Fatwas from Leader's Office in Qom
Here some questions, asked via e-mail to the Leaders office in Qum and the answers
From: "Istiftaa" istiftaa@wilayah.org
Subject: About Yaum-ul-Quds (Day of Quds)
Date: 1387/05/30
Question:
1) Is it obligatory to participate in the Youm al-Quds demonstrations? If yes, is it wajib al kifaa'i or wajib al-'aini?
2) If someone has to travel in another country for participating in Youm al-Quds-demonstration, and has to break his wajib fast (of ramadan), what is the ruling for the fast of this day?
3) Is it obligatory to participate for someone, who has to travel into another city to take part in al-Quds-demonstration?
Answer: Bismihi Ta`ala
1) All believers are required to hold this ceremony as much glorious as possible through their active participation in this demonstration.
2) They have to make up for that missed fast later.
3) It is made clear in the answer above.
Subject: Medical Istifta'aat 1553
From: istiftaa@wilayah.org
Date: Mon, 8 May 2000
Question: Bismehi Ta'aala All praise is due to Allah, with salutations to His messenger Mohammad Mustapha and his ark of guidance, the Ahlul Bayt (AS). My deepest sorrows and condolances in this month of Moharram to you, our dear leader and descendent of that noble Imam (AS).
Guidance from your eminance is requested on the following medical issues:
A. During preganacy, a fetus lives in a fluid (amniotic fluid) which contains, among other things, its urine, which is excreted, swallowed again, excreted, etc. (The fetus does not eat food, but receives simple nutrients from the mother's digestion of food, via the blood stream, during this time.)
1. When the baby is born, is he paak [tahir, pure] or najis [ritually impure]?
2. Is the amniotic fluid paak [tahir, pure] or najis [ritually impure]? Can a person who is involved in the delivery or immediate care of a baby say his prayers if his clothes come in contact with that fluid?
3. If the baby urinates afterwards, is his urine paak [tahir, pure] or najis [ritually impure]?
B. Sometimes, the infant will pass a special, thick stool called meconium, while in the mother's uterus.
1. When the baby is born, if the amniotic fluid is mixed with this stool, is the mixture najis [ritually impure] or paak [tahir, pure]?
2. Is the meconium stool alone paak [tahir, pure] or najis [ritually impure]?
(Questions asked by Fadak Foundation)
Answer: Dear Brother, Salamun `alaykum wa Rahmatullahi wa Barakatuhu. With apologies for the delay, the answer is as follows: Bismihi Ta`ala
1) If the urine comes into contact with the fluid or the fetus inside the body of the mother, it does not make either of them mutanajjis. Therefore when the baby is born and it is covered with the fluid which contains the liquid to which the term urine is applicable, in such case it shall become >mutanajjis. Otherwise if the urine has already been transformed into another material inside the body (and is no longer considered to be urine upon coming out), then the baby shall not be considered as mutanajjis except if another najasah comes into contact with it upon being born, for example it comes out of the body covered with blood and blood covers it after coming out.
2) If the fluid which is excreted at the time of delivery is not considered to be urine and this term does not apply to it, then it is tahir (clean) except if another najasah like blood comes into contact with it.
3) Baby's urine is najis and the only exception is with respect to the clothes of the lady who takes care of the baby (that she may pray while having them on).
4) As has been mentioned if any najasah comes into contact with anything inside the body it does not cause it to become mutanajjis. After it is excreted with the fluid if it is still considered to be stool, i.e. it has not been transformed into another material then the fluid shall be >mutanajjis.
5) If the excretion of the fetus inside the body of mother is considered to be stool then it is najis but does not cause anyting to become mutanajjis if it comes into contact with it inside the body.
Wallahul`Alim.
With prayers for your success, wassalam.
Subject: Medical Istifta'aat: End of life issues 4032e
(Permissibility of withholding or withdrawing care from the terminally ill or ventilator-bound)
From: istiftaa@wilayah.org
Date: Tue, 23 Jan 2001
Question: Bismehi Ta'aala, After praise to Allah, the Wise, and His most gracious Messenger Muhammad Mustapha and his pure family, I give my greetings to the Leader of the Muslims, Seyyed Ali Khamene'i (may Allah prolong his life).
I seek guidance regarding some medical issues surrounding end of life care:
Occasionally, a patient is deemed to have an illness that is not curable by current medical practices. Sometimes, a patient has suffered such significant damage to the brain or other organs, say, from a severe care accident or drowning, that he could not live on his own.
Let us say that a patient has terminal illness, or is severely brain damaged, is no longer conscious, is on a ventilator to breathe, is dependent on food through a tube to keep from starving, and may need antibiotics periodically for infections.
Is a distinction in Islam made between withholding care and withdrawing it IF IT IS DEEMED FUTILE CARE? For example, a patient on a ventilator will need to have food given through a tube to keep from starving. Withholding care would be to not begin to feed the patient knowing that they cannot be cured or their suffering alleviated. Withdrawing care would be to stop feeding them after you had begun it because, say, you were not certain if it would help them or not, and now you have determined that it will not.
Is either of these actions considered as euthanasia or murder? Is either one of them permissible in Islam under any circumstances? Finally, if the patient in concern is a child, may the guardian agree to stop treatments or prevent them from starting in the first place?
Answer: Bismihi Ta`ala. It is obligatory to save the life of another Muslim even if it depends upon preparing or using equipment such as ventilators, etc. or feeding and giving that person medicine - this is regardless of the fact that these things may only delay his death. Moreover, once beginning the treatment for this Muslim (i.e. using medical equipment or administering medicine, etc.), if stopping or withholding the treatment is a factor leading to his death then it is considered murder, which is prohibited by law. Hence, it is not allowed to withhold or stop treatment until it is certain that that Muslim's life has expired or that one is certain that stopping treatment will not result in the death of that Muslim. Thus, it is mandatory, based upon the obligation of saving another Muslim's life not to withhold the treatment even if the sick person himself or his guardian gave the permission to do so, because it is prohibited, since it is murder. Wallahul`Alim.
From: istiftaa@wilayah.org
Subject: Re: Clothing and dress while living in the West 1606
Date: Sun, 23 Apr 2000
Dear Brother, Salamun `alaykum wa Rahmatullahi wa Barakatuhu. With apologies for the delay, the answer is as follows: Bismihi Ta`ala
Your eminence has stated that it is not permissible to wear the clothing of the aggressors, or propagate their cultural attack against the Muslims. You have also clarified the issue in stating that for Muslims born and who live in the West, it is permissible to wear Western clothing as long as it also doesn't actively promote cultural aggression against the Muslims. (These questions have been asked relating some other fatwas about western clothes, see: 29 Questions)
Question 1: If Muslims from several different nationalities meet for a religious gathering, what is the most appropriate way for them to dress: according to the oref of each person's country and people, or according to the oref of the Muslims of their host country? If it is not a religious gathering, does that change how they dress when they meet each other?
Answer 1) He has the choice of doing either one, rather he may wear any kind of clothes [with the condition that he preserves the mentioned condition] and does not cause mafsadah like wearing women clothes or clothes which attract attention.
Question 2: What is the best way for our Iranian women to observe hejab in the West? Some wear manteau and rusari, and some only rusari (with loose-fitting clothes). Is it obligatory for them to at least wear manteau and rusari or even chador to establish their Iranian-Islamic identity, or is any clothing which meets the criteria of modest dress sufficient?
Answer 2) Any dress covers her body and does not show its beauties, although it is preferred to wear the chador.
Question 3: Some American converts to Islam dress in a manner which they consider to be in the sunnat of hazrat Mohammad and the Imams of his household (AS): turban (ammameh), or, prayer hat (shab-kolah), cloak (aba), and baggy pants (shalvar kordi). This draws a lot of attention to them from both Muslims and non-Muslims, and sometimes prevents them from finding gainful employment. What is the ruling on this type of dress? How should we advice them?
Answer 3) Wearing shalvar is not from the sunnah. Yet, wearing (ammamah)is mustahab, but if it causes some mafsadah (like you mentioned) then there is no harm if not wearing it.
Wallahul`Alim. With prayers for your success, wassalam.
From: istiftaa@wilayah.org
Subject: Wishing death on the enemies
Date: Tue, 5 Sep 2000
Question: Bismehi Ta'aala
All praise is due to Allah, who guided us with the babul ershad and the safinatun nejaat. May Allah prolong the life of our beloved leader, Seyyed> Ali Khamene'i.
I wish to pose a follow-up question to the answer regarding la'n and cursing on the enemies of the Ahlul Bayt (AS).
1. What is the status of wishing death (marg, mowt) on the political enemies of the Muslims, Israel and American in particular? Is this considered a form of insult (towheen), cursing (la'n), or something else? This has hurt the feelings of many Americans, despite the clarification that it is aimed at the government. Furthermore, it has harmed the reputation of the committed Muslims living abroad and has been a stumbling block to dialogue.
2. What is the status of wishing death on the Muslims who are against the current concept and application of velayat-e faqih, as is sometimes done after group prayers (namaz-e jama'at)?
The original question (#2873e) was: 1. What is the ruling on cursing (la'n) the enemies of the Ma'sumeen? Is this a sunna of our beloved Prophet (S) and Imams (AS)? (Answer was: Bismihi Ta`ala 1) It is prohibited to insult their enemies, however cursing (their enemies and Allah's) has been mentioned many times in the Qur'an. With prayers for your success)
Answer:: Bismihi Ta`ala, The expression "Death to America / Israel" is a kind of supplication or invocation against them to die and be eradicated, and is not swearing or insulting. The death of a tyrant is far better and desired than his being alive and here you will find this meaning in this part of a supplication. "Oh God grant me a life with excessive goodness, and death to comfort me from all evilness." Oppressors are theives that block the way between mankind and their Creator, in order to take them away from their Lord, therefore they are tyrants for them. Wallahul`Alim.
With prayers for your success, wassalam.
From: istiftaa@wilayah.org
Subject: Musical Education
Date: Sunday, August 27, 2000
Bismehi Ta'aala
Alhamdolilah, al-Hakim, Al-Qudus. Salavaat on His final messenger Mohammad Mustapha (S) and the Ma'sumeen of his etrat (AS). May Allah protect our beloved leader, Seyyed Ali Khamene'i, and prolong his success. With Salaams to Hazrat Ayatollah Seyyed Khamene'i, and seeking guidance:
Question 1. What is the permissibility of teaching music to one's child, for example, tar, setar, ney, or keyboard?
Answer 1): Bismihi Ta`ala
1) It is not permissible to teach beguiling music which is suitable for trifling and immoral gatherings, and thus if the music is not of this category there is no problem.
Question 2: Is it permissible if the music is not that listened to by the ahlul ghina wa fesad?
Answer 2) The criterion for composing and/or listening to music is that the music should not be suitable for trifling and immoral gatherings.
Question 3: In a prior fatwa, your eminence has said that it is not permissible to teach music during the time of schooling. What age is that?
Answer 3) The promotion of music in schools is contrary to the goals and teachings of Islam, regardless of age and level (of study).
Wallahul`Alim.
Earlier fatwas about this case
From: "Istiftaa" istiftaa@wilayah.org
Subject: Re: Questions about beer and non-alcoholic beer. 3258e
Date: Tue, 7 Nov 2000
Question 1 : Dear brothers and sisters in Islam, as-salamu-alaikum. May Allah bless you for your very valuable work and please send our greetings to our Imam Khamene'i in the hope that he will make one day shafa'a for us. We seek guidance regarding the issue of the state of purity and permissibility of alcohol produced by fermentation (i.e. beer). In Adjwiwat-ulistiftaat, Vol. 1, Question 318, your eminence states, " . .. all the various kinds of alcohol which are intoxicating and originally in the liquid form are najis." We do not know how this may apply to beer. Beer is made by fermentation, whereby bacteria consume a solid product (a grain, such as barely, wheat, etc.) and through an organic process, ethyl alcohol is produced as a by-product. Therefor we have following questions: 1) Is (alcoholic) beer itself najis?
Answer 1: Dear Brother, Salamun `alaykum wa Rahmatullahi wa Barakatuhu. With apologies for the delay, the answer is as follows: Bismihi Ta`ala 1) Beer (alcoholic) is impure (najis).
Question 2: If (alcoholic) beer is najis, does the water become tahir, if the alcohol is separated from it with a simple membrane process, i.e. without chemical change (istihaleh). Is it permited to drink this form of non-alcoholic beer if it is not an intoxicant, although it will still contain a small percentage of alcohol (<1%)? Answer 2: It is forbidden (haram) to drink it. Question 3: If alcoholic beer is not najis, is it permitted to drink it, granted that it is not intoxicating? Answer 3: It was previously stated that to drink alcoholic beer is absolutely forbidden. Question 4: What is the criterion for a drink to be considered intoxicating: the percentage of alcohol it contains, or its ability to make intoxicated at any amount great or small? If it is based on the second criterion, does it depend on the amount needed for the particular individual so that if they require a lot of it to become intoxicated then a small amount would be permissible, or does the general possibility of intoxication suffice for all? Answer 4: It is forbidden (haram) to consume any type of intoxicant, whether it is a solid or liquid. And that substance which intoxicates when a little is consumed, then consuming a little or a lot of that substance is prohibited. If it can be assumed that the substance does not intoxicate some people or it does not cause them to become addicted, this does not remove the prohibition. Question 5: If alcoholic beer itself is not najis, and a person is sure, that consuming one serving will have no effect on him, is he then permitted to drink it? your brothers and sisters from.... Answer 5: It was previously stated that drinking alcoholic beer it is absolutely forbidden. Wallahul`Alim. With prayers for your success, wassalam. From: "Istiftaa"
Subject: Question about Loans for Medical School 3311e = 3342e
Date: Sat, 11 Nov 2000
Question: I have been born and raised in America and am currently applying to medical school in America. But, medical school is VERY EXPENSIVE. For one year, it costs about 25,000 dollars. In four years, it will be 100,000 dollars. I do not have enough money to pay for this education. So I will have to take loans. These loans will be interest free while I am in medical school. But after four years, the loans will accrue (or start asking for) interest. Is it jaiz to be taking these type of loans? If I do not take these loans I will not be able to go medical school and obtain a medical education.
Answer: Bismihi Ta`ala. Interest bearing loans are prohibited by Islamic law however correct they may be by protocol. Meaning that the beneficiary (you) will possess and have ownership of the money however in order to avoid committing an unlawful (haram) act you should make intentions no to pay the interest even if you know that the interest will be taken from you. Wallahul`Alim
Additional Question:: So according to your answer, we may take out the interest bearing loans with the intention that we will not pay the interest. But because the banks etc. will demand interest, we can pay them interest knowing that Islamically you should not pay the interest and knowing that if you do not pay the interest they will put you in jail or take away your other financial assets etc etc? am i correct?
Answer: Bismihi Ta`ala, Yes, if you make intentions not to pay the interest then you have not committed any sin even if you pay the interest (out of compulsion). Wallahul`Alim.
From: istiftaa@wilayah.org
Subject: Traveling and Mustahab Fasting during Traveling 3128e 3220e = 3312e
Date: Sat, 11 Nov 2000
Question:: Firstly, I am a student at a university which is located about 60 miles away from my home. I live in an apartment next to the school. However, I return home every weekend and therefore do not stay in the university town for more than five days/week. Is this considered traveling? Must I pray qasr prayer? Can I do wajib fasts in my university town? Also, can I do mustahab fasts within the university town even though I have not completed my obligatory/wajib fasts? jazakamullah khair, May Allah (SWT) extend your life.
Answer: Bismihi Ta`ala, 1) This is considered as traveling, thus your duty is to pray qasr and (while traveling back and forth from your university to your home) fasting is not correct. 2) Recommended (mustahabb) fast are not correct if done while obligatory fasts such as qada are pending.
1st additional Question:: I am still confused about your answer. I will restate my question. I go to university and stay there from Monday-Friday. I come home on Saturdays and Sundays to my parent's house. Do I pray qasr at the university or do I pray qasr at my parents home??? Which place should i consider my watan?? Can i consider both places as my watan and then pray full?? If I prayed full prayers in the past and should have prayed qasr, do I need to make up the prayers? If I prayed qasr prayers in the past and should have prayed full prayers, must I make up those prayers?
Answer: Bismihi Ta`ala, 1) Your travels to the university (on the way and in the university itself) necessitate that you shorten your prayers (qasr) because it is not a trip you take in order to work. So, unless you choose the city that the university is in as your second home (watan) by making the intention to remain there after you finish your studies in the university, you must shorten your prayers. 2) Concerning your parents house - if it is your original home (watan), meaning that you were born and raised in that house, or their home is your second home (watan) meaning that you intend to live there forever, then you must pray your prayers there in full; otherwise (i.e. if you were not born and raised there or if it is not your second home) you must shorten your prayers (qasr). 3) In cases where you did not pray according to that which was obligatory upon you (i.e. prayed qasr when it should have been full or vice versa) you must make up the prayers (qadha) without exceptions. Wallahul`Alim.
2nd Additional Question:: Thank you for the response. I also want to mention that I travel to the university that is far from my home almost every week out of the year. I have an apartment at the university in which I stay from Monday - Friday. I return home for Saturday and Sunday. Is this not considered kathir al safar?? Do I still have to pray Qasr there? Also, from my home to the university are many cities, houses, and buildings that are connected. The distance between my home and the university is one hour and a half by car or 55 miles. Is it still considered travelling and must I pray qasr?? Also, I followed your ruling below for four years (and prayed qasr for four years) at my university because I read the Q & A risalah from Ayatullah Khamanei about this. Do I need to repeat these prayers if I now find out that Ayatullah Khamanei's ruling has changed that if the cities are connected then it is not considered travelling?? I had heard this ruling that all the cities are connected is a new ruling. (Comment of Imaminfo: there has been no change in fatwa, but the asking person thought so).
Answer: Bismihi Ta`ala, If the cities are connected in such a manner that according to common convention (`urf) they can be considered to be one city, then passing in between those cities is not considered traveling. On the other hand, if those cities are not considered to be one city (by common convention), the passing between them is considered traveling; thus, if one passed the legal distance (for shortening the prayer) it is obligatory upon him to pray qasr on the way to and from the university and while in the university. Hence, if you have prayed contrary to the mentioned rule you must make up those prayers (qada). Wallahul`Alim.
From: istiftaa@wilayah.org
Subject: Traveling between non-vatan residance and work 13778e
Date: 22 Feb 2003
Question:: Our todays question is about the answer 654 in Vol.2 istiftaat. The mentioned question ist about a person, who travels from his homeland (vatan) to a far away office. How is the situation for a person, who has no vatan, or does not live at his vatan? If his jobs situation is so, that he never can make "niyyat" for ten days, neither at the jobs place nor at his temporarily home, what has he to do according prayer and feasting. It has to be mentioned, that his job is not driving or something similar. In regular he stays 5-15 days at home, working there for his engineering job, and than he has to went to the main office (far away), but the problem is, that it never is clear before, when he has to go there, and he is not living at his vatan. What can he do for praying and feasting?
Answer: Bismihi Ta`ala, If he travels from his place of residency to the work place at least once every 10 days, he should pray tamaam (normal full) prayer and fast. But, if he stays for 10 days in a single place, then he would pray qasr (half prayer) only in the first work travel after the said staying.
From: istiftaa@wilayah.org
Subject: Question about Al-Khorrosani 569=625
Date: Thu, 20 Jan 2000
Question: If a muslim recognizes more and more clear signs of the awaited Imam Mahdis supporter named "al-khorrosani" on a special person, is he than allowed to ask the office of the leader about these signs? And how ist the case, if theses signs are recognized on the leader himself? And what is the duty of the ulama, when they face such signs and see brothes asking about it? And is it the duty of a believer, if he gets more and more "yaqin" about special events, to inform the others too through the information chanels of that time? And is it true according > to the "hadeeth" that one of theses signs is a green scarf of a shahid? Thank you very much for your help. And eltemasi doa
Answer: Dear Brother, Salamun `alaykum wa Rahmatullahi wa Barakatuhu. With apologies for the delay, we pray that may Allah Almighty hasten the appearance of the Awaited Saviour, Imam Mahdi (AS). With prayers for your success, wassalam.
From: istiftaa@wilayah.org
To: Question about imamat of person who come to Islam born of illegitimate means
Date: Apr 2000
Question: One of our brothers who is born here in europe as the son of christian parents, has converted to islam (like many other europeans, alhamdulill.h). The marriage of his parents, according to their religious rules, took place after the parents observed the pregnancy of the mother. Both, father and mother have had the sincere intention and had sincerely promised each other to marry, long time before that. Anyhow the promise the intention to marry is, as far as we know, not equal to their religious marriage-ceremony. The birth of this son took place more than five months after their marriage.
Is this son generally allowed to be the imam of a common prayer?
If not, are there exceptions in this case, that enable him, for example, to pray as imam in front of his wife, his "mukallaf" children, or women in general, or other persons?
If someone is restricted not to pray as an imam in common prayers, does this affect other islamic fields, for example: educational branches, beeing a teacher in islam, or beeing the head of an islamic society or a member of an islamic "shura"?
After this question II have a wish, without taking much of Your time, please tell us: If You have some guidelines or "nasihat" for us, concerning the muslim youth in germany, their education and protection, here in this aggressive world, we would be very glad to receive it.
Answer: Dear Brother, Salamun `alaykum wa Rahmatullahi wa Barakatuhu. The answer is as follows:
Bismihi Ta`ala
1,2) If the pregnancy had been confirmed before the lawful marriage (according to their religion)
then the son is illigitemate. Hence his Imamat is absolutely invalid.
3) There is no objection to it.
You are the messengers of Islam to this country so do convey the message in its best way by being faithful Muslims and by your actions and behaviours. Study about Islam as much as you can and be ready to answer any question and to refute any false accusation about our beloved Islam and Allah bless all.
Wallahul`Alim.
With prayers for your success,
wassalam.
From: "Istiftaa" istiftaa@wilayah.org
Subject: Question about prayer (position of waiting) 3985e
Date: Tue, 9 Jan 2001
Question:: We have one question about praying together with an Imam. When someone attends the prayer of an imam with one raka' delay so that the Imam is in taschahhud while the "mamum" is in his first "raka" and therefor has to stand up, but he cannot, because the imam still sits, in this situation the "mamum" goes into a special "waiting for stand up" position. During our trips through Iran we have seen lots of different "positions" for this "wainting for stand up". Can you explain us which is the ideal form for this special position. Thank you very much in advance and peace be upon you.
Answer: The correct manner of this waiting position is to be half standing. This means that one's fingers and toes should be upon the ground, while at the same time maintaining the body in such a manner that the knees do not touch the ground. Wallahul`Alim.
From: "Istiftaa" istiftaa@wilayah.org
Subject: Celebrating other people's holidays 4033e
Date: Sun, 21 Jan 2001
Question: Bismehi Ta'aala Alhamdolillah, there are many people in the West converting to Islam these days. An issue that comes up frequently is regarding the permissibility of celebrating holidays previously observed prior to their conversion. Often times, their families who remain non-Muslim reject them and these holidays are the only way in which they can maintain contact with their family. Or, their children may are may not have converted, or ask their parents to celebrate these holidays as a matter of conformity to the popular culture in the West. Please tell us of the permissibility of observing the following holidays by Muslims:
1. CHRISTMASS: this is the day used to observe the birthday of hazrat Issa al-Massih (Jesus Christ). Within the general culture, it has a more commercial and secular message of sharing and helping the poor than its religious connotation of trinity and partners with Allah. It is also to note the day it is observed on and some of its rituals are based directly on the pagan Roman festival of the Sun God. Is it permissible for a Muslim to: a. Wish the Christians well and give them a greeting card? b. Observe the NON-religious activities such as placing a small tree in ones house with lights and decorations? c. Attend Church with a Christian as an act of da'wah or out of curiosity?
2. HALLOWEEN: This is a festival in which children dress in costume, and stop by people's houses asking for candy. Its origin lies in ancient pagan English customs regarding evil spirits and demons. The Catholic Church converted it into a holiday for the souls of the dead Christians. Currently it doesn't have a religious connotation. However, the images of black magic, witches, spirits and death are still present. Is it permissible for a Muslims to: a. Give candy to children who come to their house on this day? b. Decorate one's house according to the customs of the people? c. Dress their children in costumes and take them around to receive candy?
3. VALENTINE'S DAY: This is festival that honors love between two people. There is no religious or pagan origin to this festival. People exchange cards, candy, flowers, and other gifts with important people in their lives. a. Is it permissible for a Muslim to celebrate this holiday if it involves their spouse or other mahram people?
Answer: Bismihi Ta`ala 1) a. There is no objection in sending them greeting cards upon the advent of this occasion. Yet, it should be done in such a fashion that you encourage them to adhere to the true teachings of the Prophet Jesus (a.s.) by helping and supporting those in need, living a righteous life, etc. b. There is no objection in celebrating the birthday of the Prophet Jesus (a.s.). But putting up and decorating a Christmas tree would promote a fallacious ideology and result in imitating their culture. c. There is no objection to that in itself as long as it does not lead to corruption. 2) If engaging in this practice results in promoting erroneous thinking (e.g. superstition) in the furthering of corruption or in the strengthening and spreading of their culture, whereby it would become desirable to adopt their culture such activity would not be permissible. 3) In general, there is no objection in participating in the mentioned celebration as long as the rules and regulations of the Islamic law are observed and the celebration does not entail any type of corruption. Wallahul`Alim.
From: "Istiftaa" istiftaa@wilayah.org
Subject: Shar'i age of jihad 5717e
Date: Mon, 16 Apr 2001
Question: There are some people in the West who are working to ban the use of combatants under the age of 18 years around the world, considering it child labor, child abuse, and a war crime. What is the your opinion regarding the minimum age at which a Muslim may go for jihad? Is there a different age for defensive versus offensive jihad (during the time of Hazrat Baqiatollah, may Allah hasten his appearance)? Could you please make reference to some historical events or sayings of his emminence, the Prophet Mohammad, Imams Ali, Hassan, or Hossein to clarify the issue and bring clarity to our hearts?
Answer: Jihad is not obligatory upon someone who has not yet reached puberty (bulugh) or upon someone who is unable to fight; and there is no difference in this between offensive or defensive war. All jurists are agreed upon this issue in their rulings. Moreover, the lives of the Imams (Peace be upon them) verify and authenticate this ruling - you can refer to history books on this topic.
From: "Istiftaa" istiftaa@wilayah.org
Subject: Eating at Muslim restaurants 6631e
Date: Mon, 30 Jul 2000
Question: In the West, there are Muslims restaurant owners who state that their some or all of their meat is halal, but also serve alcohol.
1. Is it permissible to eat the meat there and take their word, or should one doubt it because they serve alcohol?
2. If one should doubt their word, is it permissible to eat there but order a non-meat containing dish? Or should one avoid their restaurant all together as an act of nahy an al-munkar?
3. If the only other restaurants in town or owned by ahlul ketab and also serve alcohol, is it morally equivalent to eat at either the Muslim's or non-Muslim's restaurant?
Answer: 1&2) Simply serving alcohol is not a reason to assume that they are lying or that the meat they sell is haram. So if the owners are Muslims and you are confident in their word, you can use such meat. Of course, if alcoholic drinks are served there, precaution should be considered in attending such places but you can prepare the food there and eat it in some other place.
3) If it is not necessary to eat there, precaution should be considered and avoid both. Wallahul`Alim.
From: "Istiftaa" istiftaa@wilayah.org
Subject: Latinizing names from the Quran 6874e
Date: Mon, 16 Aug 2001
Question: To the office of his emminence Ayatollah Khamene'i:
Is it permissible for Muslims living in the West to Latinize Muslim names when naming their children?
Some examples:
Arabic
Musa
Yusef
'Ozayr
Maryam
Dawood English
Moses
Joseph
Ezra
Mary
David
Answer: There is no legitimate reason for this mentioned act.
From: "Istiftaa" istiftaa@wilayah.org
Subject: Regarding marital status of those who have converted to Islam while their spouse has not 7625e
Date:
Question: Dear brothers and sisters in Islam, dear Ulama in the office of His Eminence, as-salamu-alaikum. May Allah bless you for your valuable work and save our beloved Imam Khamene'i until the return of the 12th Imam. We have the great hope that he, ensha' Allah will announce the awaited return soon.
Our question today is with regard to a problematic situation, which several new Muslim sisters in Germany (and the West in general) have to pass. Often, a Christian woman, who was married to a Christian man (by an official church ceremony), later, decides to accept Islam and become a Muslima. Unfortunately in some cases, while the wife has converted, the husband does not. What is the ruling on the validity of their marriage? What shall the woman do in this case? Is it permissible for her to remain with her husband, if he does not object to her conversion to Islam (but still doesn't convert)? How should she behave towards her husband? What has to be done if there were children? We would be thankful if you could give us some detailed explanations about this difficult situation! May Allah bless you for your valuable work.
Answer: In the given question, if her conversion to Islam was before sexual intercourse, the marriage would be void at once. While if after sexual intercourse, then the marriage would be void after the end of the waiting period (`iddah) during which the husband and wife in this period should have been separated. In this case, if the husband, during this period, converted to Islam, the marriage will continue again i.e. they could return to each other. Wallahul`Alim (Allah knows best). With prayers for your success, wassalam (and peace unto you).
From: "Istiftaa" istiftaa@wilayah.org
Subject: Regarding end of praying full after work-journey 8001e
Date: Sun, 2 Dec 2001
Question: What are the criteria that mark the end of a permanent travel? In question 652 (Ajwibaat-ul-Istiftaat, Vol.1) it is explained that permanent travel is that in which every 10 days one travels due to his profession.
Our particular questions is regarding the issue of "permanent travel" are as follows: 1. Does it end:
a. When a person knows that the next 10 days he will not have a further trip
b. When he has no business trip for ten days
c. When he has no business trip for 30 days?
2. What about personl travel during that period? Let us say that a person fulfils the criteria of permanent travel due to his profession. Now, he comes home for only a few days and during these days he makes a personal trip. Does he have to pray full or qasr (shortened) prayers?
Answer: Bismihi Ta`ala
The ruling of praying full (tamam) prayer would cease to apply during the first work-related travel after one had stayed in one place for 10 days. Then, he should pray tamam in the 2nd work travel, 3rd, etc. as long as he does not stay 10 days in a single place.
In a non-work journey one should pray qasr. However, in his homeland (watan) he should pray tamam.
From: "Istiftaa" istiftaa@wilayah.org
Subject: Special medical problems 8186e
Date: Sun, 2 Dec 2001
Question: There is a severely retarded child, 17 years old. He has a recurring problem with brain fluid building up in his head which will kill him if it is not drained off. Many drains have been put in, but they stop working after a while. There is only one more type of operation they can do to drain the fluid: by connecting a small tube from the brain to drain into the heart. The operation is very safe, and it could work for years, but, if it becomes infected, he might die. If he doesn't have the operation, he will die in a few days to a few weeks. This boy cannot speak or walk or talk. He can show emotions like happiness and anger and can drink from a cup and eat food.
His father has asked me, as his physician, on:
1. The permissibility of NOT performing any more surgeries and letting him die a natural, gradual death.
2. Can the (poor) quality of life he has now be a factor in the decision, or, is all life considered sacred?
Currently, he has a temporary drain that takes the fluid outside his head to a bag rather than one that drains the brain fluid into his abdomen.
3. If your answer is that it is permissible to NOT do the repeat surgery, is it permissible to remove the temporary drain, or must that stay in? Would it be considered killing a soul (qatl al-nafs) to remove the temporary drain, knowing that eventually, but, not immediately, he would die?
Answer: Bismihi Ta`ala
1) It is impermissible not to perform the operation.
2) As long as he is alive, it is obligatory to preserve his life.
3) In the given question, it is impermissible to remove the temporary drain.
From: "Istiftaa" istiftaa@wilayah.org
Subject: About Vaccination 8762e
Date: Wed, 13 Feb 2002
Question: Your eminence has stated in a previous fatwa that it is obligatory for the father to seek treatment for his child if the child is ill. I seek your guidance and clarification regarding the following:
1. Is it obligatory for the guardian of a child to seek means to prevent illness? For example, physicians recomeend regular visits to a physician prior to any clear illness to detect anemia, cancer, growth problems, or delayed neurologic and intellectual development when it is subtle and early and possibly reversible.
2. There are some dedicated brothers in the North America who have stated that they do not wish to have their children vaccinated. They cite concerns over saftey and the quality of vaccine preparation. Furthermore, they state conspiratorial theories that Western governments are trying to spread AIDS, or, make the children of the developing world sterile and weak. Some persist in their feelings despite my pointing out the use of vaccines in all the major Islamic countries and role of the Islamic Republic in producing and disseminating quality vaccines. As a physician, I have stated that vaccinations save lives and any possible risks associated with them are less than the danger of the illnesses. It is the concensus of medical professionals that vaccinations are in general safe and prevent infectious diseases. I have also noted the principle of istislah in preventing mass outbreaks of illness. Can the guardian of a child still refuse to have their child vaccinated?
Answer: 1) If there is a probability of having a disease seeking the means to prevent it would be obligatory to the extent the disease can be prevented.
2) As long as the father is not certain that the vaccines contain the substances that would cease diseases which the father claims to be present, he is not allowed to refuse to have his child vaccinated.
From: "Istiftaa" istiftaa@wilayah.org
Subject: About how complete the Holy Qur'an is 7912e
Date:
Question: I have heard from some Shia Ulema and some other Shia Momineens that the Quran Shareef which we have got today is not complete and a hidden part of it is in the hand of Imam Mahdi (as) who will bring it back when he appears. Is it true that Umar (LA) and Usman (LA) burnt many ayahs of Quran and Imam Ali (as), seeing this, hides a part of it? It is hard for me to understand this, because Allah (swt) himself claims in Quran, that he is the protector of it and he alone will save it from altration. I hope to get an answer for this important question soon, if you dont mind, please give also an evidence of your answer.
Answer: Bismihi Ta`ala The present Qur'an in our hands will never be changed even in the time of Imam Zaman (aj.) reappearance (May my soul be a sacrificed to the sand under his feet).
From: "Istiftaa" istiftaa@wilayah.org
Subject: About obligatory prayers 8562e
Date:January 27, 2002
Question: Is it wajib to recite the Sure Al-Fatiha (in the wajib prayers, which are longer than 2 raka'ahs, like Zuhr, Asr, Maghrib and Isha) in the third and fourth raka'ah, or may one recite the Tasbihat-e-Arba (subhan allahi wal hamdulillahi wa la ilaha ilallahu wallahu akbar) instead of the Al-Fatiha?
Answer: The person has the choice.
From: "Istiftaa" istiftaa@wilayah.org
Subject: About Jama'ah prayers with Ahl-al-Tasannun 8562e
Date:January 27, 2002
Question: The most mosques in my country are belonging to our sunni brothers and sisters. Sometimes we go there to pray in Jama'ah with them. Sometimes I recognise, that the Imam who is leading the prayer, is reading it wrong. Mostly the Imam does not recite the 'Bismillah hir Rahman ir Raheem' before the surahs. The Imam also never recite it before the first Al-Fatiha in Namaaz. The whole namaaz is without any 'Basmallah'. Is the namaaz behind this Imam correct or may one recite his own namaaz and avoid praying behind such Imams?
Answer: What is mentioned in the question would not harm the correctness of praying behind them in congregation (jama`ah.
From: "Istiftaa" istiftaa@wilayah.org
Subject: About Temporary Marriage (mutah) 8441e
Date:January 14, 2002
Question: How does a person perform the temporary marriage (muttah)? When is this type of marriage legal and who has the right to do it? Is it necessery to ask the father of the bride for permission? Thank you for reading my questions and also thank you for your answer, insha Allah, may Allah grant you a long life and may (insha Allah) Imam Mahdi (as) come soon to us.
Answer: 1&2) Temporary marriage like permanent marriage, requires a marriage contract. Moreover there is no difference between permanent marriage and temporary marriage except in some aspects of the law, such as there is no divorce in temporary marriage - it terminates with the expiration of the time period. Likewise, neither spouse in a temporary marriage inherits from the other. The temporary marriage contract is as follows: The woman says: " I marry myself to you for the specified dowry (mention the amount) and for the specified time period (mention the time period)". Then the man says: "I accept".
3) According to obligatory precaution, for the marriage of a virgin girl it is a condition to obtain her guardian’s (father or paternal grandfather) permission.
From: "Istiftaa" istiftaa@wilayah.org
Subject: About Saying this word isti`adhah 8653e
Date: Wed, 13 Feb 2002
Question: According to the rulings we have learned it is obligatory to start reading verses of Holy Qur'an with sayin "auzubillahi-min-ashaytanir-rajim". Is this rule also valid for the ritual paryer (salat, namaz)? And if yes, when do we have to say "auzubillahi-min-ashaytanir-rajim", before takbir-at-ul-ihram or after sayin "allahu-akbar" but befor starting reading Fatiha?
Answer: Saying this word (isti`adhah) is not obligatory before the recitation of the holy Qur’an but recommended (mustahabb) and it is also mustahabb to say it after the takbirat al-ihram (i.e. saying Allahu Akbar) and before the recitation of surah al-Fatihah.
From: "Istiftaa" istiftaa@wilayah.org
Subject: Buying products 8822
Date: 27 Feb 2002
Question: 1) Is it permissible to buy products from the United States of America or american products?
2) Is it permissible to buy goods from companies that allocate parts of their profits to support USA or support USA?
3) Is it permissible to buy goods from companies that spread immorality (unislamic atmosphere) and support immorality (unislamic atmosphere)?
Answer: 1&2) Any transaction with a company which ist profit is for helping the enemies of Islam and Muslims or for supporting the Zionism regime is not permissible.
3) If buying goods from these companies would support them and assist them in spreading corruption and immorality, it is impermissible.
From: "Istiftaa" istiftaa@wilayah.org
Subject: Civil divorce without Islamic divorce 9276e
Date: 6 Apr 2002
Question: Our question today, regarding divorce, is a difficult one for us. Unfortunately, some Muslim men while living in non-Muslim countries are misusing the act of divorce. In Germany, several Muslim men have married native converts to Islam by both Islamic and cival formulas (to comply with local laws). After a while, the man decides to divorce his wife for a variety of reasons, sometimes to marry a second wife. He divorces her according to local laws so as not to practice polygamy according to secular regulations, but refuses to invoke an Islamic divorce by shar’i (Islamically legal) means. Thus, he does not free his first wife from the obligations of their marriage.
German law recognizes divorce as final if the couple lives apart for one year or more and can document their separation. In such a case, the couple would be divorced in the eyes of the local laws but still be married under Islamic law.
It is nearly impossible to find a faqih in Germany who may advocate on behalf of the woman and divorce her from her husband so that she may remarry under Islamic law.
In the absence of a faqih, can the civil divorce be considered sufficient for an Islamic divorce as well? What is the way to solve this problem? May Allah reward you with manifold spiritual rewards (thawaab) for your efforts.
Answer: Those women should refer their problem to the Supreme Muslim authority (hakim al-shar’) to solve it. Unless divorce is done according to the accepted (Islamic) formula (sighah), under shar’i (legal) conditions, it would not be correct. (ed. In other words, a secular divorce does not obviate the need for an Islamic divorce).
Wa Allahu ‘Alim (and Allah is the Knowing), with prayers for you success, Wa salaam (and peace unto you).
From: "Istiftaa" istiftaa@wilayah.org
Subject: About calling "Imam" 9649e
Date: 29 Apr 2002
Question: 1) Is it for a muqallid permitted to call the vali-ul-amr with the title"imam" to train himself for the return of the pure Imam (bay he return soon) and to attach himself to this vali-ul-amr as much as possibel also in respect and love or does he need the special permission of the vali-ul-amr for using this title?
2) If one sees, that the true representnative of the prophetes house (ahl-ul-bait) umong us is called by some individuals not with the respect he should have, as he calls him "agha" or "the ayatollah" and so on, is it permitted to remind them with best words, that this person is as holy that our toungue should use better words for him?
3) If umong more than 60 Million iranians there is no single one to translate every complete speech of true representative of the 12th Imam for the non-farsi speaking muslims into english and they always only were provided with inclomplete summaries, is it than the duty fo the others to learn farsi, because they even want to understand each breath of this great imam?
Answer: 1) There is no objection in calling wali al-amr (the Leader of Muslims) with such a name since he is the Imam of the `ummah (the Islamic nation) and there is no need for permission.
2) There is no objection in calling him with the mentioned calling names as well.
3) If the recognition of the shar`i (Islamically legal) duty of the mukallaf (the obligee) would depend on such an act, it would become a sparing obligation (wajib kifa'i) (i.e. if it would be performed by one or some of the individuals, it would cease to be obligatory upon the others.
From: "Istiftaa" istiftaa@wilayah.org
Subject: Regarding Cats 13550e
Date: 29 Apr 2002
Question: What is the ruling on cats in Islam? 1. What do the narrations say about the Prophet of Islam, Mohammad Mustapha (S) and his opinion and interaction with them? 2. Is it permissible to keep them in one's home? Is it recommended as it is for certain types of birds, or, simply permissible? 3. Is it permissible to pray with cat hair on one's clothes? What if a cat licks your hand? 4. Finally, if it is not permissible to pray with cat hair on the clothes, is it because the hair of any animal that cannot be eaten cannot be on the clothes when one prays (thus a general rule), or, is it specific to cats, while not making them najis al-'ayn. 5. When and to which animals does the principle apply that the parts of the body that have no soul are tahir (ritually clean) and to which parts of the animal does it refer?
Answer: Bismihi Ta`ala
1-4) There is no objection in keeping cats in one's house but it is impermissible to pray while cat's hair is on one's clothes or body. This ruling includes the hair of those Islamically inedible animals except those animals for which exception is mentioned in Islamic law. Saliva of cats is taahir (pure) but it is impermissible to pray with it.
5) This is mentioned in detail within the book of Practical Laws of Islam.
From: "Istiftaa" istiftaa@wilayah.org
Subject: About halal Fish 13981
Date: 8 Mar 2003
Question: Our today's question is about the definition for fish to be halal. What are the criteria for a fish, that it can be accepted as halal. Can you give us a complete definition. As we know one of the criteria is, that a fish should have fish scale. Therefor our questions in this regard:
Are there also other criteria as precondition, that a fish is halal for meal?
Is the precondition to have scale a scientific one or based on the opinion of people?
How many scale should a fish have, that it is accepted as halal?
Is it acceptable, that a fish has only scale on one body side but no one on the other side, as it is described for example for the fish called plaice We would be very happy, if you could enlighten us in this regard.
Answer: Bismihi Ta`ala
There is no other condition but to get it out of water alive i.e. to die outside the water.
The recognition of this matter is the responsibility of the mukallaf (person bound by religious obligations) even with referring to the expert people or to the `urf (common view).
There is no certain number for the scales. However, it should be said that it has scales according to `urf. It suffice that the fish is originally a caled one even if all its scales had disappeared later. Like a kind of fishes which rubs its body against every thing and its scales fall away and when one looks near its ears, he may see some of them.
The ruling is made clear in the above answer.
From: "Istiftaa" istiftaa@wilayah.org
Subject: Haram after Zina 14372e
Date: 8 Mar 2003
Question: I have heard from different muslims, that if a muslim man and a woman (no matter what religion she has) do zinna (have unmarried sexual intercourse), they become unlawful (haraam) for each other forever and that they even can not marry according to islamic law, if they want to do so. Is this correct?
Answer: Bismihi Ta`ala Only when a man makes zina with a married woman or an observing Raj'i' iddah (waiting period during which the husband is allowed to revoke the divorce) woman, she will become haram for him forever.
From: "Istiftaa" istiftaa@wilayah.org
Subject: Praying Times 15181e
Date: 14 Jun 2003
Question:
1) When does the namaaz-time for the prayers of Maghribayn (Maghrib and Isha Namaaz) end? Some brothers and sisters believe, that it ends with the Adhaan of Fajr (morning) prayer, is this correct?
2) Is it correct, that the time of Namaaz-e-Shab (Midnightprayer) begins approximately 11 hours and 15 minutes after the Zuhrayn (Zuhr and Asr) Adhaan? Question about some prayers:
3) I heard about a hadith from some momineens, which says, that a momin prays 51 rakaahs a day. Which prayers are meant by this hadith? How do one pray them and whith which niyah (intention)? When are the timings of them?
Answer:
1) The time for prayer of `isha ends at shar`i midnight. The time for prayer of maghrib ends at a few minutes - as much as it is needed for praying `isha - before shar`i midnight.
2) For calculating shar`i midnight, it is a precaution to consider night as starting at disappearance of sun and finishing at the time for adhan of fajr. Accordingly, the midnight will be 11 1/4 hours after zuhr adhaan approximately. The time of namaaz-e- shab starts at shar`i midnight.
3) The 51 rak`ahs a day include all obligatory prayers and non obligatory prayers (nawafil). For details about how and when they are performed see Ar-risaal al-`amaliyyah.
From: "Istiftaa" istiftaa@wilayah.org
Subject: Ali yun wali Allah in Prayer16049e
Date: 14 Jun 2003
Question:
Salaam. i need help regarding ali yun wali allah in namaz. is it farz or wajib? plz also give me some references and fatwas of marjahs. www.sdol.org
Answer:
Bismihi Ta`ala To bear witness that Imam Ali (A.S.) is wali of Allah is not a part of Adaan, Iqaamah, or tashahhud. It is not permissible to say it intending as part of them, but to say it as expressing one's belief is no problem. However, it is preferred to say your prayer including its tashahhud in accordance with what great marji's of shi'ah have written in their books of Practical Laws of Islam and not to add any phrase – even a correct and true phrase by itself- to it.
From: "Istiftaa" istiftaa@wilayah.org
Subject: Hijab in Prison 16233e
Date: 14 Jun 2003
Question:
Here in the United States, were are in correspondence with and provide guidance to people who become Muslim and are in prison. A women, bihamdillah, has, in prison, begun to follow the noble school of Ahl al-Bayt and now teaches and has introduced many female prisoners to our school. She is strong in her faith and wears hijab in prison. She has suffered for it including solitary confinement. It is currently very hot and humid where she is (over 40 degrees Centigrade) and she has a heart condition. She fainted from the heat and wearing hejab and working in the cafeteria kitchen. The guards say that because she took off her hejab out of urgency that she won't be able to put it back on. She has for now but wishes to know what the ruling is for her situation given: 1) her imprisonment and pressure against wearing hijab 2) the intense summer heat and humidity 3) her heart condition that makes her blood pressure low and causes here to faint under certain circumstances.
Answer:
Bismihi Ta`ala, If she feels afraid of bad consequences on her health or unbearable hardship and difficulty due to observing perfect hijaab, she could suffice with the least obligatory hijaab or the minimum important amount of it.
From: "Istiftaa" istiftaa@wilayah.org
Subject: About Zakat 16890e
Date: 10 Oct 2003
Question:
I wanted to ask you a important religious question about paying Zakaat. In Quran and hadith it is said, that a true muslim is someone who performs the prayer (namaaz) and gives zakaat. How should I give Zakaat? On which things is Zakaat wajib for me? To whom should I give zakaat and how much?
Answer:
Bismihi Ta`ala Zakaat is only paid on the following: the 4 crops (i.e. wheat, barley, date and dried grapes (raisins); the 2 naqds (coins) (gold and silver) provided that they are coined for transactions; and the 3 livestock (camels, cows and goats and sheep). Thus, the usual money (made of paper) which is used nowadays would not be subject to zakaat. The case is the same with woman's jewellery. However, if the amount of the jewellery exceeds the amount suitable for woman's social position and it was bought from the income, then, she is obliged to pay its khums (not zakaat).
From: "Istiftaa" istiftaa@wilayah.org
Subject: About Ayat-al-Kursi 20083e
Date: 10 Oct 2003
Question:
About Ayat-al-Kursi: Some brethren recite Ayat-al-Kursi only till "Aliyul azeem", but others recite it till "hum feeha khaalidoon". Which of these two versions is the correct one?
Answer:
The correct one is till "khaalidoon".
If the virgin girl is in need of marriage and the boy who asks for her hand is her equivalent in shar` and according to common view and there is nobody else suitable for her, obtaining the permission of father or paternal grandfather is not necessary.
From: "Istiftaa" istiftaa@wilayah.org
Subject: About Marriage of Virgin 22442e
Date: 18 Jan 2005
Question:
In which situations will it not be necessary for a woman to seek the permission of her father or paternal grandfather, before getting married?
Answer:
If the virgin girl is in need of marriage and the boy who asks for her hand is her equivalent in shar` and according to common view and there is nobody else suitable for her, obtaining the permission of father or paternal grandfather is not necessary.
From: "Istiftaa" istiftaa@wilayah.org
Subject: Misc 23592e
Date: 17 May 2005
Question:
today we have different fiqhi questions. Kindly guide us with your wisdom.
about namaaz: If someone recites in the first rakah of namaaz after fatiha any surah (except surah tauheed), and then in the second rakah he recites after fatiha the same surah (like in the first rakah), will his prayer become batil?
about Khums: Is Khums wajib on someone who is depending on others (like on his parents or government social financial help)?
How should Khums be given on cloth or perfume?
How should Khums be given for a bank-account, for which Khums was not given the last 4 or 5 years?
about wahabism: Is it wajib to reply to the salam of a wahabi, who is propagating amongst people, that shiah are indidels and najis?
Are extreme wahabis who consider shiah as kuffar and spread hatred against shiah among the sunni brothers, muslims?
about Imam Khameneis Moqallideen: Dear Imam Khamenei, if there is a messege for your Moqallideen worldwide, what is it, and which obligations should they fulfill in these days and in future?
Answer: Bismihi Ta`ala
Doing so is not a problem.
If one earns himself or herself and, for one year, does not spend this earning for life requirements, one has to pay its khums. But money granted to him or her by his or her parents or others is not subject to khums.
One can pay khums of their value or give one fifth (khums) of the same items if possible.
Any amount of money in the bank on which one year has passed is subject to khums.
If replaying salaam would make peace between them [and other Muslims], it is a caution to reply their salaam.
If they show enmity to the Infallible Imams (a.), they are ruled as kaafirs.
With apologies this site is reserved specifically for the sake of answering questions pertaining to the practical laws of Islam.
From: "Istiftaa" istiftaa@wilayah.org
Subject: About slaughtering 9168e
Date: 24 Mar 2002
Question:
Our today’s question is related to the situation of slaughtering animals in an Islamic way to get halal meat in a Nonmuslim country. As you know in Europe we have some problems in this regard. Can you send us some fatwas about this issue? Especially following questions are relevant for us:
According some countries rules the slaughtering of animals is forbidden, if the animal is not intoxicated (anesthetized) before slaughtering (for example in Switzerland). Is this method of slaughtering permitted for Muslims and is such a meat "halal"?
If the method of question one is not permitted for muslims, but the countries rules do not allow slaughtering in an Islamic way (and import is not possible), should Muslims than live without meat?
We know, that the rules of the country, in which we live, have to be respected in this regard, is a vegetarian life in such cases acceptabel or what other possibilities do muslims than have?
Answer:
1) There is no objection in doing so as long as the animal is alive during slaughtering.
2&3) It is obligatory to slaughter according to shar`i (legal) conditions and it has been mentioned that mere anaesthetization would not harm its permissibility (benign halal).
Wallahul`Alim.
Additional Question:
If Muslims have the choice between slaughtering with mere anaesthetization and without, which one is preferable. And if Muslims have the choice in buying meet from both slaughtering methods, which one is preferable?
Answer: There is no difference between the two from the shar`i (legal) point of view.
Wallahul`Alim.
From: "Istiftaa" istiftaa@wilayah.org
Subject: About temporary marriage (mutah) 34488e
Date: December 24, 2006
Question: Today we have some questions regarding temporary marriage (mutah) with Ahl-al-Kitaab women.
1) In another Fatwa from Imam Khamenei we had read that it is wajib to have the niyah (intention) to bring the Kitaabi-woman nearer to Islam. Otherwise the mutah would be void. Is that correct?
2) Is it wajib to have the consent of the father for mutah-marriage of a virgin Kitaabi-woman?
3) Is it allowed to introduce the wife only as a "girlfriend" to the family and friends (i.e. in Europe and USA)?
Answer:
1) A Muslim man is allowed to marry a woman from the People of the Book in the form of mut`ah. The thing you mentioned in the question is not a condition for the marriage contract to be correct.
2) By obligatory caution, taking permission is necessary.
3) She is your temporary wife and this friendship is allowed.
From: "Istiftaa" istiftaa@wilayah.org
Subject: About forbidden during menstrual bleeding 34942e and 35080e and 35081e
Date: 2007 January 19 and 26 and February 01
Question: Today we have a question related to female issues (i.e. menstruation): Which acts are forbidden for a woman during menstrual bleeding?
Answer: Staying at a mosque, having sexual intercourse with her husband, touching Quranic scripts or Allah (t.) names, reading the [four] verses that require obligatory prostration, praying, fasting and entering the shrines of the infallible Imams (a.s.).
Additional Question: In Imam Khomeinis Tauzih al-Masa'il (in urdu language) it is mentioned, that a woman in Haiz (menstrual bleeding) is not allowed to read any Ayah (even not the Basmallah) of a surah which contains a wajib sajdah. Probably it could be a translating mistake. Could you please clarify, if the whole surah is forbiiden to recite or only the 4 Ayahs?
Answer: According to the late Imam Khomeini (q.), the ruling is that you mentioned in the question, while according to His Eminence the Supreme leader (d.) only the verses of obligatory prostration are forbidden.
Further additional Question:
1) When a woman did not know that staying at a mosque was haraam in that condition, and she stayed at a mosque, does she has to pay kaffarah? If yes, how much?
2) Is also the staying in a Hussainiyah (e.g. Imambargah) ruled as "staying in a mosque"?
Answer:
1) No, it requires no kaffarah.
2) No, it is not like a mosque.
From: "Istiftaa" istiftaa@wilayah.org
Subject: About marriage permision an working in a Kindergarten 44166e
Date: Sunday, April 06, 2008 4:43 PM
Question: 1) There is a married couple who wants to do every prayer together in jama´at. The husband would lead the prayer and the wife would pray behind him. Now they read in Imam Khameneis Risalah, that the one who is praying in jama´at is not allowed to recite anything in qiyaam by himself, nor in his heart, he has to listen to what the Imam is reciting. But the wife has problems not to recite anything in her heart )especially in Dhuhr and Asr prayers), so she recites the translation of the Surahs in her mind, the Imam-al-Salaat is reciting. Is her prayer correct? What can she do to pray with her husband in jama´at if she cannot stop thinking about anything during qiyaam?
2) A sister wants to work in a Kindergarten (Nursery) to look after the children. But in every Kindergarten they also cook haraam things (e. g. pork, etc.). The workers there have to serve these things to the (non-muslim) children and sometimes even to help the children to eat these meals (it is included in their duty). Is she allowed to work there?
3) A couple didn´t know that the consent of the girls father is necessary for (temporary) marriage. They married without asking the father. Is their marriage correct and what is their duty now?
4) If a boy asks the girls father for permission of temporary marriage and the father refuses because mut´ah is disliked in the society, but gives his consent to meet his daughter and have contact with her, is the boy allowed to marry her without the fathers permission, to avoid haraam? Is it allowed for the couple to marry (temporarily) with the restriction, that they only talk with each other but do not touch each other (without the fathers permission)?
Answer: Bismihi Ta`ala
1) In the given case, the prayer is correct.
2) Working there by itself is no problem. But she should not feed the children with haraam foods.
3) It is a fudolli contract that depends on father’s permission. If the father does not permit it, the husband should, by obligatory caution, grants her the rest of the mut`ah period and separate from each other.
4) The marriage of a virgin girl should, by obligatory caution, be contracted with the permission of her father or paternal grandfather. Father’s permission for physical contact and meeting with each other does not justify committing haraam practices. Generally speaking, if speaking with a non-mahram is intended for lust or ill intentions or proves to lead to vile consequences or fears of committing sins, it is impermissible even for the given case.
From: "Istiftaa" istiftaa@wilayah.org
Subject: About Ashura-Rites 50694e
Date: 28.01.09
Question: 1) Is the matam/latm (e.g. self-flagellation) with knifes (zanjeerzani with knifes) allowed during mourning ceremonies for Imam Hussain (a.)?
2) Is the matam/latm (e.g. self-flagellation) in form of hitting a sword on the head (e.g. Tatbeer) allowed during mourning ceremonies for Imam Hussain (a.)?
Answer: Bismihi Ta`ala
1) If the use of such chains leads, in the eye of the public, to defaming our school of thought or inflicting a noticeable harmful effect on the body, it is not permissible.
2) 1) Qama zani (tatbeer) is absolutely impermissible. In addition to the fact that hitting oneself / head with swords is not held in the common view as manifestations of mourning and grief and it has no precedent at the lifetime of the Imams (a.s.) and even after that and we have not received any tradition quoted from the Infallibles (a.s.) to support this act, be it privately or publicly, this practice would, at the present time, give others a bad image of our school of thought. Therefore, there is no way that it can be considered permissible.
From: "Istiftaa" istiftaa@wilayah.org
Subject: About Wudhu of Disabled 54393e
Date: 20.06.09
Question: Our questions today are about helping old or disabled people in performing wudhu:
1) Is Wudhu (e.g. for prayers) wajib for people who cannot do wudhu on their own (e.g. because of their age or physical disability) and would need help?
2) If there is someone helping them in wudhu, would their wudhu be correct if the helping person would wash with his own hands the face of the disabled and the helper would do mas'h (e.g. wet-coating) with his hands on the disableds head and feet?
3) To what extent can a helper help an old or disabled one in wudhu, so that it doesn't become void?
Answer: Bismihi Ta`ala
1) Whoever cannot do wudu should have somebody as a naaib to give them wudu if the fee that a naaib requests for that is affordable. However, they should themselves make the intention and wipe the head and feet. If that also proves impossible that naaib has to take their hand and pass it on wudu parts to be wiped. However, if this is not feasible either, the naaib should take some moisture from their wudu parts to wipe with it their head and feet. It is an obligatory caution to do tayammum in addition to that.
2 & 3) The rule is made clear in the answer no. 1.
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