Group of precepts regarding the hajj
Firstly, it is incumbent on a Muslim to make the pilgrimage when he is able to secure its prerequisites such as journey provisions and a she-camel. These are the clearest two conditions of ability. Among its condition that he/she is able to walk with healthy body, and free in respect of action.
Secondly, the kinds of the hajj are three, and they are as follows:
A.
Hajj al-tamattu':
It is the religious duty of those who live within forty-eight miles of Mecca in all directions. The characteristics of this hajj are: Ihra`m (the ceremonies of 'umra and hajj) starts from inside Mecca, sacrifice is obligatory on it, 'umra therein precedes hajj, 'umra connects with it to the extent that they are as one act.
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1.Quran, 2, 196.
2. Ibid., 22, 27-28.
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B. Hajj al-Qiran
As for
Hajj al-Qiran, it is the religious duty of those who live in Mecca and around it on the condition that it should not exceed the limit which has been mentioned for
hajj al-tamattu'. Al-Qarin enters the state of pilgrimage from the house of his family. Driving a sacrifice in this hajj is a must and the hump of the sacrifice should be split in the right side and stained with its blood if it is a camel (
budna); and a sandal, in which he had performed prayers, should be hung around the neck of the sacrifice if it is other than a camel (
budna).
C.
Hajj al-ifrad, it this the religious duty of those who live near Mecca just as Hajj al-Qara`n. The pilgrim enters the state of pilgrimage from the house of his family if it is nearer to Mecca than al-Miqat (point and time);otherwise he/she should enters the states of pilgrimage from al-Miqat. Among the characteristics of
Hajj al-Qaran and
Hajj al-ifrad is that al-'umra therein is after the hajj, and he/she must have the intention of performing them separately.
Thirdly, entering into the state of ritual consecration (
ihram) should start from al-Miqa`t. It is not correct for him/her to start it before al-Miqa`t, and it is not permissible for the responsible (
al-mukallaf) to exceed al-Miqat without
ihram apart from the frequent and those who do not intend to enter Mecca during their passing by al-Miqat.
Fourth, as for the sacrifice (
al-hadi), it should be perfect in creation, so the one-eyed, the one with an ear of which something is cut, the castrated whose testicles have been pulled out are not permissible. As for the bruise of the testicles which is called
al-mouju', it is not a defect and is permissible.
He, peace be on him, has said: "And as for jihad (going to fight in the cause of Islam) is (performed) along with a just Imam, and he who fights and is killed for his property and his luggage is a martyr."
As for jihad, it is one of the doors to the Garden; Allah has open it for His special friends, as Ima`m 'Ali, the Commander of the faithful, peace be on him, says. It is of various kinds, which are as follows:
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1.
Hajj al-Qiran is pilgrimage in common, to perform two affairs at the same time.
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A. Jihad against the polytheists in order to summon them to Islam.
B. Jihad against the unbelievers who attack the Muslims.
C. Jihad against him who intends to kill a respected soul or taking money or capturing (his) wives. Perhaps this kind is called defense not jihad.
Jihad is obligatory in the presence of the Ima`m or his deputy who is appointed by him for performing jihad. He who is killed in the field of jihad is a martyr; the precepts regarding martyr is applied to him, hence he/she buried in his/her own clothes.
As for him who fights for his property, his baggage, his soul and is killed, then he has the reward of a martyr; he is washed and shrouded.
He, peace be on him, has said: "It is not lawful to kill any of the infidels in the city of precautionary dissimulation (
dar al-taqiya) except him who is a killer or a rebel. That is when you are not cautious of yourself or of taking the properties of men from among the opponents and the like."
As for the infidels who enter the protection (
dhimma) of Islam, their blood is unlawful, and their conditions are safeguarded just as Muslims. The infidel loses this protection when he kills a respected soul or rebels against the religious authority in the country.
Likewise, it is forbidden to take the properties of the opponents and the like, for Islam has safeguarded the properties of men just as it has safeguarded their blood and honor.
He, peace be on him, has said: "And precautionary dissimulation (taqiya) in the city of the precautionary dissimulation (
dar al-taqiya.) is obligatory. There is no sin upon him who takes an oath as precautionary dissimulation through which he repels wrongdoing from his own soul."
As for precautionary dissimulation (
taqiya), it was legislated in the time when the ruling authorities employed all their organs against the Ima`ms of the members of the House (
ahl al-Bayt), peace be on them, and their Shï'ites. For example, in the time of the wicked pagan, Mu'awiya b. Abu Sufyan, person preferred being called infidel to
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being called a follower of Imam 'Ali, the Commander of the faithful, peace be on him. Most Umayyad and 'Abbasid kings followed this infidel plan which was drawn by the son of Hind (Mu'awiya). Had it not been for the wisdom of the pure Imams and their forcing their Shï'ites to cling to precautionary dissimulation (
taqiya.), their would have been no name of the members of the House (
ahl al-Bayt), peace be on them. As for Imam al-Rida, peace be on him, he gave a religious opinion that precautionary dissimulation (
taqiya) was obligatory, and that there was no sin upon him who took an oath as precautionary dissimulation (
taqiya).
He, peace be on him, has said: "And divorce in the Sunna (the Prophet's sayings and practices) is according to what Allah, the Great and Almighty, has mentioned, and the Sunna of His Prophet, may Allah bless him and his family. There is no divorce without Sunna; every divorce which opposes the Book is not divorce; every marriage which opposes the Sunna is not marriage.
"Do not marry more than four women. If you divorce woman three times according to the Sunna, it is not lawful for you to marry her unless she marries a husband other than you. The Commander of the faithful, peace be on him, said: 'Beware of the women who are divorced three times, for they shall marry husbands."
Divorce means breaking the relationship of marriage and it is among the things which Allah, the Exalted, detests. That is because it leads to the collapse of social cells, spread hatred and enmity among men. This paragraph contains some precepts regarding divorce and marriage, of which are the following:
Firstly, divorce is regarded as correct when the following conditions are available:
A. The husband must be sane and adult, and should not be forced by anyone to divorce his wife, for the divorce of the boy, the insane, and the drunken who has no intention is invalid.
B. The marriage should be permanent, for the there is no divorce in the fixed-term marriage (
mutt'a).
C. The wife should be free from
hayd(regular menstrual bleeding) and
nifas (childbirth bleeding) if the husband had already married her.
D. The formula of divorce, it is that the husband should say: You are divorced or she is divorced.
E. Two just witnesses should hear the formula of divorce.
These are some conditions which should be available in correct divorce. As for divorce other than this such as the divorce of the joker, the inattentive, and the heedless is invalid according to the viewpoints of the Ima`mi Shï~'ites, whilst some Muslim schools regard it as correct. Divorce is also invalid unless it occurs by the virtue of these words: You are divorced or she is divorced. Some Muslim schools regard divorce as permissible when it occurs by the virtue of these words such as al-firaq (separation) al-Sara`h (dismissal), and the like.
Secondly, the marriage which opposes the Sunna is invalid such as the marriage of the woman who is forced or she who is during the 'idda (period of waiting after the dissolution of a marriage) or she was among the unlawful because of kinship or relationship by marriage; marrying such women is invalid.
Thirdly, the man has no right to marry more than four women by the virtue of permanent contract.
Fourth, when the wife is divorced three times, it is not lawful for her husband to remarry her until she marries a husband other than him.
He (Ima`m al-Rida`), peace be on him, has said: "And calling down blessing upon the Prophet, may Allah bless him and his family, is in all situations such as the winds, sneezing, and the like.
"Showing love for the friends of Allah and for their friends, hating His enemies, renouncing them and their leaders (Ima`ms) (are part of piety)."
It is recommended to call blessing down upon the greatest Messenger, the Savor of mankind and its guide to happiness and good in this world and the next. How great his achievements toward mankind are! So it is his own right against mankind to call down blessing upon him in all situations.
One of Islamic manners is to show love toward the friends of Allah and their friends, to hate the enemies of Allah and to renounce
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1. Figh al-Sunna.
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them and their leaders (Ima`ms), for that is one of the elements of reverential fear and Islamic message.
He, peace be on him, has said: "And honoring the parents. If they are polytheists, then do not obey them and keep company with them in this world kindly, for Allah says:
Be grateful to Me and to both your parents; to Me is the eventual coming. And if they contend with you that you should associate with me what you have no knowledge of, do not obey them. The Commander of the faithful, peace be on him, said: 'They (parents) do not fast for them (children); nor do they pray (for them), but they order them to disobey Allah, so they obey them.'"
Then he has said: "I (i.e. Ima`m al-Rida`) heard Allah's Messenger, may Allah bless him and his family, say: 'He who obeys creature in other than obeying Allah disbelieves and adopts a god other than Allah.'"
Among marvelous Islamic legislation is honoring the parents and showing kindness toward them, making them occupy the second rank after the Almighty Creator in showing obedience and submission to their orders. That is as reward for their arduous efforts during bringing up their children, especially as it concerns mother. Were it not for her care, her affection, her mercy, her child would not live. It is she who feeds him and takes care of bringing him up. Therefore, how great her right is!
Showing obedience to the parents in other than disobeying Allah is obligatory. As for disobeying (Him) by the virtue of showing obedience to them is not obligatory.
He, peace be on him, has said: "And the conditional slaughter of the embryo is similar to that of its mother."
The Imam, peace be on him, has presented a precept regarding the embryo from among the animals whose flesh can be eaten. When
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1. In al-Uyun it has been mentioned. "And honoring the parents is obligatory. If they are polytheists, then their is no obedience to them nor to other than them in disobeying the Creator, for there is no obedience to creature in disobeying Allah.
2. Qur'an, 31, 14-15.
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its mother is slaughtered and it dies in its uterus, its flesh is lawful. When it comes out alive and is slaughtered, its flesh is lawful; otherwise, it is unlawful.
He, peace be on him, has said: "And the sins of the prophets are small and are forgiven for them by the virtue of Prophethood."
More likely, this sentence is forged and has been put in the speech of the Ima`m, peace be on him, for the prophets were infallible and no disobedience had issued from them. Moreover, the Ima`m himself has established many proofs of that in some of his debates.
He, peace be on him, has said: "And the religious duties are according to Allah's command; there is no reduction in them; and none inherits along with the parents and the child except the husband and the wife; the possessor of the share is more entitled than him who has no share; and al-'asaba (males who belong to the deceased) do not belong to the religion of Allah."
In this paragraph the Ima`m, peace be on him, has presented some precepts regarding inheritances, and they are as follows:
Firstly, there is no reduction in the religious duties and inheritances which Allah has imposed (on men). This can be explained as follows: If the inheritors are numerous and their shares are more than the religious share for example, if the deceased lefts behind him a wife, two parents, and two daughters then the shares in this religious duty is one-fourth, two one-sixths, and two one-thirds. Accordingly, the Sunnis believe in al-'awl (reduction); which means that reduction must include each of the possessors of the shares according to the ratio of his share. As for the Shï~'ites, they say that reduction includes some inheritors, not all of them, and they have given proofs of that in the researches on inheritance.
Secondly, the first degree in inheritances is of two types: one of them is the parents apart from the grandfathers and grandmothers; the other is the children, even if they descend, males and females. The wife inherits along with these two types, for she inherits one-fourth when there is no child, and the one-eighth when there is a child. As for the husband, he inherits the one-fourth when there is a child, and the half when there is no child.
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Thirdly, there is no
'asaba in inheritances according to the viewpoints of the Shï~'ites; other than them from among the followers of the Islamic sects also adopt this view, and example of that, when the deceased leaves behind him one daughter, then she will have the half of what he has left behind him according to the religious duty, and she will inherit the second half by the virtue of distribution. The view of those other than the Shï~'ites is that the second half of property is given to
al-'asaba or the males who belong to the deceased without means or the means of the male, and perhaps the uncles of the female, according to their details.
1
He, peace be on him, has said: "And
al-'aqïqa on behalf of the child, male and female, is on the seventh day; its (the baby's) hair is shaved on the seventh day; it is given a name on the seventh day; gold or silver equals to the weight of its hair is given as alms on the seventh day."
The Ima`m, peace be on him, has presented some religious recommended acts which must be performed on behalf of the new-born baby, and they are as follows:
A.
Al-'qïqa (sacrifice):
It is recommended that a ram should be sacrificed on the seventh day if the child is a male, and that a ewe should be sacrificed if the child is female. This was legislated by the greatest Messenger, may Allah bless him and his family, when his grandson, his sweet basil, the master of the youths of the Garden, Imam al-Hasan, peace be on him, was born. Likewise, this was done by him when his second grandson the master of the youth of the Garden, Imam al-Husayn, peace be on him, was born.
B. Shaving the hair of the child:
It is recommended that the hair of the child to be shaved on the seventh day of its birth, and that gold or silver equals to its weight to be given as alms to the needy. The Prophet, may Allah bless him and his family, performed that on behalf of his two grandsons and his two sweet basil, peace be on them.
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1. Minhajj al-Salihin, vol. 279.
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C. Giving a name to the child:
It is strongly recommended that a name should be given to the child on the seventh day, and that the name should be blessed like those of the Prophet, may Allah bless him and his family, and of his testamentary trustees, the great Ima`ms.
He, peace be on him, has said: "And the acts of the creatures were created as the creation of an ordainment, not the creation of structure."
The Ima`m, peace be on him, has referred to the acts of the creatures, for Allah, the Exalted, had knowledge of them, and He did not create them as the creation of structure; otherwise they will be ascribed to Him.
He, peace be on him, has said: "Do not believe in compulsion and authorization." These words give an account of the beliefs of the Shï'ites who have disproved compulsion and authorization and clung to the intermediate position. They have refuted compulsion and authorization. Their Islamic books are full of proofs of that. Ima`m al-Rida`, peace be on him, has said: "Allah, the Great and Almighty, does not punish the innocent because of the crime of the criminal, and He does not torment the children because of the sins of the parents, for He said:
And no bearer of burden shall bear the burden of another.1 And that man shall have nothing but what he strives for.2 And Allah forgives and does not wrong."
Divine Justice requires that every person is responsible for his own sins, and none other than him is responsible for them, hence Allah does not punish the innocent out of the sins of the sinner. However, the enemies of Allah decided the opposite of that, for example, Ziya`d b. Abï~h, the sinful criminal, has said: "I punish the innocent due to the guilty, and I punish because of doubt and accusation." Islam renounces this reckless policy because it belongs to its enemies and opponents.
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1. Qur'an 6, 168.
2. Ibid., 53, 40.
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Another example of Allah's justice is that He does not torture the children because of their parents' sins, for He says: "And no bearer of burden shall bear the burden of another. And that man shall have nothing but what he strives for." This is the utmost justice.
He (Ima`m al-Rida`), peace be on him, has said: "Allah does not impose upon the creatures the obedience to him whom He knows that he will wrong (the creatures) and lead them astray; nor does He chooses (such a person) for (delivering) His message; nor does He choose from among His creatures him whom He knows that he will disbelieve (in Him) and serve Satan apart from Him."
Surely Allah, the Most High, seeks pure justice for His creatures and summons them to rebel against wrongdoers and dictatorial rulers. Besides He, the Exalted, chooses for delivering His message and putting right His creatures those who have perfection and excellence of which is that they do not disbelieve in Allah; nor do they worship the stoned Satan.
He, peace be on him, has said: "And Islam is (something) other than faith; every believer is a Muslim, but not every Muslim is a believer. The believer does not steal; nor does he drink wine; nor does he kill the soul which Allah has forbidden without any right. As for asha`b al-Hudu`d , they are neither believers nor unbelievers. Allah will not make a believer enter the Fire, for He had promised him the Garden and immortality therein. He for whom the Fire is obligatory because of hypocrisy, transgression, or a big sin will not resurrected with the believers; nor will he be one of them, and the Hell-Fire will encompass none except the unbelievers. He who enters the Fire because of clinging to sin, associating something with (Allah), disbelieving in Him, showing hypocrisy, and committing a big sin is a sinner. And intercession is permissible for those who seek it."
Islam is wider in circle and more comprehensive in subject than belief. He who professes the two testimonies (i.e. I witness that there
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1. Ashab al-Hudud are those who are punished dor committing a certain crime.
2. This means thay they are Muslims,but they are neither believers no unbelievers, in this manner it has been mentioned the book al-Uyun.
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is no god but Allah and that Mohammed is His Messenger) is a Muslim, his blood is spared, his property and his honor are safeguarded; whether he is a believer or a sinner. As for belief, it is a talent which prevents man from committing sins and crimes, and prevents him from opposing Allah, the Most High. Allah, the Exalted, has prepared for believers provisions and honorable position in the Abode of Immortality. He will make them dwell wherever He desires of the Garden. As for the position of him who commits great sins, it will be in the Hellfire, which is an evil fate.
He, peace be on him, has said: "And al-amr bi al-ma'ruf (directing others towards good) and nay 'an al-munkar (directing others away from evil) is obligatory by the virtue of the tongue."
The Imam, peace be on him, has mentioned al-amr bi al-ma'ru`f and al-nay 'an al-munkar which are two pillars of Islam, and lead to establishing noble society dominated by human customs. It is incumbent upon every Muslim to carry out his duty toward his religion and his country, so he/she should order others to do good and forbid them from doing evil. In their treatises the jurists have mentioned the pre-conditions of this religious duty.
He, peace be on him, has said: "And belief is performing the religious duties and refraining from the unlawful; and belief is knowledge with the heart, profession by the means of the tongue, and action through the limbs."
The Ima`m, peace be on him, has defined belief as performing the religious duties imposed by Allah and refraining from the things made unlawful by Him. He has also said that belief penetrates the depths of the heart and inner selves.
He, peace be on him, has said: "And al-takkbïr (i.e. exclaiming 'Allah is Great!') in ('Id) al-Addha is after ten prayers starting from the noon prayer on the Day of Immolation (al-Nahr), and in ('Id) al-Fitr there are five prayers after the evening prayers on the night of ('Id) al-Fitr."
It is strongly recommended that one should exclaim 'Allahuakbar' in ('Id) al-Addha` after ten prayers, also it is recommended that one should exclaim 'Allahuakbar' on the night of
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('Id) al-Fitr after the evening prayer and after four prayers. It is also recommended that one should recite the supplications transmitted from the Ima`ms of guidance, peace be on them.
He, peace be on him, has said: "And the woman in childbed (nifsa') sits (i.e. refrain from praying) for twenty days, not more than it. If she becomes pure before that, she performs the prayers; otherwise, to twenty days, and then she performs Ghusl, say the prayers, and performs the acts of the woman in the state of istihada."
More likely, this paragraph is forged; it is not part of the speech of the Imam, peace be on him, for the Imami jurists, who give religious opinions according to the traditions transmitted from the Imams of the ahl al-Bayt, peace be on them, have unanimously agreed that there is no limit to nifas light bleeding and the limit to nifas heavy bleeding is ten days from the time of childbirth. And if she sees blood after the ten days, she should not regard it as nifas bleeding, rather as istihada bleeding. The precepts for the woman in the state of nifas is like those for woman in the state of hayd; it is forbidden for her what is forbidden for the menstruating woman. In this connection there are important researches mentioned by the jurists.
He, peace be on him, has said: "He/she should believe in the chastisement in grave, Munkar, Nakïr, Resurrection after death, reckoning, the Balance, and the Straight Path."
It is incumbent on the Muslim to believe in the chastisement in grave if he has committed sins and crimes. It is also obligatory on him/her to believe that Munkar and Nakïr will question him, that he will be resurrected after death, that he will be reckoned because of his deeds, and that his deeds will be placed in the Balance. So he whose good deeds are heavier than his evil deeds enters the Garden; other wise he enters the Fire and punished according to his deeds, and your Lord wrongs none. Moreover he/she should believe that they will pass through the Straight Path. If their deeds are good, they will simply pass through it; otherwise, they will fall into the Fire.
He, peace be on him, has said: "And (he/she should) renounce the Ima`ms of error and their followers; they should support Allah's friends."
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Surely renouncing the Ima`ms of error and their followers, and supporting Allah's friends are of the important elements in Islamic religion, which condemns oppression, resists tyranny, and spreads justice among men.
He, peace be on him, has said: "Little and plentiful wine is forbidden. Every intoxicant is wine. Every thing whose muchness brings about intoxication, its littleness is unlawful. The compelled should not drink wine, for it kills him."
Wine is one of the blights which destroy health, for it leads to dangerous diseases as well as it corrupts ethics and demolishes noble ideals of which man boasts. Forbidding wine is among the most important Islamic legislation aiming at raising the level of man. As for the Ima`m, peace be on him, he has warned mankind against drinking wine whether little or plentiful, and that is because of the dangerous harms which result from it.
He, peace be on him, has said: "Beasts and birds with claws are forbidden; the spleen is forbidden, for it is blood; sheatfish, floating (dead) fish, eel, pipefish, scaleless fish, and gizzardless birds are forbidden."
Islam has forbidden meat of some animals, and that is because such meat has some corrupt things which bring about harms to general health. The Ima`m has mentioned some of these animals as follows:
1. Beasts of prey: It is forbidden to eat the flesh of beasts of prey, whether they are wild such as lions, wolves, and tigers or birds such as falcons, Egyptian vultures, and the like.
2. The spleen: It is forbidden to eat the spleen, for it is blood, as the Ima`m, peace be on him, says. Likewise, it is forbidden to eat the bladder of sacrifice, the placenta, the spinal cord, the glands, the vertebra of brain, and the like which the jurists have mentioned, for they bring about heavy harms.
3. Sheatfish: It is forbidden to eat sheatfish, which are water animals and which dogs do not eat. Likewise, it is forbidden to eat fish floating (dead) on water, eel, pipefish, and all scaleless fish.
4. Gizzardless birds: It is forbidden to eat the birds which have neither gizzard nor craw nor spurs on their feet. It is lawful to eat the birds whose flapping is more than their gliding.
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He, peace be on him, has said: "It permissible to eat the eggs whose tips are different; it is forbidden to eat the eggs whose tips are the same."
As for eggs, they are forbidden and lawful according to the birds which lay them. The Ima`m, peace be on him, has given a general rule for recognizing lawful and unlawful eggs: If the two tips of the egg are equal, then it is forbidden to eat it; if they are different, then it is permissible to eat it.
He, peace be on him, has said: "And (he/she should) refrain from great sins which are: killing the soul which Allah has forbidden, drinking wine, disobedience to parents, escaping from marching for war, swallowing the property of the orphans unjustly, eating what dies of itself and blood and flesh of swine and that over which any other (name) than (that of) Allah has been invoked without any necessity for it, swallowing down usury, ill-gotten property after evidence, game of hazard, diminishing measure and weight, despairing of Allah's mercy, feeling secure from Allah's plan, losing hope of Allah's mercy, helping the oppressive and relying on them, binding oath, withholding the rights without any pinch of poverty, vainglory, unbelief, extravagance, wastefulness, treason, concealing testimony, amusing things which turn (men) away from remembering Allah such as singing and playing on the strings, and persistence on minor sins. These are the fundamental doctrines of religion. Praise belongs to Allah, the Lord of the worlds; may Allah bless His Prophet and his family and greet them with a greeting.1 "
With this (paragraph) we will end this excellent letter, which contains some theological researches and basic, juristic matters.
