*BOOK*The Reliance of the Traveller. Version 1.04

*AUTHOR*Ahmad Ibn Naqib Al-Misri

*STAMP* "#$%&'(:A>=@@?ICEDMNOHKQQTTPNWPY

*EXEVER*08

*COPYRIGHTS*This book was obtained from the internet (http://www.geocities.com/Hollywood/Chateau/9304/) as a public domain file and added to this program.

*TYPING*This book is based on the translation by Noah Ha Mim Keller. The file that we obtained contains mistakes which are not in Noah Keller's translation, and which are currently being corrected.

*END*

*1*Introduction: The Reliance of the Traveller

@A classical manual of Islamic Sacred Law by Ahmad Ibn Naqib Al Misri (D. 769/1368), with the English text, commentary and appendices translated by Noah Ha Mim Keller.

*1*BOOK A: SACRED KNOWLEDGE

@CONTENTS:

The Knowledge of Good and Bad a1.0

Unaided Intellect Cannot Know Allah's  Rules a1.2

Meaning of Good and Bad a1.4

Those Unreached by Prophets Are Not Responsible a1.5

The Superiority of Sacred Knowledge over Devotions a2.0

Koranic Evidence a2.1

Hadith Evidence a2.2

Other Reasons a2.7

The Blameworthiness of Seeking Knowledge for Other Than Allah a3.0

Meaning of for Other Than Allah a3.1

Koranic Evidence a3.2

Hadith Evidence a3.3

Personally Obligatory Knowledge a4.0

Faith a4.2

A Muslim's responsibility in tenets of faith a4.2

Belief in problematic scriptural expressions a4.3

Works a4.5

When one must learn rites and duties a4.4

How much one must teach one's children a4.6

Knowledge of the Heart a4.7

Communally Obligatory Knowledge a5.0

Religious Sciences a5.1

This-Worldly Knowledge a5.2

Recommended Knowledge a6.0

Subjects That Are Not Sacred Knowledge a7.0

Unlawful Knowledge a7.2

Offensive Knowledge a7.3

Permissible Knowledge a7.4

*2*Chapter A1.0: The Knowledge of Good and Bad

@A1.1:

(Abd al-Wahhab Khallaf:) There is no disagreement among the scholars of the Muslims that the source of legal rulings for all the acts of those who are morally responsible is Allah Most Glorious.

@A1.2: Unaided Intellect Cannot Know Allah's  Rules

The question arises. Is it possible for the mind alone, unaided by Allah's messengers and revealed scriptures, to know rulings, such that someone not reached by a prophet's invitation would be able through his own reason to know Allah's rule concerning his actions? Or is this impossible?

@A1.3:

The position of the Ash`aris, the followers of Abul Hasan Ash`ari, is that the mind is unable to know the rule of Allah about the acts of those morally responsible except by means of His messengers and inspired books.

For minds are in obvious disagreement about acts. Some minds find certain acts good, others find them bad.

Moreover, one person can be of two minds about one and the same action. Caprice often wins out over the intellect, and considering something good or bad comes to be based on mere whim.

So it cannot be said that an act which the mind deems good is therefore good in the eyes of Allah, its performance called for, and its doer rewarded by Allah; or that whatever the mind feels to be bad is thus bad in the eyes of Allah, its non-performance called for and its doer punished by Allah.

@A1.4: Meaning of Good and Bad

The basic premise of this school of thought is that the good of the acts of those morally responsible is what the Lawgiver (syn. Allah or His messenger (Allah bless him and give him peace) ) has indicated is good by permitting it or asking it be done. And the bad is what the Lawgiver has indicated is bad by asking it not be done.

The good is not what reason considers good, nor the bad what reason considers bad. The measure of good and bad, according to this school of thought, is the sacred Law not reason (dis:W3).

@A1.5: Those Unreached by Prophets Are Not Responsible

According to this school, a person is not morally obligated by Allah to do or refrain from anything unless the invitation of a prophet and what Allah has legislated have reached him (n:w4 discusses Islam's relation to previous prophets' laws). 

No one is rewarded for doing something or punished for refraining from or doing something until he knows by means of Allah's messengers, what he is obliged to do or obliged to refrain from.

So whoever lives in such complete isolation that the summons of a prophet and his Sacred Law do not reach him, is not morally responsible to Allah for anything and deserves neither reward nor punishment.

And those who lived in one of the intervals after the death of a prophet and before a new one had been sent were not responsible for anything and deserve neither reward nor punishment.

This view is confirmed by the word of Allah Most High:

"We do not punish until we send a messenger"

(Koran 17:15).

(.Ilm usul al-fiqh (y71) 96-98)

*2*Chapter A2.0: The Superiority of Sacred Knowledge over Devotion

@A2.1: Koranic Evidence

(Nawawi:) Allah most High says:

-1- "Say, Are those who know and those who do not know equal?'" (Koran 39:9).

-2- "Only the knowledgeable of His slaves fear Allah" (Koran 35:28).

-3- "Allah raises those of you who believe and those who have been given knowledge whole degrees" (Koran 58:11).

@A2.2: Hadith Evidence

The Prophet (Allah bless him and give him peace) said:

-1- "Whoever Allah wishes well, He gives knowledge of religion."

-2- "The superiority of the learned Muslim over the devotee is as my superiority over the least of you."

Then the Prophet (Allah bless him and give him peace) said,

"Allah and His angels, the inhabitants of the heavens and the earths, even the ant in its anthill and the fish, bless for those who teach people what is good."

-3- "When a human being dies, his work comes to an end except for three things: ongoing charity, knowledge benefited from, or a pious son who prays for him."

-4- "A single learned Muslim is harder on the Devil than a thousand worshippers."

-5- "Whoever travels a path seeking knowledge Allah makes easy for him a path to paradise.

"Angels lower their wings for the seeker of knowledge out of pleasure in what he seeks.

"Those in the heavens and the earth, and the very fish in the water ask Allah to forgive the person endowed with Sacred Knowledge.

"The superiority of the learned Muslim over the devotee is like the superiority of the moon over all the stars.

"The learned are the heirs of the prophets. The prophets have not bequeathed dinar nor dirham, but have only left Sacred Knowledge, and whoever takes it has taken an enormous share."

-6- "He who calls others to guidance shall receive the like of the reward of those who follow him without this diminishing their own reward in the slightest. And he who calls others to misguidance shall bear the like of the sins of those who follow him without this diminishing their own sins."

-7- "He who goes forth to seek Sacred Knowledge is in the way of Allah [syn jihad def:09] until he returns."

-8- "This world and what is in it are accursed [dis: w5] except for the remembrance of Allah, that which Allah loves, someone with Sacred Knowledge or someone learning it."

@A2.3

'Ali ibn Abi Talib (Allah be well pleased with him) said,

"The religious scholar is greater in reward than the fighter in the way of Allah who fasts the day and prays the night."

@A2.4

Abu Darda' (Allah be well pleased with him) said,

"Teaching Sacred Knowledge for a brief time is better than spending a night in prayer."

@A2.5

Yahya ibn Abi Kathir said,

"Studying Sacred Knowledge is a prayer."

@A2.6

Sufyan al-Thawri and Shafi'i said,

"There is nothing after what is obligatory that is superior to seeking Sacred Knowledge."

@A2.7: Other Reasons

(Nawawi:) There are similar statements from whole groups of early Muslims I have not mentioned that are like those I have quoted, the upshot of which is that they concur that devoting one's time to Sacred Knowledge is better than devoting it to voluntary fasting or prayer, better than saying "Subhan Allah" (lit. "Exalted is Allah above any limitation"), or other supererogatory devotions.

Among the proofs for this, besides the foregoing, is that:

-1- the benefit of Sacred Knowledge affects both its possessor and the Muslims, while the above mentioned supererogatory works are confined to oneself;

-2- Sacred Knowledge validates, so other acts of worship require it, though not vice versa;

-3- scholars are the heirs of the prophets, while devotees are not characterized as such;

-4- the devote follows the scholar, being led by and imitating him in worship and other acts, obeying him being obligatory and not the other way around;

-5- the benefit and effect of Sacred Knowledge remain after its possesser departs, while supererogatory works cease with the death of their doer;

-6- knowledge is an attribute of Allah Most High;

-7- Sacred Knowledge, meaning the knowledge we are discussing, is a communal obligation (def: c3.2), and it is thus better than the supererogatory. The Imam of the Two Sanctuaries

(A: Juwayni) says in his book alGhiyathi that "the communal obligation is superior to the personal obligation in that the person performing it fulfills the need of the Islamic Nation (Umma) and lifts the obligation from it, while the obligation of the individual is restricted to himself." And success is through Allah (alMajmu' (y108), 1.18-22).

*2* Chapter a3.0: The Blame-worthiness of seeking sacred knowledge for other than Allah

@A3.1: Meaning of for Other Than Allah

(Nawawi:) Know that what we have mentioned about the merit of seeking Sacred Knowledge only applies to the seeker who thereby intends Allah Himself, not some end concerned with this world.

Whoever seeks it for a worldly aim such as money, leadership, rank, prestige, fame, people inclining towards him, defeating opponents in debate, or similar motive, is blameworthy. (A When the basic reason is Allah but other motives play a role, they diminish the merit in the proportion that they enter into it.)

@A3.2: Koranic Evidence

Allah Most High says:

-1- "Whoever wants to cultivate the afterlife We shall increase for him his village, while whoever wants to cultivate this world, we shall give him of it, but he will have no share in the next (Koran 42:20).

-2- "Whoever wants the present world We hasten for him therein whatever We will, for whomever We want, and then consign him to hell, roasting in it condemned and rejected". (Koran 17:18).

-3- "Verily, your Lord is ready at ambush" (Koran 89:14).

-4- "They were not ordered except to worship Allah, making their religion sincere unto Him as pure monotheists" (Koran 98:5).

@A3.3: Hadith Evidence

The Prophet (Allah bless him and give him peace) said:

-1- "The first person judged on Resurrection Day will be a man martyred in battle.

"He'll be brought forth, Allah will reacquaint him with His blessings upon him and the man will acknowledge them, where-

upon Allah will say, 'What have you done with them?' to which the man will respond, 'I fought to the death for you.'

"Allah will reply, `You lie. You fought in order to be called a hero, and it has already been said.' Then he will be sentenced

and dragged away on his face to be flung into the fire.

"Then a man will be brought forward who learned Sacred Knowledge, taught it to others, and who recited the Koran. Allah

will remind him of His gifts to him and the man will acknowledge them, and then Allah will say. `What have you done with them?' The man will answer. `I acquired Sacred Knowledge, taught it, and recited the Koran, for Your sake.'

"Allah will say, `You lie. You learned so as to be called a scholar, and read the Koran so as to be called a reciter, and it has already been said. `Then he will be sentenced and dragged away on his face to be flung into the fire."

-2- "Anyone who seeks Sacred Knowledge to argue with fools, vie with scholars, or draw people's attention to himself, will take a place in hell."

-3- "The most severely tortured on Resurrection Day shall be the scholar who did not benefit from his knowledge."

@A3.4  Sufyan al-Thawri said.

"No servant increased in knowledge and then in desire for the things of this world, save that he increased in distance from Allah." (Ibid.,1.23-24)

*2*Chapter: a4.0: Personally Obligatory Knowledge

@A4.1: Faith

(Nawawi:) There are three categories of Sacred Knowledge. The first is the personally obligatory (fard al-`ayn, def:c2.1), which is a morally responsible individual's learning the knowledge that the obligatory acts he must perform cannot be accomplished without, such as how the ablution (wudu) and prayer are done and so forth. Its obligatory character is how groups of scholars have interpreted the hadith in the Musnad of Abu Ya'la al-Mawsuli, from Anas, who relates that the Prophet (Allah bless him and give him peace) said,

"Seeking knowledge is an obligation upon every Muslim."

The meaning of this hadith, though the hadith itself is not well authenticated (A: being weak (dis:p9.5) ), is true.

@A4.2: A Muslim's Responsibility in Tenets of Faith

As for the basic obligation of Islam, and what relates to tenets of faith, it is adequate for one to believe in everything brought by the Messenger of Allah (Allah bless him and give him peace) and to credit it with absolute conviction free of any doubt. Whoever does this is not obliged to learn the evidences of the scholastic . The Prophet (Allah bless him and give him peace) did not require of anyone anything but what we have just mentioned, nor did the first four caliphs, the other prophetic Companions, nor others of the early Muslim community who came after them.

Rather, what befits the common people and vast majority of those learning or possessing Sacred Knowledge is to retrain from discussing the subtleties of scholastic theology, lest corruption difficult to eliminate find its way into their basic religious convictions. Rather, it is fitter for them to confine themselves to contentment with the above-mentioned absolute certainly.

Our Imam Shafi'i (Allah Most High have mercy on him) went to the greatest possible lengths in asserting that engaging in scholastic theology is forbidden. (A: What he meant thereby was the heretical scholastic theology that proliferated in his time and put rationalistic theories ahead of the Koran and sunna, not the science of theology (`ilm al-tawhid) by which Ash`ari and Maturidi scholars (dis: x47) have clarified and detailed the tenets of faith of Sunni Islam, which is an important part of the Islamic sciences.) He insistently emphasized its unlawfulness, the severity of the punishment awaiting those who engage in it, the disgrace of doing it, and the enormity of the sin therein by saying,

"For a servant to meet Allah with any other sin than idolatry (shirk) is better than to meet Him guilty of anything of scholastic theology."

His other statements expressing the same meaning are numerous and well known. But if someone has doubts (Allah be our refuge) about any of the tenets of faith in which belief is obligatory (def: books u and v), and his doubt cannot be eliminated except by learning one of the theologians' proofs, then it is obligatory for him to learn it in order to remove the doubt and acquire the belief in question.

@A4.3: Belief in Problematic Scriptural Expressions

Scholars disagree about the Koranic verses and hadiths that deal with the attributes of Allah (n: such as His `hand' (Koran 48:10), His `eyes' (52:48) or His `nearness' (50:16) ) as to whether they should be discussed in terms of a particular figurative interpretation (ta'wil, def:w6) or not. Some say that they should be figuratively interpreted as befits them (n: interpreting His `hand.' for example, as an allusion to His omnipotence).  And this is the more well known of the two positions of the scholastic theologians.

Others say that such verses should not be given a definitive interpretation, but rather their meaning should not be discussed, and the knowledge of them should be consigned to Allah Most High, while at the same time believing in the transcendence of Allah Most High, and that the characteristics of created things do not apply to Him. For example, it should be said we believe that

"the All-merciful is 'established' [Ar. istawa, dis:v1.3] on the Throne" (Koran 20:5),

but we do not know the reality of the meaning of that, nor what is intended thereby, though we believe of Allah Most High that

"there is nothing whatsoever like unto Him" (Koran 42:11),

and that He is above indwelling in created things (hulul, dis:w7), or having the characteristics of temporal, contingent existence (huduth, dis:w8).  And this is the path of the early Muslims, or the vast majority of them, and is the safest, for a person is not required to enter into discussions about this.

When one believes in Allah's transcendence above created things, there is no need for debate on it, or for taking risks over what there is neither pressing necessity nor even any real call for. But if the need arises for definitive interpretations to refute someone making unlawful innovations and the like, then the learned may supply them, and this is how we should understand what has come down to us from scholars in this field. And Allah knows best.

@A4.4: Works

A person is not obliged to learn how to perform ablution, the prayer, and so forth, until the act itself is obligatory for him. As for trade, marriage, and so forth, of things not in themselves obligatory, the Imam of the Two Sanctuaries (A: Juwayni), Ghazali, and others say that learning their means and conditions is personally obligatory for anyone who wants to do them.  It has also been said that one should not call this knowledge "personally obligatory," but rather say, "It is unlawful to undertake them until one knows the conditions for their legal validity." And this expression is more accurate.

@A4.5: When One Must Learn Rites and Duties

It is obligatory for one to know what is permissible and what is unlawful of food, drink, clothing, and so forth, of things one is unlikely to be able to do without. And likewise for the rulings on treatment of women if one has a wife.

@A4.6: How Much One Must Teach One's Children

Shafi'i and colleagues (Allah have mercy on them) say that fathers and mothers must teach their children what will be obligatory for them after puberty. The guardian must teach the child about purification, prayer, fasting, and so forth; and that fornication, sodomy, theft, drinking, lying, slander, and the like are unlawful; and that he acquires moral responsibility at puberty and what this entails.   It has been said that this education is merely recommended, but in fact it is obligatory, as the plain content of its scriptural basis (n: mentioned below) shows. Just as it is mandatory for a guardian to wisely manage his charge's property, this is even more important. The merely recommended is what exceeds this, such as teaching him the Koran, Sacred Law, etiquette, and teaching him what he needs to earn a living.

The evidence for the obligation of teaching a young child is the word of Allah Mighty and Majestic,

"O you who believe, protect yourselves and families from a fire" (Koran 66:6).

'Ali ibn Abi Talib (Allah be well pleased with him), Mujahid, and Qatada say it means. "Teach them that with which they can save themselves from hell,"

@A4.7: Knowledge of the Heart

As for knowledge o the heart, meaning familiarity with the illness of the heart such as envy, pride, and the like (dis:book p.r. and s).  Ghazali has said that knowledge of their definitions, causes, remedy, and treatment is personally obligatory. (A: And this is what Ghazali meant when he said that Sufism (Tasawwuf, dis:w9) is personally obligatory for every Muslim. He did not mean that taking a way (tariqa) and sheikh are obligatory, but rather the elimination of unlawful inner traits, which one could conceivably accomplish through the companionship of a single sincere brother.)

Others hold that if the morally responsible individual is endowed with a heart free of all these unlawful diseases, it suffices him, and he is not obliged to learn what will cure them. But if not safe from them he must reflect: if he can purify his heart from them without instruction then he must purify it, just as he must shun fornication and the like without learning the evidence proving he must. But if he cannot rid himself of these unlawful traits except through learning the above mentioned knowledge, then he is personally obliged to. And Allah knows best (al-Majmu' (y 108), 1.24-26).

*2*Chapter A5.0: Communally Obligatory Knowledge

@A5.1: Religious Sciences

(Nawawi) The second category (in of Sacred Knowledge) is what is communally obligatory (fard al-kifaya, def:c3.2), namely the attainment of those Sacred Sciences which people cannot do without in practicing their religion, such as memorizing the Koran and hadith, their ancillary disciplines, methodological principles, Sacred Law, grammar, lexicology, declension, knowledge of hadith transmitters, and of scholarly consensus (ijma'. def:b7) and nonconsensus.

@A5.2: This-Worldly Knowledge

As for learning which is not Sacred Knowledge but is required to sustain worldly existence, such as medicine and mathematics, it too is a communal obligation (ibid.,1.26).

*2*Chapter A6.0: Recommended Knowledge

@A6.1

(Nawawi:) The third category is the supererogatory (def: c4.2), such as in-depth research into the bases of evidences, and elaboration beyond the amount required by the communal obligation, or such as an ordinary Muslim learning the details of nonobligatory acts of worship for the purpose of performing them; though not the work of scholars in distinguishing the obligatory from the nonobligatory, which is a communal obligation in respect to them. And Allah knows best (ibid, 1.27).

*2*Chapter A7.0: Subjects that are Not Sacred Knowledge

@A7.1 (Nawawi:) Having mentioned the categories of Sacred Knowledge the subjects it excludes are those that are unlawful offensive, or permissible.

@A7.2: Unlawful Knowledge

Unlawful knowledge includes:

-1- learning sorcery (dis: p3), since according to the most reliable position, it is unlawful, as the vast majority of scholars have decisively stated:

-2- philosophy (dis:w10);

-3- magic (Sha`badha, meaning sleight of hand, etc.);

-4- astrology (dis:p41);

-5- the sciences of the materialists (dis:w11).

-6- and anything that is a means to create doubts (n: in eternal truths), Such things vary in their degree of unlawfulness.

@A7.3: Offensive Knowledge

Offensive knowledge includes such things as post-classical poetry which contains romance and uselessness.

@A7.4: Permissible Knowledge

Permissible knowledge includes post-classical poetry which does not contain stupidity or anything that is offensive, incites to evil, hinders from good; not yet that which urges one to do good or helps one to do it (n: as the later would be recommended) (ibid., 1.27).

*1*BOOK B: THE VALIDITY OF FOLLOWING QUALIFIED SCHOLARSHIP

@CONTENTS:

Introduction b1.0

Meaning of Qualified Scholarship b1.2

The Koranic Evidence for Following Scholars b2.0

The Practice of the Prophetic Companions (Sahaba) b3.0

Religion Was Only Taken from Some Companions b3.2

Those Giving Opinions Did Not Mention Evidence b3.3

Prophet Dispatched Scholars to Various Peoples b3.4

Succeeding Generations Followed Companions Example b3.5

The Rational Evidence for  Following Specialists b4.0

The Obligatoriness of Following Qualified Scholarship b5.0

Mujtahid's Opinion Is Evidence to Nonspecialists b5.1

Why Qualified Scholars Differ on Legal Questions b6.0

Probabalistic Versus Unquestionable Evidence b6.1

Example of a Question on which Scholars Differ b6.2

Scholarly Consensus (Ijma) b7.0

Meaning of Consensus b7.1

Scholarly Consensus Is Legally Binding b7.2

Koranic evidence b7.3

Hadith evidence b7.4

Scholarly Consensus and the Four Sunni Schools b7.5

Why one may not follow other than the four schools b7.6

*2*Chapter B1.0: Introduction

@B1.1

(Muhammad sa'id Buti:) What is the proof that it is legally valid and even obligatory to accept the authority of qualified scholarship (taq lid) when one is not capable of issuing expert legal opinion (ijtihad) on matters of Sacred Law? There are several aspects to it (n: discussed in the sections that follow) (al-Lammadhhabiyya akhtar bid a tuhaddidu al-sharia al-Islamiyya (y33), 70).

@B1.2: Meaning of Qualified Scholarship

(n:) For the key term qualified to issue expert legal opinion (Ar. mujtahid. this ability being ijtihad) please turn to book o and read o22.1(d) the qualifications of an Islamic judge (qadi).  The difference between the qualifications for the Imam of a school and those for a judge or a mufti is that the former's comptence in giving opinion is absolute, extending to all subject matters in the Sacred Law, while the competence of the judge or mufti is limited respectively to judging court cases or to applying his Imam's ijtihad to particular questions.

No age of history is totally lacking people who are competent in ijtihad on particular questions which are new, and this is an important aspect of Sacred Law to provide solutions to new ethical problems by means of sound Islamic legal methodology in applying the Koranic and hadith primary texts. But while in this specific sense the door of ijtihad is not and cannot be closed, Islamic scholarship has not accepted anyone's claims to absolute ijtihad since Imams Abu Hanifa Malik, Shafi'i, and Ahmad. If one studies the intellectual legacy of these men underscholars who have a working familiarity with it, it is not difficult to see why.

As for those who decry "hidebound conservatism" and would open the gate of ijtihad for themselves while lacking or possibly not even knowing the necessary qualifications, if such people have not studied the rulings of a particular school and the relation between these rulings, the Koranic and hadith primary texts, and the school's methodological principles, they do not know how ijtihad works from an observer's standpoint, let alone how to employ it. To ask them for example which of two equally authenticated primary texts that conflict on a legal question should be given precedence, and why, is like asking an aspiring drafting student for the particulars of designing a suspension bridge. Answers may be forthcoming, but they will not be the same as those one could get from a qualified contractor. To urge that a mujtahid is not divinely protected from error (ma'sum) is as of little relevance to his work as the fact that a major physicist is not divinely protected from simple errors in calculus; the probability of finding them in his published work is virtually negligible. Regarding other, long-dead schools, such as the Zahiriyya, the difference between their work and that of the four living schools is firstly one of quality, as their positions and evidence have not been re-examined and upgraded by succeeding generations of first-rank scholars like those of the four schools (dis:w12), and secondly the lack of verification of the actual positions of their Mujtahid's through reliable chains of transmitters, as described below at b7.6.

*2*Chapter B2.0: The Koranic Evidence for Following Scholars

@B2.1

(Muhammad Sa'id Buti;) The first aspect of it is the word of Allah the Majestic.

"Ask those who recall if you know not" (Koran 16:43).

By consensus of all scholars (ijma.def:b7), this verse is an imperative for someone who does not know a ruling in Sacred Law or the evidence for it to follow someone who does. Virtually all scholars of fundamentals of Islamic law have made this verse their principle evidence that it is obligatory for the ordinary person to follow the scholar who is a mujtahid.

@B2.2

Similar to the above verse in being evidence for this is the word of Allah Most High:

"Not all of the believers should go to fight. Of every section of them, why does not one part alone go forth, that the rest may gain knowledge of the religion to admonish their people when they return, that happily they may take warning" (Koran 9:122).

Allah Most High prohibited the people to go out altogether in military expeditions and jihad and ordered a segment of them to engagse solely in becoming knowledgeable in the religion of Allah, so that when their brothers returned to them, they would find someone qualified to give them legal opinion on the lawful and unlawful and to explain the rule of Allah the Glorious and Exalted (ibid., 71).

*2*Chapter B3.0: The Practice of the Prophetic Companions (Sahaba)

@B3.1

(Muhammad Sa'id Buti:) A second aspect is the consensus of scholars that the Companions of the Prophet (Ar. Sahaba, anyone who personally met the Prophet (Allah bless him and give him peace) and died while believing in Islam) were at various levels of knowledge in religion; not all of them were capable of giving formal legal opinion (fatwa), as Ibn Khaldun has noted, nor was the religion taken from all of them.

@B3.2: Religion Was Only Taken from Some Companions

Rather, there were those of them capable of legal opinion and ijtihad and these were a small minority in relation to the rest, and there were those of them who sought legal opinion and followed others therein, and these were the vast majority of them. (n: Suyuti, in Tadrib al-rawi, quotes Ibn Hazm's report that most of the Companions legal opinions came from only seven of them:'Umar, Ali, Ibn Mas'ud, Ibn Umar Ibn Abbas, Zayd ibn Thabit, and Aisha; and this was from thousands of the Companions (Tadrib al-rawi fi sharh Taqrib al-Nawawi(y109), 2,219). )

@B3.3: Those Giving Opinions Did Not Mention Evidence

Nor did the individual Companion giving a legal opinion necessarily mention the evidence for it to the person who had asked about it, Al-Amidi notes in his book al-lhkam: "As for scholarly consensus [ijma dis: b7.2] it is that ordinary people in the times of the Companions and those who immediately followed them, before there were dissenters, used to seek the opinion of mujtahids and would follow them in rules of Sacred Law.

"The learned among them would unhesitatingly answer their questions without alluding to mention of evidence. No one censured them for doing this; a fact that establishes scholarly consensus on the absolute permissibility of the ordinary person following one capable of ijtihad."

@B3.4: Prophet Dispatched Scholars to Various Peoples

The Prophet (Allah bless him and give him peace) used to dispatch the most knowledgeable of the Companions to places whose inhabitants knew nothing more of Islam than its five pillars. The latter would follow the person sent to them in everything he gave his judgment upon and had them do, of works, acts of worship, dealing with one another, and all matters of the lawful and unlawful.

Sometimes such a person would come across a question on which he could find no evidence in the Koran or sunna, and he would use his own personal legal reasoning and furnish them an answer in light of it, and they would follow him therein.

@B3.5: Succeeding Generations Followed Companions Example

As for the era of those who came after them (Ar. tabi'in, those who had personally learned from one or more of the Companions but not the Prophet himself (Allah bless him and give him peace) ), the scope f legal reasoning had expanded, and the Muslims of this time followed the same course as had the Companions of the Prophet (Allah bless him and give him peace), except that the legal efforts were represented by the two main schools of thought, that of juridical opinion (ra'y) and that of hadith (n: the former in iraq, the latter in Medina) because of the methodological factors we previously mentioned

when we quoted Ibn Khaldun.

There were sometimes discussions and sharp disputes between leading representatives of the two schools, but the ordinary people and learners not at the main figures' level of understanding were unconcerned with this disagreement, and followed whomever they wanted or whomever was near to them without anyone censuring them for this (al-Lamadhhabiyya akhtar bid'a tuhaddidu al-shari'a al-Islamiyya (y33), 71-73).

*2*Chapter B4.0: The Rational Evidence for Following Specialists

@B4.1

(Muhammad Sa'id Buti:) A third aspect is the obvious rational evidence, which we express in the words of Sheikh `Abdullah Diraz, who says: "The logical proof is that, assuming that a person does not have the qualifications for ijtihad, when an instance of a particular religious ruling arises, he will either not worship by any means at all, which all concur is impermissible, or, if he worships by means of something, it will either be by examining the proof that verifies the ruling or by following a competent authority.

"The former is inadmissible because it would lead, in respect to him and all others like him, to in-depth examination of the evidences for all such instances, preoccupation with which would obviate the earning of livelihoods, disrupting trades and occupations, running the world by neglect of tillage and offspring, and preventing any one's following another's ijtihad, placing everyone under the most extreme hardship. The sole remaining alternative is to follow another, which is the means through which one must worship in such a case" (ibid.,73).

*2*Chapter B5.0: The Obligatoriness of Following Qualified Scholarship

@B5.1: Mujtahid's Opinion Is Evidence to Nonspecialists

(Muhammad sa'id Buti:) Because scholars accept the evidence from Koran, sunna, and reason as complete and intersubstantiative that the ordinary person or learned one not at the level of textual deduction and ijtihad is not entitled but to follow a qualified mujtahid who has a comprehensive grasp of the evidence -they say that a formal legal opinion (fatwa) from a mujtahid is in relation to the ordinary person just as a proof from the Koran and sunna is in relation to the Mujtahid for the Koran just as it obligates the scholar throughly versed in it to hold to its evidences and proofs, also obligates (n:in the verse quoted above at b2.1) the uninformed person to adhere to the formal legal opinion of the scholar

and his ijtihad (ibid.,73). 

*2*Chapter B6.0: Why Qualified Scholars Differ on Legal Questions

@B6.1: Mujtahid's Opinion Is Evidence to Nonspecialists

(Salih Mu'adhdhin:) Muslims of the Sunna and Community are in agreement that we have arrived at all the rulings of Sacred Law through evidence that is either of unquestionably established transmission (qat'i al-wurud) or probabilistically established transmission (zanni al-wurud).  The suras of the Koran, all of its verses, and those hadiths which have reached us by so many channels of transmission that belief in them is obligatory (mutawatir,def:o22.1(d(II) ) ) are all of unquestionably established transmission, since they have reached us by numerous means, by generation from generation, whole groups, from whole groups such that it is impossible that the various channels could all have conspired to fabricate them.

As for the evidentiary character of these texts, regardless whether they are of unquestionably or probabilistically established transmission, they are of two types. The first type, unquestionable as evidence (qat'i al-dalala), is a plain text that does not admit of more than one meaning, which no mind can interpret beyond its one meaning, which no mind can interpret beyond its one meaning, and which there is no possibility to construe in terms of other than its apparent sense. This type includes Koranic verses that deal with fundamental tenets of faith in the oneness of Allah, the prayer, zakat, and fasting; in none of which is there any room for disagreement, nor have any differences concerning them been heard of or reported from the Imams of Sacred Law. Everything in this category is termed unquestionable as evidence.

The second type, probabilistic as evidence (zanni al-dalala), is a text that can bear more than one meaning, whether because it contains a word that can lexically have two different meanings, or because it was made by way of figure of speech or metaphor, or because it can be interpreted in other than its apparent sense in the context without this contradicting what was intended by the Wise Lawgiver. It is here that we find scope for scholarly difference of opinion to a greater or lesser extent depending on the number of meanings a text can imply, how much interpretation it will bear, and so forth.

All of the derivative rulings of Sacred Law are of this type, probabilistic as evidence, so we naturlly find differences among Islamic legal scholars as to their interpretation, each scholar interpreting them according to his comprehension and the broadness of his horizons, while not giving the text a reading it does not imply, and then corroborating his interpretation with evidence acceptable to scholars. Scholarly differences are thus something natural, even logically necessary, as a result of the factors we have just described.

Allah Mighty and Majestic has willed that most texts of the Sacred Law be probabilistic as evidence because of a wisdom He demands, namely, to give people more choice and leave room for minds to use ijtihad in understanding His word and that of His messenger (Allah bless him and give him peace). 

@B6.2: Example of a Question on which Scholars Differ

We conclude this short summary with an example to clarify what we have said. Consider the word of Allah.

"Divorced women shall wait by themselves for three periods" (Koran 2:228).

as opposed to His saying, in the same sura,

"Those who forswear their women have a wait of four months"(Koran 2:226).

Allah's saying "three" in the former and "four" in the latter are texts that are decisive as evidence, in that neither admits of more than one interpretation, namely, the well-known numbers.

But in contrast with this, when Allah says "periods" (Ar.quru') in the first, and "months"(ashhur) in the second, we find that the former word can have more than one sense in its Arabic lexical root meaning, while months cannot, the latter being decisive in meaning and incapable of bearing another interpretation. Concerning this question, Imam Qurtubi says in his Koranic exegesis: "Scholars differ about the word periods. Those of kufa hold that it means menstrual periods, and this is the position of 'Umar, 'Ali, and Ibn Mas'ud. But those of the Hijaz hold it means the intervals of purity between menstrual periods, and this is the view of `A' isha, Ibn `Umar, and Shafi'i."

Considering this, is it not natural that there should be various opinions about understanding the verse "three periods" but only one about understanding Allah's saying "four months"? If Allah had wanted all opinions to coincide on this question. He might have said for example, "three menstrual periods" (hiyad) or

"three intervals of purity between menstrual periods" (athar), just as He said "four months." And all the texts of Sacred Law that can bear more than one meaning are comparable to this example ('Umdat al-salik (y90).  11-13).

*2*Chapter B7.0: Scholarly Consensus (Ijma`)

@B7.1: Meaning of Consensus

('Abdal-Wahhab Khallaf:) Scholarly consensus (ijma') is the agreement of all the mujtahids (def:o22.1(d) ) of the Muslims existing at one particular period after the Prophet's death (Allah bless him and give him peace) about a particular ruling regarding a matter or event. It may be gathered from this that the integral elements of scholarly consensus are four, without which it is invalid:

(a) that a number of mujtahids exist at a particular time:

(b) that all mujtahids of the Muslims in the period of the thing or event agree on its ruling, regardless of their country, race, or group, though nonmujtahids are of no consequence;

(c) that each mujtahid present his opinion about the matter in an explicit manner, whether verbally, by giving a formal legal opinion on it, or practically, by giving a legal decision in a court case concerning it;

(d) and that all mujtahids agree on the ruling, for if a majority of them agree, consensus is not effected, no matter how few those who contradict it, nor how many those who concur.

@B7.2: Scholarly Consensus Is Legally Binding

When the four necessary integrals of consensus exist, the ruling agreed upon is an authoritative part of Sacred Law that is obligatory to obey and not lawful to disobey. Nor can mujtahids of a succeeding era make the thing an object of new ijtihadm because the ruling on it, verified by scholarly consensus, is an absolute legal ruling which does not admit of being contravened or annulled.

@B7.3: Koranic evidence

The proof of the legal authority of scholarly consensus is that just as Allah Most Glorious has ordered the believers, in the Koran, to obey Him and His Messenger, so too He has ordered them to obey those of authority (ulu al-amr) among them, saying,

"O you who believe, obey Allah and obey the Prophet and those of authority among you" (koran 4:59).

such that when those of authority in legal expertise, the Mujtahids, agree upon a ruling, it is obligatory in the very words of the Koran to follow them and carry out their judgement.

And Allah threatens those who oppose the Messenger and follow other than the believers' way, saying,

"Whoever contraverts the Messenger after guidance has become clear to him and follows other than the believers' way, We shall give him over to what he has turned to and roast him in hell, and how evil an outcome" (Koran 4:115).

@B7.4: Hadith Evidence

A second evidentiary aspect is that a ruling agreed upon by all the mujtahids in the Islamic Community (Umma) is in fact the ruling of the Community, represented by its mujtahids, and there are many hadiths that have come from the Prophet (Allah bless him and give him peace), as well as quotes from the Companions, which indicate that the Community is divinely protected from error, including his saying (Allah bless him and give him peace) :

-1- "My Community shall not agree on an error."

-2- "Allah is not wont to make my Community concur on misguidance."

-3- "That which the Muslims consider good, Allah considers good." (`Ilm usul al-fiqh (y71), 45-47)

@B7.5: Scholarly Consensus and the Four Sunni Schools

(n: Another hadith that scholars quote in connection with the validity of scholarly consensus is the following, given with its commentary.)

The Prophet (Allah bless him and give him peace) said,

"Allah's hand is over the group, and whoever dissents from them departs to hell."

"Allah's hand is over the group, and whoever dissents from them departs to hell."

Allah's hand is over the group (al-`Azizi:) Munawi says, "Meaning His protection and preservation of them, signifying that the collectivity of the people of Islam are in Allah's fold, so be also in Allah's shelter, in the midst of them, and do not separate yourselves from them. "The rest of the hadith, accordng to the one who first recorded it (n: Tirmidhi), is, and whoever dissents from them departs to hell.

Meaning that whoever diverges from the overwhelming majority concerning what is lawful or unlawful and on which the Community does not differ has slipped off the path of guidance and this will lead him to hell (al-Siraj al-munir sharh al-Jami' al-saghir (y18), 3.449).

@B7.6: Why One May Not Follow Other Than the Four Schools

(n: In addition to its general interest as a formal legal opinion, the following serves in the present context to clarify why other than the four Sunni schools of jurisprudence do not necessarily play a role in scholarly consensus.) (`Abd al-Rahman Ba'alawi:) Ibn Salah reports that there is scholarly consensus on its being unlawful to follow rulings from schools other than those of the four Imams, meaning in one's personal works, let alone give court verdicts or formal legal opinions to people from the, because of the untrustworthiness of the ascription of such rulings to the scholars who reportedly gave them, there being no channels of transmission which obviate the possibility of textual corruption and spurious substitutions.

The Zaydis, for example, who trace themselves to Zayd ibn 'Ali Husayn (n:son of 'Ali and Fatima), the beatitude of Allah be upon them, despite the fact that Zayd was one of Imams of the religion and a renowned figure well qualified to give guidance to those seeking it, his followers identify him with extreme permissiveness on many questions, ascriptions based on failure to check as to what his positions actually were (n: by naming the intermediate transmitters and establishing their reliability).  It is quite otherwise with the four schools, whose Imams (Allah reward them) have spent themselves in checking the positions of their schools, explaining what could be rigorously authenticated as the position of the person it was attributed to, and what could not be. Their scholars have thus achieved safety from textual corruption and have been able to discern the genuine from the poorly authenticated (Bughya al-mustarshidin fi talkhis fatawa ba'd al-a'imma min al-muta'akhkhirin (y19), 8).

*1*BOOK C: THE NATURE OF LEGAL RULINGS

@CONTENTS:

Kinds of Rulings cl.0

Meaning of a Legal Ruling c1.1

Injunctive Rulings c1.2

Stipulative Rulings c1.3

Types of Human Act c2.0

Obligatory c2.1

Recommended or Sunna c2.2

Permissible c2.3

Offensive c2.4

Unlawful c2.5

Minor sins c2.5(1)

Enormities c2.5(2)

Unbelief   c2.5(3)

Ruling of an Act Varies with the Situation c2.6

Obligatory Acts c3.0

Time-Restricted Versus Non-Time-Restricted c3.1

Personally Obligatory Versus Communally Obligatory c3.2

Acts of Defined Amount Versus Undefined Amount c3.3

Specific Obligation Versus Alternatives c3.4

Recommended Acts c4.0

Confirmed Sunnas (Sunna Mu'akkada) c4.1

Supererogatory Works c4.2

Desirable Acts c4.3

Unlawful Acts c5.0

Unlawful in Itself Versus Extrinsically Unlawful c5.1

Dispensation (Rukhsa) and Strictness ('Azima) c6.0

Strictness c6.1

Dispensation c6.2

Interschool Differences Considered As Dispensations c6.3

Conditions for Following Another School c6.4

Way of Greater Precaution in Religion c6.5

Things One May Be Held Legally Responsible For c7.0

Conditions of a Valid Legal Responsibility c7.1

Legal Responsibility Lifted by Hardship c7.2

Who May Be Held Legally Responsible c8.0

Intellect and Puberty c8.1

Eligibility for Rights and Duties c8.2

Eligibility for Acts of Legal Consequence c8.3

Lack of eligibility c8.3(1)

Partial eligibility c8.3(2)

Full eligibility and events that modify it c8.3(3)

*2*Chapter C1.0: Kinds of Rulings

@C1.1: Meaning of a Legal Ruling

('Abd al-Wahhab Khallaf:) A legal ruling is a statement from the Lawgiver (syn. Allah or His messenger (Allah bless him and give him peace) ) concerning the acts of those morally responsible which:

-1- requires something;

-2- allows a choice;

-3- or gives stipulations.

@C1.2: Injunctive Rulings

An injunctive ruling is one that enjoins the morally responsible individual to either do or refrain from an act, or gives him an option to do or refrain from it.

An example of enjoining one to do an act is Allah's saying,

"People owe Allah to make pilgrimage to the House" (Koran 3:97).

An example of enjoining one to refrain from an act is His saying,

"Let no people mock another people" (Koran 49:11).

And an example of giving an option to do or refrain from an act is His saying,

"When the prayer is finished, go forth in the land" (Koran 62:10).

@C1.3: Stipulative Rulings

As for stipulatory rulings, they entail that something is made a legal reason (sabab) for another thing, a condition (shart) for it, or a preventive (mani) of it.

An example of being stipulated as reason for something is Allah's saying,

"O believers, when you go to pray, wash your faces and wash your forearms to the elbows" (Koran 5:6),

which stipulates wanting to pray as a reason for the obligation of performing ablution (wudu).

An example of something being made a condition for another thing is His saying.

"People owe Allah to make pilgrimage to the House, whoever is able to find a way" (Koran 3:97),

which implies that the ability to get to the House (n: Kaaba) is a condition for the obligatoriness of one's pilgrimage. Another example is the Prophet's saying (Allah bless him and give him peace),

"There is no marriage unless there are two witnesses,"

which means the presence of two witnesses is a condition for the validity of a marriage.

An example of being made a preventive of something is the Prophet's saying (Allah bless him and give him peace),

"The killer does not inherit,"

which entails that an heir's killing the deceased is preventive of his inheriting an estate division share from him ('Illm usul al-fiqh (y71), 100-102).

*2*Chapter C2.0: Types of Human Act

@C2.1: Obligatory

(N:) The obligatory (fard) is that which the Lawgiver strictly requires be done, Someone who performs an obligatory act out of obedience to Allah is rewarded, while a person who refrains from it without excuse deserves to be punished.

(A: In the Shafi'i school there is no difference between obligatory (fard) and requisite (wajib) except in the pilgrimage, where nonperformance of a requisite does not invalidate the pilgrimage, but necessitates an expiation by slaughtering. For any conditions necessary for its validity and all of its integrals (rukn, pl. arkan) are obligatory, since it is unlawful to intentionally perform an invalid act of worship.)

@C2.2: Recommended or Sunna

The sunna (n: or recommended (mandub) ) is that which the Lawgiver asks be done, but does not strictly require it. Someone who performs it out of obedience to Allah is rewarded, though someone who refrains from it is not punished.

@C2.3: Permissible

The permissible (mubah) is what the Lawgiver has neither requested nor prohibited, so the person who does it is not rewarded or punished. Rather, doing or not doing it are equal, though if a person does it to enable him to perform an act of obedience to Allah, or refrains from it for that reason, than he is rewarded for it. And if he does such an act to enable him to perform an act of disobedience, he is sinning.

@C2.4: Offensive

The offensive (makruh) is that which the Lawgiver has interdicted but not strictly forbidden. A person who refrains from such an act out of obedience to Allah is rewarded, while the person who commits it does not deserve to be punished.

@C2.5: Unlawful

The unlawful (haram) is what the Lawgiver strictly forbids. Someone who commits an unlawful act deserves punishment, while one who refrains from it out of obedience to the command of Allah is rewarded.

(n: Scholars distinguish between three levels of the unlawful:

-1- minor sins (saghira, pl. sagha'ir), which may be forgiven from prayer to prayer, from one Friday prayer (jumu'a) to another, and so forth, as in mentioned in hadith;

-2- enormities (kabira, pl. kaba'ir), those which appear by name in the Koran or hadith as the subject of an explicit threat, prescribed legal penalty, or curse, as listed below at book p;

-3- and unbelief (kufr), sins which put one beyond the pale of Islam (as discussed at o8.7) and necessitate stating the Testification of Faith (Shahada) to reenter it.

Repentance (def: p77) is obligatory for all three (al-Zawajir 'an iqtiraf al-kaba'ir (y49), 1.5-9). )

@C2.6: Ruling of an Act Varies with the Situation

(Nawawi:) There is no doubt that the merit of an act varies. Fasting, for example, is unlawful on 'Eid Day, obligatory before it, and recommended after it. The prayer is highly desirable most of the time, but offensive at some times and situations, such as when restraining oneself from using the lavatory. Reciting the Koran is desirable, but offensive when bowing in the desirable, but offensive when bowing in the prayer or prostrating. Dressing one's best is good on the 'Eid or on Friday, but not during the drought prayer. And so forth.

Abul Qasim al-Junayd (Allah have mercy on him) said, "A sincere person changes forty times a day, while the hypocritical show-off stays as he is forty years."

The meaning of this is that the sincere person moves with what is right, wherever it may lead, such that when prayer is deemed better by the Sacred Law, then he prays, and when it is best to be sitting with the learned, or the righteous, or guests, or his children, or taking care of something a Muslim needs, or mending a broken heart, or whatever else it may be, then he does it, leaving aside what he usually does. And likewise for fasting, reciting the Koran, invoking Allah, eating or drinking, being serious or joking, enjoying the good life or engaging in self-sacrifice, and so on. Whenever he sees what

is preferred by the Sacred Law under the circumstances, he does it, and is not bound by a particular habit or kind of devotion as the show-off is. The Prophet (Allah bless him and give him peace) did various things of prayer, fasting, sitting for Koran recital and invocation, eating and drinking, dressing, riding, lovemaking with his wives, seriousness and jest, happiness and wrath, scathing condemnation for blameworthy things, leniency in punishing those who deserved it and excusing them, and so on, according to what was possible and preferable for the time and circumstances (al-Majmu' (y108), 1.17-18).

*2*Chapter C3.0: Obligatory Acts

@C3.1: Time-Restricted Versus Non-Time-Restricted

('Abd al-Wahhab khallaf:) Obligatory acts are distinguished in four ways, according to various considerations.

One distinction is whether current performance is time-restricted or non-time-restricted.

A time-restricted obligatory act is one the Lawgiver demands be done at a particular time, such as the five obligatory prayers, for each of which the time for current performance is set, such that the particular prayer is not obligatory before it, and the individual is guilty of serious sin if he delays it past its time without excuse.

A non-time-restricted obligatory act is one which the Lawgiver strictly demands, but does not specify a time for its current performance, such as the expiation obligatory for someone who swears and oath and breaks it (def: 020).

@C3.2: Personally Obligatory Versus Communally Obligatory

A second distinction between obligatory acts is made on the basis of who is called upon to perform them, namely whether an act is personally obligatory or communally obligatory.

A personally obligatory (fard al-'ayn) act is what the Lawgiver requires from each and every morally responsible person. It is insufficient for someone to perform such an act on another's behalf, such as the prayer, zakat (def: h1.0), pilgrimage, keeping agreements, and avoiding wine or gambling.

A communally obligatory (fard al-kifaya) act is what the Lawgiver requires from the collectivity of those morally responsible, not from each one of them, such that if someone undertakes it, then the obligation has been fulfilled and the sin and responsibility (n: of nonperformance) is lifted from the rest, while if no one undertakes it, then all are guilty of serious sin for neglecting the obligation, Examples include commanding the right and forbidding the wrong (def: book q), praying over the dead, building hospitals, lifesaving, fire fighting, medicine, industries people require, the existence of Islamic courts and judges, issuing formal legal opinions, responding to someone who says "as-Salam 'alaykum," and testifying in court. The Lawgiver requires that these obligatory acts exist in the Islamic Community regardless of who does them. But He does not require they be done by each person, or some particular one, since the interests of the Community are realized by the existence of these things through the efforts of some of those morally responsible, and do not entail every particular person's performance of them.

Someone able through himself or his property to perform the communally obligatory act is obliged to perform it, and someone unable to do it himself is obliged to urge and have the person do it who can. If the obligatory act is done, all are cleared of the sin, and if neglected all the guilty of serious sin. The person capable of it is guilty because he neglected a communally obligatory act he could have done, and the rest are guilty because they neglected to urge him and have him perform the obligatory act he was capable of.

When an individual is the only one available who can perform a communally obligatory act, it becomes personally obligatory for him.

@C3.3: Acts of Defined Amount Versus Undefined Amount

A third way Obligatory acts are distinguished is by the amount of them required, that is, whether the act is of a defined amount or an undefined amount.

Obligatory acts of defined amount are those for which the Lawgiver has determined a particular quantity, such that the subject is not free of the obligation until he has done the amount stipulated by the Lawgiver, as with the five obligatory payers, or zakat.

Obligatory acts of undefined amount are those which the Lawgiver has not stipulated the amount of, but rather demands them from the subject in an undetermined quantity, such as spending in the way of Allah, cooperating with one another in good works, feeding the hungry, helping those in distress, and so forth.

@C3.4: Specific Obligation Versus Alternatives

A fourth distinction between obligatory acts is whether an act is a specific obligation, or an obligation to choose between certain alternatives.

Specific obligations are those in which the Lawgiver demands the act itself, such as the prayer, fasting in Ramadan, paying for merchandise, rent from a tenant, or returning something wrongfully taken; such that the individual is not free of the obligation until he does that very act.

An obligation to choose between certain alternatives is when the Lawgiver requires the performance of one of a given number of actions, such as one of the options in expiating a broken oath, where Allah Most High requires the person who has broken his oath to feed ten poor people, clothe them, or free a slave ('abd,def:w13), and the obligation consists of doing any of these three things ('Ilm usul al-fiqh (y71), 106, 108-11).

*2*Chapter C4.0: Recommended Acts

@C4.1: Confirmed Sunnas (Sunna Mu'akkada)

(`Abd al-Wahhab Khallaf:) Recommended acts are divided into three categories.

@C4.2: Supererogatory Works

The first is recommended acts whose demand is confirmed. Someone who neglects such an act does not deserve punishment, but does deserve censure and blame. This includes the sunnas and recommended acts that are legally considered to complete obligatory acts, such as the call to prayer (adhan) or performing the obligatory prayers,in a group, as well as all religious matters that the Prophet (Allah bless him and give him peace) diligently performed and did not omit except once or twice to show that they were not obligatory, like rinsing out the mouth when performing ablution, or reciting a sura or some verses of the Koran after the Fatiha during the prayer. This category is called the confirmed sunna (sunna mu akkada)  or sunna of guidance.

@C4.3: Desirable Acts

The second category is those acts whose performance is sanctioned by sacred Law such that the person who performs them is rewarded, though someone who omits them deserves neither punishment nor blame. This includes acts the Prophet (Allah bless him and give him peace) did not diligently perform, but did one or more times and then discontinued. It also includes all voluntary acts, like spending on the poor, fasting on Thursday of each week, or praying rak'as (units) of prayer in addition to the obligatory and confirmed sunna prayers.

This category is called the extra sunna or supererogatory (nafila).

@C4.4: Superlatively Recommended Acts

The third category consists of the superlatively recommended, meaning those acts considered part of an individual's perfections. It includes following the Prophet (Allah bless him and give him peace) in ordinary matters that proceeded from him as a human being, as when a person eats, drinks, walks, sleeps, and dresses like the Prophet used to. Following the example of the Prophet (Allah bless him and give him peace) in these and similar matters is an excellence and considered among one's refinements, as it shows one's love for the Prophet and great attachment to him. But someone who does not follow the Prophet (Allah bless him and give him peace) in matters like these is not considered a wrongdoer, because they are not part of his lawgiving (A: though such acts are rewarded when one thereby intends to follow the prophet (Allah bless him and give him peace), and every desirable practice one performs means a higher degree in paradise which the person who neglects it may not attain to).

Acts of this category are called desirable (mustahabb), decorum (adab), or meritorious (ibid., 112).

*2*Chapter C5.0: Unlawful Acts

@C5.1: Unlawful in Itself Versus Extrinsically Unlawful

(`Abd al-Wahhab Khallaf:) The unlawful is of two kinds. The first is the originally unlawful in itself, meaning the Sacred Law forbids it from the outset, such as adultery, theft, prayer without ritual purity, marrying a member of one's unmarriageable kin while knowing them to be such, selling unslaughtered dead animals, and so forth, of things that are intrinsicallu unlawful because they entail damage and harm, the prohibition applying from the outset to the very act.

The second is the unlawful because of an extrinsic reason, meaning that the initial ruling of an act was that it was obligatory, recommended, or permissible, but an extrinsic circumstance became linked with it that made it unlawful, such as a prayer performed in a garment wrongly taken, or a sale in which there is fraud, or a marriage whose sole purpose is to allow the woman to remarry her previous husband who has pronounced a threefold divorce against her, or fasting day after day without breaking the fast at night, or an unlawfully innovated divorce (def:n2.3), and so forth, of things unlawful because of an external circumstance. The prohibition is not due to the act itself. But because of something extrinsic to the act; meaning the act is not damaging or harmful in itself, but something has happened to it and become conjoined with it that makes it entail damage or harm.

@C5.2

One consequence of the above distinction is that an intrinsically unlawful act is uncountenanced by the Law to begin with, so it cannot be a legal cause or reason, or form the basis for further legal cosequences, Rather, it is invalid, Because of this, prayer without ritual purity is invalid, marriage to a close unmarriageable relative when one knows them to be such is invalid, and the sale of an unslaughtered dead animal is invalid. And something legally invalid is without other legal efficacy.

But an act that is unlawful because of an extrinsic circumstance is intrinsically lawful, and can thus be a legal reason and form the basis for further legal consequences, since its prohibition is accidental to it and not essential. Because of this a prayer while wearing a garment wrongfully taken is legally valid, though the person is guilty of serious sin for having taken it; a sale in which there is fraud is legally valid (N: though the buyer has the option to cancel the sale and return the merchandise for a full refund); and an unlawfully innovated divorce is legally effective.

The reason for this is that the prohibition of an act because of an extrinsic event or circumstance does not vitiate either the basis of its being a legal cause or its identity, provided all its integrals and conditions exist. As for intrinsic unlawfulness, it negates the basis of an act's being a legal cause and vitiates its identity by the nonexistence of one of its integrals or conditions, so that it is no longer something that is of legal consideration (ibid., 113-14).

*2*Chapter C6.0: Dispensation (Rukhsa) and Strictness ('Azima)

@C6.1: Strictness

(`Abd al-Wahhab khallaf:) Strictness is what Allah initially legislates, of general rulings not concerned with one circumstance rather than another, or one individual rather than another.

@C6.2: Dispensation

Dispensation is when what is normally forbidden is made permissible because of neccessity or need.

For example, if someone is forced to make a statement of unbelief (kufr) it is made permissible, to ease his hardship, for him to do so as long as faith remains firm in his heart. Likewise with someone who is forced to break his fast in Ramadan, or forced to destroy the property of another; the normally prohibited act which he is forced to do becomes permissible for him, to ease the hardship. And it is made permissible for someone forced by extreme hunger or severe thirst to eat from an unslaughtered dead animal or drink wine. (A: The latter is not permissible even under such conditions in the Shafi'i

school) Dispensation also includes being permitted to omit an obligatory act when an excuse exists that makes its performance a hardship (dis: c7.2. second par.) upon the individual. Thus, someone who is ill or travelling in Ramadan is permitted not to fast. And someone who is travelling is permitted to shorten prayers of four rak'as to only two rak'as (ibid., 121-22).

@C6.3: Interschool Differences Considered As Dispensations

(n:) Since it is permissible for a Muslim to follow any of the four Imams in any of his acts of worship, comparison of their differences opens another context from discussing dispensation and strictness, a context in which classical scholars familiar with various schools often use the term "dispensation " to refer to the ruling of the school easiest on a particular legal question, and "strictness" to refer to the ruling of the school that is most rigorous. Which school this is varies from question to question. The following entry discusses how and when it is permissible for ordinary Muslims to use dispensation in the sense of following easier rulings from a different school, while entry c6.5 discusses the way of greater precaution (al-ahwat fi al-din) taken by those Muslims who purposely select the strictest school of thought on each legal question because of its being more precautionary and closer to godfearingness (taqwa).

@C6.4: Conditions for Following Another School

Scholars frequently acknowledge that the difference of the Imams is a mercy, and their unanimity is a decisive proof, Sheikh `Umar Barakat, the commentator of 'Umdat al-salik, says:

"It is permissible to follow each of the four Imams (Allah be well pleased with them), and permissible for anyone to follow one of them on a legal question, and follow a different one on another legal question. It is not obligatory to follow one particular Imam on all legal questions" (Fayd al-llah al-Malik (y27), 1.357).

This does not, however, imply that it is lawful to indiscriminately choose dispensations from each school, or that there are no conditions for the above mentioned permissibility. Imam Nawawi was asked for a formal legal opinion on whether pursuing dispensations in such a manner was permissible;

(Question:) "Is it permissible for someone of a particular school to follow a different school in matters that will be of benefit to him, and to seek out dispensations?"

He answered (Allah be well pleased with him), "It is not permissible to seek out dispensations [A: meaning it is unlawful, and the person who does is corrupt (fasiq) ], and Allah knows best" (Fatawa al-Imam al-Nawawi (y105), 113).

But when forced by necessity or hardship to take such a dispensation (A: even retroactively as when one has finished the action, and then makes the intention to have followed another Imam's school of thought on the question), then there is nothing objectionable in it, provided that one's act of worship together with its prerequisites is valid in at least one of the schools. One may not simply piece together (taliq) constituent parts from various schools in a single act of worship, if none of the schools would consider the act valid. An example is someone who performs an ablution that is minimally valid in the Shafi'i school by wetting only a few hairs of his head in the ablution sequence, something not permitted by Hanafis, and then prays behind an imam without himself reciting the Fatiha, something permitted by Hanafis but not shafiis. His ablution, the necessary condition for his prayer is inadequate in the Hanafi school and his performance of the prayer is inadequate school, with the result that neither considers his prayer valid, and in fact it is not, Whoever follows a ruling mentioned in this volume from another school must observe the conditions given at w14 and make sure his worship is valid in at least one school, which for prayer can best be achieved by performing all recommended measures in the present volume relating to purity, for example, e5,e11, and so on, as if obligatory.

@C6.5: Way of Greater Precaution in Religion

A second way to use differences between schools is to take the way of greater precaution by following whoever is most rigorous on a given question. For example, when performing the purificatory bath (ghusl), rinsing the mouth and nostrils with water is a nonobligatory, sunna measure according to the Shafi'i school, but obligatory and necessary for the purificatory bath's validity according to Hanafis.

The way of greater precaution is for the Shafi'i to perform it as diligently as if it were obligatory, even though omitting it is permitted by his school. (`Abd al-Wahhab Sha'rani:) My brother, when you first hear of the two levels of this scale (n: dispensation and strictness), beware of jumping to the conclusion that there is absolute free choice between them, such that an individual may without restriction choose either dispensation or strictness in any ruling he wishes. It does not befit a person able to perform the stricter ruling to stoop to taking a dispensation permissible to him. (A: The more rigorous is always preferable in the Shafi'i school even when the dispensation is permissible.) For as you know my brother, I do not say that the individual is free to choose between taking the dispensation or taking the stricter ruling when he is able to perform the stricter ruling obligatory for him. I take refuge in Allah from saying such a thing, which is like making a game of religion. Of an absolute certainty, dispensation are only ofr someone unable to perform the stricter ruling, for in such a case, the dispensation is the stricter ruling in relation to him.

Moreover, I hold that mere sincerely and honesty demand of anyone who follows a particular school not to take a dispensation that the Imam of his school holds is permissible unless he is someone who needs to; and that he must follow the stricter ruling of a different Imam when able to, since rulings fundamentally refer back to the word of the Lawgiver, no one else; this being especially necessary when the other Imam's evidence is stronger, as opposed to what some followers do.

We find among the dictums of the Sufis that one should not follows a position in Sacred Law for which the evidence is weaker except when religiously more precautionary than the stronger position.

For example, the Shafi'i opinion that (n:a male's) ablution is nullified by touching a girl who is a child or touching the nails or hair of a woman: though this position is considered weaker by them (n: than the position given at e7.3), it is religiously more precautionary, so performing ablution for the above-mentioned things is better (al-Mizan al-kubra (y1230,:10-11).

(A Because more rigorous rulings necessarily meet the requirements of less rigorous ones (though not vice versa), following more rigorous rulings from another school is unconditionally valied, unlike following its dispensations. And Allah knows best.)

*2*Chapter C7.0: Things One May Be Held Legally Responsible For

@C7.1: Conditions of a Valid Legal Responsibility

('Abd al-Wahhab Khallaf:) Three conditions must exist in any act that it is legally valid to make an individual responsible for. The first is that the act be well enough known to the individual that he can perform it in the way required of him. It should be noted that the individual's knowledge of what he is responsible for means the possibility of his knowing it, not his actual knowledge of it. Whenever a person reaches puberty, of sound mind and capable of knowing the rulings of Sacred Law by himself or by asking those familiar with them, then he is considered to know what he is responsible for, and rulings are carried out on him, their consequences exacted of him, and the excuse of being ignorant of them is not accepted from him.

The second condition is that it is known that the ruling has been imposed by someone who possesses the authority to do so and whose rules the individual is obliged to observe, since it is through this knowledge that the individual's will can be directed to obey him. This is the reason that in any proof for a ruling of Sacred Law the first point discussed is why it is legally binding for individuals.

The third condition is that the act the subject is responsible for be possible and within the capacity of the subject to do or to refrain from. This condition in turn implies two things: first, that it is legally invalid to impose something impossible, whether impossible in itself or impossible because of another thing; and second, that it is invalid to ask that a particular individual be responsible for someone else's performing an act or refraining from one, since someone else's action or inaction is not within the individual's own capacity. Hence, a person is not responsible for his father's paying zakat, his brother's performing the prayer, or his neighbor's refraining from theft. As regards others, all a person is obliged to do is to advise, to command the right and forbid the wrong, for these are acts he is capable of.

Nor is it legally valid to make a person responsible for various innate human states which are the results of natural causes that are not of the person's acquisition or choice, such as emotional arousal when angry; turning red when embarassed; love, hate, grief, elation, or fear when reasons them exist; digestion; breathing; being short or tall, black or white; and other innate traits with which people are born and whose presence or absence is subject to natural laws, not to the individual's will and choice, and which are thus beyond his capacity and not among the things possible for him. And if some primary texts have reached us that apparently show that there is responsibility for some of the things that are not within a person's capacity, these are not as they seem. For example, the order of the Prophet (Allah bless him and give him peace),

"Do not become angry,"

is outwardly an order to refrain from something natural and unacquired, namely, anger when motives for it exist. But the real meaning is "Control yourself when angry and restrain yourself from its bad consequences."

@C7.2: Legal Responsibility Lifted by Hardship

From the condition that an act must be within the individual's capacity before he can be held accountable for it, one should not jump to the conclusion that this implies there will not be any hardship whatsoever for the individual in the act. There is no contradiction between an act's being within one's capacity and its being hard. Nothing a person is responsible for is completely free of hardship, since moral responsibility is being obliged to do that in which there is something to bear with, and some type of difficulty.

Hardship, however, is of two types. The first is that which people are accustomed to bear, which is within the limits of their strength, and were they to continue bearing it, it would not cause them harm or damage to their persons, possessions, or other concerns. The second is that which is beyond what people are accustomed to bear and impossible for them to continually endure because they would be cut off, unable to go on, and damage and harm would affect their persons, possessions, or one of their other concerns. Examples include fasting day after day without breaking it at night, a monastic life, fasting while standing in the sun, or making the pilgrimage on foot. It is a sin for someone to refuse to take a dispensation and insist on the stricter ruling when this will probably entail harm (`Ilm usul al-fiqh (y71), 128-33).

*2*Chapter C8.0: Who May Be Held Legally Responsible

@C8.1: Intellect and Puberty

(`Abd al-Wahhab Khallaf:) Two conditions must exist in an individual for it to be legallly valid to hold him responsible.

The first condition is that he is able to understand the evidence that he is responsible for something, such that it is within his capacity to understand legal texts from the Koran and sunna by which the ruling is imposed, whether by himself of through another (dis: b5.1).  Since human reason is something hidden, unobservable by outward sense perception, the Lawgiver has conjoined responsibility for rulings with something manifest and perceptible to the senses from which reason may be inferred, namely, puberty.

Whoever reaches puberty without showing signs of impaired intellectual faculties, his capacity for responsibility exists. And conversely, neither an insane person nor child are responsible, because of their lack of intellect, which is the means of understanding the evidence that something is a ruling. Nor are those responsible who are in a state of absentmindedness or sleeping, because while they are heedless or asleep it is not within their capacity to understand. The Prophet (Allah bless him and give him peace) said,

"The pen has been lifted from three: the sleeper until he awakens, the child until his first wet dream, and the insane person until he can reason."

The second condition (n:for the legal validity of holding someone responsible) is that he be legally eligible for the ruling. Eligibility is of two types, eligibility for obligation, and eligibility for performance.

@C8.2: Eligibility for Rights and Duties

Eligibility for obligation is the capacity of a human being to have rights and duties. This eligibility is established for every person by the mere fact of being human, whether male, female,fetus, child, of the age of discrimination, adolescent, intelligent, foolish, sane or insane, healthy or ill; because its basis is an innate attribute found in man. Every human being, whoever he or she may be, has eligibility for obligation and none lacks it because one's eligibility for obligation is one's humanness.

There are only two human states in relation to eligibility for obligation, partial and full. One could have partial eligibility for obligation by being entitled to possess rights over others but not have obligations towards them, like a fetus in its mother's womb, which has rights, since it can be an heir, inherit a bequest, and the proceeds of an endowment (waqf) can accrue to it, but it does not have any obligations to others. Full eligibility for obligation means a person has rights upon others and

obligations towards them. Every human being acquires it at birth.

@C8.3: Eligibility for Acts of Legal Consequence

Eligibility for performance is the capacity of an individual for words and actions that are legally significant, such that if an agreement or act proceeds from him, it legally counts and entails the rulings applicable to it. If he prays, fasts, makes the pilgrimage, or does anything obligatory; it is legally acknowleged and discharges the obligation. And if he commits a crime against another's person, possessions, or honor, he is held accountable for his crime and is bodily or financially penalized.

So eligibility for performance is responsibility, and its basis in man is intellectual discrimination.

There are three states which a person may have in relation to eligibility for performance:

-1- A person could completely lack or lose eligibility for performance, like a young child during his childhood or an insane person during his insanity (regardless of his age), neither of whom has eligibility for performance because they lack human reason, and for neither of whom are there legal consequences entailed by their words or actions. Their agreements and legal dispositions are null and void, the limit of which is that if either of them commits a crime against another's person or possessions, he is responsible for paying the indemnity out of his own property, but not subject to retaliation in his own person. This is the meaning of the scholars' expression, "The intentional act of a child or insane person is an honest mistake."

-2- A person could have partial eligibility for performance, an example of which is the child who has reached the age of mental discrimination (def: f1.2) but not puberty (k13.8), or the retarded person, who is not disturbed in intellect nor totally bereft of it, but rather is weak-minded and lacking in intellect, so that the Sacred Law treats him as it does the child with discrimination. Because each of these two possesses the basis of eligibility for performance by the fact of having discrimination, those of their legal actions which are absolutely beneficial to them, such as accepting gifts or alms, are valid without their guardian's permission.

As for those of their legal actions which are wholly harmful to them, such as giving donations or waiving their rights to something, these are not in any way valid, even with the guardian's permission.

The gift, bequest, endowment, and divorce of such persons are not valid, and the guardian's permission is irrelevant to these actions. The legal actions of the child with discrimination or the retarded person which are between absolute benefit and absolute harm to him are valid, but only on condition that the guardian gives his permission for them. If the guardian gives permission for the agreement or disposition, it is implemented, and if he does not permit it, the action is invalid.

-3- Or a person could have full eligibility for performance by the fact of having reached puberty sound of mind.

Events, however, may befall this eligibility. They include those that happen to a person without affecting his eligibility for performance by eliminating or diminishing it, but which alter some rulings concerning him because of considerations and interests that arise through these events, not because of loss or lessening of eligibility for performance. Examples include the foolhardy and the absentminded person. Both have reached puberty with normal intelligence and have full eligibility for performance, but to protect their own property from loss and prevent them from becoming a financial burden on others, they are declared legally incompetent in financial dealings such that neither their financial transactions nor donations are valid. This is not because of a lack or lessening of their eligibility for performance, but rather to protect their own property. A debtor has likewise reached puberty with normal intelligence and possessess full eligibility for performance, but to protect the rights of his creditors, he is declared legally incompetent to make transactions with his money that infringe on the rights of his creditors, such as charitable donations (`Ilm usul al-fiqh (y71) 134-40). 

*1*BOOK D: AUTHOR'S INTRODUCTION TO `UMDAT AL-SALIK

@CONTENTS:

Introduction d1.0

A Description of the Book d1.2

The Title d1.3

*2*Chapter D1.0: Author's Introduction

@D1.1

In the name of Allah, Most Merciful and Compassionate.

Praise be to Allah, Lord of the Worlds. Allah bless our liegelord Muhammad, his folk, and his Companions one and all.

@D1.2: A Description of the Book

This is a summary of the school of Imam Shafi'i (the mercy and bliss of Allah Most High be upon him) in which I have confined myself to the most dependable positions (al-sahih) of the school according to Imam Rafi'i and Imam Nawawi, or according to just one of them. I may mention a difference of opinion herein, this being when their recensions contend (dis: w12), giving Nawawi's position first (0: as he is the foremost reference of the school), and then as opposed to it, that of Rafi'i (n:generally left untranslated because it is the weaker position where mentioned).

@D1.3: The Title

I have named it The Reliance of the Traveller and Tools of the Worshipper.

(O: Reliance means that which is depended upon, since the author meant that this text should be a reliable resource work for whoever goes by it, because it contains the most dependable positions of the school and omits the weak ones.

Traveller (salik) derives from travel (suluk), meaning to proceed along, the allusion being to the spiritual journey, meaning one's seeking knowledge of the rules of religion with seriousness and effort, to thereby reach Allah Most High and be saved from perdition.

Tools are physical instruments their owner depends on in his work, like those of a carpenter. The tools here are knowledge of the rules of Sacred Law found in this text which the validity of worship depends upon.)

@D1.4

I ask Allah to give benefit through it, and He is my sufficiency, and best to rely on.

*1*BOOK E: PURIFICATION

@CONTENTS:

Water e1.0

Legal Categories of Water e1.1

Purifying e1.2

Pure e1.3

Impure e1.4

Only Plain Water Is Purifying e1.5

Used or Changed Water Is Not purifying e1.7

Slight Change Does Not Affect Water e1.8

Water Is Affected by User's Contact e1.9

216 or More Liters of Water (Qullatayn) e1.11

216 Liters Remains Purifying Even After Use e1.11

216 Liters Becomes Impure by Change from Impurities e1.12

216 Liters Becomes Pure If the Change Disappears e1.13

Contact with Filth Makes Under 216 liters Impure e1.15

Reaching 216 Liters Purifies Less Than 216 Liters e1.16

Meaning of Change in Water e1.17

Containers and Utensils e2.0

Unlawfulness of Gold or Silver Vessels and Utensils e2.1

Vessels soldered or decorated with gold or silver e2.2

Using a Toothstick (Siwak) e3.0

Times of Use e3.1

Acceptable Types e3.3

Directions for Use e3.4

The Body e4.0

Sunnas of the Body e4..1

Mustache and beard e4.1(2)

Preferring imitation of non-Muslims to the sunna e4.1(2)

Cutting the Hair e4.2

Circumcision Is Obligatory e4.3

Dyeing Hair, Etc. e4.4

Ablution (Wudu) e5.0

The Six Obligatory Integrals of Ablution e5.1

The Intention e5.2

What one intends e5.2

Intention of Those Incapable of Normal Abultion e5.3

Conditions for the Intention of Ablution e5.4

How to perform Ablution e5.5

The Basmala and Pre-Abultion Supplications e5.5

Washing the Hands e5.6

Cleaning the teeth, rinsing out nose and mouth e5.7

Washing the Face e5.8

Beard and facial hair e5.9

Washing the Arms e5.10

Wiping the Head e5.11

Wiping the ears e5.12

Washing the Feet e5.13

Doubts about Washing a Limb Three Times e5.14

Beginning with the Right, Etc. e5.15

Washing More Than the Obligatory Area e5.16

Washing Without Pause Between Successive Limbs e5.17

Supplication After Ablution e5.18

Other Recommended Measures e5.19

Things Offensive in Ablution e5.24

Minimal Amounts of Water for Ablution and Bathing e5.25

Water-Repellent Substances Prevent Ablution e5.26

Doubts About Having Washed a Part in Ablution e5.27

Renewing Ablution When not Obligatory e5.28

Ablution Recommended After Making Love e5.29

Wiping Footgear e6.0

Duration of Periods of Permissibility e6.1

Major Ritual Impurity (Janaba) During the Period e6.3

Conditions for Permissibility of Wiping Footgear e6.4

How to Wipe Footgear e6.6

When Foot Shows e6.7

The Four Causes of Minor Ritual Impurity (Hadath) e7.0

Anything That Exits from Private Parts e7.1

Loss of Intellect Through Sleep, Etc. e7.2

Sleep while seated e7.2

Contact of Man and Woman's Skin e7.3

Touching Human Private Parts with Hand e7.4

Meaning of hand e7.4

Things That Do Not Nullify Ablution e7.5

Doubts About Whether Ablution Has Been Nullified e7.6

Actions Unlawful During Minor Ritual Impurity (Hadath) e8.0

Touching the Koran Is Unlawful Without Ablution e8.1 (5)

Carrying the Koran, Etc. 38.2

Going to the Lavatory e9.0

Recommended Measures e9.1

Prohibitions e9.2

The Obligation of Cleaning Oneself of Filth e9.3

Use of dry substances or water e9.4

How to clean oneself e9.5

Cleaning before or after ablution e9.6

Major Ritual Impurity (Janaba) e10.0

Causes c10.1

Meaning of Sperm and Female Sexual Fluid e10.4

Things Not considered Sperm e10.5

Doubts About Whether Discharge Is Sperm e10.6

Actions Unlawful on Major Ritual Impurity (Janaba) e10.7

How to Perform the Purificatory Bath (Ghusl) e11.0

Steps e11.1

Obligatory Features e11.1(a)

Nullifying Ablution (Wudu) Before Finishing Bath e11.2

Removing Filth from Body before Bathing e11.3

Performing Bath for Two Reasons at Once e11.4

Times When Purificatory Bath Is Sunna e11.5

Dry Ablution (Tayammum) e12.0

Conditions for Validity e12.1

Takes the Place of Ablution Until Nullified e12.1(3)

Takes the Place of Bath (Ghusl) Until Water Is Found e12.1(3)

The Three Causes of Inability to Use Water e12.2

Lack of Water e12.3

Certainty of getting water at end of prayer time e12.4

Buying water e12.6

Only enough water for partial ablution or bath e12.7

Fear of Thirst e12.8

Illness e12.9

Meaning of illness e12.9

Ablution on a cast or bandage e12.10

Fear of illness from extreme cold e12.14

Ablution When Lacking Both Water and Earth e12.15

Obligatory Integrals of Dry Ablution e12.16

Sunnas of Dry Ablution e12.17

How to wipe arms e12.17(4)

Things Which Nullify Dry Ablution e12.19

Each Dry Ablution Permits Only One Obligatory Prayer e12.20

The Menstrual Period e13.0

Minimal and Maximal Duration e13.1

Dusky-Colored Discharge, Intermittence, Etc. e13.4

Postnatal Bleeding (Nifas) e13.3

Actions Unlawful During Menstruation e13.4

Women with Chronic Vaginal Discharge e13.6

People with Chronic Annulment of Ablution e13.7

Filth (Najasa) e14.0

Things That Are Filth e14.1

Alcohol used in cosmetics, surgery, etc. e14.1(7)

Non-meat products of an unslaughtered animal e14.1(14)

Rennet in Cheese-Making e14.2

Some Pure Substances e14.5

Forms of Filth That Can Become Pure e14.6

Wine becoming vinegar e14.6

Tanning an unslaughtered hide e14.6

New life growing out of filth e14.6

Chemical change into a new substance e14.6(n:)

Purifying Something After Contact with Dogs or Swine e14.7

Meaning of contact e14.7

Purity of dogs in Maliki school e14.7(n:)

Washing Away Filth e14.10

Discernible Versus Indiscernible Filth e14.10

Water Must Flow When Washing with Under 216 Liters e14.11

Filth on Floor or Carpet e14.12

Liquids Affected with Filth e14.13

Whether Water That Washes Filth Is Pure or Impure e14.14

A Garment Damp with Filth Touching a Dry One e14.15

*2*Chapter E1.0: Water

@E1.1: Legal Categories of Water

Water is of various types:

-1- purifying;

-2- pure;

-3- and impure.

@E1.2: Purifying

Purifying means it is pure in itself and it purifies other things.

(O: Purification (Ar. tahara) in Sacred Law is lifting a state of ritual impurity (hadath, def:e7), removing filth (najasa, e14), or matters similar to these, such as purificatory baths (ghusl) that are merely sunna or renewing ablution (wudu) when there has been no intervening ritual impurity.)

@E1.3: Pure

Pure means it is pure in itself but cannot purify other things (O: such as water that has already been used to lift a state of ritual impurity).

@E1.4: Impure

Impure means it is neither purifying nor pure. (O: Namely:

-1- less than 216 liters of water (qullatayn) which is contaminated by filth (najasa), even when none of the water's characteristics (n: i.e. taste, color, or odor) have changed.

-2- or 216 liters or more of water when one of its characteristics of taste, color, or odor have changed (n:through the effect of the filth. As for the purity of water that has been used to wash away filth, it is discussed below at e14.14). )

@E1.5: Only Plain Water Is Purifying

It is not permissible (O: or valid) to lift a state of ritual impurity or remove filth except with plain water (O: not used water (def:(2) below), or something other than water like vinegar or milk), meaning purifying water as it comes from nature, no matter what quality it may have (O: of taste. such as being fresh or saline (N: including seawater); of color, such as being white, black, or red; or of odor, such as having a pleasant smell).

@E1.7: Used or Changed Water Is Not purifying

It is not permissible to purify (def: e1.2(O:) ) with:

-1- water that has changed so much that it is no longer termed water through admixture with something pure like flour or saffron which could have been avoided;

-2- less than 216 liters of water that has already been used for the obligation (dis:c2.1(A:), end) of lifting a state of ritual impurity, even if only that of a child;

-3- or less that 216 liters of water that has been used to remove filth, even if this resulted in no change in the water.

@E1.8: Slight Change Does Not Affect Water

It is permissible to purify with water:

-1- (non-(1) above) that has been only slightly changed by saffron or the like;

-2- that has been changed by proximity with something such as aloes or oil that are (O: i.e. even if) fragrant;

-3- that has been changed by something impossible to prevent, such as algae, tree leaves falling in it, dust, or the effects of standing too long;

-4- (non-(2) of the previous ruling) that has already been used for a nonobligatory use such as the sunnas of rinsing out the mouth, renewing ablution when there has been no intervening state of ritual impurity, or a sunna purificatory bath;

-5- or water that has already been used (n: to lift a state of ritual impurity) and has now been added together until it amounts to 216 liters or more.

@E1.9: Water Is Affected by User's Contact

With less than 216 liters, if a person performing ablution (after washing his face once) or the purificatory bath (after making intention for it) makes the intention in his heart to use his hands to scoop up the water, then the introduction of his hands into this amount of water does not make the water used.

But if not (O: if he does not make this intention at all, or does so after putting his hands in the water, which is less than 216 liters), then the rest of the water is considered as already used (n: and no longer purifying. But in the Maliki school (dis: c6.4 (end) ), it is valid (though offensive) to lift a state of ritual impurity with water that has already been used for that purpose (al-Sharh al-saghir'ala Aqrab al-Malik ila madhhab al-Imam Malik (y35), 1.37) ).

@E1.10: 216 or More Liters of Water (Qullatayn)

As for 216 liters or more of water, even if two or more persons in a state of major ritual impurity (janaba, def; e10) are immersed in it, whether simultaneously or serially, their impurity is lifted and the water does not thereby become used (n: but remains purifying).

@E1.11: 216 Liters Remains Purifying Even After Use

Qullatayn (lit. "two great jars") roughly equal five hundred Baghdad ritls, and their volume is one and a quarter dhira in height, width, and length.

(n: The definition of qullatayn as being 216 liters is based on estimating the dhira' at fortyeight centimeters. Metric equivalents of Islamic weights and measures are given at w15.)

@E1.12: 216 Liters Becomes Impure by Change from Impurities

Two hundred and sixteen liters of water does not become impure by mere contact with filth, but only becomes so by changing (n: in taste, color, or smell) because of it, even when (O: this change is) only slight.

@E1.13: 216 Liters Becomes Pure If the Change Disappears

If such change (n: in 216 liters or more of water) disappears by itself (O: such as through standing at length) or by water is used or impure) then the water in again purifying.

@E1.14

But the 216 liters of water does not become purifying if the change disappears by (O: putting) such things as musk (O: in it, or ambergris, or camphor, which mask the Scent; or putting saffron and the like in which mask the color) or vinegar (O: which masks the taste) or earth.

@E1.15: Contact with Filth Makes Under 216 liters Impure

Less than 216 liters becomes impure by mere contact with filth, whether the water changes or not, unless filth falls into it whose amount (N: before it falls in is so small that it) is indiscernible by eyesight (A eyesight, here and for all rulings, meaning an average look, not a negligent glance nor yet a minute inspection), or if something dead falls into it of creatures without flowing blood, such as flies and the like, in both of which cases it remains purifying. This is equally true of running or still water.

@E1.16: Reaching 216 Liters Purifies Less Than 216 Liters

When less than 216 liters of impure water is added to (O: even if with impure water) until is amounts to 216 liters or more and no change (def: below) remains in it, then it is (O: has become) purifying.

@E1.17: Meaning of Change in Water

Change, resulting from something pure or impure, means in color, taste, or smell. (N: But the least change caused by filth makes water (n: even if more than 216 liters) impure, while change caused by something pure does not hurt as long as it can still be termed water. For example, when sugar and tea, it has become pure but not purifying. As for a slight discoloration by tea leaves, or a slight sweetness from sugar, this does not negate water's being purifying.)

*2*Chapter E2.0: Containers and Utensils

@E2.1: Unlawfulness of Gold or Silver Vessels and Utensils

Purification is permissible with water from any pure container, except those of gold or silver, or those to which enough gold or silver has been applied that any of it could be collected from the vessel by heating it with fire (N: meaning that if the vessel were exposed to fire, the metallice coat would melt and seperate from the container, even if not drop by drop).  Such containers or utensils are unlawful for men or women to use in purification, eating, drinking, or other use (O: of any type whatever).  It is unlawful to acquire such a container or utensil even if one does not use it. Even a small eye-liner stick of silver is unlawful.

@E2.2: Vessels soldered or decorated with gold or silver

Vessels soldered with gold are absolutely unlawful.

It is unlawful to use a vessel to which much def:14.5) silver solder has been applied by way of decoration; permissible to use a vessel to which only a little silver solder has been applied by way of a needed repair; and offensive but not unlawful to use a vessel to which only a little silver has been applied for decoration, or much out of neccessity.

Solder means that a part of the vessel has been broken and then silver is put there to hold it together.

@E2.3

It is offensive to use the vessels of non-Muslims (N: before washing them) (O: to be certain of the purity of the vessels used, since non-Muslims are not as concerned about purity as Muslims are) or wear their clothers (O: for the same reason).

@E2.4

It is permissible to use a vessel made of any precious gem, such as a ruby or emerald.

*2*Chapter E3.0: Using a Toothstick (Siwak)

@(O: In Sacred Law it refers to the use of a twig or the like on the teeth and around them to remove an unpleasant change in the breath or similar, together with the intention (n: of performing the sunna). )

@E3.1: Times of Use

Using a toothstick is recommended any time, except after noon for someone who is fasting, in which case it is offensive. (A: Using toothpaste is also offensive then, and if any reaches the stomach of someone fasting, it is unlawful (n: if the fast is obligatory, as this breaks a fast). )

@E3.2

It is especially desirable to use the toothstick for every prayer, for reading (O: the Koran, hadith, or a lesson), ablution, yellowness of teeth, waking from sleep, entering one's house, and for any change of breath from eating something with a bad odor or from not eating. (A: When there exists a demand for an act, such as using the toothstick before reading the Koran, and an equal demand not to, as when it is after noon on a fast-day, then the proper course is not to do it.)

@E3.3: Acceptable Types

Anything coarse is adequate (n: to fulfill the sunna) except rough fingers, though the best is a twig from the arak (n: a desert shrub) that is dried (N: meaning previously cut from the shrub long enough to have dried) and then moistened.

@E3.4: Directions for Use

It is best to clean the teeth laterally, beginning on the right and paying particular attention to the bases of the back teeth, and to intend the sunna thereby.

*2*Chapter E4.0: The Body

@E4.1: Sunnas of the Body

It is sunna:

-1- to trim the fingernails and toenails;

-2- to clip one's mustache (O: when it grows long. The most one should clip is enough to show the pink of the upper lip. Plucking it out or shaving it off is offensive.) (A: Shaving one's beard is unlawful according to all Imams except Shafi'i, who wrote two opinions about it, one that it is offensive, and the others that it is unlawful. A weak chain of narrators ascribes an opinion of offensiveness to Imam Malik. It is unbelief (kufr) to turn from the sunna in order to imitate non-Muslims when one believes their way to be superior to the sunna);

-3- for those used to it, to pluck away the hair of the underarms and nostrils, though if plucking the underarms is a hardship, then shaving them; and to shave the public hair;

-4- and to line the eyes with kohl (n: an antimonic compound that one should be careful to see contains no lead), each eye an odd number of times, preferably three.

@E4.2: Cutting the Hair

It is offensive to shave part of the head and leave part unshaven (A: though merely cutting some of the hair shorter than another part is not objectionable).  There is no harm in shaving it all off (O: but it is not recommended except for the rites of hajj and umra (n: the greater and lesser pilgrimages) ).

@E4.3: Circumcision Is Obligatory

Circumcision is obligatory (O: for both men and women. For men it consists of removing the prepuce from the penis, and for women, removing the prepuce (Ar. bazr) of the clitoris (n: not the clitoris itself, as some mistakenly assert).  (A: Hanbalis hold that circumcision of women is not obligatory but sunna, while Hanafis consider it a mere courtesy to the husband.)

@E4.4: Dyeing Hair, Etc.

It is unlawful for men or women to dye their hair black, except when the intention is jihad (O: as a show of strength to unbelievers).  Plucking out gray hair is offensive. It is sunna to dye the hair with yellow or red. (N: It is unlawful for a woman to cut her hair to disfigure herself (n:e.g. for mourning), though if done for the sake of beauty it is permissible.) It is sunna for a married woman to dye all of her hands and feet with henna (n: a red plant dye).  but it is unlawful for men to do so unless it is needed (N: to protect from sunburn, for example).

*2*Chapter E5.0: Ablution (Wudu)

@(N: Meaning to wash certain parts of the body with water, with the intention of worship.) (O: The legal basis for ablution, prior to scholarly consensus, is the word of Allah Most High.

"O believers, when you go to pray, wash your faces, and wash your forearms to the elbows, wipe your heads, and [wash] your feet to the two anklebones" (Koran 5.6)

and the hadith related by Muslim.

"A prayer is not accepted without purification.")

@E5.1: The Six Obligatory Integrals of Ablution

Ablution has six obligatory integrals:

(a) to have the intention when one starts washing the face;

(b) to wash the face;

(c) to wash the arms up to and including the elbows;

(d) to wipe a little of the head with wet hands;

(e) to wash the feet up to and including the anklebones;

(f) and to do these things in the order mentioned.

The sunnas of ablution are all its actions besides the above. (N: The obligatory minimum is to perform (b), (c), (d), and (e) once, though the sunna is to perform them each three times.)

@E5.2: The Intention

The person performing ablution intends:

-1- to lift a state of lesser ritual impurity (hadath) (O: since the purpose of ablution is to eliminate that which prevents prayer and the like);

-2- to purify for the prayer;

-3- or to purify for something not permissible without purification, such as touching a Koran, or something else.

(N: The simple intention to perform the obligation of ablution suffices in place of all the above.)

@E5.3: Intention of Those Incapable of Normal Abultion

The above intentions are not used by three types of people when performing ablution:

-1- a woman with chronic vaginal discharge (def:e13.6);

-2- a person unable to hold back intermittent drops of urine coming from him (n: or with some similar state of chronic annulment of ablution (e13.7) );

-3- or a person intending to perform dry ablution (tayammum,def:e12).

Such people merely intend permission to perform the obligation of the prayer as they begin their ablution. (O: The intention to lift a state of minor ritual impurity is inadequate for these people because their state of impurity is not lifted.) (n: Rather the Sacred Law gives them a dispensation to perform the prayer and so forth without lifting it.)

@E5.4: Conditions for the Intention of Ablution

The necessary condition of ablution is that the intention for it exist in the heart and that it accompany one's washing the first part of the face.

It is recommended to pronounce it aloud, and that it be present in the heart from the first of ablution (O: during the preliminary sunnas before washing the face, so as to earn their reward).  It is obligatory that this intention persist in the heart until one washes the first part of the face (O: as that is the first part of the face (O: as that is the first integral).  If one confines oneself to making the intention when washing the face, it suffices, but one is not rewarded for the previous sunnas of rinsing the mouth and nostrils and washing the hands (N: provided that one merely intended cleanliness or something else by them and the intention of worship did not come to one's mind).

@E5.5: How to perform Ablution (The Basmala and Pre-Abultion Supplications)

It is recommended to begin ablution by mentioning (n: in Arabic, like the other invocations in this volume (def:wl) ) the name of Allah Most High (O: by saying "In the name of Allah," which is the minimum.

The optimum is to say, "In the name of Allah. Most Merciful and Compassionate," Before this, it is sunna to say, "I take refuge in Allah from the accursed Devil," and to add after the Basmala: "Praise to Allah for Islam and its blessings. Praise to Allah who made water purifying and Islam a light. My Lord, I take refuge in You from the whispering of devils and take refuge in You lest they come to me." It is sunna to say all the above to oneself.)

If one internationally or absentmindedly omits saying the name of Allah (n: at the first of ablution), then one pronounces it during it (O: by saying, "In the name of Allah, first to last").

@E5.6: Washing the Hands

It is recommended to wash the hands three times. (O: By saying "three times," the author indicates the sunna character of performing such acts thrice, and that it is an independent sunna (N: rewarded apart from the sunnas it is conjoined with). )

If one has doubts as to whether or not one's hands are free of filth, it is offensive to dip them into less than 216 liters of water without first washing them three times. (O: When sure they are pure, it is not offensive to immerse them. When sure they are impure, it is unlawful to dip them into this amount of water (N: since it spoils it by making it impure). )

@E5.7: Cleaning the teeth, rinsing out nose and mouth

One next uses the toothstick (def:e3), and then rinses the mouth and nose out three times, with three handfuls of water. One takes in a mouthful from a handful of water and snuffs up some of the rest of the handful into the nostrils (n: swishing the water around the mouth, and expelling the water of the mouth and the nose simultaneously), then again rinses the mouth and then the nostrils from a second handful of water, followed by rinsing the mouth and then the nostrils from the third handful of water. One lets the water reach as much of the mouth and nostrils as possible, unless fasting, when one goes lightly.

@E5.8: Washing the Face

Then one washes the face three times, face meaning from the point where the hairline usually begins to the chin in height, and from ear to ear in width.

@E5.9: Beard and facial hair

It is obligatory to wash all facial hair-inner, outer, and the skin beneath, whether the hair is thick or thin or thin-such as eyebrows, mustache, and so forth; except for the beard, since:

-1- if it is thin its inner and outer hair and the skin beneath must be washed;

-2- but if thick, then the outer hair is enough, though it is recommended to saturate it by combing it from beneath with wet fingers.

It is obligatory to cause the water to flow over the outer(O: hair of the)  part of the beard that hangs below the chin (O: though not its inner hair).

It is obligatory to wash part of the head in every direction beyond the bounds of the face, to make sure everything has been completely covered.

It is sunna to use new water to saturate one's beard (O: if it is thick) by combing it from beneath with the fingers.

@E5.10: Washing the Arms

Then one washes the hands up to and including the elbows three times.

(If the arm has been amputated between the hand and elbow, it is necessary to wash the remaining forearm and the elbow, If amputated at the elbow, then the end of the upper arm must be washed. If it has been amputated between the elbow and shoulder, then it is recommended to wash the rest of the upper arm.)

@E5.11: Wiping the Head

Then one wipes the head with wet hands, beginning at the front of the head, sliding the paired hands back to the nape of the neck, and then returning them to where one began. (O: This is an explanation of the best way, for otherwise, fulfilling the obligation does not depend on starting at the front, but may be from any part of the head.) One does this three times.

If one is bald, or one's hair never grew, or is long, or braided, then it is not recommended to slide the hands back to the front.

Each of the following suffices as wiping the head:

-1- to place the hand on the head without moving it so that one wets any of what is referred to by "wiping the head," the minimum of which is part of a single hair, provided this part does not hang below the limits of the head;

-2- to drip water on the head without making it flow over it;

-3- or to wash the head

(If it is difficult to remove one's turban, then after wiping the minimum of the head required, one may finish by wiping the turban.)

@E5.12: Wiping the ears

One then wipes the ears inside and out with new water, three times, and then the ear canals with one's little fingers with more new water, three times (O: though this second sunna is not separately mentioned in the more well known books, which speak of the two sunnas together, making "wiping the ears" include the ear canals).

@E5.13: Washing the Feet

Then one washes the feet up to and including the anklebones three times.

@E5.14: Doubts about Washing a Limb Three Times

If one does not know whether one washed a particular limb or the head three times (N: as is sunna), then one assumes one has washed it the least number that one is sure of, and washes as many additional times as it takes to be certain one has reached three.

@E5.15: Beginning with the Right, Etc.

One begins with the when washing arms and legs, but not the hands, cheeks, and ears, which are washed right and left simultaneously.

@E5.16: Washing More Than the Obligatory Area

One washes more than is obligatory of the face by adding part of the head and neck, and likewise with the arms and legs by washing above the elbows and ankles, the maximum of which is the whole upper arm or lower leg.

@E5.17: Washing Without Pause Between Successive Limbs

One washes the parts of the body successively and without pausing between them (O:such that in normal weather the last part would not dry before one began the next), though if one pauses between them, even for a long time, one's ablution is still valid without renewing the intention.

@E5.18: Supplication After Ablution

After finishing, one says: "I testify that there is no god but Allah, alone, without partner, and I testify that Muhammad is His slave and messenger. O Allah, make me one of the oftrepentant, one of the purified, one of Your goodly slaves. O Allah, I declare Your exaltedness above every imperfection and Your Praise. I testify ther is no god but you. I ask Your forgiveness and turn to You in repentance."

There are supplications said for each limb washed, but these are not authenticated as being of the sunna.

@E5.19: Other Recommended Measures

Other recommended measures (adab) include:

-1- facing the direction of prayer;

-2- not to talk during ablution for other than a necessity;

-3- and to begin with the top of the face and not slap water upon it.

@E5.20 If another person is pouring one's water (N: or if using a tap) one begins washing the arms from the elbows, and the feet from the anklebones. If pouring one's own water (N: from a jug, for example), one begins washing the arms from the fingers and the feet from the toes.

@E5.21 One should take care that water reaches the inner corners of the eyes, and the heels (N: up to the level of the anklebones) and similar places it is feared one may neglect, especially during the winter.

@E5.22 One moves one's ring when washing the hand to allow water to reach the skin beneath. (O: If the water cannot otherwise get under it, it is obligatory to move the ring.)

@E5.23 One saturates between the toes using the little finger of the left hand. One begins with the little toe of the right foot, coming up through the toes from beneath, and finishes with the little toe of the left.

@E5.24: Things Offensive in Ablution

It is offensive:

-1- to have another person wash one's limbs, unless there is some excuse (O: such as old age or the like);

-2- to wash the left before the right;

-3- or to waste water.

@E5.25: Minimal Amounts of Water for Ablution and Bathing

It is recommended:

-1- not to use less than 0.51 liers (mudd) of water for ablution;

-2- not to use less than 2.03 liters (sa') of water for the purificatory bath (ghusl);

-3- not to dry off the parts washed in ablution (N: unless there is an excuse such as illness or cold weather) or shake the water off one's hands;

-4- not to ask another to pour water for one's ablution;

-5- and not to wipe the neck.

@E5.26: Water-Repellent Substances Prevent Ablution

If dirt under the nails prevents the water (O: of ablution or the purificatory bath from reaching the skin beneath) then the ablution (O: or bath) is not valid.

(N: The same is true of waterproof glue, paint, nail polish, and so forth on the nails or skin: if it prevents water from reaching any part of the nails or skin, no matter how small, one's ablution or purificatory bath is not valid.)

@E5.27: Doubts About Having Washed a Part in Ablution

If one has doubts during the course of the ablution that one has washed a particular limb or the head, then it is obligatory to wash it again and everything that follows it in the ablution sequence. But if these doubts arise after one has finished ablution, one need not repeat anything. (A: The same is true of the purificatory bath (ghusl). )

@E5.28: Renewing Ablution When not Obligatory

It is recommended to renew the ablution (N: when there has been no intervening state of minor ritual impurity) when one has performed any prayer, obligatory or nonobligatory, will it.

@E5.29: Ablution Recommended After Making Love

Ablution is recommended for someone in a state of major ritual impurity (janaba) who wishes to eat, drink, sleep or make love again. And Allah knows best.

*2*Chapter E6.0: Wiping Footgear

@(N: Wiping one's footgear (Ar. khuff) with wet hands is a dispensation that can take the place of the fifth ablution integral of washing the feet. The footgear Muslims generally use for this are ankle-high leather socks that zip up and are worn inside the shoes.)

@E6.1: Duration of Periods of Permissibility

Wiping footgear is permissible for 72 hours (lit. "three days and nights") to a traveller on a lawful trip (N: one not undertaken for purposes of disobeying Allah) that fulfills the conditions permitting one to shorten prayers on journeys (def:f15.1-5).

Wiping them is permissible to a nontraveller for 24 hours (lit. "a day and a night").  (n: At the end of these periods, one removes the footgear to perform ablution, or, if one has ablution at the time, to wash the feet, before putting them on again and starting a new period of permissibility, as at e6.7)

The beginning of the period is reckoned from the time of the first minor ritual impurity (hadath) that occurs after having put them on while in a state of ablution.

Wiping footgear is permissible for only 24 hours:

-1- when one has wiped one has wiped both of a pair of footgear for ablution or just one of the pair (n: leaving the other for later) when not on a trip, and then begun travelling;

-2- or (O: When one has wiped both of a pair of footgear or just one) when on the trip and then finished travelling;

-3- or when one is in doubt as to whether one first wiped one's footgear for ablution while travelling or whether it was while not travelling.

Wiping footgear is permissible for 72 hours if one's ablution is nullified when not travelling and one then lifts that state of minor ritual impurity by wiping them for the ablution while travelling.

@E6.2 When one doubts as to whether or not the permissible period for wiping them has expired, then one may not wipe them while the doubt exists. (A: Because dispensations cannot be taken unless one is certain (N: of their necessary conditions). ) If one has doubts(n: when near the end of the permissible period for wiping them, for example, and uncertain exactly when it began) about whether one nullified one's ablution at the time of the noon prayer, or whether it was at the time of the midafternoon prayer, then one proceeds on the assumption that it was at the time of the noon prayer.

@E6.3: Major Ritual Impurity (Janaba) During the Period

If a state of major ritual impurity (janaba) occurs during the permissible period for wiping footgear, then one must take them off for the purificatory bath (ghusl).

@E6.4: Conditions for Permissibility of Wiping Footgear

The conditions for the permissibility of wiping footgear are:

(a) that one have full ablution when one first puts them on;

(b) that they be free of filth;

(c) that they cover the whole foot up to and including the anklebones;

(d) that they prevent water (N: if dripped on them drop by drop from directly) reaching the foot (O:- if water reaches the foot through the holes of a seam's statues, it does not affect the validity of wiping them, though if water can reach the foot through any other place, it violates this condition); (e) and that they be durable enough to keep walking around upon a travellers do in attending to their needs (O: when encamping, departing, etc.);

-no matter whether they are of leather, felt, layers of rags (N: including thick, heavy wool socks that prevent water from reaching the foot (A: not modern dress socks (n:due to non(d) and (e) above), which are not valid to wipe in any school, even if many are worn in layers) ), wood, or other; nor whether they have a cleavage laced up with eyelets (O: provided none of the foot shows).

One may not wipe footgear if wearing just one of a pair, washing the other foot. Nor if any of the foot shows through a hole in them.

@E6.6: How to Wipe Footgear

It is sunna to wipe the footgear on the top, bottom, and heel in lines (N: as if combing something with the fingers), without covering every part of them or wiping them more than once.

One puts the left hand under the heel and the right hand on top of the foot at the toes, drawing the right hand back towards the shin while drawing the left along the bottom of the foot in the opposite direction towards the toes.

It is sufficient as wiping the footgear to wipe any part of their upper surface 9n: with wet hands), from the top of the foot up to the level of the anklebones. It is not sufficient to only wipe some of the bottom, heel, side of the foot, or some of the footgear's inner surface that faces the skin.

@E6.7: When Foot Shows

When on an ablution that was performed by wiping the footgear, and then some part of the foot shows because of taking them off, or through a hole, it's sufficient (N: to complete one's ablution) to merely wash the feet again (O: without repeating the ablution).

*2*Chapter E7.0: The Four Causes of Minor Ritual Impurity (Hadath)

@(N: Meaning the things that nullify one's ablution.)

@E7.1: Anything That Exits from the Private Parts

The first is anything that exits from the front or rear private parts, whether a substance (O: such as urine or feces) (N: or the mucus that exits from the vagina with or without sexual stimulation, though not a woman's sexual fluid that appears through orgasm, discussed below) or wind, and whether something usual or something uncommon such as a worm or stones. But not a male's sperm or female's sexual fluid (Ar. maniyy, that which exits with orgasmic contractions, whether a man's or a woman's (def:e10.4) ), which necessitates the purificatory bath (N: as it causes major ritual impurity) but does not necessarily nullify ablution, an example of this being someone firmly seated (dis: e7.2 second paragraph) who sleeps and has a wet dream, or someone who looks at something lustfully and sperm or sexual fluid come. Otherwise, if one makes love to one's spouse, or has an orgasm while lying asleep, ablution is nullified (n: respectively) by touching the spouse's skin (e7.3) or by sleep (below).

@E7.2: Loss of Intellect Through Sleep, Etc.

The second cause of minor ritual impurity is loss of intellect (O: meaning the loss of the ability to distinguish, whether through insanity, unconsciousness, sleep, or other. Loss of intellect excludes drowsing and daydreaming, which do not nullify ablution. Among the signs of drowsing is that one can hear the words of those present, even if uncomprehendingly).

@E7.2: Sleep while seated

Sleep while firmly seated on the ground (A: or any other surface firm enough to prevent a person's breaking wind while seated on it asleep) does not nullify ablution, whether riding mounted, leaning on something which if removed would cause one to fall, or otherwise seated.

If one sleeps when firmly seated and one's rear moves from its place before one awakens, this nullifies one's ablution. But not if:

-1- one's rear moved after or during awakening, or if one is uncertain about whether it happened

before awakening or during;

-2- one's arm dropped to the ground while one was firmly seated;

-3- or when one drowses while not firmly seated, hearing but not comprehending, or if one is uncertain as to whether one drowsed or slept, or uncertain as to whether one slept while firmly seated or not firmly seated.

@E7.3: Contact of Man and Woman's Skin

The third cause of minor ritual impurity is when any, no matter how little, of the two skins of a man and woman touch (N: husband and wife, for example) when they are not each other's unmarriageable kin (Ar. mahram, def:m6), even if they touch without sexual desire, or unintentionally, and even if with tongue or a nonfunctional or surplus limb; though touching does not include contact with teeth, nails, hair, or a severed limb.

Ablution is also nullified by touching AN AGED person or a corpse (N: of the opposite sex) but not by touching a member of one's unmarriageable kin, or a child who is younger than the age that usually evokes sexual interest.

One's ablution is not nullified when one is uncertain about:

-1- whether one touched a male or female;

-2- whether one touched hair or skin;

-3- or whether the person one touched was one's unmarriageable kin or not.

@E7.4: Touching Human Private Parts with Hand

The fourth cause of minor impurity is touching human private parts with the palm or inner surface of the fingers only (N: i.e those parts which touch when the hands are put together palm to palm), whether one touches the private parts:

-1- absentmindedly;

-2- without sexual desire;

-3- in the front or rear;

-4- of a male or female;

-5- of oneself or another, even if deceased, or a child;

@E7.4: Meaning of hand

but not if one touches them with one's finger tips, the skin between the fingers, with the outer edge of the hand, or touches the corresponding parts of an animal.

@E7.5: Things That Do Not Nullify Ablution

Ablution is not nullified by vomiting, letting blood, nosebleed, laughing during the prayer, eating camel meat, or other things (N: not discussed above).

@E7.6: Doubts About Whether Ablution Has Been Nullified

When certain that a minor ritual impurity has occurred, but uncertain whether one subsequently lifted it (N: with ablution), then one is in a state of minor ritual impurity (A: because in Sacred Law, a state whose existence one is certain about does not cease through a state whose existence one is uncertain about).

When certain that one had ablution, but uncertain that it was subsequently nullified, then one still has ablution.

*2*Chapter E8.0: Actions Unlawful During Minor Ritual Impurity

@E8.1: Touching the Koran Is Unlawful Without Ablution (5)

The following are unlawful for someone in a state of minor ritual impurity:

-1- to perform the prayer;

-2- to prostrate when reciting the Koran at verses in which it is sunna to do so (def; f11.13);

-3- to prostrate out of thanks (f11.19);

-4- to circumambulate the Kaaba (j5);

-5- or to carry a Koran, even by a strap or in a box, or touch it, whether its writing, the spaces between its lines, its margins, binding, the carrying strap attached to it, or the bag or box it is in.

(n: Other aspects of proper manners (adab) towards the Book of Allah are treated below at w16.) (A: The opinion expressed in Fiqh al-sunna that it is permissible to touch the Koran without ritual purity is a deviant view contrary to all four schools of jurisprudence and impermissible to teach (dis:r7.1(3), except to explain that it is oberrant) (n:Though in the Hanifi school. it is permissible for someone in a state of minor ritual impurity to touch or carry a Koran that is inside a cover not physically attached to it, such as a case or bag, as opposed to something joined to it, like a binding (al-Lubab fi sharh al-Kitab (y88), 1.43).  And Allah knows best.)

@E8.2: Carrying the Koran, Etc.

It is also unlawful (n: when without ablution) to touch or carry any of the Koran written for the purpose of study, even a single verse or part of one, as when written on a slate or the like.

(O: But this is permissible for nonstudy purposes such as when the Koran is intended to be an amulet (def:w17).  It is not prohibited to touch or carry such an amulet even if it contains whole suras, or even, as Sheikh (N:Shirbini) al-Khatib has said, if it contains the whole Koran.)

It is permissible to carry a Koran in one's baggage and to carry money, rings, or clothes on which Koran is written.

It is permissible to carry books of Sacred Law, hadith, or Koranic exegesis which contain Koran, provided that most of their text is not Koran (O:because the non-Koranic part is the purpose, though this is unlawful if half or more is Koran).

Boys who have reached the age of discrimination (def:f1.2(O:) ) may touch or carry the Koran while in a state of minor ritual impurity (O:because of the need to learn it and the hardship of their keeping ablution, and likewise for young girls, though this is for study alone, as opposed to nonstudy, when it is unlawful. As for children under this age, their guardian may not give a Koran to them) (A:as this is an insult to it. Also,teachers should remind children that it is unlawful to moisten one's fingers with saliva to turn its pages).

Someone in a state of minor or major impurity may write Koran if he does not touch or carry what he has written.

@E8.3

When one fears that a Koran may burn, get soaked, that a non-Muslim may touch it,or that it may come into contact with some filth, then one must pick it up if there is no safe place for it, even if one is in a state of minor or major ritual impurity, though performing the dry ablution (tayammum, def:e12) is obligatory if possible.

@E8.4

It is unlawful to use a Koran or book of Islamic knowledge as a pillow (O:except for fear of theft, when it is permissible to do so).  And Allah knows best.

*2*Chapter E9.0: Going to Lavatory

@E9.1: Recommended Measures

It is recommended when one intends to use the lavatory:

-1- to put something on one's feet, unless there is an excuse (O:such as not having shoes);

-2- to cover the head (O:even if only with a handkerchief or other);

-3- to set aside anything on which there is the mention of Allah Most High. His messenger (Allah bless him and give him peace), or any revered name (O:like those of prophets or angels).  If one enters with a ring (O:on which something worthy of respect is written), one closes one's hand around it;

-4- to ready stones (N: or other suitable material (def:e9.5) ) (O:if one uses them) to clean oneself of filth (N:though water alone is sufficient);

-5- to say before entering:

"In the name of Allah. O Allah, I take refuge in You from demons, male and female,"

and after leaving,

"[O Lord,] Your forgiveness: Praise be to Allah who rid me of the hurt and gave me health";

-6- to enter with the left foot first and depart with the right foot first (and this, together with (3) and

-5- above, are not only for indoors, but recommended outdoors as well);

-7- not to raise one's garment until one squats down to the ground (O: to keep one's nakedness covered as much as possible) and to lower it before one stand up;

-8- to put most of one's weight on the left foot while squatting;

-9- not to spend a long time;

-10- not to speak; 

-11- when finished urinating, for men to squeeze the penis with the left hand from base to head (O: recommended because this is where the urethra is, and for women to squeeze their front between thumb and forefinger) (N: so urine does not exit later and nullify one's ablution) pulling lightly three times (O: this being recommended when one thinks the urine has stopped, though if one thinks it has not, this is obligatory);

-12- not to urinate while standing (O: which is offensive) unless there is an excuse (N: such as when standing is less likely to spatter urine on one's clothes than sitting, or when sitting is a hardship);

-13- not to clean oneself with water in the same place one relieved oneself, if it might spatter, though if in a lavatory one need not move to a different place;

-14- to distance oneself from others if outdoors and to screen oneself;

-15- not to urinate into holes, on hard places, where there is wind, in waterways, where people gather to talk, on paths, under fruit trees, near graves, in still water, or in less than 216 liters of running water;

-16- and not to relieve oneself with one's front or rear facing the sun, moon, or the Sacred Precinct in Jerusalem.

@E9.2: Prohibitions

It is unlawful to urinate on anything edible, bones, anything deserving respect, a grave or in a mosque, even if into a receptacle.

@E9.3

It is unlawful to urinate or defecate with one's front or rear towards the direction of prayer when outdoors and there is no barrier to screen one, though this is permissible when one is indoors within a meter and a half of a barrier at least 32 cm. high, or in a hole that deep. When one is not this close to such a barrier at least 32 cm. high, or in a hole that deep. When one is not this close to such a barrier, it is not permissible except in a lavatory, where, if the walls are farther from one than the maximal distance or are shorter than the minimal height, relieving oneself with front or rear towards the direction of

prayer is permissible, though offensive.  

@E9.4: The Obligation of Cleaning Oneself of Filth

It is obligatory to clean oneself of every impure substance coming from one's front or rear, though not from gas, dry worms or stones, or excrement without moisture.

@E9.5: Use of dry substances or water

Stones suffice to clean oneself, though it is best to follow this by washing with water. Anything can take the place of stones that is a solid, pure, removes the filth, is not something that deserves respect or is worthy of veneration, nor something that is edible (O: these being five conditions for the validity of using stones (N: or something else) to clean oneself of filth without having to follow it by washing with water).

But it is obligatory to wash oneself with water if:

-1- one has washed away the filth with a liquid other than water, or with something impure;

-2- one has become soiled with filth from a separate source;

-3- one's waste has moved from where it exited (n: reaching another part of one's person) or has dried;

-4- or if feces spread beyond the inner buttocks (N: meaning that which is enfolded when standing), or urine moved beyond the head of the penis, though if they do not pass beyond them, stones suffice.

@E9.5: How to clean oneself

It is obligatory (N: when cleaning oneself with a dry substance alone) to both remove the filth, and to wipe three times, even when once is enough to clean it, doing this either with three pieces (lit. "stones") or three sides of one piece. If three times does not remove it, it is obligatory to (N: repeat it enough to) clean it away (O: as that is the point of cleaning oneself. Nawawi says in al-Majmu' that cleaning oneself (N: with a dry substance) means to remove the filth so that nothing remains but a trace that could not be removed unless one were to use water) (N: and when this has been done, any remaining effects of filth that could have been done, any remaining effects of filth that could have only been removed with water are excusable).  An odd number of strokes is recommended. One should wipe from front to back on the right side with the first piece, similarly wipe the left with the second, and wipe both sides and the anus with the third. Each stroke must begin at a point on the skin that is free of impurity.

It is offensive to use the right hand to the oneself of filth.

@E9.6: Cleaning before or after ablution

It is best to clean oneself of filth before ablution, though if one waits until after it to clean, the ablution is nevertheless valid(N: provided that while cleaning, the inside surface of the hand (def: e7.4 does not touch the front or rear private parts).

If one waits until after one's dry ablution (tayammum, def:e12) to clean away filth, the dry ablution is not valid (A: because lack of filth is a condition for it).

*2*Chapter E10.0: Major Ritual Impurity (Janaba)

@E10.1: Causes

The purification bath (ghusl, def:e11) is obligatory for a male when:

-1- sperm exists from him;

-2- or the head of his penis enters a vagina;

and is obligatory for a female when:

-1- sexual fluid (def: below) exits from her;

-2- the head of a penis enters her vagina;

-3- after her menstrual period;

-4- after her postnatal lochia stops or after a child is born in a dry birth.

(n: The Arabic term maniyy used in all these rulings refer to both male sperm and female sexual fluid, i.e that which comes from orgasm, and both sexes are intended by the phrase sperm or sexual fluid wherever it appears below.)

@E10.3

When a woman who has been made love to performs the purificatory bath, and the male's sperm afterwards leaves her vagina, then she must repeat the ghusl if two conditions exist:

(a) that she is not a child. but rather old enough to have sexual gratification (A: as it might otherwise be solely her husband;s sperm);

(b) and that she was fulfilling her sexual urge with the lovemaking, not sleeping or forced.

@E10.4: Meaning of Sperm and Female Sexual Fluid

Male sperm and female sexual fluid are recognised by fact that they:

(a) come in spurts (n: by contractions);

(b) with sexual gratification;

(c) and when moist, smell like bread dough, and when dry, like egg-white.

When a substance from the genital orifice has any one of the above characteristics, then it is sperm or sexual fluid and makes the purificatory bath obligatory. When not even one of the above characteristics is present, it is sperm or sexual fluid. Being white or thick are not being yellow or thin are not necessary for it to be considered female sexual fluid.

@E10.5: Things Not considered Sperm

The purificatory bath is not obligatory:

-1- when there is an unlustful discharge of thin, sticky, white fluid (madhy) caused by amorous play or kissing;

-2- or when there is a discharge of the thick, cloudy white fluid (wady) that exits after urinating (O: or carrying something heavy).

@E10.6: Doubts About Whether Discharge Is Sperm

If one does not know whether one's discharge is sperm or whether it is madhy (def:(1) above), then one may either:

-1- consider it sperm, and perform the purificatory bath (O: in which case washing the portions of clothes and so forth affected with it is not obligatory, a it is legally considered a pure substance);

-2- or consider it madhy, and wash the affected portions of the body and clothes (N: which is obligatory, as it is legally considered filth), and perform ablution, though not the purificatory bath.

The best course in such cases of uncertainity is to do all of the above(O: of bathing, washing the affected portions, and ablution, so as to take due precaution in one's worship).

@E10.7: Actions Unlawful on Major Ritual Impurity (Janaba)

All things unlawful for someone in minor ritual impurity (def: e8.1) are also unlawful for someone in a state of major ritual impurity (N: or menstruation).  In addition, it is likewise unlawful for such a person:

-1- to remain in a mosque;

-2- or to recite any of the Koran, even part of a single verse, though it is permissible to use its invocations (dhikr) when the intention is not koran recital (O: such as saying in disasters, "Surely we are Allah's, and unto Him we will return," and the like).  If one intends Koran recital, it is disobedience, but if one intends it primarily as invocation (dhikr), or as nothing in particular, it is permissible.

It is permissible to pass through a mosque (A: though not to enter and leave by the same door (Ar. taraddud), which is unlawful) when one is in a state of major ritual impurity, but this is offensive when there is no need.

*2*Chapter E11.0: How to Perform the Purification Bath (Ghusl)

@E11.1: Steps

When performing the purificatory bath, one:

-1- begins by saying, "In the name of Allah, Most Merciful and Compassionate";

-2- removes any unclean matter on the body (O: pure or impure);

-3- performs ablution (wudu) as one does before the prayer;

-4- pours water over the head three times, intending the purificatory bath, or to lift a state of major ritual impurity (janaba) or menstruation, or to be permitted to perform the prayer, and running the fingers through one's hair to saturate it;

-5- and then pours water over the body's right side three times, then over the left side three times, ensuring that water reaches all joints and folds, and rubbing oneself.

-6- If bathing after menstruation, a woman uses some musk to eliminate the afterscent of blood (O: by applying it to a piece of cotton and inserting it, after bathing, into the vagina as far as is obligatory (def: (b) below) for her to wash).  (N: What is meant thereby is a substance that removes the traces of filth, by any means, and it is fine to use soap.)

@E11.1: Obligatory Features

Two things(N: alone) are obligatory for the validity of the purificatory bath:

(a) having the intention ((4) above) when water is first applied to the parts that must be washed;

(b) and that water reaches all of the hair and skin (N: to the roots of the hair, under nails, and the outwardly visible portion of the ear canals, though unlike ablution the sequence of washing the parts is not obligatory), even under the foreskin of the uncircumcized man, and the private parts of the nonvirgin woman which are normally disclosed when she squats to relieve herself.

(n: In the Hanafi school, rinsing out the mouth and nostrils (defL e5.7) is obligatory for the validity of the purificatory bath (al-Lubab fi sharh al-Kitab (y88) 1.14) It is religiously more precautionary for a Muslim never to omit it, and Allah knows best.)

@E11.2: Nullifying Ablution (Wudu) Before Finishing Bath

If one begins the purificatory bath while on ablution (wudu) but nullifies it (def:e7) before finishing, one simply completes the bath (N: though one needs a new ablution before praying).

@E11.3: Removing Filth from Body before Bathing

If there is filth (najasa) on the body, one washes it off by pouring water on it and then performs the purificatory bath, though washing oneself a single time suffices for both removing it and for the purificatory bath.

@E11.4: Performing Bath for Two Reasons at Once

When a woman who is obliged to both lift a state of major ritual impurity (janaba) and purify after menstruation performs the purificatory bath for either of these, it suffices for both.

Whoever performs the bath one time with the intention to (n: both)  lift a state of major ritual impurity and fulfill the sunna of the Friday prayer bath has performed both, though if he only intends one, his bath counts for that one but not the other.

@E11.5: Times When Purificatory Bath Is Sunna

The purificatory bath is sunna:

-1- for those who want to attend the Friday prayer (def:f18) (O: the bath's time beginning at dawn);

-2- on the two 'eids (f19) (O: the time for it beginning from the middle of the night);

-3- on days when the sun or moon eclipse;

-4- before the drought prayer (f21);

-5- after washing the dead (O: and it is sunna to perform ablution (wudu) after touching a corpse);

-6- after recovering one's sanity or regaining consciousness after having lost it;

-7- (N: before) entering the state of pilgrim sanctity (ihram, def:j3), when entering Mecca, for standing at 'Arafa (j8), for circummambulating the Kaaba (j5) and going between Safa and Marwa (j6), for entering Medina, at al-Mash'ar al-Haram (j9.2), and for each day of stoning at Mina (j10) on the three days following 'Eid al-Adha.

*2*Chapter E12.0: Dry Ablution (Tayammum)

@(N: When unable to use water, dry ablution is a dispensation to perform the prayer or similar act without lifting one's minor or major impurity, by the use of earth for one's ablution.)

@E12.1: Conditions for Validity

Three conditions must be met for the legal validity of performing dry ablution.

(a) The first is that it take place after the beginning of the prayer's time if it is for an obligatory or a nonobligatory one that has a particular time. The act of lifting earth to the face and arms (N: the first step of dry ablution) must take place during that time. If one performs dry ablution when unsure that the prayer's time has come, then one's dry ablution is invalid, even if it coincides with the correct time (dis e6.2(A:) ).  If one performs dry ablution in midmorning for the purpose of making up a missed obligatory prayer, but the time for noon prayer comes before one has made up the missed obligatory prayer, then one may pray it (N: the noon prayer) with that dry ablution (N: because one did not perform dry ablution for it before its time, but rather performed dry ablution for a different prayer in that prayer's time, which clarifies why this does not violate the conditions of praying with dry ablution), or one could pray a different missed prayer with it (O: as one is not required to specify which obligatory prayer the dry ablution is for).

(b) The second condition is that dry ablution must be performed with plain, purifying earth that contains dust, even the dust contained in sand; though not pure sand devoid of dust; nor earth mixed with the likes of flour; nor gypsum pottery shards (O: which are not termed earth), or earth that has been previously used, meaning that which is already on the limbs or has been dusted off them.

(c) The third condition is inability to use water. The person unable to use water performs dry ablution, which suffices in place of lifting all forms of ritual impurity permitting the person in a state of major ritual impurity (janaba) or woman after her menstrual period to do everything that the purificatory bath (ghusl) permits them to do. If either of them subsequently has a minor ritual impurity (hadath), then only the things prohibited on minor impurity are unlawful for them (def:e8.1) (N: not those prohibited on major impurity (e10.7), that is, until they can again obtain water to life their state of major impurity, when they must, for the dry ablution is only a dispensation to pray and so forth while in states of impurity and is nullified by finding water).

@E12.2: The Three Causes of Inability to Use Water

Inability to use water has (O: three) causes (n: lack of water, fear of thirst, and illness).

@E12.3: Lack of Water

The first is lack of water. When one is sure there is none, one performs dry ablution without searching for it. If one thinks there might be some, one must look through one's effects and inquire until one has asked all of one's party or (N: if too numerous) there is no time left except for the prayer. One does not have to ask each person individually, but may simply call out, "Who has water, even for a price?" Then one looks around,if on level ground. If not level, one checks on foot within the range at which one's group could be expected to respond to a cry for help, provided there is no threat to life or property. Or one may climb a nearby hill.

@E12.4: Certainty of getting water at end of prayer time

The search for water must occur after the particular prayer's time has come.

When one checks, does not find water, performs dry ablution, (N: prays an obligatory prayer with it,) and remains at the place, one need not search again before performing dry ablution for another obligatory prayer (N: when the next prayer's time comes), provided one made sure there was no water the first time, and nothing has happened to change one's mind. But if one did not make sure, or if something has happened to suggest that there might now be water, like the appearance of rain clouds or riders, one is obliged to check again for water.

@E12.5

When sure that one can obtain water by waiting until the last of a prayer's time, then it is better to wait. But if one thinks otherwise, then it is better to perform dry ablution (n: and pray) at the first of the time.

@E12.6: Buying water

(N: This entry's rulings apply equally to obtaining water for purification and to obtaining clothing to fulfill the prayer's condition of covering one's nakedness (def:f5). )

If a person gives or loans one water, or loans one a bucket (O: when it is the sole means of the water) then one must accept it;though not if the person loans or gives one the price of these things (O: because of the burden of accepting charity that it involves.

If one finds water or a bucket for sale at the usual price for that locality and time, then one is obliged to buy it, provided one's money is in excess of one's debts, even if they are not due until a future date; and provided one's money exceeds the amount required for the journey's expenses, round trip.

When someone has water he does not need but will not sell, one may not simply take it from him by force, except when compelled by thirst (N: provided the water's owner is not also suffering from thirst, and provided one pays him the normal price for it in that locality and time, because one's need does not eliminate another's rights).

@E12.7: Only enough water for partial ablution or bath

If one finds some water, but not enough to complete purification, one must use it as far as it will go, and then perform dry ablution in place of the rest. For minor ritual impurity, one uses the water on the face, then the arms, and so forth, in the usual ablution sequence. For major ritual impurity (janaba), one begins wherever one wishes, though it is recommended to start at the top of the body.

@E12.8: Fear of Thirst

The second cause of inability to use water is fear of one's own thirst, or that of worthy companions and animals with one, even if in the future (O: worthy meaning those whose killing is unlawful, such as a trained hunting dog or other useful animal, while unworthy includes non-Muslims at war with the Muslims, apostates from Islam (def:08), convicted married adulterers, pigs, and biting dogs).

Ablution (N: as well as the purificatory bath (ghusl) ) is unlawful in such a case. One should conserve one's water for oneself and others, and may perform dry ablution for prayer with no need to make up the prayer later (A: provided lack of water predominates in that place (dis:e12.19(N) ) ).

@E12.9: Illness

The third cause is an ailment from which one fears (N: that performing a normal ablution or purificatory bath would cause) :

-1- harm to life or limb;

-2- disability;

-3- becoming seriously ill;

-4- an increase in one's ailment;

-5- a delay in recovering from one's illness;

-6- considerable pain;

-7- or(n: a bad effect from the water such as) a radical change in one's skin color on a visible part of the body.

@E12.9a: Meaning of Illness

One may depend on one's own knowledge (N: as to whether one of the above is to be apprehended)

(O: if one is knowledgeable in medicine) (N: though it is not a condition that one be knowledgeable in medicine, for one's own previous experience may be sufficient to establish the probability that one of them will occur if a full ablution or bath (ghusl) is performed).  Or one may depend on a physician whose information concerning it is acceptable (A: meaning one with skill in medicine whose word can be believed, even if he is not a Muslim).

@E12.10: Ablution on a cast or bandage

(n:Rulings e12, 11-13 below have been left in Arabic and deal with a person who has injuries that prevent a normal ablution or bath for one of the above reasons. Strictness on the question (`azima) is to follow the Shafi'is, while dispensation (rukhsa) is to follow the Hanafi school ((2) below).

-1- The Shafi'i school is the hardest in this matter, insisting on a full ablution except for the injured part, where a full dry ablution must be performed at the proper point in the ablution sequence in place of washing the injured part, as at e12.11 below.

If someone has a cast or dressing harmful to remove, as at e12.12, it must be first applied when one has ablution, and thereafter one must wipe it with water when one comes to it in the ablution sequence in addition to performing a complete dry ablution at that point.

Finally, when someone with such a bandage on the members of dry ablution (the face or arms) recovers and has his cast or dressing removed, he is obliged to make up (repray) all the prayers he performed with such an ablution, as at e12.13(O:).

-2- The Hanafi school requires someone with an injury who wants to pray to make a complete ablution (N: or bath, if needed).  But if this would entail harm, such as one of the things mentioned above at e12.9. then when he comes to the injury in the ablution sequence, he is merely required to wipe it with wet hands so as to cover more than half of the injury. If this would also entail harm, or if he has a bandage that cannot be removed without harm or he cannot reapply the dressing by himself and has no one to help him to do so, then he simply wipes more than half the bandage when he comes to it in his ablution. He may pray with such an ablution and need not repeat the prayer later (al-Hadiyya al-'Ala'iyya (y4) (43-44).

It is not necessary that he be free of minor or even major impurity (janaba) at the time the dressing is applied (al-Lubab fi sharh al-Kitab (y88), 1.41).

-3- (N: There is strong evidence for performing dry ablution (tayammum) in place of washing such an injury. To add it at the proper point of the ablution sequence as a precautionary measure (dis: c6.5) would not interfere with the validity of following the Hanafi position just discussed.)

@E12.14: Fear of illness from extreme cold

If it is cold that one fears an illness or one of the things previously mentioned(12.9) from the use of water and one lacks means of heating the water or warming one's limbs up afterwards, then one performs the dry ablution (N: prays), and repeats the prayer later.

@E12.15: Ablution When Lacking Both Water and Earth

When one lacks both water and earth, one is obliged to pray the obligatory prayer by itself, and later make up the prayer when one again finds water or finds earth, if in a place where dry ablution suffices as purification for a prayer that need not be made up later (N: such as in the desert

(dis:e12.19(N:) ) ).

@E12.16: Obligatory Integrals of Dry Ablution

Dry ablution has seven obligatory integrals:

(a) the intention, one intending permission to perform the obligation of the prayer, or that which requires dry ablution (N: such as carrying the Koran when there is no water for ablution).  It is inadequate to intend to lift a state of minor ritual impurity (dis:e5.3 9O:) ) or intend the obligation of dry ablution.

If one is performing dry ablution for an obligatory prayer, one must intend its being obligatory, though need not specify whether, for example, it is for the noon prayer or the midafternoon prayer. If one were to intend it for the obligation of performing the noon prayer, one could (N: instead) pray the midafternoon prayer with it (N: though not both, as at e12.20).

If one intends a dry ablution for both an obligatory prayer and a nonobligatory prayer, then both may be prayed with that same dry ablution. But if one's intention is merely for a nonobligatory prayer, a funeral prayer (janaza), or simply prayer, then one may not pray an obligatory prayer with that dry ablution. If one intends an obligatory prayer, one may pray nonobligatory prayers only, or pray them before and after an obligatory prayer during the obligatory prayer's time, or after the obligatory prayer's time has expired.

The intention must occur when one conveys the earth (O:meaning when one first strikes the earth) and must continue until one wipes part of the face;

(b and c) that one's hands contact the earth and convey it (N: up to the face and arms, after having shaken the excess dust from one's hands);

(d and e) to wipe the face (N: not missing under the nose) and arms including the elbows;

(f) to do the above in the order mentioned;

(g) and that the dry ablution be performed by striking the earth twice, once for wiping the face, and a second time for wiping the arms.

It is not obligatory to make the earth reach under the hair (N: of the arms and face).

@E12.17: Sunnas of Dry Ablution

The sunnas of dry ablution are:

-1- to say, "In the name of Allah, Most Merciful and Compassionate";

-2- to wipe the upper face before the lower;

-3- to wipe the right arm before the left;

How to wipe arms:

-4- and for wiping the arms, (N: holding the palms up,) to place the left hand crosswise under the right with left hand's fingers touching the backs of the fingers of the right hand, sliding the left hand up to the right wrist. Then, curling the fingers around the side of the right wrist, one slides the left hand to the right elbow, then turns the left palm so it rests on the top of the right forearm with its thumb pointed away from one before sliding it back down to the wrist, where one wipes the back of the right thumb with the inside of the left thumb. One then wipes the left arm in the same manner, followed by interlacing the fingers, rubbing the palms together, and then dusting the hands off lightly.

(N: This method is not obligatory, but rather any way will suffice that wipes all of both arms.)

@E12.18 One separates the fingers when striking the earth each of the two times,and must remove one's ring for the second (N: before wiping the arms).

@E12.19: Things Which Nullify Dry Ablution

Dry ablution is nullified by both the things which nullify ablution (def: e7) and by the mere belief that one can now obtain water when this belief occurs before one begins praying, such as by seeing a mirage or a troop of riders.

This belief also nullifies dry ablution when it occurs during one's prayer if the prayer is one which must be later made up, like that of someone at home who performs dry ablution for lack of water (N: because if one performs dry ablution in a place where water is generally available during the whole year, it is obligatory to make up one's prayer, in view of the fact that the dry ablution has been performed for a rare excuse. The rule is that whoever performs the prayer without full ritual purity because of a rare excuse is obliged to make up his prayer, as when the water of a city or village is cut off for a brief period of time during which those praying perform dry ablution, while if one has performed it in a place where water is seldom available during the year, it is not obligatory to make up one's prayer, as when one performs dry ablution in the desert).  But if not of those prayers that must be made up later, such as that of a (N: desert) traveller who has performed dry ablution, then it(N: the belief that one can now obtain water, when it occurs during prayer) does not (N: nullify one's dry ablution) and one finishes the prayer, which is adequate, though it is recommended to interrupt it in order to begin again after one has performed ablution.

@E12.20: Each Dry Ablution Permits Only One Obligatory Prayer

One may not perform more than one obligatory prayer with one dry ablution, whether one of the prescribed obligatory prayers or one vowed (def: j18), though one may pray any number of nonobligatory prayers or funeral prayers with it.

*2*Chapter E13.0: The Menstrual Period

@E13.1: Minimal and Maximal Duration

The minimal age for menstruation is about 9 full years. There is no maximal age for the end of it, as it is possible until death.

The minimal mentrual period is a day and a night. It generally lasts 6 or 7 days. The maximal period is 15 days.

The minimal interval of purity between two menstruations is 15 days. There is no maximal limit to the number of days between menstruations.

@E13.2: Dusky-Colored Discharge, Intermittence, Etc.

Whenever a woman who is old enough notices her bleeding, even if pregnant, she must avoid what a woman in her period avoids (defL e13.4).  If it ceases in less than 24 hours (lit. "the minimum"), then it is not considered menstruation and the woman must take up the prayers she has omitted during it.

If it ceases at 24 hours, within 15 days, or between the two, then it is menstruation. If it exceeds 15 days, then she is a woman with chronic vaginal discharge (dis:e13.6).

Yellow or dusky colored discharge is considered menstrual flow.

If a woman has times of intermittent bleeding and cessation during an interval of 15 days or less, and the times of bleeding collectively amount to at least 24 hours, then the entire interval, bleeding and nonbleeding, is considered menstruation.

@E13.3: Postnatal Bleeding (Nifas)

Postnatal bleeding (nifas) lasts at least a moment, generally 40 days, and at most 60. If it exceeds this, the woman is considered to have chronic vaginal discharge (dis:e13.6)

@E13.4: Actions Unlawful During Menstruation

All things unlawful for someone in a state of major ritual impurity (janaba) (dis:e10.7) are unlawful for a woman during her menstruation and postnatal bleeding. It is also unlawful for her to fast then, and the (N: obligatory) fast-days she misses must be made up later, though not missed prayers.

It is unlawful for her:

-1- to pass through a mosque when she thinks some of her blood might contaminate it (N: and it is unlawful for her to remain in the mosque under any circumstances (n: when menstruating or during

postnatal bleeding) ) :

-2- to make love, or take sexual enjoyment from what is between her navel and knees;

-3- to be divorced;

-4- or to perform purification with the intention to raise a state of ritual impurity.

When her bleeding ceases, then fasting, divorce, purification, and passing through the mosque are no longer unlawful for her, though the other things remain unlawful for her until she performs the purificatory bath (ghusl, def:e11).

@E13.5 If a woman claims to be having her period, but her husband does not believe her, it is lawful for

him to have sexual intercourse with her.

@E13.6: Women with Chronic Vaginal Discharge

A woman with chronic vaginal discharge (N: preparing to pray) should wash her private parts, apply something absorbent to them and a dressing, and then perform ablution (N: with the intention discussed above at e5.3).  She may not delay (N: commencing her prayer) after this except for reasons of preparing to pray such as clothing her nakedness, awaiting the call to prayer (adhan), or for a group to gather for the prayer. If she delays for other reasons, she must repeat the purification.

She is obliged to wash her private parts, apply a dressing, and perform ablution before each obligatory prayer (N: though she is entitled, like those mentioned below, to perform as many nonobligatory prayers as she wishes, carry and read the Koran, etc. until the next prayer's time comes (n: or until her ablution is broken for a different reason), when she must renew the above measures and her ablution).

@E13.7: People with Chronic Annulment of Ablution

People unable to hold back intermittent drops of urine coming from them must take the same measures (def: above) that a woman with chronic vaginal discharge does. (N: And likewise for anyone in a state of chronic annulment of ablution, such as continually breaking wind, excrement, or madhy (def:e10.5) though washing and applying an absorbent dressing are only obligatory when filth exits.)

(A: If a person knows that drops of urine will not stop until the time for the next prayer comes, then he takes the above measures and performs the prayer at the first of its time.)

*2*Chapter E14.0: Filth (Nasaja)

@E14.1: Things That Are Filth

Filth means:

-1- urine;

-2- excrement;

-3- blood;

-4- pus;

-5- vomit;

-6- wine;

-7- (Alcohol used in cosmetics, surgery, etc.) any liquid intoxicant (n: including, for the Shafi'i school, anything containing alcohol such as cologne and other cosmetics, though some major Hanafi scholars of this century, including Muhammad Bakhit al-Muti'i Egypt and Badr al-Din al-Hasani of Damascus, have given formal legal opinions that they are pure (tahir) because they are not produced or intended as intoxicants. (N: Other scholars hold they are not pure, but their use is excusable to the extent strictly demanded by necessity.) While it is religiously more precautionary to treat them as filth, the dispensation exists when there is need, such as for postoperative patients who are unable for some time after their surgery to wash away the alcohol used to sterilize sutures. And Allah knows best.)

(N: As for solid intoxicants, they are not filth, though they are unlawful to take,eat, or drink);

-8- dogs and pigs, or their offspring;

-9- wady and madhy (def:e10.5);

-10- slaughtered animals that (N: even when slaughtered) may not be eaten by Muslims (def:16);

-11- unslaughtered dead animals other than aquatic life, locusts, or humans (A: which are all pure, even when dead, though amphibious life is not considered aquatic and filth when dead);

-12- the milk of animals (other than human) that may not be eaten:

-13- the hair of unslaughtered dead animals;

-14- (Non-meat products of an unslaughtered animal)  and the hair of animals (other than human) that may not be eaten, when separated from them during their life (N: or after their death. As for before it is separated from them, the hair is the same as the particular animal, and all animals are pure during their life except dogs and swine).

(n: In the Hanafi school, the hair of an unslaughtered dead animal (other than swine), its bones, nails (hoofs), horns, rennet and all parts unimbued with life while it was alive (A: including its ivory) are pure (tahir).  That which is separated from a living animal is considered as if from the unslaughtered dead of that animal (Hashiya radd al-muhtar ala al-Durr al-mukhtar sharh Tanwir al-absar(y47, 1.206-7). )

@E14.2: Rennet in Cheese-Making

Rennet (n: a solidifying substance used in cheese-making) is pure if taken from a slaughtered (def:j17) suckling lamb or kid that has eaten nothing except milk.

@E14.3:

That which comes from the mouth of a sleeping person is impure if from the stomach, but pure if from the saliva ducts.

@E14.5: Some Pure Substances

The following are pure:

-1- seminal fluid that has reached the stages of gestation in the womb, becoming like a bloodclot and then becoming flesh;

-2- the moisture (N: mucus) of a woman's private parts (O: as long as it remains inside the area that need not be washed in the purificatory bath (def: e11.1(b).  end) though if it exit, it is impure);

-3- the eggs of anything;

-4- the milk, fur, wool, or feathers of all animals that may be eaten, provided they are separated from the animal while living or after properly slaughtered;

-5- human milk, male sperm, and female sexual fluid (def:e10.4).

@E14.6: Forms of Filth That Can Become Pure

No form of filth can become pure, except:

-1- wine that becomes vinegar;

-2- the hide of an unslaughtered dead animal that is tanned;

-3- new animate life that comes from filth (O:such as worms that grow in carrion);

-4- (n: and for the Hanafis, filth which is transformed [molecularly changed] into a new substance, such as a pig becoming soap, etc. (al-Hadoyya al-Ala'iyya (y), 54) ).

Wine that becomes vinegar without anything having been introduced into it is pure, as are the sides of the container it touched when it splashed or boiled. But if anything was introduced into the wine before it became vinegar, then turning to vinegar does not purify it. (A: In the Hanafi school it is considered pure whether or not anything has been introduced into it.)

Tanning means removing from a hide all excess blood, fat, hair and so forthby using an acrid substance, even if impure. Other measures such as using salt, earth, or sunlight, are insufficient. Water need not be used while tanning, though the resultant hide is considered like a garment affected with filth, in that it must be washed with purifying water before it is considered pure. Hides of dogs or swine cannot be purified by tanning. Any hair that remains after tanning has not been made pure, though a little is excusable.

@E14.7: Purifying Something After Contact with Dogs or Swine

Something that becomes impure by contact.(def:below) with something from dogs or swine does not become pure except by being washed seven times, one of which (recommended not to be the last) must be with purifying earth (def: e12.1 (b) ) mixed with purifying water, and it must reach all of the affected area. One may not substitute something else like soap or glasswort in place of earth.

(n: The contact referred to is restricted, in the Shafi'i school, to contamination by traces of moisture from dogs or swine, whether saliva, urine, anything moist from them, or any of their dry parts that have become moist (Mughni al-muhtaj ila ma'rifa alfaz al- Minhaj (y73), 1.83).  (A: If something dry such as the animal's breath or hair touches one's person, it need only be brushed away.) In the Maliki school, every living animal is physically pure, even dogs and swine (al-Fiqh 'ala al-madhahib al-arba'a (y66), 1.11) (A: and they consider the above sevenfold washing as merely a sunna).  While more precautionary to follow the Shafi'i school, the dispensation exists for those who have difficulty in preventing contamination from dogs, provided their prayer with its prerequisites is considered valid in the Maliki school (dis:c6.4(end) and w14.1(6) ).  And Allah knows best.)

@E14.9 The urine of a baby boy who has fed on nothing but human milk can be purified from clothers by sprinkling enough water on the spot to wet most of it, though it need not flow over it. The urine of a baby girl must be washed away as an adult's is.

@E14.10: Washing Away Filth

As for kinds of filth that are "without substance" (N: i.e. without discernible characteristic (najasa hukmiyya) such as a drop of dry urine on a garment that cannot be seen), it is sufficient (N: to purify it) that water flow over it.

But if it is a substance (N: with discernible characteristic (najasa 'ayniyya) ).  it is obligatory to remove all taste of it, even if difficult, and to remove both color and odor if not difficult. If the odor alone is difficult to remove, or the color alone, then the fact that one of these two remains does not affect a spot's purity, though if both the odor and color of the filth remain in the spot, it is not considered pure.

@E14.11: Water Must Flow When Washing with Under 216 Liters

When using less than 216 liters of water to purify a spot affected by filth, it is obligatory that the water flow over it (N: and it may not be simply immersed in the water (dis: e1.15), though this would be permissible with more than 216 liters), but is not obligatory to wring it out. After one purifies it is recommended to wash it a second and third time.

@E14.12: Filth on Floor or Carpet

When the ground (A: or floor, or carpet) is affected with liquid filth (A: like wine or urine), it is enough to drench the place with water and is not necessary that the filth sink into the ground. If the effects of sun, fire, or wind remove the traces of the filth, the ground is still not pure until one drenches it with water.

@E14.13: Liquids Affected with Filth

Liquids other than water, such as vinegar or milk, cannot be purified after they become affected with filth. But if a solid is affected, such as shortening, one discards the filth that fell into it and the shortening around it, and the remainder is pure.

@E14.14: Whether Water That Washes Filth Is Pure or Impure

Water used to wash away filth is impure when:

-1- it changes (def: e1.17);

-2- its weight increases;

-3- (O: or if neither of the above have occurred, but some trace (N: i.e. an inexcusable amount (def: E14.10, second par) ) of filth remains on the place to be purified);

-but if none of the above occurs, then it is not impure (O: i.e then the water is pure but not purifying to other things); though if it amounts to (N: or is added to until it amounts to)  216 or more liters (dis E1.16), then it is purifying. If less, it is considered the same as the spot it washed: if the spot is pure (N: i.e an inexcusable trace does not remain) then the water is pure, but if the spot is still impure, then the water is impure.

@E14.15: A Garment Damp with Filth Touching a Dry One

(n: the Hanafi school, if a garment's damp spot of filth, whose quantity is too slight to wring out any drops, touches another dry, pure garment, the latter does not become impure (Maraqi al-falah sharh Nur al-idah(y126), 31). )

*1*BOOK F: THE PRAYER (SALAT)

@CONTENTS:

Who Must Pray f1.0

States In Which Prayer Is Not Obligatory f1.1

Those who miss prayers must make them up f1.1

Age at Which Prayer Is Obligatory f1.2

Denying Obligatoriness of Prayer Etc. Is Unbelief f1.3

Those Who Neglect the Prayer Are Executed fl.4

Excuses for Delaying the Prayer f1.5

Prayer Times and Making Up Missed Prayers f2.0

The Times of the Five Prescribed Prayers f2.1

Prayer times at extreme latitudes f2.1 (end)

The Best Prayer Is at the First of Its Time f2.2

When Part of a Prayer Occurs After the Time f2.3

Knowing When the Time Has Come f2.5

Making up Missed Prayers f2.6

Immediacy is obligatory if missed without excuse f2.7

Order of making up missed prayers f2.8

Before or after current prayer f2.9

Not Remembering Which Prayer Was Missed f2.11

Prayers Missed by Timing Error Day After DAy f2.12

The Call to Prayer (Adhan) and Call to Commence (Iqama)  f3.0

Call to Prayer and Call to Commence Are Sunna f3.1

Call to Prayer Is Superior to Leading Group Prayer f3.2

When Praying Alone or After the Group f3.3

For Women's Group Prayer f3.4

With Make-up Prayers f3.5

Words of Call to Prayer and Call to Commence f3.6

Conditions for Validity f3.7

Time f3.8

Recommended Features f3.9

The Muezzin f3.10

Replying to the Words f3.11

After the Call Finishes f3.12

Purity of Body, Clothes, and Place of Prayer f4.0

Purity Is a Condition of Prayer f4.1

Purity of Place f4.2

Excusable and Inexcusable Amounts of Filth f4.3

Other than blood f4.3

Blood or pus f4.4

Meaning of little, much, etc., in legal rulings f4.5

Learning of Impurity After Finishing the Prayer f4.7

Uncertainity About the Existence of Filth f4.8

All things presumed pure unless proven otherwise f4.8

Inability to eliminate filth f4.9

Losing Track of a Spot of Filth on a Garment f4.10

Losing Track of Filth on the Floor f4.12

Places Offensive to Pray in f4.14

Clothing One's Nakedness f5.0

Obligatory Even When Alone f5.1

Clothing Nakedness Is a Condition of Prayer f5.2

Noticing a hole in one's clothes after prayer f5.2

Meaning of Nakedness f5.3

Conditions for Clothing f5.4

Recommended Clothing for a Woman's Prayer f5.6

Recommended Clothing for a Man's Prayer f5.7

Prayer of Those Who Lack Adequate Clothing f5.8

Facing the Direction of prayer (Qibla) f6.0

A Condition for the Prayer's Validity f6.1

Not Necessary for Nonobligatory Prayers on Journeys f6.2

When Praying at the Kaaba f6.3

Relying on the Prayer Niche (Mihrab) of Mosques f6.5

Establishing the Direction by Personal Reasoning f6.6

In places remote from the Middle East f6.6(n:)

Mistakes discovered after finishing the prayer f6.7

Meaning of facing the right direction f6.7 (n;)

Placing a Barrier in Front of One's Prayer Place f7.0

Recommended f7.1

Meaning of barrier f7.1

Meaning of Passing in Front of Someone at Prayer f7.3

One May Pass in Front to Fill in Gaps at Group Prayer f7.4

Description of the Prayer (Salat) f8.0

Special Vocabulory f8.1

Measures Recommended Before the Prayer f8.2

Straightening rows of group prayer, etc. f8.2

Superior to stand on the imam's right f8.2(4)

The Intention f8.3

Things that vitiate the intention f8.5

Beginning a Prayer Before Its Time f8.6

The Opening Allahu Akbar f8.7

Conditions f8.7

Minimal auditability f8.9

Meaning of aloud and to oneself f8.10

Necessary to be standing f8.11

Raising hands therein f8.12

Position of Hands and Eyes During Prayer f8.12

Closing Eyes During Prayer f8.12 (A:)

The Opening Supplication (Istiftah) f8.13

Recommended f8.13

Words of f8.13

Not returned to after the Ta'awwudh f8.14

For latecomers to group prayer f8.15

How Much of Fatiha a Latecomer Must Recite f8.15

Ta'awwudh : I Take Refuge, Etc. f8.16

The Fatiha f8.17

Obligatory f8.17

Deliberate pauses therein f8.17

Mistakes f8.18

Saying "Ameen " f8.19

Reciting a Sura f8.20

Recommended suras f8.20

Way of reciting f8.21

When behind an imam f8.22

Longer sura in first rak'a f8.23

For latecomer rising to finish his prayer alone f8.24

Reciting the Fatiha and Sura Aloud or to Oneself f8.25

Standing f8.27

An integral of prescribed prayers f8.27

Meaning of standing f8.27

Superior to bowing or prostrating at length f8.27

Sitting is permissible for nonobligatory prayers f8.28

Bowing f8.29

An integral f8.29

Meaning of bowing f8.29

Meaning of repose therein f8.29

Optimal way f8.30

Prolonging the Allahu Akbars in movements of prayer f8.30

What is said while bowing f8.30

Straightening up from bowing f8.31

An integral f8.31

At minimum f8.31

Optimal way f8.32

What is said therein f8.32

Prostration f8.33

An integral f8.33

Conditions for validity f8.33

Inability to prostrate, bandaged forehead, etc. f8.34

Optimal way f8.35

What is said therein f8.35(5)

Sitting Between Prostrations f8.36

An integral f8.36

At minimum f8.36

Optimal way (iftirash) f8.37

What is said therein f8.37(4)

Other styles of sitting f8.38

Sitting Up After Second Prostration Before Rising f8.40

The Second Rak'a f8.41

Testification of Faith After the First Two Rak'as f8.42

Styles of sitting: tawarruk and iftirash f8.43

However one sits is permissible f8.43

The hands at the Testification of Faith (Tashahhud) f8.43

Moving the finger is offensive f8.44

Minimal testification therein f8.45

optimal way f8.45 

Minimal and optimal Blessings on the Prophet f8.45

Supplication at the End of the Prayer f8.46

What is said therein f8.46

Closing the Prayer with Salams f8.47

At minimum f8.47

Optimal way f8.47

The intention therein f8.47

Latecomer Finishes His Prayer After Imam's Salams f8.48

Delaying One's Salam's Long After the Imam Finishes f8.49

Postprayer Invocations (Dhikr) f8.50

Recommended f8.50

Said to oneself f8.50

Imam turns to the right f8.51

Nonobligatory Sunna Prayers Are Superior at Home f8.52

Exceptions f8.52(1)

Standing in Supplications in the Dawn Prayer (Qunut) f8.53

What is said therein f8.53

What Invalidates, Is Offensive, or Obligatory in Prayer f9.0

Extraneous Speech or Sound f9.1

Invalidates prayer f9.1

Ordinary people's ignorance of some things f9.1(A:)

Speaking up to warn someone f9.2

Dhikr permissible unless comprising direct address f9.3

What to do in prayer to apprise others f9.4

Substance Reching the Body Cavity f9.5

Invalidates prayer f9.5

Extraneous Motion f9.6

Intentional extra prayer integral invlidaes it f9.6

Much non prayer motion invalidates prayer f9.7

Meaning of Much f9.7

Slight motions do not invalidate prayer f9.8

Things Offensive in Prayer f9.9

Holding back from going to the lavatory f9.9

Praying in the presence of desired food or drink f9.10

Other offensive actions f9.10(1)

Things Obligatory in Prayer f9.12

The Conditions of the Prayer f9.13

Violating any condition invalidate the prayer. f9.13

The Obligatory Integrals of the Prayer f9.14

The Main Sunnas of the Prayer f9.15

Omitting one calls for forgetfulness prostration f9.15

Omitting other sunnas f9.

Supererogatory Prayer f10.0

Prayer Is the Best of Bodily Works f10.1

Sunna Rak'as Before and After prescribed Prayers f10.2

Optimal number f10.2

Confirmed sunnas (Sunna mu'akkada) f10.2

Times f10.2

Witr (the Final Prayer Before Dawn) f10.3

Time f10.4

Praying night vigil (tahajjud) after witr,etc. f10.4

Tarawih f10.5

Midmorning Prayer (Duha) f10.6

Making Up Missed Supererogatory Prayers, Etc. f10.9

The Night Vigil Prayer (Tahajjud) f10.8

Joining a Series of Supererogatory Prayers, Etc. f10.9

Greeting the Mosque f10.10

Accomplished by two rak'as of any kind f10.10

Nonobligatory Prayers Offensive When Group Has Begun f10.11

The Guidance Prayer (Istikhara) f10.12

Nonobligatory Prayer Superior at Home f10.13

Choosing Thursday Night to Pray is Offensive f10.14

Spurious Prayers That Some People Perform f10.15

Prostrations of Forgetfulness, Koran Recital, or Thanks f11.0

The Forgetfulness Prostration f11.1

Has two reasons f11.1

Nonperformance of a Prayer Integral f11.2

Adding a Surplus Prayer Action f11.3

Missing a Main Sunna f11.4

Reciting the Fatiha Etc. at Wrong Point in Prayer f11.5

Adding a Surplus NonPrayer Action f11.6

Forgetting the First Testification of Faith f11.7

If the imam forgets it f11.8

Doubts As to Whether One Has Made a Mistake f11.9

Forgetfulness Prostration Is Only Twice f11.10

Mistakes Made by One's Imam f11.11

Mistakes Made by Followers f11.11

Forgetfulness Prostration Is a Sunna f11.12

Performed before final Salams f11.12

The Koran Recital Prostration f11.13

Sunna for reciter, listener, and hearer f11.13

How it is done f11.16

Asking for Mercy When Reciting the Koran f11.18

The Prostration of Thanks f11.19

Group Prayer and the Imam f12.0

A Communal Obligation f12.1

Friday Prayer is Personally Obligatory f12.3

Best Group Prayer is Dawn, Then Nightfall, Etc. f12.4

Best for women to pray at home f12.4

Legitimate Excuses for Not Attending Group Prayer f12.5

Follower's Intention f12.6

Imam's Intention f12.7

When Walking to Prayer f12.8

When Group Begins After One has Begun Alone f12.9

Breaking Off Participation in Group Prayer f12.10

Arriving Late to a Group Prayer f12.11

Finishing alone f12.13

Following the Imam's Actions Is Obligatory f12.14

Getting Ahead of the Imam f12.15

Lagging Behind the Imam f12.16

For a valid reason f12.17

Finishing the Fathiha in each rak'a before bowing f12.17

Imam Waiting for Latecomer to Join Prayer f12.18

Imam of Mosque Has Best Right to Lead the Prayer f12.19

Repeating One's Prayer with a Group f12.20

Briefness in Leading Group Prayers f12.21

Prompting the Imam When He Forgets Something f12.22

If Imam Forgets an Obligatory Element, Etc. f12.23

Imam Leaving the Prayer for Another to Finish f12.24

The Imamate f12.25

The person with the best right to lead prayer f12.25

Offensive for someone the majority dislike f12.26

Conditions for being an imam f12.27

Imam performing a Different Prayer than Follower f12.28

Imam of a Different School of Jurisprudence f12.29

Rules and Conditions of Following f12.31

Where followers stand, etc. f12.31

A woman imam leading women at prayer f12.32

Follower May not Stand Ahead of Imam f12.35

Leadership Unconditionally Valid in Mosques f12.36

Multiple interconnected mosques, etc. f12.36

Maximal Distances Between Imam and Followers f12.37

Times When the Prayer is Forbidden f13.0

Refers to Non obligatory prayers without a Reason f13.1

Times f13.2

Exceptions include Friday noons and at the Kaaba f13.4

The Prayer of a sick Person f14.0

Sitting when Unable to stand f14.1

Meaning of unable f14.1

Bowing and Prostrating while seated f14.2

Sitting when an Ailment Prevents It f14.3

Prayer When Medical Treatment Entails Not Standing f14.4

Inability to Stand, Sit, Etc. f14.5

Shortening or Joining Prayers for Travel or Rain f15.0

Shortening Prayers while Travelling f15.1

Meaning of travelling f15.1

No dispensations on recreational outings f15.3

Destination must be known f15.4

Disobedience on a journey f15.5

Point at which one may begin shortening prayers f15.6

The End of the Journey f15.7

Ends with intention to stay for more than four days f15.7

Conditions for Shortening Prayer While Travelling f15.8

Joining Two Prayers During a Journey f15.9

Which prayers may be joined f15.9

Conditions for joining in the time of the first f15.10

When journey ends after having jointed prayers f15.11

Conditions for joining in the time of the second f15.12

Joining Prayers Because of Rain f15.14

Conditions for validity f15.14

Latecomers to a joined group prayer f15.15

If rain stops while praying the second f15.16

Not permissible to join in the second's time f15.17

Other Reasons for Joining Prayers f15.18

Praying Sunna Rak'as When Joining Prayers f15.19

The Prayer of Peril f16.0

Performed When Engaged in Permissible Fighting f16.1

How Performed in Various Circumstances f16.2

Unlawful Clothing and Jewelry f17.0

Tight-Fitting Clothing f17.1

Silk f17.2

Garments Affected with Filth f17.5

Gold for Men f17.6

Permissible for repairing teeth f17.7

Silver Rings permissible for Men f17.8

Other Uses of Gold and Silver f17.8

Gold Jewellery Permissible for Women f17.11

The Friday Prayer (Jumu'a) f18.0

Who Must Attend f18.1

Noon Prayer Unlawful If Prayer Is Missed f18.6

Friday Travel Unlawful If Prayer Is Missed f18.6

Conditions for the Validity of Friday Prayer f18.7

More than One Friday Prayer in a City f18.8

The Sermon (Khutba) f18.9

Integrals f18.9

A sample Sermon f18.9

Conditions for a sermon's validity f18.10

Sunnas f18.11

Description of Friday Prayer f18.12

Latecomers to the prayer f18.13

Recommended Measures for Those Attending f18.14

Things Offensive at the Friday Prayer f18.15

Offensive to prefer others in acts of worship f18.16

Praying etc. during the sermon f18.17

Recommended Measures on Fridays f18.18

The Moment prayers are answered f18.19

The Prayer on the Two Eids f19.0

A Confirmed Sunna f19.1

Time and Place f19.1

Recommended Measures f19.3

Description of Eid Prayer f19.5

Saying Allahu Akbar on the Days of Eid f19.8

The Eclipse Prayer f20.0

A confirmed Sunna f20.1

Description of Eclipse Prayer f20.4

At minimum f20.4

Optimal way f20.5

Sermon afterwards f20.6

Time f20.7

The Drought Prayer f21.0

A confirmed Sunna f21.1

When It is Performed Etc., f21.2

Description of Drought Prayer f21.3

Various Sunnas f21.4

For neighbouring lands not suffereing from drought f21.4

At the first rainfall of the year f21.5

When thunder and lightening occur f21.6

When there is too much rain f21.7

*2*Chapter F1.0: Who Must Pray

@(O: The legal basis for the prayer, prior to scholarly consensus, is Koranic verses such as the word of Allah Most High,

"And perform the prayer" (Koran 2:43),

and hadiths such as the word of the Prophet (Allah bless him and give him peace) :

"On the night I was taken from Mecca to Jerusalem [dis: Koran 17:1], Allah imposed fifty obligatory prayers upon my community. So I kept petitioning Him in the matter, asking they be lightened, until He made them but five each day and night";

a hadith related by Bukhari, Muslim, and others.)

@F1.1:

The prayer is only obligatory for Muslims who have reached puberty, are sane, and in purity (O: meaning not during menstruation or postnatal bleeding).

Those who lose their reason through insanity or illness do not have to make up the prayers they miss while in this state, and nor do converts to Islam (N: make up prayers form before their Islam).

An apostate from Islam (murtadd, def:o8) who then returns must make up every prayer missed. (n: w18 discusses why making up prayers missed without excuse is obligatory.)

@F1.2:

When a child with discrimination (O: meaning he can eat, drink, and clean himself after using the toilet unassisted) is seven years of age, he is ordered to perform the prayer, and when ten, is beaten for neglecting it (N: not severely, but so as to discipline the child, and not more than three blows).

@F1.3:

Someone raised among Muslims who denies the obligatoriness of the prayer, zakat, fasting Ramadan, the pilgrimage, or the unlawfulness of wine and adultery, or denies something else upon which there is scholarly consensus (ijma`, def:b7) and which is necessarily known as being of the religion (N: necessarily known meaning things that any Muslim would know about if asked) thereby becomes an unbeliever (kafir0 and is executed for his unbelief (O: if he does not admit he is mistaken and acknowledge the Obligatoriness or unlawfulness of that which there is scholarly consensus upon. As for if he denies the obligatoriness of something there is not consensus upon, then he is not adjudged an unbeliever).

@F1.4:

A Muslim who holds the prayer to be obligatory but through lack of concern neglects to perform it until its proper time is over has not committed unbelief (dis: w18.2).

Rather, he is executed, washed, prayed over, and buried in the Muslim's cemetery (O: as he is one of them. It is recommended, but not obligatory, that he be asked to repent (N: and if he does, he is not executed) ).

@F1.5:

No one has an excuse to delay the prayer beyond its time except:

-1- someone asleep (N: when its time first came who remained so until the time ended);

-2- someone who forgot it;

-3- or someone who delayed it to combine two prayer during a journey (dis:f15.12).

*2*Chapter F2.0: Prayer Times and Making Up Missed Prayers

@F2.1: Prayer Times

The prescribed prayers are five:

-1- The time for the noon prayer (zuhr) begins after the sun's zenith for that day, and ends when an object's shadow, minus the length of its shadow at the time of the sun's zenith, equals the object's height.

-2- The time for the midafternoon prayer (`asr) begins at the end of the noon prayer's time, and ends at sunset, though when an object's shadow (N: minus the length of its shadow at the sun's zenith) is twice as long as the object's height, the preferred time is over and the merely permissible time remains.

-3- The time for the sunset prayer (maghrib) begins when the sun has completely set. It only;y lasts long enough to perform ablution (wudu), clothe one's nakedness, make the call to prayer (adhan) and call to commence (iqama) and to pray five moderate length rak'as (units) of prayer. It is a sin to delay commencing the sunset prayer beyond this, and if one does, one is making up a missed prayer (O: i.e., according to the position the author has adopted, which contradicts the more reliable opinion that one's prayer is not a makeup until after the red has disappeared from the sky), though if one begins it within the right time, one may continue until the red disappears from the sky.

-4- The time for the nightfall prayer (`isha) begins when the red of sunset leaves the sky, and ends at true dawn (n:true dawn being when the sky around the horizon begins to grow light. Before this, a dim light sometimes appears overhead for some minutes followed by darkness, and is termed the deceptive dawn (al-kadhib) (Al-Iqna' fi hall alfaz Abi Shuja' (y7), 1.95).  But after a third of the night has passed, the preferred time for nightfall prayer has ended and the merely permissible remains.

-5- And the time for the dawn prayer (subh) begins at true dawn and ends at sunrise, though the preferred time for it ends when it becomes light outside, after which the merely permissible remains. (n: Prayer times vary a little each day with the season and the year, and from one town to another through the effects of latitude and longitude. One can keep abreast of the changes by obtaining the whole year's times in a printed calendar from one's local Muslim association or mosque, or by using the pocket computer mentioned below at w19, which discusses how one fasts and prays at northerly latitudes (including much of North America and Europe during teh summer months) lacking the features that legally define the true prayer and fasting times, such as nightfall or true dawn.)

@F2.2

it is best to pray every prayer at the first of its time, taking the necessary steps at its outset, such as purification, clothing one's nakedness, giving the call to prayer (adhan and call to commence (iqama), and then praying.

@F2.3

If less than one rak'a of one's prayer occurs within the proper time (A: meaning that one does not life one's head from the second prostration of the rak'a before the time ends) and the remainder takes place after it, then the whole prayer is considered a make-up. If one rak'a or more takes place within the prayer's time and the remainder is after it, then the prayer is considered a current performance, though it is unlawful to intentionally delay the prayer until part of it occurs after the time is finished.

@F2.5

It is permissible to relay (N: for knowledge that a prayer's time has come) on a knowledgeable, dependable muezzin (caller to prayer).  If one lacks someone to inform one of the time, then one may reason on the basis of reciting a scheduled period of invocation or Koran recital (Ar.wird) (n:referring to those whose wirds normally take the whole time between two prescribed prayers such that when they finish, they know the time for the second prayer has come. The legal basis of wirds is discussed at w20), and the like (N:including modern clocks, and prayer time calendars issued by experts on the times in various localities.

MAKING UP MISSED PRAYERS

@F2.6

When enough of a prayer's time has elapsed to have performed the prayer during it and someone who has not yet prayed loses their reason or their menstrual period begins they are obligated to make up that missed prayer (O: as soon as they are able).

@F2.7

Whenever a prescribed prayer is missed for a valid reason (def:f1.5).  it is recommended to make it up immediately.

If missed without a valid reason, it is obligatory to make it up (dis: w18) immediately (A: meaning during all one's time that is not occupied by necessities, In the Shafi'i school, it is not even permissible for such a person to perform sunna prayers(N:before having finished making up the missed ones).  The same applies to making up missed obligatory fasts (N: by fasting a day in place of each day missed), and it is unlawful to delay doing so until the following Ramadan(dis:i1.33).

@F2.8

It is recommended that missed prayers be made up in the order they were missed. (n:The call to prayer (adhan) and call to commence (iqama) when making up missed prayers are discussed at f3.5, and whether to recite prayers aloud or to oneself at f8.25.)

@F2.9

It is recommended to make up missed prescribed prayers before performing the current one, unless one fears its time will pass, in which case it is obligatory to pray the current one first.

If one begins making up a missed prayer thinking that there will be time for both it and the current prescribed prayer, but finds that there is only enough time left for the latter, then one must discontinue the make-up in order to perform the current one.

@F2.10

If one has a prayer to make up and finds the current prayer being performed by a group, it is recommended to perform the make-up by oneself before praying the current one.

@F2.11

If one misses one or more of the five prayers but does not remember which of them it was, then one must pray all five, intending for each one making up the missed prayer.

@F2.12

(n:If someone finds he has been consistently mistaken day after day in praying, for example, the dawn prayer(subh) before its time, or some similar timing error, then each prayer performed after the first day of the whole series of prayers thus mistakenly prayed is considered the make-up of the day before it, and when such a person discovers the error, he has only one prayer to make up, namely the one on the last day prior to learning of the mistake (Mughni al-muhtajila ma'rifa ma'ani alfaz al-Minhaj (y73), 1.127). )

*2*Chapter F3.0: The Call to Prayer (Adhan) and Call to Commence (Iqama)

@F3.1

The call to prayer (adhan) and call to commence(iqama) are two sunnas for the prescribed prayers, even when praying alone or in the second group to pray (N: in a mosque, for example), such that there is public congnizance (O: of both the call to prayer and to commence, whether in a large or small town).

@F3.2

To give the call to prayer (adhan) is better than being the imam for a group prayer (O: though to be imam is superior to giving the call to commence (iqama) ).

@F3.3

When praying alone in a mosque where a group has already prayed, one does not raise one's voice in giving the call to prayer, though if no group has yet prayed, one raises it. The same applies to a second group to pray: they do not raise their voice.

@F3.4

It is sunna for a group of women who are praying together to give the call to commence without giving the call to prayer.

@F3.5

When making up one or more missed prescribed prayers, one gives the call to prayer only for the first (N: in the series), but gives the call to commence for each one.

@F3.6

The words of the call to prayer and call to commence are well known.

(n: The words of the call to prayer mean: "Allah is greatest, Allah is greatest. Allah is greatest, Allah is greatest. I testify there is no god but Allah. I testify there is no god but Allah. I testify that Muhammad is the Messenger of Allah. I testify that Muhammad is the Messenger of Allah. Come to the prayer. Come to the prayer. Come to success. Come to success. [n: At this point, before the dawn prayer only, one adds: "Prayer is better than sleep. Prayer is better that sleep. "] Allah is greatest. Allah is greatest. There is no god but Allah."

The words of the call to commence mean: "Allah is greatest, Allah is greatest. I testify there is no god but Allah. I testify that Muhammad is the Messenger of Allah. Come to the prayer. Come to success. The prayer is commencing. The prayer is commencing. Allah is greatest, Allah is greatest. There is no god but Allah.")

@F3.7

Each word (N: of both of them) must be recited in the order mentioned above.

If one remains silent for long or speaks at length between the words of the call to prayer (O: or call to commence), it is not valid and must be begun again, though a short remark or silence while calling it does not invalidate it.

When giving the call to prayer or call to commence by oneself, the minimal auditbility permissible is that one can hear oneself. The minimum when calling them for a group is that all their contents can be heard at least one other person.

@F3.8

It is not valid to give the call to prayer before a prayer's time has come, except for the dawn prayer, when it is permissible to give the call to prayer from the middle of the night onwards (N: as is done in Mecca and Medina).

@F3.9

When giving the call to prayer and call to commence, it is recommended to have ablution (wudu), stand, face the direction of prayer, and to turn the head(not the chest or feet) to the right when saying, "Come to the prayer," and to the left when saying, "Come to success."

It is offensive to give the call to prayer while in a state of minor ritual impurity (hadath), more offensive to do so in a state of major ritual impurity(janaba), and even worse to give the call to commence(iqama) while in either of these two states.

It is recommended:

-1- to give the call to prayer from a high place near the mosque;

-2- to put one's fingertips in one's ears while calling it;

-3- to take one's time in giving the call to prayer (A: pausing for an interval after each sentence equal to the sentence's length) (O: except for repetitions of "Allah is Greatest," which are said in pairs);

-4- and to give the call to commence rapidly, without pause.

@F3.10

It is obligatory for the muezzin (O: or person giving the call to commence) :

(a) to be Muslim;

(b) to have reached the age of discrimination (def:f1.2);

(c) to be sane;

(d) and if calling for a men's group prayer, to be male.

It is recommended that he be upright (def:o24.4) and have a strong, pleasant voice.

It is offensive for a blind person to give the call to prayer unless a sighted person is with him (O: to tell him when the time has come).

@F3.11

When one hears the call to prayer (N: or call to commence), it is recommended to repeat each phrase after the muezzin, even if in a state of major ritual impurity (janaba), during menstruation, or when reciting impurity (janaba), during menstruation, or when reciting the Koran (N: and a fortiori when reading or reciting something else).

One does not repeat the phrases "Come to the prayer" or "Come to success," but rather says after them, "There is no power or strength except through Allah." And at the call to prayer at dawn, one does not repeat "Prayer is better than sleep,"but instead says, "You have spoken the truth, and piously."

When the person giving the call to commence says, "The prayer is commencing," one replies,"May Allah establish it and make it endure as long as the heavens and earth, and make me one of the righteous of its folk."

If one hears it while making love, going to the lavatory, or performing the prayer, one says the words when finished.

@F3.12

It is recommended for the muezzin, after he finishes, and those hearing him to bless the Prophet (Allah bless him and give him peace).  (A: It is unobjectionable in the Shafi'i school for the muezzin to do so as loudly as the call to prayer.) Then one adds, "O Allah, Lord of this comprehensive invitation and enduring prayer, grant our liegelord Muhammad a place near to You, an excellence and exalted degree, and bestow on him the praiseworthy station that You have promised him." 

*2*Chapter F4.0: Purity of Body, Clothes, and Place of Prayer

@F4.1

It is a necessary condition (shart) for the validity of prayer that one have purity (N: absence of filth (najasa, def:e14.1) ) in:

(a) body:

(b) clothing, whether or not it moves with the person (N:who is praying);

(c) anything that touches the body or clothing (O: though if one's chest overhangs something impure while prostrating without touching it, this does not hurt);

(d) and the place on which one is standing during the prayer.

@F4.2 

One's prayer is invalid if one is holding the end of a rope connected with something impure.

One's prayer is valid if performed on the pure portion of a rug which is affected with some filth (N: on another part) or on a bed whose legs rest on something impure, even if the rug or bed moves when one's own portion moves. (N: The rule illustrated by these examples is that it is not permissible for the person praying to support or carry something affected by filth, but is persmissible for him to be supported by it, provided he is not in direct contract with the filth.)

@F4.3 

Impure substances (najasa) other than blood (dis:below) that are indiscernible by (A:average) vision are excusable, though if visually discernible, they are inexcusable. (A: That which is seen by a normal look is not excusable, while that which can only be seen by minute scrutiny is excusable.)

@F4.4 

As for blood or pus, if it is from another, (O: human or otherwise,) then only a little (def:below) is excusable, though if from the person praying, it is excusable whether much or little regardless if from a squeezed pimple, a boil, a sore, being bled, cupped, or something else.

@F4.5 

(N: In rulings of Sacred Law, the application of key descriptive terms like little, much, near, far, briefly, at length, and so forth, is governed by the concept of common acknowledgement ('urf).  To know whether something is little or much, which could be stipulations in a particular ruling, we stop to reflect whether it is commonly acknowledged as such, namely, whether most people would describe it as such when speaking about it.

Common acknowledgement also takes into consideration what is normal or expected under the circumstances. For example, a few drops of animal blood on the clothes of a butcher would be little, while the same amount on the clothes of student would be much.)

@F4.7 

If one prays with (N: an inexcusable amount of) something impure (N: on one's person, place, or clothes) that one did not know of or forgot, and notices it after finishing, one must repeat the prayer, It invalidates the prayer if noticed during it.

@F4.8 

If one gets some mud on oneself from the street and but is not certain it contains, filth, then it is is considered pure (N: the rule being that the initial presumption for all things is that they are pure, as long as their impurity has not been decisively established).

@F4.9 

Someone unable to remove filth from his person or who is being held in an impure place must pray and later make up the prayer when capable of purity. (N: When being held in an impure place,) one bows the head as close to the ground as possible without actually contacting the filth, which is unlawful to place the forehead upon.

@F4.10 

If one loses track of a spot of filth on a garment, then, all of it must be washed without trying to decide where the spot might be, though if someone reliable knows where it is and informs one, one may accept this.

@F4.11 

If a spot of filth is on one of two garments (N: one of which the person wants to pray in)  and the person is not sure which then he may reason and choose the one he believes is pure (N: to pray in), regardless of whether another pure one is available or whether he can wash one to use.(N: But it is not obligatory to try to decide which is pure. Rather, he may wash one, or both, and pray in them, or pray in some other garment.)

If one washes the garment believed to have filth on it, then one may pray wearing both garments, or pray in each garment alone, though if one makes no attempt to decide which garment is impure, but rather performs a prayer in each one separately, then neither prayer is valid.

@F4.12 

If one loses track of its location on a small plot of ground in open country, one may pray wherever one wishes.

But if one loses track of the location of filth on the ground or in a room (bayt, lit. "house," meaning a one-room dwelling), then all the ground or floor must be washed (def:e14.12) before one may pray on any of it.

@F4.14

It is offensive to pray:

-1- in a bathhouse or its outer room where clothes are removed;

-2- in the middle of a path;

-3- at a rubbish dump;

-4- at a slaughterhouse;

-5- in a church;

-6- in places where taxes (dis: p32) are gathered or taken;

-7- in places likely to be contaminated by wine;

-8- on top of the Kaaba;

-9- or towards a tomb(dis:w21).

@F4.15 

Prayer is unlawful in a garment or on land wrongfully taken, being legally valid (dis:c5.2), but without reward.

*2*Chapter F5.0: Clothing One's Nakedness

@F5.1  Clothing one's nakedness

(O: from the eyes of men as well as jinn (def:w22) and angels, for these too see people in this world) is obligatory, by scholarly consensus (ijma,b7), even when alone, except when there is need to undress. (O: Zarkashi states (A: and it is the authoritative position for the school) that the nakedness it is obligatory to clothe when alone consists solely of the front and rear private parts for, men, and of that which is between the navel and the knees for women.)

@F5.2 

Clothing one's nakedness is a necessary condition for the validity of the prayer (O: when one is able).

Seeing a hole in one's clothes after a prayer is like seeing a spot of filth (n; meaning the prayer must be repeated, as at f4.7, unless one covers the hole immediately, as below at f5.5).

@F5.3 

The nakedness of a man (O: man meaning the counterpart of the female, including young boys, even if not yet of the age of discrimination) consists of the area between the navel and knees. The nakedness of a woman (O: even if a young girl) consists of the whole body except the face and hands. (N: The nakedness of woman is that which invalidates the prayer if exposed (dis:w23).  As for looking at women, it is not permissible to look at any part of a woman who is neither a member of one's unmarriageable kin (mahram, def:m6.1) nor one's wife, as is discussed below in the book of marriage (m2). )

@F5.4

It is a necessary condition that one's clothing:

(a) prevent the color of the skin form being perceptible (n:Nawawi notes, "A thin garment beneath which the blackness or whiteness of the skin may be seen is not sufficient, nor a garment of thick, gauze like fabric through which part of the nakedness appears"(al-Majmu'(y108), 3.170) );

(b) enclose the body as a garment, for a prayer, performed without clothes in a small tent would not be valid;

(c) and conceal the nakedness from view on all sides and above, though it need not do so from below.

@F5.5 

One's prayer is valid when there is a tear through which one,s nakedness shows that one covers with one's hand (A: immediately, i.e. one must do so before enough time passes to say "Subhan Allah") (O: that is, one must cover it with one's hand when not prostrating, at which point not covering it is excusable)

@F5.6 

It is recommended for a woman to wear a covering over her head (khimar), a full length shift, and a heavy slip under it that doesn't cling to the body. (O: She should not wrap it so tightly about herself that it hinders standing, sitting, and other postures connected with the actions of prayer. She is recommended to pray in three garments even though the headcover and shift lone are sufficient as a covering .)

@F5.7 

It is recommended for a man to pray in his best clothes, and to wear an ankle-length shirt and a turban (O: and a shawl over head and shoulders, a mantle, and a wraparound or loose drawers (N: under the ankle-length shirt) ).  If the does not wear all of these, it is desirable to wear two, namely the ankle-length shirt with either the mantle, the wraparound, or the loose drawers.

@F5.8

If only wearing enough to clothe one's nakedness, one's prayer is valid, though it is recommended to place something on one's shoulders even if only a piece of rope.

If one does not have clothes but is able to conceal part of one's nakedness, one must cover the front and rear private parts. If only one of these two can be covered, it must be the front. If one has no clothes at all, then one performs the prayer without clothes and need not make it up later.

*2*Chapter F6.0: Facing the Direction of Prayer (Qibla)

@F6.1 

Facing the direction of prayer (QIBLA) is a necessary condition for the prayer's validity, with the sole exceptions of praying in extreme peril (dis:f16.5) and nonobligatory prayers performed while travelling.

@F6.2 

(N: The rulings below deal with nonobligatory prayers, not the five prescribed ones, which must be performed while facing the proper direction for prayer(qibla) whether one is riding in a vehicle or not (dis:w24). )

A traveller may perform nonobligatory prayers riding or walking, even on short trips.

When riding and able to face the direction of prayer, prostrate, and bow, as when on a ship, one is obligated to. If not able, the one is only required to face the direction of prayer, during the first Allahu Akbar of the prayer, provided this is not difficult, as when one's mount is stationary or when one can turn oneself or one's mount the proper direction. If it is difficult, as one's mount is not properly saddle broken, or if the reins are not in one's hands, as when riding in a pack train with each animal tied to the one ahead of it, then it is not obligatory to face the direction of prayer at any point of the prayer's performance, and one merely nods in the direction of travel instead of bowing and prostrating. One's nod for prostration must be deeper than the nod for bowing. One does not have to bow to the limit of one's capacity, nor bow the forehead until it touches the mount's back, though this is permissible if oneself, though this is permissible if one trouble oneself to do so.

When praying while walking, one must stop to bow and prostrate on the ground (O: if easy, though if walking in mud, water, or snow, one may simply nod), and may walk during the rest of the prayer, though it is obligatory to face the direction of prayer during the first Allah Akbar and at each bowing and prostration.

Such prayers (O: whether riding or walking) are only valid on condition.

(a) that one's journey continue for the prayer's duration;

(b) and that one not turn from the direction of travel towards anything but the direction of prayer.

If one reaches home while thus praying, or the destination, or a town where one intends to stay, then one must face the direction of prayer, and bow and prostrate on the ground or on one's mount if stopped.

@F6.3 

When at the Kaaba, one must pray directly towards the Kaaba itself. One's prayer is invalid if one merely faces the semicircular wall (N:Hijr Isma'il) that is to one side of it, or directs any part of the body outside the outline of the Kaaba, unless one is standing at the end of a long row of people praying at the periphery of al Masjid al-Haram(n:the mosque of the Kaaba), a row which, if the people in it were to advance, some of them would be facing outside the Kaaba's outline. To pray in such a row is valid for everyone in it.

@F6.5 

For knowledge of the proper direction it is obligatory to rely to rely on the prayer niche (mihrab) of mosque in a city or village through which many people pass.

At every place the Prophet (Allah bless him and give him peace) faced to pray and established where he stood, it is obligatory to pray facing as he did, without reconsidering the direction of prayer or turning right or left, though in other places one may use personal reasoning as to whether to turn right or left.

@F6.6 

If one does not find an informant to tell one of the proper direction of prayer by having seen the Kaaba in that direction, then one employs personal reasoning, using other evidence.

(n: To establish the direction of prayer in cities far from Mecca one may use a world globe and a piece of string, since in North America, Australia, and other regions, using a flat world map will yield the woring direction because of the curvature of the earth, and the error factor is often considerable. One puts the end of the string on the position of Mecca on the globe, the other end on one's own city, and pulls the string taut, observing the bearing of the string and drawing a line in the same direction on a local map, which can be oriented with a compass and used to indicate the proper direction to pray.)

If one does not know how to use other evidence, (O: and it is a communal obligation (def:c3.2) for someone to know,) or one is blind, then one follows another (O:reliable sighted person acquainted with the evidence)

@F6.7

If, after praying one becomes certain one was mistaken, then the prayer must be repeated. (n:In the Hanafi, Maliki, and Hanbali schools, the criterion for facing the direction of prayer is merely that some portion of the person's face be directed towards the Kaaba (al-Fiqh 'ala al-madhahib al-arba'a (y66), 1.195).  (A: This takes in 180 degrees, from far left to far right, such that when the Kaaba's anywhere between, one is considered to be facing the direction of prayer .)

*2*Chapter F7.0: Placing a Barrier in Front of One's Prayer Place

@F7.1

It is recommended to put a barrier at least 32 cm, high in front of oneself when performing the prayer, or to spread out a mat, or if one cannot, to draw a line (N:on the ground, straight out, perpendicular to one's chest) about a meter and a half (O: or less) in front of one. It is then unlawful for a anyone to pass (O: between the person praying and such a barrier, even when there is no other way to pass (dis:p75.27) ). 

If someone tries to pass between oneself and the barrier, it is recommended to gently him back. If he persists, one may push him back as hard as necessary, as one would an attacker (def: 07.3).  Where he to die as a result, one would not be subject to retaliation (03) or have to pay an indemnity(04) to his kin.

@F7.2

If there is no barrier, or if the person praying is farther than a meter and a half from it, then passing in front of him is merely offensive, and the person praying is not entitled to push him.

@F7.3

(A: Passing in front of a person without a barrier, in a mosque for example, is limited to the length of his prostration, and it is not Unlawful or offensive to pass in front of him when farther than that.)

@F7.4 

When one notices a gap in row of people performing a group prayer, one is entitled to pass in front of others to fill it.

*2*Chapter F8.0: Description of the Prayer

@F8.1

(n: Special vocabulary:

Allahu Akbar: Allah is greatest.

Ameen: a one-word supplication meaning "Answer our   prayer."

as-Salamu 'alaykum: Peace be upon you.

Fatiha: the opening sura of the Koran.

Follower: someone praying in group behind an imam.

Integral(ruku) : one of the legally essential elements   found within an action that compose it.

Imam: someone leading a group prayer.

Rak'a: one complete cycle of the words and actions of the   prayer.

Sura: a chapter of the Koran.

Ta'awwudh : to say in Arabic, "I take refuge in Allah from   the accursed Devil.")

MEASURES RECOMMENDED BEFORE PRAYER

@F8.2

It is recommended:

-1- to stand for the prayer after the end of the call to commence (iqama);

-2- to be in the first row;

-3- to make the rows straight, especially if one is the imam (O: when one should order the group to do so);

-4- and to fill up the first row first, then the second, and so on (O: meaning there should not be a second row when the first one is not full (A: as to pray in such a second row is the same as not praying with a group, and is rewarded as if one had prayed alone), nor gaps within one row, nor a distance in excess of a meter and a half between rows).

It is superior to stand on the imam's right (A: though the sunna is for the imam to be in the middle) (N: and if one arrives at a group prayer in which the row extends to the right, one's rewards is greater for standing on the left, since one is performing the sunna).

THE INTENTION

@F8.3 

Then one makes the intention with one's heart.

If it for an obligatory prayer, one must intend performing the prayer, and that it is obligatory, and know which one it is, such as the noon. midafternoon, or Friday prayer. The intention must coincide with one's first Allahu Akbar, obligatory existing in the mind and recommended to be uttered with the tongue (N: before the first Allahu Akbar) as well. One intends it from the first of the phrase " Allahu akbar" to the last of it. It is not obligatory to specify the number of rak'as or that it is for Allah Most High, or whether it is a current performance or a makeup prayer, though specifying these is recommended.

(A: some scholars hold that the mere determination to perform a particular prayer existing in the mind before hand is sufficient. Such an intention could be expressed, for example, by walking to the mosque after hearing the call to the noon prayer (dis: w25). )

If the intention is for a nonobligatory prayer that has a particular time, one must intend which one it is, such as for 'Eid, the eclipse prayer, assuming the state of pilgrim sanctity (ihram), the sunna prayers before and after the noon prayer, and so forth.

If it is for a nonobligatory prayer that is wholly supererogatory, unconnected with a particular time, one may simply intend to perform prayer.

@F8.5

It immediately invalidates one's prayer:

-1- to cease to intend praying;

-2- to decide that one will cease to;

-3- not to know whether one has ceased to or not (O: meaning one hestiates in one's heart, saying, "Shall I stop intending or continue?" The mere thought of how it would be if one were to hesitate during the prayer is of no consequence, but rather the occurrence of doubt that negates one's resolve and certainty);

-4- to intend during the first rak'a to stop when one reaches the second;

-5- or to decide to interrupt one's prayer if such and such a thing happens, regardless whether the event will definitely occur during the prayer or whether it merely may happen, such as, " I'll stop if Zayd comes in ."

@F8.6

If one knowingly begins the noon prayer (N: for example) before its time has come, one's prayer is not legally considered to have begun. If one does so unknowingly, it is validly begun, but counts as a nonobligatory prayer.

THE OPENING ALLAHU AKBAR

@F8.7

The Allahu Akbar (n: an integral) that begins the prayer can only be in Arabic and must be pronounced "Allah akbar" or "Allahu akbar."

One's prayer is not legally considered to have begun if one omits any of its letters, pauses between the two words, adds the letter waw between them, or says "Allahu akbar" with a long a between the final b and r.

If unable to pronounce it because of being a mute or similar, one must move the tongue and lips according to one's capacity.

@F8.9

The minimal valid auditability for saying "Allah akbar," reciting the Koran, and all invocations (dhikr), is that one can hear them oneself, given normal hearing ands lack of extraneous noise.The imam speaks aloud (def: below) every time he says "Allahu akbar" in the prayer.

@F8.10

(A: Throughout the rulings, aloud (jahran) means that someone beside or behind the speaker could distinguish his words, while to oneself (sirran) means that the speaker can distinguish his own words, but such a person could not.)

@F8.11 

It is obligatory that one be standing when one opens an obligatory prayer with "Allahu akbar." If a single letter of it occurs while not standing, the prayer is not considered to have validly begun as an obligatory prayer, but is considered to have begun as a supererogatory prayer, provided one is ingnorant that it is unlawful, though not if one knows. (N: The latecomer to a group prayer should take careful note of this, and not bow or make other prayer movements until he has completed the opening Allah Akbar while standing.)

@F8.12

It is recommended to lift the hands to shoulder level when one say's Allahu akbar"(O:meaning that one's fingertips are even with the tops of the ears, thumbs with the earrlobes, ands palms with one's shoulders), fingers slightly outspread. If one intentionally or absentmindedly does not lift one intentionally or absentmindedly does not lift the hands at the first of saying " Allahu Akbar," one may do so during it, though not afterwards. The palms face the direction of prayer(qibla) and the hands are uncovered.

After the opening Allahu Akbar, one places the hands between the chest and navel, grasping the left wrist with the right hand, and fixing one's gaze on the place where one's forehead will prostrate. (O: One does this when not reciting the Testification of Faith (Tashahhud, def;f8.45), where one only looks at the place of prostration until one says "except Allah," and then looks at the index finger.) (A: It is offensive to close one's eyes while praying unless it is more conducive to awe and humility towards Allah.)

THE OPENING SUPPLICATION (ISTIFTAH)

@F8.13 

Then one recites (N: to oneself) the Opening Supplication (Istiftah), which means: "I turn may face to Him who created the heavens ands earth, a pure montheist, in submission, and an not of those who associate others with Him. My prayer, worship, life, and death are for Allah, Lord of the Worlds, who has no partner. Thus I have been commanded, and I am of those who submit."

This is recommended for anyone performing an obligatory or supererogatory prayer, even if seated; no matter whether a child, woman, or traveller (O: alone or in a group, imam or follower), though not for a funeral prayer.

@F8.14   If one intentionally or absentmindedly omits the Opening Supplication (Istifath) and begins saying "I take refuge, etc." (Ta'awwudh), one may not return to the Opening Supplication.

@F8.14 

When (N: joining a group that has already begun, and) the imam says "Ameen" just after one's opening Allahu Akbar, one says "Ameen" with him and then recites the Opening Supplication (Istiftah).

If one says the opening Allahu Akbar and the imam finishes the prayer with Salams before one has sat down with the group, then one recites the Opening Supplication (Istiftah).  But if one has already sat down when the imam finishes with Salams and one rises (N: to finish one's prayer), then one does not recite it (O: the Opening Supplication).

If one joins the group while the imam is standing, and one knows it is possible (O: to recite the Opening Supplication) together with saying I take refuge," and so on (Ta'awwudh) and the Fatiha (N: all before the imam will finish his recital and bow), then one may recite the Opening Supplication, though if one has doubts (N: that there is enough time), one omits both the Opening Supplication and Ta'awwudh, and begins reciting the Fatiha. If the imam bows, before one finishes (O: the Fatiha), one bows with him, provided one has omitted the Opening Supplication and Ta'awwudh, though if one did not omit them, then one must recite as much (A: as many letters) of the Fatiha as one recited of them, since if one bows before having recited that much, it invalidates one's prayer.

If one recites what we have just said is enough of the Fatiha to permit one to bow with the imam (n: when one is a latecomer, for otherwise it is obligatory to recite it all, as at f12.17(O:) ), but one holds back from bowing with him without excuse, then if the imam straightens up from bowing before one has oneself bowed, one has missed that rak'as (N: and must rise after the group has finished to perform it).

SAYING "I TAKE REFUGE, ETC. " (TA'AWWUDH)

@F8.16 

After the Opening Supplication, it is recommended to recite the Ta'awwudh, saying, "I take refuge in Allah form the accursed Devil."

It is said in every rak'a and especially recommended in the first, whether one is imam, follower, or praying by oneself, and whether the prayer is obligatory, supererogatory, or even a funeral prayer. It is said to oneself in both the prayers recited to oneself and those recited aloud.

THE FATIHA

@F8.17 

Then one recites the Fatiha (def:w1.16) in every rak'a(n: an integral), whether one is imam, follower, or praying alone.

The Basmala (n: the words "In the name of Allah, Most Merciful and Compassionate") is one of its verses. (n: In the other three schools, it is recited to oneself even when the rest is recited aloud (Sharah al-sunna (y22), 3.54). )

It is obligatory to recite the Fatiha's verses in order and without interruption. It is considered to be interrupted and must be begun again if one deliberately pauses, at length during it, or pauses briefly but thereby intends to cease reciting, or mizes with it some words of invocation (dhikr) or Koran that are not in the interests of the prayer.

One's recital of the Fatiha is not considered to be interrupted if one speaks words during it that are in the interests of the prayer, such as saying "Ameen" in response to the imam's Ameen, or reminding him of the right words when he errors, or prostrating with him as a sunna for his Koran recital (def: F11.14). 

Nor is it interrupted if one forgetfully falls silent during it or absentmindedly adds some words of invocation (dhikr).

@F8.18 

If one omits one of the Fatiha's letters (Ar. harf, a consonant or long vowel (A: mistakes in a short vowel (haraka) do not harm as long as they do not alter the meaning) ), fails to double a letter that should be doubles, or substitutes a wrong letter for the right one, it invalidates (O: one's recital of that particular word, and one must recite the word again (dis: s3.3).  But it does not invalidate one's prayer unless it changes the meaning and was done deliberately).

SAYING "AMEEN"

@F8.19 

After reciting (n: the last words of the Fatiha) " nor of the lost, " one says "Ameen" to oneself in prayers spoken to oneself and aloud in those recited aloud.

When following an imam, one says "Ameen" when he does, and then a second time (N: to oneself) when finished with one's own recital of the Fatiha.

RECITING A SURA

@F8.20

If one is the imam or praying by oneself, it is recommended in the first and second rak'as only to recite one complete sura (O: even if short) the Fatiha.

It is recommended to recite:

-1- the suras from al-Hujurat (Koran 49) to al-Naba'(Koran 78) for the dawn (subh) and noon (zuhr) prayers;

-2- the suras from al-Naba'(Koran 78) to al-Duha (Koran 93) for the midafternoon ('as) and nightfall ('isha) prayers;

(provided that there are a restricted number of followers (O: meaning no others are praying behind the imam) who do not mind the length of these ((1) and (2) above) recitations, though if otherwise, the imam should be brief)

-3- the suras from al-Duha (Koran 93) to the end (Koran 114) for the sunset prayer (maghrib);

-4- al-Sajda (Koran 32) for the dawn prayer on Friday (n: in the first rak'a' when the group may prostrate during the recital, as at f11.14), and al-Insan (Koran 76) (n:in the second rak'a);

-5- and al-Kafirun (Koran 109) (n: in the first rak'a) and al-Ikhlas (Koran 112) (n: in the second) for the sunna prayers that accompany the sunset and dawn prayers (def:f10.2), for the two rak'as after circumambulating the Kaaba (j5), and for the guidance prayer (istikhara, f10.12).

@F8.21

It is recommended to r recite the Koran in a distinct, pleasant way (tartil) (O: i.e. to recite it as revealed by Allah, observing the proper rules of Koranic recitation) and to reflect upon its lessons and meanings (dis:w26).

@F8.22

It is offensive for a follower to recite a sura when praying behind an imam whose recital is audible to him, though it is recommended for the follower to recite the sura during prayers that are not recited aloud, or those recited aloud if he cannot hearing, or can hear it, but uncomprehendingly.

@F8.23 

One recites a longer sura in the first rak'as than in the second.

@F8.24

If a latecomer to a group prayer misses the first two rak'as with the group and then performs them alone after the imam has finished the group prayer with Salams, he is recommended to recite the suras to himself during them.

@F8.25 

The imam (or person praying by himself) recites the Fatiha and suras aloud for the dawn prayer (subh), Friday prayer (jumu'a), prayer on the two 'Eids (def: f19), drought prayer (f21), lunar eclipse prayer (f20), the group prayer that is sunna on the nights of Ramadan (tarawih, f10.5), and for the first two rak'as of the sunset (maghrib) and nightfall ('isha) prayers.

In other prayers, the Fatiha and suras are recited to oneself.

When making up at night (lays, from sunset to true dawn) a prayer that one missed during the day or night, one recites aloud. When making up in the daytime (nahar, from dawn to sunset) a prayer that one missed during the day or night, one recites to oneself. At dawn, however (N: from true dawn to sunrise), all makeup prayers are recited aloud. (N: The upshot is that one recites aloud in all prayers that are made up at times when one normally recites aloud, and recites to oneself at the times one normally recites to oneself.)

STANDING

@F8.27 

Standing is an integral in all obligatory prayers (O: for anyone who can stand, whether by himself or assisted by another, though it is not an integral in nonobligatory prayers).

Standing requires that the spine be upright. One is not standing if one inclines forward so that the backbone is no longer straight, or bends so that one is closer to bowing (def: f8.29) than to standing. If a person's back is bowed with age or the like so that this normal posture resembles someone bowing, then he stands as he is, but must bend a little further for bowing if able to.

It is offensive in prayer to stand on one foot, for both feet to be held together (A: though this is sunna for women), or for one foot to be ahead of the other.

To stand at length (A: reciting the Koran in prayer) is better than to prostrate or bow at length (A: therein).

@F8.28

It is permissible to pray nonobligatory prayer seated (O: any way one wishes, though the iftirash (def: f8.37) style of sitting is best or lying down, even when able to stand (A: but the merit is less than to do so standing).

BOWING

@F8.29  

Then one bows from the waist (n: an integral).

The minimum is to bow as far as an average size person needs to when he wants to put his hands on his knees. It is obligatory that one repose therein, minimally meaning to remain motionless for a moment after having moved. It is also obligatory that one intend nothing by the motion but bowing.

@F8.30  

The optimal way is to raise one's hands and say "Allahu akbar" so that one begins raising the hands as one starts saying it, and when the hands are at shoulder level, one bows.

Whenever one says "Allahu akbar" during a movement from one prayer posture to another, it is recommended to prolong the words until one reaches the next posture (A: so that one's prayer is not devoid of invocation (dhikr) at any point).

Then one puts the hands on the knees, fingers apart, with back and neck extended, legs straight, and elbows out, though women keep them close.

One then says, "My Lord Most Great is exalted above all limitation," three times, the least that is optimal. If praying alone, or the imam of a limited number of followers who do not mind the extra length, one may increase the number of times one says this to five, seven, nine, or eleven.

When finished, (O:however many times one has said it,) it is recommended to say, "O Allah, to You I bow, in You I believe, to You I submit. My hearing, sight, mind, bones nerves, and all that my feet bear up are humbled before You."

STRAIGHTENING UP

@F8.31

Then one lifts one's head, the minimum of which is to return to standing as one was before bowing, and, then remain motionless for a moment. (n: Each is an integral.) It is obligatory to intend nothing by one's movement except straightening up.

@F8.32

The optimal way is to raise the hands (A: lifting them from the knees as one starts straightening up, raising them to shoulder level) and the head together, saying,"Allah hears whoever praises Him,"

This is said whether one is imam, follower, or praying alone. When one is standing upright, one says.

"Our Lord, all praise is Yours, heavenful, earthful, and whatever-else-You-will-full."

(O: If following an imam or praying alone, one says this to oneself. If imam, one says"Allah hears whoever praises Him" aloud, but the rest to oneself.)

Those we have previously mentioned who wish to add to the words of bowing may add here "O You who deserve praise and glory, the truest thing a slave can say (and all of us are Your slaves) is, 'None can withhold what You bestow, non can bestow what You withhold, and the fortune of the fortunate avails nothing against You."

PROSTRATION

@F8.33

Then one prostrates (n: an integral).  The conditions for its validity are:

(a) that an uncovered portion of the forehead touch a part of the place prayer (N: it is not obligatory that any of the other limbs of prostration be uncovered);

(b) that one remain motionless for a moment while prostating

(c) that the place of prostration bear the weight of the head;

(d) the one's higher than one's head;

(e) that one not prostrate on something joined to one's person that moves with one's motions, such as a sleeve or turban;

(f) that nothing but prostration be intended by one's motion;

(g) and that part of each knee, the bottom of the toes of each foot, and the fingers of each hand be placed on the ground.

(O: In our school, it is not Obligatory that the nose touch the ground in prostration, though it is desirable)

@F8.34

If one cannot fully prostrate so that one's forehead touches the ground (N: a pregnant woman, for example), then it is not necessary to stack up pillows on the place of prostration to touch the forehead on them. One merely bows as low as one can.

If one has put a bandage on the foreheads because of an injury that affects all of it, and there is hardship in removing it (O: severe enough to permit dry ablution (tayammum) (def: e12.9) ), then one may prostrate upon it and need not make up the prayer.

@F8.35

The optimal way to prostrate is to say "Allahu akbar" and:

-1- to put the knees down first, then the hands, and then the forehead andnose (O: the order is called for, and any other order is offensive);

-2- to prostrate with the hands directly under one's shoulders, fingers together, extended towards the direction of prayer (qibla), hands uncovered;

-3- for men to keep 1 span (n: about 23 cm) between the two knees and two feet (O: though a woman's are kept together);

-4- for men to keep the stomach apart from the thighs, though women keep them together;

-5- and to say three times, " My Lord Most High is exalted above all limitation."

Those we have previously mentioned who wish to add to the words of bowing may increase the number of times this is said as previously described (O: namely, in odd numbers up to eleven) and add:

"O Allah, I prostrate myself to You, believe in You, and surrender to You. My face prostrates to Him, and surrender to you. My face prostrates to Him who created it and gave it form, who opened its hearing and vision by His Power and strength. Allah is exalted in perfection, the Best of Creators."

It is commendable to supplicate Allah while prostrating.

SITTING BETWEEN PROSTRATIONS

@F8.36 

Then one raises the head (N: and sits back before prostrating a second time. Sitting at this point is an integral).  It is obligatory to sit motionlessly for at least a moment and to intend nothing but sitting by one's movement.

@F8.37 

The optimal way is:

-1- to say "Allahu akbar" (N:as one raises the head);

-2- to sit in ifirash, which is to place the left foot on its side and sit upon it while keeping the right foot resting on the bottom of its toes, heel up;

-3- to place one's two hands on the thighs near the knees, fingers extended and held together;

-4- and to say, "O Allah forgive me, have mercy on me, pardon me, set me right, guide me, and sustain me."

@F8.38

There are two other ways of sitting back (iq'a') (O: between the two prostrations, or at the first and second Testifications of Faith (Tashahhud, def:f8:45) ).

One way is to sit back on the heels with the bottom of the toes and knees upon the ground. This is recommended between the two prostrations, though iftirash (def: f8.37) is better.

The other way is to simply sit on the ground, palms down, and knees, drawn up. This is offensive in any prayer.'

@F8.39 

Then one prostrates again just as before. (O: The first rak'a is only completed when one has performed the second prostration,because each prostration is a separate integral, as is the moment of motionlessness in each.)

@F8.40  

After this one raises the head, saying "Allah akbar" (O: as one first raises it, drawing out the words until one is standing upright).

It is sunna, here land in each rak'a that is not followed by the Testification of Faith (Tashahhud), to briefly rest in the iftirash style of sitting (f8.37) before rising. Then one (O: quickly) raises, helping oneself up with both hands (O: palms down), and prolonging the Allah Akbar until standing. If the imam omits this brief sitting, the follower performs it anyway. It is not done after a Koran recital prostration (def: f11.13).

@F8.41

Then one performs the second rak'a of the prayer just like the first, except for the initial intention, the opening Allah Akbar, and Opening Supplication (Istiftah).

@F8.42

If one's prayer exceeds two rak'as one sits in iftirash (def:f8.37) after the first two rak'as and recites the Testification of Faith (Tashahhud, f8.45) and the Blessings on the Prophet (Allah bless him and give him peace), though not upon him family (N: which is done only in the final Testification of Faith at the end of the prayer).

Then one rises, saying "Allah akbar" and leaning on one's hands (n: as before).  When standing, one lifts the hands to shoulder level (A: which one does here, but not after rising from the first or third rak'a) and then goes on to perform the remainder of the prayer as one did the second rak'a, except that one recites the Fatiha to oneself and does not recite a sura after it.

TESTIFICATION OF FAITH (TASHAHHUD)

@F8.43

One sits back (n: an integral) at a the last of one's prayer for the Testification of Faith in the tawarruk style of sitting, with one's (O: left) posterior on the ground and left foot on its side, emerging from under right, which is vertical.

(O: The wisdom in the difference between the ways of sitting during the two Testifications of Faith, namely, iftirash (f8.37) in the first and tawarruk in the second, is that a latecomer to group prayer may know by observing the former that the prayer has not finished and by the latter that it nearly has. Imam Malik holds the sunna in both testifications to be the tawarruk style of sitting; while Abu Hanifa holds that the iftirash style is sunna for both. May Allah have mercy on them all for explaining the Deity's command without the slightest loss.)

However one sits here (O: in the final Testification of Faith (Tashhud) ) and in the foregoing (O: Testification of Faith, as well as between the two prostration) is permissible, though iftirash and tawarruk are sunna.

A late comer to a group prayer sits in iftirash at the end of his imam's prayer and sits in tawarruk at the end of his own.

Similarly, the person who must perform a forgetfulness prostration (def: f11) sits in iftirash for his last Testification of Faith, prostrates for forgetfulness, and then sits in tawarruk for his Salams.

@F8.44 

In the two Testifications of Faith, one's left hand rests on the left thigh near the knee, its fingers extended and held together. The right hand is similarly placed, but is held closed with its thumb touching the side of the index finger, which alone is left extended. One lifts the index finger and points with it when one says the words "except Allah" One does not move it while it is thus raised (O: following the sunna from a hadith related by Abu Dawud. It is offensive to move it here, though some hold that it is recommended, the evidence for which is also from the sunna, in a hadith related by Bayhaqi, who states that both hadiths are rigorously authenticated (sahih).  Precedence is given to the former hadith, which negates moving the finger, over the latter hadith, which affirms it, because scholars hold that what is sought in prayer is lack of motion, and moving it diminishes one's humility. The Prophet's moving it (Allah bless him and give him peace) was merely to teach people that it was permissible (A: as it was the Prophet's duty (Allah bless him a nd give him peace) to distinguish for his Community the acts that were offensive from those that were unlawful, and he was given the reward of the obligatory for doing such offensive acts.) Moreover, Bayhaqi says that the meaning of moving it in the latter hadith is simply raising it. So there is no actual contradiction).

@F8.45 

The minimal Testification of Faith (Tashahhud) is to say: "Greetings to Allah. Peace be upon you, O Prophet, and the mercy of Allah and His blessings. Peace be upon us and upon Allah"s righteous slaves. I testify there is no god except Allah, and that Muhammad is the Messenger of Allah."

The optimal way is to say: "Greetings, blessings, and the best of prayers to Allah. Peace be upon you O Prophet, and the mercy of Allah and His blessings. Peace be upon us and upon Allah's righteous slaves. I testify that there is no god except Allah, and that Muhammad is the Messenger of Allah."

Its words (N:minimal or optimal) are obligatory (O: i.e when one can recite the Arabic, one may not use other words) and their order is a condition. If one cannot say it, one must learn. If one cannot learn (O: because there is no teacher, or there is, no teacher, or there is, but one is unable), then one may translate it (O: to any language one wishes)

One then says the Blessings on the Prophet (Allah bless him and give him peace) (n: an integral after the final Testification of Faith, but merely sunna after the first one, as at f9.15 below).

The minimum is to say, "O Allah, bless Muhammad." (n: One confines oneself to this minimum at the first Testification of Faith, as mentioned above at f8.42.)

The optimal way is to say: "O: Allah, bless Muhammad and the folk of Muhammad as You blessed Ibrahim and the folk of Ibrahim. O Allah, show grace to Muhammad and the folk of Muhammad as You did to Ibrahim and the folk of Ibrahim in the worlds, for You are truly the Most Praiseworthy and Noble."

(A: It is desirable to add before each mention of the names Muhammad and Ibrahim the word sayyidina ("our liegelord").  The hadith " Do not liegelord me in the prayer" is a forgery containing corrupt Arabic)

@F8.46

It is recommended afterwards (O: after the second Testification of Faith (Tashahhud) of the prayer, though not after the first) to supplicatae Allah for any permissible thing one wishes concerning one's religion or this world. One of the best supplications is: "O Allah, forgive me what I have done and what I may do, what I have hidden and what I have made known, my excesses and what You know better than I. Only You put one ahead or behind. There is no god but You."

It is recommended (O: if one is imam) that such supplications be briefer than the Testification of Faith with its Blessings on the Prophet (Allah bless him and give him peace) (O: though if one is alone, one may supplicate as long as one wishes, if not afraid of forgetting (N: that one is still in the prayer) ).

CLOSING THE PRAYER WITH SALAMS

@F8.47

Then one says the final Salams (n: an integral).  The minimum is to say "as-Salamu `alaykum" (peace be upon you), and it must occur while one is sitting. (O: It is inadequate to say "Salam `alaykum" without the first word being definite (n: i.e. as-Salamu), since this has not reached us through any hadith texts, and invalidates the prayer if done intentionally.)

The optimal way is to say, "Peace be upon you, and the mercy of Allah" (O: though to add the words "and His grace" (was barakatuhu) is not sunna) and to turn the head to the right enough to show the right cheek. (N: to those behind).  One thereby intends to finish the prayer and intends greetings of peace to the angels and Muslims (whether human or jinn (deff:w22) ) on the right. One then turns one's head to the left and repeats the Salam, intending to greet to those on the left. A follower intends one of the two Salams as a response to the imam's, depending on which side the imam is on, or if the follower is directly behind him, he may intend either Salam as a response to him.

@F8.48

When one is a latecomer to a group prayer, it is recommended not to stand up to finish one's missed rak`as until the imam has said both Salams. It is permissible to stand after he has said just one, but if one stands before he has said the first Salam it invalidates one's prayer, unless one purposely intended to cease participation in the group prayer before doing so.

A latecomer, if making his first Testification of Faith while the group is making their last one, may sit at length (O: for dhikr or supplications) after the imam's Salams before he stands up to finish his own rak`as, though it is offensive. If he does this when not at the point of his first Testification of Faith, it invalidates his prayer if intentional.

@F8.49

Someone who is not a latecomer to a group prayer may sit as long as he wishes after the imam's Salams to supplicate, finishing with his own Salams whenever he wants (O:because the imam's leadership ends with the imam's first Salam, so there is no harm in the follower taking his time, as he is now praying alone, and someone praying alone may do so as long as he likes.

@F8.50

It is recommended to invoke Allah Most High (dhikr) to oneself and to supplicate after the prayer. (O: Shafi'i says in al-Umm, "I prefer that the imam and follower invoke Allah (dhikr) after the Salams, and do so silently, unless the imam wants to be learned from, in which case he says the invocations aloud until he believes that he has been learned from, after which he says them to himself.") (n: The following invocations are listed in the commentary and have been written in full and vowelled by the translator in the facing column of Arabic. Their order is sunna, as the commentator notes below.

-1- Ayat al-Kursi (Koran 2:255) (said once);

-2- al-Ikhlas (Koran 112) (once);

-3- al-Falaq (Koran 113) (once);

-4- al-Nas (Koran 114) (once);

-5- "I ask Allah's forgiveness"(three times) :

-6- "O Allah, You ar peace, from You is peace, You are exalted through Yourself above all else, O You of Majesty and Beneficence";

-7- "O Allah, none can withhold what You bestow, none can bestow what You withhold, and the fortune of the fortunate avails nothing against You";

-8- "Allah is exalted above any limitation or imperfection"(thirty-three times);

-9- "Praise be to Allah" (thirty-three times);

-10- "Allah is greatest" (thirty-three times (A: or thirty-four) times);

(N: (8), (9), and (10) above are also recommended before going to sleep at night, in which case "Allah is greatest" is said thirty-four times)

-11- and "There is no god but Allah, alone, without partner. His is the dominion, His the praise, and He has power over all things."

(O: It is recommended to begin the supplication with the Koran when called for, like Ayat al-Kursi and so forth, then, (5) through (10) above.) One should invoke the Blessings on the Prophet (Allah bless him and give him peace) at the beginning (O: and middle) and end of one's supplications

@F8.51 

The imam turns for (N: postprayer) invocation and supplications so that his right side is towards the group and his left side towards the direction of prayer (qibla).  He leaves his place as soon as he finishes, if there are no women (N: in which case he waits for them to leave first).  It is recommended that the followers remain seated until the imam stands. (A: In the Shafi'i school, the invocations are recommended to precede the postprayer sunna rak'as)

@F8.52 

It is recommended for those who perform nonobligatory prayers after the prescribed prayer to first wait till after some conversation: it being better to pray them elsewere, and best to perform them in one's home. (O: However, it is better to perform certain nonobligatory prayers in the mosque, such as those before the Friday prayer, those after circumambulating the Kaaba, and those before entering the state of pilgrim sanctity (ihram) if there is a mosque at the site. (A: Others that are better in the mosque include.)

-1- the midmorning nonobligatory prayer (duha, def:f10.6);

-2- the guidance prayer (istikhara, f10.12);

-3- the two rak'as that are sunna before departing on a journey and when arriving from one;

-4- prayers performed during a period of spiritual retreat in a mosque (i'tikaf,i3);

-5- confirmed sunna prayers (sunna mu'akkada, f10.2) that one is afraid of missing if one does not pray them in the mosque;

-6- and the sunna rak'as before the sunset prayer.) )

@F8.33 

While performing the dawn prayer (subh) it is sunna to lift one's hands supplicate after straightening up from bowing in the second rak'a.

One says: " O Allah, guide me among those You guide, grant me health and pardon among those You grant health and pardon, look after me among those You lookafter, grant me grace in what You have given me, and protect me from the evil [A: here, one turns the palms down for a moment ] of what You have ordained; for You decree and non decrees against You, and non is based whom You befriend. O our Lord, who are above all things sacred and exalted, all praise is Yours for what You decree. I ask Your forgiveness and turn to You in repentance."

It is commendable to add "and none is exalted whom You are at enmity with" (A: after the above words "and non is based whom You befriend").  If one is imam, one pluralizes the singular pronominal suffix so that, for example, ihadina ("guide us") and so forth (dis:w1.27). 

The words of this supplication are not set and may be accomplished by pronoucing any supplication (O: and praise) or Koranic verse containing a supplication, such as the last verses of al-Baqara (Koran 2:285-86), though the above words are better. After this, one invokes the Blessings on the Prophet (Allah bless him and give him peace).  It is recommended to raise one's hands throughout the supplication (O: palms up when asking the good, palms down when asking Allah to avert affliction).  One does not stroke the face or chest with one's hands after the supplication (O: as opposed to other supplications, for which it is recommended to wipe the face with the hands, as is mentioned in hadith).

The imam says the supplications aloud. The follower says "Ameen" after each supplication that is audible to him and participates in the praises and so forth by responding with similar expressions. If the imam is inaudible, the follower himself the supplication. When praying alone one says it to oneself. When disasters (O: such as drought or an epidemic) befall the Muslims, they similarly supplicate in every prescribed prayer (O: after straightening up from bowing in the last rak'a).

*2*Chapter F9.0: What Invalidates, Is Offensive, or Obligatory in Prayer

@F9.1: Extraneous Speech

The prayer is invalidated (if one has no excuse (def:below) ) by uttering two or more letters or when two or more letters worth of sounds such as laughter, crying, groaning, clearing the throat, blowing, sighing, or similar are audible.

It is also invalidated by much (O: i.e. more than six words worth of) sound, even when there is a valid excuse such as blurting out words unthingly, laughter or coughing overcoming one, absentmindedly speaking, or when one speaks because as a new Muslim one does not know it is unlawful during the prayer; though with such an excuse a slight amount of speech does not invalidate the prayer.

One's prayer is invalid if one speaks knowing that it is unlawful but ignorant of the fact that it invalidates the prayer, and is also invalid if one says "Aah" during it out of fear of hell.

When it is impossible to recite the Fatiha(N: to oneself) (A: or the final Testification of Faith (Tashahhud) or Salams) except by clearing one's throat, one may do so even when it approximates two letters, though if it is merely impossible to recite aloud, then one may not clear one's throat, but must instead recite to oneself.

(A: Some things which are not commonly known to invalidate the prayer, such as clearing the throat, do not invalidate the prayer of ordinary people, whose ignorance of them is excusable, though a scholar has no such excuse.)

@F9.2

If one notices (N: during the prayer) a blind person about to fall into a well, or the like, then one must speak up to alert him if there is not a nonverbal means of warning him of it.

@F9.3 

No form of invocation of Allah (dhikr) invalidates the prayer unless it is a direct address such as "Allah have mercy on you" or "And upon you be peace", though it does not invalidate the prayer if it refers to someone not present, such as "Allah have mercy on Zayd" (O: nor is it invalidated by addressing Allah or the Prophet (Allah bless him and give him peace) ).

@F9.4 

When something happens to one during the prayer. (O: such as someone asking permission to enter, or having to remind the imam that he has forgotten something), then if one is male, one says "Subhan Allah" (O: intending only invocation (dhikr) thereby, as one may not merely intend to inform, nor lack any particular intention thereby,for these invalidate the prayer), or if female, one claps the right palm on the back of the left hand, not palm to palm.

If one recites a Koranic expression such as "O Yahya, take the book" (Koran 19:12), intending only to inform (O: without intending invocation) or not intending anything in particular, this invalidates the prayer, though not if the intention is Koran recital or recital and informing together.

A SUBSTANCE REACHING THE BODY CAVITY

@F9.5 

The prayer is invalidated when any (even if a little) substance (A: other than saliva) reaches the body cavity intentionally. It also invalidates the prayer if it occurs absentmindedly or in ignorance of its prohibition, provided the amount of the substance is commonly acknowledge to be much (def:f4.5), though not if it is little.

EXTRANEOUS MOTION

@F9.6 

Adding surplus action that is an Integral, such as bowing, invalidates the prayer if done intentionally, but does not invalidate it if done because one has forgotten (O: that one has already performed it).

The prayer is not invalidated by intentionally or absentmindedly adding a surplus spoken Integral such as repeating one's recital of the Fatiha or the Testification of Faith (Tashahhud) or reciting them in the wrong place.

@F9.7

The prayer is invalidated by adding, even if absentmindedly, a motion that is not one of the actions of prayer, provided it is both (O: considered by common acknowledgement (def:f4.5) to be) much and uninterruptedly consecutive, such as three steps (O: or successively moving three separate body parts like the head and two hands, though an up-and-down motion is considered just one) or three or more consecutive motions.

The prayer is not invalidated by action that is not much, such as two steps, or is much but is separated so that the subsequent motion is considered to be unconnected with the preceding one. But if a (O: slight) action is grossly improper, such as jumping, it invalidates the prayer.

@F9.8 

Slight actions such as scratching oneself, or turning a rosary (subha, dis: w27) do not affect the validity of the prayer, nor does remaining silent at length.

THINGS OFFENSIVE IN PRAYER

@F9.9

It is offensive to perform the prayer while one is holding back from urinating or defecating, (O: If enough time remains to perform the prayer, the sunna is to relieve oneself first, even when one fears missing praying with a group, since it diminishes one's awe and humility in prayer.)

@F9.10

It is offensive to pray in the presence of food or drink one would like to have, unless one fears that prayer's time will end.

It is offensive during the prayer:

-1- to interlace the fingers;

-2- to turn (N: the head when there is no need. As for turning the chest from the directions of prayer (qibla), it invalidates the prayer except when there is an excuse such as in extreme peril, or when performing a nonobligatory prayer during a journey);

-3- to look to the sky;

-4- to look at something distracting;

-5- to gather one's clothes or hair with the hand, tuck one's haira under a turban, or wipe the dust from one's forehead;

-6- to yawn, though if it overcome one, one should cover mouth with the hand;

-7- to exaggerate in lowering one's head while bowing;

-8- or to put one's hands on the hips.

@F9.11 

It is offensive during the prayer to spit to the front of one or to the right. Rather, one should expectorate to the left, in the left, in the hem of one's garment, or under the foot (N: when one is praying in a desert or similar).  (O: It is unlawful to spit in a mosque except into the left hem of one's garment (N: or a handkerchief. The slight motions necessary to take out one's handkerchief and return it do not harm, as they are inconsiderable). )

THINGS OBLIGATORY IN PRAYER

@F9.12 

The prayer has conditions (def: f9.13), integrals (f9.14), main sunnas (f9.15), and ordinary sunnas.

THE CONDITIONS OF PRAYER

@F9.13 

The prayer's conditions are eight:

(a) purification from minor and major ritual impurity (hadath ands janaba) (A: through ablution (wudu, def: e5) and the purificatory bath (ghusl, e11) respectively, as well as from menstruation and postnatal bleeding by bathing after them);

(b) that one be free of filth (najasa, e14) (A: in body, clothes, and place of prayer (f4) );

(c) that one's nakedness be clothed(f5);

(d) the one be facing the direction of prayer (qibla,f6);

(e) that one avoid the actions prohibited in prayer, i.e. extraneous speech, eating, and excessive motion (f9.1-7);

(f) knowing or believing that the prayer's time has come (f2);

(g) knowing that the prayer is obligatory;

(h) and knowing how it is performed.

Whenever one violates any of these conditions, one's prayer is invalidated, such as:

-1- (non-(a) above) ) when a state of ritual impurity occurs during the prayer, even if absentmindedly;

-2- (non-(b) ) when some filth containing moisture affects a garment during the prayer, but one does not immediately shed the garment; or when some dry filth affects it, but one throws it off with the hand or sleeve (O: since in that case one is supporting it and in contact with it (dis: f4.2 (N:) ) );

-3- (non-(c) ) when the wind discloses a art of one nakedness and its cover gets beyond reach;

-4- or (non-(g) ) when one believes that some elements of the prayer are obligatory and some are merely recommended, but does not know which are obligatory.

One's prayer is not invalidated if one thinks that all the prayer's parts are obligatory, or (2) above) if one immediately sheds the garment affected by moist filth, brushes off dry filth, or((3) above) immediately re-coveres one's nakedness.

THE INTEGRALS OF PRAYER

@F9.14 

The prayer's integrals (ruku, pl, arkan) are seventeen:

(a) the intention (def: f8.3);

(b) the opening Allahu Akbar (f8.7);

(c) standing (f8.27);

(d) the Fatiha (f8.17);

(e) bowing (f8.29);

(f) remaining motionless a moment therein;

(g) straightening back up after bowing (f8.31);

(h) remaining motionless a moment therein;

(i) prostration (f8.33);

(j) remaining motionless a moment therein;

(k) sitting back (f8.36) between the two prostrations;

(l) remaining motionless a moment therein;

(m) the prayer's final Testification of Faith (Tashahhud) (f8.45);

(n) sitting therein (f8.43);

(o) the Blessings on the Prophet (Allah bless him and give him peace) after the prayer's final Testification of Faith (f8.45);

(p) saying "as-Salamu 'alaykum" the first of the two times it is said at the end of the prayer (f8.47);

(q) and the proper sequence of the above integrals.

THE MAIN SUNNAS OF PRAYER

@F9.15 

The prayer's main sunnas (A: meaning those which if omitted call for a forgetfulness prostration (def:f11) ) are six:

(a) the prayer's first Testification of Faith (Tashahhud) (N: in prayers that have two);

(b) sitting during it;

(c) the Blessings on the Prophet (Allah bless him and give him peace) after it (f8,45);

(d) the blessings on his family in the prayer's final Testification of Faith (Tashahhud);

(e) the supplication (f8.53) after bowing in the final rak'a of the dawn prayer (subh);

(f) and standing therein.

OTHER SUNNAS

@F9.16 

All other parts of the prayer are ordinary sunnas (O: and missing one is not compensated by a forgetfulness prostration).

*2*Chapter F10.0: Super-rogitory Prayer

@F10.1  The prayer is the best of the body's spiritual works (O: prayer referring to the prescribed prayer, and body excluding worship connected with the heart, such as faith in Allah, which is better than the works of the body), and supererogatory prayers are the best of voluntary spiritual works (O: though scholarly work in Islamic religious knowledge, meaning beyond what is obligatory to ensure the validity of one's worship, is superior to nonobligatory prayer because it fulfills a communal obligation (fard alkifaya, def:c3.2) ).

Supererogatory prayers that the Sacred Law stiplulates be prayed in groups, such as the prayer on the two 'Eids (f19), the prayer at solar and lunar eclipses, and the drought prayer, are better than those it does not stipulate be prayed in groups,namely, all others besides these. But the sunna rak'as before and after the prescribed prayers (O: whether confirmed sunna (sunna mu'akkada, def: below) or otherwise) are superior to the group prayer that is sunna on the nights of Ramadan (tarawih).

THE SUNNA PRAYERS BEFORE AND AFTER THE PRESCRIBED PRAYERS

@F10.2 

It is sunna to diligently perform the nonobligatory prayers that are offered before and after the prescribed ones.

The optimal number of these is two rak'as before the dawn prayer (subh), four before and after the noon prayer (zuhr), four before the midafternoon prayer ('asr), two after the sunset prayer (maghrib), and two after the nightfall prayer ('isha).

The confirmed sunnas (dis:c4.1) of these (O: confirmed (mu'akkada) meaning those which the Prophet (Allah bless him and give him peace)  did not omit whether travelling or at home) consist of ten rak'as:

-1- two before the dawn prayer (subh);

-2- two before and after the noon prayer (zuhr);

-3- two after the sunset prayer (maghrib);

-4- and two after the nightfall prayer('isha).

It is recommended to pray two rak'as before the sunset prayer.

The sunnas of the Friday prayer (jumu'a) are the same as those of the noon prayer (zuhr) (dis:w28.1).

The time for the nonobligatory rak'as that come before prescribed prayers is that of the prescribed prayers. It is proper (adab) to pray such a sunna before the prescribed prayer, though if prayed after it,it is still a current performance (A: not a makeup, and one must intend it, for example, as the sunna before noon prayer(zuhr) ).  The time for nonobligatory rak'as that come after the prescribed prayer begins when one has performed the prescribed prayer and ends with the end of the prayer's time.

WITR (THE FINAL PRAYER AT NIGHT)

@F10.3 

The minimal performance for witr (lit, "odd number") is one rak'a (O: even if one omit the sunnas after the nightfall prayer( 'isha) ), (A: A witr of at least three rak'as is obligatory (wajib) in the Hanafi school, and one should never omit it.)

The optimal way is to perform eleven rak'as and (O: if one perform more than three) one should finish with Salams (def: f8.47) after every pair. The least considered optimal is three rak'as (O: and one separates them by) finishing two times with Salams (N: i.e. by finishing two rak'as with Salams and then performing the final rak'as).  One recites al-A'la (Koran 87) in the first rak'a al-Kafirun (Koran 109) in the second, and al-Ikhlas, al-Falaq, and al-Nas (Koran 112,113, and 114) in the third.

It is permissible to (n: serially) join all the rak'as of any witr prayer that has from three to eleven rak'as by finishing them once with Salams (O: in the final rak'a, In that case and also when one's witr is only a single rak'a onw merely intends whereas in other witrs prayer in pairs (n: until one reaches the last one), one intends each pari as two rak'as of witr).

When joining the rak'as of witr one may limit oneself to a single Testification of Faith (Tashahud) (A: in the final rak'a), or may recite two Testifications, one in the last rak'a and one in the next to last, and to thus recite two Testifications is superior (A: if one separates the final two rak'as from one another by finishing the next to the last rak'a with Salams (N: before praying the final rak'a by itself), for otherwise it is better to recite a single Testification, as making witr resemble the sunset prayer (maghrib) is offensive).  More than two Testifications (A: in a joined witr) invalidates the whole prayer.

@F10.4 

The best time for witr is just after the sunna rak'as that follow the nightfall prayer ('isha), unless one intends to offer the night vigil prayer (tahajjud; to rise at night after having slept, to pray some nonobligatory rak'as), in which case it is best to pray witr after the night vigil prayer (A: provided that one usually manages to get up when one has made such an intention. If not, then it is better to perform witr after the sunnas of the nightfall prayer ('isha) ).

When one has already performed witr, but decides to pray the night vigil prayer (tahajjud), one performs the latter's rak'as two by two, and there is no need to repeat the witr, or " make it an even number" by performing one rak'as before the night vigil prayer. However, it is recommended not to intend performing prayer between witr and dawn.

TARAWIH

@F10.

It is recommended to perform tarawih, which is twenty rak'as of group prayer on each night of Ramadan. (O: As well as being sunna to pray tarawih alone, it is also sunna to pray it in a group.) One finishes each pair of rak'as with Salams.

It is recommended to pray witr in a group after tarawih, unless one intends the night vigil prayer (tahajjud), in which case one should postpone witr until after it. During the second half or Ramadan, in the last rak'a (N: of witr), it is recommended to supplicate as one does in the dawn prayer (def: f8.53), and then one adds: "O Allah, we ask Your help, Your forgiveness, and Your guidance. In You we believe, on You we rely, You we praise with every good, we are grateful to You and not ungrateful, and disown and abandon him who commits outrages against You. O Allah, You alone do we worship, to You we pray and prostrate, You we strive for and hasten to obey, hoping for Your mercy and fearing Your punishment. Truly, Your earnest punishment shall overtake the unbelievers."

The time for witr and tarawih is between the nightfall prayer ('isha) and dawn.

THE MIDMORNING PRAYER (DUHA)

@F10.6 

It is recommended to pray the midmorning prayer (duha), which minimally consists of two rak'as, is optimally eight rak'as, and maximally twelve. One finishes each pair of rak'as with Salams. Its time is after the sun is well up until hust before the noon prayer (zuhr).  (O: The preferable time for its performance is after a quarter of the day has passed.)

@F10.7 

When one misses (O: even intentionally) any supererogatory prayer that has a specified time, such as the two 'Eids, duha, witr, or the Sunnas before and after the prescribed prayers, it is recommended to make it up at any time afterwards.

If one misses a supererogatory prayer that is contingent upon some passing event, such as the eclipse prayer, drought prayer, greeting the mosque, or the prayer for guidance (istikhara. def: 10.12), one does not make it up.

THE NIGHT VIGIL PRAYER (TAHAJJUD)

@F10.8 

Supereogatory prayer at night is a confirmed sunna (def: f10.2 (O:) ), even if one can only do a little. Wholly supererogatory prayers (O: meaning those unconnected with a particular time or reason) at night are better than during the day. If one divides the night into six parts, the fourth and fifth part are the best for prayer. If divided in half, the second half is best. If divided into thirds, the middle part is best. Praying the entire night, every night, is offensive.

It is recommended to begin one's night vigil prayers (tahajjud) with two brief rak'as to have intended the night vigil prayer before going to sleep, and not to make a practice of more prayer than one can regularly perform without harm to oneself.

(A: It is a sunna to recite the suras of the night vigil prayer sometimes aloud, sometimes to oneself.)

@F10.9

One (O: who is performing wholly supererogatory prayers, whether in the night or day) finishes every two rak'as with Salams, though one may also:

-1- join three or more rak'as by finishing but once with Salams;

-2- pray a single supererogatory rak'a by itself;

-3- recite the Testification of Faith (Tashahhud) every two rak'as (O: without finishing them with Salams), or every three, or every four, even if the Testifications of Faith grow very numerous (A: before finishing the series of rak'as with Salams).  (N: This is if not praying witr (dis: f10.3, end) );

-4- or confine oneself to just one Testification of Faith (Tashahhud) in the final rak'a (O: in which case one recites a sura in each of the rak'as and finishes with Salams after the above mentioned final Testification of Faith), though it is not permissible to recite the Testification of Faith in every rak'a (O: without finishing with Salams).

When one's intention (N: in a wholly supererogatory prayer) is to perform a specific number of rak'as (O: four or more), then one may change one's mind as to the number and pray fewer rak'as, or more, provided one changes the intention before (O: having added or substracted any).  Thus it is permissible to intend four but finish after two, if one intends to subtract two, though it invalidates the prayer to purposely finish it after two without having made the intention to curtail the planned four rak'as. If one absentmindedly finishes with Salams, one goes on to complete the four and performs the forgetfulness prostration (def:f11) at the end.

GREETING THE MOSQUE

@F10.10

It is recommended for whoever enters a mosque to greet the mosque by praying two rak'as each time he enters, even if many times within an hour. One is no longer entitled to pray if after sitting. It is accomplished anytime one enters a mosque and prays two rak'as, whether one intends merely performing two supererogatory rak'as fulfilling a vow, the sunna rak'as before or after a prescribed prayer, the prescribed prayer alone, or the prescribed prayerr together with the intention of greeting the mosque. (O: If one enters the mosque when one does not have ablution (wudu), it is sunna to say four times, "Allah is far exalted above any limitation, praise be to Allah, there is no god but Allah, Allah is greatest.")

@F10.11

It is offensive to begin any nonobligatory prayer, whether greeting the mosque, the sunna rak'as before a prescribed prayer, or other, when the imam has begun the prescribed prayer or the muezzin has begun the call to commence (iqama).

THE GUIDANCE PRAYER (ISTIKHARA)

@F10.12

(n: the translator has added the following text from Imam Nawawi's Riyad al-salihin:) Jabir (Allah be well pleased with him) relates that "the Prophet (Allah bless him and give him peace) used to teach us the guidance prayer (istikhara) for all matters, as he would a sura of the Koran, saying :

" 'When a matter concerns one of you, pray two nonobligatory rak'as [dis: f8.20(5) ] and say; "O Allah, I ask You to show me what is best through Your knowledge, and bring it to pass through Your power, and I ask You of Your immense favor; for You are all-powerful and I am not, You know and I do not, and You are the Knower of the Unseen. O Allah, if You know this matter to be better for me in my religion, livelihood, and final outcome [or perhaps he said, " the short t and long term of my case"], then bring it about and facilitate it for me, and bless me with abundance therein. And if You know this matter to be worse for me in my religion, livelihood, and final outcome [or perhaps he said, "the short and long term of may case"], then keep it from me, and keep me from it, and bring about the good for me whatever it may be, and make me pleased with it," and then one should mention the matter at hand.'" (Riyad al-salihin (y107), 325-26)

@F10.13

A nonobligatory prayer at home is superior to one performed at the mosque (dis: f8.52).

@F10.14

It is offensive for one to single out the night before Friday (lit, "night of Friday," i.e Thursday night, since in Arabic the night of a given date comes before its day) as a special night for prayer.

@F10.15

It is an offensive, blameworthy innovation (bid'a def:w29) to perform any of the following spurious prayers:

-1- twelve rak'as between the sunset prayer (maghrib) and nightfall prayer ('isha) on the first Thursday night of the month of Rajab;

-2- one hundred rak'as in the middle of the month of Sha'ban;

-3- (O: two rak'as after each of three times of reciting Ya Sin (Koran 36) on the night of mid-Sha'ban;

-4- or the so-called prayer of 'Ashura' on 10 Muharram.)

*2*Chapter F11.0: Prostrations of Forgetfulness, Koran Recital, or Thanks

@F11.1: The Forgiveness Prostration

The two reasons for the forgetfulness prostration are nonperfomance of something called for (O: such as a main sunna (f9.15) ), or performance of something uncalled-for (O: such as absentmindedly adding a rak'a to one's prayer).

@F11.2

(n: As for nonperfomance,) if one misses an integral of the prayer (def:f9.14) and does not remember it until doing what comes after it, then one must (A: it still in the same rak'a) go back to it, perform it and what comes after it, and (A: it is sunna to)  prostrate for it at the end of one's prayer (O: provided one is not a follower. As for a follower who misses an integral, he continues following the imam until the imam finishes with Salams, and then the follower rises alone and performs a makeup rak'a.

One is only obligated to reperform a missed integral (A: in the same rak'a i.e. when praying by oneself) if one's forgetfulness of it doesn't continue (A: until the next rak'a).  If one's forgetfulness continues and one goes on to perform the integral (A: during the course of the subsequent rak'a) then the same integral (A: of the following rak'a) takes the missed integral's place (A: in which case the rak'a containing the omission does not count and one does not return to it, but performs the rest of the prayer and then adds a makeup rak'a at the end, after which one performs the forgetfulness prostration before one finishes with Salams) ).

@F11.3

(O: If there is a surplus action, such as when one absentmindedly goes from standing to prostration without having bowed, but then remembers, in such a case one stands up and bows, and performs the forgetfulness prostration (N: at the end of the prayer).  This (N: having stood twice before bowing) is a surplus action.

One does not prostrate for forgetfulness when there is no surplus action, as when one omits the final prostration of the prayer, but remembers it before one finishes with Salams and performs it, in which case one does not prostrate for it because there has not been an addition.)

@F11.4

If one misses a main sunna (def: f9.15), even purposely, one perform a forgetfulness prostration. If one misses anything besides an integral or main sunna, then one does not prostrate for it.

@F11.5 

One does not prostrate for (A: either intentionally or absentmindedly) doing an uncalled for action of the type which when done intentionally does not invalidate the prayer (O: such as turning the head, or taking one or two steps), though reciting a part or all of the Fatiha or Testification of Faith (Tashahhud) at the wrong place in the prayer are exceptions to this in that, although intentionally reciting them at the wrong place does not invalidate the prayer, it does call for a forgetfulness

prostration.

@F11.6 

One performs a forgetfulness prostration for unintentionally doing an uncalled-for action of the type which when done intentionally invalidates the prayer (O : Such as a small amount of extraneous speech), provided it is not the type of action whose unintentional performance also invalidates the prayer (O: such as much extraneous speech or action (def:f9) )

(N: since doing it would in any case invalidate the prayer and obviate the need for a forgetfulness prostration).

Straightening back up after bowing (f8.31), and sitting between prostration (f8.36) are two brief integrals. To intentionally make them lengthy invalidates one's prayer, though to do so absentmindedly merely calls for a forgetfulness prostration

(A: An exception to this is standing at length after bowing in the final rak'a of any prayer, as this does not invalidate the prayer even when done intentionally, and even if one does not supplicate therein.)

@F11.7 

If one forgets the first Testification of Faith (Tashahhud) and stands up it is unlawful to return to it. If one intentionally returns to it, this invalidates one's prayer (O: because one has interrupted an obligatory act (A: the Integral of standing)  for the sake of something nonobligatory (A: the main sunna of the first Testification of Faith (Tashahhud) ) ).

But if one returns to it absentmindedly or out of ignorance, one merely prostrates for it, though one must (O: interrupt the Testification of Faith that one has returned to, and)  stand up as soon as one remembers.

If one (A: has omitted the first Testification of Faith and started to rise, but) checks oneself before standing and sits down again, this does not call for a forgetfulness prostration (O: as it is not a full surplus action (def: f11.3) ).  But if one intentionally rises and then returns to sitting after having been closer to standing, one's prayer is invalid. If not (O: i.e. if one had not yet been that close, or had, but returned absentmindedly or in ignorance of its prohibition), it is not (O: invalid).

The same applies to omitting the supplication of the dawn prayer (f8.53), where placing the forehead on the ground is as standing up is in the above ruling(N; that is, one may return to the omitted supplication as long as one has not yet completed one;s (A:first) prostration).

@F11.8 

When praying behind an imam who misses the first Testification of Faith (Tashuhhud) by standing, the follower may not remain seated to recite it by himself (O: as this is a gross contravention of his leadership and invalidates the prayer when done purposely and in awarness of its prohibition) unless he has made the intention to cease his participation in the group prayer and finish alone.

But if the imam omits the first Testification of Faith (Tashahhud) and the follower stands up with in, and then the imam sits, down, it is unlawful for the follower to follow him therein, Rather, the follower should either cease his participation in the group prayer, or else remain standing and wait for the imam to rise before they continue the prayer together. If the follower intentionally sits back down when the imam does (O: knowing it is unlawful) when his prayer is invalid.If the imam is sitting for the Testification of Faith and the follower absentmindedly stands up, then he must sit again, in deference to his imam's leadership (O: because following him in what is correct takes priority over starting an obligatory integral, which is also why the late comer to group prayer may omit both standing and reciting the Fatiha (n: to bow when the imam bows, as above at f8.15) ).

@F11.9 

One does not perform the forgetfulness prostration when one is uncertain (A: i.e. does not know or believe) that one did something that calls for a forgetfulness prostration, or that one added a surplus integral, or did something uncalled for. But if uncertain whether one omitted a main sunna (def: F9.15), or performed the forgetfulness prostration, or whether one prayed three rak'as or four (A: and this includes being uncertain (N: i.e not knowing or believing it probable) that one performed one or more of a rak'a integrals, since without all seventeen integrals (def: f9.14), the rak'a remains unperformed), then one proceeds on the assumption that one did not yet do it (O: returning to the original basis, which was that one had not done it) and one finishes with a forgetfulness prostration.

When one's doubt (A: that one has performed an extra rak'a) is resolved before finishing the prayer with Salam, one also prostrates for forgetfulness because of the rak'a one prayed while uncertain, which was presumed to have possibly been extra (A: i.e the final rak'a, which one performed thinking it might be extra).  But if performing it would have been obligatory in any case, as when one is uncertain during the third rak'a (A: of a four-rak'a prayer)  as to whether it is the third or fourth rak'a (A: both of which would be obligatory for the prayer in any case), but one remembers during it that it is the third, then one does not prostrate for one's forgetfulness, though if one did not remember which it was until rising for the fourth rak'a (A: which one presumed might be the fifth), one prostrates for forgetfulness. ( A: The same applies to prayers of less than four rak'as.)

@F11.10

The forgetfulness prostration, even if there are numerous reasons for it in one prayer, is only two prostrations.

@F11.11

If one comes late to a group prayer and the imam performs a forgetfulness prostration at the end of the group's prayer, one performs it with the group, and once again at the end of one's own prayer. A follower does not prostrate for forgetfulness when he makes an individual mistake (A: the imam did not make)  while following (n: unless he omits an integral, as discussed above at f11.2(O:) ), though he does prostrate if his mistake occured before joining the group or after the imam finished with Salams.

If the imam makes a mistake, even if it was before one joined the group prayer, then one must prostrate for it with the group out of deference to the imam's leadership. one does not it invalidates one's prayer.If the imam neglects to perform a forgetfulness prostration, the follower does so anyway. If one comes late to group prayer, absentmindedly finishes with Salams with the imam, and then remembers (O: the rest of the prayer that one has to complete), one performs the remainder and prostrates for forgetfulness.

@F11.12

The forgetfulness prostration is a sunna. It is performed before one's final Salams, whether the reason is a surplus action or an omitted one. One is no longer entitled to perform it if one deliberately finishes with Salams before it, or absentmindedly finishes with Salams and there is a lengthy interval before one recalls that one was supposed to have performed it; though if this interval is brief and one wishes, then one may prostrate, and one has thereby returned to the prayer and must again finish it with Salams.

THE KORAN RECITAL PROSTRATION

@F11.13

To prostrate for recital of appropriate verses of the Koran is sunna for the person reciting, listening, or merely hearing.

@F11.14

One prostrates for one's own recital if praying by oneself or if one is imam (O: but it invalidates one's prayer to intentionally and with knowledge of its prohibition recite a verse for the purpose of prostrating during the prayer (N: if one prostrates therein), except for al-Sajda (Koran 32) recited in the dawn prayer (subh) on Friday. (A: Though if such a verse merely occurs in the course of one's prayer, as when one is reciting a particular sura containing it, one may prostrate) ).  But if either of them prostrates upon hearing someone else's recital, it invalidates their prayer. A follower prostrates with his imam. The follower's prayer is invalid if he prostrates for his own recital, the recital of someone besides the imam, or does not prostrate when the imam does.

@F11.15

There are fourteen prostration verses, two of them in al-Hajj (Koran 22).  They do not include the prostration at Sad (Koran 38:24), which is a prostration of thinks, not of Koran recital, and is only performed outside of prayer. To purposely prostrate for it during the prayer invalidates the prayer.

@F11.16

When one prostrates for reciting while in the prayer, it is recommended to say "Allahu akbar" before prostrating and again when rising. It is obligatory to stand again after it (O: or to sit up again if performing a nonobligatory prayer seated) and recommended to then recite more of the Koran before one bows.

When one prostrates for reciting while outside of the prayer, it is obligatory to say an opening Allahu Akbar (O: and to finish with Salams, The four integrals of both the prostration of Koran recital (A; outside of prayer) and of the prostration of thanks are:

(a) the intention;

(b) the opening Allahu Akbar;

(c) the prostration;

(d) and the final Salams (A: which can only be performed in a sitting position).

Whether in or out of prayer, the things that invalidate a normal prayer invalidate the prostrations of recital or thanks, and the conditions of the prayer,i.e. ablution (wudu), clothing nakedness, the entry of the proper time which is when the the last letter of a prostration verse has been recited - facing the direction of prayer (qibla), and so forth, are also conditions of these prostrations).  It is recommended to say "Allahu akbar" when one prostrates and rises, though not to recite the Testification of Faith (Tashahhud) therein.

@F11.17

If one delays the recital prostration past its time and the interval is brief (O: meaningless than the time of two brief, medium-length rak'as) then one is still entitled to prostrate. If longer than that, one does not make it up. When one repeats a prostration verse within one sitting or within one rak'a and one has missed the prostration at its first mention, then it is accomplished b a single prostration (O: though if one prostrates for the first, one still prostrates for the subsequent times, as the reason to do so has been renewed).

@F11.18

When reciting the Koran, whether during the prayer or not, it is recommended to ask Allah for mercy at the verses mentioning mercy, and to seek refuge in Him (Ta'awwudh) at verse mentioning punishment.

THE PROSTRATION OF THANKS

@F11.19

Whenever a manifest blessing appears in one's life (O: such as a child, wealth, or prestige), it is recommended to prostrate out of thanks to Allah, and likewise when an affliction is averted (O: such as being saved from drowning, regaining health, or the reappearance of someone lost or the death of a tyrant) ), or when one sees someone Allah has afflicted with disobedience or illness, though in the latter case one should prostrate in private (O: so as not to sadden the person).  The prostration of thanks is the same as the Koran recital prostration outside of the prayer (O: regarding its integrals and conditions (def: f11.16) ).  It invalidates one's prayer if performed during it.

@F11.20

It is unlawful to prostrate without occasion merely to humble oneself to Allah to draw near to Him (O: because it is a reprehensible innovation (bid'a def: w29.3) ).

@F11.21 The recital prostration's requirements of facing the direction of prayer (qibla), purity, and clothing nakedness are the same those of nonobligatory prayers.

*2*Chapter F12.0: Group Prayer and the Imam

@F12.1: Group Prayer

Group prayer is a communal obligation (def:c3.2) upon all male nontravellers for the five current prescribed prayers, such that the rite of the prayer be public. (O: In a small town, it is enough to merely gather somewhere and pray. In a city, the prayer must be held in public places such that the manifestations of obedience to Allah's command are evident. If held in houses where the rite of prayer is not public, the obligation remains unfulfilled (A: though a house with a sign on it is sufficient). )

@F12.2 

Group prayer is sunna for women, travellers, and for makeup prayers in which the imam and followers are performing the same type of prayer; though it is not sunna for a follower's makeup prayer to be performed behind an imam's current prescribed prayer, or for a makeup prayer to be performed behind a different type of makeup (O: such as a follower making up the noon prayer (zuhr) behind an imam who is making up the midafternoon prayer ('asr) ).

@F12.3 

It is personally obligatory to perform the Friday prayer (jumu'a) in a group (A: for every male Muslim who is not travelling).

@F12.4 

The group prayer for which the demand is the strongest is the dawn prayer (subh), then the nightfall prayer ('isha), and then the midafternoon prayer ('isha), and then the midafternoon prayer ('asr).  The minimal number of people for a group prayer is an imam and a follower.

It is best for men to perform group prayer at the mosque (O: as the act of going to the mosque makes the group prayer evident).  The best mosque in which to pray is the one with the most people. If there is a nearby mosque attended by few people, then it is better to go to a distant one attended by more, unless the imam there commits reprehensible innovations (bid'a def:w29.3), is immoral, does not consider one of the integrals of the prayer to be an integral (n: though this does not matter if it is the result of the imam's following a different school of jurisprudence, as below at f12.29(N:) ), or if one's going to the farther mosque will make group prayer impossible at the one nereby (A: as when one is one of the only two people who are likely to come), in all of which cases it is better to pray at the nearby mosque.

It is better for women to pray at home than at the mosque (A; whether they are young or old).  It is offensive for an attractive or young woman to come to the mosque to pray (O: or for her husband to permit her), though not offensive for women who are not young or attractive when this is unlikely to cause temptation. (N: The author's words here must be interpreted in the light of the following details: If a woman's going to group prayer or elsewhere will definitely lead to temptation between the sexes, it is unlawful for her to go. If such temptation can be definitely prevented, her going to attend group prayer remains sunna, as is attested to by the hadiths that have reached us on the subject. If temptation is feared but not certain to occur, her going becomes offensive. Whether such temptation is likely to occur is something that differs with different times, places, and people. An old woman is not like a young one, nor a righteous society like one in which temptation between the sexes is the rule; nor is a special prayer place set aside for women at a mosque like a prayer place which they share with men. This is why 'A'isha(Allah be well pleased with her) said.

"Had the Prophet (Allah bless him and give him peace) seen what women do now, he would have forbidden them the mosque as the women of Bani Isra'il were forbidden."

a hadith reported Bukhari and Muslim.

The temptation between the sexes whose occurrence is to be feared when they intermingle is of various degrees, the least of which is a person's appreciating and admiring the other, then being attracted to enamored with the other, and finally, those indecencies which are not hidden from anyone. Islam is eager to eliminate evil at its inception and extirpate temptation from its outset, and the word of Allah Most High.

"Tell believers to lower their eyes and to guard their private parts"(Koran 24:30),

explains both the starting point and final outcome of the temptation of men through women and the temptation of women through men.)

@F12.5 

There is no demand to go to group prayer (O: whether communally obligatory (dis: f12.1), personally obligatory (f12.3), or sunna (f12.2) ), when there is a valid excuse not to, such as:

-1- hardship due to rain or snow that soaks clothing;

-2- hardship due to heavy mud (O: from getting soiled or slipping when walking through it);

-3- (O: severe) winds at night (O: or dawn);

-4- severe heat or cold (O: because of the hardship of moving in them, and likewise intense darkness at night, which is an excuse not to attend);

-5- being in the presence of food or drink that onewants to have (O: as they obviate the awe and humility befitting they prayer. One should eat enough to take the edge off one's hunger (A: and then go to join the group) );

-6- holding back from going to the toilet or breaking wind (O; as one should relieve oneself first, even if one fears missing the group prayer);

-7- hazard to one's person;

-8- hazard to one's property (O: from theft or seizure, whether it belongs to oneself or to another whose property one is obliged to protect. It also includes bread one has put in the oven that would burn if one were to leave and attend the prayer);

-9- hardship from an ailment (O: even when one is able to attend, if it entails a hardship comparable to that of walking in the rain. If one is suffering from a slight indispostion such as a toothache or the like, it is not an excuse);

-10- taking care of a sick person (O: who would suffer harm if one left to pray, whether a relative, friend, or total stranger) or taking care of someone ill who is strongly attached to one's staying with him;

-11- the death of relative, friend, (O: or spouse);

-12- fear of missing the impending departure of the party one intends to travel with;

-13- having eaten something with a bad odor(O: such as raw onions or garlic, though not if cooked as this eliminates the smell);

-14- or fear of meeting someone who will try to collect a debt one owes him and one is unable to pay.

(O: The demand for group prayer is not eliminated by other the above excuses.)

@F12.6 

It is a condition of a valid group prayer that the follower intend to follow the imam (O: whether at the opening Allahu Akbar or thereafter).  If the follower neglects to do so, his prayer is as if he had performed it alone. It invalidates one;s prayer to purposely omit the intention to follow the imam while at the same time praying behind him and following his motions by awaiting them at length, though awaiting them shortly or performing one's own prayer simultaneously with his does not invalidate it.

It invalidates one's prayer to take a follower as one's imam when the follower is concurrently praying behind an imam (O: though if his imam finishes with Salams and the follower is still praying, he may then be taken as one's imam.).

@F12.7

The imam intends the prayer as imam. If he neglects this intention then his own prayer counts as if he had prayed alone (N: though his follower's prayer counts as a group prayer), the imam having lost the reward for praying in a group.

In the Friday prayer (jumu'a), it is a necessary condition for the prayer's validity that the imam intend leading as imam.

@F12.8

When going to a group prayer, it is recommended to walk with tranquillity. (O: It is sunna not to gambol about, speak of disapproved things, or engage in acts which are offensive in the prayer itself, such as looking right or left.)

It is recommended to diligently seek the spiritual merit of being at the group prayer's opening Allahu Akbar, meaning that one says it just after the imam does.

@F12.9

If one has begun a nonobligatory prayer when the call commence (iqama) is given, one should finish it before joining the group, as long as one does not fear the group will finish before one can join them. If afraid they will, then one interrupts the nonobligatory prayer to join them.

If one has begun praying a prescribed prayer alone and the call to commence (iqama) is given for a group prayer, it is recommended to turn one's prayer into a supererogatory prayer of two raka's and pray the prescribed prayer with the group. Were one to merely change one's intention to that of following their imam, it would count as a valid group prayer for one, but it is offensive. In such a case if one reaches the end of one's prayer before the group, one may either wait for them to finish with one while sitting in the final Testification of Faith (Tashahhud), or else finish with Salams as soon as one reaches the end of one's prayer. (O: One may not follow the imam in what is in excess of one's own prayer.)

@F12.10

It is permissible to start praying with a group, and then cease one's participation in praying with them (A: by a silent intention) and finish one's prayer alone, though this is offensive when there is no excuse, such as being ill, or unable to endure the imam's lengthy Koran recital because of weakness or having business to attend to (N: or a pressing emergency). )

@F12.11

When one arrives late to a group prayer in which the imam is already bowing, it is obligatory for one to say the opening Allahu Akbar while standing upright, after which one says a second Allahu Akbar before one bows to join the group (O: though if one only says it once, intending the opening Allahu Akbar thereby, then omitting the second Allahu Akbar of bowing does no harm, as it is sunna).  If any part of one's opening Allahu Akbar occurs when one is not standing upright (def: f8.27), one's prayer is invalid.

A latecomer is considered to have performed the rak`a if he manages to say "Allahu akbar," bow, and remains motionless a moment therein before the imam straightens up beyond the definitional limit of bowing (f8.29).  If one is uncertain as to whether the imam straightened up past the limits of bowing before one reached that position, or whether it was after, then one has not performed the rak`a (O: as one assumes, when uncertain, that one had not yet reached it).  Nor does the rak`a count for such a follower when it does not count for the imam, such as when the imam nullifies his ablution (wudu), or has overlooked something impure on his person, or has mistakenly added a fifth rak`a to his prayer.

If one does not join the group until the imam has straightened up from bowing, or thereafter, then one follows his motions, saying "Allah akbar" with him and repeating "Subhan Allah" and the Testification of Faith (Tashahhud) when he does, even when this does not correspond to the rak`a in which one's own Testification of Faith would be if one were praying alone.

If one joins the group just as the imam is prostrating or sitting in the final Testification of Faith, then one prostrates or sits with him (N: after having recited one's opening Allahu Akbar while standing) without (A: a second) Allahu Akbar (O: though one does say "Subhan Allah" in prostration and recite the Testification of Faith with the imam, in deference to his leadership).

If the final Testification of Faith of the imam coincides with one's own first Testification, then when the imam finishes with Salams, one stands up with an Allahu Akbar to finish one's prayer; though if the imam's final Testification does not coincide with one's first Testification, one rises to finish without an Allahu Akbar.

@F12.12

Whenever one joins the group before the imam finishes with Salams, one has attained the merit of the group prayer. (N: But it is less than the merit of praying with the group from the beginning or joining them in the middle, though joining them at the end is better than praying alone.)

@F12.13

That rak`as one performs before the imam finishes with Salams are the first rak`as of one`s prayer, and those performed after the imam finishes are the last. Hence, if the imam performs the dawn prayer's supplication (def: f8.53) in the rak`a in which one joins the group, one repeats it in one's own second rak`a.

@F12.14

It is obligatory for one to follow the imam's leadership in prayer actions, such that each of one's movements begins after the imam begins it and before he finishes (N: the following integral).  (O: It is highly desirable that) one follows the imam's spoken integrals in the same way, with the sole exception of saying "Ameen" (def: f8.19), which should be simultaneous with his.

It invalidates one's prayer to say one's opening Allahu Akbar simultaneously with the imam, or to be uncertain as to whether one did so or not. It is offensive to perform some other part of the prayer simultaneously with the imam, and one thereby loses the merit of group prayer.

@F12.15

It is offensive to proceed to an integral ahead of the imam, as when one bows before he does, and one is recommended to return to following him.

(N: An "integral" in rulings concerning the person who gets ahead of the imam or lags behind him refers to integrals that are physical actions, such as standing, bowing, straightening up, prostrating, or sitting up between prostrations. It does not refer to spoken integrals such as reciting the Fatiha, or to remaining motionless for a moment in the various positions.)

It is unlawful, though it does not invalidate the prayer, to completely finish an integral before the imam comes to it, as when one bows, straightens up, and then waits for him to straighten up.

It invalidates one's prayer to completely finish two integrals before the imam does, if one does so intentionally (O: and knowing it is unlawful).  If one does so absentmindedly (O: or in ignorance of its prohibition), it does not invalidate the prayer, but the rak`a does not count (O: and one must add an additional rak`a after the imam finishes with Salams).

LAGGING BEHIND THE IMAM

@F12.16

If there is no excuse (def: below), it is offensive to lag behind the imam until he completely finishes an integral (def: f12.15(N:) ) ahead of one, and it invalidates one's prayer to lag behind the imam until he finishes to integrals.

If the imam bows and straightens up while (N: without excuse) one has not yet bowed, it does not invalidate one's prayer until the imam actually begins going down towards prostration and one still has not bowed (O: since lagging means that the imam has finished two integrals before the follower has reached the first of them).  This invalidates one's prayer even before the imam reaches prostration, as he has completed two integrals.

@F12.17

When one lags behind the imam for a valid reason, such as one's slow recital (O: the imam being fast in his recital) due to one's inability (A: whether natural inability or being a non-Arabic-speaker), not merely to unfounded misgivings (waswasa, def: s3.3), and the imam bows, then it is obligatory for one to finish the Fatiha (O: one is not entitled in such a case to simply omit the rest of the Fatiha and bow with the imam, as a latecomer is entitled to do (dis: f8.15, third par.) ), after which one rapidly performs the elements of the prayer to catch up with the imam, provided the imam is not more than three (O: long) integrals ahead of one. (O: Long excludes the integrals of straightening up after bowing and sitting between prostrations, which are short. Rather, the imam's being three integrals ahead of one means he has bowed, prostrated once, and begun the second prostration, while the follower still has not bowed.)

If one is further behind than that (O: as when he has started to stand up while one is still standing for recital), then one follows from where one is (N: the number of rak`as one has done) and performs the ones missed after the imam finishes with Salams.

@F12.18

When the imam is bowing or in the final Testification of Faith (Tashahhud), and becomes aware of someone coming to join the group prayer, it is recommended that he wait for the latecomer (N: so the rak`a counts for him if they are bowing, or so the group prayer counts for him if they are in the final Testification of Faith), provided:

(a) that the person has entered the mosque or place of prayer;

(b) that the wait is not excessively long;

(c) and that the imam's intention is obedience to Allah, not to give distinction or honor to the latecomer, such as by waiting for the noble but not the lowly.

Waiting for a latecomer is offensive in other than bowing and the final Testification of Faith.

@F12.19

When a mosque has an imam assigned to it (O:by the person in charge of the mosque, or as a condition of an endowment (waqf, def:k30) ), and the mosque is not in a busy location, it is offensive for another to commence the group prayer without the imam's permission (O: because the imamate is his, no one else's, and because of the alienation and hurty feelings it involves).  It is not offensive for another to do so in a mosque at a busy location or one to which no imam has been assigned.

@F12.20

When one has already performed one's prescribed prayer alone or in a group, and finds another group prayer being performed, it is recommended to repeat one's prayer with them, intending the obligatory prayer. (A: The first fulfills one's obligation of the prescribed prayer, but one intends repeating, e.g., the noon prayer (zuhr). ) Its reward is that of a supererogatory prayer.

@F12.21

The imam is recommended to keep his recital of sura brief (O: not necessarily the absolute minimum, but not the maximum desirable for someone praying alone).  When leading a group composed solely of those who do not mind lengthy prayers, he is recommended to lengthen the recital.

(O: The imam should not prolong the recital when he does not know how everyone feels, and of those present some generally prefer lengthy rak`as and some do not, or when praying in a mosque at a busy location where people often join the prayer after the imam has begun.)

@F12.22

When the imam stops reciting the Koran because of uncertainty, it is recommended for the follower to remind him of what comes next. (N: When he does not stop but merely hesitates, the follower does not remind him, so as not to fluster him.) If the imam forgets an invocation (dhikr), the follower says it so the imam can hear. If he forgets an action, the follower should remind him of it by saying "Subhan Allah" (n: with the intention of invocation, as at f9.4(O:) ).  If the imam remembers having missed the action, he performs it. But if he does not remember having missed it. It is not permissible for him to perform it just because the followers or others are reminding him, even if they are numerous. (A: The more reliable opinion is that if their number reaches four or more, he must act upon it.)

@F12.23

If the imam omits an obligatory element of the prayer (O: and does not return to it and perform it), then it is obligatory for the follower to cease his participation (def: f12.10) in the group prayer.

If the imam omits a sunna that the follower cannot add without considerably lagging behind, such as the first Testification of Faith (Tashahhud), then it is unlawful for the follower to perform the missing sunna (O:rather, he must follow the imam).  If he performs it anyway (O: intentionally and knowing it is unlawful), it invalidates his prayer, though he is entitled to cease his participation in the group prayer to perform the sunna in the course of finishing his own prayer alone. IF the sunna omitted by the imam can be done without much of a lag, such is sitting briefly before rising for a new rak`a (def: f8.40), then the follower may add it without ceasing his participation in the group. (O: This also applies to when the imam omits the dawn prayer's supplication (f. 8.53), which the follower may perform it he can catch up with the imam before the imam lifts his head from the second prostration, though if the imam lifts his head before the follower has prostrated even once and the follower has not intended to cease his participation in the group prayer, then the follower's prayer is invalid.)

@F12.24

Whenever the imam ceases his prayer because of his ablution (wudu) being nullified, or another reason, he may choose a successor to finish leading the prayer, provided the successor is eligible (def: F12.27) to lead the group. If the group performs a whole integral (f12.15(N:) ) after the imam has stopped leading, then he may no longer choose a successor.

Any follower may be picked as the successor (O: even if he came late to the group prayer).  If a latecomer, he leads the group beginning at the same point in the prayer where the imam left off. When he finishes leading them in their prayer, he stands (O: to finish his own), and indicates to them to cease following his leadership, or better yet, indicates for them to remain waiting for him (A: in their final Testification of Faith (Tashahhud) ) until he comes to it after finishing his own rak`as. If he does not know which rak`a the imam was in, then he should observe (O: by looking left or right to see if the followers are sitting or) whether they are ready to rise. If they are, he rises, and if not, then he sits in a Testification of Faith.

It is permissible for the successor to be someone who has not been praying with the group, provided he is picked in the first or third rak`a (if the prayer has four rak`as), though he may not be picked in the second or fourth rak`a (A: because the order of the person's prayer will not correspond to theirs, for such a person is not committed to the imam's order).

The followers need not intend to follow the successor. They may each simply break off and finish alone. If the imam chooses someone but they put forward someone else, their choice takes precedence.

THE IMAMATE

@F12.25

The one with the best right to be imam (N: in order of preference, when there is a disagreement) is:

-1- the most learned in Sacred Law (A: i.e. the rulings concerned with prayer) (O: even if he has not memorized any of the Koran except the Fatiha, since the need in prayer for knowledge of its rules is practically unlimited, while the only Koran recital required is the Faitha);

-2- he who has memorized the most Koran:

-3- the most godfearing (O: because leading the prayer is an embassage between the servant and Allah Most High, and best befits him most honored by Allah);

-4- he who has been a Muslim longest;

-5- the noblest in lineage;

-6- he with the best life history or reputation;

-7- the cleanest in person and clothes;

-8- he with the best voice;

-9- and the most handsome.

When only one of the above is present, he is chosen. If all people present or some of them possess one or more of these characteristics, then someone from the first of the list takes priority over those listed after him. If two are equal and each insists on being the imam, they draw lots. (N: It is permissible for a less qualified person to lead, even when a better qualified one is present.)

The imam assigned to a mosque or a person living in the house where the prayer takes place, even if only renting, takes precedence over everyone on the list, from the most learned on down, though he may select anyone else he wishes to lead the prayer. The sultan and those under him, of Islamic judges, regional governors, and so on, take precedence over even the imam of the mosque, the householder, and others.

The following take precedence even when the latter is more learned in Sacred Law:

-1- a nontraveller over a traveller;

-2- an upright person (def: o24.4) over a corrupt one;

-3- and an adult over a child.

A slighted and a blind person are equally eligible to lead the prayer.

@F12.26

It is offensive for someone to lead a group at prayer when most of the group dislike him for a reason recognized by Sacred Law (O: such as wrongdoing, not taking precautions against filth (najasa), having a blameworthy income, keeping the company of oppressors or the immoral, and so forth. If a minority dislike him, it is not offensive, for nobody lacks someone who dislikes him).

@F12.27

It is not permissible (O: or valid) to follow an imam who is non-Muslim, insane, in a state of ritual impurity (def: e7,e10), or who has filth (najasa) on his clothing or person, or is a woman leading men, or someone who omits or mispronounces (def: f8.18) a letter of the Fatiha leading someone who knows it, or a mute, or someone who slurs the words so the letters are indistinct from one another, or someone with a lisp.

If after the prayer one finds out that the imam was one of the above, then one must make up the prayer, unless the imam had filth upon him that was concealed, or he was in a state of ritual impurity (N: in which cases one need not make it up).

@F12.28

The group prayer is valid:

-1- When the imam is performing a supererogatory prayer and the follower is performing a prescribed prayer, or vice versa;

-2- when the imam is performing the noon prayer (zuhr) and the follower is praying the dawn prayer (subh) (A: i.e. when the type of prayer differs), or vice versa;

-3- when the imam is praying while sitting and the follower is praying standing, or vice versa;

-4- and when the imam is performing a makeup prayer and the follower is performing a current one, or vice versa.

(n: But a person shortening his prayer because of travelling may not pray behind an imam who is performing the full number, as at f15.8(f). )

@F12.29

It is valid for a Shafi`i to follow the leadership of an imam who follows a different school of jurisprudence whenever the follower is not certain that the imam has omitted an obligatory element of the prayer, though if certain the imam has omitted one, it is not valid to follow him. The validity is based solely on the belief of the follower as to whether or not something obligatory has been omitted. (N: One should mention the position of the Malikis and Hanbalis here, which is that the criterion for the validity of following the imam is the imam's school of jurisprudence, such that if his prayer is valid in his own school, it is permissible to follow him as imam. How close this is to the spirit of the Law, which strives for Muslim unity.)

@F12.30

It is offensive to take an immoral person (def: o24.3(A:) ) as imam (O: because he might not be concerned about the things that are obligatory in the prayer), or someone who stutters over the letter f or the letter t, or who makes inconsequential mistakes in the Arabic vowelling (O: that do not change the meaning).

RULES AND CONDITIONS OF FOLLOWING

F12.31

When there are two or more male followers, it is sunna for them to stand behind the imam. A single male follower stands on the imam's right, and if a second follower arrives, the newcomer stands to the imam's left and says his opening Allahu Akbar, after which the two followers move back (O: little by little).  If they cannot move back (O: for lack of room) then the imam moves forward.

@F12.32

When there are men, boys, and women present, the men form the front row or rows, then the boys, and then the wome. (A: This is also the rule for husband and wife: the wife prays in a separate row behind the husband.) (O: If the men's back row is incomplete, it should be completed with boys (A: and a latecomer may not remove the boys to make a place for himself unless they are directly behind the imam).  Those who form a new row behind a row that is incomplete do not attain the merit of group prayer.)

A woman leading women in prayer stands in the middle of their first row.

@F12.33

It is offensive for the imam's place to be higher or lower than the follower's unless the imam wishes to teach the followers the actions of prayer. If the imam and follower are not in a mosque, it is obligatory that part of the imam's body be level with part of the follower's when both are of average height.

@F12.34

A latecomer to a group prayer who does not find a place in the last row should stand behind it, begin his prayer with the opening Allahu Akbar, and then indicate to someone in the row to stand with him, by drawing him back; and it is recommended that the person selected cooperate by stepping back (A: this is only if the latecomer does not expect anyone else to come). 

@F12.35

The follower's prayer is invalid if his heel is farther forward than the imam's. (O: He should be farther back than the imam's heel, even if only a little, but not more than 1.44 meters, for otherwise the merit of group prayer is lost (A:i.e. unrewarded, though not legally invalid). )

@F12.36

Whenever an imam leads a follower in a mosque, the group prayer is valid no matter if they are at a distance from each other, and no matter whether they are in the same chamber or not, as when one of them is on the roof (even if the door is closed) and the other is in the mosque's well, provided that (O: both places open onto the mosque, and that) the follower can know when the imam is performing the motions of the prayer, whether by seeing the imam, or hearing his backup man (muballigh, the person who repeats the imam's Allahu Akbars and Salams in a loud voice so people can hear).  Multiple interconnected mosques opening onto each other are considered as one mosque (O: and so are the mosque's outer courtyards, even when there is a walkway between the courtyard and mosque).

MAXIMAL DISTANCES BETWEEN THE IMAM AND FOLLOWERS

@F12.37

When the imam and follower are not in a mosque, but are in an open expanse such as a desert or large house, their group prayer is valid as long as the distance between them does not exceed approximately 144 meters. If farther apart than this, their group prayer is not valid. If there are rows of people behind the imam, this distance is the maximum that is valid between each row and the one in front of it, even if there are miles between the imam and the last row, or a fire, river that would have to be swum to reach him, or busy street between them.

If the imam is in one building and the follower in another, such as two houses, or if there is a house, inn, or school where the imam is in a courtyard and the follower is under a covered porch, or vice versa, then the maximum allowable distance is the same as for outdoors (def: above), provided that there is nothing between the imam and follower that obstructs passage to the imam, such as a latticework window (O: and provided that there is nothing that prevents the follower from seeing him, such as a closed door) >

The group prayer is valid when the imam is in a mosque and the follower is in an adjoining space, provided that there is 144 meters or less between the follower and the edge of the mosque, and that between the follower and the mosque there is not a barrier lacking a breach in it, breach meaning, for example, when the follower is standing before a wall's open gate. If such a person's group prayer with the imam is thus valid, then the prayer of those behind him or in the row with him is also valid, even when (O: these others are numerous, and) the group extends beyond the area fronting the gate. Such a person's group prayer is not valid if he turns from the gate, or if the wall of the mosque, a window, or a closed door (locked or not) lies between him and the imam.

*2*Chapter F13.0: Times When the Prayer is Forbidden

@F13.1

(O: The rules below apply to prayers that are wholly supererogatory, i.e. which are not performed for any particular occasion or reason, and apply to prayers performed for a reason that will occur after the prayer, such as the two sunna rak`as before entering the state of pilgrim sanctity (ihram). )

@F13.2

The prayer is unlawful and invalid:

-1- from sunrise until the sun is a spear's length above the horizon (N: meaning when a distance equal to the sun's diameter appears between the sun and the horizon);

-2- from the time the sun is at its highest point in the sky until it moves on;

-3- from when the sun yellows before sunset until after it has set;

-4- after praying the current dawn prayer (subh);

-5- and after praying the current midafter-noon prayer (`asr).

@F13.3

It is permissible at the above times to offer nonobligatory prayers that are performed for a particular reason, such as the funeral prayer, greeting the mosque (def: f10.10), or the two rak`as that are sunna after ablution (wudu); and is also permissible to make up missed prayers; though one may not perform the two rak`as that are sunna before entering the state of pilgrim sanctity (ihram).

@F13.4

It is not offensive to pray within the Meccan Sacred Precinct (Haram) at any time. Nor is it offensive to pray when the sun is at its zenith on Fridays (N: whether in the Sacred Precinct or elsewhere).

*2*Chapter F14.0: The Prayer of a Sick Person

@F14.1

Someone unable to stand may pray the prescribed prayer seated (O: and need not make it up), unable meaning that standing involves manifest hardship, will cause illness or the worsening of a present illness, or cause vertigo, as when one is on a ship.

Such a person may sit for the prayer any way he likes, though the iftirash style of sitting (def: f8.37) is recommended. It is offensive in prayer to simply sit on the ground, palms down and knees drawn up, or to sit with legs outstretched (A: when there is no excuse).

@F14.2

When seated for the prayer, the minimal bowing is to incline until the forehead is farther forward than the knees. The optimal way is to incline until the forehead is as far forward as the place where the head rests in prostration. When unable to bow or prostrate, one comes as close to the ground with the forehead as one can. When unable to do this, one performs them by nodding.

@F14.3

If an abscess or the like prevents one from sitting, then one "sits" standing (A: meaning ordinary standing, with the intention of sitting (N: so that one stands between prostrations and for the Testification of Faith (Tashahhud) ) ).

@F14.4

If one is capable of standing but suffers from a painful swelling of the eyes or something similar (O: such as a wound that can be treated by having the patient remain lying down) and a reliable physician (O: in terms of knowledge and expertise in medicine, who can be believed) tells one that praying while on one's back will enable one to be treated, then it is permissible to pray while lying down (O: without having to make up the prayer) >

@F14.5

If unable to stand and unable to sit, one lies on one's right side (O: the right is recommended) facing the direction of prayer (qibla) with the face and front of the one's body, though one must bow and prostrate if possible (O: meaning one stands up enough to bow, then bows, then prostrates; or else sits up and bows).

If this is not possible, one bows and prostrates by merely nodding one's head (O: bringing one's forehead as near to the ground as possible), deeper for prostration than for bowing.

If unable to even nod, one merely glances down with the eyes for bowing and prostration. If one cannot, one goes through the integrals of the prayer in one's mind. If unable to speak (O: to recite the Fatiha) one recites it in one's heart.

The obligation of prayer exists as long as one is able to reason (dis: f1.1, second par.).

@F14.6

If one is standing during the prayer and becomes unable to remain standing, one sits to finish the prayer. If this occurs during the Fatiha, one may not interrupt reciting it, but must continue to do so as one proceeds to sit.

If one's condition improves enough (O: i.e. if seated during a prescribed prayer because of illness and a recovery of strength enables one to now stand), then one must stand to complete the prayer.

*2*Chapter F15.0: Shortening or Joining Prayers for Travel or Rain

@(A: The two travel dispensations of shortening and joining prayers have no effect on each other; one may take both together, either, or none. It is superior in our school not to take dispensations that are permissible.)

SHORTENING PRAYERS WHILE TRAVELLING

@F15.1

It is permissible to shorten the current prescribed prayers of noon (zuhr), midafternoon (`asr), and nightfall (`isha) to two rak`as each, when one:

(a) is travelling for a reason that is not disobedience to Allah (O: as there is no dispensation to shorten prayers on such a trip);

(b) on a journey of at least 48 Hashemite miles (n: approximately 81 km./50 mi.) one way.

One may also shorten the above prayers when one both misses them and makes them up on the trip, though one must pray the full number if one misses them while not travelling and makes them up on the trip, or misses them on the trip and makes them up while not travelling.

@F15.2

This distance (n: 81 ka/50 mi. one way) holds for travel by water as well as by land. If such a distance is traversed in an instant (O: preternaturally, because of a miracle (karama, def: w30) ), one may still shorten the prayer. (O: The brevity of the time taken to travel the distance is of no consequence.)

@F15.3

When there are two routes to a destination and one of them is less than the distance that permits shortening prayers but one chooses the longer way for a legitimate purpose such as safety, convenience, or recreation (O: provided that recreation is merely the reason for taking that route, not the reason for the trip itself, which must have some other legitimate purpose such as trade, for an outing is not a legitimate purpose) then one may shorten prayers. But if the only reason for choosing the longer way is to take the dispensation, then doing so is not valid and one must pray the full number. (A: Purely recreational trips whose purpose is not disobedience are permissible, but there are no travel dispensations in them, though if undertaken in order to gain religious knowledge, to visit a fellow Muslim, or visit the grave of a righteous or learned Muslim (dis: g5.8), these and similar purposes are legitimate and permit the dispensations.)

@F15.4

The journey's destination must be known. If a wife travelling with her husband or a soldier with his leader does not know the destination, they may not shorten their prayers (N: as long as they have not yet travelled the distance that permits shortening. When they have travelled it, then they may).  If they know the destination and the journey meets the conditions (def: f15.1), then they may shorten their prayers (N: from the beginning of the journey).

@F15.5

Someone whose journey constitutes an act of disobedience, such as a woman travelling against her husband's wishes, may not shorten their prayer but must pray the full number. (O: The same applies to someone who undertakes a legitimate trip and then changes the purpose of it to disobedience.) (N: Though shortening prayers is permissible for someone who commits an act of disobedience while on a legitimate trip, as when someone travels for trade, but then sins by drinking wine, for example.)

THE BEGINNING OF THE JOURNEY

@F15.6

If one's city has walls, one may begin shortening prayers as soon as one has passed them, whether or not there are other buildings outside them. If there are no walls, one may shorten one's prayers after passing beyond the last buildings, excluding farms, orchards, and cemeteries. (N: When the buildings of a city extend to the next city, one's journey begins at the former's city limits, or at what people commonly acknowledge (def: f4.5) to be the edge of town.) A desert dweller may begin shortening prayers when he passes beyond his people's tents. (O: A person living in a valley begins shortening prayers when he has traversed the distance of the valley's width. Someone living on a hill begins when he comes down from it. A person living in a gorge begins when he climbs up out of it.)

THE END OF THE JOURNEY

@F15.7

When the trip ends one must pray the full number of rak`as for each prayer.

A trip ends when one reaches one's hometown. It also ends:

-1- by the mere intention to stay in a place at least 4 full days, not counting the day one arrives or the day one departs;

-2- or by staying that long without the intention, so that after one has stayed 4 full days, not counting the days of arrival and departure, one prays the full number of rak`as, unless one is staying in a place in order to fulfill a purpose that one expects to accomplish and intends to leave as soon as one does. As long as this is the case, one may shorten one's prayers for up to 18 days. If longer than this, one prays the full number. This holds for both jihad (def: o9) and other purposes.

When one reaches one's destination and intends to stay there for a significant amount of time (O: 4 days), one must pray the full number of rak`as, but if not (O: as when not intending to stay at all, or intending 3 days or less), then one may continue shortening prayers for either 4 days (O: if one learns that one cannot accomplish one's purpose during them), or 18, if one can expect one's purpose to be accomplished at any moment.

THE CONDITIONS FOR SHORTENING THE PRAYER

@F15.8

The conditions for shortening the prayer while travelling are:

(a) (O: that the trip be legitimate (def: f15.5);

(b) that it be at least 81 km./50 mi. one way;

(c) that the destination be known (f15.4) );

(d) that the prayer take place from start to finish while one the trip (A: if one's vehicle arrives before the prayer is finished, one prays the full number);

(e) that the intention to shorten the prayer coincide with the opening Allahu Akbar (O: it not being valid if made after this);

(f) that no portion of the prayer be performed while following an imam who is praying the full number of rak'as;

(g) (O: that one be aware of the permissibility of shortening prayers for travel;

(h) and that the intention be free of things which nullify it (A: such as vacillation or doubts (dis: below) ) ).

One must pray the full number of rak`as if:

-1- (non-(d) above) the intention to stay at the place for 4 days occurs during the prayer;

-2- (non-(h) ) one is uncertain whether one's intention was to shorten, but one soon recalls that one did intend it;

-3- (non-(h) ) one vacilates in the intention between shortening the prayer or not doing so;

-4- or (non-(f) ) one does not know whether one's imam is shortening or not, though if one does not know the imam's intention, it is valid to intend that if the imam shortens the prayer, one will shorten, and if he prays the full number, one will pray the full number, and then to do this.

JOINING TWO PRAYERS DURING A JOURNEY

@F15.9

It is permissible to join the noon prayer (zuhr) and midafternoon prayer (`asr) during the time of either of them (N; or the Friday prayer (jumu`a) and midafternoon prayer in the time of the Friday prayer), and permissible to similarly join the sunset prayer (maghrib) and nightfall prayer (`isha) during the time of either, provided one joins them during a journey in which prayer may be shortened (def: F15.8(a,b,c,d) ).

If one stops travelling (A: to rest, for example) during the time of the first of the two prayers, then this is the best time to join them, but if one is travelling steadily during the first time, the time of the second is better.

@F15.10

The conditions for joining two prescribed prayers on a trip in the time of the first of them are:

(a) that the trip continue (A: until one finishes both prayers);

(b) that the first of the two be prayed first;

(c) that the intention to join the two prayers occur before finishing the first, either coinciding with the opening Allahu Akbar, or occuring during the prayer;

(d) and that one not separate the two prayers by waiting between them, though a short interval (A: meaning one that could contain two rak`as of the briefest possible) is of no consequence, nor is a brief search for water (dis: e12.3) by someone who has performed dry ablution (tayammum).

If one prays the second of the two prayers before the first (non-(b) above,), then that prayer is invalid (O: and must be repeated after the first, if one still wants to join them).

One must wait to perform the second of the two prayers until its own time if:

-1- (non-(a) above) one finishes one's journey before performing the second prayer;

-2- (non-(c) ) one neglects to intend joining them during the first prayer;

-3- or (non-(d) ) one waits at length between them.

@F15.11

If one has performed both prayers and the journey subsequently ends (A: whether in the time of the first prayer or the time of the second), they are and remain valid.

@F15.12

The necessary condition for joining two prayers in the time of the second of them (A: in addition to f15.8 (a,b,c,d) ) is that one make the intention to do so before the end of the first prayer's time (O: by an interval which could contain at least one rak`a).  If one neglects this intention, one has sinned, and praying the first prayer during the second prayer's time is considered making it up.

@F15.13

When joining two prayers in the time of the second, it is recommended (A: not obligatory) :

-1- to pray the first one before the second;

-2- to not pause at length between them;

-3- and that the intention to join them be present during the prayer one performs first.

JOINING PRAYERS BECAUSE OF RAIN

@F15.14

It is permissible for a nontraveller to pray the noon prayer (zuhr) and the midafternoon prayer (`asr) at the time of the noon prayer (N: or the Friday prayer (jumu`a) and midafternoon prayer at the time of the Friday prayer), and to similarly pray the sunset prayer (maghrib) and nightfall prayer (`isha) at the time of the sunset prayer if:

(a) it is raining hard enough to wet one's clothing (O: and like rain in this is melted snow or hail);

(b) one is praying with a group in a mosque (O: or other place of prayer);

(c) the mosque is far (O: from one's door, i.e. far by common acknowledgement (def: f4.5) );

(d) it is raining when the first prayer begins, when it ends, and when the second prayer begins;

(e) and conditions f15.10 (b,c,d) exist.

@F15.15

(A: If one arrives during the second of two prayers joined because of rain and does not finish one's own first prayer before the group finishes their second, then one is no longer entitled to join one's prayers for rain. It is a necessary condition that one pray at least part of the second prayer with them though one may hurry through one's own first prayer alone to catch up with and join them during their second.)

@F15.16

If the rain stops after one finishes the two prayers or during the second one, both prayers are and remain valid.

@F15.17

It is not permissible to join two prayers in the time of the second of them because of rain.

@F15.18

(n: In the Shafi`i school, there are no valid reasons other than travel or rain for joining prayers, though others exist in the Hanbali school, as discussed in what follows.)

(`Abd al-Rahman Jaziri:) The hanbalis hold that the above mentioned joining between the noon prayer (zuhr) and midafternoon prayer (`asr), or between the sunset prayer (maghrib) and nightfall prayer (`isha) is permissible, whether in the time of the first prayer of each of these two pairs, or in the time of the second prayer of each of them, though it is superior not to join them.It is a necessary condition for the permissibility of joining them that the person praying be:

-1- a traveller on a trip in which shortening prayers is permissible;

-2- a sick person for whom not to join prayers would pose a hardship;

-3- a woman who is nursing an infant, or who has chronic vaginal discharge (dis: e13.6), since she is permitted to join prayers to obviate the hardship of purification for every single prayer;

-4- someone with an excuse similar to the woman with chronic discharge, such as a person unable to prevent intermittent drops of urine coming from him (e 13.7);

-5- or someone who fears for himself, his property, or his reputation, or who fears harm in earning his living if he does not join prayers; the latter giving leeway to workers for whom it is impossible to leave their work. (al-Fiqh `ala al-madhahib al-arba`a (y66), 1.487)

PRAYING THE SUNNA RAK`AS WHEN ONE JOINS PRAYERS

@F15.19

(O: When one wants to join the midafternoon prayer (`asr) and noon prayer (zuhr) in the time of the noon prayer, one first prays the sunnas that come before the noon prayer, followed by the noon prayer, the midafternoon prayer, the sunnas that come after the noon prayer, and then the sunnas that come before the midafternoon prayer.

Similarly, when one joins the nightfall prayer (`isha) with the sunset prayer (maghrib), one prays the sunnas that come before the sunset prayer, and postpones those that follow the sunset prayer until after one has prayed the nightfall prayer, after which one prays the sunnas that come before and after the nightfall prayer, and then witr. Their order is sunna.)

*2*Chapter F16.0: The Prayer of Peril

@F16.1

The prayer of peril may be performed when the Muslims are engaged in permissible fighting (O: whether obligatory, as when fighting non-Muslims or highwaymen whom the caliph (def: o25) is fighting, or permissible, as when fighting someone who is trying to take one's property or that of others).

@F16.2

When the enemy is not in the direction of prayer (qibla), the imam divides the Muslim force into two groups. One group faces the enemy while the other prays a rak`a, the group makes the intention to cease following his leadership in the prayer and then finishes their second rak`a alone as individuals while the imam remains standing at the beginning of his second rak`a, reciting the Koran and awaiting the second group.

Then this first group goes to relieve the others in facing the enemy, and the others come and begin their group prayer behind the imam, who is still standing and who remains so long enough for the second group to recite the Fatiha and a short sura. At the end of this rak`a when the imam sits in the Testification of Faith (Tashahhud), the group rises and performs their second rak`a without him (while he remains sitting at the end of his second rak`a waiting for them to reach the same point in their own prayer).  When they catch up with him, he closes the prayer with Salams.

If this prayer is the sunset prayer (maghrib), the first group prays two rak`as following the imam's lead, and the second group follows him in the third rak`a. If it is a prayer with four rak`as, then each group follows the imam for two rak`as. The imam may also divide the Muslim force into four groups and have each group pray one rak`a behind him.

@F16.3

When the enemy is visible in the direction of prayer (qibla) and the Muslims are numerous, the imam arranges them in two or more rows, opens the group prayer with "Allahu akbar," and (O: after reciting the Faitha with all of them) he bows and straightens up with everyone following his lead. Then he prostrates together with the row nearest him, while the other row remains standing. When the imam and his row stand after their second prostration, the other row performs its own prostrations and rises to catch up with the imam and his row, who have remained standing waiting for them.

In the second rak`a all bow and straighten up together, but when the imam prostrates, the second row, who remained standing on guard before, prostrate with him while the row nearest him remain standing on guard. When those who have prostrated with the imam sit back (O: after their prostration, for the Testification of Faith (Tashahhud) ) then the row nearest him (O: who have been standing on guard) prostrate (O: and catch up with the others in the Testification of Faith (Tashahhud) ).

@F16.4

It is recommended to remain armed during the prayer of peril.

@F16.5

When the peril is great, in actual combat, Muslims may pray walking or riding, facing the direction of prayer (qibla) or not, in a group or singly, and nodding in place of bowing and prostration when they are unable to perform them, nodding more deeply for prostration than for bowing. If forced to strike blow after blow during the prayer, this is permissible. Shouting is not.

*2*Chapter F17.0: Unlawful Clothing and Jewelry

@F17.1

(A: It is offensive for men to wear tight clothing that discloses the size of the parts of their body which are nakedness (def: f5.3), and this is unlawful for women.)

@F17.2

It is unlawful for men to wear silk or use it in any way, even to line clothing, though it is permissible to use it as padding in a cloak, pillow, or mattress.

@F17.3

Women may wear and use silk, and it is permissible for a guardian to dress a child in it before puberty.

@F17.4

It is permissible for men to use fabric composed partly of silk as long as the weight of the silk is half or less of the weight of the fabric; to embroider with silk thread where (O: the width of) the design does not exceed four fingers (O: though the length does not matter); to have a silk fringe on a garment; or a silk collar; or to cover a silk mattress with a handkerchief or the like and sit on it.

It is also permissible for men to use silk when there is need to in severe heat or cold, to clothe their nakedness with it for the prayer when there is nothing else, or to use it when suffering from itching or for protection from lice. (O: The upshot is that when there is real need for it, one may use it.

Otherwise, it is an enormity (def: c2.5(2) ).  Imam Ghazali attributes its prohibition to its effeminacy and softness, which are unbecoming of men.)

@F17.5

It is permissible to wear a garment affected by something impure (najasa, def: e14.1) when not in prayer (O: or other activities requiring purity, provided one is not in a mosque. As for wearing such a garment in a mosque, one may not, since it is not permissible to carry something impure into the mosque when there is not some need, such as having to take one's shoes inside).

It is unlawful to wear leather taken from the carcass of an unslaughtered animal (n: before tanning, as at e 14.6) except when there is pressing need, such as in the event of a sudden outbreak of war (A: when there is nothing else) and the like.

@F17.6

It is unlawful for men to wear gold jewelry, even the teeth of a ring's setting that holds its stone. (O: Unlike silk, there is no difference for the prohibition of gold between small and large amounts.) Nor may men wear objects painted or plated with gold, though if these tarnish so that the gold is no longer apparent, then they are permissible.

@F17.7

It is permissible to repair teeth with gold.

@F17.8

It is unlawful (A: for both sexes) to wear a silver ring (A: the sunna for men being to do so on the little finger, of either hand), and (A: for men) to decorate battle weapons with silver, but not ridding gear such as saddles and the like, nor an inkwell, writing utensil case, work knife, penknife, or lamp fixture-even if in a mosque- nor to have silver jewelry other than rings, such as a necklace, armband, bracelet (O: because these resemble the habits of women and it is unlawful for men to imitate women), or a crown.

It is not permissible to use silver (A: or gold) to embellish the ceiling or walls of a house or mosque (O: even those of the Kaaba, because it is wasteful, and no one has reported that the early Muslims did so), though if the amount is so slight that none could be melted off by applying fire, then it may remain. If more that that, then not (O: i.e. it must be removed) >

@F17.9

(O: It is offensive to use cloth for interior decoration in houses (A: meaning that if curtains and the like are used merely for decoration, it is offensive, though there is nothing wrong with using them to screen a room from view), even for shrines at the tombs of the righteous and learned. It is unlawful to decorate walls with pictures (n: of animate life, as at p44). )

@F17.10

It is permissible for both men and women to decorate copies of the Koran and to embellish writing with silver (O: out of reverence for it).  It is permissible for women to have copies of the Koran decorated with gold, but this is unlawful for men.

@F17.11

All gold jewelry is permissible for women, even on shoes and woven into fabric, provided it is not wasteful. But if a woman is wasteful, such as when she has a 720-gram anklet of gold (O:meaning that it (N: i.e. the weight of a piece, though there is no limit to the number of average -weight pieces) exceeds the customary), then it is unlawful (O: since gold is only permitted to women for the sake of beauty, and when gold exceeds what is normal it is repulsive and devoid of beauty. (A: and zakat must be paid on such wasteful jewelry (n: as opposed to jewelry that is not wasteful, on which no zakat is due (dis: h4.4) ) ) ).

*2*Chapter F18.0: The Friday Prayer (Jumu`a)

@F18.1

(O: Attending the Friday prayer is personally obligatory. It is the finest of prayers, and its day, Friday, is the best day of the week. Its integrals and conditions are the same as other prayers (def: F9.13-14). )

@F18.2

Anyone obliged to pray the noon prayer (zuhr) is obliged to pray the Friday prayer (jumu`a), except for women and for travellers on a trip that is not disobedience (def: f15.5), even if the trip is less that 81 km/50 mi. one way (n: though one's departure for the journey must have taken place before dawn on Friday, as at f18.6).

Valid excuses for not attending group prayer (def: f12.5), such as illness or taking care of a sick person, excuse one from attending the Friday prayer (jumu`a).

@F18.3

Eligible Muslims living in a village where there are not forty men (n: the minimum required for a valid Friday prayer, as at f18.7(e) ) must go to a larger town for the Friday prayer, when the two places are close enough that the call to prayer (adhan) from the larger town is audible to them under normal circumstances, given a calm wind and no interference. Audible means that the call of a man with a loud voice standing in the larger town on the side facing the village could be heard by a man with normal hearing standing on the side of the village facing the town. If such a a call would be inaudible, then the villagers are not obliged to go to pray the Friday prayer (A: but merely pray the noon prayer (zuhr) ).

@F18.4

A Muslim present at the mosque who is not obliged to pray the Friday prayer may leave (A: instead participating in it, such as a traveller merely wanting to pray the noon prayer (zuhr) and go), except for the following, who must pray the Friday prayer:

-1- someone with an illness for whom waiting for the Friday prayer poses no hardship, provided that he has arrived after its time has begun (O: namely noon, for if he arrives before this, or if waiting is a hardship, then he may leave);

-2- someone who is blind;

-3- or someone whose excuse is muddy terrain (dis: f12.5(2) ).

Those present at the mosque who are not obliged to pray the Friday prayer (A: other than the above mentioned) may choose between performing the Friday prayer and the noon prayer, (zuhr) (O: even when the fact that they are present eliminates their excuse).  If they want to perform the noon prayer (zuhr) in a group(O;as is sunna) and their excuse from the friday prayer is not obvious to onlookers, then they should conceal their group prayer rather than that display it. (O: which would be offensive under the circumstances).

If a person is not obliged to perform the Friday prayer, but believes the reason for his excuse may disappear, such as sick person (A: hoping to recover before the prayer ends), then he should postpone his noon prayer (zuhr) until he can no longer hope to attend the Friday prayer. But if one's excuse from the obligation of attending the Friday prayer is not expected to cease, such as being a woman, then it is recommended to pray the noon prayer (zuhr) at the first of its time.

@F18.5

The noon prayer (zuhr) of someone obliged to perform the Friday prayer is not valid until he has missed the Friday prayer (A: by its having finished without his having attended).

-1- there is a place on his route where the Friday prayer will take place:

-2- or he is going to travel with a group (O: of people not obliged to pray the Friday prayer) who are departing, such that his staying behind would entail harm for him.

@F18.7

In addition to the usual conditions for the prayer (def: f9.13), a valid Friday prayer (jumu`a) also requires:

(a) that it be a group prayer;

(b) that it take place during the time of noon prayer(zuhr);

(c) that it follow two sermons (khutba, def: f18.9);

(d) that its site be located among the dwellings of the community;

(e) that there be a minimum of forty participants who are male, have reached puberty, are sane, and are local residents, meaning they live there and do not leave except when they need to (n: though the minimum according to Abu Hanifa is three participants besides the imam (al-Lubab fi sharh al-Kitab (y88), 1.111) );

(f) and that, in places where it is no hardship for everyone to pray at one location, there be no other Friday prayer prior to or simultaneous with it (O: i.e. in the opening Allahu Akbar of the prayer (dis: below) ).

The imam is counted as one of the forty ((e) above).

A group performing the Friday prayer must finish it as a noon prayer (zuhr) if:

-1- (non-(e) above) the number of participants diminishes during it to less than forty;

-2- or (non-(b) ) if its time ends during the prayer (O: with the coming of the midafternoon prayer's time).  If the group has doubts before starting the Friday prayer that they will be able to finish it within its time, then they must begin it as a noon prayer (zuhr).

@F18.8

In places where having everyone assemble in one location is a hardship, as in Cairo or Baghdad, it is valid to hold as many Friday prayers as are needed. In places where it poses no hardship, such as Mecca or Medina, if two Friday prayers are held, the first of them (A: to open with "Allahu akbar") is the Friday prayer, and the second is invalid (A: and must be reprayed as a noon prayer).  If two are held in such a place and it is not clear which was first, they should start over together as one Friday prayer.

THE SERMON (KHUTBA)

@F18.9

The integrals of the sermon (khutba) are five (O: and their order is sunna) (n: (a), (b), and (c) below are required in each of the two sermons, while (d) may be in either, and (e) must occur in the second, as mentioned below) :

(a) saying "al-Hamdu lillah" (praise be to Allah), this particular utterance being prescribed;

(b) the Blessings on the Prophet (Allah bless him and give him peace), which is also a prescribed utterance;

(c) enjoining godfearingness (taqwa), for which a particular expression is not prescribed, it being sufficient to say "Obey Allah";

(the above (O: integrals (a), (b), and (c) ) are obligatory in each of the two sermons)

(d) reciting one verse of the Koran (O: that conveys an intended meaning, such as a promise, threat, exhortation, or similar) in at least one of the two sermons;

(e) and to supplicate for believers (O: male and female) in the second of the two sermons (O: which must be for their hereafter, as supplications of this world alone do not fulfill the integral).

(n: The following sermon, added her by the translator from the commentary at m2, has been related by two chains of transmission, one ascribing it to Ibn Mas`ud, and the other through him to the Prophet (Allah bless him and give him peace) :

"Praise is truly Allah's. We praise Him, seek His help, and ask His forgiveness. We seek refuge in Allah from the evils of our selves and our bad actions. Whomever Allah guides none can lead astray, and whomever He leads astray has no one to guide him. I testify that there is no god but Allah alone, without any partner, and that Muhammad is His slave and messenger. Allah bless him and give him peace, with his folk and Companions. O you who believe: fear Allah s He should be feared, and do not die other than as Muslims.

"`O people, fear your Lord who created you from one soul and created its mate from it, and spread forth from them may men and women. And be mindful of your duty to Allah, by whom you ask of one another, and to the wombs (that bore you), for verily, Allah is vigilant over you'" (Koran 4:1).

(n: This sermon fulfills conditions (a), (b), (c), and (d) above (A: and the rest of the sermon may be in any language), and after sitting briefly, one rises and says, "al-Hamdu lillah," the Blessings on the Prophet (Allah bless him and give him peace), enjoins the people to fear Allah, and must add a supplication for the Muslims ((e) above), such as saying, "O Allah, forgive the believers" (Ar. Allahumma-ghfir lil-mu'minin wal-mu'minat). )

@F18.10

The conditions of the two sermons are:

(a) that the speaker be in a state of purity (O: from minor (def: e7) and major (e10) ritual impurity and from filth (najasa, e14.1) );

(b) that his nakedness be clothed;

(c) that the two sermons occur during the noon prayer's time (zuhr) before performing the two rak`as of the Friday prayer;

(d) that the speaker be standing during them (O: if able);

(e) that he sit down between the two;

(f) and that his voice be loud enough for the forty required participants (def: f18.7(e) ) to hear (O: the sermons' integrals).

@F18.11

The sunnas of the sermon include:

-1- that the speaker stand on a pulpit (minbar) or high place (O: and that it be to the right of the prayer niche (mihrab) and that the speaker stand on the right side of the pulpit);

-2- that he say "as-Salamu `alaykum" to those present when he enters the mosque and (O: again) when he ascends the pulpit (O: and reaches his seat there);

-3- that he sit until the muezzin has finished (A: the second (dis: w28.2) call to prayer (adhan) );

-4- that when speaking, he lean on a sword, bow, or stick (O: which is in his left hand. It is

desirable for him to put his other hand on the pulpit. If he does not have a sword or the like, he keeps his hands still be placing the right upon the left, or dropping them to his sides. He does not move them or fidget with one, as the aim is stillness and humility);

-5- and that he face the group during both sermons (O: and not turn to the right or left during them, for it is a reprehensible innovation. It is desirable for the listeners to face the speaker).

DESCRIPTION OF THE FRIDAY PRAYER

@F18.12

The Friday prayer (jumu`a) consists of two rak`as. It is sunna for the imam to recite al-Jumu`a (Koran 62) in the first rak`a (A: meaning the entire sura, the sunna being to make the sermon brief and the rak`as long, though wisdom must be used in deciding how much those present will accept) and al-Munafiqun (Koran 63) in the second rak`a (O: following the sunna from a hadith reported by Muslim, who also reported that the Prophet (Allah bless him and give him peace) sometimes recited al-A`la (Koran 87) in the first rak`a of the Friday prayer and al-Ghashiya (Koran 88) in the second).

@F18.13

A latecomer who joins the group prayer in time to bow and remain motionless a moment therein while the imam is still bowing in the second rak`a is legally considered to have attended the Friday prayer (A: though such a person must rise after the imam has finished with Salams to pray the rak`a he missed).  If the latecomer joins the group after this point, he has missed the Friday prayer, but (O: obligatorily) intends performing the Friday prayer anyway and follows the imam (O: in case the imam has omitted an integral and has to repeat a rak`a, in which event the latecomer will have attended the Friday prayer).  (N: But if this does not happen, then) when the imam finishes with Salams, the latecomer rises and completes his prayer as a noon prayer (zuhr).

RECOMMENDED MEASURES FOR THOSE ATTENDING THE FRIDAY PRAYER

@F18.14

It is recommended to perform a purificatory bath (ghusl) (O: and offensive not to) before going to the Friday prayer, though it may be performed anytime after dawn. If one is unable to bathe, one may perform the dry ablution (tayammum).

It is also recommended to clean the teeth with a toothstick (siwak, def: e3), trim the nails, remove (O: bodily) hair, eliminate offensive odors, wear perfume and one's finest clothes (white being the best), and for the imam to dress better than anyone else. (A: Because of the time taken by these measures, it is offensive to visit others on Friday mornings.)

It is offensive for women who attend the Friday prayer to wear perfume or fine clothes.

It is recommended:

-1- to arrive early (O: which is recommended for everyone besides the imam, so as to take a seat and wait for the prayer), the best time being from dawn on;

-2- to come on foot in tranquility and dignity, and not to ride to the mosque unless there is an excuse (O:such as old age, weakness, or being so far from the mosque that the fatigue of walking would obviate one's humility and presence of mind in the prayer);

-3- to sit near to the imam;

-4- and to invoke Allah (dhikr) (O: both on the way and at the mosque before the sermon), and to recite the Koran and invoke Blessings (O: on the Prophet (Allah bless him and give him peace) ).

@F18.15

It is offensive (O: for anyone but the imam, when there is no need) to step over people to reach a place among them, unless one sees a vacant spot that cannot be reached otherwise. It is unlawful to make someone sitting in the mosque rise and then sit in his place, though if someone voluntarily rises it is permissible (O: for another to sit there).

@F18.16

It is offensive to give another person one's place in the front row, in closeness to the imam, or to put others ahead of oneself in performing any act of worship (O: as is proved by the rigorously authenticated (sahih) hadith,

"People keep staying behind until Allah keeps them behind."

As for Allah's saying,

"...preferring others to themselves, though poverty be their lot" (Koran 59:9),

it refers to things that relate to the physical self, such as feeding a hungry person when one needs the food, in which case preferring another to one self is desirable, without a doubt).

It is permissible to send someone to the mosque to save a place for oneself there by spreading something out (O: such as a rug, for no one else may pray on it), though it is permissible for another to move it aside and sit down in its place.

@F18.17

It is offensive, though not unlawful, for someone sitting in the mosque to speak or to rise and perform the prayer while the imam is giving the sermon (khutba).  (O: The more reliable position is that prayer is unlawful during the sermon (N: for the person already sitting in the mosque, as opposed to someone who has just arrived, as next discussed). )

A latecomer who arrives (O: when the imam is speaking or seated on the pulpit) should pray two brief rak`as to greet the mosque (O: if the prayer is being held in a mosque. If held elsewhere, one should intend them as the two rak`as that are sunna before the Friday prayer, though if one has already prayed these at home, one should simply sit down without praying.

It is offensive for a latecomer to simply omit the two rak`as of greeting the mosque, though if one enters the mosque at the end of the imam's sermon and believes that praying them will prevent one's participating in the opening Allahu Akbar with the group, then one should remain standing until they rise and incorporate one's greeting the mosque into the obligatory prayer (dis: f10.10) ).

@F18.18

It is recommended to recite al-Kahf (Koran 18) and invoke Blessings on the Prophet (Allah bless

him and give him peace) on the night before Friday and during its day.

@F18.19

It is recommended to supplicate Allah much on Fridays, seeking the moment when prayers are answered (O: in view of the hadith related by Bukhari and Muslim, "There is a moment on Friday when the slave shall not ask Allah for anything save that He will give it to him"), which lies between the time the imam first sits on the pulpit and when the prayer finishes. (A: Others hold that the moment occurs after the midafternoon prayer (`asr). )

*2*Chapter F19.0: The Prayer on the Two `Eids

@(N: Meaning `Eid al-Fitr at the end of Ramadan, and `Eid al-Adha on 10 Dhul Hijja.)

@F19.1

The prayer on the two `Eids is a confirmed sunna (def: c4.1) and is recommended to be prayed in a group.

Its time begins at sunrise, and it is recommended to take place after the sun is a spear's length (def: F13.2(1) ) above the horizon (O: the time for its current performance continuing) until noon.

@F19.2

It is best to perform it in the mosque if there is room, though if there is not, then it is better to hold it outdoors.

RECOMMENDED MEASURES FOR THE `EID PRAYER

@F19.3

It is recommended not to eat anything on `Eid al-Adha until one performs the prayer, though one should eat an odd number of dates before the prayer on `Eid al-Fitr.

@F19.4

It is recommended to perform the purificatory bath (ghusl) after dawn, even if one does not attend the prayer, though it may be performed from midnight on. It is recommended to wear perfume, dress one's best, for young boys to come in their good clothes, and for women who do not attract men's attention to attend, though without wearing perfume or fine clothes. It is offensive for an attractive woman to attend (dis: f12.4(N:) ).

It is sunna:

-1- to come early after the dawn prayer (subh) on foot;

-2- to return home by a different route (N: than one came);

-3- for the imam to delay his arrival until the time of the prayer;

-4- and to call the people to prayer with the words "The prayer is gathering," as one also does for the eclipse prayer (def: f20) and the drought prayer (f21).

DESCRIPTION OF THE `EID PRAYER

@F19.5

The `Eid prayer consists of two rak`as.

(A: In addition to the opening Allahu Akbar,) one says "Allahu akbar " seven times in the first rak`a after the Opening Supplication (Istiftah, def: f8.13) and before saying "I take refuge, etc." (Ta'awwudh, F8.16); and five times in the second rak`a, not counting the Allahu Akbar for rising from prostration, before saying the Ta`awwudh.

One raises one's hands (f8.12) each time one says "Allahu akbar."

One invokes Allah Most High (N: to oneself) between each Allahu Akbar (O: saying "Glory be to Allah, praise be to Allah, there is no god but Allah, Allah is greatest"), placing the right hand upon the left (A: each time one says this invocation). 

Missing or adding repetitions of "Allahu akbar" does not necessitate a forgetfulness prostration at the end of one's prayer. If one forgets them and proceeds directly to the Ta`awwudh, one does not return to them.

@F19.6

It is recommended to recite Qaf (Koran 50) in the first rak`a and al-Qamar (Koran 54) in the second. Or if one wishes, one way recite al-A`la (Koran 87) in the first rak`a and al-Ghashiya (Koran 88) in the second. (A: Or one may recite al-Kafirun (Koran 109) in the first rak`a and al-Ikhlas (Koran 112) in the second.)

@F19.7

After the two rak`as, the imam gives two sermons (khutba) like those of the Friday prayer (O: in the integrals (def: f18.9), not conditions (n: which here exclude f18.10(c,d,e) ) ).

It is recommended to open the first sermon by saying "Allahu akbar" nine times and to open the second by saying it seven times. It is permissible for the imam to sit during the sermons.

@F19.8

There are two types of Allahu Akbars (A: said for the `Eids), unrestricted and restricted.

The unrestricted, meaning those not confined to a particular circumstance but rather recited in mosques, homes, and the street, are sunna to recite from sunset on the night before each `Eid until the imam commences the `Eid prayer with the opening Allahu Akbar.

The restricted, meaning those recited after prayers (O: whether the five prescribed prayers or the nonobligatory), are sunna for `Eid al-Adha only, from the noon prayer (zuhr) on `Eid day until the dawn prayer (Subh) on the last of the three days that follow it, which is the fourth day of the `Eid. (N: The more reliable position is that the time for them begins from dawn of the Day of `Arafa (n: 9 Dhul Hijja) and ends at the midafternoon prayer (`asr) on the last of the three days that follow `Eid al-Adha.) They are recited (O: by men, by women (who say them to themselves), by both nontravellers and travellers, and whether one is praying by oneself or in a group) after the current prescribed prayers or making up prescribed prayers missed during the `Eid or before, and after prayers performed to fulfill a vow, funeral prayers (janaza), and supererogatory prayers. If one misses a prayer during the `Eid but does not make it up until after the `Eid, then one does not recite "Allahu Akbar" after it.

One says, "Allahu akbar, Allahu akbar, Allahu akbar" (N: and then, "there is no god but Allah. Allahu akbar, Allahu akbar, praise be to Allah").  It is commendable to add, as people are accustomed to. "Allah is ever greatest, etc." (O: namely: "Much praise be to Allah. Glory to Him morning an evening. There is no god but Allah. Him alone we worship, making our religion sincerely His though the unbelivers be averse. There is no god but Allah alone. He fulfilled His promise, gave victory to His slave, strengthened His army, and vanquished Confederates alone.

There is no god but Allah. Allah is ever greatest")

@F19.9

It is recommended to say "Allahu akbar" on the first ten days of Dhul Hijja whenever one sees a head of livestock (O: out of reverence for its Creator).

*2*Chapter F20.0: The Eclipse Prayer

@(O: Eclipse refers to both that of the moon and sun.)

@F20.1

The eclipse prayer is a confirmed sunna (def: c4.1) (O: and missing it is not permissible, but rather is offensive).

@F20.2

(O: Like the drought prayer, it has no call to prayer (adhan) (n: besides that mentioned at F19.4(4) ). )

@F20.3

It is recommended to be performed in a group at the mosque.

It is recommended for women without attractive figures to attend (O: in their household clothes, that is, women advanced in years and the like. As for women who have attractive figures, it is desirable for them to perform it in their homes (dis: f12.4(N:) ) ).

DESCRIPTION OF THE ECLIPSE PRAYER

@F20.4

The eclipse prayer consists of two rak'as. The minimum is:

(a) to open with "Allahu akbar";

(b) to recite the Fatiha;

(c) to bow;

(d) to straighten up;

(e) to recite the Fatiha again;

(f) to bow again;

(g) to (O: straighten up and)  remain motionless a moment;

(h) and to prostrate, then sit up, and then prostrate again.

This is one rak'a. comprising standing twice, reciting (O: the Fatiha) twice, and bowing twice.

One then prays the second rak'a like the first.

It is not permissible to lengthen the amount of time one stands or bows merely because eclipse has not yet passed, or to shorten the rak'as to less (O: than the above way after having intended it) because the eclipse has passed.

@F20.5

The optimal way is that after reciting the Opening Supplication (Isiftah, de: f8.13), the Ta'awwudh (f8.16), and the Fatiha, one:

(a) recite al-Baqara (Koran 2) for the first Koran recital;

(b) recite Al 'Imran (Koran 3) after the second time one recites the Fatiha (A: in the first rak'a);

(A: then, in the second rak'a)

(c) recite al-Nisa (Koran 4) for the third recital;

(d) and recite al-Ma'ida (Koran 5) for the fourth recital.

Or one may recite comparable amounts of the Koran in place of the above suras.

One bows and says "Subhana Rabbiya al-`Adhim' ("How far above any limitation is my Lord Most Great") after the first of the four Koran recitals for a period equal to reciting one hundred verses of al-Baqara (N: about 20 minutes); after the second recital for the length of eighty of its verses;after the third for the length of seventy verses; and after the fourth for the length of fifty verses. The other parts of the eclipse prayer are the same as other prayers.

@F20.6

After praying, it is recommended that the imam give two sermons like those of the Friday prayer (O: in integrals (def:f18.9) and conditions (f18.10), except that here the sermons follow the prayer, as opposed to those of the Friday prayer, which precede it).

@F20.7

One may no longer perform the eclipse prayer if one has not yet begun it when the eclipse passes, when the sun sets while still eclipsed, or when the sun rises while the moon is still eclipsed. But if one has begun the prayer and the eclipse passes or the sun sets while still in eclipse, one nevertheless completes the prayer.

*2*Chapter F21.0: The Drought Prayer

@F21.1

The drought prayer is a confirmed sunna (def: c4.1) (O: even for someone travelling, or praying alone), and is recommended to be prayed in a group.

@F21.2

When the land is parched or the water supply is cut off or diminished, the imam (A: i.e. the caliph (def: o25) or his representative) warns people against wrongdoing and orders them to repent for their sins, give charity (O: because this influences the acceptance of prayers), settle their differences with enemies (O: if the enmity is not for Allah's sake. Otherwise, it is not objectionable, for servering ties with the corrupt is something that one should do), and fast for three days (O: which must be consecutive, for this is obligatory if the caliph orders it).  Then, on the fourth day while still fasting, they come out to an empty expanse (lit. "desert") in their work clothes, accompanied by those of the women who do not have attractive figures (dis:f12.4(N:) ).  livestock, men and women advanced in years, infants and small children, the pious, and those related to the Messenger of Allah (Allah bless him and give him peace); and they ask Allah to give them rain because of those present (O: i.e. by virtue of their spiritual grace (baraka), interceding through them).  Each mentions to himself the good works he has done and intercedes through them.

Non-Muslim subjects of the Islamic state who attend are not hindered from doing so, but may not mix with us.

DESCRIPTION OF THE DROUGHT PRAYER

@F21.3

The drought prayer consists of two rak'as like those of the 'Eid (def: f19.5).

The imam then gives two sermons like those of the `Eid, except that in place of each Allahu akbar (f19.7), the imam says, "I ask forgiveness of Allah Most Great, whom there is no god but He, the Living, the Ever Subsistent, and I turn to Him in repentance."

During the sermons, the imam frequently asks Allah's forgiveness (istighfar), blesses the Prophet (Allah bless him and give him peace), supplicates Allah, and recites the verses, "Ask forgiveness of your Lord - verily He is soft-forgiving - and He will loose the sky upon you in torrents, aid you with wealth and sons, and make gardens and rivers yours" (Koran 71:10-12).

In the second sermon (O: about a third of the way through it) the imam turns toward the direction of prayer (qibla) and switches his cloak around (O: by putting the right side of it on his left and vice versa.

It is also sunna to turn it upside down. Both sunnas can be effected by putting the lower left corner on the right shoulder and lower right corner on the left shoulder. The wisdom therein is the favorable portent of a change of state).  The people do likewise.

He should supplicate to his atmost, both to himself and aloud. (O: Those present raise their hands with the backs of the hands up. The sunna supplication is: "O Allah, send us rain, raining wholesomely, healthily, torrentially, widespread, pouringly, in sheets,drenchingly, continuously till Judgement Day. O Allah, give us rain and make us not of those who despair. Allah, servants and cities are in distress, hunger, and want, from which we can ask none but You for relief. O Allah, make the crops grow and the milk of the livestock flow, and send down the sky's blessings upon us and bring forth for us the blessings of the earth. Raise from us the affliction that none but You can lift.")

If they pray but are not given any rain, they repeat the prayer (O: until given rain).  If they prepare (O: and gather), but are given rain before the prayer, they pray in thanks and ask for more.

@F21.4

It is recommended for those whose land is flourishing to supplicate after prayers for those whose land is parched. (O: This being the middle course. The minimum is to make a supplication, while the optimum is to take the above measures of performing two rak'as with the two sermons, the supplications, and asking for forgiveness.)

@F21.5

At the first rainfall of the year, it is recommended to uncover part of the body for the rain to strike.

@F21.6

It is recommended to glorify Allah when thunder is heard (O: saying, "Glory to Him the thunder and the angels glorify, in awe of Him,") and when lightening is seen (O: saying, "Glory to Him who shows you the lightening that you may have fear and hope").

@F21.7

If it rains so much that harm is feared, it is recommended to supplicate as has come in the sunna:

"O Allah, around us, not upon us. O Allah upon the hills and bluffs, the valley floors and copses of trees."

*1*BOOK G: THE FUNERA; PRAYER (JANAZA)

@CONTENTS:

Visiting the Sick and Dying g1.0

Remembering Death Is Recommended g1.1

Instructing the Dying g1.5

Immediate Measures After Death g1.6

Washing the Deceased, Etc., Is Communally Obligatory g1.9

Washing the Body g2.0

Who Should Wash the Body g2.2

How to Wash the Body g2.6

Recommended measures g2.8

At minimum g2.10

If anything exits from body after washing g2.10

Shrouding the Body g3.0

The Shroud g3.2

At minimum g3.2

Recommended Measures g3.3

Dying When in Ihram for Hajj g3.4

Preparing a Shroud for Oneself g3.5

The Prayer Over the Dead g4.0

Where Performed g4.2

Who Should Lead the prayer g4.3

Placement of the Body for the Prayer g4.3

Description of the Funeral Prayer g4.6

What Is Said Therein g4.8

After the first Allahu akbar g4.8

After the second Allahu akbar g4.9

After the third Allahu akbar g4.10

After the fourth Allahu akbar g4.12

Integrals of the Prayer g4.13

Conditions for Validity g4.14

Latecomers to a Funeral Prayer g4.15

Repeating the Funeral Prayer g4.17

Praying Over the Absent Dead g4.18

Burying Martyrs g4.20

Burying the Stillborn g4.21

Carrying the Deceased to the Grave g4.22

Burial g5.0

Where the Deceased Is Buried g5.1

Digging the Grave g5.2

Burying the Body g5.3

Who should bury it g5.3

How to place the body in the grave g5.4

What is said g5.4

Obligatoriness of burying the body facing Mecca g5.4

What is said after burial g5.6

The Finished Grave g5.7

Recommended measures g5.7

Things offensive for graves g5.7

Visiting Graves g5.8

Consoling Next of Kin g6.0

Recommended g6.1

What Is Said g6.2

Weeping Permissible g6.3

Eulogies, Lamentations, Etc., Unlawful g6.4

Preparing Food for Next of Kin g6.5

*2*Chapter G1.0: Visiting the Sick and Dying

@G1.1 It is recommended for everyone to frequently remember death, particularly if one is ill, and to prepare for it by repenting (def:p77) (O: because of the hadith.

"Remember often the Ender of Pleasures,"

meaning death, a hadith related by Tirmidhi, Ibn Hibban, and Hakim, the latter two classifying it as rigorously authenticated (sahih).  Nasa'i's version has the addition.

"for truly, it is not remembered in a plentitude save it diminishes it, and not remembered in a dearth save it increases it,"

"plentitude" meaning of wives and this-worldly goods, and "dearth" meaning of spiritual works).

@G1.2

It is recommended to visit the ill, even if the malady is only sore eyes, whether the person is a friend or enemy. If the sick person is a non-Muslim subject of the Islamic state (dhimmi, def;o11) then if he is a relative or neighbor, visiting him is recommended. If not, visiting him is merely permissible.

@G1.3

It is offensive to sit lengthily with a sick person. It is recommended not to continuously visit (O: but only from time to time) unless one is a relative or similar person (O: of his friends) whom the sick person is fond of, or someone (O: of the righteous) from whose presence others derive spiritual blessing (baraka), for any of whom visiting the sick person is recommended at any time as long as there is no objection (O: by the sick person to long visits).

@G1.4

If the visitor has hopes that the patient will survive, he supplicates for him (O: saying, "O Allah, Lord of Men, remove the harm and heal- for You are the Healer besides whom there is no other-with a cure that will not leave behind pain or sickness,') and then leaves. But if the visitor sees little hope of a recovery, he should encourage the sick person to repent and to make his bequests (def:L1-3) (O: by telling him, e.g. "You should repent of all your sins so that Allah Most High heals you, for repentance is reason for cures. And you should make some provision for bequests, as it prolongs one's life. A person should make bequests while alive and only die after having done so for there is no one who does not pass on").

INSTRUCTING THE DYING PERSON

@G1.5

If the visitor sees the person is dying, he should make him desirous of Allah's mercy (O: since hope should predominate over fear in this state) and should turn him to face the direction of prayer (qibla) by laying him on his right side, or if impossible, on his left. If this too is impossible, he is laid on his back (O: with his face and feet towards the direction of prayer (qibla) by laying him on his right side, or if impossible, on his back (O: with his face and feet towards the direction of prayer (qibla) by proping up his head a little, feet meaning the bottoms of them).

The visitor should then instruct the dying person to say" There is no god but Allah,"letting him hear it (N: so he can repeat it) but without irritating insistence, and without telling him "Say...." When he says it, then he is let be until he himself speaks of something else.

It is recommended that the person instructing him to say it be neither his heir nor enemy.

IMMEDIATE MEASURES AFTER DEATH

@G1.6

When he dies, it is recommended that the kindliest to him of his unmarriageable kin (mahram) close his eyes. It is recommended:

-1- to close his jaws (O: with a wide bandage tied above his head so his mouth is not left open);

-2- to make his joints flexible (O: by bending the forearm to the upper arm, calf to thigh, thigh to stomach, and then straightening them, and to similarly flex the fingers in order to facilitate washing and shrouding him. If the joints are flexed at this point, they remain flexible, but if not, it becomes impossible afterwards) :

-3- to (O:gently) remove his clothes, and to cover him with a light cloth (O: tucking the edge under his head and feet so they do not become uncovered);

-4- and to place something heavy on his stomach (O: to prevent bloating).

@G1.7

It is recommended to hasten in paying off the debts of the deceased (dis: L4.2-3) or having them waived (n: by creditors).  It is recommended to hurry in implementing his bequests, and in readying him for burial (O: haste being recommended (N: in readying him and burying him) when it is unlikely that the body will rapidly change, but obligatory when this is likely).

@G1.8

When someone dies suddenly (O: or is believed to have died), the body is left until it is certain he is dead (O: by a change in odor or the like).

@G1.9

Washing the dead person, shrouding him, praying over him, carrying him, and burying him are communal obligations (def:c3.2)

*2*Chapter G2.0: Washing the Body

@G2.1

Then the body is washed (O: obligatorily).

WHO SHOULD WASH THE BODY

@G2.2

when the deceased is male, the best suited to wash the body (A: anyone may wash it, but it is not permissible (N: being offensive) for a non-Muslim to wash the body of a Muslim, and non-Muslim relatives are as though nonexistent in the following priority list) is:

-1- the father of the deceased;

-2- the father's father;

-3- the son;

-4- the son's son;

-5- the brother;

-6- the father's brother;

-7- the son of the father's brother;

-8- those named in the sequence given at L10.6(12-14);

-9- men related to the deceased;

-10- men not related to him;

-11- his wife;

-12- and his unmarriageable female relatives (mahram, def:m6.1).

@G2.3

If the deceased is female, the best suited to wash the body is:

-1- one of her female relatives (O: meaning the women of her immediate family, such as her daughter or mother);

-2- other women;

-3- her husband;

-4- and then a member of her unmarriageable male relatives (mahram, def:m6.2) (O: in the above (g2.2) order).

@G2.4

If the deceased is a non-Muslim, then his non-Muslim relatives are better suited to wash him.

@G2.5

It is recommended that the washer be trustworthy (O: so that he can be relied on to wash the deceased completely and so forth. If he notices something good, it is sunna to mention it, but if he notices something bad, it is unlawful to mention it, as this is slander(ghiba, def:r2.2) ).

HOW TO WASH THE BODY

@G2.6

It is obligatory for the washer to keep the nakedness (def:f5.3) of the deceased clothed (f5.4) while washing him.

It is sunna that no one be present except the washer and his assistant. (O: It is preferable that the body be washed while clothed in an anklelength shirt into which the washer inserts his hand from the sleeve if ample enough, while pouring water over the garment and washing the body under it. If the sleeve is not wide enough for this, he tears open the seam from the side under the arm. It is obligatory that the body be covered from naval to knees.) Incense should be burned from the start of washing to the finish (O: as is sunna).

It is best to wash the body under a roof, and best that cold water be used, except when necessary (O: to heat it, such as to clean away filth that could not otherwise be removed, or when the weather is cold, since the deceased suffers from it just as a living person would).

@G2.7

It is unlawful to look at the nakedness of the deceased (def:f5.3) or touch it, except with a cloth (O:or similar, since direct contact without there being something in between is not permissible).  It is recommended not to look at or directly touch the other parts of the body save with a cloth.

@G2.8

It is recommended:

-1- to force out waste from the stomach;

-2- to clean the private parts of filth (O: which is recommended when one is not certain anything has exited from those parts, though if it has, cleaning is obligatory);

-3- to give the body ablution (wudu) (O: like the ablution of a living person, turning the head when rinsing the mouth and nostrils so that no water reaches the stomach);

-4- to make the intention of performing the purificatory bath (ghusl), and then to wash the head, beard, and body each three times with water infused (with sidr(n:i.e. lote tree(Rhamus spina christi) leaves), taking care each time to press the hand on the stomach (N: in a downward stroke) (O: leaning on it to force its contents out, but gently so as not to hurt the deceased. If the hair of the head or beard is matted, it should be gently combed with a wide-toothed comb so as not to pull any out. If hair comes out as a result, the washer should return it and place it in the shroud to be buried with the deceased).

@G2.9

(O: It is sunna:)

-1- that the place of washing be on an incline so the head is highest and the water flows down away from it;

-2- that there be an incense burner present with incense in it;

-3- to put one's right hand on the shoulder of the deceased with the thumb on the nape of his neck so that the head does not

loll, and brace his back up against one's right knee;

-4- to have the helper pour abundant water during the process to obviate offensive odors from waste leaving the body;

-5-  to stroke the stomach firmly and effectively with one's left hand;

-6-  and when finished, to lay the deceased down again on his back with his feet towards the direction of prayer (qibla). )

@G2.10

If the body is not clean after three times, one washes it again, reaching an odd number of washings. (O: If clean after an even number of washings, it is sunna to add another. If clean after an odd number, one does not add any.) It is sunna to add a little camphor to the water, especially for the last washing.

The obligatory minimum for this purificatory bath (ghusl) is that water reach all external parts of the body (O: and it is obligatory to remove any filth (najasa, def: el4.1), if present).  The body should be dried with a cloth afterwards.

If anything leaves the body after washing, only the affected area need be washed. (O: It is not necessary to repeat the ablution (wudu) of bath (ghusl), even if the excretion is from the front or rear private parts.)

*2*Chapter G3.0: Shrouding the Body

@G3.1

Then the body is shrouded (O: obligatorily). 

@G3.2

If the deceased is male it is recommended that he be wrapped in three washed (O; not new) white shrouds, without an ankle-length shirt or turban, each shroud covering the whole body (O: unless the deceased was in a state of pilgrim sanctity (ihram), in which case the head of the male or face of the female must be left uncovered).  It is permissible to add (O: beneath the shrouds) an ankle-length shirt and a turban. It is unlawful to use silk (N: to shroud a man).

If the deceased is a woman it is recommended that she be dressed in a wraparound, headcover, and a shift, and that she be wrapped in two shrouds (O: like those used for men in being white and washed, each of which covers her (O: entire body).  It is offensive for a woman's shroud to be made of silk, or fabric dyed with saffron or safflower.

The obligatory minimum for shrouding a man or woman is to completely cover their nakedness. (O: For a man it is obligatory to cover the navel, the knees, and what lies between them, and for a woman, her entire body.)

@G3.3

It is recommended:

-1- to send the shrouds with incense (O: from aloes and the like)

-2- to sprinkle them with hunut (O: an aromatic compound of camphor, reed perfume, and red and white sandalwood) and camphor;

-3- to place cotton and hunut on the apertures of the body (O: such as the eyes, mouth, nostrils, and ears) and on places that touch the ground in prostration (O: the forehead, nose, palms, bottoms of the feet, and the knees);

-4- and it is commendable to perfume the entire body.

@G3.4

If a person dies while in a state of pilgrim sanctity (Ihram, def:j3), it is unlawful to scent th body, to dress it in a garment with any sewing in it (A: if male), and to cover the head of a male's body or the face of a female's.

@G3.5

It is not recommended to prepare a shroud for oneself, unless to ensure that it comes from a lawful source or from the effects of a virtuous person (O: meaning those who worship much, or religious scholars who apply their knowledge in their lives. In such a case, one may procure it for the blessing therein (tabrruk, di:w31) ).

*2*Chapter G4.0: The Prayer Over the Dead

@G4.1

Then the deceased is prayed over (O: obligatorily).

The obligation is fulfilled if a single Muslim male (O: who has reached the age of discrimination) prays over the deceased. It is not fulfilled by a prayer of women alone when there is a male available, though if there is no one besides women, they are obliged to pray and their prayer fulfills the obligation.

@G4.2

It is recommended to perform the funeral prayer in a group. It is offensive to pray it at a cemetery (O: though not in a mosque, which is preferable).

WHO SHOULD LEAD THE FUNERAL PRAYER

@G4.3

The person best suited to lead the funeral prayer as imam is the one who is best suited to wash the deceased (dis:g2.2) except for women, who have no right to lead (dis:f12.27).  The family member responsible for the deceased is given preference in leading the prayer even over the sultan (O: or imam of the mosque).

The older of two persons (O: meaning more years in Islam, provided he is upright (def:o24.4) ) takes precedence over the more learned in Sacred Law (O: when they are at the same level (n: of the g2.2 precedence order), such as two sons or two brothers, since the purpose is to pray for the deceased, and the supplication of an older person is more likely to be answered) and (n: the older) is given precedence over any others (A: at that level), though if they are of the same age, then one is chosen according to the order used for the imamate of other prayers(def:f12.25).

The responsible family member is given precedence in leading the funeral prayer even when the deceased has stipulated some other nonfamily member to be the imam.

PLACING THE BODY FOR THE FUNERAL PRAYER

@G4.4

It is recommended (N: in the funeral prayer itself, where the deceased, enshrouded, is on a bier in front of the imam and lying on his right side facing the direction of prayer (qibla) ) that the imam stand by the head of the deceased, if male, and by the posterior, if female (O: because this better screens her from view).

@G4.5

If there are several bodies, it is best to perform a separate funeral prayer for each individual, though it is permissible to pray for all of them in a single prayer by putting the biers directly in front of the imam (O: one after another (N: parallel with the rows of worshippers), each body facing the direction of prayer (qibla) ).  The closest body to the imam (O: if the dead differ in gender) should be an adult male, then a boy, then a woman (O: though if all are male, all female, or all boys), then the best Muslim, then the next best (O: in piety, abstinence from this world, godfearingness, and all praiseworthy traits), and so forth.

If bodies are brought successively, the first one brought is placed closest to the imam, even if a prior arrival is less virtuous or is a boy, though not if a female, whose body should be placed further from the imam than that of a male brought subsequently.

DESCRIPTION OF THE FUNERAL PRAYER

@G4.6

Then one intends to perform the prayer, One must keep in mind its obligatory character, though need not explicity intend it as a communal obligation (def: c3.2).  (O: One may confine oneself to merely intending to pray four Allahu akbars over the particular deceased person as an obligatory act, without intending its being in fulfillment of a communal obligation. The intention must coincide with one's opening Allahu akbar.)

It is valid for someone to perform a funeral prayer for a dead person who is absent (dis:g4.18) while following an imam who is praying over a dead person who is present.

@G4.7

One says"Allahu akbar" four times in the funeral prayer, raising one's hands (O: to shoulder level) at each one, and it is recommended between each one to fold the right hand over the left. The funeral prayer is not invalidated by adding a fifth Allahu akbar, even intentionally, though if the imam adds one the follower does not do likewise, but simply waits to finish with him when he says his Salams.

@G4.8

After the first Allahu akbar it is obligatory to recite the Fatiha. It is recommended to say "I take refuge, etc." (Ta'awwudh, def:f8.16) before it and "Ameen" after it, though not to recite the Opening Supplication (Istiftah, f8.13) or a sura therein. (A: It is obligatory that the Fatiha be recited in the funeral prayer and that the other spoken elements be uttered, but as for each occuring after its respective Allahu akbar, the only one which must obligatorily be in its place is the Blessings on the Prophet (Allah bless him and give him peace), which must come after the second Allahu akbar.)

@G4.9

After the second Allahu akbar (N: and one, remains standing throughout the funeral prayer), it is obligatory to say the Blessings on the Prophet (Allah bless him and give him peace), after which it is sunna to supplicate for the believers.(O: It is also sunna to bless the folk of the Prophet after the blessings upon him (Allah bless him and give him peace) and to say "al-Hamdulillah" before it.)

@G4.10

After the third Allahu akbar one supplicates for the deceased. The recommended supplication is:

"O Allah, this is Your slave, and son of Your slave. He has left the zephyr of this world and its spaciousness, in which were the things and people he loved, for the darkness of the grave and that which he will meet. He testified that there is no god but You alone without a partner, and that Muhammad is Your slave and messenger. You know him better than we. O Allah, he has gone to remain with You, and You are the best to remain with. He is now in need of Your mercy, and You have no need to torment him. We come to You in desire for You, interceding for him. O Allah, if he did well, treat him the better, and if he did wrong, disregard it and through Your mercy show him Your good pleasure and protect him from the trial and torment of the grave. Make his grave spacious for him and distance the earth from his sides, and through Your mercy protect him from Your torment until You raise him and send him safely to Your paradise, O Most Merciful of the Merciful." (n: This is the optimal supplication, The minimum is mentioned below at g4.13(f). )

@G4.11

It is commendable to say before the above: "O Allah, forgive those of us who are alive and those who are young head those present and those who are and those who are old, those who are male and those who are female. O Allah, let those of us You give life live by Islam, and let those of us You take back die in a state of faith."

If it is the funeral of a child, one may add to this: "O Allah, send him ahead to smoothe the way for his parents, and make him a reason for reward, a treasure, admonition, reflection, and intercessor. Make the scales of their good deeds heavy through him, and fill their hearts with patience."

@G4.12

After the fourth Allahu akbar, it is sunna to say, "O Allah, do not withhold from us his recompense, nor try us after him, but forgive us and him."

Then one says "as-Salamu 'alaykum" twice (O: the first one being obligatory and the second sunna).

@G4.13

The integrals of the funeral prayer are seven:

(a) the intention;

(b) standing;

(c) saying "Allahu akbar" four times;

(d) the Fatiha;

(e) the Blessings on the Prophet (Allah bless him and give him peace);

(f) the supplication for the deceased, the minimum being "O Allah, forgive this deceased";

(g) and the first of the two times one says "as-Salamu 'alaykum" to finish the prayer.

@G4.14

The conditions of the funeral prayer are the same as other prayers (def:f9.13), but in addition require:

(a) that the deceased's body has been washed before the prayer;

(b) and that the imam and those praying do not stand ahead of the body during the prayer (N: i.e closer to the direction of prayer (qibla) ).

It is offensive to perform the funeral prayer over a body before it has been shrouded. If someone dies under a pile of rubble, and it is impossible to take out the body and wash it (non-(a) above), then he is not prayed over.

@G4.15

A latecomer to the funeral prayer whom the imam has preceded by having already said "Allahu akbar" a number of times recites (O: the Fatiha) after his own opening Allahu akbar, and then says "Allahu akbar" each time the imam does, though he performs the integrals in order from the point at which he began (O: reciting the Fatiha after his first Allahu akbar, the Blessings on the Prophet (Allah bless him and give him peace) after the second, and the supplication for the deceased after his third), and when the imam finishes with Salams, the latecomer goes on to complete his remaining number of times of saying "Allahu akbar" and the other spoken elements, and then finishes with his own Salams.

It is recommended that the body not be lifted until the latecomer finishes his prayer. If the latecomer joins the group with his opening Allahu akbar, and the imam immediately says the (O: second) Allahu akbar (N: before the latecomer has had a chance to recite the Fatiha), then the latecomer (N: omits the Fatiha and)  says "Allahu akbar" with the imam. Here the latecomer has performed the first two Allahu akbars (O: both the second one which he performed with them, and the first one which lacked the Fatiha), and he is no longer obliged to recite the Fatiha. If the imam's Allahu akbar occurs while such a latecomer is reciting the Fatiha, he discontinues it and says "Allahu akbar" with the imam.

If the imam says " Allahu akbar" and the follower does not say it until the imam has said it a second time, it invalidates the follower's prayer.

REPEATING THE FUNERAL PRAYER

@G4.16

When one has performed a funeral prayer over someone, it is recommended that one not repeat it.

@G4.17

Someone who has missed praying (O: a funeral prayer until after the deceased has been buried) may pray it at the grave (O: and such a prayer is legally valid whether the deceased was buried before the funeral prayer had been performed over him, or whether after, though it is unlawful to bury a Muslim before his funeral prayer, and anyone who knows of it is guilty of a sin), but only on condition that the person praying at the grave had reached puberty and was sane on the day the deceased died (O: as he was thus one of those responsible for the communal obligation of praying over the deceased).  Otherwise, he may not pray there.

PRAYING OVER THE DEAD WHO ARE NOT PRESENT

@G4.18

It is permissible to perform the funeral prayer for an absent person whose body is out of town, even if not far (O: and even if the body is not in the direction of prayer (qibla) which the person praying faces (non-(g4.14(b) ) ).  But such a prayer does not lift the communal obligation from the people of the town where the deceased died).

It is not permissible to perform the funeral prayer over someone, who is absent (O: from the place of prayer) when the body is in the same town (A: though this is permissible if it is at the edge of a large city and is a problem to reach).

@G4.19

If part of the body of a person whose death has been verified is found, then it is obligatory to wash, shroud, and pray over it (O: even if the part is a fingernail or hair, as there is no difference between a little and a lot (A: provided that the part was separated from him after death (N: and provided the rest of him has not been prayed over, for if it has, then it is not obligatory to pray over the part) ) ).

BURYING MARTYRS

@G4.20

It is unlawful to wash the body of a martyr (O: even if in a state of major ritual impurity (janaba) or the like) or perform the funeral prayer over him. A martyr (shahid) means someone who died in battle with non-Muslims (O: from fighting them, as opposed to someone who died otherwise, such as a person killed out of oppression when not in battle, or who died from fighting non-polytheists, such as (N: Muslim) transgressors).

It is recommended that war gear be removed from the body (O: such as a breastplate and the like), and it is best to bury the martyr in the rest of his bloodstained clothes (O: since it is the effect of worship), though the responsible family member may nevertheless remove the garments and shroud the body before burial.

BURYING THE STILLBORN

@G4.21

A premature baby (A: meaning one born before six full months) that dies is treated as an adult if it gave a cry (O: sneeze, or cough when it left the mother) or showed movement (O: treated as an adult meaning it is obligatory to wash, shroud, pray over, and bury the baby, since its life and death have been verified).  If it did not, then:

-1- if it had reached four months in the womb (O: which is the time at which the spirit is breathed into it) then it is washed before burial but not prayed over;

-2- but if it had not, it is only obligatory to bury it.

CARRYING THE DECEASED TO THE GRAVE

@G4.22

The burial should take place immediately after the funeral prayer and not be delayed to wait for anyone besides the responsible family member, provided he is (O: reasonably) nearby, if it is not be feared that the condition of the body will change (O: though if this is feared, then the family member is not awaited).

@F4.23

It is best that the bier be carried by its poles, sometimes by four (O: men) (N: one pole on the shoulder of each, the poles being parallel with the bier and supporting it, two ends forward and two ends fat) and sometimes by five, the fifth man between the two forward poles. It is recommended that the bearers walk faster than usual, though they should not trot.

@G4.24

It is recommended for men to follow the bier to the place of burial close enough behind to be considered part of the funeral procession. It is offensive to follow it with fire or incense burners, which are likewise offensive at the burial.

*2*Chapter G5.0: Burial

@G5.1

Then the deceased is buried (O: obligatorily).  It is best to bury him in the cemetery. It is unlawful to bury someone where another person has been buried unless the previous body is completed disintegrated (O: such that nothing of it remains, neither flesh nor bone).  It is also unlawful to bury two people in the same grave unless absolutely necessary, as when there

has been much killing or death, in which case a wall of earth is made between the two bodies as a barrier. If the bodies differ in gender, this is even more imperative, especially, when two people (O: of the same gender or not) are not related.

If someone dies on a ship and it is impossible to bury him on land, the body is placed (O: tightly lashed) between two planks (O: to obviate bloating) and thrown into the sea (O: so that it reaches shore, even if the inhabitants are non-Muslims, since a Muslim might find the body and bury it facing the direction of prayer (qibla) ).

DIGGING THE GRAVE

@G5.2

The obligatory minimum for a grave is that it conceal the odor of the body and that it protect it from (O: being dug up and eaten by) animals.It is recommended to dig the grave wider than the obligatory minimum and that its depth equal the height of an average man with his arm fully extended upward. A lahd (O: i.e. a grave with a lateral hollow large enough for the body dug into the side of the bottom of the grave that is towards the direction of prayer (qibla) ) is superior to a shaqq (O: meaning a simple trench dug down into the middle of the floor of the grave with low block walls raised along the trench's sides, in which the deceased is placed before the walls are ceilinged with blocks (N: and the earth is shovelled back into the grave on top of the them) ), unless the earth is soft, in which case the shaqq is preferable (O: so as not to cave in on the deceased).

It is offensive to bury the deceased in a coffin (O: or to put in a pillow for him, because all of this wastes money without being of any benefit) unless the earth is soft (O: quick to for) or moist (O: in which cases it is not offensive. If otherwise, then even if a coffin was stipulated by the deceased in his will, it is not provided).

BURYING THE BODY

@G5.3

Men should bury the dead, even if the deceased is female, in which case the best suited is the husband, if able, and then (n: for either sex) those listed in the funeral prayer preference order (g4.3), except that (A: when two are on the same level, such as two sons or brothers) the most learned in Sacred Law is preferred to the oldest, unlike the order for the prayer (O: the purpose thereof being knowledge of the rules of burial, which a learned person is likely to know better than others).  It is recommended that the number of men (O: burying the deceased) be an odd number.

@G5.4

It is preferable to conceal it (O: the grave) with a cloth while placing the body in it (N: a blanket is stretched over the grave about half a meter above the level of the ground, helpers holding each corner, while another person stands down in the grave at the foot end, ready to take the body from the bier).  (O: This is especially necessary when burying a female, and is done because something might be disclosed of the deceased that is desirable to conceal.) The head of the deceased is placed near the foot of the grave (O: foot meaning the end which will accomodate the feet when the body is in place), and the body is slid from the bier head-first. It is recommended for the person burying the deceased (N: who is standing in the grave taking the body, and there may be more than one) :

-1- to say (O: to the deceased), "In the name of Allah and according the religion of the Messenger of Allah (Allah bless him

and give him peace) ";

-2- to supplicate Allah for (O: the forgiveness of) the deceased;

-3- to place a block as a pillow for him, and to pull back the shroud enough to lay his cheek directly on the surface of the block (O: as it is more expressive of lowliness);

-4- and to place the deceased upon his right side.

It is obligatory that the body be placed facing the direction of prayer (qibla) (O: and this is absolutely necessary. If buried facing the other way, or lying on his back, he is disinterred and reburied facing the direction of prayer).

@G5.5

The lateral hollow dug into the side of the grave (N: in the lahd (def: g5.2) ) for the body is walled up with blocks (A: after the body has been placed in it, before filling in the grave. It is sunna to use nine blocks).

@G5.6

The person at the graveside sprinkles three scoops of earth (O: using two hands) into the grave. (O: it is sunna to say with the first, "Of it We created you all." with the second, "To it We shall make you all return," and with the third, "And from it We shall bring you forth again" (Koran 20:55). ) Then the grave is filled in, using shovels, after which one stays for a moment:

-1- to instruct the deceased (dis: w32) (N: the answers he will need to know when Munkar and Nakir (u3.3) question him in the grave as to his Lord, religion, and prophet);

-2- to supplicate for him (O: such as to say: "O Allah, make him steadfast. O Allah, teach him his pleas");

-3- and to ask forgiveness for him.

THE FINISHED GRAVE

@G5.7

One should raise the grave's surface (O: up to) 1 span (n: about 23 cm.) above the ground (O: so that it can be known, visited, and respected), except in countries at war with the Muslims (O: where it is not raised but rather concealed, so as not to be meddled with), and to make its top flat is better (O: than mounding it).  No earth should be added (O: when levelling it) to what was excavated from it. It is recommended to sprinkle water over the grave and to put pebbles on it.

It is offensive:

-1- to whiten the grave with plasters

-2- to build (O; a cupola or house) over it;

-3- to put khaluq (O: a perfume) on the grave (O: as it is of no benefit and wastes money) or rose water;

-4- to place an inscription on it (O: whether it is the name of the deceased or something other, on a board at the head of the grave or on something else; unless the deceased is a friend of Allah (wali, def: w33) or religious scholar, in which case his name is written so that he may be visited and honored, it then not being offensive);

-5- or to put a pillow or mattress under the deceased.

VISITING GRAVES

@G5.8

It is recommended for men to visit graves (dis: w34) (O: of Muslims, especially on Fridays. As for visiting graves of non-Muslims, it is merely permissible. The spirit of the dead person has a connection with his grave that is never severed, but is stronger from the midafternoon prayer (`asr) on Thursday until sunrise on Saturday, which is why people often visit graves on Friday and on Thursday afternoon).

There is no harm in wearing one's shoes when visiting (O: to walk between graves).  The visitor walks up to the grave as close as he would if the deceased were alive, and says, "Peace be unto you, abode of a believing folk; Allah willing, we will be joining you."

It is sunna to recite (O: as much of the Koran as is easy) and to supplicate Allah (O: to forgive the deceased, while facing the direction of prayer, as supplications benefit the dead and are more likely to be answered if made after reciting the Koran).  (n: w35 discusses whether the spiritual reward for reciting the Koran may be donated to the deceased.)

@G5.9

It is offensive for women to visit graves (O: because of their lack of fortitude and excessive grief, though this does not apply to visiting the Prophet's tomb (Allah bless him and give him peace) which they should do. And like the Prophet (Allah bless him and give him peace) in this is their visiting the graves of the prophets, righteous, and learned).

*2*Chapter G6.0: Consoling Next of Kin

@G6.1

It is recommended to console all the relatives of the deceased, except young women who are not (O: the consoler's) unmarriageable kin (O: since only her unmarriageable relatives (mahram, def: m6.2) may console her, console meaning to enjoin steadfastness and encourage it by mentioning the reward in the hereafter, to warn against overburdening oneself with grief, and to pray for forgiveness for the deceased and the lightening of the burden of those bearing the misfortune) when there has been a death in the family, for approximately three days after the burial.

It is offensive to sit for it (O: that is, for the extended family of the deceased to be seated and gather in one place for people to come and console them, because it is an innovation (muhdath, syn, bid'a. def. w29.3) that the Prophet (Allah bless him and give him peace) did not do, nor those after him. It is offensive for either men or women).

If one is absent (O: whether one is the consoler or person to be consoled) and then arrives after a period (O: of three days), one should console (N: the deceased's relatives) or be consoled (N: if one of them).

@G6.2

It is recommended to say:

-1- to a Muslim who has lost a Muslim relative, "May Allah greaten your reward, perfect your consolation, and forgive your deceased";

-2- to a Muslim who has lost a non-Muslim relative. "May Allah greaten your reward and perfect your consolation";

-3- and to a non-Muslim who has lost a Muslim relative, "May Allah perfect your consolation and forgive your deceased."

@G6.3

It is permissible to weep before someone dies, but better not to afterwards (O: since the Prophet (Allah bless him and give him peace) wept for his son Ibrahim before his death. It is only considered better not to weep afterwards because it is sorrow for something that has already passed).

@G6.4

It is unlawful to eulogize the dead, lament in a raised voice, slap one's cheeks (n: as a display of grief), rend one's garments, or dishevel one's hair.

@G6.5

It is recommended for distant relatives and neighbors to prepare enough food for the deceased's close family relatives to suffice them for a day and night, and to urge them to eat.

@G6.6

For the deceased's family to prepare food and gather people over it is an unpraiseworthy innovation (bid'a, def:w29.3).

*1*BOOK H: ZAKAT

@CONTENTS:

Who Must Pay Zakat h1.0

Meaning of Zakat h1.0

Who Must Pay h1.1

Non-Muslims not obligated h1.2

Children and the insane h1.3

Paying on Absent Property h1.4

Debts Do Not Remove Obligation h1.6

Types of Property on Which Zakat Is Due h1.7

Zakat Paid from the Kind of Property Itself h1.8

The Zakat Year h1.9

Zakat belongs to the poor by mere passage of a year h1.9

If property is destroyed after the year passes h1.10

If ownership ceases during the year h1.11

The beginning of the zakat year h1.12

Disposing of one's property to avoid zakat h1.12

Disposing of property on which zakat is due h1.12

Zakat on Livestock h2.0

Conditions Under Which Zakat Is Payavle h2.2

Cattle h2.4

Sheep and Goats h2.5

On Numbers Between Zakat Payable Quantities, Etc. h2.6

Type pf Animals payable h2.9

Zakat on Jointly Owned property Etc. h2.15

Zakat on Crops h3.0

Rulings Apply to Farmers Only h3.1

Kinds of Crops on Which Zakat Is Due h3.2

Zakat Due As Soon As Crops Are possessed h3.3

The Zakat Payable Amount of Crops h3.4

Irrigated versus unirrigated crops h3.5

No Repetition of Payment on Crops h3.7

Zakat on Gold, Silver, and Other Money h4.0

Conditions Under Which Zakat Is Payable h4.1

Amounts on Which Zakat Is Due h4.2

Lawful Versus Unlawful Women's Jewelry h4.4

Zakat on Trade Goods h5.0

Conditions Under Which Zakat Is Payable h5.1

Beginning of Zakat Year on Trade Goods h5.2

Estimating Whether Goods Reach Zakatable Minimum h5.3

Turnover and Sale for Cash Do Not Affect Zakatability h5.4

Zakat on profit is paid in same year as on goods h5.5(n:)

Zakat on Mines and Treasure Troves h6.0

Mines h6.1

Treasure Troves h6.2

The Zakat of `Eid al-Fitr h7.0

Conditions for Being Due h7.1

Also Due for One's Dependents h7.2

What Payment Consists Of h7.6

When It Is Due h7.7

Giving Zakat to Deserving Recipients h8.0

Delaying Payment of Zakat Is Unlawful h8.1

Paying Zakat in Advance of Year's End h8.2

Authorizing Another to Distribute One's Zakat h8.3

The Prayer of Recipient for the Giver h8.4

The Intention h8.5

The Eight Categories of Recipients b8.7

The Poor h8.8

Meaning of poor h8.8

Entitlement of students and teachers of Sacred Law h8.8(n:)

Those separated from their money h8.9

Those entitled to other support are not given zakat h8.10

Those Short of Money h8.11

How much the poor, etc, are given h8.12

Zakat Workers h8.13

Those Whose Hearts Are to be Reconciled h8.14

Those Purchasing Their Freedom h8.15

Those in Debt h8.16

Those Fighting for Allah h8.17

Travellers Needing Money h8.18

Distributing Zakat to Recipients h8.19

Those in two categories receive zakat for one h8.19

Recipients place of residence h8.20

Each category receives an equal share h8.21

Recommended to give to relatives h8.22

Needier recipients should receive more 8.23

Unlawful to give zakat to non-Muslims, etc, h8.24

Giving zakat to those who owe one debts h8.25

Distributing the zakat of `Eid al-Fitr h8.26

Voluntary Charity h9.0

Recommended Especially at noble Times and Places h9.1

Better to Give to the Righteous, Relatives, Etc. h9.2

Unlawful for Those in Debt to Give Charity h9.3

Giving Away Everything h9.4

Unlawful to Remind Recipients of Charity Given h9.6

Giving to Those Not In Need, Etc. h9.7

*2*Chapter H1.0: Who Must Pay Zakat

@(Muhammad Shirbini Khatib:) Lexically zakat means growth, blessings an increase in good, purification, or praise. In Sacred Law it is the name for a particular amount of property that must be payed to certain kinds of recipients under the conditions mentioned below. It is called zakat because one's wealth grows through the blessings of giving it and the prayers of those who receive it, and because it purifies its giver of sin and extolls him by testifying to the genuineness of his faith (al-Iqna fi hall alfaz Abi Shuja (y7), 1.183). )

@H1.1

Zakat is obligatory:

(a) for every free Muslim (O: male, female, adult, or child);

(b) who has possessed a zakat-payable amount (Ar.nisab, the minimum that necessitates zakat, def; for livestock h2.4-5; for grain and dried foodstuffs h3.4; for gold, silver, and other money h4.2; and for trade goods h5.1);

(c) for one lunar year.

@H1.2

Non-Muslims are not obliged to pay zakat, nor apostates from Islam (murtadd, def:o8) unless they return to Islam, in which case they must pay for the time they spent out of Islam, though if they die as non-Muslims their property is not subject to zakat(N:because their property is considered to belong to the Muslim common fund (bayt al-mal) from the moment such people leave Islam).

@H1.3 The guardian of a child or insane person is obliged to pay zakat from their property (N: if they owe any).  It is a sin for the guardian not to pay the zakat due on their property, and when the child or insane person becomes legally responsible (O: upon reaching puberty or becoming sane), he is obliged to pay the amount that his guardian neglected to pay (O: of zakat in the past).

@H1.4 Zakat is due from the owner of property that has been:

-1- wrongfully seized from him;

-2- stolen;

-3- lost;

-4- fallen into the sea;

-5- or loaned to someone who is tardy in repayment;

-only if the owner regains possession of it, whereupon he must pay zakat on it for the whole time it was out of his hands (O: for the year or years that no zakat was paid in the absent property, since his having regained it establishes that it belonged to him the whole time, and his ownership of it not vitiated by the mere fact of its not having been in his possession during these years, provided that it has remained a zakat-payable amount (nisab) during them. If it has diminished through expenditure to less than the zakat-payable amount, then no zakat need be paid on it).  If the owner cannot regain the property, there is no zakat on it.

@H1.5

If a landlord rents someone a house for two years for 40 dinars, which he accepts in advance and retains possession of until the end of the two years, then at the end of the first of the two years he only pays zakat on 20 dinars, but at the end of the second year he pays one year's zakat on the 20 which he paid zakat on at the end of the first year (N: as the 20 has now been in his possession a second year) and pays two years' zakat on the 20 for which he did not previously pay zakat (N: as it has remained in his possession for two full years).

@H1.6

Someone with only the zakat-payable amount (O: of gold or silver) must pay zakat on this amount even when he is in debt for  an amount equal to it, for debts do not remove the obligation of zakat.

@H1.7 Zakat is not due on anything besides:

-1- livestock (def: h2.1);

-2- (n: some) food crops (h3.2);

-3- gold and silver (A: or their monetary equivalents);

-4- trade goods;

-5- mined wealth (n: meaning gold or silver exclusively, as at h6.1) :

-6- and wealth from treasure trovers (A: buried in pre-Islamic times).

@H1.8

Zakat is paid from the property itself, though it is permissible to take it from another lot of property (N: on condition that the amount paid is from the same type of property (n: of the five types mentioned above) that the zakat is due on, such that one may not, for example, pay money for zakat due on wheat (n: but must pay wheat. An exception to this is trade goods, which are appraised, and zakat may be paid on them with money, as at h5.1(O:) below) ).

THE ZAKAT YEAR

@H1.9

By the mere fact that a full lunar year transpires (O: i.e. begins and ends while zakat-payable property is in the owner's possession), the poor now own the portion of it that the owner is obliged to pay as zakat. Thus, if someone has had 200 dirhams (n: the minimal zakat-payable amount of silver) in his possession for years without paying zakat, he is only obliged to pay zakat on it for the first year (O: because after that year, the amount owned by the poor (n: 5 dirhams) has diminished the money he possesses to less than the zakat-payable amount).

@H1.10

If all one's property were destroyed after having been in one's possession a full year but before it was possible to pay zakat (O: to deserving recipients), then there is no obligation to pay zakat on it (O: because it was destroyed through no fault of the owner); but if only part of the property has been destroyed, such that this diminishes the rest to less than the zakat-payable amount, then one must take the percentage due on the original amount (n; 2.5 percent, for example) from the remaining property, and no zakat is paid on the amount destroyed.

If all or part of one's property is destroyed after having been in one's possession a full year and after it was possible to have paid zakat on it (O: by there being both property and recipients), then one must pay the zakat due on both the remainder and the property destroyed.

@H1.11

Zakat is not obligatory if a person's ownership of the property ceases during the year, even if only for a moment, and it then returns to his possession; or if it does not return; or if the person dies during the year.

@H1.12

The zakat year beings on property purchased or inherited when the buyer or inheritor takes possession of it, though if a person relinquishes his ownership of property during the zakat year merely to avoid paying zakat on it, this is offensive (O: as the learned differ about its unlawfulness).  The more reliable opinion is that it is unlawful, though the transaction would be legally valid (dis: c5.2).  But if such a person sells the property after possessing it a full year and before paying zakat on it (O: as when he sells it all, or sells part and the rest is not enough to require zakat), then the sale of the proportion of the property that was owed as zakat is invalid (O: because it belonged to someone else (n: i.e. the recipients, as at h1.9), and it is not valid to sell another's property without his consent), although the sale of the proportion of the property that was not owed as zakat is valid.

*2*Chapter H2.0: Zakat on Livestock

@H2.1

Zakat on livestock is restricted to camels, cattle, sheep, and goats.

@H2.2

Zakat is obligatory when one has owned:

(a) a zakat-payable number of livestock;

(b) for one year;

(c) and has been grazing them (n: on unowned open range, as dicussed below) for the entire year.

There is no zakat on work animals, for example, those trained to plow or bear loads (O: since the purpose in having them is utility, like clothes or household furnishings, and is not production). 

Grazing means they have been grazed on open range pasturage(O: open range excluding pasturage growing on land that a person owe (A: as it would then be considered fodder) ).  If the livestock have been given fodder for a period long enough that they would have been unable to survive had they not eaten during it, then there is no zakat on them, though if fed with it for less than such a period, then this does not affect the necessity of paying zakat on them. (A: There is no zakat on cattle that have been solely fed fodder or grain, even if they could have otherwise been grazed.) (n: It is religiously more precautionary (def: c6.5) and of greater benefit to the poor to follow Imam Malik on this question. Malik holds that zakat is obligatory whenever one has possessed a zakat-payable number of livestock for a year, whether or not they are work animals, and whether they have been grazed on open pasturage or fed with fodder for the entire year (al-Sharh al-saghir ala Aqrab al-masalik ila madhhab al-Imam Malik(y35), 1.592). )

ZAKAT ON CATTLE

@H2.4

For cattle,the minimum on which zakat is payable is 30 head, for which it is obligatory to pay a yearling, meaning a male calf in its second year (A: though a female may take its place, being worth more).

The zakat due on 40 head is a two-year-old female that has entered its third year (A: a male will not suffice).

The zakat on 60 head is 2 yearling males. Zakat on additional numbers is figured in the same way:

on 30 head, a yearling male, and on 40 head, a two-year-old female (N: according to which of the two alternatives accommodates the last 10 head (dis:h2.6) ).

ZAKAT ON SHEEP AND GOATS

@H2.5

For sheep or goats (n: the Arabic ghanam meaning both), the minimum on which zakat is payable is 40, on which it is obligatory to pay a shah, meaning either a one-year-old sheep (O: in its second year) or a two-year-old goat (O: in its third year).  The zakat on 121 sheep or goats is 2 shahs on 201 sheep or goats is 3,on 400 sheep or goats is 4 and for every additional 100 the zakat is 1 shah.

CALCULATING THE NUMBER OF ANIMALS

@H2.6

Numbers (O: of camels, cattle or sheep) which are between zakat quantities (N: i.e. which number more than the last relevant zakat quantity but do not amount to the next highest one) are not counted, and no zakat is due on them.

@H2.7 New offspring of a zakat-payable quantity of livestock that are born during the year are counted for the zakat of the year their mothers are currently in, no matter whether their mothers survive or die.

Thus, if one owned 40 sheep or goats which gave birth to 40 young a month before the year's end, but then the 40 mothers died, one's zakat on the offspring would be 1 shah.

@H2.9

If a group of livestock are all female, or are both male and female, then only a female animal may be paid as zakat, except as mentioned above (h2.4) for 30 cattle, where a yearling male is acceptable.

@H2.10

If a group of livestockare all male, then a male animal may be paid as zakat.

@H2.11

If all the livestock are below the minimum age that may be given as zakat (def: h2.4-5), then one of them is given anyway. But if the herd is mixed, with only some of them underage, then only an animal of the acceptable age may be paid.

@H2.12

If the animals of the herd are defective, an animal is taken which is of the average defectiveness (O: of the group, defective meaning with defects that permit return for refund when sold as merchandise (def: k5.3) ).

@H2.13

If the herd is composite, such as sheep and goats, then either kind may be paid as zakat, though the value of the animal given must correspond to the average value of the members of the herd.

@H2.14

The following are not taken as zakat unless the owner wishes to give them:

-1- a pregnant female (O: because of its superiority);

-2- one that has given birth (O: because of the high yield of milk);

-3- a stud (O: as it is for insemination, and the owner would suffer its loss);

-4- a superior quality animal;

-5- or one fattened for eating.

ZAKAT ON JOINTLY OWNED PROPERTY OR VENTURES WITH SHARED FACILITIES

@H2.15

Two people pay zakat jointly as a single person if:

-1- they jointly own a zakat-payable amount of livestock or something else (O: such as fruit, grain, money, or trade goods), as when two people inherit it;

-2- or when the property is not jointly owned, as when each owner has, for example, 20 head of cattle (N: of a herd amounting to the zakat minimum of 40), but they share the same place to bed them down, to gather them before grazing, to pasture, water, or milk them, or share the same stud, employ the same shepherd, or similar, such as having the same watchman (O: for orchards and fields), the same drying or threshing floor (O: for fruit or grain), the same store, or the same warehouse.

*2*Chapter H3.0: Zakat on Crops

@H3.1

(N: The rulings of this section apply to the farmers who raise the crops. As for those who buy agricultural produce with the intention to sell it, their produce is no longer considered as crops are, but is rather a type of trade goods, and the zakat on it must be paid accordingly (def; h5). )

@H3.2

There is no zakat on grains or legumes except the staple types that people cultivate, dry, and store, such as wheat, barley, millet, rice, lentils, chickpeas, broad beans, grass peas, and Sana'i wheat. There is no zakat on fruit except for raw dates and grapes (O: the zakat on grapes being taken in raisins, and on dates, in cured dates).  There is no zakat on vegetables. Nor is there zakat on seasonings such as cumin or coriander (O:since the aim in using them is preparation of food, not nourishment).

@H3.3

One is obliged to pay zakat as soon as one possesses the zakat-payable amount (def: below) of grain, or when the ripeness and wholeness of a zakat-payable amount of dates or grapes is apparent. Otherwise, one is not obliged.

THE ZAKAT-PAYABLE AMOUNT OF CROPS

@H3.4

The minimal quantity on which zakat is payable for crops is 609.84 kilograms of net dried weight, free of husks or chaff, though for rice and Sana'i wheat, which are stored in the kernal, the zakat minimum, including husks, is 1219.68 kilograms of dried weight. Zakat is not taken from grain until it has been winnowed (O: made free of straw), nor from fruits until they are dried (n: made into raisins and dates).

The produce for the entire year (N: i.e the agricultural year) is added together in calculating the zakat minimum (N: when, for example, the season's first crop alone is less than the zakat minimum).  When one crop is harvested after another-due to varietal differences or the location of the two fields-in the same year, and of the same kind of crop (n: such as spring wheat and winter wheat), zakat is payed from them as if they were a single quantity. Different varieties of grain are also calculated additively when harvested at the same time, though the fruit or grain of a different year. Grapes are not calculated cumulatively with dates, nor wheat with barley (O: as they are different from one another).

@H3.5

The zakat for crops that have been watered without effort, as by rain and the like, is 10 percent of the crop (N: i.e of the net dried storage weight of the grain, raisins, or dates).  The zakat for crops that have been watered with effort such as on land irrigated by ditches (O: or a waterwheel) is 5 percent of the crop.

If a crop has been raised without irrigation for part of the year and irrigated for part of it, then the zakat is adjusted (O: according to the period, meaning how much of the time the fruit or crops were growing).  (N: It is more reliable to consult agricultural experts as to how much of the crop's water came from rain and how much came from irrigation. If 50 percent of the water came from each, for example, one would pay 7.5 percent of the crop as zakat, as this is the mean between the above two percentages.)

@H3.6

After one has paid zakat once on a crop (N: if one is the farmer), there is nothing further due on it (O: as there is no repetition of zakat on one's crops when they are in storage, unlike the repetition of it on money), even if it remains in one's possession for years.

@H3.7

It is unlawful for the grower to consume dates or grapes or otherwise dispose of them or sell them before they have been assessed (O: i.e estimated as to how much there is, and the owner made responsible for the portion to be paid as zakat), and if he does, he is responsible for the loss (O: since part of it belongs to the poor (dis:h1.9) ).

@H3.9

If an act of God destroys the fruit after assessment, there is no zakat on it.

*2*Chapter H4.0: Zakat on Gold, Silver, and Other Money

@H4.1

Zakat is obligatory for anyone who has possessed the zakat-payable amount of gold or silver for one year.

THE ZAKAT-PAYABLE AMOUNTS OF GOLD, SILVER, AND OTHER MONEY

@H4.2

The zakat-payable minimum for gold is 84.7 grams, on which 2.1175 grams (2.5 percent) is due.  The zakat-payable minimum for silver is 592-9 grams, on which 1408225 grams (2.5 percent) is due. There is no zakat on less that this.

(N: One must pay zakat (n: 2.5 percent) on all money that has been saved for a year if it equals at least the market value of 592.9 grams of silver (n:that is current during the year).  While there is a considerable difference between the value of the gold zakat minimum and the silver zakat minimum, the minimum for monetary currency should correspond to that of silver, since it is better for the poor.)

@H4.3

Zakat is exacted proportionately (2.5 percent) on any amount over these minimums, whether the gold or silver is in coins,ingots, jewelry prepared for uses that are unlawful or offensive (dis:f17.6,8,11), or articles which are permanent acquisitions.

@H4.4

There is no zakat on (n: gold or silver) jewelery that is for permissible use.

*2*Chapter H5.0: Zakat on Trade Goods

@H5.1

A zakat of 2.5 percent (O: like that of gold and silver as merchandise is assessed according to its value in them) is obligatory for anyone who:

(a) has possessed trade goods for a year (N: whether the merchandise itself remains, or whether there is sale and replacement, as below at h5.4-5);

(b) whose value (n: at the zakat year's end, as at h5.3) equals or exceeds the zakat minimum (N: 592.9 grams of silver if bought with monetary currency or silver, and 84.7 grams of gold if bought with gold, these being reckoned according to the values of silver and gold existing during the year);

provided:

(c) that the trade goods have been acquired through a transaction (O: such as a purchase, or acquired by a woman as her marriage payment (Mahr, def:m8), or received as a gift given in return for something else (dis:k31.4), or such as articles rented from someone in order to rent them out to others at a profit, or land rented from someone in order to rent it out to others at a profit);

(d) and that at the time of acquisition, the owner intended to use the goods for trade.

There is no zakat on the trade goods if (non-(c) above) the owner acquired them by estate division (irth, def:L1) or received them as a gift, or if (non-(d) ) he acquired them by purchase but at the time did not intend using them for trade.

THE BEGINNING OF THE ZAKAT YEAR FOR TRADE GOODS

@H5.2

When the owner buys trade goods that cost (N: at least) the gold or silver zakat minimum, the year of the merchandise's possession is considered to have begun at the beginning of the gold or silver's zakat year (N: so that a merchant's zakat is figured yearly on his total business capital and goods).  But the year of the merchandise's possession is considered to have begun at the moment of purchase if:

-1- the owner has bought the merchandise for less than the zakat minimum (O: provided the price of the merchandise plus his remaining money do not amount to the zakat minimum);

-2- or he has bought it(N: in exchange) for nonmonetary goods (N: provided these are not also trade goods, as at h5.4, for if they are, the zakat year continues from the zakat year of the previous goods).

ESTIMATING WHETHER THE VALUE OF ONE'S TRADE GOODS AMOUNTS TO THE ZAKAT

MINIMUM OR NOT

@H5.3

Merchandise is appraised (A: at its current market value) at the end of the zakat year:

-1- in terms of the same type of money that it was purchased with, if bought with money (N: i.e if purchased with silver or monetary currency, we see if the merchandise's market value at the year's end has reached the silver zakat minimum (def:h5.1(b) ); or if with gold, we see if its market value has reached the gold minimum) even if it had been purchased for less than the zakat minimum (N: at the beginning of the year) (O: so that if it has now reached the value of the zakat minimum, one pays zakat on it, and if not, then there is no zakat);

-2- or in terms of its value in local monetary currency, if the merchandise was acquired by other than paying money for it (O: such as in exchange for goods, or acquired by a woman as her marriage payment (mahr), or by a husband in exchange for releasing his wife from marriage (def:n5) ).  If its value equals the zakat minimum (h5.1(b) ), then zakat is paid. But if not, then there is no zakat on it until the end of the next year, when it is reappraised and zakat is paid if its value amounts to the zakat minimum, and so on (N: in the following year).

It is not a condition that the value of the trade goods amount to the zakat minimum except at the end of the year(O: not at the beginning, middle, or during the whole of the year).

@H5.4

If trade goods are exchanged for other trade goods during the course of the year, this does not interrupt their possession (O: because zakat on merchandise is based on the value, and the value of the previous merchandise and the new merchandise is the same, so the year of its possession is not interrupted by merely transferring it from one set of goods to another), though the zakat year of the funds which a professional money changer exchange, for other funds is interrupted by each exchange (N: and he pays no zakat as long as he keeps changing his business capital).

@H5.5

If merchandise is sold during the zakat year at a profit and its price is kept until the end of the year, then zakat on the merchandise's original value is paid at the end of that zakat year, but the zakat on the profit is not paid until the profit has been possessed for a full year. (n: A second position in the Shafi'i school is that the zakat on the profit is simply paid in the current zakat year of the merchandise, just as one pays zakat on the offspring of livestock (dis:h2.7) in the current year of their mothers (Mughni al-muhtaj ila ma'rifa ma'ani alfaz al-Minhaj (y73), 1.399). )

*2*Chapter H6.0: Zakat on Mines and Treasure Troves

@H6.1

A zakat of 2.5 percent is immediately due on:

(a) the zakat minimum or more of gold or silver (def:h4.2) (O:gold or silver excluding anything else, such as iron, lead, crystal, turquoise, cornellian, emerald, antimony, or other, on which there is no zakat);

(b) extracted from a mine (O: i.e a site at which Allah has created gold or silver) located on land permissible for the miner to work or owned by him;

(c) and that this amount of ore has been gathered by working the site one time, or several times uninterrupted by abandoning or neglecting the project.

The zakat is only paid after the ore is refined into metal.

If the person stops working the site for a justifiable reason, such as to travel (O: not for recreation, but for something such as an illness) or to fix equipment, then he adds (O: the ore collected after the interruption to that collected before, in calculating the zakat minimum).  Ore found on someone else's land belongs to the owner of the land.

ZAKAT ON TREASURE TROVES

@H6.2

An immediate zakat of 20 percent is due when one finds a treasure trove that was buried in pre-Islamic times (N: or by non-Muslims, ancient or modern) if it amounts to the zakat minimum (def: h4.2) and the land is not owned. If such a treasure if found on owned land, it belongs to the owner of the land. If found in a mosque or street, or if it was buried in Islamic times, it is considered as a lot and found article (def: k27).

*2*Chapter H7.0: The Zakat of `Eid Al-Fitr

@H7.1: Who Must Pay It

The zakat of `Eid al-Fitr is obligatory for every free Muslim, provided:

(a) that one has the necessary amount (O: 2.03 liters of food);

(b) and that on the night before the `Eid and on the ~Eid itself, this is in excess of what one needs to feed oneself and those whom one is obliged to support (def:m12.1), what one needs to clothe them, and in excess of one's debts and housing expenses. If one's excess amounts to only part of the required zakat, one must pay as much of it as one has.

@H7.2: Paying the Zakat of `Eid Al-Fitr for One's Dependents

Someone obligated to pay the zakat of 'Eid al-Fitr must also pay it for every person he is obliged to support, such as his wife and family (O: e.g. his young son, grandson, father, or mother), if they are Muslim and if he has enough food (O: 2.03 liters per person above his own expenses and theirs), though he is not obliged to pay it for his father's wife when supporting his father because of the father's financial difficulties, even though he is obliged to support her (dis: m12.5).

@H7.3

If one is obligated to pay the zakat of 'Eid al-Fitr but only has enough to pay part of it, then one begins by paying one's own, then that of one's wife, young child, father, mother, and then one's adult son (O: without an income, as when he is chronically ill or insane, for otherwise one is not obligated to support him).

@H7.4

A wealthy woman married to a man too poor to pay her ~Eid al-Fitr zakat is not obliged to pay her own (A: though it is sunna for her to pay this and all forms of zakat to her husband, even if he spends it on her).

@H7.5

The zakat of ~Eid al-Fitr becomes obligatory when the sun sets on the night before the `Eid (n: meaning on the evening of the last day of Ramadan).

@H7.6: What Type of Food Must Be Given

The zakat of `Eid al-Fitr consists of 2.03 liters of the main staple of the area in which it is given, of the kinds of crops on which zakat is payable (def:h3.2).  (A: If the main staple is bread, as in many countries, only wheat may be given, and is what is meant by the expression giving food here and in all texts below dealing with expiations (e.g. j3.22(2) ). ) (N: The Hanafi school permits paying the poor the wheat's value in money, both here and for expiations.) It is permissible to give the best quality of the staple food of the area, but not to give less than the usual quality (O: such as by giving barley where

wheat is the main staple).

@H7.7

It is permissible to give the zakat of `Eid al-Fitr (N: to deserving recipients (dis: h8.26) ) anytime during Ramadan, though the best time is on the day of `Eid al-Fitr before the prayer (def:f19.1).  It is not permissible to delay giving it until after the day of the `Eid (O: that is, one may give it until sunset), and is a sin to delay until after this, and one must make it up (N: by paying it late).

*2*Chapter H8.0: Giving Zakat to Deserving Recipients

@H8.1

It is unlawful to delay paying what is due from a zakat-payable amount of property when:

(a) it has been possessed for one year;

(b) one can find the) O: eight) categories (O: of eligible recipients, or some of them) so as to be able to pay it;

(c) and the property is present (O: within 81 km./50 mi.);

-unless one is awaiting a poor person more deserving than those present, such as relative (O: of the person paying zakat whom he is not obliged to support), a neighbor, or a more righteous or needy person (O: than those present. Under these circumstances it is not unlawful to delay giving it because there is an excuse, unless withholding it involves considerable harm for those present).

@H8.2: Paying Zakat In Advance

Zakat, on all types of property that a year's possession of the zakat minimum makes giving obligatory, may be payed for the current year (A: alone) before the year's end whenever the property owner possesses the zakat minimum. This zakat in advance is considered valid only when the year ends and:

(a) the recipient it still among the types eligible for zakat (O: meaning, for example, that his state has not changed from poverty to wealth);

(b) the zakat giver is still obligated to pay it;

(c) and the property is still as it was (O: i.e. the zakat minimum still exists and has not been destroyed or sold).

The zakat in advance is not valid if (N: before the end of the year) :

-1- (non-(a) above) the poor person who accepted it dies, or becomes financially independent for some other reason than having accepted the zakat;

-2- (non-(b) ) the giver dies;

-3- or (non-(c) ) the property diminishes to less than the zakat minimum by more than the amount given in advance (O: such as when the giver takes out 5 dirhams as zakat in advance from 200 dirhams, but his holdings are subsequently reduced by 10 (N: to 190 dirhams, which is less than the zakat minimum) ), even when this reduction is because of sale.

When the zakat in advance is not valid, the giver may take it back if he has explained that the money has been given in advance (O: by merely having said, "This is my zakat in advance," or if the recipient knows it).  If what was given as zakat still exists, the recipient gives it back together with any increment organically connected with it, such as additional weight gained by a head of livestock while in the recipient's possession. But the property owner is not entitled to take back an increment that is not organically connected to the zakat, such as its offspring (O: born from the animal while in the recipient's possession).

If the zakat given in advance no longer exists, then the giver is entitled to take back a substitute (O: whether it be the substitute for a commodity that is fungible (mithli, def: k20.3 (1) ), such as silver dirhams, or whether for a nonfungible (mutaqawwim) commodity such as sheep or goats, in which case its price is the market value at the time the zakat in advance was accepted, not the time it ceased to exist).

After the return of the zakat in advance, the zakat giver pays the zakat from his wealth again if he is still obliged to. The zakat in advance that is paid from the zakat-payable amount (nisab) is considered as if still part of the giver's property (O: only in respect to calculating whether the giver's total property equals the zakat-payable amount. It is not actually considered as still belonging to the zakat giver, sincethe recipient is entitled to dispose of it by sale or otherwise while it is in his possession).  Thus, if the zakat giver paid a sheep in advance as zakat on 120 head, and one of the sheep then gave birth to a new lamb, the giver would now be obliged to pay another sheep (O: it being as if he owns the (N: next highest) zakat-payable amount of 121 head (dis:h2.5) ).

@H8.3: Authorizing Another to Distribute One's Zakat

It is permissible for the zakat giver to personally distribute his zakat to eligible recipients or to authorize an agent (wakil, def:k17) to do so. It is permissible for the zakat giver to pay his zakat to the imam (A: i.e. the caliph (o25) or his representative), and this is superior unless the imam is unjust, in which case it is better to distribute it oneself.

@H8.4: The Prayer of the Recipient for the Zakat Giver

It is recommended for the poor person (O: receiving zakat when the owner is distributing it) or the agent assigned to deliver the zakat to recipients (N: if the imam has gathered it by means of agents to distribute to the poor) to supplicate for the giver, saying, "May Allah reward you for what you have given, bless you in what you have retained, and purify it for you."

@H8.5: The Intention of Zakat

Making the intention of zakat is a necessary condition for the validity of giving it. The intention is made when zakat is paid to the poor person or the one being authorized to distribute it, and one must intend giving it as the zakat of one's property. (O: It is permissible to make the intention before paying the money.) When the owner has made this intention, it is not necessary that the agent distributing it also make an intention before giving it(O: because the owner's intention is sufficient, whether the agent is an ordinary individual or is the ruler. It is also permissible for the owner to authorize an agent to both make the intention and distribute the zakat).

@H8.6

It is recommended that the imam dispatch a zakat worker, (O: to collect zakat funds from those obliged to pay, to make this easier for them. Such an agent must be) an upright Muslim (def: o24.4) who knows the rulings of zakat, and who is not of the Hashimi or Muttalibi clans of Quraysh.

@H8.7: The Eight Categories of Recipients

It is obligatory to distribute one's zakat among eight categories of recipients (O: meaning that zakat goes to none besides them), one-eighth of the zakat to each category. (n: In the Hanafi school, it is valid for the giver to distribute his zakat to all of the categories, some of them, or to confine himself to just one of them (al-Lubab fi sharh al-Kitab(y88), 1.155). )

@H8.8: The Poor

The first category is the poor, meaning someone who:

(a) doe not have enough to suffice himself (O: such as not having any wealth at all, or having some, but (N: he is unable to earn any, and) what he has is insufficient to sustain him to the end of his probable life expectancy if it were distributed over the probable amount of remaining time; insufficient meaning it is less than half of what he needs. If he requires ten dirhams a day,for example but the amount he has when divided by the time left in his probable life expectancy is four dirhams a day or less, not paying for his food, clothing, housing, and whatever he cannot do without, to a degree suitable (dis:f4.5) to someone of his standing without extravagance or penury, then he is poor - all of which applies as well to the needs of those he must support (def;m12.1). ) (N: A mechanic's tools or scholar's books are not sold or considered part of his money, since he needs them to earn a living);

(b) and is either:

-1- unable to earn his living by work suitable to him (O: such as a noble profession befitting him (N: given his health and social position), as opposed to work unbefitting him, which is considered the same as not having any. If such an individual were an important personage unaccustomed to earning a living by physical labor, he would be considered "poor". This also includes being able to do work suitable to one, but not finding someone to employ one);

-2- or is able to earn his living, but to do so would keep him too busy to engage in attaining knowledge of Sacred Law. (n: Nawawi notes, "If able to earn a living at work befitting him except that he is engaged in attaining knowledge of some subject in Sacred Law such that turning to earning a living would prevent the acquisition of this knowledge (dis: w36), then it is permissible for him to take zakat because the attainment of knowledge is a communal obligation, though zakat is not lawful for someone able to earn a living who cannot acquire knowledge, even if he lives at a school. What we have just mentioned is the most correct and well known position. Darami mentions three positions concerning someone engaged in attaining religious knowledge:

-that he deserves charity even when able to earn a living;

-that he does not deserve it;

- and that if he is an outstanding student who can be expected to develop a good comprehension of the Sacred Law and benefit the Muslims thereby, then he deserves charity, but if not, then he does not.

"Darami mentioned this in the chapter of "Voluntary Charity" (al-Majmu' (y108), 6, 190-91). )

But if one's religious devotions are what keeps one too busy to earn a living one is not considered poor.

@H8.9

Someone separated from his money by at least 81 km/50 mi is eligible for zakat. (N: This was in the past. In our day it is fitter to say that he must be far from his money in terms of common acknowledgement (def: f4.5). ) (O: Such a person's absent property is as if nonexistent, and his "poverty" continues until the money is present. Likewise, someone owed money on a debt not yet due who does not have any other money is given zakat when it is distributed (N: to suffice him) until the debt becomes due.)

@H8.10

People whose needs are met by the expenditures of those who are obliged to support them such as their husbands or families are not given zakat (N: for poverty) (O: though it is permissible for a third party to give zakat to such a dependent by virtue of the dependent's belonging to some category other than the poor or those short of money (def: below), as when the person belongs to a category such as travellers needing money (h8.18) or those whose hearts are to be reconciled (h8.14) ).

@H8.11: Those Short of Money

The second category is people short of money, meaning someone who has something to spend for his needs but it is not enough, as when he needs five dirhams, but he only has three or four. The considerations applicable to the poor person also apply to someone short of money (O: namely, that he is given zakat if he cannot earn a living by work befitting him (def: h8.8(b) ), or if he can earn a living but attainment of knowledge of Sacred Law prevents his doing so; though if he is able to earn a living but extra devotions prevent him from doing so, then he may not take zakat).

@H8.12: How Much the Poor are Given

A person who is poor or short of money is given as much as needed of tools and materials (O: if he has a trade, such as the tools of a carpenter) with which he can earn a living, or property with which he can engage in trade (O: if a merchant), each according to the demands of his profession. This amount varies, depending on whether, for example, he is a jeweller, clothier, grocer, or other.

If the recipient has no trade (O: i.e. is unable to do any work, whether for wages, by trading, or other), then he is given enough zakat to fulfill his needs from the present till the end of his probable life expectancy (O: based on (N: the average lifespan for someone like him in) that locality).  Another position is that such a person is given enough for just one year.

These measures are obligatory when abundant zakat funds are available, whether the imam distributes them or a property owner. But if there is not much zakat available (O: meaning if the owner or imam distribtes funds that are too little to last the poor person for his probable life expectancy or for even one year), it is distributed as is, an eighth to each category.

@H8.13: Zakat Workers

The third category consists of zakat workers, the above-mentioned agents (h8.6) dispatched by the imam. These include the person collecting it, the clerk (O: recording what the owners give), the person who matches the payees to recipients, and the one who distributes it to recipients.

The zakat workers receive an eighth of the zakat funds. If this amount is more than it would cost to hire someone to do their job, then they return the excess for distribution to the other categories of recipients. But if less (N: than the cost of hiring someone), then enough is taken from the zakat funds to make up the difference. All of this applies only if the imam (A: caliph) is distributing the zakat (O: and has not alloted a fee to the zakat workers from the Muslim common fund (bayt al-mal) ).  If the property owner is distributing the zakat (O: or if the imam has alloted the workers a fee from the common fund) then the zakat funds are divided solely among the other categories of recipients.

@H8.14: Those Whose Hearts are to be Reconciled

The fourth category is those whose hearts are to be reconciled. If they are non-Muslims, they are not given zakat, but if Muslims, then they may be given it (O: so that their certainly may increase, or if they are recent converts to Islam and are alienated from their kin).

Those to be reconciled include:

-1- the chief personages of a people (O: with weak Islamic intentions) whose Islam may be expected to improve, or whose peers may be expected to enter Islam;

-2- or the heads of a people who collect zakat for us from Muslims living near them who refuse to pay it, or who fight an enemy for us at considerable expense and trouble to themselves.

@H8.15: Those Purchasing their Freedom

The fifth category is slaves who are purchasing their freedom from their owners. They are given enough to do so if they do not have the means.

@H8.16: Those in Debt

The sixth category is those who have debts (O: and they are of three types) :

-1- A person who incurs debts in order to settle trouble (O: between two people, parties, or tribes) involving bloodshed (O: as when there has been a killing but it is not known who the killer is, and trouble has arisen between the two sides) or to settle trouble concerning property (O: such as bearing the expense when trouble occurs over it) is given zakat even if he is affluent.

-2- A person who incurs debts to support himself or his dependents is given zakat if he is poor, but not if affluent. If he incurs a debt (O: for something lawful) but spends it on something unlawful, and then repents (O: and is felt to be sincere in this, and the original reason is known to have been something lawful), then he is given zakat.

-3- (O: And a third type, not mentioned by the author, which (n: given persons P,Q, and R)  is when R incurs a debt by guaranteeing (daman, def; k15) to P that Q will pay P (n: what Q owes him).  If R finds that neither he nor Q can pay, then R is given zakat (n: because he has gone into debt in order to guarantee Q's debt), even if the reason R agreed to guarantee Q was not charity (N: but was rather that Q would pay him back). )

@H8.17: Those Fighting for Allah

The seventh category is those fighting for Allah, meaning people engaged in Islamic military operations for whom no salary has been allotted in the army roster (O: but who are volunteers for jihad without remuneration).  They are given enough to suffice them for the operation, even if affluent; of weapons, mounts, clothing, and expenses (O: for the duration of the journey, round trip, and the time they spend there, even if prolonged. Though nothing has been mentioned here of the expense involved in supporting such people's families during this period, it seems clear that they should also be given it).

@H8.18: Travellers Needing Money

The eighth category is the traveller in need of money, meaning one who is passing among us (O: i.e. through a town in Muslim lands where zakat is collected), or whose journey was not undertaken for the purpose of disobeying Allah. If such a person is in need, he is given enough to cover his personal expenses and transportation, even if he possesses money back home.

@H8.19: Paying Zakat to Recipients

A person who qualifies as a member of two or more of the above categories is only given zakat for one of them.

@H8.20

When the (N: eight) categories of recipients exist in the town where zakat is collected, it is unlawful and invalid to give it to recipients elsewhere (O: as it must be paid to those present if the property owner is distributing his own zakat. The other schools of jurisprudence permit giving it elsewhere).  But if the imam (A: caliph) is distributing the zakat, he may give it to recipients in a different place.

If the zakat giver's property is in the desert, or none of the eight categories of eligible zakat recipients exist in his own town, then the zakat should be distributed in the nearest town.

@H8.21

Each category of recipients must receive an equal share, one-eighth of the total (dis:h8.7(n:) ) (A: though one may give various individuals within a particular category more or less), except for zakat workers, who receive only their due wage (def:h8.13).  If one of the categories does not exist in one's town, their eighth is distributed over the other categories such that each of them gets oneseventh. If two categories of recipients do not exist in the town, then each of the remaining categories receive a sixth of the zakat, and so on (O: such that if there were only one category in town, all the zakat would be paid to it).

It is obligatory to give zakat to every individual member of a category if the owner is distributing zakat and the individuals are of a limited, known number, or if the imam is distributing zakat and it is possible to give it out person by person and include them all because of the abundance of funds. If the owner is distributing zakat and the recipients in each category are not of a limited, known number, then the fewest permissible for him to give to in one category of zakat workers, in which a

single person is enough.

@H8.22

It is recommended to give one's zakat to relatives other than those one is obliged to support (def: m12.1).

@H8.23

It is recommended to distribute zakat to recipients in proportion to their needs, giving someone who needs 100 dirhams, for example, half of what one gives to someone who needs 200.

@H8.24

It is not permissible to give zakat to a non-Muslim, or to someone whom one is obliged to support (def: m12.1), such as a wife or family member.

@H8.25

It is not valid for one to give zakat to a poor person on condition that he return it to one to pay off a debt he owes, or to tell the recipient, "O hereby make the money you owe me zakat, so keep it for yourself." But it is permissible:

-1- for the giver to pay his zakat (O: to a poor person who owes him money) when the giver's intention is that the recipient should pay him back with it;

-2- for the zakat giver to tell the poor person,"Pay me the money you owe me so that I can give it to you as zakat";

-3- or for the poor person to tell his creditor, "Give me (O: zakat) so that I can pay it back to you (O: for the debt I owe you) ";

though it is not obligatory to fulfill these promises (O: meaning the outcomes alluded to in (2) and (3) above).

@H8.26

All of the above rulings concerning zakat (h8.2-25) apply to the zakat of 'Eid al-Fitr (def; h7) (O: in details, in giving it to deserving recipients (N: the eight categories described in this section), and in giving it in advance).  It is permissible for a group of people to pool their zakat of `Eid al-Fitr,mix it, and collectively distribute it, or for one of them to distribute it with the others permission. (O: The author mentions this to inform people that anyone can distribute their zakat of `Eid al-Fitr to all categories of recipients, no matter how little it is.)

*2*Chapter H9.0: Voluntary Charity

@H9.1

Giving voluntary charity is recommended at all times; especially during Ramadan, before praying for something one needs, (O: when there is an eclipse, illness, or journey,) and at all noble times and places (O: e.g. times such as the first ten days of Dhul Hijja or the days of `Eid and places such as Mecca or Medina).

@H9.2

It is superior to give charity to righteous people (O: meaning those who give Allah and His slaves their due), to one's relatives (A: which is better than giving to the righteous), even those of them who are one's enemies (A: and this is better than giving to one's friends among them), and to give from the best of one's wealth (O: meaning that which is lawful, which is better than giving what is from a doubtful source, or giving what is of poor quality, either of which are offensive to give as charity. It is unlawful to give property that has been unlawfully obtained (N: if one knows its rightful owner. If not, one must give it as charity (A: or taxes (def: p32) ) to remove it from one's possession) ).

@H9.3

It is unlawful to give as charity money needed to support one's dependents or needed to pay a debt that is currently due (O: because supporting one's dependents or paying a current debt are obligatory, and obligatory acts take precedence over recommended ones).

@H9.4

It is recommended to give away in charity everything one owns that is in excess (O: of personal expenses and the expenses of those one is obliged to support), provided one can be patient with the resultant poverty. (O: But if one cannot be patient, it is offensive to give away what is in excess of one's needs.)

@H9.5

It is offensive to ask for anything besides paradise with the words "For the sake [lit. "By the countenance (O: i.e. entity) "] of Allah," though if someone does, it is offensive not to give to him.

@H9.6

It is unlawful to remind a recipient of charity that one has given him (mann, dis:p36), and it eliminates the reward.

@H9.7

(O: It is permissible to give charity to a person not in need, or to a relative of the Prophet (Allah bless him and give him peace).  It is offensive for a person not in need to accept charity,and preferable that he avoid it. It is unlawful for such a person to accept it if he pretends to be needy, and is unlawful for him to ask for charity. It is permissible to give charity to a non-Muslim (n: but not zakat, as above at h8.24). )

*1*BOOK I: FASTING

@CONTENTS:

Fasting Ramadan il.0

Who Must Fast Ramadan i1.1

Those Not Obliged to Fast Ramadan i1.2

Which of the Unobliged Must Make It Up Later i1.3

When Ramadan Is Learned Of After Dawn i1.4

At What Age a Child Fasts i1.5

Excessive Hunger and Thirst Permits Not Fasting i1.6

Conditions Under Which Travel Permits Not Fasting i1.7

Women Who Are Pregnant or Nursing an Infant i1.8

Sighting the New Moon i1.9

Astronomical Calculations of the Arrival of Ramadan il.11

The conditions of a Valid Fast i1.13

The Intention i1.14

For obligatory fasts i1.14

For nonobligatory fasts i1.17

Things Which Invalidate the Fast i1.18

Criterion for things invalidating the fast i1.19

Expiating a Fast Vitiated by Lovemaking i1.20

Things That Do Not Break the Fast i1.21

Uncertainty As to Whether One Ate During Night or Day i1.22

Involuntary Acts That Break the Fast i1.23

Recommended Measures While Fasting i1.24

A predawn meal i1.24

To hasten breaking the fast after sunset i1.25

Other recommended measures i1.26

Things recommended to avoid i1.27

Things Unlawful or Offensive While Fasting i1.28

Maintaining Continual Silence Is Offensive i1.32

Making Up Missed Fast-Days i1.33

Penalty for delaying a makeup until next Ramadan i1.33

If one dies with unperformed fast-days i1.33

Voluntary Fasting i2.0

Days on Which Fasting Is Recommended i2.1

Fasts That Are Offensive or Unlawful i2.2

Singling out Fridays etc. to fast i2.5

Interrupting a Fast or Prayer One Has Begun i2.6

Unlawful for an obligatory fast or prayer i2.6

Spiritual Retreat (I'tikaf) i3.0

A Sunna i3.1

Laylat al-Qadr i3.2

Date i3.2

How to Perform Spiritual Retreat i3.3

Vowing Retreat in Particular Mosques i3.4

Vowing a Consecutive Period of Retreat i3.6

Wife's Retreat Requires Husband's Permission i3.9

*2*Chapter I1.0: Fasting Ramadan

@(O: The month of the fast is the best of months, and it is one of the distinctive features of this Community (Umma); that is, as now practiced, a fact not contradicted by the word of Allah Most High,

"Fasting is prescribed for you, as it was prescribed for those before you" (Koran2:183),

the resemblance interpreted as referring to fasting without other qualification, not to its amount and time. Fasting Ramadan is one of the pillars of Islam (def: u2) by scholarly consensus (ijma').  Bukhari and Muslim relate that the Prophet (Allah bless him and give him peace) said,

"Islam is built upon five: testifying there is no god but Allah and that Muhammad is the messenger of Allah, performing the prayer, giving zakat, making the pilgrimage to the House [Kaaba], and fasting Ramadan.")

@I1.1: Who Must Fast Ramadan

Fasting Ramadan is obligatory for:

(a) every Muslim (O: male or female) who:

(b) has reached puberty;

(c) is sane;

(d) is capable of bearing the fast;

(e) and if female, is not in the period of menstruation or postnatal bleeding (nifas).

@I1.2: Those Not Obliged to Fast Ramadan

The following are not required to fast:

-1- (non-(a) above) a non-Muslim (O: meaning that we do not ask him to, nor would it be valid if he did (N: though he is punished in the next life for not doing so) );

-2- (non-(b) ) a child;

-3- (non-(c) ) someone insane;

-4- or (non-(d) ) someone whom fasting exhausts because of advanced years or having an illness from which he is unlikely to recover.

None of the above-mentioned is obliged to fast or to make up missed fast-days, though someone who misses a fast because of (4) above must give 0.51 liters of food (def: h7.6 (A) ) for each fast-day he misses.

@Il.3

The following are not required to fast, though they are obliged to make up fast-days missed (A:making up, according to our school, meaning that one fasts a single day for each obligatory fast-day missed) :

-1- those who are ill (N: the illness that permits not fasting being that which fasting would worsen, delay recovery from, or cause one considerable harm with; the same dispensation applying to someone who needs to take medicine during the day that breaks the fast and that he can not delay taking until night);

-2- those who are travelling (def:i1.7);

-3- a person who has left Islam (murtadd, def:o8);

-4- or a woman who is in her menses or period of postnatal bleeding.

If the ill person or traveller take it upon themselves to fast, it is valid, though a fast by someone who has left Islam, or a woman in menstruation or period of postnatal bleeding is not valid. When not fasting on a day of Ramadan, if a non-Muslim becomes a Muslim, an insane person regains his sanity, or a child reaches puberty, it is recommended but not obligatory that they fast the rest of that day and make up the fast later. A child who reaches puberty while fasting on a day of Ramadan is obliged to fast the rest of the day, and is recommended to make it up.

A woman whose period ends during a day of Ramadan is recommended to fast the rest of the day is obliged to make up the fast (O: and the fast-days prior to it missed during her period or postnatal bleeding).

@I1.4

If the testimony of a witness (O: that the new moon has been seen during the previous night) is made during a day (N: that was initially) uncertain as to whether it was the first of Ramadan, then it is obligatory (O: for people) to fast the rest of the day and to make it up later.

@I1.5

A child of seven is ordered to fast, and at ten is beaten for not fasting (N: with the reservations mentioned at f1.2).

@I1.6

Excessive hunger or thirst, meaning likely to cause death or illness, are legitimate excuses not to fast, even when they occur on a day one has already begun to fast, as soon as the fast becomes a hardship.

@I1.7

It is permissible not to fast when travelling, even when the intention to fast has been made the night before, provided that the journey is at least 81 km./50 mi one way, and that one leaves town (def:f15.6) before dawn. If one leaves after dawn, one is not entitled to omit the fast. It is preferable for travellers not to fast if fasting would harm them, though if not, then fasting is better.

@I1.8

A woman who is breast-feeding a baby or is pregnant and apprehends harm to herself or her child may omit the fast and make it up later, though if she omits it because of fear (A: of harm) for the child alone (O: not for herself) then she must give 0.51 liters of food (def:h7.6(A:) ) in charity for each day missed,as an expiation (A: in addition to making up each day).

@I1.9: Sighting the New Moon

Fasting Ramadan is only obligatory when the new moon of Ramadan is sighted (O: i.e in respect to the person who sees it, though for those who do not see it, it only becomes obligatory when the sighting is established by the testimony of an upright witness (def:o24.4) ).  If it is too overcast to be seen, then(n:the preceding lunar month of) Sha'ban is presumed to last for thirty days, after which people begin fasting Ramadan. If the new moon is sighted during the day (O: before noon on the last of the thirty days), it is considered as belonging to the following night (O: and the ruling for that day does not change).

If the moon is seen in one city but not another, then if the two are close (O: i.e. in the same region), the ruling (n: that the new month has come) holds for both. But if the two are not close, then not (O: i.e. the people far from the place where it was seen are not obliged to fast), not close meaning in different regions, such as the Hijaz, Iraq, and Egypt.

@I1.10

The testimony of a single witness (N: that the new moon has been seen) is sufficient to establish that the month of Ramadan has come, provided the witness is upright (Def o24.4), male, and responsible for the duties of Islam (O: which excludes boys who have reached the age of discernment but not puberty).

@I1.11

If a person knows by calculations of lunar movements or the positions of the stars that the next day is Ramadan, fasting is nevertheless not obligatory (O: for him or the public), though it is permissible for him alone.

@I1.12

If it is difficult to learn which month it is, for someone imprisoned or the like (O: such as someone being held in a dark place who cannot tell night from day, or someone who does not know when Ramadan has come because of being in a land without habitations or people who know when it is), then such a person is obliged to reckon Ramadan as best he can and to fast it. Such a fast is valid if it remains unknown as to whether the month fasted actually coincided with Ramadan, or if it did coincide withit, or if the month fasted occurred after it, though if the month fasted was before Ramadan, it is not valid.

@I1.13: The Conditions of a Valid Fast

The conditions of a valid fast are:

(a) the intention;

(b) and refraining from things which break the fast.

@I1.14: The Intention

One must make the intention to fast for each day one fasts. If the intended fast is obligatory, then the intention must:

(a) be specific (O: as to the fast being for Ramadan, a vow, an expiation, or whatever);

(b) and be made in the night prior to dawn.(n: For Hanafis, the intention for a day of Ramadan (but not a makeup) is valid if made before midway between true dawn and sunset of the day itself (al-Hadiyya al-`Ala'iyya (y4), 171). )

The optimal way is to intend (O: in one's heart) to fast the following day as a current performance of the obligation of Ramadan in the present year for Allah Most High (O: fast and of Ramadan being unanimously considered as integeral to the intention, though scholars differ concerning the obligatoriness of intending it as a current performance, an obligation, or for Allah Most High).

@I1.15

One's intention is valid if on the night before a day of uncertainty (N: as to whether it will be the first day of Ramadan), someone one trusts but who does not have all the qualifications of an acceptable witness (def:i1.10) informs one of having seen the new moon, and relying on this information one intends to fast the next day to fulfill the obligation of Ramadan. and the next day turns out to be Ramadan. But one's fast is not valid if one makes the intention without anyone having informed one of sighting the new moon, no matter whether if one's intention is firm or whether undecided, as when one intends that if the following day is Ramadan, one will fast, but if not, one will not.

@I1.16

One's fast is valid if on the night before 30 Ramadan, one intends that if the following day is of Ramadan, one will fast, but if not, one will not, and then the next day is of Ramadan (O: since it already is Ramadan and the initial presumption is that it will remain so (dis:e7.6(A:) ) ).

@I1.17

Nonobligatory fasts are valid by merely making the intention to fast before noon (O: without needing to specify the type of fast).

@I1.18: Things Which Invalidate the Fast

Each of the following things invalidates the day's fast when one knows they are unlawful (A: during an obligatory fast) and remembers one is fasting (A: but does them deliberately anyway); and they obligate one to both make up the fast-day later and fast the remainder of that day:

-1- eating;

-2- drinking (N: and smoking (A: though not if there is some smoke in the air that one unintentionally inhales) );

-3- taking snuff (O: up the nose that reaches the sinuses, a ruling likewise applicable to oil or water preparation);

-4- suppositories(O: vaginal or anal);

-5- pouring (O: water, oil, or other) into the ears until it reaches the eardrum;

-6- inserting a finger or something else into the anus or vagina further than the area disclosed when one squats(O: to relieve oneself);

-7- anything that enters the body cavity, whether stabbed into it (O: such as a knife or spear thrust which penetrates it) or whether medicine (N: though intramuscular or intravenous injections of medicine do not break one's fast);

-8- vomiting (N: if it is deliberate and one is able to prevent it, though if nausea overcomes one, vomiting does not break one's fast);

-9- sexual intercourse (O: if deliberate, even if there is no orgasm), or orgasm from stroking a nongenital region or from masturbation (O: no matter whether such orgasm is produced by unlawful means, like one's own hand (dis:w37), or whether by lawful means, such as the hand of one's wife);

-10- using so much water to rinse out the nose and mouth that some reaches the stomach (O: i.e. if any reaches the body cavity because of using an abundance of water, it breaks the fast, though if some water slips down when an abundance has not been used, it does not break it. Nor does it harm to swallow one's saliva after rinsing the mouth out, even if able to expectorate it);

-11- swallowing saliva that has left the mouth, such as when threading a needle and one moistens the end of the thread, and then remoistens it, swallowing some of the saliva that the thread had been previously wetted with;

-12- swallowing saliva that has been qualitatively altered, such as when threading a needle and one wets the end, and some dye from the thread remains in the mouth and is swallowed (A: so people who use toothpaste should take care to eliminate it from the mouth before dawn on fastdays);

-13- swallowing saliva that has been made impure by contact with filth (najasa), such as when one's mouth is bloodied and one spits out the saliva until it is clear and colorless, but neglects to wash one's mouth out (O: before swallowing the saliva, which breaks the fast because the mouth is still affected by impurity (n: and water is necessary to purify it, as at e14.10) );

-14- allowing phlegm or mucus at the back of the mouth to be swallowed when one could have spit them out (n: though in the Hanafi school this does not break the fast, even if intentional (al-Hadiyya al-`Ala'yya (y4), 180) );

-15- or to continue making love, even for a moment, after dawn has arrived.

@I1.19: The Criterion for Things Which Invalidate the Fast

The criterion as to whether something invalidates the fast is (N: whether it comes under any one of three headings) :

-1- a substance, even if not much, that reaches the body cavity through an open passageway (O: substance excluding odors, and open excluding anything else, such as absorption through pores).  (N: The deliberate introduction of anything besides air or saliva into the body cavity breaks the fast, though if the person fasting does so absentmindedly or under compulsion, it does not break it);

-2- sexual intercourse (O: meaning inserting the head of the penis into the vagina);

-3- or orgasm, whether as the result of touching (O: such as kissing, contact, lying between the thighs, or something else), or because of masturbation;

-provided that one is aware that these acts are unlawful and that one remembers one is fasting (N: and provided they are done deliberately and voluntarily).

@I1.20: THE EXPIATION FOR VITIATING A FAST-DAY BY SEXUAL INTERCOURSE

In addition to making up the fast, an expiation is obligatory for fast-days of Ramadan that are (A: deliberately) vitiated by sexual intercourse. (O: The legal occasion of the offense is the particular day of fasting, so that if it were committed on two separate days, two separate expiations would be necessary, though if it were committed twice in one day there would be only one expiation.)

The expiation consists of freeing a sound Muslim slave (dis:k32), or if not possible, then to fast the days of two consecutive months. (A: In our school the expiation is only for sexual intercourse, though the Hanafis hold it is obligatory for vitiating the fast for other reasons as well.) If this is not possible, then the expiation is to feed sixty unfortunates (N:0.51 liters of food (def: h7.6 (A:) ) to each unfortunate).  If one is unable to do this, the expiation remains as an unperformed obligation upon the person concerned.

The woman who is made love to is not obliged to expiate it.

@I1.21: THINGS THAT DO NOT BREAK THE FAST

The fast remains valid if any of the things which break it are done absentmindedly (O: not remembering the fast), out of ignorance (O: that doing the things which break the fast are unlawful, whether this is due to being a new Muslim, or to being born and raised far from Islamic scholars), or under compulsion. Not is it broken by:

-1- involuntary vomiting;

-2- having a wet dream, or orgasm as a result of thinking or looking at something (A: unless the latter two usually cause orgasm, in which case one has broken one's fast by not avoiding them);

-3- some water reaching the body cavity as a result of rinsing out the mouth or nose, provided not much (def: f4.5) water was used;

-4- saliva carrying down some food particles from between one's teeth, provided this is after having cleaned between them (O: after eating, by using a toothpick or the like between them), if one is unable to spit them out;

-5- gathering saliva in the mouth and swallowing it, bringing saliva as far forward as the tongue (O: but not to the lips) and then swallowing it, or coughing up phlegm from the throat and spitting it out;

-6- the arrival of dawn when there is food in one's mouth which one spits out;

-7- the arrival of dawn when one is lovemaking and one immediately disengages;

-8- or when sleeps all day or has lost consciousness, provided one regains consciousness for at least a moment of the day.

@I1.22: EATING OR DRINKING WHEN UNCERTAIN OF THE TIME OF DAWN OR SUNSET

Making up the fast-day is obligatory if one eats, thinking it is night, but then finds that it is day; or eats, presuming (N: but uncertain) that the sun has set, and the question (O: as to whether one ate before sunset or after) continues and remains unresolved (dis:e7.6 (A:) ).

It is not obligatory to make up a fast-day on which one ate on the presumption that dawn had not yet come, and the question (O: as to what the case was) remains unresolved (A: since the initial certainty was that it was night).

@I1.23: INVOLUNTARY ACTS WHICH INVALIDATE THE FAST

A fast-day is invalidated by;

-1- insanity, even for a moment;

-2- being unconscious the entire day;

-3- or the appearance of menstrual or postnatal flow.

(N: The insane person is not obliged to make up such a day's fast, while the others are.)

@I1.24: RECOMMENDED MEASURES WHILE FASTING

A predawn meal is recommended, even if it is slight or consists of water alone (O: and the time for it begins from the middle of the night onwards).  It is best to delay it to just before dawn, as long as one does not apprehend dawn's arrival while still eating (O: though when one does not know when dawn is, it is not the sunna to thus delay it).

@I1.25

It is best to hasten breaking the fast when one is certain that the sun has set. One should break it with an odd number of dates, though if one has none, water is best. It is recommended to say after doing so, "O Allah, for You I fasted, and upon Your bounty I have broken the fast."

@I1.26

It is recommended in Ramadan:

-1- to be especially generous (O: in giving charity);

-2- to improve one's relations with family and relatives;

-3- to recite the Koran much;

-4- to spend periods of spiritual retreat (i'tikaf, def:13) in the mosque, especially during the last ten days of Ramadan;

-5- to break the fast of others after sunset, even if only with water (O: because of the hadith related by Tirmidhi that the Prophet (Allah bless him and give him peace) said,

"He who breaks another's fast earns the same reward as the one who fasted without diminishing the latter's reward in the slightest");

-6- and if in a state of major ritual impurity (janaba), to perform the purificatory bath (ghusl) before dawn.

@I1.27

It is recommended to avoid:

-1- slander (def: r2.2), lying, and foul language (N: which are always unlawful, but even worse when fasting);

-2- the pleasure of the senses (O: i.e. those that do not break the fast, such as smelling fragrant plants or looking at them, because of the gratification therein which is incompatible with the wisdom of the fast, even though they are permissible when not fasting) (A: and while it is recommended not to use perfume during a fastday, it does not hurt to use it on the night before);

-3- and medicinal bloodletting (N: or blood donating) or cupping (O: as these, like the fast, weaken a person and could have a synergistic debiliating effect).

If someone abuses one while fasting; one should say tohim,"I am fasting"

@I1.28: THINGS THAT ARE UNLAWFUL OR OFFENSIVE WHILE FASTING

It is unlawful to kiss (O: or embrace, or pet with the hand) on fast-days for those it sexually arouses.

@I1.29 It is unlawful not to eat or drink anything (wisal) between fast-days, though it is not unlawful if one has some water, even a mouthful, before dawn.

@I1.30 It is offensive during the fast to taste food, or to use a toothstick (def: e3) after noon.

@I1.31 It is offensive during the fast to line the eyes with kohl (def:e4.1(4) ) or to bathe.

@I1.32 It is offensive (dis:w38) for anyone (O: whether fasting or not) to keep silent all day until night

(O: when there is no need to) (A: need including the necessity of restraining the tongue from useless talking (dis:r1.1) ).

@I1.33: MAKING UP MISSED FAST-DAYS

Someone obliged to make up some fastdays of Ramadan is recommended to do so consecutively and immediately. It is not permissible for a person with some unperformed fast-days of Ramadan to delay making them up until the next Ramadan unless there is an excuse (N: for delaying).  If one delays until the next Ramadan, one must pay 0.51 liters of food (def: h7.6(A:) ) (N: to the poor) for each fast-day missed, in addition to making it up If making up a fast-day is delayed until a second Ramadan comes, then one must pay double this amount for each day. And so forth; every year that passes upon an unfulfilled fast day adds 0.51 liters to be paid for that day. (O: But if one's excuse for not performing them persists, such as travel or illness, then it is permissible for one to delay making them up as long as the excuse is present, even it is lasts for years. One is not obliged to pay the penalty fee for this delay even if several Ramadans go by, but is merely obliged to make up the missed fastdays).

If someone dies with unperformed fast-days which he could have fasted but did not, then each fast-day is paid for (N: by the responsible family member) with 0.51 liters of food (N: or he can fast for him (A: in place of paying for each day) ).  (O: As for someone who dies after two Ramadans elapse upon his missed fast-days, each fast is paid for with 1.02 liters (n: double the above) of food (N: or the family member can both fast a day and pay 0.51 liters for each day (A:i.e the family member may fast in the deceased's stead for the initial nonperformance of the fast-day, though he cannot fast in place of paying the 0.51 liters of food for each year that making up a fast-day was delayed before the deceased's death, because this is the legal expiation for the delay).  As for someone who died before his excuse (n: for not fasting) ceased to exist, nothing at all is obligatory for him). )

*2*Chapter I2.0: Voluntary Fasting

@I2.1: DAYS ON WHICH FASTING IS RECOMMENDED

It is recommended to fast:

-1- on six days of the month of Shawwal, and that they be the six consecutive days immediately following `Eid al-Fitr(O: their being consecutive and their immediately following the 'Eid are two separate sunnas), though it is permissible to fast them nonconsecutively;

-2- on 9 and 10 Muharram;

-3- on the full moon (lit. "white") days of every lunar month, which are the thirteenth and the two days that follow it;

-4- on Mondays and Thursdays;

-5- on the first nine days of Dhul Hijja;

-6- during the inviolable months, which are four: Dhul Qa'da, Dhul Hijja, Muharram, and Rajab;

-7- (n: and on every other day, a fast described by the Prophet (Allah bless him and give him peace) as "the most beloved fast to Allah" (Riyad al-salihin (y107), 466) ).

The best fast-days, after Ramadan, are those of Muharram, then Rajab, then Sha'ban. (O: In general, the best month for fasting, after Ramadan and the inviolable months, is Sha'ban (A: there being no objection to fasting an entire month or just part of one).

It is recommended to fast on the Day of `Arafa (O: 9 Dhul Hijja), unless one is a pilgrim present at `Arafa (def:j8), when it is better not to fast. It is not offensive for such a person to fast, though it is better for him not to.

@I2.2: FASTS THAT ARE OFFENSIVE OR UNLAWFUL

It is offensive to fast every day of the year (O: besides the two `Eids and the three days following `Eid al-Adha (n: these being unlawful to fast (dis: below) rather than offensive) ) if this harms one (O: in body or mind) or causes one not to do something one should do (O: for oneself or others, even if merely recommended).  If not, then it is not offensive.

@I2.3

It is unlawful and not valid to fast (O: whether voluntarily, as a vow, or as a makeup) on the two `Eids or the three days following `Eid al-Adha.

@I2.4

It is also unlawful and invalid to fast on a day of uncertainty (N: as to whether it is the first day of Ramadan), meaning that on 30 Sha'ban, someone who does not have the necessary qualifications of a witness (def:i1.10) mentions having seen the new moon of Ramadan. Otherwise (O: when no one has mentioned seeing it, or when an acceptable witness has), then it is not considered a day of uncertainty.

Fasting on a day of uncertainty is not valid as a day of Ramadan, though it can validly fulfill a vow or a makeup fast. Voluntary fasting on such a day is only valid when one would have fasted anyway because it falls on a day one habitually fasts, or when one has been fasting each day since before mid-Sha'ban. If neither of these is the case, then it is unlawful and invalid to fast on it.

It is unlawful to fast during the days after mid Sha'ban unless one would have fasted anyway because they fall on days one habitually fasts, or unless one has been fasting each day since before mid-Sha'ban.

@I2.5

(Nawawi: (n: with commentary by Muhammad Shirbini Khatib) ) It is offensive to single out Fridays or Saturdays ((Shirbini:) or Sundays for fasting, i.e. to single out one of the above-mentioned days when they do not coincide with days one normally fasts. The fast of someone who usually fasts every other day and whose fast coincides with one of these days or with a day of uncertainty is not offensive, because of the hadith related by Muslim,

"Do not single out Friday for fasting unless it happens to coincide with a fast one of you performs,"

similar days being analogous to Fridays in this respect) (Mughni al-muhtaj ila ma'rifa ma'ani alfaz al-Minhaj (y73), 1.447) ).

@I2.6

Once begun, it is unlawful to interrupt either an obligatory fast-day or an obligatory prayer, whether it is current, a makeup, or vowed; though if it is nonobligatory (O: whether wholly supereogatory or linked with a particular event or time), then one may interrupt it (O: but it is offensive to do so if there is no excuse).

*2*Chapter I3.0: Spiritual Retreat (I`tikaf)

@I3.1

It is sunna, at any time, to make spiritual retreat (i'tikaf) in the mosque.

@I3.2: LAYLAT AL-QADR

Spiritual retreat (i'tikaf) is especially recommended in Ramadan, particularly in the last ten days of it, seeking Laylat al-Qadr (lit. "the Night of the Divine Decree") (O: which is, as Allah Most High says,"better than a thousand months" (Koran 97:3).

meaning that spiritual works therein are better than works of a thousand months lacking Laylat al-Qadr. Indicating its excellence, the Prophet (Allah bless him and give him peace) said,

"He who prays on Laylat al-Qadr in faith and expectation of its reward will be forgiven his previous sins").

Laylat al-Qadr could be on any night of Ramadan (n: or any other month of the year, according to some (dis:w39) ).  It probably occurs within the last ten nights, more likely on the odd numbered ones (N: remembering that the night of an Islamic date comes before the day of that date), the twenty first and twenty third of which are the likeliest(n:though most scholars hold it to be the twenty-seventh (Mughni al-Muhtaj ila ma'rifa ma'ani alfaz al-Minhaj (y730, 1.450) ).  On Laylat al-Qadr it is recommended to frequently repeat, "O Allah, You are oft-relenting and love to forgive, so forgive me."

@I3.3: HOW TO PERFORM SPIRITUAL RETREAT

At minimum, spiritual retreat (i'tikaf) consists of:

(a) staying, with the intention of spiritual retreat, for more than the least amount of time that can be considered repose (A: i.e. a moment);

(b) while being Muslim, sane, conscious, and free of major ritual impurity (O: i.e. of menstruation, postnatal bleeding, and major impurity (janaba) );

(c) in a mosque, even when this stay is no more than entering the periphery and then leaving by the same entrance (taraddud), though to merely pass through is insufficient.

Optimally, the spiritual retreat (i'tikaf) should be accompanied by fasting, take place in the Friday congregational mosque (O: because of the size of the group prayer therein, and so as not to have to leave to attend the Friday prayer), and be no less than a day.

@I3.4: VOWING SPIRITUAL RETREAT IN PARTICULAR MOSQUES

If one vows (def: j18) to make spiritual retreat (i'tikaf) in:

-1- al-Masjid al-Haram (n: in Mecca);

-2- al-Masjid al-Aqsa (n:in Jerusalem);

-3- or Masjid al-Medina;

then the vow cannot be fulfilled elsewhere. Spiritual retreat (i'tikaf) in al-Masjid al-Haram fulfills a vow to make spiritual retreat in either of the other two (n: al-Aqsa or Medina), but not vice versa (N: they do not fulfill a vow to make a spiritual retreat in al-Masjid al-Haram).  Spiritual retreat in Masjid al-Medina fulfills a vow to do so in al-Masjid al-Aqsa, but not vice versa. If one vows to make a spiritual retreat in any mosque besides these three, the vow can be fulfilled in any mosque whatever (O: since none besides these three is superior to any other).

@I3.5

Spiritual retreat (i'tikaf) is invalidated by lovemaking and by orgasm as a result of touching.

@I3.6: VOWS TO SPEND A CERTAIN CONSECUTIVE PERIOD IN SPIRITUAL RETREAT

If one vows to make spiritual retreat for a consecutive period, then one is obligated to do so. The consecutiveness of such a period is not nullified by leaving the mosque for something necessary such as eating (even when it is possible to do so in the mosque), drinking (provided it is not possible to do so in the mosque), using the lavatory, attending to an illness, the onset of a menstrual period, or similar things; though one's spiritual retreat is interrupted by leaving the mosque to visit a sick person, perform a funeral prayer (janaza), or attend the Friday prayer (jumu'a).

@I3.8

Touching another with sexual desire is unlawful for someone in spiritual retreat (i'tikaf).

@I3.9

It is not permissible for a wife to make spiritual retreat without her husband's permission.

*1*BOOK J: THE PILGRIMAGE

@CONTENTS:

Who Must Perform Hajj and 'Umra j1.0

Special Vocabulary j1.1

Hajj and 'Umra Obligatory Once in a Lifetime j1.2

Who Is Obligated j1.3

The hajj of those not obligated is valid j1.4

Child's hajj valid but does not fulfil obligation j1.4

Meaning of Ability to Perform the Hajj j1.5

Ability to Perform Hajj in Person j1.6

Additional conditions for women j1.7

Performing Hajj the First Year One Is Able j1.9

Ability to Perform Hajj Through Another j1.10

Priority of Obligatory Hajj over Any Other j1.11

The Four Ways of Performing Hajj j1.13

Hajj Before 'Umra (Ifrad) j1.14

'Umra First (Tammattu') j1.15

Most practical way in our times j1.15(N:)

Hajj and 'Umra Simultaneously (Qiran) j1.16

Obligation to slaughter in tamattu' or qiran j1.17

Conditions for fasting in place of slaughtering j1.17

Unconditional Intention for Hajj or 'Umra (Itlaq) j1.18

Time of Year to Enter Ihram for Hajj or 'Umra j1.19

Sites for Entering Ihram j2.0

Coming by a Route Without an Ihram Site j2.3

Expiation for Passing the Site Without Ihram j2.5

Ihram (The State of Pilgrim Sanctity) j3.0

Recommended Measures Prior to Ihram j3.1

Obligatory Measures Before Ihram j3.2

Entering Ihram j3.3

Chanting "Labbayk" j3.4

When recommended j3.4

The Five Things Unlawful While in Ihram j3.5

Sewn Garments on Men j3.6

Meaning of sewn j3.6

Headcover forbidden j3.6

Parasols, safety pins, belts, permissible j3.6

Perfume j3.7

Removing Hair or Nails j3.8

Expiation for violating ihram j3.9

Accidentally removing a hair j3.11

Sexual Intercourse or Foreplay j3.13

Expiation for intentional sexual intercourse j3.15

Intercourse after partial release from ihram j3.18

Prohibition of marriage while in ihram j3.20

Hunting j3.21

Expiation for hunting j3.22

Men's Versus Women's Ihram j3.23

Veiling not permitted j3.24

Entering Mecca j4.0

Recommended Measures j4.1

When First Seeing the Kaaba j4.2

Circumambulating the Kaaba (Tawaf) j5.0

Entering al-Masjid al-Haram j5.1

How to Circumambulate the Kaaba j5.2

Kissing the Black Stone before beginning j5.2

How and where to begin j5.2

What is said when passing the Kaaba's door j5.5

What is said when passing the Hijr j5.6

What is said when passing the rainwater spout j5.7

What is said before reaching the Yamani Corner j5.8

Touching the Yamani Corner j5.9

Touching or kissing the Kaaba j5.10

Circumambulation Consists of Seven Rounds j5.12

Trotting in the First Three Rounds j5.13

Kissing the Black Stone in Each Round j5.14

If unable j5.14

The Buttress at the Base of the Kaaba j5.15

The Conditions of a Valid Circumambulation j5.16

The Two Rak'as After Circumambulations j5.18

Words of the supplication afterwards j5.18

Going Between Safa and Marwa (Sa'y) j6.0

On Hajj Prior to 'Arafa j6.1

How to Go Between Safa and Marwa j6.2

What is said on Safa j6.2

Walking towards Marwa j6.3

Obligatory Elements of Safa and Marwa j6.4

Sunnas j6.5

The Way to 'Arafa j7.0

When One Departs for 'Araf j7.1

Staying at Mina j7.2

What Is Said on the Way j7.3

Arrival at Namira j7.4

Standing at 'Arafa j8.0

Sunnas j8.2

Where to Stand j8.3

Obligatory Elements of Standing at 'Arafa j8.4

Muzdelifa, Mina, and the Going Forth Circumambulations j9.0

Muzdelifa j9.1

On the way from 'Arafa to Muzdelifa j9.1

Meaning of spending the night at Muzdelifa j9.1

Valid excuses for missing the night at Muzdelifa j9.1

Stopping at Mash'ar al-Haram j9.2

Release from Ihram: the Initial Stoning at Mina j9.4

How to stone Jamrat al-'Aqaba j9.5

Release from Ihram: Cutting the Hair j9.7

Shaving It Is Optimal j9.7

Sunnas j9.8

The Going Forth Circumambulation (Tawaf al-Ifada) j9.10

Going between Safa and Marwa afterwards j9.11

Release from Ihram: General Provisions j9.12

In two stages, partial and full j9.13

Encampment and Stoning at Mina on the Days After `Eid j10.0

Time for Stoning j10.2

Avoiding the crowds j10.2(N:)

Proper Sequence for Stoning j10.3

The Second Day After 'Eid j10.4

Leaving Mina on the Second Day After 'Eid j10.6

Conditions for validity j10.6

Not permissible after sunset j10.7

Conditions for the Validity of Stoning j10.8

Leaving on the Third Day j10.9

Excuses for Not Spending the Night at Mina j10.10

The Farewell Circumambulation and Final Measures j11.0

The Farewell Cicumambulation j11.2

Obligatory for anyone leaving Mecca at any time j11.2

Two rak'as afterwards j11.3

Farewell supplication j11.3

One May Not Delay Departure Thereafter j11.4

Menstruating Women Excused from Circumambulating j11.5

Recommended Measures for Those Staying in Mecca j11.6

The Obligatory Features of Hajj and 'Umra j12.0

Description of 'Umra j12.1

The Integrals of Hajj and 'Umra j12.2

Missing an Obligatory Feature of Hajj or 'Umra j12.4

Others Preventing One's Completing the Hajj Etc. j12.5

A Full Summary of Hajj and 'Umra Expiations j12.6

Visiting the Tomb of the Prophet j13.0

Recommended j13.1

How to Visit the Prophet's Tomb j13.2

Things unlawful or offensive while visiting j13.3

Visiting al-Baqi Cemetery j13.4

Bidding Farewell to the Mosque j13.5

Sacrifice on 'Eid al-Adha j14.0

May not be given to non-Muslims j14.0

A Confirmed Sunna j14.1

Not trimming one's nails on 'Eid Day j14.1

Sacrifice Animal Specifications j14.2

Animal defects that invalidate the sacrifice j14.2

Having Another Slaughter for One j14.3

The Intention j14.4

Distributing the Meat j14.5

Sacrifice for a Newborn ('Aqiqa) and Name-Giving j15.0

Sunnas After the Birth of a Child j15.1

The Sacrifice j15.2

Name-Giving j15.3

Names of prophets are sunna j15.3(A:)

Foods j16.0

Avoiding Doubtful Foods j16.1

Animals Lawful and Unlawful to Eat j16.2

Other Substances Unlawful to Eat j16.5

If Forced to Eat Unslaughtered Meat j16.7

Hunting and Slaughtering j17.0

Only Fish or Locusts May Be Eaten Unslaughtered j17.1

Only Meat Slaughtered by Muslims Etc. Is Lawful j17.2

Conditions for Validity of Slaughtering j17.4

Measures Recommended While Slaughtering j17.5

Long-necked animals j17.7

Other animals j17.7

Unlawful to Return to Finish Cutting j17.8

Hunting j17.9

Vows (Nadhr) j18.0

Meaning of Vow j18.0

Why Many Pious Muslims Avoid Vows j18.0 (A:)

Conditions for Validity j18.1

Vows Exclude Other Than Acts of Worship j18.1

General Provisions Regarding Vows j18.2

Vows make what is vowed Obligatory j18.2

Vows conditional on some event j18.3

Vows made in the heat of anger j18.4

Inability to Fulfill a Vow j18.5(O:)

*2*Chapter J1.0: Who Must Perform Hajj and `Umra

@(O: Hajj and `umra are obligtory because of the word of Allah Most High:

"People owe Allah to make pilgrimage to the House, whoever is able to find a way" (Koran 3:97),

and,

"Complete the hajj and 'umra for Allah" (Koran 2:196),

meaning, "Perform both of them completely.")

@J1.1

(n: This section uses the following special vocabulary in addition to some of the terms previously mentioned at f8.1:

'Arafa: (syn.'Arafat) the name of a plain about thirteen miles to the eastsoutheast of Mecca.

Hajj: the pilgrimage to Mecca.

Ihram: the state of consecration that pilgrims enter for hajj and 'Umra.

Labbayk: a litany meaning, "Ever at Your service, O Allah, ever at Your service."

al-Masjid al-Haram: the Holy Mosque in Mecca that encompasses the Kaaba.

Safa and Marwa: two hillocks connected by a course adjoining al-Masjid al-Haram.

'Umra: the lesser pilgrimage or visit to Mecca that may be performed at any time of the year.)

@J1.2

Both hajj and 'umra are obligatory, though neither is obligatory more than once in a person's lifetime unless one vows (def:j18) more than that.

@J1.3

They are only obligatory for someone who:

(a) is Muslim;

(b) has reached puberty;

(c) is sane;

(d) and is able (def:j1.6-10) to make them.

@J1.4

The hajj or `umra of someone considered unable (non-(d) above) is valid (O: i.e. if he undertakes the hardship, travels, and stands at 'Arafa (def:j8), it fulfills the obligation), though not that of a non-Muslim, or a child below the age of discrimination (f1.2) who is unaccompanied by a guardian. It is valid for a child of the age of discrimination to enter the state of ihram with his guardian's permission (O: guardian meaning the person with lawful disposal over the child's property).

It is also valid for the guardian to enter ihram on behalf of an insane person or a child below the age of discrimination, in which case the guardian has his charge do as much as he is able, by having him (O: telling him to)  perform the purificatory bath (ghusl), remove clothing that has seams, and put on hajj garments; and forbidding him the things prohibited while in the state of ihram, such as perfumes and the like (def; j3.5), after which he takes him to the various places of the hajj rites (O: it being insufficient for the guardian togo alone), and performs the acts that the charge cannot do himself, such as entering into ihram (n: which the charge, lacking discrimination, is unable to make a legally valid intention for), the two rak'as after circumambulating the Kaaba, and stoning at Mina. (N: But the hajj of someone who has not reached puberty does not fulfill the obligation Islam imposes, since even though itis valid, it is supererogatory.)

@J1.5: WHO IS CONSIDERED ABLE TO PERFORM THE HAJJ

Those able to perform the hajj are of two types: those able to perform the hajj in person, and those able to fulfill the hajj by sending someone in their stead.

@J1.6: THOSE ABLE TO PERFORM THE HAJJ IN PERSON

The conditions for being considered able to perform the hajj in person are:

(a) to be healthy (O: enough to ride there without serious harm);

(b) to be able to obtain provisions for the trip;

(c) to have enough money to afford water at the going price at the places people travel through because of the water there;

(d) to have transportation suitable to someone like oneself (O: though if one cannot find any, or if it is more than the usual price (A: usual meaning that the fare to the hajj is no more than the fare to another destination of comparable distance).  then one is not obliged to perform the hajj);

(all of the above (O: (b), (c) and (d) ) apply equally to the journey there and back)

(e) to be able to pay for (b), (c), and (d), round trip, with money one has that is in excess of the amount one requires to support the members of one's family and clothe them while one is travelling there and back, and obtain leadings for oneself; and that is in excess of any money one owes for debts, even those not yet due (O: scholars concur that a debtor is not obliged to perform the hajj even when his creditor does not mind postponing the debt until after the hajj, and that a person is not obliged to perform the hajj when someone is willing to loan him the money to do so (N: though such a person's hajj would be valid, as previously discussed (j1.4) ) );

(f) and that a route exist that is safe for one's person and property from predators and enemies, whether the latter be non-Muslims or whether highwaymen wanting money, even when the amount is inconsiderable (A: including so called hajj fees, which are not countenanced by Sacred Law).  If there is no route except by sea, then one must take it if it is usually safe, but if not, then it is not obligatory. (N: These are the conditions for the obligatoriness of the hajj or`umra, meaning that if one of them is lacking, the hajj and `umra are not obligatory for that year, though if one performs them anyway, one's performance validly fulfills the rites which Islam imposes, as mentioned above at j1.4)

@J1.7

The above conditions apply equally to a woman, who in addition requires someone to accompany her to protect her, such as a husband, an unmarriageable male relative (mahram, def: m6.2), or some (O: two or more) reliable women, even if they are not accompanied by any of their unmarriageable male relatives.

@J1.8

If the above conditions are met, but there is no longer time to reach Mecca, then the hajj is not obligatory. But if time remains, it is obligatory.

@J1.9

It is recommended to perform hajj as soon as possible (N: i.e. to perform it the first year that one is able to, and likewise for `umra).  One is entitled to delay it, but if one dies without performing it after having been able to, one dies in disobedience, and it is obligatory to take out the cost for it from the deceased's estate (n: just as debts are, as at L4.3(1) ) to pay for someone to make it up (A: in the deceased's place (dis:below) ).

@J1.10: THOSE ABLE TO PERFORM THE HAJJ BY SENDING SOMEONE IN THEIR STEAD

The second type of being able to perform hajj is when one may fulfill it by sending another in one's place, the necessary conditions for which are:

(a) that one is unable to ride there (O: at all, or is able, but with great difficulty) because of chronic illness or old age;

(b) and that one either has the money (n: to hire someone to go in one's place) or (N: if lacking the money) has someone to obey one (O: by agreeing to perform the rites of hajj for one (N: at their own expense, as a charitable donation) ), even if not a family member- in which case one is obliged to either hire someone (N: in the former instance) or give permission to someone (N: in the latter instance) to perform hajj in one's place.

One may also have someone perform a nonobligatory hajj for one under such conditions.

@J1.11: THE PRIORITY OF THE OBLIGATORY HAJJ OVER ANY OTHER

It is not permissible for someone who has not yet performed his own obligatory hajj:

-1- to perform the hajj for someone else;

-2- to perform a nonobligatory hajj;

-3- or to perform hajj in fulfillment of a vow or as a makeup.

(N: If he does any of these, it counts instead as his own obligatory hajj).

@J1.12

The order of performing hajj (O: or `umra) must be:

-1- the obligatory hajj first;

-2- then a makeup hajj (def:j3.14:(c) ) if any is due;

-3- then a hajj in fullfillment of a vow, if any has been made;

-4- and then a supererogatory hajj, or one in another person's place.

If one tries to change this order, for example, by commencing a hajj with the intention for a supererogatory performance or a vow when one has not yet made the obligatory hajj, the intention is invalid, and the hajj counts instead as fulfilling the obligatory one. Te same is true for the other types (A:i.e if one extends any of the types in the order just mentioned when a prior type exists unperformed, then one's hajj counts as fulfilling the prior one, regardless of the intention).

@J1.13: WAYS OF PERFORMING THE HAJJ

It is permissible to enter ihram with the intention for any of four ways of performing the hajj, which are, in order of superiority:

-1- hajj before `umra (ifrad);

-2- `umra first (tamattu');

-3- hajj and `umra simultaneously (qiran);

-4- and the unconditional intention to perform hajj and `umra (itlaq).

@J1.14: HAJJ BEFORE `UMRA (IFRAD)

Hajj before `umra (ifrad) means to perform hajj (O: i.e enter ihram for hajj) first (O: before subsequently entering ihram for `umra) at the ihram site for people from one's country (def: j2), then (O: after having completed one's hajj) to go outside the Sacred Precinct (Haram) and enter ihram for `umra. (O: There is no special place for the second ihram: if one went to the closest place outside of the Sacred Precinct, it would suffice for this ihram of `umra.) (N: People generally go to the Mosques of `A' isha (Allah be well pleased with her) al-Tan'im because it is close.)

@J1.15: UMRA FIRST (TAMATTU')

'Umra first (tamattu') (N: perhaps the easiest and most practical way to perform hajj in our times, since one does not have to remain in a state of ihram throughout the week or more that one is generally there between the initial `umra and subsequent hajj) means to perform the `umra first (O: before the hajj) by:

(a) entering ihram for it from the ihram site for people of one's own country;

(b) during the hajj months (def:j1.19);

(c) and then (O: after finishing the `umra) performing hajj within the same year from Mecca (O: meaning to intend hajj from Mecca (n: by entering ihram there), if one wants to have to slaughter (n: in expiation, as at j12.6(I) ), which relives one of the necessity to return to the ihram site of people of one's country, though if one returns to that site to enter ihram for hajj, then one is no longer obliged to slaughter and one's ihram is valid).

It is recommended to enter ihram for hajj on 8 Dhul Hijja if one is performing `umra first (tamattu') and has an animal to slaughter. But if one does not have an animal, (O: one eners ihram) on 6 Dhul Hijja (O: so that one's (N: three day expiatory) fast (N: in place of slaughtering (def: j12.6(I) ) takes place before standing at `Arafa (A: since in the Shafi'i school, being in ihram for hajj is obligatory during these three days of fasting though for the Hanafi school, these days may be fasted before entering ihram for hajj, after one's umra), thus fasting on the sixth, seventh, and eighth, and not on the Day of `Arafa' (N:the ninth) if one was able to fast on the sixth, though if not then fasting the day of Arafa is mandatory because of the previous inability. If one does not fast it, it is a sin and the delayed fast day is a makeup, as its obligatory time is before the Day of `Arafa).  One enters ihram for hajj in Mecca from the door of one's lodgings. Then one proceeds in a state of ihram to al-Masjid al-Haram as a Meccan would (O: to perform a farewell circumambulation (tawaf al-wada'. def: j11.2) of the Kaaba, which is desirable (mustahabb) for non-Mecans who are leaving Meca to go to `Arafa. For Meccans, the farewell circumambulation is obligatory when leaving Mecca, even for a short distance).

@J1.16: HAJJ AND `UMRA SIMULTANEOUSLY (QIRAN)

Hajj and `umra simultaneously (qiran) means to enter ihram intending both (O: hajj and 'umra) at the ihram site for people of one's country, and then perform only the rites of hajj (O: Such that one does not perform an additional circumambulation or a second going between Safa and Marwa (def:j6), but rather once is sufficient to fulfill the obligation of both hajj and `umra, because the actions of the `umra have been incorporated into the actions of the hajj. The author mentions a second way of performing hajj and `umra simultaneously (qiran) by saying:)

Or the person may enter ihram first for `umra, and then before beginning his circumambulation (O: even if only by a single step), incorporate into his intention for `umra the intention to perform hajj, this taking place in the months of hajj.

@I1.17: THE OBLIGATION TO SLAUGHTER OR FAST FOR THOSE PERFORMING THE `UMRA FIRST (TAMATTU') OR HAJJ AND `UMRA SIMULTANEOUSLY (QIRAN)

A Person performing `umra first (tamattu') or performing hajj and 'umra simultaneously (qiran) is obliged to slaughter (N: a shah (def:h2.5) or to fast, as mentioned below), though if the person performing hajj and `umra simultaneously (qiran) lives within the Sacred Precinct (Haram) or within 81 km./50 ml. of it, or if the person performing `umra first (tamattu') returns to the ihram site for people of his country(N:after his umra) to enter ihram for hajj, orlives within 81 km./50mi. of the Sacred Precinct - in any of these cases he is not obliged to slaughter.

If one (O: performing `umra first (tamattu') or hajj and `umra simultaneously (qiran) ) is obliged to slaughter but:

-1- lacks an animal there (O: i.e. in the Sacred Precinct (Haram), which is the place of the obligation to slaughter, lacks meaning absolutely, as when there is not an animal available that meets slaughter specifications (def:j14.2) );

-2- or (O: there is an animal, but one lacks) its price (O: or has the price but needs the money for expenses and the like);

-3- or finds that it is being sold for more than the normal price for that locality and time;

-then one must fast three days of the hajj (O: For our school it is insufficient to fast them before the hajj, as opposed to the school of Abu Hanifa, in which it is permissible to fast them before the hajj (A: i.e. when performing the `umra first (tamattu'), fasting them after having finished the initial `umra and before entering ihram for hajj). ) It is recommended that these days be before the Day of 'Arafa (O: time permitting, as when one fasts from 1 Dhul Hijja after having entered ihram for hajj. It is unlawful to delay these fast-days till after the Day of `Arafa), and one must fast seven additional days after returning home (n: making a total of ten fast-days).

The time for current performance of the three fast-days ends after the Day of `Arafa (O: and it is not permissible to fast any of them on `Eid-al-Adha or on the three days following Eid), and if one thus delays them, it is obligatory to make them up before the other seven fast-days, by an interval between the three and seven fast-days equal to the interval that would have separated them had they been a current performance, namely the time taken by the trip (O: from Mecca to home) plus four days (O: equal to the `Eid and the three days that follow it).

@J1.18: THE UNCONDITIONAL INTENTION TO PERFORM HAJJ AND `UMRA (ITLAQ)

The unconditional intention to perform hajj and `umra (itlaq) means to merely intend entering into the performance of rites, without specifying at the time of ihram that it is for hajj, `umra,or hajj and `umra simultaneously (qiran).  After this, one may use it (O: the ihram, made unconditional by the intention) as one wishes (O: meaning to perform hajj only, `umra only, or hajj and `umra simultaneously (qiran) (A:though one may not use the unconditional intention as a way to perform `umra first (tamattu') without having to either return to the ihram site to enter ihram for hajj, or to slaughter or fast (def :1.17) ) ).

@J1.19: THE TIME OF YEAR TO ENTER IHRAM FOR HAJJ OR `UMRA 

It is not permissible to enter ihram for hajj other than during its months, namely, Shawwal, Dhul Qa'da, and the first ten nights of Dhul Hijja (A: with their days).  If one enters ihram for hajj during non-hajj months, one's ihram counts for `umra. Entering ihram for `umra is valid at any time of the year except for a person on hajj encamped at Mina for stoning (def:j10).

*2*Chapter J2.0: Sites for Entering Ihram

@J2.1

The sites for entering ihram for hajj or `umra are as follows:

-1- (N: people going to hajj from the West by plane must enter ihram before boarding it, or during the flight before it passes the airspace that is even (def:j2.3) with the city of Rabigh, on the western coast of the Arabian Peninsula, this generally being announced on the plane);

-2- Medina residents (N: or those travelling through Medina to Mecca) enter ihram at Dhul Hulayfa;

-3- residents of the Syria-Palestine region, Egypt,and North Africa enter ihram at al-Juhfa;

-4- residents of al-Tihama in Yemen enter ihram at Yalamlam;

-5- residents of Najd of Yemen and the Najd of the Hijaz enter ihram at Qarn;

-6- and residents of Iraq and Khurasan enter ihram at Dhat `Iraq, preferably at al-`Aqiq.

@J2.2

Someone at Mecca, even if merely passing through, enters ihram for hajj in Mecca, and for `umra must go (N: at least) to the nearest place outside of the Sacred Precinct (Haram), of which the best is al-Ji'rana, then al-Tan'im, and then al-Hudaybiya. Someone residing closer to Mecca than the ihram site is to Mecca should enter ihram (O: for hajj or `umra) at his residence.

@J2.3

When coming by a route lacking an ihram site, one enters ihram when even with (O: on the left or right) the ihram site that is nearest.

@J2.4

For someone residing farther from Mecca than the ihram site is,to enter ihram at the ihram site is superior (A: than for him to enter ihram at his own residence).

@J2.5: THE EXPIATION FOR NEGLECTING TO ENTER IHRAM AT THE PROPER SITE:

Someone intending hajj, `umra,or both, who passes the ihram site (O: intentionally, absentmindedly,or in ignorance of it) and enters ihram somewhere closer to Mecca,is obliged to slaughter (def:j12.6(I) ), though if he returns to the proper site and enters ihram there before having performed a single rite, he is no longer obliged to slaughter.

*2*Chapter J3.0: Ihram (The State of Pilgrim Sanctity)

@J3.1: MEASURES RECOMMENDED PRIOR TO IHRAM

When one wishes to enter ihram,it is recommended (even for a woman in menstruation) to perform the purificatory bath (ghusl), intending bathing for ihram. If there is not much water, one merely performs ablution (wudu).  It is also recommended to shave pubic hair, pluck the underarms, clip the mustache. (O: trim the nails,) clean oneself of dirt, and wash the head.

@J3.2: OBLIGATORY MEASURES BEFORE IHRAM

Then (O: if male) one:

(a) sheds any garments that have sewing in them (O: taking them off being obligatory for ihram, which is incomplete if one does not remove them before entering it);

(b) puts on a clean white mantle (Ar. rida', the rectangular piece of cloth worn over the shoulders that covers the upper body of a man in ihram) and wraparound (izar, the cloth worn around the lower body), and sandals (O: that do not enclose the foot, but rather reveal the toes and heels, as opposed to sandals that cover the toes, for wearing such sandals obliges one to slaughter (def: j12.6(II) ) );

(c) and it is recommended to perfume the body, though not one's clothes.

The above measures (j3.1) apply equally to women, although women do not divest themselves of sewn garments (O: a woman being obliged to cover all of her body except the face and hands, which, in ihram as well as in prayer, are not considered nakedness).  It is recommended that she dye her hands and face with henna (O: a measure that is desirable, and whose nonperformance is without consequence).  (A: But women do not use perfume.)

All of the foregoing are done before entering ihram.

@J3.3: ENTERING IHRAM

One then prays two rak'as, provided it is not a time when the prayer is forbidden (def:f13), intending the sunna of ihram. (O: It is sunna to recite al-Kafirun (Koran 109) in the first rak'a and al-Ikhlas (Koran 112) in the second.) Then one rises to start travelling to Mecca. As soon as one begins travelling to Mecca, one has entered ihram.

Ihram (O: which is an integral of hajj and 'umra) is the intention to enter into the performance of the rites (O: of hajj, 'umra, or both (qiran) ).  One intends in one's heart to perform the hajj for Allah Most High, if one wants to perform hajj; or to perform 'umra if one wants to; or both together if one wants to perform them simultaneously (qiran).  It is recommended that one also pronounce this intention with the tongue.

@J3.4: CHANTING "LABBAYK"

Then one chants "Labbayk" (n: as described below), raising the voice (O:enough to (N: at least) hear oneself, the raising being relative. For the duration of the time one is in ihram one raises it enough for those nearby to hear), though a woman should lower her voice when saying it (O: as raising the voice is offensive for a woman) saying: "Ever at Your service, O Allah, ever at Your service. Every at our service, You have no partner, ever at Your service. Verily, all praise, blessings, and domination are Yours. You have no partner" (O: saying this three times).

Then (O: after chanting the above) one recites the Blessings on the Prophet (Allah bless him and give him peace) in a softer voice, asking Allah Most High for paradise (O: saying, "O Allah, I ask You for paradise and its blessings," and asking for His good pleasure and acceptance (ridwan) ) and seeking refuge in Him from hell (O: saying, "I take refuge in You from Your wrath, and hell," and asking Him for whatever one wishes of the good of this world and the next).

It is desirable to chant "Labbayk" for the duration of one's ihram, whether standing, sitting, riding, walking, lying down, and even in a state of major ritual impurity (janaba), or for a woman in menstruation. It is particularly desirable when:

-1- changing from one state, time, or place to another, such as when going uphill or down, or getting on or off a vehicle;

-2- meeting groups of people;

-3- at the approach of dawn, night, or daytime;

-4- after prayer;

-5- and in all mosques.

One does not chant "Labbayk" while circumambulating the Kaabba or going between Safa and Marwa (O: as these have their own particular invocations).  It is undesirable to stop chanting it in order to speak, though if someone greets one with "as-Salamu 'alaykum," it is recommended (O: but not obligatory) to return his greeting.

When one sees something pleasing (O: or displeasing) during ihram, it is recommended to say, "Ever at Your service, truly, the real life is the life of the hereafter" (O: and if one sees the like while not in ihram, one says, "O Allah, truly, the real life is the life of the hereafter," without saying "Labbayk."

@J3.5: THINGS UNLAWFUL WHILE IN IHRAM

Five things are unlawful (dis:j12.6) when one has entered ihram. (n: Namely:

-1- Sewn garments on men (dis: j3.6);

-2- using perfume (j3.7);

-3- removing hair or nails (j3.8);

-4- sexual intercourse or foreplay (j3.13);

-5- and hunting (j3.21). )

@J3.6: SEWN GARMENTS ON MEN

The first thing unlawful in ihram is wearing sewn clothing such as shirts, trousers, moccasins (khuff, def: e6), anything else sewn (N: sewn meaning that which is for wearing, not just any sewaring, as a patched mantle or wraparound are permissible), and anything that encircles the body as sewn garments do, such as (N: those seamed) by being woven or felted together and the like.It is unlawful to cover the head with anything, sewn or unsewn, that is generally considered a headcover (O: such as a hat, cloth, bandage (N: or blanket while sleeping) ).

It is permissible while in ihram to carry a (N: sewn) bag or the like, or to tote a basket (O: on one's head, though it is unlawful if one intends it as a headcover).  (A: It is permissible to carry an umberella held in the hand for protection against the sun.)

It is not permissible of fasten one's mantle by tucking part of it through a hole, tying it together, passing a string though one end and then the other, or by tying a string to each of the two ends (N: though it is permissible to fasten it together with safety pins).

It is permissible to tie one's wraparound (O: one end to the other) or tie a string over it (O: so that it holds it fast, like a drawstring, and one may likewise use a waistband) (N: the reason for the permissibility (n: of tying the wraparound but not the mantle) being that if the wraparound but not the mantle) being that if the wraparound were to fall it wound reveal one's nakedness, unlike the mentle).  (n: Safety pins are permissible to fasten the wraparound, and are useful to make pleats at the waistline by safety-pinning two or three tucks of cloth there to gather the wraparound at the waist and leave more freedom of movement for the legs below.) (A: A belt may also be used to hold one's wraparound at the waist.)

@J3.7: PERFUME

The second thing that is unlawful after enterinmg ihram is using perfume, such as musk, camphor, or saffron on one's clothing, body, or bedding. It is also unlawful to smell roses, or bedding. It is also unlwaful to smell roses, violets, lilies, or anything fragrant; to sprinkle rose water or flowr water about; or to use scented oils (N: or scented bar soap), whether to smell them or to apply them to any part of the body.

It is also unlawful:

-1- to apply unscented oils like olive, sesame, and so on to the beard or scalp, unless one is bald (A: in which case it can be used on the skin of the head), though it is permissible to smell them or apply them to any of the body (O: except the hair of the head and face);

-2- to eat food in which the use of a cosmetic is manifest, whether in taste, color, or scent, such as the scent of rose water, the color of saffron or its taste, or the taste of ambergris in cooked grain and the like;

-3- or to use scented perspiration deodorant or eyeliner.

@J3.8: REMOVING HAIR OR NAILS

The third thing that is unlawful while in ihram (O: for both men and women, but only if one does so deliberately, knowing that it is unlawful, voluntarily, and remembering that one is in ihram) is:

-1- cutting or plucking hair (O: i.e. removing it by any means whatever), even if only part of a single hair (by shorterning it), and whether from the head, underarms, pubes, mustache, or any other part of the body (A: the obligatory expiation for one hair is to give 0.51 liters of food to the poor in Mecca, and for two hairs, twice that amount. For three or more, a full expiation (def: j12.6(ii) ) is obligatory);

-2-

or clipping fingernails or toenails, even if only part of one (A: my above remark on expiations also applies to nails).

@J3.9: THE EXPIATION FOR VIOLATING THE CONDITIONS OF IHRAM

It is necessary to slaughter a shah (def: h2.5) (n: or perform one of the other alternatives mentioned below at j12.6(II) ) when one is in ihram and one:

-1- uses perfume;

-2- wears a prohibited garment (def: j3.6) :

-3- removes three or more hairs, fingernails, or toenails (def: j12.6(II(1-2) ) );

-4- touches another person with desire in a nongential area;

-5- or applies unscented oil to one's hair (dis:j3.7).

@J3.10

A person obliged to perform such an expiation may fulfill it (A: any time thereafter) in any of the following ways:

-1- by slaughtering a shah (def: h2.5) (O: and distributing its meat to the poor and those short of money is the Sacred Precinct);

-2- by distributing 6.09 liters of food (def: h7.6) to the poor in charity, giving 1.015 liters to each person;

-3- or by fasting three days (O: even if unconsecutive).

@J3.11: ACCIDENTALLY REMOVING A HAIR

It is unlawful during ihram to comb one's beard (N: or hair) or run one's fingers through it if one knows that hair will be pulled out. When one runs the fingers through one's beard or washes the face and then notices hair in one's hand, then if one knows one pulled it out while doing this, and expiation (def:j12.6(II) ) must be paid, though if one knows that it came out by itself, or does not know whether it did or not, then one is not obliged to expiate.

@J3.12

The following things necessitate the expiation (def: j12.6(II) ), but when done out of need, are not unlawful:

-1- having to cut one's hair because of illness, heat, or lice;

-2- having to wear something sewn because of intense heat or cold;

-3- or having to cover one's head.

@J3.13: SEXUAL INTERCOURSE OR FOREPLAY

The fourth thing unlawful while in ihram is sexual intercourse or touching a nongenital area with sexual desire, such as kissing, hugging, or touching lustfully.

@J3.14

If one intentionally has sexual intercouse before finishing one's 'umra, or while on hajj before partial release from ihram (def: j9.13), then:

(a) this nullifies the hajj or 'umra;

(b) it is nonetheless obligatory to complete the hajj or 'umra from the point at which it was spoiled to the end;

(c) it is obligatory to make it up as soon as possible, even if the spoiled hajj or 'umra was merely supererogatory;

(d) and it is obligatory to pay the expiation (def:below)

(O: for the male, not the female, who need not do any thing, though it is a sin if she participated willingly) (A: the more reliable position is that if the woman was unwilling, none of the above ((a), (b), (c), or (d) ) apply to her, though if willing, (a), (b), and (c) apply to her but not (d) ).

@J3.15

The expiation for the above (j3.14) is to slaughter (A: and distribute to the poor of the Sacred

Precinct, immediately) :

-1- a camel (O: i.e. a male or female that meets slaughter specifications (def: j14.2) ), but if this is not possible (N: within the days of that hajj), then one must slaughter:

-2- a cow, but if not possible, then:

-3- seven shahs (def: h2.5), but if not possible, then:

-4- one estimates the cost of a camel and how must food (def: h76) this would buy, and then gives that much food (N: to the poor in Mecca), but if not possible, then:

-5- one fasts one day for every 0.51 liters of food, that would have been given had (4) been done (N: One may fast anywhere, but it is not permissible to delay it without an excuse.)

@J3.16 A person making up a hajj or 'umra nullified by sexual intercourse must enter ihram for the makeup hajj or 'umra at the same ihram site as the original (n: nullified) hajj or 'umra, though if one entered ihram for it at a location closer to Mecca (N: than the ihram site (dis: j2.5) ), one must enter ihram for the makeup at the (O: prescribed) site (N: for those of one's country).

@J3.17 When someone (O: in ihram who intends to make up a nullified hajj) is accompanied on the makeup hajj by the wife he made love to, he is recommended to separate himself from her while they are at the place where they had intercourse. (N: Such a makeup counts as the original hajj or 'umra would have counted: if it was obligatory, it counts as the obligatory one; if supererogatory, as supererogatory; and if vowed, as vowed.)

@J3.18

If a man has sexual intercourse after partial release from ihram (def: j9.13), it does not nullify his hajj (n: i.e does not entail j3.14 (a,b,c,d) ), though he must pay an expiation (O: of the type discussed at J12.6(II) ).

@J3.19

If one has sexual intercourse absentmindedly (O: forgetting one is in ihram or out of ignorance of its prohibition or because of being forced), then one is not obliged to do anything (A: i.e. none of J3.14(a,b,c,d) ).

@J3.20: THE PROHIBITION OF MARRYING WHILE IN IHRAM

It is unlawful while in ihram to marry, or to marry someone to another (zawwaja, def: m3.2(a) ) (O: whether one does so oneself or through an agent).  If one does so, the marriage contract is invalid. It is offensive while in ihram to get engaged to marry, or to serve as a witness for a marriage contract.

@J3.21: HUNTING

The fifth thing that is unlawful while in ihram is:

-1- to kill any wild game that may be eaten by Muslims;

-2- or to kill the offspring of matings between game animals that may be eaten by Muslims and game animals that may not be eaten by Muslims.

Someone in ihram is obliged to pay the expiation (def:below) whenever such an animal dies at his hands, is destroyed by an act of his, or is injured, in which case one must expiate in proportion to the part damaged.

@J3.22: THE EXPIATION FOR HUNTING

If the animal killed has a domestic counterpart, one may fulfill the expiation in any of the following ways:

-1- to slaughter a head of domestic livestock that is like the wild animal which was killed (O: like meaning an approximation, not actual resemblance. The criteration is the condition of the animal, not its value. One expiates a game animal that was, for example, large, small, healthy, diseased, fat, thin, or defective, with a head of livestock of the same descripation, heeding the correspondences. It is a necessary condition that the wild animal and the head of livestock share, if the animal was defective, the same type of defect, such as blindness (N: though it is permissible, indeed superior, to pay a healthy one for a defective one or a whole one for one that is lacking some part) );

-2- to estimate the value of the like head of livestock, and distribute an equal value of food (def: G7.6) to the poor;

-3- or to fast one day for every 0.51 liters of food (N: that would have been bought had (2) been done).

@J3.23

If the animal killed does not have a domestic counterpart, then one may fulfill the expiation in any of the following ways:

-1- to distribute funds to the poor which equal the value of the game animal, although if the animal was a pigeon, one is obliged to slaughter a shah (def: h2.5) (O: which is obligatory for killing even a single pigeon);

-2- to buy food equal to the animal's value and distribute it as charity;

-3- or to fast one day for each 0.51 liters of food (N: that would have been bought had (2) been done).

@J3.24

The prohibition of all things unlawful while in ihram applies to both men and women, except for not wearing sewn clothing (def: j3.6) and not covering the head, which are restricted to men. A woman, however, may not veil her face in ihram (dis: (j12.6(II(3) ) ).  If she wants to conceal it from people, she may drape something in front provided it does not touch her face (N: such as a veil worn over a cap's visor), though if it touches it without her intention, it is of no consequence.

@J3.25

It is permissible when in ihram to scratch one's head or body with one's fingernails as long as this does not remove any hair. It is also permissible in ihram to kill lice (N: or other insects harmful to humans), though if one kills a louse, it is recommended to expiate its death by giving charity, even if only a single bite of food.

*2*Chapter J4.0: Entering Mecca

@J4.1

It is recommended when one wants to enter Mecca:

-1- to perform the purificatory bath (ghusl) outside of the city with the intention of entering Mecca;

-2- to enter in the daytime, and from the Mu'alla gate of Thaniyyat Kada' (N: a pass from the direction of Jedda);

-3- to walk barefoot, provided one does not apprehend something unclean (najasa);

-4- not to annoy anyone by jostling;

-5- and after entering, to proceed to al-Masjid al-Haram.

@J4.2: WHEN ON FIRST SEES THE KAABA

When one first sees the Kaaba, it is recommended to lift the hands and say: "O Allah, increase this house in nobility, honor, reverence, and dignity. Increase those going on hajj or 'umra who honor and reverence it in honor, reverence, and piety. O Allah, You are Peace, the Source of Peace: O Lord, raise us after death in peace." And then one asks Allah for whatever one wishes of religious matters or those of this world.

*2*Chapter J5.0: Circumambulating the Kaaba (Tawaf)

@J5.1

Then one enters al-Masjid al-Haram from the Bani Shayba door (O: even if it is out of one's way, as it is sunna) prior to getting one's luggage down or finding a place to stay and so forth (O: such as deciding to rest or to eat; all this should be put off until after circumambulating the Kaaba).  Rather (n: by turns), some of one's party should stay with the luggage while others go to the mosque (O: to circumambulate), and after they finish, they return to watch the luggage so the rest can go. (O: The arrival circumambulation (tawaf alqudum) is desirable for anyone who enters al-Masjid al-Haram, whether in ihram or not.)

@J5.2: HOW TO CIRCUMAMBULATE THE KAABA

Prior to circumambulating the Kaaba one proceeds to the Black Stone (diagram: 1) (O: next to the Kaaba's door, on the east corner), drawing near to it, if one can do so without hurting others by justling. One faces the Black Stone, places the hand on it, and without a word, kisses the stone thrice and touches the forehead upon it thrice. (O: Touching, kissing, and placing the forehead on the stone are only sunna for women when the circumambulation area is vacant, whether in the night or day.)

@J5.3

One cease to chant "Labbayk" at this point, not to resume until after having finished both circumambulating the Kaaba and going between Safa and Marwa (def: j6).  One puts the center (N: of the top edge) of one's mantle under the right arm and its two ends over the left shoulder so that the right shoulder is left bare (dis: j5.13, second par.).

One begins circumambulating by first standing facing the Kaaba with the Black Stock on one's right and the Yamani corner (diagram: 8) on one's left, standing back from the stone a little towards the Yamani corner (n: i.e. behind the black stripe in the marble pavement, extending out from the stone, that marks the beginning of one's circumambulation).  One should intend performing the circumambulation for Allah Most High (O: though this intention is only necessary for a supererogatory or a departure circumambulation, not for an obligatory or an arrival circumambulation, since the intention to perform the rites of hajj or 'umra (def: j3.3) includes the intention for the latter two types of circumambulation).

Then one:

-1- places the hand on the Black Stone, and then kisses it and places the forehead one it thrice, as mentioned above (A: i.e. it is done again here to begin the circumambulation, just as it was done before circumambulation (j5.2) );

-2- says "Allahu akbar" three times;

-3- and adds, "O Allah, out of faith in You and to affirm Your book, fulfill Your covenant, and follow the sunna of Your prophet Muhammad (Allah bless him and give him peace). "

@J5.4

Then one moves sideways (A: as is recommended) to the right, passing in front of all of the Black Stone with all of the body, while facing it. When past the stone, one turns (O: from facing it) so that the Kaaba is on one's left and then proceeds to circumambulate it. (O: If one did this (N: kept the Kaaba on one's let while passing the stone) from the beginning and neglected to face the stone, it would likewise be permissible.)

@J5.5

At the Kaaba's door (diagram: 2) one says, "O Allah, verily this house is Your house, the sanctuary Your sanctuary, the safety Your safety, and this is the station of him who took refuge in You from fire" (N: i.e. the Station of Ibrahim (diagram: 3), though some hold the words mean "him who takes refuge," alluding to oneself).

@J5.6

When one reaches the corner (diagram: 4) by the opening of the Hijr (n: a semicircular wall that stands apart from the Kaaba (diagram: 5) ), one says, "O Allah, I take refuge in You from doubt, from ascribing partners to You, from discord, hypocrisy, evil traits, and from bad turns of fortune in money, spouse, and children."

@J5.7

When even with the rainspout (N: called the Spout of Mercy (Mizab al-Rahma), at the top of the Kaaba (diagram: 6) ), one says: "O Allah, shade me in Your shade on a day when there is no shade but Yours, Give me to drink from the cup of Your prophet Muhammad (Allah bless him and give him peace), a wholesome drink after which I will never thirst."

@J5.8

Between the third corner (diagram:7) and the Yamani corner (diagram:8), one should say, "O Allah, make this a pious hajj, a rewarded effort, an accepted work, and a transaction that will never perish, O All-powerful and Oft forgiving one."

@J5.9

When one reaches the Yamani corner, one does not kiss it, but touches it and then kisses one's hand.

@J5.10

One does not kiss any of the Kaaba (O: meaning that it is not required, though if one kisses any of its parts, it is not offensive, but rather is good) except the Black Stone. Nor does one touch any of it except the Yamani corner, which is the one before the Black Stone.

@J5.11

When one reaches the Black Stone, one has completed a single round (O: provided its conditions (def: j5.16) have been met).

@J5.12

One goes around the Kaaba seven times (O: the seventh ending where one began, at the Black Stone. One's circumambulation is incomplete as long as even a span remains between oneself and the place even with the stone).

@J5.13: Trotting for the First Three Rounds

It is sunna in the first three rounds of circumambulation to hasten one's gait (N: if one can do so without harming others) (O: taking close steps, without running) which is termed trotting (ramal) (O: and which is desirable for men only, not women).

Both trotting and baring the right shoulder (def:j5.3) are only called for in circumambulations that are followed by going between Safa and Marwa (def:j6).  If one wishes to go between Safa and Marwa after one's arrive circumambulation, then one does the two sunnas (O: both trotting and baring the shoulder at this point, but when one later performs one's going-forth circumambulation (tawaf al-ifada, def: j9.10), one does not do these two sunnas because that circumambulation is not followed by going between Safa and Marwa (N: if one has already gone between them before) ).

But if one wishes to go between Safa and Marwa after the going-forth circumambulation (O:which is superior), one postpones the two (O: sunnas of trotting and baring the shoulder) until then.

While trotting, one says, "O Allah, make this a pious hajj, a rewarded effort, and forgive my sins."

In the last four rounds of one's circumambulation, it is sunna to proceed at one's normal pace, while saying: "My Lord, forgive me, show me mercy, and pardon that which You know. Verily You are the All-powerful and the Most Generous. Our Lord, give us what is good in this world and the next, and keep us from the torment of hell." This supplication is particularly recommended in the odd-numbered rounds of the circumambulation (O: as they are superior. Reciting the Koran while circumambulating is better than making supplications that have not reached us through prophetic hadith, though supplications from hadith are superior to reciting the Koran during it).

@J5.14

It is recommended to kiss the Black Stone in each round (O: and to place the forehead on it, each three times) and to touch the Yamani corner, particularly in the odd-numbered rounds.

If it is not possible to kiss the Black Stone because of crowds or because one fears to hurt people (O: or be hurt) by jostling, one may touch it with one's hand and then kiss the hand. If this is not possible, one may touch it with a stick (O: or the like, such as a scarf) and kiss the stick. If this too is impossible, then one points to it (O: or the Yamani corner) with the hand (O: and it is sunna to kiss one's hand).

@J5.15

A noteworthy detail here is that there is a buttress at the base of the Kaaba that resembles a ledge and slide. It is part of the Kaaba, and when one kisses the stone, one's head is in the space above the buttress. So one is obliged to keep one's feet motionless until one finishes kissing the stone and straightens up, after which one continues circumambulating. (N: One may not move one's feet as part of the circumambulation while one's head is within the space above the buttress, as it nullifices that particular round because of the condition (dis: j5.16(j) ) that circumambulation be done around the Kaaba, and not within its confines.) If, when leaning over to kiss the stone, one's feet move even a finger's width towards the Kaaba's door, and after this, one continues circumambulating, then that particular round does not count (O: nor do the others that come after it, if one limits oneself to just those seven, considering the spoiled one as a valid round. But if one adds an extra round (N: to make up for the invalid one), then one's circumambulation is valid).

It is more precautionary when one has straightened up from kissing the stone, to step back to the left towards the Yamani corner (j5.2 diagram: 8) enough to ensure that one is where one was before kissing the stone. (N: The same is true of touching the Yamani corner with one's hand.)

@J5.16: The Conditions of a Valid Circumambulation

The conditions of a valid circumambulation (O: of any kind, obligatory or nonobligatory) are:

(a) that one's nakedness (def: f5.3) be clothed, because the round is invalid whenever any of one's nakedness shows, even a single hair of a woman's head (O: meaning that the particular round in which it showed is invalid, provided it was done intentionally. If it happened inadvertently and the woman immediately covered it (A immediately meaning after no more than the time required to say "Subhan Allah"), then it does not invalidate that round, though if she does not cover it until after it is showing, the subsequent round takes the place of the above-mentioned invalid one);

(b) ritual purity (O: from minor (hadath) and major (janaba) impurity) (n: though for Hanafis, touching a marriageable member of the opposite sex (N: despite being unlawful) does not nullify one's ablution (Maraqi al-falqh sharh Nural-idah (y126), 17), and considering the difficulty of avoiding it at a contemporary hajj, taking the dispensation seems a virtual necessity);

(c) to be free from impure substances (najasa) on one's person, clothing, and the place of walking while circumambulating;

(d) that it take place within al-Masjid al-Haram;

(e) that one's circumambulation comprise seven full rounds;

(f) that it begin from the Black Stone, as described above, and that one pass by all of the stone with all of one's body, for ifone begins from another part of the Kaaba, then the round does not count until one reaches the stone, from whence it begins;

(g) that one keep the Kaaba on one's left and move towards the door (j5.2 diagram: 1-2);

(h) that each round be outside of the Hijr (diagram: 5) such that one does not enter the opening between the Hijr and the Kaaba and then exit though the other opening;

(i) and that all of the body of the person circumambulating be exterior to all parts of the Kaaba, such that while walking around it, one does not put one's hand in the space above the buttress previously mentioned (j5.15), which violates the condition of being wholly outside all of the Kaaba while making one's rounds.

@J5.17

Everything besides the above conditions is sunna (N: not obligatory), such as trotting in the first three rounds, the various supplications, and the other things previously mentioned.

@J5.18: Two Rak`as after Circumambulation

When one has finished circumambulating, and after putting one's mantle over both shoulders, it is recommended to pray two rak'as for the sunna of circumambulation (O: and it is best to perform them) behind the Station of Ibrahim (j5.2 diagram: 3), In the first rak'a, one recites al-Kafirun (Koran 109), and in the second, al-Ikhals (Koran 112).

After this, one supplicates Allah from behind the station (O: if one prays there. Otherwise, one may perform the two rak'as (N: in order of superiority) in the Hijr (diagram: 5), al-Masjid al-Haram, the Sacred Precint, or whenever and whereever one wishes to pray them, and they remain a current performance until the day one dies. It is sunna to recite the suras aloud in these two rak'as if performed at night, and to recite them to oneself if performed during the day. It is desirable to make the supplication related by Jabir, who said that the Prophet (Allah bless him and give him peace) prayed two rak'as behind the station (N: of Ibrahim) and then said:

"O Allah, this is Your city, and al-Masjid al-Haram, and Your inviolable house, and I am Your slave, the son of Your slave and bondwoman. It have come to You with many sins, mistakes, and wicked acts, and this is the station of him who took refuge in You from the fire; so forgive me, verily You are the All-forgiving and Compassionate. O Allah, You have called Your servants to Your inviolable house, and I have come, asking for Your mercy and seeking what pleases You, and You are the Rewarder, so forgive me and have mercy on me, verily You have power over everything").

Then one returns to the Black Stone and touches it (O: kisses it, and bows one's head upon it).

*2*Chapter J6.0: Going Between Safa and Marwa (Sa`y)

@J6.1

Then it is recommended to exit through the Safa door of al-Masjid al-Haram if one wishes to go between Safa and Marwa immediately. (O: It is necessary for the validity of going between Safa and Marwa (N: for hajj) prior to the Day of 'Arafa that one do so after one's arrival cicumambulation (tawaf al-qudum) (N: though one may not do so on an 'umra first (tamattu') hajj, for which the initial circumambulation and going between Safa and Marwa are part of one's 'umra (dis: j12.2(c) ) ), nor do so after a supererogatory or farewell circumambulation.) One may postpone it until after the going-forth circumambulation (tawaf al-ifada, def: j9.10) (O: which is superior).

@J6.2: How To Go Between Safa and Marwa

One begins from Safa. It is recommended:

-1- for men (O: not women) to climb upon Safa the height of a person, so that one can see the Kaaba through the mosque's door, and to face the Kaaba;

-2- to say: "La ilaha illa Llah, Allahu akbar," and "There is no god but Allah alone, without partner. His is the dominion, His the praise, He gives life and causes to die, all good is in His hand, and He has power over everything. There is no god but Allah alone, without partner. He kept His promise, give His slave the victory, and routed the Confederates alone. There is no god but Allah. We worship none but Him making our religion sincerely for Him, though unbelievers be averse";

-3- to supplicate for whatever one wishes (O: which is called for here because it is one of the places where prayers are answered. 'Umar (Allah be well pleased with him) used to supplicate lengthily here);

-4- and to repeat (2) and (3) a second and third time.

@J6.3

Then one descends from Safa and walks (O: towards Marwa) at one's normal pace until within three meters of the first green marker suspended from the left wall. Here one runs (N: women walk) until midway to the second green marker, at which midpoint one resumes one's usual pace until one reaches Marwa. One claims Marwa and says the same invocation as was said at Safa. This is once.

Then one descends from Marwa and returns, walking and running at the proper places, until one reaches Safa. This is twice.

At Safa one says the same invocation and supplication, and then goes back to Marwa, which is three times.

One repeats the process until one has completed seven times, finishing at Marwa.

@J6.4: The Obligatory Elements of Going Between Safa and Marwa

The obligatory elements (O: i.e. conditions for the validity) of going between Safa and Marwa are four:

(a) to begin at Safa. If one begins at Marwa and walks to Safa, this does not count and one's going between them is not considered to have begun until one reaches Safa;

(b) to traverse the entire distance. It would be invalid if one neglected even a single span or less of the distance. One must begin by putting one's heel against the wall at Safa, and finish at Marwa by putting the toes against the wall there (N: the course has now been enlarged and paved so that one's going between them is complete without having to reach the walls that are currently there. Rather, between the two sides of the paved track (n: the lanes for going and coming) there is a smaller track for wheelchair patients, and the ends of this smaller track currently represent the minimal distance);

(c) to complete seven times: from Safa to Marwa equals one, from Marwa to Safa is another one, and so on, as mentinoed above. If doubts arise while going between them as to how many times it has been-or while circumambulating the Kaaba, how many rounds have been done-then one assumes one has done the least number one is sure of and completes the rest (O: though if the doubts arise after finishing, one need not do anything);

(d) and that going bewteen Safa and Marwa take place after the going-forth circumambulation (tawaf al-ifada, def: j9.10) or else after one's arrival circumambulation, provided that standing at 'Arafa does not intervene between the arrival circumambulation and going between Safa and Marwa (dis: j6.1).

@J6.5: The Sunnas of Going Between Safa and Marwa

The sunnas of going between Safa and Marwa are those previously mentioned (j6.2-3), to have ablution (wudu), that one's nakedness (def: f5.3) be clothed, and to say while between Safa and Marwa:

"My Lord, forgive, show mercy, and overlook that which Your know. Virify Your are the Most Powerful and Generous. O Allah, our Lord, give us what is good in this world and the next, and protect us from the torment of hell."

If one recites the Koran (A: while going between them) it is better (O: than anything besides the invocations that have reached us in hadith (A: i.e. the above), which are better here than reciting the Koran).

@J6.6

It is not recommended to repeat going between Safa and Marwa.

*2*Chapter J7.0: The Way to `Arfa

@J7.1

On 7 Dhul Hijja it is recommended for the imam (A:i.e. the caliph or his representative) to give a sermon after the noon prayer (zuhr) in Mecca (O: at the Kaaba), instructing the pilgrims about the rites they will soon perform, and ordering them to go forth on the following day (O: the morning of the eighth) to Mina.

@J7.2

The imam goes forth with them after the dawn prayer (subh) on 8 Dhul Hijja.

He prays the noon, midafternoon, sunset, and nightfall prayers with them at Mina, and they spend the night and pray the following dawn prayer there. When the sun rises over the mountain at Mina that is called Thabir, they proceed to 'Arafa.

Spending the night and staying at Mina during this time are a sunna (O: and not part of the hajj rites.

If one does not spend the night at Mina at all, or go there, it does not entail any consequences) that many people no longer do, but come to 'Arafa at the end of the night with lighted candles. The lighting of candles is a disgraceful innovation (O: as is their coming there a day or two before of Dhul Hijja, a mistake that contravenes the sunna, and through which they miss many other sunnas).

@J7.3

It is sunna on the way to 'Arafa to say: "O Allah, to You I betake myself, seeking Your noble countenance. Forgive me my sins, make my hajj a pious one, show me mercy, and do not disappoint me"; and to do much of chanting "Labbayk," invocation (dhikr), supplication, and Blessings on the Prophet (Allah bless him and give him peace).

@J7.4

When the pilgrims reach a place called Namira (N: the site of a large mosque) just before 'Arafa, they stop, and do not immediately enter 'Arafa. When the time for the noon prayer comes, it is sunna for the imam to give two sermons before the prayer, and then they pray, joining the noon and midafternoon prayers together. This too is a sunna that few follow.

*2*Chapter J8.0: Standing At`arafa

@J8.1

Then they enter 'Arafa after the sunna bath (ghusl) for standing at 'Afra, chanting "LabbayK" in lowliness and humility.

@J8.2: The Sunnas of Standing to `Arafa

It is recommended to stand exposed to the sun (O: and not take shade beneath a tent, umberella, or other, unless there is an excuse such as harm from exposure) facing the direction of prayer (qibla) with one's heart fully attentive and not occupied with this-Worldly matters, and to do much of chanting "Labbayk," reciting the Blessings on the Prophet (Allah bless him and give him peace), asking Allah's forgiveness, supplicating, and weeping, for here tears are shed and mistakes annulled.

The greater part of one's words would be: "There is no god but Allah alone, without partner. His is the dominion, His the praise, and He has power over everything." And one should pray for one's family, friends, and all Muslims.

@J8.3

It is recommended to stand (O: if possible without hurting anyone) by the large round boulders that lie at base of the hill called Jabal al-Rahma (lit... "Mount of Mercy").  As for climbing Jabal al-Rahma, which lies in the middle of 'Arafa, there is no merit in doing so (O: above the merit of standing in other parts of 'Arafa).  Standing is valid any where in the whole expansive plain, and this bluff is merely a part of it, the same as any other, though standing by the boulders below is better (A: as the Prophet (Allah bless him and give him peace) did so).

It is better to be mounted, and not fasting.

It is best for women to sit at the edge of the crowd (O: not in the middle of if, because men should not randomly mix with women).

@J8.4: The Oblugatory Elements of Standing at `Arafa

The obligatory elements of standing at 'Arafa are:

(a) to be present (O: while in ihram) in some portion of 'Arafa;

(b) while sane and in full possession of one's faculties;

(c) at some point between the noon prayer (zuhr) on 9 Dhul Hijja and dawn of the following day.

(O: It is sunna to remain at 'Arafa until sunset so as to include both night and day.) Anyone who is present and sane during any of this time, even if merely passing though for a moment, has accomplished the hajj (O: as the Prophet (Allah bless him and give him peace) said, "The pilgrimage is 'Arafa," meaning that most of it is 'Arafa).

Someone who misses standing at 'Arafa or who spends it unconscious has missed the hajj and he releases himself from ihram by performing the rites of 'umra; that is, by circumambulating, going between Safa and Marwa, and cutting his hair, and he is thus released from his ihram.

Such a person is obliged to make up the hajj and to slaughter as do those who perform an'umra first (tamattu') hajj def: j12.6(I) ).

*2*Chapter J9.0: Muzdelifa, Mina, and the Going-Forth Circumambulation

@J9.1: Muzdelifa

When the sun sets on 9 Dhul Hijja, those on hajj go forth to Muzdelifa, occupied with invocation (dhikr), chanting "Labbayk," proceeding with tranquility and dignity, not jostling or injuring others (though if the way is clear it is desirable to hurry), and they join the sunset and nightfall prayers in the time of the nightfall prayer ('isha) at Muzdelifa. (O: It is necessary to have made the intention to join the prayers while in the time of the sunset prayer.)

When they reach Muzdelifa, they stop, pray, and spend the night their (O: which is best, and optimal.

If one cannot spend the night, then the obligation to be present to Muzdelifa can be met by coming there, even for a brief moment, during the second half of the night, for spending the night merely means to be present there during the second half of the night, not actually staying overnight, as opposed to spending the night at Mina (dis: j10.4), which must be for the greater part of the night. If someone misses spending the night at Muzdelifa in the above-mentioned sense, does not return there before dawn, and has no excuse (N: of those given below), then he is obliged to slaughter as one does for an 'umra first (tamattu') hajja (def:L j12.6(I) ).  But if he misses spending the night there for one of the same reasons which justify not spending the night at Mina (def: j10.10), then he is not obliged to slaughter.

Other valid excuses for not spending the night at Muzdelifa include:

-1- being occupied with standing at 'Arafa because of not having arrived there until after sunset, since it is more important than Muzdelifa;

-2- or going forth from 'Arafa after the middle of the night to Mecca in order to perform the (A: obligatory) going-forth circumambulation (tawaf al-ifada), missing Muzdelifa because of being occupied with it, since it too is more important than Muzdelifa.

In either of these two cases, one does not have to slaughter (A: for having missed Muzdelifa) ).

In the morning, the pilgrims pray the dawn prayer at the first of its time.

The also pick up seven pebbles not one stone broken into seven (O: which is offensive), to throw at the stoning site (Ar. jamra, the enclosed round space with a pillar in the middle of it) at Mina, and it is best that these be the size of a broadbean (N: i.e. about the size of a thumbprint).

@J9.2: Stopping at Al-Mash`ar Al-Haram

After the dawn prayer, it is sunna to stop by a hill at the last of Muzdelifa (O: in the direction of Mina) called al-Mash'ar al-Haram (lit. "the Sanctuary Landmark"), which it is recommended to climb if possible. (A: Others hold that al-Mash'ar al-Haram refers to all of Muzdelifa.) It is desirable to face the direction of prayer (qibla), to do much of chanting "Labbayk," supplication, and invocation (dhikr), and to say, "O Allah, as You have brought us to stand in it and shown us to it, so too, give us success in Your remembrance, as You have guided us. Forgive us, and show us the mercy You have promised us by saying (and Your word is the truth) :

"'And when you move on from 'Arafa, remember Allah at al-Mash'ar al-Haram. Remember Him, for He has guided you though you were astray. And then go forth from where the people go forth, and seek Allah's forgiveness. Truely Allah is Oft-relenting and Most Compassionate' (Koran 2:198-99).

"Our Lord, give us what is good in this world and the next, and keep us from the torment of hell."

@J9.3

When the day lightens considerably, the pilgrims proceed to Mina with gravity and tranquility before the sun rises.

@J9.4: Release from Ihram: The Initial Stoning at Mina

When the pilgrims, reach the valley of Muhassir near Mina, it is sunna to quicken their step for a distance of a stone's throw. Then they take the middle way which leads to (N: one of the three stoning sites called) Jamrat al-'Aqaba. They stone it as they are when they arrive (O: i.e. if mounted, they stone it mounted, and if on foot, they stone it on foot) with the seven stones picked up from Muzdelifa. These may be picked up from anywhere, not necessarily Muzdelifa, though it is offensive to take them from the stoning sites themselves, laterines (O: or other unclean places), or around mosques (O: which is not merely offensive but rather unlawful if they are taken from grounds included in the endowment (waqf, def: k30) for the mosque).

@J9.5

When one begins to stone Jamrat al-'Aqaba, one ceases chanting "Labbayk," and does not resume it thereafter (O: as its time is over, which was the period, of ihram, and stoning Jamrat al-'Aqaba is the first step to release from ihram).

The (O: optimal way to stone Jamrat al-'Aqaba is to stand in the middle of the valley after the sun is up so that 'Arafa lies to the right, Mecca to the left, and the stoning-site before one, and to throw the pebbles, one by one (O: as throwing them two at a time or all at once counts as having thrown one pebble) with the right hand, saying "Allahu akbar" with each pebble, lifting the arms high enough when throwing (O: if male, though not if female) that the underarm shows, and to actually throw the pebbles (O: meaning hard enough to be considered throwing), not merely flick them off the thumb with the forefinger. (n: The minimal conditions for the validity of stoning are given at j10.8)

@J9.6

When finished stoning (N: Jamrat al-'Aqaba), one slaughters a voluntary sacrifice animal (hady) driven to hajj or one due by reason of hajj (dis: j12.6); or other sacrifice animal (udhiya, def: j12).

@J9.7: Release from Ihram: Cutting the Hair

Then men have their entire head shaved, which is optimal, though one may confine oneself to (O: removing (A: by any means) ) three hairs thereof (O:i.e. from the head, not something else such as the beard or mustache), or many merely shorten it, for which the optimal is to clip a little less than two centimeters from all the hair.

As for women, it is optimal for them to shorten their hair in the latter way (O: it being offensive for a woman to shave her head).

@J9.8

While having one's hair cut it is best:

-1- to face the direction of prayer (qibla);

-2- to say "Allahu Akbar" (O: that is, "Allahu akbar, Allahu akbar, Allahu akbar, walillahil-hamd");

-3- for the person shaving to start from the right;

-4- and to bury the hair afterwards (O: a measure recommended for any parts separated from a living being).

@J9.9

Cutting the hair is an integral without which the hajj remains unfinished (O: and which may not be compensated for by merely slaughtering), and a person remains in ihram until it is done. Someone without hair can simply pass a razor over his head (O: which is recommended, not obligatory, because it is a rite whose condition is the existence of a particular site, as it also the case with washing a hand (n: for ablution) when the hand has been amputated (A:i.e. it need not be done if the site does not exist).

After one's hair, has been cut, it is sunna to say, "O Allah, for each hair reckon for me a good deed, annul a bad one, and raise me a degree. Forgive me, those who shave their hair, those who shorten it, and all the Muslims").

@J9.10: Release from Ihram: The Going-Forth Circumambulation (Tawaf Al-Ifada)

On the same day (A: 10 Dhul Hijja) one enters Mecca and performs the going-forth circumambulation (tawaf al-ifada), which is an integral without which the hajj remains unfinished (O: the author's expression "without which the hajj remains unfinished" meaning that it may not be compensated for by merely slaughtering, though the time it may be performed is anytime thereafter, according to our school. The Hanafis hold it must be done by sunset on 12 Dhul Hijja, and if the sun

sets and one has not performed it, this obliges one to slaughter), and one remains in ihram until one does it. Its obligatory features are as described above (dis: j5.16).

After it, one prays two rak'as (O: intending the sunna of circumambulation (def: j5.18) ).

@J9.11

Then, if one has already gone between Safa and Marwa after the arrival circumambulation (dis: J6.1), one does not repeat it, though it he has not yet done it, one must do so, since going between Safa and Marwa is also an integral without which the hajj is unfinished, and one remains in ihram (O: legally, regarding one's relations with women (dis: j9.13) ) until it is performed.

@J9.12: Release From Ihram: General Provisions

The best order in which to perform:

-1- stoning Jamrat al-'Aqaba;

-2- cutting the hair;

-3- and the going-forth circumambulation (tawaf al-ifada); is (1), (2) and (3) (O: and the sunna is to do all three on this day), though it is valid to do them in some other order.

The time for these three begins at the middle of the night (A: between sunset of 9 Dhul Hijja and dawn of the tenth) on 'Eid al-Adha (O: though it is best for the stoning to take place after sunrise).  The (O: preferred) time for stoning Jamrat al-'Aqaba ends at the end of the day of the 'Eid (O: at sunset. As for the permissible time, it lasts until the end of the three days after the 'Eid. The best time to stone on 'Eid al-Adha finishes at noon. Thus, the stoning has three times: the best, the preferred, and the merely permissible), while the time for cutting one's hair and the going-forth circumambulation lasts indefinately, even if years.

@J9.13

The release from ihram in hajj is in two stages, partial (lit. "first") and full ("second").

Partial release from ihram occurs when any two of the three rites of stoning, cutting the hair, and the going-forth circumambulation are performed, whether cutting the hair and stoning, cutting the hair and circumambulation, or stoning and circumambulation. Doing any two of them accomplishes partial release from ihram, rendering permissible all the things that were made unlawful by ihram (def: j3.5) except those relating to women, such as sexual intercourse, getting married, or touching with desire.

Full release from ihram occurs when all three rites have been performed, and it renders permissible everything made unlawful by ihram (O: though one still has to stone at the three stoning sites and stay overnight at Mina during the days following the 'Eid (Ayam al-Tashriq) ).

*2*Chapter J10.0: Encampment and Stoing at Mina on the Days after `Eid

@J10.1

When finished with the going-forth circumambulation (tawaf al-ifada) and going between Safa and Marwa (O:i.e. doing the latter if one had not previously performed it after the arrival circumambulation (dis: j6.1) ), one is obliged to return to Mina (O: to stay overnight there and stone on the days following the 'Eid (Ayam al-Tashriq).  It is desirable to arrive before noon to perform the noon prayer there as the Prophet did (Allah bless him and give him peace) ), and one spends the night there.

One picks up twenty-one pebbles from Mina on the days after the 'Eid (the first of which is the second day of the 'Eid), taking care to shun the three places mentioned above (dis:j9.4 (end) ).

@J10.2

After the time for the noon prayer has come (O: on 11 Dhul Hijja, the first day after the 'Eid) one stones with the pebbles before performing the noon prayer.

(N: It is well to mention some ruling about stoning that enable one to avoid the crowding at Mina on a contemporary hajj. The time for stoning on each of the three days that follow the 'Eid (Ayam al- Tashriq) begins at noon of that day and all of one's stoning until the afternoon of the third day, having remained to Mina until then. But in such a case, the correct order is still Obligatory: one must begin by stoning with the intention of performing it for the first day, standing at the first the third (Jamrat al-'Kubra).  then the second site (Jamrat al-Wusta), and then the third (Jamrat al-Aqaba) Then one stones with the intention of performing it for the second day, the first stoning site first, then the second, then the third. And then one stones for the third day, observing the same order.)

@J10.3: The Proper Sequence for Stoning

The first site one stones (O: called Jamrat al-Kubra) is the one closest to al-Khayf mosque. One (A: optimally) walks up to it, keeping it on one's left and facing the direction of prayer (qibla), stones it pebble by pebble as mentioned above (j9.5), and turns from the direction of prayer to avoid others' pebbles, after which one puts the stoning site behind one and again turns to the direction of prayer, to supplicate and invoke Allah humbly and imploringly for as much time as it takes to recite al-Baqara (Koran 2) (N: about an hour).

One then proceeds to the second site (O: called Jamrat al-Wusta), repeats the stoning procedure, and when finished, supplicates (O: and invokes Allah Most High) for as long as it takes to recite al-Baqara.

Then one goes to the third site, which is Jamrat al- `Aqaba that was previously stoned with seven pebbles on `Eid al-Adha, and stones it as one did at that time (dis: j9.5), facing it with the direction of prayer (qibla) to the left, though when finished, one does not stand there.

@J10.4: The Second Day After the `Eid

One is obliged to spend the night at Mina (A: that evening, after sunset on 11 Dhul Hijja).

The following day, the second day after the `Eid (A: i.e. 12 Dhul Hijja), one picks up twenty-one pebbles, and after the noon prayer's time has come, one stones the three stoning sites as described above, seven pebbles at each site. It is not permissible to stone for each of the days after the `Eid until after the noon prayer's time arrives.

The correct sequence of stoning the sites is obligatory: the one closest to al-Khayf mosque first, the middle one second, and Jamrat al-`Aqaba third.

@J10.5

It is recommended to take a bath (ghusl) each day for stoning.

@J10.6: The Permissibility of Leaving Mina on the Second Day

After stoning on the second day after the `Eid, it is recommended for the imam to give a sermon informing people about the permissibility of leaving early (A: on the second day rather than the third) (O: which is permissible provided:

(a) that one's departure takes place after the noon prayer's time has come;

(b) after having stoned the three stoning sites;

(c) that one 's departure is from Mina itself,

as it is not permissible to leave directly from Jamrat al-`Aqaba, in view of the position that it is not part of Mina;

(d) that one intends leaving while within the boundaries of Mina;

(e) and that one leaves before sunset).

Then the imam bids them farewell.

@J10.7

One then has a choice between leaving early on the second day after the `Eid, or waiting (A: until having stoned on the third day).  If one wishes to leave early, one may do so, provided the departure from Mina occurs before sunset. If the sun sets and one is still at Mina, it is not permissible to leave early, and one is obliged to spend the night there and stone the sites the next day.

If one does not wish to leave early, one stays overnight at Mina, picking up twenty-one pebbles and stoning the sites on the following day after the time of the noon prayer has begun, as previously mentioned.

@J10.8: Conditions for the Validity of Stoning

(O: Having mentioned the conditions for stoning in various rulings above, it is well enumerate all seven together:

(a) that seven pebbles be used;

(b) that they be thrown one by one;

(c) that one's action may be termed throwing, not merely putting the pebbles into the throwing place;

(d) that what is thrown be some form of stone;

(e) that it be done with the hand, as a bow or foot would be inadequate;

(f) that one aim at the throwing place;

(g) that one be certain that the pebble reaches it, even if it falls out again, for if one doubts that the stone reached it, then that stone does not count;

(the above seven conditions hold for both `Eid al-Adha (dis: j9.5) and for the days following the `Eid, though the days following the `Eid require two additional conditions:)

(h) that the stoning be done after the time for the noon prayer arrives;

(i) and that one stone the three sites in the proper sequence (dis: j10.3). )

@J10.9

Then one (O: who has (n: remained at Mina and) stoned on the third day after the `Eid) leaves (O: after stoning. None of the conditions for leaving early (def: j10.6) are necessary to leave at this point).

@J10.10: Valid Excuses for Not Spending the Night at Mina

(O: If there is an acceptable excuse for not spending the night at Mina, then not doing so does not entail any consequences. Excuses include:

-1- having property one fears to lose were one to stay overnight;

-2- fearing for one's person or the funds with one;

-3- having a sick person with one who requires care;

-4- having an illness that makes spending the night a hardship;

-5- or a similar excuse.

People in such circumstances do not have to spend the night, and may leave on the second day after the `Eid, even after sunset.

These excuses, which permit one to not spend the night at Mina, likewise permit not spending the night at Muzdelifa, in connection with which some other excuses have been previously mentioned (dis: J9.1(1-2) ). )

@J10.11

It is recommended (N: after leaving Mina) to spend the night at al-Muhassab, which is by the mountain near the cemetery of Mecca, one's hajj now being finished.

*2*Chapter J11.0: The Farewell Circumambulation and Final Measures

@J11.1

If one wishes to perform the `umra, one may do so (O: i.e. enter ihram for it) from any point outside of the Sacred Precinct (Haram), as mentioned below in the description of `umra (def: j12).

@J11.2: The Farewell Circumambulation

When one wants to return home, one comes to Mecca and performs the farewell circumambulation (tawaf al-wada`) (O: as is obligatory. It is disobedience to Allah to leave without the farewell circumambulation, and one must return to Mecca to perform it if still within 81 km./ 50mi. of it.

If farther than this, one is not obliged to return, but must slaughter (def: j12.6(I) (N: i.e. if one goes by the position that the farewell circumambulation is obligatory,though slaughtering is sunna if one goes by the position (A: the weaker position in the Shafi`i school) that the farewell circumambulation is merely sunna).  The integrals and conditions of the farewell circumambulation are the same as the obligatory circumambulation (def: j5.16).

The farewell circumambulation is not only for those performing hajj or `umra, but is required from (A: i.e. obligatory for) anyone leaving Mecca a considerable distance, no matter whether intending to return or not).

@J11.3

After the farewell circumambulation, one prays two rak`as (O: a sunna in our school) and stands at the place between the Black Stone and the door of the Kaaba, and supplicates: "O Allah, the house is Your house, the servant Your servant and son of Your two servants. You have carried me on a creature You have made submissive to me, bringing me to Your city and showing me Your grace that I might fulfill Your rites. If You are pleased with me then be the more so, and if not, then bless me now before my residence and the place where I am visited grow far from Your house. Now is the time I depart if You permit me, who seek none but You and no other than Your house, and am not averse to You or Your house. O Allah, give me good health in body and protect me in my religion. Make my affairs turn out well and give me the sustenance of obedience to You as long as You let me live. Give me the best of this world and the next, for truly, You have power over everything. "One blesses the Prophet (Allah bless him and give him peace), and then walks away normally (O: turning one's back on the Kaaba) without backing away from it (O: while facing it, as many people do, which is offensive because it is a reprehensible innovation (bid'a, def: w29.3) ).

@J11.4

One then immediately prepares for departure. If one stops to stand (O: lengthily), or becomes involved in something unconnected with travel (O: like shopping, paying a debt, visiting a friend or sick person, and so forth), then one's farewell circumambulation is invalid (A: though such things do not nullify it in the Hanafi school) and it is obligatory to repeat it. But if one's activity concerns travelling, such as making one's baggage fast or buying travel provisions and the like (O: such as a rope with which to tie up one's baggage) then it is permissible.

@J11.5

A woman in her monthly period may depart without a farewell circumambulation, and need not slaughter in expiation (O: though it is sunna for her to come to the door of the mosque and say the supplication mentioned above (j11.3) ).

@J11.6: Recommended Measures for Those Staying in Mecca

It is recommended to do much of:

-1- performing `umra (O: the whole time one is in Mecca, especially in Ramadan);

-2- looking at the Kaaba (O: as it is said that Allah Most High sends down one hundred and twenty mercies day and night upon the Noble House, sixty for those circumambulation, forty for those praying there, and twenty for those looking at it);

-3- drinking the water of the Well of Zamzam for whatever intention one wishes, religious or this-Worldly (O: as the Prophet (Allah bless him and give him peace) said,

"The water of Zamzam is for whatever it is drunk for."

It is sunna to face the Kaaba while drinking, to breathe three times, and say "al-Hamdu lillah" and "Bismillah" each time one drinks), drinking one's fill of it;

-4- and visiting the noble places of Mecca (O: which are many, such as the birthplace of the Prophet (Allah bless him and give him peace) and that of `Ali (Allah be well pleased with him).

@J11.7

It is unlawful to take the slightest bit of the earth of the Sacred Precinct or its stones, or take cups or jugs made from the clay of the Sacred Precinct of Medina.

*2*Chapter J12.0: The Obligatory Features of Hajj and `Umra

@J12.1: A Description of `Umra

The `umra consists of entering ihram as one does for hajj (def:j3) (o: resembling the hajj in the Obligatoriness of the intention when one enters ihram, in the sunna of bathing (ghusl) for it, and in the necessity of divesting oneself of sewn clothing before or after the intention).  If one is a Meccan (N: or a temporary resident (dis: j2.2) ), one must go to (n: enter ihram from at least as far as) the nearest place outside of the Sacred Precinct. If one is from outside (O: meaning a stranger travelling towards Mecca), then one enters ihram at the ihram site (O: which one passes, meaning the hajj ihram sites (def: j2.1) ), as previously mentioned. All of the things unlawful while in ihram for hajj (def: j3.5) are unlawful while in ihram for `umra.

Then one enters Mecca and performs the circumambulation (def: j5.16) of 'umra, though the arrival circumambulation (tawaf al-qudum) is not called for by Sacred Law (O: at all, since one is performing an Obligatory circumambulation).

One then goes between Safa and Marwa (j6), and finally shaves the head or shortens the hair (def: J9.7) (O: the former being preferable for men and the latter for women).  When this has been done, one is released from the ihram of 'umra.

@J12.2: The Integrals of Hajj and `Umra

The integrals of 'umra are:

(a) ihram (def: j3);

(b) circumambulation (def: j5.16);

(c) going between Safa and Marwa (def: j6.4);

(d) shaving or shortening the hair (def:j9.7);

(O: and performing them in the order given which is a fifth Integral).

@J12.3

The integrals of hajj are these four (n: (a), (b), (c), and (d) above) plus standing at 'Arafa (def: J8.4).

The hajj's other requisites (wajibat, dis: c2.1(A:) ) are:

(a) that one enter ihram at the proper site (def: j2.1-2);

(b) stoning the stoning sites at Mina (def: j9.4,j10);

(c) staying the nightt at Muzdelifa (def:j9.1) (N:another position is that this is sunna and not obligatory);

(d) staying the nights following the 'Eid at Mina (def:j10.1,4,7);

(e) and the farewell circumambulation (def:j11.2).

Everything besides the above is sunna.

@J12.4: The Nonperformance of an Obligatory Feature of Hajj or `Umra

Someone who does not perform an integral (N: of hajj or 'umra) remains in ihram until he performs it.

Someone who does not perform some other obligatory feature of them must slaughter in expiation (def:j12.6(I) ) (O:if he does not return and perform it before its time is finished, as in such cases as:

-1- returning to enter ihram at the proper site before one starts circumambulating (dis: j2.5), though if one returns after having begun circumambulating, it does not lift the obligation to slaughter;

-2- not spending the night at Muzdelifa (j9.1), which necessitates slaughtering if one does not return before sunrise, though to do so after sunrise does not lift the obligation to slaughter;

-3- or not spending most of the night at Mina, if one does not return to it before most of the time has passed, though if one does (n:return while most of it remains), then one need not slaugther.

And similarly for the other requisites).  Someone who does not perform a sunna is not obliged to do anything.

@J12.5: Being Prevented By Others From Completing the Integrals of Hajj or `Umra after Having Entered Ihram

Someone prevented by an enemy (O: nonMuslim or Muslim) from entering Mecca (O: and fulfilling the integrals (A: of hajj or 'umra, including being barred from performing the obligatory circumambulation (tawaf al-ifada) or going between Safa and Marwa) when there is no alternative route, releases himself from ihram by intending release from it, shaving his head, and slaughtering a sacrifice animal at the place he has been prevented, if an animal is available. If not (O: such as when unable to find an animal at all, or finding one for more than the going price of similar animals at that place and time), one gives the animal's value in food (A: wheat) (O: as charity to the poor and those short of money is the Sacred Precint (N: or place one is prevented) ); or if unable (O: to give food), one fasts a single day for each 0.51 liters of food (A: wheat) that would have been given had the latter been done (O: fasting the days wherever one wishes. When fasting is the only option possible, one is immediately released from ihram after shaving one's head with the intention of releasing oneself).

If such a hajj or 'umra was to have been supererogatory, one is not obliged to make it up.

@J12.6: A Full Summary of the Expiations Connected with Hajj and `Umra

(n: Muhammad 'Abdullah Jurdani distinguishes between four categories of expiations relating to hajj and 'umra.

(I) The first category consists of alternatives in a fixed precedence order and predetermined amount (dam tartib wa taqdir), meaning that one must either slaughter a shah (def: h2.5) meeting sacrifice specifications (def: j14.2), distributiing its meat to the poor and those short of money (def: h8.11) in the Sacred Precinct; or if unable to slaughter (N: from lack of money (def: j1.17(2) ) while on the hajj, even if one has enough money back home), then one must fast three days during the hajj and seven more at home, making ten days. (N: If this expiation is for something that should have been performed after standing at 'Arafa (n: (4), (5), (6) or (9) below), the three days "during the hajj" may be fasted after one's release from ihram while still in Mecca, or if one fails to do so while three (A: as is obligatory), they become a makeup fast that must be performed before the other seven fasted at home (A: by an interval equal to the days of one's journey home). )

There are nine things which necessitate this type of expiation:

-1- performing an 'umra first (tamattu') hajj (def: j1.15,17);

-2- performing hajj and 'umra simultaneously (qiran, def: j1.16,17);

-3- not standing at 'Arafa (def: j8.4);

-4- to miss stoning (def: j10.8) at the stoning sites of Mina on the three days after the 'Eid, the time for which ends at sunset on the third day (dis: j10.2 (N:) ) if one does not leave early (def: j10.6);

-5- to miss all three nights at Mina after the 'Eid (def: j10.1,4,7), though if one only misses a single night, one distributes 0.51 liters of wheat to the poor of the Sacred Precinct, and if two nights, then double this amount;

-6- to miss spending the night at Muzdelifa (def: j9.1, second par.);

-7- not entering ihram at the proper site (dis: j2.5);

-8- breaking one's vow (def: j18.5);

-9- or not performing the farewell circumambulation (tawaf al-wada', def: j11.2).

(II) The second category consists of expiations in which one is free to choose one of three predetermined alternatives (dam takhyir wa taqdir), namely: to slaughter and distribute a shah as described above (I); to fast three days, even if unconsecutive, wherever one wishes; or to give 1.015 liters of wheat to each of six of the poor or those short of money at the Sacred Precinct.

There are eight things which necessitate this type of expiation:

-1- removal of three hairs (dis: j3.8) at one time and place, meaning that the interval between removing each is not considered long (dis: f4.5), and one has remained at the same place, though if their removal does not occur at a single time and place, one must pay 0.51 liters of wheat to the poor or fast one day for each hair, even if their number exceeds three;

-2- trimming three nails at one time and place, with the same rules and restrictions as just mentioned;

-3- men wearing sewn garments or covering their head (dis: j3.6), or women covering their faces (dis: j3.24);

-4- using oil (def: j3.7(1) );

-5- using scent (j3.7);

-6- sexual foreplay (n: other than intercourse) (dis: j3.13);

-7- having sexual intercourse a second time after having spoiled one's hajj (dis: j3.14) by an initial sexual intercourse;

-8- or having sexual intercourse between partial and full release (def: j9.13) from ihram.

(III) The third category consists of expiations in a fixed precedence order of alternatives involving estimate-based substitutes (dam tartib wa ta'dil).  It is necessitated by two things.

-1- The first is being prevented by another from completing all the integrals of the hajj or 'umra (def: J12.5), in which case one must release oneself from ihram by slaughtering and distributing a shah as described above (I); or if unable to slaughter, one estimates its value, buys food for that amount, and distributes it to the poor of the Sacred Precinct (N: or place one is prevented); or if unable to give food, one fasts one day for each 0.51 liters of wheat that would have been given if one had been able to.

-2- The second is having spoiled one's hajj or 'umra by sexual intercourse (def: j3.14), in which case one must slaughter a camel, or if unable to, one must perform the alternative one is capable of, of those mentioned at j3.15.

(IV) The fourth category involves choosing between alternatives consisting of estimate-based substitutes (dam takhyir wa ta'dil).  It is necessitated by two things.

-1- The first is killing a game animal while in ihram, where if there is a domestic animal of similar value (lit. "like"), one has a choice between the alternatives mentioned at j3.22, though if there is not, then those mentioned at j3.23.

-2- The second is destroying a tree of the Sacred Precinct, where, if it is large in relation to other trees of its kind, one slaughters and distributes a cow, and if small, one slaughters a sheep. In either case,one has a choice between slaughtering it and distributing its meat to the poor of the Sacred Precinct, estimating its cost and buying wheat to distribute to the poor of the Sacred Precinct, or fasting a day for each 0.51 liters of wheat that would have been bought had the latter been done. (Mufid' awam al-Muslimin ma yajibu' alayhim min ahkam al-din (y67), 230-38) )

(N: Throughout the above, whenever one is obliged to slaughter an animal, it is permissible to commission (wakala, def: k17) another person to do so by means of the written contracts readily available at a modern hajj, simply paying an amount of money and signing the agreement. They then slaughter for one is the early morning of the 'Eid and distribute the meat to deserving recipients.

Secondly, giving food or wheat to the poor, whereever it is mentioned in connection with expiations, means giving them the type of food that is valid for the zakat of 'Eid al-Fitr (def: h7.6), and the remarks made in that section about the Hanafi school permitting other than wheat apply equally here.) (n: In the Hanafi school, slaughtering must take place in the Sacred Precinct, though one may distribute both the meat and other expiations anywhere (al-Lubab fi sharh al-Kitab (y88), 1.212, 1.224). )

*2*Chapter J13.0: Visiting the Tomb of the Prophet (Allah Bless Him and Give Him Peace)

@J13.1

It is recommended when one has finished the hajj to visit the tomb of the Prophet (Allah bless him and give him peace) (n: in Medina).  (O: One should enter his mosque with the right foot first, as in any mosque, and say the well-known supplication: "It the name of Allah, praise be to Allah. O Allah, bless our liegelord Muhammad, his folk and his Companions, and give them peace. O Allah, open unto me the gates of Your mercy.")

@J13.2: How To Visit the Prophet's Tomb

It is recommended to pray two rak'as to greet his mosque, and then approach the noble and honored tombe and stand at the head of it with one's back to the direction of prayer (qibla).  One bows one's head and summons to mind reverent awe and humility, then greets the Prophet (Allah bless him and give him peace) and blesses him in a normal voice (O: saying: "Peace beupon you, O Messenger of Allah. Peace be upon you, O Prophet of Allah. Peace be upon you, O Chosen One of Allah. Peace be upon you, O Best of Allah's Creation. Peace be upon you, O Beloved of Allah"), after which one supplicates Allah for whatever one wishes. The one steps half a meter to the right to greet Abu Bakr, and again to the right to greet' Umar (Allah be well pleased with them).  Then it is recommended to return to one's original place and do much of supplicating Allah, turning to Allah through the Prophet (tawassul, def: w40) (O: concerning one's aims and goals, since he is the greatest intermediary, in intercession and other things), and invoking blessings upon him (Allah bless him and give him peace), after which one supplicates beside the pulpit (minbar) and in the Rawda (N: which is the space designated by the white pillars between the chamber containing the noble tomb and the pulpit).

@J13.3

It is unlawful to circumambulate the tomb.

It is offensive to nudge the wall around the tomb with one's back or front, to kiss it, or touch it (O: with one's hand. Proper conduct here is to stand back from it as one would if present during his life (Allah bless him and give him peace).  This is what is right, and what scholars have said and are agreed upon. One should not be deceived by what some common people do in their ignorance of proper manners, for it is reprehensible innovation (bid'a, def: w29.3) ).

One of the most disgraceful innovations is the entering of dates in the Rawda.

@J13.4

It is recommended to visit al-Baqi' (O: the cementery of Medina. It is desirable to go to it every day, for buried their are the wives of the Prophet (Allah bless him and give him peace), some of his children, his father's brother 'Abbas, ur liegelord 'Uthman ibn 'Affan the successor of the Messenger of Allah (Allah bless him and give him peace), a number of his Companions (Sahaba), and Imam Malik, founder of the Maliki school of jurisprudence, the bliss and benefaction of Allah be upon them all).

@J13.5

When one desires to travel, one bids farewell to the mosque by praying two rak'as, and to the noble tomb with a visit and supplication. And Allah knows best.

*2*Chapter J14.0: Sacrifices on `Eid Al-Adha

@(O: Sacrifices are the livestock slaughtered in worship of Allah Most High between 'Eid al-Adha and the last of the three days that follow it. They are a general hospitality from Allah to believers (A: to whom the meat is distributed. It is unlawful to give any of it to non-Muslims). )

@J14.1

'Eid al-Adha sacrifices are a confirmed sunna (def: c4.1) (N: which is considered Obligatory in the Hanafi school) (O: being sunna for those able to slaughter, though uncalled-for from the poor person who is unable).

It is recommended for someone who intends to sacrifice not to cut his hair or trim his nails on 10 Dhul Hijja until he slaughters (O: these being offensive until he does).  The times for slaughtering begins when it is long enough after sunrise to have performed the 'Eid prayer (def: f19) with its two sermons (A:i.e. about forty minutes) (O: even if one does not attend it) and it ends at (A: sunset on) the last of the three days following the 'Eid.

@J14.2: Sacrifice Animal Specifications

Only camels, cattle, sheep, or goats may be slaughtered. At the youngest, camels must be over five full years, cattle and goats over two full years, and sheep over one full year.

A single camel or cow fulfills the sunna for seven (A: men and their families), though a shah (def: G2.5) only fulfills it for one. It is superior to slaughter a single shah than to have a share in slaughtering a camel.

The best animal to sacrifice is a camel, then a cow, then a sheep, and then a goat. The best kind of shah (h2.5) to slaughter is white, then tawnycolored, then black and white, and then a black one.

It is a necessary condition that a sacrifice animal be free of defects that diminish (A: the quality of) its meat. It is invalid to slaughter:

-1- a lame animal (O: that has an obvious walking problem that hinders its going to pasture and thus weakness it);

-2- a blind or one-eyed animal (O: whose defect is manifest, as this diminishes its ability to graze);

-3- a sick animal (O: whose infirmity is plain);

(though if these defects are slight, the animal will suffice. It is likewise invalid to sacrifice an animal that is:)

-4- deranged by malnutrition or insane:

-5- mangy or scabrous (O: even when it is not obvious);

-6- with an ear that has been cut off of a piece of its separated, even if not much (O: or one born without an ear);

-7- or missing a considerable part of the haunch or similar meat-bearing portion (O: though not if it is a slight amount).

It is permissible to sacrifice an animal with a slit in its ear (O: a measure for identification that does not diminish the meat) or open with part or all of a horn broken off.

@J14.3: Having Another Slaughter for One

It is best to slaughter (def:j17.4) the animal oneself (O: if one can slaughter well. If not, then it is obligatory to have someone who can slaughter properly do it for one).  If unable to slaughter well, it is recommended to be present when it is done.

@J14.4: The Intention

The intention to sacrifice must be made at the time of slaughtering. (O: It suffices the person who is having another slaughter for him to make the intention when he authorizes the other to do so.)

@J14.5: Distributing the Meat

It is recommended that a third of the animal sacrificed be eaten, a third be given away (O: even if to wealthy Muslims, and a third be given as charity (O: raw, not cooked).

It is obligatory to give away some of the (O: raw) meat as charity, even if it is not much (O: it suffices to give it to one Muslim), and the hide is given in charity or used at home.

It is not permissible to sell the hide or meat (O: all of the above applying to sunna or voluntary sacrifices).  It is not permissible for a person who has vowed (def:j18) a sacrifice to eat any of the animal slaughtered.

*2*Chapter J15.0: Sacrifice for a Newborn (`Aqiqa) and Name Giving

@(O: Lexically, 'aqiqa means the hair on a baby's head at birth. In Sacred Law, it means the animal sacrificed when the baby's hair is cut, which is a confirmed sunna (def: c4.1). )

@J15.1: Sunnahs After Birth

It is recommended for anyone to whom a child is born to shave its hair on the seventh day thereafter (O: meaning any newborn, whether male or female; a baby girl should also have her hair shaved) and give away in charity gold or silver equal to the weight of the hair.

It is also recommended (N: when the baby is first born) to give the call to prayer (adhan, def: f3.6) in its right ear and the call to commence (iqama) in its left.

@J15.2: The Sacrifice

If the baby is male, it is recommended to slaughter two shahs (def:h2.5) that meet 'Eid Sacrifice specifications (def:j14.2), while if the baby is female, it is recommended to slaughter one.

(O: The person called-upon to slaughter for a newborn is the one obliged to support the child (dis: M12.1). )

After slaughtering, the shah is cooked (O: as at any feast) in sweet sauce, but none of its bones are broken (A: it is cut at the joints), and it is recommended to distribute the meat to the poor.

@J15.3: Name-Giving

It is sunna to give the child a good name such as Muhammad or 'Abd al-Rahman. (O: It is desirable to name a child even if it dies before being named.) (A: It is sunna for a new Muslim to take a good name like the above, or one of the names of the prophets (def:u3.5) (Allah bless them and give them peace). )

*2*Chapter J16.0: Foods

@(O: This section is an explanation of what is lawful (halal) and unlawful (haram), the knowledge of which is among the most important concerns of the religion, since knowing it is personally obligatory for every Muslim.)

@J16.1: Avoiding Doubtful Foods

(n: The following hadith and its commentary have been added here by the translator.)

Anas (Allah be well pleased with him) relates that the Prophet (Allah bless him and give him peace) found a date in his path, and said,

"But for fear that it was charity, I would have eaten it." (Riyad al-salihin (Y107), 277)

(Muhammad ibn al ?? Bakri:) The hadith shows that when a person doubts that something is permissible, he should not do it. The question arises, Is refraining from it in such a case obligatory or recommended?- to which our Imams explicitly reply that it is the latter, because a thing is initially assumed to be permissible and fundamentally not blameworthy, as long as some prior reason for considering it unlawful is not known about it that one doubts has been removed. For example, when one doubts that one of the conditions for valid slaughtering (def: j17.2-4) has been met, conditions which make (N: a particular piece of meat) lawful, the assumption is that it remains unlawful (N: since initially the animal was alive, a state in which it is unlawful to eat, while it only becomes lawful by a specific procedure, i.e. Islamic slaughtering), so that the meat does not become lawful except through certainty (A: that it has been slaughtered. The case of meats is exceptional in this, since most other foods are initially permissible, and one assumes they remain so unless one is certain something has occurred which has made them unlawful).

In cases of doubt, only likely possibilities are taken into consideration, since it appears probable (n: in the above hadith) that dates for charity were present at the time. As for remote possibilities, taking them into consideration only leads to a blameworthy extremism and departure from how the early Muslims were, for the Prophet (Allah bless him and give him peace) was given some cheese and a cloak (A: by members of a non-Muslim Arab tribe) and he ate the one and wore the other without considering whether they might have mixed the former with pork, or whether the wool came from a slaughtered or unslaughtered animal. Were one to take such possibilities into consideration, one would not find anything lawful on the face of the earth. This is why our colleagues say, "Complete certainty that something is lawful is only conceivable about rainwater falling from the sky into one's hand: (Dalil al-falihin li turuq Riyad al-salihin (y25), 5.37-38).

@J16.2: Animals Lawful and Unlawful to Eat

It is permissible to eat the oryx, zebra, hyena, fox, rabbet, porcupine, daman (n: a Syrian rock badger), deer, ostrich, or horse.

@J16.3 It is unlawful to eat:

-1- (N: any form of pork products);

-2- cats or disgusting small animals that creep or walk on the ground such as ants, flies, and the like

(O: disgusting being used here to exclude inoffensive ones such as the jerboa, locust, and hedgehog, which are small creeping animals, but are recognized as wholesome, and are pure);

-3- predatory animals that prey with fangs or tusks, such as the lion, lynx, leopard, wolf, bear, simians, and so forth (O: including the elephant and weasal);

-4- those which hunt with talons, such as the falcon, hawok, kite, or crow, except for the barnyard crow, which may be eaten;

-5- or the offspring of an animal permissible to eat and one not permissible to eat, such as a mule

(O: which is a cross between one eaten, the horse, and one not eaten, the donkey).

@J16.4

It is permissible to eat any aquatic game (sayd al-bahr) except frogs and crocodiles.

@J16.5: Other Substances Unlawful to Eat

It is unlawful to eat anything harmful, such as poison, glass, or earth. (A: If something has been proven harmful, it is unlawful to consume, while if suspected to be harmful, it is offensive to.) (n: w41 discusses cigarette smoking.)

@J16.6

It is unlawful to eat anything impure (najasa, def: e14.1) (O: whether impure in itself, or because of being affected with something impure, as is the case with (N: befouled) milk, vinegar, or honey).

It is also unlawful to eat substances which are pure, but generally considered repulsive, such as saliva or sperm.

@J16.7

If forced to eat from a unslaughtered dead animal (O: out of fear of losing one's life or fear of an illness growing worse), then one may eat enough (O: the necessary minimum) to avert destruction (O: meaning enough to keep life from ending. One may not eat to repletion from a dead animal unless one believes that confining oneself to the survival minimum entails dangerous consequences, in which case it is obligatory to take the edge off one's hunger).  If circumstances force one to choose between a dead animal and some permissible food belonging to someone else (O: who is not present), one is obliged to eat of the dead animal.

*2*Chapter J17.0: Hunting and Slaughtering

@J17.1

It is not permissible to eat any animal (O: that Muslims are permitted to eat) until it has been properly slaughtered, the only exceptions to which are fish (def: j16.4) and locusts, which are permissible to eat even when they die unslaughtered.

@J17.2

It is unlawful to eat meat slaughtered by a Zoroastrian, someone who has left Islam (murtadd, def:08), or an idol worshipper, (O: included with whom are those (zanadiqa) with corrupt convictions about tenets of faith that are well-known as essential parts of Islam (def: books u and v), ) or a Christian of the desert Arab tribes (O: the upshort of which is that it is a necessary condition that the slaughterer be of a people whose women we are permitted to marry, whether Muslims, Jews, or Christians).

@J17.3

It is permissible to slaughter with anything that has a cutting edge; but not a tooth, bone, or claw, whether human or otherwise, attached to the body or not.

@J17.4

The necessary condition for slaughtering any animal which is within one's capacity to slaughter (O: domesticated or wild) is to cut both the windpipe and the gullet (O: windpipe meaning the channel of breath, and gullet meaning the channel of food and drink which lies beneath the windpipe.

It is not necessary for the validity of slaughtering to cut the carotid arteries, which are two blood vessels on the sides of the neck encompassing the windpipe.

If the slaughterer neglects to cut any part of either the windpipe or gullet and the animal dies, it is considered an unslaughtered dead animal, as is an animal with nothing but purely reflexive movement left when one finishes cutting a part of the windpipe or gullet previously missed. If the slaughterer cuts from the back of the neck until he severs the windpipe and gullet, it is a sin because of the excess pain caused (A: though it is valid as slaughtering. Chopping off heads of chickens with a hatchet is offensive, though the meat is lawful).

The slaughterer should cut swiftly and not take his time such that he has to cut two or more times. If he does, ad there is no life remaining in the animal on the second swipe, then the animal (A: has died unslaughtered and) is impermissible to eat. The determining factor is whether life remains in the animal when the knife is applied at the beginning of the last stroke (A: the one which successfully severs both the windpipe and gullet), no matter whether this is the second or third).

@J17.5

It is recommended when slaughtering:

-1- to turn the animal towards the direction of prayer (qibla);

-2- to sharpen the knife;

-3- to cut rapidly (O: even faster than is obligatory, such that it does not take two or more swipes, as mentioned above);

-4- to mention Allah's name (O: for the spiritual grace therein, saying "Bismillah," as is sunna) (A:this is obligatory in the Hanafi school);

-5- to bless the Prophet (Allah bless him and give him peace);

-6- and to cut the large blood vessels (O: on either side of the neck).

@J17.6

It is recommended to slaughter camels by thrusting the knife (O: into the hollow at the base of the neck (A: between the two collarbones) above the chest so that one severs them (A: the windpipe and gullet) in this concavity, since it is easier than cutting the throat, for it seeds the exit of the spirit from the body by bypassing the length of the neck, being the preferable way to slaughter any animal with a long neck, such as a duck, goose, ostrich, or giraffe), with the camel left standing, one foreleg bound up.

@J17.7

It is recommended to slaughter other than camels (O: such as cattle, sheep, goats, or horses (A: by drawing the knife) across the throat at the top of neck) after laying them on their left side. (O: Slaughtering them this way is only called for to easily enable the slaughterer to hold the knife in his right hand and the animal head with is left. It is also sunna for the animal's legs to be bound, except the right hind leg, so the animal will not jerk during slaughtering and cause the slaughterer to miss his mark. The right hind leg is left free in order to pacify the animal by giving it something to move).

@J17.8

It is a necessary condition that the slaughterer not raise his knife-hand while slaughtering (O: while drawing it across the neck).  It if lefts it before completely severing both the windpipe and gullect,t and then returns to cut them, the animal is not lawful to eat.

@J17.9: Hunting

As for hunting, a game animal is lawful to eat whenever on hits it with an arrow (A: or according to the Maliki school, shoots it with a rifle or shotgun) or brings it down with a trained hunting animal (A: such as a falcon or dog) (O: but only if trained), and it dies before one can slaughter it (O: that is, provided that one did not reach it when there was any life let in it besides reflexive motion. If one reaches it while it is alive or any life remains, then one must properly slaughter it), provided that the hunter is not blind, is of a people whose slaughtered food Muslims may eat (def: j17.2), and provided that the animal does not die from being struck by the mere weighting of the arrow, but rather dies by its edge weighting that it hits the animal point-first, wounding it). 

If the game was brought down by a trained hunting animal, it is a necessary condition that the animal ate nothing of the game.

If the game animal dies from being struck by the weight of the trained hunting animal (A: as in falconing), then the game is lawful to eat.

@J17.10

A game animal is not lawful to eat if:

-1- an arrow hits it and it then drips into water (O: because of the likelihood that it died from drawing (N: if that is probable) rather than from being short);

-2- it is brought down on a peak which it then falls from (O: because of the likelihood that it died from the fall);

-3- or if it disappears after having been wounded and is found dead (O: because it might have died for some other reason than being wounded (N: though if it is obvious that it dies from the wound, it is lawful to eat) ).

@J17.11

A camel or other (O: domestic animal such as a cow, sheep, goat, or horse) that strays and cannot be retrieved, or that falls into a well and cannot be gotten out may be made lawful to eat by shooting it (O: because of the impossibility of slaughtering it), no matter where one hits its body (N: provided one mortally wounds it).

And Allah knows best.

*2*Chapter J18.0: Vows (Nadhar)

@(O: Lexically, the word vow means any promise. It is legally defined as making obligatory some act of worship that was not originally obligatory in Sacred Law, such as a supererogatary or fast, and like.

There is a difference of opinion among scholars whether a vow in itself is an act of worship or whether it is offensive. The strongest position is that it is an act of worship when made to perform a pious act (A: since Allah Most High describes the pious as "fulfilling their vows" (Koran 76:7) ), for it is an intimate discourse with Allah Most High; though it is offensive in the head of an argument.)

(A: The advantage of a vow is that one may obtain the reward of an obligatory act by fulfilling it. Its drawback is that unlike broken oaths, which may be expiated (dis: o20), there is no way to lift the vowed action: it remains obligatory unless one is physically unable (N: in which case one performs an alternative (n:e.g. giving food in place of fasting if there is one in Sacred Law).  For this reason. many pious and learned Muslims avoid making vows.)

@J18.1: The Conditions for the Legal Validity of a Vow

A vow (O: to perform some pious act) is only valid:

(a) if made by a Muslim who is legally responsible (mukallaf, def: c8.1);

(b) when it concerns some act of worship (A: meaning, for the Shafi'is, any recommended act, though for the Hanafi school it can only be an act that is similar in kind to an obligatory form of worship (n: such as prayer, fasting, or hajj) );

(c) and is stated in words such as "I hereby owe Allah to perform such and such," or "I am hereby obliged to do such and such."

(O: A vow to do something that is merely permissible, such as standing, sitting, eating, or sleeping, is not legally valid because these are not acts of worship; the reason being the hadith related by Bukhari that the Prophet (Allah bless him and give him peace) passed a man standing in the sun without seeking shade, whom he inquired about and was told that it was Abu Isra'il, who had vowed to stand while fasting without sitting, taking shade, or speaking; to which he replied,

"Pass by him and have him sit in the shade and speak, but let him finish fasting."

By act of worship, our author means acts that are supererogatory and not obligatory, since an oath to undertake an obligatory act is invalid whether it involves performance of something, such as an obligatory prayer or fast, or nonperformance of something, such as vowing to abstain from wine or fornication and the like. Such vows are not valid to begin with, as Allah has made these obligatory and "obligating oneself to do them" is meaningless.

The obligatory acts which are not valid to vow are restricted to the personally obligatory. As for the communally obligatory (def: c3.2), a vow to do such an act obliges one to fulfill it, because it is an act of worship not originally obligatory in the law, meaning not initially called for from any particular person.)

@J18.2: General Provisions Regarding Vows

A valid vow to do an act of worship makes the act obligatory.

@J18.3

One must fulfill a vow that one has made conditional upon the occurrence of some event, such as by saying, "If Allah heals my sick friend, I am obliged to do such and such" (O: of fasting, praying, or charity), which becomes obligatory if the sick person regains his heath.

@J18.4

If someone makes a vow by way of argument and in anger, saying, for example, "If I speak to Zayd, I am obliged to do such and such," then if he speaks to Zayd, he has a choice between doing what he has vowed, or else paying the expiation form a broken oath (def: 020).

@J18.5

If one vows to perform the hajj riding but instead does so on foot, or vows to perform it on foot but then does so riding, this accomplishes the vow, though one is obliged to slaughter (O: as one does for an 'umra first (tamattu') hajj (def: j12.6(I) ).

(N: Because the vowed walking or riding has become one of the obligatory elements of one's hajj, the expiation for its nonperformance is as other unperformed obligatory acts of hajj, and if such a person lacks a shah (def: h2.5) or lacks the money for it, he may fast. As for a person who vows to do something unconnected with the hajj and finds he cannot fulfill it, he performs a valid alternative if one exists in Sacred Law (dis:J18.0 (A:) ).  If there is no valid alternative in Sacred Law, he remains responsible for performing the vowed act.)

(O: If one does not fulfill a vow because of being unable to or because of forgetfulness, it is not a sin, but one must slaughter, an obligation that incapacity or forgetfulness does not lift. To summarize, the sin (A: of not fulfilling one's vow) only exists when one is capable of fulfilling it, not when one is incapable, though someone who does not fulfill a vow because of incapacity must slaughter a shah meeting sacrifice specifications (def: j14.2). )

@J18.6

If one vows to go to the Kaaba, Masjid alMedina, or al-Masjid al-Aqsa (n: in Jerusalem), then one is obliged to. If one vows to go to the Kaaba, then one must perform hajj or 'umra (O: because hajj and 'umra are what is fundamentally intended in Sacred Law by going to the Sacred Precinct, and the vow is interpreted according to this convention of the Law as a vow to perform either hajj or 'umra).  If one vows to go to Masjid al-Medina or al-Masjid al-Aqsa, then one must either perform the prayer or else spend a period of spiritual retreat (i'tikaf, def:i3) in the mosque (O: i.e. one is entitled to choose between prayer or spiritual retreat).

If one vows to go to some other mosque, the vow does not oblige one to do so (dis: i3.4(end) ) (O: since travelling to other mosques is not an act of worship (N: that is, if intended for itself, though if one intends it in order to perform the prayer or (for spritual retreat there in, it is an act of worship) ).

@J18.7

If one vows to fast for the whole of a particular year, one does not have to make up days not fasted on the two 'Eids or the three days following 'Eid al-Adha (dis:i2.3), or the days fasted during Ramadan, or the days a woman misses during her monthly period or postnatal bleeding.

@J18.8

Someone who vows to perform the prayer (A: but does not specify how much) must pray two rak'as.

*1*BOOK K: TRADE

@CONTENTS:

Sale k1.0

Integrals of a Valid Transaction k1.0

Sale (Bay') Means Both Selling and Bartering k1.0(N:)

The Spoken Offer and Acceptance k1.1

Transactions without words (mu'atah) k1.1 (A:)

Vending machines k1.1(N:)

Conditions for validity of offer and acceptance k1.1(a)

The Buyer and Seller k1.2

Conditions that must exist in both k1.2

Transactions by children k1.2(a)

Buyers of Korans etc. must be Muslim k1.2 (e)

Option to Cancel Sale at Time of Agreement k1.3

Stipulating an Option to Cancel Period k1.4

May be up to three days k1.4

May be given to either party or both k1.4

Ownership of merchandise during the period k1.5

The Things Exchanged in a Transaction k2.0

Five Conditions for Any Article Transacted k2.1

Purity k2.2

Usefulness k2.3

Deliverability k2.4

Lawful disposal over property k2.5

Being determinately known k2.6

Usurious Gain (Riba) k3.0

Sale Usury Versus Loan Usury k3.0(N:)

Usury in Sales of Foodstuffs, Gold, and Silver k3.1

Foodstuffs Sold for Theif Own Kind k3.1

Foodstuffs Sold for a Different Kind k3.2

Transacting Gold for Gold, Silver, Etc. k3.3

Meaning of Equivalence in Amount k3.5

Some Prohibited Kinds of Transactions k4.0

Selling the Offspring of Offspring k4.1

Either-Or Sales k4.2

Sales with Extraneous Stipulations k4.3

Valid Stipulations k4.4

Postponed payment k4.4(1)

Putting up security, etc. k4.4(2)

Paying Nonrefundable Deposits k4.5

Undercutting Another's Deal k4.7

Bidding up Merchandise k4.8

Selling Grapes to a Winemaker, Etc. k4.9

Combining Valid and Invalid Sales k4.11

Joining Two Types of Transactions in One Contract k4.12

The Return of Merchandise Because of a Defect k5.0

Types of Defect k5.0(O:)

Informing Prospective Buyer of Defects k5.1

Returning Defective Merchandise k5.2

Meaning of Defective k5.3

Defect Discovered After Article Is Destroyed k5.4

Defect Discovered by Subsequent Buyer k5.4

New Defect Occurring Before Return k5.5

Compensation to seller for new defect upon return k5.5

Immediacy a Condition in Returns for Defects k5.7

Selling for Original Price Plus Increment (Murabaha) k5.9

Selling Fruit and Crops k6.0

On the Tree, Etc. k6.1

Merchandise Before the Buyer Takes Possession of It k7.0

Is Seller's Responsibility k7.1

Buyer May Not Resell Until He takes Possession k7.2

Meaning of Taking Possession k7.3

Disputes over What the Terms of a Transaction Were k8.0

Examples k8.1

Oaths Sworn in Absence of Other Proof k8.2

What is said k8.3

Kinds of Disagreements k8.5

Over validity of sale k8.5

Whether article is the one that was sold k8.5

In whose possession the article's defect occurred k8.5

Buying in Advance (Salam) k9.0

Meaning of Buying in Advance k9.1

Conditions for Validity k9.2

Buyer May Not Resell Article Until He Has It k9.3

Substitutes for Article Ordered k9.4

Personal Loans (Qard) k10.0

Meaning of Loan k10.0(A:)

Recommended k10.1

Spoken Offer and Acceptance k10.2

Loans Only Valid in What may Be Bought in Advance k10.3

Specifying Date of Repayment K10.4

Any Benefit Obtained by Loaning Is Usury (Riba) k10.5

Collateral k10.6

Paying Back Other Than What Was Lent k10.7

Putting Up Collateral (Rahn) K11.0

Meaning of Collateral k11.0(O:)

Conditions for Validity k11.1

General Provisions Concerning Collateral k11.2

One Article May Not Be Collateral for Two Debts k11.3

When Article Is Destroyed in Holder's Possession k11.5

The benefit of Collateral k11.6

Bankruptcy (Taflis) k12.0

Meaning of Bankruptcy k12.0(O:)

Those Without Means to Repay Are Respited k12.1

Those with Saleable Property k12.2

Bankrupt Person Permitted to Keep Clothing Etc. k12.6

Suspension of Children and the insane from Dealings k13.0

Children's Disposal of Theif Property Invalid k13.1

Follhardy people also suspended k13.1(A:)

Meaning of foolhardy (safih) k13.1(A:)

A Guardian Conducts His Charge's Affairs k13.2

Who is the guardian k13.2

Guardian's Disposal of Charge's Property k13.2

End of Suspension from Dealing k13.5

Conditions for ending at puberty k13.5

Meaning of religious sincerity k13.5(O:)

Meaning of competence in handling property k13.5(O:)

Testing financial competence k13.6

Meaning of Puberty k13.8

Transferring the Right to Collect a Debt (Hawala) k14.0

The Integrals of Transfers k14.0(A:)

Conditions for Validity k14.1

Validity of Transfers Unaffected by Collateral Etc. k14.3

The Benefit of a Transfer k14.4

If the Debt Then Proves Uncollectable k14.4

Guaranteeing Payment (Daman) k15.0

Meaning of Guarantee k15.0(O:)

The Integrals of Guarantees k15.0(A:)

Guaranteeing Another's Financial Obligation k15.1

Conditions of Validity k15.1

Debt Is Collectable from Both Debtor and Guarantor k15.6

Creditor Cancelling Debt or Guarantee k15.8

Guaranteeing Another's Appereance k15.9

Guarantor Collecting from Debtor After Payment k15.10

Conditions for validity k15.11

Partnerships (Sharika) k16.0

Cooperative Partnership k16.1

The only valid kind of partnership k16.1

Meaning of cooperative partnership k16.1

Conditions for validity k16.2

Profits proportional to the capital each invests k16.6

Cancelling the partnership k16.8

Invalid Types of Partnership k16.9

Manual partnership valid in other schools k16.9

Commissioning Another to Do Something (Wakala) k17.0

The Integrals of Commissioning k17.0(A:)

Who May Commission k17.1

Things One May Commission Othes to Do k17.2

Spoken Proposal and Acceptance k17.5

Stipulations about carrying the act out k17.6

Agent Commissioning a Third Party to Do the Act k17.7

The Agent's Discretionary Powers k17.8

The Act Commissioned Must Be Determinately Known k17.13

To "handle all my affairs" not valid k17.13

Agent's Negligence k17.14

Court Disputes About the Commission k17.15

Cancelling the Commission k17.16

Deposits for Safekeeping (Wadi'a) k18.0

The Integrals of Deposits k18.0 (A:)

Who May make Deposits k18.1

When One Should Accept Deposits k18.2

Deposits Must Be kept in a Safe Place k18.2

When the Custodian Wants to Travel, Etc. k18.6

Meaning of the Obligation to Return an Article k18.5

Situations in Which Custodian Must Pay for Article k18.6

Cancelling the Safekeeping Agreement k18.7

Court Disputes As to the Custodian's Negligence k18.8

Deposits Must be Stated in words k18.9

Lending Something for Use ('Ariyya) k19.0

The Integrals of Lending Something k19.0(A:)

Who May Lend Something k19.1

What May Be Lent k19.2

The Spoken Agreement k19.3

How the Article May Be Utilized k19.4

Lender May Take Back the Article at Any Time k19.5

Borrower's Financial Responsibility for Article k19.6

Borrower's Responsibility to Return The Article k19.7

Borrower's May Not Lend the Article to Another k19.8

The Return of Wrongfully Taken Property (Ghasb) k20.0

Meaning of Wrongfully Taking k20.1

Returning Property Is Obligatory K20.2

Property Destroyed in Taker's Possession k20.3

Restoring fungible versus nonfungible property k20.3

Restoring property versus the use of something k20.3 (N:)

Court Disputes About the Property k20.4

Defects Etc, in Returned Property k20.5

Subsequent Receives of Property Equally Responsible k20.7

Receivers' liability when property is damaged k20.8

Preempting Sale of a Co-Owner's Share to Another (Shuf'a) k21.0

Meaning of Preemption k21.0(n:)

Conditions for Validity k21.1

Cases in Which Preemption Is Invalid k21.3

Immediacy Is a Necessary Condition for Preemption k21.5

Buyer's Disposition of Property Before Preemption k21.6

Financing a Profit-Sharing Venture (Qirad) k22.0

The Integrals of Financing k22.0

Conditions for Validity k22.1

Manager's Role k22.2

Financer may not impose conditions k22.3

Cancelling the Venture k22.6

Disputes About the Venture k22.6

Manager Takes His Shares at Venture's Termination k22.8

Watering Grapes or Dates for Part of the Crop (Untranslated) k23.0

Sharecropping (Muzara'a) k24.0

One Valid Type Only in the Shafi'i School k24.0(n:)

Three Valid Types in the Hanafi School k24.2

Renting Things and Hiring People's Services (Ijara) k25.0

The Integrals of Renting k25.0(O:)

Who May Rent k25.1

The Two Types of Rent Agreements k25.1

Renting anticipated services k25.1

Renting present services k25.1

Conditions for Renting Anticipated Services k25.3

Conditions for Renting Present Services k25.4

Indeterminate Service Must Be Preestimated k25.6

Owner Provides Things Needed to Use the Articele k25.7

Renter's Use of Article k25.8

Paying in Advance or Deferring Payment k25.9

Destruction or Damage to Rented Articele k25.10

Without Renter's negligence k25.11

When Owner or Renter Dies k25.12

Renter Responsible to Return Article k25.15

Utilities Considered Obtained by Mere Delivery k25.14

Fees When Rental Agreement Is Invalid k25.15

Job Wages (Ja'ala) k26.0

Consist of a Fee for a Particular Task k26.0 (n:)

Fee Must Be Stipulated k26.2

Cancelling the Agreement Before Finishing k26.2

Lost and Found (Luqta) k27.0

Who Should Pick Up a Lost Article k27.2

Recording Details of Finding k27.3

Picking Up an Article for Safekeeping k27.5

Picking Up an Article to Appropriate It k27.6

Advertisting it k27.6

Formal appropriation k27.7

If owner then appears k27.8

When Safekeeping Is Impractical k27.10

A Foundling Child (Laqit) k28.0

Picking Up Founding Is Communally Obligatory k28.1

When foundling are considered Muslim k28.1

Care of the Child k28.3

Adoption Unlawful In Islam k28.4

Games, Contests, and Prizes k29.0

Races for Prize Money k29.3

Who may put up the money k29.2

Competitions in Marksmanship k29.3

Conditions for validity k29.3

No Prizes for Nonmilitary Competitions k29.4

Games k29.5

Establishing an Endowment (Waqf) k30.0

Meaning of Endowment k30.0

Endowment Is an Act of Worship k30.1

Conditions for Validity k30.2

Allah Is the Owner of Endowments k30.3

Supervisor Designated by Endower k30.4

Proceeds Disposed of As Endower Stipulates k30.5

Examples of Invalid Endowments k30.6

Endowments Invalid If Beneficiaary Does Not Accept k30.7

Gift Giving (Hiba) k31.1

Recommended k31.1

Conditions for Validity k31.2

Recipient's Ownership of Gift k31.3

Manumission ('Itq) (Untranslated) k32.0

Slavery in Islam k32.0(n:)

*2*Chapter K1.0: Sale

@(O:The legal basis for sale, prior to scholarly consensus (ijma'), is such Koranic verses as the word of Allah Most High,

"Allah has made sale lawful..." (Koran 2:275)

The more reliable of the two positions reported from our Imam (Allah Most High be well pleased with him) is that this verse is general in meaning, excluded by other evidence. For the Prophet (referring to all sales except those specifically).  (Allah bless him and give him peace) forbade various sales butdid not explain the permissible ones, his not doing so proving that the initial presumption for the validity of a sale is that it is lawful. This is also borne out by hadiths such as the one is which the Prophet (Allah bless him and give him peace) was asked what type of earning was best, and he answered.

"The work of a man's own hand, and every pious sale."

Meaning sales free of cheating and deceit. Hakim related this hadith, which he classified as rigorously authenticated (sahih).

Lexically, sale means to transact something for something else. In Sacred Law it means to exchange an article of property for other property in a particular way. Its integrals are six:

(a) the seller;

(b) the buyer;

(c) the price;

(d) the article purchased;

(e) the spoken offer;

(f) and the spoken acceptance.)

(N: Sale (bay'), whereever it is used in the ruling below, refers to both exchanging goods for money and exchanging them for other goods (n: i.e. barter). )

@K1.1: The Spoken Offer and Acceptance

A sale is not valid unless there is a spoken offer (O: by the seller) and spoken acceptance (O: by the buyer(. Offer means the statement of the seller or his agent (wakil, def: k17) "I sell it to you" or "I make it yours." Acceptance means the statement of the buyer or his agent "I buy it" or "I take possession of it" or "I accept,"

(A: Regarding mujatah, which is giving the seller the price and taking the merchandise without speaking, as when buying something whose cost is well known, Bajuri notes, "Nawawi and a group of scholars have adopted the position that sales conducted by it (A: mu'atah) are valid for all transactions that people consider sales, since the determining factor therein is that acceptance of both parties, and there is no decisivelly authenticated primary text stipulating that it be spoken, so common acknowledgement ('urf, def: f4.5) is the final criterion (A: as to what legally constitutes acceptance) "

(Hashiya al-Shaykh Ibrahim al-Bajuri (y5), 1.355). )

(N: The category of mu'atah also includes sales conducted by means of vending machines (A: provided it is clear what one is buying before one puts the money in the machine). )

It is permissible for the buyer's acceptance to precede the offer, such as his saying, "I buy it for so-and-so much," and for the seller to reply, "I sell it to you," It is also permissible to say, "Sell it to me for so-and-so much," and for the seller to reply, "I sell it to you." All of these are unequivocal expressions.

Sales can likewise be effected, if the intention exists, by equivocal expressions such as "Take it for so-and-so much," or "I consider it yours for so-and-so much," thereby intending a transaction with the buyer,who then accepts. If one does not intend a transaction by such expressions, then the sale is nothing (O:but empty words, and the buys is obliged to return the merchandise to its owner if it still exists, or replace it if used up while in his possession).

It is obligatory (O: for the validity or the sale agreement that other conditions be met, among them) :

(a) that the interval between the offer and its acceptance not be longer than what is customary (O: the criterion being whether it gives the impression that one is averse to accepting, not merely a brief interval. Other conditions include:

(b) that conversation extraneous to the agreement by either of the two parties not intervene between the offer and acceptance, even if inconsiderable, since, it gives the impression of nonacceptance;

(c) that the offer and its acceptance correspond, for if the offered price is one thousand, and the buyer "accepts" for five hundred, the transaction is invalid;

(d) that neither the offer nor acceptance be made conditional (ta'liq) upon an event extraneous to the agreement, such as saying, "I sell it to you, should my father die";

(e) and that the sale not be subject to time stipulations (ta'qit) such as saying, "I sell it to you for a period of one month";

-because both (d) and (e) vitiate the necessary intention).

A mute's gesture is as binding as a speaker's words.

@K1.2: The Buyer and Seller

The conditions that must exist in the buyer and seller are:

(a) having reached puberty (A: Imam Ahmad permits the buying and selling of minor items by children, even before they have reached the age of discrimination (def:f1.2) and without their guardian's permission);

(b) sanity:

(c) that one's disposal over one's property not be suspended (def:k13);

(d) and that one not be unjustly forced to make the sale. (O: The agreement of someone unjustly forced to sell his property is invalid because of lack of consent, though it is valid if he is justly forced, as when he is ordered to sell his property to repay a debt.)

(e) If a Koran is being purchased for someone, it is obligatory that the person be Muslim. (O: The same is true of books of hadith and books containing the words and deeds of the early Muslim, "Koran" in this context means any aork that contains some of the Koran, even a slight amount.) (A: This ruling holds for any religious books, even the Tabaqat of Sha'rani (n: a collection of biographical sketches of Muslims), though the Hanafi school permits non-Muslims to buy or be given the Koran and other Islamic books.)

(f) It is a condition that someone buying weapons be of a people who are not at war with Muslims.

@K1.3: The Option to Cancel a Sale at the Time of the Agreement

When a sale is effected, both buyer and seller have the option to cancel at the time of the agreement (khiyar al-majlis), meaning the right to nullify the agreement at any time before they (O: physically) part company, or both waive the right to cancel, or until one of them cancels the sale.

(O: The option to cancel at the time of the agreement exists at every sale, and for its duration, the ownership of the articles exchanged is suspended (def:k1.5)

@K1.4: Stipulating an Option to Cancel Period

Both the buyer and seller have the right to stipulate an option to cancel period, an interval during which either party may cancel the agreement, of up to three days (O: provided the days are consecutive.

The option to cancel period is not period, is not valid if the two parties stipulate an indeterminate period or leave it open-ended by merely stipulating "an option to cancel" (A: though the buyer has the right to return the article because of defects (dis:k5) regardless of what they stipulate), or when the period is determinately known, but exceeds three days).  The option to cancel may be given (A: depending on what the buyer and seller agree upon) to both parties, or just one of them (O: and not the other, or they may give the option to a third party, since the need for this might arise. In any case, both buyer and seller must agree t the conditions).  But such a period may not be stipulated for transactions in which it is unlawful to part company before taking possession of the commodities exchanged (O: by one or both parties) as is the case in exchanging the kinds of foodstuffs and moneys in which usurious gain (riba, dis: K3.1-2) is present, or in buying in advance (salam, dis:k9.2(a) ).

@K1.5

If the option to cancel is given to the seller alone, then the merchandise is considered his property during this period (O: meaning that he owns the proceeds earned by the property, and its increments such as its milk, eggs, or fruit, and he is obliged to cover its maintenance and other expenses).

If the option to cancel is given to the buyer alone, then the merchandise is considered his property during this period (O: and the above increments and expenses are his).

If the option to cancel is gives to both buyer and seller, then the ownership of the merchandise during this period is suspended, meaning that if the transaction is finalized, it is established that it belonged to the buyer (O: from the time the agreement was first made, together with its increments and expenses), but if the transaction is cancelled, it is established that it belonged to the seller (O: meaning that it never left his ownership).

*2*Chapter K2.0: The Things Exchanged in a Transaction

@(N: Things here refers to both the merchandise and its price.)

@K2.1

Five conditions must exist in any article transacted. It must:

(a) be pure (O: in itself, or if affected with filth, it must be capable of being purified by washing);

(b) be useful;

(c) be deliverable (O: by the seller to the buyer, meaning that the buyer is able to take possession of it);

(d) be the property of the seller or the person whom the seller has been authorized to represent;

(e) and be determinately known (ma'lum) (O: to the buyer and seller, as to which particular thing it is, how much it is, and what kind it is, in order to protect against chance or risk (gharar), because of the hadith related by Muslim that the Prophet (Allah bless him and give him peace) forbade the transaction of whatever involves chance or risk) (n: w42 discusses buying and selling insurence policies.)

@K2.2: Purity

It is invalid to transact something that is impure in itself (najasa, def: e14.1) such as a dog, or something affected with filth that cannot be purified (O: by washing), like milk or shortening, though it it can be, like a garment, then it may be transacted.

@K2.3: Usefulness

It is invalid to transact something which is not useful (O: whether the reason for invalidity is the article's baseness or the smallness of the amount being dealt with,) such as vermin, a single grain of wheat, or unlawful musical instruments (dis: r40) (O: such as the mandolin or flute, since there is no lawful benefit in them).

@K2.4: Deliverability

It is invalid to transact something undeliverable, such as a bird on the wing or something that a third party has wrongfully taken from one, though if one sells the latter to a buyer who is able to take it back from the third party, the sale is valid; while if the buyer is unable to take it from him, then the buyer has the option to either declare the sale binding or cancel it.

It is invalid to transact a particular half of a whole object such as a vessel, sword, or garment (O: since the buyer cannot take possession of that part without breaking or cutting the article, involving the lessening and loss of property), or part of anything whose value is diminished by cutting or breaking, though if it does not diminish its value, as with a bolt of heavy cloth, such portions may be sold.

@K2.5: Lawful Disposal Over the Property

It is not valid for the owner of an article that has been put up as collateral (def:k11) to sell it without the permission of the person to whom the collateral has been given.

Nor is it valid to sell property belonging to another, unless the seller is the owner's guardian (def: K13.2) or authorized representative (def: k17).

@K2.6: Being Determinately Known

It is not valid to sell property not determinately identified such as "one of these two garments" (O: since "one of them" is not an identification. Likewise with saying, "I sell you one of these sheep." It makes no difference whether all the objects are of equal or unequal value).

It is not valid to transact a particular thing that is not in view (O: meaning that it has not been seen by both buyer and seller or by one of them) such as saying, "I sell you the Mervian robe I have up my sleeve," or "the black horse that is in my stable." But if the buyer has seen it before and the article is something that does not generally change within the time that has elapsed since it was last seen, then such sales are valid.

It is permissible to sell something like a pile of wheat that is in plain view when its weight is unknown, or to sell something for a heap of silver that is visible when the silver's weight is unknown, for seeing is sufficient.

The selling and buying of a blind person are not valid. He must commission another to buy and sell for him (A: though the Hanafi, Maliki, and Hanabali schools permit him to buy and sell for himself).  It is valid for a blind person to buy in advance (def:k9) or for another to buy in advance from him, provided the payment is forwarded to and held by the person being bought from in advance.

*2*Chapter K3.0: Usurious Gain (Riba)

@(O: The word riba lexically means increment. In Sacred Law it is (N: of two types, the first being usurious gain (riba) in selling, which is) an agreement for a specific recompense whose equivalence to the merchandise is unknown (def: k3.1 (a) ) according to the standards of the Law at the time of the transaction, or in which the exchange of the two properties transacted is delayed, or one of them is delayed. (N: The second type concerns loans, and consists of any loan by which the lender obtains some benefit (dis: k10.5). ) The basis for its unlawfulness, prior to scholarly consensus (ijma', def:b7), is such Koranic verses as:

"Allah permits trade but forbids usurious gain:" (Koran 2:275),

and,

"Fear Allah and relinquish what remains of usury, if you are believers" (Koran 2:278),

and such hadiths as that related by Muslim,

"The Messenger of Allah (Allah bless him and give him peace) cursed whoever eats of usurious gain (riba), feeds another with it, writes an agreement involving it, or acts as a witness to it."

Another hadith, in al-Mustadrak (n:by Hakim), relates that the Prophet (Allah bless him and give him peace) said,

"Usurious gain is of seventy kinds, the least of which is as bad as a man marrying his mother.")

(n:w43 discusses taking interest in enemy lands (dar al-harb). )

@K3.1: Usurious Gain in Sales of Foodstuffs, Gold and Silver

Gain is not unlawful except in certain exchanges involving (O:human) foodstuffs, gold, and silver (A: or other money) (N: which is the ruling for usurious gain in sales. As for usurious gain or interest from loans, it is unlawful for any type of property whatever).  The determining factor in the prohibition of usurious gain in foodstuffs is their being edible, and in gold and silver, their being the value of things.

When a foodstuff is sold for a foodstuff of the same kind, such as wheat exchanged for wheat (O: or the gold is traded for gold).  three conditions are obligatory:

(a) exact equivalence in amount (def: k3.5) (O: which must be made certain of, this stipulation precluding exchanges of foodstuffs, gold, or silver in which the amounts are not known, for such sales are not valid even if the two quantities transacted subsequently turn out to be equal, because of the ignorance of their equivalence at the time of the transaction, since ignorance of it is the same as actual nonequivalence);

(b) that the properties transacted be in the respective possession of buyer and seller before they part company;

(c) and immediacy (N: such that the agreement does not mention any delay in the exchange, even if brief).

@K3.2

When foodstuffs are sold for foodstuffs of a different kind, such as wheat for barely (O: or when gold is sold for silver), only two conditions are obligatory:

(a) that the exchange be immediate;

(b) and that the properties exchanged be in the respective possession of buyer and seller before they part company.

If these two conditions are met, the two commodities exchanged may differ in amount.

@K3.3: Tramsacting Gold and Silver

When gold is exchanged for gold, or silver for silver, conditions k3.1 (a,b,c) are obligatory. If gold is exchanged for silver, their amounts may differ, but conditions k3.2(a.b) are obligatory.

@K3.4

When foodstuffs are sold for gold or silver, the transaction is unconditionally valid (O: meaning none of the above conditions are necessary).

@K3.5

Equivalence in amount for commodities customarily sold by volume is reckoned according to volume (O: even if weights differ), and for articles customarily sold by weight according to weight.

Thus, it is invalid to sell a pound of wheat for a pound of wheat when there is a difference between the two's volume, though it is valid to sell a bushel of wheat for a bushel of wheat even when their weights differ.

Customarily transacted by weight or volume means according to the prevalent custom in the Hijaz during the time of the Messenger of Allah (Allah bless him and give him peace).  If this is unknown, then according to the custom of the town where the transaction takes place. If the foodstuff is of a kind not customarily exchanged by either weight or volume, and it has no dried strong state, such as cucumbers, quinces, or citrons, then it may not be traded for its own sort.

Equivalence in amount is not applicable to foodstuffs until they are completed, meaning, for fruits, in the dried storage state. It is invalid to trade fresh dates for fresh dates for dried dates, fresh grapes for fresh dates, fresh dates for dried or fresh grapes for raisins. Types of dates and grapes not sold as dried dates and raisins may not be exchanged for their own sort. it is also invalid A: because of ignorance of their equivalence) to exchange:

-1- flour for flour (O: when they are of the same type);

-2- flour for wheat;

-3- bread for bread (O: when of the same type);

-4- a pure foodstuff for a mixed one;

-5- cooked food for uncooked, or cooked food for other cooked food, unless the cooking is very slight, such as separating honey (O: from the comb) or milkfat (O: from milk).

It is not permissible to exchange (N: for example) a measure of dates plus one dirham for two dirhams, or for two measures of dates, or for a measure of dates and a dirham. Nor is it permissible to exchange a measure of dates and a garment for two measures, nor a dirham and a garment for two dirhams.

It is invalid to transact meat for a live animal (O: even when the two are not of the same kind of animal).

*2*Chapter K4.0: Some Prohibited Kinds of Transactions

@(O: Prohibited transactions may be invalid, as is usually the case with the prohibited, for prohibition generally entails invalidity; or not, such that the transaction is valid despite being prohibited (dis:c5.2). )

@K4.1: Selling the Offspring of Expected Offspring

It is invalid to sell the offspring of (A: expected) offspring, such as saying, "When my she-camel gives birth, and her offspring in turn gives birth to a camel, I hereby sell you that camel" (O: i.e. the offspring of the offspring. The reason for invalidity is that it is a transaction of an article that is not owned, known, or deliverable).  Nor is it valid to sell something for a price whose payment is deferred to a time similar to the above (O: that is, till the time the offspring of an offspring is born, because the date of payment is not known).

@K4.2: Either-Or Sales

It is invalid to make a transaction whose terms include two different possible deals (A: without specifying which has been agreed upon) such as saying, "I sell you this for either one thousand in case or two thousand in deferred payment" (O: which is invalid because the price is not known), or such as saying, "I sell you my robe for a thousand, provided you sell me your sword for five hundred" (O: which is invalid because of the invalid stipulation (dis: below) ).

@K4.3: Sales with Extraneous Stipulations

It is not valid to make a transaction that includes an invalid stipulation (A: such as a condition that is extraneous to the original agreement which adds to its price) (O: because the Prophet (Allah bless him and give him peace) forbade transactions with such conditions, like stipulating a loan or a second transaction), saying for example, "I hereby sell it to you (n: for a thousand) provided you loan me a hundred" (O: or "provided you sell me your house for such and such a price" (A: or "Provided you do not sell it to So-and-so").  It invalidity is due to considering both as the price. Stipulating this invalidates the transaction, and paying this "price" is void, it not being determinately known (def: K2.1(e) ) ).  (A: The invalidating factor is stipulating a second transaction, not the mere fact that it accompanies the first transaction, for it is permissible to join two transactions, as discussed at k4.12 below.)

SALES WITH VALID STIPULATIONS

@K4.4: Sales with Valid Stipulations

The following types of conditions do not invalidate transactions that stipulate them:

-1- a condition to postpone payment, though this requires that the date of payment be specified;

-2- a condition that collateral (def: k11) be put up as security (N: for payment of the price or for delivery of the merchandise);

-3- a condition that a particular individual will guarantee (def: k15) payment;

-4- or other conditions (O: from the seller, the buyer, or both) that the deal requires, such as an option to return the merchandise if defective, and so forth.

It is valid for the seller to stipulate that he is free of responsibility for defects in the merchandise. By doing so, he is not held responsible for an animal's internal defects which he does not know of, though he remains responsible for all other kinds of defects. (O: The conditions for this ruling are that the defect be internal, be found in an animal, be unknown to the seller, and that it exist at the time of the agreement.)

@K4.5: Paying Nonrefundable Deposits

It is not valid to pay a nonrefundable deposit towards the price of an article, such as paying a dirham for piece of merchandise on the basis that if the buyer decides to keep it, the dirham is part of the price, but if he does not, then the seller keeps the dirham for free.

(A: The school of Imam Ahmad permits non refundable deposits.)

@K4.7: Undercutting Another's Deal

It is unlawful to undercut a brother's deal (A: or a non-Muslim's, since there is no difference between Muslims and non-Muslims in rulings concerning commercial dealings) that he has made with a customer, after they have settled on the price excludes someone going around taking bids from those who are increasing them, as auctioneers do, which is not unlawful).

It is also unlawful to undercut a brother's price (O: that is, during the option to cancel at the time of the agreement (def: k1.3), or during a stipulated option to cancel period (def: k1.4) ) by telling the buyer, "Cancel the deal and I'll sell you one cheaper." (O: This also hols for other contracts, such as renting or lending the use of something.)

@K4.8: Bidding Up Merchandise

It is unlawful to bid up the price of a piece of merchandise that one is not really interested in, to fool another bidder.

@K4.9: Selling Grapes to a Winemaker

It is unlawful to sell grapes to someone who will make wine from them. (O: Like grapes in this is the sale of dates, bread, wheat, or barley, whenever one knows that this (A: i.e. alcoholic drink) will result, or thinks it will. If there is doubt or if one merely imagines it, then the transaction is merely offensive. (N: Think (zann) means to believe it probable, doubt (shakk) means one is undecided, and imagine (wahm) means to merely consider it possible.) Selling in such cases is unlawful or offensive because it is a means to disobedience, whether certain or suspected (A: means meaning an instrumental cause, as opposed to something which is not instrumental, such as renting a house to a drunkard, which is not unlawful because it is not a cause, though it is unlawful to rent a building to someone who intends to open a bar, for example).  Tirmidhi relates that the Prophet (Allah bless him and give him peace) cursed whoever drinks wine, gives it to others to drink, sells it, buys it, presses it for another, transports it, receives it, or eats its price.)

@K4.10

If one makes any of the above unlawful transactions (k4.6-9), the agreement is valid (dis: c5.2)

@K4.11: A Valid Sale Combined with an Invalid Sale

If one combines something valid to sell with something invalid to sell in one transaction, such as selling one's own garment together with someone else's without his permission, or such as selling wine and vinegar, then the transaction is valid for the portion of the price that covers the valid sale (O: no matter whether the person knew what the case was, or whether he did not and believed the sale permissible, thinking at the time, e.g. that the wine was vinegar) and is invalid for the portion of the price that was not valid (A: and the portion must be refunded to the buyer).  The buyer has the option to cancel the whole agreement if, at the time the deal was made, he did not know it included something inpermissible.

@K4.12: Joining Two Types of Transactions in One Contract

It is valid to join two contracts of different kinds (O: for example, a sale with a rent agreement) such as saying, "I sell you my horse and rent you my house for a year for such and such an amount" (O: though it is not necessary that they be different kinds, for the ruling also applies to two contracts of the same type, such as a partnership (def: k16) linked with financing a profitsharing venture (qirad, def: K22) ), or such as saying, "I marry you my daughter and sell you her house (N: as her proxy, the proceeds being hers) for so-and-so much," and the price is considered as proportionately distributed

over the two transactions.

*2*Chapter K5.0: The Return of Merchandise Because of a Defect

@(O: The criterion for defect is based on something that is expected to exist (n in merchandise), whether this expectation results from:

-1- stipulations agreed upon (dis: k4.4(4) );

-2- the customary level of quality (dis: f4.5) for merchandise of its type;

-3- or outright deception by the seller.

The author does not mention (1) in this section, but confines himself to (2) and (3). )

@K5.1: Informing a Prospective Buyer of Defects in Merchandise

Whoever knows of a defect in the article (O: he is selling) is obliged to disclose it. If he does not, he has cheated (O: the buyer, which is prohibited by the Prophet's statement (Allah bless him and give him peace), He who cheats us is not one of us"), though the transaction is valid (A: provided the buyer accepts it, as discussed below).

@K5.2: Returning Defective Merchandise

When a buyer notices a defect in the merchandise that existed when the seller had it, he is entitled to return it (O: though if he is content to accept the defect, he does not have to return it. He may also return it when the defect occurred after the sale but before the merchandise was delivered, since the merchandise is the seller's responsibility during this period).

@K5.3

The criterion (O: of defectiveness) is:

(a) any flaw that diminishes the article or its value to a degree that hinders a valid purpose;

(b) provided that such an imperfection does not usually exist in similar merchandise.

(O: The former restriction excludes such things as amputation of a surplus digit or a minor nick from the animal's thigh or hock that is inconsequential and does not obviate its purpose, in which case there is not option to return it. The latter restriction excludes defects not generally absent in similar merchandise, such as missing teeth in older animals. There is no option to return such merchandise, even if the value is diminished.)

@K5.4

If the buyer notices a defect in the merchandise after it has been destroyed (O: whether physically, such as an animal being killed, a garment worn out, or food eaten; or whether legally finished, by being no longer permissible to transfer from person to person, as when a site has been made an endowment (waqf, def: k30) ) - then a compensation (A: from the seller to the buyer) is obligatory. (O: The buyer is entitled to it because of the impossibility of returning the article due to its no longer exiting.

Compensation means a part of the article's price whose relation to the whole price is the same as the relation of the value which the defect diminished to the full value of the article if it had been without defect. (N: The difference between price and value is that the value is how much money an article is worth in the marketplace, while the price is whatever the sale agreement specifies, whether this be more or less than the value.) The value in such a case is fixed at the lowest value (A: for articles of its type current in the marketplace) between the time the deal was made and the time the buyer took possession of it.)

The buyer is no longer entitled to seek compensation for such a defect it (O: he notices the defect after) he no longer owns the article because of having sold it or otherwise disposed of it. But if such an article returns to the buyer's possesion after this (O: i.e. after having left his ownership, whether as a gift, or returned (A: from a subsequent buyer) because it was defective, or because of a cancelled deal, or he buys it back), then he is entitled to return it (A: to the person who originally sold it to him).

@K5.5

If an additional defect occurs in an article (O: other than the above-mentioned defect (A: that existed before the buyer received the article) ) while it is in the buyer's possession, then the buyer is only entitled to take a compensation (O: from the seller, to compensator for the original defect) and is not entitled to (A: insist that the seller accept) return (A: of the article for a full refund).

But if the original seller is willing to accept it back with the (O: new) defect, (A: refunding the original price,) then the buyers is not entitled to (A: keep the article and) demand compensation (O: for the original defect. Rather, the buyer is told, "Either return it, or else be content with it as it is and you get nothing,"; for the harm to the original seller which is what prevents (A: it being obligatory for him to accept) its return no longer exists if the seller is content to take it back, and the merchandise is as if the additional defect never occurred.

Their agreement is implemented if buyer and seller agree upon:

-1- the seller taking it back with (A: the seller refunding the original price, and the buyer giving him) compensation for the new additional defect;

-2- or the buyer keeping the merchandise, and the seller paying him compensation for the original defect;

since either of these options might satisfy the interests of the two parties. If the buyer and seller disagree about which of these two options should be implemented, the decision goes to whichever of them requests option (2), whether this person is the buyer or the seller, since it confirms the original contract).

@K5.6

If the new defect which occurs while the article is in the buyer's possession is the sole means of disclosing the old defect, such as breaking open a (A: spoiled) watermelon or eggs, and so forth, then the new defect does not prevent (A: the obligation of the seller to accept) its return. But if the new damage exceeds the extent that was necessary to reveal the original defect, then the seller is no longer compelled to accept it back.

@K5.7

It is a necessary condition for (A: cases where the buyer seeks a refund for something he is) returning (O: because of a defect) that the buyer return it immediately upon noticing the defect (O: and his option to return it is cancelled if he delays without an excuse).  On his way back to the seller, he should have two witnesses affirm that he is cancelling the agreement (A: so if the seller is unavailable at the time, the buyer is nevertheless able to prove that he went to return it immediately).  If the defect is noticed while one is praying, eating, using the lavatory, or at night (A: if the night presents a problem in returning it), then one is entitled to delay returning it until the hindrance preventing one from doing so is no longer present, provided one stops using and benefiting from it. If the buyer delays returning it when capable of doing so, then the seller is no longer obliged to accept the article back for a refund, or no longer obliged (A: in cases like k5.5 above) to compensate the buyer for the original defect (O: because the delay gives the impression that the buyer is satisfied with the defect).

@K5.9

(A: The term murabaha applies to sales where the seller states the price in terms of "the original price plus such and such an amount as profit," whether by original price he means the amount he originally paid for the whole lot, or whether he means the proportion of that price represented by the percentage of the lot which he is now selling.)

The seller in murabaha (O: meaning an agreement where the price consists of the original price plus increment) is obliged to inform the buyer of any defect that occurred in the merchandise while in his possession, such as by saying, "I bought it for ten (O: or "bought it for one hundred and sell it to you at what I bought it for, plus one dirham's profit on every ten") but such and such a defect happened to it while I had it." (O: He is likewise obliged to say, for example, "Such and such a defect appeared in it that was from the previous owner, and I accepted this.")

The seller in murabaha is also obliged to explain how much time he was given to pay the original price (A: since deferring payment generally raises the price, and merely stating such a raised price without mentioning that it was deferred would give the new buyer a false impression).

(O: The author should have mentioned (A: that telling the prospective buyer the above information is also obligatory in sales of) discount (A: on a lot of goods or portion thereof), as when the seller tells someone, "I sell it to you for what I bought it for, minus one from every eleven." These relings likewise apply to agreements stated in terms of, "I sell you it at the same price the original deal was made for.")

*2*Chapter K6.0: Selling Fruits and Crops

@K6.1

It is not permissible (O: or valid) to sell the fruit alone from a tree (A: without the tree, while still on it) before it is ripe, unless the agreement stipulates immediate picking of the fruit. But such a sale is valid without restriction if made after the fruit is ripe, meaning, for fruits that do not change color, to become fit to eat; and for fruits whose color changes, to start to turn the color of ripeness.

If both the tree and the fruit are sold together, the sale is permissible without stipulating that the fruit be picked.

@K6.2

Grain, when green, is subject to the same rulings as fruit before it is ripe: it may not be sold (O: nor would the sale be valid) unless the agreement stipulates immediate harvest, though there are no restrictions on sales made after the grain is sold and firm.

@K6.3

It is not permissible to sell grain when still in the husk, or to sell unripe nuts, almonds, or broadeans when these are in the shell. (A: When the latter three are dried, they may be sold in the shell.)

*2*Chapter K7.0: Merchandise Before the Buyer Takes Possession of It

@K7.1

Merchandise is the responsibility of the seller before the buyer has taken possession (def: k7.3) of it. If such merchandise is destroyed (Ar. talifa, to be finished off or used up) by itself or through an act of the seller, then the agreement is cancelled and no payment is due for it. If the buyer destroyes such merchandise, he must pay it sprice, and his destroying it is considered as having taken possession of it.

If a third party destroyes such merchandise, the deal is not cancelled but rather the buyer is given a choice to either:

-1- cancel the agreement and make the value (def: k5.4(N:) ) (O: of what the third party destroyed) a debt that the third party owes to the seller;

-2- or effect the deal, paying the seller the price (O: if he agrees to effect the deal) and making the third party liable to pay the value (O: to the buyer).

@K7.2

When one buys something, it is not permissible (O: or valid) to sell it until one has taken possession of it. (O: The invalidity of selling it likewise applies to all transactions disposing of it (A: such as renting it, giving it away, and so forth).

It is also invalid for the seller to dispose of the price in any way before it has been received from the buyer, unless the new transaction is with the same buyer and involves the very same (A: article that is the) price.)

But if the price is a financial obligation (N: that is, an amount of money, unspecified as to which particular pieces of money it is), the seller may ask for a different sort of payment, provided he has not already accepted the payment, as when he sells something for dirhams, but then accepts gold, a garment, or something else instead of them.

@K7.3

Taking possession means:

-1- for transportable things such as wheat or barley, that they be transported (N: by the buyer or his representative) (O: that is, when he moves the merchandise to a place not belonging to the seller, such as the street or the buyer's house);

-2- for things dealt with by hand, such as a garment or book, that they be taken in hand;

-3- and for other things, such as a house or land, that they be given over (O: i.e. the seller give the buyer control over them, such as by handing the key to him or moving others' belongings off the property).

*2*Chapter K8.0: Disputes Over What the Terms of a Transaction Were

@K8.1

When two parties agree on the validity of a transaction but disagree on its terms, and there is no proof, then they each swear an oath (dis: k8.2) affirming their side of the story. Such a disagreement could be:

-1- the seller saying that he sold it for immediate payment, while the buyer asserts that payment was to be deferred;

-2- the seller stating that he sold for ten, while the buyer maintains it was five;

-3- the seller saying he sold it to the buyer on condition that there be an option to cancel period (def:K1.4), while the buyer asserts that no such option was stipulated:

or similar disputes.

@K8.2

(N: Swearing an oath (def:o18) is a means for urging one's case when there is no proof, meaning no witnesses. When rulings mention, for example, that "So-and-so's word is believed," or "So-and-so's word is accepted," it means that his word is accepted when he swears an oath in cases where there is no proof presented by either of the two pairs. If there is proof, whether from the plaintiff or defendant, it is given precedence over an oath.)

@K8.3

In the oath for such cases, the seller swears first, saying, for example, "By Allah, I did not sell it to you for such and such an amount, but rather for such and such an amount." Then the buyer swears, "By Allah, I did not buy it for such and such, but rather bought it for such and such." It consists of one oath (A: from each party) which joins the denial of the other's claim with the affirmation of one's own claim, and in which the dential is recommended to precede the affirmation.

@K8.4

When the buyer and seller have sworn, but subsequently reach a solution that both accept, the agreement is not cancelled. But if they cannot reach an accord, they cancel the agreement, or one of them cancels, it, or the Islamic magistrate does (O: to end the trouble between them. When the agreement is cancelled, each returns whatever he has accepted from the other).

@K8.5

If either the buyer or seller testifies that a particular agreement is invalid, but the other party says it is valid, then the word of whichever of them asserts it is valid is accepted if he swears an oath (dis: K8.2).

It the buyer comes to the seller with a piece of merchandise, that he wants to return because of a defect, but the seller says that it is not the one he sold him, then the seller's word is accepted (O: when he swears).

If the buyers and seller disagree about a defect in an article that could have occurred while it was in the buyer's possession, but each party asserts that the defect occurred while in the other's possession, then the seller's word is accepted (O: when he swears).

*2*Chapter K9.0: Buying in Advance

@K9.1

Buying in advance means the sale of described merchandise which is under (A: the seller's) obligation (A: to deliver to the buyer at a certain time).

@K9.2: The Conditions for the Vilidity of Buying in Advance

In addition to the conditions for valid sales (def: k1.1-2, k2.1), other conditions (O: seven of them) must be met for buying in advance to be valid:

(a) that the price of the merchandise be received when the agreement is first made. It is sufficient to merely see the price that is being accepted, even when its exact amount is unknown;

(b) that the merchandise bought in advance be a financial obligation (dayn) (O: owed by the seller (N: meaning that buying in advance is not valid for particular individual articles ('ayn) (A: i.e "this one" and no other) ) which the seller will deliver when its time comes).  Its delivery may be due from the present onwards, or may be due later through deferment (O: by clearly stating whether it is to be due immediately or deferred) to a specific date (O: which specificity is a necessary condition for the validity of differing payment).  It is not permissible to say, "I advance you these dirhams for that particular horse" (O: which is invalid because of the condition that the merchandise bought in advance be a financial obligation (dayn), which the above-mentioned horse is not, but is rather a particular individual article ('ayn) );

(c) that the location to which the merchandise is to be delivered be clearly stipulated (A: though this is only a condition) in cases in which the buyer pays for it at a place where it cannot be delivered, such as the wilderness; or to which the merchandise can be delivered, but transporting it there involves considerable difficulty;

(d) that the merchandise bought in advance be determinately known by volume, weight, quantity, or yardage in terms of a familiar measure. It is not valid for someone to say "the weight of this stone," or "the capacity of this basket," if the (O: stone's) weight or basket's capacity is not known;

(e) that the merchandise be within the seller's power to deliver (def: k2.4) when the time for delivery arrives;

(f) that the merchandise not be generally subject to unavailability. If it is something rare (O: such as a great quantity of the season's first fruits of a particular kind of produce) or something not typically safe from unavailability, such as "the fruit of this particular date palm," then its sale in advance is not permissible;

(g) that those characteristics of the merchandise over which the buyer and seller might be at cross-purposes be expressly delineated by clear specifications. It is not permissible (O: to buy things in advance which cannot be defined by clear criteria, such as) for jewels or composites like meat pastry (O: composed of wheat, meat, and water, all of which are expected but not delineable in terms of minimal or maximal amounts), ghaliya perfume (O: composed of musk, ambergris, aloes, and comphor), or slippers

(O: composed of outer and inner layers and padding), nor articles whose top randomly differs from their bottom, like a lamp or pitcher (O: the top of which is sometimes wider than the bottom, or vice versa)

(N: though the Hanafi school permits such agreements, calling them made to order (istisna'), which they hold includes whatever is customarily bought in this way. They affirm the buyer's option to cancel the agreement when he see the merchandise, and it is obligatory that the article be described very precisely), nor something substantially processed and altered by fire (A: meaning heart), such as bread or roast meat, since describing it (A: i.e how much cooking it takes) is impossible in a precise way.

@K9.3

It is not permissible for the buyer to sell something he has bought in advance until he has received it.

@K9.4

It is not permissible to take some other type of merchandise in place of the article bought in advance (A: that is, when the buyer demands the substitute before the delivery of the original is due, though they may agree on it after that).

If the seller delivers the merchandise specified, or better (O: than what was specified), the buyer must accept it (O: since it is apparent that the seller could not find a way to fulfill his obligation save through this means. If the seller delivers merchandise that is inferior to what was specified, then the buyer may accept it, as this is voluntarily refraining from demanding his due, but he is not obliged to, because of the loss therein).

*2*Chapter K10.0: Personal Loans (Qard)

@(A: A Loan means repayable financial aid. It does not refer to lending a particular article ('ayn) for someone to use and then return after use, which is termed an 'ariyya (def: k19). )

@K10.1

Loaning (O: meaning to give something to the borrower on the basis that he will return its equal) is recommended.

@K10.2

A loan is effected through a spoken offer and acceptance (def:k1.1), such as saying, "I loan you this," or, "I advance you it."

@K10.3

It is permissible to give as a personal loan any article that may be brought in advance (def: k9.2 (b,d,e,f,g) ) and nothing else (A: though this restriction does not apply to lending for use ('ariyya, dis: K10.0 (A:) ) ).

@K10.4

It is not permissible for the lender to impose as a condition that the loan be repaid on a certain date (N: though for the Maliki school, to stipulate that repayment is obligatory on a certain date is valid and legally binding).

@K10.5

It is not permissible for the lender to impose some condition that will enable him to benefit from the loan, such as a condition that the borrower must return superior to what was loaned, or such as saying, "on condition that you sell me your horse for such and such an amount," for these are usurious gain (riba).  But it is permissible for the borrowers to return superior to what was loaned without this having been stipulated.

@K10.6

It is permissible for the loan agreement to include the condition of collateral (O: meaning for the recipient to give the lender something as collateral (def: k11) for what he borrows) or the condition of a guarantor (O: such that the recipient brings someone to guarantee that the loan will be repaid (def: K15) ).

@K10.7

The recipient of a loan is obliged to repay the equal of what was lent, though it is permissible for the lender to accept something other than the (A: type of) thing loaned. If the lender gives the recipient a loan and later meets him in another town and asks for it back, the recipient must repay it if it was gold or silver and the like, though if the loaned commodity was something troublesome to carry, such as wheat or barley, then the recipient is not obliged to pay it back (A: in kind) but is merely obliged to pay back its value.

*2*Chapter K11.0: Putting Up Collateral (Rahn)

@(O: In Sacred Law collateral is a piece of saleable property put up as security for a financial obligation to cover the amount if it should prove impossible to repay.)

@K11.1: Conditions for the Validity of Putting Up Collateral

Putting up collateral is only valid when done by someone with full disposal over his own property, as security for a financial obligation (dayn, dis: k9.2(b) ) that is currently due, such as the price (O: due for merchandise after its delivery), or a personal loan, or for a financial obligation that is currently becoming due (N: such as something's price) during the option to cancel period (def: k1.4).  (O: The collateral's being security for a financial obligation is one restriction on its validity, and for one that is currently due is another. It is not valid to put up collateral for a particular individual article ('ayn) or the use of an article, since (A: the obligation to deliver) a particular article is not a financial obligation (dayn), as the selfsame article cannot be obtained by selling the collateral.)

Putting up collateral is not valid in cases in which the financial obligation is not yet due, such as collateral accepted (O: by a lender) as security for a loan that he will make (O: in the further).

It is necessary (O: for the validity of putting up collateral) that there be a spoken offer (O: by the person putting up the collateral) and spoken acceptance (O: from the person accepting it, just as it is necessary for sales, the conditions mentioned in connection with sales (k1.1) applying equally here).

The agreement is not legally binding until the collateral has been taken possession of with the permission of the person putting it up, who is entitled to cancel the agreement (A: at any point) before the collateral has been taken possession of (def: k7.3).

When the agreement has been effected, if the two parties (A: the collateral's giver and receiver) agree that the collateral should be dept with either of them, or with a third party, this is done. If not (O: if they do not agree), the Islamic magistrate has it kept with an upright person (def: o24.4) (O: to end the disagreement. But the magistrate is not entitled to place it with either of the two parties without the other's permission).

@K11.2: General Provisions Concerning Collateral

The collateral must be an article that is permissible to sell (def: k2.1).

None of the collateral may be separated from the rest of it until the financial obligation has been entirely paid off.

The person who put up the collateral is not entitled to dispose of it in any way which infringes upon the right of the person who has received it as collateral (O: such as transferring its ownership to another) by selling it or giving it away (O: or putting it up as collateral for another person), or to dispose of it in any way that diminishes its value, such as wearing (O: a garment put up that would depreciate by being worn), though he may use it in ways that do not harm (O: the interests of the person who has received it) such as riding it, or living (O: in a house that has been put up as collateral).

@K11.3

An article put up as collateral for a financial obligation may not (A: at the same time) be put up as collateral for a second financial obligation, even when the second obligation is with the same person who has accepted the article (A: for the first one).

@K11.4

The expenses for maintaining an article put up as collateral (O: such as fodder for livestock, or the wages of a person watering trees) are the responsibility of the person who put it up, and he may be compelled to pay them to protect the rights of the person receiving it (O: lest it be destroyed).  The person who put it up is entitled to the increments produced by it (O: that are separable from it) such as milk or fruit.

@K11.5

If the article is destroyed while in the possession of the person who received it as collateral without negligence on his part (A: meaning he took the precautions normal for similar articles), then he is not obliged to pay anything for its loss. But if destroyed because of his negligence, then he is obliged to pay the article's value to the person who put it up though its destruction does not eliminate any of the original financial obligation for which the destroyed collateral was put up. (O: When the collateral has been destroyed and the two parties are at a disagreement,) the final word as to how much the article was worth (A: when there is no proof (dis; k8.2) ) belongs to the person who received it as collateral (O: provided he swears an oath as to how uchit was).  But the final word as to whether the collateral has been returned (A: to its owner after his financial obligation has been paid) belongs to the person who put it up (A: when there is no proof, and he swears).

@K11.6

The benefit of collateral is that the article is sold (A: by the person who put it up) when there is need to pay the amount which is due. If the person who put it up refuses (O: to sell the article when the person who has received it as collateral asks him to), then the Islamic magistrate has him either pay the original obligation or else sell the article. (O: He is given a choice between the two alternatives.) If he continues to refuse (O: to sell), then the Islamic magistrate sells it for him. (O: If the person who put it up is absent, then this is established by proof to the magistrate, who sells it for him and gives the person who accepted the collateral his due. If there is no Islamic magistrate and no proof (A: that there is a financial obligation for which the collateral has been put up), then the person who accepted it as collateral is entitled to sell it himself.)

*2*Chapter K12.0: Bankruptcy (Taflis)

@(O: Bankruptcy occurs when the Islamic magistrate makes a debtor bankrupt by (N: declaring him so and) forbidding him to dispose of his property (N: such that if he disposes of is, his disposition is not effected). )

@K12.1

When someone obliged to pay a current debt is being asked to pay it, and he claims that he is unable to (O: while his creditors deny this), then if it is known that he has saleable property, he is kept under arrest until he provides evidence that he cannot pay. If no (O: i.e if it is not known that he has saleable property), then he swears an oath (O: that there is no property), and (O: when it is established that he is unable to pay, whether through evidence, or though his oath) he is released (O: and given time) until his circumstances allow him to pay (O: and his creditors may not keep after him, because of Allah's word,

"If there be someone in difficulties, let him have respote until things are easier" (Koran 2:280) ).

@K12.2

But if he has saleable property (O: such as real estate, home furnishings, or livestock) and refuses to pay his debt, then the Islamic magistrate sells it for him and pays his debt. If the proceeds of the sale are insufficeient to cover the debt, and he or his creditor asks the magistrate that he be suspended from dealing in his property, then this is done (O: obligatorily, if requested).  When the person is suspended, his disposal over his own saleable property is not legally binding or effective, and the magistrate pays the person's expenses and those of his family (O: whom he is obliged to support (def: m12.1) ) out of this (O: suspended) property if he is unable to earn enough to pay his expenses.

Then (O: after the person has been suspended) the magistrate sells the property in the most profitable manner and divides the proceeds according to the percentage of the total debt which is owed to each creditor.

@K12.3

If one of the creditors is owed money on a debt which is not yet due, he is not entitled to be paid from the proceeds. (N: Rather, if the bankrupt does not agree to pay the person immediately, the magistrate keeps this person's share until the debt is due (A: and then pays him). )

@K12.4

If one of the creditors has accepted an article of the bankrupt's property as collateral from him for a debt, he is paid the amount owed to him from the sale of the collateral (O: and if there is money from its sale in excess of what was owed to him, it is distributed among the other creditors).

@K12.5

If one of the creditors finds the very piece of merchandise he sold to the bankrupt person, he may choose between selling it and dividing the profits with the other creditors, or cancelling the deal and taking back the piece of merchandise, provided there is nothing to prevent taking it back such as it being subject to preemption by a part owner (shuf'a, def: k21), or the bankrupt person having made it collateral to another person, or the merchandise's being mixed with merchandise better than it, or some similar objection.

@K12.6

The bankrupt person is permitted to keep a suitable set of clothes and enough food for himself and his dependents to suffice for the day on which his saleable property is divided up. (N: If the bankrupt is then earning enough to suffice himself and his dependents, he is left as is. If not, then he is supported by the Muslim common fund (bayt al-mal), like all poor people. If there is no common fund, he must be supported by all the Muslims.)

*2*Chapter K13.0: The Suspension of Children and the Insane from Dealings

@(O: Suspension is of two types:

-1- The first has been established in Sacred Law for the interests of others, such as the suspension of a bankrupt person in the interests of his creditors, or the suspension of the person putting up collateral from dealing in it, in the interests of the person who has accepted it.

-2- The second has been established in Sacred Law in the interests of the suspended person, which is the type of suspension our author refers to in the following.)

@K13.1

It is not permissible for a child or insane person to dispose of their own property (N: and their doing so is considered legally invalid) (O: to protect them from loss. The fact that a person is a child, male or female, even if at the age of discrimination (def:f1.2), negates the legal efficacy of whatever he says, as well as his legal authority over others, both in respect to transactions such as sale, and in respect to religion, such as Islam. His Islam is not valid, since it requires full capacity for legal responsibility (taklif, dis: c8.1).  And this state continues until he reaches puberty. Insanity similarly negates the legal efficacy of whatever the insane person says, as well as his legal authority over others. His Islam is not valid, nor his leaving Islam (def: o8), nor are his dealings, as previously mentioned).

(A: Also suspended from commercial dealings is the foolhardy person (safih), meaning a spendthrift who is chronically careless with his money. In the schools of Shafi'i and Ahmad, this class also includes those who are careless about their religious obligations, as they too are considered too foolish to deal in their own property.)

@K13.2

A guardian conducts such a charge's affairs, the guardian being:

-1- the charge's father;

-2- the father's father, if the father is deceased;

(O: it is a necessary condition that they be upright (def: o24.4), at least outwardly, though they need not be Muslim unless the child is Muslim)

-3- if neither of them is alive, then the person designated by the guardian's will (wasiyya, def: L3) to take custody of the charge;

-4- or if no one has been designated by the will. then the Islamic magistrate or his representative.

@K13.3: The Guardian's Disposal of His Charge's Property

The guardian deals with the charge's property to the charge's best financial advantage (O: and is entitled to sell it for needs that arise, such as when he does not have enough to cover his charge's expenses and clothing).

@K13.4

If the guardian claims to have spent his charge's property to cover the charge's expenses, or claims that the property has been destroyed (O: by an act of God (A: and not through his negligence) ), then his word is accepted (O: about it without having to swear an oath).  But if the guardian claims to have given the property to the charge (O: i.e. to the child who has reached maturity or the insane person who has regained his sanity), then his word is not accepted (O: because of the ease with which he could have legally established that he gave the property to his charge at the time of doing so. if he did not obtain witnesses to observe the property being handed over, he is guilty of remissness for neglecting to have it witnessed).

@K13.5

Suspension from dealings ends (O: without a ruling from the judge) when a child reaches puberty and mental maturity, meaning that he:

(a) is physically mature;

(b) shows religious sincerity;

(c) and is competent to handle his own property.

(O: For an insane person, suspension ends when he regains his sanity, shows religious sincerity, and displays competence in handling his property. Religious sincerity means that a person performs acts of obedience and avoids disobedience and the unlawful. Competence in handling one's property means that one does not waste it by losing it, for example, in buying something outrageously overpriced. Both of these traits ((b) and (c) ) are the criteria for maturity according to Imam Shafi'i, as opposed at Abu Hanifa and Malik, who hold that competence in handling property is sufficient.)

@K13.6

A charge is not give his property until his competence in handling it has been tested before puberty in a manner appropriate to him. (O: Thus a merchant's son is tried at striking a bargain in dealings, having been given money to do this, though not actually concluding the deal, which is done by the guardian. A farmer's son is tested at agriculture and managing the expenditures connected with it.

An examination is also made of the charge's religion, by observing whether he performs acts of worship, avoids acts of disobedience, shuns the unlawful, and is wary of things that are doubtful (dis: j16.1).

It is necessary that this testing be repeated one or more times.)

@K13.7

It the suspended person reaches puberty or regains his sanity but is corrupt in his religion or incompetent in financial dealings, then his suspension continues and he is not permitted to deal in his property by selling or anything else, with or without his guardian's permission, though if the guardian permits him to marry, the marriage is valid.

If the suspended person reaches puberty with religious sincerity and financial competence, but subsequently squanders his wealth, then he is resuspended by the Islamic magistrate not the guardian.

But if the person becomes morally corrupt (A: after having reached puberty), he is not resuspended (N: provided his corruption does not involve spending money on what is unlawful, though if it does, he is suspended from dealing).

@K13.8

Puberty applies to a person after the first wet dream, or upon becoming fifteen (O: lunar) years old, or when a girl has her first menstrual period or pregnancy.

*2*Chapter K14.0: Transferring the Right to Collect a Debt (Hawala)

@(O: In Sacred Law, a transfer is an agreement that moves a debt from one person's responsibility to another's.)

(n: Given three persons, X (al-muhtal), Y (al-Muhil), and Z (al-muhal `alayhi) (A: where X loans Y a dirham, and Z already owes Y a dirham, so Y transfers the right to collect the old debt (that Z owes him) to X, instead of repaying X for the new debt. Such transfers have six integrals:

(a) Y;

(b) X;

(c) Z;

(d) Y's debt to X;

(e) Z's debt to Y;

(f) Y's spoken offer and X's spoken acceptance). )

@K14.1

It is a necessary condition for the validity of transferring a debt that Y wishes to do so, and that X accepts. It is not necessary that Z wishes it.

(O: The agreement also requires a form, which is the spoken offer and acceptance (def:k1.1), meaning Y's offer and X's acceptance.)

@K14.2

Such a transfer is not valid unless z owes Y a debt and Y owes X a debt.

A transfer is valid respecting a legally binding debt(O: owed to X) for another legally binding debt (O: Z owes to Y), provided:

(a) that X and Y know what is being transferred (A:gold, silver, or wheat, for example) for what;

(b) that X and Y know that the two debts are homogeneous in type (A: such as money for money, or wheat for wheat) and in amount (O: though if Y owes X five, and Z owes Y ten, and Y transfers (A: the right to collect) five of it to X, then this is valid);

(c) and that X and Y know whether the debts are currently due or payable in the future (A: the two debts may differ in this respect if both parties agree).

@K14.3

(O: The validity of a transfer is not affected by the existence of collateral (def: k11) or of a guarantor (def;k15) as security for one of the debts, but the occurence of the transfer eliminates (A: either form of) security, the guarantor being relieved of any responsibility and the collateral no longer being collateral.)

@K14.4

Through a valid transfer, Y no longer owes X a debt, Z no longer owes Y a debt, and the debt owed to X becomes the responsibility of Z. If X is unable to collect the debt from Z because Z is bankrupt or denies the existence of the debt or for some other reason (O: such as Z's death), then X is not entitled to go back to Y (A: to collect it) (N: but rather it is as though X has accepted for the debt a remuneration which was subsequently destroyed in his possession).

*2*Chapter K15.0: Guaranteeing Payment (Daman)

@(O: Guarantee lexically means ensuring implementation, and in Sacred Law means to ensure a financial obligation which is another's or ensure the appearance of a particular person whose presence is required.)

(n: Given three persons, P (al-madmunlahu), Q (al-madmum 'anhu), and R (al-damin) (A: where P loans Q a dirham, and R guarantees to P that either Q will repay it or else he, R, will repay it. Such guarantees have five integrals:

(a) R;

(b) P;

(c) Q;

(d) the debt covered;

(e) and the form of the agreement). )

@K15.1: Guaranteeing Another's Financial Obligation

It is necessary condition for the validity of guaranteeing payment that R have full right to manage his own property. It is not valid from a child, someone insane, or a foolhardy person (def: k13.1(A:) ), though it is valid from someone suspended for bankruptcy.

@K15.2

It is a condition for the validity of a guarantee that R know P, though it is not necessary that P agree to it.

It is not necessary that Q agree, or that R know Q.

@K15.3

It is necessary that the guaranteed debt be a financial obligation (dayn, dis: k9.2(b) ) that is existent (O: since it is not valid to guarantee a debt before it exists, such as "tomorrow's expenses") and is determinately known (O: in terms of amount, type, and description).

@K15.4

It is necessary that R make the guarantee in words (O: or their written equivalent, with the intention) that imply he is effecting it, such as "I guarantee your debt [O: that So-and-so owes you], "I will cover it," or the like. (O: These are explicit expressions in that they mention the guaranteed financial obligation. When it is not mentioned, the expression is allusive, which is valid provided the financial obligation is what is intended, and the speaker knows how much it is Otherwise, allusive expressions are not valid.)

It is not valid to base the implementation of a guarantee on a condition, such as saying, "When Ramadan comes, I hereby guarantee it." (O: Nor is it valid to make it subject to time stipulations, such as saying, "I guarantee what So-and-so owes for one month, after which I no longer guarantee it.")

@K15.5

When a seller has accepted the price of something, it is valid (O: for someone) to guarantee the buyer his money back if the merchandise should prove to belong to another or to be defective. (O: It is likewise valid for someone to guarantee to the seller that the merchandise will be returned if the price paid for it should turn out to belong to someone other than the buyer.)

@K15.6

P is entitled to collect the guaranteed debt from R and Q (O: by asking both of them or either for the full amount, or one of them for part of it and the other for the rest of it).

If another guarantor guarantees the debt for R (O: by saying (A: to P), "I guarantee Q's debt [A: to you] for R"), then P is entitled to collect it from all (A: from Q,R, and the new guarantor).

@K15.7

If P asks for payment from R, then R is entitled to ask Q to pay the debt, provided that Q had given his permission to R before R guaranteed it.

@K15.8

If P cancels the debt Q owes him, then R is also free of the obligation to pay P. But if P cancels R's obligation to cover Q's debt, then Q is not thereby free of the debt he owes P.

@K15.9

If R pays Q's debt to P, then R can collect it from Q, provided that q had given his permission to R before R guaranteed it. But if Q had not (O: given his permission to R to guarantee), then R is not now entitled to collect it from Q, no matter whether R paid if off with Q's leave or without it.

@K15.10

It is not valid to guarantee delivery of particular articles (`ayn) (A: as they are not financial obligations (dis: k9.2(b) ), such as something wrongfully taken, or articles loaned for use (O: i.e. "guaranteeing" they will be returned to their owner).

@K15.11: Guaranteeing Another's Appearance

It is permissible for R to guarantee that Q will appear in person (O: in court) provided:

(a) that Q owes someone something or is liable to punishment for a crime against another person, such as when the other is entitled to retaliate (def: O1-03) against Q, or when Q has charged someone with adultery without evidence (def:o13);

(b) and that Q gives R permission to guarantee his appearance.

It is not valid to gurantee Q's appearance if (non-(a) above) Q's crime is against Allah Most High (O: such as drinking,adultery, or theft).

@K15.12

If R guarantees Q's appearance but does not specify when, he is required to produce Q at once. But if R stipules a certain time, then he is required to do so at that time.

If Q disappears and his where abouts is unknown, R is not required to produce Q until he knows where Q is.

(A: When R knows where Q is, then) R is given time to travel to where Q is and return. If R does not bring Q, then R is under arrest, though he is not responsible for Q's (A:unfulfilled) financial obligations.

If Q dies, the guarantee is nullified, though if R is asked to produce Q's body before burial to verify its identity, he is obliged to if able.

*2*Chapter K16.0: Partnerships (Sharika)

@K16.1

Partnership is valid with anyone having full right to dispose of his own property.

@K16.2: Cooperative Partnership

There are four kind of partnership (dis:k16.9) of which one alone, cooperative partnership, is valid. It consists of each of the two (A: or more) partners putting up capital, which must be either money or a fungible commodity typically transacted measure for measure (mithli, def:k20.3(1) ) (O: as opposed to goods appraised and sold as particular pieces of merchandise (mutaqawwim), which cannot form the basis of a partnership because it is impossible to mix each partner's share with the other's (dis:below) ).

@K16.3

It is a condition for the validity of a cooperative partnership that the two shares of capital put up by the partners be inter mixed such that it is impossible to tell them apart.

@K16.5

It is a necessary condition that each partner give the other his permission to handle the capital (O: that they have put in common).

Each partner must deal in a a way that realizes their common capital's best advantage and maximal safety. Thus, neither partner may travel with it (O: i.e. the shared capital, because of the danger in travelling) or sell for postponed payment (N: unless the other partner gives him permission, in which case (A:either of) these are permissible).

@K16.6

It is not necessary that the two shares of capital put up by the partners be equal in amount.

Both profits and losses are divided between the two partners in proportion to the percentage of the shared capital each of them put up (O: even if there is a difference in the amount of work that each does).  If they stipulate otherwise, the partner who put up one hundred, for example gets two-thirds, while the partner who put up two hundred gets one-third; or stipulating that each gets an equal share, despite having put up unequal amounts).  (N: This is in the Shafi'i school. The Hanafis and Hanbalis hold that it is permissible for the distribution of profits to be disproportionate (A: to the amount of capital each invests0, corresponding to the disproportionate amount of work each puts into the venture (A: or any other division of the profits which they both agree upon). )

@K16.7

If partner A forbids partner B handle the shared capital, then B is not entitled to handle it, though A is still entitled to (O: handle both shares, one of which is his by ownership, and the other by permission of his partner) until B forbids him to handle it.

@K16.8

Each partner is entitled to cancel the partnership whenever he wants (O: and it is also cancelled by the death or instanity of either or both partners).

@K16.9

The following types of partnerships are not valid:

-1- manual partnership (sharika al-abdan), such as the partnership of two porters or other workers agreeing to divide their earnings between them (N: though this type of partnership is valid in the Maliki, Hanbali schools);

-2- well-known partner partnership (sharika al-wujuh) (n: such as of two individuals who put up no capital, but have good reputations among people which create confidence and enable them to purchase trade goods for deferred payment, the profits from the sale of which they agree to divide between them (Mughni al-muhtaj ila ma'rifa ma'ani alfaz al-Minhaj (y73), 2.212) ).

-3- and comprehensive partnership (sharika al-mufawada) (n: an agreement by which the partners share whatever they each earn from their respective (A: separate) funds and labor, mutually covering the financial liabilities incurred by either (ibid.,2.212) ).

*2*Chapter K17.0: Commissioning Another To Do Something (Wakala)

@(n: Given persons X (al-muwakkil) and Y (al-wakil) (A: where X and Y article to sell for him. This section deals with commissioning others to carry out such requests, which have four integrals:

(a) X;

(b) Y;

(c) the act that is being commissioned (al-muwakkal fihi);

(d) and the words by which X commissions Y to do it). )

@K17.1

It is a necessary condition that both X and Y have full right to perform the act being commissioned, though it is permissible to commission a child to let people into one's house or take a gift to someone.

@K17.2: Things One May Commission Others To Do

X may commission Y:

-1- to conclude contracts on X's behalf (O: such as a sale, gift, putting up collateral, conducting a marriage contract, guaranteeing payment, or transferring a debt);

-2- to cancel contracts on X's behalf (O: such as cancelling a sale or returning defective merchandise);

-3- to conduct X's divorce;

-4- to make claims (A: by lawsuit against others, as lawyers do);

-5- to ensure fulfillment of established claims (O: from whoever owes them to X, after they have been established by proof);

-6- or to take possession of something that is free to take, such as wild game, pasturage, or water

(O: by Y conveying it from land which X is permitted to take it from, since this is a way of gaining property just as sale is).

@K17.3

It is not permissible for Y to undertake obligations of worship that X owes Allah Most High, except for:

-1- distributing zakat to deserving recipients (O: or giving food or alms as an expiation, or voluntary charity);

-2- performing hajj (O: or 'umra, which another may perform on the behalf of an invalid or a deceased person);

-3- and slaughtering sacrifices (dis: j12.6 (end), j14.3).

@K17.4

It is permissible to commission Y to perform an obligation (O: to Allah) that consists of inflicting a prescribed legal penalty (hadd) (O: such as the penalties for the crimes of accusing another of adultery without proof (def:o13), adultery, or drinking), but is not permissible to commission Y to establish that such an obligation exists (O: such as by X telling Y, "I commission you to affirm [A: in court, by Y submitting X's testimony] that So-and-so has committed adultery," or "that So-and-so has drunk wine").

@K17.5

It is a necessary condition for the validity of X's commissioning Y that there be:

(a) a spoken proposal (O: indicating X's wish for Y to handle some matter for him) that does not restrict the (A fact of there being a) commission by giving conditions under which the commission takes effect (O such as saying, "If So-and-so come, I hereby commission must be) such as saying, "I commission you, " or "Sell this garment for me";

(b) and an acceptance (O:by Y, whether this be) in word or deed, i.e. by Y simply doing what he has been asked to, it is not necessary that his acceptance take place immediately.

@K17.6

When X validity commissions Y to do something, X may include stipulations about how it is to be carried out, such as saying, "I commission you, but don't sell it sell it till after a month." (A: The previous ruling prohibits stipulations restricting the fact of Y being commissioned Y and his stipulations merely govern how Y is to do it.) (O: A temporary commission, such as saying, "I commission you for one month," is also valid.)

@K17.7

Y may not commission another to perform what X has commissioned Y to do unless X either gives Y permission to commission another, or Y cannot undertake the task (O: because he is unable to, or it doe not befit him) or it incapable of it because it is too much (A: for a single person to perform).

@K17.8: The Agents Discretionay Powers

Y is not entitled to sell an article (A: he has been commissioned to sell) to himself or his underage son, nor (O: is it valid) to sell it:

-1- for less than the current price of similar articles;

-2- for deferred payment;

-3- or for other than the type of money used locally;

though Y may do these (O: (1), (2), or (3) if X grants him permission to.

@K17.9

Y's sale of the commissioned article is not valid when X specifies the type of funds he wants as its price, but Y sells it for a different type, such a when X says, "Sell it for a thousand dirhams," but Y sells it for a thousand dinars. But Y's selling it is valid if X specifies the amount he wants and Y sells it for more, provided the type of funds is the same, as when X says," Sell it for a thousand, "but Y sells it for two thousand-unless X has specifically prohibited this (O: in which case the sale would not be valid, as it contravenes X's commission).

@K17.10

If X commissions Y to "buy such and such a thing for a hundred, "but Y buys one worth a hundred for less than a hundred, then the purchase is valid. But if Y buys one for two hundred that is worth two hundred (A: when X has commissioned him to buy one for a hundred), then the purchase is not valid. If X tells Y, "Buy a sheep with this dinar, "(O: and describes it in type and so forth, since without such a description, the commission would not be valid), but Y buys two sheep (A: with that dinar) of which each one is worth a dinar, then the purchase is valid and both sheep belong to X,though if the sheep are not each worth a dinar, then the purchase is not valid.

@K17.11

When X commissions Y to sell something to a particular person, it is not permissible (O: or valid) for Y to sell it to another.

@K17.12

When X tells Y, "Buy this [A: particular] garment,"and y buys it and X finds it is defective, then Y may return it for a refund (O: and so may X, since he is its owner).  But when X merely tells Y to "buy a garment" (O: without further restriction), then it is not permissible for Y to buy a defective one (O: because the lack of further restrictions is understood to mean being free of defects, and if Y buys a defective one, the purchase is invalid).

@K17.13

It is a necessary condition that the thing Y is being commissioned to do is determinately known

(O: to X and Y) in some respects. Thus, if X says, "I commission you to sell my property and conduct the divorce of my wives," his commission is valid, though if he merely commission Y to "handle everything large or small," or " all of my affairs, " it is not valid.

@K17.14

Y's responsibility in a commission is that of someone who has been given a trust (O: since he represents X, and his possession of the article is like X's).  meaning that if (O: X's) property is destroyed without negligence while in Y's possession, Y does not have to pay for it. (O: But when Y is to blame and negligent, a when he uses the article himself or keeps it in a place lacking the normal precautions for safeguarding similar articles, then he must pay for its loss, as with any trust.)

@K17.15

Y's word (dis: k8.2) is accepted over X's when there is a dispute:

-1- concerning the commissioned article's destruction;

-2- as to whether the article was or was not returned to X;

-3- or whether Y betrayed his trust.

@K17.16

Either X and Y may cancel the commission at any time. If X relieves Y of his commission, but Y does not learn of this and performs it, then what he has done is not legally binding or effective (O: because he did not have the right to handle the matter).

@K17.17

The commission is cancelled when X and Y dies, loses his sanity, or loses consciousness (Ar. ughmiya 'alayhi, i.e. through other than falling asleep).

*2*Chapter K18.0: Deposits for Safekeeping (Wadi`a)

@(n: Given persons P (al-mudi') and Q (al-wadi') (A: where P deposits an article with Q for safekeeping until such time as P should want it back. Such deposits have four integrals:

(a) the article (al-wadi'a);

(b) the verbal agreement;

(c) P;

(d) and Q). )

(O: The appropriateness of mentioning deposits for safekeeping after having discussed commissioning others is plain, namely that both the person commissioned and the person with whom something is deposited are bearers of a trust, and do not pay for the loss or destruction is the result of their wrongdoing (A: or remissness in taking normal precautions). )

@K18.1

Deposits for safekeeping are only valid when both P and Q full right to handle their own property.

Thus, if a child or a foolhardy person (def: k13.1 (A:) ) deposits something for safekeeping with an adult, he should not accept it. If he does, then he is responsible for it (O: and must cover the cost if it destroyed) and is not free of the responsibility until he returns it to the child's guardian. He is not free of the responsibility if he merely returns it to the child.

If an adult deposits something for safekeeping with a child (A: or other person without full disposal over their affairs), then the child is not responsible if the article is destroyed through negligence or otherwise (O: as when an act of God befalls it), though if the child destroys the article, he is financially responsible for it.

@K18.2

It is unlawful for Q to accept a deposit for safekeeping when he is not able to protect it. It is offensive for him to accept it if he is able to protect it but cannot trust himself and fears he may betray the responsibility> But if he can trust himself, it is desirable and praiseworthy for him to accept it.

@K18.3

If Q accepts a deposit for safekeeping, he is obliged to keep it in a place meeting the normal specifications for safeguarding similar articles (A: for his town and times) (O: which varies according to the nature of the article deposited, as each thing has precautions proper to safeguarding it (dis:o14.3) ).

@K18.4

If Q plans to travel or fears he may die, he must return the deposited article to P. If Q cannot find P or someone commissioned by P (A: to manage P's affairs), then he must deliver it to the Islamic magistrate (A: to keep for P).  If there is none, Q leaves it with a trustworthy person (O: and he is not obliged to delay his trip), though if he deposits the article with a trustworthy person when there is an Islamic magistrate, he is still financially responsible for it.

If Q fails to take the above measures (A: of returning it to the owner or next most appropriate person available)  and he dies without having provided in his will for returning the article, or he travels with it, then he is financially responsible for it, unless he dies suddenly, or looting or fire breaks out in the city, and he travels with it because of being unable to give it to any of the above persons.

@K18.5

Whenever P asks for the deposited article, Q is obliged to return it by allowing P to take it (O: i.e. by relinquishing possession of it, though this does not mean he has to transport it to P).

@K18.6

Q is financially responsible for the deposited article if:

-1- without excuse, he delays allowing P to take it;

-2- he deposits the article or safekeeping with a third party, without having had to travel and when there was no need;

-3- he mixes the deposited property with his own property or with some of P's other property such that the deposited property is no longer distinguishable from what it has been mixed with (O: as opposed to when the deposited property can be easily distinguished and has not depreciated as a result of being mixed);

-4- he takes the article out of the place of safekeeping to use, even if he did not use it (O: because merely taking it out with such an intention is a betrayal of his trust);

-5- he does not keep it in a place meeting the normal specifications for safeguarding similar articles;

-6- or if P has told him, "Keep it in such and such a particular place for safeguarding, "but he instead puts it in a different place less protected (O: than the one P indicated), even when this second place meets the normal specifications for safeguarding similar articles (O: though if Q puts it in a different place with protection equal or superior to the place P has indicated, Q is not responsible for it).

@K18.7

Either party may cancel the deposit for safekeeping agreement at any time. The agreement is also annulled when either party dies, loses his sanity, or loses consciousness (Ar. ughmiya `alayhi, i.e. through other than falling asleep).

@K18.8

Q's responsibility in accepting a deposit for safekeeping is that of someone who has been given a trust (O: meaning that his claims when he swears an oath (N: and neither side has proof (dis:k8.2) ) are accepted, a he is a trustee).  His word is accepted over P's when there are disputes about:

-1- whether the deposit for safekeeping was actually made (O: When P claims that it was);

-2- whether the article was returned to P;

-3- or whether and how the article was destroyed (O: when Q claims it was).

Thus if Q says, "You did not deposit anything with me," or "I returned it to you," or :It was destroyed without negligence on my part," then his word is accepted when he swears.

@K18.9

It is a necessary condition for the validity of a deposit for safekeeping that P states it in words such as "I entrust it to you to keep," or "I entrust it to you to protect." It is not necessary that Q give a spoken reply to this, but is sufficient for him to simply accept the article.

*2*Chapter K19.0: Lending Something for Use (`Ariyya)

@(n: Given persons A (al-mu'ir) and B (al-musta'ir) (A: where A lends B an article to use and return after use. This section discusses such loans, which have four integrals:

(a) the article (al-`ariyya);

(b) the verbal agreement;

(c) A;

(d) and B). )

@K19.1

A's lending an article for B to use is valid if A possesses full disposal over his own property and has the lawful right to the article's use, even if he is only renting (n: though not if someone else has lent him the article without giving him permission to relend it, as at k19.8).

@K19.2

It is permissible to lend anything that can be benefited from while the article itself still remains

(O: such that B gets some use out the article, as is usually the case, or else he materially gains from it, as when he borrows a sheep for its milk or its expected offspring, or borrows a tree for its fruit. It is not valid to lend something of no lawful benefit such as a musical instrument (dis: r40), or such things as edibles, which do not themselves exist after use, since their use consists solely in their consumption). 

(A: The latter would be a loan (qard, def:k10) repayable in kind, and hence not included in lending for use.)

@K19.3

It is necessary for the validity of lending something for use that either A or B state the agreement in words. (O: The loan is not valid except by either A or B stating it, such as by B telling A, "Loan me such and such." and then A giving it to him. The action alone, between A and B, is insufficient.)

@K19.4

B may then use the article according to the permission given. He may:

-1- do what A has given him permission to;

-2- or do the equivalent (O: in respect to the wear and tear on the article involved) or something less, though not if A has forbidden B to do other than what he has specifically given him permission to do.

If A tells B, "Plant wheat,"(A: on land lent), then it is permissible for B to plant barley, though not vice versa (O: since wheat is harder on the soil than barley), while if A merely permits B to plant, without further restriction, then B may plant whatever he wishes.

@K19.5

When A permits B to plant an orchard or build buildings on property he lends B, but later wants the land back, then:

-1- if A had stipulated that B would have to remove the trees or buildings, then B removes them (O: obligatorily, performing what was stipulated, for if B will not, then A may remove them);

-2- but if A had not stipulated this, then if B whether, he may remove them, though if B does not (O: but rather chooses to keep them there), then A has a choice between leaving them on the land for rent (O: from B for the land), or else removing them (O: the trees or buildings) and being obliged to pay B a compensation for the loss of value (O: to the trees (A: or buildings) ) caused by removal.

A is entitled to take back the article lent at any time he wishes.

@K19.6

B is financially liable for the article lent (N: even if it is destroyed by an act of God).  If it is destroyed while B is using it for other than what A gave him permission to do with it, even if not through B's negligence, then B is responsible to A for the article's value (A: at the market price current for similar articles on) the day of its destruction (O: and he may either replace it or pay A for it).

But if the loaned article wears out through being used in the way that A gave permission to use it; then B is not financially responsible for it (N: as when B borrows a garment to wear which becomes worn out through use alone).

@K19.7

B is responsible for the measures entailed in returning the article to A.

@K19.8

B may not loan (O: the article lent to him) to a third party (O: without permission).

*2*Chapter K20.0: The Return of Wrongfully Taken Property (Ghasb)

@(O: Taking another's property is an enormaity (dis:p20), the scriptural basis for its prohibition being Koranic verses such as the word of Allah Most High,

"Do not consume each other's property through falsehood"(KOran 2:188). )

(n: Given persons X and Y (A: where X takes an article belonging to Y. This section presents the details of X's obligation (dis: p77.3) to restore Y his property). )

@K20.1

Wrongfully taking (ghasb) means to appropriate what is another's right (O: even if this consists of the right to use something, such as forcing someone sitting in a mosque or marketplace to get up from his place) unjustly.

@K20.2

When X wrongfully takes anything of value from Y, even if the value is inconsiderable, he is obliged to return it unless this involves destruction to life or lawful property, as when X takes a plant and nails it over a leak in the hull of a ship at sea that is bearing others' property or worthy people or animals (N: meaning those not obligatory to kill (def:e12.8(O:) ) ).

@K20.3

If the article taken is destroyed while in X's possession or X himself destroys it, then:

-1- if it was fungible (mithli, a homogeneous commodity transacted by weight or measure, an equal amount of which precisely supplies the place of another), then X is financially responsible for replacing it with an equal amount, fungible meaning that which is measured by volume or weight, and which can be validly sold in advance (def; k9.2 (b,d,f,g) ) such as grain, gold or silver, and so forth, while nonfungible (mutaqawwim, commodities appraised and transacted as particular pieces of merchandise) means everything else, such as livestock and articles of heterogeneous composition, like meat pastry, and so forth;

-2- if the article was fungible (mithli) but it is no longer possible for X to obtain an equal amount to return to Y, then X owes Y its value, which is reckoned at its highest market value between the time X seized it and the time of its subsequent unavailability;

-3- but if the article was nonfungible (mutaqawwim), X owes Y its highest market value during the interval between X's taking it and the time of its destruction.

(N: The foregoing apply to when X has appropriated a physical article or commodity (`ayn).  As for when he has wrongfully appropriated the use of something, the obligation consists of repaying Y the cost of renting a similar article for a similar amount of time.)

@K20.4

X's word (O: provided he swears an oath (N: and neither side has proof (dis:k8.2) ) ) is accepted over Y's when there is a dispute about the destroyed article's value (O: when both agree that it has been destroyed) or about its destruction (A: as to when it occurred, for example).  But Y's word is accepted over X's when there is a dispute about whether or not X returned the article to Y.

@K20.5

If the property returned by X is materially diminished or has depreciated in value because of some new defect, or both, then X is obliged to pay Y compensation for the loss of value (O: while still being obliged to return the rest).

But if the article has diminished in value solely because its market price is now less, then X is not required to pay anything.

@K20.6

If the article possesses a utility (O: meaning a rentable utility, as a house does), then X owes Y its rent for the period that X had it, no matter whether he used it or not.

@K20.7

Anyone who obtains the wrongfully appropriated article from X, or subsequently obtains it from the person who got it from X, and so forth, on down, is financially responsible (def: k20.2-6) to Y for it, no matter whether such a person knows of its having been wrongfully appropriated or not.

@K20.8

(N: Given persons X,Y, and Z, where X has wrongfully taken something from Y, and then Z obtains it from X. This ruling describes the compensation due to Y when the article has been damaged or destroyed in Z's possession.)

Y is entitled to demand restoration or payment for the loss or depreciation of the article from either X or Z. The obligation to cover this becomes Z's own financial liability-meaning that if Y asks Z for compensation, Z may not in turn demand it from X; though if Y asks X for it, X may it turn demand it from Z-in the following cases:

-1- when Z obtained it knowing that it had been wrongfully appropriated;

-2- when Z obtained it not knowing that it had been wrongfully appropriated, but the means by which Z obtained it would have made him financially responsible for its destruction anyway, as when Z himself wrongfully appropriated it or borrowed it for use (def: k19) from X. (O: Z is also financially liable if he bought it from X);

-3- or when Z obtained it not knowing it had been wrongfully taken, and the means by which he got it from X would not otherwise have made him responsible for its destruction except for the fact that he himself precipitated its destruction (A: as when X deposits it with Z for safekeeping and Z destroys it).

*2*Chapter K21.0: Pre-Empting the Sale of a Co-Owner's Share to Another (Shuf`a)

@(n: Given P, Q, and R (A: where P and Q each own part of some dividable piece of real estate, and P sells his part to R, a third party. In such a case, Q can legally force R to sell the part to him by right of pre-emption (N: whose purpose is to prevent the harm to Q that would result if R were to subsequently go to the Islamic magistrate and demand that the property be divided to distinguish his property from Q's) ). )

@K21.1 Preemption is only legally binding:

(a) on a portion of real estate (A: that belonged to P and Q) which can be divided without loss of value;

(b) when P has sold his part (A: to R) for recompense.

In such a case, Q may preempt its being sold to R by buying R's share for the price that P and R agreed on. If there are several co-owners in place of Q, they each buy a part of the share proportionate to the percentage of the whole property they respectively own.

(A: If there is disagreement between the parties as to how much P sold it to R for, and there is no proof, then) R is the one to say (A: when he swears(def:k8.2) ) how much the price of the part was.

@K21.2

It is a necessary condition for the pre-emptive sale that Q effect it with words such as "I hereby appropriate this property by preemption."

It is also necessary that Q give R the price, that R agree to let Q pay it later, or that the Islamic magistrate rule that Q may buy the property by preemption; in any of which cases Q takes possession of it.

If R paid P with something fungible (mithli, def: k20.3(1) ), then Q must pay R an equal amount. If R paid with something nonfungible, then Q must pay its value (A: in the marketplace on) the day of the sale.

@K21.3

There is no preemption if:

-1- the property is divided (N: already, by boundary markers or similar);

-2- the building and trees on the land are sold separately from it;

-3- the property cannot be divided without eliminating its usefulness (non-k21.1(a) ), such as a cistern or a narrow walkway;

-4- R acquired it without paying a price for it, as when it has been given to him as a gift;

-5- or if R bought it with a price whose amount was not known(A: such as "for this pile of silver you see").

@K21.4

It the building and trees have been sold with the land (A: for one price), then Q also takes them as part of the land he preempts.

@K21.5

Preemption must occur immediately (A:upon Q's learning of P's having sold the property to R).  When Q learns of it, he must preempt at once (def:f4.5).  If he delays without excuse, he no longer has the right to preempt, unless R bought the property from P for postponed payment, in which case Q has a choice between buying it at once, or waiting until payment is due and then buying it.

If Q learns of the sale while ill, or being denied, he must commission someone (def:k17) to preempt for him. If he does not, he loses the right to preempt, unless he was unable to commission someone, or the person who informed him of the sale was a child or someone unreliable, or he was informed of it while travelling and then started returning in order to preempt; in all of which cases he may still preempt.

@K21.6

If R has built, or planted trees (A: before Q could preempt), then Q has a choice between paying R the value of the new buildings (A: or trees) and taking possession of them, or else removing them and paying R for the loss of value (A: to them as a result of being removed).

If R has given away the part of the property (A: that he bought from P), made it a charitable endowment (waqf,def;k30), sold it, or returned it to P because of a defect, then Q may annul any of these transactions that R has effected.

Q also has the right to take the property from the person who bought it from R, by paying this person who bought it from R, by paying this person the amount for which he bought it.

@K21.7

If Q dies (A: before he is able to preempt), his heirs can preempt. If some of them decline to do so, the rest of the heirs may still preempt the entire portion, or may relinquish the right to preempt any of it.

*2*Chapter K22.0: Financial a Profit Sharing Venture (Qirad)

@(n: Given persons X (al-malik) and y (al-`amil) (A: where X and Y a sum of money for Y to do business with, on the basis that X will take a percentage of the profits. Such ventures have six integrals:

(a) X;

(b) Y;

(c) the work performed by Y;

(d) the profit (n: divided between them at a given percentage);

(e) the spoken form;

(f) and the venture's capital (n: which is put up by X) ). )

@K22.1

Financing a profit-sharing venture (qirad) means for X to give Y money with which to trade, the profits to be shared between them. (O: It is not valid to finance such a venture on the basis that a third party gets any of the profit.)

It is only valid when both parties have full right to manage their own property. It also requires that there be:

(a) a spoken proposal (O: by X, such as "I finance you," or "I engage you, "or "Take these dirhams [N: as a trade loan]");

(b) an acceptance (O: by Y in words. It is insufficient for him to begin working without saying anything);

and that the invested capital be:

(c) money (lit. "gold or silver" (A: money taking their place in these rulings) );

(d) of known amount;

(e) physically existent (A: i.e. it can be seen and handled, not merely a debt or financial obligation to be collected);

(f) delivered to Y (O: it is not valid to finance a profit-sharing venture on condition that the funds be held by someone other than Y, such as X holding them and paying for what Y buys, since y might not find X he needs him);

(g) (A: and that Y be given the funds) in return for (A: X's receiving) a known fraction of the entire profit, such as a half or a third.

Financing a profit-sharing venture is not valid when:

-1- (non-(c) above) the capital put up consists of commodities;

-2- (non-(f) ) X holds the funds;

-3- (non-(g) ) it is stipulated that either X or y be specifically entitled to the profits from a certain part of the business (O: such as saying, "You get the profits from the clothing, and I get the profits from the livestock");

-4- (non-(g) ) either X or Y is guaranteed (N: for example) ten dirhams of the profit (O: since they might not make more than ten, in which case the second partner would get nothing) (A: rather, they must specify the percentage that each will take);

-5- (non-(g) ) it is stipulated that one of them be entitled to all of the profit;

-6- or (non-(f) ) it is stipulated that X work with Y in the business.

@K22.2

Y's role is to conduct business and related matters with consideration for their best financial advantage and with circumspection. Y may not sell at a loss, sell for deferred payment, or travel with the capital, and so forth, without X's permission.

@K22.3

The agreement between X and Y is nullified whenever X stipulates (O: something that is not obligatory for Y in such ventures, such as) that Y buy wheat, mill it, and bake it; that Y buy yarn, weave it, and sell it; that Y not deal except in such and such a rare commmodity; or that Y deal exclusively with So-and-so.

@K22.4

When such an agreement is invalid, the transactions Y has conducted are valid, and Y is paid the wages that are usual for such work, unless X had stipulated, "I get all the profits, "in which case he takes all of it and Y gets nothing (O: since he worked without expecting anything).

@K22.5

When either X or Y cancels the agreement, loses his sanity, or loses consciousness (Ar. ughmiya `alayhi, i.e. through other than falling asleep), then the agreement is annulled and Y is obliged to liquidate the holdings (A: by changing them back into funds).

@K22.6

(A: When neither party has proof,) Y's word (O: if he swears (dis:k8.2) ) is accepted over X's when there are disputes:

-1- concerning the amount of capital originally put up;

-2- as to whether or not the capital was restored to X;

-3- concerning the destruction of the holdings;

-4- or as to whether Y betrayed his trust.

@K22.7

If X and Y dispute as to how much of the profit was stipulated half for me," and X replies, "To the contrary, it was onethird"), then each party swears an oath supporting his own claim (O: and when they have sworn, X gets all the profit, and Y receives the wages customary for the work he did).

@K22.8

Y does not own his share of the profit until the venture's final division. (O: His possession of it is only finalized by dividing the profits when the holdings ae liquidated and the agreement is terminated.)

*2*Chapter K23.0: Watering Grapes or Dates for Part of the Crop

*2*Chapter K24.0: Sharecropping (Muzara`a)

@(n: Sharecropping means to farm someone's land for a share of the harvest. In the Shafi'i school, it is not permissible or valid except on strips of land between date groves under certain conditions, such as:

(a) that the landowner provide the seed;

(b) that it be unfeasible to separate working the trees from working the ground;

(c) and that the sharecropper be currently working the trees also, under the above 9k23) arrangement.

This section has been left in Arabic below, and rulings from the Hanafi school, which permits sharecropping, have been added by the translator.)

@K24.2

(Ahmad Quduri:) Abu Hanifa (Allah have mercy on him) holds that sharecropping, for one-third or one-fourth of the harvest (or anything less or more), is invalid, though Abu Yusuf and Muhammad (A: the colleagues of Abu Hanifa) hold it to be valid.

Sharecropping, in the view of the latter two, is of four types (A: three of them valid and one invalid). 

(n: Given persons X and Y, and the four agricultural variables: land, seed, labor, and oxen (i.e. the means of plowing) :)

-1- X provides the land and seed, and y provides the labor and oxen; and seed; which is permissible;

-2- X provides the land, and Y provides the labor, oxen, and seed; which is permissible;

-3- X provides the land, oxen, and seed and Y provides the labor, which is permissible;

-4- or X provides the land and oxen, and Y provides the seed and labor; which is not valid.

A sharecropping agreement is only valid if the period of the agreemtnt is determinately specified (lit. "known"), and it requires that the total produce be divided between the partners (A: not a specific number of bushels to one, for example, or on condition that the produce from ne part of the land belong to one of them and the produce from another part belong to the other) (al-Lubab fi sharh al-kitab (y88), 2.228-30).

*2*Chapter K25.0: Renting Things and Hiring People's Services (Ijara)

@(n: Given persons P and Q, where Q rents a pack animal from P, or hires P as a guide. The title of this section, Ijara, has the dual significance of renting an article and hiring a person's services.)

(O: Lexically,rent is a name for the rental fee. In Sacred Law it means to take possession of a utility or service for payment under certain conditions, It has four integrals:

(a) the spoken form;

(b) the fee;

(c) the utility or service;

(d) and the persons making the agreement.)

@K25.1

A rental agreement is only valid between two persons entitled to conduct sales (def; k1.2) It requires both a spoken offer, such as "I rent this to you." or "the use of it"; and a spoken acceptance. (O: The agreement must also specify how much the rental fee is.)

@K25.2

There are two types of rental agreements:

-1- renting anticipated utilities or services described in advance and under obligation to deliver (ijara dhimma);

-2- or renting the use or services of an identified thing or individual who is present (ijara 'ayn).

Rental of something anticipated (ijara dhimma) consists of Q saying, for example, "I am renting from you a pack animal of such and such a description," or "I am hiring you to tailor a garment for me,"or "to provide me with transportation to Mecca."

Rental of something identified and present (ijra'ayn) consists of Q saying, for example, "I rent this animal from you," or I hire you to sew this particular garment for me."

@K25.3

It is a necessary condition for a valid rental of something anticipated (ijara dhimma) that P accepts the fee for it at the time the agreement is made.

@K25.4

The necessary conditions for a valid rental of something identified and present (ijara 'ayn) are:

(a) that the article (or person whose services are) being rented be a particular individual (O: meaning visible to the eye, as in sales);

(b) that the article (or person's service) be within P's power to deliver such that Q can utilize it as intended (O: within one's power to deliver including both the actual ownership of an article and the possession of the right to use it, such that if Q is renting it from P, Q may in turn rent it out to a third party);

(c) that Q have the right to utilize the article (or services of the person hired) as soon as the deal is made;

(d) that the utility for which the article is being rented not entail the article's destruction;

(e) and that the agreement specify a rental period that the rented article will probably outlast, even if it be a hundred years, as in the case of land.

Thus, rental of something identified and present (ijara'ayn) is invalid when it consists of:

-1- (non-(a) above) hiring the services of "one of these two servants";

-2- (non-(a) ) hiring someone absent (A: from the place where the agreement is made);

-3- (non-(b) ) renting land for agricultural use when the land is without water and the area's rainfall is insufficient for crops;

-4- (non-(c) ) P renting out something (A: that he is already renting to Q) to a third party for the year following the current one, though Q may rent it for the following year (O: since his rental period is unexpired and the two periods are contiguous);

-5- (non-(d) ) wax for fuel;

-6- (non-(e) ) or renting out an article unlikely to last, for example, more than a year, for a period longer than that.

@K25.5

(O: Additional) conditions for rental of something identified and present (ijara 'ayn) (O: relating to its use or service) are that its utility be:

(a) permissible in Sacred Law;

(b) of some value;

(c) determinately known (O: as to which one it is, its amount, and its utility, meaning that both P and Q know these things), such as saying, "I rent you this land to raise crops on," or "[A: I rent you this pack animal] to carry such and such a quantity of iron,"or" of cotton";

(d) for a period known (O: to both P and Q);

(e) and for a fee known 9o; to both P and Q, in type and amount), even when it is merely seen in bulk, or when it consists of the use of some other utility or service.

Thus, rental of something identified and present (ijara'ayn) is not valid when the utility for which it is being hired or rented consists of:

-1- (non-(a) above) playing a flute;

-2- (non-(a) ) transporting wine, other than to pour it out;

-3- (non-(b) ) a hawker's cry that does not require any effort,even if it increases the demand for the merchandise;

-4- (non-(c) ) carrying such and such a quantity (O: on a pack animal) when the nature of the load is unspecified;

-5- (non-(d) ) being rented for "one dirham per month" when the total period (A: of occupancy, for example) is unspecified (A: though one may renew a valid rent agreement each month, and in such a case the landlord has the right to ask for it in advance);

-6- or (non-(e) ) hiring someone for the "fee" of providing him with food and clothing.

@K25.6

The particulars of the utility (N: such as its precise duration) might not become determinately known except through the passage of time, as when renting a house or hiring a wet nurse in such cases the time must be preestimated (A; when the agreement is made, as a condition for its validity). 

Similarly, the utility or service might not become determinately known except through the work itself, such as when hiring someone to perform hajj in one's place (dis: j1.10) or the like, in which case the amount of work involved must be preestimated.

If the utility requires both time and work to become determinately known, as is the case with tailoring, building, or teaching someone the Koran, then the utility is preestimated (A: i.e. stated in the rental agreement) with regard to one of these two variables alone. It is not valid to estimate the utility with regard to both, such as Q saying, "[O: I hire you to ] tailor this garment for today's daylight hours" (O: since the work involved might take more or less time than that).

@K25.7

The necessary things required by Q in order to utilize, such as the key (A: to a house), or the reins, girth, or saddle(A: of a mount), are P's responsibility to provide. Things that merely enhance or improve the utility for which Q has rented the article are Q's responsibility.

@K25.8

Q is entitled to normal use of the article in obtaining the utility for which he has rented it of an equivalent utility (A: riding it in a different direction, for example, the same distance as the agreed upon and under the same conditions).  If Q travels farther than the agreed upon destination, then he is obligated to pay the rental fee agreed upon, plus the amount customarily paid for a distance comparable to the excess.

@K25.9

It is permissible (O: only when renting something identified and present (ijara 'ayn) ) for Q to pay in advance or to defer payment to the future. If neither party states whether it is to be paid in advance or whether in the future, then it is

payable in advance.

When renting anticipated utilities or services (ijara dimma), it is permissible to let Q use the utility prior to the agreed upon period, or to delay use until after the period.

@K25.10

(O: When renting something identified and present (ijara 'ayn) ), if the article being rented is destroyed, the agreement is thereafter cancelled (O: with respect to the future, since the article to be utilized is no longer available then, as opposed to the period that has transpired after the article's delivery, for which Q must pay an appropriate proportion of the agreed upon fee, based on the current market value of similar utilities or services).

(O: When renting an identified and present utility or service (ijara 'ayn), ) if a defect occurs (O: in the article being rented, and the defect obviously entails a discrepancy in the rental fee), then Q has the option to cancel the agreement (O: unless P immediately undertakes to correct or repair the defect, for if he does, Q is not entitled to cancel it).  But if the rental agreement concerns an anticipated utility or service (ijara dhimma0 (O: and the rented article has been destroyed after its delivery), then the agreement is not nullified and Q may not cancel it, but is only entitled to ask P to replace the article so that Q can obtain the utility anticipated.

@K25.11

If the material Q has hired P to work on (A: e.g. when Q hires P to tailor a garment from material Q has given him) is destroyed in P's possession without his negligence, then P is not obliged to pay for its loss.

If Q has rented an article from P and it is ruined in Q's possession without his negligence, then Q is not obliged to pay for its loss.

@K25.12

If P and Q dies while the rental agreement is in effect, it is not cancelled. (O: Rather, if P has died, Q finishes using the article, while if Q has died, then Q's heirs finish utilizing it. Neither party has the right to cancel the agreement in such a case when the article itself still exists.) (A; The death of either party is considered by the Hanafi school to nullify the agreement.)

@K25.13

When the rental period is over, Q must return the article rented and is responsible for the measures (A: and the expenses) entailed in returning it.

@K25.14

When P or Q stipulates a particular rental period or a specific use for the article, then when P has delivered the article to Q and the period stipulated elapses, or a period elapses that is sufficient for the utility stipulated to have been obtained from the article (O: even if it has not in fact been obtained), then the rental fee is due (O: from Q, who rented the article under such stipulations), and the article must be returned. (O: This ruling holds for both renting something identified and present (ijara 'ayn) and renting something anticipated (ijara dhimma). )

@K25.15

In an invalid agreement, Q owes P the amount typically paid for renting similar utilities, due whenever he would have owed P the fee agreed upon had the agreement been valid.

*2*Chapter K26.0: Job Wages (Ja`ala)

@(n: Given persons X and Y,where X offers Y a dirham to do a certain job.)

@K26.1

When X says, "I owe whoever builds me a wall a dirham" (A: or makes a similar offer), this is termed job wages. It is permissible that (A: the particulars of)  such a job be unknown, though not the amount of the wage. Whoever then builds the wall for X is entitled to the amount stated, even if they are a group of people.

@K26.2

Whoever works when no wage has been stipulated does not deserve anything. If X and Y a garment to clean, saying "Wash it, "but does not mention a wage, and Y washes it, then Y deserves nothing (N: unless it is a well known customary usage that Y should receive a fee, as when Y is a barber or presses clothes and the like).  If Y says, "You stipulated a wage for me, "but X denies it, then X's word is accepted (A: when there is no proof (dis:k8.2) ) (O: if he swears an oath).

@K26.3

Both X and y are entitled to cancel their agreement (O: before the job is finished), but if X cancels it after Y has begun work, then X is obliged to pay Y an appropriate portion of the wage agreed upon (O: such that if the job is half done, then X owes Y half the amount, and so forth).

Otherwise (O: if X cancels it before Y has begun, or if Y cancels it himself after having begun), Y gets nothing.

*2*Chapter K27.0: Lost and Found (Luqta)

@(n: Given Z, who finds an article lying on the ground and picks it up.)

@K27.1

When a responsible adult finds a lost and found article it is permissible for him to take (O: or leave) it.

@K27.2

If he can trust himself to take the proper measures for such articles (dis:below), it is recommended that he pick it up, though if he cannot depend on himself not to betray the trust (A: by simply appropriating the article without telling anyone), then it is offensive for him to take it.

@K27.3

It is recommended that the finder determine the type, description, and amount of the article he has found, its container, and the string with which it was tied (O: it being preferable that he record this in writing so as not to forget), and for him to have witnesses attest to his having found it.

@K27.4

The following two kinds of articles are permissible to pick up for safekeeping (def:k27.5) but unlawful to pick up as lost and found (A: to be advertised and then appropriated (def:k27.6) ).  and should he do the latter, Z is financially responsible for the article:

-1- something lost and found within the Meccan Sacred Precinct (Haram);

-2- or an animal unmenaced by small predators, such as a camel or a horse lost and found on open range.

In other than these two cases it is permissible for Z to pick up the article, either for safekeeping or to be advertised and then appropriated.

@K27.5

If Z picks up the article for safekeeping, he is not obliged to advertise having found it, and it remains in his care as a trust (def:k17.14) which he is never entitled to dispose of in any way until he finds its owner, in which case he gives it to him. If Z wishes to deliver it to the Islamic magistrate, the latter must accept it.

If Z picks up the article within the Meccan Sacred Precinct (Haram) for safekeeping, he is obliged to advertise his having found it (n: as below).

@K27.6

If Z picks up an article intending to appropriate it if he cannot find the owner, then he is obliged to advertise its having been found for a (O: full) year on the doors of mosques, in the marketplaces, and the vicinity where he found it, in the manner customary for advertising such things. At the first of the period he should publicize it morning and evening, then subsequently once a day, then once a week, then once a month, such that the first advertisement is not forgotten and that it is realized that the subsequent notices are repetitions of it (O: and this is what is meant by the customary matter mentioned above).  Z should mention some of the article's characteristics in the advertisement, but not all of them (A: so that a would-be claimant is able to prove ownership by describing it in detail) (O: for if Z divulges them all (A: and a pretender takes it), then Z is financially responsible for its loss (A: if the real owner should appear and the pretender cannot be found) ).

If the lost and found item is not something major, meaning something unlikely to cause much regret and which will probably be unsought after its loss, then it is not obligatory to advertise it for a whole year, though one must advertise it long enough that its owner will probably have ceased to be concerned about it (N: and this latter is the criterion for advertising most lost and found things, which need not be advertised for a whole year).

@K27.7

When Z advertises a lost and found article for a year, it does not enter his possession until he chooses to appropriate it with a formal statement to that effect (O: and not by the mere intention. The statement consists of saying, "I take possession of it," or the like).  Z takes possession of it when he chooses to do so (O: by uttering the above words).  If it is destroyed before he chooses to appropriate it, Z is not financially responsible for its loss.

@K27.8

If Z has appropriated the article (N: which thus enters his financial liability), and the owner one day appears, then the owners is entitled to take:

-1- the article itself, if it still exists;

-2- an equal quantity (O: if it was fungible (Mithli, def:k20.3(1) ) );

-3- its market value (O: if it was nonfungible (mutaqawwim), where market value refers to the going price for similar articles on the day Z formally appropriated it);

-4- or, if the article still exists but some defect has occurred in it, then the owner takes it back with an appropriate compensation (def:k5.4) (O: for the new defect that occurred while Z had it).

@K27.9

It is offensive for a corrupt person (def: o24.3) to pick up a lost and found article. If he does, the article is taken from him and deposited with someone trustworthy, and a reliable person is dispatched to oversee the corrupt person's advertising (def:k27.6) of the find, after which the corrupt person may appropriate it.

@K27.10

In cases where safekeeping the article is not practicable as when it is a watermelon or similar Z may choose to either eat it or sell it (A: in either case covering the cost if the owner subsequently appears), after which he advertises finding it for a year (O: if it something major, or less than a year (dis:k27.6 second par.) if minor).

If it is possible to preserve the article, as when it consists of dates (A: which are conserved by drying), then if it is to the owner's advantage to sell it, Z sells it, while if it is to the owner's advantage to dry it, then Z dries it. (O: In such a case, if Z wants to simply donate the cost of drying it to the owner, he does so, Otherwise, he sells part of the lot to cover the cost of drying the rest, in the owner's interests. The difference between this and an animal found, of which all is sold, is that an animal's maintenance requires repeated expenditures that may add up to more than it is worth).

*2*Chapter K28.0: A Foundling Child (Laqit)

@(O: Meaning a child found abandoned without anyone to care for it. The scriptural basis for these rulings is Allah's word:

"And do what is good" (Koran 22:77).

and,

"Cooperate with one another in [works of] piety and godfearingness" (Koran 5:2.)

@K28.1

To pick up a foundling is a communal obligation (def: c3.2).  A child that is found (N: in a Muslim town) is considered a Muslim, and likewise if found in a non-Muslim town if there is a single Muslim therein, even if he denies the child is his (N: because the religion of someone whose religion is unknown is considered to be that of the people of his own city, and in this case there are two religions, with Islam given precedence, as it always surpasses and is never surpassed. Moreover, considering the child a Muslim is a cause for his own happiness and salvation, as he will be raised in Islam).

@K28.2

If money is found with the child or under his head, it belongs to him.

@K28.3

If the finder is a resident, trustworthy, and Muslim, then the child remains with him, and he is obliged to have witnesses attest to his having found the child and whatever was found with him (O: such as clothing or money).

The finder spends the money found with the child for its own expenses with the permission of the Islamic magistrate. If there is no Islamic magistrate, then the finder spends it anyway, but has witnesses attest to the amount of the expenditures. If no money was found with the child, then its expenses are paid for by the Muslim common fund. If there is no money in the Muslim common fund (N: or no Muslim common fund), then the finder may borrow money to cover its expenses as a financial obligation to be later repaid by the child.

If the finder is a corrupt person (def: o24.3 (A:) ) or a non-Muslim, then if the child is considered a Muslim (dis:k28.1), he is taken from the finder.

If two people find the child and disagree about whom the child should remain with, then the one who is a resident and wealthy is given preference.

@K28.4

(A: Adoption is unlawful in Islam when it means giving a child one's own name, a share of one's estate division (irth,def:L1.0), and so on. But when it merely means giving the child a home and other advantages provided by family life until it grows up, then it is a charitable act rewarded by Allah. And Allah knows best.)

*2*Chapter K29.0: Games, Contests and Prizes

@(O: The scriptural basis for competitions and races entailing prize money is the word of Allah Most High.

"And make ready against them whatever force and lines of horses you can" (Koran 8:60).

Muslim relates from 'Uqba ibn 'Amir that the Prophet (Allah bless him and give him peace) said,

"Force means marksmanship,"

repeating this three times.)

@K29.1: Races for Prize Money

Races with prize money for the winner are permissible between horses, mules, donkeys, camels, or elephants, provided that the animals competing are of the same species, though it is not, for example, permissible to have such a race between a camel and a horse.

It is a necessary condition for such a race that the participants know which animals will be ridden, the amount of the prize, and the distance to be run.

@K29.2

The prize money may be put up by both contestants, either one, or by a third party. If the prize money is put up by either contestant or by a third party, then the race is unconditionally permissible, and the winner takes all (N: regardless whether he was the one who put up the money or whether it was the other person).

But if the prize money is put up by both contestants, then it is a necessary condition that a third rider enter the contest with a mount equal to theirs (A: in speed, stamina, and so forth.) who puts up no money (N: so that it may be distinguished from gambling. If all three put up the money, then it is necessary that there be a fourth contestant with them who does not pay, and so on).  (A: Similarly, bets from one side alone, such as saying, "I will give you ten dinars if what you have said proves to be correct," are lawful when the other party bets nothing.)

Here, the winner takes all. If two riders finish together, they divide the prize.

@K29.3: Competitions in Marksmanship for Prize Money

It is also permissible to compete for prize money in competitions of skill at archery, spear throwing, or other military weaponry, when the prize is put up by both contestants, either one, or a third party, though if put up by both, it is necessary that a third marksman enter the contest, as mentioned above (A: meaning one comparable to the others in marksmanship, who puts up nothing).

It is a necessary condition for the validity of such a competition that the following details be specified before the contest:

(a) who will be shooting;

(b) the number of shots per bout, how many shots are needed to win, and the criterion for a hit (A: that is, in archery, whether the arrow must stick or whether it need merely leave a mark);

(c) the distance to the target;

(d) and which of the contestants is to begin.

@K29.4

It is not permissible to conduct contests for prize money that involve birds, footracing, or wrestling (O: since they are not military weaponry or equipment).

@K29.5: Ruling Concerning Games

(N: As for games:

-1- every game played by two or more people that relies on luck, conjecture, and guessing is unlawful, no matter whether money is stipulated or not;

-2- paying prize money in every game that encourages and assists fighting for Allah (jihad, def:o9) is permissible if the terms of the competition conform to the rulings discussed above in this section (k29.1-4);

-3- every game not of the preceding two types is permissible if no money is paid therein;

-4- and any of the above mentioned things which are permissible become unlawful if they prevent one from performing a religious or this worldly duty.)

*2*Chapter K30.0: Establishing an Endowment (Waqf)

@(O: Lexically, waqf means to be retained. In Sacred Law, it refers to the retention of any property that can be benefited from while the property itself still remains, by suspending disposal of it; with the financial proceeds of it going to some permissible expenditure. The scriptural basis for it is the hadith related by Muslim that the Prophet (Allah bless him and give him peace) said.

"When a human being dies, his work comes to an end, except for three things: ongoing charity, knowledge benefited from, or a pious son who prays for him,"

from which scholars understand ongoing charity as meaning an endowment (waqf). )

(n: Given persons P (al-waqif) and Q (almawquf `alayhi) (A:where P owns, for example, an apartment building that he makes an endowment (waqf), the rent of which will henceforth go to Q, and P stipulates that Q must supervise the upkeep of the building. This section deals with such endowments). )

@K30.1

Establishing an endowment is an act of worship.

@K30.2

Establishing an endowment is not valid unless the following conditions are met:

(a) that P have full right to manager his own property (O: full right to manage his own property including the non-Muslim, whose endowment is legally valid, even if it is for a mosque);

(b) that the endowment concern a particular identified article (`ayn) (O: it being invalid to make the mere "right to use something" an endowment, because it is not a particular article);

(c) that the article have a (O: lawful) use;

(d) that it remain existent (O: for a period in which it would be feasible to rent or hire it out), such as real estate or an animal (O: or clothing, weapons, Korans, or books. It is not permissible to make an endowment of something that cannot be utilized except by using it up, such as food);

(e) that the beneficiary be some particular party (O:such as the poor, for example) besides P himself, whether the endowment is an act of worship, as when the beneficiary is mosques (O: or Islamic schools), one's relatives, or the general good; or whether it is merely permissible, such as an endowment that benefits the wealthy, or Jewish and Christian subjects of the Islamic state;

(f) and that the endowment be formally established by words that effect it such as "I make it an endowment," or "I restrict [O: such and such a thing to benefit So-and-so]," or "I give [A:such and such] as nonsaleable charity."

@K30.3

When the endowment has been made, the ownership of the article belongs to Allah Most High (O: not P or Q) (N: meaning that even though everything is the property of Allah, the article is now dissevered from its metaphorical human ownership), while Q owns the proceeds from it and its utilities (O: and all the benefits that come from it after the endowment has been made, such as rent, the fruit of trees, or offspring, Q may dispose of these as an owner would, as this is the purpose of the endowment. He may utilize the endowment either personally, or through another by loaning it for use or renting it

out).

@K30.4

The interests of the endowment (O: i.e. its concerns, condition, upkeep (N: and supervision) ) are looked after by whoever P stipulates, whether himself or Q or a third party. If P does not stipulate (O: that anyone in particular look after it), then the responsibility belongs to the Islamic authority (N: by himself, or though the person he appoints to do so).

@K30.5

The proceeds of the endowment (O: such as the produce of an acreage endowment, or the rent of a property endowment, are disposed of as P stipulates, in terms of (A: for example) :

-1- proportionality of shares (O: between recipients as to the amount each receives, such as having stipulated twice as much for males as females, or vice versa, or equal shares for each);

-2- precedence (O: in some receiving the proceeds before others when they are a group, through a condition that determines who deserves to receive it);

-3- inclusiveness (O: of (A:all) recipients, as by saying, "I make this an endowment for my children and their children,"where the word and implies that each person must be given a share);

-4- priority (O: such as saying, "I make this an endowment for the benefit of Islamic scholars, without restriction, and after that [A:if there are no more to be given a share] to the poor," or "I make this an endowment for the benefit of Zayd, and then `Amr,"where if one dies, the next one receives his share);

-5- or other conditions (O: such as the proceeds going to those most closely related to P (N: of his offspring), and then the less closely related).

@K30.6

(n: The following are examples of invalidity of establishing an endowment due to lack of one of the conditions mentioned at k30.2 above.) An endowment is not valid when it consists of:

-1- (non-k30.2(b) ) a debt (N: that someone owes to P);

-2- (non-(b) ) "One of these two houses";

-3- (non-(d) ) food;

-4- (non-(d) ) sweet basil (A: which used to be spread on floors as an air freshener) (O: since it quickly deteriorates) (N:i.e. if it is uprooted, though if it is growing, it is valid to make it an endowment);

-5- (non-(e) ) when its beneficiary is unidentified by P, or unknown (O: since the endowment cannot be implemented. It is thus invalid if P stipulates "whoever Zayd says" as the beneficiary), or is P himself (O: including P stipulating that the proceeds of the endowment be used to pay off his debts, or when P eats of its produce, or utilizes the endowment for his own benefit, any of which invalidates the endowment);

-6- (non-(c) ) when the proceeds are directed to an unlawful use, such as building a church (dis:o11.5(7) ) (O: or purchasing lamps for a church, or building walls around it, since this assists disobedience to Allah. Rafi'i says, "The same is true of an endowment for printing the Torah or New Testament, which is invalid because the Jews and Christians have altered the texts and interpolated spurious material, it not being permissible to occupy oneself with printing their scriptures because doing so is to participate in their disobedience to Allah");

-7- (non-(f) ) when the beginning or end of the endowment's being in effect are subject to conditions such as saying, "I make it an endowment starting from the first of next month, "or 'for one year, " or "provided that I am entitled to sell it" (O: or "condition that I may take it back whenever I wish");

-8- or (non-(e) ) when (n: I stipulates, as a priority order of beneficiaries, "Q, then R, "and) Q is not an eligible recipient - such as P stipulating himself as the first beneficiary but R is an eligible recipient, as when P stipulates (A: after himself) "and then the poor."

@K30.7

If P designates a particular recipient (O: or group of recipients), it is a necessary condition for the validly of the endowment that the recipient accept it. If he refuses it,this invalidates the endowment.

@K30.8

If P designates a particular person (lit. "Zayd") as an endowment's beneficiary, but does not stipulate anyone after him, then the endowment is valid, and after the particular person is gone, its beneficiaries are the poor of P's relatives.

*2*Chapter K31.0: Gift Giving (Hiba)

@(n: As when X gives Y a gift.)

@K31.1

Gift giving is recommended, It is superior to give gifts to one's relatives than to nonrelatives. When giving gifts to one's children, it is recommended to give each child the equal of what the others are given.

@K31.2

Gift giving is only valid under the following conditions:

(a) that X have full right to manage his own property;

(b) that the gift be something permissible to sell (def:k2.1);

(c) that X give it with spoken words that effect it;

(d) and that Y accept it with a spoken reply.

@K31.3

Y does not own the gift until he takes possession(def:k7.3) of it, before which X may take it back. It is not valid for Y to take possession of the gift without X's permission. In cases where X gives Y an article that is already being kept with Y (O: as when Y has it as a trust for safekeeping, or has borrowed it), or X has put up the article as collateral for Y, and now simply gives Y the article, then it is necessary that Y obtain X's permission to take possession of the gift, and that enough time elapse for Y to reach the gift, (O: if it is distant) and take possession of it.

Once Y has taken possession of the gift, X is no longer entitled to take it back. An exception to this is when one gives a gift to one's child, or their descendant, in which case one may take the gift back, unless such a receiver has sold it in the meantime, and the article has subsequently returned to him (O: by sale or gift), in which case one may no longer take it back.

@K31.4

If X and Y something and stipulates that Y give him something determinately known in return, this is valid, but is a sale (A: not a gift).  If X stipulates that Y give him something in return that is not determinately known, then the gift is invalid. If X does not stipulate that anything be given him in return, then Y is under no obligation to him.

*2*Chapter K32.0: Manumission (`Itq)

@(n: This section, which begins, "To free a slave is an act of worship, "deals with a system of ownership that Islam did not invent but found fully established and not possible to instantly abolish, so it rather encouraged its elimination in steps, with incentives. It closed all avenues for obtaining new slaves except the capture of war prisoners, the soldiers of whom the caliph had the option to enslave or not; it encouraged the freeing of slaves by the tremendous reward from Allah Most High; and it materially helped slaves to purchase their freedom by providing them the money to do so from zakat funds (dis:

@K32.1-32.5

Like previous references to slaves, the following four sections have been left untranslated because the issue is no longer current, unlike the times of our author Ibn Naqib, whose rulers, the Mamelukes of Egypt, were themselves slaves who legally belonged to the Islamic state, a fact sufficient to show the fallacy of understanding slavery in the Islamic milieu in terms of the institution that existed in nineteenth-century America and elsewhere in the West (dis: w13). )

*1*BOOK L: INHERITANCE

@CONTENTS:

Bequests (Wasiyya) L1.0

Meaning of Bequest L1.0(A:)

Bequest (Wasiyya) Versus EState Division (Irth) L1.0(A:)

Bequests valid between Muslim and non-Muslim L1.0 (A:)

Who May Make a Bequest L1.1

The Bequest's Executor L2.0

Conditions for Appointing an Executor L2.1

Appointment Not Valid Until Executor Accepts L2.3

Executor Only Appointed to Supervise Good Deeds L2.4

The Bequest L3.0

Bequests Valid Only for One-Third of Estate L3.1

More Than One-Third Permissible If No Heirs Exist L3.1

Recommended Amount of Bequest L3.2

Current Charitable Dispositions of Property L3.6

Before versus during time of death L3.6

Heirs May Authorize Bequests of Over One-Third L3.8(N:)

Bequest's Ownership Suspended Until Recipient Accepts L3.10

Bequests May Be Subject to Conditions L3.11

Things Which May be Bequeathed L3.12

Those to Whom Bequests Are Valid L3.13

Cancelling one's Bequest L3.14

If Recipient Dies First L3.15

Estate Division (Irth) L4.0

Meaning of Estate Division L4.0(O:)

How to Work an Estate Division Problem L4.1

Expenses That Are Deducted Before Estate Division L4.2

The Heirs L4.4

Male and female heirs L4.4

Extended Family Members Who Do Not Normally Inherit L4.5

The Four Preventives of Inheriting an Estate Division Share L5.0

Killing the Deceased L5.1

Being a Non-Muslim L5.2

Slavery L5.3

Uncertainty As to Who Died First L5.4

The Estate Division Shares L6.0

Husband's Share L6.3

Wife's Share L6.4

Father's Share L6.5

Mother's Share L6.6

Daughter's Share L6.7

Following Persons Eliminated by Intervening Heirs L6.8

Son's Daughter's Share L6.9

Sister's Share L6.10

Paternal Half Sister's Share L6.11

Full Sister's Share When Daughter Exists L6.12

Grandfather's (Father's Father's) Share L6.13

Without cosurvivors besides brothers and sisters L6.14

With cosurvivors besides brothers and sisters L6.15

With both deceased's brothers and half brothers L6.16

With sister L6.17

Grandmother's Share L6.18

Maternal Half Brother or Sister's Share L6.20

Summary of the Above Estate Division Shares L6.21

Summary of Other's Shares L6.22

Son's share L6.22(1)

Son's son's share L6.22(2)

Brother's share L6.22(3)

Paternal half brother's share L6.22(4)

Brother's son's share L6.22(5)

Paternal half brother's son's share L6.22(6)

Father's brother's share L6.22(7)

Father's brother's son's share L6.22(8)

Those Whose Shares Are Eliminated by Others (Hajb) L7.0

Who Eliminates Maternal Half Brother's Share L7.1

Who Eliminates Brother's Share L7.2

Who Eliminates Paternal Half Brother's Share L7.3

Who Eliminates Son's Son's Share L7.4

Who Eliminates Grandmother's Share L7.5

Who Eliminates Grandfather's Share L7.6

Who Eliminates Son's Daughter's Share L7.7

Who Eliminates Paternal Half Sister's Share L7.8

Noninheritors Due to Preventives Do Not Eliminate L7.9

The Eliminated Do Not Eliminate Other's Shares L7.10

Adjustment When the Shares Exceed the Total Estate (`Awl) L8.0

Meaning of Adjustment L8.1

Example L8.2

Redistribution When the Shares Are Less Than the Estate (Radd) L9.0

Meaning of Redistribution L9.1

Examples L9.2

Universal Heir (`Asaba) L10.0

Meaning of Universal Heir L10.1

Types L10.1

Universal heir by oneself L10.2

Co-Universal heir L10.3

Universal heir through the existence of another L10.4

List of Universal Heirs in Order L10.6

Extended Family Members Who Inherit in Heirs' Absence L10.8

Those Who Form Co-Universal Heir with Sister L10.10

Those with an Obligatory and Universal Share Get Both L10.13

*2*Chapter L1.0: Bequests (Wasiyya)

@(n: Sections L1, L2, and L3 have been moved here from their original place at the end of last book. They deal with bequests, meaning testamentary disposition of one's property (wasiyya) such as to say,"I bequeath such and such to So-and-so", while sections L4 through L10 form the original content of book L, and deal with estate division (irth). )

(A: The difference between bequests (wasiyya) and estate division (irth) is that a bequest is the act of a living person disposing of his own property, even if it is to be implemented after his death, while estate division occurs after his death according to the Koranic rules of inheritance. Because a bequest is the act of a living person with his own money, it is legally valid for a Muslim to bequeath up to a third of his property to a non-Muslim (dis:l3.13(1) ) and similarly valid for a non-Muslim to bequeath his property to a Muslim, Nawawi says:

"A bequest is legally valid from any legally responsible free person, even if non-Muslim (Mughni al-muhtaj ila ma'rifa ma'ani alfaz al-Minhaj (y73), 3.39).

But it is invalid and unlawful for a non-Muslim to inherit property through estate division from a Muslim (dis: L5.2), or vice versa. The determining factor in the permissibiity of a Muslim and non-Muslim inheriting from each other is whether the property comes by way of a bequest (wasiyya) made by the deceased before his death, in which case it is permissible, or whether it comes by way of estate division (irth) made after the deceased's death according to the Koranic rules of inheritance, in which case the difference between their respective religions prevents it.)

(O: Our author only mentions bequests at this point (n:at the end of book k, as mentioned above) before estate division because of the fact that a person first makes bequests, then dies, and then the estate is divided. The scriptural basis for the validity of bequests, prior to the consensus of scholars is the word of Allah Most High,

"....after any bequest which has been made, and after any debts" (Koran 4:12). )

(n: Given persons X (al-musi), Y (al-wasiyy), and Z (al-musa lahu) (A:where X has made provision in his will for Z to receive a bequest (wasiyya) of a sum of money, and X appoint Y as his executor to make sure this is done). )

@L1.1

A bequest made by X is valid if he is legally responsible (mukallaf,def:c8.1), even if he is a spendthrift.

@L1.2

The discussion is in two parts (n: namely, section L2, on X's appointing Y as the executor, and Section L3, on the bequest itself).

*2*Chapter L2.0: The Bequests Executor

@(O: Appointing an executor means for X to put Y in charge of his property and young children, bequests, paying his debts, or collecting his property from others. The verbal form is, "I appoint So-and-so to execute such and such a bequest.")

@L2.1

The necessary conditions for the validity of X appointing Y as the executor of his bequest are that Y be:

(a) legally responsible (mukallaf, def:c8.1);

(b) upright (def: o24.4) (O: meaning the uprightness of Islam, as it is not valid under any circumstances for Y to be a non-Muslim if X us a Muslim);

(c) and that Y have the knowledge and capacity to properly undertake the bequest.

@L2.2

The following examples of X appointing Y as the executor of his bequest are legally valid:

-1- when X appoints Y as his executor at a time when Y is not legally eligible to be it, but by the time of X's death, Y is eligible (O: by fulfilling all the above (L2.1) conditions);

-2- when X appoints a group of two or more people as his executors (O: and if he does so, then if he does not stipulate that each of them must manager their respective role, but rather says that they are to manage the legacy collectively, or does not say anything, then they must cooperate and not manager the work, maintenance, and dealings as separate individuals. Cooperate in such a case means that their acts proceed from the decision of the group, and does not mean, for example, that when they buy something they must all conduct the transaction together. Rather, if all agree to permit something, it is sufficient for one of them to take the matter in hand and carry it out);

-3- when X appoints (n: for example,) W, and then after him, Y(N: or vice versa) (O: saying, "I appoint W as executor until Y comes, but when Y arrives, he is the executor,"or "I make W executor for one year, and when it has passed, then Y is the executor");

-4- or when X appoints Y as executor, authorizing him to appoint in turn whomever he chooses as executor of the bequest (O: if the person fulfills the conditions (L2.1) ).

@L2.3

X's appointing Y as the executor of his bequest is not legally effective until Y accepts this responsibility after X's death, even if this acceptance is not immediately thereafter.

Both X and Y are entitled to cancel the appointment of Y as executor of the bequest whenever they wish (O: unless (A: after X's death) Y feels it almost certain that the property will be lost through a wrongdoer appropriating it, in which case Y may not withdraw as executor, meaning it is unlawful for him to do so. In such a case, if Y withdraws of his own choice, he is not thereby free of having to execute the bequest, though he is not obliged to continue therein without remuneration, but does so for a fee).

@L2.4

It is not legally valid to appoint an executor unless the bequest consists of some good work or pious act such as paying off a debt, making up a hajj (dis:j1.9), looking after the welfare of one's children, and so forth (O: excluding actions that are not dispositions of property, such as marrying off the children) (A: and excluding acts of disobedience such as those mentioned above at k30.6(6) ).

@L2.5

When X's father is still alive and fit for guardianship (def:m13.2), X may not appoint y to look after the welfare of his children.

*2*Chapter L3.0: The Bequest

@L3.1

X may devote one-third or less of his financial resources to bequests, but not more than this, one-third meaning a third of his property as it stands at the time of his death (O: not before or afterwards).

(A: If there are no Muslim heirs, or if the existent Muslim heirs do not deserve the whole estate, such as when the sole eligible estate division heir is a husband or wife (dis:L6.3-4), then the Hanafi school permits disposing of more than a third of one's property in bequests (dis:w44), more than a third meaning everything in excess what one's eligible heirs deserve by estate division (irth). ) (n: The ruling in the Shafi'i school is that such an excess may not be disposed of in bequests, but rather is given to the Muslim common fund (Bayt al-mal) if it exists, as mentioned below (L3.3(O:) and L9.1). )

@L3.2

If X's heirs (def: L4.4 are not poor, it is recommended for X to devote a full one-third to bequests, but if not (O: i.e. if his heirs are not well off, as when they do not have any money at all, or have some, but not enough for their expenses, and the other two-thirds (A: of the estate that constitutes their obligatory shares) which they deserve is insufficient), then it is not recommended for X to devote a full one-third to bequests.

@L3.3

If X wills more than one-third in bequests, then his dispositions are not valid regarding the portion in excess of one-third when he has no one (O: in particular) to lawfully inherit the rest (A: who, if they existed, could give permission for the excess, as discussed below).  (O: In cases where there are no heirs, the Muslim people have better right to X's property, and no one may waive this right.)

Nor are X's bequests in excess of one-third valid when he has an heir, but the heir refuses to authorize the excess,though if the heir (N: or group of heirs unanimously) permits it, such a bequest is valid. It is not valid for the heir to authorize the excess or refuse to do so until after X's death.

@L3.4

Charitable expenditures made by X in his will (O: such as an endowment (waqf, def:k30), gift, and so forth) are considered as part of the bequeathable one-third.

@L3.5

Bequests concerning obligatory expenditures are also considered from the bequeathable one-third, provided that X has stipulated that they come from it. (O: Though if the bequeathable third does not cover these (A: despite X having stipulated that they come from it), then the excess is paid from the remaining two-thirds. Obligatory expenditures include such things as paying debts making up the hajj(dis:j1.9), paying zakat (A: for any year that the deceased neglected to pay it), expiations, and the fulfillment of vows that would have been binding had X been well.) But if X did not stipulate (O: that these obligatory expenditures come from the bequeathable one-third), then they come directly from the other two-thirds.

@L3.6

Current charitable dispositions of property made by X during his life, such as establishing an endowment (waqf, k30), giving a gift or others, are considered as personal expenditures of his own money (O: and he could spend it all without any objection) if made while he was in sound health. But if X makes such current dispositions under any of the following circumstances, when these are linked with his death,then the dispositions are considered as having come from the bequeathable one-third:

-1- in the final illness which brought about X's death:

-2- in military combat;

-3- while travelling on rough seas in a storm;

-4- as a final request before being killed;

-5- or (O: if female) X dies while giving birth, or afterwards before separation of the placenta.

If otherwise, (O: meaning if the current charitable disposition was not made under any of the above circumstances, or was, but the circumstance was not linked with X's death) then the disposition is not taken from the bequeathable one-third.

@L3.7

(N: We distinguish between the above-mentioned current dispositions (n: such as gifts, endowments, and donations), and between bequests by noting that current dispositions are effective before X's death, while bequests are effective after. Current dispositions are normally implemented even if X uses up all his money, while bequests-unless X's heirs unanimously agree to allow otherwise-are restricted to one-third of the estate. An exception to permitting current dispositions to amount to as much of X's property as he wishes is when they are effected during his death illness (n: or other L3.6 circumstance), in which case they are limited to one-third of the estate, just as bequests are.)

If one-third of the estate does not cover the cost of the (N: current) dispositions which X made during his (N: final) illness, then (O: if these have been given in some order) they are implemented first thing first, then second, then third, and so on.

(N: Thus, if during his death illness, X said to his three friends P, Q, and R, "I give P a gift of 100 dinars, Q 100 dinars, and R 100 dinars, "but it turns that X's total estate is only 600 dinars, then his gifts to P and Q are valid, but we take back his gift to R, which is not valid because it exceeds the 200 dinars that is a third of the 600 dinars constituting the whole estate. This is what is meant by implementing them in order.)

@L3.8

The bequeathable one-third of the estate is divided (O: proportionally (N: if shares vary) ) between all the recipients X designates when: 

-1- (N: in cases of death illness current dispositions such as gifts) X did not state them in any particular order (N: such as by saying (n: in a situation like the above example) to P,Q, and R, "I give you each a hundred dinars," in which case the bequeathable one-third is divided between them) :

-2- or (N: in cases where X has explicity made bequests) the bequeathable one-third will not cover all the bequests, whether they were made separately or not.

(N: All of the above (L3.6-8) only holds if the heirs do not agree to permit more than one-third of the estate for bequests or current dispositions, since if they unanimously agree, it may exceed a third, even if it takes the whole estate.)

@L3.9

Bequests made to nonspecific individuals such as the poor are effective when X dies. (O: They own the property without the fact of ownership depending on their accepting it.)

@L3.10

When X bequeaths something to Z, a particular individual, the ownership of the article bequeathed is suspended, meaning that if Z accepts it after X's death, even if after some time has passed, then Z has owned it from the moment X died; but if Z declines to accept it, then X's heirs own it. If Z accepts it, but then refuses it before having taken possession of it (def:k7.3) this cancels his ownership of it, though if he refuses after having taken possession of it, it does not cancel his ownership (O: as his refusal is meaningless in such a case).

@L3.11

It is permissible to make the implementation of a bequest subject to a condition, whether the condition is something occuring before X's death (O: such as his saying, "If Z enters So-and-so's house, I bequeath to him such and such of my property,") or after (O: such as his saying, "If Z enters So-and-so's house after my death, I bequeath to him such and such of my property").

@L3.12: Things Which May Be Bequeathed

It is permissible to bequeath any of the following:

-1- the right to utilize something (O: while not bequeathing the actual thing);

-2- particular things;

-3- something not yet existent, such as "what this tree will bear";

-4- something not determinately known (O: whether it be an unknown thing (A: such as "the contents of this box"), or something unknown in amount);

-5- something undeliverable (non-k2.4);

-6- something not currently owned (O:at the time the bequest is made, but which X owns at the time of his death);

-7- or something impure (najasa, def:e14.1) that has a lawful use, such as a (O: trained hunting) dog, or oil contaminated with impurity; though not something impure that is without lawful use, such as wine or pigs.

@L3.13: Those to Whom Bequests Are Valid

It is permissible for X to bequeath something to Z even if Z is:

-1- a non-Muslim at war with Muslims (A: and with still better right when Z is an ordinary non-Muslim);

-2- a Jewish or Christian subject of the Islamic state;

-3- an apostate from Islam;

-4- the person who kills X;

-5- X's heir (def: L4.4), provided X's other heirs permit him to receive it (O: though if they do not, then the bequest is not carried out);

-6- or to a person yet unborn, in which case the bequest is paid to the person (O: i.e. guardian) who knows of the unborn's existence at the time X makes the bequest, provided that the child is either born alive within six months of the time the bequest is made, or is born alive more than six months and less than four years after the bequest is made, during which time the mother has had no husband (O: from whom the pregnancy could have resulted).

@L3.14: Cancelling One's Bequests

If X makes some article a bequest but then changes his mind, his taking it back is valid, annulling his bequest. X's doing any of the following is also considered taking it back (A: and cancels the bequest) :

-1- X's loss of ownership (O: of the bequeathed article) such as by sale or gift;

-2- X's subjecting the article to loss of ownership by putting it up as collateral, offering it for sale, or making another bequest that stipulates that it be sold;

-3- or when the name of the article changes, such as wheat being ground into flour, flour made into dough, yarn woven into fabric, or when X mixes a particular article with other goods.

@L3.15

If Z dies before X, the X's bequest to him is invalid. If Z dies after X but before Z accepts the bequest, then Z's heirs may accept or reject it.

*2*Chapter L4.0: Estate Division (Irth)

@(O: Estate division refers to the share allotted to each heir by Sacred Law. The scriptural basis for estate division, prior to the consensus of scholars, consists of the Koranic verses on inheritance (Koran 4;11-2,4:176) and hadiths such as the one related by Bukhari and Muslim that the Prophet (Allah bless him and give him peace) said,

"Give the obligatory shares of the estate to those who deserve them, and the rest belongs to the closest male to the deceased."

Encouragement to master the knowledge of estate division comes from such hadiths as the one from Ibn Mas'ud (Allah be well pleased with him) that the Prophet (Allah bless him and give him peace) said,

"Learn estate division and teach it to people, for I am someone who will be taken from you, and this knowledge will be taken from you and calamities will ensure, until two men will one day disagree about the obligatory apportionment and will not find anyone to judge between them.")

@L4.1: How to Work an Estate Division Problem

(n: To work an estate division problem, one should:

(a) determine the amount of the deceased's estate after deducting the L4.2-3 expenses;

(b) make a list showing which of the deceased's heirs mentioned at L4.4 exist;

(c) eliminate from the list any heirs with preventives L5.1-4;

(d) on a sheet of paper, copy the parenthesized introductory paragraph ("N: summary of - 's share,") for every heir that exists, such as the deceased's:

-1- husband (dis: L6.3);

-2- wife (L6.4);

-3- father (L6.5);

-4- mother (L6.6);

-5- daughter (L6.7);

(as mentioned at L6.8, the shares of the above-named family members are not eliminated by anyone,though the shares of those named below may be eliminated by the existence of certain other heirs)

-6- son's daughter (L6.9);

-7- full sister (L6.10);

-8- half sister from the same father (L6.11);

-9- grandfather (father's father only) (L6.13);

-10- grandmother (L6.18)

-11- half brother or half sister from the same mother (L6.20);

-12- and then the others (sons and so forth) mentioned at L6.22;

(e) read section L7 and cross off the list of heirs those whose shares are eliminated by the other existent heirs;

(f) if any universal heirs (def: L10.5) exist, see which of them eliminates the shares of the other universal heirs, as at L10.6;

(g) make a table of the heirs remaining (after (e) and (f) above) like the tables shown at L6.6, where one writes the type of heir, the fraction each deserves (with the universal heir receiving the remainder, if any), and then at the top writes the total shares (this being the common denominator of the fractions), after which one calculates the shares that go to each;

(h) if the fractions (of those besides the universal heir) add up to more than one(i.e.the total estate), then one must adjust for this as shown at L8.2;

(i) but if the fractions add up to less than the total estate and there is no universal heir to inherit the rest, then one must redistribute the shares as described at L9.1-2.

One may practice and test one's skill at estate division by reading through the present section and doing the problems depicted in the tables, though to do all the problems one must have (or memorize) a full worksheet that contains all the informination mentioned in (d), (h), and (i), above, plus the rules concerning universal heirs discussed at L10.1-4. Finally, it is best to check one's answers with an Islamic scholar, preferably a teacher from whom to take instruction, since this is a subject that is easier to acquilre from its masters than from books.)

@L4.2: Expenses Deducted From the Estate Prior to Estate Division

The first thing (O: obligatorily) taken from X's property is the expense of preparing his body (O: such as the cost of the water to wash him, the washer's fee, cost of the shroud and perfume placed therein, pallbearers'fees, and so forth) and of burying him. These expenses are deducted before X's debts are paid, his bequests fulfilled, or his estate divided, unless there is a financial obligation due on the property itself, such as:

-1- when there is zakat (A: due from any year X neglected to pay it before his death);

-2- when some of the property has been put up as collateral (dis: k11.2);

-3- or when X dies bankrupt with unpaid-for merchandise among his property (A: which must be returned to the seller before paying other expenses from X's property).

@L4.3

After the above are paid, the following measures are taken (A: and the sequence given is obligatory) :

-1- X's debts are paid (N: though if a government takes non-Islamic estate taxes, these are deducted from the main part of the estate (A: before debts or bequests, as any other loss would be) );

-2- then X's bequests (def: L1-3) are carried out (O: from a third of what remains after debts);

-3- and then X's remaining property is divided between his estate division heirs.

@L4.4: Heirs

X's male heirs consist of:

-1- X's son; 

-2- X's son's son, son's son, and on down;

-3- X's father;

-4- X's father's father (A: the term grandfather throughout the book of inheritance refers only to this paternal grandfather), father's father's father, and on up;

-5- X's full brother, or half brother from X's father or mother;

-6- the son of X's full brother, or son of X's half brother from the same father;

-7- X's father's full brother, or son of X's half brother from the same father;

-8- the son of X's father's full brother or father's half brother from the same father;

-9- and X's husband.

X's female heirs are:

-1- X's daughter;

-2- X's son's daughter, son's son's daughter, son's son's daughter, and on down;

-3- X's mother;

-4- X's grandmother (whether she is the mother of X's father or mother), great-grand-mother, and on up;

-5- X's full sister, or half sister from the same father or mother;

-6- and X's wife.

@L4.5: Extended Family Members Who do not Normally Inherit

The following extended family members may no inherit from X's estate (except under the conditions discussed at L10.8) :

-1- X's daughter's children (O: male or female);

-2- X's mother's brother's sons;

-3- X's sister's children, the sons or daughters of X's daughter's children, or the sons or daughters of

X's sister's children;

-4- X's brother's (O: whether full brother's from the same father) daughters;

-5- X's father's brother's (O: whether full brother's or half brother's from the same father) daughters;

-6- X's father's half brother from the same mother;

-7- X's mother's father;

-8- X's mother's brother or sister;

-9- X's father's sister;

-10- or anyone related to X through one of the above.

*2*Chapter L5.0: The Four Preventives of Inheriting an Estate Division Share

@(O: Preventive means that if someone is an estate division heir (def:L4.4) but one of the following characteristics exists in him, then he may not inherit.) (A: In calculating the estate division, an heir who is made ineligible by a preventive is considered nonexistent. Such a person is nonheir, and as such is eligible for a bequest (def: L1.0) if X wills him one.)

@L5.1 The first preventive is killing. Whoever kills X may not inherit from him, no matter whether the killing was:

-1- lawful, as in retaliation (def: o3) or imposing a criminal penalty;

-2- without lawful right;

-3- accidental;

-4- intentional;

-5- direct (O: such as Z shooting while hunting,and the shot hitting X);

-6- or when Z is a causal factor in X's death, such as testifying to an act of X's that calls for retaliation against X, or such as digging a well into which X falls.

To summarize, whoever has a hand in X's death, no matter how, cannot inherit from him.

@L5.2

The second preventive is being non-Muslim: a Muslim may not inherit from a non-Muslim, and a non-Muslim may not inherit from a Muslim (dis:L1.0).

@L5.3

The third preventive is slavery.

@L5.4

The fourth is uncertainty as to who died first,such as when X and Z both drown or both die in the collapse of a building, and it is not known who died before the other. In such a case neither may inherit from the other.

*2*Chapter L6.0: The Estate Division Shares

@L6.1

The six obligatory shares mentioned in the Koran (Koran 4:11-12) are one-half, one-fourth, one-eighth, two-thirds, one-third and one-sixth.

@L6.2 They go to ten categories:

-1- X's husband;

-2- X's wife;

-3- X's father;

-4- X's mother;

-5- X's daughters;

-6- X's son's daughters or the daughters of X's son's son, son's son, and on down;

-7- X's sister;

-8- X's father's father;

-9- X's mother's or father's mother;

-10- X's half brothers or half sisters from the same mother.

@L6.3

(N: A summary of X's husband's share:

-1/2 if there is no inheriting descendant.

-1/4 if there is an inheriting descendant.

-The husband's share is not eliminated by anyone.)

X's husband:

-1- receives one-half the estate when X has no child who may inherit (O: even if the child is from a different husband) (N: the word child (Ar. walad) including both males and females (A: of all ages) ), and X's son has no child who may inherit;

-2- but receives one-fourth the estate when X has a child who may inherit (O: whether from X by this husband or a different husband,and whether male or female), or when X's son has a child who may inherit.

@L6.4

(N:A summary of X's wife's share:

-1/4 if there is no inheriting descendant.

-1/8 if there is an inheriting descendant.

-The wife's share is not eliminated by anyone.)

X's wife:

-1- recieves one-fourth the estate when X has no child to inherit (O:even if by a different wife) and X's son has no child to inherit;

-2- but receives one-eighth the estate when X has a child to inherit, or X's son has a child to inherit

(O:whether X's son is from her or from another wife).

If there are two, three, or four wives, they jointly receive the one-fourth or one -eighth (O:meaning that the share apportioned to one wife is given to two or more (A: to divide up between them) ).

@L6.5

(N:A summary of X's father's share:

-1/6 if there is an inheriting descendant.

Universal heir (def: L10.5) if there is no male inheriting descendant.

-The father's share is not eliminated by anyone.)

X's father:

-1- receives one-sixth of the estate when X has a son to inherit, or when X's son has a son to inherit(O:or when X has a daughter or X's son has a daughter, who may inherit (N:though in such a case, the father takes (A:the sixth plus) the remainderr of the estate as universal heir (n:as discussed next) )

-2- but is universal heir (O: by himself,meaning he takes the whole estate if there are no others who have an obligatory share coming; or if there are such others, he receives the remainder of the estate after tehy have received their shares) when X has no son to inherit and X's son has no son to inherit

@L6.6

(N: A summary of X's mother's share:

-1/6 if there is an inheriting descendant, or if there are two or more of X's brothers or sisters.

-1/3 of the remainder after deducting the share of X's husband or wife in cases where the heirs include both X's father and the husband ir wife but no inheriting descendant.

-1/3 of the estate when none of the above mentioned heirs exists.

The mother's share is not eliminated by anyone.)

X's mother:

-1- receives one-third of the estate when all three of the following are the case:

(a) X has no child (male or female) who may inherit, nor does X's son;

(b) X does not have two or more brothers or sisters, whether full brothers or sisters or half brothers or sisters from either parent:

(c) and the heirs do not include X's husband and X's two parents, or X's wife and two parents (A: of which X's mother is one);

-2- she receives one-sixth of the estate when (non-(a) above) X has a child who may inherit, or when (non-(b) ) X has two or more brothers or sisters;

-3- and she receives one-third of the remainder after deducting the share of X's husband or wife when:

-(non-(c) above) the heirs include X's husband and two parents, in which case she receives one-third of the remainder after X's husband receives his share of one-half, meaning she receives a sixth of the estate, as that is a third of the remainder, and X's father receives the rest:

Shares *6

______________________________________________

husband   1/2      3

______________________________________________

mother   1/6      1

______________________________________________

father   universal heir   2

______________________________________________

(* common denominator of 1/2 and 1/6)

-or (non-(c) above) when the heirs include X's wife and two parents in which case the receives one-third of the remainder after X's wife receive her share of one-fourth, meaning that the mother receives one-fourth of the estate, as that is a third of the remainder, and the father receives the rest:

Shares 4

________________________________________________

wife    1/4      1

________________________________________________

mother    1/4      1

________________________________________________

father    universal heir   2

________________________________________________

@L6.7

(N: A summary of X's daughter's share:

-1/2 if there are no other of X's sons or daughters (n: whether full or half brothers of sisters to her).

-2/3 for her to share equally (if there are no sons) with other daughters, if any.

-She is co-universal heir (def:L10.3) with X's sons(s) if existent, meaning that they jointly constitute the universal heir, dividing this share so that each male receives twice the amount of each female (A: since men are obliged to support women in Islam (dis:m11) and not vice versa).

-The daughter's share is not eliminated by anyone.)

-1- X's sole daughter (O: who is without a co-universal heir such as her brother, and without someone else on her own level, such as her sister) receives half of the estate.

-2- Two or more daughters jointly receive two-thirds.

@L6.8

(N: It is important to remember for the persons named in the following rulings that the share of any of them who is related to X through an inheriting heir is eliminated by the existence of that heir (dis:L7.4-6), except for X's half brother from the same mother, whose share is not eliminated by the mother's existence.)

@L6.9

(N: A summary of the share of X's son's daughter:

-Her share is eliminated if X's son exist (n: an example of the above rule).

-1/2 if X has no daughter son's son or any other daughter of a son.

-2/3 for her to share equally with the other daughters of X's son(s), if X has no daughter(s) or son's son(s).

-1/6 when there is a sole daughter (def:L6.7(1) ).

-She is co-universal heir (def:L10.3) with X's son's son(s) (A: in the absence of X's daughter, dividing this share of each male receives twice the share of each female).

-Her share is eliminated when X has two or more daughters.)

When X's sole daughter (def:L6.7(1) ) exists, X's son's daughter(s) (A: if there are more than one, they share) receives one-sixth of the estate, which with the sole daughter's share of one-half, makes two-thirds (N:which is the maximum that may go to the category of daughters).

@L6.10

(N: A summary of the share of X's full sister:

-1/2 if there are no other full brothers or sisters.

-2/3 for her to share equally with other full sisters.

-She is co-universal heir (def:L10.3) with full brother(s) if any, each male receiving twice the share of each female.

-She is universal heir through X's daughter(s) (def: L0.4)

-Her share is eliminated if X's father or X's son exists.)

-1- X's sole full sister (N: meaning no other full brothers or sisters exist) receives one-half of the estate.

-2- Two or more such sisters (N: when there are no full brothers) jointly receive two-thirds.

(n: L6.12 discusses X's full sister(s) with X's daughters.)

@L6.11

(N: A summary of the share of X's half sister from the same father:

-1/2 in the absence of X's full brother, full sister, other half sister from the same father, and half brother from the same father.

-2/3 for her to share equally with other half sister(s) from the same father, when there are no full brothers or sisters,and no half brothers from the same father.

-1/6 when there is X's sole full sister.

-She is universal heir through X's daughters or X's son's daughters (def:L10.4) provided there are no full brothers or sisters, or half brothers from the same father.

-She is co-universal heir (def:L10.3) with X's half brother(s) from the same father, the male receiving twice the share of each female.

-Her share is eliminated if X's father or son exists.)

-1- X's sole half sister from the same father receives one-half of the estate.

-2- Two or more such paternal half sisters jointly receive two-thirds.

-3- When such a half sister, or two or more, exists with X's sole full sister, then the half sister(s) (A: jointly, if more than one) receives one-sixth, which with the half that goes to the full sister, makes two-thirds.

@L6.12

X's full sister(s) is universal heir through X's daughter(s) (def:L10.4).  If X has no full sisters, X's half sisters by the same father are the estate's universal heirs through X's daughter(s) (L10.4).

An example of the former is when the heirs are X's daughter and full sister. The daughter receives one-half (dis:L6.7(1) ), and the sister receives the rest (A: as universal heir) :

shares: 2

_______________________________________________

daughter   1/2      1

_______________________________________________

full sister  universal heir   1

Another example is when there are X's two daughters, a full sister, and a paternal half sister, in which case the two daughters jointly receive two-thirds (dis: L6.7(2) ), and the full sister receives the rest (A: as universal heir), while the paternal half sister's share is eliminated (A: by the full sister's universal heirship) :

shares 3

_________________________________________________

2 daughters   2/3      2

_________________________________________________

full sister   universal heir    1

_________________________________________________

half sister   eliminated     0

_________________________________________________

@L6.13

(N: summary of X's grandfather's (father's father's) share:

-His share is eliminated if X's father exists.

-1/6 if X has an inheriting male descendant.

-He is universal heir in the absence of both X's father and any inheriting male descendant.

-If X's brother(s) or sister(s) exists, then

-1- when there is no other heir who has an obligatory share coming, then the grandfather receives whichever of the following two alternatives yields the maximum:

-1/3 of the estate;

-or dividing the estate with X's brother(s) or sister(s) as if he were one of them, the male receiving twice the share of the female. If only X's sister(s) exists, then she becomes co-universal heir (def:L10.3) with him;

-2- but when there are one or more other heirs who have no obligatory share coming besides the brother(s) or sister(s), then the grandfather receives whichever of the following three alternatives yields the maximum:

-1/6 of the estate;

-1/3 of the remainder after the (non-brother/sister) heir(s) receives their share; Or dividing the estate with X's brother(s) or sister(s) as if he were one of them, the male receiving twice the share of the female. If only X's sister(s) exists, then she becomes co-universal heir (L10.3) with him.)

As for the grandfather, sometimes X's brothers or sisters exist with him and sometimes they do not.

When they do not, then the grandfather receives one-sixth of the estate of X's son or son's son (O: or X's daughters or son's daughters) exist (N: but in such a case he takes the sixth plus the rest as universal heir); while the grandfather is the universal heir (def: L10.5) in the absence of X's son or son's son (N: or daughter or son's daughter).

When X's (full or paternal half) brothers or sisters exist, then sometimes there are other inheriting heirs (dis:L6.15) and sometimes not (L6.14).

@L6.14

When (Besides X's brother(s) or sister(s) ) the grandfather's consurvivors do not include other inheriting heirs, the grandfather divides the estate with the brothers (A: and sisters) as if he were one of them, and (if there are only sisters) is co-universal heir (def: L10.3) with the sisters.

But such a division is only effected when it does not result in less than one-third of the estate going to the grandfather. If it would result in less than a third for him, then his obligatory share is one-third of the estate, and the brothers or sisters divide the rest between them, the males receiving the share of two females. This is illustrated by the following examples (A: in each of which the grandfather receives at least a third) :

-1- X's grandfather and one sister:

shares: 3

___________________________________________________

grandfather         2

___________________________________________________

sister          1

___________________________________________________

-2- grandfather and two sisters:

shares: 4

___________________________________________________

grandfather         2

___________________________________________________

sister          1

___________________________________________________

sister          1

___________________________________________________

-3- grandfather and three sisters:

shares: 5

___________________________________________________

grandfather         2

___________________________________________________

sister           1

___________________________________________________

sister           1

___________________________________________________

sister           1

___________________________________________________

-4- grandfather and four sisters:

shares: 6

___________________________________________________

grandfather         2

___________________________________________________

sister           1

___________________________________________________

sister           1

___________________________________________________

sister           1

___________________________________________________

sister           1

___________________________________________________

-5- grandfather and one brother:

shares: 2

___________________________________________________

grandfather         1

___________________________________________________

brother          1

___________________________________________________

-6- grandfather and two brothers:

shares: 3

grandfather         1

___________________________________________________

brother          1

___________________________________________________

brother          1

___________________________________________________

-7- grandfather, brother, and sister:

shares: 5

___________________________________________________

grandfather         2

___________________________________________________

brother          2

___________________________________________________

sister          1

___________________________________________________

-8- grandfather, brother, and two sisters:

shares: 6

___________________________________________________

grandfather         2

___________________________________________________

brother          2

___________________________________________________

sister          1

___________________________________________________

sister          1

___________________________________________________

In each of the above examples, the grandfather divides the estate with them, the male receiving the share of two females.

@L6.15

When (besides X's brothers or sisters) the grandfather's cosurvivors include another inheriting heir, then the heir is given his share, and the grandfather receives the maximal amount of three possibilities:

(a) division (A: meaning to divide it with the brothers or sisters as in the above examples);

(b) a third of the remainder (A: taking a third of what remains after the (non-brother/sister) heir has taken his share);

(c) or one-sixth of the estate (A: as the estate stands before the above-mentioned heir has received his share).

This ruling may be illustrated by (n: the following four examples) :

-1- X's husband, grandfather, and brother, where division is better for the grandfather. (n: To show why division ((a) above) is better, we may compare the three possibilities ((a), (b) and (c) ) for this example:

(a) division:

shares : 4

________________________________________________________

husband   1/2 (dis: L6.3(1) )    2

grandfather           1

brother     division     1

(b) third of remainder (after the husband's share);

shares: 6

-------------------------------------------------

husband    1/2      3

grandfather   1/3 remainder   1

brother    universal    2

(c) sixth of estate:

shares: 6

--------------------------------------------------

husband    1/2      3

grandfather   1/6 estate    1

brother    universal    2

The comparison reveals that division, giving the grandfather 1/4, is better than the other alternatives, which only give him 1/6, and so division is the alternative that must be implemented.)

-2- X's two daughters, two brothers, and grandfather, where a sixth of the estate is better for him.

(n: Comparison:

(a) division:

shares: 9

---------------------------------------------------

daughter           3

daughter    2/3 (dis: L6.7(2) )   3

grandfather          1

brother     division    1

brother           1

(b) third of remainder (after the daughters share) :

shares:  9

----------------------------------------------------

daughter           3

daughter    2/3       3

grandfather   1/3 remainder    1

brother    Universal     1

brother           1

(c) sixth of estate:

shares: 12

---------------------------------------------------

daughter           4

daughter           4

grandfather   1/6 estate     2

brother    universal     1

brother           1

The comparison reveals that a sixth of the estate is better than the other alternatives,which only give him 1/9, and so the former is the alternative that must be implemented.)

-3- X's wife, three brothers, and grandfather, where a third of the remainder is better for him. (n: Comparison:

(a) division:

shares: 16

-----------------------------------------------------

wife    1/4 (dis: L6.4(1) )    4

grandfather           3

brother            3

brother    division      3

brother            3

(b) third of remainder (after the wife's share) :

shares: 12

-----------------------------------------------------

wife     1/4      3

grandfather    1/3 remainder    3

brother           2

brother           2

brother           2

(c) sixth of estate:

shares: 36

-----------------------------------------------------

wife     1/4       9

grandfather   1/6 estate     6

brother           7

brother    universal     7

brother           7

The comparison reveals that a third of the remainder, which gives the grandfather 1/4, is better for him than division with the brothers (which gives him 3/16), or a sixth of the estate, so he must receive a third of the remainder.)

-4- X's two daughters, mother, grandfather, and brothers, where a sixth of the estate is better for him. (n: Comparison:

(a) division:

shares: 6

---------------------------------------------------

daughter           2

daughter   2/3 (dis: L6.7(2) )    2

mother   1/6 (dis: L6.6(2) )    1

grandfather

brothers    division     1

(b) third of remainder (after the shares of the daughters and mother) :

shares: 18

-------------------------------------------------

daughter          6

daughter   2/3 (dis:L6.7(2) )   6

mother    1/6 (dis:L6.6(2) )   3

grandfather  1/3 remainder    1

brothers   universal     2

(c) sixth of estate:

shares: 6

-----------------------------------------------

daughter          2

daughter   2/3       2

mother   1/6       1

grandfather  1/6       1

(In this case, there is no one who can eliminate the shares of the inheriting heirs above, who have used up the estate so that there is nothing left for the universal heir (the brothers) to inherit (dis: L10.5) :)

brothers    eliminated    0

The comparison shows that a sixth of the estate is better for the grandfather than a third of the remainder, which would give him 1/16, or division with the brothers, which would give him 1/12 or less, and so he must receive a sixth of the estate.)

@L6.16

If both X's brothers and half brothers from the same father exist with the grandfather, the brothers add the number of the half brothers shares with their own shares in calculating their own versus the grandfather's, but then the brothers receive both their own shares and the half brothers' shares. (A: The latter are eliminated (dis: L7.3) by the brothers, but are initially reckoned in as a dispensation for the brothers.)

This may by illustrated by the following example, in which there is X's grandfather, brother, and half brother from the same father.

(initial division)      shares: 3

--------------------------------------------------

grandfather          1

brother    division     1

half brother          1

but then, because the brother eliminates the hal brother's share,

shares: 3

-------------------------------------------------

grandfather          1

brother           2

half brother   eliminated     0

and this is the actual division.

In a second, similar case, if there is a sister, half brother from the same father, and grandfather, then (A: the half brother's share is reckoned with the sister's share versus that of the grandfather, and) her portion of the estate is brought up to one-half (A: which is the maximum she may receive as at @L6.10(1) ) from the (n:additive) amount, and the rest goes to the half brother (A:since the grandfather already has his share and she may receive more than her obligatory share of one-half).  (n: To illustrate, first we make a plain division, the males receiving the share of two females:

shares: 5

----------------------------------------------------

grandfather          2

sister    division      1

half brother          2

Then, as in the previous case, we give the half brother's share to the sister, since there is none to eliminate her full share of one-half (dis: L6.10(1) ).

shares: 5

--------------------------------------------

grandfather        2

sister         3

half brother        0

But since this gives the sister more than her maximal share of one-half, the surplus is returned to the half brother, and this is the final division. Here, for convenient redivision, we multiply the case's shares by two:

(2 x 5=)           shares: 10

grandfather           4

sister            5

half brother           1

which is the actual division.)

@L6.17

When there is a sister (O: full sister or half sister from the same father) and grandfather, the sister does not normally receive a particular obligatory share (O: since she is co-universal heir (def: L10.3) with the grandfather), except in the following case (Ar.al-akdariyya lit "the murkiest") in which there is X's husband, mother, grandfather, and sister.

shares: 6

husband   1/2 (dis: L6.3(1) )   3

mother   1/3 (dis: L6.6(1) )   2

grandfather  1/6 (dis: L6.15(c) )   1

But at this point, the estate has been used up, despite the fact that the sister deserves her share of one-half, and no one can eliminate it:

sister   1/2 (dis: L6.10(1) )   3

so we redivide the estate by adding the three shares that the sister deserves to the initial division's six shares, which become nine (A: this procedure being an adjustment (`awl, def; L8.1) for not being able to give everyone full shares, one which proportionately distributes the deficit to all recipients).

(6 + 3 =)          shares: 9

husband            3

mother             2

grandfather           1

sister             3

But this results in the grandfather receiving less than if he were to divide the remaining estate with the sister (n: which is impermissible because of ruling L6.15), and so the grandfather and sister add their shares to together (equalling four) and divide them, the male receiving the portion of two females (n: Here, for convenient redivision, we multiply the case's shares by three:

(3 x 9 =)          shares : 27

husband             9

mother              6

grandfather            8

sister     division       4

and this is the actual division.)

@L6.18

(N: A summary of the share of X's grandmother (whether she is X's father's mother or mother's mother, or, if both exist, they share the portion) :

-1/6 if X's mother does not exist.

-Her share is eliminated if X's mother exists.

-Her share is eliminated by the existence of X's

father if X is descended from her through the father.)

+   +     +   +

E O O F O  O  (III) G O O H O O

\ + / \ +  /    \ + / \ + /

\ / \  /    \ /  \ /

\/  \ /     \/  \ /

+        +

A O  B O   (II)  C O  D O

\ +  /      \+  /

\  /       \ /

\ /        \ /

O        +

+     (I)   O

\        /

\       /

\      /

\     /

\    /

\   /

\  /

\ /

X

-------------------------------------------------------------

O  #  mother

+

+

O  #  father

-------------------------------------------------------------

-1- X's grandmother (or great-grandmother) gets one-sixth of the estate when:

- she is A, E, and so on, up that line (n: on the chart above);

- she is C, G and so on, up that line;

- or when she is H, and so on, up that line.

-2- If there are two grandmothers/great-grandmothers on the same level (A: level II, for example), they jointly get one-sixth to share between them, such as when both C and A exist, or when both G and H exist.

-3- If one of two surviving grandmothers/great-grandmothers is closer (A: on a closer level) to X, then:

(a) if the closer of the two is on X's mother's side (n: the left of the chart) then she eliminates the share of the farther of the two. For example, the existence of A eliminates G's share;

(b) but if the closer of the two is on the father's side (n: the right of the chart), she does not eliminate the share of the one on the mother's side who is farther from X. Rather, both jointly receive the sixth to divide between them. For example, C does not eliminate E.

@L6.19

As for great-grandmother F, she does not inherit, as she is an extended family member who may not inherit (A: being related to X through B, who may not inherit (dis: L4.5(7, 10) ) ).

@L6.20

(N: A summary of the share of X's half brother or sister from the same mother:

-1/6 if there is just one of them, when none of X's inheriting male ancestors (A: father on up) exists, nor any inheriting descendants.

-1/3 if there are t