skills/sistani-guidance/references/books/jme/pages-013-024.md

# Jurisprudence Made Easy

PDF pages 13 to 24. Physical PDF numbering, not inferred printed labels.

Mechanical text extraction, not a verified transcription. Read the full rule or dialogue across page boundaries and retain its footnotes.

Source characters are preserved except corrupt control glyphs, which are marked. Blank layout lines are removed. Do not silently repair other wording.

Previous block: [pages 1 to 12](pages-001-012.md).

Next block: [pages 25 to 36](pages-025-036.md).

## PDF PAGE 13

```text
13
after. I will read them and am confident that I shall find
the answers to my questions in them and have peace of
mind.
I could not wait to get home. With a sense of
achievement, I hurriedly opened the book and started
reading it. A feeling of bewilderment crept into my mind.
This was translated into facial expression of astonishment,
turning into excruciating pain. I found myself reading a lot
but understanding nothing of substance. How could I
handle this unfamiliar perplexity? A kind of pride crept
into me. I said to myself, “I am going to try again”. Maybe I
will understand something. I could imagine that the time
was hardly passing. A sort of sluggishness prevailed. My
chest was sinking down under some sort of burden,
making it unbearable. Yet, I persisted. I read and reread
but to no avail. Clouds of disappointment turned into
melancholy.
It is time for confession. I read a lot, but did not
understand anything worth mentioning. I came across a
kind of terminology that was not familiar to me. I could
still see floating before my eyes phrases and sentences
that seem confined to a certain discipline that I was not
aware of. Also, I came across sentences couched in terms I
did not know; sentences that discuss matters alien to my
everyday life, I do not know why they were mentioned at
all. Other linguistic structures appeared so fragmented,
deep, and complex that I was left perplexed as to their
true meaning.
I wondered if I would ever be able to know what Allah
had decreed halal (permissible), so that I could act upon it
or what He had decreed haraam, so that I could refrain
from doing it! Thereupon, I lift my head toward the
heavens with a twinkle in my eyes, and murmured: O
Lord! I know you charged me with a duty. But, I do not
know the detail. O Lord! How am going to know the
```

## PDF PAGE 14

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14
bounds of what You have ordered me to do, so that I can
do it? O Lord! Help me to understand what I read. O Lord!
Make the books of jurisprudence spell out what they
wanted to state so that I can act upon what they are
trying to tell me.
I waited for my father at the dining table in the evening.
At the beginning, I looked haggard with tired and rather
bewildered eyes. However, this was later turned into
silvery shine that combined agony with the determination
of forging ahead. No sooner had we sat down , my heart
began beating quickly, my cheeks turned pink, and the
heat started exuding from the tips of my ears. I succumbed
to a feeling of embarrassment, shyness, perplexity,
confusion and hesitation. I started saying to myself words
that denote inability to understand written material.
However, I plucked my courage determined to admit my
weakness and said to my father: * I read some of the
books of jurisprudence, but found them unyielding. I had
seldom finished the sentence, my father’s eyes went into
deep search, as if he was trying to retrieve something from
the past. This journey did not last long. His eyes soon
turned towards me and in a whisper, he said:
- I went through a similar experience when I was your age.
I read the books of jurisprudence but did not understand
anything of importance. However, I did not have the
courage you have to admit my incapacity to
comprehending the subject matter.
My conservative upbringing and shyness stood between
me and asking my father critical questions concerning the
transitional period from boyhood to adulthood. I did not
realize that puberty could be identified not necessarily by
age alone, until... and there I intervened:
* And can puberty be known through other phenomena?
- Yes, my son. Puberty in males could be confirmed if one
of three signs was present.
```

## PDF PAGE 15

```text
15
First: Completion of fifteen lunar calendar years of age.
Second: Ejaculation through sexual intercourse, or seminal
discharge while awake or asleep. Third: The presence of
pubic hair, of the rough type, similar to head hair.
* Pubic hair?
- The spot where pubic hair can be found is the one below
the belly and immediately above the penis.
* These are the signs of male puberty. What about the
signs of female puberty?
- Puberty in females could come about when they
complete nine lunar calendar years.
* Since I was blunt about my shortcomings in finding it
rather difficult to comprehend the subject matter of
jurisprudence books, dare I suggest we hold sessions so
that you can explain to me all that which I should be
aware of. In so doing, I can implement religious
injunctions in the manner they were decreed by Allah, the
Exalted. If I may add. Can this take the form of dialogue?
- As you like.
* However, with what shall we start our first dialogue?
- We will start it with taqleed, for it is the foundation that
will determine the contours and milestones of what we try
to apply of our jurisprudence.
* It’s a deal.
```

## PDF PAGE 16

```text
16
Dialogue on Taqleed
Inaugurating the Dialogue on Taqleed, my father said:
- Let me first explain to you what is taqleed.
Taqleed is the following, by a lay person, of a Jurist in
matters of religious practice. Thus, you apply the Jurist’s
legal opinion (fatwa). It is as if you have put the
responsibility squarely on the Jurist’s shoulders, in that he
will stand accountable before Allah insofar as your
compliance with his fatwa is concerned.
* Why do we do taqleed?
- By now, you know that The Creator is the source of The
Law. He prescribed for you certain acts you should do and
others you should not do. However, where to draw the
line is not so clear-cut. That said, you may be able to know
some of His commands and prohibitions, depending on
your upbringing and environment at large.
As you may know, Islamic shari’a law has covered all
aspects of your life. Thus, it has stipulated for each aspect
a number of rulings. How are you going to know the
demarcations of these rulings while you go about your
life? How would you know what is halal to act upon it and
what is haraam to shun it?
I wonder, do you have to resort for every incidence, be it
minor or major, to the legal proof to be able to deduce a
legal judgement?
* Why not?
- There is a yawning gap between your time and that of
the early days of Islam. Matters have further been
complicated due to the fact that many legal texts were
lost; the language and writing style, and norms of
expression have changed; the role of pseudo transmitters,
who concocted many hadiths (Prophetic traditions) was
damaging; this in turn has led to the problem of who is
and who is not genuine among the transmitters of hadith.
```

## PDF PAGE 17

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17
All these have made the process of reaching at a legal
opinion the more difficult.
However, let us assume that you were able to ascertain
the veracity of the transmitters of any legal text and that
you were able to understand the meaning of the
terminology used. Do you think that you would be able to
discern the multifaceted and complex science of
jurisprudence? And would you be able to arrive at what
you need to understand?
* So, what should I do?
- You should turn to the experts in this field, i.e. the jurists,
and derive what you need to know of legal judgements
from them. That is, you emulate them. This is not the
exclusive reserve of jurisprudence, rather the norm in
every science and discipline. Modern civilization has it that
you find the principle of specialized professions in every
discipline that you turn to when in need.
Let us take an example. Let it be from the realm of
medicine. Should you fall ill, God forbids, what would you
do?
* I would consult a doctor and explain to him the
symptoms of my illness. He could then prescribe for me
the appropriate medicine.
- Why don’t you diagnose your illness and prescribe the
medicine?
* I ‘m not a doctor.
- The same goes for jurisprudence. You need to consult a
jurist to be able to know the bounds of Allah’s injunctions.
You may need to seek his specialist knowledge in solving
your legal problems, should you have any. This works in
exactly the same way when you seek the specialist
knowledge of the doctor and enlist his help in curing your
illness.
Since you spare no effort in looking for an experienced
doctor in his field of specialization, you will need to look
```

## PDF PAGE 18

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18
for the most knowledgeable amongst the jurists to follow.
This is so because you need his expertise to explain to you
religious matters and show you how to act upon them as
he sees fit.
* How would I know that a particular alim is a jurist, and
whether he is the most erudite and the best in the field?
- Let me put it this way: How would you know that a
particular doctor is the best in his field to trust his medical
judgement?
* I would be able to know after asking those who are
concerned with and experts in medical matters. I could
also know him through his scientific prowess and
widespread good reputation among the generality.
- Precisely! By the same means, you should be able to
know the jurists or the most erudite among them.
You may ask a committed Muslim who is known to be of
impeccable character, trustworthy, just, knowledgeable
and expert in knowing the scientific level of people in a
particular discipline.
Popularity of the jurist which sets him in a different league
from his peers, so much so that this leads to certainty as
regards his juridical prowess and knowledge, is another
avenue.
* Are there any other conditions, apart from that of
juridical excellence, that should be present in the jurist we
should follow?
- He should be a man, adult, sane, believer, just, living not
dead, of pure pedigree, and should not be prone to
mistakes, forgetfulness, and inattention.
* Well. Here I am, a fully fledged man. I now know
something about taqleed. What else should I do?
- You should follow the most erudite among the jurists of
your time. Act upon his fatwa in the different spheres of
your life. They could be rulings relating to acts of worship,
such as wudhu, ghusl, salah, sawm, hajj, khums, zakat and
```

## PDF PAGE 19

```text
19
so on. You should also act upon his legal opinion in
matters concerning transactions, such as buying and
selling, marriage, banking, will, waqf, etc.
I joined my father in numerating many other examples:
* Enjoining good and forbidding evil, belief in Allah, His
apostles and messengers and ..
- No, belief in God and His unity, the prophethood of our
Prophet Mohammad (s.a.w), the imamate of the twelve
Imams, and resurrection are matters outside the remit of
taqleed. They are of the fundamentals of religion. A
Muslim has to believe in them unequivocally, leading up to
belief in Allah, using one’s own effort and what
intellectual power Allah has instilled in you to reach
personal satisfaction and certainty in the matter.
* Well. Do I have the right to follow a jurist who is less
knowledgeable?
- You can, provided that you know of no difference in the
fatwa of the jurist you follow and the most knowledgeable
one in the questions you need to act upon.
* Suppose I chose to follow the most erudite among the
jurists and it happened that he had no fatwa on certain
matters concerning me, or he had a fatwa, but I was not
aware of it, what should I do?
- You rely on the fatwa of the next most knowledgeable.
* What, if the rest were all of the same calibre insofar as
juristic knowledge is concerned?
- You may consult the one who is more cautious than the
others in passing judgement.
* Should they all be of the same degree of godliness and
caution, what should I do?
- You may act upon the fatwa of any one of them, except
in certain situations, where you should act according to
ihtiyat (Precaution - a level of legal judgement) that I can’t
explain to you right now.
* All right. If need be, I can consult the doctor to know his
```

## PDF PAGE 20

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21
opinion on the state of my health. How would I know the
fatwa of the jurist I follow so that I can act upon it? Do I
have to consult him on every occasion?
- There are few ways by which you may know his fatwa.
You may ask him directly. You may ask other people whom
you trust. You may consult his books, especially his treatise
on articles of religious practice (Risalah Amaliyah), if you
were sure of the authenticity of the copy you have.
* If this is the case, I need not look beyond this house, for I
cannot find a more trustworthy person than you. Can I ask
for your help in knowing the fatwa of my religious
authority (jurist)?
I could see a broad smile on the face of my father; he sat
straight and the spark in his eyes was suggesting that we
would begin a lively discussion.
* Shall we start with prayer.
- Why not! prayer, however, requires man to be
ceremonially clean.
* So, what renders human beings impure?
- What renders humans impure are two things:
1. Material things, such as najis things, i.e. tangible
matters.
2. Immaterial things that are contingent on certain
actions; if done, you need to perform wudhu, ghusl, or
tayamum to remove the impurity. These are things like
janabah, haydh, istihadha (Undue menses), touching a
dead body, etc.
However, before prayer, we need to know najis things.
Also, we need to know the purifying agents to ensure the
purity of the body from that which may have defiled it.
We can then stop over certain occurrences, such as going
to the toilet, breaking wind, sleep, etc. that require wudhu
or tayamum.
```

## PDF PAGE 21

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21
We may then resume the conversation on things such as
janabah, haydh, nifas (bleeding that occurs after
childbirth, miscarriage, or abortion), etc. that require ghusl
or tayamum.
Thus, eliminating from our way all that which may
forestall our effort to seek nearness to Allah through
prayer. This may make us taste the joy of standing before
God, and chanting His Glory and Praise. That we may
draw solace and peace of mind from being in His
audience, and singing His love and praise.
After those topics, we may turn to fasting, hajj, etc.
* So, we shall start discussing najis things.
- Yes, tomorrow. Inshallah (God willing).
* Inshallah.
```

## PDF PAGE 22

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22
Dialogue on Najis things
My father started the dialogue with determination, saying:
- Let me tell you of a principle, that will have an impact on
your life, in that “Everything is tahir”. Everything: Seas,
rivers, rain water, trees, sahara, mountains, streets,
buildings, tools, utensils, clothes, your brethren, etc.
Everything is tahir, until it becomes najis or contaminated,
except..
* Except, what?
- Except that which is intrinsically najis.
* What are the things that are naturally najis?
- Ten things:
1. and 2. Human urine and excrement. The urine and
dung of animals that are not halal to eat, if they have
ethereal souls, such as cats; [the urine of other creatures if
they do not have ethereal souls, yet they have flesh].
* What is an ethereal soul?
- It is a term that we will come across often during this
conversation. So, we better throw some light on it.
We may describe an animal as having an ethereal soul, if,
when slaughtered, blood gushes out from its body
because of the presence of arteries.
As for the animal that has no ethereal soul, the blood
seeps out gently when it is killed, such as fish. This is
because it has no arteries.
3. Meeta (carcass) of animals that have ethereal souls.
* What is meeta?
Any animal that perishes without being slaughtered
according to Islamic shari’a law.
* Such as?
- Any animal that dies as a result of disease, accident, or
was killed in an unlawful way. The carcasses of these
```

## PDF PAGE 23

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23
animals are called meeta.
* When a human being dies, does his body become najis?
- Yes, except martyrs and those who performed ghusl
before they are executed according to Islamic penal code.
* Do all other bodies remain najis?
- No, a Muslim’s dead body becomes tahir once three types
of ghusl are carried out on the body, which I will explain
to you in a forthcoming session.
4. Human semen and the semen of an animal with an
ethereal soul, even of the kind whose meat can be
consumed.
5. Human blood and the blood of animals with ethereal
souls.
* What about the blood of animals who have no ethereal
souls?
- It is tahir, such as fish blood.
6. All parts of a wild dog’s body whether alive or dead.
7. All parts of a pig’s body whether alive or dead.
* What about seals?
- They are tahir.
8. Alcohol [and beer].
9. The unbelievers, whether alive or dead, excluding
Christians, Jews, and Magians.
10. The sweat of animals that feed on human excrement.
These ten things are all inherently najis. Their najasah
(impurity) will render other objects najis by any means of
contact, if there is dampness.
* What, if there is no wetness?
```

## PDF PAGE 24

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24
- The najasah does not spread to things that meet with it,
when dry or if there was slight moistness.
* Are urine and dung of animals, and urine and droppings
of birds, that are halal to eat, such as cows, sheep, chicken
and other birds, etc. tahir or najis?
- They are tahir.
* What about bats’ droppings?
- They are tahir.
* Could you tell me about these parts of dead animals and
birds: feather, mohair, wool, nails, horns, bones, teeth,
beaks, and claws. Are they tahir?
- They are all tahir.
* What about meat we buy in the marketplace, if we find
traces of blood in it?
- This blood is tahir, and the blood that remains in the
carcass of the animal after it has been slaughtered,
according to Islamic shari’a law, is tahir.
* What about the droppings of rats and mice?
- They are najis.
If you consider what I talked to you about, you could have
answered this question yourself. You may recall our
discussion earlier about animals that have arteries which
cause blood to gush out when they are slaughtered.
The serene twinkle in the eyes of my father, I noticed at
the start of this conversation, has reappeared. He glanced
at me and added:
As you may remember, when we started this dialogue, I
spoke to you of a general principle that could have an
impact on your life. I will conclude it with more basic
principles of equal importance.
Principle number one: Everything is tahir. If, however, you
become doubtful whether it is still the case, you should
rule out your doubt, i.e. it remains tahir.
* Such as?
- If you think that your bed linen is tahir, you may consider
```