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According to the Fatawa of:
Hadrat Ayatullah al-Uzma as-Sayyid al-Hajj Ali al-Husaini as-seestani
Translated by:
Saleem Bhimji
Table of Contents
Introduction to Islamic Principles
In the Name of Allah, Most Gracious, Most Merciful
The practical laws of Islam that are related to the actions that one must perform and those that must be avoided, and are the responsibility of everyone to learn, are called the Ahkam (rules).
Every action that a person performs has a specific ruling in Islam. The various actions that we perform, which are related to our responsibility (to Allah) are divided into five categories: Wajib, Haram, Mustahab, Makruh, and Mubah.
Wajib: Those actions which must be performed, and turning away from them, incur Allah's punishment - for example Salat, and Sawm.
Haram: Those actions which must be avoided, and performing them incur punishment from Allah, like lieing and oppression.
Mustahab: These are actions which are recommended to be performed and earn the person a reward, but turning away from such actions does not incur punishment from Allah - for example saying Salam and giving Sadaqa.
Makruh: Those actions which are better if not performed, and if avoided, earn a reward, but if performed, do not accompany a punishment - for example, blowing over hot food and eating hot food.
Mubah: Those actions whose performance or turning away from are equal; meaning neither gets a reward, nor punishment - for example walking or sitting.

Ijtihad and Taqlid
A person is able to perform the rites of Islam, either by way of "Ijtihad" or "Taqlid".
"Ijtihad" refers to the intense struggle in the way of extracting the rules of Islam from their sources, of which the most important are The Qur'an and the Ahadith of the Masumin (Peace be upon all of them) after learning the necessary sciences (of Islam) that enable the person to be able to extract the Ahkam from their sources. A person who has this intellectual power is called a "Mujtahid".
"Taqlid" means following and to go behind someone, and in the context of Islam, refers to following a Mujtahid; meaning a person performs his responsibilities according to the fatawa of a Mujtahid.
ISSUE 1: A Mujtahid to whom others do taqlid, is referred to as a "Marja' Taqlid", and the person who does taqlid is called a "Muqallid".
ISSUE 2: Someone who is not a Mujtahid, and is not able to derive the rules and commandments of Allah from their sources must do taqlid to a Mujtahid; meaning he must perform his responsibilities according to the fatawa (of a Mu;'tahid), or act according to Ihtiyat.
ISSUE 3: Acting according to Ihtiyat means that one performs ones actions in such a way that he has certainity that he has fulfilled his responsibility (to Allah). For example, if a group of Mujtahidin consider an action haram, and another group do not consider that action haram, one would not perform that action; and if some Mujtahidin consider an action wajib, and others consider it mustahab he would perform that action.
ISSUE 4: The responsibility of most people in the rules of Islam is to perform taqlid, because the number of people who are able to perform the rules of Islam by reaching Ijtihad or by practicing Ihtiyat are few in .
ISSUE 5: The Mujtahid to whom one does taqlid to, must be:
Just (Adil)
Shi'a Ithna-Asheri
In the rulings where is it clear that there are differences, must be the most knowledgeable (A'lam).
ISSUE 6: If the Mujtahid to whom a person is doing taqlid to, passes away and he was more knowledgeable than the other Mujtahidin who are living, the Muqallid must stay on the taqlid of the Mujtahid who passed away. But if among the Mujtahidin who are alive, one is more knowledgeable that the one who passed away, one must do taqlid to that Mujtahid who is alive and who is the most knowledgeable.
ISSUE 7: A'lam is that person who is the most strong from among the Mujtahidin in extracting the rules of Islam from their sources.
ISSUE 8: There are three ways to distinguish the Mujtahid and the most knowledgeable:
A person himself has certainity; for example he himself is of the "People of Knowledge" and himself is able to discern who is a Mujtahid and A'lam.
The statement of two knowledgeable and Just people, who are able to discern who is a Mujtahid and A'lam, on the condition that two knowledgeable and Just people do not go against their statement, and if someone goes against their statement, the statement of a person whose investigation was deeper should be accepted, and even if one person whom one has trust in, states that one is a Mujtahid or A'lam.
A group of the "People of Knowledge" who are able to determine who is a Mujtahid and A'lam, if they verify who is a Mujtahid or A'lam, and if one finds certainity in their words.
ISSUE 9: The ways to obtain the fatawa of the Mujtahid are:
Hearing it from the Mujtahid himself.,
Hearing it from two Just people.
Hearing it from even one person in whom one has certainity in his words.
Seeing it in the Resalah of the Mujtahid, as long as one has certainity in its authenticity.
ISSUE 10: If a person does not know if the fatwa of the Mujtahid has changed or not, and even if he has a doubt that his fatwa has changed, he is able to act upon that which is written in the Resalah, and it is not necessary for him to do any investigation.
ISSUE 11: It is wajib (mandatory) that a person learns those rules which he will always be in need of.

The difference between Ihtiyat Mustahab and Ihtiyat Wajib
ISSUE 12: Ihtiyat Mustahab always accompanies a fatwa, meaning, in that ruling, along with the Mujtahid expressing his opinion, he also gives an precautionary measure, and in that ruling, the Muqallid can act either according to the fatwa or the Ihtiyat, and is not allowed to refer to another Mujtahid. An example of this is:
Washing a najis dish in Kurr Water once makes the dish tahir, although the Ihtiyat is that it is washed three times.
Ihtiyat Wajib does not accompany a fatwa, and the Muqallid must act according to that Ihtiyat, but he is also able to refer this rule to another Mujtahid (perform Ruju) to whom it is permissable to do taqlid to - for example:
The Ihtiyat is that one does not perform sajdah on the leaf of the grape tree.

Taharat (cleanliness) and keeping a clean body and surroundings are very important in Islam. Everyone must refrain from eating and drinking those things which are najis; and the clothing that one wears for Salat, which is the best of actions in worshipping Allah, must be clean, and it is best that they are the most pure of clothing. Because of this, it is necessary to know what things are najis and if something is najis, the method of making them tahir.
ISSUE 13: Everything that exists is tahir except for eleven things, and those things that comes into contact with them also become najis.
ISSUE 14: The things which are najis, are the following:
1. Urine
2. Stool
3. Semen
4. Corpse
5. Blood
6. Dog
7. Pig
8. Alcohol
9. Beer (According to Ihtiyat Wajib)
10. Kafir
11. The sweat of a najis eating animal.
ISSUE 15: The urine and stool of humans and all animals whose meat is haram and whose blood gushes, are najis.
ISSUE 16: Animals are in two categories: some have blood that gushes out;
meaning if their neck is cut, the blood comes out with force, and other animals have blood that does not gush out; meaning that if their neck is cut, the blood does not come out with force.
ISSUE 17: The urine and stool of animals whose meat is halal, like the cow and sheep, and animals whose blood does not gush out, like the snake and fish, are tahir.
ISSUE 18: The urine and stool of animals whose meat is makruh to eat, like the horse and donkey, is tahir.
ISSUE 19: The urine and droppings of birds whose meat is haram, like the eagle, are tahir.
ISSUE 20: The droppings of small animals, like the mosquito and fly that do not have meat, are tahir.
ISSUE 21: According to lhtiiyat Wajib, one must avoid the urine of animals whose meat is haram and whose blood does not gush forth.

The Rules of the Corpse
ISSUE 22: Any animal that dies on its own, or that has been slaughtered in a way not prescribed by Islam is called a corpse.1
ISSUE 23: The corpse of an animal whose blood does not gush out; like the fish, is tahir.
ISSUE 24: As for the corpse of an animal whose blood gushes out; the parts that contain no life like the hair, and horns, are tahir; and the parts that contain life, like the flesh and skin, are najis.
ISSUE 25: All parts of the body of the dog and pig - whether living or dead - are najis.
ISSUE 26: The complete body of a person who has died, no matter how recently he died, and his body has not yet gone cold (except the parts which contain no life, like the nails, hair, teeth, etc...) is najis.
ISSUE 27: Once the dead body has been given a ghusl, the complete body is tahir.
ISSUE 28: It is not necessary to perform a ghusl, and shroud the body in a kafan for someone who fights in the way of Allah to protect Islam and is killed on the war front.

The Rules of Blood
ISSUE 29: The blood of people and every animal whose blood gushes out, like the chicken and goat, is najis.
ISSUE 30: The blood of animals whose blood does not gush out, like the fish and mosquito, is tahir.
ISSUE 31: It is Ihtiyat Mustahab to avoid eggs that have even a small drop of blood in them.
ISSUE 32: It is not necessary to avoid the spit that is mixed with the blood that comes out from around the teeth (gums) once it is mixed with the saliva of the mouth.

How does something become Najis?
ISSUE 33: If something tahir comes into contact with something najis, and one of these two things is wetter than the other and the wetness of one reaches the other, the tahir thing becomes najis.
ISSUE 34: If a person does not know if something tahir has become najis or not - it is tahir, and research and investigation is not necessary, even if one is able to ascertain if the tahir thing has become najis.
ISSUE 35: Eating and drinking najis things is haram, and it is also haram to feed such things to other people.

ISSUE 36: Mutahirat are those things which make najis things, tahir. Some of the mutahirat, or purifiers, are the following (there are many others which have not been included in this book):
1. Water
2. Ground
3. Sun
4. Islam
5. Removal of the Najasat (by the conditions which will be explained.)

The Rules of Water
Water has many different divisions, and knowing them will help us better understand the rules related to them.
ISSUE 37: Water is either Mixed or Pure.
Mixed Water: That water that has been taken from something, for example apple juice, or watermelon water, or water that has been mixed with something in such a way that it can no longer be called water, like juice.
Pure Water: That water which is not mixed.
ISSUE 38: Mixed Water:
With mixed water, it is possible to make something that is dirty, clean, but it can never make something that is najis, tahir. (And because of this, it is not counted as a Mutahirat)
If mixed water comes into contact with a najasat, it will become najis - however small an amount the najasat is, and even if the smell, colour or taste of the water has not changed.
Wudhu and ghusl done with this water, is void

The Divisionsions of Pure Water
ISSUE 39: Water - either springs forth from the ground, falls from the sky, or neither gushes, nor falls.
Water that comes from the sky is called Rain Water:
Water that springs forth from the ground, if it flows like the water of a well or river, is called Running Water; and if it does not flow, is called Still Water.
Water that does not gush out from the ground, and does not come from the sky, if it is in the amount that will be mentioned in the next rule, is called Kurr (large quantity of water) - and if it less than this specified amount, it is called Qaleel (small quantity of water).
ISSUE 40: An amount of water, that if put into a container whose length, width, and bredth are 3 hand spans each becomes filled, it will be a Kurr. And if the collection of this water is 36 hand spans, it will also be sufficient.

Qaleel Water
ISSUE 41: Qaleel Water (less than a Kurr) - as soon as it comes into contact with a najasat, will become najis, unless it is applied with force onto a najis thing, and in this event only that amount that comes into contact with the najasat will become najis. For example, if a container contains water, and this water is poured onto an object from above, only that amount of water that comes into contact with the najasat will be najis, and the water "above," meaning in the container, will be tahir.
ISSUE 42: If Kurr or Running Water is connected to an amount of Qaleel water that is najis, and becomes mixed, it will become tahir (for example, if a small container full of water is najis, and water from a tap that is connected to a Kurr is made to flow into the container, and this water mixes with the water in the container, it becomes tahir), but if the smell, colour or taste has changed due to the najasat, that amount of water that has taken on the smell, colour or taste of the najasat must be removed.

Kurr, Flowing and Well Water
ISSUE 43: All the divisions of Pure Water are tahir, as long as the smell, colour or taste has not changed due to the najasat, (with the exception of Qaleel Water). If, because of coming into contact with a najasat, the smell, colour or taste of the water takes on that of the najasat, that water will become najis. (Flowing Water, Well Water, and Kurr Water and even Rain Water all share this same ruling.)
ISSUE 44: The water in the pipes of the showers in those buildings that are connected to a supply of Kurr Water, fall into the category of Kurr Water.
ISSUE 45: Some of the specialities of Rain Water:
If rain falls on something najis once that does not contain an 'Ayn Najasat2, it will make it tahir, unless the body or clothing has become najis by urine, in which case, according to Ihtiyat Wajib, it must be washed twice by rain water.
If it falls on a najis rug or najis clothing, it is not necessary to squeeze the water out, it will simply be considered tahir.

2 An 'Ayn Najasat is something that in itself if najis, like urine or blood, and a Muta-Najis is something that in itself is not not najis, dut has been made najis.
If it falls on najis ground, the ground will be made tahir.
Any time rain water collects in a place, even if it is less than a Kurr, it will have the ruling of Kurr Water, and therefore if a najis item is washed in such water while it is raining, and as long as the smell, colour or taste of the water does not change, the object will become tahir.

How to wash something Najis in Water
ISSUE 46: To make something tahir, which is najis, the najasat must first be removed, then, it must be washed in water in the way which will be explained in the following rules.
ISSUE 47: A najis utensil - once the najasat is removed, must be washed three times with Qaleel Water; and according to Ihtiyat Wajib, it must also be washed three times with Running Water or Kurr Water.
ISSUE 48: A najis utensil can also be washed in the following manner:
Kurr Water: Dipping it in and taking it out of Kurr water three times.
Qaleel Water: Fill the utensil with water, and empty it out and repeat this three times; or pour an amount of water in the dish/utensil three times, and after each pouring, shake the dish in such a way that the water reaches to all the najis parts, and empty it out (after every pouring, and shaking).
ISSUE 49: Rugs, clothing and items like these that soak up water (absorb water) and that can be squeezed or wrung out can be made tahir by using Qaleel Water (by following the method) that after each washing, the item must be squeezed so that the water that has soaked in is removed. This can also be done in any other method (that allows the water that has be soaked in to come out), but if Kurr Water or Flowing Water is used, it is not necessary to squeeze out the water.

The Ground
ISSUE 50: If while walking, the bottom of the feet or the bottom of the shoe becomes najis, by walking or rubbing it on the ground, it once again becomes tahir, with the conditions that the najasat is removed and the ground also must be:
Dry, according to Ihtiyat Wajib
If an 'Ayn Najasat like blood and urine or a Muta-Najis thing like mud which has become najis, is found on the bottom of the foot or sole of the shoe, then by means of walking or by rubbing it on the ground it is removed. If the 'Ayn Najasat is removed before walking or before rubbing it on the ground, according to Ihtiyat Wajib, it will not become tahir. The ground must be of dirt, sand or gravel, rocks, a brick floor and things like this.
According to Ihtiyat Wajib, the bottom of the shoe or foot must have been made najis by means of contact with the ground.
ISSUE 51: If by walking or rubbing on the ground, the najasat on the bottom of the shoe or foot is removed, it will be tahir, but it is better that a minimum of 15 steps are walked.

The Sun
ISSUE 52: The sun (with the mentioned conditions) will make the ground, buildings, and walls tahir.
ISSUE 53: With the following conditions, the sun is a purifier:
The najis thing is wet, in such an amount that if it comes into contact with something else, it will make that thing wet too.
By the rays of the sun, the najis thing is dried; and if any wetness remains, it will not be tahir.
Things like the clouds or a curtain should not prevent the sun from shining (onto the najis item), unless it is thin such that it does not prevent the sun from shining (onto the najis item).
The sun itself dries the item; for example it is not dried by the help of the wind.
While the sun is shining, there is no 'Ayn Najasat on the item, so then if a najasat remains it must be removed, before having the sun shine on it.
The part outside and inside of the wall or the floor must all be dried in one time, so if the outside dries one day, and the inside part the next day, only the outside will be tahir.
ISSUE 54: If the ground or things like this become najis, but there is no wetness remaining, it is permissable to pour some water or something else on it to make it wet, then when the sun shines and it dries, it will become tahir.

ISSUE 55: The non-Muslim is najis, but if he recites the Shahadatain, he will become a Muslim. For example, he says:
( )
( I testify that there is no god except Allah,
and I testify that Muhammad is His Messenger )
And by saying this, his complete body is made tahir.
ISSUE 56: It is not necessary that the Shahadatain be recited in Arabic, rather, the translation of it in any language is sufficient.

Removal of the 'Ayn Najasat
ISSUE 57: In two instances, the removal of the 'Ayn Najasat makes something tahir, and it is not necessary to wash it with water.
1. The body of an animal: For example, a beak of a chicken who is eating a najasat, once the najasat is removed from the beak, the beak is tahir.
2. The inside of the body: For example, if the inside of the mouth, nose and ear come into contact with a najasat from an external source, they become najis, however with the removal of the najasat, those parts become tahir; but an internal najasat, like blood that comes out from the gums of the teeth, does not make the internal of the body najis, and the same goes for something external that comes into contact with something najis inside the body - that external thing will not be najis. So then, if the artificial teeth in the mouth come into contact with blood from the gums, it is not necessary to wash the mouth with water, but if the teeth come into contact with najis food, then the mouth must be washed with water (before eating).

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