skills/sistani-guidance/references/books/jme/pages-241-252.md

# Jurisprudence Made Easy

PDF pages 241 to 252. 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 229 to 240](pages-229-240.md).

Next block: [pages 253 to 264](pages-253-264.md).

## PDF PAGE 241

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241
* Should they make the journey before zawal, having
intended to do so the night before, can they still fast?
- [No, fasting should be observed on that day]; they
should, therefore, break their fast upon getting to heddet-
tarakhus (the point at the periphery of a town where, for
example, adhan could be heard. This concerns distances
to determine whether prayer should be said tamam or
qasr). They should fast later to make up for that day. The
same ruling applies to such people as making the journey
without niyyah the night before.
* Someone returning from a trip arrived in their
hometown after zawal. Do they have to observe
abstinence (imsak) for the rest of the day?
- Although not obligatory, it is advisable for them to
abstain from food and drink for the rest of the day. The
same applies to him who arrived before zawal and was
not fasting because of travel.
* If such people returned to their town of domicile before
zawal and were observing fast, how should they go about
it?
- They should make niyyah of fasting and abstain from any
acts that render fast that day invalid. They are, therefore,
not required to fast in lieu.
* Suppose someone was observing fast for years on end,
yet they were not aware of the obligation of ghusl after a
sexual act (janabah); that is, they did not do it?
- Their fast is in order and they shall not be liable for
kaffarah (Atonement, or expiation: making recompense
for some failure to act, harm done to others, etc.).
* Is it all right, for asthma sufferers, to use inhalers during
their fast?
- Yes, they can. And their fast shall be in order.
* Is it permissible to serve food and drink to certain
people, who could be excused not to observe fast or
otherwise, be it in restaurants or at home, without
```

## PDF PAGE 242

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242
encroaching upon the sanctity of Ramadhan?
- It is permissible to serve food for those who have a valid
reason not to fast and [not the others].
* If I was certain of the precision of astrological
computations for the birth of the new moon, could this be
relied on to determine the first day of Ramadhan and start
fasting accordingly?
- Being certain of predicting the birth new moon, using
this method or that, is of no consequence. What is of
consequence, though, is the actual sighting of the
crescent, whether by you or by the others. Of course, it
suffices to rely on sighting in another country that shares
the same horizon with your own, barring clouds, dust,
mountains, and the like.
* Is using intravenous feeding for the sick all right for a
fasting person?
- Although it is advisable to avoid, yet it can be excused.
* If I may move to matters pertaining to hajj, and ask
about a person who had the means to make the journey
to Mekkah for hajj. However, he could not finalize his
travel arrangements due to not getting entry visa. In the
year that ensued since he was intent on performing the
hajj, he spent the money allocated for the journey.
Thereafter, he could not save enough money to achieve
his goal. What should he do?
- If he can afford to make the journey at any future date,
he must do so. If not, he is absolved of the obligation.
* In our dialogue on hajj, I remember you told me that you
threw stones at Jamarat al-Aqabah. You did not, though,
tell me at which side of the Jamarat you carried out the
stoning?
- I did the stoning from the front [for it is not permissible to
do so from the back].
* You also said that you entered into ihram from a place
called al-Juhfa after arrival at Jeddah by air. Would it be all
```

## PDF PAGE 243

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243
right if a pilgrim inadvertently assumed the ihram from
Jeddah itself?
- If they had done it with a vow (nadhr), it would be
accepted.
* I remember that at the end of tawaf and sa’iy, you made
taqseer (Cutting one’s hair, clipping one’s moustache or
beard, or cutting off the nails - an act that heralds the exit
from the state of ihram). Can you carry out taqseer for
other pilgrims before you carry it out for yourself first?
- It is not permissible to do so.
* Suppose a student could afford the journey to perform
hajj in a given year. Yet, the time for hajj coincided with
the appointed dates of his final exams. If he were to make
the decision and embark on the journey, this could prove
detrimental to his chances of passing the exams, which
may lead to a financial as well as moral setback. What
should he do?.
- If making the journey to Mekkah for hajj could result in
an untenable situation, he may abandon plans to go to
hajj that year.
* Could I move on to another subject, and ask about issues
relating to trade and business? Could you then tell of the
position of a person depositing money in public banks?
- Before answering your question, could you tell me: a)
whether those banks are financed by Islamic or non-
Islamic states, and b) whether the depositor’s intention
was to earn interest for the money he keeps with the
bank?
* Is there any difference?
- Generally speaking, depositing money with the banks of
non-Islamic countries, albeit with the aim of earning
interest, is allowed. Depositing money with Islamic state
banks with the condition of earning interest is usury
which is haraam. If it is done without such a condition, it is
permitted; the interest earned on such deposits should not
```

## PDF PAGE 244

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be dispensed with, unless with the permission of the Marji’
or his representative.
* Is there any difference between the original sum of
money deposited and the interest it earned?
- No, the owner shall have no right of disposal over any
money withdrawn from state banks in Muslim countries
before consulting the Marj’ or his representative.
* Could you tell me what is meant by the “condition” for
earning interest, you talked about early on? Does it mean
that the depositor should be intent on not asking the
bank for interest, if the latter did not pay it?
- No, it means that the depositor must not make the
deposited money conditional on payment of interest by
the bank, for the intent to demand the interest is akin to
not stipulating the condition. Similarly, the intention not
to demand the interest is akin to the stipulation. That is,
because each of which is alien to the other.
* If I was aware that the bank was going to pay me
interest, but I did not ask for it, can I still deposit my
money in a saving account?
- Yes, you can do that so long as you do not make it
conditional on getting the interest.
* Some people borrow money from the bank and the
latter demands interest to lend them the money; on
certain occasions, the bank requires the borrower to give
a guarantee. How should such people go about this kind
of transaction?
- It is not permissible to take a loan from the bank if it
stipulates the charging of interest, for it is usury,
irrespective of whether the loan was with or without
surety. It is permissible, however, to receive such money
not with the intention of it being a loan. Once the
approval of the Marji’ or his representative was obtained,
the recipient can have the right of disposal over the
money. Thereafter, their knowledge that the bank is going
```

## PDF PAGE 245

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245
to compel them to pay the interest shall be of no
consequence. Yet, when the bank does so, they should
comply with its request.
Here, I would reiterate that disposing of moneys
withdrawn from state banks in Muslim countries, in any
transaction, can be done only with the approval of the
Marji’ or his representative.
* Is it permissible to open letters of credit, for import or
export, with the banks?
- Yes, it is permissible. It is permissible for the bank,
whether state owned or private, to charge the customer
fees for the service it provides and interest on any
payment of money it makes from its capital, not from the
customer’s account.
* What about the bank standing guarantor for the
customer?
- The bank can charge a fee for this type of service.
* Is dealing in shares permissible?
- Yes, it is, provided the dealer avoids investing in
companies involved in illicit trade, such as intoxicants or
usury-based dealings.
* Some companies deputize the banks to deal with the
transactions of selling and buying shares on their behalf.
Can the banks charge commission for their intermediary
role?
- Yes, they can and it is permissible.
* What about sale of bonds?
- It is not permissible. It is not permissible for the banks to
act as intermediaries in buying and selling bonds.
Accordingly, it is not permissible for them to charge
commission for such transactions.
* What about internal and external drafts?
- It is permissible for the bank to charge commission for
issuing the draft from the customer’s account or for a
transaction of money transfer requested by any other
```

## PDF PAGE 246

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246
client.
* The banks deal with selling and buying foreign currency.
Is it permissible for them to earn a profit?
- Yes, they are entitled to that.
* What about bills of exchange?
- Among banks’ services is the realization of the amount of
a bill of exchange for their customers. This type of service,
and charging commission for it, are permissible.
* And life assurance and other insurance policies. Are they
in order?
- Yes, the contracts thereof are binding on both the parties
- the insurers and the insured.
* Is it permissible for men to wear platinum?
- Yes, because it is a different type of metal. It is not gold
that is haraam for men to wear.
* Is it permissible to make doles, mimicking humans,
animals, or birds?
- [No, it is not permissible].
* Is it permissible to paint ordinary, not three-dimensional,
pictures of human beings or animals?
- Yes, it is permissible.
* Is it permissible to trade in ornamental corporeal statues
of man and animal?
- Yes, it is permissible.
* Is it permissible to wear garments allegedly made of pure
linen, noting that I cannot say whether the fabric is linen.
Do I have to investigate?
- No, there is no need for you to check their originality;
thus, you can wear them.
* I know trading in musical instruments, meant for illicit
amusement, is haraam. There are, however, certain
instruments made for children to play with. Is it
permissible to buy and sell them?
- It is permissible if the definition of “illicit amusement” do
not cover such instruments.
```

## PDF PAGE 247

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247
* There are specific contracts, such as those in the building
industry, whereby some sort of fine is levied on either or
both parties. This is sought mainly to get the job done on
time. If the contractor is proved responsible for delaying
the work, he could be liable to pay the agreed penalty to
the beneficiary. And if the first party could prove the
failure of the second party to supply, for example, the
building material on time, he could be made to pay the
agreed penalty. Are these agreements in order to enter
into?
- The settlement of such penalties is in order.
* Some publishing houses resort to republishing books
without prior consent from either the original publishers
or the author, although such books bear the note “all
rights reserved”. Is it permissible?
- Such note has no consequence, unless it comes within
the context of a law that regulates the rights of writers,
publishers, and other parties who have a vested interest;
such a law should be ratified by the Marji’.
* Is displaying stuffed animal carcasses permissible?
- Yes, it is.
* Is it permissible to sell and buy human blood for medical
purposes?
- Yes, it is.
* Is it permissible to trade in meat of certain animals, such
as rabbit, that are deemed haraam to consume according
to the precepts of our school of thought, to the followers
of other schools of thought who permit consuming it?
- Yes, it is permissible.
* Can I work for an owner of a shop where alcoholic
drinks and unslaughtered meat are sold alongside other
products that are lawful to trade in, especially if my work
is confined to dealing with those items that are halal?
What is the view about the wages I receive that are paid
from the mixed income of the shop?
```

## PDF PAGE 248

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248
- If the contract between you and the owner restricts your
work to the areas that deal with lawful merchandise, there
is no harm in carrying out the work. As for your wages,
they are halal to receive so long as you are not aware that
such wages contain tainted money.
* Is it permissible to work as a cook in a restaurant, where I
am required to cook unslaughtered meat; I am, though,
not required to serve it?
- It is permissible.
* If I can move on and ask about issues pertaining to food
and drink: Is it permissible to consume and trade in
chicken, whose wrappings bear the note, “slaughtered
according to Islamic rites”: a) that which is imported from
Islamic countries, and b) that which is imported from non-
Islamic countries?
- As for chicken imported from Muslim countries it is
permissible to consume and trade in, irrespective of
whether there is a note declaring it was slaughtered
pursuant to Islamic rites.
As regards that which is imported from non-Muslim
countries, you are neither permitted to consume it nor
trade in it, unless you are absolutely sure that it really was
slaughtered according to Islamic injunctions, both in letter
and spirit.
* Is it permissible to consume cheeses imported from non-
Muslim countries, especially if I do not know anything
about either the method in which they were processed or
the ingredients used?
- It is permissible to eat.
* Some kinds of fish are not wholly covered with scales.
Are they halal to eat?
- Yes, they are.
* Is it permissible to consume tinned fish imported from
non-Muslim countries?, especially if I was in the dark as to
such permissibility on two counts:
```

## PDF PAGE 249

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249
1. I do not know whether it has scales, but the information
given on the cover indicates that it is of the kind that has
scales and there is no reason why I should not believe the
case to be true.
2. I do not know how it was caught and whether it
perished outside the water or inside it. However, it is
common knowledge that modern fishing techniques,
especially those employed by big fishing trawlers, result in
big catches and the fish is often taken out of the water
while still alive.
- If you have peace of mind as to the fact that the fish
perished outside the water, taking into account the
aforesaid remarks, it is permissible to eat. Otherwise, it is
not.
* Restaurants in Muslim countries serve meals that contain
meat. Is it permissible to eat in them without enquiring
from their owners whether the meat is halal?
- Yes, you can eat such meals without asking about the
meat. Neither are you required to ask about the faith of
the restaurant’s employees.
* Is it permissible to consume alcohol-free beer, and is it
tahir?
- Maybe you mean the drink commonly made of fermented
barely and leads to drunkenness. If so, it is haraam [and
najis].
* Do I have to resort to scrutiny to determine whether
medicines contain any ingredients that are haraam?
- No, you needn’t do that.
* Many types of medicines and detergents contain small
quantities of alcohol. Is it permissible to use?
- They are not najis. And it is permissible to use them.
* I have a number of questions that can not be grouped
under one title. I am going to start with a question on
```

## PDF PAGE 250

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251
donating human organs:
Is it permissible for a living person to donate his eye or
kidney to another person?
- It is not permissible too in the case of the eye. As for the
kidney, it is permissible.
* Some people make a will to donate certain organs after
their death. Is such a will in order?
- [It is neither in order, nor executing it is permissible], if
the person who made the will is Muslim. This is true,
unless it was a matter of life or death for the recipient of
the organ. Thereupon, the organs can be used even
though there was no will. However, [compensation
becomes due on the person who carried out the removal
of the organ], unless there was a will.
* The use of the coil, a device of contraception, inside the
womb of a woman is quite common nowadays. Is it
permissible, especially when the pregnancy may
constitute a danger to the woman’s health?
- It is permissible.
* Is experimenting in new medicines on humans without
their knowledge an acceptable practice?
- No, it is not.
* Is dissecting the dead body of a Muslim, for a post-
mortem or for training medical students, permissible.
- It is forbidden to dissect the dead body of a Muslim. As
for the dead body of an unbeliever, it is permissible.
* There is overwhelming evidence on the dangers to
health posed by smoking. Is it permissible for a non-
smoker to take up the habit and a smoker to continue?
- If smoking results in an untold damage to the health of
the smoker, and that of the unborn child of a smoking
woman, it is haraam. And it is so, for the beginner, as well
as the compulsive smoker who might not suffer serious
damage as a result of stopping smoking. As for him who
may be harmed, in any way, as a result of stopping the
```

## PDF PAGE 251

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habit, the right balance between kicking the habit and
continuing it should be achieved.
* The presents, received by the parents of a newly born
child, come in many forms and shapes. Whose ownership
is it - the baby’s or the parents’?
- Presents differ in their significance. Some are indicative,
in that they are exclusively the newly born child, such as
jewellery and, evidently, any money. Other items may be
intended for the benefit of other people, such as food and
foodstuff; these belong to the child’s parents.
* Do the parents have the right of disposal over the
property of their minor children?
- It is permissible for the father to do so, provided it does
not constitute any malicious act that may befall the
minors. As for the mother, she does not have such a
prerogative without the permission of the father, or
paternal grandfather. With such a permission, she can
then have the right of disposal over her child’s property,
provided it does not entail any malice. The parents,
however, have no right to take any action that could
compromise their child’s interests. They must spare no
effort to ensure the preservation of his property until he
attains adulthood.
* Is the practice of magic, be it white or black, permissible?
- Magic, in whatever form or guise it comes, is haraam
[including that which is used to invalidate magic plots],
unless more important interest was served, such as the
preservation of life.
* Is summoning the spirits of the dead permissible?
- It is haraam to summon those spirits that may be harmed
as a result of the practice?
* Some people claim they can manipulate the angels. Can
you lend any credence to such claims?
- Such claims are baseless.
* Is hanging of portraits of the Prophet (s.a.w.) and the
```

## PDF PAGE 252

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252
Imams (a.s.) permissible? Is it all right to believe that these
paintings are true copies of them?
- It is permissible to hang such portraits. As for the belief
that they resemble those huminaries, it is a mistaken one.
* Is it permissible for actors to play the roles of either the
Prophet (s.a.w.) or the Imams (a.s.), either in a play or in a
film?
- It is permissible to play their roles, with the proviso that it
does not weigh adversely on the high esteem with which
people hold them. It is important, therefore, that those
actors who play their parts should be of unblemished
character.
* Is it permissible to discard printed matters, that may
contain the Name of God or Qur’anic verses alongside
ordinary rubbish?
- It is not permissible. When found, such material should
be removed and rendered tahir, if it had come into contact
with najis objects.
* In verbal encounters, some people resort to swearing, so
much so that it could amount to blaspheming Allah, the
Most High, or lampooning the Infallibles (a.s.). On the
whole, such people are not serious in their statements.
Should punishment be administered to them?
- So long as they were not serious and they did not mean
what they say, divine punishment must not be meted out
to them. However, they should be reprimanded (ta’zeer).
* May I move on and ask about miscellaneous issues,
starting with a question on the woman taking driving
lessons with a male instructor?
- She is allowed to do that so long as she is sure of
immunity against any temptation of behaving contrary to
the dictates of Islam and decency.
* Is it permissible for women to be photographed without
head cover for the purpose of using such a photograph in
official documents, such as passport?
```