'. So, he made up his mind to congregate them behind Ubai bin Ka'b. Then on another night I went again in his company and the people were praying behind their reciter. On that, Umar remarked, 'What an excellent Bid'a (i.e. innovation in religion) this is;
(Sahih Bukhari 3.227)
Sulaiman: Thank you for clearing the misunderstanding in this matter. But why do you not break your fast at the same time as the Ahle Sunnat? You wait for another 10 to 15 minutes and consequently make your fast makrooh.
Ja'far: Delay does not make a fast makrooh (detestable). Though undue delay is detestable in itself. But the breaking of fast is supposed to be after nightfall and not at sunset.
The Holy Quran says:
"...and eat and drink until the whiteness of the day becomes distinct from the blackness of the night at dawn, then complete the fast till night,"
(Surah Baqarah 2:187)
We Shias are very particular in obeying the commands of the Holy Prophet (s.a.w.s.) and Quran and we do not add or delete anything from religion. Even the greatest scholars of Shias are not permitted to introduce innovations in Islam.

Aliyyan Waliullah
Sulaiman: In Azaan (call for prayers) you people recite the two witnessings (shahadatayn) - that is, Ash-hado alla ilaaha illallaah (I bear witness that there is no god except Allah), and Ash-hado anna Muh'ammadar Rasoollullaah (I bear witness that Muhammad is the messenger of Allah). After this you add the third- Ash-hado anna A'liyyan Waliullah (I bear witness that Ali is the wali of Allah). Is this Islamic? Did the Prophet (s.a.w.s.) and his companions recite such things in the Azaan?
Ja'far: I want you to know some facts that are not common knowledge:
The words, Ash-hado anna A'liyyan Waliullah are not a part of Azaan. One who considers them a part of Azaan invalidates his Azaan. In other words even if a Shia recites Azaan without the said words his Azaan would be correct.
It is also known that Tashahud during the first and the last rakat (unit) of prayers does not feature this third 'shahadat'. Tashahud is recited as: "Ash-hado Alla ilaaha Illallaaho Wahadahu Laa Shareeka Lah-wa Ash-hado Anna Muhammadan Abdohoo wa Rasooloh."
The words Aliyan Waliullah indicate that he (Ali) was most sincere in his love and obedience to Allah the Almighty. It is the same fact indicated by the verse, "Know that! The friends of Allah. There is no fear upon them and no sorrow."
The virtues of Ali (a.s.), his sacrifices, struggles (jehad) and his position near the Messenger of Allah (s.a.w.s.) qualifies him to be addressed as the chief of the friends of Allah (awliyullah) after the Prophet (s.a.w.s.). Thus, the testimony, Aliyyan Waliullah is like the recommended recitations of the Muazzin (one who recites the Azaan), that he recites softly, e.g. reciting of salwaat etc. Yes, the recitation of Aliyyan Waliullah was due to the historical circumstances, and the terrible condition of the Shia who had accepted the wilayat. Now that this sorrowful period has passed. Shias considered it necessary to recite it loudly. Aliyyan Waliullah does not invalidate the Azaan unless it is considered to be a part of Azaan.
As I already mentioned before, Ali is the wali of Allah. All Muslims agree upon this. The Messenger of Allah (s.a.w.s.) informed the people regarding him,
"Of whomsover I am the master, this Ali is his master too."
(Sahih Tirmidhi Vol. 2 Pg. 298)

Hayya a'laa khairil a'mal
Sulaiman: Shias also additionally recite the words Hayya a'laa khairil a'mal (Rush towards the best of deeds). Among the Sunnis it is a practice to recite "As-salaato khairumminan nawm" (The prayer is better than sleep) in the morning azaan?
Ja'far: Brother, try to understand. It is an established fact beyond any doubt according to authentic texts that the phrase 'Hayya a'laa khairil a'mal' was a necessary part of the azaan during the time of the Holy Prophet (s.a.w.s.), during the tenor of Caliph Abu Bakr and the first part of the caliphate of Umar ibne Khattab. It was he (Umar) who deleted this phrase from azaan.
Refer to Sahih Muslim Volume I page 48. According to a tradition related by Ibne Masood, "The Messenger of Allah (s.a.w.s.) commanded the people to recite 'Hayya a'laa khairil a'mal' in azaan and iqaamah. This practice continued till Umar prohibited it."
It is our belief that the words, "As-salaato khairumminan nawm" are not a part of azaan and iqaamah. There is no record of such words during the time of the Prophet of Allah (s.a.w.s.) and during the tenor of Abu Bakr. The addition is also attributed to Caliph Umar as mentioned in the Muwattah of Imam Malik.
When the Muezzin came to Umar Ibne Khattab to seek permission for the morning prayers, he found him sleeping. Muezzin said, "As-salaato khairumminan nawm"(The prayer is better than sleep). Umar liked it and ordered that this sentence should be added to the morning azaan.

Combining the Prayers
Sulaiman: It is a known fact that Shias combine the two prayers of Zuhr-Asr and Maghrib-Isha. They resort to this every time and under every circumstance.
Ja'far: All Muslims agree on the fact that it is allowed to combine the Zuhr-Asr and Maghrib-Isha prayers. But the argument is concerning the circumstances that allow such combinations. All agree that the joining of Zuhr-Asr is allowed in Arafat (during Hajj). Also the combining of maghrib-Isha in Muzdalfah (also during Hajj). But the Ahle-Sunnat among themselves disagree that in exceptional circumstances like rain, travel, disease, fear or emergencies it is allowed. But the Shia say that joining is allowed under all circumstances, whether there is any disability or not. They consider it permissible in all conditions. Even if some of their fuqaha have said that praying two prayers separately is better. The argument they present for this is the authentic traditions from the Holy Prophet (s.a.w.s.), from the Holy Ahlul Bayt (a.s.) and also the verses of the Holy Quran itself. Especially the ayat (Isra 78) is quoted in this regard.
"Keep up prayer from the declining of the sun till the darkness of the night and the morning recitation; surely the morning recitation is witnessed."
(Surah Bani Israel 17:78)
We understand from this ayat that there are three occassions for prayers: Time of Zawaal (Decline of the Sun from its zenith), at the beginning of Maghrib and at the Dawn. Rather we find a large number of traditions in books of Ahle Sunnat like Sahih Muslim, Bukhari etc. that confirm the above fact. According to Ibne Abbas:
"The Messenger of Allah (s.a.w.s.) prayed the Zuhr and Asr prayers together in Madinah without any fear and without any travelling. Abu Zubair says that he asked Saeed, "Why did he (s.a.w.s.) do it?" He said, "Ibne Abbas asked about it as you ask me. He (s.a.w.s.) replied that he did not wish that people of his Ummah should be put to inconvenience."
(Sahih Muslim, Chapter of Combining two prayers)
Narrated Ibn Abbas:
"The Prophet prayed eight rakat for the Zuhr and Asr, and seven for the Maghrib and Isha prayers in Medina." Aiyub said, "Perhaps those were rainy nights." Anas said, "May be."
(Sahih Bukhari Volume 1, Hadith 518)
Narrated Amr:
I heard Abu Ash-sha'tha' Jabir saying, "I heard Ibn Abbas saying, 'I offered with Allah's Apostle eight rakat (of Zuhr and Asr prayers) together and seven rakat (the Maghrib and the Isha' prayers) together.'
(Sahih Bukhari Volume 2, Hadith 270)
Narrated Salim's father:
The Prophet used to offer the Maghrib and Isha' prayers together whenever he was in a hurry on a journey.
(Sahih Bukhari Volume 2, Hadith 209)

Joining of Hands During Prayers
Sulaiman: Why do you people keep your hands separate in prayers. Why don't you join them like us?
Ja'far: According to the School of Ahle Bayt (a.s.) joining of hands during prayers is neither recommended nor legal. It is sufficient for the Muslims to pray according to the method prescribed in the following tradition:
The Messenger of Allah says,
"Pray like you see me praying."
(Behaarul Anwaar Vol. 85, Pg. 279)
Thus we find that joining of hands did not exist during the time of the Messenger of Allah (s.a.w.s.). Neither did it come into practice during the reign of Abu Bakr or the beginning part of Umar's caliphate. The historical records are sufficient to prove this.
Apart from this the Maliki do not consider it recommended to join hands during prayers. And the rest of Sunni brothers consider it Mustahab and not wajib.

Turbah (Piece of Clay for Prostration)
Sulaiman: Why do you Shias place a stone before you during the prayers and put your forehead on it during prostration (Sajdah)? It is said that Shias worship that stone.
Ja'far: How can the Shias worship a stone while you know very well that they confess to the Oneness of Allah the Almighty (Tawheed) and the Messengership of the Prophet (s.a.w.s.)?
We do not prostrate upon the one we worship, but we worship Him Alone. It is kept in the front to rest our foreheads.
And if what you say is correct why does the Shia Islamic law makes it compulsory for the worshippers to face the Ka'ba (Qibla) during prayers?
Also it is not a stone, it is dried mud, dried to a fixed shape easy to pick up and can be stored conveniently. Common people call it Turbah. All the Muslims consider it permissible to prostrate on mud and a dried piece of mud.
Sulaiman: Does it mean that Sajdah on anything other than turbah is invalid?
Ja'far: According to Shia jurisprudence a Sajdah is valid only if performed on one of the following substances:
All that is the part of earth, like soil, sand and marble.
All that grows out of the earth but not used for eating or dressing. For example, wood and palm leaves.
Paper.
The above laws are based on the authentic tradition of the Messenger of Allah (s.a.w.s) and his purified household (Ahle Bayt [a.s.])
The Prophet (s.a.w.s.) said, "The earth has been appointed as a pure place of prostration (Sajdah)." The Messenger of Allah (s.a.w.s.) considered performing of Sajdah on other things besides earth to be detestable.
It was seen of the Holy Prophet (s.a.w.s.) that his forehead and nose was smeared in mud due to Sajdah. He did not permit his companions to do Sajdah on anything else, as mentioned in some traditions. When these people complained that the sand of the Mosque was hot he told them to keep it in their hands to cool it and then do Sajdah on it. If it had been allowed to do Sajdah on other things they would never have asked, and the Holy Prophet (s.a.w.s.) also would have advised them to do Sajdah on carpet or durry etc.
(Musnad Ahmad Vol. 1, Pg. 388)
Yes. It is apparent from the traditions that Allah the Almighty permitted the Prophet (s.a.w.s.) and the Muslims to prostrate upon vegetation if it is not generally used for eating and weaving. So the Messenger of Allah (s.a.w.s) made for himself a Khumra. It was small piece knitted palm leaves.
(Sahih Bukhari Vol. 1, Pg. 9, Kitabul Haiz)
Narrated Abu Said Al-Khudri:
I saw Allah's Apostle prostrating on mud and water and saw the mark of mud on his forehead.
(Sahih Bukhari Volume 1, Hadith 798)
Narrates Abdullah bin Shaddad:
Maimuna said, "Allah's Apostle was praying while I was in my menses, sitting beside him and sometimes his clothes would touch me during his prostration." Maimuna added, "He prayed on a Khumra (a small mat sufficient just for the face and the hands while prostrating during prayers).
(Sahih Bukhari Volume 1, Hadith 376)
But the earth remains as the best alternative for prostrating and expressing ones submission to the greatness of Allah the glorified. And the Shia Muslims desire to do Sajdah on the earth that is the most blessed and glorified in the whole world. And that is the soil of Karbala, blessed by the presence of Imam Husain (a.s.)'s tomb. And then the soil of Khorasan (Iran) blessed by the tomb of Imam Ali Moosa-ar-Rida (a.s.).
And if the circumstances had allowed we would have had the Turbah of Makkah and Madinah too.
The turbah is considered to be (doubtlessly) absolutely pure and other surfaces may be of doubtful purity. Thus it is best to perform Sajdah on a turbah. And taking of mud from a blessed place is not an innovation in Islam. We see the faqih, Masrooq ibn Ajda (d. 62 AH). always carrying with him a piece of mud of Madinah, and he used to do Sajdah on it. As written in Ibne Abi Shayba's book, "Al Musannif" in the chapter of 'Those who pick up something from boat to do Sajdah.' This tradition is related from two chains of narrators. Whenever Masrooq used to travel in a boat. He used to keep a lump of mud on which he did Sajdah.
(Tabaqaatul Kubra Vol. 6, Pg. 79)

The Trustworthy one Cheated
Sulaiman: When you conclude your prayers, you people raise your hands three times and say, "Khaanal Ameen, Khaanal Ameen, Khaanal Ameen"(That is, the Trustworthy One - Jibraeel (a.s.) cheated.)
Ja'far: Naturally, it is a stupid allegation like the ones mentioned by you in our previous discussion. You do not understand that what you say tantamounts to fighting against the religion of Allah.
Yes! According to the School of Ahle Bayt (a.s.) the Messenger of Allah (s.a.w.s.) concluded his prayers by reciting the Takbeer ( Allaho Akbar) thrice. The practice is also based on the verdict of scholars and it falls under the class of recommended recitations after obligatory prayers. Like glorifying and praising Allah, reciting invocations and performing the prostration of thankfulness. (Sajdah-e-Shukr). Many verses of the Holy Quran stress upon the recitation of takbeer (Allaho Akbar).
"And your Lord do magnify (fakabbir)"
(Surah Muddathir 74:3)
"...and Who has not a helper to save Him from disgrace; and proclaim His greatness magnifying (Him). ( Takbeer)"
(Surah Bani Israel 17:111)
"...you should complete the number (of fasts) and that you should exhalt the greatness of Allah for having guided you."
(Surah Baqarah 2:185)
And the Takbeer is also a necessary ritual of many worship-acts. Like the prayers (salaat), at the time of slaughtering an animal and at the Prayers of the dead (namaz-e-mayyat). The Messenger of Allah (s.a.w.s.) recited Allaho Akbar at the time of the conquest of Makkah when he, with Ali (a.s.), entered the Holy Ka'aba to clear it of the idols.
As we have said in the beginning of the book, in the chapter of Prophethood and the alleged mistake of Jibraeel (a.s.), these people accuse Shias of believing that Jibraeel made a mistake in conveying the message and instead of revealing to Ali (a.s.) he revealed to the Holy Prophet (s.a.w.s.)!!!
Allah forbid! We seek refuge in Allah! And one who says this will soon be accounted with a difficult accounting by the Lord of the worlds for the false allegations he makes against the Muslims.

Wuzu (Ablution)
Sulaiman: We notice that Shias do not wash their feet during Wuzu. There are also other marked differences from the Sunnis in their method of Wuzu.
Ja'far: We will leave the Sunnat and Mustahab acts of Wuzu and discuss only the Wajib (obligatory) parts.
Yes, the Shia Muslims do not wash their feet during Wuzu. Instead they wipe the top of their feet (masah). With the right hand is performed the Masah of the right foot and with the left the Masah of left foot. As with other religious rituals, this is also based on authentic traditions of the Messenger of Allah (s.a.w.s.) and the Holy Ahle Bayt (a.s.). As mentioned in the tradition related by Abil Aswad from Abbad bin Tameem from his father, that he said, "I saw the Messenger of Allah (s.a.w.s.) perform Wuzu and wipe his feet."
And from Imam Muhammad ibne Ali ibne Husain ibne Ali ibne Abi Talib, Al Baqar (a.s.) while he was describing the method of the Prophet's wuzu said that the Messenger of Allah (s.a.w.s.) performed the Wuzu, wiped his head and wiped his feet upto the ankles with the water left on his hands. He did not take fresh (extra) water for it.
Ibne Abbas was describing the Prophet's Wuzu and he too mentions that the Messenger of Allah (s.a.w.s.) wiped his feet.
Similarly the Shias follow the Holy verse of Quran:
"...and wipe your heads and your feet to the ankles..."
(Surah Maidah 6:6)
According to the interpretation of this verse and the rules of Arabic grammar and also according to the rulings of the majority of scholars the command is to wipe the feet and not to wash them.
Sulaiman: But is not washing the feet a better way of purification?
Ja'far: Indeed, trying to achieve perfection is well and good, but it should conform to the rules of worship. It is also not necessary that the worshipper must understand the reason behind each prescribed ritual. Every act has material as well as spiritual aspects. The spiritual aspects are not known to anybody except the Almighty Allah. A Muslim is expected to perform his worship acts exactly as prescribed by Quran and hadith. It is not allowed to exceed the limits.
Now, as for your saying that washing of the feet purifies them, let me remind you that before the commencement of Wuzu one has to be sure that his face, hands, head and feet are Tahir (pure). Masah on Najis (impure) feet is invalid.
Moreover, if you are talking about extra precaution, you should know that the best way to achieve purification would be to take a bath before every prayer!
And do not forget that everything is to be considered clean (paak) until you learn of its Najasat (impurity). This is a rule agreed upon by all the scholars.
Sulaiman: What are the recommended (mustahab) rituals of Wuzu according to Shias?
Ja'far: The recommended part of Wuzu includes the washing of hands three times unto the wrist, rinsing the mouth thrice, and rinsing the nostrils thrice. After this begins the obligatory Wuzu. That is, washing of the face, then the right hand from elbow to the tip of fingers, then the left hand in the same way. Lastly, we have the masah of the head with the right hand and finally the masah of the feet as explained above. If you require more details, you can refer to books of Shia jurisprudence.

Sighting the New Moon
Sulaiman: We have some Shias in the neighbourhood. They are good people, Alhamdolillah. But sometimes they celebrate the Eid one or two days before us. What is your explanation for this?
Ja'far: All the Muslims agree on the Islamic command "Begin fasting on sighting the new moon and end your fasts upon sighting the moon." The day of Eid-ul-fitr separates the two months of Ramadhan and Shawwal. The Shias have not deviated from this Islamic practice. They believe in the sighting of moon in one of the following ways:
If a person himself sights the new moon.
If a number of people confirm to have sighted the moon and their words assure or satisfy a person.
If two just (Adil) persons say that they have sighted the moon.
If 30 days pass from the first of Shaban, the 1st of Ramadhan with be established, and if 30 days pass from the 1st of Ramadhan the 1st of Shawwal will be established.
According to the Shia school of law if any one of the conditions is fulfilled, it is sufficient to consider that a new moon has been sighted.
When there is no such condition or if one of them is not present, sighting is not proved even if a Shia person claims to have sighted the moon. Yes, sometimes the delay in sighting of moon is the proof that Shias are staunch followers of their laws and emphasise the correctness of their worship acts.
Anyway, ever if there is some disagreement with regard to the new moon it is not confined to Shias. Such differences of opinion are common to all sects of Muslims.
So much so, that there is difference even between Muslim countries as a practice.

Zakat
Sulaiman: Is it correct that Shias do not pay Zakat even though it is mentioned so many times in the Holy Quran? And instead of Zakat they pay Khums that is mentioned only once and consists of a fifth part of spoils of war?
Ja'far: It is not correct that Shias avoid paying Zakat as prescribed by the Holy Quran. Let us however first understand the meaning of Zakat:
According to the dictionary, 'Zakat' mean to purify, to clean or to bless. According to the Shariat, Zakat is a wajib act and it denotes the paying of a certain amount to those who qualify for it. Although every type of Sadqa and Khums are Zakat. But according to Islamic terminology and the belief of Shias, Zakat is one of the five pillars of religion. It is mentioned in the traditions that, Prayers will not be accepted from those who do not pay Zakat.
And if someone avoids giving one carat of Zakat, he will die a death of Jew or Christian.
Zakat is of two types: Zakat of wealth and Zakat of body. (Fitra).
Sulaiman: you said 'Zakat of wealth'. Do you pay Zakat on your wealth?
Ja'far: Yes! We pay Zakat on the following types of wealth:
1. Wheat
2. Barley
3. Dates
4. Raisins
5. Gold
6. Silver
7. Camel
8. Cow
9. Sheep
Whatever has been mentioned is fixed according to defined limits. This is also calculated after passage of one year. Zakat becomes wajib only when the quantity crosses the Sharii limit and a period of one year is over.
It is also recommended to pay Zakat on the wealth earned from business, on horses and all that is mined from the earth, like metals...
Please remember that in Quran whenever there is mention of Zakat it is mentioned as sadaqaat
"Alms are only for the poor and the needy, and the officials (appointed over them, and those whose hearts are made to incline (to truth) and the (ransoming of) captives and those in debts and in the way of Allah and the wayfarer; an ordinance from Allah; and Allah is knowing, wise."
(Surah Taubah 9:60)
We do not consider it Zakat of wealth. Zakat is mentioned as Sadaqat and it occurs only once whereas the word Zakat occurs very often and it implies all the payments that are incumbent on a person.
And in the end Khums is also mentioned only once. Zakat of wealth is mentioned only once in Quran. Wherever it is mentioned as Zakat it includes all types of charity (Sadaqat).
Sulaiman: And what is Zakatul Fitra?
Ja'far: Paying of Zakatul Fitra is wajib upon all. Generally it is to be paid at the end of the month of Ramadhan when we conclude the days of fasting. It is obligatory upon all the people who are mature, sane and self-sufficient to pay Fitra for themselves and for their dependants, like young children or aged parents etc. The prescribed quantity is a Saa. (3 Kg.) of wheat or barley or dates or raisins or rice or millet etc.
If you desire to learn more about Fitra you can study the detailed books of Islamic law.

Khums
Sulaiman: And what is Khums? It is said that it is a thing made wajib on you by your scholars, which is beneficial to them?
Ja'far: Naturally to say something like this is against reason. You should know that Khums is a religious duty, which Allah ordered:
"And know that whatever you gain, a fifth of it is for Allah and for the Apostle and for the near of kin and the orphans and the needy and the wayfarer, if you believe in Allah and in that which We revealed to Our servant..."
(Surah Anfal 8:41)
The above ayat was revealed on a particular occasion. However, it's command extends to all the times. And it is that Muslims must pay one-fifth of the profits (Ghaneemah). Secondly whatever they get without making efforts. For example, the spoils of war. The profits of business is known as ghaneema of business, etc. So how can we say that the ayat restricts khums only to the spoils of war?
It is clearly mentioned in the traditions of the Prophet of Allah (a.s.) and his Household (a.s.) that a person asked the Messenger of Allah (s.a.w.s.) to explain to him the articles of faith and he (s.a.w.s.) replied,
"Witnessing that there is no god except Allah and that Muhammad is the Messenger of Allah. Establishing the prayer, paying Zakat, fasting in the month of Ramadhan and paying one-fifth (khums) of profits."
(Sahih Bukhari chapter of Khums)
In the same way it is mentioned in the letters that the Holy Prophet (s.a.w.a.) sent to tribal chiefs to invite them to Islam. As mentioned in his letter to Yemen after they accepted Islam,
"The Governor should take the Khums of Allah from the booty. He should also take the Sadaqat which are wajib on Momeneen."
Sulaiman: If the paying of Khums is so clearly established in light of Arabic grammar why do the Sunni scholars not prescribe Khums other than on spoils of war, as an obligatory act?
Ja'far: Of course! Some of the esteemed scholars from our Ahle Sunnat brothers do prescribe khums for the mined wealth, and gold and silver. It is possible these people depend on the traditions recorded on this topic. Shias also give verdict on the Khums being wajib from the excess of profits every year. According to them it is based on authentic traditions. From the interpretation of Quranic Ayats too, khums is wajib.
Sulaiman: I would like to learn about the details of Khums.
Ja'far: Khums means 20% of religious tax that a Muslim pays on profits as mentioned in the Islamic shariat. Or the wealth of mines and whatever extracted in raw, etc. Also the wealth of the sea like pearls and coral. The land that is sold to Kafir Zimmi from a Muslim and that property that is earned from Haraam but not obvious and those mined (metals). On all these after the expenses are deducted, Khums is payable on the balance amount. Total profits of the year minus the yearly expenses also qualify for khums.
Dawood: What you have explained is according to the prescribed law of Khums. Tell me how you calculate the Khums payable by you?
Ja'far: In brief I would say that at the end of a year on an appointed day I calculate as to how much I have saved. And from this amount I take out 20% and pay it as Khums.
Sulaiman: Do you pay khums every year?
Ja'far: It is not necessary. If I do not save anything in a particular year I do not have to pay any Khums.
Sulaiman: Good! Now tell me the method of disposing Khums.
Ja'far: Khums is disposed off in the method prescribed by the verse of Khums (Surah Anfal 8:41). They are six: For Allah the Almighty, and His Prophet (s.a.w.s.), for the near of Kin (of the Prophet), the orphans, the needy and the wayfarer.
On this basis Khums should be divided into two parts. One part is Sahme Sadaat, it should be given to a Sayyid who is poor, or orphan, or who has become stranded without money during his journey. The second part is Sahme Imam (a.s.), and during the present time it should be given to a Mujtahid (jurist), who fulfils all conditions, or be spent for such purposes as allowed by that Mujtahid. As an obligatory precaution, that Mujtahid must be Aalam (the most learned), and well versed in public affairs.
Sahme Imam is usually spent for religious activities like religious propagation and construction of Mosques.
Sulaiman: One last question about Khums. It is said that it is used for violent (terrorist acts) purposes?
Ja'far: Terrorism is employed by intelligence agencies who do not mean good for Islam and Muslims. It is a well-known fact that they work to create discussion discord between nations, destabilise Kingdoms and kill innocent people. Now all this is haraam. Such people are not just, which is a necessary condition for Marja-e-Deen. (Thus he no longer remains a Marja' and could not be paid khums money).
Rather, it is proved beyond all limits that some intelligence agencies of powerful countries use public money collected as tax for subversive activities around the world. All this is in the guise of protecting Human rights.

Mujtahid (Juirst)
Sulaiman: You repeat the words Mujtahid and Marja-e-Deen again and again especially with reference to laws of Shariat. Who is this Mujtahid and Marja-e-Deen?
Ja'far: Mujtahid is derived from Ijtehad. Ijtehad implies the science of deriving the laws of Shariat. An expert in Ijtehad is known as Mujtahid. Ijtehad is a method that is accepted by all the schools of Islamic thought.
One who is unable to do Ijtehad himself must follow a particular Mujtahid. This is known as Taqleed. Among the Ahle Sunnat there were four great jurists viz. Ahmed Ibne Hanbal, Malik bin Anas, Abu Hanifa An-Noa'man and Idris Shafei. After the demise of these four Jurists the doors of Ijtehad were closed forever among the Ahle Sunnat. All the Ahle Sunnat have to follow one of the four jurists.
In the case of the Shias there is slight difference. During the time of the Holy Prophet (s.a.w.s.) he was the supreme authority on Islamic law. After him the position was transferred to Amirul Mo'mineen Ali (a.s.) and in succession the Holy Imams of Ahle Bayt (a.s.) till the major occultation of Imam Mahdi (a.s.). Till that time whenever any Shia had a religious problem he used to contact the Imam of his time and obtain the solution. Since the Major Occultation became a barrier between the twelfth Imam (a.s.) and the Shias in the sense they could not meet him at will, the Imam told them:
"And as for the future occurrences, refer to the narrators of our traditions because they are my proof upon you and I am the proof of Allah."
The above command of Imam Mahdi (a.s.) became the foundation of Ijtehad and Taqleed among the Shias.
The Mujtahids in course of their duty are involved in the derivation of religious rules and in welfare of Muslims from that time till the present Age.
Mujtahid to qualify as a Marja must have the following qualities: Justice, Maturity, Male, Sane. He should attain a position of knowledge that is the high stage of Ijtehad. He should be legitimate and alive. But it is allowed to follow a dead Marja on one condition. And it is that the Mujtahid who is alive should give the permission and one must have been in his taqlid while the Mujtahid was alive. Details are mentioned in the concerned books.

Ayatullah. Hujjatulla.
Sulaiman: It is noticed that you liberally use various titles and honorifics for your scholars and Mujtahids. Can you explain them?
Ja'far: It is human psychology that we are thankful to those who have bestowed some favours upon us. One respects such a personality and addresses him in words of respect. Such a phenomenon is especially common among the world of politics where we find the masses addressing the leaders and kings with exaggerated titles. Sometimes they even exceed the limits of decency.
The traditions state that the angels spread their wings beneath the feet of scholars and Allah leads to Paradise those who tread the path of knowledge. The Holy Quran also relates the fear of Allah to knowledge:
"Only the knowledgeable fear Allah from among His servants."
(Surah Fatir 35:28)
The title of Ayatullah (sign of Allah) befits the scholars of religion who have reached the status of Mujtahid. The Holy Quran has used the term Ayatullah even for non-living things and animals:
"...this is (as) Allah's she-camel for you - a sign..."
(Surah Araaf 7:73)
"And of His signs are the night and the day and the sun and the moon..."
(Surah Ha Mim 41:37)
"Therefore We sent upon them widespread death, and the locusts and the lice and the frog and the blood, clear signs."
(Surah Araaf 7:133)
What do think of those who had undergone great labours for deriving the laws of Shariat that are a light and guidance for the world? Ayatullah is that characteristic and sign of these labours.
And Hujjatullah means the Proof of Allah. He is the proof and argument. Verily those who possess piety and knowledge of religion and serve Islam and Muslims clearly deserve to be addressed with the title of Hujjatullah.

Muta' Marriage
Sulaiman: Now I wish to discuss an issue most controversial among the Shias. You call it Muta'. How do you defend your stand when there is hardly any difference between Muta' (temporary Marriage) and Adultery?
Ja'far: I seek refuge in Allah! How can you equate the two?
Sulaiman: Whenever you are confronted with traditions against Muta' you put an end to all arguments and refrain from discussions.
Ja'far: This is not correct. There are no such traditions. However, your equating Muta' to Adultery is a cause of great regret. You label a permissible act to be haraam.
Note that! There are many things in which there is a hairbreadth difference of halaal and haraam. For example, there is difference between Marriage for a period and after divorce is given? Except for a seegha that is recited. Apart from this the presence of witness (as some sects consider it compulsory). But we are accused of permitting adultery because we consider Muta' Marriage halaal.
Sulaiman: I apologise for this unintentional misunderstanding, but I request you to describe to me the details of Muta' Marriage.
Ja'far: Muta' is a fixed-term marriage. The basic difference between Muta' and Nikah (permanent marriage) is that in Nikah there is no time limit. However a Nikah can be terminated by divorce. Muta' is the same as Nikah except that time is stipulated at the outset and it comes to an end at the appointed time. The Maher (dower) and the time limit have to be decided beforehand. Just as in Nikah the seegha (formula) is recited by the bride and accepted by the bridegroom.
Muta' can also be terminated before the time limit by gifting the balance time to bride.
After the Muta' the woman has to observe iddah (a period of time before she can remarry).
Sulaiman: What if there are children from this type of union?
Ja'far: Children of Muta' marriage have the same status and rights as that of permanent marriage. They inherit their parents and command the same position with their siblings. All the rules of Mahramiyat (religious formality) apply to them.
Sulaiman: What about the maintenance of wife and inheritance?
Ja'far: In a Muta' marriage the husband is not obliged to bear the cost of maintaining the wife. Also, the spouses do not inherit each other in this form of marriage.
Sulaiman: Through which law of shariat do you consider Muta' legal?
Ja'far: All the Muslims agree that Muta' was permitted by the Holy Prophet of Islam (s.a.w.s.). They differ as to whether the permission for Muta' was abrogated later or not. The Shias base their argument on the following verse of the Holy Quran:
"Then as to those whom you enjoy (do Muta' with), give them their dowries as appointed..."
(Surah Nisa 4:24)
If we study the biographies of the Companions of the Holy Prophet (s.a.w.s.) we learn that quite a few of them had resorted to this practice. Various traditions recorded in 'Sahih' books of traditions certify this fact. In Sahih Muslim Ata relates:
"Jabir bin Abdullah Ansari came to Makkah for Umrah. We went to see him at his residence. Those present asked him questions and later enquired about Muta'. He replied, "Yes, we practised Muta' in the days of the Holy Prophet (s.a.w.s.) and acted on this order even in the days of Abu Bakr and Umar."
It has again been quoted thus in another tradition in Sahih Muslim from Jabir, "In the days of the Holy Prophet (s.a.w.s.) we practised Muta' for a few days against a small dowry and did so in the time of Abu Bakr till Umar prohibited it in the case of Amr bin Harith."
(Sahih Muslim Vol. 2, Pg. 706-English)
Sulaiman: Does it mean that there is a difference of opinion among Muslims regarding the legality of Muta'?
Ja'far: Some Muslims believe that the permission for Muta' was abrogated later. However, the Shias believe that Muta' was never forbidden and the permission given by the Prophet (s.a.w.s.) is still in force. The traditions quoted above also prove that Muta' was practised in the time of Holy Prophet (s.a.w.s.), Abu Bakr and the initial period of Umar. Then Umar prohibited it. Shias do not follow the command of Umar because it goes against the established tradition of the Prophet:
"The Haraam of Muhammad will remain Haraam till the day of Qiyamat and the Halaal of Muhammad will remain Halaal till the day of Qiyamat."
(Behaarul Anwaar Vol. 2, Pg. 260)
Sulaiman: I have a last question on this topic. Does it mean that you do not restrain your daughter or sister entering into a Muta' wedlock?
Ja'far: It is not necessary every halaal thing has to be necessarily performed! It is also not necessary that the Islamic Shariat be always according to our needs. Muta' is a special permission allowed by Shariat. It is a facility given for difficult circumstances. The permissibility of Muta' does not motivate people to replace by it the permanent marriage. Like the permissibility of talaq does not make it wajib upon all of us to give talaq to our wives! And as it is the right of the woman and her guardian to insist on a permanent marriage just as she can insist on enquiring about body defects, characteristic, profession of the would be groom and qualification etc. before she offers herself for marriage. If she like she can refuse to marry. In spite of the fact that these factors are not Sharii obstacles from marriage. In the same way all these things are valid for Muta' Marriage.
This can be compared the various professions. Some people are doctors or engineers and some are sweepers. All these are occupations, but generally they have different status. In the same way marriages are of different types. People prefer the better alternative. But if one is compelled to a lower alternative we must not look at it insultingly.

Taqaiyya (Dissimulation)
Sulaiman: After this round let me tell you that our discussion even if it is not interesting, at least it is sober and satisfactory arguments have been presented. But how can I rest assured when I am aware that you people practice taqaiyya and you hide your true views and feelings. Some people have even termed it as nifaq (Hypocrisy).
Ja'far: It is necessary that we must closely examine our subject as I had stated in the beginning of our discussion on Muta'. There was a hairbreadth difference between haraam and halaal. In the same way there is a hairbreadth difference between nifaq (Hypocrisy) and taqaiyya (dissimulation).
Taqaiyya means, to protect, to defend or to be cautious. Hypocrisy implies feigning belief and hiding disbelief. In the case of Taqaiyya, the Shias show whatever they do not hide inside themselves. Also it is not impossible for those who claim such things to go to the Shias and visit their mosques, Imambaras, schools and internet channels, the Hauz-e-ilmia. Are all well-known - there are ulama, maraja and it is easy for everyone to meet them, correspond with them and learn about them. Shias live in every country in the midst of other people. It is easy to meet them and to find what they allegedly hide. It is easy for those who allege as such. But Shias themselves say that they do not have such things and the writers and programme organisers are invited to investigate and publish their findings in the official as well as the private media.
Sulaiman: Then what is Taqaiyya?
Ja'far: Taqaiyya is a religious permission that people use according to fitrat (psychology) when they or others are in danger of belief or of the necessary things in life, like wealth, life or property.
The following ayats of the Holy Quran say,
"And a believing man of Firon's people who hid his faith said: What! Will you slay a man because he says: My Lord is Allah, and indeed he has brought to you clear arguments from your Lord?"
(Surah Ghafir 40:28)
And,
"And whoever does this, he shall have nothing of (the guardianship of) Allah, but you should guard yourselves against them, guarding carefully."
(Surah Aale Imraan 3:28)
Sulaiman: Is Taqaiyya allowed in Islam?
Ja'far: Yes! This was in the early period of Islam when the Holy Prophet (s.a.w.s.) and his companions used Taqaiyya for hiding their faith. At that time they used to assemble in the house of Arqam. And when Musaylama Kazzab took two Muslims as prisoners and asked one of them to accept that he was the prophet of Allah. He did, and his life was saved. The other did not agree to this and he was killed. The news reached the Holy Prophet (s.a.w.s.). He said regarding the first one, "He has acted upon the permission given by Allah." As for the second one he said, "He is a martyr."
(Refer The Shia Origin and Faith- Ayatullah Kasif al-Ghita)
And quoted the following ayat.
"He who disbelieves in Allah after his having believed, not he who is compelled while his heart is at rest on account of faith, but he who opens (his) breast to disbelief - on these is the wrath of Allah, and they shall have a grievous chastisement."
(Surah Nahl 16:106)
Everyone agrees that the above ayat was revealed for a group of people who were forced to utter disbelief. Some of them were tortured and others killed. Whereas, Ammar Yasir said what they wanted him to say and he was released. Some people said Ammar has become a Kafir. The Holy Prophet (s.a.w.s.) said, "It is not so. Ammar is filled with faith from the head to toe. Faith is mixed in his blood and flesh."
Ammar came weeping to the Holy Prophet (s.a.w.s.). The Prophet (s.a.w.s.) asked him,
"What happened to you?"
Ammar said, "O Prophet of Allah (s.a.w.s.)! I was not released till I uttered something about you and remembered their gods in good words."
The Holy Prophet (s.a.w.s.) wiped the tears of Ammar and told him,
"If these people again compel you, you again say what you have said."
(Tafsir Majmaul Bayan, under tafsir of ayat 16:106)
Then this ayat was revealed. Thus Taqaiyya is a legal permission. Its conditions vary from time to time. Sometimes it is Mustahab, at other times it is wajib and still at some other time it may be haraam. Like when sacrifice is more important than life or property.
It is for this very fact that we see some Shia personalities how they sacrificed their life rather than practice Taqaiyya. And they did not have any deficiency in their sacrifice.
Like Meesam Tammar, Hujr Adi, Amr bin Hamaq al-khuzaae, Rushayd Hijri. Taqaiyya is a natural occurrence, a man takes refuge in it when he feels danger to himself or to his dependants. Then if an army of your enemies comes to you and asks you about what weapons you have. In such circumstances what do you do? Tell the truth or take refuge in Taqaiyya?
Sulaiman: Then why is this Taqaiyya associated only with the Shias when it is an Islamic component?
Ja'far: Yes this is more related to Shias because Shias in history have gone through great difficulties, afflictions and had in their fate many trials and tribulations that were not faced by other people. Especially during the rule of Bani Umayyah. When anyone even doubted to be a Shia was put to death. What was the reason? Just that he was a devotee of Ali (a.s.)? One of the practices initiated by the Umayyad Caliph was the cursing of Ali (a.s.) from the pulpits. And anyone suspected of having love of Ali (a.s.) was put under surveillance. The matter became so serious that people stopped naming their children with such a blessed names and they used to fear uttering the name of Ali (a.s.). They used to say 'Zainab's father said' or 'the Shaykh said' while relating the traditions of Ali (a.s.). The people preferred to be called 'heretics' rather than 'Shias'.
Under those circumstances it became obligatory upon Shias to protect their faith and protect themselves and prevent the obliteration of their individuality. Till the time when by the Grace of the Almighty they were able to transfer their knowledge, religion and Marefat (Recognition) to a situation when it became safe for them. Here Taqaiyya played a great role in protecting the Shias just as the Book (Quran) and the house of Arqam protected Islam in the nascent stages and Prophet's life.

Some Lesser Known Facts
Sulaiman: But what do you say of those traditions that are associated with Imams (a.s.) that prove those things that you refuse in your discussions? Apart from this there are some debates and books. They say the opposite of what you try to justify.
Ja'far: As I had said in the beginning, we do not consider authentic all traditions that are associated with Imams (a.s.) and the Prophet (s.a.w.s.). The authenticity of the traditions is scrutinised by the scholars. They test the tradition on the basis of Quran. Only traditions that are compatible with Quran are taken and the rest discarded. As for the books and sayings, the Shias do not differ from other sects in this matter. Some very rare things are present here and some of the things have come to be included in Shia books from people based on their personal Ijtehad. These have become tools in the hands of those who wish to vile the Shias. As far as beliefs are concerned, there is no Taqleed in it like worship acts and other rituals. Every mature and sane person is under obligation to shape his own belief after satisfying his heart.
But it should not be a hurdle in asking help and guidance from the scholars and jurisprudents. Every person has to be either a Mujtahid (That is he should be capable of deriving the laws of Shariat from Quran and Hadith.) Or he should act on precaution. Or he should become the Muqallid (follower) of a Mujtahid who is accepted by a great number of people as Maraja, and who fulfills all the conditions.

Tawheed - Confession (Kalimah) of Muslims
Sulaiman: Lastly, I would like to know what in your opinion are the reasons for differences between the Shias and Ahle Sunnat?
Ja'far: As far as I think the following are some of the common reasons:
Baseless allegations against each other.
The refusal of Ahle Sunnat to follow the traditions of the Holy Prophet (s.a.w.s.) related through the Imams of Ahle Bayt (a.s.).
Lack or absence of dialogue between the Shias and Sunnis to understand each other instead of heaping baseless allegations among themselves and maintaining an illogical stance.
Sulaiman: How can we achieve unity between the two sects?
Ja'far: I suggest implement the following steps:
We must refer to the Holy Quran and the traditions of the Holy Prophet (s.a.w.s.) to find the correct Islamic laws. We must refrain from calling the people of Qibla as Kafirs (Infidels) and before forming an opinion about anyone we must see if it is correct.
We must not consider all the narrators of traditions and all the companions of Prophet (s.a.w.s.) to be infallible.
We must open many channels through the various media, public or traditional, so that people may understand each other in a responsible way.
We must beware of the real danger that face the Muslim community. And we must defend ourselves collectively from our common enemies who are always plotting to harm the Muslims.
We must first identify the priorities and take up the challenges facing us.

Accusing a Muslim of Infidelity
Sulaiman: In the end, what will you do if the Sunnis are not satisfied then? In other words do you believe in the infidelity of those people who do not believe in Imamate and other things that you believe? The principles that Sunnis do not believe in?
Ja'far: According to Shias, Ahle Sunnat are brothers in Islam. They only differ on the issues of Imamat, some beliefs and Islamic practical law. There are more points of similarity (agreements) but most important of all they confess to the Oneness of Allah, the Prophethood of the Last Messenger (s.a.w.s.) and face the same Qibla. This much is sufficient for their being Muslims. This is according to the verdict of our Holy Imams (a.s.) and the learned scholars.
But some few Shias oppose those Sunnis (extremists) those who never stop from accusing the Shias of disbelief and polytheism. Actually they are themselves far from true belief and do not know what is disbelief.
In Sahih Bukhari and Sahih Muslim there is a tradition narrated by Uthman bin Affan from the Messenger of Allah (s.a.w.s.):
"Allah has prohibited the Fire of Hell upon the flesh of one who knows in his heart that Allah is his Lord and that I am His true Prophet."
(Sahih Muslim Vol. 1, Pg. 22)
The Messenger of Allah (s.a.w.s.) has also said:
"Do not call the people of your community Kafirs (disbelievers) even if they commit greater sins."
(Kanzul Ummal Vol. 1)
And,
"One who accuses a believer of Kufr (disbelief) has actually murdered him. And one who kills a person without an excuse will be punished by Allah as a murderer."
I request you refer to Kanzul Ummal of Muttaqi Hindi (vol. I) for more details. Ibn Hajar says:
"One group believes that no Muslim should be labelled as infidel or transgressor only upon the basis of his/her sayings and verdicts. And if one of them does Ijtehad, he will be rewarded twice if he is right, and once if he is wrong."
And this is also the opinion of Ibne Abi Laila, Abu Hanifa, Shafei, Sufyan Thawri, Dawood bin Ali and of all those whom I know. There is nothing in the books of traditions to contradict this.
(Al Fazl vol. 3, pg. 247)
Sulaiman: Communication between Shias and Sunnis should become a reality and you Shias allegedly are aloof from this type of natural interchange of ideas.
Ja'far: This is a shallow accusation. The reality belies it. From the time immemorial all the people are mixed in every field and in every walk of life. There are followers of both the sects in the defence forces and there is no kind of compartmentalisation. This belies the opinion of those who think there is no unity among the people. But some extremism in understanding religious beliefs and ignorance of some facts about Shias have caught some people in the quicksand of accusing a Muslim of infidelity.
Sulaiman: No, I meant in personal dealings.
Ja'far: The Imams (a.s.) used to make bequests to their Shias even during the period when the Muslim community was filled with all sorts of injustices and oppressions, that they should continue to maintain relations with their Muslim brotheren. Imam Sadiq (a.s.) was asked by his Shias, "How should we deal with (Sunni) people who are not on our faith?" He (a.s.) said, "Visit their sick, and attend their funerals..."
(Behaarul Anwaar Vol. 81, Pg. 249)
Sulaiman: But you quote a tradition that 'one who dies without recognising the Imam of his time dies the death of ignorance?'
Ja'far: Let me tell you again. According to the Shias anyone who confesses 'La ilaaha illallaah Muhammadur Rasoollullaah' is a Muslim. All the scholars agree to this. Moreover, it is not necessary that to be a Muslims one has to believe in all the points of belief.
If a Muslim does not believe in a particular aspect he does not become an infidel.
Secondly, the above tradition has been recorded in the books of Shias as well as Ahle Sunnat. In this tradition the Messenger of Allah (s.a.w.s.) intends to stress the importance of Imamat. It is not the definition of Kafir.
I can explain this further by quoting a similar type of hadith. The Prophet (s.a.w.s.) said,
"He dies a death of a Jew or a Christian, one who is capable of performing Hajj but does not, and dies."
It does not mean that we consider such a Muslim a disbeliever and refrain from attending his funeral etc. No. It was only to highlight the importance of Hajj that the Prophet (s.a.w.s.) used this method.
The hadith of recognising the Imam is especially for explaining the importance of the belief in Imam Mahdi (a.t.f.s.). But one does not become a Kafir if he lacks this belief.
Sulaiman: I thank you and invocate Allah the glorified that He guide us in whatever He loves and is pleased with. I pray that all Muslims unite against their common enemies and the enemies of Allah, and help each other. And keep us safe and sound in our country and remove our difficulties and shower blessings on our martyrs.
Ja'far: Aameen Rabbal A'lameen. (Amen, O' the Lord of the worlds.)83 84

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