skills/sistani-guidance/references/books/jme/pages-121-132.md

# Jurisprudence Made Easy

PDF pages 121 to 132. 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.

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Previous block: [pages 109 to 120](pages-109-120.md).

Next block: [pages 133 to 144](pages-133-144.md).

## PDF PAGE 121

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121
- Yes, you can do that, albeit it is absolutely makrooh.
3. [Deliberately telling lies to Allah, or His Messenger
(s.a.w.), or the Infallible Imams (a.s.)].
4. Deliberate sexual intercourse.
* What about the fasting man and his wife?
- They can have sexual intercourse outside fast times.
5. All kinds of masturbation.
6. Deliberate staying in a state of janabah until dawn. If a
person had a sexual intercourse that rendered them in a
state of janabah, they should do ghusl before the onset of
fajr (dawn), so that they are tahir to embark on fast.
* Suppose I entered a state of janabah during the night,
but could not do ghusl due to being unwell, for instance,
what should I do?
- You should do tayamum before the onset of dawn.
* What about women?
- If they become tahir after being in either a state of haydh
or nifas, they must do ghusl before the onset of dawn, so
that they fast while in a state of tahara.
* Suppose I was asleep during the day, and dreamed
having a sexual intercourse precipitating ejaculation.
What should I do?
- The emission of semen in this case should not render the
fast invalid. It should be in order, even without performing
ghusl.
7. [Deliberate inhaling of air laden with thick smoke or
dust].
8. Deliberate throwing up.
* What if this takes place beyond one’s control?
```

## PDF PAGE 122

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122
- It wouldn’t invalidate one’s fast.
9. Intravenous injection with water or other liquids.
* Should a fasting person intentionally commit any of the
aforesaid acts, what should they do?
- They should refrain from committing those acts and
make amends according to the following detail:
a. Should a fasting person remain in a state of janabah on
purpose until the onset of dawn, they should abstain
during the day [Let their abstention be in a form of
alqurbal mutlaqah, i.e. without specifying that this
abstention is for the obligation of fast of Ramadhan or out
of courtesy thereof].
b. In the case of lying to Allah, His Messenger, or inhaling
thick smoke or dust, [they should abstain from eating or
drinking for the rest of the day in compliance with the
lawful injunction is either to carry out the obligation of
fast or to abstain, i.e. from eating and drinking out of
respect].
c. For nullifying one’s fast due to committing any of the
other acts, [they should abstain for the rest of the day out
of respect for the lawful injunction].
In addition, one has to make up for the days that have
been rendered invalid and pay an expiation. This could
take the form of either emancipating a slave, feeding sixty
poor people, or fasting two consecutive months for each
day of fasting that had been rendered null. This is so,
irrespective of whether rendering fast invalid was by
something lawful (halal), such as drinking water, or
unlawful (haraam), such as drinking alcohol or
masturbation.
* How would you feed sixty poor people?
- You could serve them with food, making sure that they
had their fill. You could also supply them with foodstuffs
by giving them approximately 750 gm each, of either
```

## PDF PAGE 123

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123
dates, wheat, flour, rice, moong beans or the like for every
day that you missed by default. You, cannot, however,
give them money instead. You could do so, though, only
by way of proxy, i.e. by authorizing the poor person to
buy the foodstuff on your behalf and take possession of it.
* What if I was not able to fast any days of Ramadhan for
a valid reason, such as sickness, or travel?
- You could make up for any number of days by fasting
during the year, except for the days of the two eids (al-Fitr,
and al-Adh’ha).
* Suppose my illness continued until the next Ramadhan.
How should I go about it?
- You won’t be required to do qadha. Instead, fidya
(redemption from certain religious obligations by a
material donation or ritual act), becomes due. In this case,
you should give to the poor by way of sadaqah 750 gm of
food for each day that you missed.
Having said that, I must remind you of the following:
1. It is not permissible to fast on either the first day of Eidul
Fitr or the first day of Eidul Adh’ha, be it qadha or for any
other purpose.
2. [The eldest son of the deceased should make up for any
period of fast that his father had missed out during his
lifetime for a valid reason. So to are the periods of fast the
father did not do, even though he was able to do so. This
can, however, be done by the son, if he was not a minor at
the time of his father’s death nor was denied his
inheritance].
3. There are certain categories of people who are allowed
not to fast:
a. The elderly, who cannot fast, or fasting could cause
them aggravation or difficulty. In this case they should
```

## PDF PAGE 124

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124
resort to fidya, by donating 750 gm of wheat, which is
preferable, for every day they did not fast. They are,
though, not required to do qadha.
b. The expectant mother, who is approaching the date of
delivery, and who feels that fasting could entail danger to
her wellbeing or that of her baby. In this case, she should
make up for the days missed later.
c. The nursing mother, who is experiencing a lack of milk,
and whose fast could harm her or her baby, [provided that
she was the only source of her boy’s suckling]. Conversely,
it is not permissible for her not to fast. If, however, it was
permissible for her not to fast, she must make up for the
days she missed.
However, it is incumbent on both, the nursing mother and
expectant mother to make amends by donating 750 gm of
food for every day they did not fast.
4. Like prayer, which is either obligatory or voluntary,
fasting can be either too. Rather, it is one of such
voluntary acts of worship that are strongly recommended
- tradition has it, “It is a refuge from hell”, “It is a form of
zakat that renders the body pure”, “By it the worshipper
enters paradise”, etc.
It has been related that fasting in the following days and
occasions is highly rewarding:
a. Three days in each month, preferably the first and last
Thursday of the month and the first Wednesday of the last
ten days of it.
b. The anniversary of the birthday of the Prophet (s.a.w.)
and the day he was summoned to declare his
Prophethood.
c. The Day of al-Ghadeer (Celebrating the appointment, by
the Prophet ‘s.a.w.’, of Imam Ali ‘a.s.’ as his successor).
d. The 25th day of Thil Qi’dah.
e. The 24th day of Thil Hijjah.
```

## PDF PAGE 125

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125
f. The whole, or part, of Rajab.
g. The entirety, or part thereof, of Sha’ban.
And last, but not least, my father narrated to me this
tradition from Imam as-Sadiq (a.s.), “In order that your fast
be fully accepted, you should give zakat”, meaning zakatul
fitra (a specified type of religious dues paid by the
worshippers when they complete the fasting of
Ramadhan).
My father added that it is incumbent on every adult who is
sane and has provisions for the entire year to set aside
zakatul fitra for himself and his dependants, be they
members of his immediate family or others, and be they
children or adults, including those guests who arrive on
the eve of Eid [or after it has set in].
The amount of zakatul fitra, per head, is three kg. of
wheat, barley, dates, raisins, other foodstuffs, or their
value in money. It has to be set aside on the eve of Eid, or
on the day of Eid [before prayer, for those who performed
it], and up to zawaal for those who did not say the Eid
prayer. This should be paid to the poor and the needy,
who are eligible to receive income support from monetary
tax (zakatul maal). (See Dialogue on Zakat).
It is to be noted, however, that the zakat of those who are
not of a Hashimite descent is not halal for the Hashimites.
Zakatul Fitra should not be given to one’s dependants,
such as father, mother, wife, and offspring.
```

## PDF PAGE 126

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126
Dialogue on Hajj
My father spoke of his experience of his first pilgrimage in
a way akin to someone who had remembered a true love.
I could see his true feeling in the twinkle of his eyes, the
smile on his face, and the reverence of his words.
When I told him what I had noticed of his state, when he
recalled that experience, he said to me:
Yes, son, “Haven’t you recited the words of The Sublime,
“And when We made the House a pilgrimage for men and
a (place of) security..”. (2/125). And His words, quoting His
Prophet Ibrahim (a.s.), “O our Lord! surely I have settled a
part of my offspring in a valley unproductive of fruit near
Thy Sacred House, our Lord! that they may keep up
prayer; therefore make the hearts of some people yearn
towards them and provide them with fruits; haply they
may be grateful”. (14/37).
My heart longs for that Sacred House.
My father cast his eyes down and, in a soft and melodious
voice, recited poetry in praise of the Prophet (s.a.w.) and
remembrance of the Holy places he had visited on his first
pilgrimage. Raising his eyes, and addressing me, he said,
“My maiden hajj left an indelible mark in my heart, the
memory of which is rekindled every year, especially, at the
time of hajj. I always pray to the Almighty to grace me
with the favour of making the trip to Mekkah time and
again.
There I interjected and asked him:
* Is it obligatory that you go to hajj more than once?
- No, it is obligatory to do hajj once, provided you can
afford it. Allah says in His Holy Book, “.. and pilgrimage is
incumbent on men for the sake of Allah, (on) every one
who is able to undertake the journey to it..” (3/97).
Any number of pilgrimages made after the first one is
mustahab.
```

## PDF PAGE 127

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127
* Would you tell me the story of your first pilgrimage,
which is so close to your heart?
- I went to “al-Juhfa”, one of the mawaqeet (sites
appointed by Islamic sharia law for pilgrims to wear their
ihram). After I took off my clothes, I made niyyah for
umrah tamatu’, leading to hajj, seeking the pleasure of
and closeness to Allah, I put on my ihram (special two-
piece seamless attire worn by pilgrims. Also, the state of
consecration during which the pilgrim refrains from
certain acts, such as not combing, not shaving, and
observing sexual continence). One of these two white
garments is worn like a sarong, and the other used to
cover the shoulder and the upper body. I, then, chanted
the talbiya.
No sooner had I uttered the word “Labbayk”, shivers went
down my spine. I was in a serene state of mind that was
triggered by a kind of devotion I never experienced
before. It was an experience of fear and submission to the
Creator.
The other acts you are forbidden from, once you enter the
state of consecration are: a) looking into the mirror for
dressing, b) protecting oneself against the sun [and rain],
c) covering one’s head, d) wearing sewn clothes and
socks, and e) some other acts, as detailed in the books of
jurisprudence.
* And after ihram, what did you do?
- I headed towards Holy Mekkah, in a state of tahara, to do
seven rounds of tawaf around the Old House (Ka’ba),
starting each round from the Black Stone. Having
completed tawaf, I said a two-ruku’ prayer behind the
station of Prophet Ibrahim (a.s.).
I then went for Sa’y (seven laps of brisk walking between
the mounds of Safa and Marwah - an obligatory part of
hajj rituals), starting from Safa.
On completing the seventh lap, I made taqseer, by cutting
```

## PDF PAGE 128

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some of my hair. By this act, I completed the Umrah of
Hajj. Thereafter, I took off my ihram and waited for the
8th day of Thil Hijja “Yawmut Tarwiyah - Lit. satisfying
thirst or giving attention, i.e. when Ibrahim (a.s.) gave
attention to the vision wherein he was instructed to
sacrifice his son Ismael”. On that day, I wore my ihram, in
Mekkah this time, after making niyyah for hajj, said the
talbiyah, and headed for Arafat, aboard an open top
vehicle. I had to do wuquf (devotional stay at Arafat,
Mash’ar and Mina as part of hajj rituals). This was
performed at the start of noon of the 9th of Thil Hijja till
sunset.
Leaving Arafat, after sunset, I set out for “Muzdalifa” and
stayed overnight, for I had to be there at the sunrise of the
10th of Thil Hijja. After sunrise, I set out for “Mina”. With
me were stones I gathered during my stay at Muzdalifa. In
Mina, I had to perform three types of obligations:
1. Throwing seven stones successively at Jamarah of al-
Aqabah (Pl. Jamarat: Places of the three stone slabs
representing the devil, at Mina).
2. Slaughtering sacrificial offering at Mina.
3. Shaving my head at Mina.
On completing these acts, I came out of the state of ihram,
whereby I could do certain acts that were forbidden to me
before, except seeking lawful pleasure with women,
wearing perfume, [and hunting]. Thereafter, I headed for
Mekkah for the second time to do tawaf of hajj, say tawaf
prayer, and do sa’y between Safa and Marwah, in exactly
the same way I did, on my arrival at Mekkah. Having
completed that, I performed tawafun nisa’ (lit. women’s
circumambulation: an integral part of hajj devotion, after
which and its prayer, sexual relations between man and
```

## PDF PAGE 129

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wife returns to normal).
I, then, returned to Mina to stay the overnight of the 11th
and the 12th of Thil Hijja till the afternoon of the 12th. On
each of these two days, I performed the ritual of throwing
stones at the three Jamarat, the first, the one in the
middle, and al-Aqaba, in this order.
Come midday of the twelfth of Thil Hijja, while still at
Mina, I said Dhuhr prayer and left for Mekkah. Thus, I
performed all the prescribed duties of hajj.
Despite the crowds and sweltering heat, which took their
toll on me, I ensured that I executed all the obligations
called for correctly. Hajj is a solemn occasion for seeking
closeness to Allah Almighty through prayer, devotion and
sincere rectitude.
Afterwards, I left Mekkah for Madina where I paid homage
to the holy shrine of Prophet Mohammad (s.a.w.) and the
tombs of Fatima az-Zahra’ and Imams al-Hassan, Ali bin al-
Hussain, Mohammad al-Baqir, and Ja’far as-Sadiq (a.s.) at
al-Baqi’ cemetery.
I, also, visited historic mosques, the tomb of al-Hamza, the
Prophet’s uncle, and other sacred sites around Madina.
This, in short, was the story of my first pilgrimage. When
the time comes that you can afford the journey to Mekkah
after you have paid zakat and khums that render your
property and other worldly possessions pure, I’ll explain to
you, in some detail, every step you should take. May
Providence grace you with making pilgrimage to His
House.
* Before we end this dialogue, could I ask you about those
religious dues that, as you put it, purify one’s property.
- Not now, for talking of zakat and khums could take some
time. However, I’m going to dedicate separate dialogues
for each one of them, Inshallah (God Willing).
* Very well, father. Do I take it that you are going to talk to
me about zakat next time round, then about khums?
```

## PDF PAGE 130

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- If you so choose. Inshallah .
* Inshallah.
```

## PDF PAGE 131

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Dialogue on Zakat
Zakat is one of the five pillars on which Islam is built. It is
among the obligations of faith. Because of this it has been
described by a Prophetic hadith: Prayer may not be
accepted from the worshipper who withholds zakat.
When the verse, “Take alms out of their property, you
would cleanse and purify them thereby..”, (9/104), the
Prophet (s.a.w.) ordered his messengers to go out and
break the news, “Allah, the Most High, has decreed that
you pay zakat as He has decreed the daily prayers”. When
it was the first anniversary of the injunction, he sent his
messengers to make it known to the people, “Take the
portion of zakat out of your property, that your prayer
may be accepted”. He, then, sent out the taxmen to collect
zakat from those who were required by Islamic law to pay
it.
My father continued relating to me evidence from
tradition on the importance of paying zakat. He said: Once
the Prophet (s.a.w.) was in the mosque, he started calling
some five co-worshippers by their names and ordered
them to leave, adding: do not say prayer here so long as
you withhold zakat money.
Imam Ja’far as-Sadiq (a.s.) was quoted as saying, “On the
Day of Judgement, Allah, the Exalted, shall resurrect some
of the dead from their graves, with their hands glued to
their necks so much so that they cannot move them an
iota. Shepherded by the angels, they will be taunted:
These were the ones who withheld a meagre portion of
abundant bounty (they were favoured with). These are
the ones who withheld the right of God to be taken from
their property.
Moreover, during my recitation of the Holy Qur’an, I
frequently come across many a verse where zakat has
been equated with prayer. This indicates the lofty place of
```

## PDF PAGE 132

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zakat in Islamic legislation.
When I asked my father about the rationale behind
stipulating payment of zakat, he answered me with a
hadith from Imam as-Sadiq (a.s.), “Zakat has been imposed
as a measure of trying the rich and a source of subsidy for
the poor. And if people paid zakat due on their property,
there won’t be any needy or poor Muslims. What you see
of want, poverty, and hunger are the result of the rich not
fulfilling their obligations. It is worthy of God, the
Glorified, to hold back His mercy from those who withheld
His right in His property (that was entrusted to them).
* Is zakat payable on all kinds of property?
- No, zakat is payable on the following, each according to
certain criteria.
1. Silver and gold coins.
2. Crops, such as wheat, barley, dates, and raisins.
3. Camel, cattle, buffaloes, sheep and goats.
4. [Revenue from trade].
* What are the conditions that should be present in silver
and gold coins to render them taxable?
- Several conditions:
The quantity of gold should not be less than mithqal
sairafi (of coins and bullion - a unit of weight, equivalent
to 4.608 gm). The percentage due is 2.5% . For every three
mithqals increase thereafter, the same percentage must be
paid.
As for silver, the quantity should not be less than one
hundred and five mithqals; the percentage due is 2.5%.
For every twenty one mithqals thereafter, the same
percentage should be paid.
* If the quantities of silver and gold do not reach those
```