two-unit prayer is sufficient. Similarly she must consider the provision of those conditions which are not available; thus, repeating a missed prayer is obligatory when her menses occurs after the time which was sufficient for providing the necessities as well as the laying of the prayer, else it is not obligatory. #472. When a woman becomes clean from blood at the end of the

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prayer time and she has sufficient time for bathing and ablution and other preludes to prayer, such as providing clothing or their rinsing, as well as for laying a one-unit prayer or more, she must lay that prayer and if not she must repeat the missed prayer. #473. When a menstruating woman does not have enough time for bathing and ablution but she can lay the prayer, on time, with earthrubbing [that] prayer is not obligatory for her. But if, besides the shortness of time, it is her duty to practice earth-rubbing, such as when water is harmful to her, she must earth-rub and lay that prayer. #474. When a menstruating woman, after becoming clean, doubts whether or not she has enough time for prayer she must lay that prayer. #475. When she does not lay a prayer on the supposition that she does not have enough time for the preludes and for laying a one-unit prayer only to later realize that she did have time to do the above, she must lay a compensatory prayer for the missed one. #476. At the time of prayer, it is recommended that a menstruating woman cleanse herself from blood and change the cotton and the handkerchief, practice ablution, or practice earth-rubbing if she cannot practice ablution, and sit in the spot of prayer toward the kiblah and to engage in supplications and salutations .. #477. Reading and carrying the Koran and touching any part of the body to the edges or [the spaces] between the writings of the Koran as well as tinging with henna and the like are acts which are abominable for a menstruating woman.

KINDS OF MENSTRUATING WOMAN #478. Menstruating women are of six kinds. First, those who possess a regular and numerical habit. These are the women who see menstrual blood in two consecutive months at a known time and for the same number of days. For example, when she sees blood from the first to the seventh of the month for two consecutive months. Second, those who possess a regular period; that is a woman who sees menstrual blood in two consecutive months at a known time but the number of menstrual days are not the same in each month. For example, she sees blood in two consecutive months beginning at the first of the month but becomes clean from blood in the seventh and the eight days in the first and the second months, respectively. Third, those who possess a numerically constant period. That is a woman whose menstrual days are the same in two

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consecutive months but whose seeing of blood does not occur on the same dates. For example, she sees blood from the fifth to the tenth and from the twelfth to the seventeenth in the first and second months, respectively. Fourth, is the anxious woman who is the one who has seen blood for some months without finding a regular period or the one whose period has become perturbed and has not yet acquired a new pattern. Fifth, is the beginner who-sees blood for the first time. Sixth, is the forgetting woman and that is a woman who has forgotten about her periods. Each of these categories have precepts of their own which will be addressed in the coming problems. 1. Those Who Possess Regular and Numerically Defined Menses #479. Women with regular and numerically defined periods are of three kinds. First, those women who see menstrual blood in two consecutive months at a certain time and then become clean at a certain time. For example, she sees blood in two consecutive months beginning the first of the month and becoming clean on the seventh. Thus, the menstrual period of such a woman is from the first to the seventh of the month. Second, is those women who do not become clean from blood, but, in two consecutive months and for a definite number of days, such as from the first to the eighth of the month, the blood which she sees has signs of menstruation, i.e. it is dense, black, warm and exits with pressure and burning. And the remainder of their blood has the features of undue bleeding. Thus her period is from the first to the eighth of the month. Third, is the woman who sees menstrual blood at a certain time in two consecutive months and after three or more days of seeing blood she becomes clean for a day or more followed by seeing blood again with the total number of bleeding days and that of intervening clean days not exceeding ten and the sum of bleeding and clean days being equal in the consecutive months. Thus, the menstrual period of that woman equals the total number of days in which she has seen blood plus the number of intervening clean days. But it is not necessary for the intervening clean days to be equal in two consecutive months. For example, if in the first month she sees blood from the first to the third day followed by three clean days and then another three bleeding days and in the second month following the initial three bleeding days she becomes clean for more or less than three days and then she sees blood again with a total of not more than nine days, all these are menstrual and the habit (period) of that woman is of nine days. #480. When a woman who possesses regular and numerically definite

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menses sees blood two or three days before or after [the expected day of] her period, so it is said of her that she has expedited or postponed her menses, she must act according to the precepts laid for menstruation even though the blood may not have the signs of menses. And if she later learns that it had not been menstrual, for example when she becomes clean in less than three days, she must repeat the worship she had not practiced [in the meantime]. #481. When a woman who has a regular and numerically definite period sees blood a few days before her period as well as during the entire period and a few days after her period, with the total not exceeding ten days, all those are menstrual. And if it exceeds ten days only the blood which she has seen during her period is menstrual and the preceding and the afterward blood is undue bleeding. Thus, she must repeat that worship she has missed during the days before and after her menses. And if she sees blood during the entire period as well as a few days before that, but not exceeding a total of ten days, all those are menstrual. If it exceeds ten days only those of her period are menstrual and the rest are undue bleeding. #482. When a woman who possesses a regular and numerically defined period sees blood throughout her period as well as a few days before the period, all are menstrual if not exceeding ten days. When it exceeds ten days she is menstrual for a length equal to that of her periodic bleeding plus as many of the preceding days for a total equal to the length of her regular menses, thus making the initial days undue bleeding. And if she sees blood during her period as well as a few days after, with the total not exceeding ten, all are menstrual and if exceeding ten days she must reckon as menstrual the number of days totalling the days of bleeding period plus the succeeding days, up to the length of her periods, with the remainder considered undue bleeding. #483. There are several situations applicable to a woman who has menses and who becomes clean after seeing blood for three or more days only to see blood again, with the interval between the two bloods being less than ten days and the total of bleeding and intervening clean days being more than ten days. For example, when she becomes clean for five days and sees blood in the next five days, as follows: 1. When all the blood she has seen on the first occasion, or part of it, occurs during her period and the second blood following her becoming clean occurs outside her period. In this case all of the first blood is considered menstrual and the second blood as undue bleeding. -61-

2. When the first blood is not in the days of menses but the second blood or part of it is and in this case the entire second blood must be considered menstrual and the first blood as undue bleeding. 3. That in which a portion of the first and second blood occurs over the days of habit and the first blood occurs in the menstruating (habit) days lasting not less than three days, while it together with the intervening clean days and the portion of the second blood (which occurs in the menstruating days, too) does not exceed ten days. Under those conditions all are menstrual and the portion of the first blood prior to the menstruating days and that of the second blood flowing after the menstruating days are undue bleeding. For example, if her habit was to have been from the third to the tenth of the month and in one month she sees blood from the first to the sixth and becomes clean for two days and then sees blood to the fifteenth of the month she is then menstrual from the third to the tenth and an undue bleeder from the first to the third and from the tenth to the fifteenth of the month. 4. That in whom a portion of the first and second blood occur in the days of menses but the first blood occurring in those days lasts less than three days. In this case she must, throughout the two bloods and in the intermediate clean interval, abandon those acts which are unlawful to the menstruating woman as detailed before and act according to the directions for undue bleeding; that is she must practice her worship according to the directions given for undue bleeders. #484. When a woman who possesses a regular and numerically definite period does not see blo!ld at the expected time and sees blood at a different occasion numbering the same days of her menses she must consider that as her menstruation whether it happens before or after her period. #485. When a woman who possesses a regular and numerically defmite period sees blood at the expected time, but for a number of days which is less or more than that of her regular period, and following becoming clean sees blood again for a number of days equal to that of her previous periods she must abandon those acts which are unlawful to a menstruating woman for both bloods and practice the acts for undue bleeding. #486. When a woman who has a regular and numerically definite period sees blood for more than ten days, the blood that she sees in the days of her period is menstrual, even it if does not have the signs of menstrual blood. And the blood that she sees after her period is that of -62-

undue bleeding even though it has the feature of menstrual blood. For example, when a woman whose menstrual habit is from the first to the seventh of the month sees blood from the first to the twelfth of the month the first seven days are menstrual and the latter five days are undue bleeding. 2. Possessors of Regular Periods #487. There are three classes of women with regular periods. First, is a woman who sees menstrual blood on the same date in two consecutive months and becomes clean after several days but the number of those days are not the same in each of the two months. For example, she sees blood in two consecutive months beginning on the first day of the month but becomes clean from blood on the seventh and eighth days in the first and second months, respectively. Such a woman must consider tbetirst day of the month as her menstrual habit. Second, is the woman who does not become clean from blood but in two consecutive months, and at a definite time, her blood has the features of mentruation in that it is dense, black and warm and exits with pressure and burning and the rest of her blood has the features of undue bleeding. And the number of days in which her blood has the features of menstruation is not the same in the two months. For example, in the first month from the first to the seventh and in the second month from the first to the eighth her blood has the features of menstruation and the rest have the features of undue bleeding. Such a woman, too, must consider the first of the month as the first day of her menstrual habit. Third, is the woman who, in two consecutive months and at a definite time, sees menstrual blood for three or more days and after becoming clean sees blood for the second time and the entire number of days of seeing blood together with the intervening clean days does not exceed ten days but the latter is more or less in number in the second month than what it was in the first month. For example, it is eight days in the first month and nine days in the second month. Such a woman, too, must consider the first of the month as the first day of her menstrual period. #488. When a woman who has regular periods sees blood two or three days before or two or three days after her period so it is said that she has expedited or postponed her menstruation, even though that blood may not have the features of menstrual blood, she must act according to the precepts stated for menstruating women and if she later learns that she had not been menstruous, for example when she becomes clean in less than three days, she must make up for that worship that she has missed.

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#489. When a woman who has a regularly occurring period sees blood in excess of ten days and cannot discern menstruation from its signs she must reckon the number of menstruous (habit) days of her relatives as those of herself whether they be paternal, maternal, alive or dead. But she can do so if the number of their menstrual days are all the same. And when the number is not the same, such as if in some it was of five days duration and in others of seven days, she cannot reckon their habit as that of herself unless the number of those whose periods vary in length from that of the rest is so small as to be considered nil in comparison. In that case she must consider the majority's period as her own. #490. A woman who has a regular period and substitutes the number of her relatives' menstrual days as that of herself must put the first day of her own menses as the beginning of her menstrual period. For example when a woman who used to see blood on the first day of the month and was becoming clean on the seventh in some months and on the eighth in others sees blood for 12 days in one month she must, if her relatives' periods were of seven days duration, consider the first seven days as menstrual and the remainder as undue bleeding. #491. A woman who has a regular period and who must consider the number of days of her relatives' period as those of herself must, in case of the nonexistence of relatives or of dissimilarity of their habit numbers, in every month from the day that she sees blood consider the first seven days as menstrual and the rest as undue bleeding. 3. Possessors of a Numerically Definite Period #492. There are three classes of those women who possess a numerically definite period. First, is the woman whose menstrual periods run the same number of days in two consecutive months but the time that she sees blood are not identical. In that case her period equals the number of days in which she has seen blood. For example, if she sees blood from the first to the fifth of the month in the first month and from the eleventh to the fifteenth in the second month, her menses are of five days duration. Second, is a woman who does not become clean from blood but in two consecutive months her blood for some days has menstrual features and the rest of the time it has signs of undue bleeding; and the number of days in which the blood elicits the features of menstruation is the same in the two months but their timing are not the same. In that case her period is those days in which her blood assumes the features of menstural blood. For example, if in one month the blood has the features of menstruation from the first to the fifth and in the other month from the eleventh to the

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fifteenth and the rest of the time it has the features of undue bleeding her menstrual period is of five days. Third, is the woman who sees blood in two consecutive months for three or more days and then becomes clean for a day or more and sees blood again and the time of seeing blood varies between the two months. When the total number of days in which she sees blood together with the intervening clean days does not exceed ten and when that number is the same for the two months her menstrual period is all those days in which she has seen blood together with the intervening clean days and it is not necessary that the intervening clean days number the same in the two months. For example, if in the first month she sees blood from the first to the third day and becomes clean for two days and sees blood for another three days and in the second month sees blood from the eleventh to the thirteenth and becomes clean for more or less than two days and sees blood again not exceeding eight days in total, her period amounts to eight days. #493. When a woman who has a numerically definite period sees blood for more than the usual number of her menstrual days and in excess of ten days she must, if all of the blood she has seen is of one kind, consider herself menstrual from the first day of seeing blood up to the number of days equal to that of her period and consider the rest as undue bleeding. And when all the blood she sees is not of one kind but in some days it has features of menses and in some others those of undue bleeding she must, if the number of days with features of menstrual blood is the same as that of her periods, consider those days as menstrual and the rest as undue bleeding. And if the number of days in which the blood has features of menses exceeds the number of her menstrual days only those that correspond to her periods are menstrual and the rest are undue bleeding. And if the days that have features of menses number less than that of her period she must put those days as menstrual together with the balance which brings it to the number of her periods and consider the remainder as undue bleeding. 4. The Anxious Woman #494. An anxious woman is one who has seen blood for several months but has not found a definite habit. If she sees blood for more than ten days and all those of one kind, when her relatives' period are of seven days duration, she must put the first seven days as menstrual and the remainder as undue bleeding and if it is less than that, such as five days, she must consider those as menstrual and as an obligatory caution, for the two days difference between the length of their periods and the seven

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days, she must abandon those acts which are unlawful for the menstruating woman and practice the acts of undue bleeding, that is she must do according to the directions given to undue bleeders regarding her worship. And if the periods of her relatives exceed seven days, for example when it is nine days, she must put the first seven days as menstrual and must, in the remaining two days and as an obligatory caution, practice the acts for undue bleeders and abandon those acts unlawful to menstruating women. #495. When an anxious woman sees blood for over ten days some of which having features of menses and other with features of undue bleeding all those are menstrual if the blood with menstural features is not of less than three days and more than ten days duration. And if the blood with menstrual features is of less than three days she must put that as menstrual and act according to the instruction for the previous problem for the following seven days. Similarly, if before the passage of ten days from the blood with menstrual features she once more sees blood with menstrual signs, such as when for five days she sees black blood and for nine days yellow blood and again black blood for five more days, she must consider the first blood as menstrual and act according to the direction given in the previous problem for the remainder up to seven days.

5. The Beginner #496. A beginning woman is one who has seen blood for the first time. If she sees blood for more than ten days and all of the same kind she must piace as menstrual the length of her relatives' habits, as mentioned in those with regular pedods and consider the rest as undue bleeding. #497. A beginning woman who sees blood for more than ten days with some of which having features of menstruation and others with features of undue bleeding: in case the blood with menstrual features is not less than three days and more than ten days, it is all menstrual. But if before the passing of ten days from the blood with menstrual features she again sees blood with menstrual features, for example when she sees black blood for five days and then yellow blood for nine days and black blood for five more days, she must, for the start consider the first blood with menstrual features as menstrual and refer to the number of days of her relatives' periods and assign the balance as undue bleeding. #498. A beginning woman who sees blood for more than ten days of which some days have features of menstrual blood and others features of undue bleeding must, if the blood with menstrual features is of less than three days or more than ten days in duration, consider as menses beginning -66-

from the start of the blood with menstrual features and, referring to the number of her relatives' periods, consider the remainder as undue bleeding. 6. The Forgetful Woman #499. A forgetful woman means one who has forgotten her period. If she sees blood for more than ten days she must consider as menstrual those days in which her blood has features of menses for ten days and put the rest as undue bleeding. And if she cannot discern the latter from its signs she must, as an obligatory caution, consider the first seven days as menstrual and the remainder as undue bleeding. MISCELLANEOUS PROBLEMS OF MENSES #500. When a beginner, an anxious, a forgetful and a woman who has a numerically definite period sees blood with features of menses, or if they are certain that the blood will last three days, they must refrain from worship. Later, in case of finding out that it was not menstrual, they must make up for the worship that they have missed. But if they do not become certain that it will last for three days and when the blood does not have features of menses they must, as an obligatory caution, practice those acts pertaining to undue bleeding and abandon those acts which are unlawful for menstruating women. And if they did not become clean prior to three days they must reckon that as menstruation. #501. When a woman who has a habit of menses, whether in its timing or in its number of days, or in both of these, sees blood contrary to her habit in two consecutive months, with identical timing or number of days in the two months, her periods shift to the particulars of the latter two months. For example, if she used to see blood from the first to the seventh days and then became clean and for two months sees blood from the tenth to the seventeenth of the month and then becomes clean, her habit becomes from the tenth to the seventeenth. #502. The meaning of one month is from the beginning of seeing blood until thirty days later and not from the beginning of the month to the end of the month. #503. When a woman who usually sees blood once a month sees blood twice in one month with features of menses she must, if the intervening clean days were not less than ten, consider both occasions as menstrual. #504. If she sees blood for three or more days with features of menses followed by ten or more days in which she sees blood with signs of undue

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bleeding and again three days of blood with features of menses she must put the first and the third blood with features of menses as menstrual. #505. When a woman becomes clean prior to the tenth day and knows that there is no blood inside, she must practice bathing for her worship even if she suspects that she will see blood before the ten days are over. But if she is certain that she will see blood again before the passage of ten days she must not practice bathing and cannot lay prayers and must act according to the precepts for a menstruating woman. #506. When a woman becomes clean prior to the tenth day and finds it likely that there is blood inside she must put a piece of cotton into the vulva and wait a little and bring it out. Thus, if if is clean she practices bathing and performs her worship, and if it was not clean, even when it is contaminated by a yellowish water she must, if she does not have a menstrual habit or if her habit is of ten days, wait. If she becomes clean prior to the tenth day she must practice bathing and if her habit is less than ten days she must not practice bathing in case of knowing that she would become clean after or by the tenth day. And if she finds it likely that the bleeding will exceed ten days she can either refrain from worshipping until the tenth day or act according to those actions for an undue bleeder. And it is better if she abandons worshipping for a day or two and if she becomes clean before or on the tenth day all those are menstrual; thus, if it exceeds ten days she must reckon her habit as menstrual and the rest as undue bleeding and make up for that worship which she has missed after the ten days of habit. #507. If she puts a few·days as menstrual and does not worship only to realize that she was not menstruating she must make up for the prayer and the fasting of those days which were missed. And if she worships for a few days with the suspicion that she is not menstrual only to realize later that she has been she must, in case of having fasted in those days, repeat those fastings.

CHILDBIRm #508. Beginning from the time of exit of the first part of a child from the mother's belly any blood that a woman sees is the childbirth's blood, if it terminates before or on the tenth day. And a woman in the childbirth period is called puerpera (nafsa). #509. The blood which women see before the exit of the first part of the child is not that of childbirth.

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#510. It is not necessary that the child's creation be complete. Further, if a blood clot comes out of the uterus and the woman herself knows or four midwives attest that if it had remained in the uterus it would have become a human then the blood that she sees for over a ten day period is that of childbirth. #511. It is possible that blood of childbirth would not flow for more than an instant but it does not exceed ten days. #512. When she doubts whether or not something has been aborted or that the abortee would or would not have become a human had it remained, no investigation is necessary and the blood which exits from her is not that of childbirth. #513. Stopping in the mosque and contacting a part of the body to the writings of the Koran and other acts which are unlawful for the menstruating woman are also unlawful for the puerpera and those things that are obligatory, recommended or loathesome to a menstruating woman are obligatory, recommended or loathesome to a puerpera. #514. The divorce of a puerpera is void and sexual intercourse with her is unlawful. And if her husband has intercourse with her he must, as an obligatory caution, expiate according to the direction given in the precepts for menstruation. #515. When a woman becomes clean from childbirth's blood she must practice bathings and do her worship. And if she sees blood again, if the total number of days which she has seen blood and those of the intervening days in which she was clean is less than or equal to ten days, they are all [blood of] childbirth and she must repeat any fasting she has practiced in those days in which she was clean. #516. When a woman becomes clean from the blood of childbirth and finds it likely that there is blood inside she must put some cotton into the vulva and wait a little and, if clean, bathe for her worship. #517. When the blood of childbirth continues beyond the tenth day then, if she has a regular menses, she is a puerpera for that number of days and an undue bleeder for the rest. If she has no habit she is in puerperium for ten days and beyond that an undue bleeder. And it is a recommended caution for those with a habit to practice the acts for undue bleeding for ten days and for those who do not have a habit to do so for eighteen days after the childbirth and to refrain from those acts which are unlawful to a puerpera. #518. When a woman whose menstrual habit is less than ten days sees -69-

the blood of childbirth exceeding the number of her days of habit, she must put as puerperal the number of days equal to that of her period. Thereafter, until the tenth day, she can refrain from worship or practice according to those for undue bleeders. But abandoning worship for a day or two is very good. Thus, if it exceeds ten days she is puerperal for the days equal in number to that of her habit and an undue bleeder for the balance and she must repeat that. worship which she may have relinquished. #519. When a woman who has a regular menses sees blood continuously for one month or more following childbirth she is puerperal equal to the number of days of her period and the blood that she sees for ten days after the puerperal is that of undue bleeding even if it coincides with her monthly periods. For example, in a woman whose menstrual habits are from the twentieth to the twenty-seventh of each month if she delivers on the tenth of the month and continuously sees blood for a month or more she is puerperal until the seventeenth of the month and from the seventeenth for ten days is an undue bleeder even though she sees the blood of her menses from the twentieth to the twenty-seventh. And after the passing of ten days, if the blood which she sees occurs on the days of her habit, she is menstruating whether or not it has the features of menses. And if it is not on the days of her habit she must count that as undue bleeding even though it may have the features of menses. #520. When a woman who has no habits in menses sees blood for a month or more after delivery, the first ten days of it is that of childbirth and the second ten days that of undue bleeding. And the blood she sees after that is menstrual if.it has the features of menses and if not it too is that of undue bleeding.

THE BATH OF TOUCHING THE DEAD #521. When someone touches the body of a dead person which has become cold and has not been bathed, that is if he contacts a part of his body to it, he must practice the bath of touching the dead; whether he touches in sleep or while awake, voluntary or involuntary. He must practice the bath even if his nails or bones have touched those of the dead. But if he touches a dead animal, bathing is not obligatory for him. #522. No bathing is obligatory for touching a dead person whose whole body is not yet cold even though he may have touched a part which was cold. #523. Practicing the bath is a recommended caution when someone

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contacts his hair to the body of the dead or contacts his body to the hair of the dead or contacts his hair to that of the dead. #524. The bath of touching the dead is obligatory in case of touching a dead child, albeit an aborted child who has finished his four months. Further, it is better that one bathes in case of touching an aborted child of less than four months. Therefore, when a four month old child is born dead his mother must practice the bath of touching the dead and better yet if she does so when it is less than four months of age. #525. When a child is born after the death of the mother it is obligatory that he practices the bath of touching the dead upon reaching puberty. #526. When one touches a dead body after the completion of his three bathings no bathing becomes obligatory to him but if he touches any part of the dead before completion of the third bath, even though the part itself may have been through the third bathing, he must practice the bath of touching the dead.

#527. When an insane or an under age child touches the dead he must practice the bath of touching the dead upon gaining sanity or reaching puberty. #528. When a part which contains a bone separates from a live body or from the body of the dead who has not been bathed and one touches that part before it is bathed one must practice the bath of touching the dead. But there is no obligatory bathing for touching a separated part which does not contain any bone. #529. One must practice bathing for touching the bone and tooth which has come off a dead person and which has not been bathed. But there is no obligatory bathing for touching the bone or tooth which has separated from a live person and which does not contain flesh.

#530. The bath of touching the dead must be practiced similar to that of ejaculation but a person who has practiced the bath of touching the dead must also practice ablution if he wants to lay a prayer. #531. One bath is enough for touching several dead bodies or for

touching a dead body several times.

#532. For a person who has not practiced the bath after touching the

dead there is no obstacle in stopping at the mosque or in copulating or in reading those suras which require obligatory prostration. However, he must practice the bath and ablution for prayer and the like. -71-

PRECEPTS OF THE DYING #533. A dying Moslem, that is the person who is about to give up the life, be it a man or a woman, an adult or a child, must be laid on their back such that the soles look toward the kiblah. And if laying him like that is not quite possible it is an obligatory caution to act according to that direction to the degree which is possible. And if laying him is not at all possible it is cautionary to make him sit toward the kiblah and if that is not possible he must, again as a caution, be laid on his right or left side, looking toward the kiblah. #534. It is an obligatory caution that he remains facing toward the kiblah as long as he is not moved from the place of dying, but after moving this caution is not obligatory. #535. Turning the dying toward the kiblah is obligatory for every Moslem and permission of his guardian is not required. #536. It is recommended to inculcate upon the dying person the twin witnessings and the confession to the twelve Imams, salutations to them all, in a manner understandable to him and it is also recommended that the above-mentioned things be repeated until the time of death. #537. It is recommended that the following benediction be inculcated upon the dying such that he understands: "0 God, forgive my sins which are many and accept the little I have done in Your servitude, 0 that who accepts the little and forgives the many. Accept from me the little and forgive the many. Truly, You are the forgiver and the merciful, God have mercy on me, truly You are the merciful." #538. It is recommended that the person who gives up life with difficulty be taken to the place where he used to lay prayer if this does not make him uncomfortable. #539. It is recommended that for the dying person's comfort the blessed sura of Yes, Valssafat, Ahzab, Ayatolkorsi, the fifty-fourth ayeh (verse) of the A'raf sura and the last three ayehs of al-Bagarah, or whatever more is possible, be read from the Koran. [suras 36,37,33,2,7,2, respectively.] #540. It is abominable to leave a dying person alone or to put something heavy on his belly as is the presence of an ejaculator and a menstruating woman, as well as talking too much or weeping and leaving him alone with women. PRECEPTS OF AFTER mE DEATH #541. Following death, it is recommended to close the mouth of the

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dead such that it does not remain open. Also recommended is closing the eyes and the chin of the dead and straightening his arms and legs and covering him with a piece of cloth; and if he has died at night, lighting a lamp where he has died; and to call the faithful for ceremonial carrying of the body and to hasten the burial. But if they are not certain of his death they must wait until it becomes clear. And if the dead is pregnant and the child in her belly is alive the burial must be postponed until her left side is ripped open and the child is taken out and the side is sewed.

PRECEPTS OF BATHING, SHROUDING, PRAYING AND BURYING THE DEAD #542. Bathing, shrouding, praying and burial of a Twelver Moslem is obligatory to every duty-bound person and if carried out by some, others may relinquish those duties and if carried out by none all have committed a sin. And as an obligatory caution the same holds for a Moslem who is not a Twelver. #543. When a person engages in the acts for the dead no action is obligatory on the part of others but if he leaves the job half done others must complete it. #544. When one is certian that another has engaged in the acts for the dead his involvement is not obligatory but he must act if he doubts or suspects. #545. When a person knows that bathing or shrouding or praying or burying was carried out in a void manner he must do those again. But if he suspects that they were done in void or doubts whether or not it was correct no action is necessary. #546. One must ask for the permission of the dead's guardian for bathing, shrouding, praying and burying of the dead. #547. The guardian of a woman who takes part in her bathing, shrouding and burial is her husband and after the latter's death the men who inherit from the woman have precedence to their wives and those who have precedence in inheriting have precedence in this matter too. #548. When a person says 'I am the dead person's executor or guardian' or 'the dead person's guardian has given me permission to do the bathing and shrouding and the burying' it is upon him to do the acts of the dead if no one else says 'I am the dead person's guardian or executor' or 'I have the permission from the dead's guardian'. #549. If the dead person assigns someone other than his guardian for -73-

bathing, shrouding, burying and praying it is an obligatory caution that both the guardian and the other person give the permission. And the acceptance of this will by the person assigned by the dead for carrying out these acts is not necessary but he must act accordingly if he does accept it. PRECEPTS OF BATHING OF THE DEAD #550. It is obligatory to bathe the dead three times; first with water mixed with lotus, second with water mixed with camphor and third with pure water. #551. Lotus and camphor must not be so excessive to make the water an additive water nor must they be so small in amount that it would not be said that lotus and camphor are mixed with water.

#552. If not enough lotus and camphor is found it is an obligatory caution to put in water whatever amount to which there is access. #553. When a pilgrim who is garbed for Haj dies before finishing the walk between Safa and Marveh he must not be bathed with camphorated water. Instead he must be bathed with pure water; similarly, if he dies when garbed for Omreh and before the shortening of his hair. #554. When there is no lotus or camphor or both to be found or when their use is unacceptable, such as when they are extortive, the dead must be washed with pure water in lieu of each missing item.

#555. The person who bathes the dead must be a Twelver Moslem and must have reached puberty and be rational and must know the problems of bathing. #556. The person who gives the bath to the dead must do so with the intention of closeness, that is he does the bathing in order to carry God's commandment and if this solemn intention remains to the end of the third bathing that is enough and its renewal is not necessary. #557. The bathing of a Moslem child, even though born of fornication, is obligatory. And bathing, shrouding and burying of an infidel and his children is unacceptable. And a person who has been insane since childhood and has achieved puberty in that state must be bathed if his father and mother or one of them were Moslems and if none of them are Moslem to bathe him is unacceptable.

#558. An aborted child of four months age or more must be bathed and if less than four months of age must be wrapped in a cloth and -74-

buried without bathing.

#559. Bathing of a woman by a man and of a man by a woman is void but a wife can bathe her husband and a husband can bathe his wife even though it is a recommended caution that a wife does not bathe her husband and a husband does not bathe his wife. #560. A man can bathe a small girl whose age does not exceed three years and a woman can bathe a small boy whose age does not exceed three years. #561. When there is no man to be found to bathe a dead man then his women relations with whom his marriage was prohibited (mahram) such as mother, sister, paternal and maternal aunts or those related to him because of having been nursed from the same breast, can bathe him from under clothing or anything which covers his body. Also when there is no woman to bathe a dead woman her men relations with whom her marriage would have been prohibited or those who had become so through nursing can bathe her from under her clothes. #562. When the dead and the person who bathes him are both men or women it is acceptable for other parts of the dead to be nude except the private part. The same applies when the two are intimates to one another (mahram). #563. It is unlawful to look at the dead's private parts and if the person who does the bathing looks at it a sin is committed but the bath will not be void. #564. When a part of the dead person's body is unclean it must be rinsed before bathing and it is a recommended caution that the entire body of the dead be clean before starting with the bath.

#565. The bath of the dead is like the bath of ejaculation and it is an obligatory caution that the dead body not be given a bath by dipping as long as a sequential bath is possible. And it is a recommended caution that in sequential bathing none of the three parts of the body be dipped into the water, rather that the water be poured over the body. #566. For a person who has died while menstruating or ejaculating no menstrual or ejaculatory bathing is necessary since the bathing of the dead is sufficient for them. #567. It is an obligatory caution that no remuneration be accepted for carrying out the bathing of the dead. But accepting payment for the preliminary work for the bathing is not unlawful.

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#568. When no water is found or the use of water involves obstacles the dead body must be earth-rubbed in lieu of each bath.[see #700] #569. The person who earth-rubs the dead must put the dead person's hand on the ground and then rub them the dead's face and to the back of his hands and earth-rubbing the body by someone else's hand is marred with difficulty when it is possible to do as above. PRECEPTS OF SHROUDING THE DEAD #570. A dead Moslem must be shrouded with three pieces of cloth which are referred to as waistcloth, shirt and overall. #571. The waistcloth must cover the body from the navel down to the knees and it is better if it covers the body from the chest down to the feet. As an obligatory caution the shirt must cover the body from all sides from the shoulders down to the upper half of the shins. The length of the overall must be such that it would be possible to close it from both ends and its breadth must allow its one side to overlap the other. #572. That portion of the waistcloth which covers the navel to the knees and the portion of the shirt covering the shoulders to the upper half of the shins are obligatory amounts and any more than these, mentioned in the previous problem, are the recommended measure of the shroud. #573. When the inheritants are adults and permit the amount in excess of the obligatory measure of the shroud, mentioned in the previous problem, be defrayed from t~eir shares the matter is of no concern. And it is an obligatory caution that there would be no defrayal from the share of any minor inheritant, in excess of the obligatory and cautionary measure of the shroud. #574. When a person has willed that the recommended amount of the shroud, mentioned in the previous two problems, be deducted from a third of his assets and if he has willed that a third of his possessions be spent for him without determining the purpose, or with only a partial determination of use, they can deduct the recommended amount of the shroud from the third of his assets. #575. When a dead person has not willed that the shroud be defrayed from a third of his assets they can deduct from his original asset a customary amount, consistent with the dead's dignity; for the shroud and other obligatories of the burial. #576. A wife's shroud is upon the husband even if she has assets of her -76-

own. Similarly when a woman, as it will be mentioned in the book of divorce, is divorced in a repealable manner and she dies while in her religious waiting period her husband must pay for her shroud. And if the husband is not yet an adult or is insane the husband's guardian must pay for the wife's shroud from his assets. #577. A dead person's shroud is not obligatory upon his relatives even if his expense was obligatory upon them while living. #578. It is an obligatory caution that each of the three pieces of the shroud not be so thin that the dead's body be apparent underneath it. #579. To shroud with an usurped thing even when nothing else is around is not lawful and if the dead person's shroud is extortive and the owner is discontented it must be removed from his body even if he is already buried and it is an obligatory caution not to shroud him with the skin of a corpse. #580. To shroud the dead with an unclean thing or with a cloth of pure silk is not acceptable (Jayez). But it is of no concern when forced by necessity. Similarly, it is an obligatory caution not to shroud the dead with a gold-woven cloth unless forced by helplessness #581. Under voluntary conditions it is not acceptable to shroud the dead with clothes made from wool or the hair of animals whose flesh are unlawful [to eat]. But when the skin of an animal whose flesh is lawful is made such to be referred to as a dress one can shroud the dead with it. Similarly, there is no concern when a shroud is made out of the hair and wool of an animal whose flesh is lawful although it is a recommended caution not to shroud with the latter two [things] either. #582. When the dead's shroud becomes soiled by his own unclean or with that of someone else's the unclean part must be washed or cut off in case the shroud will not be damaged. But if it is put inside the grave it is better to cut it off and this becomes obligatory if to bring out the dead is an insult to him. And if its washing or cutting is not possible the shroud must be changed when possible. #583. When a person who is garbed for Haj or Omra dies he must be shrouded like the others and covering his head and face is of no concern. #584. It is recommended that one provides himself with a shroud and lotus and camphor while healthy.

PRECEPTS OF CAMPHORATING (Hannot) #585. Following the bath it is obligatory to camphorate the dead, that

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is to smear his forehead, palms, knees and the tip of the big toes with camphor. And it is recommended that the tip of the nose also be smeared with camphor and the camphor must be ground and fresh. And if as a result of staleness its smell has vanished, it is not sufficient. #586.It is a recommended caution that the camphor be smeared first on the dead's forehead but no order is necessary for the rest of the places. #587. It is better that camphorating be done before shrouding although it is of no concern if it is done during the shrouding or after it. #588. When one who is garbed for Haj dies before running the distance between Safa and Marveh it is not acceptable to camphorate him. Similarly, if one dies before shortening his hair while garbed for Omreh he must not be camphorated. #589. When a woman whose husband has died, and whose religious waiting period is not over dies, her camphorating is obligatory even though it is unlawful for her to scent herself to smell pleasantly. #590. It is abominable to scent a dead body with musk, ambergris, aloewood or other fragrants or to mix these with the camphor for camphorating. #591. It is recommended that the·camphor be mixed with a little of the earth from the grave of Imam Housain, salutation to him, but that camphor must not reach places which would be disrespectful and the amount of the earth must not be such that the mixture would not be called camphor. #592. When there is . not enough camphor for bathing and camphorating it is an obligatory caution to give the bath the priority and when there is not enough for all of the seven members the forehead receives priority. #593. It is recommended that two pieces of wet and fresh wood be placed with the dead in the grave.

PRECEPTS OF THE PRAYER OF THE DEAD #594. It is obligatory to lay a prayer for a dead Moslem, be it a child, however, either both the father and the mother or one of them must be a Moslem and the child must have finished six years of age. #595. The prayer of the dead must be said after he is bathed, camphorated and shrouded and if laid before these are done or in between these it is not sufficient even if done because of forgetting the issue or because of lack of knowledge. -78-

#596. It is not necessary for the person who wants to lay the prayer to have practiced ablution or bathing or earth-rubbing or to have a clean body or clothing and there is no concern if his clothing is extortive even though it is a recommended caution that all those things that are necessary for other prayers be observed here as well. #597. The person who lays the prayer for the dead must face the kiblah and it is obligatory that the dead be placed on his back in front of him such that his head is to the right and his feet are to the left of the person who lays the prayer. #598. The place of the person who lays the prayer must not be above or below that of the dead but a small elevation or depression is of no concern. #599. The prayer-layer must not be far from the dead but if the person is laying the dead's prayer in public then there is no concern if he is away from the dead as long as the rows are connected to one another.

#600. The prayer-layer must stand before the dead but when the prayer is laid in public and the rows extend to either side of the dead the prayer of those who are not facing the dead is without concern. #601. There must be no curtain or wall or similar things between the dead and the prayer-layer but there is no concern if the dead is in a coffin or the like.

#602. The private parts of the dead must be covered while praying and

if shrouding the dead is impossible his privates must be covered even if with a wood board or a brick or the like. #603. He must lay the dead's prayer while standing and with the solemn intention of closeness and during the declaration of intention he must identify the dead. For example, he solemnly intends that 'I pray upon this dead "seeking closeness to God".'

#604. When there is no one who can lay the dead's prayer while stand-

ing one can say the prayer to the dead while sitting.

#605. If the dead has willed that a particular person lay the prayer for him it is an obligatory caution that that person seeks permission of the dead's guardian and it is obligatory to the guardian to give permission.

#606. It is loathesome to lay the prayer of the dead several times but if

the dead is of those of [religious] science and piety, it is not loathesome.

IKIJ7. When a dead is buried without a prayer whether on purpose or by mistake or due to an excuse, or when after the burial it becomes known that the prayer laid for him was void it is obligatory that, as long

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as the body is not decomposed, a prayer be laid at his grave, observing those conditions mentioned for the prayer of the dead. DIRECTIONS OF THE PRAYER OF THE DEAD #608. The dead's prayer has five Magnifications and it is sufficient if the prayer-layer says five magnifications as follows: following the solemn intention and magnification he first says "I witness that there is no God but God and that Mohammed is His prophet." And after the second magnification he says "salutations of God to Mohammed and his family." And after the third magnification he says "God, forgive the faithful, men and women." And after the fourth magnification, and if the dead is a man, he says "God, forgive this dead man" and if the dead is a woman he says "God, forgive this dead woman." Then he says the fifth magnification. And after the first magnification is it better that he says "I witness that there is no God but God and that Mohammed was his servant and messenger, rightly appointed as a heralder and one who warns about the last day." And after the second magnification he says "salutations of God be to Mohammed and ·his family. God, salute Mohammed and his family as you did salute and bless and forgive Abraham and his family. Truly, You are praiseworthy and great. Salutations to all prophets and messengers and all martyrs and those who are close to You and to all servants of God who are pious." And after the third magnification he says "God, grant forgiveness to the faithful, men and women, and to the Moslems, men and women, and whether dead or living and connect us with them through acts of charity. Truly, you are the acceptor of benedictions and truly you can do everything.'' And after the fourth magnification, and if the dead is a man, he says "God, truly this man is your slave and son of your slave and your girl slave. He has come near you and you are the best resting place. 0 God, we know of him not other than good and You are more knowledgeable about him than we are. 0 God, be exceedingly merciful to him if he was a good person, overlook and forgive him if he was a bad person. God, place him near You at the highest story of heaven and forever be a vicar to his family. And grant him mercy by Your forgiveness, 0 that who is the most merciful of the mercifuls." And then he says the fifth magnification. But if the dead is a woman, and after the fourth magnification he says "God, truly this woman is Your girl slave and daughter of Your slave and Your girl slave. She has come near You and You are the best resting place. 0 God, we know of her not other than good and You are more

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knowledgeable about her than we are. 0 God, be exceedingly merciful to her if she was a good person. Overlook and forgive her if she was a bad person. God, place her near You at the highest story of heaven and forever be a vicar to her family. And grant her mercy by Your forgiveness, 0 that who is the most merciful of the mercifuls."

#609. He must say the magnifications and the benedictions one after

another such that the prayer does not get out of its form.

#610. The person who lays the dead's prayer in public must also say its

magnifications and benedictions.

mE DESIRABLES FOR mE PRAYER OF mE DEAD

#611. Several things are recommended in the prayer of the dead. First,

that the person who lays the dead's prayer has possession of ablution or bathing or earth-rubbing and it is a recomm~nded caution that he practices earth-rubbing only when ablution and bathing is impossible or when he fears that in case of practicing ablution or. bathing he could miss the dead's prayer. Second, if the dead person is a man the imam of public [the prayer leader], or the person who lays the prayer for him privately, must stand in front of the dead facing the middle of the dead person and if the dead is a woman the latter stands in front of her chest. Third, he must lay the prayer barefooted. Fourth, he raises the hands with each magnification. Fifth, his distance to the dead be so small that if the wind moves his clothes they would touch the body. Sixth, he lays the prayer in public. Seventh, the imam of public reads the magnifications and benedictions aloud, and those accompanying him in prayer read them quietly. Eighth, in public, the followers stand behind the imam even if there is only one of them. Ninth, the person who lays the prayer sends a lot of blessings to the dead and to the faithful. Tenth, before the prayer he says "Al-salat" three times. Eleventh, they lay the prayer in such a place where people go frequently for the dead's prayer. Twelfth, a menstruating woman who lays the dead's prayer in public stands alone in a separate row.

#612. It is loathesome to lay the dead's prayer in the mosques but not

so in the Mosque of Mecca.

PRECEPTS OF BURYING

#613. It is obligatory to bury the dead in the ground such that its smell does not come out and a beast cannot extract the body. And when there -81-

is fear that an animal may dig out the body the grave must be strengthened by bricks and the like. #614. When burying in the ground is not possible he may instead be put in a building or in a coffin. # 615. The dead must be laid into the grave on his right side such that he f~ce the kiblah. #616. When a person dies in·a ship one must, in case that the corpse does not decompose and his staying on the ship is of no concern, wait until one reaches the shore and bury bini in the grounds. If not, he must be bathed in the ship, camphorated and shrouded and after the dead's prayer be thrown into the sea with an object fastened to the feet or he must be put in a big jar, put the lid on and thrown into the sea. And if possible he must be thrown in a place where he will not be a prey to animals at once. #617. When there is fear that the enemy will break the grave and extract the body and cut his ears or nose or his other members he must, if possible, be thrown into the sea in a manner mentioned in the previous problem. #618. When necessary, the expenses incurred in throwing the dead into the sea or in strengthening the dead's grave must be deducted from his gross assets. #619. When an infidel woman dies with a dead child in her belly, she must, if the child's father is a Moslem, be laid into the grave on her left side with her back to the kiblah such that the child faces the kiblah. Further, the same order of actions stands even if the spirit has not yet entered the child's body. #620. Burying a Moslem in the graveyard of infidels and an infidel in the graveyard of Moslems is not acceptable. #621. Burying a Moslem where it is disrespectful, such as the place for garbage and dirt, is not acceptable. #622. The dead must not be buried in a usurped place, and it is not acceptable to bury the dead somewhere endowed for non-burials. And, in a mosque, it is not acceptable if it causes harm to Moslems or creates trouble for their prayers. Further, it is an obligatory caution not to bury in a mosque at all nor is it acceptable to bury in a ground like a mosque, that has been endowed for non-burial matters. #623. Burying the dead in another's grave is not acceptable if it causes exhumation. -82-

#624. Anything that separates from the dead, even hairs, nails and teeth must be buried with him, and if that entails exhumation it is cautionary to bury them separately. Burying nails and teeth which have separated while one is alive is recommended. #625. When a person dies in a well and it is not possible to bring him out the well must be closed and made into a grave for him and if the well belongs to a stranger he should somehow be made to consent. #626. When a child dies in its mother's womb and its staying there creates danger for the mother he must be removed in the easiest way. And there is no concern if they are forced to cut him into pieces. But he must be removed by her husband, if he is a professional, or by a woman who is a professional. And if not possible then by a professional man with whom marriage is prohibited and, if this too is not possible, then by a professional man who is a stranger. And in case that too can not be found then a person who is not professional can extract the child. #627. When the mother dies and the child is alive in her belly the latter must be brought out by those people mentioned in the previous problem even if there is no hope for the child's survival. The child must be removed from whatever side he can exit soundly and that side be sewn up again. But when the right or left side makes no difference to the health of the child it is an obligatory caution to extract him from the left side. mE DESIRABLES OF BURYING #628. It is good that, with the hope that it is desirable to the Creator, a grave be dug to the size of those of average height. And that the dead be buried in the closest graveyard unless the graveyard further away is better in some regard; for example, that good people are buried there or that people go there more frequently for the prayer of the inhabitants of the graves (Fatiha). And put down the corpse several meters away from the grave and bring it closer to the grave gradually in three separate attempts and put it on the ground and lift it up again in between those attempts, and then enter it into the grave on the fourth occasion. And if the dead is a man he is to be put on the ground on the third occasion such that his head is at the lower end of the grave and enters the grave head first on the fourth attempt. And if it is a woman she is to be put toward the kiblah on her back on the third attempt and entered into the grave breadth-wise while the grave is covered by a piece of cloth. And the corpse is to be taken out of the coffin and entered into the grave quietly and the prescribed benedictions be read before and during the burying and ties of

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the shroud be opened after the corpse is put into the grave, placing the dead's face on the earth and a pillow of earth build beneath the head. A piece of mud or a mud brick is placed against the back of the dead so that it does not turn over, and before covering the grave the right hand is put on the dead's right shoulder and the left hand is put firmly on the dead's left shoulder and the mouth is brought close to his ear and jolt him severely saying three time: "li~ten, understand so and so the son of so and so" putting the name of the dead and that of his father in place of "so and so." For example, if his name is Mohammed and his father's name is Ali one says three times: "Listen, understand 0 Mohammed, son of Ali," and then says: "Are you still on the promise on which you were when you left us, witnessing that there is no God but God who is one and without a partner and that Mohammed, salutations of God be to him and to his relatives, is His servant and His messenger and the master of prophets and the last of messengers. And that Ali was the king of the believers and master of successors and he was the Imam whose obedience was made incumbent by God upon those who live in the world. And that Hassan and Housein and Ali, son of Housein,. and Mohammed, son of Ali, and Jafar, son of Mohammed, and Mousa, son of Jafar, and Ali, son of Mousa, and Mohammed, son of Ali, and Ali, son of Mohammed, and Hassan, son of Ali, and the Still-Living One, Mahdi, the Leader (salutations of God to them all) are all Imams of the believers and the reasons of God for all men and they are your Imams who guided you to become a pious person, 0 son of so and so" (and instead of son of so and so he mentions the name of the dead and that of his father). And then says "When approached by the two Angels who are close to God and are sent by Him who is great and mighty and they ask from you about your God and your Prophet and your religion and your book and your kiblah and your Imams you must not fear nor be sad and in response to them say: Allah is my God and Mohammed, salutations of God to him and to his relatives, is my prophet, Islam is my religion and the Koran is my book and Kaaba is my kiblah and Ali, the king of the believers, is my Imam and Hassan, son of Ali (the chosen) is my Imam and Housein, son of Ali (martyr of Karbala), is my Imam and Ali, the ornament of the pious, is my Imam and Mohammed-Bagher is my Imam and Jafar-Sadegh is my Imam and Mousa-Kazem is my Imam and Ali-alReza is my Imam and Mohammed-al-Javad is my Imam and Ali-al-Hadi is my Imam and Hassan al-Askari is my Imam and the Hojjat, the Awaited, is my Imam, salutations of God be to them all. They are all my Imams and masters and Leaders and Intercessors. I befriend all of

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them and shun their enemies, both in this world and in the one to come. Then realize, 0 son of so and so,'' and instead of son of so and so he says the names of the dead and that of his father, "That God the Almighty and the Exalted is the best God, and that Mohammed, salutations of God be to him and to his family, is the best prophet and that Ali, son of Abu Taleb, and his innocent children, the 12 Imams, are the best Imams and that what came with Mohammed, salutations of God be to him and to his family, is the Truth and dying is the Truth and the questioning by Monkar and Nakir while in the grave is the Truth and Resurrection and Rousing are the Truths and the Bridge over which one must pass to Heaven is the Truth and the Heavenly Scale is the Truth and the disseminations of the Book, is the Truth and that Paradise is the Truth and Hell is the Truth and that there is no doubt in the coming hour (of reckoning) and that God will resurrect all those who are in graves." Then he says "Did you understand 0 so and so the son of so and so" and he says the name of the dead person and that of his father instead of "son of so and so." He then says "God established you with firm words and guided you to the straight path. God, with his mercy, aquainted you with those who are his friends and who are close to his blessings." He then says "God, make the earth at his sides hollow and elevate his soul and show him a proof of yours. 0 God, Your mercy, Your mercy."

#629. It is good, with the hope that it is desirable to the Creator, that the person who puts the dead in the grave has bare head and feet and comes out of the grave from the foot end of the grave and that those attending, other than the dead's relations, pour earth into the grave with the back of the hand saying "We are all from God and to Whom we shall return.'' When the dead is a woman she is put into the grave by a person who is her intimate and if there is no such person her relations will put her into the grave. #630. It is good, with the hope that it is desirable to the Creator, that the grave be built as a square or oblong and be elevated from the ground by four finger-breadths and a signal be put over it to prevent mistakes and water poured over the grave following which those who attend put their hand on the grave with their fmgers open and penetrate the earth and read the blessed sura "Enna anzalna" [sura 97] seven times, seeking forgiveness for the dead and reading the following benediction: "God, make the earth at his sides hollow and elevate his soul towards you and grant him a garden from Yourself and render his grave motionless by Your mercy since he shall not benefit from anyone other than Your mercy." -8S-

#631. It is recommended that following the return of those who escorted the corpse, the dead's guardian or whoever has the latter's permission inculcates the prescribed benedictions to the dead. #632. Following the burial it is recommended to wish good health to the bereaved but if sometime has passed such that well-wishing reminds them of the bereavement it is best to leave it. And it is recommended that food be sent to the dead person's house for three days and it is loathesome to eat food with them or at their house. #633. It is recommended that one be patient in the death of relatives especially that of a child and say "We are all from God and to Whom we shall return" when remembering the dead and to read the Koran for the dead and to seek wishes from God while at the graves of one's father and mother and to build the grave solidly such that it will not ruin soon. #634. Scratching one's face and body on the death of anyone and causing harm to oneself are not acceptable. #635. Ripping the collar is not acceptable except in the death of one's father and brother. #636. If a man rips his collar or clothing at the death of a wife or a child or if a woman scratches her face while lamenting the dead so that blood comes out, or if she plucks out her hair, they must free one slave or feed or clothe ten poors and when this is not possible they must fast for three days and it is an obligatory caution to act according to this directive even though no blood comes out. #637. It is an obligatory caution not to raise the voice too loudly while crying for the dead.

THE PRAYER OF FRIGHT #638. It is recommended that in the first night of burial one lays two units of the prayer of fright for the dead person and its direction is as follows. In the first unit, following the Praise (Hamd), the Ayat-al-korsi will be read once and in the second unit, following the Praise, the sura of Enna enzalna should be read ten times and following the prayer's salutation one says "0 God, salute to Mohammed and Mohammed's relatives and assign their rewards to the grave of so and so" and mention the name of the dead in place of "so and so." #639. The prayer of the first night of the burial can be laid at anytime during the night but it is better to be laid at the onset of night following the evening's prayer. -86-

#640. When they want to take the dead to a distant city or when for other reasons there is a delay in burying him the prayer of fright must be postponed until the first night after his burial.

EXHUMATION #641. Exhumation of a Moslem, that is ripping open the grave of a person, even if a child or an insane, is unlawful unless his body has dissipated and turned into earth and in that case it is of no concern. #642. Exhumation of the descendents of the Imams, the martyrs, religious scientists (ulema) and the good and pious is unlawful if they are places of pilgrimage, even if years have passed by. Further, it is an obligatory caution not to exhume those graves even if they are not places of pilgrimage. #643. Exhumation is not unlawful in several situations. First, when the dead is buried in usurped ground and the owner is not satisfied with its remaining there. Second, when the shroud or something else that was buried with the dead was extortive and its owner has not consented that it stays in the grave. Similarly, when something owned by the dead but now inherited by another is buried with the dead and the inheritant does not consent to the object's staying in the grave. But if he had willed that a benediction or a Koran or a ring be buried with him and the value of these does not exceed a third of his assets then his grave cannot be ripped open for the removal of these things. Third, when the dead was buried without a bath or a shroud or when it is learned that the bath was void or that he had been shrouded in a manner other than prescribed by religion or that he had not been placed in the grave with his face toward kiblah. Fourth, when in order to prove a right they want to see the dead's body. Fifth, when the dead was buried in a place disrespectful to him such as when he was buried in the graveyard of infidels or where people pour dirt and garbage. Sixth, when the exhumation is done for a religious matter which has a greater importance than the exhumation itself. For example, when they want to take out a living child from the belly of a buried pregnant woman. Seventh, when there is fear that a rapacious beast may tear the body or the enemy may dig it out. Eighth, when they want to bury a part of the dead's body which had not been buried with him, but it is an obligatory caution that that part of the body be placed in the grave such that the dead's body will not be seen.

THE RECOMMENDED BArnS #644. In the holy religion of Islam there are many recommended baths and the following are among those: -87-

1. The Friday bath. Its time is from the morning azan to noon and it is better to be practiced near noontime and if not done by noon it is better to be done by the evening without the solemn intention for due and compensatory. And if he does not bathe on Friday it is recommended to make up for it on Saturday from morning until sunset. And anyone who is afraid that he may not find water on Saturday can practice bathing on Thursday. Further, if he practices the bath, with the hope that it is desirable to the God of the Universe, on a Thursday night it is correct. It is recommended that one says the following while bathing: "I witness that there is no God but God who is One and without a partner and that Mohammed was His servant and His prophet. 0 God, send greetings and peace upon Mohammed and his relatives and place me as one of the repentants and among those who are clean." 2. Bath of the first night of the month of Ramazan [fasting] and all of the odd nights such as the third, fifth and seventh nights. However, it is recommended that one bathes every night from the night of the twentyfirst and there has been further recommendations for the baths on the first, fifteenth, seventeenth, nineteenth, twenty-first, twenty-third, twenty-fifth, twenty-seventh and the twenty-ninth nights. And the time for the bath of the nights for the month of Ramazan is the entire night. And it is better to practice at sunset but from the twenty-first night to the month's end the bath is better practiced between the prayers of sunset and that of the evening. Similarly, it is recommended that in the twentythird riight one practices bathing at night's end in addition to that of the night's start. 3. The bath of the festivity of Fitr and that of the Sacrifice. Their time is from the morning call to the sunset and they are better practiced before the festivity's prayer. And if performed between noon and sunset it is to be practiced with the intention of hope [sic]. 4. The bath of the night of Fitr festivity, the time for which is from the beginning of sunset to the morning call and it is better to be practiced at the beginning of the night.

S. The bath of the eighth and ninth of the month of Zilhajjah and in the ninth day it is better practiced close to noon. 6. Bath of the first, fifteenth, twenty-seventh and the last day of the month of Rajah. 7. Bath of the Ghadir festival and it is better to be practiced before noon. 8. Bath of the twenty-fourth day of the month of Zilhajjah. -88-

9. Bath of New Year's Day Festivity and the fifteenth of the month of Shaban and the ninth and seventeenth of the month of Rabi-ol-avval and the twenty-fifth day of the month of Zilghadeh. But the bath of the fifteenth day of Shaban and the other baths mentioned to the end of the problem are to be practiced [with] hope [sic]. 10. Bathing of a newly-born child. 11. Bathing of a woman who has used a pleasant scent for other than her husband. 12. Bath of a person who slept while drunk. 13. Bath of a person who has contaced a part of his body to the body of a dead person who had been bathed. 14. Bath of a person who intentionally did not lay the prayer of signs (Ayat) when there was an eclipse of the sun or the moon in case that there was a full eclipse of the sun and the moon. 15. Bath of a person who has gone to see a hanged person and has seen him; but if he has seen him by accident or has looked at him without choice or when he had gone there as a witness the bath is not recommended. #645.1t is recommended that one bathes before entering the sanctuary of Mecca, the city of Mecca, the Masjed-al-haram, Medina's sanctuary, the city of Medina, the Prophet's Mosque and the sanctuaries of the Imams, salutations to them all. And if one was to be honored several times in one day one bath is enough and for the person who wants to enter the sanctuary of Mecca, the Masjed-al-haram and the House of Kaaba in the same day it is enough to practice one bath while solemnly intending them all. Similarly, if he wants to enter the sanctuary of Medina and the city of Medina and the Mosque of the Prophet (Salutations of God be upon Him and His relatives) in one day one bath is sufficient for all of them. Bathing is recommended for pilgrimage to the Prophet and the Imam's from far away or close and for imploring the God of the World to supply one's wants as well as for atonement and happiness resulting from worship and for travelling especially one for pilgrimage to His Holiness, Master of Martyrs, salutation to him. And when he practices one of the baths mentioned in this problem and then commits an act which voids an ablution, such as sleeping, his bath becomes void and repeating the bath is recommended.

#646. One cannot practice an act which necessitates ablution, such as prayer, with a recommended bath. #647. When several baths are recommended for a person it is sufficient to do one bath, solemnly intending it for all of them.

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EARTH-RUBBING (tayammum) On seven occasions earth-rubbing must be done instead of ablution and bathing. First, when it is not possible to provide water enough for ablution or bathing.

#648. When one is in an inhabited location he must search for water for ablution and bathing up to a point at which he becomes hopeless of finding it; and when he is in a desert he must, if the ground is rolling or if passing through it is difficult because of trees or the like, walk in each of the four directions for a distance equal to that travelled by an old arrow which used to be thrown by a bow, searching for water•. And if the ground is not like that he must search on each side for a distance twice of that travelled by the arrow (*Majlessi, his grave be holy, in the book "sharh i man Ia yahzurhul-faghih" [a major book of shiite jurisprudence] bade the distance travelled by an arrow to be equal to 200 paces). #649. When some of the directions are even and some others are rolling or walking through them is difficult he must then seek water for a distance twice that travelled by throwing an arrow along the even side and equal to that travelled by an arrow in the direction which is otherwise. #650. Searching is not necessary in those directions along which he is certain that there is no water. #651. One for whom the time for prayer is not short and has time for providing water must go after water when he is certain of its existence at a distance beyond the limit he must search when there are no obstacles or difficulties in doing so. And if he suspects the existence of water it is not necessary to go to that place but when he is sure he must, as an obligatory caution, go there in order to get water. #652. It is not necessary that one goes searching for water himself. Thus, he can send someone whom he trusts his statement and in this case it is sufficient if one person goes on behalf of several others. #653. When he finds it likely that there is water in his travel pack or in the house or with the caravan he must search so to be certain that there is no water or to become hopeless of finding it. #654. When he searched before the time of prayer without finding water and stays there until the time of prayer it is not necessary to search for water once again. #655. When he searches after entering into prayer-time and does not find water, and stays in the same place until the time for the next prayer, no search is necessary.

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#656. If he fears a beast or if searching for water involves so much difficulty which is unbearable to him or the time remaining for prayer is so short that he cannot do any searching, then searching is not necessary, but if he can do some searching, that much of it is necessary. And if he fears for his life or property from a thief he must not go looking for water, but if the property whose loss he holds as likely would be of no concern to him because of his standing and if he has no other fears then the search for water is obligatory. #657. If he does not look for water until the time remaining for prayer becomes too short he has committed a sin, but his prayer by earthrubbing is correct. #658. When a person who is certain that he will not find water and thus lays his prayer with earth-rubbing, only to later realize that he would have found water had he looked for it, his prayer is void. #659. If he does not find water after a search and lays prayer with earth-rubbing and after the prayer he realizes that there had been water in the spot that he had searched his prayer is correct.

#660. When he possesses ablution after entering prayer-time and knows that if he voids his ablution he cannot practice ablution, he must not void his ablution if he can do so without harm or distress. The same holds if two just witnesses tell him that providing water will be impossible for him. Further, if he finds that likely, based on sound reasoning, it is an obligatory caution not to void his ablution. #661. When he possesses ablution before prayer-time and knows or finds it likely by reasoning or he is told by two just witnesses that in case of voiding his ablution it would be impossible for him to provide water, it is an obligatory caution not to void it if he can keep his ablution without harm or difficulty. #662. When a person who has enough water for ablution or bathing knows, or is told by two just witnesses, that if he throws away the water he will not find water then it is unlawful to throw away that water if the time for prayer has arrived. And it is an obligatory caution not to throw away the water even before the time for prayer. Further, whenever he finds it likely by reasoning that if he pours the water he will not find water anymore, it is an obligatory caution that he does not pour away the water even if it is before the time of prayer. #663. When a person knows or is told by two just (man] witnesses that he shall not find water he will have committed a sin if he voids his ablution

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or pours away the water that he has after entering prayer-time, but his prayer with earth-rubbing is correct even though it is a recommended caution to make up for it at a later time. The Second Occasion for Earth-Rubbing #664. When he has no access to water due to age or fear of thieves and animals and the like or because of lack of means to bring out water from a well he must earth-rub. The same holds if the provision of water or its use involves so much difficulty which is unbearable by people.

#665. When he has to buy or borrow a bucket or a rope in order to

bring out water from a well he must do so even if the price is several times more than the usual. The same holds if the water is sold at several times its price. But if to provide water means so much money which is harmful to his case, providing the water is not obligatory. #666. When he has no choice but to borrow in order to provide water he must do so, but if a person suspects or knows that he cannot pay his debt then borrowing is not obligatory. #667. If digging a well does not involve distress he must dig a well to get water.

#668. If a person offers him some water free of obligation he must accept it. The Third Occasion for Earth-Rubbing #669. When he fears for his life as a result of using water or he fears that the use of it brings disease or defect upon him or that it may prolong his disease or intensify it or that it may make it hard to treat he must earth-rub. But if warm water is not harmful to him he must practice ablution or bathing with warm water. #670. It is not necessary for him to be certain of the harmfulness of water, rather if he finds it likely to be harmful and if such likelihood is acceptable by people and he becomes fearful due to that likelihood he must practice earth-rubbing #671. A person who suffers of eye disease and water is harmful to him must earth-rub. #672. If he earth-rubs because of certainty or fear of harm and before the prayer finds out that water is not harmful to him his earth-rubbing is void and if he finds out after the prayer his prayer is correct. #673. When a person who knows that water is not harmful to him practices bathing or ablution and later finds out that water has been harmful to him his ablution and bathing are correct.

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The Fourth Occasion for Earth-Rubbing #674. He must practice earth-rubbing instead of ablution and bathing when he fears that if he uses water for ablution or bathing then he himself or his wife or his friend or those related to him such as a maid and a servant could die from thirst or become sick or become so thirsty that it is difficult to bear. Similarly, if he fears that an animal, such as a horse or a mule which is not usually beheaded for eating, may die from thirst he must give it the water and practice earth-rubbing even if the animal is not his; similarly, when a person whose life must be maintained obligatorily is thirsty to a degree that he will be wasted if one does not give him the water. #675. If in addition to clean water that he possesses for practicing ablution or bathing he also has unclean water amounting to that for his and his relatives' drinking he must leave the clean water for drinking and lay prayer with earth-rubbing. But if he wants the water for his animal he must give it the unclean water and practice ablution and bathing with the clean water. The Fifth Occasion for Earth-Rubbing #676. A person whose body or clothing is unclean and who has a little water which if used for ablution or bathing nothing will remain of it for rinsing his body or clothing must rinse the body or clothing and lay prayer with earth-rubbing. But if he has nothing to earth-rub with he must use the water for ablution or bathing and lay the prayer with an unclean body or unclean clothing. The Sixth Occasion for Earth-Rubbing #677. If he has no water or container other than that its use is unlawful, for example, when the water or its container is extortive and he has no other water and container besides those, he must earth-rub instead of ablution and bathing. The Seventh Occasion for Earth-Rubbing #678. When the time is so short that if he practices ablution or bathing the entire prayer or a part of it will be done beyond the time, he must earth-rub. #679. If he intentionally postpones the prayer until he no longer has time for ablution or bathing he has committed a sin but his prayer with earth-rubbing is correct, although it is a recommended caution to make up for that prayer.

#680. A person who doubts whether or not time remains for his prayer, in case of practicing ablution or bathing, must practice earth-rubbing. -93-

#681. If a person who has practiced earth-rubbing due to the shortness of time loses the water he possessed after praying he must repeat the earth-rubbing in case his duty is to earth-rub even though he may not have broken his earth-rubbing. #682. A person who has water but because of shortness of time engages in prayer with earth-rubbing can lay the subsequent prayers with that same earth-rubbing if his water was lost in between the prayer. #683. When one has enough time to practice ablution or bathing and laying the prayer, without its recommended acts such as those of eghameh and submission (ghonoot), he must bathe or practice ablution and lay the prayer without its recommended acts. Further, if he does not have time even for the sura he must bathe or practice ablution and lay the prayer without the sura.

miNGS WITH WHICH EARm-RUBBING IS CORRECT #684. Earth-rubbing is correct using earth, sand, dried mud and stone when these are clean. Similarly, it is correct using baked mud such as bricks and clay pots. #685. Earth-rubbing over chalk and lime and marl:fle and black stones and other kinds of stones is correct but earth-rubbing over jewels such as agate stone and turquoise is void and it is an obligatory caution not to practice earth-rubbing over baked chalk or baked lime, either. #686: When no earth and sand and dry mud and stone is found he must earth-rub over the .dust which is on carpets and clothing and the like. And if the dust is in the seams of clothing and carpets earth-rubbing with it is not correct unless he first touches it such that the surface is contaminated with dust and then earth-rub. And when there is no dust to be found he must earth-rub with mud and if there is no mud, either, it is a recommended caution to lay the prayer without earth-rubbing and to caution-wise makeup (compensate) for it later. #687. When he can provide earth by shaking the carpet and the like then earth-rubbing with dust is void and if he can dry up the mud, and make earth from it, earth-rubbing with mud is void. #688. A person who has no water but has snow or ice must melt these if possible and use them for ablution or bathing and when it is not possible and he has nothing with which he can earth-rub it is a recommended caution to lay the prayer without ablution or earth-rubbing and to makeup for it later on, as an obligatory caution. -94-

#689. When something like straw, with which earth-rubbing is void, is mixed with earth and sand he cannot earth-rub with that, but if that thing is so little so to be considered as lost in the earth or sand then earthrubbing with that earth or sand is correct. #690. When he has nothing to earth-rub with he must, if possible, provide it by buying or the like. #691. Earth-rubbing over a mud wall is correct and it is a recommended caution not to use wet earth of ground for earth-rubbing when there is dry ground or dry earth. #692. The object on which he practices earth-rubbing must be clean and if he has no clean thing on which earth-rubbing is correct the prayer is not obligatory for him but he must make up for it later on. #693. When he is certain earth-rubbing over something is correct and practices earth-rubbing only to realize earth-rubbing with that thing was void, he must repeat those prayers he laid with that earth-rubbing. #694. As an obligatory caution, things used for earth-rubbing must not be extortive.

#69S. Earth-rubbing in a usurped space is not void; thus, if he touches his hands to the ground of his own property but enters someone else's property without permission and then rubs his hand to the forehead his earth-rubbing will not become void. #696. If he does not know that the place of earth-rubbing is usurped, or if he has forgotten that, his earth-rubbing is correct even if the person who has forgotten is himself the usurper. #697. A person who is imprisoned in a usurped place must lay prayer with earth-rubbing if his water and earth are extortive. #698. It is recommended that the objects upon which he earth-rubs have dust such that it stays on the hand and it is recommended that the dust is shaken from the hand after touching the object with the hand. #699. Earth-rubbing on low ground and on the road's earth and on salty ground which is not covered by salt is loathesome and it is void if it is covered by salt.

DIRECI'IONS FOR EARTH-RUBBING lf700. There are four obligatory things in earth-rubbing. First, solemn intention. Second, hitting the palm of both hands simultaneously to something with which earth-rubbing is correct. Third, stroking the palms

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of both hands over the entire forehead and its two sides from where the hair of the head grows to the eyebrows and above the nose and it is an obligatory caution to rub the hands on the brows as well. Fourth, rubbing the entire back of the right hand with the palm of the left hand and then rubbing the entire back of the left hand with the palm of the right hand. #701. There is no difference between earth-rubbing in lieu of bathing and in lieu of ablution.

PRECEPTS OF EARm-RUBBING #702. When even a little of the forehead and the back of the hands are not rubbed the earth-rubbing is void whether on purpose or because of lack of knowledge of the problem or due to forgetting, but neither is it necessary to be very exact. It is enough to be said that the entire forehead and back of the hands were rubbed. #703. In order to be certain of rubbing the whole of the back of the hands he must rub from a part higher than the wrist but it is not necessary to rub between the fingers. #704. The forehead and the back of the hands must be rubbed from above down and the acts must be done one after another and if he waits for such a time between them that one would not say that he was earthrubbing, it is void. #705; When solemnly intending he must specify whether his earthrubbing is instead of a b~th or instead of ablution, and if it is in lieu of a bath he must specify which bath. And in case he mistakenly solemnly intends in lieu of bathing instead of in lieu of ablution or in lieu of ablution instead of in lieu of bathing or if, for example, for earth-rubbing in lieu of an ejaculatory bath he solemnly intends earth-rubbing in lieu of the bath of touching the dead, his earth-rubbing is void.

lf706. In earth-rubbing the forehead and the palms and the back of the hands must be clean and if the palm of the hand is unclean and he cannot rinse it he must practice the earth-rubbing with the same unclean palm of the hand. #707. One must remove the ring for earth-rubbing and if there is an obstacle in the forehead or the back of the hands or the palms of the hands, such as when something has stuck to them, they must be removed. #708. When there is a sore on the forehead or on the palms of the hands and he cannot remove the cloth or anything else that he has on it he must

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rub the hand over it. Similarly, if the palms of the hand have an ulcer and he cannot remove the cloth or anything else which is on it he must hit the hand with that cloth to the thing with which earth-rubbing is correct and rub it to the forehead and to the back of the hands. lf709. There is no difficulty when there is hair over the forehead and on the back of the hands but if the hair of the head is covering the forehead he must pull them back.

lf710. If he finds it likely that there is an obstacle on the forehead or in the palm of the hands or on the back of them he must, if his likelihood is well placed to people, search [for those] until he becomes certain or assured that there is no obstacle. lf711. If it is his duty to practice earth-rubbing but he cannot do it he must get a substitute and the person who becomes a substitute must earth-rub him with his hand and if it is not possible the substitute must hit his hand to something with which earth-rubbing is correct and rub it to his forehead and to the back of his hands. lf712. When after entering earth-rubbing he doubts whether or not he has forgotten the previous part he must not pay attention and his earthrubbing is correct. Similarly, if following the practice of each part he doubts whether or not he has done that correctly he must not pay attention and his earth-rubbing is correct. lf713. If after the rubbing of the left hand he doubts whether or not he has earth-rubbed correctly his earth-rubbing is correct. lf714. One whose duty is to earth-rub must not, as an obligatory caution, practice earth-rubbing for a prayer before the time of prayer. But if he earth-rubs for another obligatory or recommended act and his excuse will remain until the prayer-time he can lay the prayer with the same earth-rubbing. lf715. When a person whose duty is earth-rubbing knows that his excuse will remain until the end of the time, he can lay the prayer with earth-rubbing when the time is plenty. But if he knows that his excuse will be removed by the end of the time he must wait to lay the prayer with an ablution or bath, or he must lay the prayer with earth-rubbing when the time is short.

lf716. A person who cannot practice ablution or bathing can lay those prayers which he has missed with an earth-rub even if he finds it likely that his excuse may soon be removed. lf717. For a person who cannot practice ablution or bathing it is -97-

acceptable to lay the recommended prayers that have a known timing, such as the day and night supererogatories, with an earth-rub, even at the onset of the time. #718. When a person who must practice a cautionary splint bath and earth-rubbing, for example, there is a sore on his back, lays a prayer after the bath and earth-rubbing and then commits a lesser mishap, such as urination, he must practice ablution for the upcoming prayers. #719. When he practices earth-rubbing due to the unavailability of water or other excuses his earth-rubbing becomes void after the removal of the excuse. #720. Things that void an ablution also void an earth-rubbing done in lieu of an ablution and things that void a bath also void an earth-rubbing done in lieu of a bath. #721. A person who cannot practice a bath, in case that several baths become obligatory to him, must practice an earth-rub for each of those baths, as an obligatory caution. #722. When a person who cannot practice a bath wants to do an act for which bathing is obligatory he must earth-rub in lieu of a bath and if he cannot practice ablution and wants to do an act for which ablution is obligatory he must practice earth-rubbing in lieu of an ablution. #723. When he practices earth-rubbing in lieu of an ejaculatory bath,ablution for the prayer is not necessary; but if he practices earthrubbing in lieu of other baths he must practice ablution, and if he cannot do so he must practice another earth-rubbing in lieu of the ablution, too. #724. When be practices an earth-rubbing in lieu of a bath and then commits an act which voids an ablution he must, if be cannot bathe for the upcoming prayers, practice ablution and if be can practice ablution be must practice an earth-rubbing in lieu of the ablution. #725. When one whose duty is to practice an earth-rubbing in lieu. of an ablution and in lieu of a bath the two earth-rubbings are sufficient and no further earth-rubbing is necessary. #726. When a person whose duty is earth-rubbing practices the latter in order to do an act, be can do those acts which must be done with ablution or bathing as long as his earth-rubbing and his excuse persist. But if his excuse was shortness of time or in spite of having water he bas earthrubbed for the dead's prayer or for sleeping, he can only do the act for which be bas earth-rubbed. -98-

/f727. In several situations it is recommended that one repeats those prayers which were laid with earth-rubbing. First, when he had feared the water and had purposely ejaculated and had laid a prayer with earthrubbing. Second, when he had known or suspected that he will not find water and had purposely ejaculated and had laid a prayer with an earthrubbing. Third, when he purposely does not go looking for water until the end of the time and lays a prayer with earth-rubbing and then realizes that there would have been water had he looked for it. Fourth, when he purposely postpones a prayer and toward the end of time laid a prayer with earth-rubbing. Fifth, when he knew or suspected that water will not be found but poured out the water he had.

PRECEPTS OF PRAYER Prayer (nemaz) is the most important of religious practices which if it becomes accepted to the threshold of the God of the world other worships will become accepted as well and if it is not accepted other actions will not be accepted either. And just like if one washes himself five times in a river of water each day and night there will remain no dirt in his body, the five daily prayers, too, will cleanse humans from sins. And it is appropriate that one lay the prayer at the start of its time and a person who looks upon the prayer as lowly and light is like the person who does not lay any prayer. The most generous Prophet (God's salutations be upon Him and His relatives) bade: A person who does not heed prayer and takes it lightly deserves the torture of the Day of Judgement. One day His Holiness was in the mosque where he saw a man entering and engaging in prayer but did not practice the flexion and the prostration quite well. His Holiness bade that if this man departs the world, with his prayer such as this, he will not have died in my religion. Therefore, one must be careful not to lay the prayer in a hurry and fast and to remember God and be humble and lowly while at prayer and take notice as to whom he is talking to and to see himself as very lowly and as nothing compared to the greatness and loftiness of the God of the world. And if one takes notice of this matter while praying he will become unaware of himself as in the case of the King of the Faithful, salutation to him, who was not aware of the extraction of a dart from his blessed leg while he was praying; Similarly, the one who lays a prayer must repent and seek forgiveness and does not commit those sins, such as jealousy, pomp, backbiting, eating the unlawful, drinking alcoholic liquors, not giving khoms and alms; which prevent the acceptance of the prayer. Further, he

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must refrain from any sin. Similarly, it is appropriate that he does not practice those acts which diminish the reward of prayer. For example, he must not stand for prayer while sleepy or while holding back urine and he must not look at the sky while praying. In addition, he must practice those acts which enhance the reward of prayer. For example, he must wear an agate ring, wear clean clothing and comb and brush and scent himself pleasantly.

mE OBLIGATORY PRAYERS There are six obligatory prayers. First, the daily prayer. Second, the prayer of signs. Third, the prayer of the dead. Fourth, the prayer of the obligatory circumambulation of The House of Kaaba. Fifth, the compensatory prayer for the father and mother which is obligatory to the older son. Sixth, the prayer which becomes obligatory on account of renting, vowing, swearing and promising.

mE OBLIGATORY DAILY PRAYERS There are five obligatory daily prayers. Noon and afternoon each consisting of four units, the sunset with three units, the night with four units and the morning with two units. lf728. While on a journey one must lay the four-unit prayers as twounit prayers, with conditions to be arrived at later.

THE TIME FOR THE NOON AND AFI'ERNOON PRAYERS lf729. If a piece of wood or something like it is forced straight into smooth ground its shadow will fall in the west each morning with the sunrise and as the sun rises further the shadow will become less such that in our cities the shadow will be smallest at the religious noon. Then the shadow will turn to the east and the further the sun goes to the west the shadow will be increased. Therefore, religious noon• is evident when the shadow has reached its smallest degree and begins to increase once more. But in some cities, such as Mecca in which the shadow sometimes will be all but gone at noontime, it is after the reappearance of the shadow that noontime will have become evident. (*The religious noon, sometimes in the year, falls a few minutes before 12:00 and at other times it falls a few minutes after 12:00.)

lf730. The wood or anything else which is used in the determination of noontime is called an indicator. -100-

#731. The noon and afternoon prayers each have a proper and a common time. The proper time for noon prayer is from the beginning of noontime until the time that is needed for laying the noon prayer has passed. And the proper time for the afternoon prayer begins when there is still time to lay the afternoon prayer before the arrival of sunset. Thus, if a person has not laid his noon prayer by that time he has already missed noon prayer and must lay his afternoon prayer. And between the proper time for the noon prayer and the proper time for the afternoon prayer is the common time for the noon and afternoon prayers. And if a person mistakenly reads an afternoon prayer before the one for noon and realizes that after the prayer, his prayer is correct. #732. If by mistake he engages in the afternoon prayer before laying the noon prayer and recognizes the mistake while praying he must, if it is during the common time, change his solemn intention to that of the noon; that is, he solemnly declares 'whatever I have laid thus far and am now laying and will lay later on will all be a noon prayer,' and after finishing the prayer he lays the afternoon prayer. And if it is the proper time for the noon prayer he must change the solemn intention for that of the noon prayer, finish the prayer and then lay the afternoon prayer. And it is cautionary that he repeats the noon and afternoon prayers after he finishes the afternoon prayer and this caution is ver~ ~ood. #733. On Fridays [Islamic sabbath] one can, instead of the noon prayer, lay two units of the Friday prayer but it is a recommended caution that if he lays Friday prayer he also lays the noon prayer and this caution is very desirable. #734. It is an obligatory caution not to lay the Friday prayer any later than what is commonly referred to as the beginning of noontime; and if it is past noontime, he lays the noon prayer instead of the Friday prayer. THE TIME FOR THE SUNSET AND EVENING PRAYERS #735. Sunset is the time when the redness of the East, which is evident after the sun has set, has vanished. 11736. The prayers of sunset and evening each have proper and common time, the proper time for the sunset prayer is from the onset of sunset until the time needed for laying three units of prayer has passed. Thus, when a person is travelling, for example, and mistakenly lays all of the evening prayer at this time it is a recommended caution to repeat the evening prayer after the sunset prayer. And the proper time for evening prayer is when there is enough time for laying an evening prayer until -101-

midnight. Thus, if a person has not laid the sunset prayer until that time he must first lay the evening prayer and then the sunset prayer. And between the proper time for the sunset prayer and the proper time for the evening prayer is the common time for the sunset and evening prayers. Thus, if a person mistakenly, at this time, lays the evening prayer before the sunset prayer and realizes that after the prayer, his prayer is correct and he must lay the sunset prayer after that. lf737. The proper and the common times, whose meanings were mentioned in the previous problem, differ for individuals. For example, if it is past the onset of noontime by the time needed to lay two units of prayer the proper time for a traveller has passed and he enters the common time and for a non-traveller it must pass an amount equal to the time needed for laying four units of prayer. lf738. If one mistakenly engages in the evening prayer before he lays the sunset prayer and recognizes the mistake while praying, if all or part of what he has laid was done during the common time and he has not yet reached the flexion for the fourth unit, he must change his solemn intention for that of the sunset prayer, finish the prayer and then lay the evening prayer. But if all that he has laid was done in the proper time of the sunset prayer and he is reminded before the flexion of the fourth prayer, he must change his intention to the sunset prayer, finish the prayer and then lay the evening prayer. But it is a recommended caution that he repeats the sunset and evening prayers after the evening prayer and this caution is very good. lf739. The time for the evening prayer ends by midnight and it is an

obligatory caution that for the sunset and the evening prayers and the like one considers the night to be from the start of sunset to the morning call and for the night prayer and the like until the onset of the sun. • (*Therefore, the end of the time for the sunset and the evening prayers is approximately 11 ~ hours past the religious noon.) lf740. If due to sin or because of an excuse he does not lay the sunset or the evening prayers until· midnight it is an obligatory caution to lay it before the call for the morning without solemnly intending either an original and a repeat (a due and a compensatory).

THE TIME FOR MORNING PRAYER· lf741. Close to the morning azan there is, in the East, a whitening called the first dawn which moves upward. When that whitening spreads it is

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the second dawn and the beginning of the time for the morning prayer. The time for the morning prayer ends with sunrise.

PRECEPTS OF THE TIME FOR PRAYER lf742. One can engage in prayer when he is certain that the time for it has arrived or when two just men inform him of the time's arrival. lf743. A blind or the person incarcerated in prison or the like must, as an obligatory caution, not engage in prayer until they are certain of the time's arrival but if one, due to a cloud or dust or the like which prevent everybody from being certain, cannot become certain of the time's arrival from its start he can engage in the prayer if he suspects that the time must have arrived. lf744. If two just men bring the news of the time's arrival or if one himself becomes certain that the time for prayer has arrived and thus engages in the prayer only to realize while praying that the time is not yet reached, one's prayer is void. The same holds when after the prayer he realizes that he has laid the whole prayer before its time. But if he realizes the arrival of time during the prayer or if after the prayer realizes that the time had arrived while he was praying his prayer is correct. lf745. If one is not attentive that he must engage in prayer while certain of the time's arrival his prayer is correct when he realizes that he had laid the entire prayer on time, after the prayer. And if he realizes that he laid the whole prayer before its time or that the time arrived while he was praying, his prayer is void. lf746. If he engages in prayer with certainty of the time's arrival and while praying doubts whether or not the time has arrived his prayer is void. But if while praying he is certain of the time's arrival and doubts whether what he has laid thus far was or was not within the time his prayer is correct. lf747. When the time for prayer is so short that if some desirable acts are practiced a portion of the prayer will be laid beyond its time he must not do those desirables. For example, if due to laying submission (ghonoot) a part of the prayer will be delayed until after the time he must not say submission. lf748. If one has enough time for laying one unit of prayer he must lay the prayer with the solemn intention of a due (ada) but he must not postpone the prayer that far, on purpose. lf749. A non-traveller who has enough time until the sunset for laying

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five units of prayer must lay both the noon and the afternoon prayers. And if he has less time he must only lay the afternoon prayer and later make up for the noon prayer. And if he has enough time until midnight for laying five units of prayer he must lay the sunset and the evening prayers and if he has less time he must only lay the evening prayer and must lay the sunset prayer later. And he must not, as an o~ligatory caution, solemnely intend a dutiful performance and a compensatory (ada and ghaza). #750. A traveller who has time for laying three units of prayer until sunset must read the noon and the afternoon prayers and if he has less time he must only lay the afternoon prayer and make up for the noon prayer later. And if he has time enough for laying four units of prayer before it is midnight, he must lay the sunset and the evening prayers and if he has less time he must only lay the evening prayer and later lay the sunset prayer without the solemn intention of dutiful performance and of compensation. And if it becomes known that there is enough time for laying one unit or more of prayer before it is midnight he must immediatley lay the sunset prayer, with the solemn intention for dutiful performance. #751. It is recommended that one lays a prayer at the start of its time and this matter has been emphasized profusely and the closer it is to the start of the time the better it is unless a delay is better in some other respect~ such as when he waits to lay the prayer with the public. #752. When one has an excuse such that if he wants to lay the prayer at the start of its time he is then forced to do so with, for example, an earthrub or with unclean clothing he can, if he knows or finds it likely that his excuse will persist until the end of the time, lay the prayer at the start of the time. But if, for example, his clothing is unclean or if he has some other excuse and finds it likely that his excuse will vanish he must, as an obligatory caution, wait until the excuse is removed, and in case the excuse is not removed lay the prayer at the end of the time. And it is not necessary to wait so long such that he can practice only the obligatory acts of the prayer. Thus, he can, if he has time for the prayer's desirables such as those of the azan and eghameh and submission, lay a prayer with its desirables with unclean clothing, as an example. #753. A person who does not know the problems of prayer and the doubtful matters and the errors and who finds it likely for one of these to occur while praying must postpone the prayer from its starting time in order to learn these things. But if he is certain of completing the prayer

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correctly he can engage with it from the start of the prayer-time. Thus, if there shall not arise any problem of which he does not know its direction his prayer is correct. And if there occurs a problem of which he does not know its rule he can act according to either side of the probabilities and complete the prayer. But he must enquire about the problem after the prayer so that he repeats it if his prayer was void. 1fT 54. If there is plenty of time for prayer and the creditor is asking for his money he must first pay his debt when possible and then lay the prayer. The same holds when there is another obligatory action which needs to be done immediately such as when he sees that the mosque is unclean. In that case he must first clean the mosque and then lay the prayer. And if he first lays the prayer he has committed a sin but his prayer is correct.

THE PRAYERS WHICH MUST BE LAID IN ORDER 1fT 55. One must lay the afternoon prayer after the noon prayer and the evening prayer after the sunset prayer and if he purposely lays the afternoon prayer before that of the noon and the evening prayer before that of the sunset, it is void.

lf156. If he engages in prayer with the solemn intention for a noon prayer and while praying remembers that he had laid the noon prayer he cannot switch his solemn intention to that of an afternoon prayer; thus,he must break the prayer and lay an afternoon prayer. The same holds for the sunset and evening prayers. 1fT57. If during the afternoon prayer a person becomes certain that he has not laid the noon prayer and changes his intention to that of the noon and enters the unit only to remember that he did lay the noon prayer, his prayer is void and he must lay the afternoon prayer. But if he remembers before entering the unit he must change his solemn intention to that of the afternoon and his prayer is correct.

lf158. If while practicing the afternoon prayer he doubts whether or not he has laid the noon prayer he must switch the solemn intention to that of the noon prayer. But if time is so short that by the end of the prayer the sunset will have arrived he must finish the prayer with the solemn intention for an afternoon prayer and there is no make-up for his noon prayer. lf159. When in the evening prayer and before the fourth unit a person doubts whether or not he has laid the sunset prayer he must, in case there

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is so little time left that after completing the prayer the midnight will have arrived, complete the prayer with the intention for the evening and, in case more time is available, he must switch the intention to that of the sunset prayer and finish a three-unit prayer and then lay the evening prayer. #760. When in the evening prayer and after reaching the flexion of the fourth unit a person doubts whether or not he has laid the sunset prayer he must finish the prayer and then lay the sunset prayer, but if this doubt arises in the proper time for the evening prayer it is not necessary to lay the sunset prayer. #761. When a person is repeating a prayer based on a caution and while at it he remembers that he has not laid the prayer which precedes that prayer he cannot switch the solemn intention toward that prayer. For example, when he is laying a cautionary afternoon prayer he cannot switch his intention to the noon prayer if he remembers that he has not laid the noon prayer. #762. Switching the solemn intention from a compensatory prayer to that which is due or from a recommended prayer to that which is obligatory is not acceptable. #763. When there is plenty of time for an obligatory prayer one can, while praying, switch his intention to that of a prayer which had been missed but such a switching of intention to a missed prayer should be one which is possible. For example, if he is engaged in the noon prayer he can only switch his intentiot:t to a missed morning prayer if he has not yet entered the third unit. THERECOMMENDEDPRA~

#764. The recommended prayers are many and they are called supererogatories and among the recommended prayers the day and night supererogatories have been more emphasized. These, with the exception of Fridays, consist of 34 units of which 8 units are supererogatory for noon, 8 units for afternoon, 4 units for sunset, 2 units for evening, 11 units for night and 2 units for the morning. And since the two units of the evening supererogatory must, as an obligatory caution, be laid while sitting it will count as one unit. But on Fridays four units will be added to the 16 units of the noon and afternoon's supererogatories. #765. Of the 11 unit supererogatory for the night, eight must be solemnly intended as the night's supererogatory, two units intended as

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intercessory prayer and one unit intended as an individual prayer. The complete instructions for the night's supererogatory has come in benediction books. #766. The supererogatory prayer may be laid while sitting but it is better to count two units of a sedentary supererogatory as one unit. For example, the person who wants to lay, while sitting, a noon's supererogatory which has eight units it is better to lay 16 units and if he wants to lay a sedentary individual prayer he should lay two one-unit prayers while sitting. lf767. The noon and the afternoon supererogatories must not be laid while travelling but the evening's supererogatory can be practiced with the solemn intention that perchance it is desirable. THE TIMING OF THE DAILY SUPEREROGATORIES lf768. The noon's supererogatory prayer is laid before the noon prayer and its time is from the beginning of noon until the length of the indicator's shadow reaches 217 of its afternoon's length; for example, if the length of the indicator is seven spans when the afternoon shadow reaches two spans, it is the end for the noon's supererogatory. lf769. The afternoon's supererogatory is laid before the afternoon prayer and its time is until the afternoon's shadow of the indicator reaches 417 of its size. And if he wants to lay the noon or the afternoon's supererogatories after their times it is better to lay the noon's supererogatory after the noon prayer and to lay the afternoon's supererogatory after the afternoon prayer. And, as an obligatory caution, he does not solemnly intend for a due and a compensatory.

lf770. The time for the sunset's supererogatory is from the time of finishing the sunset prayer until the western redness which appears in the sky after the sunset has vanished. lf771. The time for the evening's supererogatory is from the time of finishing the evening prayer until midnight and it is better to be read immediately following the evening prayer. lf772. The morning's supererogatory is laid before the morning prayer and its time begins when the time needed to lay 11 units of the night prayer has passed from midnight but it is cautionary that it not be laid before the first dawn unless it is laid immediately after the night's supererogatory, in which case there is no concern. lf773. The time for the night's supererogatory is from midnight until

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the morning's azan and it is better to be laid close to the morning's azan. #774. A traveller, and a person for whom laying the night's supererogatory after midnight is difficult, can lay that in the beginning of the night.

GHAFILEH #775. One of the recommended prayers is that of the ghafileh which is laid between the sunset and the evening prayers and its time is from after the sunset prayer until the western redness is gone and in the first unit, after the Praise one must, instead of the Sura, read the following verse: "And when Zolnoon left angrily thinking that we have no power over him and called in the darkness 'there is no God but Thee who is unblemished and truly I was among the oppressors' we accepted his call and delivered him from sorrow and that is how we deliver the believers." [sura 21:87] And in the second unit, after the Praise and in lieu of the Sura he reads the following verse "And with him are the Hidden keys which no one knows but God and He knows whatever happens on land and sea and no leaf will fall except with His knowledge and there is no seed in the darkness of earth nor anything fresh or withered, which is not in the true Book." [sura 6:59] And in submission he says "God, I swear You to the Hidden keys which no one knows other than You to send salutations to Mohammed and his relatives and to grant me such and such" and he mentions his requests in place of "such and such." And he then says "God, You are my benefactor and able to render my requests. You know my needs. Thus, in the name of Mohammed and his relatives I beseech You to grant me those."

PRECEPTS OF mE IUBLAH #776. The House of Kaaba which is located in the Great Mecca is the kiblah and prayers must be laid in front of it. But for a person who is far away it is sufficient if he stands such that it is said of him that he is praying facing the kiblah. And the same holds for other acts such as beheading animals which must be done facing the kiblah. #777. A person who lays an obligatory prayer while standing must stand such that it is said of him that he is facing the kiblah and it is not necessary for him to have the knees and feet facing the kiblah, too. #778. A person who must lay his prayer while sitting must, if he cannot sit in a usual manner and put the soles on the ground while sitting, have -108-

his face, chest and abdomen toward the kiblah and it is not necessary for him to have the shins toward the kiblah. #779. A person who cannot pray while sitting must, while praying, lie on his right side such that the front of his body faces the kiblah. And if that is not possible he must lie on the left side such to have the front of his body facing the kiblah and if that too is not possible he must lie on the back with his soles facing the kiblah. #780. A cautionary prayer and a forgotten prostration and witnessing must be practiced facing the kiblah and the same recommended caution applies in the case of a prostration due for an error. #781. A recommended prayer may be laid while walking or riding and when one lays a recommended prayer in these two states, facing the kiblah is not necessary. #782. A person who wants to lay a prayer must endeavor to find the kiblah until he becomes certain as to which side the kiblah is located. When reliable, he can act according to the statement of two just witnesses who testify by sensory signs or he can act according to the statement made by someone who knows the kiblah by scientific approach. And when none of these are possible he must act according to the suspicion which arises from the way the pulpit of the Moslem mosques or their graves are facing or by any other approach. It is sufficent to derive a suspicion as to the whereabouts of the kiblah even if it comes from the statement of an adulterer or an infidel who knows the kiblah by scientific principles. #783. A person who suspects the kiblah cannot act according to the suspicion if he finds a stronger suspicion. For example, if a guest has a hunch as to the kiblah through the statement of the houseowner but can find a stronger suspicion by other ways he must not act according to his statement. #784. If he has no means by which to find the kiblah or if in spite of his endeavors he has no inkling he must then, when there is a lot of time available, lay four prayers to four sides and if he does not have time for four he must lay prayers according to the time he has. For example, if he has time for laying one prayer he must lay one prayer in any direction he wishes and he must lay those prayers in such a manner that he becomes certain that one of them was toward the kiblah or that if he had deviated from the kiblah it has not reached the right or the left side of the kiblah. #785. If he suspects or becomes certain that the kiblah lies on one of

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the two sides he must lay the prayer on both sides but it is a recommended caution that in the case of suspicion he lays a prayer on each of the four sides. lf786. A person who must lay a prayer to each of the many sides must, if he wants to lay the noon and afternoon prayers or the sunset and evening prayers, preferably lay the first prayer towards as many sides as is obligatory and then begin with the second prayer. lf787. A person who has no certainty as to the kiblah must, if he wants to do something other than praying which must be done toward the kiblah, for example when he wants to behead an animal, act according to his suspicion and when suspecting is impossible it is correct in any direction that he does it. COVERING mE BODY FOR PRAYER

lf788. A man must cover his privates while praying even though he is not seen by anyone and it is better to cover from the umbilicus to the knees as well. lf789. A woman must cover all her body even the head and her hair while praying but covering the face by the amount washed in ablution and of the hand up to the wrists and of the feet up to the ankles is not necessary. But in order to be certain that she has covered the obligatory parts she must also cover a part of the surrounding of the face and somewhat further down than the wrists. lf790. When one is practicing a compensatory (make-up) for a forgot-

ten prostration or a forgotten witnessing and, similarly and as an obligatory caution, when practicing a prostration which is due because of an error he must cover himself like that for a prayer. lf791. If a person does not cover his privates on purpose while praying his prayer is void; further, even if it happens due to lack of knowledge of the problem he must, as an obligatory caution, repeat his prayer. lf792. If while praying he recognizes that his privates are apparent he must cover them and if covering the privates should take a lot of time it is an obligatory caution that he finishes the prayer and lay it again. But if after the prayer he realizes that his privates were exposed while praying, his prayer is correct. lf793. When his privates are covered while he is standing but they are possibly uncovered in other states, such as during flexion or prostration, -110-

his prayer is correct if he by some means covers his privates when they are exposed but it is a recommended caution that he does not lay a prayer with that clothing. #794. For prayer one can cover himself with grass and the leaves of trees but it is a recommended caution that he would not have anything else at hand when he covers himself with those. lf795. If he has nothing but mud to cover himself with while praying he can lay a prayer nude since mud is not a coverer. lf796. When he has nothing to cover himself with for the prayer he must, as an obligatory caution, postpone the prayer if he finds it likely that he may find something and if he does not find anything he must dutifully lay his prayer at the end of its time.

#797. A person who wants to lay a prayer but does not even have leaves of trees and grass in order to cover himself and does not find it likely to find something by the end of the prayer's time must, in case of being seen by a stranger, lay the prayer sitting down while covering the privates with his thighs. And if no one sees him he must lay the prayer standing while covering his front with the hand and in all cases he will do the flexion and the prostration by motioning and will bring the head down a little for the prostration.

THE CLOTHING OF A PRAYER-LAYER lf798. The clothing of a prayer-layer has six conditions. First, that it be clean. Second, that it be lawful. Third, that it not be a part of a corpse. Fourth, that it not be from an animal whose meat is unlawful. Fifth and sixth, that if the prayer-layer is a man his clothing would not be made of pure silk or gold-woven. Details of these will come in the forthcoming problems.

First Condition. (lf799.) The clothing of a prayer-layer must be clean and if a person purposefully lays a prayer with an unclean body or clothing his prayer is void. #800. When a person who does not know that a prayer laid with unclean body or clothing is void his prayer is void if laid with an unclean body or clothing.

#801. When due to ignorance of a problem he does not know that a certain unclean object is unclean, for example, if he does not know that the sweat of a camel that eats the unclean is unclean, and lays a prayer with that thing his prayer is void. -111-

#802. When he does not know that his body or clothing is unclean and realizes their uncleanliness after the prayer his prayer is correct but it is a recommended caution that he repeats that prayer if he has the time to do so. #803. If he forgets that his body or clothing is unclean and remembers that while praying or after the prayer he must repeat the prayer or, in case the time for it has passed, make up for the prayer. #804. When the body or clothing of a person, who is engaged in a prayer with plenty of time ahead, becomes unclean and he becomes cognizant of the fact before laying something of the prayer with the unclean or when he realizes that he has become unclean but doubts whether he has just become unclean or has been like that for sometime, he must rinse the body or clothing while praying or change the clothing if rinsing the body or clothing or changing the clothing does not disturb the prayer. Or if something else has covered his privates he must take off the clothing but if the situation is such that, in case of rinsing the body or clothing or of changing the clothing or of removing it, results in the disarrangement of the prayer and if removal of the clothing results in nudity he must break the prayer and lay the prayer with a clean body and clothing. #805. A person who is engaged in prayer with only a little time available and his clothing becomes unclean while praying and realizes the fact before laying any of the prayer with the unclean, or realizes that his clothing is unclean but doubts whether it became unclean just then or it was un.clean from before, must rinse the clothing or change it in case rinsing or changing or removal of the clothing does not disarrange the prayer and that he can take off his clothing. Or, he must take off his clothing and finish his prayer if his privates are covered by something else. But if nothing else is covering his privates, nor can he rinse or change the clothing, he must take off the clothing and finish the prayer according to the directions given for nudes. But if it is such that rinsing or changing the clothing will result in the disarrangement of the prayer and he cannot remove the clothing due to cold weather or the like he must finish the prayer in that state, and his prayer is correct. #806. When the body of a person who is engaged in prayer while short of time becomes unclean and he becomes cognizant of the fact before laying any part of the prayer with the unclean, or when he realizes that his body is unclean but doubts that it became unclean just then or that it has been unclean from before, he must, in case rinsing the body will not disarrange the prayer, rinse it and if it does disarrange the prayer he must finish the prayer in that state and his prayer is correct. -112-

#807. When a person who doubts the cleanliness of his body or clothing lays a prayer and then realizes that his body or clothing had been unclean his prayer is correct. #808. If he rinses clothing and becomes certain of its cleanliness and lays a prayer with it, but later realizes that it had not been cleaned, his prayer is correct. #809. When he sees blood on his body or clothing and is certain that it is not one of the unclean bloods, for example, if he becomes certain that it is fly's blood but after the prayer realizes that it was one of those bloods with which prayer was unacceptable, his prayer is correct. #810. When he is certain that the blood on his body or clothing is an unclean blood with which a prayer is correct, for example, when he is certain that it is the blood from a wound and an abscess, if he later on learns that the blood was of the kind with which a prayer is void his prayer is correct. #811. When a person forgets that a certain thing is unclean and his wet body or clothing reaches that object and he lays a prayer while oblivious but after which he remembers the fact his prayer is correct. But if his body reaches an object of which he did not remember its uncleanliness and then he bathes and lays a prayer without first rinsing his body, his bath and prayer are void. Similarly, if a part of the members of ablution, while wet, touches something the uncleanliness of which he had forgotten and he practices ablution and lays a prayer, with no previous rinsing his ablution and prayer are void. #812. When a person has only one set of clothing and his body and clothing become unclean and he has enough water to rinse one of these he must, if he can take off his clothing, rinse the body and practice the prayer according to the instructions given for those who are nude. And if because of cold or other excuses he cannot remove the clothing in case the uncleanliness of both are equal such as when both are urine or blood or when the uncleanliness of the body is more severe such as when it is due to urine which requires two rinsings, it is an obligatory caution to rinse the body. And when the uncleanliness of the clothing is more or is worse he may rinse either the body or the clothing that he wishes. #813. A person who has no clothing but the one which is unclean, and when the time is short or when he finds it unlikely to find clean clothing, must practice the prayer according to the directions given for those who are nude. -113-

#814. A person who possesses two sets of clothing, when he knows that one of them is unclean but he cannot rinse them and he does not know which one of these is unclean must, if he has time, lay the prayer with each of the two sets of clothing. For example, if he wants to lay a noon or afternoon prayer he must lay with each of them a noon and an afternoon prayer. But if the time is short he must act according to the instructions given for nudes and, as an obligatory caution, repeat that prayer with clean clothing. The Second Condition (#815.) The clothing of a prayer-layer must be lawful and when a person who knows that the use of usurped clothing is unlawful and nevertheless purposely lays a prayer in usurped clothing or in a suit in which somethings, such as strings or buttons, are extortive he must, as an obligatory caution, repeat that prayer with non-extortive clothing. #816. When a person knows that the use of usurped clothing is unlawful but does not know that it voids a prayer must, if he purposely lays a prayer with usurped clothing, repeat that prayer with non-usurped clothing, as an obligatory caution. #817. When he does not know or has forgotten that his clothing is extortive and lays a prayer with it, his prayer is correct even if he himself has usurped that clothing. #818. When he does not know or forgets that his clothing is extortive and realizes that while praying he must, if his privates are covered by something else and· he can immediately and without disruption of the prayer's sequence remove the extortive clo~g, take it off and his prayer is correct. And if nothing else is covering his privates or he cannot swiftly remove the usurped clothing or if he does the arrangement of the prayer is marred he must break the prayer even if he has time only for one unit and lay the prayer with nonusurped clothing. And if he does not have this much time he must take off his clothing while praying and finish the prayer according to the instructions given for those praying while nude. #819. If a person lays a prayer with usurped clothing for protection of his life or when he lays a prayer with it in order to forestall its being taken away by a thief his prayer is correct. #820. Laying prayers in clothing bought with money of which one has not paid Khoms and Zakat [Religious Taxes] is void and, as an obligatory caution, the same applies to a purchase on credit when his intention at the time of the transaction is to pay for it by money of which he has not paid Khoms and Zakat (Fifth and alms). -114-

The Third Condition (#821.) The clothing of the prayer-layer must not be from the parts of a dead animal which has spurting blood, that is the animal whose blood will squirt upon cutting a vessel. Further, it is an obligatory caution not to lay a prayer with clothing prepared from a dead animal such as a fish and a snake who does not have spurting blood. #822. As an obligatory caution there must be nothing from a corpse, such as its flesh and skin, with the prayer-layer even though it may not be his own clothing. #823. When there is with the prayer-layer something without soul, such as hair and wool, from a corpse whose meat is lawful or when he lays a prayer with clothing prepared from those his prayer. is correct. The Fourth Condition (#824.) The clothing of a prayer-layer must not be from an animal whose meat is unlawful and if there is even a hair of those with the prayer-layer his prayer is void. #825. When there is mouth or nose water or other moistures of animals whose meat are unlawful, such as cats, on the body or clothing of a prayer-layer his prayer is void if it is wet and it is correct if it has dried and its substance has been removed. #826. There is no concern when there is hair and sweat and saliva of a person on the body or clothing of a prayer-layer. The same holds when he carries pearls, wax and honey. #827. There is no obstacle in laying a prayer with clothing of which he is in doubt as to whether it is from an animal whose meat is lawful or unlawful, irrespective of whether prepared inside [the country] or outside. #828. When a person finds it likely that a mother of pearl button and the like is from an animal there is no obstacle in laying a prayer with that. And if he knows it to be from mother of pearl and finds it likely that it does not contain any flesh there is no obstacle in laying a prayer with it. #829. There is no concern in laying a prayer with the skin of squirrels and with fur. #830. If he lays a prayer with clothing of which he does not know that it is from an animal whose meat is unlawful his prayer is correct. But if he has forgotten he must, as an obligatory caution, repeat that prayer. The Fifth Condition (#831.) Dressing with gold-woven cloth is unlawful for men and a prayer with it is void, but there is no concern for a woman either for prayer or otherwise. #832. Ornamentation with gold such as hanging a gold chain to the

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chest and wearing a gold ring on the hands and fastening a gold wristwatch is unlawful for men and laying a prayer with those is void and it is also an obligatory caution not to use a gold pair of glasses. But there is no concern in ornamentation with gold for women, in prayer or otherwise. #833. When a man does not know or forgets that his ring or clothing is from gold and lays a prayer with those his prayer is correct. #834. It must be that the clothing of a man who lays a prayer, even his skull-cap and drawer-rope, is not from pure silk and wearing these for occasions other than prayer is again unlawful for men.

#83S. When the lining of the entire clothing or the lining of part of it is from pure silk, wearing that clothing is unlawful for men and praying in it is void. #836. When he does not know whether clothing is made of pure silk or something else there is no concern in wearing it and a prayer with it is correct. #837. There is no concern over the presence of a silk handkerchief in a man's pocket and it does not void a prayer. #838. There is no concern for women wearing dresses made out of silk, in prayer and in non-prayer [situations]. #839. When there is no choice there is no concern in wearing usurped, pure silk, and gold-woven clothing and clothing made out of a corpse. Similarly, a person who has no choice but to wear something and who has no clothing other than those mentioned and his encumbrance will not be removed by the end of the time can lay a prayer with those clothing. #840. When he has no clothing other than that which is usurped or is made out of a corpse but he is not forced to wear something he must lay a prayer according to the instructions given for those who are nude. #841. When he has no clothing except that which is made out Of an animal whose meat is unlawful he can, if he has to wear something, lay a prayer with that clothing and if he is not forced he must practice the prayer according to the directions given for nudes and, as an obligatory caution, lay another prayer with that clothing as well. #842. When a man has no other clothing but that made of pure silk or that which is gold-woven he must, if not forced to wear something, lay a prayer according to the directions given for those who are nude. #843. When he has nothing to cover his privates while praying it is obligatory for him to provide something even if by renting or by buying. -116-

But when providing it means so much money that is too high for his assets or if the situation is such that spending money for clothing is harmful to him he must lay a prayer according to the instructions given for those who are nude. #844. When a person who has· no clothing is donated or loaned clothing by someone else he must accept it if to do so does not cause him any suffering. Further, if borrowing or seeking mercy is not hard for him he must ask from a person who has clothing for mercy or for a loan. #845. As an obligatory caution, one must refrain from wearing ostentatious clothing the material or the color or the tailoring of which is not customary for the person who wears it. But if he lays a prayer with that clothing it is of no concern. #846. It is an obligatory caution that a man does not wear a woman's clothing and a woman does not wear a man's clothing, but if one lays a prayer in that it is of no concern. #847. A person who must lay a prayer lying down must, if bare and if his quilt or mattress is unclean or made out of pure silk or from parts of an animal with unlawful meat, not cover himself with those in the case of prayer, as an obligatory caution. INSTANCES IN WHICH CLEANLINESS OF BODY AND CLOTHING OF A PRAYER-LAYER IS NOT NECESSARY #848. In three situations, to be detailed later, one's prayer is correct ifthe body or the clothing of the prayer-layer is unclean. First, when due to a sore or a cut or an abscess in his body his clothing or his body has been contaminated with blood. Second, when his body or clothing is contaminated with blood to an amount less than that of a derham (which is approximately the size of a gold coin). Third, when he is forced to lay a prayer with unclean body or clothing. And in two situations when only a prayer-layer's clothing is unclean his prayer is correct. First, when his small clothing such as socks and headcap is unclean. Second, when the clothing of a woman who nurses a baby has become unclean. The precepts of these five situations will be detailed later in the upcoming problems. #849. When there is blood from a wound or a cut or an abscess in the body of a prayer-layer he can, in case there is hardship in rinsing the body or clothing or in changing the clothing for most people in general or for him in particular, lay a prayer with that blood as long as the wound or cut or abscess has not healed. The same holds when the pus which has

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exited with blood, or the medicine which was applied to the wound and has become unclean, remains in his body or clothing. #850. When there is blood from a cut or a wound, which will soon heal and which can be washed with ease, in the body or clothing of a prayerlayer his prayer is void. #851. It is not acceptable to lay prayer with a body or clothing of which a part that is distant from the wound has become unclean with the sore's moisture. But when an amount of body or clothing which usually gets contaminated with the cut's moisture becomes unclean with its moisture, there is no obstacle in laying a prayer with it. #852. When blood reaches the body or clothing from an ulcer within the mouth or nose or the like it is an obligatory caution not to lay a prayer with it. But one can lay a prayer with the blood from hemorrhoids even though its seeds be located within. #853. When a person who has an ulcer on his body sees blood on his body or clothing and does not know it to be from the ulcer or some other blood, there is no concern in laying a prayer with it. #854. When there are several wounds in the body so close to one another that they are counted as one wound there is no concern in laying prayer with their blood as long as all of them are not healed. But when they are far enough apart that each is counted as a wound he must, for prayer, rinse the body and clothing from its blood as each one of them heals. #855. If there is menstrual blood amounting to the head of a needle in the body or clothing of a prayer-layer her prayer is void and, as an obligatory caution, there must be no blood in the body or clothing of a prayer-layer from the blood of childbirth, undue bleeding, dog and pig's blood and that of an infidel, corpse and an animal whose meat is unlawful. But there is no concern in laying a prayer with other bloods such as that of human or of an animal whose meat is lawful, even though they may be located in several spots of the body or clothing, as long as the total amount is less than the size of a derham. #856.Biood which pours on clothing which has no lining and reaches the back side of the material is counted as the same blood but if the back becomes blood-tinged separately each side must, as an obligatory caution, be counted separately. Therefore, if the blood located on the front and the back of a clothing is less than one derham in total prayer with it is correct, and if it is more than that prayer with it is void. #857. When blood pours over clothing which has lining and reaches

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the lining or when it pours over the lining and the front of the clothing becomes bloody each must be counted separately. Therefore, if the blood over the clothing and over its lining are less than one derham prayer with it is correct, and if it is more prayer with it is void. #858. When the blood of body or clothing is less than a derham and moisture reaches it, praying with it is void if the blood and the moisture reaching it amounts to or exceeds one derham and the border is contaminated. Further, even if the moisture and blood is less than a derham and the surrounding is. not contaminated there is concern in laying a prayer wlth it. But if the moisture mixes with the blood and vanishes the prayer is correct, else it is void as an obligatory caution. #859. If the body or clothing does not become bloody but becomes unclean as a result of reaching blood one cannot lay a prayer with it even though the unclean portion is less than one derham. #860. When the blood which is on the body or clothing is less than one derham and some other unclean reaches it, for example, a drop of urine falls on it, .praying with it is not acceptable. #861. When the small clothing of the prayer-layer, such as skull-cap and socks, which cannot be used for covering the privates, become unclean praying with them is correct if they are not from a corpse and an animal whose meat is unlawful: Also, there is no concern if someone lays a prayer with an unclean ring. #862. It is cautionary that an unclean thing with which it is possible to cover the privates does not accompany a prayer-layer but in the case of a person who did not know this problem and, for example, has laid prayer in that manner for sometime it is not necessary to make up for those prayers. #863. A woman who does nursing care of children and who has no more than· one dress and rinses her clothing once in a day and night period can lay a prayer with that clothing even though her clothing becomes unclean by childrens' urine by the next day. But it is an obligatory caution that .she rinses her clothing once in a day and night period beginning with the prayer before wtllch her clothing had become unclean. Also, if she has more than one dress, but is forced to put them all on, it is sufficient to rinse them all once in a day and night period according to the above-mentioned instructions.

TIDNGS THAT ARE DESIRABLE IN mE CLOmiNG OF A PRAYER-LAYER #864. Several things are recommended in the clothing of the prayer-119-

layer and among those are; turban and a fold of the turban passed under the chin, wearing a cloak, white clothing and cleanest clothing and the use of pleasant scent and wearing an agate ring. THINGS THAT ARE LOATHESOME IN THE CLOTHING OF A PRAYER-LAYER #865. Several things are loathesome in the clothing of a prayer-layer and among those are: the wearing of black, dirty and tight clothing and the clothing of a wine-drinker and that of any who does not avoid the unclean and the clothing on which a face is depicted. Also, it is loathesome to have the buttons of the clothing open as is the wearing of a ring on which a face is depicted. mE PLACE OF mE PRAYER-LAYER The place of the prayer-layer has several conditions the first of which is that it be lawful. #866. The prayer of a person who lays a prayer on usurped property is void even if over a carpet or a bed or the like. However, there is no obstacle in praying under a usurped roof or a usurped tent. #867. Laying a prayer on property whose income is someone else's without the permission of the renter his prayer is void. The same holds for example, if a landlord or someone else lays a prayer in a rental house without. the permission of the renter his prayer is void. The same holds when one lays a prayer in property to which another has rights. For example, if a deceased has willed the third of his assets to be spent on something one cannot lay a prayer on his land before the third is separated. #868. When a person is sitting in a mosque and someone usurps his place and lays a prayer there, he must, as an obligatory caution, repeat his prayer in a different location. #869. When he lays a prayer in a place which he does not know to be usurped and finds out after the prayer or when he lays a prayer at a place its extortiveness he has forgotten and remembers that after the prayer, his prayer is correct. #870. If he knows that a place is extortive but does not know that laying prayer in a usurped place is void and lays a prayer there his prayer is void. #871. A person who has no choice but to lay a prayer while riding, his

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prayer is void if the animal on which he rides or its saddle is extortive. The same holds if he wants to lay a recommended prayer while riding.

#872. A person who shares property with another person cannot take charge of that property and lay a prayer on it without· the permission of his partner, when his share is not distinct (separate). #873. If he buys property with the money of which he has not paid the Khoms and the alms his seizure of that property is unlawful and prayer in it is void as well. The same holds when he buys it with credit and his intention at the time of buying is to pay fur it from an asset of which he has not paid the Khoms and the alms. #874. When a land owner gives permission for laying prayers but only by mouth, but one knows that at heart he is not satified, it is void to lay a prayer in his property. #875. Taking charge of the property of a dead person who owes Khoms or alms is unlawful and a prayer in it is void unless they pay his debts. #876. Taking charge of the property of a dead person who is in debt to

people is unlawful and prayer in it is void. But those small seizures which is usual for moving the dead is of no concern. Similarly, there is no concern in those seizures not involving the selling or destroying of assets if his indebtedness is less than his assets and the inheritants plan to pay his debts.

#877. If the dead has no debts but some of his heirs are minors or insane or absent; taking charge of his property is void but there is no concern in those small actions which are customary for picking up the dead. #878. Praying in a guest house, bath house and the like which are prepared for those who come in is of no concern and if there is no certainty of the owner's consent it is difficult. But in places other than these one can lay a prayer only when its owner gives permission and says something which indicates his permission for praying. For example, when he permits a person to sit and sleep in his land, from which one concludes that he has also given permission for praying. #879. Laying a prayer, sitting and sleeping on.a big land, which is a

pasture for animals, far away from the village, is of no concern even if the owners are not satisfied. Similarly, there is no concern in pr3ying, passing through or small seizures in those farming lands near the village which have no walls even if there are minors or insanes among the owners. But if one of the owners is not satisfied then any seizure in it is unlawful and prayer is void. -121-

The Second Condition (#880.) The place of the prayer-layer must be motionless and if due to shortness of time or others, he is forced to lay prayer in a moving place, such as an automobile and ship and train, he must not, to the degree possible, lay anything while on the move and must turn to the kiblah when they move away from the kiblah to other directions. #881. There is no obstacle in laying a prayer in automobiles, ships, trains and the like while they are not moving. #882. A prayer is void on top of a wheat or barley harvest since one cannot remain motionless. #883. There is no concern in starting a prayer with the hope of its completion in a place where, due to the likelihood of wind or rain or excess of people, there is no certainty in being able to finish the prayer, and the prayer is correct if he has not encountered an obstacle. One must not lay a prayer in a place in which it is unlawful to stay. For example, one must not lay a prayer under a roof that is about to fall but if one does so it is not void. Similarly, one must not lay a prayer on something on which it is unlawful to stand or to sit, such as a carpet on which the name of God is written, but if he lays it is correct. The Third Condition is that he does not lay a prayer in a place with the roof so low that he cannot stand upright or it is so small that there is no room for flexion and prostration. And if he has no choice but to lay a prayer in such a place he must, to the degree which is possible, practice standing, flexion and prostration. #884. One must observe courtesy and not lay a prayer with one's back to the graves of the Prophet and the Imams (salutations to them), and it is unlawful when laying a prayer is disrespectful but the prayer is not void. #885. When there is something like a wall between him and the holy grave while praying, such that there is no disrespectfulness, there is no concern but when only the noble chest or the railing and the cloth which covers it are between, it is not enough. The Fourth Condition is that if the place of the prayer-layer is unclean it would not be so wet that its wetness gets to his body or his clothing. But if the place where he puts the forehead on is unclean the prayer is void even when it is dry. And it is a recommended caution that the place of the prayer-layer not be unclean at all. #886. As a recommended caution, a woman must stand behind a man and the place of her prostration be located a little behind that of the man. -122-

#887. If a woman stands abreast or in front of the man and they enter into prayer together it is better that they repeat the prayer. #888. When there is a wall or curtain or something else between the man and woman their prayers are correct and repeating the prayer is not a recommended caution either. The Fifth Condition is that the place of the forehead of the prayerlayer is not above or below that of his knee by more than four closed finger breadths and it is an obligatory caution that the toes not be higher or lower by more than that amount, as well. #889. It is loathesome for a man and a woman who are strangers to be in a quiet place and it is intensely cautionary to refrain from it and it is cautionary not to lay a prayer there but if he does his prayer is not void. #890. Laying a prayer where they use tar [a musical instrument] and the like is not void but listening to them is unlawful. #891. It is loathesome to lay an obligatory prayer in the House of Kaaba and on its roof but there is no obstacle when there is no choice. #892. Laying a recommended prayer in the House of Kaaba and over its roof is of no concern; further, it is recommended to lay two units in front of each column within the house. PLACES WHERE LAYING A PRAYER IS DESIRABLE #893. In the holy religion of Islam much emphasis has been made to lay prayers in the mosque and the best mosque is the Masjed-el-haram and after that the Mosque of the Prophet, may God's salutations be to him and to his relatives, then the Mosque of Kufah and after that the Mosque of Jerusalem and then the public mosque of each city and then the mosque of the neighborhood and then the bazaar's mosque. #894. For women, laying prayer at home is better and better than that is in a closet and in the back room. But if they can shield themself completely from strangers then it is better to lay their prayers in a mosque. #895. Laying prayers in Imams' sanctuaries, salutations to them, is desirable and is better than that in the mosque and a prayer in the holy sanctuary of the King of the Faithfuls (Amir-el-momenin), salutations to him, is worth two hundred thousand prayers. #896. Frequent visits to a mosque and visiting a mosque that has no prayer-layers are recommended and it is loathesome for a neighbor of a mosque to lay prayer in places other than the mosque in the absence of an excuse. -123-

#897. It is recommended that one does not eat with a person who does not go to a mosque, as well as not to consult with him in affairs, not become his neighbor and neither take a woman [as a wife] from him nor giye him a woman [as a wife]. PLACES WHERE IT IS LOATHESOME TO LAY A PRAYER #898. It is loathesome to lay prayer in some places and among those are a bath house, a salt marsh, in front of a person, opposite an open door, in the road and street and the alley when it does not cause trouble to the passers-by and if it does cause trouble it is unlawful but the prayer is not void, in front of a fire and a light, in the kitchen and anywhere there is a fire, in front of a pothole or well which is used as a urinal, opposite the picture and sculpture of anything that possesses a soul unless it is covered by a . curtain, in a room wherein resides an ejaculator, anywhere in which there is a picture even though it may not be in front of the prayer-layer, in front of a grave, between two graves and in a graveyard. #899. It is recommended that a person who lays a prayer in a public pathway, or while there is another person in front of him, put something in front of himself and if that thing is a piece of wood or a rope it is enough. PRECEPTS OF mE MOSQUE

#900. It is unlawful to make unclean the ground, ceiling, roof, and the innerside of the wall of a mosque and whoever finds out that it has become unclean must immediately remove the unclean. And it is an obligatory caution that the outside of the mosque's wall would not be made unclean either and if it gets to be unclean the latter be removed from it unless the endower had not made it a part of the mosque. #901. If he cannot cleanse the mosque or if he needs help and cannot find it then cleaning the mosque is not obligatory for him but if it means disrespectfulness to the mosque he must, as an obligatory caution, inform a person who can clean it. #902. If a part of a mosque becomes unclean and to clean it would be impossible without digging or demolishing, it must be dug or, if it does not involve too much destruction, destroyed. And filling the dugout or building the destroyed segment is not obligatory. But if the one who made it unclean does the digging or destroying he must, if possible, fill it in and mend it.

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#903. If a mosque is usurped and a house or something like it is built instead of it such that it is no longer called a mosque then, as an obligatory caution, it is unlawful to make it unclean and it is obligatory to clean it.

#904. It is unlawful to make the sanctuaries of the Imam, salutations to them, unclean and if one of these becomes unclean it must be cleaned if it be disrespectful for that to remain unclean. Further, it is a recommended caution to clean it even if it is not disrespectful. #905. If the mosque's straw mat becomes unclean it must be rinsed, as an obligatory caution. But if it will be damaged by washing and to cut off the unclean part is preferable, then it must be cut off and if that is done by the person who made it unclean he must repair it.

#906. Taking to the mosque an unclean in substance such as blood, is unlawful if it would be disrespectful to the mosque. Similarly, carrying an object which has become unclean is unlawful if considered disrespectful to the mosque. #907. There is no concern in the mosque's being tented, carpeted and blackened for a rozeh [lamenting Imam Housain's martrydom] and in carrying inside the tea utensils provided that these acts do not harm the mosque nor that they prevent laying prayers. #908. As an obligatory caution a mosque must not be ornamented with gold nor must there be the faces of things that possess a soul such as human and animal pictured in the mosque and picturing things like flowers and shrubs who do not have a soul is loathesome.

#909. Even if the mosque is ruined it cannot be sold or be made part of a property or a road. #910. It is unlawful to sell the doors and windows and other things of the mosques and if a mosque is ruined these must be used in repairing the same mosque and if not usable for the latter they must be used in another mosque. But if they are of no use in another mosque either they can be sold and the money, when possible, be used for repairing that mosque, and if not, for repairing a different mosque. #911. The building of a mosque and repairing of one which is close to destruction is desirable and when a mosque is so destroyed that repair is impossible then it can be destroyed and rebuilt. Further, a mosque which has not been destroyed can be destroyed and built larger in case of need by the people. #912. Cleaning the mosque and lighting its lights are recommended -125-

and it is recommended that a person who wants to go to a mosque scent himself pleasantly and put on clean and expensive clothing and inspect the bottom of his shoes making certain they are not stuck with an unclean and enter the mosque first with the right foot and exit from it first with the left foot. Similarly, it is recommended that he comes to the mosque before all and leaves the mosque the latest. #913. It is recommended that upon entering the mosque one lays two units of prayer as a matter of salutation and respect to the mosque and if he lays another obligatory or recommended prayer it too is sufficient. #914. It is loathesome to sleep in a mosque if one does not h~We to, as is talking about worldly matters and engaging in an industry and reading a poem which is not advice or the like. Similarly, it is loathesome to throw saliva and nose-water and chest excretions in the mosque and to call for a lost person and to talk loudly but there is no obstacle in raising the voice for the call of the faithful (azan). #915. It is loathesome to allow a child or an insane into the mosque and it is loathesome for a person who has eaten onions and garlic and the like and whose breath is bothersome to people to go to the mosque. AZAN AND EGHAMEH #916. For a man and a woman it is recommended to say the azan and the eghameh before the daily prayers. But it is recommended to say "elsalat" three times before the prayer for the festivals of Fetr and Sacrifice and to say "el-salat" three times for other prayers, seeking hope. #917. It is recommended that on the first day a child is born or before the umbilical cord has fallen off one reads azan into the child's right ear and eghameh into his left ear. #918. Azan consists of 18 sentences: "God is Greater" four times, "I witness that there is no God but God and I witness that Mohammed is God's prophet", "hurry to prayer", "hurry to salvation", "hurry to do good", "God is Greater, there is no God but God" each said twice. Eghameh consists of 17 sentences; that is, two of the initial "God is Greater" and one of the last "there is no God but God" will be dropped and after saying "hurry to do good" one adds "indeed the prayer is established", twice. #919. "I witness that Ali is the God's guardian" is not a part of azan and eghameh but it is good to be said after "I witness that Mohammed is God's prophet," seeking closeness [to God]. -126-

TRANSLATION OF AZAN AND EGHAMEH* "God is Greater" means that God Almighty is greater than that to be described. "I witness that there is no God but God" means that I attest< that there is no God worthy of worship but the God which is one and unique. "I witness that Mohammed is God's prophet" means that I witness that His Holiness Mohammed, son of Abdullah, salutations of God be to Him and to His relatives, is God's prophet and messenger. "I witness that Ali, the King of the Faithful is God's Guardian" means that His Holiness Ali, salutations and greetings to him, is the King of the Faithful and God's Guardian for all people. "Hurry to prayer" means hurry to prayer. "Hurry to salvation" means hurry to salvation. "Hurry to do the best act" means hurry to do the best of acts which is that of prayer. "Indeed the prayer is established" means that indeed the prayer is established. "There is no God but God" means that there is no God worthy of worship but the God which is one and unique. (*Translator's note: sentences in quotation marks are Arabic to start.) #920. There must not be too much interval between the sentences of azan and eghameh and if he puts more than the usual spacing between them he must begin that anew. #921. If in azan and eghameh he puts the sounds into the throat such that it becomes music, that is if he says the azan and eghameh in a manner of singing which is usual in pastime and amusement parties it is unlawful and if it does not become music it is loathesome. #922. In five prayers the azan can be dropped. First, Friday's afternoon prayer. Second, the afternoon prayer of the day of Arafah which falls on the ninth of Zel-hajjah. Third, the evening prayer of the night bef~re the festival of Sacrifice for the person who is in Mosh-ar-alharam. Fourth, the afternoon and evening prayers of a woman with undue bleeding. Fifth, the afternoon and evening prayers of a person who cannot control the exit of his urine and stool. And in these five prayers the azan will be dropped when there is no space between them and the previous prayer or when there is a little space but there is no harm when a supererogatory or a follow-up prayer falls in between. #923. When an azan and eghameh has been said for a public prayer then the person who lays a prayer with that crowd must not say his own azan and eghameh. #924. When he goes to a mosque in order to lay a public prayer but sees that the prayer is finished he cannot, until the rows are dispersed and -127-

the crowd dissipated, say azan and eghameh for his own prayer in case the azan and eghameh had already been said for that public prayer.

#92S. A person who wants to lay a prayer, singly or with an upcoming public, at a place where a group are engaged in public prayer or when their prayer has just finished but the rows are not yet disturbed, can drop the azan and eghaineh under three conditions. First, when azan and eghameh has been said for that prayer. Second, that the public prayer is not void. Third, that his prayer and the public one occur in the same place. Therefore, if the public prayer is within the mosque and he wants to lay a prayer on the roof of the mosque, azan and eghameh is recommended. #926. If he doubts the second condition of the above problem, that is when he doubts whether or not the public prayer has been correct, he is not obliged for azan and eghameh. But if his doubt involved the other two conditions saying azan and eghameh is recommended. 11927. It is recommended that a person who hears someone else's azan and eghameh repeats those segments that he hears but from "hurry to the prayer" to "hurry to the best act" is said with the hope for reward. 11928. A person who has beard someone else's azan and eghameb, whether or not be has repeated it after the latter, can elect not to say azan and eghameh for his prayer if there is not a large interval between that azan and eghameh and the prayer he wants to lay.

#929. If a man hears a woman's azan with the intention of pleasure then azan will not be waived for him. Further, there is difficulty in the waiver of the azan when there is no intention of pleasure, too. #930. The azan and eghameh of public prayer must be said by a man but in the public of women it is sufficient if a woman says the azan and eghameb. #931. Eghameh must be said after the azan and it is incorrect if it is said before the azan. #932. If be says the words of the azan and eghameh out of order, for example, if he says "hurry to salvation" before "hurry to prayer" he must repeat from where the order was impaired. #933. There must be no interval between azan and egbameh, and if he puts a space such that the azan that he said is not counted as that of this eghameh repeating the azan and eghameh is recommended. Similarly, if be put so much space between azan and eghameh and prayer such that the azan and eghameh is not counted as that for the prayer, it is recommended that he repeats the azan and eghameh for that prayer. -128-

#934. Azan and eghameh must be said in correct Arabic and it is not correct if he says it in incorrect Arabic or if he substitutes one letter or another or, for example, he says their translations in Persian. #935. Azan and eghameh must be said after entering the prayer's time and if purposefully or due to forgetting he says them prior to the time it is void. #936. If before saying the eghameh he doubts whether or not he has said the azan he must say the azan but if he engages in the eghameh and then doubts whether or not he has said the azan it is not necessary to say the azan. #937. If while saying the azan or the eghameh and before uttering a segment he doubts whether or not he has said the part which comes before that he must say the part the utterance of which he has doubted. But if while uttering a part of the azan or the eghameh he doubts whether he said the part before it is not necessary to say it. #938. It is recommended that the one who says azan stands facing the kiblah and that he possesses ablution or bath and put his hand to his ears and louden his voice and prolong it and put some spacing between the sentences of the azan and do not talk between them. #939. It is recommended that one's body be calm when saying the eghameh and that he says it more slowly than the azan and do not stick its sentences together, in either the intervals between the sentences be as much as those he provides for the azan. #940. It is recommended that he takes one step between azan and eghameh or sits a little or prostrates or says an invocation or benediction or be quiet a little or say something or lay two units of prayer, but talking between the azan and eghameh of the morning prayer is not recommended but laying a prayer between the azan and eghameh of the sunset's prayer bringing the hope of reward [sic]. #941. It is recommended that the person assigned for saying the azan be just, punctual, have a loud voice and says the azan in a tall place.

THE OBLIGATORIES OF PRAYER Eleven things are obligatory in prayer. First, solemn intention. Sec-

ond, standing. Third, the sacred magnification; that is saying "God is Greater" at the beginning of the prayer. Fourth, flexion. Fifth, prostration. Sixth, the reading. Seventh, invocation. Eighth, witnessing. Ninth, salutation. Tenth, order. Eleventh, connectivity which means successiveness of the parts of the prayer.

#942. Some of the obligatories of prayer are fundamental, that is if . one does not practice those or if added in prayer, whether on purpose or -129-

by mistake, the prayer is void. Others are not fundamental, that is the prayer becomes void if omitted or added on purpose and is not void if added or omitted by mistake. The fundamentals of prayer are five things. First, solemn intention. Second, the sacred magnification. Third, the standing while saying the sacred magnification and the standing connected to flexion, that is standing before the flexion. Fourth, flexion. Fifth, two prostrations. SOLEMN INTENTION #943. One must lay a prayer with the solemn intention of closeness, that is for carrying out the order of the God of the Universe and it is not necessary to pass the intention through one's heart or, for example, to say with tongue 'I lay four units of noon prayer seeking closeness to God.' #944. If, in the noon or afternoon prayers, he does the intending to the effect that I lay four units of prayer but does not specify whether it is noon or afternoon his prayer is void. Similarly, when a person who, for example, is obliged to make up for a missed noon prayer wants to lay a make up or a noon prayer, during the time of noon prayer, he must specify the prayer which he is laying in his solemn intention. #945. One must keep the intention from the beginning to the end. Thus, if while praying he becomes so distracted that if asked 'What are you doing?' he would not know what to say, his prayer is void. #946 •. One must lay a prayer only to carry out the order of the God of the world. Thus, a hypocrite, that is one who lays a prayer for show, his prayer is void, whether it is all for people or he considers both God and people. #947. Even if a part of the prayer is laid for other than God that prayer is void, whether that part is obligatory such as the Praise (Hamd) and Surah or be desirable such as the submission. Further, if he lays the whole prayer for God but in order to show to people he lays it in a special place such as a mosque or in a special time such as in the beginning of time or in a special manner such as in public, his prayer is void. SACRED MAGNIFICATION #948. The uttering of "God is Greater" at the onset of each prayer is obligatory and is fundamental. And he must say the letters of Allah and the letters of Akbar [great] and the two words (Allah and akbar) one after another. Similarly, these two words must be uttered in correct Arabic and if they are said in wrong Arabic or, for example, in its Persian translation, it is not correct. -130-

#949. It is an obligatory caution that he does not connect a prayer's sacred magnification to something that he was reading before; for example, to an eghameh or to a benediction which was being said before the magnification. #950. If one wants to connect the magnification [Allah-o-akbar] to something which will be said afterward, for example, to "In the name of God, the compassionate and the merciful" he must vowelize the letter r of akbar. #951. At the time of uttering the sacred magnification the body must be calm and if he purposefully says the sacred magnification while his body is moving it is void and if he moves inadvertantly he must first, as an obligatory caution, do an act which voids the prayer and then repeat the magnification. #952. Magnification, Praise and Sura, invocation and benedictions must be read as loud as he can hear it himself and if due to impaired hearing or deafness or because of excess noise he cannot hear he must say it such that he could hear it if it was not for the obstacle. #953. A person who is dumb or his tongue is ill such that he cannot say the magnification correctly, must say it in anyway he can and if he cannot say it at all he must say it in the heart and motion for the magnification, as well as move his tongue if he can. #954. It is recommended that after the sacred magnification he says '0 God who gives benevolently to servants, a sinful servant has come to your door and you have ordered benevolents to forgive the sinful, You are the benevolent and I am the sinful; for the sake of Mohammed and His relatives (salutations of God be to him and his relatives) send Your mercy to Mohammed and his relations and forgive the bad deeds that you know I have committed.' rrranslation of the Arabic original omitted.] #955. It is recommended that he raises the hand up to the ears when he utters the magnification of the beginning of prayer and those that come between the prayer. #956. When he doubts whether or not he has said the sacred magnification he must not pay attention to his doubt if he is engaged in reading something and must say the magnification if he has not read anything. #957. When he doubts whether or not he has uttered the sacred magnification correctly after he has said the latter he must not pay attention to his doubt. -131-

STANDING

#958. Standing at the time of uttering the sacred magnification, and that of prior to flexion, which is called the standing connected to flexion, are fundamentals but standing for reading the Praise and Sura and that of after flexion are not fundamentals and if one abandons it due to forgetfulness his prayer is correct. #959. It is obligatory that· before and after uttering the sacred magnification one stands for a while such that he becomes certain that he has said the magnification while standing. #960. If he forgets the flexion and sits down after the Praise and Sura and then remembers that he has not done the flexion he must stand up and practice flexion and if he goes into flexion hunched without first standing up his prayer is void since he will not have practiced the standing connected to flexion. #961. While standing one must not move the body and does not bend to one side or another and does not lean anyplace but there is no concern if it is due to lack of choice or moves the feet when he bends for flexion. #962. It is of no concern when, due to forgetfulness, one moves the body while standing or bends to one side or leans to a place, but in standing for saying the sacred magnification and that which is connected to flexion, even if due to forgetfulness he must, as an obligatory caution, finish the prayer and repeat it. #963; It is an obligatory caution that both feet be on the ground while standing but it is not necessary that the heaviness of the body be on both feet and there is no conc.ern if it is on one foot only.

#964. When a person who can stand properly puts the feet too far

apart from each other such that it would be unusual for standing his prayer is void. #965. When in prayer one wants to move slightly forward or backward or move the body slightly to the right or to the left he must not say anything but he must say "stand and sit with the power and the strength of God" while about to stand up. Similarly, when one is saying the obligatory invocations the body must be motionless. Further, as an obligatory caution one's body must be calm when saying the prayer's recommended invocations. #966. When one says an invocation while the body is moving, for example, if he says a magnification when going into flexion or prostration, he must, as a caution, repeat the prayer if one says the invocation intended

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as that which is ordered for the prayer itself. When not so intended, and he just wants to have said an invocation the prayer is correct. #967. There is no concern in moving the hands and the fingers while reading the Praise and the Sura even though it is a recommended caution that these not be moved either. #968. If while reading the Praise and the Sura or while reading the doxology one moves so much such that the body is no longer calm it is an obligatory caution that one repeats what was read while the body was in motion. #969. If while at prayer one becomes unable to stand up one must sit down and if he becomes unable to sit as well he must lie down but must say nothing until one's body is quiet. #970. As long as one can lay a prayer while standing one must not sit. For example, a person whose body moves when standing or who is forced to lean on something or bend his body or stoop or put the feet wider apart than usual must lay the prayer upright in any manner he can and if he cannot stand up at all (even if crooked) he must sit straight and lay the prayer sitting down. #971. As long as one can lay a prayer sitting one must not do so lying down and if one cannot sit upright one must sit anyway he can and if one cannot sit up at all he must lay on his right side in the manner mentioned in the precepts of kiblah and if he cannot he must lay on his left side and if that is impossible, too, lay on his back such that the soles face the kiblah. #972. When a person who lays a prayer sitting can stand up after reading the Praise and the Sura; in order to practice flexion on his feet he must stand up and go into flexion from a standing position and if he cannot he must also practice flexion while sitting. #973. When a person who lays a prayer while lying down can sit up while laying the prayer he must lay it sitting by the amount he can. Similarly, if he can stand up he must lay it standing by the amount he can but he may not lay anything until his body is calm. #974. When a person who lays a prayer sitting becomes able to stand up while laying a prayer he must lay it standing by the amount he can and he must not lay anything until his body is calm. #975. A person who can stand up but fears becoming ill or receiving harm as a result of standing can lay a prayer sitting and if he is fearful of sitting he can lay a prayer lying down. -133-

#976. When a person finds it likely that by the end of time he can lay a prayer standing, he can lay the prayer in the beginning of its time even though it is cautionary to postpone the prayer. #977. It is recommended that one keeps the body straight while standing, put the hand over the thighs, keep the fingers close to each other, look at the prostration site, put the heaviness of the body equally on both feet, be humble and lowly, do .not put the feet backward and forward, put the feet apart from three open finger-breadths to one span (if a man) and put them close to each other (if a woman).

READING #978. In the first and second units of the obligatory daily prayers one must first read the Praise and after that a full Sura. #979. When there is shortness of time for prayer or when one is forced not to read the Sura, for example, when one fears that in case of reading the Sura he will be harmed by a thief or by a rapacious animal or some other thing, one must not read the Sura and if he is in a hurry to do something he can forego reading the Sura. #980. If he intentionally reads the Sura before the Praise his prayer is void and if by mistake he reads the Sura before the Praise and notices that while reading it he must abandon the Sura and read from the beginning after reading the Praise. #981.· If he forgets the Praise or Sura or one of them and realizes that after reaching flexion his prayer is correct. #982. If before bending for flexion he realizes that he has not yet read the Praise and Sura he must read those and if he realizes that he has not read the Sura he must only read that but if he realizes that only the Praise was not read he must first read the Praise and then after repeat the Sura. Similarly, if he bends but before reaching flexion realizes that he has not read the Praise and Sura, or only the Sura or only the Praise, he must stand up and act according to the same instruction. #983. If in prayer he intentionally reads one of the four suras mentioned in Problem #355 which contains verses which demand prostration his prayer is void. #984. If one mistakenly engages in reading a sura which contains obligatory prostration he must, if he realizes before reaching the verse demanding prostration, abandon that sura and read another one and if he realizes after reading the prostration verse he must practice its prostration

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by pointing while in prayer and be content with the sura which was read. #985. If he hears the prostration verse while in prayer he must prostrate by pointing and his prayer is correct. #986. Reading a sura is not obligatory in a recommended prayer even if the prayer had become obligatory due to a vow. But in some recommended prayers such as the prayer of fright which has a special sura he must read that sura if he wants to have acted according to that prayer's instruction. #987. It is recommended that in the Friday prayer and the noon prayer of Friday one reads the sura of Friday in the first unit after the Praise and the sura of Hypocrites in the second unit after the Praise. And if he engages in one of these he cannot, as an obligatory caution, abandon it and read another sura. #988. If following the Praise he engages in reading the sura of "say there is only one God" or the sura of "say 0 group of infidels" he cannot abandon that and read another sura but if in the Friday prayer and in the noon prayer of Friday one, as a result of forgetfulness, reads one of those two suras instead of the sura of Friday and that of the Hypocrites one can abandon them and read the sura of Friday and the Hypocrites as long as he has not reached the middle. . #989. When in Friday prayer or in the noon prayer of Friday one intentionally reads the sura of "say there is only one God" or the sura of "say 0 group of infidels" one cannot, as an obligatory caution, abandon and read the sura of Friday and that of the Hypocrites even if the middle is not reached.

#990. When in prayer he reads a sura other than that of "say there is only one God" and of "say 0 group of infidels" he can, if the middle is not yet reached, abandon and read another sura. #991. When one forgets a part of the sura or because of helplessness, such as shortness of time or some other reason, cannot finish it he can abandon that sura and read another sura even if he has passed the middle or the sura that he was reading was "say there is only one God" or "say 0 group of infidels".

11992. It is obligatory for men to read the Praise and the Sura of morning, sunset and evening prayers aloud and it is obligatory for men and women to read the Praise and Sura of the noon and the afternoon prayers quietly. 11993. A man must, in the morning, sunset and evening prayers, be -135-

careful to read aloud all of the words of the Praise and Sura, even the last letter of it, and that applies when he connects to the next word, otherwise it is not necessary to read the last letter of the word aloud. #994. A woman can read aloud or quietly the Praise and Sura of the morning, sunset and evening prayers but if her voice is heard by a stranger she must read quietly, as an obligatory caution.

#995. If one intentionally reads quietly when a prayer must be read aloud or when he intentionally reads aloud when he must read quietly his prayer is void. But if due to forgetfulness or ignorance of the problem it is correct and if he realizes that he has made a mistake, albeit while reading the Praise and Sura, it is not necessary to repeat the amount that he has read.

#996. If the person raises his voice more than usual when reading the Praise and Sura, for example, when he reads them yelling, his prayer is void. #997. One must learn the prayer in order not to read it with mistakes and a person who can in no way learn it correctly must lay it anyway he can and it is a recommended caution to lay it in public. #998. A person who does not know the Praise and Sura and the other things of prayer well and can learn them must do so when the time of prayer is plenty and if the time is short, if possible and as an obligatory caution, he must lay his prayer in public.

#999. lt is an obligatory caution that one does not receive wages for teaching the obligatories c;>f prayer but there is no concern for those that are recommended. #1000. If he does not know the words of the Praise or Sura or intentionally omits it or replaces one letter with another, for example ~ inor puts accents where it should be read without accent or stead of not pronounce the accents, his prayer is void.

lf

#1001. If one knows a word as being correct and reads it as such in prayer and later realizes that it was read mistakenly his prayer is correct and; as a recommended caution, he lays the prayer once more and repeats it later on, if the time has passed. #1002. If he does not know a word's accent he must learn it but if he always pauses for words in which a terminal pause is acceptable it is not necessary to learn their accent. Similarly, if he does not know a word is with a u-' or with a lJ" he must learn and if he reads it in two or more versions, for example, if in "lead us to the straight path" he reads

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"mostaghim" [straight] once with i f and once more with (../ his prayer is void unless he has read the whole in both version, while hoping to reach the reality. #1003. When there is a ,.1lg in a word and the letter before it has an upper accent and the one after it is a hamzeh (such as in the word/;;"') it is better to prolong the 1 Similarly, when there is an ...JJ I in a word and the letter before it has an upper accent and the letter after it is a hamzeh (such as in ~4-> it is better to prolong the ~I. And if there is a special sura but it is better that the sura of Shams (sura 91) and that of Ghashieh (sura 88) be read in the first and second units respectively, or the sura of Sabh-esm (sura 87) in the first unit and in the second unit the sura of Shams. [sura 91] #1523. It is recommended in the day of the festivity of Fitr they break the fast with palm dates and that in the festivity of Sacrifice one eats a little from the sacrificed meat after the prayer. #1524. It is recommended that one practices bathing before the festivities' prayer and to read the benedictions written in the books of benedictions, before and after the prayer, hoping for reward. #1525. It is recommended that in the prayer of festivity one practices prostration upon the ground and to raise the hands while saying the magnifications and to read the prayer aloud. #1526. After the prayers of sunset and evening of the night before the Fitr festivity and after the prayer·of the morning and noon and afternoon of the day of festivity arid also after the prayer of Fitr festivity, it is recommended that the following magnifications be said: "God is greater, God is greater, there is no God but God and God is greater, God is greater and praise be to God, God is greater for guiding us". #1527. It is recommended that in the festivity Of Sacrifice after ten prayers, beginning from the noon prayer of the day of the festivity and ending with the morning prayer of the twelveth day, one says the magnifications mentioned .in the previous problem and then say ''God is greater for providing us with animals and praise be to God for what he did to us". But if he is in Mena, for the festivity of Sacrifice, it is recommended that he says these magnifications after fifteen prayers beginning with the noon prayer of the day of the festivity and ending with the morning·prayer·of the thirteenth day of Zeehajjeh #1528. It is loathesome to p~actice the festivities' prayer under a ceiling.

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#1529. If he doubts in the magnifications of the prayer and in its submission he can, if he has not yet passed its place, begin by assuming the lower and there is no concern if later it becomes known that he had said it before. #1530. If he forgets and does not bring the reading or magnifications or the submissions his· prayer is correct. #1531. If he forgets a flexion or two prostrations or the entering magnification his prayer becomes void. #1532. If he forgets a prostration or a witnessing in a prayer of festivity it is a recommended caution to practice it after the prayer, wishing acceptance. And if he does an act which calls for a prostration of error in the daily prayers it is a recommended caution that he practices two prostrations of error for it after the prayer, wishing acceptance. HIRING FOR PRAYER

#1533. After one dies it is possible to hire someone else for those prayers and other worship which he did not do while living, that is paying someone to do them. And it is also correct if a person does them without any wages. #1534. One can be hired, by those who are living, for practicing some of the recommended acts such as those of pilgrimage to the Prophet's grave and those ofthe Imam's, salutations to them all. Similarly, one can practice a recommended act and present its reward as a gift to those who are dead or who are alive. #1535. Whoever is hired for practicing the prayers missed by a person who is now dead must either be an Expert (Mojtabed) or know the problems of prayer through correct imitation. #1536. The laborer must identify the dead when declaring his intention and it is not necessary for him to know the name. Thus, it is enough if he declares the intention 'I pray on behalf of the person for whom I was hired'. #1537. The laborer must assume himself as the dead person and make up for his prayers and it is not enough if he does an act and presents its rewards to him. #1538. One must hire a person who is certain to practice the prayers and there is no concern if there is doubt whether or not he does it correctly. #1539. When a person who has hired another for the prayers of a dead person realizes that he has not done the act, or has done it invalidly, he must hire a laborer again. -206-

#1540. When he doubts whether or not the laborer has done the act, even though he says that he has, he must hire a laborer again. But if he doubts whether or not his act was correct hiring a laborer is not necessary. #1541. One cannot hire a person who has an excuse, such as one who lays prayers sitting, for a dead person's prayer. Further, and as an obligatory caution, they must not hire a person who lays prayers with earth-rubbing or with splint ablution. #1542. A man could be hired for a woman and a woman for a man and they must act according to their duties in laying the prayer loudly or quietly. #1543. It is not necessary that a dead person's compensatory prayers be laid orderly even though it is known that the demised knew the order of these prayers and it is not obligatory to make them up in an orderly manner. #1 544. When a laborer is hired with a condition to perform the act in a particular manner he must do it accordingly and when there is no condition attached he must act according to his duties on that matter and it is a recommended caution, in choosing between his duties and that of the dead, to act according to what is closer to caution. For example, if it was the duty of the dead to say the quadri-doxology three times and his duty to say it once, he says it three times. #1545. When there is no contract with the laborer as to how much of the desirables should be included in a prayer he must practice the amount which is customary. #1546. When a demised knew the order of the prayers which had been missed and one wants to hire someone for those prayers it is better that he assign a time for each of them. For example, if he arranges with orie of them to lay compensatories from morning until noon then he should arrange with another for practicing from noon until night. Similarly, each time he starts a prayer he must assign it, for example, he will decide that the first prayer laid is that of morning or noon or afternoon. Similarly, one must resolve with them to finish the prayer of one day and night in each session and not to count it if left incomplete, and to begin with another day and night prayer in the next session. #1547. When a person is hired to lay a dead person's prayer in, say, a year's time and he dies before the year is over they must hire another person for those prayers which they know that were not done. Further, and as an obligatory caution, they must hire a laborer for laying those prayers which are found likely that were not practiced. #1548. When someone who has been hired for a dead person's prayer -207-

dies before finishing the prayers and was paid for all of those prayers on the condition that he lays all the prayers himself, they must take the amount for the unpracticed part from his assets and give it to the guardian of the dead, for example if he had not read half of them they must give back to the dead's guardian half of what he had been given. And if there was no prior condition his inheritants must hire someone, to be paid from his assets. But if he had no assets the inheritan~ are not obligated. #1549. When a laborer dies before finishing the dead person's prayers and himself has had missed prayers they must hire a laborer from his assets for those prayers for which he had been hired and if there remains anything afterwards, and in case he has so willed and the inheritants permit, they must hire someone for all his prayers. And in case they do not permit, a third of his assets must be used for his own prayers. PRECEPTS OF FASTING Fasting is that which one does in order to carry out the God of the World's bidding, refraining from things (to be explained later) that void a fast; from the morning azan until sunset. SOLEMN INTENTION #1550. It is not necessary that one passes through his heart the intention for fasting or, for example, to say 'tomorrow I will fast'. Thus it is sufficient that, carrying out the God of the World's bidding, he refrains from doing an act which voids a fast; from the morning azan until the sunset. And, in order to .become certain that he has been fasting for the entire time, he must refrain from acts which void a fast from a while before the morning azan to a while after sunset. #1551. One can make a solemn intention for fasting the next day on each of the nights before it, in the month of Ramazan, and it is better if he declares an intention for fasting the entire month on the first night of the month, too. #1552. There is no concern in declaring an intention for fasting the next day any time from the onset of a night of the month of Ramazan until the morning azan. #1553. The time for declaring the intention for a desirable fast is from the beginning of night until enough time remains to sunset to make the resolution; thus if by that time he has not done an act which voids fasting and he declares intention for a recommended fasting, his fasting is correct. -208-

#1554. When a person who was sleeping before the morning azan, without an intention for fasting, wakes up before noon and declares an intention his fasting is correct whether it be an obligatory or a recommended fast and if he wakes up in the afternoon he cannot declare an intention for an obligatory fast. #1555. When one wants to fast for one other than that of Ramazan he must identify it; for example, he declares that 'I do a compensatory fast or an avowal fast'. But in the month of Ramazan it is not necessary to declare an intention that 'I practice the fast of the month of Ramazan'. Further, if he does not know that it is the month of Ramazan, or forgets that and intends a different fast, it will be counted as the fast of the month of Ramazan. #1556. If he knows that it is the month of Ramazan and purposely declares an intention for a non-Ramazan fast it will neither be counted as a Ramazan fast nor that which he had intended. #1557. If he, for example, fasts with a declared intention for the first day of Ramazan and later learns that it was the second or third of Ramazan his fast is correct. #1558. If he declares an intention before the morning azan and then becomes unconscious and regains consciousness during the day he must, as an obligatory caution, finish the fast of that day and make up for it in case he did not finish. #1559. If he declares an intention before the morning azan and becomes drunk and regains consciousness during the day he must, as obligatory caution, finish the fast of that day and make up for it as well.

an

#1560. If he declares an intention before the morning azan and sleeps and wakes up after sunset his fast is correct. #1561. When he does not know or forgets that it is the month of Ramazan and becomes aware before noontime he must, if he has not done an act which voids fasting, declare an intention and his fast is correct. And, if he has done an act which voids fasting or becomes aware that it is Ramazan in the afternoon his fast is void, but he must not do anything which voids a fast until sunset and make up for the fast as well, after Ramazan. #1562. When a child enters puberty before the morning azan of the month of Ramazan he must fast and if he enters puberty after the azan that day's fast is not obligatory for him. #1563. There is no concern when a person who is hired for practicing fasting for a dead person does a recommended fasting. But one who has

-209-

missed a fast or is obligated for some other obligatory fast cannot do a recommended fast. And if he forgets and does a recommended fast his desirable fast will be disrupted and he can switch his intention to that of an obligatory fast if he remembers the matter before noontime. And if he remembers it in the afternoon his fast is void and if he remembers after sunset his fast is correct, although it is not free from difficulty. #1564. When, besides the fasting of the month of Ramazan, another specific fast is obligatory for a person, for example when he has vowed to fast on a certain day, his fast is void if he purposely does not declare an intention by the morning azan. And if he does not know or forgets that that day's fast is obligatory to him and remembers that before noon his fast is correct, if he has not done an act which voids fasting and if he declares an intention; else it is void. #1565. There is no concern if he purposely does not declare an intention for non specific obligatory fast, such as that of an expiation, until it is close to noontime. Further, if before the declaration he decides not to fast or is in doubt about whether or not to practice fasting his fasting is correct when he has not done an act which voids a fast and he declares an intention before noon. #1566. If an infidel becomes a Moslem before noon in the month of Ramazan, and from the morning azan until then he has not done an act which voids a fast, he cannot fast and there is no compensatory. #1567. When a sick person recovers before the noon of the month of Ramazan and from the morning azan until then he has not done an act which voids a fast he mu'st declare an intention for fasting and fast that day and if he recovers in the afternoon that day's fast is not obligatory for him. #1568. It is not obligatory to fast on a day of which one doubts whether it is the last of [the month ofl Sha'ban or the first of Ramazan and when he wants to fast he cannot declare an intention for Ramazan but if he declares an intention for a compensatory fast or the like and later it becomes known that it was Ramazan it is counted as such. #1569. If he fasts with the intention for a compensatory or a recommended fast on a day of which he doubts whether it is the last day of Sha'ban or the first of Ramazan and during the day he learns that it is the month of Ramazan he must declare an intention for a fast of Ramazan. #1570. If he retracts a declared intention for fasting which, like that of -210-

Ramazan, is a known and obligatory fast his fast is void but if he declares an intention to do something which voids a fast but does not practice it his fast does not become void.

#1S71. In a recommended fast and in an obligatory fast whose timing is undetermined, such as that of expiation, when one intends to do an act which voids a fast, or one vacillates between doing or not doing such an act, his fast is correct in case he does not do it and repeats his intention for a fast before noontime. TWNGS THAT VOID A FAST

#1S72. Nine things void a fast. First, eating and drinking. Second, copulation. Third, masturbation, which is what one does to himself which causes the exit of semen from him. Fourth, ascribing lies to God and to the Prophet and those who sat after him, salutations to them all. Fifth, access of dense fumes to the throat. Sixth, immersing the entire head underwater. Seventh, a sustained state of ejaculation and menstration and childbirth until the azan of morning. Eighth, application of an enema using things which flow. Ninth, vomiting. And the precepts of these will be said in future problems. 1. Eating and Drinking #1S73. When one who is fasting eats or drinks purposely his fasting is void, whether the eating and drinking of that thing is usual such as bread and water, or is not usual such as earth and the sap of trees, be it a little or a lot. Even if he takes out the toothbrush from the mouth and puts it into the mouth again and swallows its wetness his fast is void unless the wetness of the toothbrush vanishes in the mouth's water so much that no longer it is referred to as outside wetness. #1S74. If while engaged in eating he realizes that the morning has arrived he must take the food out of his mouth and if he swallows it on purpose his fast is void and according to the instructions to be mentioned later there will be an obligation for an expiation as well. #1S7S. When a person who is fasting eats or drinks something inadvertently his fasting will not become void.

#1S76. It is an obligatory caution that a person who is fasting abstains from the use of ampules which are employed instead of food but injecting an ampule which anesthesizes a limb or is used instead of medicine is of no concern. #1 S77. If a person who is fasting swallows something which has remained between his teeth on purpose, his fast is void. -211-

#1578. It is not necessary for a person who wants to fast to pick his teeth before azan but if he knows that the food which remains between the teeth will go down during the day his fast becomes void, if he does not pick his teeth and swallows some of it. Further, as an obligatory caution, he must make up for that day even when it does not go down. #1579. Swallowing the mouth's water does not void a fast even it if was accumulated by imagining things that are sour or the like. #1580. Swallowing the excretions of head and chest, as long as they have not reached the space of the mouth, is of no concern but if they enter the space of the mouth they must not be swallowed, as an obligatory caution. #1581. When a person who fasts becomes so thirsty that he fears dying from thirst he can drink water to the amount that rescues him from dying but his fast becomes void. And if it is in the month of Ramazan he must, for the rest of the day, refrain from doing an act which voids a fast. #1582. The chewing of food for children or for birds and the tasting of food or the like which usually does not reach the throat does not void a fast even though it reaches the throat by accident. But if one knows from the start that it will get to the throat his fast becomes void if it goes down and he must make up for it and is obligated to expiate, too. #1583. One cannot eat [break] a fast on account of weakness but if his weakness is such that ordinarily it cannot be tolerated there is no concern in eating the fast. 2. Copulation #1584. Copulation voids fasting even though the entry was limited to the circumcision site and there was no exit of semen. #1585. When it enters less than the circumcision site and there is no exit of semen the fast is not void but the fast of a person whose organ is cut becomes void even if he enters less than the circumcision site. #1586. When he doubts whether or not it entered less than the circumcision site his fast is correct and if a person whose organ is cut doubts whether or not he entered his fast is correct. #1 587. If he forgets that he is fasting and copulates or if he was forced into copulation his fasting will not become void but if he remembers while copulating, or is no longer forced, he must immediately get out of the copulation state and if he does not his fast is void. 3. Masturbation #1588. If one who is fasting masturbates, that is if he does something to himself which causes the exit of semen from him, his fast is void. -212-

#1589. If semen exits from him involuntarily his fast is not void, but if he does an act which causes the involuntary exit of semen from him his fast becomes void. #1590. When one who is fasting knows that if he sleeps during daytime he will ejaculate while asleep, that is semen will exit from him while asleep, he can sleep in the daytime and his fast is correct even if he ejaculates while asleep. #1591. It is not obligatory to withhold the exit of semen when someone who is fasting wakes up during the exit of semen from him. #1592. A fasting person who has ejaculated in sleep can urinate and practice drainage according to the instructions given (in problem #12) but if he knows that in case of urinating or practicing drainage the remainder of semen will exit from the passage he cannot, in case that he has bathed, practice drainage. #1593. When a fasting person who has ejaculated in sleep knows that semen remains in his passage and that if he does not urinate before bathing semen will exit... from him after the bath he must, as an obligatory caution, urinate before bathing. #1 594. If he does an act with the intention of eliciting semen his fasting does not become void in case that no semen is elicited. #1595. When a fasting person plays or jests with another person without the intention of eliciting semen his fast is correct if semen exits accidentally and he did not habitually extrude semen after playing and jesting. But his fast is void if he continues the joke close to the exiting of semen and does not refrain until it comes out. 4. Ascribing Lies to God and to the Prophet #1596. If a fasting person verbally or by writing or by pointing and the like purposely ascribes a lie to God or to the Prophet or to His Holiness successors his fast is void even if he immediately says that I lied or that I recant. And it is an obligatory caution that on this matter no difference applies to Her Holiness Zahra [daughter of Mohammed], salutations to Her, and to other prophets and their deputies. #1597. If he wants to narrate an account which he does not know to be true or false he must, as an obligatory caution, narrate it from whoever told the account or from the book in which the account is written. But if he himself narrates his fast will not be void, either. #1598. When he narrates something from God or the Prophet with the belief that it is true and later learns that it was a lie his fast does not become void. -213-

#1599. If he knows that ascribing lies to God and to the Prophet voids a fast and he ascribes to them something which he knows to be a lie but later learns that what he has said was in fact true his fast is correct. #1600. When he purposely ascribes to God and the Prophet a lie fabricated by someone else his fast becomes void but there is no concern in narrating from the person who had made that lie. #1601. If a person who is fasting is asked whether a certain matter was mentioned by the Prophet, salutations of God be to Him and to His relatives, and he intentionally says "yes" where he should have replied "no" or he says "no" where he should have said "yes" his fast becomes void. #1602. If he narrates a truth from God or the Prophet and later says that I lied or ascribed a lie to them at night and the next day while fasting says that what I said last night was a truth his fast becomes void.

5. Taking in Dense Dust to the Throat #1603. Taking in dense dust to the throat voids a fast whether or not the dust is from something which is lawful to eat, such as flour, or is from something which is unlawful to eat. #1604. If due to a wind dense dust is caused and one, while noticing it, does not take precautions and it reaches the throat his fast becomes void. #1605. It is an obligatory caution that a fasting person does not let into his throat dense vapor, and the smoke of a cigarette and tobacco and the like, too. #1606. If he is careless and the dust or vapor or smoke and the like enters his throat his fast is correct if he is certain that it does not reach the throat. #1607. If he forgets that he is fasting and becomes careless, or dust or the like reaches his throat involuntarily, his fasting does not become void and if possible he must bring it out. 6. Immersing the Head into Water #1608. When a fasting person intentionally immerses the whole head into water he must, as an obligatory caution, make up for that fast even if the rest of his body remains out of water but if water reaches the whole body and part of the head remains outside of it the fast does not become void. #1609. If half of the head is dipped into water on one occasion and the other half on the next his fast does not become void. -214-

#1610. If he doubts whether or not the entire head went under the water his fast is correct. #1611. If the whole head goes under the water but some of the hair remains outside the fast becomes void. #1612. It is an obligatory caution not to dip the head into rose water but there is no concern with other additive waters or with other things which flow. #1613. If a fasting person falls into water involuntarily and water reaches his entire head or if he forgets that he is fasting and dips the head into water his fast will not become void. #1614. When his head goes under water habitually if he falls into water and knowing this he throws himself into water and his head goes under it, his fast becomes void. #1615. If he forgets that he is fasting and dips his head into water or if someone else forces his head into water he must, in case he remembers that he is fasting while under the water or if that person removes his hand, immediately take his head out and if he does not do so his fasting becomes void. #1616. If he forgets that he is fasting and immerses the head with the intention of bathing his fast and bathing are correct. #1617. If he knows that he is fasting and intentionally dips the head into water for bathing he must, as an obligatory caution, repeat the bath and make up for the fast if his fasting was one which is obligatory and specific such as the fast of Ramazan. And if the fast is one which is recommended or is obligatory but of unspecified timing, such as an expiation fast, the bathing is correct and the fast is void. #1618. If he dips the head into water in order to rescue someone from drowning, even though rescuing him was obligatory, his fasting becomes void. 7. Sustained States of Ejaculation and Menstruation and Childbirth Until the morning azan #1619. If an ejaculator purposely does not bathe by the morning azan or if he purposely does not earth-rub when it is his duty to do so his fast is void. #1620. When, in an obligatory fast such as that of the month of Ramazan which has a known period, he does not bathe by the morning azan nor does he earth-rub, his fast is -correct if it is not on purpose; such as when someone else would not let him bathe or earth-rub. -215-

#1621. When an ejaculator, who wants to practice an obligatory fasting such as that of Ramazan which has a known period, purposely does not bathe until it is too late he can fast with an earth-rub and it is correct but he is a sinner. #1622. When an ejaculator in the month of Ramazan forgets the bathing and remembers it a day later he must make up for that day's fast and if he remembers it several days later he must make up for the fastings of those days on which he is certain to have been an ejaculator. For example, if he does not know whether he was an ejaculator for three days or four days he must make up for three days of fasting. #1623. One who does not have time for either bathing or earth-rubbing on a night in the month of Ramazan his fast is void in case he ejaculates and he is obligated to practice a compensatory and an expiation. But if he does have time for earth-rubbing and ejaculates, his fast with an earth-rubbing is correct, but he is a sinner. #1624. If he suspects that there is time enough for bathing and proceeds to make himself an ejaculator and later realizes that the time was short his fast is correct in case he earth-rubs. #162S. When a person who ejaculates at night in the month of Ramazan and knows that if he sleeps he will not wake up until morning he must not sleep and if he sleeps and does not wake up until the morning his fasting is void and he is obligated to do a compensatory and to expiate. #1626. When an ejaculator goes to sleep any night in the month of Ramazan and wakes up, he can [continue to] sleep if he finds it likely that if he falls asleep again he will wake up for the bath. #1627. One who has ejaculated any night in the month of Ramazan and knows, or finds it likely, that if he sleeps he will wake up before the morning azan, his fast is correct in case he has the intention of bathing after waking up and he falls asleep with that intention only to remain asleep until the azan. #1628. One who has ejaculated any night in the month of Ramazan and knows or finds it likely that if he sleeps he will wake up before the morning azan, his fast is correct if he neglects that he must bathe after he wakes up and he remains asleep until the morning azan. #1629. When one is an ejaculator any night in the month of Ramazan and knows or fmds it likely that if he sleeps he will wake up before the morning azan, his fast is void in case he sleeps and does not wake up and if he did not want to bathe after he woke up or he was in doubt whether or not to bathe. -216-

#1630. When an ejaculator sleeps any night in the month of Ramazan and wakes up and knows or finds it likely that in case of sleeping again he will wake up before the morning azan, and has the intention of bathing after waking up, he must make up for that fast in case he sleeps again and does not wake up by the morning azan. The same holds if he wakes up from the second sleep and goes to sleep for the third time, and no expiation is obligatory for him. #1631. The sleep during which he ejaculated must not be counted as the first sleep, thus, if he wakes up from that sleep and falls asleep again it will be reckoned as the first sleep. #1632. If a fasting person ejaculates while asleep during daytime it is not obligatory to practice a bath immediately. #1633. When in the month of Ramazan he wakes up after the morning azan and sees that he has ejaculated while asleep his fast is correct even though he knows that he sleep-ejaculated before the azan. #1634. When a person who wants to make up a Ramazan's fast remains an ejaculator by the morning azan his fast is void even if it had not been on purpose. "' #1635. A person who wants to make up a Ramazan's fast; if he wakes up after the morning azan and sees that he has ejaculated and knows that he sleep-ejaculated before the morning azan he must, in case of paucity of time such as when he must make up for five days of missed Ramazan fasting while five days remain until Ramazan begins, make up for it after Ramazan. And if there is no shortage of time for making up the missed fastings he must fast another day and in both cases fasting in this day is not necessary. #1636. When in an obligatory fast, other than that of Ramazan and in its compensatory, he remains an ejaculator but not on purpose his fasting is correct whether or not its timing is known or unknown. #1637. When a woman is cleaned from menses or childbirth before the morning azan and purposely does not bathe nor earth-rubs, if earthrubbing was her duty, her fast is void. #1638. When a woman is cleaned from menses or childbirth before the morning azan, and the time is short for bathing, her fast is correct by earth-rubbing if she wants to practice an obligatory fast with a specific time, such as the fasting of Ramazan, and it is not necessary that she remain awake until the morning. And if she wants to practice a recommended or an obligatory fast with no known timing, such as expiation fasting, she cannot fast with an earth-rub. -217-

#1639. When a woman becomes clean from menstruation or childbirth near the morning azan and has no time either for the bath or the earthrub or when after azan she realizes that she became clean before the azan her fast is correct but its correctness is fraught with difficulty if she made up for Ramazan with plenty of time at hand. #1640.When a woman becomes clean from menstrual blood or from childbirth after the morning azan or when she sees menstrual or childbirth blood during the day, even itit is close to sunset, her fast is void. #1641. If a woman forgets the bathing for menstruation or childbirth and remembers it after one or more days the fastings that she practiced are correct. #1642. When a woman becomes clean from menses or childbirth before the morning azan and lapses in bathing and does not bathe until the azan, nor practices earth-rubbing in the shortness of time, her fast is void. But if she does not lapse, for example, when she is waiting for the bath-house timing to that assigned to women, her fast is correct in case she practices an earth-rub even though she may fall asleep three times and does not bathe by the azan. #1643. The fasting of a woman with undue bleeding who practices her bath according to the precepts of undue bleeding detailed on pages 48-68 is correct. #1644. A person who has touched the dead, that is one who has reached a part of his body to the body of a dead person, can fast without the bath of touching the dea~ nor will his fast become void if he touches the dead while fasting. 8. Enema #1645. Practicing an enema with flowing things voids fasting even though it is done in helplessness and for treatment purposes. But there is no concern in using suppositories for treatment and it is an obligatory caution to abstain from applying suppositories for the purpose of pleasure, such as an opium suppository, or to use them for feeding by this route. 9. Vomiting #1646. When one who is fasting purposely vomits, even if forced by illness or the like, his fast becomes void. But there is no concern if he vomits inadvertently or involuntarily. #1647. When he eats something at night and knows that by eating it he will involuntarily vomit in the day he must make up for the fast of that day, as an obligatory caution. -218-

#1648. If one who is fasting can abstain from vomiting without causing him harm or hardship he must abstain from it. #1649. If a fly gets into the throat of one who is fasting it is not necessary to pull it out in case that it goes down so far that the swallowing of it is not called eating, and his fast is correct. But if it does not go down by that amount he must take it out even if it causes vomiting and voids the fast. And if swallowed, his fast becomes void and he must, as an obligatory caution, practice a cumulative expiation. #1650. When he inadvertently takes down something and remembers that he is fasting before it gets to the stomach it is not necessary to bring it out, and his fast is correct if it has gotten down so far to be in the stomach and it is not called eating. #1651. When one is certain that as a result of burping something will emerge from the throat he must not burp intentionally but there is no concern if he is not certain of that. #1652. If he burps and involuntarily something comes into his throat or his mouth he musq>our it out and if it goes down involJJntarily his fast is correct. PRECEPTS OF THOSE THINGS WffiCH VOID A FAST #1653. When one purposely and voluntarily commits an act which voids a fast his fasting becomes void and if it is not deliberate there is no concern. But if an ejaculator sleeps and does not bathe, according to the details given it;t Problem #1630, by the morning azan his fast is void. #1654. When one who is fasting mistakenly commits an act which voids a fast and, supposing that his fast is now void, purposely repeats _one of those acts his fasting is void. #1655. When something is forced into the throat of a person who is fasting, or when his head is forcibly immersed into water, his fast is not void. But if he is forced to void his fast, for example, if he is told that 'in case you do not eat we will harm you financially or physically', and he eats in order to avert harm, his fasting becomes void. #1656. A person who is fasting must not go to places where he knows that something will be poured into his throat or that he will be forced to void his fast himself. But if he resolves to go but does not do so or goes there but nothing is fed to him his fast is correct. And if because of ·helplessness he does something which voids a fast his fast becomes void but the voiding of his fast, in case that something is poured into his throat, is fraught with difficulty. -219-

THINGS THAT ARE ABOMINABLE TO THOSE WHO FAST #1657. A number of things are loathesome to a fasting person and among those are: instilling medicine into the eyes and applying mascara in case that its taste or smell reaches the throat, praticing any act such as blood-letting or taking a bath which causes weakness, snorting a substance when he does not know if it reaches the throat and if he does know it reaches the throat it is not acceptable, smelling odorous plants, sitting in water (for women), the use of suppositories, wetting the clothing which is on the body, extracting teeth and any action which results in bleeding from the mouth, brushing with a wet piece of wood. And, it is abominable that one kisses his wife without the intention of letting out semen or does an act which moves his lust; and if with the intention of letting out semen his fasting is void in case there is an exit of semen. PLACES WHERE COMPENSATORY AND EXPIATION ARE OBLIGATORY #1658. When someone purposely vomits in a Ramazan fast or when he ejaculates at night and, as detailed in Problem #1630, wakes up three times and sleeps and does not wake up by the morning azan he must only make up for that day. And if he purposely gives himself an enema or dips his head underwater he must, as an obligatory caution, expiate as well, but if he purposely commits another act which voids a fast he will be obligated to make up as well as to expiate, if he knew that the act voids one's fasting. #1659. When due to ignorance of the problem he does an act which voids a fast he will be obligated for expiation, as a caution and in case he could have learned the problem, and no expiation is obligatory when he could not have learned the problem or was not at all cognizant of the problem or was sure that a certain thing does not void a fast. EXPIATION FOR FASTING #1660. A person for whom expiation of a Ramazan fast is obligatory must free a slave or must, following the instructions in the next problem, fast for two months or feed sixty poor people or give to each one of them sustenance amounting to one mod, which is approximately ten seers [750 grams], of wheat or barley or the like. And if these are not possible for him he must give the poor whatever number of mods of food that he can. And if he cannot give food he must beg pardon even if it means saying "pardon me God" once. And, as an obligatory caution, he must do the expiation whenever he can do so. -220-

#1661. A person who wants to pay two months atonement (expiation) for the Ramazan's fast must fast for 31 consecutive days and there is no concern if the remainder is done in a non-consecutive manner. #1662. A person who was to pay two months atonement for Ramazan's fast must not start such that there would be among the 31 days a day on which it is unlawful to fast, such as that of the festivity of Sacrifice. #1663. When a person who must fast consecutively does not fast for one day without an excuse or begins the fast such that he will run into a day on which he was obligated to fast from before, such as a day on which he had vowed to fast, he must practice the fastings anew. #1664. If while practicing the consecutive fastings an excuse arises, such as those of menstruation or childbirth or a travel which he is forced to undertake, it is not obligatory to practice the fasts anew after the excuse is removed and the remainder can be practiced after the removal of the excuse. #1665. If he voids his fast by an unlawful thing whether that thing be unlawful by itself such as wine and fornication or has become unlawful due to circumstances, such as intercourse with his wife while menstrating, a cumulative atonement is obligatory as a caution, that is he must free a slave as well as fast for two months and feed sixty poor people or give each one of them one mod (which is approximately 10 seers) of wheat or barley or bread or the like. And in case all three are not possible for him he must do that which is possible for him. #1666. If a fasting person ascribes a lie to God and the Prophet, salutations of God be to Him and to His relatives, he is caution-wise obligated to a cumulative expiation detailed in the previous problem. #1667. If a fasting person copulates several times in a day of the month of Ramazan he is obligated to do one expiation but if his copulation is unlawful he is obligated to a cumulative expiation. #1668. If a fasting person, in a day of the month of Ramazan, several times commits an act which voids a fast, other than the act of copulation, one expiation is sufficient for all of them. #1669. If a fasting person practices unlawful copulation and then copulates with the one who is lawful to him one cumulative expiation is sufficient. #1670. When a fasting person commits an act which is lawfui but voids a fast, for example, if he drinks water, and then commits an act which is unlawful and voids a fast, for example if he eats unlawful food, one expiation is enough. -221-

#1671. If a person who fasts burps and something comes into his mouth his fast is void if he purposely takes it down and he must make up for it and he is also obligated to an expiation. And if eating that thing is unlawful, for example, if as a result of burping blood or food which is no longer food by appearance enters the mouth and he purposely takes it down he must make up for that fast and is also caution-wise obligated to a cumlative expiation. · #1672. If he vows to fast on a certain day and purposely voids his fast on that day he must free one slave or fast for two consecutive months or feed sixty poor people. #1673. When a person who can recognize the time breaks his fast based on a statement of someone that the sunset has occurred and later learns that the sunset had not occurred he becomes obligated to a compensatory and an expiation. #1674. One who has voided his fast on purpose: if he travels in the afternoon or travels before noon in order to escape expiation, expiation will not be dropped from him. Further, if he incurs a trip before noon expiation becomes obligatory to him, as a matter of caution. #1675. When one purposely voids his fast and later finds an excuse such as menstruation or childbirth or diseases, expiation is not obligatory to him (her). #1676. When he is certain that it is the first day of Ramazan and purposely voids his fast and later it becomes known that it was the end of Sha'ban there is no obligatory expiation. #1677. When one doubts whether it is the end of Ramazan or the first of Shavval and purposely voids his fast and later it becomes known that it was the first of Shavval there is no obligatory expiation. #1678. When a fasting person copulates with his fasting wife in the month of Ramazan he must pay expiation for his own as well as his wife's fast if he had forced his wife and if the wife had consented to the copulation each is obligated to one expiation. #1679. If a woman forces her fasting husband into copulation or to an act which voids fasting she is not obligated to expiate for the husband's fast. #1680. If a fasting person copulates with his fasting wife in the month of Ramazan and if he has forced the wife in a manner in which she had no volition of her own but consents in the middle of copulation the man must pay two expiations and the wife pays one. And if he does the act on his own and voluntarily, even though he may have forced her, the man must pay for his own and his wife's expiation. -222-

#1681. When a fasting person, in the month of Ramazan, copulates with his fasting wife who is sleeping he is obligated for one expiation and the fasting and the woman is correct nor is she obligated for an expiation. #1682. If a man forces his wife to do an act which voids fasting, other than copulation, he must not pay for the wife's expiation nor is any expiation obligatory upon the woman. #1683. A person who does not fast because of travelling or sickness cannot force his fasting wife into copulation but if he does force her he must cautiously pay for the expiation. #1684. One must not lapse in practicing expiation but if is not necessary to do it immediatley. #1685. When one is obligated to practice expiation and does not do it for several years nothing will be added to it. #1686. When a person must, as an expiation, feed sixty needy people in one day and has access to 60 poor people, he must not give food to each in excess of one mod, which is approximately 10 seers, or satiate one poor more than once. But if one is certain that the poor will give the food to his dependents or "ill feed them he can give one mod for each of the poor's dependents, even if minors. #1687. When a person who is practicing a compensatory for Ramazan's fasting purposely commits an act which voids a fast he must give food to ten poor people; for each one mod, which is approximately 10 seers. And if he cannot he must, as an obligatory caution, fast on three consecutive days. PLACES WHERE ONLY A COMPENSATORY FOR FASTING IS OBLIGATORY #1688. In several situations one is only obligated for making up a fast and no expiation is obligatory. First, that the fasting person purposely vomits in a day of the month of Ramazan. Second, that he ejaculates in a night of Ramazan and, as detailed in Problem #1630, does not wake up from the third sleep by the azan of the morning. Third, that he commits an act which voids a fast, or acts hypocritically, or decides not to fast. Fourth, that he forgets to practice the bath for an ejaculator in the month of Ramazan and fasts for one or several days in a state of ejaculation. Fifth, that in the month of Ramazan he does an act which voids a fast before investigating whether or not the morning has arrived and it becomes known later on that it had arrived. Similarly, it is obligatory to make up for a fast when after a search one suspects that morning has come and, nevertheless, he commits an act which voids a fast and later learns that morning had arrived. But if after a search he suspects or is -223-

certain that morning has not arrived and eats something and later it becomes known that morning had arrived there is no obligation for fasting. Further, if after a search he doubts whether or not morning has arrived and does something which voids a fast and later learns that morning had arrived no compensatory is obligatory. Sixth, when someone says that morning has not come and based on his statement one does something that voids a fast and·later it becomes known that morning had arrived. Seventh, when someone says that morning has arrived and one is not certain of his statement or supposes it to be a joke and commits an act which voids a fast, only to learn later that morning had arrived. Eighth, when those who are blind or the like break their fast upon the statement of another person and later it becomes known that is was not sunset. Ninth, when in clear weather and due to darkness one becomes certain of the arrival of sunset and breaks his fast and later it becomes known that it was not sunset. But if he breaks his fast in cloudy weather upon the suspicion of the arrival of sunset and it becomes known later that it had not been sunset no make up is necessary. Tenth, when he keeps tasting in order to get cool or without arty reason; that is, he circulates water in his mouth and takes it down involuntarily. But if he forgets that he is fasting and takes the water down, or if he tastes for ablution and takes it down involuntarily, no compensatory is obligatory for him. #1689. If he takes something other than water to his mouth and it goes down involuntarily, or if he puts water into his nose and it gets down involuntarily, no compensatory is obligatory for him. #1690. Excessive tasting is loathesome for a person who is fasting and if after tasting he wants to take in the mouth's water it is better that he first spits it out three times. #1691. If one knows that as a result of tasting water will enter his throat, either involuntarily or because of forgetfulness, he must not do any tasting. #1692. In the month of Ramazan, if after investigating he becomes certain that morning has not yet arrived and does an act which voids a fast, only to find out that morning had arrived, no compensatory is necessary. #1693. If one doubts whether or not the sunset has arrived he cannot break the fast but if one doubts whether or not the morning has arrived be can, even before investigating, practice an act which voids a fast.

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PRECEPTS OF COMPENSATORY FASTING #1694. If an insane becomes rational he is not obligated to make up for the fastings he had missed while he was insane. #1695. When an infidel becomes a Moslem he is not obligated to compensate for the fastings he missed while an infidel but if a Moslem becomes an infidel and becomes a Moslem once again he must make up for the fastings he missed while he was an infidel. #1696. A fast missed due to drunkenness must be made up even though the drunkenness was caused by a thing taken as treatment. Further, if one solemnly intends to fast and becomes inebriated and finishes the fast still drunk he must, as an obligatory caution, repeat the fast. #1697. If due to an excuse he does not fast for a few days and then dol.lbts about the time when his excuse was removed he can make up for the fast by the lesser of the two amounts. For example, when a person who was travelling before Ramazan and does not know whether he returned on the fifth or sixth of Ramazan he can fast five days. Similarly, a person who does not know when his excuse began can repeat the lesser amount. For example, if he travels "towards the end of Ramazan and returns after Ramazan and does not know whether he travelled on the 25th of Ramazan or the 26th, he can compensate five days, which is the lesser amount. #1698. When he owes compensatory fasting for a number of Ramazans there is no concern as to which one of those he makes up for the first. But if the time for compensating the last Ramazan is short, for example when he owes five days of compensatory for the last Ramazan while five days remain to the upcoming Ramazan, he must first make up for the fasting missd in the last Ramazan. #1699. When he is obligated for compensatory for fastings of several Ramazans, and in the fasting he practices he does not identify the Ramazan for which he is compensating, it will be reckoned as that for the first year. #1700. A person who is practicing a Ramazan's compensatory fast can, if there is no shortness of time for practicing his compensatory fast, void his fast before noon. #1701. When he is compensating for a fast it is an obligatory caution not to void the fast in the afternoon. #1702. If one does not fast in Ramazan because of illness or menstruation or childbirth and dies before Ramazan is over it is not necessary for others to make up for the fastings which he had missed. -225-

#1703. If due to an illness he does not fast in Ramazan and his illness goes on until the next year's Ramazan he is not obligated to make up for the fastings he has missed and must, for each day, give the poor one mod (which is approximately 10 seers) for food, that is wheat or barley or the like. But, if he had not practiced the fast for a different excuse such as travelling and his excuse persists until the next Ramazan he must make up the fastings he has missed as well as give a mod of food to the needy for each day, as a recommended caution. #1704. If due to an illness he does not practice the fasting of Ramazan and his illness is removed after Ramazan but another excuse sets in such that he could not compensate for the fast by the next Ramazan he must make up the fastings he has missed. Also, if during Ramazan he has an excuse other than illness and that excuse is removed after Ramazan, and he could not fast until the next Ramazan because of illness, he must make up the fasting he has missed.

#1705. If because of an excuse he does not fast in the month of Ramazan and his excuse is removed after Ramazan but he purposely does not compensate for the fast he must make up for the missed fasting as well as give to the poor a mod of wheat or barley or the like for each day. #1706. If he lapses in making up the fa~t until it is late and finds an excuse in the shortness of time he must practice the compensatory and give a mod of wheat or barley or the like for each day. Further, if while under an excuse he has the intention of compensating the fastings which have been missd upon the removal of the excuse but before doing so a late excuse sets in he must compensate for it as well as give a mod of food to the needy for each day, as an obligatory caution. #1707. After one gets well from an illness which has lasted several years he must, if there is time left for compensating until the upcoming Ramazan, compensate for the last Ramazan and give the needy food, that is wheat or barley and the like, amounting to one mod (approximately 10 seers) for each day of the previous years.

#1708. A person who must give the needy one mod of food for each day can give several days of expiation to one poor person. #1709. If he postpones the compensatory of Ramazan's fasting for several years he must practice the compensatory and give the poor one mod of food for each day. #1710. When he purposely refrains from practicing the fast of Ramazan he must make up for it and fast two months for each day or give food to 60 poors or free one slave and, in case of not compensating for that fast by the coming Ramazan, it is also necessary to give one mod of food for each day. -226-

#1711. If he purposely does not practice Ramazan's fast and repeatedly commits an act during the day which voids a fast, such as copulating many times, one expiation is sufficient. #1712. Following the death of a father his older son must make up the prayers and fastings which he has missed in accordance with the details given in page 189. However, a compensatory for the missed fastings of the mother is not obligatory for the son. #1713. When a father has missed an obligatory fasting other than that of Ramazan, such as an avowal fasting, the older son must make up for it. PRECEPTS OF TRAVELLER'S FASTING #1714. A traveller who must lay a two-unit prayer in lieu of a four-unit one while on a. trip must not fast and a traveller who lays a full prayer such as a person whose job is travelling or whose trip involves committing a sin must fast while travelling. #1715. There is no concern in travelling in the month of Ramazan but it is loathesome if it is done in order to escape from fasting. #1716. When a certain fast other than that of Ramazan is obligatory for a person he must not travel on that day and if he is on a trip he must resolve to stay in a place for 10 days and practice that fast but if he has vowed to fast on a certain day whether or not he would be travelling he must fast on that day even if he is travelling. #1717. If he vows to fast and does not specify its date he can not practice it while travelling, but if he vows to fast on a specified day, while travelling, he must practice it while travelling. Similarly, if he vows to fast on a specified day, whether he is a traveller or not, he must practice it even if he is travelling. #1718. A traveller can practice three days of recommended fasting in· the holy city of Medina for the purpose of requesting favors [from God]. #1719. When a person, who does not know that a traveller's fast is void, fasts on a trip and learns of the problem during the day his fast becomes void and if he does not learn that until sunset his fast is correct. #1720. If he forgets that he is a traveller or forgets that the fasting of a traveller is void and fasts on a trip his fast is void. #1721. If a person who is fasting embarks on a trip in the afternoon he must finish his fast and if he embarks before noon he must void his fast when he gets to the point of release, that is when he no longer sees the wall of the city nor he hears the voice of its azan. And if he cancels the fast before that an expiation will be obligatory for him. -227-

#1722. When a traveller reaches his country [hometown], or to where he plans to stay for 10 days, before noon he must fast that day if he had not done an act which voids a fast. And if he has done so it is not obligatory to fast that day. #1723. If a traveller gets to his country, or to a place where he plans to stay 10 days, in the afternoon he must not fast that day. #1724. It is an abomination for a traveller, and a person who has an excuse for not fasting, to copulate on a day in the month of Ramazan and to fully satiate himself while eating and drinking. THOSE FOR WHOM FASTING IS NOT OBLIGATORY #1725. A person who cannot fast because of old age, or it is difficult for him, is not obligated to fast. But in the second situation he must give to the poor a mod (approximately 10 seers) of wheat or barley or the like for each day. #1726. A person who has not fasted due to old age must, as an obligatory caution and if he can fast after the month of Ramazan, make up for the fastings he has missed. #1727. If one has an illness such that he becomes excessively thirsty and cannot bear the thirst, or it is difficult for him, he is not obligated to fast. But in the second situation he must, for each day, give to the poor a mod of wheat or barley or the like. And, as an obligatory caution, he may not drink water in excess of what is necessary. And if he can fast later he must, as an obligatory caution, make up the fastings he has missed. #1728. For a woman whose childbirth is near and fasting is harmful to her burden, fasting is not obligatory and she must, for each day, give to the poor one mod of wheat or barley or the like. Similarly, if fasting is harmful to herself then she is not obligated to fast and must, as an obligatory caution, give to the poor one mod of food for each day and, in both cases, make up for the fastings she has missed. #1729. A nursing woman whose milk is small, whether she is the baby's mother, or a surrogate, or nurses the baby free of charge, is not obligated to fast if fasting is harmful to the baby that she nurses. And she must give a mod of food, that is wheat or barley and the like, to the poor for each day. Similarly, if it is harmful to herself, fasting is not obligatory for her and she must, as an obligatory caution, give a mod of food to the poor for each day. And in both cases she must make up for the fastings she has missed. But if someone is found who would nurse the -228-

baby free of charge, or she will be paid for nursing the baby by the child's father or mother or whoever pays her she must, as an obligatory caution, give the child to her and fast. WAYS TO SUBSTANTIATE THE BEGINNING OF THE MONTH #1730. That it is the first of the month is proven by five things. First, that one himself sees the moon. Second, when a group whose statement is trustworthy says 'we have seen the moon', as well as anything through which certainty is obtained. Third, when two just men say 'we have seen the moon at nighttime'. But if they characterize the moon contradictorily or if their witnessings are against the truth, such as when they say that the inside of the moon's circle faced the horizon, the beginning of the month is not proven. But if they disagree in some of the features, such as when one says that the moon was tall and the other says that it was not, the beginning of the month will be proven by their statement. Fourth, when thirty days have passed from the beginning of the month of Sha'ban in which case the proof of the onset of Ramazan is at hand and when thirty days have passed from the beginning of Ramazan it is the proof of the beginning of Shavval. Fifth, when the religious ruler declares that it is the beginning of the month. #1731. If the religious ruler bids that it is the beginning of the month even the person who does not imitate him must act according to his order. But one who knows that the religious ruler is mistaken cannot act according to his order. #1732. The beginning of the month is not proven by the forecast of the astronomers. But if one finds certainty in their statement he must act accordingly. #1733. The tallness (height) of the moon [in the sky] or that it sets late, are not reasons that the night before was the frrst night of the month. #1734. When the beginning of the month of Ramazan is not proven to a person and he does not fast he must make up for the fast if two just men say that we saw the moon the night before. #1735. If the beginning of the month is substantiated in one city it is of no use for the people of another city unless the two cities are close to each other or one knows that their horizons are the same. #1736. The beginning of the month is not proven with a telegram unless the city from which the telegram is sent to the other are close or are of identical horizons and one knows that the telegram was based -229-

upon the pronouncement of the religious ruler or the witnessing of two men who are just. #1737. One must fast on a day that one does not know whether it is the last of Ramazan or the first of Shavval. But if before the sunset one learns that it is the first of Shavval he must break his fast. #1738. If a prisoner cannot become certain of the month of Ramazan he must act according to his suspicion and if that is not possible either, any month that he fasts is correct. And, as an obligatory caution, after the passing of 11 months he must again fast for one month. But if he later comes to suspect, he must act accordingly. THE UNLAWFUL AND LOATHESOME FASTINGS #1739. Fasting on the days of the Fitr and Sacrifice festivities is unlawful. Similarly, fasting on the day that one does not know it to be the last day of Sha'ban or the first of Ramazan is unlawful if one practices it with the intention of the first of Ramazan. #1740. A recommended fasting of a wife which results in a loss of her husband's rights is not acceptable. Further, when there is no loss of the husband's rights but the husband prevents her from practicing the recommended fast she must, as an obligatory caution, refrain from it. #1741. A recommended fasting of any child which results in annoyance to his father or mother or grandparents is not acceptable. Further, when it does not bother them but they prohibit him from practicing the recommended fast h~ must, as an obligatory caution, refrain from it. #1742. If a son practices a recommended fasting without his father's permission and the father admonishes him during the day he must break the fast. #1743. A person who knows that fasting is not harmful to him must fast even though a doctor says that it is harmful to him and a person who is certain or suspects that fasting is harmful to him must not fast even though a doctor. says that it is not harmful, and if he fasts it is not correct unless he fasts with the intention of closeness and later it becomes known that it was not harmful. #1744. If one finds it likely that fasting is harmful to him and becomes fearful of that likelihood he must not fast if the likelihood is appropriate in the view of the people. And if he fasts it is not correct unless he fasted with the intention of closeness and it becomes known later that it was not harmful. -230-

#174S. When one who believes that fasting is not harmful to him fasts and after sunset learns that fasting was harmful to him he must make up for it. #1746. In addition to the above-mentioned unlawful fasts there are others which have been mentioned in detailed books. #1747. It is loathesome to fast on the day of Ashura [anniversay of the martydom of Imam Housain] and on the day that one doubts whether it is the day of arafeh or the day of the festivity of Sacrifice.

RECOMMENDED FASTINGS #1748. Fasting on all days of the year, except the unlawful and loathesome fastings mentioned above, is desirable (recommended). And on·some days it has been more emphasized than on others, among those are: 1. The first and last Thursday of each month and the first Wednesday after the tenth of the month. And if a person does not practice those it is recommended that he makes up for them. And if he cannot fast at all it is recommended that he gives the poor one mod of food or 6/12 of one pea of silver for each day. 2. The thirteenth, fourteenth and fifteenth of each month.

3. The whole month of Rajab and Sha'ban and some of these two months even if it is a single day. 4. The first day of the New Year (Naw Rooz); the twenty-fifth and twentyninth day of the month of Zi-ghadeh; the first to the ninth of the month of Zi-hajeh (the day of arafeh), but if due to weakness of fasting he cannot say the invocations of the day of arafeh fasting on that day is loathesome; the blessed festivity of Ghadir (the eighteenth of Zi-hajeh); the first and third day of the month of Moharam; the blessed anniversary of the Most Merciful Prophet (salutations of God to Him and to His relatives) (seventeenth of Rabi-al-aval); the anniversary of the Prophethood of the Most Merciful Prophet (saluations of God to Him and to His relatives). And if a person practices a desirable fast it is not obligatory to finish it. Further, if invited to food by his faithful brother it is recommended that he accepts the invitation and break his fast during the day. SITUATIONS IN WIDCH IT IS DESIRABLE TO REFRAIN FROM ACTS WHICH VOID A FAST #1749. For six persons it is desirable not to practice an act which voids a fast even though they may not be fasting. -231-

1. A traveller who had done an act which voids a fast while on a trip and arrives before noon at his country or to a place where he wants to stay for 10 days. 2. A traveller who reaches in the afternoon to his country or to where he wants to stay for 10 days. 3. A sick who recovers before noon and has committed an act which voids a fast. 4. A sick who recovers in the afternoon. 5. A woman who during the day becomes clean from the blood of menses or childbirth. 6. An infidel who becomes a Moslem on a day of the month of Ramazan. #1750. It is recommended that a fasting person lays the sunset and evening prayers before he breaks his fast. But if someone is waiting for him or has a lot of desire for food, such that he cannot pray with his heart present, it is better that he first break his fast but, to the degree possible, lay the prayer in its felicitous time.

PRECEPTS OF FIFTH (KHOMS) #1751. Fifth becomes obligatory for seven things. First, profits from earnings. Second, mines. Third, treasures. Fourth, lawful property mixed with unlawful property. Fifth, jewels obtained by diving, that is, going into the sea. Sixth, loot from wars. Seventh, land that a tributary infidel buys from a Moslem. And the precepts of these will be detailed later. 1. Profits from earnings #1752. When one obtains an asset from commerce or industry or other occupations, including, for example, from the wages earned by practicing the prayers and fastings of a dead person, he must give one fifth of it (khoms) according to the instructions which will be given later, after the defrayal of the yearly expenses of himself and those of his dependents. #1753. When he gets property by means other than earning, for example, if he is given something gratuitously, paying the Fifth is not obligatory, although it is a recommended caution that he gives Fifth when something remains after the defrayal of the year's expense. #1754. The dower given to a wife is exempt from Fifth as is what one inherits. But when the relationship is distant and one does not know that he had such a relative it is the recommended caution that he pays the Fifth of what he has inherited if an excess remains after the defrayal of that year's expenses. -232-

#1755. If he inherits property and knows that the person from whom he inherited the property had not paid its Fifth he must pay the Fifth. And if no Fifth applies to that very property but one knows that the person whom he inherited the property from owed Fifth, he must pay the Fifth from the latter's property. #1756. When due to frugality something remains after the defrayal of the year's expense he must pay its Fifth. #1757. A person whose expenses are paid by someone else must pay the Fifth of the enitre asset that he gets. But if he spent some of it for pilgrimage or the like he must only pay the remainder's Fifth. #1758. When he endows property to certain individuals such as to his children they must pay its Fifth if they farm and plant the land and accrue something from it and an excess remains after tallying the yearly expenses. #1759. Payment of Fifth is not obligatory when a poor person accrues an excess,· after the defrayal of the yearly expenses, from the property which he was given as Fifth and alms and a recommended bestowal. But if he earns a profit from the property he was given, for example, if he obtains fruit from a tree given to him as Fifth, in case he has kept that tree for earning profit and for business he must pay the Fifth on the amount which is in excess of his yearly expenses; #1760. If he buys a commodity with money prior to the payment of its Fifth, that is if he tells the seller that I buy this commodity with this money, or that at the time of the purchase his intention is to pay for it from money before the payment of its Fifth, the deal is correct if the religious ruler permits the transaction regarding one fifth of the deal. And one must give the religious ruler (hakem i shar') one fifth of what he has bought, and if he does not permit, the transaction of that amount is void. Thus, if the money that the seller has gotten has not vanished the religious ruler will get the Fifth of that very money and if it has vanished he will ask for a substitute of the Fifth from the seller or the buyer. #1761. When he buys something and after the deal he pays for the commodity from money before the Fifth of it is paid, and his intention at the time of purchase is not to pay for it by pre-Fifth money, the deal which he has made is correct. But since he paid him by money which contains the Fifth within it, he will owe him to the extent of one Fifth of that money. And the religious ruler will get one Fifth of that money that he gave·the seller, if it is not yet vanished, and in case it has vanished he will ask (demand) for its substitute from the buyer or the seller.

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#1762. If he purchases property that the Fifth of which has not been paid the deal is void for that amount, in case that the religious ruler does not permit the transaction involving one fifth of the deal, and the religious ruler can seize one fifth of that property. And if he permits the deal is correct and the purchaser must pay one fifth of the money to the religious ruler, and if he has paid it to the seller he can get it back from him. #1763. If one has donated something, of which the Fifth has not been paid he will not own one fifth of that object. #1764. If one obtains an asset from an infidel or from a person who does not believe in giving the Fifth it is not obligatory to pay the Fifth of it. #1765. Merchants and shopkeepers and craftsmen and the like must pay the Fifth of what remains after defrayal of the yearly expense, one year after they begin their jobs. And when a person who is not a businessman accidentally obtains a profit on a deal he must pay the Fifth of what remains after the defrayal of the year's expenses, one year after obtaining the profit. #1766. One can during the year pay the Fifth. of a profit when it occurs and it is acceptable to postpone the Fifth until the end of the year and there is no obstacle in using the solar year in tallying the Fifth. #1767. When a person such as a merchant and a shopkeeper, who must use the year for the payment of the Fifth, makes a profit and dies during the year they must subtract his expenses, up to his death, from the profit and pay the Fifth of the remainder. #1768. When the price of a commercial commodity goes up and he does not sell it and the price falls during the year it is not obligatory for him to pay the Fifth based upon the higher price. #1769. When the price of a commodity he has purchased for commerce goes up and, hoping for higher prices, he does not sell until the year ends but then the prices fall he is obligated to pay the Fifth by the higher amount. Further, even if he has not kept the commodity as long as what is usual among the merchants for holding onto something for the prices to rise, he must pay the Fifth by the higher price. #1770. If he has property, other than that which is commercial, of which he has either paid the Fifth or that it has no Fifth, for example, if it is a gift, there is no Fifth involving the added price when it is sold at a higher price. But, if, for example, a tree that he bought brings fruit or that the sheep become fat he must pay the Fifth of the added amount, in case that keeping them was intended for profit. -234-

#1771. If he forges a garden in order to sell after an increase in its price he must give a Fifth for the fruits and the growth of the trees and the increase of its price, but if his intention was to use its fruits he must only pay Fifth for the fruits. #1772. If he plants trees such as willows and oak or the like he must pay their Fifth in the year which is ripe for selling them even though he does not sell them. But if he makes a profit from selling their branches which are usually cut every year and that alone or together with other profits from his business exceed his yearly expenses he must pay its Fifth at the end of each year. #1773. When a person has several businesses such as that who receives rents and buys and sells and does farming, too, he must, in case that each business has a separate capital and receivable and payable and cashier accounts, tally the profit of that line of business and pay its Fifth. And if he has losses in that line it cannot be compensated from the other lines. And if the different lines of business have the same receivable and payable and cashier accounts he must reckon all of them at the year's end and, in case there was any profit, pay its Fifth. #1774. Those expenses that one pays for obtaining a profit, such as the brokers or porters payments can be included in the yearly expenses. #1775. There is no Fifth involved in paying, from the profit and during the year, for food and clothing and appliances and the purchase of a house and the dowry of a daughter and pilgrimage and the like, provided that it did not exceed their dignity and was not extravagant. #1776. An asset spent for carrying out a vow or paying expiation is included in the yearly expenses as is the property given to another as a gift or as a prize, provided that it does not exceed his standing (dignity). #1777. If one cannot provide a daughter's dowry in one setting and has to provide a portion of it on a yearly basis or if he lives in a city where people usually provide their daughter's dowry on a yearly basis, and not doing so is a disgrace, he must not give the Fifth of the dowry in case that he buys it from his profits during the year. #1778. The asset he spends for a Haj trip and other pilgrimages, when like the instrument for riding remains extant and use is made from its utility, will be counted as expenses that happened in the year in which the trip began, even though his trip lasts into part of the next year. But if, like foodstuff, it has perished he must pay the Fifth for the amount which occurred in the following year. -235-

#1779. A person who gains profits from commerce and business can defray his yearly expenses exclusively from the business profits even though he has other assets for which he is not obligated to pay Fifth. #1780. When he has bought a staple for the house from the profit of the business he must pay the Fifth of what remains at the end of the year. And if he wants to pay by the price of it he must, in case that its price has increased since the time of purchase, reckon according to its price at the end of the year. #1781. When, before the payment of Fifth, he buys an appliance for the house it is an obligatory caution that he pays its Fifth when he no longer needs it during the year. The same holds for women's jewelry if they spend their time in beautifying themselves during the year. #1782. If he does not make a profit in one year he cannot deduct that year's expenses from the profits that he gains in the next year. #1783. If he makes no profit in the beginning of the year and spends from the capital and gains a profit before the year is over he can deduct from the profit the amount he picked up from the capital. #1784. When part of the capital is lost and he gains a profit from the remainder in excess of his yearly expenditure he cannot deduct the amount of capital loss from the profits. But if he cannot do business with the remaining capital which is commensurate with his standing, or if the profit he gains is not sufficient for his yearly expenditure, he can deduct the capital loss from the profits. #1785. If besides the capital other things of his assets perish he cannot provide that thing from the profits that he gains but if he needs that thing in that year he can provide it during the year, using the profits of the business. #1786. If he borrows from his expenses in the beginning of the year and gains a profit before the year ends he can deduct from that profit by the amount he borrowed. #1787. If he gains no profit in the entire year and borrows for his expenses he can pay his debts from the profits of the coming years. #1788. If he borrows in order to increase his assets or buy a property that he does not need he cannot pay that debt from his business profits, but if the borrowed asset, or what he purchased with it perishes and he is forced to pay back his debt he can pay the debt from the business profits.

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#1789. As an obligatory caution, the Fifth of a lawful asset mixed with an unlawful asset must be paid from that very asset but one can pay the other Fifths from those things or pay cash by amount equal to the Fifth which he owes. #1790. He cannot take charge of a property before the payment of its Fifth even though he has the intention of paying Fifth. #1791. One who owes Fifth cannot take it upon himself, that is to reckon himself indebted to those who are entitled to Fifth and take charge of the whole property, and if he did and incurred the loss of that property he must pay its Fifth. #1792. If a person who owes Fifth comes to a compromise with the religious ruler he can take charge of the whole property and whatever profit comes after the compromise belongs to himself. #1793. When a person who is in partnership with another pays Fifth of his profit while his partner does not and the latter puts up, as the next year's capi~al of the partnership, from the asset of which he did not pay the Fifth, neither of them can take charge of that [asset]. #1794. When a minor child has a capital and obtains profits from it he must, as an obligatory caution, pay its Fifth after he reaches puberty. #1795. One cannot take charge of a property of which he is certain that the Fifth has not been paid but can do so in a property about which he is in doubt as to whether or not its Fifth has been paid. #1796. When a person, who has not paid Fifth s-ince he became religiously accountable, buys a property whose price is increasing, but not because of that consideration, and then sells the property (for example, he has bought property for farming and has given the seller money of which he has not paid the Fifth and has told him 'I buy this property with this money'), the buyer must pay the Fifth of what that property is worth, if the religious ruler permits the transaction of one fifth of the property. And, as an obligatory caution, the same holds when he has bought something and from the beginning had the intention of paying for it by money of which he had not paid the Fifth. #1797. When a person who has not paid Fifth from the time he become religiously accountable buys something that he does not need from the profit of the business, and one year has passed from the purchase, he must pay its Fifth; and if he ha~ bought house .appliances and other necessities suitable to his dignity, it is not necessary that he pays the Fifth if he knows to have purchased those during a profitable year. And if he -237-

does not know whether he bought those during the year or after the year's end he must, as an obligatory caution, come to a compromise with the religious ruler. 2. Mines #1798. If one obtains from a mine gold, silver, lead, copper, iron, petroleum, coal, turquoise, agate, salt and other mines he must pay its Fifth, in case they reach a certain limit. #1799. As a matter of caution, the limit for a mine is 105 customary mesghals of coined silver or 15 customary mesghals of coined gold; that is, if the price of what has been excavated from the mine, after the deduction of the expenses involved, reaches 105 mesghals of coined silver or 15 mesghals of coined gold he must pay its Fifth, as an obligatory caution. #1800. When the amount of profit from the mines does not reach 105 mesghals of silver or 15 mesghals of gold, Fifth is necessary in case that it alone, or together. with his other business profits, exceed his yearly expense. #1801. Payment of Fifth for plaster, limestone, pumice and clay which could possibly be counted as minerals is very desirable in case it is caution-wise paid before the year's expense. #1802. When a person obtains something from a mine he must pay its Fifth whether the mine is over ground or underground or located in land which is owned or that which has no owner. #1803. If he does not know whether or not the thing he has brought out froin a mine reaches 105 mesghals of silver or 15 mesghals of gold he must, as an obligatory . caution, determine its price by weighing or through other means. #1804. When several people bring out something from a mine and the share of each one, after deducting the expenses involved, reaches 105 mesghals of silver or 15 mesghals of gold, they must pay its Fifth. #1805. If he excavates the mine which is on someone else's property whatever is obtained belongs to the owner of the property and since the owner did not spend for its extraction he must pay the Fifth for all that was brought out from the mine. 3. Treasure #1806. Treasure is property hidden in the ground or in a tree or in a mountain or within a wall and someone finds it and it would be such to be called a treasure. #1807. If one finds a treasure in a land which has no owner it is his and he must pay its Fifth. -238-

#1808. The cautionary limit of a treasure is 105 mesghals of silver or 15 mesghals of gold; that is, if the value of the thing obtained from the treasure, after the deduction of the expenses involved, reaches 105 mesghals of silver or 15 mesghals of gold he must, as an obligatory caution, pay its Fifth. [Each mesghal is approximately 5 grams.] #1809. If he finds treasure in the land which he bought from another and knows that it does not belong to the people who formerly owned the land it becomes his and he must pay its Fifth. But if he finds it likely that it belongs to one of them he must inform him and if it becomes known that it was not his he must inform the owner before him and down the line until all of the previous owners have been informed. And if it becomes clear that it did not belong to any of them it becomes his property and he must pay its Fifth. #1810. If he finds an asset in several containers buried in one place with a total price of 105 mesghals of silver or 15 mesghals of gold he must, as an ·obligatory caution, pay its Fifth. But if he finds [them in] a number of treasures, as an obligatory caution, he must pay the Fifth for those whose price reach that amount and there is no Fifth for the treasure not reaching that amount. #1811. When two people find a treasure such that the price of the share of each one reaches 105 mesghals of silver or 15 mesghals of gold they must pay its Fifth. #1812. If someone buys an animal and finds an asset in its stomach he must, as an obligatory caution, inform the seller when he finds it likely that it belongs to him. And if it becomes known that it was not his he must inform the previous owners down the line and if it becomes clear that it does not belong to any of them he must, as an obligatory caution, pay its Fifth even though its price is not that of 105 mesghals of silver or 15 mesghals of gold. LAWFUL PROPERTY MIXED WITH UNLAWFUL (PROPERTY) #1813. If lawful property is mixed with unlawful·property such that one cannot discern them from one another, and when neither the owner nor the amount of the unlawful property is known, he must pay the Fifth for the total property and after the payment of the Fifth the remainder of the property becomes lawful. #1814. If lawful property becomes mixed with unlawful property and -239-

one knows the amount of the unlawful but does not know the owner of it he must donate that amount on behalf of the owner and, as an obligatory caution, obtain the permission of the religious ruler as well. #1815. If a lawful property becomes mixed with an unlawful property and one does not know the amount of the unlawful asset but knows its owner, they must satisfy each other. And in case the owner of the property does not consent, if one knqws that a certain thing is his and doubts whether or not he is entitled to more, he must give him what he is certain to have been his and, as a recommended caution, give him whatever else that he finds likely to belong to him. #1816. If one gives the Fifth of the lawful property mixed with an unlawful and later learns that the unlawful amount exceeded the Fifth h~ must, as an obligatory caution, donate on behalf of the owner the amount which he knows to have exceeded the Fifth. #1817. If he gives the Fifth of a lawful asset mixed with unlawful or donates a property on behalf of its owner whom he does not know, he must, as an obligatory caution, give the owner equal to his property when the owner is found. #1818. If lawful property becomes mixed with an unlawful and the unlawful amount is known and one knows that the owner is not outside a certain number of people but he is not able to know who he is, he must draw a lottery and give the property to one whose name is drawn.

5. Jewelry Obtained by Diving into the Sea #1819. If by diving, that is by dipping into the sea, he recovers pearls and coral or other jewelry which are obtained by going deep into the sea, be it growing or mineral, he must pay its Fifth when its price, after deduction of the expenses for recovering it, reaches 18 peas of gold, whether it was brought out of the sea in one session or more or whether what has come out is of one kind or of several. But if several people have brought it out only the person whose share's price gets to 18 peas of gold must pay the Fifth. [Five peas weigh approximately 1 gram.] #1820. If he obtains a jewel without getting into the sea and by using an instrument, payment of the Fifth is obligatory as a matter of caution when the price after the expenses involved reaches 18 peas of gold. But if he catches a jewel from the surface of the sea or at its shore he must pay its Fifth in case that is his job and it exceeds his yearly expenses either by itself or together with other profits. #1821. The Fifth of fish and other animals that one catches without

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diving into the sea is obligatory in case that one does that for business and it exceeds his yearly expenses either alone or together with other profits. #1822. If one dips into the sea with no intention of extracting something from the sea and accidentally obtains a jewel he must pay its. Fifth if he intends to possess that thing. #1823. If one dips into the sea and takes out an animal and finds a jewel in its stomach with a price equal to or more than 18 peas of gold he must pay its Fifth if the animal is like oysters which have jewel in their stomach as a species, and if it had accidentally swallowed the jewel it is cautionary to act upon it according to rules for treasure. #1824. If he dives into large rivers like the Tigris and Euphrates and brings out a jewel he must pay its Fifth if that river produces jewels. #1825. If he dives into water and takes out some ambergris worth 18 peas of gold or more he must pay its Fifth; and if he gets it from the surface or the shore of the water he must pay its Fifth even if not worth 18 peas of go~d, in case that that is his job and it alone or together with other profits exceeds his yearly expenses. #1826. When a person whose business is diving, or excavation of mines, pays their Fifth and ends up with something in excess of his yearly expenses it is not necessary to repeat paying its Fifth. #1827. When a child extracts from a mine or has a lawful asset mixed with unlawful or finds a treasure or takes out a jewel from the sea by diving his guardian must pay their Fifth. 6. Loot #1828. When with the order of the Imam, salutations to Him, Moslems war with infidels and obtain things in the war (called loot) they must put aside the expenses incurred for the loot, such as those of preserving and transporting it, as well as the amount that the Imam, salutations to Him, deems appropriate to spend on something, and the things that are special to the Imam, and pay Fifth on the remainder of the loot.

LAND BOUGHT BY A TRIBUTARY INFIDEL FROM A MOSLEM #1829. If a tributary infidel (kafar i zammi) buys a property from a Moslem he must give its Fifth from the same land and there is no concern if he pays its [worth in] money, but if he pays anything else other than money it must be done with the permission of the religious ruler. Similarly, if he buys a house or a shop or the like from a Moslem he must, in case the land was priced and sold separately, pay the Fifth of the land; -241-

and if the house and shop was sold together and the land was transferred as a natural consequence, Fifth for the land is not obligatory. And in giving this Fifth no intention of closeness is necessary. Further, it is not necessary that the religious ruler who gets the Fifth from him does so with the intention of closeness. #1830. If a tributary infidel sells the land he bought from a Moslem to another Moslem he must pay its Fifth and if he dies and a Moslem inherits that land from him they must pay its Fifth from that land or from his other assets. #1831. If a tributary infidel buys land on the condition that he would not pay the Fifth or that the seller pays the Fifth his condition is not correct. But if he conditions that the seller gives the Fifth to its owners on his behalf there is no concern. #1832. If a Moslem gives land to an infidel in ways other than buying and selling and gets something instead, such as a transaction involving an exchange, the tributary infidel must pay its Fifth as an obligatory caution. #1833. If the tributary infidel is a minor and his guardian buys him land it is an obligatory caution that they do not get its Fifth from him until he reaches puberty. USES OF FIFfH

#1834. Fifth must be divided into two parts. One part is the share of the Masters (sadat) [certain descendents of the Prophet] which, preferably, must be given to a poor Master or a Master that is an orphan or a Master which has become helpless while on the road. The other half is the share of the Imam, salutations to him, which in this age must be given to the fully qualified Expert to be spent for the use which he permits. But if one wants to give the share of the Imam to an Expert whom he does not imitate he is permitted when he knows that Expert and the one that he imitates both will spend the Imam's share the same way. #1835. The orphan-Master which gets the Fifth must be indigent but one can give the Fifth to a Master which has become helpless on a trip and is not poor in his own country [hometown]. #1836. One must not give the Fifth to a Master which has become helpless on a trip if the trip was for a sin. #1837. One can give Fifth to a Master who is not just but one must not give Fifth to a Master who is not a Twelver. -242-

_ #1838. The Fifth can not be given to a Master who is a sinner if giving Fifth aids him in his sins. And as an obligatory caution, Fifth must not be given to a Master who sins openly even though giving the Fifth does not aid his sinfulness. #1839. If someone says that I am a Master one cannot give him Fifth unless two just persons attest to the same or he is so reputed among people that one becomes certain or satisfied that he is a Master. #1840. A person who is reputed to be a Master in his own city can receive Fifth even though one is not certain of his being a Master. #1841. As an obligatory caution, when someone's wife is a Master he must not pay her Fifth for personal expenses but when she is obligated for other's expenses and cannot pay those expenses it is acceptable that one pays Fifth to that woman to be spent for them. #1842. When the expense of a (woman) Master other than one's wife is obligatory to a person he cannot, as an obligatory caution, pay for her food and clothing from the Fifth but there is no concern if he bestows upon her a certain amount of Fifth to be spent in uses other than those which are personal and obligatory to the Fifth-giver. #1843. An indigent Master whose expense is obligatory upon someone else who cannot pay those expenses can receive Fifth. #1844. It is an obligatory caution not to give Fifth amounting to more than a year's expense to a poor Master. #1845. If there is no needy Master in one's own city and it is unlikely to find one, or if it is not possible to keep the Fifth until an indigent is found, he must take the Fifth to another city and hand it to a needy and it is an obligatory caution not to defray the cost of its transportation from the Fifth and in case the Fifth perished as a result of his shortcoming he must compensate for it; and if not at fault, he is not obligated. #1846. When there is no needy Master in his own city but he finds it likely to find one he can, even when it is possible to keep the Fifth until a person which is entitled to it is found, take the Fifth to another city. And if it perishes without shortcoming on his part he must not give anything but he cannot take out the cost of transporting it from the Fifth. #1847. If there are entitled persons in his own city he still can take the Fifth to another city and hand it to the needy, but he himself must pay the cost of taking it there, and in the case of loss of the Fifth he is responsible even though he has not been at fault in guarding it. -243-

#1848. If he takes the Fifth to another city with the permission of the religious ruler and loses it, it is not necessary to give Fifth for a second time. The same holds when he gives it to a person who represented the religious ruler for getting the Fifth and taking it to another city. #1849. If one does not pay Fifth by the commodity itself but by a different commodity he must reckon according to the real price of that article and if he hikes the price, even if the needy has consented to that price, he must pay the amount exceeding [the real price]. #1850. When a person, to whom a needy is in debt, wants to reckon the indebtness in lieu of Fifth he must, as an obligatory caution, give him the Fifth and then the needy return it to him in lieu of his debt. But if it is with the permission of the religious ruler this caution is not necessary. #1851. The needy cannot get the Fifth and bestow it back to the owner but when there is a person who owes a large amount of Fifth and has become poor and there is no hope of him getting rich again and he does not want to be obligated to those entitled to Fifth, there is no concern if the needy consents to getting the Fifth and bestowing it back to him. #1852. If, for Fifth, he enters into a reversed indebtness transaction with the religious ruler or his representative or a Master and wants to pay the Fifth in the coming year he cannot deduct [it] from the profits of that year. For example, if he owes 1000 tomans by reversed indebtedness and his next year's profit exceeded his expenses by 2000 tomans he must pay the Fifth of the 2000 tomans and pay the 1000 tomans of Fifth that he owes from the remainder. PRECEPTS OF ALMS (ZAKAT) #1853. The alms of nine things are obligatory. First, wheat; second, barley; third, dates; fourth, currants; fifth, gold; sixth, silver; seventh, camel; eighth, cows; ninth, sheep. And whoever owns one of these nine things must, observing the condition to be set later on, spend a certain amount of it for one of the purposes which has been prescribed. #1854. Selt, which is a grain as soft as wheat and with properties of barley, has no alms; but for alas, which is like wheat, and is the staple for people of Sana' [yemen], alms must be paid, as an obligatory caution. CONDITIONS UPON WWCH ALMS BECOME OBLIGATORY #1855. Alms becomes obligatory whenever a belonging reaches a taxable limit, (to be given later) and the owner has reached puberty, is sane and is free and can take charge of that property. #1856. One must pay the alms of cows and sheep and camels and gold

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and silver twelve months after their ownership. But from the beginning of the twelfth month he cannot take charge of the property such that he loses that property, and if he did he is responsible; and in case in the twelfth month some of the conditions of alms are lost involuntarily he is not obligated to pay alms. #1857. If an owner of cows and sheep and camels and gold and silver reaches puberty during the year he is not obligated for alms. #1858. The alms of wheat and barley becomes obligatory when they are referred to as wheat and barley and the alms of currant becomes, caution-wise, obligatory when it is unripe and when dates are slightly' dry such to call them tamr, its alms becomes obligatory. But the time for paying the alms of wheat and barley is that of harvesting and separating the straws from them and the time for dates and currants is when they have become dry. #1859. If the owner has reached puberty by the time the alms of wheat and barley and currants and dates, mentioned in the previous problem, becomes obligatory, he must give their alms. #1860. When the owner of cows and sheep and camels and gold and silver is insane throughout a year he is not obligated for alms. #1861. When the owner ofcows and sheep and camels and gold and silver is drunk or unconscious for a part of the year he will not be exempt from alms and the same holds if he is drunk or unconscious at the time when the alms of wheat and barley and dates and currants become obligatory. #1862. Property which has been usurped, and cannot be taken charge of, has no alms. Similarly, ifthey usurp a farm from him and it remains in the hands of the usurper when its alms become obligatory it has no alms when it is returned to the owner. #1863. If he borrows gold and silver or anything for which alms is obligatory and keeps it for one year he must pay its alms and nothing is obligatory to the lender.

ALMS OF WHEAT AND BARLEY AND DATES AND CURRANTS #1864. The alms of wheat and barley and dates and currants become obligatory when they reach the taxable limit and their limit (nesab) is 288 mans of Tabriz less 45 mesghals, which is the same as 847.207 kilograms. #1865. If he and his dependents eat from the grapes and dates and barley

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and wheat whose alms have become obligatory or, for example, give some of it to the poor, he must give the alms of what he has consumed. #1866. When after the alms of wheat and barley and dates and grapes become obligatory the owner dies they must give the amount of the alms from his assets. But if he dies before the alms become obligatory each of the inheritants whose share reaches the limit must give the alms for his share. #1867. Whoever is given responsibility for collecting the alms by the religious ruler can call for the alms at the time of harvesting, when the wheat and barley is being separated from the straw and after the dates and grapes have been dried. And if the owner does not pay and the thing whose alms become obligatory has perished he must. compensate for it. #1868. If after owning palms and vines or wheat and barley farms their alms become obligatory, for example, if the dates become yellow or red on his property, he must pay its alms. #1869. If he sells the farm and the trees after the alms of wheat and barley and dates and grapes become obligatory, he must pay their alms. #1870. Nothing is obligatory for a person who buys wheat or barley or dates or grapes knowing that the seller has paid the alms or doubting whether or not he has paid the alms. And if he knows that he has not paid its alms, and in case the religious ruler does not permit a transaction involving the amount subject to the alms, the deal is void as it relates to that portion and the religious ruler can demand the amount of alms from the buyer. And if he permits the transaction involving the amount of alms then that deal is correct and the buyer must give the religious ruler the price of that amount and in case the price of that amount has been given to the seller he can get that back from him. #1871. If the wet weight of wheat and barley and dates and currants reaches 288 mans less 45 mesghals, and it becomes less than that after drying, there is no obligation for alms. [1 man equals 3 kilograms.] #1872. If he consumes the wheat and barley or dates before they dry there is no obligatory alms for them even though their dry weight amounts to the taxable limit but it is very felicitous if he, cautiously, gives their alms. #1873. For the dates which are eaten fresh and it diminishes greatly if it stays, alms are obligatory in case their dry weight reaches 288 mans less 45 mesghals. #1874. There is no alms for the wheat and barley and dates and currants of which he has paid alms even though they stay with him for several years. -246-

#1875. If the wheat and barley and dates and grapes are irrigated by water from rain or a river or if, like the farms in Egypt, he uses the ground moisture the alms is one of every 10, and if irrigated by buckets and the like alms are one of every 20, and if he uses sonie rain or river or ground moisture as well as irrigation with buckets and the like, by an equal amount, the alms for half of it is one of every 10 and that for the other half is one of every 20; that is, three out of each 40 parts is given as alms. #1876. If wheat and barley and dates and grapes are watered by rain or the like as well as with the use of buckets and the like the alms is one in 20 if it is said that it was watered by bucket and not by rain and it is one in 10 if it is said that it was watered by rain and not by bucket. #1877. If he doubs whether the irrigation was with rain or with bucket his obligation is one in 20. #1878. If wheat and barley and dates and grapes are watered by rain or a river and does not need watering by bucket but is nevertheless irrigated by bucket-water, as an example, and the latter does not increase the productivity, its alms is one in 10. And if it is watered by buckets and the like and does not need water from rain or a river but it is also irrigated by water from a river or rain without an increase in productivity, its alms is one in 20. #1879. If a farm is irrigated by bucket and the like and the farm next to it makes use of the moisture of the land and does not need irrigation the alms for the farm watered by bucket is one in 20 and alms for the farm next to it is one in 10. #1880. From the product he can deduct the expenses incurred for wheat and barley and dates and grapes and even the amount depreciated from the price of instruments and clothing as a result of farming. And in case it reaches 288 mans less 45 mesghals before these deductions he must pay the alms of its remainder. #1881. He can count as expenses the price of the time in which he sowed the seeds for farming. #1882. When the land and the farming tools or one of these is his own he must not count the rental of them as an expense. Similarly, work done by himself or done by others free of charge are not deductible. #1883. If he buys date and grape trees their price is not among expenses but if he buys dates and grapes before they are picked from the trees the money used is counted as expenses. -247-

#1884. If he purchased land and grew wheat or barley on it the money paid for the purchase is not included among the expenses, but if he buys the farm the money paid can be counted as an expense and be deducted from the product. ~ut he must deduct the price of straw obtained from it from the money he paid for the farm. For example, if he bought a farm for 500 tomans and the price of its straw came to 100 tomans, he can only count 400 tomans as expenses .. #1885. If a person who can farm without a cow and those other things necessary for farming purchases those he must not count the money paid for them as expenses. #1886. When a person who cannot farm with a cow and other things necessary for farming buys these and incurred a total loss of them due to farming he can deduct the entire price of them as expenses and if their prices depreciate by a certain amount he can count that amount as an expense. But if after farming no depreciation occurs he must not include any of their prices as expenses. #1887. If he sows barley and wheat in land together with things like rice and beans, which are not subject to alms, the expense incurred for each of these goes into their respective accounts. But if his expenses involved both of them he must divide that between the two of them. For example, if they were both of equal size he can deduct half of the expenses from the commodity which is subject to alms. #1888. If in the first year he does something like plowing, although useful in years to come, ~e must deduct the expense of it in the first year but if he does the act for several years he must divide it between them. #1889. If one has wheat or barley or dates and grapes in several cities which differ in season, and their farming and fruits do not arrive at the same time, and if all these are counted as products of one year he must give the alms of each as they arrive when each thing reaches the taxable limit of 288 mans less 4S mesghals and pay the alms of the remainder when it arrives. And if what comes first does not reach the limit he waits until the remainder arrives. Thus, if together they reach the limit alms is obligatory and if it does not reach the limit no alms is obligatory. #1890. If the date or grape trees come to fruit twice in one year alms is cautiously obligatory when the total amount reaches the taxable limit. #1891. There is no concern when one who has a certain amount of fresh dates or grapes which, if dry, it would reach the taxable limits, give to the poor, as alms, from its fresh and an amount equal to the obliga-

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tory amount of alms, were it to dry. #1892. If he is obligated for the alms of dried dates or currants he cannot give their alms by fresh dates or grapes. Similarly, if he is obligated for the alms of fresh dates or grapes he cannot give their alms by dried dates or currants. But there is no concern if he gives one of these, or something else, with the intention of the price of the alms. #1893. When a debtor who possesses an asset which is subject to alms dies they must first give the entire alms from the property for which alms was obligatory and then pay his debts. #1894. When a debtor who also possesses wheat or barley or dates or currants dies and the inheritants pay his debts from other assets before the alms of these becomes obligatory, each whose share reaches 288 mans less 45 mesghals must pay alms. And if they do not pay his debts before the alms of these have become obligatory it is not obligatory to pay their alms if the dead person's assets only amount to what he owes. And if his assets are more than his debts but the latter is so large that full payment to the creditor necessitates giving some of the wheat and barley and dates and grapes there is no alms on what is given to the creditor and the rest remains for the inheritants; each of which, whose share reaches the limit, must give its alms. #1895. When there are both good and bad kinds of wheat and barley and dates and grapes whose alms have become obligatory he must give the alms of each good and bad kind from the respective item and he cannot give from the bad kind as alms for all of it.

[TAXABLE] LIMITS FOR GOLD #1896. Gold has two taxable limits; the first is for 20 religious mesghals with each mesghal amounting to 18 peas. Thus, whenever gold reaches 20 religious mesghals which is equal to 15 customary mesghals, and if it also has the other conditions which were mentioned, one must give its alms which is 1/40 of it (which is nine peas) as alms and if it does not reach that amount no alms is obligatory. The second limit of it is four religious mesghals which becomes three customary mesghals. Thus if three mesghals are added to 15 mesghals he must give 1140 of it as alms for the entire 18 mesghals. And if less than three mesghals are added he must only pay alms for 15 mesghals of it and the rest is not subject to alms. The same holds for bigger amounts. Thus, if three mesghals are added he must give alms for the whole thing and if less is added the added amount has no alms.

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LIMITS FOR SILVER

#1897. Silver has two limits; the first of which is 105 customary mesghals which, when silver reaches 105 mesghals, and has the other conditions mentioned previously, one must give 1140 of it as alms which is two mesghals and 15 peas and if it does not reach that amount no alms is obligatory. And its second limits is 21 mesghals. Thus, if 21 mesghals are added to the 105 mesghals he must give alms for the entire 126 mesghals as mentioned before and if less than 21 mesghals are added he must only pay alms for the 105 mesghals and there is no alms fN the additional amount. The same holds for further additions. Therefore, one must pay alms for the entire amount when 21 mesghals are added and there is no alms applying to the added amount which is less than 21 mesghals. Therefore, if one gives one out of every 40 of all his gold and . silver he has given the alms obligatory for him and, at times, has paid more than the obligatory amount. For example, when a person who has 110 mesghals of silver gives 1I 40 of it as alms he will have paid obligatory alms for 105 mesghals of it as well as some for the remaining 5 mesghals, which was not obligatory. #1898. A person whose gold or silver amounts to the taxable limit, even if he has paid its alms, must give its alms on a yearly basis as long as it has not fallen below the first limit. #1899. The alms of gold and silver becomes obligatory in case that they were in coins and are used as currency and their alms must be paid even if the insignia has been rubbed off. #1900. The coined gold and silver used as ornament by women are not subject to alms even if they are current. #1901. Whenever a person's gold and silver does not reach the first limit, for example, if he has 104 mesghals of silver and 14 mesghals of gold, he is not obligated to give alms. #1902. As mentioned before, the alms of gold and silver are obligatory when one owns a taxable amo~nt of it for 11 months, and if his gold and silver dwindle to less than the first limit within that period no alms are obligatory for him. #1903. If during the 11 month period he exchanges his gold and silver with gold or silver or something else, or if he melts them, he is not obligated for the alms but if he does these in order to escape payment of alms he must, as a recommended caution, pay the alms. #1904. If he melts the gold and silver money in the twelfth month he -250-

must pay their alms and in case their weight or price diminishes because of melting he must pay the alms which were obligatorily due before the melting. #1905. If his gold and silver varies in quality he can pay the alms of each one from the respective stock but it is better if he pays the entire alms from the good gold and the good silver. #1906. The gold and silver which contain more than the usual amount of another metal is subject to alms whenever their pure part reaches the afore-mentioned limit. And if one doubts whether or not the pure component has reached the limit no alms are obligatory. #1907. If his gold and silver is mixed with the customary amount of another metal he cannot give its alms from gold and silver which contains more than the customary amount of another metal. But there is no concern if he pays enough of it such that he is certain that the amount of the pure gold and silver equals the amount of alms [for payment of] which he is obligated. ALMS OF CAMELS AND COWS AND SHEEP #1908. Two other conditions apply to the alms of camels and cows and sheep beside those mentioned before. First, that the animal does no work for the entire year and if it works for even one or two days its alms is obligatory, by way of caution. Second, that he pastures on the desert's grass for the entire year. Thus, if he eats mowed grass or pasture on the owner's farm or that of someone else for a whole or part of the year it is not subject to alms. However, if once a year it eats from the owner's grass for a day or two it is, caution-wise, subject to alms. #1909. If one buys or rents for his camels or cows or sheep a pasture which was not developed by man, or if he pays a tribute for the use of such pasture, he must pay alms. LIMITS FOR CAMELS #1910. Camels have twelve limits. First, five camels whose alms is one sheep and camels are not subject to alms until they reach this amount. Second, 10 camels whose alms is two sheep. Third, 15 camels and its alms is three sheep. Fourth, 20 camels and its alms is four sheep. Fifth, 25 camels and its alms is five sheep. Sixth, 26 camels and its alms is one camel which has entered her second year.·Seventh, 36 camels whose alms is one camel which has entered her third year. Eight, 46 camels whose -251-

alms is one camel which has entered her fourth year. Ninth, 61 camels whose alms is one camel which has entered her fifth year. Tenth, 76 camels whose alms is two camels which have entered their third year. Eleventh, 91 camels whose alms is two camels which have entered their fourth year. Twelfth, 121 camels or more in which case he must reckon in sets of forties and give a camel which has entered her third year for each set of 40 camels. Or, he must ~ount in sets of 50 and give for each set a camel which has entered her fourth year. Or, he must calculate in sets of 40 and 50. In any case he must reckon such that nothing remains or what remains is not more than nine camels. For example, in case that he has 120 camels he must give two camels which have entered their fourth year for the first 100 and give one which has entered her third year for theremaining 40 camels. • (*The alms' camel must be female.) #1911. The alms of what comes between the two taxable limits is not obligatory. Thus, if the number of his camels exceeds the first limit of five he must pay the alms for five camels as long as the number has not reached that of the second limit which is 10. The same holds for the other limits. LIMIT FOR COWS #1912. Cows have two limits, the first of which is for 30 cows. Thus, when their number reaches 30 and if it has the other conditions mentioned one_ must give a calf, which has entered the second year, as alms. The second limit is 40, the alms for which is a female calf which has entered her third year and the alms for what comes between 30 and 40 is not obligatory. For example, a person who has 39 cows must only pay alms for 30 of them. Similarly, if he has more than 40 cows he must only pay alms for 40 as long as they have not yet reached 60 in number. And when they get to 60 be must give two calves which have entered their second year, since he now possesses twice that of the first limit. The same holds for even higher figures for which alms must be given according to the instructions given, using sets of 30 or 40 or 30's and 40's for reckoning. But he must do the reckoning such that either nothing remains or if it does it is no more than nine. For example, if be has 70 cows he must use 30 and 40 as the method and give the alms for 30 and for 40 of them because if he reckons by 30's there remain 10 whose alms will not have been paid. LIMITS FOR SHEEP #1913. Sheep have five limits. First is 40 whose alms are one sheep and -252-

there are no alms for sheep until their number reaches 40. Second, is 121 sheep whose alms are two sheep. Third, is 201 sheep whose alms are three sheep. Fourth, 301 whose alms are four sheep. Fifth, 400 or more sheep whose alms must be reckoned as one for each 100 sheep. And it is not necessary that one gives the alms from those very sheep; thus it suffices if he gives some other sheep, or if he gives money in accordance to the price of the sheep, but if he wants to give another commodity it is of no concern provided that it is better for the poor that way.

#1914. The alms of what occurs between two limits is not obligatory. Thus, if a person's sheep number more than the first limit of 40 he must only pay alms for 40 sheep as long as their number has not reached the second limit of 121 and the excess has no alms and the same holds for other limits. #1915. The alms of camels and cows and sheep which have reached their limits are obligatory whether all of them be males or females or some are males and others are females. #1916. For alms, cows and buffalos are counted as one kind as are Arabic camels and non-Arabic camels. Similarly, there is no difference between goats and ewes and one year old lambs, for alms purposes. #1917. If he gives sheep as alms it must have at least entered its second year and if he gives a goat it must have reached its third year. #1918. There is no concern if the price of the sheep he gives as alms is slightly less than the price of his other sheep but it is better that he gives a sheep whose price is more than that of the rest of his sheep and the same holds for cows and camels. #1919. When several people are in partnership, each one whose share

has reached the first limit must give alms and there is no alms obligatory for the person whose share is less than the first limit.

#1920. When one has cows or camels or sheep in several places, which together reach the limit, he must give their alms. #1921. Even if his cows and sheep and camels are ill and defective he must give their alms. #1922. If all his cows and sheep and camels are ill or defective or old he can give the alms from those, but if they are all healthy and sound and young he cannot give an ill or defective or old as alms. Further, when some of them are healthy and others ill and a group of them defective and others sound and some old and others young he must, as an obligatory caution, give as their alms [from] the healthy and sound and young. -253-

#1923. If before the end of the eleventh month he exchanges his cows and sheep and camels with other things or if he swaps a limit of what he has with another limit of the same commodity, for example, he gives 40 sheep for 40 others, he is not obligated for alms. #1924. When a person who must give alms for his cows and sheep and camels does so from his other assets he must give alms yearly, and if he gives it from the commodity itself and it becomes less than the first limit no alms is obligatory. For example, when a person who has 40 sheep gives alms from his other assets he must yearly give a sheep as long as his sheep are not less than 40 in number and if he gives from them no alms are obligatory for him as long as they have not reached 40. THE USE OF ALMS #1925. One can use the alms for eight situations. First, the poor; and that is a person who does not have the yearly expenses for himself and his dependents, and a person who has an industry or property or capital and can pay for his yearly expenses is not a poor. Second, the indigent who is a person who has it more difficult than a poor. Third, a person who, on behalf of the Imam (salutations to Him) or his deputy is in charge of collecting, keeping and accounting for the alms as well as getting it to the Imam (salutations to Him) or to his deputy or to the poor. Fourth, those infidels who, if given alms, will become inclined to the religion of Islam or will help Moslems in case of a war. Fifth, the buying of slaves and freeing them. Sixth, a debtor who cannot pay his debts. Seventh, the way of God; meaning a work such as building a mosque which has a public religious profit, or building a bridge or repairing a road the profits of which reach all Moslems and anything else which is good for Moslems in any way. Eighth, "Son of the Road"; meaning a traveller who has become helpless on the road. And the precepts of these will be mentioned in the coming problems. #1926. It is an obligatory caution that the poor and the indigent do not get more than the yearly expenses of themselves and their dependents and, if he has some money or a commodity, he gets alms only by the amount he is short of for his yearly expenses. #1927. A person who has had his yearly expenses and spends a certain amount of it and then doubts whether or not the remainder suffices his yearly expenses cannot receive alms. #1928. A craftsman or an owner or a merchant whose income is less -254-

than his yearly expenses can receive alms and it is not necessary to spend his working tools or property or capital towards meeting his expenses. #1929. When a poor who does not have the yearly expenses for himself and his dependents has a house of his own in which he resides or has something on which to ride he can receive alms if he cannot live without those items, albeit for face saving. The same applies for household appliances and dishes and clothing of summer and winter and other things. And a poor who does not possess those can buy them from alms if he needs them. #1930. A poor for whom learning a craft is not difficult must, as an obligatory caution, learn and not live on alms but he can receive alms as long as he is learning. #1931. One can give alms to a person who has been poor before and states 'I am poor', even though one does not fmd certainty in his statement. #1932. One can give alms to a person who says 'I am poor' and who has not been poor before or it is not known whether or not he has been poor, but one suspects that he is poor from his appearance. #1933. A person who must give alms and is a creditor to a poor can count the accounts receivable towards alms. #1934. When· a poor person dies one can count the amount of his in· debtedness towards alms. #193S. It is not necessary that one tells a poor the fact that what he is being given is alms. Further, it is recommended that one gives it, nominally and without it becoming a lie, as a tribute if it was to bring shame to the poor; but he must intend it as alms. #1936. If one gives alms to another on the supposition that he is poor and then learns that he was not or if, due to lack of knowledge of the problem, he gives alms to a person knowing that he was not a poor he must, if the thing given is extant, take it back from him and give it to the poor. And if the thing has been lost and the recipient knew that it was alms, or that it was likely to have been alms, one must get a recompense from him and give it to the poor. But if he gave under a title other than alms he cannot get anything back from him and he must give alms to the poor from his own assets, and in every case one can give the alms from his own assets and not seek it from whoever received it. #1937. A debtor who cannot pay his debt can receive alms in order to pay his debts even though he may have his yearly expense, but he must

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not have spent the borrowed money in sins or if he has done so he must have repented from that sin, in which case he can be given from the poors' share. #1938. If one gives alms to a debtor who cannot pay his debts and later learns that the person had spent the loan in sins he can count whatever he gave as alms if the debtor is poor but if the latter had spent it in drinking wine or in flagrant sinfulness and has not atoned his sins he must, as an obligatory caution, not put the thing he gave him towards alms. #1939. One can count towards alms the debt of anyone who owes him but cannot pay his debt, even if the debtor is not poor. #1940. A traveller who has run out of money or has lost his ride can receive alms, even if he is not poor in his own country, provided that his trip was not a sin-trip and that he cannot get to his destination by borrowing or by selling something. But if he provides his travelling expenses by borrowing or by selling something in another place he can only receive alms by an amount which can take him to that place. #1941. After reaching his country [hometown] a traveller who had been helpless on a trip and had received alms must return the remainder, if any, of the alms to the religious ruler and tell him that that thing is alms, in case he cannot get the remainder to the owner or to his deputy wi.thout difficulty.

THE CONDmONS OF THOSE WHO DESERVE ALMS #.1942. A person who ~:eceives alms must be a Twelver Shiite and if the Shiite-ness of a person becomes established by religious manner and he is given alms only to have the alms wasted and later it becomes known that he had not been a Shiite, it is not necessary for him to give alms anew. #1943. When a child or an insane from Shiites is poor, one can give alms to his guardian with the intention that whatever he gives becomes that of the child or the insane. #1944. If he has no access to the guardian of the child or the insane he himself or a trustee can spend the alms for the child or the insane and they must solemnly intend alms when spending the alms for them. #1945. One can give alms to a poor who begs but one cannot give alms to a person who spends it in sins. #1946. It is an obligatory caution not to give alms to a person who openly commits a grave sin. -256-

#1947. One can give alms to a debtor who cannot pay his debt even if one is also obligated to pay his expenses. But if a wife has borrowed for her own expenses the :Rusband cannot pay her debts from alms. Further, and as an obligatory caution, if someone else, for whose expense one is obligated, borrows in order to pay expenses one must not pay those debts from alms. #1948. One cannot pay from alms the expenses of those whom he is obligated to support, such as his own children. But if he does not pay their expenses others can give them alms. #1949. There is no concern if one gives alms to his son to be spent for the latter's wife and servant and maid. #1950. If the son is in need of religious scientific books the father can give him alms for the purchase of those books. #195 1. The fat:her can give alms to his son to get a wife for himself and the son, too, can give his alms to the father so that he gets a wife. #1952. One cannot give alms to a woman whose husband either pays her expenses, or that he does not pay the expenses but the wife forces him to pay the expenses. #1953. The husbant:l, and others, can give alms to a woman who has entered into a concubinage (seegheh) if she is poor. However, if in the contract the husband assumes her expenses, or if he is obligated for the expenses for any other reason, that woman cannot receive alms if he can pay her expenses, or if the woman can force him to do so. #1954. A wife can give alms to her poor husband even though the husband spends the alms towards the expenses of that woman. #1955. A Master sannot receive alms from a non-Master. However, if the Fifth and other funds are insufficient for his expenses and he is helpless in accepting alms he can receive alms from a non-Master. But, as an obligatory caution and if possible, he must only ask for the amount he has to have for daily expenses. #1956. One can give alms to a person who is not known whether he is a Master, or not. THE SOLEMN .INTENTION FOR ALMS #1957. One must give alms with the intention of closeness, that is for carrying out the God of the world's command and while resolving he must determine whether what he is giving is the alms of properties or the -257-

alms of Fitr. But, if, for example, he is obligated for the alms of wheat and barley it is not necessary to declare [to himself] that what he gives is the wheat's alms or the barley's alms. #1958. When a person who is obligated for alms on a number of assets gives some alms without designating any of those items in intention, what he gives will be counted as alms for that item which is of the same kind as the alms. And if it is not of the same kind as any of the items it will be divided among them. Thus, when a person who is obligated for the alms of 40 sheep and 15 mesghals of gold gives one sheep as alms, and does not resolve as to any of those, it will be counted as alms for the sheep. But if he gives some silver it will be divided towards the alms which he owes for the sheep and the gold. #1959. If he deputizes someone to pay the alms of his property it is suf.. ficient that the deputy makes the solemn intention for alms when he gives it to the poor. #1960. If the owner or his deputy gives the alms to the poor without the intention for closeness and the owner himself makes the solemn intention for alms, before the loss of that property, it will be reckoned as alms. MISCELLANEOUS PROBLEMS OF ALMS

#l961. One must give the alms to the poor or separate it from his belongings at the time of separating the wheat and the barley from the straw or when the time comes for drying the dates and grapes. And he must give the poor. or separate from his assets, the alms of gold and silver and cows and sheep and camels after the twelfth month has ended. But if he is waiting for a particular poor, or wants to give to a poor who is preferable from some point of view, he can refrain from keeping the alms separately. #1962. It is not necessary that he give the alms to those who are entitled to it immediately after its separation. But if he has access to a person eligible for receiving alms it is a recommended caution that he does not postpone giving the alms. #1963. When a person can deliver alms to the needy but he does not do so, and it perishes as a result of the lapse, he must compensate for it. #1964. When a person who can deliver alms to the needy does not do so and it perishes, but not through his fault in guarding it, he must give a recompense if he had postponed the giving of alms so that it can not be -258-

said of him that he gave the alms immediately. But if he did not postpone it by that amount but by, say, two or three hours and it had perished in those two or three hours he is not obligated for anything if no needy had been present, and if there had been a needy person he must, as an obligatory caution, compensate for it. #196S. If he puts the alms aside from the property he can take charge of the rest of it and if he lays the alms aside from some other of his property he can take charge of the entire property. #1966. One cannot take in for oneself an alms which has been put aside and replace it with something else. #1967. If he obtains profit from the alms which had been laid aside, such as when a lamb is born to an alms sheep, it belongs to the poor. #1968. If there is a needy person present at the time of laying aside the alms it is better that he gives the alms to him unless he has someone in mind to whom the payment of alms is preferable, in some way. #1969. It is not correct that he enters into commerce with the very property that he has laid aside for alms and if he expediently enters into commerce with the alms, and with the permission of the religious ruler, the commercial activity is correct and its profits belong to the alms. #1970. If he gives something such as aims to a poor before the giving of alms has become obligatory for him it will not be reckoned as alms, and after the giving of alms becomes obligatory for him he can reckon what he gave to him towards alms, if what he gave has not perished and the poor has remained poor. #1971. When a poor, who knows that alms has not become obligatory for a person, receives something from him as alms and it goes to waste with him, he is responsible. Thus, when a person becomes obligated for alms he can reckon towards alms the equivalent of what he gave to him, if the poor has remained poor. #1972. When a poor does not know whether or not a person is obligated for alms receives something as alms, and it goes to waste with him, he is not responsible and one cannot reckon its equivalent towards alms. #1973. It is recommended that one gives the alms of cows and sheep and camels to those poors who are honorable and that, in giving alms, he gives preference to his relatives as opposed to others, to those who are of [religious] science and accomplishments as opposed to those who are

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not, and to the non-beggars as opposed to those who beg. But if giving alms to a particular poor is to be preferred for some other reason it is recommended that he give the alms to him. #1974. It is better that one gives alms openly, and recommended charities secretly. #1975. When there is no needy person in the city where he wants to give the alms nor can he spend the alms for a different use from which it was designated he must take the alms to another city to be used as alms, if there is no hope that he may find a needy later on, but the expense of taking it to another city is upon himself and he is not responsible for the wasting of the alms. #1976. If there are needy persons in his city he can take the alms to another city but he must pay for the transportation from his own pocket and he is responsible if the alms gets wasted, unless he had the permission of the religious ruler for the transfer. #1977. He himself pays for the wages involved in weighing and measuring the wheat and barley and currants and dates which he gives as alms. #1978. A person who owes alms by the amount of two mesghals and 15 peas of silver or more can give to one poor an amount which is less than two mesghals and 15 peas of silver. And similarly, if he owes things other than silver such as wheat and barley, the price of which reaches that of two mesghals and 15 peas of silver, he can also give less than that amount to one poor. #1979. It is loathesome for a person to ask a needy to sell the alms that was given to him by that person. But if the needy wants to sell what was given to him, and after he has priced the item, the one who gave the alms has the right of purchase before others. #1980. If he doubts whether or not he paid the alms for which he was obligated he must give the alms even though his doubt relates to the alms of past years. #1981. A poor cannot compromise alms to [something] less than that of its amount, nor can he accept something as alms which is priced higher than its worth, or take the alms and give it back to the owner free of charge. But for a person who owes a lot of alms and has become poor and cannot pay the alms and has no hope of getting rich the poor can take the alms from him and give it back to him gratuitously, in case the person wants to atone.

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#1982. One can buy and endow a Koran or a religious book or a book of invocation from alms, even if endowed to one's own children and to persons whose expenses are obligatory for him. Similarly, one can assign himself or his children to the endowment's trusteeship. #1983. One cannot buy .property with alms and endow it to his children, or to those for whose expenses he is obligated, such to spend its income towards their expenses. #1984. A poor can receive alms for going to Haj [Mecca] and for pilgrimage and the like, but he cannot receive alms if he has obtained alms amounting to his yearly expenses. #1985. When an owner authorizes a poor to give the alms of his property [on his behalf] he cannot take away something for himself from it if the poor finds it likely that the owner's intention was that the poor himself does not take from the alms. And if he is certain that that was not the owner's intention he can take out for himself, as well. #1986. If_the poor receives camels and cows and gold and silver as alms he must give their alms if they accumulate those prescribed conditions under which alms become obligatory. #1987. When two persons share a property for which alms has become obligatory (and one of them gives the alms for his share) and they then divide the property; there will be a concern in his taking charge of his own share, in case he knew that his partner had not paid the alms of his share. #1988. When a person owes Fifth or alms and is also obligated for expiations and avowals and the like, and is also in debt, he must, in case he can not give all of them and the property for which Fifth and alms has become obligatory has not been lost, give Fifth and alms, and if it has been lost he can give Fifth or alms or pay the expiation and avowals and debts and the like. #1989. In case a person who owes Fifth or alms and is obligated for avowals and the like, and is also in debt, dies and his assets are not enough for all those they must give Fifth and alms if the property for which Fifth and alms has become obligatory is not lost, and the remainder of the property is divided between the other thing for which he was obligated. And if the property for which Fifth and alms has become obligatory has been lost they must divide his assets between Fifth and alms and debts and avowals and the like. For example, if he is obligated for 40 tomans of Fifth and owes 20 tomans to somebody and all his -261-

assets are 30 tomans they must give twenty tomans towards Fifth and I 0 tomans towards his debt. #1990. In case a person is acquiring knowledge, and if he does not study he can earn ~ living for himself, he can receive alms if acquiring that knowledge is obligatory or recommended. And there is concern in giving him alms when acquiring that science is neither obligatory nor recommended.

ALMS OF FAST-BREAKING (FITR) #1991. A person who has reached puberty and is sane and conscious on the sunset of the night before the festivity of Fitr, and who is neither poor nor a slave of someone else must give, for himself and for each of those who eat bread off him, one sa' (which is approximately three kilograms) of wheat or barley or dates or currants or rice or maize and the like to a needy and it suffices if he gives the equivalent of one of these in money. #1992. Giving the alms of fast-breaking (Fitr) is not obligatory for a person who is poor, evidenced by the fact that he does not possess the yearly expenses of himself and his dependents and has no job by which to earn the yearly expenses of himself and of his dependents. #1993. One must give the alms of fast-breaking of those who are considered his bread-eaters on the sunset of the night before the festivity of Fitr, be they small or grown-up, Moslems or infidels, be obligated for their expenses or not and whether or not they reside in his own city or in another. #1994. When one deputizes another, who is his bread-eater and lives in another city, to give his own alms of fast-breaking from his assets it is not necessary for him to give the latter's alms of fast-breaking, if one is certain that he will give the alms of fast-breaking. #1995. It is obligatory to give the alms of fast-breaking for a guest who has entered a house with the owner's consent prior to the sunset of the night before the festivity of Fitr and is counted as one's break-eater. #1996. The alms of fast-breaking of a guest who enters without the consent of a house-owner, and stays with him for sometime, is cautiously obligatory as is the alms of fast-breaking of a person who has forced one to pay for his expenses. #1997. The alms of fast-breaking of a person who has entered after the sunset of the night before the festivity of Fitr is not obligatory for the house-owner even though he had been invited before sunset and he broke his fast at his house. -262-

#1998. If a person is insane or unconscious on the sunset of the night before the festivity of Frtr he is not obligated for the aJms of fast-breaking. #1999. If a child reaches puberty, or an insane becomes rational, or a poor becomes rich before sunset he must give the alms of the fastbreaking in case he meets the conditions in which the alms of fastbreaking become obligatory. 12000. It is recommended that a person who is not obligated for the alms of fast-breaking on the sunset of the night before the festivity of Fitr, gives the alms of fast-breaking if the conditions under which alms become obligatory appear in him before the arrival of noon on the day of the festivity. #2001. No alms of fast-breaking is obligatory to an infidel who became a Moslem after the sunset of the night before the festivity of Fitr. But a non-Shiite Moslem must give the alms of fast-breaking if he becomes a Shiite after the sighting of the moon.

#2002. It is recommended that a person who has wheat or the like

measuring one sa', which is approximately three kilograms, give the alms of the fast-breaking, and in case that he has dependents and he wants to give their alms of fast-breaking as well he can, with the intention of alms, give that one sa' to one of his dependents who in turn and with the same intention gives it to the other and so on down to the last person and it is better that the latter gives what he receives to a person who is not of them. And if one of these is a minor his guardian receives it in lieu of him, and it is cautionary that he does not give to others what he receives for a minor. 12003. It is not obligatory that he gives the alms of fast-breaking for a child born after the sunset of the night before the festivity of Fitr, or for someone who became his bread-eater in that manner; even though it is recommended that he gives alms of fast-breaking for those who become counted as his bread-eaters after the sunset to before noon on the day of the festivity. · ll004. When one who has been a bread-eater of someone becomes the bread-eater of another before the sunset his alms of fast-breaking is obligatory to the person who now provides the bread. For example, when a girl enters the husband's house before sunset her husband must give her the alms of fast-breaking.

noos.

A person for whom someone else must give the alms of fastbreaking is not obligated for his own alms of fast-breaking.

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#2006. When somebody else is obligated for one's alms of fast-breaking and he does not give it, Fitr does not become obligatory to oneself. #2007. When a person whose alms of fast-breaking is obligatory to another himself gives the Fitr the person who was obligated for the Fitr is not absolved from giving it. #2008. When a woman whose husband does not pay her expenses becomes someone else's bread-eater her alms of fast-breaking is obligatory to that person and if she is not another's bread-eater she must give her own alms of fast-breaking, if she is not poor. #2009. A person who is not a Master [a descendent of Mohammed] can~ not give alms of fast-brea~ing to a Master; even if a Master is his breadeater he cannot give his alms of fast-breaking to another Master. #2010. The alms of fast-breaking of a person who is nursed by his mother or a substitute (wet nurse) is upon the person who pays the expenses of the mother or the substitute. But if the mother or the substitute's expenses are paid from the child's assets the latter's alms of fast-breaking is not obligatory to anyone. #2011. Even if one pays the expenses of his dependents from an unlawful asset he must give their alms of fast-breaking from a lawful asset. #2012. When one hires somebody under the condition that he will pay for his expenses, he must also give his alms of fast-breaking if he acts accordingly and he is counted as his bread-eater. But if he conditions to pay the aniount of his expenses, and, for example, pay some money for his expenses, he is not obligated to pay the alms of fast-breaking. #2013. If one dies after the sunset of the night before the festivity of Fitr they must give the alms of fast-breaking for him and his dependents from his assets. But if he dies before the sunset it is not obligatory to give the alms of fast-breaking from his assets for him and his dependents. THE USE OF THE ALMS OF FAST-BREAKING #2014. It is enough to spend the alms of fast-breaking in any of the eight uses mentioned before on alms of property but it is a recommended caution that it be given only to those poors who are Shiites. #2015. If a Shiite's child is poor ·one can spend the alms of fastbreaking for him or give it to him by giving it to the child's guardian. #2016. It is not necessary that a poor who is given the alms of fastbreaking be just but it is an obligatory caution not to give alms of fastbreaking to one who is a wine-drinker or who commits grave sins openly. -264-

#2017. A person who uses the alms of fast-breaking for sins must not receive alms of fast-breaking. #2018. It is an obligatory caution not to give alms of fast-breaking amounting to more than a year's expenses or to less than a sa' (which is approximately three kilograms), to one poor person. #2019. It is not enough to give from a commodity whose price is twice that of the ordinary, such as giving a !h sa', (with its meaning given in the previous problem), from a wheat priced twice that of the ordinary wheat. And there is a concern if he gives it, intended as the price of the alms of fast-breaking. #2020. One cannot give !h a sa' from one thing such as wheat and the other half from another thing such as barley, and there is concern if he gives it intending the price of the alms of fast-breaking. #2021. In giving the alms of fast-breaking it is recommended that he gives preference to his own relatives compared to others, after which come the poor neighbors followed by the people of [religious] science who are poor. But it is recommended that he honors others first, if they are to be preferred for any reason. #2022. If one gives a person the alms of fast-breaking on the supposition that he is a poor only to learn that be was not he can get back from him whatever he gave, if it is not yet lost, and give it to the needy. And if he cannot get it back he must give the alms of fast-breaking from his own pocket; and if it was lost, the receiver who knew or had found it likely that it was alms of fast-breaking must give a recompense, otherwise he is not obligated to give a compensation and one must give the alms of fastbreaking anew. #2023. If someone says that I am a poor he cannot receive alms of fastbreaking unless one is certain or suspects from the appearance that he is poor or one knows that he had been a poor before.

NUSCELLANEOUSPROBLEMS OF THE ALMS OF FAST-BREAKING

#2024. One must give the alms of fast-breaking with the solemn intention for closeness, that is for carrying out the command of the God of the world, and must intend the giving of Fitr when he gives it. #2025. It is not correct to give the alms of Fitr before Ramazan and it is an obligatory caution not to give the alms of Fitr during Ramazan, either. But there is no obstacle in lending to a poor before or during

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Ramazan and counting it as the alms of Fitr, whenever the latter becomes obligatory to him. #2026. The wheat or anything else that he gives as alms of Fitr must not have been mixed with another commodity or with earth. Or, if mixed, the adulterant must be so little so not to deserve attention and if it is more than that it is correct if the net quantity reaches one sa'. But it is not enough to give, for example, one sa' of wheat mixed with several mans of earth, such that extracting it requires an extraordinary amount of work. #2027. It is not enough to give the alms of Fitr from a defective thing, but there is no concern where the food of the majority is defective. #2028. For a person who gives the alms of fast-breaking for several people it is not necessary to give all from the same commodity and it is enough if he, for example, gives wheat as the alms of Fitr for some of them and barley for some others. #2029. A person who lays the prayer of Fitr festivity must, as an obligatory caution, give the alms of Fitr before laying the festivity's prayer. But if he does not lay the festivity's prayer he can postpone giving the alms of fast-breaking until noontime. #2030. If he puts aside an amount of his assets with the solemn intention for the alms of Fitr and does not give it to the poor by the noon of the day of festivity, it is an obligatory caution that he possesses the solemn intention for the alms of Fitr, whenever he gives it. #2031. If he does not give, nor puts aside, the alms of Fitr when it is obligatory to do so, it is an obligatory caution that he later gives the alms without the solemn intention of due (ada) and compensatory (ghaza). #2032. If he puts aside the alms of Fitr he cannot take it for himself or replace it with another asset (for the alms of Fitr). #42033. There is concern when one who has an asset whose price exceeds that of the alms of Fitr does not give the alms of Fitr and solemnly intends that a portion of that asset be for the alms of Fitr. #2034. If what he has put aside for the alms of Fitr incurs a loss he must give a recompense when he has had access to a poor and had postponed giving the Fitr. But he is not responsible in case that he has had no access to a poor unless he had lapsed in preserving the thing. #2035. When there is a needy to be found in his own place he may not, as an obligatory caution, take the alms of Fitr to some other place, and if he did and it is wasted he must give a recompense.

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PRECEPTS OF HAJ (PILGRIMAGE TO MECCA] #2036. Haj is the pilgrimage of God's House and the practice of acts which have been prescribed to be done in that place, and becomes obligatory once in one's lifetime when that person possesses certain conditions. First, that one has reached puberty. Second, that he is sane and free. Third, that as a result of going on Haj he is not forced into doing an unlawful act whose import in religion exceeds Haj itself, or into abandoning an obligatory act which is of more importance than Haj. Fourth, that he can afford the matter and this hinges on several things: first, that he possesses the provisions for the road and those other things that he may need on the road according to his situation and to what has been mentioned in detailed books. Also, that he possesses something on which to ride or have the finances to provide such a ride. Second, that he has the healthy constitution and the ability to go to Mecca and practice the Haj. Third, that there is no obstacle on the road and if there is road blockade, or if one is afraid that he may lose his life and dignity on the road, or that he may be robbed, Haj is not obligatory for him. But if he can go from another route he must go from that road even though it may be longer, provided that it does not entail a lot of difficulty and would not be too much out of the ordinary. Fourth, that he has enough time in order to practice the acts of Haj. Fifth, that he possesses the expenses of . those for whom he is obligated such as that of his wife and child and the expenses of those who people think that paying their expenses is necessary. Sixth, that he has a business or farm or real estate income or another means for making a living, such that he will not be forced to live with hardship once he returns. #2037. For one who cannot make do without owning a house Haj becomes obligatory when he also has the money for a house. #2038. Haj is not obligatory for a woman who can go to Mecca but may not have anything of her own upon her return and, for example, her husband is poor and does not pay for her expenses and is therefore forced to live with hardship. #2039. Haj becomes obligatory for a person who does not have his provisions for the road, nor a beast on which to ride, and another tells him 'you go on Haj and I will pay your expenses and that of your dependents while you are on the trip', if he is sure that the person will pay his expenses. #2040. Haj becomes obligatory for a person who is given, free of -267-

charge, the expenses of going to and returning from Mecca as well as the expenses of his dependents while on the trip providing that he goes on Haj; and he must accept the condition even if he is in debt nor he has the means to live with, upon his return. #2041. Haj becomes obligatory for anyone who is given, without transferring to his name, the expenses of going to and returning from Mecca as well as the expenses of his dependent while on the trip and who is told to go on Haj, in case that he is confident they will not be taken back from him. #2042. Haj does not become obligatory for a person who is given an amount sufficient for Haj providing that he serves the giver on the road to Mecca. #2043. If one is given an amount of property such that Haj becomes obligatory for him and he practices it he is no longer obligated to do Haj whenever he finds assets of his own. #2044. If he travels for commerce, for example to Jiddah, and earns an asset such to make him able to afford a trip to Mecca from there he must practice the Haj and if he does he is no longer obligated to do so even though he later has an asset affording him a trip to Mecca from his own country. #2045. When a person who is hired to practice Haj on behalf of another person cannot do so himself and wants to send someone else on his behalf he must obtain the permission of the person who hired him. #2046. If a person can .afford to practice Haj and does not go to Mecca and becomes poor he must, even if with difficulty, practice Haj later. And if in no way can he go on Haj he must go to Mecca if hired by someone else and practice the Haj for whom he was hired and stay in Mecca until the next year and practice Haj for himself. But if it is possible for him to get hired and receive the wages in cash, and if the person who is hiring him consents to postponing his Haj until the next year, he must in the first year practice Haj for himself and do so for the person who hired him the next year. #2047. If he goes to Mecca in the first year that he can afford it and does not get to Arafat and to Masha'r-al-haram on time Haj is not obligatory for him in the later years if it is unaffordable but if he could have afforded Haj in the years before and had not practiced it he must practice Haj, even if it entails hardship. #2048. If he does not practice Haj in the first year which he can afford -268-

and later on he cannot practice it because of oldness or disease and disability, or he has no hope of practicing Haj later on, he must send someone else on his behalf. Further, if due to oldness or disease and disability he cannot do Haj in the first year that he can afford it is a recommended caution that he send someone else to do the Haj on his behalf. #2049. A person who is hired to practice Haj on someone else's behalf must practice the encircling of Nessa on the latter's behalf, and if he does not do it women become unlawful for the person who was hired. #2050. In case he does not practice correctly the encircling of the Nessa, or he forgets to do it and remembers that a few days later it is correct if he returns while on the road and practices it. THINGS mAT ARE DESIRABLE IN BUYING AND SELLING #2051. Learning the precepts of dealings, to an amount which is needed, is necessary and it is recommended that the seller make no difference between the customers as to the price of commodities and that he does not hold too fast to the price of a commodity and that he accepts the request of a customer for dissolving a deal whenever the latter feels sorry about the deal he has made. #2052. When one does not know whether the deal he made is correct or void he cannot take charge of property he received, but if at the time of dealing he knew its precepts, and doubts after the deal is consummated, there is no concern in his taking charge and the deal is correct. #2053. A person who possesses nothing and is obligated for paying certain expenses such as that of a wife and a child must earn a living and it is recommended to earn income for those recommended acts such as extending the number of [one's] dependents and helping the poor. mE LOATHESOME DEALINGS (transactions)

#2054. The major abominable dealings are as follows: First, selling real estate. Second, butchery. Third, selling shrouds. Fourth, to deal with base people. Fifth, dealing between the morning azan and the onset of sunshine. Sixth, to choose buying and selling wheat and barley and the like as one's occupation. Seventh, entering a deal involving the purchase of a commodity that another person is about to buy. DEALINGS WWCH ARE VOID #2055. A transaction is void in several situations. First, buying and -269-

selling the substance of unclean such as urine and stool and intoxicants, by way of religious decree in some cases and as a matter of caution in others. Second, buying and selling property which has been forcibly seized (extortive) unless the owner gives his permission. Third, buying and selling those things which are not assets. Fourth, dealings which involve those things whose usual benefits are unlawful such as instruments of gambling and music. Fifth, any deal in which usury [interest] is involved. And it is unlawful to adulterate, that is to sell a commodity mixed with something else, in case the latter remains unknown and the seller does not inform the buyer of it, such as the selling of cooking oil mixed with animal fat, an act referred to as "ghash,. It is narrated from the Prophet, salutations of God be to Him and to His family, to have bade: Whoever adulterates in dealing with Moslems or harms them or cheats and tricks them is not from us and whoever adulterates with his Moslem brother God will cut off His blessings for his livelihood and block his way for making a living and leaves him to himself. #2056. There is no concern in selling a clean thing which has become unclean and rinsing it is possible, but if the customer wants to eat that thing the seller must tell him about its uncleanliness. #2057. Whenever a clean thing such as cooking oil and petroleum, which are impossible to rinse, become unclean, the deal which concerns something used for eating, such as cooking oil, is void and the act is unlawful. And there is no concern when they are wanted for a work in which Cleanliness is not a prerequisite, such as when they want to bum unclean petroleum. #2058. As an obligatory caution they must not deal over a medicine, such as wine, which is unclean in substance. But there is no concern in dealing with a medicine whose substance is not unclean when there is a need for it. #2059. There is no concern in dealing with oil and flowing medicines and perfumes which are brought in from non-Islamic countries if their uncleanliness is not known. But oil extracted from an animal after it is dead is unclean and any deal over it is void when obtained in a city of infidels and from the hands of an infidel, and if it is from an animal~hose blood will not spurt in case its vessels are cut. Further, the deal is void even if obtained in a city of Moslems but from the hands of an infidel, unless it is known that the infidel had bought it from a Moslem.

#2060. The buying and selling of the skin of a fox which has been killed

in ways other than that given in the religion, or that it has died on its own, is unlawful and a deal over it is void. -270-

#2061. Buying and selling of meat and fat and leather which comes from non-Islamic countries or those which are taken from the hands of an infidel is void but if one knows that they belong to an animal which was killed according to religious instructions there is no concern in buying and selling them. #2062. There is no concern in buying and selling the meat and fat and leather which is obtained from the hands of a Moslem but if one knows that the Moslem has gotten it from the hands of an infidel, and that he has not investigated whether or not the killing was according to religious instructions, buying it is unlawful and dealings over it are void. #2063. Buying and selling intoxicants is unlawful and dealings over them are void. #2064. The selling of usurped property is void and the seller must return to the buyer the money he got from him. #2065. There is concern in a deal in which the buyer has the intention of not paying for the article which he is buying. #2066. There is concern in a deal in which the buyer wants to pay later for the article from the unlawful and has harbored that intention from the beginning. But the deal is correct if he did not have that intention from the start but he must pay the amount he is indebted from lawful asset. #2067. The buying and selling of instruments of pleasure such as the tar [a Persian musical instrument] and [others], even that of small musical instruments, is unlawful. #2068. If he sells something which can be used lawfully with the intention for its use in an unlawful venture, for example if he sell grapes with the intention that it will be used for wine making, the deal is unlawful and void. #2069. There is no concern in buying and selling statues and soaps or other things over which a statue is engraved. #2070. The purchase of something obtained through gambling or stealing or a void transaction is void and the possession of it is unlawful and whoever buys it must return it to its original owner. #2071. If he sells a cooking oil which is mixed with fat the customer can dissolve the deal in case the seller specifies it, such as when he says that I sell you this cooking oil which amounts to one man. But if he does not specify it and sells one man of cooking oil and then gives from the oil which contains fat, the customer can take it back and demand pure cooking oil. -271-

#2072. If one sells a certain amount of a commodity, which is sold after it is measured with a scale, in exchange for a larger amount of the same thing, as an example, if one sells a man of wheat in exchange for a man and a half of wheat, it is usury and unlawful and the sin of one drachma of usury is greater than that of committing incest 70 times with a relation with whom marriage is unlawful (mahram). Further, if one of the two articles is sound and th~ other is defective or if one of them is of good quality and the other is bad it is still usury and unlawful if what he gets is more than what he gives. Thus, if he gives good copper and takes in broken copper amounting to more than what he gave, or if he gave sadri rice and receives a greater amount of round rice, or if he gives handcrafted gold and receives a greater amount of non-handcrafted (plain) gold, it is usury and unlawful. #2073. If the additional thing that he receives is other than what he is selling, for example, if he is selling one man of wheat in exchange for a man of wheat plus one rial of money, it is still usury and unlawful. Further, even if he does not get anything extra but conditions that the buyer does certain acts for him it is usury and unlawful. #2074. There is no concern when the one who gives the lesser amount adds something to what he gives, such as when he sells a man of wheat plus a handkerchief in exchange for a man and a half of wheat. The same holds when both sides add something, for example, when he sells one man of wheat plus a handkerchief in exchange for a man and a half of wheat plus one handkerchief. #2075. There is no concern if he sells something like cloth, which is sold in meters (or in zar'), or things like walnuts and eggs, which are counted upon dealing, in exchange for more of the same, for example, when he gives 10 eggs and receives 11. #2076. In case of a commodity which is sold by weight or scale in some cities and by counting in others, it is usury and unlawful to receive more of it in the city in which it is sold by weight or by scale, and it is not usury in the other city. #2077. When what he sells and what he receives instead are not the same commodity there is no concern in getting additional amounts. Thus, a deal in which he sold one man of rice and got two mans of wheat is correct. #2078. If what he sells and what he receives instead of it are products of the same thing he must not receive extra when dealing. Thus, if he sells one man of cooking oil and receives a man and a half of cheese if is usury and unlawful. -272-

#2079. In usury, wheat and barley are considered as one commodity. Thus, if he gives one man of wheat and receives a man and five seers of barley in exchange, it is usury and unlawful. Similarly, if he, for example, buys 10 mans of barley in lieu of delivering 10 mans of wheat at harvest time it is like getting something extra, and thus unlawful; since the barley was received in cash and the wheat was to be delivered upon time. #2080. There is no concern if a Moslem receives usury from an infidel who is not under the protection of Islam; and, similarly, father and child and wife and husband can receive usury from one another. CONDmONS FOR SELLER AND BUYER #2081. Six things are conditions for sellers and buyers. First, that they have reached puberty. Second, that they be sane. Third, that the religious ruler has not prevented them from taking charge of their assets. Fourth, that they have the intention of buying and selling; thus, a deal is void if one jestfully says that I sold my property. Fifth, that no one has forced them. Sixth, that they own the commodity and that which is given in exchange for it, or that the control of the asset is in their hands like the situation of a father and his minor offspring; and the precepts of these will be given in future problems. #2082. Any deal with a child who has not reached puberty is void, even though his father or grandfather may have given him the permission to deal. But there is no concern if he is a discerning child and the deal concerns something of low price which is common among children. Similarly, the deal is correct when the child is a means for giving the money to the seller and taking the article to the buyer or for giving the article to the buyer and taking the money to the seller; since, in fact, the deal is between two adults but the seller and buyer must be certain that the child will take the article and the money to· their owners. #2083. If he buys something from a child who has not reached puberty, or sells something to him, he must give the article or the money he took from the child to its owner. Or, he must ask for the owner's consent. And if he does not know the owner and has. no means for knowing him he must donate what he got from the child on behalf of its owner. But if the thing he got belonged to the minor himself he must ~e it to the guardian and, in case of not finding the latter, to the religious ruler. #2084. If someone deals with a minor child and the commodity or the money which he gave to the child perishes, he cannot demand it from the child or his guardian. -273-

#2085. When the buyer or seller is forced into a deal the latter is correct if he consents after the deal and says that I am satisfied. But it is a recommended caution that they repeat the reading of the words (formula) for a deal. #2086. The deal is void whenever a person sells someone else's property without his permission, if the owner would not consent to selling the thing and does not permit it. #2087. A child's father or paternal grandfather can sell the child's property only in the case that it does not cause the child mischief, and, better yet, they should not sell unless it is opportune to do so. But an executor of the father or that of a paternal grandfather and a religious ruler can only sell a child's property when it is in the child's interest to do so. #2088. If someone usurps property and sells it and later the owner sanctions the deal for himself the latter is correct, and it is an obligatory caution that the customer and the owner of the property strike a compromise over the profits involving the article and that of its exchange. #2089. If someone usurps a property and sells it with the intention of appropriating the money for himself the deal is void if the owner does not permit it and there is also concern in the correctness of the deal if the o\vner gives his permission to the usurper.

THE CONDmONS OF mE COMMODITY AND ITS EXCHANGE #2090. A commodity sold and what is received in return has five conditions. First, that its amount be known in weight or scale or count and the like. Second, that they can deliver it. Thus selling a horse which has escaped is incorrect but if an escaped slave is sold together with something deliverable, like a carpet, that deal is correct even though the slave is never found. And in the case other than a slave it is difficult. Third, those features of the commodity and the exchange which make a difference in people's proclivity towards the deal should be kn,own. Fourth, no one [else] possesses a right to the commodity or its exchange. Thus, he cannot sell another person's property held in pawn without the permission of that person. Fifth, and as an obligatory caution, that he sells the article itself and not its profits. Thus, it is not correct if he sells yearly profits of a house but there is no concern if the buyer, instead of money, gives from the profits of his property, such as when he buys a carpet from somebody and leaves him with one year's profit of his house. And the precepts of these will come in future problems. #2091. An article which is sold by weighing or by measuring in a particular city must be bought in that city by weighing it or by measuring it.

-274-

But when the same article is dealt in another city by viewing the article, he can buy it by viewing. #2092. A thing which is bought and sold by weight can also by dealt with by measuring. Thus, if, for example, he wants to sell 10 mans of wheat he can give 10 of a container which measures one man. #2093. If one of the conditions mentioned above does not exist in a deal the latter is void but if the buyer and the seller consent in taking charge of each other's property, there is no concen in their taking charge. #2094. A deal involving something which has been endowed is void unless it is ruined so badly that it cannot be used for the purpose for which it was endowed; for example, there is no concern in selling a mosque's straw mat which is tom so much that they cannot lay prayers on it and the money for it must be used in that mosque towards purposes which are closer to the intention of its endower, if possible. #2095. When there is disagreement among those for whom the property has been endowed such that there is a suspicion that there will be a financial loss or loss of a life, if the endowment property is not sold they can sell that property and use it for a project which is nearest to the intention of the benefactor.

#2096. There is no concern in buying and selling property which is rented to someone else but the use of that property belongs to the renter during the rental period. And if the buyer did not know that the property has been rented or if he had bought it on the supposition that the rental period was short he can call off the deal, once he learns that fact. WORDS (FORMULA) FOR BUYING AND SELLING #2097. In buying and selling it is not necessary to say the words in Arabic. For example, a deal is correct if the seller says, in Persian, 'I sold this property in exchange for this money' and the buyer says 'I accept'. But the buyer and seller must have the intention of declaring; meaning that, with these two sentences, they intend to buy and to sell. #2098. If they do not say the words during the transaction but the seller gives his property to the buyer as his own, in lieu of the property he receives from him, the deal is correct and they both become owners. BUYING AND SELLING OF FRUITS

#2099. Selling of fruit before it is picked from the trees but after the flowers are gone and the seeds are formed, such that it is no longer -275-

susceptible to pest, is correct. Similarly, there is no concern in selling unripe grapes still on the trees. #2100. If they want to sell other fruits which are still on a tree before the falling of their flowers they must sell them together with something else produced from that land such as grasses (vegetables). #2101. There is no concern in selling dates still on the tree when they have become yellow or red in ·color but they must not receive dates instead. But, if somebody has a date tree in somebody else's house or garden there is no concern if the owner of the tree sells it to the owner of the house or garden in exchange for dates provided that the amount of dates have been estimated and that the dates received are no more or less than the estimated amount. #2102. There is no concern in selling cucumbers and eggplants and vegetables and the like, which are picked several times a year, if they have become apparent and it is agreed as to how many times a customer can pick them in one year. #2103. There is no concern in selling the head of wheat and barley, after the closing of their seeds, in exchange for something other than wheat and barley.

CASH AND CREDIT #2104. When a commodity is sold for cash the buyer and the seller can ask for delivery of the article and the money from each other after the deal is struck. Delivering a house and land and the like implies giving them to the buyer such that he can take charge of them. Delivering carpets and clothing and the like implies that they are put under the control of the buyer such that if he wanted to take them to some place else the seller would not prevent it. #2105. In a credit transaction the due-timemust be perfectly clear. Thus, if he sold a commodity and is to receive its money by harvest time the deal is void since the due-time had not been specifically set. #2106. If he sells an article on credit he cannot ask the buyer for the exchange before the due-time, which had been agreed upon, but if the buyer dies and possesses something of his own the seller can ask (demand) the inheritant for the debt before the due-time. #2107. If he sells a commodity on credit he can ask the buyer for its exchange when the agreed upon due-time arrives, but he must give the buyer time if the latter cannot pay. -276-

#2108. The deal is void if he gives someone who has no knowledge of

the price an amount of commodity without telling him its price. But there is no concern in selling on credit and at a higher price to someone who knows the cash price of an article; for example, if he says that I sell you on credit at a price which is 1007o higher than that for cash, and the buyer agrees. #2109. There is no concern if a person, who has sold something on credit and for a known due-time, .reduces the amount due by some amount, for example half way through the due-time, and receives the remainder in cash. PREPAID DEALS

#2110. A prepaid deal is that in which the customer gives the money in order to receive the merchandise at a later date and if he says I give you this money such that,. for example, after six months I get that merchandise, and the seller agrees, that deal is correct as is when the seller takes the money and says I sold that merchandise to be delivered by me in six months. #2111. The deal is void if one sells some money in a prepaid manner and receives money in exchange for it. But, it is a correct deal when he sells merchandise in a prepaid manner and receives another commodity, or money, in exchange and it is a recommended caution that he receives money, and not a commodity, in exchanges. THE CONDITIONS OF A PREPAID DEAL

#2112. Prepaid deals have six conditions. First, is the determination of those specifics which affect a commodity's price, but too much exactitude is not necessary, only enough so that people say its specifics are known. Thus, a prepaid deal on such things as bread and meat and animal skin is void in case that it is not possible to determine the specifics in a way that they are not unknown to the customer, and when the deal involves a risk. Second, the buyer gives the seller the whole price of the item before the two separate from each other, or that the seller owes him an amount equal to the price of the item; in which case it is better that the seller holds the customer as a debtor to the amount equal to the !fiOney for the merchandise. After that the customer tallies the seller's debt against what he owes the seller for the merchandise. And if he gives a portion of the price of the merchandise, although the deal is correct to that amount, (but) the seller can back off from the deal to that amount. -277-

Third, the length of time must be stated perfectly and if, for example, he says that I will deliver the article by the time of harvest, the deal is void since the due~time was not fully set. Fourth, to set a time for the delivery of the merchandise corresponding to a period when there is enough of it around such that they are confident that [the merchandise] will not be unobtainable. Fifth, as an obligatory caution, the place for the delivery of the merchandise be known but there is no need to name the place if the place is evident from their conversations. Sixth, the weight or measure of the item must be stated and there is no concern in prepaid selling of an item which is customarily sold by viewing the commodity but, like the situation with some kinds of walnuts and eggs, the individual differences must be so small that people do not consider them important. PRECEPTS OF PREPAID DEALS #2113. One cannot sell what he has bought on a prepaid basis before the due-time is at hand, and thereafter there is no concern in selling it even though he may not have received the merchandise. #2114. In a prepaid deal the customer must accept the merchandise when the seller delivers what he had agreed to provide. Similarly, the customer must accept the merchandise if the seller delivers something which exceeds the qualities of that which had been agreed upon. But when it is not so it is not necessary that he accepts, such as when he had purchased an ignorant slave and the buyer wants to give him one that is knowledgeable. #2115. The customer can refuse to accept the merchandise when what is delivered by the seller is inferior to what was agreed upon. #2116. There is no concern when the seller gives another commodity instead of what was agreed upon as long as the customer consents to it. #2117. If what was sold in a prepaid manner becomes extinct at the time of delivery and he cannot provide it the customer can wait until it is provided or he can call off the deal and get back what he had given. #2118. A deal is void when he sells a commodity and enters into an agreement for future delivery of the merchandise and get its money sometime in the future, too. mE SELLING OF GOLD AND SILVER TO GOLD AND SILVER #2119. Any deal which involves the selling of gold in exchange for gold -278-

or that of silver for silver, be it coined or uncoined, is unlawful and void if the weight of one is more than that of the other. #2120. A deal involving the exchange of gold with silver or of silver with gold is correct and it is not necessary that they be equal in weight. #2121. When selling gold or silver in exchange for gold or silver the seller and buyer must, before they separate, deliver to the other side the commodity and its exchange, and if they do not deliver any portion of the thing in the agreement that deal is void. #2122. When either the seller or the buyer delivers the entire of what comes in the agreement and the other party delivers a portion of it and they separate from each other; even though the deal on that amount is correct, the person who has not received the entire property can call off the deal. #2123. A deal is void when it calls for the sale of an amount of dirt from a silver mine in exchange for the same amount of pure silver, or that which calls for the exchange of an amount of dirt from a gold mine with the same amount of pure gold. But there is no concern in the sale of silver dirt in exchange for gold or that of gold dirt in exchange for silver in any form. SITUATIONS IN WHICH ONE CAN CALL OFF A DEAL #2124. The right to call off a deal is called khiar and buyers and sellers can call off a deal in eleven situations. First, when they have not yet dispersed from the site of the deal and this option is referred to as the khiar of session. Second, when either has been short-changed; khiar of dupery. Third, when they make it part of the agreement that either or both parties can call off the deal within a specified length of time; khiar of condition. Fourth, when the buyer or seller displays his property in better shape than what it is and does something that enhances its price in the eyes of the public; khiar of cheating. Fifth, when the seller or the buyer conditions to do something or conditions that what he gives will have certain specifications and he does not act accordingly, in which case the other side can call off the deal; khiar of transgressing the condition. Sixth, when the commodity or its exchange harbors a defect; khiar of defect. Seventh, when it becomes known that some of the sold commodity belongs to another person in which case, if its owner does not consent, the buyer can call off the deal or he can get the money for that part from the seller. Similarly, if it becomes known that part of the exchange which the buyer has given belongs to another person, and its owner does not -279-

consent, the seller can call off the deal or he can get its equivalent amount from the buyer; khiar of partnership. Eighth, when the seller has described certain features of an object which the buyer has not seen and it becomes clear that the object is not like what has been described. In that case the customer can call off a deal. Similarly, if the customer has given a description of what he will give in exchange and it become evident that it was not like he said it will be, in which case the seller can call off the deal; khiar of viewing. Ninth, when the customer does not pay the money of a commodity, which he purchased in cash, within three days; in that case the seller can cancel the deal if the delay had not been preconditioned by the buyer nor there had been any condition for delaying the delivery of the merchandise. But in case what he has purchased is like some of the fruits which in case of a one day delay it sustains damage the seller can call off the deal if the buyer does not pay the money by the evening and there has been no condition indicating a delay in payment nor any that indicated delay in delivery of the merchandise; khiar of delay. Tenth, when he has bought an animal in which case he can call off the deal within a three day period; khiar of animal. Eleventh, when the seller cannot deliver what he has sold; such as when the horse that he has sold has escaped, the customer can call off the deal; khiar of excused delivery. And the precepts of these will be stated in future problems. #2125. If the buyer did not know the price of a commodity, or if he lapsed at the time of dealing and bought it at a price higher than what is usual, he can call off the deal in case he has bought it so dear that people consider him as having been duped and they find it of importance as to whether [its price] is low or high. Similarly, if the seller does not know the price of an article, or he lapses at the time of the deal, and sells it cheaper than its price he can call off the deal in case people find the amount of underselling as important and consider him as having been duped. #2126. In a deal called conditional buying in which, for example, a house worth 1000 tomans is sold for 200 and it is agreed that the seller can call off the deal if he gives the money on time, the deal is correct if the buyer and seller have the intention of buying and selling. #2127. A conditional buying scheme is correct when the seller is confident that in case he does not give the money the buyer will give him the property. But if he does not give the money on time he has no right to ask the buyer for the property, and in case of the death of the buyer he cannot ask the latter's inheritants for the property. -280-

#2128. If one mixes superior tea with bad tea and sells it in the name of superior tea the customer can call off the deal. #2129. When a buyer realizes that what he has bought is defective, such as when he buys an animal and finds out that it is blind in one eye, he can call off the deal if the defect was present before he bought it and he did not know of it, or he can determine the price difference between a sound and defective item and ask the seller to give back a proportionate amount of the money he was given. For example, if he has bought a property for four tomans when the price of the sound [thing] is eight tomans and that of a defective is six, he gets one toman from the seller, which is ~ of the difference between the price of a sound and defective item. #2130. When the seller realizes that what he got in exchange is defective he can cancel the deal in case the defect was present before the deal and he had no knowledge of it, or he can receive the price difference according to what was said in the previous problem. #2131. The buyer can call off a deal if a defect occurs in property after the deal prior to its delivery. Similarly, if a defect is found in the exchange for the property after the deal and before its delivery the seller can call off the deal but there is no concern if they want to get the price differential. #2132. When he learns of the defect after the deal and does not immediately call off the deal he no longer has the right of doing so. #2133. If he learns a commodity's defect after its purchase he can call off the deal, even when the seller is not present. #2134. In four situations a buyer cannot call off a deal or receive a price differential after learning of a defect in the property. First, that he knew of the defect when purchasing the property. Second, that he is content with the property's defect. Third, that at the time of the deal he states that if the property is defective I will not bring it back nor will I ask for a price differential. Fourth, that the seller, at the time of the deal, says that I sell this property with all its defects, but if he names one defect and says that I sell the property with this defect and later it becomes evident that there is another defect as well the buyer can take the property back for the defect not mentioned by the seller, or he can ask for a price differential. #2135. In three situations a buyer who learns of a defect in the property cannot call off a deal but can receive a price differential. First, when he. effects a change in the property after the deal such that people would -281-

say that it has not remained the same as it was when it was bought and delivered. Second, that he learns of the defect after the deal and only drops the right to take it back. Third, that after taking delivery of the property another defect is found in it, but if he buys a defective animal and before the passage of three days another defect is found in it he can take it back, even though he has taken delivery of it. Similarly, when the buyer has the right of cancellip.g the deal only for a limited time and another defect is found within that time he can call off the deal even though he may have taken delivery of it. #2136. When one has a property which he has not seen it himself and has learned of its specifics from others and tells a customer of those features and sells it to him only to learn that it had been better than that, he can call off the deal. MISCELLANEOUS PROBLEMS #2137. If the seller tells a customer the buying cost of an article, he must also tell him all those things which lessens or enhances the price of the property, even if he sells it for that price or less. For example, he must tell whether it was bought for cash or on credit. #2138. If one gives an article to someone and quotes a price and says 'sell this merchandise for this price and whatever you get by selling it at a higher price will be yours' then whatever is in excess of that price is the broker's. Similarly, when he says 'I sold this property with this price' and he replies 'I accept' or if he gives him the commodity with the intention of selling and the other ~eceives it with the intention of buying, whatever higher price it is sold belongs to himself. #2139. If a butcher sells male meat and gives instead that of a female he has done a sin. Thus, if he has specified that meat and stated 'I am selling this male meat' the customer can call off the deal. And if he has not specified it the butcher must give the customer male meat in case that he does not consent to what he was given. #2140. If a customer tells a clothier 'I want a cloth the color of which does not fade' and the clothier gives him a cloth the color of which does fade the customer can call off the deal. #2141. To swear while dealing is loathesome, if it is a truth, and unlawful, if it is a lie. PRECEPTS OF PARTNERSHIP #2142. When two persons want to become partners their partnership is -282-

correct if each mixes an amount of his assets with that of the other such that they become indistinguishable from one another and they read the words for partnership in Arabic or some other language, or do an act that indicates their desire to be partners. #2143. When several people become partners in the wages that they earn in their own job, as it is with workers in public bath-houses who agree to divide between themselves whatever they receive in wages, their partnership is not correct. #2144. When two people enter into a partnership such that each of them buys a commodity on his own credit and thus becomes a debtor himself but they would be partners in the commodity that each of them buys, and in the profit from it, their partnership is not correct. But if each one of them deputizes the other to buy for him on credit and each partner buys the commodity for himself and the other partner such that they both become debtors, the partnership is correct. #2145. Those who become partners as a result of a partnership agreement must" be religiously accountable and rational and enter into a partnership voluntarily and intentionally, and also must be able to take charge of their own property. Thus if an idiot, who spends his assets in wasteful activities and who has been prevented from taking charge of his assets by the religious ruler, enters into a partnership it is not correct. #2146. If they make it a condition in the partnership contract that the one who works, or the one who works more than the other partner, gets more of the profit or if they condition that the one who does not work or works less gets more of the profit they must act according to those provisions. #2147. It is not correct if the agreement calls for all the profit to go to one person but if it says that all of the losses or most of it be paid by one of them the partnership and the agreement are both correct. #2148. When they do not condition that one of the partners gets more of the profit they will both get the same amount of the profit or the loss, if they put in equal amounts of capital. And if their capitals are not equal they must divide the profit or the loss in proportion to each person's capital. For example, when two people become partners and one of them puts in capital twice that of the other his share of profit and loss is twice that of the other; whether they both work the same amount or one works less than the other or not at all. #2149. If the partnership agreement provides that they buy and sell together, or that each deals separately, or that only one of them deals, they must act accordingly.

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#2150. When they do not specify which one of them buys and sells with the capital none of them can enter a transaction, without the other's permission, with that capital. #2151. The partner who controls the partnership's capital must act according to the partnership's agreement. For example, if he has agreed to buy on credit or to sell cash, or to buy commodities from a particular place, he must behave accordingly. And if no agreement was made he must enter those transactions which do not involve a loss to the partnership and do the deals in a customary manner. Thus, if it is customary to sell cash or not to take the partnership's assets with himself when travelling he must act likewise and if it is customary to sell on credit or to take the assets with himself while travelling he can act accordingly. #2152. When a partner who deals with the partnership's capital buys and sells contrary to the agreement he has entered and causes a loss for the partnership he is responsible for it. But if he, later, deals according to the agreement held it is correct. Similarly, he is responsible if he deals contrary to what is customary even though they had not entered into an agreement with him, but if he later acts according to what is customary his dealing is correct. #2153. A partner who is in charge of dealing with the capital and accidentally wastes the whole or part of the capital is not responsible for it if he has not exceeded the limits and had not lapsed in guarding the capital. #2154. The word of a partner who deals with the partnership's capital and says that the capital. was lost and swears [to that effect] in front of the religious ruler must be accepted. #2155. If all the partners retract their permission for taking charge of one another's assets none of them can take charge of the partnership's assets, and if one of them retracts his permission the other partners have no right to take charge but the one who retracted his permission can take charge of the partnership's assets. #2156. When one of the partners asks for dividing the capital of the partnership the other must agree to the request even though the partnership contains a time [clause]. #2157. When one of the partners dies or becomes insane or unconscious or an idiot, and is denied the taking charge of his assets by the religious ruler, the other partners cannot take charge of the partnership's assets.

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#2158. When a partner buys on credit something for himself the profit or the loss is his but if he buys it for the partnership and the other partner says 'I consent to the deal' the profit or the loss belongs to both. #2159. When they enter a deal with the partnership's capital only to learn later that the partnership was void the deal is correct if it is such that they would have consented to taking charge of each other's assets had they known that the partnership was incorrect; and whatever accrues from that deal belongs to all of them. And if it is not so the deal is correct if the people who did not consent to the taking charge by the others say that they consent to the deal; else it is void. And in all cases each person who has worked for the partnership, and did not intend to work free of charge, can obtain a reasonable wage for his labors from the rest of the partners. PRECEPTS OF PEACE #2160. Peace is when someone compromises with another by giving him some of his property or profit or by writing off what he owes him or by forgoing a right in return for an amount of property or profit of the other person, or in exchange for writing off a debt or forgoing a right by that person. #2161. The two people who give something to one another in a compromise must have reached puberty and be rational and must not have been forced by another person and must have the intention of making peace, and they [must] not have been denied to take charge of their assets by the religious ruler, too. #2162. It is not necessary that the peace words (formula) be uttered in Arabic. Thus, it is correct to bring an understanding of the achieved compromise in any language. #2163. When a person gives his sheep to a shepherd to be kept for one year, for example, with the latter using the milk and delivering an amount of cooking oil, it is correct if he makes peace with him by exchanging the sheep's milk with the shepherd's labor and the cooking oil. But there is difficulty if he rents the shepherd a one year old sheep for the use of its milk in exchange for an amount of cooking oil. #2164. A compromise is correct only if the recipient accepts the other party's offer of write-off of a debt or forgoing of a right. #2165. In the case of a person whO knows the amount of his own indebtedness while his creditor does not, if the creditor makes peace for -285-

what is due to him in exchange for something less than the true amount (for example, if he is owed 50 tomans and he makes peace in exchange for 10 tomans) what remains is not lawful for the debtor unless he tells the creditor the amount of his indebtedness and obtains his consent, or if it is the case that the creditor would have made peace in lieu of the same amount had he known of the real amount he was due. #2166. A mutual compromise. through the exchange of two things of the same kind and of known weights is correct in case that the weight of one is not more than that of the other. But if their weights are not known, even if it is likely that one weighs more than the other, the peace is correct. #2167. If two people owe each other, or if two people are owed by two others, and they want to compromise their debts in respect to the other side their peace-making (compromise) is correct in case what is owed is of the same kind with a known weight, for example when they both are owed 10 mans of wheat. The same holds when the receivable commodity is not the same such as one is owed 10 mans of rice and the other 10 mans of wheat. But if what is owed to them is of one kind and is usually dealt by weighing or measuring their compromise is fraught with difficulty if their weights or measure are not equal. #2168. When he is owed by someone something that must be given to him after sometime there is no concern in compromising for a lesser amount with the intention of writing-off part of the debt and getting the remainQer in cash. #2169. If two people make a mutual peace over something they can call the compromise off by mutual consent. Similarly, if one or both have reserved the right of calling off a deal the person with that right can cancel the compromise. #2170. Until the buyer and seller have not dispersed from the dealing session they can call off the deal. And a customer who buys an animal can cancel the deal up to three days after the transaction. Similarly, if he does not give the money nor take the delivery of a commodity, which was bought in cash, by three days after the deal the seller can call off the deal. But a person who makes peace with a property cannot call off a peace under these three circumstances, and can call off a peace under the other remaining eight situations which were given in the precepts of buying and selling. #2171. He can call off a peace if what he received in a compromise is found to be defective but he cannot receive the price difference between a sound and a defective. -286-

#2172. If one makes peace with another by giving him property with the condition that 'if I had no inheritants after I die you must endow what I gave you the in peace-making', he must act according to the condition if he had agreed to it.

PRECEPTS OF RENT #2173. The one who rents and that who offers for rent must be dutybound (religiously accountable) and rational and enter the renting on their own accord and must have the right of taking charge of their own property. Thus, an idiot who spends his assets in wasteful ways cannot correctly rent or offer for rent anything if the religious ruler has prevented him from taking charge of his own assets. #2174. One can be deputized by another person and rent his property on his behalf. #217 S. There is no concern if the guardian or caretaker of a child rents the child's property or gives him for hire to someone else. But if the duration of rent extends beyond the point in which the child achieves puberty the latter can cancel the remainder of the rent. However, if it would have been against the child's interest not to include the portion beyond puberty as part of the rental period he cannot cancel the rent. #2176. A minor who has no guardian cannot be hired without the permission of an Expert (mujtahed). And one who has no access to an Expert can obtain the permission of a faithful, who is just, and hire him. #2177. It is not necessary that the landlord and tenant read the words in Arabic. Thus, if the owner tells somebody 'I rent my property to you' and he says 'I accept', the rental is correct. Similarly, it is also correct if they do not say anything and the owner leaves the property with the tenant with the intention of renting it and the latter takes it with the same intention. #2178. Renting is correct if one wants to get hired for doing an act without reading the words, as long as he engages in that act with the consent of the other side of the deal. #2179. For one who cannot talk it is correct that he conveys that he is putting out for rent or that he rented a property, by pointing. #2180. If one rents a shop or a room under the condition that only he may use them the tenant cannot rent it to others and without such a condition he can rent it to others and if he wants to rent it for a price higher than what he rented it he must have done such things as plastering and -287-

other repairs, or must rent it for something other than what he himself has rented it for; for example, if he has rented it for money he must sublet it for wheat or something else. #2181. If a hired worker conditions to work only for the person who hired him he cannot be hired to someone else, and if he makes no such condition he must not be rented out for more of the same thing than he was originally rented for; and he can get more "if he rents him out for something else. #2182. There is no concern if he sublets something other than a house and a shop and a room and a laborer, such as land, for an amount higher than the original rent, provided that the owner has not made it a condition that he use it exclusively. #2183. If, for example, he rents a house or a shop at the rate of 100 tomans a year and he himself uses half of it he can rent the other half at the rate of 100 tomans but if he wants to rent that half for a rate higher than what he himself is paying, such as 120 tomans, he must have done something in it, such as repairs, or he must rent it for a commodity other than that of [the original] rent. THE CONDITIONS OF RENTAL PROPERTY #2184. Rental property has several conditions. First, that it must have been specified. Thus, it is not correct if he says that I rented one of my houses. Second, that the tenant sees it or that the person who gives it for rent states its specifics such that it is perfectly clear. Third, that it is possible to deliver it. Th:us, the rental of a horse which has escaped is void. Fourth, that the property does not perish as a result of use. Thus, the rental of bread and fruits and other edibles is not correct. Fifth, that use of the property for the purpose for which it was rented is possible. Thus, renting land for farming where there is insufficient rain nor is irrigated by a river is not correct. Sixth, that the rental property is his and if it is someone elses' it is correct in case its owner consents. #2185. There is no concern in renting a tree for the use of its fruits. #2186. A woman can be hired for the use of her milk and it is not necessary that she obtains permission from her husband but if as a result of nursing a right of the husband is violated she cannot get hired without his permission. CONDITIONS FOR THE USE OF RENTAL PROPERTY #2187. The use of rental property has four conditions. First, that it is -288-

lawful; therefore, the renting of a shop for selling wine or for keeping wine or renting an animal for transporting wine is void. Second, that giving money for that purpose would not be considered useless by people. Third, that if the rental thing has many uses the use by the tenant be specified. For example, when an animal can give a ride as well as carry a burden it should be specified, while renting, whether the tenant owns its ride, or its transportation, or all of its uses. Fourth, that they specify the length of use and if the latter is not known but the act is specified, it is sufficient, for example, when it is agreed upon with a tailor to make a specified clothing in a specified manner. #2188. If the beginning of a rental period is not specified it begins after the reading of the words for renting. #2189. If a house is rented, for example, for a one year period to begin one month after the reading of the words the renting is correct even if at the time of reading the words the house is rented to somebody else. #2190. If he does not specify the length of rental and says that the rent is 10 tomans per month whenever you occupy the house, the rental is not correct. #2191. If he says to the tenant that I rented you the house for 10 tomans for one month and the rest for the same price it is correct for the first month but if he says that each month is 10 tomans but does not specify the beginning and the end the rental is void even for the first month. #2192. There is no concern in an agreement, with a consenting house owner, which calls for a house which houses new comers and pilgrims, for an unknown length of time, for one tomari per night, as an example. However, since they did not specify the length of rental period the rental is not correct and the house owner can throw them out whenever he wants to. NU~LANEOUSPROBLEMSOFRENTING

#2193. The property that a tenant gives in lieu of rent must be specified. Thus, if it is of things like wheat which is dealt with by weighing, its weight must be known, and if it is of things like eggs which are dealt by counting its count should be known, and if it is like horses and sheep the landlord must see them or the tenant should tell him of their particulars. #2194. Rent is not correct when the land is rented for farming barley or wheat and the rental is from the barley or wheat coming from the same land. -289-

#2195. A person who has rented something has no right to ask for the rental until he delivers that thing. Similarly, when he is hired to do a certain act he has no right to ask for wages before he has done that act. #2196. If he delivers what he has rented, even if the tenant does not take it, or he does but does not use it to the end of the rental period, he must pay its rental. #2197. If one is hired for doing work on a certain day, in which he reports for doing that work, he must be paid his wages by the person who hired him even if the latter does not give him that work. For example, when a tailor is hired to make a clothing on a certain date and he is ready on that date to do the work; he must be paid the wages even if he is not given the fabric to sew, regardless whether he is idle or self employed or works for someone else. #2198. If at the end of the rental period it becomes known that the rental was void the tenant must pay rent to the owner of the property by the usual amount. For example, if he rents a house for 100 tomans a year and later learns that the rental was void he must, if the usual rental for that house is 50 tomans, give the 50 tomans and if it is 200 tomans he must give the 200 tomans. Similarly, if after sometime into the rental period it becomes clear that the rent had been void he must give the property owner the usual amount of rental for that length. #2199. In the case of a loss of rented property he is not responsible if he had not lapsed in guarding the property nor had he indulged in excessive use of it. Similarl)', if, for example, the cloth given to the tailor is lost he must not make up for the loss in case the tailor had not committed an excess nor had he lapsed in keeping it. #2200. When a craftsman spoils what he had been given he is responsible for it. #2201. If a butcher beheads an animal and makes it unlawful, whether he was paid or did so free of charge, he must pay the owner the price. #2202. When he rents an animal and specifies how much burden he will put on it he is responsible if he loads the animal more than that amount and the latter dies or becomes defective and, similarly, he is responsible if he did not specify the amount of the burden and loads it with more than usual and the animal wastes or gets damaged. #2203. When one rents out an animal for carrying fragile objects the owner of the animal is not responsible for the breakage resulting from -290-

the animal's sliding or from its shying. However, he is responsible if he makes the animal fall and break the burden as a result of hitting it, or the like. #2204. If someone circumcises a child and brings him harm or death he is responsible if he cut more than the usual and he is not responsible if he did not cut more than the usual. #2205. If a doctor gives a medicine to a patient with his own hand, or if he tells the patient of the disease and its remedy and the patient takes the medicine, the doctor is responsible if he erred in treating him and brought harm or death to the patient. But if he only says to the patient that such and such a medicine is good for such and such a disease and as a result of taking it harm or death is brought to the patient the doctor is not responsible. #2206. When a doctor tells a patient or his guardian that he assumes no responsibility for any harm to the patient he is not responsible for any harm or for the death of the patient which occurred despite the doctor's carefulness and exactitude. #2207. The tenant and one who has rented something can call off a deal on mutual consent. And also if one or both of them have reserved the right of cancelling the deal in the rental agreement they can accordingly call off the rental. #2208. If the tenant or the landlord realizes that he has been duped he can cancel the rental provided that he did not know it while they read the words. But if the right of cancelling, even in case of dupery, has been revoked in the rental words they cannot call off the rent. #2209. If one rents something and somebody usurps it before its delivery the tenant can cancel the rental and get back whatever he had given to the owner, or he can keep the rental and receive from the usurper the rental for the period during which he had charge of the property; for the usual amount. Thus, if he rents an animal for 10 tomans per month and someone usurps it for a 10 day period, and the usual rental for 10 days is 15 tomans, he can get 15 tomans from the usurper. #2210.1f one takes delivery of whatever he has rented and another person usurped it he cannot cancel the rental and his only right is to get the customary fare of that thing from the usurper #2211. If one sells the property to the tenant before the rental period is up the rental remains unperturbed and the tenant must give the rental to the seller and the same holds if he sells it to someone else.

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#2212. If before the start of the rental period the property becomes so badly damaged that it is not usable at all, or that it cannot be used for the conditioned use, the rental becomes void. And the money that the tenant has paid to the property owner is returned to the tenant. Further, he can also cancel the rental if he could use it a little. #2213. If he rents property and after sometime it becomes so destroyed that it is no longer useful, or that it cannot be used for the conditioned use of it, the remainder of the rental period becomes void and if he can use it a little he can still cancel the remainder of the rental period. #2214. If he rents a house which, for example, has two rooms and one of the rooms goes to ruin the rental does not become void provided that he builds it immediately and there is no loss of use, nor can the tenant cancel the rent. But if building it gets so prolonged that some of its use by the tenant perishes, the rental becomes void by that amount and the tenant can cancel the remainder of the rental. #2215. If the lessor or the lessee dies the rental does not become void but if the house does not belong to the lessor, for example in the case of somebody's will to the effect that the lessor receives the profits from the house as long as he is alive, and he dies before the rental period is over, the rental is void from the time of his death. #2216. When the job owner deputizes a mason to hire laborers for him and the. mason pays a laborer less than what he receives from the owner for that purpose what remains is unlawful for him and must be returned to the job owner. But if one is hired to finish the building and he reserves for himself the right to build it himself or to give it to others and pays to another less than what he is hired for, the remainder is lawful for him. #2217. A dyer has no right to receive anything if he agrees to dye a cloth, for example, with indigo but he dyes it with a different color.

PRECEPTS OF REWARDING #2218. Rewarding is that a person agrees to give specific property in exchange for work done for him, for example, when one says that whoever finds my lost one I will give him 10 tomans. A person who makes such a pledge is called a rewarder and that who carries out the work is called an agent. The difference between rewarding and hiring a person for a job is that in hiring, the worker must do the job after the reading of the formula and whoever hired him owes the person his wage, -292-

but in rewarding there is no indebtedness by the rewarder until the work is done and the agent can refrain from engaging in the act. #2219. The rewarder must have reached puberty and be rational and enter the agreement with intention and volition and be religiously able to take charge of his porperty. Therefore, a reward by an idiot who spends his assets on useless works is not correct if the religious ruler has barred him from taking actions. #2220. The work which the rewarder wants done must not be unlawful nor be useless and exposed to rational objection; thus, rewarding is not correct if he says that I give 10 tomans to whoever drinks wine or to whoever goes into a dark place in the night. #2221. When he specifies the pledged property, for example, if he says that whoever finds my horse I will give him this wheat, it is not necessary to state where the wheat is from and what is its price but if he does not specify the property, for example, if he states that I give 10 mans of wheat to whoever finds my horse, he must thoroughly specify the characteristics of it. #2222. When the rewarder does not determine a certain wage for the work, for example, when he says that whoever finds my child I will give him some money, and does not state the amount of it, he must, in case that someone does the act, pay a wage commensurate to the value of the work in the public's view. #2223. If an agent had done the work before the pledge or if he does it after the agreement but with the intention of not receiving nioney he has no right to any wage. #2224. Before the agent engages in the work the rewarder and the agent can cancel the rewarding. #2225. There is no concern if the rewarder wants to cancel the reward · after the agent has begun the work but he must pay the agent for the act he has done. #2226. The agent can leave the act unfinished but if leaving the act unfinished results in a loss to the rewarder he must finish it. For example, if someone says that whoever operates on my eye I will give him a certain amount of money and the surgical doctor begins operating he must finish the operation in case leaving it unfinished will result in an eye defect, and in case he leaves it unfinished he has no right to the reward. #2227. When the agent leaves the act unfinished and the job is like that of finding a horse, which until it is done it has no usefulness for the -293-

rewarder, the agent cannot ask for anything. And the same holds for the rewarder who assigns a wage for finishing an act such as when, for example, he says that I will give 10 tomans to whoever makes a suit for me. But if he means to give a wage for any amount of the act when that much of it is done the rewarder must give the agent the wage for the part that is done, although it is cautionary that they compromise in a mutual consent.

PRECEPTS OF SHARECROPPING #2228. Sharecropping is that the owner deals with the farmer in this way: that he will put the land in the farmer's disposal to farm and give the owner an amount of the land's product. #2229. Sharecropping has several conditions. First, that the landowner states to the farmer that I leave you with the land and the farmer states that I accept, or that the landowner leaves the land with the farmer for sharecropping and the farmer takes delivery of it without any talking. Second, that the landowner and the farmer both be duty-bound (religiously accountable) and rational and join in sharecropping by their own intention and volition, and they are not prevented from taking charge of their properties by the religious ruler. Further, if they are [were] idiots while reaching puberty they cannot entertain sharecropping even if not prevented by the religious ruler, and this rule applies to all transactions. Third, that the product of the land does not go to one person alone. Fourth, that individual's share be held jointly, such as Vz or ~ of the product or the like and it must be specified. Thus, an agreement in which the product of one parcel goes to one person and that of another to a different person is not correct, nor is it correct when an owner says 'farm this land and give me whatever you want'. Fifth, that the length of time the land remains under the farmer's disposal be specified and there must be enough time in which to obtain a crop. Sixth, the land must be tillable and if it is not, but it is amenable to efforts which make it tillable, the sharecropping is correct. Seventh, when the location it such that, for example, only one kind is grown, the latter is implied in case it is not named, and if several kinds are grown they must specify the nature of what is to be farmed, unless there is an established custom which must be followed accordingly. Eighth, the owner specifies the land. Thus, the sharecropping is void when a person who has several parcels of land, which are different from each other, tells a farmer to go and farm one of them without specifying that parcel. Ninth, the expenses to be born by each side must be defined but that is not necessary if the expenses which must be born by each side are already known.

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#2230. When the owner enters into an agreement with a fanner to the effect that some of the product be his and the rest to be divided among themselves the sharecropping is correct, if they know that something remains after that amount is taken off. #2231. If the length of sharecropping finishes without gaining any product there is no concern in keeping the crop on his land, with or without rent, in case the owner consents and the farmer is satisfied as well. And if the owner is not satisfied he can force the farmer to harvest the crop and it is not necessary to compensate the farmer if harvesting the crop causes any loss to the farmer. But the farmer cannot force the landowner into keeping the cultivation on the land even if he consents to giving something to the owner #2232. If farming the land is impossible because of an accident, such as water cut-off, whatever crop is there (if any) belongs to both, as specified in the agreement, even if it is fodder used for animals and the sharecropping is void in the rest. And if the farmer does not cultivate he must, in case he had been in charge of the land and the owner had not, give the owner the usual amount of rent for that length of time. #2233. In case the owner and farmer have read the words they cannot call off the sharecropping without mutual consent and the same holds if the owner leaves the land to someone with the intention of sharecropping and the other side takes delivery of it with the same in mind. But if in reading the words for sharecropping they have stipulated that one or both parties can call off the deal they can cancel the deal according to that agreement. #2234. If the owner or the farmer dies after the sharecropping agreement the sharecropping is not off and their heirs will replace them. But if the farmer dies and the stipulation calls for the farmer himself to do the farming the sharecropping is off and if the cultivation is visible his share must be given to his inheritants as well as the other rights which the farmer possessed, but they cannot force the owner to keep the farming in the land. #2235. If after cultivation they realize that the sharecropping was void the produce is for the owner if he had the seeds and he must give the farmer his wages as well as the expenses he has paid and the rental for the cow or any other animal owned by the farmer and used on the land. And if the seeds had been the farmer's the produce is also his and he must give the owner the rent of the land and the expenses shouldered by the owner and the rental for the cow or any other animal which the latter had and was used for farming. And there is a detail in this problem for which the marginal notes of A Clarification of Questions should be consulted. -295-

#2236. When the seed is the farmer's and after cultivation it becomes evident that the sharecropping had been void there is no concern if the owner and the farmer consent to keep the land cultivated with or without remuneration. And if the owner does not give his consent he can force the farmer to harvest the cultivation before it is ripe and the farmer cannot force him into keeping the land cultivated, his willingness to give something to the owner in return notwithstanding. Similarly, the owner cannot force the farmer into paying rent and keeping the land cultivated. #2237. If after collecting the product and termination of the sharecropping period the roots of the crop remain in the ground and bear a produce the next year the owner and the farmer must divide the second year's produce like that of the first, if they have not relinquished farming.

PRECEPTS OF TREE-SHARING #2238. A deal is called tree-sharing when one strikes a deal with another calling for the latter to discipline and water those fruit trees whose fruits are either one's own, or are at his disposal, in exchange for an amount of the fruits, as agreed upon. #2239. A tree-sharing deal involving fruitless trees, like willows and sycophants, is not correct. However, there is no concern in such trees as henna whose leaves are used or in those trees whose flowers are used. #2240. Reading the words is not necessary in a tree-sharing deal. Thus, if the owner of the tree leaves it with the intention of tree-sharing and the one who works takes delivery of it with the same intention the deal is correct. #2241. The owner and the person who assumes the responsibility for disciplining the trees must be religiously accountable (mokallat) and be rational and must not have been forced by another person and they must not have been denied taking charge of their assets by the religious ruler. Further, though not prevented by the religious ruler, their dealing is not correct if they were idiots upon reaching puberty. #2242. The length of a tree-sharing period must be specified and it is correct if the beginning of it is specified and the end set to correspond to the time when the fruits are at hand. #2243. The share of each must be Yz or V3 or the like and if they arrange that, for example, 100 mans of the fruit should belong to the owner and the rest go to the person who works, the deal is void.

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#2244. The contract for a tree-sharing deal must be laid before the fruits have appeared and if laid after the appearance of the fruit and before they ripen it is correct provided that some works like irrigation, which is necessary for disciplining the trees, still remains; else there is a concern even if there would be a need for such works as picking or keeping them. #2245. A tree-sharing deal involving melon and cucumber shrubs and the like is not correct. #2246. A tree-sharing deal involving a tree which uses rain water or earth's moisture, and does not need irrigation, is correct when it needs other work such as spading and manuring. But there is concern in a treesharing deal in which these works have no effect in increasing the amount or the quality of the fruit. #2247. The two parties involved in a tree-sharing deal can call it off by mutual consent. Similarly, there is no concern in cancelling the deal according to an agreement if while reading the words for tree-sharing they stipulate that one or both sides have the right to cancel the deal. Further, if a condition is stipulated and is acted upon, whoever in whose favor the condition was made can cancel the deal. #2248. If the owner dies a tree-sharing deal is not called off and his inheritants will sit for him. #2249. If the person who was left with disciplining the trees dies his inheritants take his place in case it had not been stipulated in the contract that he himself will discipline them. And in case they do not do the act, and do not hire another, the religious ruler will hire a person using the dead person's assets and will divide the produce between the inheritants and the owner. And if it had been stipulated that he himself disciplines the trees, and had agreed on not leaving it to someone else, the deal becomes void upon his death. And if no agreement has been entered the owner can call off the contract or consent that his inheritants, or someone hired by them, discipline the trees. #2250. If he stipulates that the whole produce should go to the owner the tree-sharing is void and the fruit belongs to the owner and the worker cannot ask for wages. But if the tree-sharing is void for another reason the owner must give the person who disciplined the trees customary wages for irrigation and other works. #2251. When he leaves the land to somebody else to plant trees and to share whatever is grown the deal is void. Thus, if the trees belonged to the landowner they are still his after the disciplining and he must pay -297-

wages to the discipliner. And if they belonged to the person who disciplined them they are his after the disciplining and he can pluck them out but he must fill in the depressions created by taking the trees out and must give the land's rental to the owner from the day that the trees were seeded. And the owner can force him to pluck out the trees and if, as a result of taking the trees out, a defect is caused to the tree he must give the tree-owner a price different~al and he cannot force him into keeping the tree on the land, with or without rent. THOSE WHO CANNOT TAKE CHARGE OF THEIR OWN ASSETS #2252. A child who has not reached puberty cannot take charge of his property from a religious standpoint and the signs of attaining puberty are one of the following three. First, growth of coarse hair under the belly above the privates. Second, exit of semen. Third, termination of 15 lunar years for men and termination of nine lunar years for women. #2253. The growth of coarse hair over the face and on the lip and over the chest and under the arm and thickening of the voice and the like are not signs of puberty, unless as a result of them one becomes certain of having attained puberty. #2254. An insane and an idiot, that is one who spends his money doing useless things, cannot take charge of his assets if he is an idiot while reaching puberty or if he is prevented from taking charge of his assets by the religious ruler.

#2255. In a person who is at times sane and at other times insane; his disposal of his assets, while insane, is not correct. #2256. When afflicted by a disease with which one shall leave the world one can spend from his assets for himself and his family and guest, and those activities which are not considered extravagant. Similarly, it is correct if he bestows his assets to anyone or sells it for a low price. PRECEPTS OF DEPUTATION Deputation is to leave someone else to do, on one's behalf, a work that the person himself can get involved with. For example, when he deputizes someone to sell his house or to contract [in marriage) a woman for him. Thus, an idiot person who uses his assets in fruitless activities cannot deputize another person to sell his property if (his) disposal of his property had been blocked by the religious ruler, or if he had been an idiot when he attained puberty. -298-

1122'J7. There is no need for reading words (formula) in deputizing and deputation is correct when one makes another understand that he is deputized on his behalf and the latter makes it clear that he has accepted; for example, when he gives his property to somebody to sell it for him and he takes that property. 1122'J8. When a person deputizes another who is in another city and sends him a letter indicating deputation and he accepts it the deputation is correct even though it takes sometime for the deputation letter to arrive. 112259. The principal, this is the person who deputizes another person, as well as the one who becomes a deputy, must have reached puberty and be sane and act with intention and on volition; and the words read by a discerning child whose deputation was limited to reading the words and who reads the words as well as its stipulations is correct. 11226(). One cannot be deputized for doing something, on someone else's behalf, that could not have been done by the person himself or that it must not be done on religious grounds. For example, a person who is garbed for Haj, and thus must not read the words for a marriage contract, cannot represent another for reading the words. 112261. It is correct if one deputizes another for doing all of his work but if he deputizes him for doing one of his works, and does not specify it, the deputation is not correct. 112262. If he sacks the deputy, that is if he fires him, the latter cannot do that work after he gets the news but if he has done that work before receiving the news it is correct. 112263. A deputy can resign from representation and there is no concern if it is done in the absence of the principal. #2264. A deputy cannot deputize another person for doing what it was left for him to do. But if the principal had given him permission to get a deputy he can behave according to the instructions given to him. Thus, if he has said to get a deputy for me he must get one on his behalf and cannot deputize a person on his own behalf. lf226S. If one, with the permission of the principal, deputizes another person on his behalf one cannot sack that deputy and in case the first representative dies, or is sacked by the principal, the deputation of the second one does not become void. 112266. When a deputy, with the permission of the principal, deputizes someone on his own behalf the principal and the first deputy can sack that deputy and if the first deputy dies, or is sacked, the deputation of the second becomes void. -299-

#2267: If he deputizes several people for doing a job and gives each permission to do the job by himself each one of them can do that job and in case one dies the representation of the others does not become void. But if he had not said whether he is deputized to do the job alone or with others, nor it is obvious from his talking that he can do the job by himself, or if he has said that they do it together, he cannot proceed alone. And in case one of them dies the deputation of the others becomes void, if they shared in attorneyship. #2268. If the deputy or the principal dies or becomes permanently insane the attorneyship becomes void. And similarly if he becomes insane or unconscious on and off they must not, as an obligatory caution, put into effect the deals that he carries out. And, similarly, the deputation becomes void if the thing for which he was deputized to take charge of perishes; an example is when the sheep, which he was deputized to sell, dies.

lf2269. If one deputizes someone for doing a job, and arranges something for him, he must give him the thing that he had agreed at the completion of the job. lf2270. If a deputy has been negligent in keeping the property which is under his control or if he takes charge of the property in ways other than what he had permission for, and that property perishes, he is responsible. Thus, if he wears the clothing which he was to sell and the clothing is wasted he must make up for it. lf2271. If the deputy lapses in guarding the property he is in charge of, or if he takes charge of it in a manner other than what he was permitted, and the propery is wasted, he is responsible. Therefore if he wears the clothing that he was to sell and the clothing gets wasted, he must pay a recompense. #2272. If a deputy takes charge of the property in ways other than that he had permission for, for example, when he wears the clothing which he was told to sell, if he then proceeds with what he had the permission to do, the latter disposition is correct.

PRECEPTS OF LENDING Lending is one of those recommended acts which has received a lot of emphasis in the Koran's verses and in the Traditions. It has been narrated from the Most Kind Prophet, God's salutations be to Him and to His relatives, that whoever lends to his Moslem brother his assets will be enhanced and the angels will send him blessings, and if he accommodates with his debtor he will swiftly pass through the bridge leading to Paradise, without giving an account, and that heaven becomes unlawful to any who refuse to lend to his Moslem brother who asks for a loan.

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#2273. Reading the words is not necessary in lending. Thus, it is correct if one gives something to someone with the intention of lendlng and he accepts it with the same intention but its amount must be known perfectly. lf2274. When a specific time for payment of a loan is stipulated it is not necessary that the lender accept prepayment of the loan, but if specifying a time was done as an aid to the debtor the creditor must accept prepayment of the loan. lf2215. If a time limit for the return of a loan is agreed upon while reading the loan words the creditor cannot call up the loan before the due date arrives, but if there is no time limit the creditor can call up the loan any time he wants. lf2276. If the lender asks for his money the debtor must immediately pay it if he can pay his debt, and if he delays he has sinned. #2277. If the debtor has nothing other than a house in which he resides and those other things which he needs the creditor cannot ask for his loan and he must wait until he can pay his debt. lf2278. A debtor who cannot pay his debt must earn to pay his debt if he is a tradesman and the person who is not a tradesman must, if he can and as an obligatory caution, trade and pay his debt. lf2279. A person who has no access to his creditor and has no hope in finding him must, with the permission of the religious ruler, give the ·amount of indebtedness to the poor, and not being a Master is not a condition of a poor [recipient]. lf2280. If the assets of the dead person do not exceed the expenses for shrouding and burial and his debts, his assets must be used for those expenses and his heirs will receive nothing.

lf2281, If a person borrows an amount of gold or silver money and its price lessens or enhances many times it is sufficient that he returns the same amount that he borrowed. But there is no concern if they both consent to something other than that. lf2282. If what he borrowed has not perished and the owner of the property asks for it the debtor must, as a recommended caution, give him that very property. lf2283. If one who lends stipulates to receive more than what he gives, for example, when he gives one man of wheat on the condition that he gets one man and five seers, or he gives 10 eggs to receive 11, it is usury and unlawful. Further,' if he agrees that the debtor does something for -301-

him, or that he returns the thing to be loaned together with an amount of something else, for example, when he conditions that he returns the one toman he borrowed together with a box of matches, it is usury and unlawful. Similarly, if he conditions that the borrowed thing be returned in a particular state, for example, when he gives him an amount of raw gold provided that he returns it as wrought gold, it is again usury and unlawful. But there is no concern when the debtor himself returns more than what he has borrowed and it is recommended that he does so. #2284. To pay usury (interest) is unlawful as is to receive usury and the person who obtains a usurious loan does not become its owner and cannot take charge of it. But in a case that even if there had not been any agreement for usury the owner of the money would have consented to the disposition of that money by the borrower, the latter can take charge of it. #2285. If he usuriously borrows wheat, or things like it, and cultivates it the produce is that of the lender. #2286. There is concern in wearing and laying prayers in a clothing which he bought and later paid the owner of the clothing money from a usurious loan or from lawful money which was mixed with usury, if he had the intention of paying for it with that money when he bought it. And if he has usurious money, or lawful money mixed with unlawful, and states to the seller that I buy this clothing with this money, it is unlawful to wear that clothing, and if he knows that wearing it is unlawful laying prayer with it is void, too. #2287. There is no concern if one gives some money to a merchant in order to get a lesser amount from a merchant's agent in another city and this is called a draft premium. #2288. If one gives an amount of money to a person in order to receive, after several days, more than that amount in another city, for example, he gives 900 tomans and receives 1000 tomans after 10 days, it is usury and unlawful but there is no concern if the person who receives the excess gives a commodity or carries out an action in exchange for the excess.

PRECEPTS OF DRAWING A DRAFT #2289. If one draws a draft for his creditor to get the receivable from another person and the creditor accepts, following the completion of the draft, the person on whom an order is drawn (drawee) becomes the debtor, and creditor can no longer ask for his receivable from the first debtor.

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#2290. The debtor and creditor and the drawee must be religiously accountable and sane and must not have been forced by another; and they must not be idiots either, meaning that they do not spend their assets in useless activities. But if they have become idiots after reaching puberty there is no concern regarding their dealing until [unless] they are denied taking charge of their assets by the religious ruler. Similarly if a person is prevented by the religious ruler from disposing of his assets because of bankruptcy he cannot be ordered to get what he is owed from someone else, nor can he himself draw a draft upon someone else, but there is no concern if he draws a draft upon somebody to whom he owes nothing. #2291. If he draws a draft upon someone who is a debtor the latter must accept it as an obligatory caution but drawing a draft upon someone who is not a debtor is correct only if he accepts it. Similarly, it is not a correct draft if one wants to draw a draft for a different merchandise for someone to whom he owes a merchandise, such as when he owes a person barley and he draws upon him wheat, until the latter accepts it. #2292. One must be in debt when one draws a draft. Thus, if one wants to borrow from somebody he cannot draw him a draft upon another person before he has actually borrowed from him; such that he gets from that party what he will be lending sometime later. #2293. The drawer of a draft and the creditor must both know the amount of the draft and the nature of the merchandise. Thus, it is not a correct draft if he owes someone 10 mans of wheat and 10 tomans of money and tells the man 'go and receive one of the two items that is due to you from so and so' without specifying it. #2294. A draft is correct when the debt is in fact known but at the time of the draft neither the debtor nor the creditor knows its amount or its nature. For example a draft is correct when the amount due to a person is written in the book, and he gives a draft before looking at the book, and then looks at the book and tells the creditor the amount which he is due.

#229S. The creditor can refuse a draft even though the person upon

whom the draft is drawn is not poor nor he lapses in paying the draft.

#2296. If he draws a draft upon a party who is not indebted [to the drawer] and he accepts the draft he cannot ask for the amount of the draft from the drawer before the draft is paid. And if the creditor makes peace for a lesser amount from what is due him the person who accepted the draft can only ask for the same amount from the drawer. -303-

#2297. After making the draft neither the drawer nor the person upon whom the draft is drawn can call off the draft. And when the person upon whom the draft is drawn is not poor at the time of drawing the draft, meaning that he has other assets besides those subject to religious exemption which enable him to honor the draft, the creditor cannot call off a draft either, even though the person [spoken of] becomes poor later. The same holds when the person upon whom a draft is drawn is poor and the creditor knows. that fact, but if he did not know of his poverty, and learns of it later, the creditor can call off the draft and ask the drawer of the draft for the receivable even if the person upon whom the draft was drawn has become wealthy in the meantime. #2298. When the debtor and the creditor or the one upon whom the draft is drawn, or one of these, reserves the right of cancelling the draft they can call off the draft according to their agreement. #2299. When the drawer of a draft himself pays the creditor what is owed to him he can receive what he gave him in case he paid it on the request of the person on whom the draft was drawn. And if he paid without such a request, and had intended not to receive anything in exchange, he cannot demand from him what he gave.

PRECEPTS OF MORTGAGE #2300. Mortgage is that [in which] the debtor leaves with the creditor an amount of his property so that if he did not pay his debt the latter accrues his receivable from that property. #2301. Reading the formula is not necessary in mortgages and the latter is correct as long as the debtor gives the creditor his property with the intention of mortgage and the creditor accepts it with the same intention. #2302. The mortgagor and the person who holds the property in mortgage must be religiously accountable and sane and not forced by anybody. Similarly, the mortgagor must not be [have been] an idiot while reaching puberty, that is he must not spend his assets in fruitless activity. Further, he cannot mortgage his property if he is prevented from disposing of his assets by the religious ruler because of bankruptcy, or due to becoming idiot after attaining puberty. #2303. One can mortgage property which he can religiously take charge of and if he mortgages someone else's property it is correct if the owner of the property states that 'I consent to taking a mortgage'. #2304. The buying and selling of the thing which is mortgaged must be -304-

correct. Thus, it is not correct to mortgage wine and the like. #2305. The use of the thing which is held in mortgage belongs to the mortgagor. #2306. The creditor and the debtor cannot give the mortgaged property to someone else, for example, by bestowing or by selling, without the mutual consent of each other. But there is no concern if one of them bestows it or sells it and the other states later that 'I consent'. #2307. If the creditor sells the thing held in mortgage with the permission of the mortgagor that money, too, is mortgaged, like the property itself. #2308. If when he must pay his debt the creditor asks for what is due

him, and he does not pay, the creditor can sell what he had held in mort-

gage and redeem his share and give the rest to the debtor, but he must obtain the permission of the religious ruler for selling it if he has access to one. #2309. If the debtor has nothing other than the house in which he resides, and things like household appliances which he needs, the creditor cannot ask for the amount due but if the mortgaged property is itself a house and appliances the creditor can sell them and redeem the amount which is due to him. PRECEPTS OF GUARANTEEING #2310. If one wants to guarantee the payment of someone else's debt his guarantee is correct if he tells the creditor, in any dialect even if it is not in Arabic, 'I have pledged to pay what is due to you' and the creditor must make known his consent, but the consent of the debtor is not a condition. #2311. The guarantor and the creditor must be religiously accountable and sane and not forced by anybody, they must not be idiots while attaining puberty such to spend their property uselessly. But there is no concern if they had become idiots after reaching puberty and the religious ruler has not prevented them from taking charge. And no one can guarantee the credit of a person whose access to his property has been denied by the religious ruler as a result of bankruptcy. #2312. It is an obligatory caution to disregard a person's guarantee which has been made contingent upon something else, such as when he says 'if a debtor· does not pay his loan I will pay it'. #2313. A person whose debt is being guaranteed must in fact be a -305-

debtor, thus if a person wants to borrow from somebody one cannot become his guarantor until he has borrowed. #2314.0ne can become a guarantor when the creditor and debtor and the receivable commodity are all specified. Thus, when a person owes to two creditors and a third person says 'I guarantee payment to one of you' his guarantee is void since he has not specified which one of the two debts he is covering. Similarly, if someone is owed by two people and another says to him 'I have guaranteed the payment of the debt of one of those two people' his guarantee is void since he did not specify whose debt he is paying. And the same holds if one is owed by another 10 mans of wheat and 10 tomans of money and a third person says 'I guarantee your two receivables' without specifying whether he is guaranteeing the wheat or the money. #2315. If the creditor bestows what is due to him to the guarantor the latter cannot get anything from the debtor and if he forgoes part of it he cannot ask for that amount. #2316. If one guarantees someone else's debts he cannot retract his guarantorship. #2317. The guarantor and the creditor can stipulate that they can cancel the guarantee any time they want. #2318.1f it is the case that the person who guarantees can, at the time of guaranteeing, pay the creditor what he is entitled to, the creditor cannot cancel the guarantee if he becomes poor later on and asks the initial debtor for the receivable. And the same holds if he cannot pay the debt at that time but the creditor knows that, and consents to his guaranty. #2319. If at the time that the one who guarantees cannot pay what is due to the creditor and the latter does not know that and learns about it later, he can cancel his guaranteeing. #2320. If a person guarantees the payment of the debt of a debtor without his permission he cannot get anything from him. #2321. If a person guarantees the payment for the debt of a debtor with his permission he can ask him for the amount of the guaranty, but if he gives the creditor merchandise other than that which was receivable he cannot ask him for what he has given; for example, if he owes 10 mans of wheat and the guarantor gives 10 mans of rice he cannot demand rice from him, but there is no concern if he himself consents in giving the rice. PRECEPTS OF PERSONAL BAILING

#2322. Personal bailing is that in which one guarantees to hand over a -306-

debtor to a creditor whenever the creditor calls for the debtor. The same applies when a person has a right upon another or claims having such a right with an acceptable argument; in such cases if one guarantees to hand over the party to the owner of the right, or that who claims, upon his demand, the action constitutes personal bailing and the person who in this way becomes a guarantor is called a substitute. #2323. Personal bailing is correct if the substitute says to the creditor, in any dialect even if non-Arabic 'I guaranty to hand over to you the debtor whenever you wish', and that the creditor accepts, too. #2324. The substitute must be religiously accountable and sane and must not have been forced into the bailing and must be able to present the person whom he is bailing out. #2325. One of seven things voids personal bailing. First, that the substitute delivers the debtor to the creditor. Second, the payment of the debt to the creditor. Third, that the creditor forgoes what had been owed to him. Fourth, the death of the debtor. Fifth, freeing of the substitute from the bail by the creditor. Sixth, the death of the substitute. Seventh, the owner of the right leaves his right to someone else by a draft or some other means. #2326. When a person frees the debtor from the creditor's hand by forceful means he must hand him over to the creditor in case the latter has no access to him. PRECEPTS OF TRUST (DEPOSITS) #2327. If one gives his property to a person and tells him to hold it in trust and he, too, accepts that, or if without any talking the owner of the property makes him understand that he is giving him the property to guard it and he, too, takes it with the intention of guarding it he must act according to the precepts of trust and safekeeping which will be mentioned later. #2328. The safekeeper and the person who entrusts property must both have reached puberty and be sane; thus, if he entrusts property with a child or an insane, or if an insane or a child deposits property with a person, it is not correct. #2329. If he accepts something in trust from a child or an insane he must give it back to its owner and if that thing belongs to the child or the insane he must return it to his guardian, and if the property perishes he must give a recompense; but if he had taken if from a child in order to -307-

prevent it from perishing and had not lapsed in safeguarding the property he is not responsible. #2330. A person who cannot keep a deposit must, as an obligatory caution, not accept it. But this caution is not obligatory if the owner of the property is more helpless and there is no one who can better keep the property. #2331. When one makes the ·owner of a property understand that he is not available for keeping his property and he leaves the property and goes and the person does not take the property and it perishes, the one who did not accept the trusteeship is not responsible, but it is a recommended caution that he keeps it if possible. #2332. A person who deposits something can take it back any time he wants and the person who accepts something for safekeeping can return it to the owner any time he wants. #2333.1f one changes his mind about keeping a deposit ·and cancels the trusteeship he must, as soon as possible, return the property to its owner or his deputy or guardian, or inform them that he no longer is willing to keep it, and if he neither returns the property to them nor informs them without an excuse and the property perishes, he must make up for the loss. #2334. When a person who accepts a trust does not have a suitable place for it he must provide it with such a place and keep it in a manner that people will not say that he committed a perfidy and neglected in safekeeping it, and if he put it in an unsuitable place, where it perishes, he must compensate fo~ it. #2335. A person who accepts a deposit in trust and it perishes accidentally is not responsible if he does not neglect in safekeeping it nor he commits a wrong, meaning an excess. But if he, voluntarily, puts it in a place where one suspects that a tyrant may find out about it and take it away, he must compensate for it in case that it perishes, unless he has no place which is safer and cannot get the property to the owner or to a person who could safeguard it better, in which case he is not responsible. #2336. When the owner of property decides on a place for its safekeeping, and says to the person who has accepted the trust that he must keep the property in there and must not take it to another place even if he may find it likely that it will perish there, the safekeeper can take the deposit somewhere else in case he finds it likely that it will perish there and knows that owner's statement was based on his view that that place was a safer one. And if he takes it there and it perishes he is not responsible. -308-

But when he does not know why he was told not to take the deposit to another place, if he does and it perishes he [must], as an obligatory caution, recompense. #2337. If the owner specifies a place for the safekeeping of his property but does not say to the person who accepts the deposit not to take it somewhere else the trustee must take it to a safer place if he finds it likely that it may perish there. And in case that the property is lost (perished] there, he is not responsible. And if the owner, too, finds it likely that the property may be lost at that place it is not necessary for him to move it out from there [in the first place]. #2338. If the owner of the property becomes insane the trustee must take the property to his heir, or inform the heir of it, and in case he does not give the property to his inheritants and neglects to inform them and the property perishes he is responsible. But he is not responsible if the refusal to return the property and the loss of property and the neglect in informing results from a desire to ascertain whether or not the person who says 'I am the heir to the deceased' is telling the truth, or whether or not the deceased has other inheritants. #2340. If the property owner dies and has several heirs, the person who accepted the trust must give the property to all of the inheritants. or give it to the person who was left in charge of taking delivery of the property for all of them. Thus. if he gives the whole property. without the permission of the others, to one of the heirs he is responsible for the share of the others. #2341. If the person who accepts the trust dies or becomes insane his heir or guardian must, as soon as possible, inform the property owner or take the trust to him. #2342. If the trustee sees the signs of death within himself he must, if possible, take the trust to its owner or his deputy and if not possible he must give it to the religious ruler. And if he has no access to the religious ruler there is no need for a will if his heir is trustworthy and familiar with the trust. And if not he must leave a will and obtain a witness and give the name of the owner and the article and its characteristics. as well as its whereabouts, to the executor and the witness. #2343. If the trustee sees the signs of death within himself and does not act dutifully. according to what was mentioned in the previous problem. he must make up for it in case the trust perishes even though he may not have lapsed in keeping it and his condition improves or becomes regretful after sometime and makes a will. -309-

PRECEPTS OF LOANING #2344. A loan is that [in which] one gives his property to someone else to use and does not get anything from him in return. #2345. The reading of the formula in loaning is not necessary, and if, for example, one gives clothing with the intention of a loan and he receives it with the same intention, the loan is correct. #2346. Loaning a usurped object or something that belongs to oneself but its profits are left to others, such as a rental house, is correct provid~ ed that the owner of the usurped thing or the tenant of that thing says 'I consent to the loan'. #2347. One can loan an object whose profits belong to oneself, for example a rented property. However, if the rental agreement contains a condition indicating that he himself must use it he cannot loan it to someone else. #2348. The loaning of property by a child or an insane, who owns it, is not correct, but there is no concern if the child's guardian finds it appropriate to loan the child's property or if the child takes the property to the person who is borrowing it. #2349. One is not responsible for a borrowed object which is accidentally wasted if he has not neglected in keeping it nor has he overindulged in its use. However, if it is stipulated that the borrower is responsible for the wasting of the object, or if the borrowed thing is made of gold or silver, he must make up for the loss. #2350. If he borrows· gold and silver and stipulates that he is not responsible if it gets wasted he is not responsible if it does. #2351. If the loaner dies the borrower must give the borrowed object to the inheritants. #2352. If the loaner becomes such that he no longer can religiously take charge of his property the borrower must return the borrowed property to his guardian. #2353. A person who has loaned something can ask for its return any time he wants and the person who borrowed it can return it any time he wants. #2354. Loaning a gold or silver container for decorating a room is of no concern but it is void if given for an unlawful use. #2355. Loaning a sheep for the use of its milk and wool is correct as is loaning a male animal for pulling over a female.

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#2356. If he gives the borrowed thing to the owner or his deputy or guardian and then it gets wasted the borrower is not responsible; otherwise he is responsible even though, for example, he has taken it to a place where the owner usually took it such as fastening a horse in the stable which was made for it by the owner. #2357. If he loans an unclean thing, for use in eating and· drinking, he must tell of its uncleanliness to the borrower. #2358. He cannot rent or loan a borrowed thing to someone else without the permission of its owner. #2359. When he loans a borrowed thing with the permission of its owner the second borrowing does not become void in case of the death of the first borrower. #2360. If he knows that the borrowed property is extortive he must return it to its owner and he cannot give it to the loaner. #2361. If he borrows property which he knows to be extortive and uses it, and it perishes while in his hands, the owner can ask for compensation of the loss from him or from the person who had usurped it. And he can also ask the borrower for compensation for the use of it. But there is difficulty if he demands that compensation from the usurper. And if he gets compensation for the property, or its use, from the borrower the latter cannot ask the loaner for what he gives to the owner. #2362. When he does not know that the borrowed property is extortive and it perishes in his hands and the owner gets compensation from him he can ask the loaner for whatever he gave to the owner. But if the borrowed thing is gold or silver or if the loaner had made it a condition that in case of the loss of the thing he [must] compensate for it he cannot ask the loaner for whatever he gives to the owner of property. PRECEPTS OF WEDDING OR MARRIAGE AND MATRIMONY As a result of the marriage contract a woman becomes lawful to a man and that is of two kinds, permanent and impermanent. The permanent contract is that in which the length of matrimony is not specified and a woman contracted that way is called "permanent" and an impermanent contract is that in which the length of matrimoney is specified; examples .are when a woman is contracted for an hour or a day or a month or a year or more and a woman who is contracted that way is called a concubine (mot'eh) and a formula (seegheh).

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PRECEPTS OF CONTRACT [MARRAIGE] #2363. In marriage, either permanent or impermanent, the formula must be read and the consent of the woman and man alone is not enough; and the contract's formula is read either by the woman and the man themselves, or they deputize another person to read it on their behalf. #2364. It is not necessary for the deputy to be a man; a woman can also represent a person for reading the contract's formula. #2365. As long as they are not sure that the formula has been read by their representatives a man and a woman cannot cast an intimate (mahram) look upon each other nor is it sufficient to suspect that the deputy has read the formula. However, it is sufficient for the deputy to say 'I have read the formula'. #2366. If a woman deputizes someone to wed her to a man in a 10 day contract, for example, and she does not specify when the 10 days begin that deputy can contract her for 10 days, for that man, beginning any time he wants, if it is evident from the woman's statement that she has given full authority to the deputy. And if it is evident that the woman intended a specific day and hour he must read the formula according to her decision. #2367. One person can represent two people in reading the permanent or impermanent marriage contract. Similarly, a person himself can represent the woman involved in a permanent or impermanent contract, but it is a recommended caution that the contract be read by two persons. INSTRUCTIONS FOR READING THE PERMANENT CONTRACI' #2368. A contract is correct if the contract's formula is read by the man and the woman and first the woman says "I married myself to you for a specified charity" meaning 'I made myself your wife for a specified dowry'. The man says immediately " I accepted the marriage", meaning 'I accepted the marriage'. And if they deputize someone else for reading the contract's formula on their behalf and, in an instance in which the man's name is Ahmad and the woman's name is Fatemeh, it is correct when the woman's deputy says "I marry Fatemeh, whom I represent, for a specified charity to Ahmad, whom you represent" following which the man's deputy immediately shall say "I agree to the charity for my principal Ahmad".

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INSTRUCTIONS FOR READING THE IMPERMANENT CONTRACT #2369. When a woman and a man themselves want to read the contract's formula it is correct if the woman, after determination of the length of period and the dowry, says "I married myself to you for the specified length and the specified dowry" and the man says immediately "I accept". And if they deputize another person and first the woman's deputy says to that of the man "I merchandised (made available for pleasure) my principal to your principal for the specified length and the specified dowry" and then the man's deputy says immediately "I accepted that for my principal'', it is correct. THE CONDITIONS OF CONTRACT lfl370. A marriage contract has several conditions. First, that it be read in correct Arabic, as an obligatory caution, and if a woman and a man cannot read it in correct Arabic it is correct to read it in any [Arabic] dialect nor it is not necessary to obtain a deputy; but they must say it in a dialect such to convey the meaning of "I married and I accepted". Second, that the man or the woman, or their deputy, who reads the formula has the intention of enunciation, meaning that by "I married to you myselr' the woman's intention is to place herself as his wife and by "I accepted the marraige" the man is accepting her as his wife; and if the formula is read by the representative of the man and the woman by "I married you and I accepted'' their intention is that the man and the woman whom they represent become wife and husband. Third, that the person who reads the formula is sane and, as an obligatory caution, he has attained puberty, whether he reads it on his own behalf or he is representing someone else. Fourth, that if the formula is read by the woman's and the man's representative, or by their guardian, they specify the wife and the husband in the contract; for example, by naming them or by pointing to them. Thus, if a person who has many daughters states to a man that "I married you one of my daughters" meaning that 'I made your wife one of my daughters' and the man says "I accepted" meaning that 'I accepted' the contract is void, because they have not specified the girl in the contract. Fifth, that the woman and the man consent to the marriage. However, if the woman's permission comes with apparent disgust and it is evident that she is satisfied at heart the contract is correct. lfl371. If a word of contract is read mistakenly, such as to change its meaning, the contract is void. -313-

#2372. A person who does not know the Arabic grammar, if his pronunciation is correct and knows the meaning of each word of the contract separately, and intends its meaning, can read the contract. #2373. If a woman is contracted for a man without their permission and later the woman and the man says that they are satisfied with that contract the latter is correct. #2374. When a woman and·a man, or one of the two, are forced to marry and after reading the contract they give their consents and state that we are satisfied with that contract, the latter is correct. #2375. A father and a paternal grandfather can marry for their child who has not yet reached puberty, or was an insane when reaching puberty; and after that child reached puberty, or the insane became sane, he cannot cancel the marriage that was done for him if it did not involve a mischief against him and can cancel it if a mischief was involved: #2376. If a girl who has reached puberty and is courageous (mature), that is one who knows her interests, wants to take a husband she must, as an obligatory caution, obtain permission from her father or paternal grandfather if she is a virgin and the permissions of mother and brother are not necessary. #2377. When the father and paternal grandfather are absent such that their permission cannot be obtained, and also the girl is in need of taking a husband, it is not necessary to obtain the permission of the father and paternal grandfather. Similarly, the permission of the father and paternal grandfather is not necessary when the girl is not a virgin, if her virginity had been removed as a result of taking a husband. #2378. If a father or a paternal grandfather takes a wife for his minor child the son must pay the wife's expenses after he has reached puberty. #2379. If a father or a paternal grandfather takes a wife for his minor son the latter, in case he has an asset at the time of the contract, owes the woman a dowry and if he had no assets at the time of the contract his father or paternal grandfather must give the woman's dowry. THOSE DEFECTS BECAUSE OF WHICH THE CONTRACT CAN BE CANCELLED #2380. If after the contract a man learns that one of the following seven defects exists in the woman he can cancel the contract. First, insanity; second, elephantiasis; third, leprosy; fourth, blindness; fifth, lameness when it is obvious; sixth, when the path of urine and menses or

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that of menses and stool have become one, but there is difficulty in cancelling the contract when the path of her menses and that of stool have become one, and caution must be observed; seventh, when there is flesh or bone or a gland in her vagina, blocking intercourse. '

#2381. If a woman, after the contract, learns that her husband is insane or has no male organ or is impotent and cannot practice coitus and intercourse, or that his testicles are pulled off, she can cancel the contract and details of this problem and that of the preceding one is recorded in the book "Tahrir al-vasileh". [see Foreword] #2382. If a man or a woman cancels a contract because of one of the defects mentioned in the preceding two problems they must separate from each other without any divorce. #2383. If as a result of impotence of the man the woman cancels the contract the husband must give half of the dowry but if the man or the woman cancels a contract because of any other of the above-mentioned defects the man owes nothing if he has not had intercourse with the woman, and if he has he must pay the full dowry. THOSE WOMEN WITH WHOM MARRIAGE IS UNLAWFUL #2384. Marriage with those women who are one's intimates (mahram), such as one's mother and sister and mother-in-law, is unlawful. #2385. If a person contracts a woman for himself, even if he had no intercourse with her, her mother and maternal grandmother and paternal grandmother, and those who ascend further up from them, become his intimates. #2386. If he contracts a woman and has intercourse with her that woman's daughter and her grandchildren from a daughter or a son, and those who descend further on down from them, be they born at the time of the contract or thereafter, become the intimates of that man. #2387. Even if he has not had intercourse with a woman that he has contracted he cannot marry her daughter as long as the woman is wedded to him. #2388. A father's paternal and maternal aunts and grandfather's paternal and maternal aunts, and a mother's paternal and maternal aunts and grandmother's paternal and maternal aunts and those who ascend further on up are one's intimates. #2389. A husband's father and paternal grandfather and further on up -315-

the lineage and his son and grandsons, be it from sons or from daughters, and further on down the lineage are the wife's intimates, whether they exist at the time of contract or are born later. #2390. If he contracts a woman for himself, be it a permanent or a formula, he cannot marry the sister of that woman as long as he is married to her. #2391. If he divorces his wife in a reversible manner, to be mentioned in the book of divorce, he cannot contract her sister during the waiting period. Further, it is a recommended caution that he abstains from marrying her sister during the waiting period of the nonreversible divorce; to be expounded on later. #2392. One cannot marry his wife's niece without the wife's permission but there is no concern if he contracts them without her permission and the wife says later 'I consent to that contract'. #2393. If a woman finds out that her husband has contracted her niece and remains silent their contract is void in case she does not consent to it later. Further, if it is evident from her silence that she was satisfied from within it is an obligatory caution that her husband separates from her niece, unless she gives permission. #2394. If a person fornicates with one's paternal or maternal aunt before marrying their daughter, he can no longer marry them. #2395. There is no concern in the contract involving a person who marries his own cousin (paternal or maternal) and fornicates with their mother before having intercourse with them. #2396. If he fornicates with a woman other than his aunt (paternal or maternal) it is an obligatory caution that he does not marry her daughter. But if he contracts a woman and has intercourse with her and then fornicates with her mother that woman does not become unlawful to him. And the same holds if before intercourse with her he fornicates with her mother. But in this case he should separate from that woman, as a recommended caution. #2397. A Moslem woman cannot be contracted by an infidel nor can a Moslem man marry an infidel woman in a permanent fashion. However, there is no concern in concubinage with those women who are among People of the Book such as the Jews and Christians. #2398. If he fornicates with a woman who is in the waiting period of a reversible divorce, that woman becomes unlawful to him and if he fornicates with a woman who is in the waiting period of a concubinary or -316-

nonreversible divorce, or that of death, he can contract her later although it is a recommended caution that he does not marry her; and the meaning of reversible and nonreversible divorces and the concubinary and demise waiting periods will come in the precepts of divorce. #2399. If he fornicates with a single woman who is not observing a waiting period he can later contract her for himself but, as a recommended caution, he should wait until the woman sees menses before contracting her and the same holds if someone else wants to contract that woman [for marriage].

#2400. If he contracts for himself a woman who is observing a waiting

period related to another person that woman becomes unlawful to him if the man and the woman, or one of the two, knows that the woman's waiting period is not yet finished, and that contracting a woman is unlawful while she is in her waiting period; even if the man has not had intercourse with that woman after the contract. #2401. If he contracts a woman for himself and has intercourse with her only to realize that she was in a waiting period that woman becomes unlawful to him in case none of them knew that the woman has been in a waiting period and that contracting a woman in that state is unlawful. #2402. If one knows that a woman has a husband and marries her he must separate from her and he can no longer contract her for himself. #2403 .A married woman who fornicates does not become unlawful to her own husband and in case she does not atone and continues to do her act it is better that the husband divorces her, but he must pay her the dowry. #2404. When a woman who has been divorced and a concubine whose husband has spared her the term, or one whose term is finished, takes a husband after sometime and at the time of contracting the second husband doubts whether or not her waiting period of the first husband was finished, she must ignore her doubt.

#240S. The mother and sister and daughter of a boy who performed sodomy are unlawful to the sodomite even if the doer and the giver of sodomy are both minors. But if he suspects that he entered, or doubts whether or not he entered, they do not become unlawful to him. #2406.If he marries the mother or sister or daughter of a person and then practices sodomy with that person, they do not become unlawful to him.

lf2407. If a person marries a woman while wearing the pilgrim's garb (abram), which is one of the act of Haj, his contract is void and if he had known that taking [marrying] a woman was unlawful for him he no -317-

longer can marry that woman. #2408. If a woman who is wearing the pilgrim's garb marries a man who is not wearing that garb her contract is void, and if the woman had known that it was unlawful to marry while wearing the garb she should not later marry that man, as an obligatory caution. #2409. If a man does not practice the circumambulation of women (nessa), which is one of the acts of Haj, his wife, which as a result of having become an intimate had become unlawful to him, does not become lawful to him again. Similarly, if a woman does not practice the circumambulation of women her husband does not become lawful to her. However, if later they practice the circumambulation of women they will become lawful to one another. #2410. If a person contracts for himself a girl who has not reached puberty and before she finishes her ninth year enters the girl he must never have intercourse with her in case he causes her path of urine and menses or that of menses and stool to become one. #2411. A woman who has been divorced three times becomes unlawful to her husband. But if she marries another man, with those conditions which will be said in the book of divorce, the first husband can again contract her for himself. PRECEPTS OF THE PERMANENT CONTRACT #2412. A woman who has been contracted permanently must not leave the house without the husband's permission and must surrender herself for any pleasure that he ·wants and must not prevent him from having intercourse with her without a religious excuse. And if she obeys the husband in these the provision of her food and clothing and dwelling and other appliances mentioned in books is obligatory for the husband and if he does not provide them he is indebted to the woman, whether or not he can afford them. #2413.1f the wife does not obey her husband in those actions mentioned in the previous problem, she is a sinner and has no right to food and clothing and shelter and sleeping [with the husband] but her dowry will not be lost. #2414. A man does not have the right to force his wife in servicing the house. #2415.If the expense of a wife's travelling is more than that in the country [hometown] they do not fall upon the husband but if the husband wishes to take the wife for travel he must pay her travelling expenses. -318-

#2416. A woman who obeys her husband can, in case she asks for sustenance and the husband refuses to give, take out an amount equal to that day's sustenance from his assets without his permission, and if this is not possible and she is forced to provide a living by herself she is not obligated to obey the husband while engaged in providing sustenance. #2417. A man cannot abandon his permanent wife such that she is neither like a married woman nor like a woman without a husband. However, it is not obligatory that he stays with her one out of every four nights. #2418. A husband cannot abandon intercourse with his permanent wife for more than four months. #2419. If they do not specify the dowry in a permanent contract the contract is correct and in case he has had intercourse with her he must give her dowry in accordance to that given to women who are like her. #2420. If the length of time for giving the dowry is not specified when they read the permanent contract the woman can block the husband from intercourse until she receives the dowry, whether or not the husband can afford to pay the dowry. But if before receiving the dowry she consents to intercourse and the husband has intercourse with her she no longer can prevent her husband from intercourse with her, without a religious excuse. CONCUBINE OR FORMULA #2421 Concubinage of a woman is correct even if it is not for seeking pleasure. #2422. A husband must not abandon intercourse with his concubine for more than four months. #2423. If a woman who becomes a formula conditions that the husband has no intercourse with her the contract and the condition are correct and the husband can only get other pleasures from her, but if she later consents to intercourse the husband can have intercourse with her. #2424. A formula woman, though she becomes pregnant, has no right to sustenance. #2425. A formula woman has no right to sleep with the man and will not inherit from the husband nor the husband inherits from her. #2426. If the formula wife did not know that she has no right to sustenance and to sleep with her husband her contract is correct, and she shall find no right upon her husband for her ignorance. -319-

#2427. A formula wife can leave the house without her husband's permission but if as a result of her leaving the house a husband's right is violated it is unlawful for her to leave the house. #2428. When a woman deputizes a man to arrange a concubinage between them for a specified term and price and the man instead contracts her in a permanent fashion, or forms a concubinage on a term and amount different from what was specified, the contract is correct if the woman says 'I am satsified' after she learns of the facts, else it is void. #2429. A father and a paternal grandfather can marry a woman to his minor son for a period of one or two hours for the purpose of becoming an intimate. Similarly, for the purpose of becoming an intimate, they can contract their daughter to another person but that contract must not involve mischief against the girl. #2430. If for the purpose of becoming an intimate a father or a paternal grandfather contracts, for someone, his child who is somewhere else and he does not know whether he (she) is alive or dead, an apparent intimacy will result, and in case it becomes evident that at the time of contract the girl had not been alive that contract is void and those who, as a result of the contract, had become apparent intimates become strangers. #2431. If the man spares the woman the term of the concubinage he must give her all those things that they had agreed upon if he has had intercourse with her, and if not he must give her half of that.

#243i. A man can (permanently) contract for himself the woman who was his concubine and whose waiting period is not yet over.

PRECEPTS OF LOOKING #2433. A man's look at the body of a woman who is a stranger, whether or not with the intention of pleasure, is unlawful. Further, it is an obligatory caution that he does not look even without the intention of pleasure. Similarly, a woman's look at the body of a man who is a stranger is unlawful, and there is no concern in looking at the face and body and hair of a minor girl if it is not done with the intention of pleasure nor is there fear of him committing an unlawful act. However, as a matter of caution, he must not look at places such as the thighs and abdomen which are usually covered. #2434. There is no concern if one, without the intention of pleasure, looks at the face and hands of those women who are among People of the Book, such as Jewish and Christian women, provided that he is not -320-

fearful of falling into an unlawful. #2435. A woman must cover her body and hair from a man whois a stranger. Further, it is an obligatory caution that she covers her body and hair from a minor boy who distinguishes good from bad and has reached the point of lustful viewing. #2436. Looking at another's privates is unlawful even though through a glass or in a mirror or clear water and the like. And they must not look at the privates of a discerning child, as an obligatory caution. But a wife and a husband can look at all of each other's body. #2437. A man and a woman who are intimates of one another can, if not with intention of pleasure, look at all of each other's body except the privates. #2438. A man must not look at the body of another man with the intention of pleasure, also it is unlawful for a woman to look at the body of another woman with the intention of pleasure. #2439. It is not unlawful for a man to take a picture of a woman who is a stranger to him. However, if for taking the picture he has to commit another unlawful act, such as touching her body, he must not take her picture; and if he knows a stranger woman who is not disreputable he must not look at her picture. #2440. If in a state of helplessness a woman wants to give an enema to another woman or to a man, other than her husband, or if she wants to rinse his privates, she must put her hand into something such that her hand does not touch their privates. The same applies to a man who wants to give an enema, or rinse the privates, of another man, or a woman other than his wife. #2441. There is no concern if a man who treats a woman is forced into looking at her and touching her body. However, if he can treat her only by looking at her he must not touch her body, and if he can treat her by touching he must not look at her. #2442. If in order to treat someone one has to look at his privates he must, as an obligatory caution, put a mirror in front [of it] and look into the mirror, but there is no concern if one has no recourse other than looking at the privates. MISCELLANEOUS PROBLEMS OF MARRIED LIFE #2443. Taking a wife is obligatory for a person who, as a result of being single, commits an unlawful. -321-

#2444. If in a contract the husband stipulates that the woman be virgin and after the contract it becomes evident that she was not, he can cancel the contract.

#2445. When a man and a woman, who are strangers to each other, are in a quiet place where no one else is there, and no one else can enter there, they must get out of there if they fear that they may fall into an unlawful. #2446. If in a contract the man specifies a dowry for the woman and intends not to pay it the contract is correct but he must pay the dowry. #2447. A Moslem who denies God or the Prophet or when he denies an essential precept of the religion, that is a precept that Moslems consider as part of their religion, such as the obligation to pray and fast, he is an apostate if the denial of the precept implies denial of God or the Prophet. [see Appendix II] #2448. If before having intercourse a woman becomes an apostate, in accordance to what was mentioned in the previous problem, her contract becomes void. The same holds if she became an apostate after intercourse but while in menopause, meaning the age of 60 for a Master (woman) and the age of 50 for a non-Master. But if she is not menopausal she must observe the waiting period according to the instructions to be given in the precepts . of divorce. Thus, if she becomes a Moslem while observing the waiting period the contract persists and if she remains an apostate to the end of the period the contract is void. #2449. If a person whose parents, at the time of his fecundation, were Moslems and who accepted Islam when he reached puberty becomes an apostate his wife will become unlawful to him and she must observe the waiting period of death, for an amount given in the book of divorce. #2450. When a man who is born from a non-Moslem father and mother and has become a Moslem denies his faith, before having intercourse with his wife, his contract becomes void and if he denies Islam after intercourse, his wife must, if she is of the age in which women menstruate, observe a waiting period of the amount given in the book of divorce. Thus, if before the waiting period comes to an end her husband becomes a Moslem the contract is extant, else it is void. #2451. If a woman stipulates in the contract that he will not take her out of the city and the man accepts the condition he must not take that woman away from that city. #2452. If one's wife has a daughter from another husband one can contract that daughter for his own son who is not born to that woman. -322-

Similarly, if he contracts a girl for his son he can marry the mother of that girl. #2453. If a woman becomes pregnant from fornication it is not acceptable for her to abort her child. #2454. When a person who fornicates with a woman who has no husband, and is not observing someone else's waiting period, later contracts her and a child is born from them the child is legitimate if they do not know whether or not he is of lawful or unlawful beginning.

#2455. When a man does not know that a woman is in a waiting period and marries her, and the woman does not know that either, and a child is born from them he is legitimate and is religiously from both of them, but if the woman knew that she was observing a waiting period the child is religiously from the father, and in both situations the contract is void and they are unlawful to each other. #2456. If a woman says 'I am past menopause' her word must not be accepted but if she says 'I have no husband' her word is acceptable. (The meaning of menopause is given in Problem #2448.) #2457. If after one has married a woman and somebody says 'that woman had a husband' and the woman says 'I did not' the woman's word must be accepted in case her having a husband remains religiously unproven. #2458. If a woman who is free and a Moslem and sane has a daughter the father cannot separate her from her mother before she finishes her seventh year of age. #2459. It is recommended that one hurries in giving husband to a daughter who has attained puberty, meaning that she is of the age of religious accountability. His Holiness, Sadegh*, salutations to him, bade that it is one of a man's good fortunes that his daughter does not see menses in his own house. *[the shiite Moslem's 6th Imam] #24Ql. If a woman bestows her dowry to her husband so that he does

not take another wife it is an obligatory caution that the woman does not receive the dowry and the man does not marry another woman. #2461. When a person who is born from fornication takes a wife and finds a child the latter is legitimate.

#2462. When a man has intercourse with a woman during the fast of

the month of Ramazan, or while she is menstruating, he has committed a sin but a child that might be born from them is legitimate. -323-

#2463. If a woman who is certain of the death of her husband while he was travelling marries a man, after finishing the waiting period for the death (the amount of which is to be mentioned in the book of divorce), and the first husband returns she must separate from the second husband and she is lawful to the first one. But if the second husband has had intercourse with her the woman must observe a waiting period; and the second husband must pay her dowry in accordance to what is deserving of women like her, but there is no expense for the waiting period. PRECEPTS OF SUCKLING

#2464. If a woman nurses a child, with those conditions to be mention-

ed in Problem #2474, that child becomes an intimate to the following people. First, the woman herself, who is referred to as the milk-mother. Second, the husband of the woman, to whom the milk belongs, referred to as the milk-father. Third, the father and mother of that woman and further on up as they ascend even if they are her milk-parents. Fourth, those children born from that woman or are to be born from her. Fifth, the children of children of that woman and further on down as they descend, whether born from her children or nursed by her children. Sixth, the woman's sister and brother even though [related] by milk; that is they have become the woman's sister and brother as a result of suckling. Seventh, the paternal uncle and aunt of that woman, though it is a result of suckling. Eighth, the maternal uncle and aunt of that woman, even if by milk. Ninth, the children of that woman's husband, to whom the milk belongs, and further on.down as they descend, even if they are his milkchildren. Tenth, the father and mother of the woman's husband, to whom the milk belongs, and further on up as they ascend. Eleventh, the sister and brother of the husband to whom the milk belongs even if they are his milk-sisters and milk-brothers. Twelvth, paternal uncle and aunt and maternal uncle and aunt of the husband, to whom the milk belongs, and further on up as they ascend even though [related] by milk. In addition, one more group which will be mentioned later, will become intimates as a result of nursing. #2465. If a woman nurses a child, with the conditions given in Problem #2474, the father of that child cannot marry the daughter born to that woman nor can he contract for himself the daughters of the husband to whom the milk belongs. Further, as an obligatory caution, he should not contract for himself the milk-daughter of that man. But it is acceptable for him to marry the milk-daughter of the woman, although it is a

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recommended caution not to marry them either, and not to cast an intimate look upon them, i.e. a look that one can cast upon his own intimates.

#2466. When a woman nurses a child according to the conditions given in Problem #2474 her husband, who owns the milk, will not become intimates to the sisters of the child but he should not marry them, as a recommended caution. Similarly, the husband's relatives do not become intimates to the child's sister and brother. #2467. If a woman nurses a child she will not become an intimate to the child's brothers nor will the relatives of the woman become intimates to the brother and sister of the child who was nursed. #2468. If one marries a woman who has nursed a girl completely and has intercourse with her he no longer can contract that girl for himself. #2469. If one marries a girl he no longer can marry the woman who has completely nursed that girl. #2470. One cannot marry a girl who was nursed completely by one's mother or grandmother. Similarly, if a girl was nursed by a persons' stepmother from the milk of his father that person cannot marry that girl. And when he contracts a suckling girl for himself and later his mother or grandmother or stepmother nurses that girl from the milk of the same father the contract becomes void. #2471. One cannot marry a girl who was nursed completely by one's sister or by one's sister-in-law and from the milk of one's brother. The same holds if that girl was suckled by one's niece or by one's granddaughter of one's sister or brother. #2472. If a woman nurses the child of her own daughter her daughter becomes unlawful to her own husband and the same holds if she nurses the child begotten by her son-in-law from another woman. But if she nurses the child of her own son her daughter-in-law, who is the mother of the suckling child, will not become unlawful to her own husband. #2473. If a girl's stepmother suckles a child of that girl's husband with the milk of that father that girl becomes unlawful to her own husband, whether the child is from that daughter or from a different wife of her husband. mE CONDITIONS OF SUCKLING WHICH RESULTS IN BECOMING AN INTIMATE #2474. The suckling that results in becoming an intimate has eight conditions. First, that the child drinks the milk of a woman who is alive.

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Thus, it is useless if he drinks milk from the breast of a dead woman. Second, the woman's milk must not be unlawful in origin. Thus, if they give a child the milk of another child born [as a result] of fornication that child will not become intimate to anyone because of that milk. Third, that the child sucks the milk from the breast. Thus, it is ineffectual if the milk is poured into the child's throat. Fourth, that the milk be pure and not mixed with something else .. Fifth, that the milk comes from one husband. Thus, when a nursing woman is divorced and she takes another husband and becomes pregnant from him and the milk from her first husband stays until the delivery and, for example, she nurses a child eight times, before her delivery, from the milk of her first husband and seven times, after her delivery, from the milk of her second husband that child will be intimate to no one. Sixth, that the child does not vomit the milk as a result of an illness and if he did those who become intimates to that child as a result of the milk must not marry that child, as an obligatory caution; nor should they cast an intimate look upon him. Seventh, that the child is given a full stomach of milk 15 times, or one day and night, as will be mentioned in the next problem; or that he is given an amount of milk such that it can be said that 'his bone has become strong from that milk and flesh has grown in his body'. Further, even if he is suckled 10 times it is a recommended caution that those who become his intimates by suckling do not marry him nor cast upon him an intimate look. Eighth, that he has not finished his second year of life, and if he is suckled after the end of the second year he does not become intimate to anyone. Further, if he is suckled 14 times before finishing the second year of age and once after that he becomes intimate to no one. However, if more than two years has passed since the delivery of a nursing woman and she still has milk, and suckles a baby, the latter becomes an intimate to those mentioned. #2475. The child must not eat food or someone else's milk during the day and night period. However, there is no concern if he eats a little food such that it is not said of him that he ate in between. Similarly, he must suckle from one woman on all15 occasions and must not suckle from another person between those occasions and he must, on each occasion, drink the milk without intermission. However, there is no concern if he takes a breath while suckling or he waits awhile, such that from the time that he latches onto the breast to the time he becomes full is counted as one. #2476. If a woman suckles a child from the milk of her husband and then takes another husband and nurses another child from the milk of that

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husband those two children will not become intimates, although it is better that they d9 not marry each other and do not cast an intimate look upon one another. #2477. If a woman nurses several children from the milk of the same husband they all become intimates to each other as well as to the husband and the wife who suckled them. #2478. If a person has several wives and each one nurses a child according to the conditons we mentioned all those children become intimates to each other as well as to the man and to all of the women. #2479. If a person has two nursing wives and one ofthem suckles a child, for example, eight times and the other seven times that child becomes an intimate to no one. #2480. If a woman nurses a boy and a girl completely from the milk of one husband the brother and sister of that girl will not become intimates to the brother and sister of that boy. #2481. One cannot marry those women who, as a result of suckling, have become his wife's nieces, without his wife's permission. Similarly, if he practices sodomy with a boy he cannot marry the milk-related daughter and sister and mother and grandmother of that boy, i.e. those that have become his daughter and sister and mother as a result of suckling. #2482. A woman who has nursed one's brother does not become that person's intimate although it is a recommended caution that he does not marry her.

#2483. One cannot marry two sisters even though they are sisters by suckling (meaning as a result of milk) and in case he contracts both women and later learns that they were sisters both contracts are void if they were simultaneous, and if not, the first contract is correct and the second is void.

#2484.If a woman nurses some people, to be mentioned later, from her husband's milk her husband does not become unlawful to her although it is better to be cautious. First, her brother and sister. Second, her paternal uncle and aunt and maternal uncle and aunt. Third, the children of her paternal and maternal uncles. Fourth, her own nieces and nephews. Fifth, her brother or sister-in-laws. Sixth, her nieces and nephews or those of her husband. Seventh, her husband's uncles and aunts (paternal and maternal). Eighth, the grandchild of her husband's other wife. #2485. If someone suckles the daughter of one's paternal or maternal aunt she does not become one's intimate but one should refrain from marrying her, as a recommended caution. -327-

#2486. When one of the two wives of a man nurses the child of the paternal uncle of the other wife, the wife whose paternal uncle's child was nursed does not become unlawful to her own husband. THE PROPRIETIES OF NURSING #2487. For nursing a child the best person is his mother and it is right that the wife does not ask for wages from the husband for nursing the child and it is appropriate that the husband pays her for it. And if the mother wants more wages than that asked by a wet nurse the husband can take the child from her and give it to the wet nurse. #2488. It is recommended that the wet nurse employed for a child be a Twelver and be intelligent and chaste and good-looking and it is abominable that she be of low intelligence or be a non-Twelver or ugly or a bastard. Similarly, it is loathesome to employ a wet nurse whose o.wn child is born out of fornication. MISCELLANEOUS PROBLEMS OF NURSING #2489 It is recommended that women be prevented from suckling any and every child since it is possible for them to forget who they have nursed and thus result in the marriage of two who are intimate to one another. #2490. It is recommended that those who become relatives as a result of nursing respect one another but they do not inherit from one another and do not enjoy the rights of relations that a person has with his own relatives. · #2491. It is recommended that, if possible, a child be suckled for two full years. #2492. If a husband's right is not denied by nursing a child a woman can, without her husband's permission, nurse another person's child. But it is not lawful for her to nurse a child who, as a result of it, becomes unlawful to her husband. For example, if her husband has contracted [in marriage] a suckling girl for himself the wife must not nurse that child because if she did she herself becomes her husband's mother-in-law and therefore unlawful to her husband. #2493. If somebody wants to become an intimate to his brother's wife he must enter into a concubinage with a suckling girl, for a length of time, for example two days, and have his sister-in-law nurse that girl according to the conditions mentioned in Problem #2474. -328-

#2494. If a man, before he contracts a woman for himself, says that the woman has become unlawful to him as a result of suckling (for example, if he says that he drank milk from her mother) he cannot marry that woman, if it is possible to corroborate him. And if he says so after the contract and the woman believes his words the contract is void. Thus, if he has not had intercourse with her, or if he has done so but the woman knew that she was unlawful for that man, there is no dowry and if she learns that she was unlawful to him after intercourse the husband must pay the dowry in line with that of other women who are like her. #2495. If before the contract a woman says that she has become unlawful to a man because of suckling, she cannot marry that man if she can be corroborated. And if she says so after the contract it is similar to the situation of a man who states after the contract that a woman is unlawful to him, and its ruling was mentioned in the previous problem. #2496. A suckling which results in becoming intimates is proven by two things. First, a narrative by a group in whose words one finds certainty. Second, the witnessing by two just men or four just women, but they must also tell of the nursing condition. For example, they must say we saw that boy take milk from the breast of that woman for 24 hours and he ate nothing in between. Similarly, they should describe the other conditions mentioned in Problem #2474. But explaining the conditions is not necessary if it is clear that they know the conditions and they do not oppose each other in the belief and if they have no conflict of ideas with the man and the woman. #2497. If they doubt whether or not the child was nursed to the amount which results in becoming an intimate, or if they suspect that the child has drunk that amount, that child becomes intimate to no one but it is better to observe caution.

PRECEPTS OF DIVORCE #2498. A man who divorces his wife must be sane and, as an obligatory caution, must have reached puberty and divorce his wife on his own will. And if he is forced into divorcing his wife the divorce is void. And, he must have the intention of divorcing, thus if he jokingly says the divorce formula, it is not correct. #2499. At the time of divorce the woman must be clean from menstrual and childbirth blood and the husband must not have had intercourse with her while she was clean. Details of these two conditions will be give in the coming problems.

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#2500. In three situations divorcing a woman in the state of menstruation or childbirth is correct. First, that the husband did not have intercourse with her after the marriage. Second, when she is pregnant, and if it is not known that she is pregnant and her husband divorces her while menstruating and later learns of the pregnancy there is no concern. Third, that as a result of being absent the man cannot learn of the cleanliness of the woman or that it is difficul~ for him to learn about it. #2501. If he believes the woman to be clean of menstrual blood and divorces her, only to learn that she was menstruating at the time of the divorce, her divorce is void. And if he believes her to be menstruating and divorces her only to learn that she was clean her divorce is correct. #2502. If a person who knows that his wife is menstruating or that she is in the childbirth state he must wait until the time in which women usually become clean of menses or childbirth. #2503. If a man wants to divorce his wife in his own absence he must wait for the time which it usually takes for women to become clean from menstruation or childbirth when he is able to find out whether or not his wife is menstruating or is in the childbirth state, even though his information is based upon the woman's menstrual habit or on other signs specified in the religion (shar'). #2504. When he has intercourse with his wife who is clean from menstrual and childbirth blood and wants to divorce her he must wait until she menstruates and becomes clean again. But there is no concern in divorcing a woman after intercourse if she is less than nine years old or she is pregnant. The same holds when she is menopausal, meaning one who is older than 60 years of age, if a (woman) Master (seyyedeh) [certain female descendents of the Prophet], and more than 50 years of age, if she is not. #2505. If after intercourse with a woman who is clean from menstrual and childbirth blood he divorces her, while still clean, and later it becomes evident that she had been pregnant at the time of the divorce, there is no concern. #2506. If he has intercourse with a woman who is clean from menstrual and childbirth blood and embarks on a travel he must, in case he wants to divorce his wife while travelling, wait for the length of time which it usually takes for that woman to see blood after she becomes clean to the time that she becomes clean again. #2507. If a man wants to divorce his wife who, as a result of an illness, does not menstruate he must refrain from copulating with her for three months after the last intercourse with her and then divorce her. -330-

#2508. The divorce must be read in correct Arabic formula and be heard by two just men and in case the man himself wants to read the divorce formula and the woman's name is Fatemeh, for example, he must say: "My wife, Fatemeh, is divorced" meaning 'my wife, Fatemeh, is free'. And in case he deputizes someone else the latter must say "My principal's wife, Fatemeh, is divorced". #2509. A formula woman who, for example, has been contracted for a month or a year, has no divorce and her release is upon expiration of her term or by abnegation of her term by the man, by saying 'I spared you the term'; and neither obtaining a witness nor cleanliness of the woman from menstruation are necessary.

THEWAITING PERIODS OF DIVORCE #2510. A woman who has not finished nine years of age, and a menopausal woman*, has no waiting period; meaning that she can marry immediately after the divorce even if she has had intercourse with her husband. (*The meaning of 'menopausal' was given in Problem #2448.) #2511. In the case of a woman who has finished nine years of age and is not menopausal*, if her husband has intercourse with her and divorces her she must observe a waiting period after the divorce, that is she must wait until she menstruates and becomes clean again two times and the waiting period finishes as soon as she sees the third menses and she can take a husband. But there is no waiting period if he divorces her before intercourse, meaning that she can take a husband immediately after the divorce. (*The meaning of 'menopausal' was given in Problem #2448.) #2512. A woman who sees no menstrual [blood], whose age is that of those women who do menstruate, must observe a three month waiting period after the divorce if her husband divorces her after intercourse. #2513. When a woman whose waiting period is three months is divorced in the beginning of the month she must observe a waiting period for three lunar months, which means for three months past the viewing of the moon. And if divorced during the month she must observe three full months, consisting of the remainder of the month together with two months thereafter together with the remainder of the term to be taken out of the fourth month. Thus, if she was divorced on the sunset of the 20th day of the month and if that month has 29 days she must wait for the remaining nine days together with two months from that time and 20 days from the fourth month. And it is a recommended caution that she -331-

waits until the 21st day of the fourth month such that when added to the amount observed in the first month it reaches 30 days #2514. If a pregnant woman is divorced her waiting period lasts until the birth of her baby or its abortion. Therefore, if her child is born an hour after the divorce her waiting period has ended. #2515. A woman who has finished her ninth year of age and [who] is not menopausal and enters into concubinage for, for example, a month or a year must, in case of intercourse with her husband, refrain from taking a husband for two menstrual periods, if she menstruates, and 45 days if she does not; beginning from the time her term comes to an end or she is spared by the husband.

a

#2516. The beginning of a divorce corresponds to when the reading of the divorce formula is finished whether or not the woman knows that she has been divorced. Thus, if she learns of the divorce at the end of the waiting period it is not necessary to observe it again.

THE WAITING PERIOD OF A WOMAN WHOSE HUSBAND HAS DIED #2517. If not pregnant, a woman whose husband is dead must observe a waiting period of four months and 10 days, meaning that she must refrain from taking a husband albeit that she is in menopause or in a concubinage or that the husband has had no intercourse with her. And if she is pregnant she must observe a waiting period until the child is born. However, if her child is born before the 4 months and 10 days is up she must wait until four months and 10 days is past her husband's death, and this waiting is called the waiting of a demised. #2518. Wearing colorful clothes and applying collyrium is unlawful for a woman who is observing the waiting period of a demised, as are those acts which are considered beautifying (ornamentation). #2519. If a woman becomes certain of the death of her husband and marries after observing the waiting period of a demised, only to become evident that the husband's death occurred after what it was originally thought, she must separate from her second husband and, if pregnant, observe the prescribed amount of the waiting period of divorce (for her second husband) as well as the waiting period of a demised (for her first husband); and if not pregnant, she observes the waiting iJeriod for a demised for her first husband and then the waiting period of a divorce for her second husband. -332-

#2520. The beginning of a waiting period of a demised is from the time that a woman learns of her husband's death. #2521. With two conditions a woman's statement that my waiting period is ended is acceptable. First, that she is not subject to an accusation and second, that enough time has passed from her husband's divorce or death that the lapse of the waiting period is possible within it. IRREVERSIBLE DIVORCE AND REVERSIBLE DIVORCE #2522. The irreversible divorce is that in which the man has no right to return to his wife after the divorce, that is accepting her as his wife without a contract; and it is of five kinds. First, the divorce of a woman who has not finished her ninth year of age. Second, the divorce of a woman who is in menopause, that is one who is older than 60 years of age in the case of a (woman) Master and older than 50 years of age if she is not a (woman) Master. Third, the divorce of a woman whose husband has not had intercourse with her after the contract. Fourth, the divorce of a woman who has been divorced three time before. Fifth, divorce of dethronement and that of detestation, and the precepts of these will be mentioned later. The other divoce is the reversible kind in which the man can return to his wife after the divorce, as long as she is observing the waiting period. #2523. It is unlawful for a man who has divorced his wife reversibly to throw her out of the house in which she lived at the time of the divorce. But ousting is of no concern in some occasions which are mentioned in detailed books. Similarly, it is unlawful for the woman to leave that house for those activities that are unnecessary. PRECEPTS OF RETURNING #2524. In a reversible divorce a man can return to his wife in two ways. First, that he says something to convey the meaning that he is again placing her as his wife. Second, that he does something from which she understands his return. #2525. For returning it is not necessary for the man to obtain a witness or to inform the woman. Thus it is correct if he says that 'I returned to my wife', without the knowledge of someone else. #2526. The right of return is not lost if a man who divorces his wife reversibly receives property from her and makes peace with her in lieu of not returning to her in the future. -333-

#2527. If he divorces a woman twice and returns to her again, or if he divorces her twice and contracts her after each divorce, after the third divorce that woman becomes unlawful to him. But if she marries someone else after the third divorce she becomes lawful to her first husband under four conditions, that is he can contract her again. First, that the contract with the second husband is of the permanent kind and if he enters a concubinage with her for a month or a year, for example, and then separates from her the first husband can not contract her. Second, that the second husband has intercourse with her and enters her. Third, that the second husband divorces her or dies. Fourth, that the waiting period of divorce, or that of the demise of the second husband, comes to an end.

THE DETHRONING DIVORCE #2528. Divorcing a woman who is not inclined towards her husband and who bestows upon him the dowry or some other property of hers in return for a divorce is called the divorce of dethronement (khol'). #2529. If the husband wants to read the formula for the dethronement divorce, when for example the woman's name is Fatemeh, he says "I dethroned my wife Fatemeh in return for what was bestowed to me and she is free" (meaning that I divorced my wife, Fatemeh, in a dethroning fashion and she is free). #2530. When a woman deputizes someone to bestow her dowry to her husband and the husband deputizes the same person to divorce that woman the deputy will read the divorce formula as follows, in case the husband's name is Mohammed and the wife's name is Fatemeh: "from my principal Fatemeh, she bestowed her dowry to my principal Mohammed in lieu of her dethronement". Then he immediately says, "in lieu of what she bestowed my principal's wife is dethroned, she is released". And if a woman deputizes a person to bestow something, other than dowry, to her husband in order that he divorces her, the deputy must mention that thing instead of the word "her dowry". For example, if she gave 100 tomans he must say "bestowed 100 tomans".

THE DIVORCE OF DETESTATION #2531. A detestation divorce occurs when the wife and husband do not want each other and the wife gives the husband property in order that he may divorce her. #2532. If the husband wants to read the detestation formula and the

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woman's name is, for example, Fatemeh, he must say: "I detest-divorced my wife, Fatemeh, in return for her dowry, thus she is released", meaning that I detest-divorced my wife, Fatemeh, in return for her dowry and she is free. And if he deputizes another person the deputy must say: "I detest-divorced the wife of my principal, Fatemeh, in return for her dowry, thus she is released" and in both situations there is no concern if he uses the words "for her dowry" instead of "in return for her dowry".

#2S33. The formula for the dethronement and detestation divorces

must be read in corrrect Arabic but there is no concern if the woman, in order to bestow her property to her husband, says, for example, in Persion: 'I give you such and such of my assets for the purpose of divorce'.

#2S34. If while observing the waiting period for a dethronement or detestation divorce the woman reneges her bestowal the husband can return, and place her again as his wife without a contract. #2S3S. In a detestation divorce, the property that the husband gets should not be more than the dowry but in a dethronement divorce there is no concern if it exceeds the dowry. MISCELLANEOUS PRECEPTS OF DIVORCE

#2S36. If he has intercourse with a woman on the suspicion that she is his wife the woman must keep the waiting period whether she knows that he is not her husband or suspects that he is her husband. #2S37. If he fornicates with a woman whom he knows not to be his wife the woman must, as an obligatory caution, observe the waiting period in case she does not know that the man is not her husband. #2S38. If a man dupes a woman into divorcing her husband and becoming his wife the divorce and the contract are correct, but they both will have committed a great sin.

#2S39. When a woman stipulates in a contract that if the husband goes on a trip or if, for example, he does not provide her with sustenance for a six month period she can opt for a divorce that conditon is void but in case she stipulates that if the man goes on a trip or, for example, does not give her sustenance for six months she has the power of divorcing herself on behalf of her husband, if she divorces herself in case the man goes travelling or fails to support her for six months, it is correct. #2S40. When a woman whose husband is lost wants to take a husband she must go to a just Expert (mujtahed) and act according to his instructions. -335-

#2541. The father and the paternal grandfather of an insane can, if it is appropriate, divorce his wife. #2542. When a father or a paternal grandfather brings a woman into concubinage with his child he can, if it is in the child's interest, bestow the term to the woman even if a part of the term of the concubinage comes to pass after the child has reached puberty (such as when he brings a woman into a two year concubinage with his child who is 14 years of age). However, he cannot divorce his permanent wife. #2543. If a man finds two individuals to be just, according to the signs given in the religion, and divorces his wife before them, a person who does not recognize the latter two as just must not contract that woman for himself or for others, as an obligatory caution. #2544. When a person who has divorced his wife without her knowledge, and has provided her with expenses in a way similar to when she was his wife says, for example after a year, that 'I divorced you a year ago' and he proves that religiously, he can take back from her the things that he has provided her in that period which are not yet consumed but he cannot c!emand from her those things that she has consumed. PRECEPTS OF EXTORTION Extortion is that one dominates another persons' property or right by cruelty and that is one of the great sins which if committed one becomes involved in severe retribution on the day of reckoning. It is narrated from His Holiness, the Prophet, salutations of God to Him and to His relatives, that he who usurps a span of land from someone else will have, on the day of judgement, that land hung on his neck like a yoke from its seven[th] storey. #2545. If one does not allow people to use a mosque and a school and a bridge, and other places made for the public, he has usurped their right as has the person who will not let another to use the place which he had acquired for himself in a mosque. #2546. A thing pledged near a creditor must remain with him such that if what is owed him is not returned he gets what is due him from it. Therefore, if he gets that thing from him before payment of his debt he has usurped his right. #2547. If a third person usurps property which was held in pledge the owner and the creditor can ask him for the thing he has usurped. And if they get that thing from him it still remains in pledge, and if the thing is -336-

lost and a recompense is made the latter will remain in pledge as was the thing itself. #2548. If one usurps something he must return it to its owner and if that thing is perished completely, he must compensate for it. #2549. If a profit is obtained from a usurped thing, for example, if a lamb is born from an extortive sheep, it belongs to the owner. Similarly, a person who has usurped a house must pay its rent even if he did not reside in it. #2550. If one extorts something from a child or an insane he must return it to his guardian and if it is lost he must compensate for it. #2551. If two people together usurp something each is responsible for half of it even though each could have usurped it alone. #2552. If he mixes what he has usurped with something else, such as if he mixed usurped wheat with barley he must, if possible, separate it and return it to the owner even if separating it involves hardship. #2553. If he usurps containers made of gold and silver or anything else which is acceptable to keep and ruins it he must give it back to the owner together with the cost of its repair. And in case the repair cost is less than the difference between the finished and the unfinished [work] he must also pay the price difference. And if in order to avoid the labor cost he states that 'I will make it like what it was at the start' the owner is not obligated to accept the offer nor can the owner force him into making it like what it was in the beginning. #2554. If he changes what he has usurped such that it is better than what it was in the beginning, such as if he makes earrings out of usurped gold, he must give it back to the owner in that form if the latter so demands and he cannot ask for his wages. Further, he does not have the right to turn it into its original form without the permission of its owner and if he did he must also give its owner the cost of making it and in case the cost of making it is less than the difference between the finished and unfinished [article] he must also pay the price difference. #2555. If he changes what he has usurped such that it becomes better than what it was before and the owner of the property says 'you must change it back to its original state' it is obligatory that he does so and if as a result of that its prices diminishes he must pay the difference to the owner. Thus, if he makes earrings from a piece of gold which he has usurped and its owner says 'you must return it to its original state' he must pay the owner the difference if after melting it its price is less that what it was before he made the earrings. -337-

#2556. If he farms the land which he usurped or plants trees on it the

crop and the trees and their fruits are his and in case the landowner does not acquiesce to the staying of the crop and trees on the land the usurper must immediately uproot his crop and trees even if it results in a loss and must also pay the owner rent for the length of time he had the crop and trees in there and must repair the damages done to the land; for example, filling in the hole where the tree was planted. He must also pay the difference if the land's price has diminished because of damages and he cannot force the owner into selling or renting the land to himself nor can the landowner force him into selling him the trees or the crop. #2557. If the landowner consents to the staying of the crop and trees it is not necessary for the usurper to uproot the trees and the crop but he must pay the owner rental from the time he usurped the land until the time of the owner's consent.

#2558. If the usurped thing is wasted he must, when it is like cows and sheep in which the price of one part is different from that of the other (e.g. its meat has one price and its skin has another), pay its price and, if the market price has changed he must pay the price of the day on which the waste occurred. #2559. If the usurped thing which is wasted is like wheat and barley whose parts do not differ in price he must give the like of what he has usurped but what he gives must have the same characteristics as that which was usurped and wasted. #2560. If he extorts something like a sheep whose parts differ in their price and it gets wasted he must, in case the market price has not changed but the sheep had become fatter while it was with him, pay the price of a fat one which was wasted. #2561. If what he has usurped is extorted from him by someone else and it perishes the owner of the property can ask for a recompense from either extortionists and in case he gets it from the first usurper the latter can demand from the second extortionist and if the second person had returned it to the first extortionist and it had perished while it was with him he cannot demand it from him. #2562. If the thing which is sold does not possess one of the conditions of dealing, for example, when what must be sold by weight is sold without weighing it, the deal is void and in the case in which the buyer and seller, irrespective of a deal, acquiesce in taking charge of each other's property there is no concern; else, what they received from one

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another is the same as usurped property and must be returned to the other party. And if the property of each side is wasted in the hand of the other he must recompense, whether or not he knew that the deal was void. #2563. If he gets merchandise from the seller in order to look at it or to keep it for sometime and buy it in case he is satisfied with it he must compensate the owner in case the property goes to waste. PRECEPTS OF A PROPERTY FOUND BY SOMEONE #2564. When one finds property that does not carry a sign indicating its owner one must, as an obligatory caution, give it to the poor on behalf of its owner. #2565. If one finds property which carries a sign and its price is less than 12.6 peas of silver coin, if the owner is known and one does not know whether or not he is satisfied, one cannot keep it [for himself] without his permission. And if the owner is not known he can take it with the intention of keeping it for himself and in this case he must not pay a recompense if it is wasted. Further, no recompense is obligatory if he did not intend to posses it and it is wasted without his fault. #2566. When he finds something which carries a sign by which its owner can be found, even though he knows the owner to be a sunni or an infidel that is protected by Moslems, in case the price of that thing reaches 12.6 peas of coined silver, he must make an announcement and it is enough if he makes an announcement in a public gathering place every day for one week and then every week for one year. #2567. If one himself does not want to announce he can tell a confidant to make the announcement on his behalf. #2568. If he announces for one year and the property owner is not found he can keep it for himself with the intention that whenever the owner is found he will compensate for it or that he keeps it for him and will give it back to him when he appears, but it is a recommended caution that he gives it as charity on behalf of its owner. #2569. If after a year of announcing the owner is not found and he keeps the property for the latter and it perishes he is not responsible if he was not negligent in keeping it nor did he commit a transgression, meaning committing an excess. But if he had given [it as] charity on behalf of its owner or has kept it for himself he is responsible in any case. #2570. When a person who has found property purposely does not act -339-

according to the directions which were given, not only has he committed a sin, he is also obligated to make announcement. #2571. If a minor child finds something his guardian must make the announcement. #2572. If one becomes disappointed of finding the owner of the property during the year in which he makes the announcement he must, as an obligatory caution, give it as charity. #2573. If the property perishes in the year in which he makes the announcements he must give a recompense to its owner if he was negligent in keeping it or had committed a transgression, meaning committing an excess, and if he had not been negligent nor had committed an excess he is obligated for nothing. #2574. If he finds property which carries a sign, and its price reaches that of 12.6 peas of silver coin in a place where it is obvious that its owner will not be found by announcing he can, on behalf of its owner, give it as charity on the first day and in case the owner is found and did not consent to giving charity he must pay him a compensation and the reward of the charity he gave will be his. #2575. If he finds something and keeps it on the imagination that it was his own from the start, only to learn later that it was not, he must make an announcement for one year. #2576. In announcing it is not necessry that he states the nature of what he has found; thus, to say 'I have found something' is enough. #2577. If one finds something and another person says that it is mine he must give it to him in case that the latter states its signs but it is not necessary that he state those signs that an owner himself is often unaware of. #2578. If the price of the thing he has found reaches that of 12.6 peas of silver coin and he does not announce it and leaves it in a mosque or a place in which the public gathers and the thing perishes, or someone else picks it up, the person who has found it is responsible. #2579. When he finds something which if it stays it perishes he must keep it as long as possible, then price it and keep it for himself or sell it and keep the money and if the owner is not found give it, on his behalf, as charity and it is an obligatory caution to obtain the permission of the religious ruler for giving [it] as charity. #2580. There is no concern if the thing he found is with him while practicing ablution or laying a prayer provided that it is his intention to find its owner.

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#2581. When his shoes are taken away and another pair is left in its place he can take it in lieu of this own shoes if he knows that the pair of shoes that was left belong to the same person who took away his shoes, in case he despairs of finding the owner or it involves a hardship for him. But if its price is more than that of his own shoes he must give the owner the (price) excess whenever he finds him. And if he becomes disappointed of finding him he must, with the permission of the religious ruler, give the excess price as charity on behalf of its owner. And if he finds it likely that the remaining pair of shoes does not belong to the person who took his pair of shoes he can keep it for himself in case its price is less than that of 12.6 peas of silver coin and if it is more than that he must announce it for one year and then give [it as] charity on behalf of its owner, caution-wise. #2582. If he finds property worth less than 12.6 peas of silver coin and abnegates it and puts it in a mosque or some place else it is lawful to anyone who finds it. PRECEPTS OF BEHEADING AND HUNTING ANIMALS #2583. If a meat-lawful animal is beheaded according to the directions to be given later its meat is lawful and its body is clean after they are dead whether it is a wild or a domestic animal. However, the meat of a beast with which a person has had coitus and intercourse and that of an animal who has become an unclean eater, and has not been drained according to rules specified in the religion, are not lawful after beheading. #2584. When meat-lawful wild animals like deer and partridge and mountain goat and those meat-lawful domestic animals which later have become wild, like cows and camels, are hunted according to the directions given later they are clean and lawful, but a meat-lawful domestic animal such as sheep and hen and a meat-lawful wild animal which was domesticated by training does not become clean and lawful by hunting. #2585. A meat-lawful wild animal becomes clean and lawful by hunting if it can escape or fly away. Therefore a deer baby which cannot escape and a partridge baby which cannot fly does not become clean and lawful by hunting and if one hunts a deer with its baby by one bullet the deer is lawful and its baby is unlawful. #2586. A meat-lawful animal such as fish which does not have spurting blood is clean if it dies spontaneously, but its meat is not to be eaten. lf2581. A meat-unlawful animal which does not possess spurting blood, like a snake, does not become lawful by beheading but its dead [body] is clean. -341-

#2588. Dogs and pigs do not become clean by beheading and hunting them and eating their meat is unlawful too, and rapacious carnivores such as wolves and panthers, if beheaded according to instructions to be given later or if hunted by bullet and the like, are clean but its meat does not become lawful. And if hunted by a hunting dog the cleanliness of its body is also a matter of concern. #2589. Elephants and bears and monkeys and mice and those animals like snakes and alligators who live underground are unclean if they possess spurting blood and they die spontaneously. Further, there is concern regarding the cleanliness of their bodies if they are beheaded or hunted. #2590. Eating the meat of a dead baby which comes out of the belly of a live animal, or is extracted from it, is unlawful. INSTRUCTIONS FOR BEHEADING ANIMALS #2591 The instruction for beheading an animal is to cut the four big vessels of its neck below the prominence of the throat completely, and it is not enough just to rip them apart. #2592. There is no use in cutting some of the four vessels and waiting until the animal dies and then cut the rest of them. Further, even if they do not wait that amount but do not cut the four vessels one after another as usual there is a concern even though the rest of the vessels are cut before the animal dies. #2593. If a wolf rips the throat of a sheep such that nothing remains of the four vessels of the .neck which must be cut that animal becomes unlawful. But if it rips part of the neck but the four vessels remain, or if it rips some other place of the body, the sheep is lawful and clean in case it is alive and is beheaded according to the instructions given later on. CONDmONS FOR BEHEADING AN ANIMAL #2594. There are five conditions for beheading an animal. First, that the person who beheads the animal, whether a man or a woman, be a Moslem and does not have enmity with members of the House of the Prophet, salutations of God be to Him and to His relatives. Also, a Moslem child who is discerning, that is one who knows good from bad, · can behead an animal. Second, that the beheading be done with something made from iron. However, when there is no iron around and the animal dies if it is not beheaded it can be beheaded with a sharp thing which can separate its four vessels such as glass and a sharp stone. Third, -342-

that the front of the animal faces the kiblah at the time of beheading and when a person who knows that he must behead while facing the kiblah purposefully does not face the animal towards the kiblah the animal becomes unlawful, and if he forgets or is not aware of the problem or makes a mistake in the kiblah or does not know where the kiblah is located or cannot tum the animal towards the kiblah, there is no concern. Fourth, that when he wants to behead the animal or put the knife on its throat with the solemn intention of beheading it he mentions the name of God and it is enough to say "with God's name". And if he mentions God's name, without the intention of beheading, the animal will not become clean and its meat is unlawful as well, but there is no concern if he omits the mention of God due to forgetfulness. Fifth, that the animal makes a move after beheading even if it moves the eyes or the tail or taps the earth with its feet such that it becomes evident that it was alive. INSTRUCI10NS FOR KILLING A CAMEL

#2595. If they want to kill a camel in a way. that it is clean and lawful

after the killing they must pierce a knife, or something else which is made of iron and is sharp, into the depression between its neck and chest, observing the five conditions stated for beheading animals. #2596. It is better that the camel be standing up when they want to pierce the knife into its neck but there is no concern driving a knife into the depression of its neck when it is kneeling or lying on its side with the front facing the kiblah. #2597. If they behead a camel instead of piercing a knife into the depression of its neck, or if instead of beheading sheep and cows or the like they pierce a knife into the depression of their neck as it is done with camels, their meat is unlawful and their bodies are unclean. However, if they cut the four vessels of the camel and, while it is still alive and according to the previous instructions, pierce a knife into the depression of its neck its meat is lawful and its body is clean. Similarly, if they pierce a knife into the depression of the neck of a cow or sheep and cut off its head while still alive it is lawful and clean. #2598. If an animal become rapacious and they cannot kill it according to the directions given in the religion or when, for example, it falls into a well and it is likely that it dies there and it is not possible to kill it according to religious instructions it becomes clean in case they inflict the body of the animal with something like a sword which can cut the body

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because of its sharpness and causes it to die; and facing the kiblah is not necessary but it must have the other conditions given for beheading animals. THINGS THAT ARE RECOMMENDED WHEN BEHEADING ANIMALS #2599. Several things are recommended when beheading animals. First: when beheading sheep, fastening its two hands and one of its feet and leaving the other foot open; when beheading cows, fastening all four hands and feet and leaving its tail open; when beheading a camel, fastening together its hands from below to the knees or up to its armpits and leaving its feet open. And it is recommended to set free the hen after it is beheaded such that it moves its wings. Second, that the person who does the beheading faces the kiblah. Third, putting water in front of the animal before it is killed. Fourth, acting in a manner that the animal is hurt less, for example, by sharpening the knife and by beheading it in a hurry. THINGS THAT ARE ABOMINABLE WHEN KILLING AN ANIMAL #2600. Several things are abominable when killing an animal. First, piercing the knife into the throat from the back to the front such to be cut in that direction. Second, killing the animal in a place where another animal can see it. Third, beheading an animal Thursday night or before noon on a Friday, but there is no concern in case of need. Fourth, killing of a beast by the person who has nurtured it. And it is cautionary not to skin the animal before the exit of its soul and not to sever the spinal cord located in the vertebral column and it is unlawful to cut the head off before its soul has exited but doing so does not result in the animal's becoming unlawful. PRECEPTS OF HUNTING WITH WEAPONS #2601. Under five conditions a meat-lawful wild animal hunted with a weapon is lawful and its body is clean. First, that the hunting weapon, like knives and swords, are sharp or pointed, like spears and darts, such that as a result of sharpness they tear the animal's body. And if they hunt an animal with a trap or with stick and stone or the like it does not become clean and eating it is also unlawful. And if an animal is hunted by a rifle with the use of a sharp bullet to pierce the animal's body and

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tear it, it is clean and lawful, and if the bullet is not sharp but enters the body of the animal with pressure and kills it, or if it burns the animal with its heat and the animal dies as a result of a burn, its cleanliness and lawfulness are matters of concern. Second, the person who hunts must be a Moslem, or a Moslem child who discerns good from bad. And if an infidel or one who declares enmity with the household of the Prophet, salutations of God be to Him and to His relatives, hunts an animal that hunt is not lawful. Third, that he uses the weapon for hunting the animal and if he targets a place and accidentally kills an animal the latter does not become clean and eating it is unlawful as well. Fourth, that he mentions the name of God when using the weapon and if he does not mention God's name on purpose the hunt does not become lawful, but if he forgets there is no concern. Fifth, that he gets to the animal when it has died or, in case that it is still alive there would not be enough time to behead it before it dies and if there is enough time for beheading it and he does not do it until it dies, it is unlawful. #2602. When two people hunt an animal, one of them a Moslem and the other an infidel; or when one of them mentions the name of God and the other does not on purpose, that animal is not lawful. #2603. If after an animal is hit by a bullet it falls, for example, in water and one knows that the animal died as a result of the bullet and the fall into the water, it is not lawful. Further, it is not lawful if one doubts whether or not it was the result of the bullet alone. #2604. If he hunts with a usurped dog or usurped weapon the hunt is lawful and it belongs to him. However, beyond having committed a sin he must remunerate the owner for the weapon or the dog. #2605. When by using a sword, or something else with which hunting is correct and with the conditions given on the previous page, an animal is cut in two segments with its head and neck connected to one part, and one gets to the animal after it has died, both segments are lawful if the death was the result of the severance. And if the animal is alive and the time is short for a religious beheading then the part which does not have the head and neck is unlawful and that which has the head and neck is lawful. And if there is enought time for beheading the part which has no head is unlawful and that with a head is lawful, if the beheading is carried out according to the manner specified in the religion. However, if it is not possible for it to remain alive for a time, and it is moribund, one must avoid it, as an obligatory caution, even after beheading the animal. #2606. If an animal is cut in two by a stick or a stone or something -345-

else with which hunting is not correct the part which does not have the head and neck is unlawful and that which has the head and neck, if alive and beheaded according to religious instructions, is lawful. And if it is not possible for it to remain alive for a time and is moribund it must be avoided, as a obligatory caution, even after beheading the animal. #2607. If they hunt an animal, or behead it, and a live baby emerges from it the latter is lawful if beheaded according to instructions specified in the religion, else it is unlawful. #2608. If an animal is hunted or beheaded and a dead baby is taken out of its belly the latter is clean and lawful if its creation is complete and hair or wool has grown on its body. HUNTING WITH A HUNTING DOG #2609. If a hunting dog hunts a wild meat-lawful animal the cleanliness and lawfulness of that animal has six conditions. First, that the dog was trained such that it goes after a hunt when he is sent for that purpose and it stops whenever it is told. But there is no concern if he does not stop, despite opposition, while getting close to the hunt. And, as an obligatory caution, the use of it for hunting should be avoided if it has the habit of eating the hunt before its owner has gotten there. However, there is no concern if it accidentally eats the hunt. Second, that its owner sends him after the hunt and if he goes after a hunt on its own and hunts an animal it is unlawful to eat it. Further, if it goes after a hunt on its own and then its owner yells in order to hurry it to get to the hunt he must avoid eating the hurit, as an obligatory caution, even though it had speeded up as a result of the voice of its owner. Third, the person who sends away the dog must be a Moslem or a Moslem child who knows good from bad and if an infidel or one who displays enmity with the household of the Prophet (salutations of God be to Him and to His relatives) sends out the dog the hunt of that dog is unlawful. Fourth, that he mentions God's name when he sends the dog away and if he does not do so on purpose that hunt is unlawful but there is no concern if it happens because of forgetfulness. And if he purposefully does not mention the name of God when he sends away the dog but mentions God's name before the dog reaches the hunt he must, as an obligatory caution, avoid that hunt. Fifth, that the hunt dies as a result of the wound from the dog's teeth. Thus, if the dog suffocates the hunt or if it dies because of running, or of fear it is not lawful. Sixth, that the person who sent the dog away gets to the animal when it has died or, if it is alive, there is not

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enough time to behead it. And in case he gets there and there is time for beheading the animal, for example, when the animal moves its eyes or tail or hits its feet on the ground, the latter is unlawful in case he does not behead the animal before it dies. #2610. If the person who sent the dog away gets there at a time that he can behead the animal, and he, in a usual manner and hurriedly, pulls the knife, for example, and the time for beheading passes and the animal dies, it is lawful. But if it took too long to pull out the knife, for example as a result of the tightness of its sheath, or because of its stickiness, and time passes it does not become lawful, as an obligatory caution. Similarly, when he has nothing with himself with which to behead the animal and it dies they must, as an obligatory caution, refrain from eating it. #2611. If he sends away several dogs together to hunt an animal the hunt is lawful in case they all have the conditions mentioned in the previous page and it is unlawful if one of them did not possess those conditions. #2612. If he sends the dog for hunting a certain animal and the dog hunts a different one the latter is lawful and clean. Similarly, if he hunts that animal [together] with a different animal they both are lawful and clean. #2613. When several people together send out the dog and one of them is an infidel or purposefully does not mention God's name that hunt is unlawful. Similarly, if one of those dogs which was sent was not trained according to what was stated in a previous page that hunt is unlawful. #2614. If he hunts an animal with a vulture or an animal other than a hunting dog the hunt is unlawful. However, if they get to it while still alive and behead it according to directions specified in the religion it is lawful. FISHING #2615. When a scaled fish is caught alive from water and dies out of water it is clean and eating it is lawful. And in case it dies in the water it is clean but eating it is unlawful. A scaleless fish is unlawful even if it was caught alive in the water and died thereafter. #2616. If a fish throws itself out of water or a wave throws it out or if it remains on dry land because of receding water it is lawful after its death, in case one fishes it with hand, or with some other means, before it dies. #2617. It is not necessary that the fisher be a Moslem and mention the -347-

name of God when fishing but a Moslem must know that it was caught alive and it died while out of water. #2618. A dead fish which is not known to have been taken from water alive or dead is lawful when it is in the hand of a Moslem and is unlawful when in the hand of an infidel even though he states that 'I caught it alive'. #2619. There is no concern in eating a living fish. #2620. There is no concern in eating a fish which was fried alive or was killed out of water before it died. #2621. When a fish is cut in two pieces out of water and one of the pieces falls into the water still alive there is no concern in eating the piece which remains out of the water.

LOCUST HUNTING #2622. Eating locusts, caught with the hand or by some other means, is lawful after they are dead and it is not necessary that the person who caught them be a Moslem or mentions the name of God when he catches them. But if a dead locust is held by an infidel and it is not known whether or not it was caught alive it is not lawful even if he says that 'I caught it alive'. #2623. Eating a locust who has not yet grown wings and cannot fly is unlawful.

PRECEPTS OF EDffiLES AND BEVERAGES #2624. Eating the meat of a bird which possesses claws, such as that of an eagle, is unlawful and swallows are lawful and it is loathesome to eat the meat of a hoopoe. #2625. Something which possesses a soul, if separated from a living animal, for example the fat or a chunk of meat cut off from a living sheep, is unclean and unlawful. #2626. Fifteen things from meat-lawful animals are unlawful: 1. blood, 2. residues [stool], 3. maleness, 4. vulva, 5. womb, 6. those glands which are called doshval [lymph nodes], 7. the eggs which are called testicles, 8. the thing which is in the brain and looks like a pea, 9. the spinal cord within the spinal column, 10. the tendon located on either side of the spine, 11. the gallbladder, 12. the spleen, 13. urinary bladder, 14. the pupils ofthe eyes, 15. the thing which lies in the hoof and is called zat al-shaja'. -348-

#2627. Dung and spinal fluid are unlawful to eat and, as an obligatory caution, one must eschew from eating those abominable things for which a natural aversion exists in man. However, when it is clean and an amount of it is so mixed with a lawful thing that it is considered as nonexistant by people, there is no concern in eating it. #2628. There is no concern in eating a little earth [from the grave of] His Holiness, Master of Martyrs (salutations to Him), for the purpose of curing an illness, and in eating Daghestan flower and Armani [Armenian] flower for the treatment of a disease, if treatment is only achievable by taking those. #2629. It is not unlawful to swallow nosewater and chest phlegms which has come into the mouth nor is there concern in swallowing the food which exits from between the teeth as a result of flossing if one's nature has no aversion to it. #2630. The eating of anything that is harmful to a person is unlawful. #2631. It is loathesome to eat the meat of horse and mule and donkey and if somebody makes coitus with them, that is an intercourse, they become unlawful and they must be taken out of the city and sold elsewhere. #2632. If they have intercourse with a cow and sheep and camel their urine and dung becomes unclean and drinking their milk will also be unlawful and they must be killed and burned without delay, and the person who had intercourse with them must pay money to the owner. Further, if he had intercourse with any beast its milk becomes unlawful. #2633. Drinking wine is unlawful and is considered the biggest sin in some narratives (traditions) and anyone who considers it lawful is an infidel in case that he recognizes that to consider it lawful implies the denial of God and the Prophet. It is narrated of His Holiness, Imam Ja'far, Sadegh, salutations to Him, to have bidden: Wine is the root of evils and the source of sins and whoever drinks wine loses his sanity and does not recognize God at that time and has no fear of committing any sin and has no respect for anyone and does not respect the rights of his close relatives and does not turn away from flagrant indecencies and the spirit of faith and piety exits from his body and a defective spirit of devilishness, which is distant from God's mercy, will remain in him and God and the angels and the prophets and the faithful will curse him and his prayer will not be accepted for 40 days and on the judgement day his face is black and his tongue is lolling out and his saliva is running over his chest, loudly crying of thirst. -349-

#2634. As an obligatory caution, one must not sit at a tablecloth on which wine is served if one is counted among those who drink wine and he must also avoid eating from that table. #2635. It is obligatory for a Moslem to rescue from dying another Moslem who is close to death from hunger or thirst by giving him bread and water. THINGS THAT ARE RECOMMENDED WHEN EATING FOOD #2636. Several things are recommended when eating food. First, that he washes both hands before eating. Second, that he washes his hands after the food and drys them with a handkerchief. Third, that the host begins eating before everyone else and finishes eating after everyone else and, before eating, first the host washes his hands then the one who sits on his right and so on until the one who sits on his left. Fourth, that he says "in God's name" at the beginning of eating but when there are several kinds of food on a tablecloth it is recommended that he says "in God's name" when eating from each of those. Fifth, that he eats with his right hand. Sixth, that he eats with three or more fingers and does not eat with two fingers. Seventh, when there are several people on the tablecloth, each eats from the food which is in front of him. Eighth, that he takes small morsels. Ninth, that he sits on the tablecloth a long time and lengthens the time of eating. Tenth, that he chews the food well. Eleventh, that he praises the God of the World after eating. Twelfth, that he licks his fingers. Thirteenth, that he flosses his teeth after eating but not with the wood of pomegranate and the wood of basil and reed and the leaves of the date palm. Fourteenth, that he collects what falls off the tablecloth and eats it, but if he eats in a desert it is recommended to leave whatever has fallen away for birds and animals. Fifteenth, that he eats at the beginning of the day and at the beginning of the night and he does not eat between (during) the day and between the night. Sixteenth, that he lays on his back after eating, putting his right leg over the left. Seventeenth, that he eats salt in the beginning of food [eating] and in the end of food. Eighteenth, that he washes fruit with water before eating it. THINGS THAT ARE LOATHESOME IN EATING FOOD #2637. Several things are loathesome (abominable) when eating food. First, eating while satiated. Second, excessive eating and it has been narrated that the God of the World dislikes a full stomach more than anything else. Third, looking at other people's faces while they eat. -350-

Fourth, eating hot food. Fifth, blowing at what he is eating or drinking. Sixth, waiting for something else after the bread is laid on the tablecloth. Seventh, cutting bread with a knife. Eighth, putting bread under a container of food. Ninth, cleaning the meat stuck to a bone such that nothing remains on it. Tenth, peeling fruit. Eleventh, throwing away fruit before he eats it completely THE DESIRABLE WHEN DRINKING WATER #2638. Several things are recommended when drinking water. First, to drink water by way of sucking. Second, to drink water standing during the daytime. Third, to say "in God's name" before drinking water and "thanks to God" after it. Fourth, to drink water in three breaths. Fifth, to drink water when it is desired. Sixth, to remember His Holiness, Grandson of Abdullah, salutations to Him, and his household and to curse the killers of His Holiness. ABOMINATIONS IN DRINKING WATER #2639. Drinking too much water and drinking it after greasy food are abominations as is drinking water standing, at nighttime. Similarly, it is loathesome to drink water with the left hand and from the broken part of a clay pitcher and from where its handle rests. PRECEPTS OF VOWING AND PROMISE #2640. A vow is that [in which] one makes it obligatory upon himself to do a good deed for God or to abandon an act which is better eschewed, for the sake of God. #2641. A formula must be read in a vow and it is not necessary that it be read in Arabic. Thus, if he says that in case my sick gets well it shall be upon me to give ten tomans to an indigent, for the sake of God, his vow is correct. #2642. The vower must be religiously accountable and vow on his own volition and determination. Therefore, the vowing of someone who was compelled [into it] or that of a person who vowed as a result of loss of control due to anger are not correct. #2643. In the case of an idiot who spends his assets in useless activities, whether he attained puberty as an idiot or he was denied access to his assets by the religious ruler, his property related vows are not correct. #2644. The vows of a wife, without the permission of her husband, are void.

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#2645. If a wife vows with the permission of her husband the latter cannot cancel her vow or prevent her from acting according to the vow. #2646. When a child vows, even though without the permission of his father, he must act according to that vow. #2647. One can vow for an act that is possible for him to accomplish. Therefore, if a person who cannot walk to Karbala vows that he shall go there on foot his vow is not correct. #2648. If he vows to do an unlawful or abominable act, or to abandon an obligatory or recommended act, his vow is not correct. #2649. If he vows to do or to abandon a lawful (mobah) act his vow is not correct if the merits of doing or abandoning the act are equal in every way. If in some ways doing the act is better and he vows for that very reason, such as when he vows to eat a certain food in order to become strong for worship[ing], his vow is correct. Similarly, if abandoning it is better in someways and he vows to abandon that act for that very reason his vow is correct, for example when he vows to stop smoking because smoke is harmful. #2650. If he vows to lay his obligatory prayer in a place where there is not a lot of reward for the prayers laid there in particular, such as when he vows to lay his prayer in a room, his vow is correct in case laying the prayer there is better in someways, such as the presence of heart as a result of its quietness. #2651. If he vows to do an act he must do it as vowed. Thus, if he vows to give charity on the firs.t day of the month or to fast or to lay the prayer on the first of the month it is insufficient to practice it before or after that day. Similarly, if he vows to give charity when his sick recovers and gives it before his recovery, it is not sufficient. #2652. When he vows to fast without specifying the time and the amount, fasting for one day is enough. And if he vows to lay prayer and does not specify its amount and particulars it is enough if he lays a twounit prayer. If he vows to give charity and does not specify the article and the amount and gives something so that it is said of him 'he gave charity', he has acted upon his vows. And if he vows to do an act for God he has acted accordingly if he lays one prayer or fasts one day or gives something for charity. #2653. If he vows to fast on a certain day he must practice the fast on that day and in case he travels on that day he is obligated to make up for that day. -352-

#2654. If one, voluntarily, does not act upon his vows he must pay expiation, that is he must free one slave or give food to 60 indigents or fast consecutively for two months. #2655. If he vows to abandon an act until a certain time he can do the act after that time has come to pass and if as a result of forgetfulness or helplessness be does it before the time has arrived he is not obligated for anything, but it is still necessary that he abandons that act until that time. And in case be again practices it without an excuse he must pay expiation to an amount given in the previous problem. #2656. No expiation is obligatory for a person who vows to abandon an act without specifying a time and practices that act as a result of forgetfulness or helplessness or ignorance. However, if he practices it voluntarily he must pay expiation for the first occurrence. #2657.. When a person vows to fast each week on a certain day such as on Fridays and one of these Fridays correspond to the festivities of Fitr or Sacrifice, or if another excuse occurs on a Friday such as the occurrence of menses, the person must not practice fasting on that day, and [must] make up for it later. #2658. If he vows to give charity of a certain amount and dies before giving the charity, they must give that amount to charity from his assets. #2659. If he vows to give charity to a certain poor he cannot give it to another and if that poor dies he must, caution-wise, give it to his heirs. #26(/J. If he vows pilgrimage to one of the Imams such as pilgrimage to His Holiness, Grandson of Abdullah, salutations to Him, it is not enough to pilgrimage to another Imam and if due to an excuse he cannot pilgrimage to that Imam nothing is obligatory to him. #2661. For one who vowed to go on a pilgrimage, and has not vowed to practice its bath and its prayer~ it is not necessary to practice those. #2662. If he vows something for the court (sanctuary) of one of the Imams or their descendents he must put it in use for the court, such as in carpets and curtains and lighting. And if vows for the Imam, salutations to Him, or for the Imam's descendents, he can give it to the servants engaged in [his] service and put it into use for the court, if he can [sic]. #2663, If he vows something for the Imam himself, salutations to Him, and intended for a specific use, he must put it in that use and if he did not intend a specific use he must give it to the poor and pilgrims or build a mosque or the like and offer the reward to the Imam. The same applies if he vows something for a descendent of an Imam. -353-

#2664. When a sheep is vowed for charity, or for one of the Imams, its wool and the amount that it fattens are included in the vow and if it gives milk before its use for the vow, or brings a baby, they must, as an obligatory caution, be used for the vow. #2665. When he vows to do an act if his sick recovers or his traveller comes home acting according to the vow is not necessary if it becomes evident that the sick was cured or the traveller arrived prior to the avowal. #2666. If a father or a mother vows to give their daughter to a Master (Mohammed's descendent) for a wife after she became accountable it is cautionary that they seek her consent to take a Master as a husband, if they can. #2667. When he promises God to do a good act if he reaches his religious desire he must do that act after he attains what he desired. Similarly, if he promises to do a good without having a desire that act becomes obligatory for him. #2668. In a promise, like a vow, the formula must be read. Also, what he promises to do must not be that which is better abandoned than practiced. #2669. If he does not act upon his promise he must pay expiation meaning that he must feed 60 indigents or fast two months or free a slave.

PRECEPTS OF SWEARING #2670. If he swears to do an act or to abandon an act, for example if he swears to fast or to stop smoking, he must expiate in case he purposely opposes it, meaning that he must free a slave or satiate 10 indigents or clothe them, and if he cannot do these he must fast for three days. #2671. An oath has several conditions. First, the person who swore must have reached puberty and be sane and if he wants to swear in relation to this own assets he must not have been an idiot while reaching puberty and must not have been denied access to his wealth by the religious ruler and must swear on his own intention and volition. Therefore, the swearings of a child and an insane and a drunkard and one who has been forced are not correct. The same holds if he swore in anger, without intention. Second, the act which he swears to do must not be unlawful or loathesome and the act which he swears to abandon must not be obligatory or recommended. And if he swears to do a lawful (mobah)

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act its abandoning must not be preferred, in the public's view, to its execution. Third, that he swears one of the names of the World's God not used for anything but for His. Holy Essence, such as 'God' or 'Allah'. Similarly, it is corrrect if he swears a name used for other than God but also used so frequently to denote God such that, when used, it recalls the image of God's Holy Essence, like "The Creator" or "The Sustainer". Further, if he swears a word which does not imply God without a context but he intended it for God he must, caution-wise, act upon that oath. Fourth, that he brings the oath to his tongue and it is not correct if he writes it or intends it at heart, but if a dumb person swears by pointing it is correct. Fifth, that acting upon the oath be possible for him and if it was possible at the time of swearing but he becomes unable by the time he specifies for the oath, or if it entails a great difficulty, his swearing is annulled from the time he became disabled. #2672. If a father prevents a child from swearing, or a husband prevents his wife from swearing, their oaths are not correct. #2673. If a child swears without the permission of the father, or a wife swears without the permission of her husband, it is not unlikely for their oaths not to be correct. However, they must not abandon caution. #2674. If one does not act upon a swear because of forgetfulness or helplessness no expiation is obligatory for him and the same applies if he is forced into not complying with the oath. And the oath of a person who is obsessional has no expiation if his obsession involuntarily blocks him from executing his oath, such as when he says 'by God, now I shall engage in prayer' and does not do so because of an obsession. And if his obsession is such that he involuntarily does not act upon the oath, there is no expiation.

#261S. A person who swears, if his words are true his swearing is

loathesome and if [they are] lies it is unlawful and one of the greatest sins. But if he swears falsely in order to extricate himself, or another Moslem, from the evil of a tryant there is no concern, and at times becomes obligatory, and this kind of swearing is different from the kind mentioned in the previous problems. [For a perspective on "tyrant" see Problem #233S.]. PRECEPTS OF ENDOWING #2676. When a person endows something it is no longer in his possession and neither he nor others can bestow or sell it and no one inherits it but there is no concern in selling it in those situations mentioned in Problem #2094 and #209S.

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#2677. It is not necessary that the formula for endowing be read in Arabic. Thus, if he, for example, says 'I endowed my house' it is correct nor there is a need for acceptance, even in a private endowment. #2678. If he designates property for endowing and changes his mind, or dies, before the reading of the formula, the endowing is not correct. #2679. As an obligatory caution, a person who endows property must do that forever beginning from the time of reading the formula and if, he says, for example, 'let it be endowed after my death', there is concern since it had not been endowed from the reading of the formula until his death. Similarly, if he says 'let it be endowed for 10 years and then it ceases to be' or 'let it be endowed for 10 years and not thereafter' or 'let it be endowed for 10 years and thereafter not endowed for five years and then be endowed once more', there is concern in its endowment. #2680. Endowing is correct in case the person to which it was endowed, or his deputy or guardian, takes charge of what is endowed. However, if one endows something to his minor children and guards it, on their behalf, with the intention of its possession by them in the future, the endowing is correct. #2681. If they endow a mosque after the endower's permission for laying prayers in the mosque, with the intention of ceding it, the endowment is made [established] as soon as one person lays a prayer in that mosque. #2682. The endower must be religiously accountable and sane and possess intention and volition and religiously able to take charge of his property. Thus, if an idiot who was an idiot while reaching puberty or one who was denied to ta:ke charge of his property by the religious ruler, endows something it is not correct because he has no right to take charge of his property. #2683. If he endows property for those who are not yet born it is not correct but endowing for people some of whom are born is correct and those who are not yet born become partners with the others after they are born. #2684. If he endows something for himself, such as endowing a shop for the purpose of spending the income on his own tomb, it is not correct. However, if he, for example, endows property for the poor and becomes poor himself he can use the profits of the endowment. #2685. If he assigns a custodian for what he has endowed they must act according to his agreement and if he does not assign, if the beneficiaries were specific individuals (such as his children) and for those things -356-

related to the interest of the endowment thus involving the interest of future tiers [generations], the authority lies with the religious ruler. And regarding those things related to the interest of the existing tier the authority lies with those involved if they have reached puberty, and with their guardian if they have not reached puberty, and it is not necessary to obtain the permission of the religious ruler for the use of the endowment. #2686. When he endows property for, for example, the poor or the Masters [the descendents of Mohammed] or if the endowment calls for the charitable use of its profits the religious ruler has the option of assigning a custodian for the property in case he had not done so. #2687. When he endows property for specific individuals such as his own children in a manner that each coming tier uses it after the previous tier, if the custodian who rented the property dies the rental does not become void in case he had observed the interest of the endowment and that of the succeeding tier. But if there was no custodian and the tier for whom the property was endowed rents the property and they die during the rental period the rental becomes void if the succeeding tier does not permit. And in case the tenant has paid the rent for the entire period he will get back, from their property, the rent from the time of their death to the end of the rental period. #2688. If endowed property becomes ruined the endowment does not cease. #2689. When a portion of property is endowed and another portion of it is not, in case that it is not divided, the religious ruler or the custodian can separate the endowed segment, utilizing an expert's opinion. #2690. If the custodian commits treachery and uses its income for purposes which had not been specified the religious ruler must, if possible and in case that it is a public endowment, replace him with an honest custodian. #2691. A carpet which is endowed for a Houseinieh cannot be taken to a mosque for prayer, even though the mosque is close to the Houseinieh. lfl692. If property is endowed for the repair of a mosque they can use the income of that property for a mosque which is in need of repair if the original mosque is not in need of repair and it is not likely to be in need of repair for sometime and it has no needs other than repair, and its income is in danger of going to waste and holding to it is vile and useless. lfl693. If he endows a property such that its income be used for repairing a mosque and given to the public imam as well as the person who says

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azan in that mosque they must, in case it is known how much was assigned to each, spend it accordingly and if they are not certain they must first repair the mosque and divide whatever remains (if any) equally between the public imam and the person who says azan and it is better that the latter two compromise in dividing it. PRECF;PTS OF WILLS #2694. To will is to enjoin others to do something for a person after he dies or it is to state that after one's death something from his assets be given to another or to assign a guardian or supervisor for his children and for those whom he controls. And one who is commanded is called an executor. #2695. A person who wants to make a will can do so, even if he is not dumb, by the use of pointing such to indicate his intentions. #2696. If they see writing signed or sealed by the dead person they must act according to it in case it indicates his intentions and it is evidently written as a will. #2697. A person who wills must be sane and must have reached puberty but the will of a 10 year old child who discerns good from bad is correct if it relates to a good act such as building a mosque or water reservoir and bridge and if he wills on his own choice. Similarly, the person who makes a will must not be an idiot while reaching puberty and must not have been denied access to his property by the religious ruler. #2698. The will of a person who has purposely inflicted a wound to himself or has ingested poison as a result of which his death is certain or likely is not correct if it calls for spending a portion of his assets for some purpose.

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#2699. When one wills to give something to someone the latter becomes the owner of that thing if he accepts it even though it happens while the maker of the will is still alive. #2700. When one sees in himself the signs of death he must immediately return to people their trusts and must give to people what he owes them and its due date has arrived and if he cannot do so himself or if the due date has not yet come he must make a will and find a witness to his will. However, if his debts are known and he is confident that his heir will pay them making a will is not necessary. #2701. A person who sees the signs of death in himself must, in case he owes Fifth and alms and debts to unknown creditors, pay those -358-

immediately and if he cannot pay he must make a will in case he has assets of his own or he finds it likely that a person will pay them, and the same holds if a Haj is obligatory for him. #2702. A person who sees the signs of death in himself must, in case he owes compensatory prayers and fasts, hire a laborer from his assets for carrying them out. Further, if he does not have an asset but finds it likely that someone will do those without charge he is again obligated to will [to that effect]. And in case, as detailed in Problems #1390-1398, his older son is obligated to practice his father's compensatory prayers and fastings he must inform him or he wills that they practice those for him. #2703. A person who sees the signs of death in himself must, in case he has an asset near someone or hidden in some place of which the heir has no knowledge, inform his heir if their rights are negated as a result of their ignorance. And it is not necessary that he assigns a guardian or supervisor for his minor children. However, in case without a guardian their assets or they themselves will become spoiled he must assign them an honest guardian. #2704. An executor must be a Moslem and must have reached puberty and be sane and trustworthy. #2705. When a person has assigned several executors for himself it is not necessary for them to seek one another's permission for carrying out the will, if he has permitted each one of them to execute the will independently. And if he has not given permission they must execute the will according to their collective views whether or not he has stated that they execute the will collectively. And if they are not ready to execute the will collectively and there is a conflict in discerning the interest the religious ruler shall force them to surrender to the view of the person who knows the best if delay and procrastination is a cause for a halt in carrying out the will. And in case they do not obey he will assign others in their places and if one of them did not accept he will assign another in his place. #2706. If one rescinds his will, for example, if he says to give a third of his assets to somebody and later says not· to give him, his will becomes void and if he changes his will, for example, if he assigns a guardian for his children and later assigns someone else instead of him, his first will becomes void and they must act according to his second will. #2707. If he does something which indicates that he has rescinded his will, for example, when he sells the house which he had willed to be given to someone, or deputizes a person for selling it, the will becomes void. 359-

#2708. If he wills that a specific thing be given to an individual and then wills that half of the same be given to someone else they must divide that thing into two halves and give one to each of the two. #2709. If a person who shall die from a disease of which he suffers bestows upon someone a portion of his assets and wills that after his death a certain amount be given to someone else too, whatever he bestowed while alive comes from the original assets and does not require the permission of the inheritants. And the thing he willed requires the permission of his heir if it exceeds a third of his assets. #2710. If he wills that a third of his assets not be sold and its income be spent for a certain use they must act accordingly. #2711. If, while afflicted with a disease of which he shall die, he says that he owes an amount to somebody they must pay the specified amount from his third if he is accused of saying so in order to harm his heirs, and if he is not accused nor anyone denies his statement it must be paid from his original assets. #2712. The person that one wills to be given something to must exist. Thus, if he willed that something be given to the child that a woman might bear it is void. However, if he willed that something be given to a child which is in his mother's belly, even though he may not yet have a soul, the will is correct. Therefore, if he is born alive they must give whatever he had willed and if he was born dead the will becomes void and the heirs will divide between themselves whatever had been willed for him. #2713. When a person learns that someone has made him an executor of his will and informs the person who made the will of his unwillingness it is not necessary for him to act according to his will. But if he does not learn of his assignment as an executor before his death, or learns of it but does not inform the latter of his unwillingness to act upon his will, he must, in case that there is no hardship, act according to his will. Similarly, if the executor learns of the event before the death but at a time that the sick, because of the intensity of the illness cannot make a will to someone else, he must accept the will. #2714. If the person who has made a will dies his executor cannot designate someone else for doing the works of the dead person and pull himself aside. However, if he knows that it was not the intention of the dead person that the executor himself does a certain task and only the execution of it was intended by him, he can deputize another person on his own behalf.

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#271 S. If a person chooses two people as executors and one of them dies or becomes insane or infidel the religious ruler will assign another person instead of him and if they both die or become insane or infidel the religious ruler will assign two other people but if one can execute the will it is not necessary to assign two people. #2716. If the executor cannot do the works of the dead on his own the religious ruler will assign another person to help him. #2717. When an amount of the dead's asset is wasted in the hands of the executor he is responsible for it if he has been negligent in keeping it, or has violated it; an example is when the deceased has willed to give a certain amount to the poor people of a certain city and the executor has taken the property to a different city and lost it on the road. And if he has not been negligent nor has he violated it he is not responsible. #2718. If he makes someone an executor and states that in case of the latter's death so and so is the executor the second executor must do the dead's work after the death of his first executor. #2719. A Haj that is obligatory for the deceased and his debts and other matters such as Fifth and alms and debts to unknown creditors, the payment of which are obligatory, must be paid from the deceased's original assets, even though he has not willed for those. #2720. If after the payment of debts and obligatory Haj and other obligatory matters such as Fifth and alms and debts to unknown creditors something remains, in case he has willed to spend the third or a portion of the third for a certain use, they must act according to his command and if he has not done so what remains belongs to the inheritants. #2721. If expenses that he has specified exceed the third of his assets his will, in regards to the excess from the third, is correct in case the inheritants say something or do something that bespeaks of their permission for executing the will, and their mere consent is not enough. And if they permit something after his death it is still correct. #2722. If the use that the deceased has specified exceeds the third of his assets and before his death his heirs give permission for the execution of his will they cannot repeal their permission once he dies. #2723. If he wills that from his third they pay his Fifth and alms or his other debts and to hire someone for his prayers and fasts and also do such recommended acts like feeding the poor they must, if his will occurred in an order, do that which comes first even if it is a desirable, and if something remains from the third do the second item although it is such -361-

things as prayer and fasting which are body-obligatories, and if something remains they spend it for an asset-obligatory and if not they must pay the asset-obligatories from the original assets. But if the third is only enough for the recommended acts the body-obligatory is payable with the permission of the heirs and asset-obligatories are payable from the original assets. And in case his will did not occur in an order, the third must be divided between those three commandments and if it came short the shortage of an asset:.obligatory is payable from the original assets without any permission and the shortages of body-obligatories and the recommended acts are practiced with the heir's permission. 112724. If he wills that they pay his debts and hire someone for his prayers and fastings and also practice a recommended act the debt must be paid from his original assets in case that he did not will that the above be paid for from his third, and if something remained thereafter a third of which is spent for prayers and fastings and the desirable acts which he has specified, and in case the third is not enough his will must be actualized with the heir's permission. And in case they do not give permission they must pay for the prayers and fasts from the third and use the remainder, if any, towards the recommended act which he has specified. #2725. If someone says 'the deceased had willed to give me a certain amount' they must pay him that amount if two just men attest to his statement or if he swears and one just man attests to his statement as well or if one just man and two just women, or four just women, witness his statement. And if one just woman witnesses they must pay him a fourth of what he claims and when two just women witness, half of it, and when three just women witness~ of it. Similarly, if his statement is verified by two men who are among tributary infidels and are just in their religion they must pay him the thing he claims in case the deceased had no choice but to will, and there had been no just man and woman when he made the will. 112726. If a person says 'I am the deceased's executor for the use of his assets in a project,' or 'the deceased has placed me as the guardian of his own children,' his statement is acceptable if it is verified by two just men. 112727. If he wills to give something to somebody but the latter dies before accepting or denying it his inheritants can accept that thing as long as they have not denied the will, but only in case that the person who made the will does not rescind it, else they do not have a right to that thing.

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PRECEPTS OF INHERITANCE #2728. Those who inherit because of relationship (kinship) fall into three groups. The first group consists of the deceased's father and mother and his children, and in case there are no children then their children and so on down whoever is closer to the deceased, will inherit from him and as long as there is one person from this group the second group will not inherit. The second group is the ancestors meaning his grandfather and his father and further on up and his grandmother and mother and further on up, be they paternal or maternal, and sister and brother, and in their absence, their children, whoever is closer to the deceased will inherit from him and as long as there is one person from this group the third group does not inherit. The third group consists of paternal uncle and aunt and maternal uncle and aunt and further on up and their children and further on down, and as long as one of the deceased's paternal uncles and aunts and maternal uncles and aunts is alive their children will not inherit, but if there exists a paternal uncle of the deceased's father as well as the son of his father's or ·his mother's uncle, and there are no other inheritants but these, the son of his father's paternal or maternal uncle will inherit and his father's paternal uncle will not. #2729. When there are none of the deceased's paternal uncles and aunts and maternal uncles and aunts ·and their children and grandchildren then the paternal uncle and aunt and maternal uncle and aunt of the deceased's father and mother will inherit. And if these do not exist their children will inherit and if these, too, do not exist the deceased's ancestral paternal uncle and aunt and maternal uncle and aunt will inherit, and if these do not exist their children will inherit. #2730. A wife and husband inherit from each other according to the details given later on. THE INHERITANCE OF THE FIRST GROUP #2731. When the deceased heir is limited to one person from the first group, for example, father or mother or son or daughter, the entire assets of the deceased goes to him and if there are several sons or several daughters the entire assets will be divided equally between them and if there is one son and one daughter the asset is divided into three parts with two parts going to the son and one part going to the daughter and if there are many sons and many daughters the asset is divided such that each son will get twice that of a daughter. #2732. If the only heirs of a deceased are his father and mother the -363-

asset is divided in three parts with two parts going to his father and one part to his mother but if the deceased has two brothers or four sisters or one brother and two sisters, all of whom from the same father, meaning that their father was the same as that of the deceased whether or not they are from the same mother, even though these will not inherit so long as the deceased has a father and a mother the latter will get 1/6 of the asset (because of their existance) and the rest is given to the father. lf2733. If the heirs of a deceased consists only of a father and mother and one daughter, in case the deceased does not have two brothers or four sisters or one brother and two sisters from the same father, the assets are divided into five parts; father and mother each will receive one part and the daughter will receive three parts. And if he had two brothers or four sisters or one brother and two sisters from the same father, the assets are divided in six parts; father and mother each will get one part and the daughter receives three parts and the remaining one part is divided in four parts, one given to the father and three to the daughter. For example, if the assests of the deceased are divided into 24 parts the daughter will get 15 parts, the father 5 and the mother is given 4 parts. lf2734. If the deceased's heirs consists only of father and mother and one son the asset is divided into six parts, father and mother each will get one part and the son gets four parts and if there are several sons or daughters they divide that four parts equally between themselves and if there are sons and daughters that four parts are divided such that each son gets twice that of each daughter. lf2735. If the heirs of ·the deceased are only a father and a son or a mother and a son the asset is divided into six parts with one part going to the father or mother and five parts going to the son. lf2536. If the heirs of a deceased are only a father or a mother together with a son and a daughter the asset is divided into six parts, one part going to the father or mother and the rest is divided such that each son gets twice that of each daughter.

lf2537. If the heirs of the deceased are only a father and a daughter, or a mother and a daughter, the asset is divided into four parts, one part going to the father or the mother and the rest to the daughter. lf2738. If the heirs of a deceased consists only of a father and several daughters or of a mother and several daughters, one part goes to the father or mother and the daughters divide the four parts equally between themselves.

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#2739. If the deceased has no children the share of his son goes to his son's child even though a girl and the child of his daughter, even though a boy, gets the share of the deceased's daughter. For example, if the deceased has a son from his daughter and a daughter from his son the asset is divided into three parts, one part going to the son of his daughter and two parts to the daughter of his son. THE INHERITANCE OF THE SECOND GROUP lf2740. The second group of those who inherit as a result of kinship consists of one's ancestors, meaning one's grandfather (Jad) and grandmother (Jaddeh) and the deceased's brother and sister, and if he has no brother or sister their children will inherit. lf2741. If the heir of a deceased consists only of one brother or one sister they inherit the whole asset and if there are several full brothers or several full sisters the asset is divided equally among them and when there are full brothers and sisters together each brother gets twice that of a sister. For example, if he has two full brothers and one full sister the asset is divided into five parts, each brother receiving two parts and the sister one part. lf2142. If the deceased has full brothers and sisters his half brothers and sisters of a different mother will not inherit. And if he has no full brother and sister but only one half sister or one half brother from the same father the entire asset goes to him and if there are several half brothers or several half sisters from the same father the asset is equally divided between them, and if he has a half brother as well as a half sister from the same father each brother gets twice that of a sister.

lf2743. If the heirs of a deceased consist only of a half sister or a half brother from the same mother, but of different fathers, the entire asset is his. And if there are several half brothers or half sisters from the same mother, or several brothers and sisters from the same mother, the asset is equally divided among them. lf2144. If the deceased has full brothers and sisters and half brothers and sisters from the same father and one half brother or half sister from the same mother the half brother and half sister from the same father will not inherit and the asset is divided into six parts, one part going to the half brother or sister from the same mother and the rest is given to the full brother and sister, a brother getting twice that of a sister. lf2145. If the deceased has full brother and sister and half brother and

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half sister from the same father and half brother and sister from the same mother the half brother and sister from the same father will not inherit and the asset is divided into three parts one of which is equally divided between the half brother and half sister from the same mother, and the rest goes to the full brother and sister, each brother getting twice that of a sister. lf2746. When the heir of a deceased consists only of a half brother and half sister from the same father and a half brother and a half sister from th~ same mother the asset is divided in six parts, one going to the half brother or sister from the same mother and the rest goes to the half brother and sister from the same father, each brother getting twice that of a sister. lf2747. If the heir of a deceased consists only of a half brother and sister from the same father and several brothers and sisters from the same mother the asset is divided into three parts one of which is divided equally between the half brother and sister from the same mother, and the rest is given to the half brother and sister from the same father, each brother getting twice that of a sister. lf2748. When the heir of a deceased consists only of his brother and sister and his own wife, the wife's share is given according to the details given on page 371 and the sister and brother inherit according to what was mentioned in the previous problems. Similarly, if a wife dies and her heirs consists only of her sister and brother and her own husband the husband gets half of her assets and her brother and sister get their share according to the manner' given in the previous problems. However, since the wife or the husband inherits, the share of half brother and half sister from the same mother will not be reduced and the share of full brother and sister and that of half brother and sister from the same father will be reduced. For example, if the deceased's heir consists of a husband and half brother and sister from the same mother and a full brother and sister, half of the asset goes to the husband and one of three parts of the original asset is given to the half brother and sister from the same mother and the remainder belongs to the full brother and sister. Thus, if her entire assets amounts to six tomans three tomans goes to the husband and two to the half brother and sister from the same mother and one to her full brother and sister. lf2749. If the deceased has no brothers or sisters their share of inheritance goes to their children and the share of a half nephew and niece from the same mother is divided equally between them; and from the

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share going to a half nephew and niece from the same father or that of a full nephew and niece, ¥3 goes to the boy and V3 to the girl. #27SO. When the heir of a deceased consists only of his grandfather or grandmother, be it paternal or maternal, the entire assets go to him or her and when the deceased's grandfather exists his great grandfather will not inherit.

#27Sl. If the heir of the deceased consists only of his grandfather and grandmother the asset is divided in three parts, two of which goes to the grandfather and one to the grandmother and if the grandparents are maternal they divide the asset equally between themselves. #27S2. If the heir of the deceased consists only of a paternal grandfather or grandmother and a maternal grandfather or grandmother the asset is divided into three parts, two of which go to the paternal grandfather or grandmother and one to the maternal grandfather or grandmother. #27S3. If the heir of the deceased consists of paternal grandfather and grandmother and maternal grandfather and grandmother the asset is divided into three parts, one part divided equally between maternal grandfather and grandmother and two parts going to paternal grandparents with the grandfather getting twice that of the grandmother. #27S4. When the heir of the deceased consists only of his wife and paternal grandfather and grandmother and maternal grandfather and grandmother the wife gets her share according to the details given on page 371 and one of the three parts of the original asset is given to the maternal grandparents to equally divide among themselves and the rest is given to the paternal grandparents with the grandfather getting twice that of the grandmother. And if the heir of the deceased consists of her husband and grandfather and grandmother the husband gets half of the assets and the grandparents receive their share according to the instructions given in previous problems.

mE INHERITANCE OF THE THIRD GROUP

#21SS. The third group consists of paternal uncles and aunts and maternal uncles and aunts and their children. These, as mentioned before, will inherit if there is no one from the first and second groups. #21S6. If the heir of the deceased consists only of paternal uncle or

paternal aunt, either paternal and maternal, meaning that their parents were the same as those of the deceased or they shared the same father or

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mother, he [or she] will inherit the entire asset. And if there are several paternal uncles or paternal aunts, all of whom from the same parents or all from the same father, the asset is divided equally among them. And if there are both paternal uncles and paternal aunts, all of whom from the same father and mother or from the same father, the paternal uncles get twice that of the paternal aunt. For example, if the deceased's heirs consist of two paternal uncles and .one paternal aunt the asset is divided into five parts, one of which is given to the paternal aunt with the paternal uncles dividing the other four parts equally among themselves. #2757. If the heirs of the deceased consist only of several paternal uncles or paternal aunts (via mother) the asset will be divided equally among those but if he only has a few paternal uncles and aunts of his mother they must make peace with each other, as an obligatory caution. #2758. If the heirs of a deceased consist of his paternal uncles and aunts, some of whom, from the same father and others from the same parents and still others from the same mother, the paternal uncle and aunt who are from the same father will not inherit. Thus, if the deceased has one paternal uncle or one paternal aunt from the same mother the asset is divided into six parts, one going to the paternal uncle or aunt from the same mother and the rest is given to the paternal uncle and aunt from the same parents and the full paternal uncle gets twice that of the full paternal aunt. And if he has both a paternal uncle and a paternal aunt from the same mother the asset is divided into three parts, two of which go to the full paternal uncle and aunt with the uncle getting twice that of the aunt. And one part is given to the paternal uncle and aunt from the same mother who must divide it between themselves compromisingly, as an obligatory caution. #2759. If the heir of a deceased is limited to a maternal uncle or a maternal aunt he or she will inherit the whole asset and if the maternal uncle and aunt both exist, all from the same parents or from the same father or the same mother, the asset is divided equally among them and they must, caution-wise, make peace with one another in dividing. #2760. When the heir of the deceased is limited to one maternal uncle or one maternal aunt from the same mother and a full maternal uncle and aunt and a maternal uncle and aunt from the same father the maternal uncle and maternal aunt from the same father will not inherit and the asset is divided into six parts, giving one part to the maternal uncle or aunt from the same mother and the rest goes to the full maternal uncle and aunt, to divide equally between themselves.

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#2761. If the deceased's heirs consist only of his maternal uncles and aunts from the same father and a maternal aunt from the same mother and full maternal uncles and aunts, the maternal uncle and aunt from the same father will not inherit and the asset must be divided into three parts, one of which goes to the maternal uncle and aunt which they divide equally between them and the rest given to the full maternal uncle and aunt to divide equally between themselves. #2762. If the heirs of a deceased consist only of a maternal uncle or a maternal aunt and a paternal uncle or a paternal aunt the asset is divided into three parts one of which goes to the maternal aunt or uncle and the rest to the paternal aunt or uncle. #2763. When the deceased's heir consists of a maternal uncle or a maternal aunt and paternal uncle and aunt, in case the paternal uncle and aunt are from the same parents, or from the same father, the asset is divided into three parts one of which goes to the maternal uncle or aunt arid % of the rest is given to the paternal uncle and ~ to the paternal aunt. Therefore, if the asset is divided into nine parts three of which are given to the maternal uncle or the maternal aunt and four parts to the paternal uncle and two parts to the paternal aunt. #2764. If the heirs of a deceased consist of a maternal uncle or a maternal aunt and one paternal uncle from the same father or one paternal aunt from the same mother and a full paternal uncle and aunts or paternal uncles and aunts from the same father the asset is divided into three parts, one of which goes to the maternal uncle or maternal aunt and the remaining two parts are divided into six portions with one going to the paternal uncle or maternal aunt from the same mother and the rest to the full paternal uncle and aunt or to the paternal uncle and aunt from the same mother, with paternal uncle getting twice that of paternal aunt. Therefore, if the asset is divided into nine parts three of which go to paternal uncle or aunt and one part goes to paternal uncle or aunt from the same mother and five parts are given to the full paternal uncle and aunt or to paternal uncle and aunt from the same father. #2765. If the heirs of a deceased consist of maternal uncle or a maternal aunt and a paternal uncle and aunt from the same mother and a full paternal uncle and aunt or a paternal uncle and aunt from the same father the asset is divided into three parts, one of which goes to the maternal uncle or aunt and the remaining two parts are divided into three shares one of which is given to the paternal uncle and aunt from the same mother who must, as an obligatory caution, compromise with each other -369-

and the remaining two shares are divided between the full paternal uncles and aunts or the paternal uncles and aunts from the same father with the paternal uncle receiving twice that of the paternal aunt. Therefore, the asset is divided into nine parts, three going to the maternal uncle or aunt and two to the paternal uncle and aunt from the same mother and four parts to the full paternal uncle and aunt or to the paternal uncle and aunt from the same father. #2766. If the heirs of a deceased consist of several uncles and aunts, all of whom are from the same parents or from the same father or the same mother, as well as a paternal uncle and a paternal aunt the asset is divided into three parts, two of which go to the paternal uncle and aunt according to the instructions given on the previous page and one share is divided equally among the maternal uncles and aunts. #2767. If the heirs of a deceased consist of a maternal uncle or maternal aunt from the same mother and several full maternal uncles and aunts or maternal uncles and aunts from the same father and paternal uncles and aunts, the asset is divided into three parts, two of which will be divided between the paternal uncle and aunt according to the previous instructions. Thus, if the deceased has a maternal uncle or maternal aunt from the same mother one part of it is divided into six shares one of which is given to the maternal uncle or aunt from the same mother and the rest goes to his full maternal uncle and aunt or to his maternal uncle and aunt from the same father who will divide it equally among themselves. And if he has several maternal uncles or aunts from the same mother or has both a maternal uncle from the same mother and a maternal aunt from the same mother that one share is divided into three parts one of which is to be divided equally among the maternal uncles and aunts from the same mother and the rest is given to the full maternal uncle and aunt, or to the maternal uncle and aunt from the same father, to divide between themselves in an equal manner. #2768. If the deceased does not have a paternal uncle or aunt and a maternal uncle or aunt the amount which goes to a paternal uncle and aunt will go to their children and the amount which goes to the maternal uncle and aunts is given to their children. #2769. If the heirs of a deceased consist of his father's paternal uncle and aunt and maternal uncle and aunt and of his mother's paternal uncle and aunt and maternal uncle and aunt the asset is divided into three parts one of which goes to this mother's paternal uncle and aunt and maternal uncle and aunt, equally divided. However, it is an obligatory caution that

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the paternal uncle and aunt of the deceased's mother make peace with each other. The other two shares are divided into three parts one of which is equally divided between the maternal uncle and aunt of the deceased's father, while the paternal uncle receives twice that of the aunt. THE INHERITANCE OF WIFE AND HUSBAND #2770. If a wife who has no children dies half of her assets go to her husband and the rest go to the other inheritants and if she has children from that husband, or from another husband, the husband gets ~ of her assets and the rest goes to the other inheritants. #2771. If a man dies and has no children ~ of his assets go to his wife and the rest goes to the other inheritants and if he has children from that woman or from others the woman [wife] get 1/8 of his assets and the rest goes to the remaining inheritants. And a wife inherits from all movable assets but not from land and the price of land. Similarly, she does not inherit from the aerials [structure] themselves, such as a building or a tree, and only inherits from the price of the aerial. #2772. If a wife wants to take charge of something which she does not inherit she must obtain the permission of the other heirs. Similarly, the heirs must not take charge of the building and other things that the wife inherits from their prices without her permission, until she is given her share. And if they sell these before giving the wife's share the deal is correct if she gives permission for it, else it is void as it relates to her share. #2773. If they want to price [evaluate] a building and a tree and the like they must calculate their value based on the assumption that they remain on the ground, without rent, until they perish and give the share of the woman from that price. #2774. The rules for irrigation canal and the like are the same as land and those for bricks and like, used in them, are the same as building. #2775. When the deceased has more than one wife, if he has no children, ~ of the assets, and if he has children 118 of it, is divided equally between his contractual [permanent] wives, even though the hus;. band has not had intercourse with all or with some of them. However, if he contracted a woman when suffering from a disease of which he died without having had intercourse with her that woman will not inherit, nor she has the right to a dowry. #2776. If a woman takes a.husband while suffering from a disease of -371-

which she eventually dies her husband inherits from her even though he has not had intercourse with her. #2777. If a woman is reversibly divorced according to the instructions given in the precepts of divorce and she dies during the waiting period her husband inherits from her. Similarly, if the husband dies during the woman's waiting period she will inherit from him. But no one will inherit after the lapse of the waiting period of a reversible divorce nor when death occurs during the waiting period of a non-reversible divorce. #2778. If a husband divorces his wife while ill and dies before the lapse of 12 lunar months the wife inherits under three conditions. First, that she has not taken another husband during this time. Second, that she had not given her husband something in order to consent to a divorce because of her disinclination towards him. Further, even if she does not give something to the husband but the divorce was on her request there is still concern over her inheriting. Third, that the husband died from the same disease of which he suffered when he divorced her or from some other cause. Thus, if he recovers from that disease and leaves the world from some other cause the woman will not inherit from him. #2779. The dress that a man got for his wife to wear, even if worn by that woman, counts amoung the husband's assets after he dies. MISCELLANEOUS PROBLEMS OF INHERITANCE

#2780. The Koran and the ring and the sword of the deceased and the clothes he wore, or had .obtained and sewed to wear but did not wear, belong to the older son. And if the deceased has more than one of these four things, for example, if he has two Korans or two rings, they belong to the older son if they were being used or were prepared for use. #2781. If there is more than one older son, such as when two sons were born simultaneously from two of his wives, they must equally divide between themselves the deceased's suit and Koran and ring and sword. #2782. When the deceased has a loan [indebtedness] equal to or exceeding his assets they must pay the four things belonging to the older son and mentioned in the previous problem towards his debt. And if his loan is less than his assets they must pay proportionally from the four things which belong to the older son towards his debt. For example, if all his assets amount to 60 tomans with 20 tomans of that related to those things belonging to the older son and there is a 30 toman debt the older son must, as an obligatory caution, give 10 tomans worth of those four

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things towards the deceased's loan. #2783. A Moslem will inherit from an infidel but an infidel will not inherit from a Moslem even though he is the deceased's father or son. #2784. If a person kills one of his relatives on purpose and undeservedly he will not inherit from him but if it was done in error, such as if he threw a stone and it accidentally hit one of his relatives and killed him he will inherit from him but he will not inherit from the killing mulct. #2785. When they want to divide the heritage, in case the deceased has a child who is in the belly of the mother and there is another heir in his tier such as children and father and mother, they must put aside the shares of two sons for that child which he will inherit if born alive. But if they find it likely that there are more, such as when they find it likely that the woman is carrying triplets, they must put aside the shares for three sons; and if one boy or one girl is born, as an example, the heirs will divide the excess among themselves. SUPPLEMENTS TO TOWZIH AL-MASAEL THE BOOK OF THE ORDERING THE RIGHT (LAWFUL) AND BARRING THE WRONG (UNLAWFUL) /f2786. Ordering [the practice of] what is right (ma'roof) and barring that which is wrong (monkar), with the conditions to be mentioned later, is obligatory and to abandon it is a sin and ordering and prohibiting the desirables and the abominations are recommended [acts]. 112787. Ordering the right and barring the wrong is enough-obligatory, meaning in case some who are religiously accountable rise for them others may decline and if establishing the right and barring the wrong necessitates collective action of a group of those who are accountable it is obligatory that they join together.

lf2188. If some do the ordering and the barring without an effect and others find it likely that their ordering or barring will be effective it is obligatory that they do it. lf2189. The mere stating of the religious problems is not enough in ordering the right and barring the wrong. Thus, the religiously accountable person must command and prohibit. lf2190. The intention of closeness to God is not credible in the subject of ordering the right and barring the wrong. Thus, the aim is the establishment of that which is obligatory and the prevention of that which is unlawful. -373-

CONDITIONS FOR ORDERING THE RIGHT AND BARRING THE WRONG #2791. In determining whether ordering the right and barring the wrong is obligatory several conditions apply. First, that the person who wants to do the ordering and barring knows that what the accountable individual is not practicing is to be obligatorily practiced and what he is practicing must be abandoned. And it is not obligatory for a person who does not know the lawful and the unlawful. Second, that he finds it likely that his commands and admonitions make an effect; thus if he knows that it is not effective it is not obligtory. Third, that he knows that the sinner plans to repeat his sin. Thus, if he knows or suspects or correctly predicts that he will not repeat it, it is not obligatory. Fourth, that there is no mischief involved in commanding and barring. Thus if he knows or suspects that in case he commands or bars he is subject to considerable damage, physical or reputational or financial, it is not obligatory. Further, if he correctly predicts that he will be subject to the fear from those damages it is not obligatory. Further if he fears that those who belong to him are subject to harm, it is not obligatory. Further, in the likelihood of the occurrence of physical or reputational or financial harm [and] of incurring blame upon some of the faithful it does not become obligatory, and on many occasions it is unlawful. #2792. If the right or the wrong is one of those matters which is of great importance to the holy Law-Giver, such as the principles of the religion or the sect and preservation of the glorious Koran and protection of the beliefs of Moslems, or of essential precepts, consideration must be given to the gravity of the situation and mere harm is not a cause for becoming obligatory. Thus, if preserving the beliefs of Moslems or of Islam's essential precepts necessitates forsaking one's life and belongings it is obligatory to forsake. #2793. When a heresy occurs in Islam, such as those unlawfuls perpetrated by governments in the name of the true religion of Islam, it is obligatory, particularly for the religious authorities of Islam (ulema) to state the right and to denounce the void. And if the silence of the prominent authorities (ulema) results in aspersion of the science's [authorities] standing and casts suspicion over Islam's authorities, stating the right is obligatory in any manner which is possible, even if they know that it is ineffectual. #2794. If it is correctly predicted that the silence will result in an unlawful to become a lawful, or a lawful to become an unlawful, stating -374-

and announcing the right is obligatory particularly to the prominent authorities and silence is unacceptable. #2795. If the silence of the prominent authorities results in the strengthening of the tyrant or causes his corroboration or emboldens him to commit other unlawful acts, stating the right and denouncing the void is obligatory, even if it is presently of no effect. #2796. If the silence of the prominent authorities causes the people to become suspicious of them, and accuse them of compromise with the establishment of tyranny, stating the right and denouncing the void is obligatory even if they know that it will not prevent the unlawful and that their pronouncement does not bring the removal of tyranny. # 2797. If the entry of some of the prominent authorities in the establishment of tyranny results in the prevention of mischief and unlawful it is obligatory to take charge of that cause unless the undertaking involves a gravest mischief such as weakening the public's beliefs, or their disbelief in the religious authorities, in which case it is not acceptable. #2798. It is unacceptable for the religious authorities and the imams of public to take charge of the religious schools on behalf of the government and the Office of Endowments, whether their salaries, and those of the students of religious sciences, come from the government or is paid from the endowments, even if the endowment belongs to the school itself; because the interference of the government in such affairs and the like is a prelude to the destruction of the basis of Islam by the orders of colonialists, the like of which have been perpetrated in all Islamic governments or is being perpetrated. #2799. It is not lawful for the students of religious sciences to enter government institutions founded in the name of religion such as those religious schools in which the governments interfere and are taken away from their custodians or have brought the latter under their own control and influence, and whatever is given to them through the hands of the Office of Endowment, or by its approval, is unlawful. #2800. It is not lawful for students of religious sciences to enter those schools run by some of the turbaned and the imams of public on behalf of the government, or by the government's insinuation, whether the educational program comes from the government or from such undertakers who are the agents of the cruel government, because the plot for the annihilation of relics of Islam and the precepts of the Merciful Koran is drawn in these affairs. 375-

#2801. It is necessary that Moslems and the pious oppose and avoid those who, in the garb of people of science, enter those institutes which have been founded by the government's insinuation, and they are condemned for lack of justice, and public prayer with them is not acceptable and divorces notarized in their offices·are void and the blessed share of the Imam, salutations to Him, and the share of the great Masters, must not be given to them and if they give it to them they have not discharged their debts. And if they are people of manbar (pulpit), it is necessary not to invite them for manbar and not to take part in those gatherings in which these people go over the manbar, on behalf of the government and for promulgating the void and explaining the programs which are counter to Islam. #2802. The undertakings of such turbaned people who are agents of tyrants carry grave mischief which will become gradually apparent. Thus, Moslems must not pay attention to their excuses for their undertakings and it is necessary for the prominent religious authorities, too, to expel them from their realm and to avoid them. And it is necessary for all prominent authorities and students of religious sciences and respectable orators, and other tiers who are familiar with the conspiracies of foreign agents, to introduce these wicked and corrupt persons to the nation and to warn the people of their evil. #2803. If indications give rise to the suspicion that the undertaker of an institution, who is clothed in the garb of the people of [religious] science, is acting on behalf of the government it is necessary to behave with him according to the text of Problem #2801 until his innocence is proven.

THE PHASES OF ORDERING THE RIGHT (LAWFUL) AND BARRING THE WRONG (UNLAWFUL) #2804. There are steps in conducting ordering the right and barring the wrong and it is notacceptable to practice what is called for at a higher level when there is likelihood of achieving the goal at a lower level. #2805. The first step is to behave with the sinner in a manner that he recognizes that he has become subject to that behavior because of his sin. Examples are: turning one's face away from him or meeting him with a frowning face or cutting all relationships with him and opposing him in such a way that it becomes clear to him that these affairs mean that he should abandon the sin. #2806. If there are degrees in this step it is necessary that one be satisfied with a milder degree when there is a likelihood for its effectiveness. For example, if one finds it likely that the goal is achievable by

-376-

refraining from conversing with him he must be satisfied with that and do not act out on a higher degree, especially if the party is a person who becomes dishonored by such manners of behavior. #2807. Opposition and breaking all relations with the sinner is obligatory if they result in mitigating the sin, or if he finds it likely that they will mitigate it, even though he knows that it will not stop it completely; and this is in case that he cannot prevent the sin by other steps. #2808. If the prominent religious authorities (ulema) know that as a result of their opposing the oppressors and the kings of tyranny their cruelty will be reduced it is obligatory to oppose them and to make the Moslem nation understand their opposition. #2809. If the association and frequentation of the prominent religious authorities with the oppressors and the kings of tyranny result in amelioration of their cruelty they must consider whether the breakage of association is preferable to the abatement of cruelty, since it is possible that such associations will cause weakening of the peoples' beliefs and will result in dishonoring Islam and Islamic authorities. Thus, they must choose whatever is most important and act accordingly. #2810. If the association and frequentation of the prominent religious authorities with the oppressors is devoid of convincing and over-riding expediency they must not associate, since this matter will result in their becoming accused. #2811. If the relationship of prominent religious authorities with the oppressors is a cause of their strengthening, or results in their exoneration in the view of uninformed individuals, or emboldens them, or results in dishonoring the stand of [religious] science, it is obligatory to abandon it. #2812. It is necessary for Moslems to bar those who spread the aims of the oppressors and assist in their festivities and sins and cruelty, such as some of the merchants and shop owners, and if it proves of no avail they oppose them and not associate and deal with them. #2813. The second step in ordering the right and barring the wrong is to command and prohibit by tongue. Thus, with the likelihood of effectiveness, and in the presence of the above-mentioned conditions, it is obligatory to enjoin those who sin and to order those who have abandoned the obligatory to practice it. #2814. If he finds it likely that the sinner will abandon the sin with counselling and advice it is necessary to stop with these, and one must not go further than that.

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#2815. If one knows that advising is of no avail he must, given the likelihood of success, practice coercive ordering and barring, and if that was of no avail unless with harshness in talking and threats of opposition, it is necessary but lying and other sin[s] must be avoided. #2816. It is not acceptable to commit sins such as the use of bad words and lying and insulting when preventing a sin, unless it is one of those things which was a matter of diligence for the Holy Law-Giver and he is in no way satisfied with it, such as the murder of a dignified person, in which case he must prevent it in any possible manner. #2817. If a rebel does not abandon the sin unless by conjoining the first and second steps of barring, joining those is obligatory, that is to oppose him and not associate with him and meet him with a frowning face as well as verbally command him the right and bar him from the wrong. #2818. The third step is resorting to force and coersion. Thus, if one knows or is confident that he will not abandon the wrong or practice the obligatory unless he is forced or coerced the latter is obligatory, but one must not exceed the necessary amount. #2819. If the prevention of sin requires that he put himself between the individual and the sin, thus averting the sin, it is necessary to limit it to that when its inconvenience is less than other things. #2820. If preventing the sin necessitates that he holds the hand of the sinner,· or to expel him from the place in which the sin occurs, or to take charge of the instrument with which the sin is committed it is acceptable that he does so; moreover, it is obligatory. #2821. It is not acceptable to waste the respectable properties of the sinner unless it is called for in preventing the sin, in which case he is apparently not responsible if they get wasted; otherwise he is responsible and has committed a sin. #2822. If preventing the sin rests upon imprisonment of the sinner in a place, or upon prohibiting him from entering a certain place, those are obligatory, observing the necessary amount and not exceeding that. #2823. If preventing the sin necessitates beating the sinner and being strict with him and to constrain him they are acceptable, but it is necessary to observe not to exceed the limit and it is better to seek the permission of a fully qualified religious Expert (mujtahed) in these and other matters like it. #2824. If preventing the wrongs and establishing the obligatories -378-

necessitates wounding and slaying it is not acceptable unless permitted by a fully qualified Expert and in the presence of its conditions. #2825. If the wrong is of those affairs which was a matter of diligence to the Holy Law-Giver and he is not at all content to its occurring it is acceptable to repel it in any manner possible. For example, if someone wants to kill a person whose killing is unacceptable he must be prevented and if defending a meek's slaying is impossible except by killing the tyrant it is acceptable, nay, obligatory and it is not necessary to seek an Expert's permission. However, he must observe caution and in case that it is possible to prevent it in a manner which does not lead to killing, he acts accordingly; and if he exceeds the necessary limit he has sinned and is subject to the precepts of violators. PROBLEMS OF DEFENSE #2826. If the enemy invades the cities of Moslems and their borders it is obligatory for all Moslems to defend those by any means possible, forsaking life and belongings. And in this case the permission of the religious ruler is not needed. #2827. If the Moslems fear that the foreigners have a plot to subjugate their cities, either directly or through their agents, from outside or inside, it is obligatory that they defend the Islamic countries by any means possible. #2828. If, within the Islamic countries, plots have been laid by foreigners, with the fear that they may dominate Islamic countries, it is obligatory for Moslems to foil their plot by any means possible and to obstruct the spread of their influence. #2829. If as a result of the spread of the foreigners' political or economic and commercial influence there is fear of their domination of the cities of Moslems it is obligatory for all Moslems to defend by any means possible and to cut the hands of the foreigners, whether they are internal or external agents. #2830. If there is a fear of domination of Islamic countries by foreigners because of the political relationship between the Islamic governments and foreign governments, even if it is political and economic domination, it is incumbent upon all Moslems to oppose these relations and force the Islamic governments into breaking these kinds of relations. #2831. In commercial relations with foreigners, if there is fear of economic damage to the Moslem bazaar resulting in commercial and -379-

economic slavery, breaking these kinds of relations is obligatory and such kinds of commerce is unlawful. #2832. If a relationship contract, whether political or commerical, between one of the Islamic governments and foreigners is against the interest of Islam and Moslems [such relationships are] not acceptable Gayez). And if a government establishes it, it is obligatory for other Islamic governments to force the latter into breaking the relationship by whatever means possible. #2833. If some of the heads of Islamic governments or some of the deputies of Twin Houses (Majles) become the cause of the spread of foreigner's influence, be it political or economic or military, which is against the interest of Islam and Moslems, he is deposed from his position, whatever it may be, because of this treason, assuming that he had rightfully obtained that position. And it is incumbent upon Moslems to punish him in any manner possible. #2834. Commerical and political relations with some governments which are the puppets of the cruel big governments, such as the government of Israel, is not acceptable and it is incumbent upon all Moslems to oppose such relationships in any manner possible. And those merchants who have commercial relationships with Israel and Israeli agents are traitors to Islam and Moslems and are helping in the destruction of Islamic precepts. And it is incumbent upon Moslems to cut all relations with these traitors, whether governments or merchants, and to force them to recant and to abandon any relationship with these kinds of governments. Problems related to defending one's life and honor are in the book Tahrir-al-vasileh to which you are referred. [See Foreword and Appendix II] END

#2835. The laws that are passed and are being passed by Twin Houses on the order of foreign agents (may God Almighty abandon them) in clear opposition to the Merciful Koran and the traditions of Islam's Prophet, salutations of God to Him and to His relatives, are vain, from the point of view of Islam, and worthless, from the point of view of law, and it is incumbent upon Moslems to resist those who order and those who vote in any manner possible and to refrain from any association and dealings with them. And they are culpable and one who acts according to their vote is a sinner and a fornicator. -380-

#2836. The law which was passed recently by the two illegal and irreligious Houses, under the name of Family Law, ordered by foreign agents for the annihilation of precepts of Islam and the destruction of Moslems' nest of family, is against Islamic precepts and those who ordered and those who voted [for it] are culpable in the eyes of the religion and law. And the divorce of those women which are ordered by the court are void and these are married women who become fornicators if they take husbands again. And the person who marries them knowingly is a fornicator and deserves religious punishment: And their children are irreligious and uninheritable and are subject to other precepts of illegitimate children, whether the court divorces directly or orders the divorce and forces the husband into a divorce. #2837. It is incumbent upon the prominent religious authorities, may God Almighty assist them, to object vehemently against these kinds of laws which are worthless in the view of Islam and the law, nor should they implore the original violators or seek justice from those who execute counter-Islamic orders, because such requests and supplications, and attracting the attention of small and second class functionaries, result in the cleansing of the primary culprit and in his emboldening in destroying the precepts of God. And it is incumbent upon all Moslems to resist and to express their hatred of these laws which threaten their religion and wealth and family and drags their pitiful daughters into barracks and spoils the labors of the great prophets and the endeared saints, salutations of God to them all, and not to act according to these counter:. Islamic laws, and to presently defend the precepts of Islam by any possible means lest (God forbid) they become afflicted by the black and dreadful future which the agents of colonialism, may God Almighty abandon them all, have in mind for Islams and Moslems. SOME OF mE PROBLEMS WIDCH ARE NEEDED IN THESE TIMES PROMISSORY NOTES · #2838. There are two kinds of promissory notes. First, the· genuine note given by the debtor to the creditor, corresponding to his debt. Second, the friendship note which is one that a person gives to another without an actual indebtedness corresponding to it. #2839. If a person gets a genuine note from a debtor for a transaction with another person for a lesser amount he must deal in a manner not -381-

necessitating usury (interest); such as under-selling of a bank bill owed to one by the debtor and getting the money for it and [then] giving the note to a third person who will receive its full value from the debtor. There is no concern in such a kind of note-usury (tanzil i softeh). #2840. A promissory note is not money and the deal does not occur by that in itself. Further, money is the bank bill and the deal occurs with that. And promissory notes are drafts and receipts. And the guaranteed checks which are common in Iran are money like bank bills and there is no obstacle in buying and selling them for higher and lower prices. #2841. If a person who holds a promissory note borrows money from a party and gives him the note so that the latter can receive, on the due date, more than the borrowed amount it is usury and unlawful and the loan is void. #2842. A friendship promissory note which is given by a person to another for depositing with a third person in a note-usury transaction, and in which the third party has the right of recourse to the owner of the note (the first person) can be corrected in several manners. First, that the matter returns to the fact that the first person deputizes the second person to deal with the third person on his account by selling the latter an amount of bank bills (which is the same as the amount of the note) for less than the face value. And, the second person is deputized to borrow the money he received. And the first person who is the lender returns to the second person, at an agreed time, asking for the loan. Therefore, the initial owner of the note who was not a debtor becomes the real debtor to the third person after the transaction and the second person, after borrowing, owes the initial owner of the note what he received from the third person. And this loan must contain no agreement for a profit, else it is void and unlawful. However, there is no obstacle if he gives the excess free of charge or as a religiously recommended act. Therefore, after the transaction the third party can refer to the first on the due date to receive payment and the first party can refer to the second, following the borrowing, and at the due date and ask for what is owed to him. And if the custom in these notes is that the third party can refer to the second, in case of the failure of the first party to pay, it is because of the described implied condition and he can do so. The second manner in which a friendship promissory note is given to the second person who submits it to the third in a note-usury transaction and in which the third party has the right of recourse to the second person, has two versions. First, that as a result of giving the note the receiver becomes credit-worthy to the third -382-

party who will then deal with him directly and the second person becomes the debtor to the third. Second, that as a result of his promise to these people the first person is responsible for remitting the specified amount if the second person person fails to give. Therefore, after the transaction, the third party can refer to the second on the due date and if he did not pay he refers to the first. And if the first party paid he refers to the second. And sinc.e these matters are promissory the agreement is implied and there is no obstacle and some of the other fees, too, are for validity. #2843. Since it is customary, in bank and commercial dealings, that there is a right of recourse to whoever signs a promissory note, when the person who wrote the note fails to pay his debt, therefore, that is how the implied agreement stands in a deal and its observance is necessary. However, if the party to the deal is not aware of his promising he is not subject to recourse. #2844. If the creditor, whether a bank or otherwise, receives something from the debtor because of a delay in payment it is unlawful, even if the debtor consents to it. #2845. No non-loan usury occurs in a situation like bank bills and paper dinars and other paper moneys such as dollar and Turkish lira and the exchanging of some with others is· permissible at higher or lower rates. However, loan usury occurs in all of them and it is not acceptable to lend 10 dinars in exchange for 12 dinars. GOODWILL #2846. It is unlawful for those who rent a house or shop or other things from their owners to stay in them beyond the rental period without the permission of the owner of the place and they must evacuate the place immediately if the owner does not consent. And if they do not they are usurpers and responsible for the place as well as the rental amount and there is no religious right for them whatever, whether the rental period is short or long and whether or not their stay in that length has resulted in an increase in the value of the place or that their exit from the place may result in an impairment to their business. #2847. If a person rents a place from the previous tenant whose rental period has elapsed his rent is not correct, without the permission of the owner, and his stay in that place is unlawful and extortionary. And if there are damages to the place, or if it gets wasted, it is a cause for surety against that man and he must pay the owner rent as long as he stays there. -383-

#2848. If a usurper who is a former tenant receives something as goodwill from the person who rented him the place it is unlawful and if whatever he has received is wasted or lost in an accident he is responsible to the giver. #2849. If he rents a place for a certain period of time and has the right to sublet it to someone else, and the rent goes up in the meantime, he can sublet that place for the same amount that he has rented it and receive an amount, as goodwill, from the tenant as well. For example, if he has rented a shop for a period of 10 years for a monthly rent of 10 tomans and after sometime the rent of that place has increased to 100 tomans he can, if he has the right to sublet, rent that place for the remaining rental period for 10 tomans a month and receive for example, 1000 tomans from that person, with mutual consent, in order to rent him that place. #28SO. If he rents a place from its owner on the condition that the owner will not increase the rent for a period of 20 years, for example, and stipulates that in case he delivers the place to another person the owner will act similarly to the third person, as well as to anyone who gets the place from the third person, nor that he increases the rental amount, it is acceptable for the tenant to deliver the place to someone else for an amount of goodwill he receives for that purpose, and the goodwill received this way is lawful and the second person can pass it to the third according to the agreement and on down the line, each receiving from the successor a goodwill under those terms. #28S1. In a rental contract, if the tenant stipulates with the owner not to increase the rent for a certain period and that the latter has no right to evict him from the premise and that he has the right to renew his rent in coming years for the same amount and that the owner is obligated to rent to him, he can receive an amount from the owner, or from someone else, in order to relinquish his right, or for the purpose of vacating the premise, and this kind of goodwill is lawful. #28S2. Owners can ask for whatever amount of goodwill that they want in order to rent a premise to an individual and if the tenant has the right of subletting to another person he can ask for an amount in order to rent him the place and this kind of goodwill is without obstacle.

BANK TRANSACTIONS #2853. Whatever people receive from banks, as loan deals or otherwise, are lawful and without obstacle provided that the deals are carried out religiously, even though he knows that there are unlawful monies in -384-

the bank and that he finds it likely that the money he has received is from the unlawful. However, if he knows that the money he has received is unlawful, or that some of that money is unlawful, taking charge of it is not acceptable and he must deal with it like an "unknown owner", with the permission of the religious jurisprudent (faghih) in case he cannot find the owner. And in this matter there is no difference between internal and external banks nor between government and non-government banks. #2854. The bank deposits are of no concern if they are considered as loans and there is no arrangement for profit, and it is lawful for banks to take charge of them. And if there is an arrangement for profit the loan is void and the banks cannot take charge of what they receive. #2855. It makes no difference in a profit agreement which leads to usury whether the agreement is open or that the parties assume a profit while they borrow. Thus, if the banking law calls for the payment of interest on what they borrow, and the loan is based on that law, it is unlawful.

#2856. If, in a situation, a loan is made without any arrangement for profit, neither openly nor otherwise, that loan is correct and if something is given to the lender, without an agreement, it is lawful. #2857. It is not acceptable to take charge of deposits in banks which are held as trusts and deposits without the permission of their owners and if the bank does so it is responsible. And if he gives permission or consent it is acceptable and whatever the bank gives or receives with consent is lawful, unless the consent to taking charge in reality returns to the loan itself, meaning possession of surety, in which case, if it gives something by prior arrangement it is unlawful, and a bank deposit is apparently of this kind even though it is a deposit in name, and in that case they must in some way extricate themselves from usury. #2858. Those prizes that banks or others give to encourage borrowers, or those that institutions give for encouraging the buyers and customers by use of lotteries, are lawful and the things that the sellers put inside their merchandise to attract customers and increase buyers, such as gold coins in boxes of shortening, are lawful and are of no concern. #2859. Bank or commercial drafts which are referred to as premiums have no obstacles. Thus, there is no obstacle and it is lawful if a bank, or a merchant, takes money from a person at one place and writes him a draft such that the person gets that money from the bank or from the merchant's counterpart in another place and the drawer receives something -385-

from the giver for the draft. For example, there is no concern if one gives 1000 tomans to a bank in Tehran and the bank writes a draft to its branch in Isfahan to give 1000 tomans to that individual and the bank in Tehran charges the person 10 tomans for the draft. And there is no concern if the bank receives 1000 tomans and writes a draft for 9SO tomans to be received at another place, whether the bank receives the money as a loan or under some other name. And, in the above hypothesis, there is no concern if it gets the excess as [their] commission.

#2860. When a bank or another institution gives money to someone and orders him to pay that money in another place to the bank's branch, or to his party, there is no concern if he gets an amount as commission. Similarly, there is no obstacle if it is higher because of selling it in bank bills. And if it lends with an agreement for a profit it is unlawful even though the agreement for profit is not explicit and the loan is conditional upon it. #2861. When mortgage banks and others lend someone with an agreement for profit and hold something as mortgage such that if the debtor did not pay his debt on the due date they would sell the latter and take their assets from it that loan is void and unlawful and the mortgage is void as well, and it is not acceptable for the bank to sell it. And if someone buys that he does not become an owner and is responsible. And there is no concern if there is no agreement for profit and they receive commission and hold something in mortgage for the loan. And there is no obstacle in selling and buying a mortgage while observing religious regulations. INSURANCE #2862. Insurance is an agreement and a contract between the insurer and the institution or the individual who accepts the insurance and this contract, like other contracts, requjres presentation and acceptance and those conditions which are valid in the presentor and the acceptor and the contract in other contracts are also valid in this one, and this contract can be executed in any word and language. #2863. Besides those conditions applicable to other contracts such as that of having attained puberty and sanity and volition and others, there are other conditions essential to insurance. 1. Specifying the subject of insurance as that man or that shop or that ship or automobile or airplane. -386-

2. Specifying the parties in a contract, such as the individuals or institutes or companies or the government, as the case may be. 3. Specifying the amount which must be paid. 4. Specifying the amount of installments and their due dates. S. Specifying the period for insurance, such as the beginning of such and such month for several months or several years. 6. Specifying the dangers which result in a loss such as fires or drowning or theft or death or sickness. And every plight which results in a loss can be a subject of agreement. #2864. It is not necessary to indicate the amount of loss in the insurance agreement. Thus, if it is agreed to compensate for whatever amount of loss has incurred, it is correct. #286S. There are several manners to the form of the insurance contract. First, that the insured says that I agree to pay a certain amount at a certain date every month, for the compensation that you afford me against a loss resulting from fire or theft at my shop, followed by the acceptance of the other party. Else, the party states I take the responsibility of a loss incurred by your institute due to, for example, fire or theft, if you pay me a certain amount. And all these points mentioned in the previous problem must be specified and put into the agreement. #2866. It appears that all kinds of insurance are correct when the above-mentioned conditions are adhered to, whether it is life insurance or that of commercial articles or buildings or ships or airplanes or insurance of government employees or institutes or insuring the inhabitants of a village or a city. And insurance is an·independent contract and can be executed as part of other contracts such as that of peace making (compromise).

LOTI'ERY #2867. The buying and selling of lottery tickets which are customarily sold at a certain price and after drawing lots a certain amount of money is paid to the person to whom the lot fell upon is not acceptable and is void and the money paid for the ticket is unlawful and the receiver is responsible and the proceedings accrued from the lottery is unlawful and the receiving individual is responsible to those who are the real owners of that amount. #2868. It makes no difference in the unlawfulness of the money for the ticket whether the latter is purchased or is received and money is paid -387-

with the hope that the lot will fall upon them. In both cases the money for the ticket is unlawful and the money obtained through the lottery is unlawful and a cause of responsibility. #2869. Recently they have changed the name of the lottery ticket and they are given under the name of National Assistance tickets but the act is the same and since the lottery tickets were subject to difficulties and a multitude was avoiding their purchase the profit seekers changed the name to fool that group. However, there is no difference in practice and hence it does not become lawful by changing the name, and the money for the ticket and the money from the lottery are unlawful and are causes for responsibility.

lf2810. Supposing that a company or institution comes and issues tickets in order to assist charitable institutions, such as a hospital or Islamic schools, and people, too, pay an amount in order to assist those institutions; there is no obstacle if the company gives an amount to those whose names are drawn up from its own assets or from the funds obtained by issuance of tickets, with the permission of all who had paid money. However, this is a mere supposition and the tickets that are being sold and the lotteries that are being held are not conducted in that manner and the money for the ticket and that of the lottery are unlawful. #2871. The money that reaches the companies and the lottery money that people get are of unknown ownership and they must be retumed to the owner if they can be traced and if not they must be given to charities on behalf of the owners and it is a necessary caution that the permission of a fully qualified Expert be obtained and give to charities. #2872. If the person who gets the money is indigent he cannot take it as charity from its owner and must give it to the poor, as a necessary caution; further, it is not devoid of strength.

lf2813. When one obtains a large asset from the lottery and enters into an agreement with an indigent and gives it to him as charity and the latter takes a certain amount from it and gives the rest back to him it is not acceptable and it does not become lawful if he wants to make it lawful with such a trick (deceit). But if he gives it to a poor without conditions and stipulations and the poor willingly returns to him what is suitable for his state, there is no concern.

INSEMINATION #2874. There is no concern in introducing a man's semen into the -388-

uterus of his wife with the use of devices like suction pumps. However, the unlawful preliminaries must be avoided. Thus, there is no concern if a man performs the act himself with the consent of the wife and obtains his own semen in a lawful manner. 112875. If the man's semen is entered into the uterus of his wife, either lawfully or unlawfully, and a child is produced from it there is no concern since the child belongs to the man and the woman and is subject to all the precepts concerning a child. 112876. It is not acceptable to introduce a stranger's semen into the uterus of a stranger woman, either with or without the woman's permission, whether or not she has a husband or permission from her husband. 112877. When a man's semen is introduced into the uterus of a stranger woman and it became evident that the child is from that semen there is no concern, in case there is a doubt about the act, such as if the man was thinking that it was his wife and the woman that it was her husband's semen and it became known later that it was not, since the child is religiously from that man and woman and is subject to all filial precepts. However, if it was done knowingly and purposefully there is a concern and caution must be observed in all matters. However, there is no concern since if the child is a girl the father cannot take her as a wife and if it is a boy he cannot marry his mother and the girl cannot marry her intimates if contracted correctly and a boy cannot marry his intimates. However, in all other matters they must observe caution.

DISSECTION AND GRAFfiNG 112878. A Moslem's corpse may not be dissected and when such is done it is unlawful and to sever his head and his other members calls for mulct which I have mentioned in the book ''Tahrir al-vasileh''. However, dissecting the corpse of a non-Moslem is acceptable and there is no punishment whether he is of those who pay tribute (protected) or not. 112879. Whenever it is possible to dissect a non-Moslem dissecting a Moslem is not acceptable for learning medical matters even if protecting the life of a Moslem, or that of a group of Moslems, depends on it. And if they dissect a Moslem when it is possible to dissect a non-Moslem they have committed a sin and are subject to mulct. 112880. When protecting the ·life of a Moslem, or that of a group of Moslems, depends on dissecting a corpse and there is no possibility of dissecting a non-Moslem it is acceptable to dissect a Moslem. However, -389-

to dissect for the purpose of learning, without the dependence of the life of a Moslem on that, is not acceptable and is a cause for mulct. #2881. In a situation in which the protection of Moslem's lives depends on dissecting a Moslem it is not farfetched that it may not involve mulct, although a mulct is closer to caution. #2882. When the preservation of a Moslem's life rests on grafting an organ to him from a dead Moslem severing that organ and grafting it are acceptable and it is not farfetched that it involves mulct, and whether the mulct is upon the severer or the sick is a matter of concern. However, the doctor may enter into an agreement with the patient indicating that he pays the mulct. And if preserving a member of a Moslem requires severing a dead person's member it is not farfetched not to be acceptable and involve mulct in case it is severed. But apparently there is no mulct if the dead gave his permission while still alive. However, there is difficulty regarding its religious warrant and if he himself did not give permission his guardians may not do so after his death and the severer's mulct will not be dropped and he is a sinner. #2883. Severing the members of a non-Moslem corpse for the purpose of grafting is not unlawful and entails no mulct. However, if grafted, difficulty arises in its uncleanness as well as that of being from a corpse, with regards to praying. If there should be a difficulty [in the presence] of a human corpse during prayer it would also apply to a Moslem's corpse. And the difficulty of its being unclean exists if it was severed before the bath [of the dead]. However, it can be said that if the corpse's member becomes alive after grafting it is no more a dead's member and becomes a member of a living person, and it is neither unclean nor of a corpse. Further, if a member of an animal which is unclean in substance is grafted and it becomes alive from the life of the person it exits from the membership of that animal and enters into the membership of human. #2884. If we considered the severing of a member after death as acceptable it is not farfetched that its sale during life is acceptable and one may sell his organs (members) for grafting in those situations that severing is acceptable. Further, a warrant for selling the entire body for the purpose of dissection, in acceptable situations, is not too farfetched, although it is not free from difficulty. But there is no obstacle in asking for some money when giving permission as it relates to a warrant.

#288S. Profiting from blood, other than in eating, and selling it for lawful profit is acceptable. Therefore, what is now customary in selling

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blood for use by the sick and the injured is free from obstacles. And it is better that they compromise, or receive money for the right of exclusiveness or in lieu of permission for blood-letting, which are free from difficulty and preferable. Further, this caution must not be abandoned as much as possible. However, there is difficulty if blood-letting is harmful to the owner of the blood particularly if the harm is gross and excessive. #2886. It is acceptable to transfuse the blood of a person's body to the body of another person using other devices and to determine its weight with the scales that are available to them and to receive its worth. And it is acceptable to transfuse it in a compromising manner and with ignorance of the weight. And it is preferable to receive money in lieu of permission for transfusion and, as mentioned before, this caution must not be abandoned as much as possbile. END

#2887. Sheep and other animals that are slaughtered by the factories and the machines, which have recently been· established in some cities, are unlawful and unclean and corpses and buying and selling them is not acceptable and the seller is responsible for the buyer's money, whether or not a Moslem turns on the electric switch and mentions God's name and faces the kiblah and cuts the throat; much less if these matters are not observed. But the meats sold in the Moslem bazaar and are likely to have been slaughtered in a religious manner are lawful and buying and selling it is acceptable. #2888. The beheaded meats or birds when brought in from the lands of infidels are condemned to uncleanness and of being unlawful and corpses, unless their religious slaughter is proven. #2889. Radio and television have lawful intellectual benefits as well as unlawful benefits, from the point of view of Islam. Their lawful benefits are acceptable such as the news and the sermons over the radio and showing lawful things for education, or the showing of articles and of aquatic and terrestrial wonders of creation on television. However, unlawful things such as broadcasts of songs and music and propagation of such unlawfuls as counter-Islamic laws and the extolling of a traitor and a tyrant and spreading the voids and the presentation of those things which corrupt a society's morals and shakes their beliefs are unlawful and [it] is a sin. #2890. Since the use of these instruments in an unlawful manner is widespread and prevalent such that their lawful use is almost unattainable

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I do not permit their selling and buying except for those who do not use them unlawfully at all and do not permit their non-religious use by others, either. IN THE NAME OF GOD, THE COMPASSIONATE, THE MERCIFUL #2891. If a person wants to borrow some money and pay usury (interest) or lend some money and receive usury and intends to escape usury by one of the methods mentioned in some practical treatises it is not acceptable. And the excess he receives will not become lawful for him. Therefore, loan-usury is not lawful in any manner, whatever. #2892. A loan in which usury is agreed upon is correct but the condition and the agreement are void, and, in addition to its invalidity, stipulation for an excess is unlawful as well. #2893. For those who want to borrow from banks and others and the lender does not lend without usury (interest) it is acceptable to acknowledge the principal of the loan and not to acknowledge the condition really and seriously. And when acknowledging without seriousness and without genuine intention that feigned agreement is not unlawful. Thus, the principal of the loan is correct and the condition is void, neither have they committed an unlawful. #2894. If they give some money to a bank or to others and the bank gives them usury it is not acceptable even though there had been no agreement between them. But if the borrower gives something free it is not unlawful and taking it is acceptable. #2895. In a transaction involving the exchange of something with something like it, if their prices differ and they want to escape from a like for like deal- and not from the excess - deceit is acceptable. For example, if one kilogram of good wheat is worth two kilograms of bad wheat and they want to give one kilo of the good and get two kilos of the bad it is, in this case, acceptable to add something and thereby escape from a like for like purchase. #2896. If they want to exchange something for something like it and get usury by deceit, it is not acceptable. For example, when exchanging one kharvar [300 kilograms] of wheat worth half of that of two kharvars with two kharvars of wheat, to be delivered six months hence, the excess is usurious and will not become correct by adding something to it, and the deal is not only unlawful but void; unlike the situation in borrowing -392-

in which the loan is correct and the condition is void, here the deal itself is void. lf2897. From the previous problem it becomes evident that deceit is used when they want to escape from a like for like deal without the presence of a price differential and usury. But in those cases in which they want to receive usury deceit is not acceptable and if something otherwise is mentioned in some of the practical treatises of this person, it is not correct.

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NEW QUESTIONS FROM HIS HOLINESS GRAND AYATOLLAH SAYYED RUHOLLAH MOUSAVI KHOMEINI PRECEPTS Problems consisting of various subjects brought forward to the sacred presence of His Holiness Grand Ayatollah, Sayyed Ruhollah Moosavi Khomeini, may his blessings be lasting, and are not found in practical treatises. ON IMITATION QUESTION 1: In Your Sign of Godhood's edictal treatises there are phrases such as "It is not farfetched", "it is not devoid of closeness", "it is not devoid of merit". Do these mean edicts (fotva), or not? And when after a decree "do not abandon caution" is advised, is the caution obligatory? ANSWER: The above interpretations are in the position of stating the decree unless there is contrarious context in between. And the phrase "do not abandon caution" mentioned after stating a decree is to emphatically state the virtues of caution. Q2: The imitation of most faithfuls is devoid of search and recognition of the most knowledgeable. For example, a missionary enters a village in the blessed month of Ramazan and tells the people of the decree of an authority, or he will formally introduce him to the people, and the people accept those from him because of their goodwill. Are these sorts of imitations beneficial, or not, and is their awakening necessary as to what is the duty? Or, is it that since they are imitating one who is not a most knowledgeable, but is not known to be contrary to the decree of the most knowledgeable, there is no concern? A: A religious decree must be stated, however informing people individually is not necessary, and imitation is not correct when it is not done according to religious rules. ON ABLUTION Q3: If one practices ablution before the time for prayer is that correct for the prayer or not, and if it is, is there a difference as to whether the time for prayer is near or not? A: His ablution is correct and ablution before and after the time is recommended.

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ON MOSQUES Q4: What is the verdict on leaving the dead in a mosque before and after the bath and on washing and bathing the dead in the mosque's court? A: There is no obstacle in putting the dead in the mosque prior to bathing if it does not cause spread of uncleanliness and dishonor the mosque, and it is of no concern after the bath. And if the mosque's court is not a mosque there is no concern in washing and bathing the dead in there if it is not contrary to the endowment and does not result in dishonoring. ON THE TIME OF PRAYER AND FASTING QS: On those nights in which the moon shines until morning if a person is certain of the arrival of the real sunrise can he lay the morning prayer or must he wait until morning's whitening becomes evident to the senses? And what is his duty in regards of withholding for the fast of the month of Ramazan? And in case the time for prayer is from the onset of the whitening's arrival, on those nights which are cloudy or in those cities that electric lighting is so intense that one must wait a lot for the arrival of the whitening, if he waits for 10 minutes after the assured sunrise, is that the time for the morning prayer or not? A: The necessary caution for him on those nights with moonlight is to wait until the arrival of the morning's whitening in the horizon and its conquering the moon's light; further, that is not meritless. And this rule does not hold for electric lighting nor for cloudy nights. And in fasting they must exercise caution on those nights with moonlight even though it is not farfetched that it is not necessary to withhold earlier than what has been mentioned. SOME OF THE PROBLEMS OF .PRAYER Q6: A person who, for example, engages in afternoon prayer and dur-

ing it imagines that he is laying the noon prayer and lays a part of the prayer with that imagination and before finishing the prayer remembers that it was an afternoon prayer and.he had originally intended an afternoon prayer; is his prayer correct? And what is his duty if he remembers it after he finished the prayer? A: The prayer is condemned to be correct and there is no difference between that of the middle and that which follows the end.

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Q7: Is it or is it not acceptable for a person, who while standing doubts between first and second, to finish the reading while still in doubt and repose (to resolve the doubt) when he goes into flexion? Similarly, in the acts, for example in prostration, if one doubts whether he is in the first or second prostration, is it or is it not acceptable that he says the prostration's invocation while still in doubt and repose after sitting up? A: He must repose as the doubt is arising and if he does not and continues the act, with the idea that he will later repose and learn the duty, the correctness of what he did while in doubt and in ignorance of his duty is a matter of concern. PRECEPTS OF PRAYER Q8: Is the Friday prayer, during the absence [of Imam], innateobligatory or optional-obligatory and is it enough as a noon prayer? And if it is not enough and there is need for repeating a noon is it acceptable to imitate the evening [prayer] after an imam who considers it obligatory, or the evening must also be repeated in case of imitation? A: It is an optional-obligatory and caution in repeating the noon is recommended and he can imitate the afternoon [one]. Q9: What is the duty of a person who is responsible for practicing a prostration of error and who has forgotten it until he has entered the prayer and took notice of it during the prayer? A: It is necessary that he finishes the prayer if it is one that is duly (practiced) and then practice the prostration immediately afterwards. PROBLEMS OF FASTING Q10: For a boy who has not fasted the month of Ramazan on the supposition that puberty is reached when a boy is 15 solar years of age and later it becomes known that he had finished 15 lunar years of age before the month of Ramazan, is expiation also necessary, or not? A: Expiation is not obligatory but he must make up for those. Qll: What must those children who have reached puberty, or those youngsters for whom fasting is difficult because of excessive weakness, do? A: Weakness from fasting is not a license for abandoning fasting unless there is a sin [excuse) involved and he must be content with obviating necessities and make up for it.

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SOME OF THE PRECEPTS OF FASTING Q12: Is the decree for a person who journeys from his place on a day of the month of Ramazan and returns before noon on the same day, without breaking his fast, the same as that of traveller who reaches his town before noon or is there a different judgement? A: Assuming that he did not eat a fast-breaker until he returned to his home town a solemn intention for fasting is necessary and he should eschew and the fast is correct. Q13: When a person breaks his fast purposely and practices in the daytime a bath by dipping is his bath correct or not? A: The correctness of a bath by dipping is difficult and it is preferably abandoned. Q14: Those who are addicted to smoking opium and cannot leave it nor can they practice fasting in this state, be it a duly (ada) or a compensatory, are these people like the sick who must expiate for each fasting by paying a mod or are they subject to a different decree? A: It is obligatory for him to practice fasting and, assuming his helplessness in smoking opium, smoking it is acceptable while fasting to an amount enough to ward off the distress. SOME OF THE PRECEPTS OF PUBLIC PRAYER Q15: The text of Your Sign of Godhood's A Clarification of Questions, regarding a person who stands behind a column in public prayer, indicates the presence of a concern in his prayer if he is not linked from the front. Is his prayer still fraught with concern if he is linked from either of his sides and he can see the front row as well? A: As a necessary caution he must be connected from the front. Q16: In the state of tajafP in public prayer, may a follower sit quietly or must he say the witnessing or a doxology as an optional-obligatory? Also, will it or will it not harm a person's public prayer if he abandons tajafi purposely or because of ignorance or due to error? A: Invocation and doxology are not necessary but it is necessary that he practices tajafi and if he does not his public or his prayer will not be void. (2Tajafi means that while the imam of public is reading the witnessing the follower places his hands on the ground and raises his knees and sits up half standing.) Q17: Formerly you would not bade the two festivity (Fitr and -397-

Sacrifice) prayers to be held in public. Recently it has been heard that 'you have bade their practicing. Is it correct? A: It is an obligatory caution that they not be laid in public unless with the intention of hope. Yes, there is no obstacle in practicing it in public when it is held by a just jurisprudent (faghih). PRECEPTS OF PRAYER AND FASTING OF A TRAVELLER Q18: What is the prayer and fasting duty of those who work as coffeemakers in airplanes or trains and at times stay in their home town for 10 days or more? A: If he is counted among the workers of a train and airplane his prayer is complete and he is obligated to fast and if not he is like a traveller, while on a journey. Q19: What are the duties of a person, in regards to prayer and fasting, who goes on a journey two or three times a year each lasting three or four months and stays at home the rest of the year? A: If his journey is not a job it is curtailed while on a journey. Q20: What are the prayer and fasting duties of a shepherd who nine months a year goes with sheep without staying anywhere for 10 days and stays at home for the three months of winter? A: While he is working as a shepherd it is complete even if he goes away by an amount equal to that of a religious trip. Q21: The students of Ghom who have stayed there intending an undetermined duration, does their intention of stay become invalid if they go on a trip once a week or is it that their prayer is complete because it is counted as their home town since their intended length of stay was undetermined? A: It is not counted as their home town and their prayer is curtailed unless they intended to stay. Q22: Is the meaning of "aversion to one's town" is that one no longer plans to stay there permanently or that he entirely loses his interest and sells all his properties? A: An aversion for staying is enough and it is not necessary that he . sells his property. However, it must be based on no return. SOME OF mE PRECEPTS OF A TRAVELLER'S PRAYER Q23: What are the prayer and fasting duties of those whose job is not -398-

travelling but, like those who teach in a place, frequent daily between their place of residence to the other place for a distance amounting to the religious distance, or do that without staying there for a 10 day period? And is there a difference between prayer and fasting? A: Their prayer is curtailed and they cannot fast and there is no difference between prayer and fasting but they must not postpone the compensatory for the year's fast further than next year's Ramazan. Q24: A person who is employed for the repair of electricity and telephone wires between cities and who must daily go to the desert looking for wires which might have been damaged and goes out with the intention of the distance or more, is his prayer short or complete? A: As posed in the question, travelling is reckoned as the job. Q25: What are the prayer and fasting duties of those who are employed by the blood office [Transfusion Center] and by the order of their superiors are on the move daily for getting blood from people and giving blood? A: If the act is conducted as hawking it is subject to the rules for a traveller while on the trip. Q26: A person is employed for road repair and must go to the desert daily for the repair of damages and hence will travel up to the distance or more. Is his prayer short or complete? A: As posed in the question, the prayer is a short one unless he has no intention for the distance at the outset of his move, rather than he gradually nears the distance while doing the job in which case the prayer is complete.

A TRAVELLER'S PRAYER Q27: For theology students who have come from other cities to, for example, Ghom and are studying there and have made no decision regarding staying there permanently, is Ghom considered their country [home town] and what is their duty while they are studying if they have made the decision to go back to their place or to another place after they are done with their education? A: With the intention for returning they are burdened with the command for travellers and in case of vacillating between staying and residing they are burdened with the command for home town if their stay is long enough for them to be commonly counted as residents of that place, else they are considered as travellers.

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Q28: A person has a steady job in government offices and his job is that of a driver for a day or two, meaning that he stays at his town for two days and is engaged as a driver travelling for a day or two; is his prayer short or complete, 'Yhile he is travelling? A: If driving while on the trip is such that it is counted as his job his prayer is complete. · Q29: What is the prayer and fasting duty of a teacher who travels for teaching for six days and returns home for one day? A: While travelling his prayer is short and he must not fast unless he leaves home in the afternoon, and at home his prayer is complete and he must fast. Q30: A'teacher is commissioned to teach for three years in a village and he travels to a city, which is not his home town, every Thursday night. What is his duty in regards to prayers and fasting? A: His prayer is short when out of his home town and he must not fast. However, as a necessary caution, postponement of compensatory fasting of each year beyond the next Ramazan is not acceptable.

SOME FIFI'H (XHOMS) PROBLEMS Q31: In the case of a person to whom people owe certain amounts, due by the beginning of his Fifth-year, but who does not demand remittance because of bashfulness or procrastination, or that he demands payment but the debtors do not pay until the year is gone and he finally receives payment the next year, is that part reckoned as income for the previous year or as that of the year of collection? A: If it is collectable by calling without an intervening encumbrance it is necessary that the Fifth be paid at the beginning of each year even though he may have called the account and had not received anything. And if calling the account involves an encumbrance and it will not be collected with a call, or that presently it will not be collected despite demanding it, it will be counted as income for the year in which it is collected. Q32. In the case of a person who buys land from his earnings for commerce and the price rises every year and he sells it after several years; is the payment of Fifth on the selling price sufficient (as the discharge of Fifth) or must he calculate and, in addition to the Fifth of the selling price, give the price rise of the frrst year's remaining 4/S in the beginning of the second year and, similarly, the Fifth of the price rise of the already taxed in the third year---and, in short, in the first year the Fifth of the -400-

land belongs to Fifth-eligibles and the price rise goes to the owner himself and in the second year Fifth-eligibles get equivalent to the Fifth of the price rise of the remainder and the price rise goes to the owner himself, and so on for every year'? A: He must pay Fifth yearly and if he does not he is counted as a partner in the amount of share. Q33: Does the situation mentioned regarding the escalating prices also apply to the growth of the trees which are planted or purchased for commerce and are cut after several years, or not'? A: It applies.

PRECEPTS OF FIFTH Q34: Is it or is it not acceptable for a person, who himself is allowed to give the Masters' share, to give something to a Master as a gift and present, if he wants to do so'? A: If the gift is from his own property there is no obstacle but it is not counted as Masters' share. Q35: A person has two kinds of money in a bank booklet [savings account], one after Fifth and the other before Fifth. Can he designate, by intention, whether he wants to get the taxed money or the other kind, when he is withdrawing'? A: As posed in the question there is no determination by intention. Q36: It has come in the practical treatises of Your Holiness Sign of Godhood that "whenever he buys an article with a property which has been taxed [Fifth], or with an asset which is not subject to Fifth, not for engaging in commerce with it and with the rise of its price nor given to a person as inheritance, and later on its price rises and it is sold, the price rise is not subject to Fifth". Nevertheless, at times the opposite is narrated from your Supreme Holiness. Has a change occurred in your blessed view'? A: After the sale he must pay the Fifth of the excess after [defraying] yearly expenses in the beginning of the year. Q37: In a decree attributed to Your Holiness Sacred Sign of Godhood it has come that "whenever a person buys yearly expenses and sells it after the passing of one year he must pay its Fifth immediately". Your bidding is requested, first, as to whether the rule pertains exclusively to the price of purchase and that the amount over that of the purchase is a new profit and is included in the income of the year of sale, or that

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the payment of Fifth of the profit is also immediately obligatory? Second, does that decree pertain exclusively to the yearly expenses bought from the year's profit or does it also apply to [expenses purchased with] money already taxed [Fifth] or that which was inherited? A: Problem #1: When he provides something for expenses from the yearly profit and sells· it the next year it is obligatory to pay its Fifth immediately and if there was profrt in the sale the gain is included in the income of the year in which it happened. Problem #2: Things purchased from a property which has been taxed [Fifth] or which was inherited or from an asset which does not belong to Fifth are not subject to Fifth unless he sells the thing for profit in which case the profit is subject to Fifth. Q38: In regards to yearly expenses which are purchased from earnings and sold after the Fifth year• you have bidden that the Fifth must be paid, whereas concerning a thing which is no longer an expense, such as the ornaments of women, you have bidden obligatory caution. Is it also a matter of caution in this situation too? (*From the Fifth year it is meant the time at which a person attends to his accounts, according to religious standards, each year.) A: In either situation Fifth is obligatory whenever it comes out of yearly expenses form. Q39: Are those receivables that one is owed to by people at the onset of his Fifth year, and he is certain of their return albeit that they are long term ar1d are due in the coming year, counted as income and asset of the current year? A: As posed in the question they are counted as the income of the year in which they are received.

Q40: May an individual change the onset of his Fifth year, and how? A: He may change the year provided that he pays the Fifth up to the present.

Q41: Is the money that a Moslem gets for shaving faces lawful or

unlawful? And in case it is unlawful and is mixed with his lawful money and he wants to pay the Fifth of his assets must he pay the Fifth twice or not? A: Most cautiously, a deal involving money from wages of shaving beards becomes unlawful, and in the case of its mixture, payment of Fifth is closer to caution and there is a separate Fifth due for the lawful money gained from business and belonging to Fifth, and the arrangement of each is written in the book, Vasileh. [see Preface]

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Q42: In your blessed view, has a person acted correctly if at the end of each year he figured out what has remained for him, such as if he paid only the Fifth for 500 tomans when left with 1000 tomans worth of cash and commodity and 500 tomans debts. And are the remainder and indebtedness tallied against the yearly expenses or only the payment of indebtedness before the year's end is included in the expenses? A: If the above-mentioned loan was for expenses during the year it must be excluded even if it is not yet paid, but in other loans they are not [among) expenses until paid and he must pay Fifth. Q43: He vows a specified sheep to be spent in a charitable way at a certain time but his Fifth year ends before that time is reached. Must he pay the Fifth of that sheep or not? A: It has no Fifth. Q44: Those who are employed in government offices and institutes have a certain amount of their salaries deducted for retirement by their respective offices and institutes and are paid a certain amount monthly, after their retirement, from the above-mentioned amount. Is the deducted amount which is currently being paid subject to Fifth or not? And if assuming the obligation for Fifth, is paying the latter obligatory at once or are they to be included in the profits of the year in which he. was paid? A: There is Fifth for what was received in a year, on the excess of the year end's expenses. Q45: A person gives 5000 tomans to a property owner as goodwill in order to rent the property from him. Must the tenant, who pays the goodwill amount from his yearly earnings, pay its Fifth or is that considered among business expenses (such as the rent of a shop) and is not subject to Fifth? A: He must pay Fifth for the money he paid as goodwill and is from the business earnings. Q46: Does the amount given to an owner who is paid goodwill considered a gift and hence not subject to Fifth or is it among earnings and liable to Fifth? A: The amount of goodwill is also among earnings and liable to the Fifth. Q47: Is a ride procured from business profits for commuting to his place of commerce or farm or shop or place of work, without carrying

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any commerical commodity, subject to Fifth? A: He must pay its Fifth. Q48: A person has a factory or an automobile or other tools of business which were purchased at a price and solely constitutes his capital and has worn out and undergone a reduction in price but he nevertheless works with that tool and makes a living with it, can he deduct the depreciation of that tool froni his profit at the year's end and make up for it and pay Fifth on the remaining profit or must he pay Fifth on the entire profit which is left for him by the year's end? A: Degrading and depreciation of business tools, which result in price reduction, while engaged in profit making, are excluded from income and one must pay Fifth on the remainder. Q49: If one bought land on credit and at the time of transaction paid no attention to the money with which he will pay the price and after the deal was made he paid the price from his business profits and before the end of that year; now that after several years the price of the land had increased, must he pay Fifth based on its value or is a Fifth based on the purchase price sufficient? A: At year's end he must pay the land's Fifth according to its current price and the Fifth of the price rise after the payment of Fifth becomes obligatory when the land is sold. QSO: There is a person whose male and female children, both those who have reached puberty and those who are minors, work and he gets all their wages to spend for living and he procures an orchard and a house and capital from whatever remains after the expenses. Now, after several years, what is the duty regarding what remained after the expenses when those children who have reached puberty did not leave their wages to the father as a gift or loan or trust,' meaning that they gave it no name? A: If he spent for living from the commonwealth with the consent of those who had reached puberty, and by guardianship from those who had not reached puberty, and spent the rest on procuring an orchard and capital, the adult and minor children are partners in the orchard and capital and each responsible for the Fifth of his own share. And regarding the procurement of the house it is not subject to the Fifth if purchased from the yearly expenses, else it is subject to the rule for orchard and capital. Q51: If he has paid some amount as Fifth and has spent an amount, part borrowed and part from business profits, for restoring land and he

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does not know how much he spent for each: now, in order to make a compromise at a price, must he take into account the land's value or the amount which he has spent? A: He excludes that amount of money, other than profit, which he spent and the rest, from the present price of the land, must be taxed (Fifth) after the loan is paid. Q52: If one buys land for building a house from business income and could not build it for several years, is it's Fifth obligatory or not? A: It is not obligatory as long as the intention is to build a house but he must give Fifth if he changes his mind. Q53: If a problem solver (masa'leh-goo) or one who is licensed in reviewing accounting affairs* makes a mistake in annuciating a problem and a sheep was slaughtered contrary to religious rules, or obtained Fifth or alms from people by an amount more than their liability, and used them and the fault was discovered later, is he responsible or not? (* Accounting affairs are those works which must be undertaken by a just Expert or must be done with his permission, such as investigating the assets of orphans.) A: He is responsible. Q54: A religious speaker frequently goes [gives] free manbar(s) [a mullah's tall chair in a mosque], and he does not care if he is paid money for it, but knows that some of the hosts of gatherings or inhabitants of villages will give him unknown amounts. This kind of money exceeds his yearly expenses; will it be subject to Fifth or not? A: He must pay their Fifth.

QSS: If one sold his residence to buy another one at some other place and puts the money in a business for several months and gained a profit and bought a house before the year's end what would be his duty for Fifth, as it relates to the original money and the profit? A: He must pay Fifth on all. Q56: In the case of property which he inherited with a specified worth and was sold at a higher price some years later, is the Fifth on the excess obligatory or not? A: Payment of Fifth is closer to caution, moreover it is not devoid of strength. Q57: When his capital has diminished but a portion of the provisions purchased from the year's profit remains, is their Fifth obligatory or not?

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A: There is no Fifth if the remainder equals or is less than the loss; Q58: What is your blessed view in regards to the share of the Imam (salutations to Him) and the share of the Masters? Shall it be given to Your Holiness or the announced special representatives, or be spent with their permission, or is payment to others also authorized? A: It must be given to the source of imitation or be spent with his permission. Q59. There are those who have owed Fifth and have not yet paid it and cannot pay now or it is very difficult for them, what is to be done? A: He must pay the debt even though gradually and if he cannot afford he must wait until he can pay and there is no acquittance of the payment of debt. Q60: What is the duty of the neighbors and family of those who have not and do not pay Fifth? A: Observing the conditions of ordering the lawful, they must command him to the lawful and they cannot take charge of the property which they know belongs to the Fifth and its Fifth has not been paid. Q61: In the case of a youth who knows that he will take a wife five years hence and will need a house and provides himself with a house from the income of those five years, is its Fifth obligatory or not? A: There will be no Fifth if he cannot provide a house when he needs one acd [that he] must slowly provide those things which are necessary for it, and if he accumulates the money he must pay the Fifth of the past years.

SOME PRECEPTS OF RAJ Q62: There is a person who has an orchard that has not produced income for several years but price wise it was enough for a Haj trip and the owner has civil [vis-a-vis religious] confidence that by the time the orchard comes to fruit he will have become disabled and must live off the income from the orchard. Is such a person financially obligated to practice Haj?

k He is not obligated if he has no means of sustenance other than the income from the orchard. Q63: What must be done if one was hired for a deputational Haj and one himself became financially able in that year? A: He must practice the deputational Haj.

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Q64: Does a person who is religiously rich and is making a living become financially obligated to practice Haj because of money from a house, if he sells his residence with the intention of changing it for a better house, and while it is possible for him to live in a rented house? Or is he not financially obligated and can buy a house? A: He is financially obligated if the conditions for affordability are at hand and he does not need a privately owned house. Q65. Is the first of Shaval the beginning of the year of financial affordability for Haj? And may the religiously accountable person lawfully spend his money for other matters, if he achieves the financial strength prior to the months of Shaval, and thus become no longer obligated to practice Haj? Or is it that the year of affordability extends beyond the Haj days and onto the next year and it is not acceptable to bring oneself out of the financial strength? A: When the financial means is at handand bodily strength and other conditions exists, he cannot bring himself out of strength even in the beginning of the year.

PRECEPTS OF HAJ Q66: In regards to those who headed caravans and were in charge of the affairs of Haj in previous years and in recent times are forcibly placed under certain conditions by the Endowment Office, what is the situation of the Haj trip for these overseers and what is the rule on those individuals who are chosen by the caravanners on their own and with the permission of the Endowment Office, be they from the clergy and workers? A: There is no obstacle if the organization does not interfere with the affairs related to the duty nor they demand from them spreading a falsehood.

SOME PRECEPTS OF ENDOWMENT Q67: When an endowed village, because of its expansion, finds a need for building a bathhouse and mosque and school and street, to be built at its pre-expansion location, is it acceptable that these be established from the property's income? A: It is not acceptable. Q68: In the case of a farm whose income was endowed for the annunciation of His Holiness Master of Martyrs' mournings, is it acceptable to -407-

expediently spend some of its income for expanding that farm and planting trees, or not? A: It is not acceptable. Q69: An endowed village totally perished as a result of a drought and became uninhabited and its dwellers scattered and after some years water became abundant arid someone revived it by his own money, does he · become an owner or not? A: The village remains an endowment and the developer does not become its owner. Q70: Is it possible to endow a place for a 10 year period for a mosque such that afterwards it returns to the ownership of the endower or his heirs? A: It does not become a mosque. Q71: A place which was built and endowed as a village public drinking spot (sagha khaneh) or a bathhouse has fallen into ruins for many years, and there is no hope for its construction and use according to the endowment, because of availability of water and a new bathhouse. Would you now bid permission that such ruins become part of a mosque's court or a Hosseiniyeh or another charitable building, or not? A: If their mending and use for the endowment [purposes] is possible changing and modifying are not acceptable.

PRECEPTS OF ENDOWMENT Q72: In regards to the endowed land and properties which belong to His Holiness Reza (salutations to Him) and Her Holiness Ma'soumeh (salutations to Her) and the other Imams (salutations to them all) and renting them from the current occupants who claim trusteeship, do you bid permission with their contract or must another permission be obtained from the religious ruler and another rent be paid to a fully qualified [religious] jurisprudent? Similarly, concerning employment in the institutions and the related affairs of those endowments and taking charge and receiving wages, like those in other government institutions, do you bid permission or does it need permission from a fully qualified jurisprudent, and other conditions? And, in the first problem, if there is a need for permission from a jurisprudent, in what ways must the second rent be spent? A: Renting the above-mentioned endowments and employment and other changes depends on the views of the special religious trustees and,

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in his absence, on the permission from the religious ruler, and the rental must be spent towards the intended endowment, assuming the correctness of the rent. SOME PRECEPTS OF TRANSACTIONS Q73: What about selling a 700 tomans carpet together with a 1000 tomans (of money), for 2000 tomans six month hence? A: If it is to escape from loan usury it is void. Q74: What about selling a check for 900 tomans for a check for 1000 tomans one month hence? A: If it is to escape from loan usury it is void. Q75: If one bought property with an earnest usurious loan and paid the loan after several years from business profits does he become the owner of the property or not? A: He becomes the property's owner. Q76: An agreement, called promise-letter, is customary between the lords of need [clients] and brokers indicating specified amount to be paid by one of the two parties to the other, in the event that he does not consent to the deal. Are such agreements to be honored or not? A: Honoring it is not necessary. Q77: There is a person who, on behalf of a trustee, built a shop on a property which had been left in the name of a mosque, with an agreement that he himself engages in business in the shop for five years. Now, after five years, to whom will the shop's goodwill belong? A: It belongs to the mosque. SOME BANKING PROBLEMS Q78: Funds are deposited in banks with the intention of safekeeping and not for gaining interest. However, at the time of withdrawal the bank managers give the owner of the fund a small amount, which they have arrived at, in addition to the original money. Is that amount lawful or not? A: If given as interest receiving them is not acceptable even though there had been no agreements. Q79: Government banks pay interest on savings. Is one's vengeful taking of these interests, for taxes or interests that he himself or his relatives forcibly paid to the government or to banks, acceptable or not?

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A: Money's interest is unlawful. However, vengeance for his legally receivable, or that of others on behalf of the owner, is of no concern. Q80: Is paying and receiving interest from banks, without verbal or written agreement, lawful or unlawful'? A: To take it is unlawful if it is called interest, even in the absence of an agreement. Q81: In your blessed view what is the escape route from interest and usury in bank moneys with which most merchants, as well as others, are afflicted'? A: With me it is difficult to escape from usury, rather its unacceptability is strong.

NDSCELLANEOUSPROBLEMS Q82: What about the marriage of a Moslem woman with a Bahai man'? A: Marriage with the astray sect of Bahai is void. [see Appendix II] Q83: Is it or is it not that the retirement salary of civil servants, like that of their bequest, will be divided among all heirs; since according to government laws it is not given to some of the inheritants. A: If it had been taken out of salaries while serving and is paid while in retirement it is counted among the bequest and goes to all heirs and if it is given on behalf of the office itself it goes to whom it is given. Q84~ Are the cooked and packaged fishes imported from the lands of infidels condemned to lawfulness or not'?

A: They are condemned to unlawfulness if it is not known whether they are of the lawful kind and that they were caught alive and died away from water. And they are condemned to lawfulness if it is known that they were caught alive and died away from water even though it is not known whether they are of the kind which is lawful or of that which is unlawful. Problem: The meats that are imported from non-Islamic countries are unlawful and the deals are void and the money from it does not afford fiscal eligibility [e.g. for Haj]. Q85: How about shaving beards with razors or with those machines that, like a razor, cut it from the bottom'? A: To abandon it is an obligatory caution. Q86: It is customary in a zurkhaneh [literally, house of strength] to sound a drum when people are exercising. Is this act acceptable or not'? Similarly, is the drum and music played in the army acceptable or not'?

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A: It is not acceptable if it is suitable for the gatherings of pleasure and debauchery. Q87: To what extent is the obedience to one's father and mother necessary for a child and does the same rule apply for one's male and female ancestors? A: Observing fatherly and motherly compassion, they must obey in those matters the practice of which causes them discomfort and there is no difference between father and mother and ancestors. Q88: Is employment of Moslems in Jewish institutions that are known to assist Israel acceptable or not and what about employment as a daily wage earner when it is not known that they assist [Israel]? A: Employment is not acceptable and their salaries or wages are unlawful and, in a doubtful situation, they should not enter in those institutions. Q89: Are the properties of People of the Book, who live in Islamic countries and who do not act according to the tributary conditions respectable or not? A: They are not burdened with the decree for hostile infidels. Q90: How about playing with gambling instruments but without the intention of winning or losing and only for the sake of playing? A: It is not acceptable. Q91: After prayers it is customary to first salute His Holiness Aba Abdullah [Imam Houssain] (salutations to Him) and then His Holiness Reza (salutations to Him) and His Holiness the Guardian of Time (may our souls be sacrificed for Him). Has there been instruction received to this effect or not and if no instruction has been received is there, in your noble view, a preference? [No answer is recorded.] Q92: Is looking with sexual desire at a person other than one's wife while knowing that one will not fall victim to the unlawful still unlawful? Similarly, for example, looking at animals or a statue or at body's volume while covered? A: Viewing with lust is unlawful and it is closer to caution to abandon lustful viewing of a statue. Q93: Is becoming a member of the society or the homes of justice [legal institutions for resolving domestic issues] acceptable or not? A: They must not participate nor become members. Q94: If one grafts a usurped graft to his own tree, to whom does the -411-

growth and its fruit belong? A: It belongs to the owner of the graft and not to the owner of the tree. Q95: Regarding the Jews and Christians and Zoroastrians who are in Islamic countries and who do not act according to tributary conditions, and there are no tributes at all except that they are in Islamic cities, is that very amount a cause for immunity of their property and honor and blood? A: Yes, that amount is the cause for immunity. Q96: Must the father of those who apprenticeship before they have reached puberty, and whose wages are more than their expenses, keep the major part of their earnings and give it back to them after puberty, or not? A: Keeping and returning it at puberty are obligatory. Q97: There is a woman who wants to continue with her education and later choose a job (a lawful job, of course) but, at the present, continuing education necessitates facing stranger men, such as studying with a man in the university or sitting with ment in the same classroom; is such an education acceptable or not? A: Continuing education in lawful branches is of no concern. However, it is necessary to cover oneself from strangers and to abstain from mingling with them. And if continuation of studies necessitates mingling with strangers and involves religious and moral corruptions she must abandon. Q98: What is the duty of Moslems who work under Jews in an institution that is headed by a Moslem but in which the Jews have influence and hold positions? A: There is no concern if it does not assist Israel. But the act itself and subjugation to this sect is shameful for Moslems and it is at times not acceptable.

Q99: What about the dealings with the Jews by some of the religious and discerning Moslems who want to achieve financial independence by this means such that they gain control of certain commodities? A: There is no concern when they are confident that by that means they can cut their hands from dominating the bazaar of the Moslems. QlOO: In authorizing entry to governmental jobs, is it not sufficient that the entire part of the job, relegated to an individual, consists of

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rising for the interest of Moslems or must he rise for the interest of Moslems in addition to his job? A: The lawfulness of the job of which he undertakes is sufficient for authorizing employment. QlOl: Today's girls and boys, who associate with each other in primary and secondary schools and in the universities and institutions,. intend to issue formula (seegheh) for themselves or [for] their fathers and children, in order that such associations would not be unlawful. Since the Supreme Holiness in the case of a virgin, have bade a father's permission an obligatory caution and in these cases there are many instances that fathers do not consent, or a permission cannot be obtained, would you or would you not bid permission that that caution be dropped and the formula be issued without the guardian's permission? Further, there are certain situations in which a boy and a girl like one another and soliciting the father's permission is difficult due to bashfulness and modesty and other obstacles. Is it acceptable to abandon caution in these situations or not? A: The father's permission may not be dropped rather I consider the father's permission as a conditon, recently, by a decree. Q102: There is an individual who is a driver for one of the companies. Occasionally the driver is forced to take to the city some of the bosses and foreign and non-foreign individuals who drink alcohol or commit other sins. Is it or is it not acceptable for him to stay with the company as it is? A: There is no concern in continuing his work. However, he must avoid carrying people to the centers of mischief and committing sins. And if avoidance is impossible he must abstain from working. Q103: In the case of an apostate such as a Bahai, with properties obtained after apostasy, is dealing and transacting with him acceptable? And are his children, like other sects, considered national apostates and is dealing with him acceptable or not? A: Do not deal with these individuals even though the properties acquired after their becoming apostates are condemned to be theirs and his children before apostasy are considered Moslem unless he pronounces infidelity after puberty in which case he is considered a national apostate and the children after apostasy are like other infidels and are not considered apostates. [see Appendix II] Ql04: The book (office) of marriages has been transferred to an individual after the death of his father and he is engaged in doing registra-413-

tion affairs of marriage and recently, as you are aware, items are being entered in the marriage contracts some of which do not correspond to the standards of the religion; what is the escape route for this matter, and assuming the absence of authorization for incumbency, does it differ according to the individuals and places, or not? A: I do not have accurate information. However, registration of those items which are contrary to the religion is not acceptable and the person in charge must omit them to the extent that is possible.

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INDEX Problem No.

Subject

PRECEPTS OF IMITATION ............................................... 1-14 PRECEPTS OF CLEANING: WATER, ABSOLUTE AND ADDITIVE ............ 15 l. Kor water .................................................. 16-24 2. Small water ................................................ 25-27 3. Running water .............................................. 28-36 4. Rain water ................................................. 37-43 5. Well water ................................................. 44-46 PRECEPTS OF WATERS ...... , .......................................... 47-56 PRECEPTS OF EVACUATION: Urination and Defecation .................... 57-71 Drainage ............................................................ 72-77 Evacuation: Desirables and abominations ................................ 78-82 THE UNCLEANS ....................................................... 83-120 1&2. Urine and stool ............................................. 84-86 3. Semen ........................................................ 87 4. Corpse .................................................... 88-95 5. Blood .................................................... 96-104 6&7. Dog and pig . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 105 8. Infidel ................................................... I06-110 9. Wine .................................................... 111-114 10. Beer ........................................................ 115 11. Sweat of an unlawful ejaculation ............................ 116-119 12. The sweat of a camelthat eats uncleans ........................... 120 Proofoftheuncleans ................................................ 121-124 Ways that clean things become unclean . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125-134 PRECEPTS OF THE UNCLEANS ....................................... 135-147 THE CLEANERS ...................................................... 148-224 l. Water ............................................ ·....... 149-182 2. Earth .................................................... 183-190 3. Sun ..................................................... 191-194 4. Transformation ........................................... 195-201 5. Reduction of grape water by 2/3 ............................. 202-204 6. Transportation ........................................... 205-206 7. Islam .................................................... 207-209 8. Subordination ............................................ 210-215 9. Removalofthesubstanceoftheunclean ...................... 216-219 10. Drainage of the animalthat eats uncleans ......................... 220 11. An absent Moslem ........................................ 221-224 PRECEPTS OF CONTAINERS .......................................... 225-235 ABLUTION ........................................................... 236-260 Ablution by dipping ................................................. 261-263 Benedictions recommended for ablution ................................... 264 Conditions for ablution .............................................. 265-298 Precepts of Ablution ................................................ 299-315 Things for which one must practice ablution ............................ 316-322 Things that void an ablution ............................................. 323 Precepts of ablution with splint ....................................... 324-344 THE OBLIGATORY BATHS PRECEPTS OF EJACULATION ......................................... 345-354 Things that are unlawful for an ejaculator .................................. 355

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Subject

Problem No.

Things that are loathesome for an ejaculator ................................ 356 The bath of ejaculation .............................................. 357-360 The sequential bath ................................................. 361-366 Bath by dipping (submersion) ......•.................................. 367-371 PRECEPTS OF BATHING .............................................. 372-391 UNDUE BLEEDING ... ·.•.....•........................................ 392-393 PRECEPTS OF UNDUE BLEEDING ...................................... 394-433 MENSTRUATION ..................................................... 434-449 Precepts of the menustruating woman .................................. 450-477 Kinds of menstruating women ......................................... 478-499 I. Those with definite timing and number ....................... 479-486 2. Those with definitetiming .................................. 487-491 3. Those with definite number ................................. 492-493 4. The anxious woman ....................................... 494-495 5. The beginner .•........................................... 496-498 6. The forgetful .......................................... ·....... 499 MISCELLANEOUS PROBLEMS OF MENSTRUATION .................... 500-507 CHILDBIRTH ..........•..•........................................... 508-520 THEBATHOFTOUCHINGTHEDEAD ................................. 521-532 PRECEPTS OF THE MORIBUND ....................................... 533-540 PRECEPTSOFTHEAFTERDEATH(DYING) ........................... 541-643 PRECEPTS OF DEAD'S BATHING AND SHROUDING, PRAYING AND BURYING ......................................... 542-549 PRECEPTS OF BATHING THE DEAD ................................... 550-569 PRECEPTS OF SHROUDING THE DEAD ....................•..•........ 570-584 PRECEPTS OF EMBALMING (CAMPHORATING) ......•................ 585-593 PRECEPTS OF PRAYER OF THE DEAD ................•................ 594-607 Instructions for prayer of the dead ..................................... 608-610 The.desirables of prayer of the dead .• , .•••••••...••••••••.••••••.••••. 611-612 PRECEPTS OF BURYING .............................................. 613-627 The desirables of burying ............................................ 628-637 The prayer of fright ................•................................ 638-640 Exhumation ....... _..............................•.......•......... 641-643 THE RECOMMENDED BATHS ......................................... 644-647 EARTH-RUBBING •.•..•.••.........................•..•..•..•........ 648-683 The second ofsituations for earth-rubbing •........•.......•............ 664-668 The third of situations for earth-rubbing ............................... 669-673 The fourth of situations for earth·rubbina ...•.•........................ 674-675 The fifth and sixth and seventh situations for earth-rubbing ...........•... 676-683 Things with which earth-rubbing is correct .............................. 684-699 Instructions for earth-rubbing ........................................ 700-701 PRECEPTS OF EARTH-RUBBING ..........................•........... 702-727 PRECEPTS OF PRAYERS THE OBLIGATORY PRAYERS The daily obliptory prayers (traveller's prayer] .......•.•................... 728 The time of noon and afternoon prayers ................................ 729-734 The time of sunset and evening prayers ................................. 735-740 The time of morning prayer .............................................. 741 PRECEPTSOFTIMEOFPRAYER ...........•.....•.................... 742-754 Prayers which must be laid in order .................................... 755-763 RECOMMENDED PRAYERS ...................•..................••... 764-767

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Problem No.

Subject

The time of daily supererogatories o o o 768-774 The prayer of ghafileh ooooo oooooooo oo oo o775 PRECEPTSOFKIBLAH oooo oooo oo oooooooooooo oooooooooooooooo776-787 COVERING THE BODY AT PRAYER ooooooooooooooooooooooooooooooooooo788-797 CLOTHING OF A PRAYER-LAYER ooooooooooooooooooooooooooooooooooooo798-847 Instances in which the cleanliness of prayer layers' body and clothing is not necessary o o o o oo 848-863 Things that are recommended in a prayer layer's clothing oooooooooooooooo oooo864 Things that are abominable in a prayer layer's clothing ooooooooo oo o o o 865 The place of a prayer layer o o 866-892 Places where it is recommended to lay prayers at ooooooooo ooooooooooo ooo 893-897 Places where it is abominable to lay prayers at ooooooooo o• ooooooooooo oo 898-899 PRECEPTS OF MOSQUES oooooooo• o.. oooooooo• oooooooooooooooooo• oooooo900-915 AZAN AND EGHAMEH [CALL FOR PRAYER] o••••••• oooo•• ooo. o. o. oooo916-919 The translation of azan and eghameh oooo• oo••• o• ooo• oo••• oo• o•• ooooo• 920-941 THEOBLIGATORIESOFPRAYER ooooooo. ooo•••• o. oooooooo. o. o. ooo. ooooo. o942 Solemn intention o• o••• o o o o oo• ooooo• o• o• oo• o• 943-947 Sacred magnification . o•• o•• o• o• oooooo• o• o, o• oo•• o• o•• o• oo••• o ooo• 948-957 Standing 958-977 Reading oo o o o. o. o o 978-1021 Flexion 1022-1044 Prostration . 1045-1075 Things upon which prostration is correct . 1076-1090 Desirables and abominables of prostration . 1091-1092 The obligatory prostration ofthe Koran 14)93-1099 Witnessing o o 1100-1104 The prayer's salutation 1105-1107 Order oo. oo. o•• o. o. ooo. o•• 1108-1113 Succession .. o• oo• oo• ooooooo• oo• o•••• o o 1114-1116 Submission oo o. oooo. oo•• o•••• oo 1117-1121 TRANSLATION OF PRAYER 1. Translation of sura of Hamd (praise) 2. Translation of sura "say that there is only one God" 3. Translation of invocations of flexion and those invocations that are recommended following them 4. Translation of submission S. Translation of four-doxologies 6o Translation of witnessing After-prayer . o oo oooo. o••• 1122-1123 Salutation to the Prophet (Salutations to Him) 1124-112!1 INVALIDATORS OF PRAYER ..... oo. o. o••• o. 1126-llS6 THINGS THAT ARE ABOMINABLE IN PRAYERS o. o•• o•• o. llS7-llS8 Sl'fuATIONS IN WHICH ONE CAN BREAK AN OBLIGATORY PRAYER .... o. o. o. o. oo••• oo. o. oo•••• o•••••• o llS9-1164 DOUBTS Doubts that void a prayer .. 116!1-1166 Doubts that must not be heeded . o••••••••••• 1167 l. Doubt in something whose place is past 1168-1178 2. Doubt after salutation . 1179 3. Doubt after the time o•• o•• o•• o••• o o••••• 1180-1183 4o Compulsive doubter (one who doubts very much) .. 1184-1191 0

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Subject

Problem No.

5. Doubt ofan imam and a follower ............................... 1192 6. Doubt in a recommended prayer ........................... 1193-1198 Correct doubts ................................................... 1199-1214 Cautionary prayer ................................................ 1215-1235 The prostration of error ........................................... 1236-1249 Instruction for prostration of error ....................................... 1250 Compensation of a forgotten prostration and witnessing ................ 1251-1262 Deleting and adding to prayers, components and conditions ............. 1263-1271 A traveller's prayer ............................................... 1272-1355 Miscellaneous problems ........................................... 1356-1369 The compensatory prayer .......................................... 1370-1389 The make-up prayer of a father which is obligatory to his oldest son .............................................. 1390-1398 The public prayer ................................................. 1399-1452 The conditions ofa public imam .................................... 1453-1459 PRECEPTS OF THE PUBLIC .................................•....... 1460-1479 Things that are recommended in !l public prayer ....................... 1480-1487 Things that are loathesome in a public prayer .......................... 1488-1490 Theprayerofsigns ................................................ 1491-1506 Theinstructionofprayerofsigns .................................... 1507-1515 The prayer ofFitr and Sacrifice festivities ............................. 1516-1532 Hiring for prayer ................................................. 1533-1549 PRECEPTS OF FASTING ............................................. 1550-1571 THINGSTHATVOIDAFAST ........................................ 1572-1652 l. Eating and drinking ..................................... 1573-1583 2. Copulation ............................................. 1584-1587 3. Masturbation ........................................... 1588-1595 4. Attributing a lie to God and to the Prophet .................. 1596-1602 5. Access ofa dense dustto the throat ........................ 1603-1607 6. Dipping head into water .................................. 1608-1618 7. Remaining an ejaculator and a menstrual and in childbirth until the morning's azan ................... 1619-1644 8. Taking an enema ............................................ 1645 9. Vomiting .............................................. 1646-1652 PRECEPTSOFTHOSETHINGSTHATVOIDAFAST .................. 1653-1656 Things that are abominable to one who fasts ............................... 1657 Places at which a compensatory and expiation is obligatory .............. 1658-1659 Expiation of fasting ............................................... 1660-1687 Places where only compensation for fasting is obligatory ................ 1688-1693 PRECEPTS OF A COMPENSATORY FASTING ......................... 1694-1713 PRECEPTS OF ATRAVELLER'SFASTING ............................ 1714-1724 Those for whom fasting is not obligatory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1725-1729 Proof of the onset of the month ..................................... 1730-1738 Unlawful and abominable fastings ................................... 1739-1747 THE RECOMMENDED FASTS ............................................ 1748 The situations in which it is desirable that one abstains from acts which void a fast .............................. 1749-1750 PRECEPTS OF THE FIFTH (KHOMS) l. Profits of a business ..................................... 1752-1797 2. Mine .................................................. 1798-1805 3. Treasure ............................................... 1806-1812

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Problem No.

Subject

4. A lawful asset mixed with an unlawful ...................... 1813-1818 5. Jewels which are obtained by going into the sea .............. 1819-1827 6. Booty ...................................................... 1828 7. Land which a tributary infidel buys from a Moslem ........... 1829-1833 TheuseofFifth .................................................. 1834-1852 PRECEPTS OF ALMS ................................................ 1853-1854 Conditions upon which alms become obligatory ....................... 1855-1863 The alms of wheat and barley and dates and raisins ..................... 1864-1895 Taxable limit of gold ................................................... 1896 Taxable limit of silver ............................................. 1897-1907 Alms of camels, cows and sheep . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 1908-1909 The taxable limit of camel .......................................... 1910-1911 The taxable limit of cow .......... , ..................................... 1912 The taxable limit of sheep .......................................... 1913-1924 USE OF ALMS ...................................................... 1925-1941 The conditions for those who deserve alms ............................ 1942-1956 The solemn intention for alms ...................................... 1957-1960 Miscellaneous problems ofalms ..................................... 1961-1990 The alms ofFitr .................................................. 1991-2013 UsesofthealmsofFitr ............................................ 2014-2023 The miscellaneous problems of alms of Fitr ........................... 2024-2035 PRECEPTS OF HAJ ................................................. 2036-2050 PRECEPTS OF BUYING AND SELLING ............................... 2051-2053 Abominable deals ..................................................... 2054 · · Invalid deals ..................................................... 2055-2080 The conditions of seller and buyer ................................... 2081-2089 The conditions of the article and its exchange .......................... 2090-2096 The formula of buying and selling ................................... 2097-2098 Buying and selling fruit ............................................ 2099-2103 Cash and credit ................................................... 2104-2109 PREPAID DEALS ................................................... 2110-2111 Conditionsofaprepaiddeal ............................................ 2112 PRECEPTS OF A PREPAID DEAL .................................... 2113-2118 Selling gold and silver in exchange for gold and silver ................... 2119-2123 The situations in which one can call off a deal ......................... 2114-2136 Miscellaneous problems ........................................... 2137-2141 PRECEPTS OF PARTNERSHIP .•..................................... 2142-2159 PRECEPTS OF PEACE ............................................... 2160-2172 PRECEPTS OF RENTING ............................................ 2173-2183 The conditions ofa rental property .................................. 2184-2186 Conditions of the use for which property is rented ...................... 2187-2192 Miscellaneous problems ofrenting ................................... 2193-2217 PRECEPTS OF REWARDING ........................................ 2218-2227 PRECEPTS OF SHARE-CROPPING .................•................. 2228-2237 PRECEPTS OF TREE-SHARING ...................................... 2238-2251 THOSE WHO CANNOT TAKE CHARGE OF THEIR ASSETS ............ 2252-2256 PRECEPTS OF DEPUTATION ........................................ 2257-2272 PRECEPTS OF LOANS ............................................... 2273-2288 PRECEPTS OF ORAWING A DRAFT .................................. 2289-2299 PRECEPTS OF MORTGAGE ......................................... 2300-2309 PRECEPTS OF GUARANTEEING ..................................... 2310-2321

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Subject

Problem No.

PRECEPTS OF BAILING ............................................. 2322-2326 PRECEPTS OF TRUST ............................................... 2327-2343 PRECEPTS OF LENDING ............................................ 2344-2362 PRECEPTS OF MARRIAGE OR MATRIMONY ......................... 2363-2367 PRECEPTS OF CONTRACT (MARITAL) .............................. 2363-2367 Instructions for reading permanent contract ............................... 2368 Instruction for reading non-permanent contract ............................ 2369 Conditions of contract ............................................. 2370-2379 Defects for which a contract may be dissolved ......................... 2380-2383 A group of women with whom marriage is unlawful .................... 2384-2411 PRECEPTS OF PERMANENT CONTRACT ............................ 2412-2420 Concubine or formula .....................................•....... 2421-2432 PRECEPTS OF LOOKING ............................................ 2433-2442 Miscellaneous marital problems ..................................... 2443-2463 PRECEPTS OF SUCKLING ........................................... 2464-2473 Conditions of suckling that causes intimacy ........................... 2474-2486 Rules ofsuckling ................................................. 2487-2488 Miscellaneous problems of suckling .................................. 2489-2497 PRECEPTS OF DIVORCE ............................................ 2498-2509 The waiting period of divorce ....................................... 2510-2516 The waiting period ofa woman whose husband is dead ................. 2517-2521 Irreversible and reversible divorces ................. ~ ................ 2522-2523 PRECEPTS OF RETURNING ......................................... 2524-2527 Dethronement divorce ............................................. 2528-2530 Disenchantment divorce ........................................... 2531-2535 Miscellaneous precepts of divorce ................................... 2536-2544 PRECEPTSOFUSURPATION(extortion) .............................. 2545-2563 PRECEPTS OF THE PROPERTY THAT ONE FINDS .................... 2564-2582 PRECEPTS OF BEHEADING AND HUNTING ANIMALS ............... 2583-2590 Instructions for beheading animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2591-2593 Conditions of beheading animals ........................................ 2594 Instructions for killing camels ...................................... 2595-2698 Things that are desirable when beheading animals .......................... 2599 Abominable things in beheading animals .................................. 2600 PRECEPTS OF HUNTING WITH ARMS ............................... 2601-2608 Hunting with hunting dogs ......................................... 2609-2614 Fishing .......................................................... 2615-2621 Hunting locusts .................................................. 2622-2623 PRECEPTS OF EDIBLES AND BEVERAGES ........................... 2624-2635 Things that are recommended when eating food ............................ 2636 Things that are loathesome while eating food .............................. 2637 Desirables in drinking water ............................................. 2638 Abominables in drinking water .......................................... 2639 PRECEPTS OF VOWS AND PROMISES ............................... 2640-2669 PRECEPTS OF SWEARING .......................................... 2670-2675 PRECEPTS OF ENDOWING .......................................... 2676-2693 PRECEPTS OF WILLING ............................................ 2694-2727 PRECEPTS OF INHERITING ......................................... 2728-2779 Miscellaneous problems of inheriting ................................ 2780-2785

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Problem No.

Subject

SUPPLEMENTS TO TOWZIH AL-MASAEL. ....................... 2786-2897 THE BOOK OF ORDERING THE RIGHT AND BARRING THE WRONG ......................................... 2786-2790 Conditions of ordering the lawful and pro)libiting the unlawful .......... 2791-2803 Phases of ordering the lawful and prohibiting the unlawful .............. 2804-2825 PROBLEMS OF DEFENSE ............................................ 2826-2834 [CIVIL LAWS] ...................................................... 2835-2837 SOME PROBLEMS OF TODA Y'S NEEDS .............................. 2838-2897 PRECEPTS OF PROMISSORY NOTES ................................. 2838-2845 PRECEPTS OF GOODWILL .......................................... 2846-2852 BANK TRANSACTIONS ............................................. 2853-2861 PRECEPTS OF INSURANCE ......................................... 2862-2866 PRECEPTS OF THE LOTTERY TICKETS .............................. 2867-2873 PRECEPTS OF INSEMINATION ...................................... 2874-2877 PRECEPTS OF DISSECTION AND GRAFTING ......................... 2878-2886 END ................................................................ 2887-2890 [USURY] ............................................................ 2891-2897

Index of New Questions

Question.

About imitation ........................................................ 1-2 About ablution .......................................................... 3 About mosque .......................... ; ................................ 4 About the time of prayer and fasting ......................................... 5 Some problems of prayer ................................................ 6-7 PRECEPTS OF PRAYER ................................................... 8-9 Problems of fasting ................................................... 10-11 SOMEPRECEPTSOFFASTING ...............•.......................... 12-14 SOME PRECEPTS OF PUBLIC PRAYER ...........•....................... 15-17 PRECEPTS OF A TRAVELLER'S FASTING AND PRAYER .................. 18-22 SOME PRECEPTS OF TRA YELLER'S PRAYER ............................ 23-26 Traveller's prayer ..................................................... 27-30 Some problems of Fifth ................................................ 31-33 PRECEPTS OF FIFTH ................................................... 34-61 SOME PRECEPTS OF HAJ ............................................... 62-65 PRECEPTS OF HAJ ........................................................ 66 SOMEPRECEPTSOFENDOWING ....................................... 67-71 PRECEPTS OF ENDOWING ................................................ 72 SOME PRECEPTS OF DEALINGS ......................................... 73-77 A FEW BANKING PROBLEMS ........................ ~ .................. 78-81 Miscellaneous problems .............................................. 82-104

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Supplemental index, pertaining to some of the issues substantiation of which required translating Towzih al-Masael and Appendix II. Apostates (heretics) Baha'is; Q82, Q103, Appendix II defmitions; 2447, Appendix I & II marriage with; 2448-2450, Q82 Baha'is; Q82, Q103, Appendix II Christians; Q9S, 2397, Appendix II · Concealing faith (dissembling); 234, 1072, 1130, 2893 False oath; 2675 Fasting infidels and; 1566, 1695 sinning and; 1623, 1714-1715 Imitation; 1-14 Infidels alms and; 1925, 1993 blood of; 8SS books and meetings; Appendix II burial of; SS1, 619-620, 643 dealings with; 2059, 2061 dissection of; 2878, 2880, 2883 embracing other religions; Appendix II, page 432 (13) fasting of; 1566, 1695 food of; Q84 handling of .Koran; 139 hunting with; 260, 2602, 2609 inheritance of; 2783 lost property; 2566 killing of; Appendix II knowledge of; 782 marriage with; 2397, 2434 property of; Q89 testimony; 2725 tribute; Q89, Q9S, Appendix I & II uncleanliness; 56, 106-110, 'JJ17-'JIIJ usury and; 2080 will and; 2715, 2725 Jews; Q84, Q88, Q9S, Q98, Q99, 2397, Appendix II

Praying

dissimulation in; 234, 1072, 1130 sinning and; 1142, 1163, 1294, 1296, 1302-1304, 1714 women and; 886-889, 894 Radio and Television; 2889, 2890 Rights and Wrongs; 2786-2825, 2833 Slaves; 636, 1660, 1925, 2090, 2114, 2654, 2669, Appendix II Sunnis; 234, 542, 1072, 1130, 2566 Usury (interest) cleaning assets; 1813 deceit; 2873, 2893, 2896-2897 family; 2080 unprotected infidel; 2080 vengeance; Q79 Women infidels; 619, 2397, 2434, 2448 marrying underage; 2378, 2459, 2470, 2492, 2504, 2510, 2522, 2542 prayer; 886-889, 894 testimony of; 510, 1730, 1734, 1736, 2496, 2725 Zoroastrians; Q9S, Appendix II

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APPENDIX I IN THE NAME OF GOD, THE COMPASSIONATE, THE MERCIFUL Glossary of Jurisprudential Terminologies and Related Words Considering the fact that jurisprudential terminologies and Arabic words are used in the noble treatise Towzih al-Masael, such that it may create difficulties for [our] dear readers, this office decided to add a dictionary [glossary) of jurisprudential terminologies and related words to the end of the treatise. Although this glossary is adequate to a certain extent but, God willing, in future printings it will be presented to the devotees and votaries of the Islamic revolution in a more complete form, together with problems specific to the Friday prayer. Office of Islamic Publications, Affliliated with Society of Religious Teachers, Ghom's Scientific Precinct

ablution (vozoo): the washing of face and hands and the rubbing of head and feet with details given in problem #236 and thereafter abominable, loathesome (makrooh): undesirable, unwanted, that practicing of which is not unlawful but it is better abandoned alms (zakat): growth, cleanliness from dirt and filth, on specified amount of private property of a person (under nine headings) which, when reached a certain limits, must be spent in their specific situation (see problem #1925) apostate (morttad): a Moslem who has denied God and Prophet, or a rule of necessaries of the religion, such that his denial returns to the denial of God and the Messenger barring the wrong (nahy az monkar): barring others from an act which, by the rule of the Law-giver, is undesirable bath (ghosl): washing; the washing of the body in a specific manner which is of two kinds, by dipping and sequential, (see problems #361 & #367) caution (ehtlat): a way which results in one's complete conversance and certainty in reaching the truth necessary: caution is obligatory, refer to the word 'necessary' obligatory: it is a matter corresponding to caution and the regligious jurisprudent has not decreed with it; in such problems imitators can act according to the decree (fatva) of another Expert recommended, desirable: it is a caution other than the religious jurisprudent's decree, hence its observance is not necessary circumambulation of nessa: the last circumambulation of the individual (private) Haj and Omereh which, if abandoned, results in the continuation of unlawfulness of bed-sharing for the one who circumambulated

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cleaning (taharat): cleanliness; a spiritual state in a person resulting from ablution and bath or earth-rubbing compensatory, make up (ghaza): the practice of an act, which has been missed, outside of its time country (vatan):the place where one has chosen to reside and to live in dead (mayyet): corpse; the lifeless corpse of a human. [also, the deceased] decree (fatva): opinion of an Expert in religious problems dipping (ertemas): getting into water; refers to ablution and bathing by dipping do not abandon caution: this term, in those subjects on which the religious jurisprudent had not given an opinion (fatva), means obligatory caution; else, if he has given an opinion on that issue, it means emphasis in the appropriateness of caution drainage (estebra): an endeavor to remove dirt, and cleanliness from contamination. It has been used in three situations: I. drainage of urine; for explanation see problem tn2 2. drainage of semen; means urinating following exit of semen, to make sure that particles of semen has not remained in the passage 3. drainage of an animal that eats the unclean; means preventing an animal that eats the unclean from eating human unclean until it is habituated to its natural food, and its quality is mentioned in problem #220 entering magnification (takblratol ehram): the "God is Greater" mentioned when intending to enter the prayer ejaculator Oonob): one from whom semen has exited or who has shared a bed with another sleep: one from whom semen has exited while asleep Expert (mujtahed): assidious; one who in understanding the devine precepts has attained the rank of "ejtehad", meaning that he has the suitable scientific power such [to] deduce the Islamic precepts from the Book and tradition (sonnat) expiation, atonement: an act which one does to recompense his sin feigned agreement (gharar I sooree): the external appearance of an agreement, see problem #2893 Fifth (khoms): one fifth, 20% of yearly income and others which must be paid to the Islamic ruler (refer to the proper chapter for explanation of Fifth matters) five precepts (the): obligation (vojoob), unlawfulness (hormat), desirableness (estehbab), abominableness (kerahat), impunity (ebaheh) follow up, chasing (ta'gheeb): to engage oneself by invoking benedictions and the Koran after the prayer formula, words (seegheh): words which are means for actualization of contracts and unilateral legal undertakings folly quaiiDed Expert: the Expert who possesses the conditions of the source of imitation fundamental (rokn): basic, the most basic component of a worship. For learning the fundamentals of prayer and its precepts refer to problem #942 [fundamentals: (osool)] guardian (valee): one who upon the order of the sacred Law-giver is another person's guardian, such as the fathter and the grandfather and the religious ruler guardianship (valayat): guardianship, custodianship heresy (bed'at): innovation, the exercise of personal taste and innovation in devine precepts Imitation (taghleed): following the decress of an Expert (mujtahed) [Imitation: (eghteda, in public prayer)]

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infidel (kafar): one who doesn't believe in the Oneness and Prophethood, or both, that is: I. that who denies the existence of God 2. that who assumes a partner for God 3. that who does not accept the prophethood of the Islam's Prophet (salutations) 4. that who doubts over these matters 5. that who denies the necessities of the religion such that his denial returns to the denial of God and Messenger (salutations) hostile (kafar i harbi): infidels who are at war with Moslems tributary (kafar i zammi): those People of the Book in Islamic cities who, in accordance with specific conditions, are under the protection of Islamic government (Intention: (ghasd, niyyat)) for closeness (ghasd i ghorbat): decision of getting close to the God's state of content and closeness [sic] solemn, declared (nlyyat): resolve; decision of getting close to the God's state of content and closeness [sic] Intimate (mahram): the close relatives of a person with whom marriage is perpetually unlawful [cf. stranger) Irreproachable, lawful, allowable (mobah): an action which from religious point of view is neither extolled nor reproached Intercourse, coitus, copulation (jema'): sexual intercourse

It Is marred (fraught, involved) with difficulty (eshkal): such an act is not the cause of dropping one's duty.; it must not be done, and in such cases one can refer to another Expert It Is closer (aghrab): this is the opinion (unless there is something in the context which would indicate the lack of a decree) It is stonger (aghva): stronger view is this, the decree is this

It is farfetched (ba'id): it does not correspond to the decree It is not farfetched: that is the decree (unless there is an argument against that in the context) it Is not devoid of strength (ghovvat): the decree is this (unless the context indicates otherwise) It Is not devoid of merit (vajh): the decree is this (unless the context indicates otherwise) It appears that: the decree is this (unless another meaning is indicated from the context)

It is a place for deliberation: he must exercise caution (the imitator can, on this problem, refer to someone else) It Is a place of difficulty: it is difficult, its soundness and integrity is problematic (the imitator can, on this problem, refer to someone else)

It is subject to difficulty: it is not correct, and in this matter one can refer to a different Expert (lawful: halal] Law-giver (share'): the founder of the religion of Islam, God, Merciful Prophet (salutations) major mishap (hadas): anything that calls for a bath in prayer, like nocturnal ejaculation and coitus mazee: a moisture that exits from humans after playing minor mishap: anything which calls for an ablution before prayer and those are seven; urine, stool, flatus, total sleep, things that remove the reasoning, undue bleeding, things that necessitate a bath mod: a measure with an approximate capacity of 10 seers [750 grams)

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monthly habit: menses, menstruation necessity of the religion: that which is undoubtedly part of the religion; any rule that Moslems consider to be a part of the religiton, such as the obligatories of prayer and fasting necessary (lazem): obligatory; if the Expert uses (Koran's) verses and traditions for arguing the necessity of a certain matter, such that he can attribute it to the Law-giver, he will interpret (it] as 'obligatory' and if for arriving at the necessity he uses other places, such as logical reasoning, he will interpret (it] as 'necessary'. The same distinction must also be held between 'necessary caution; and 'obligatory caution'; therefore, in practice, there is no difference between 'necessary' and 'obligatory' for the imitator obligatory (vajeb): an act whose practice is necessary from the religious point of view Innate (aslee, nafsee): made obligatory on its own right, such as the prayer subordinately (taba'ee, ghayree): made obligatory not on its own essence but as a consequence to another obligation, such as the bath of ejaculation which is not obligatory on its own but as a consequence to the obligation for prayer pious (ta'bbodee): an obligatory the practice of which necessitates intention for closeness (worship) in connection (tavassoll): an obligatory which does not necessitate intention for closeness, such as payment of debts and returning greetings determlnatlonal (ta'iinee): an obligatory to which obligation belongs distinctly, such as fasting and prayer optional (takhllree): a matter obligation to which rotates between itself and another, such as expiation for fasting with the options being I) freeing one slave, 2) fasting for 60 days, 3) feeding 60 indigents objective ('inee): an obligation to which everyone is obligated, regardless of others, such as prayer and fasting enough (kafali): an obligation which when enough people embark on it it will be dropped from others, such as the bath of the dead which is obligatory on all but is dropped from others when a group of people embark on it suspended (moallagh): an obligatory whose time of obligation (vojoob) is 'the present' and whose obligatory time is 'future', meaning that it is presently an obligation but the obligatory must be practiced under certain conditions, such as the obligation of Haj after the attainment of conditions of (fiscal] ability; thus Haj becomes obligatory for whoever can afford it but one must wait until the arrival of the specific days to practice it fulfilled (monajjaz): an obligatory the time of which and the obligation itself are identical, like fasting which must be practiced at the same time that it becomes obligatory absolute (motllagh): an obligatory which is obligatory under all conditions conditional (mashroot): an obligatory which is obligatory under certain conditions, such as Haj which becomes obligatory only when it is (fiscally] affordable extended (movassa'): an obligatory whose time of practice is wide such as the noon and the afternoon prayers whose time extens from noon to sunset short lived (mozayyegh): an obligatory whose time is distinct and limited, such as the fasting in the month of Ramazan ordering the right (amr beh ma'rooO: demanding from and forcing others to practice those precepts and traditions which were recognized as official from the Law-giver's viewpoint People of the Book: non-Moslems which consider themselves followers of prophets who owned a Book, like the Jews and the Christians

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privates: that from its exposing one is shameful (an allusion to the sex members of woman and man) puberty: appearance of one of the three symptoms in human, explained in problem #2252 recommended, desirable (mostabab): desirable, desired, anything that was desirable to the Law-giver but is not necessary and obligatory. A religious rule that its practicing is righteous (rewarding) but its opposition [denial] is not punishable religious ruler: an Expert whose ruling is decisive (executable) on religious grounds religiously accountable, duty-bound, accountable (mokallaO: anyone who has reached puberty and who is sane rubbing (mash): to stroke something, to stroke the parting of head and the feet with the remaining wetness from washing the face and hands, in ablution splint earth-rubbing: the earth-rubbing of someone who has a splint (jabireh) on his members of earth-rubbing, refer to problems #322-344 for an exposition of splint's quality sweat of unlawful ejaculation: the sweat which exits from human body following unlawful intercourse or masturbation tributary conditions: those conditions that, if acted upon by the People of the Book in the cities of Moslems, their life and properties is safe under an Islamic government tributary (zammee): infidels who follow the Book, such as the Jews and the Christians who live in Islamic countries and, in lieu of their promise of obeying Islamic social laws, enjoy the security and the protection of Islamic government unclean (najes): filthy (paleed), unclean (napak) (unclean (In) substance: (eyn i najes)] uncleaned (motenajjes): anything which is inherently clean but has become contaminated by touching an unclean thing, directly or indirectly unilateral undertaking (eegba'): any agreement that goes into effect upon the decision of one side and does not need the acceptance of the other, such as a divorce which does not need the acceptance of the wife unlawful (haram): prohibited, an act which, from religious point of view, must be abandoned (must not be done) (usury (reba): any kind or amount of interest) note: the exchange of a promissory note with an amount less than its credit [face value] loan: an excess stipulated in the payment of a loan usurpation, extortion (ghasb): tyrannical domination over other's property or right vadee: a moisture at times seen after the exit of urine vatee: to trample, alludes sexual act vazee: a moisture at times seen after the exit of semen

ADDITIONAl- GLOSSARY (absolute: (motllagh) acceptable: (jayez) benediction: (do'a) cautiously, cautionary, caution-wise, by way of caution: (rhti:uan) concern: (rshkal, mane') correct: (saheeh) due, oril!inal: (ada) family, relatives: (al) festivity: (eyd) idiot: (safeeh)

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Invocation: (zek r) lay: (gozardan, khvanc]an) mesl!hal: 4.64 grams most-knowledl!eahle: (a'lam) pea (nokhod): 0.2 ~ram precepts: (ahkam) property, assets: (mal, molk) stranl!er: (namahram) unit of prayer: (raka't) void: (batel) wound, ulcer, lesion: (zakhm))

APPENDIX II Extracts from Tahrir al-vasileh (by Ayatollah Khomeini) which appeared in volume 4 of Resaleh Novin: Political and Legal Problems, 'translation and explanation by Abdulkarim Biazar Shirazi'. Publisher, Anjam i Ketab, Day 1360/1981; see Foreword.

PENAL CODE: PUNISHMENTS The merciful Prophet was a messenger of bounty: Those who follow the west imagine that the Islamic precepts are harsh. These people do not know at all what these precepts are for. It is like a physician who holds the knife and tears the abdomen in order to remove a cancer[ous] gland and someone says: that physician is harsh. Is this a bounty or harshness? That physician who cuts off the hand does it because that hand will putrefy the human body. This society is like the human body and sometimes, for rectifying a society, it will discipline (punish) a person, such punishment that on occasion results in his killing. One who corrupts a country, or a group, and is incorrigible, he must be eliminated for the sake of purifying and protecting the society; this cancerous gland must be removed from the society and its removal is done by executing him. Such are the Islamic executions, not like the western executions that they rush in and kill and annihilate in order to make a place for themselves. Islamic executions are bounty [bountiful] executions, when one punishment of the devine punishments is exercised the society will be rectified. If the hands of four thieves are cut off in a public gathering (thievery) will end. If four people who are afflicted with prostitution are flogged, prostitution will die. This is that cancerous gland that a physician is forced to remove in order to preserve a man's life (Imam Khomeini, 4/19/1358/1979).

APOSTASY 1 - Apostasy is leaving Islam and accepting infidelity. One who turns from Islam to infidelity is called an apostate and that is of two kinds; 1) innate-apostate, and that is a person that one of his father or mother was Moslem when his seed was being jelled, and who embraced Islam following puberty and then left Islam. 2) National apostate, and that is a person whose father and mother were infidels when his seed was being jelled and he has expressed infidelity after puberty, and became an original infidel (kafar i aslee), then he embraced Islam and later has returned to infidelity; such as a person who originally was a Christian and became a Moslem and then returned to Christianity.

Tahriral-vasileh, Volume 2, P. 366

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2- Innate-apostate's [embracing of] Islam is apparently unacceptable and, if a man, his ruling is execution and, if a woman, she is condemned to prison for life and [with] beating when praying and straitening of livelihood, but her repenting is acceptable and she will be freed if she repents. 3 - A national apostate will be caused to repent and in case of refusing to repent will be executed. And it is preferable to give a 3 day reprieve and to execute him on the fourth day if he refused. 4 - Puberty, knowledge, volition and intention are credible in ruling on apostasy.

S - The child of a Moslem or that of an apostate, whether national or innate, is considered Moslem before the father's apostasy, and therefore, if the child reached puberty and chose infidelity he will be asked to repent (and to return to Islam), else he will be executed. 6 - Apostasy is proven by the witnessing of two just men and by confession.

Tahrir al-vasileh, Volume 2, pp 494-496

RETALIATION (GHASAS) 2 - Conditions of retaliation (1) Equality in liberty and bondage, and therefore a free will be retaliated vis a vis a free. (2) Equality in religion, therefore Moslem will not be retaliated for infidel, unless a Moslem has a habit of killing infidels. (3) The· slayer is not the father of the slain, nor the paternal grandfather (apparently). (4) Reason and wisdom. (5) Puberty. (6) That he religiously does not deserve to be killed, such as when a person is forced to kill in self-defense.

Imam Khomeini: Tahrir al-vasi/eh, Volume 2, pp. 508-547

MULCI'S AND BLOOD MONEY Articles: 1 - With consent and agreement of the mulct-owner the above-mentioned cash penalties may be paid in part cash and part commodity manner. 2 - If a person commits killing [another] during the unlawful months, that is in Rajab, Zeegha'deh and Zeehajjeh and Moharram, or if he commits the killing within the sanctuary of the Great Mecca, 1/3 of each of -429-

the mentioned commodities will be added to his penalty. 3 - The amount of mulct which has come in the table is for a Moslem man, but the mulct of a Moslem woman will be half of these amounts, i.e. 50 camels or 500 dinars and ... [the cash value of the mulct and penalty of premeditated killing of a Moslem man is given as 1000 dinars or 10,000 derhams]. (1 derham = 1/2 mesghal + 115 religious mesghal = 3.12 grams. 1000 dinars = 3.5 kilo'+ 29 grams of pure gold.)

4- A tributary's mulct (Jews and Christians and Zoroastrians who live under the protection of Islam) is 800 derhams and the mulct of their women is half of that of their men.

5 - There is no mulct for those who are not among the tributaries, such as infidels and those who have left the Islam's responsiblity, and similarly for those who became apostates of their own religion and went to the side of non-tributaries.

Tahrir al-vasileh, Volume 2, pp. 533-557

THE RIGHTS OF MINORITIES Tributary People: Those Who Live Under the Protection of Islam 1 - Those who live under the shelter and protection of Islam (Tributary People) consist of the Jews and the Christians, who are People of the Book, and the Zoroastrians, who resemble People of the Book, without a difference as to the religions and the sects that they have within themselves, such as the Catholic and Protestant sects and others. 2 - Groups of infidels and idolators and star worshipers and others, whether they be Arabs or Persian (non-Arabs) and whether affiliated with book-owning prophets such as His Holiness Abraham and His Holiness David (Salutations) or others, similarly, embracing Jewish, Christian and Zoroastrian [religion] by a person who was not originally from one of these religions, and after the abrogation of the books of these three religions by Islam, is not acceptable. Further, they will be counted among the hostile groups. 3 - The followers of the tri-religions (Jewish, Christianity and Zoroastrian): if they undertake and guarantee the conditions of tribute, to be mentioned later, their religions will be recognized and an amount of poll tax (Jazyeh) will be accepted from them. 4 - Poll tax will not be exacted from children, insanes and women.

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S -The children of Tributary People, following attaining puberty,

must either become Moslems or pay the poll tax and the agreement made with their fathers is not enough, further, a separate agreement must be made with them. 6 - In case of refusing Islam and paying the poll tax they are reckoned as hostile and he must be returned to his country and his apprehension is not necessary since he is under the protection of his father. Poll Tax (Jazyeh) 1 - There is no specific amount for poll tax, thus its amount depends on the views of Governor-General (Valee) and the expediencies of time and place and the situation at hand. 2 - Governor-General can lay this tax on per capita basis or on the lands or both. Further, he can impose the tax on beasts of burden and trees and real estate, in any way he fin~s it expedient. 3 - And the tax must be received according to what came in the tributary agreement. 4 - In addition to the poll tax other conditions, such as hosting Moslem military and others can be made, stipulating the length of time,like one day or three days.

S - The payment of poll tax will be dropped upon the embracing of Islam by the People of the Book, even though he became Moslem in order to escape from the poll tax. 6 - Apparently, the use of poll tax is the same as that of tributes and it is not farfetched that the use of tributes and other taxes is the same as the interests of Islam and Moslems. 7 - The tributary agreement is in the hand of the Imam (Salutations), when present, and in his absence it is in the hand of the Iman's deputy. 8 - Tributary Conditions (1) Accepting the poll tax, whether per capita or on the land, or both, or on other things, according to the view of the Imam (Salutations) or that of the Moslem's Governor-General. (2) That they do not do an act contrary to the security, such as deciding to fight against Moslems or to help the idolators. (3) There will be no display of those things which, to us, are unlawful and ugly, such as wine drinking and fornication and eating pig's meat and marrying intimates (mahramat).

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(4) Accepting the precepts of Moslems such as payment of debts and abandoning the unlawful, as well as execution of the devine punishments. (5) They must not vex or annoy Moslems, such as stealing and spying. (6) They must not establish synagogues or ring church bells. (7) In case of committing crime they shall be subject to punishment or reproof according to Islamic law. (8) In case of breaking the agreement the Governor-General and the superintendent of Moslems can return them to their country. (9) When a land is conquered in a peaceful way, and on the condition that the land is for one of the (three groups) of People of the Book, and there were no stipulation for not building a temple, they can build a temple in that land, and they can repair or renew it, in case of ruin. (10) Any building erected by the Tributary People must not stand higher than those of its neighboring Moslems. (11) The Tributary People cannot enter the masjed al-haram [Kaaba] and, by way of caution, their entry in other mosques is not acceptable if it is a cause of disrespectfulness to the mosque. And Moslems do not have the right to allow them to enter. (12) The Tributary People cannot reside in Hejaz [Mecca and Medina]. (13) It is not acceptable that a tributary changes his religion to another religion not recognized by the followers of the previous religion. For e'