(' Abd al-Wahhab Khallaf:) There is nodisagreement among the scholars of the Muslimsthat the source of legal rulings for all the acts ofthose who are morally responsible is Allah MostGlorious.

The question arises, Is it possible for themind alone, unaided by Allah's messengers andrevealed scriptures, to know rulings, such thatsomeone not reached by a prophet's invitationwould be able through his own reason to knowAllah's rule concerning his actions?
Or is thisimpossible?

The position of the Ash'aris, the followersof Abul Hasan Ash'ari, is that the mind is unableto know the rule of Allah about the acts of thosemorally responsible except by means of His messengersand inspired books.For minds are in obvious disagreement aboutacts
Some minds find certain acts good, othersfind them bad
Moreover
one person can be oftwo minds about one and the same action
Capriceoften wins out over the intellect
and consideringsomething good or bad comes to be based on merewhim
So it cannot be said that an act which themind deems good is therefore good in the eyes ofAllah, its performance called for and its doerrewarded by Allah; or that whatever the mindfeels to be bad is thus bad in the eyes of Allah, itsnonperformance called for and its doer punishedby Allah.

The basic premise of this school of thQughtis that the good of the acts of those morallyresponsible is what the Lawgiver (syn
Allah orHis messenger (Allah bless him and give himpeace)) has indicated is good by permitting it orasking it be done
And the bad is what the Lawgiverhas indicated is bad by asking it not be done.The good is not what reason considers good, northe bad what reason considers bad
The measureof good and bad, according to this school ofthought, is the Sacred Law, not reason (dis: w3).

According to this school
a person is notmorally obligated by Allah to do or refrain fromanything unless the invitation of a prophet andwhat Allah has legislated have reached him (n: w4discusses Islam's relation to previous prophets'laws)
Noone is rewarded for doing something orpunished for refraining from or doing somethinguntil he knows by means of Allah's messengerswhat he is obliged to do or obliged to refrain from.So whoever lives in such complete isoiationthat the summons of a prophet and his Sacred Lawdo not reach him is not morally responsible toAllah for anything and deserves neither rewardnor punishment.And those who lived in one of the intervalsafter the death of a prophet and before a new onehad been sent were not responsible for anythingand deserve neither reward nor punishment.This view is confirmed by the word of AllahMost High,""We do not punish until We send a messenger""(Koran 17: 15).('lim usul al-fiqh (y71), 96-98)*

(Nawawi:) Allah Most High says:(1) ""Say, 'Are those who know and thosewho do not know equal?' "" (Koran 39:9).(2) ""Only the knowledgeable of His slavesfear Allah"" (Koran 35:28).(3) ""Allah raises those of you who believeand those who have been given knowledge wholedegrees"" (Koran 58:11).

The Prophet (Allah bless him and givehim peace) said:(1) ""Whoever Allah wishes well, He givesknowledge of religion.""(2) ""The superiority of the learned Muslimover the devotee is as my superiority over the leastof you.""Then the Prophet (Allah bless him and give himpeace) said,""Allah and His angels, the inhabitants of theheavens and the earth
the very ant in its anthilland the fish bless those who teach people what isgood.""(3) ""When a human being dies his workcomes to an end except for three things: ongoingcharity, knowledge benefitted from, or a piousson who prays for him.""(4) ""A single learned Muslim is harder onthe Devil than a thousand worshippers
,.(5) ""Whoever travels a path seeking knowledgeAllah makes easy for him a path to paradise.""Angels lower their wings for the seeker ofknowledge out of pleasure in what he seeks.""Those in the heavens and the earth, and thevery fish in the water ask Allah to forgive the personendowed with Sacred Knowledge.""The superiority of the learned Muslim overthe devotee is like the superiority of the moonover all the stars.""The learned are the heirs of the prophets.The prophets have not bequeathed dinar nordirham, but have only left Sacred Knowledge, andwhoever takes it has taken an enormous share.""(6) ""He who calls others to guidance shallreceive the like of the reward of those who followhim without this diminishing their own reward inthe slightest
And he who calls others to misguidanceshall bear the like of the sins of those whofollowhim without this diminishing their own sins.""(7) ""He who goes forth to seek SacredKnowledge is in the way of Allah [syn
jihad, def:09] until he returns.""(8) ""This world and what is in it are accursed[dis: w5] except for the remembrance of Allah,that which Allah loves, someone with SacredKnowledge, or someone learning it.""

'Ali ibn Abi Talib (Allah be well pleasedwith him) said,'The religious scholar is greater in rewardthan the fighter in the way of Allah who fasts theday and prays the night.""

Abu Darda' (Allah be well pleased withhim) said,""Teaching Sacred Knowledge for a brief timeis better than spending a night in prayer.""

Yahya ibn Abi Kathir said,""Studying Sacred Knowledge is a prayer.""

Sufyan al-Thawri and Shafh said,""There is nothing after what is obligatory thatis superior to seeking Sacred Knowledge.""

(Nawawi:) There are similar statementsfrom whole groups of early Muslims I have notmentioned that are like those I have quoted, theupshot of which is that they concur that devotingone's time to Sacred Knowledge is better thandevoting it to voluntary fasting or prayer, betterthan saying ""Subhan Allah"" (lit
""Exalted is Allahabove any limitation""), or other supererogatorydevotions.Among the proofs for this, besides the foregoing,is that:(1) the benefit of Sacred Knowledge affectsboth its possessor and the Muslims, while theabove-mentioned supererogatory works are confinedto oneself;(2) Sacred Knowledge validates
so otheracts of worship require it, though not vice versa;(3) scholars are the heirs of the prophets,while devotees are not characterized as such;(4) the devotee follows the scholar
being ledby and imitating him in worship and other acts,obeying him being obligatory and not the otherway around;(5) the benefit and effect of Sacred Knowledgeremain after its possesser departs, whilesupererogatory works cease with the death oftheir doer;(6) knowledge is an attribute of Allah MostHigh;(7) Sacred Knowledge
meaning the knowledgewe are discussing, is a communal obligation(def: c3.2), and it is thus better than thesupererogatory
The Imam of the TwoSanctuaries (A: Juwayni) says in his book alGhiyathithat ""the communal obligation issuperior to the personal obligation in that the personperforming it fulfills the need of the IslamicNation (Umma) and lifts the obligation from it,while the obligation of the individual is restrictedto himself."" And success is through Allah (alMajmu'(y108), 1.18-22).*

(Nawawi:) Know that what we have mentionedabout the merit of seeking Sacred Knowledgeonly applies to the seeker who therebyintends Allah Himself
not some end concernedwith this world.Whoever seeks it for a worldly aim such asmoney, leadership, rank, prestige, fame, peopleinclining towards him, defeating opponents indebate, or similar motive, is blameworthy.(A: When the basic reason is Allah but othermotives playa role, they diminish the merit in theproportion that they enter into it.)

Allah Most High says:(1) ""Whoever wants to cultivate the afterlifeWe shall increase for him his tillage, while who·ever wants to cultivate this world, we shail givehini of it, but he will have no share in the next""(Koran 42:20).(2) ""Whoever wants the present world Wehasten for him therein whatever We will, forwhomever We want, and then consign him to hell,roasting in it condemned and rejected"" (Koran17: 18).(3) ""Verily, your Lord is ready at ambush""(Koran 89: 14).(4) ""They were not ordered except to worshipAllah, making their religion sincere unto Himas pure monotheists"" (Koran 98:5).

The Prophet (Allah bless him and givehim peace) said:( I) ""The first person judged on ResurrectionDay will be a man martyred in battle,""He'll be brought forth, Allah will reacquainthim with His blessings upon him and the man willacknowledge them, whereupon Allah will say,'What have you done with them?' to which theman will respond, 'I fought to the death for you.'""Allah will reply, 'You lie
You fought inorder to be called a hero, and it has already beensaid.' Then he will be sentenced and dragged aw<\.yon his face to be flung into the fire.""Then a man will be brought forward wholearned Sacred Knowledge, taught it to others,and who recited the Koran, Allah will remind himof His gifts to him and the man will acknowledgethem, and then Allah will say, 'What have youdone with themT The man will answer, '1acquired Sacred Knowledge, taught it, and recitedthe Koran
for Your sake.'""Allah will say, 'You lie
You learned so as tobe called a scholar, and read the Koran so as to becalled a reciter
and it has already been said.' Thenhe will be sentenced and dragged away on his faceto be flung into the fire.""(2) ""Anyone who seeks Sacred Knowledgeto argue with fools, vie with scholars, or drawpeople's attention to himself, will take a place inhell.""(3) ""The most severely tortured on ResurrectionDay shall be the scholar who did notbenefit from his knowledge.""

Sufyan al-Thawri said.""No servant increased in knowledge and thenin desire for the things of this world, save that heincreased in distance from Allah.""(Ibid., 1.23-24)*

(Nawawi:) There are three categories ofSacred Knowledge
The first is the personallyobligatory (fard al-'ayn, def: c2.1), which is a morallyresponsible individual's learning the knowledgethat the obligatory acts he must performcannot be accomplished without, such as how theablution (wudu) and prayer are done and so forth.Its obligatory character is how groups ofscholars have interpreted the hadith in the Musnadof Abu Ya'la al-Mawsuli, from Anas, whorelates that the Propht;t (Allah bless him and givehim peace) said,""Seeking knowledge is an obligation uponevery Muslim.""The meaning of this hadith
though thehadith itself is not well authenticated (A: beingweak (dis: p9.5)), is true.

As for the basic obligation of Islam, andwhat relates to tenets of faith, it is adequate forone to believe in everything brought by the Messengerof Allah (Allah bless him and give: himpeace) and to credit it with absolute convictionfree of any doubt
Whoever does this is notobliged to learn the evidences of the scholastictheologians
The Prophet (Allah bless him andgive him peace) did not require of anyone anythingbut what we have just mentioned, nor didthe first four caliphs, the other prophetic Companions,nor others of the early Muslim communitywho came after them.Rather, what befits the common people andvast majority of those learning or possessing SacredKnowledge is to refrain from discussing thesubtleties of scholastic theology, lest corruptiondifficult to eliminate find its way into their basicreligious convictions
Rather, it is fitter for themto confine themselves to contentment with theabove-mentioned absolute certainty.Our Imam Shafi'i (Allah Most High havemercy on him) went to the greatest possiblelengths in asserting that engaging in scholastictheology is forbidden
(A: What he meant therebywas the heretical scholastic theology that proliferatedin his time and put rationalistic theoriesahead ol the Koran and sunna, not the science oftheology ('ilm al-tawhid) by which Ash'ari andMaturidi scholars (dis: x47) have clarified anddetailed the tenets of faith of Sunni Islam, which isan important part of the Islamic sciences.) Heinsistently emphasized its unlawfulness, the severityof the punishment awaiting those who engagein it, the disgrace of doing it, and the enormity nfthe sin therein by saying,""Fora servant to meet Allah with any othersin than idolatry (shirk) is better than to meet Himguilty of anything of scholastic theology.""His other statements expressing the samemeaning are numerous and well known.But if someone has doubts (Allah be ourrefuge) about any of the tenets of faith in whichbelief is obligatory (def: books u and v),and hisdoubt cannot be eliminated except by learningone of the theologians' proofs, then it is obligatoryfor him to learn it in order to remove the doubtand acquire the belief in question.

Scholars disagree about the Koranic versesand hadiths that deal with the attributes ofAllah (n: such as His 'hand' (Koran 48:10), His'eyes' (52:48), or His 'nearness' (50:16)) as towhether they should be discussed in terms of aparticular figurative interpretation (ta'wil, def: w6)or not.Some say that they should be figurativelyinterpreted as befits them (n: interpreting His'hand,' for example, as an allusion to His omnipotence).And this is the more well known of the twopositions of the scholastic theologians.Others say that such verses should not begiven a definitive interpretation, but rather theirmeaning should not be discussed, and the knowledgeof them should be consigned to Allah MostHigh, while at the same time believing in thetranscendence of Allah Most High, and that thecharacteristics of created things do not apply toHim
For example, it should be said we believethat""the All-merciful is 'established' [Ar
istawa, dis:v1.3] on the Throne"" (Koran 20:5),but we do not know the reality of the meaning ofthat, nor what is intended thereby, though webelieve of Allah Most High that""there is nothing whatsoever like unto Him""(Koran 42:11),and that He is above indwelling in created things(hulul, dis: w7), or having the characteristics oftemporal, contingent existence (huduth, dis: w8).And this is the path of the early Muslims, or thevast majority of them, and is the safest, for a personis not required to enter into discussions aboutthis
When one believes in Allah's transcendenceabove created things, there is no need for debateon it, or for taking risks over what there is neitherpressing necessity nor even any real call for.But if the need arises for definitive interpretationsto refute someone making unlawful innovationsand the like, then the learned may supplythem, and this is how we should understand whathas come down to us from scholars in this field.And Allah knows best.

A person is not obliged to learn how toperform ablution, the prayer, and so forth, untilthe act itself is obligatory for him.As for trade, marriage, and so forth, of thingsnot in themselves obligatory, the Imam of the TwoSanctuaries (A: J uwayni), Ghazali, and others saythat learning their means and conditions is personallyobligatory for anyone who wants to dothem.It has also been said that one should not callthis knowledge ""personally obligatory,"" butrather say, ""It is unlawful to undertake them untilone knows the conditions for their legal validity.""And this expression is more accurate.

It is obligatory for one to know what ispermissible and what is unlawful of food, drink,clothing, and so forth, of things one is unlikely tobe able to do without
And likewise for the rulingson treatment of women if one has a wife.

Shafi'i and colleagues (Allah have mer.cyon them) say that fathers and mothers must teachtheir children what will be obligatory for themafter puberty
Thc guardian must teach the childabout purification, prayer
fasting, and so forth;and that fornication, sodomy, theft, drinking,lying, slander
and the like are unlawful; and thathe acquires moral responsibility at puberty andwhat this entails.It has been said that this education is merelyrecommended
but in fact it is obligatory
as theplain content of its scriptural basis (n: mentionedbelow) shows
Just as it is mandatory for aguardian to wisely manage his charge's property.this is even more important
The merely recommendedis what exceeds this, such as teaching himthe Koran, Sacred Law, etiquette, and teachinghim what he needs to earn a living.The evidence for the obligation of teaehing ayoung ehild is the word of Allah Mighty andMajestic,""0 you who believe, protect yourselves andfamilies from a fire"" (Koran 66:6).'Ali ibn Abi Talib (Allah be well pleased withhim), Mujahid, and Qatada say it means, ""Teachthem that with which they can save themselves,from hell.""

As for knowledge of the heart, meaningfamiliarity with the illnesses of the heart such asenvy, pride, and the like (dis: books p, r, and s),Ghazali has said that knowledge of theirdefinitions, causes, remedy, and treatment ispersonally obligatory.(A: And this is what Ghazali meant when hesaid that Sufism (Tasawwuf, dis: w9) is personallyobligatory for every Muslim
He did not mean thattaking a way (tariqa) and a sheikh are obligatory,but rather the elimination of unlawful inner traits,which one could conceivably accomplish throughthe companionship of a single sineere brother.)Others hold that if the morally responsibleindividual is endowed with a heart free of all theseunlawful diseases
it suffices him, and he is notobliged to learn what will cure them
But if notsafe from them, he must reflect: if he can purify hisheart from them without instruction then he mustpurify it, just as he must shun fornication and thelike without learning the evidence proving hemust
But if he cannot rid himself of these unlawfultraits except through learning the above-mentionedknowledge, then he is personally obligedto
And Allah knows best (al-Majmu' (y108) ,

1.24-26).
(Nawawi:) The second category (n: of SacredKnowledge) is what is communally obligatory(fard al-kifaya, def: c3.2), namely the attainmentof those Sacred Sciences which people cannot dowithout in practicing their religion, such asmemorizing the Koran and hadith, their ancillarydisciplines, methodological principles, SacredLaw, grammar, lexicology, declension, knowledgeof hadith transmitters, and of scholarly consensus(ijma', def: b7) and nonconsensus.

As for learning which is not Sacred Know·ledge but is required to sustain worldly existence,such as medicine and mathematics, it too is a communalobligation (ibid., 1.26).*

(N awawi:) The third category is thesupererogatory (def: c4.2), such as in-depthresearch into the bases of evidences, and elaborationbeyond the amount required by the comemunal obligation, or such as an ordinary Muslimlearning the details of nonobligatory acts of worshipfor the purpose of performing them; thoughnot the work of scholars in distinguishing theobligatory from the nonobligatory, which is acommunal obligation in respect to them
AndAllah knows best (ibid., 1.27).*

(Nawawi:) Having mentioned thecategories of Sacred Knowledge, the subjects itexcludes are those that are unlawful, offensive, orpermissible.

Unlawful knowledge includes:(1) learning soreery (dis: p3), sinceaccording to the most reliable position, it is unlawful,as the vast majority of scholars have decisivelystated;(2) philosophy (dis: wlO);(3) magic (sha'badha, meaning sleight ofhand, etc,);(4) astrology (dis: p41);(5) the sciences of the materialists (dis: wII);(6) and anything that is a means to createdoubts (n: in eternal truths)
Such things vary intheir degree of unlawfulness.

Offensive knowledge includes such thing;,as post-classical poetry which contains romanceand uselessness.

Permissible knowledge includes postclassicalpoetry which does not contain stupidityor anything that is offensive
incites to evil, hindersfrom good; nor yet that which urges one to dogood or helps one to do it (n: as the latter would berecommended) (ibid .
1.27).

(Muhammad Sa'id Buti:) What is theproof that it is legally valid and even obligatory toaccept the authority of qualified scholarship (taq-lid) when one is not capable of issuing expert legalopinion (ijtihad) on matters of Sacred Law?
Thereare several aspects to it (n: diseussed in the seetionsthat follow) (al-Lamadhhabiyya akhtar bid'atuhaddidu al-shari'a al-Islamiyya (y33), 70).

(n:) For the key term qualified to issue expert legal opinion (Ar
mujtahid,this ability being ijtihad) , please turn to book 0 and read O22.1(d), the qualificationsof an Islamic judge (qadi)
The difference between the qualifications for theImam of a school and those for a judge or a mufti is that the former's competencein giving opinion is absolute, extending to all subject matters in the Sacred Law,while the competence of the judge Or mufti is limited respectively to judging courtcases or to applying his Imam's ijtihad to particular questions.No age of history is totally lacking people who are competent in ijtihad onparticular questions which are new, and this is an important aspect of Sacred Law,to provide solutions to new ethical problems by means of sound Islamic legalmethodology in applying the Kora'nic and hadith primary texts
But while in thisspecific sense the door of ijtihad is not and cannot be closed, Islamic scholarshiphas not accepted anyone's claims to absolute ijtihad since Imams Abu Hanifa,Malik, Shafi'i, and Ahmad
If one studies the intellectual legacy of these menunder scholars who have a working familiarity with it, it is not difficult to see why.As for those who decry ""hidebound conservatism"" and would open the gateof ijtihad for themselves while lacking or possibly not even knowing the necessaryqualifications, if such people have not studied the rulings of a particular schooland the relation between these rulings, the Koranic and hadith primary texts, andthe school's methodological principles, they do not know how ijtihad works froman observer's standpoint, let alone how to employ it
To ask them, for example,which of two equally authenticated primary texts that conflict on a legal questionshould be given precedence, and why, is like asking an aspiring draftingstudent for the particulars of designing a suspension bridge
Answers may beforthcoming, but they will riot be the same as those one could get from a qualifiedcontractor
To urge that a mujtahid is not divinely protected from error (ma'sum)is as of little relevance to his work as the fact that a major physicist is not divinelyprotected from simple errors in calculus; the probability of finding them in hispublished work is virtually negligible
Regarding other, long-dead schools, suchas the Zahiriyya, the difference between their work and that of the four livingschools is firstly one of quality, as their positions and evidence have not beenreexamined and upgraded by succeeding generations of first-rank scholars likethose of the four schools (dis: w12), and secondly the lack of verification of theactual positions of their mujtahids through reliable chains of transmitters, asdeseribed below at b7.6.

(Muhammad Sa'id Buti:) The first aspectof it is the word of Allah the Majestic,""Ask those who recall if you know not""(Koran 16:43).By consensus of all scholars (ijma'
def: b7).this verse is an imperative for someone who doesnot know a ruling in Sacred Law or the evidencefor it to follow someone who does
Virtually allscholars of fundamentals of Islamic law havemade this verse their principle evidence that it isobligatory for the ordinary person to follow thescholar who is a mujtahid.

Similar to the above verse in being evi·dence for this is the word of Allah Most High:""Not all of the believers should go to fight
Ofevery section of them, why does not one partalone go forth, that the rest may gain knowledgeof the religion to admonish their people when theyreturn, that haply they may take warning"" (Koran9:122).Allah Most High prohibited the people to goout altogether in military expeditions and jihad,and ordered a segment of them to engage solely inbecoming knowledgeable in the religion of Allah,so that when their brothers returned to them, theywould find someone qualified to give them legalopinion on the lawful and unlawful and to explainthe rule of Allah the Glorious and Exalted(ibid., 71).*

(Muhammad Sa'id Buti:) A second aspectis the consensus of scholars that the Companionsof the Prophet (Ar
Sahaba, anyone who personallymet the Prophet (Allah bless him and himpeace) and died while believing in Islam) were atvarious levels of knowledge in religion; not all ofthem were capable of giving formal legal opinion(fatwa), as Ibn Khaldun has noted, nor was thereligion taken from all of them.

Rather, there were those of them capableof legal opinion and ijtihad, and these were a smallminority in relation to the rest, and there werethose of them who sought legal opinion and 'followedothers therein, and these were the vastmajority of them.(n: Suyuti, in Tadrib al-rawi, quotes IbnHazm's report that most of the Companions' legalopinions came from only seven of them: 'Umar,'Ali, Ibn Mas'ud, Ibn 'Umar, Ibn 'Abbas, Zaydibn Thabit, and 'A'isha; and this was fromthousands of the Companions (Tadrib al·raHJi fishar:.h Taqrib al-Nawawi (yl09), 2.219).)

Nor did the individual Companion givinga legal opinion necessarily mention the evidencefor it to the person who had asked about it
AIAmidinotes in his book al-lhkam: ""As for scholarlyconsensus [ijma', dis: b7.2], it is that ordinarypeople in the times of the Companions and thosewho immediately followed them, before therewere dissenters, used to seek the opinion of mujtahidsand would follow them in rules ofSacred Law.""The learned among thcm would unhesitatinglyanswer their questions without alluding tomention of evidence
No one censured them fordoing this; a fact that establishes scholarly consensuson the absolute permissibility of the ordinaryperson following one capable of ijtihad.""

The Prophet (Allah blcss him and givehim pcace) used to dispatch the most knowledgeableof the Companions to places whose inhabitantsknew nothing more of Islam than its fivepillars
The latter would follow the person sent tothem in everything he gave his judgement uponand had them do, of works, acts of worship, deal-ing with one another
and all matters of the lawfuland unlawful.Sometimes sueh a person would come acrossa question on which he could find no evidence inthe Koran or sunna, and he would use his own personallegalreasoning and furnish them an answerin light of it, and they would follow him therein.

As for the era of those who came afterthem (AT
tabi'in, those who had personallylearned from one or more of the Companions butnot the Prophet himself (Allah bless him and givehim peace)), the scope of legal reasoning hadexpanded, and the Muslims of this time followedthe same course as had thc Companions of theProphet (Allah bless him and give him peace),cxccpt that the legal efforts were represented bythe two main schools of thought, that of juridicalopinion (ra'y) and that of haditll (n: the former inIraq, the latter in Medina) because of themethodological factors we previously mentionedwhen we quoted Ibn Khaldun
'""There were sometimes discussions and sharpdisputes between leading representatives of thetwo schools, but the ordinary people and learnersnot at the main figures' level of understandingwere unconcerned with this disagreement, andfollowed whomever they wanted or whomeverwas near 10 them without anyone censuring themfor this (al-Lamadhhabiyya aklltar bid'a tuhaddidual-shari'a al-Islamiyya (y33), 71-73).*

(Muhammad Sa'id Buti:) A third aspect isthe obvious rational evidence, which we express inthe words of Sheikh 'Abdullah Diraz, who says:""T'he logical proof is that, assuming that a pcrsondoes not have the qualifications for Utihad, whenan instance of a particular religious ruling arises,he will either not worship by any means at all,which all concur is impermissible, or, if he wor-ships by means of something, it will either be byexamining the proof that verifies the ruling or byfollowing a competent authority.""The former is inadmissible because it wouldlead, in respect to him and all others like him
toin-depth examination of the evidences for all suchinstances, preoccupation with which wouldobviate the earning of livelihoods
disruptingtrades and occupations, ruining the world by neglectof tillage and offspring, and preventing anyone'sfollowing another's ijtihad
placingeveryone under the most extreme hardship
Thesole remaining alternative is to follow another,which is the means through which one must worshipin such a case"" (ibid., 73).*

(Muhammad Sa'id Buti:) Because scholarsaccept the evidence from Koran, sunna, andreason as complete and intersubstantiative that theordinary person orlearnedone notatthe leveloftextualdeduction and ijtihad is not entitled but to folIowaqualified mujtahid who has a comprehensivegrasp of the evidence - they say that a formal legalopinion (fatwa) from a mujtahid is in relation tothe ordinary person just as a proof from the Koranand sunna is in relation to the mujtahid
Forthe Koran, just as it obligates the scholarthoroughly versed in it to hold to its evidencesand proofs, also obligates (n: in the verse quotedabove at b2.1) the uninformed person to adhere tothe formal legal opinion of the scholar and hisijtihad (ibid., 73).*

(Salih Mu'adhdhin:) Muslims of theSunna and Community are in agreement that wehave arrived at all the rulings of Sacred Law throughevidence that iscitherof unquestionably establishedtransmission (qal'i al-wurud) or probabilisticallyestablished transmission (zanni al-wurud).The suras of the Koran
all of its verses
andthose hadiths which have reached us by so manychannels of transmission that belief in them isobligatory (mutawatir, def: O22.1(d(II))) are all ofunquestionably established transmission, sincethey have reached us by numerous means
by generationfrom generation, whole groups fromwhole groups, such that it is impossible that thevarious channels could all have conspired to fabricatethem.As for the evidentiary character of thesetexts, regardless whether they are of unquestionablyor probabilistically established transmission,they are of two types.The first type, unquestionable as evidence(qat'i aJ-daJala), is a plain text that does not admitof more than one meaning, which no mind caninterpret beyond its one meaning, and which thereis·no possibility to construe in terms of other thanits apparent sense
This type includes Koranic versesthat deal with fundamental tenets of faith inthe oneness of Allah, the prayer, zakat
and fasting;in none of which is there any room for disagreement,nor have any differences concerningthem been heard of or reported from the Imams ofSacred Law
Everything in this category is termedunquestionable as evidence.Thc second type
probabilistic as evidence(zanni al-dalala), is a text that can bear more thanone meaning, whether because it contains a wordthat can lexically have two different meanings
orbecause it was made by way of figure of speechprmetaphor, or because it can be interpreted inother than its apparent sense in the context withoutthis contradicting what was intended by theWise Lawgiver
It is here that we find scope forscholarly difference of opinion to a greater or lesserextent depending on the number of meaningsa text can imply, how much interpretation it willbear
and so forth.All of the derivative rulings of Sacred Laware of this type, probabilistic as evidence, so wenaturally find differences among Islamic legalscholars as to their interpretation, each scholarinterpreting them according to his comprehensionand the broadness of his horizons, while not givingthe text a reading it does not imply, and then corroboratinghis interpretation with evidenceacceptable to scholars
Scholarly differences arethus something natural, even logically necessary,as a result of the factors we have just described.Allah Mighty and Majestic has willed thatmost texts of the Sacred Law be probabilistic asevidence because of a wisdom He demands,namely, to give people more choice and leaveroom for minds to use ijtihad in understanding Hisword and that of His messenger (Allah bless himand give him peace).

We conclude this short summary with anexample to clarify what we have said
Considerthe word of Allah,""Divorced women shall wait by themselvesfor three periods"" (Koran 2:228),as opposed to His saying, in the same sura,""Those who forswear their women have await offour months"" (Koran 2:226).Allah's saying ""three"" in the former and""four"" in the latter are texts that are decisive asevidence, in that neither admits of more than oneinterpretation, namely, the well-known numbers.But in contrast with this, when Allah says""periods"" (Ar
quru') in the first, and ""months""(ashhur) in the second, we find that the formerword can have more than one sense in its Arabiclexical root mcaning, while months cannot, thelatter being decisive in meaning and incapable ofbearing another interpretation, Concerning thisquestion, Imam Qurtubi says in his Koranicexegesis: ""Scholars differ about the word periods.Those of Kufa hold that it means menstrualperiods, and this is the position of 'Umar, 'Ali,and Ibn Mas'ud
But those of the Hijaz hold itmeans the intervals of purity between menstrualperiods, and this is the view of 'A'isha, Ibn 'Umar,and Shafi'i.""Considering this, is it not natural that thereshould be various opinions about understandingthe verse ""three periods"" but only one aboutunderstanding Allah's saying ""four months""?
IfAllah had wanted all opinions to coincide on thisquestion, He might have said, for example, ""threemenstrual periods"" (hiyad), or ""three intervals ofpurity between menstrual periods"" (athar), just asHe said ""four months."" And all the texts of SacredLaw that can bear more than one meaning arecomparable to this example (' Umdat al-salik(y90),11-13).*

('Abd al-Wahhab Khallaf:) Scholarly consensus(ijma') is the agreement of all the mujtahids(def: O22.l(d)) of the Muslims existing at one particularperiod after the Prophet's death (Allahbless him and give him peace) about a particularruling regarding a matter or event
It may begathered from this that the integral elements ofscholarly consensus are four, without which it isinvalid:(a) that a number of mujtahids exist at a partieulartime;(b) that all mujtahids of the Muslims in theperiod of the thing or event agree on its ruling,regardless of their country , raee, or group, thoughnonmujtahids are of no consequence;(c) that each mujtahid present his opinionabout the matter in an explicit manner, whetherverbally, by giving a formal legal opinion on it, orpractically, by giving a legal decision in a courtcase concerning it;(d) and that all mujtahids agree on the ruling,for if a majority of them agree, consensus isnot effected, no matter how few those who contradictit, nor how many those who concur.

When the four neeessary integrals of consensusexist, the ruling agreed upon is anauthoritative part of Sacred Law that is obligatoryto obey and not lawful to disobey
Nor can mujrahidsof a succeeding era make the thing an objectof new ijtihad, because the ruling on it, verified byscholarly consensus, is an absolute legal rulingwhich does not admit of being contravened orannulled.

The proof of the legal authority of scholarlyconsensus is that just as Allah Most Glorioushas ordered the believers, in the Koran, to obeyHim and His messenger, so too He has orderedthem to obey those of authority (ulu al-amr)·among them, saying,""0 you who believe, obey Allah and obey theProphet and those of authority among you""(Koran 4:59),such that when those of authority in legal expertise,the mujtahids, agree upon a ruling, it isobligatory in the very words of the Koran to followthem and carry out their judgement.And Allah threatens those who oppose theMessenger and follow other than the believers'way, saying,""Whoever contraverts the Messenger afterguidanee has become clear to him and followsother than the believers' way, We shall give himover to what he has turned to and roast him in hell,and how evil an outcome"" (Koran 4:115).

A second evidentiary aspect is that a rulingagreed upon by all the mujtahids in the IslamicCommunity (Umma) is in fact the ruling of theCommunity, represented by its mujtahids, andthere are many hadiths that have come from theProphet (Allah bless him and give him peace), aswell as quotes from the Companions, which indicatethat the Community is divinely protectedfrom error, including his saying (Allah bless himand give him peace):(1) ""My Community shall not agree on anerror
""(2) ""Allah is not wont to make my Communityconcur on misguidance.""(3) ""That which the Muslims consider good,Allah considers good.""('llm usul al-fiqh (y71), 45-47)

(n: Another hadith that scholars quote inconnection with the validity of scholarly consensusis the following, given with its commentary.)The Prophet (Allah bless him and give himpeace) said,""Allah's hand is over the group, and whoeverdissents from them departs to helL""Allah's hand is over the group(al-'Azizi:) Munawi says, ""Meaning His protectionand preservation of them, signifying thatthe collectivity of the people of Islam are inAllah's fold, so be also in Allah's shelter, in themidst of them, and do not separate yourselvesfrom them."" The rest of the hadith, according tothe one who first recorded it (n: Tirmidhi), is,and whoever dissents from them departs tohell.Meaning that whoever diverges from theoverwhelming majority concerning what is lawfulor unlawful and on which the Community does notdiffer has slipped off the path of guidance and thiswill lead him to hell (al-Siraj al-munir sharh alJam!'al-saghir (y18), 3.449).

(n: In addition to its general interest as aformal legal opinion, the following serves in thepresent context to clarify why other than the fourSunni schools of jurisprudcnce do not necessarilyplaya role in scholarly consensus.)('Abd aI-Rahman Ba'alawi:) Ibn Salahreports that there is scholarly consensus on itsbeing unlawful to follow rulings from schoolsother than those of the four Imams, meaning inone's personal works, let alone give court verdictsor formal legal opinions to people from them,because of the untrustworthiness of the ascriptionof such rulings to the scholars who reportedly gavethem, there being no channels of transmissionwhich obviate the possibility of textual eorruptionand spurious substitutions.The Zaydis
for example, who trace themselvesto Zayd ibn 'Ali ibn Husayn (n: son of' Aliand Fatima), the beatitude of Allah be uponthem
despite the fact that Zayd was one of theImams of the religion and a renowned figure wellqualified to give guidance to those seeking it, hisfollowers identify him with extreme permissivenesson many questions, ascriptions based onfailure to check as to what his positions actuallywere (n: by naming the intermediate transmittersand establishing their reliability)
It is quite otherwisewith the four schools, whose Imams (Allahreward them) have spent themselves in checkingthe positions of their schools, explaining whatcould be rigorously authenticated as the positionof the person it was attributed to; and what couldnot be
Their scholars have thus achieved safetyfrom textual corruption and have been able to discernthe genuine from the poorly authenticated(Bughya al-mustarshidin fi talkhis fatawa ba'd ala'immamin al-muta'akhkhirin (y19), 8).

CAbd al-Wahhab Khallaf:) A legal rulingis a statement from the Lawgiver (syn
Allah orHis messenger (Allah bless him and give himpeace)) concerning the acts of those morallyresponsible which:(I) requires something;(2) allows a choice;(3) or gives stipulations.

An injunctive ruling is one that enjoins themorally responsible individual to either do or refrainfrom an act, or gives him an option to do orrefrain from it.An example of enjoining one to do an act isAllah's saying,""People owe Allah to make pilgrimage to theHouse"" (Koran 3:97).An example of enjoining one to refrain froman act is His saying,""Let no people mock another people""(Koran 49: 11).And an example of giving an option to do orrefrain from an act is His saying,""When the prayer is finished, go forth in theland"" (Koran 62:10).

As for stipulatory rulings, they entail thatsomething is made a legal reason (sabab) foranother thing, a condition (shart) for it, or a preventive(mann of it.An example of being stipulated as a reasonfor something is Allah's saying,""0 believers, when you go to pray, wash yourfaces and wash your forearms to the elbows""(Koran 5:6),which stipulates wanting to pray as a reason forthe obligation of performing ablution (wudu).An example of something being made a conditionfor another thing is His saying,""People owe Allah to make pilgrimage to theHouse, whoever is able to find a way"" (Koran3:97),which implies that the ability to get to the House(n: Kaaba) is a condition for the obligatoriness ofone's pilgrimage
Another example is theProphet's saying (Allah bless him and give himpeace),""There is no marriage unless there are twowitnesses,""which means the presence of two witnesses is acondition for the validity of a marriage.An example of being made a preventive ofsomething is the Prophers saying (Allah bless himand give him peace),""The killer does not inherit,""which entails that an heir's killing the deceased ispreventive of his inheriting an estate divisionshare from him ('11m usul al-fiqh (y71), 100--102).

(N:) The obligatory (fard) is that whichthe Lawgiver strictly requires be done
Someonewho performs an obligatory act out of obedienceto Allah is rewarded, while a person who refrainsfrom it without excuse deserves to be punished.(A: In the Shafi'i school there is no differencebetween obligatory (fard) and requisite (wajib)except in the pilgrimage, where nonperformanceof a requisite does not invalidate the pilgrimage,but necessitates an expiation by slaughtering
Forany act of worship, obligatory or nonobligatory:all conditions necessary for its validity and all of itsintegrals (rukn, pI
arkan) are obligatory, since itis unlawful to intentionally perform an invalid actof worship.)

The sunna (n: or recommended (mandub)) is that which the Lawgiver asks be done, but• does not strictly require it
Someone who performsit out of obedience to Allah is rewarded,though someone who refrains from it is notpunished.

The permissible (mubah) is what the Lawgiverhas neither requested nor prohibited, so theperson who does it is not rewarded or punished.Rather, doing or not doing it are equal, though ifa person does it to enable him to perform an act ofobedience to Allah, or refrains from it for thatreason, then he is rewarded for it
And if he doessuch an act to enable him to perform an act of disobedience,he is sinning.

The offensive (makruh) is that which theLawgiver has interdicted but not strictly forbidden.A person who refrains from such an act out ofobedience to Allah is rewarded, while the personwho commits it does not deserve to be punished.

The unlawful (haram) is what the Lawgiverstrictly forbids
Someone who commits anunlawful act deserves punishment, while one whorefrains from it out of obedience to the commandof Allah is rewarded.(n: Scholars distinguish between three levels of the unlawful:(1) minor sins (saghira, pI
sagha'ir), which may be forgiven from prayer toprayer, from one Friday prayer Uumu'a) to another, and so forth, as is mentionedin hadith;(2) enormities (kabira, pI
kaba'ir), those which appear by name in theKoran or hadith as the subject of an explicit threat, prescribed legal penalty, orcurse, as listed below at book p;(3) and unbelief(kufr), sins which put one beyond the pale of Islam (as discussedat 08.7) and necessitate stating the Testification of Faith (Shahada) toreenter it.Repentance (def: p77) is obligatory for all three (al-Zawajir 'an iqtiraf alkaba'ir(y49),1.5-9).)

(Nawawi:) There is no doubt that themerit of an act varies
Fasting, for example, isunlawful on 'Eid Day, obligatory before it, andrecommended after it
The prayer is highly desirablemost of the time, but offensive at some timesand situations, such as when restraining oneselffrom using the lavatory
Reciting the Koran isdesirable, but offensive when bowing in theprayer or prostrating
Dressing one's best is goodon the 'Eid or on Friday, but not during thedrought prayer
And so forth.Abul Qasim al-Junayd (Allah have mercy onhim) said, ""A sincere person changes forty times aday, while the hypocritical show-off stays as he isforty years
""The meaning of this is that the sincere personmoves with what is right, wherever it may lead,such that when prayer is deemed better by the SacredLaw, then he prays
and when it is best to besitting with the learned, or the righteous, orguests, or his children, or taking care of somethinga Muslim needs, or mending a broken heart, orwhatever else it may be, then he does it, leavingaside what he usually does
And likewise for fasting,reciting the Koran, invoking Allah, eating ordrinking, being serious or joking, enjoying thegood life or engaging in self-sacrifice
and so on.Whenever he sees what is preferred by the SacredLaw under the circumstances, he does it, and isnot bound by a particular habit or kind of devotionas the show-off is
The Prophet (Allah bless himandgive him peace) did various things, of prayer,fasting, sitting for Koran recital and invocation,eating and drinking, dressing, riding, lovemakingwith his wives, seriousness and jest, happiness andwrath, scathing condemnation for blameworthythings, leniency in punishing those who deservedit and excusing them, and so on, according to whatwas possible and preferable for the time and circumstances(al-Majmu' (y108), 1.17-18).

('Abd al-Wahhab Khallaf:) Obligatoryacts are distinguished in four ways, according tovarious considerations.One distinction is whether current performanceis time-restricted or non-time-restricted.A time-restricted Obligatory act is one theLawgiver demands be done at a particular time,such as the five obligatory prayers, for each ofwhich the time for current performance is set,such that the particular prayer is not obligatorybefore it, and the individual is guilty of serious sin
if he delays it past its time without excuse.A non-time-restricted obligatory act is onewhich the Lawgiver strictly demands, but does notspecify a time for its current performance, such asthe expiation obligatory for someone who swearsand oath and breaks it (def: 020).

A second distinction between obligatoryacts is made on the basis of who is called upon toperform them, namely, whether an act is personallyobligatory or communally obligatory.A personally obligatory (fard al-'ayn) aet iswhat the Lawgiver requires from each and everymorally responsible person
It is insufficient forsomeone to perform such an act on another'sbehalf, such as the prayer, zakat (def: h1.0), pilgrimage,keeping agreements, and avoiding wineor gambling.A communally obligatory (fard al-kifaya) actis what the Lawgiver requires from the collectivityof those morally responsible
not from each one ofthem, such that if someone undertakes it, then theobligation has been fulfilled and the sin andresponsibility (n: of nonperformance) is liftedfrom the rest, while if no one undertakes it, thenall are guilty of serious sin for neglecting the obligation.Examples include commanding the rightand forbidding the wrong (def: book q), prayingover the dead, building hospitals
lifesaving, firefighting, medicine, industries people require
theexistence of Islamic courts and judges, issuing formallegal opinions
responding to someone whosays ""as-Salam 'alaykum,"" and testifying in court.The Lawgiver requires that these obligatory actsexist in the Islamic Community regardless of whodoes them
But He does not require they be doneby each person, or some particular one, since theinterests of the Community arc realized by theexistence of these things through the efforts ofsome of those morally responsible, and do notentail every particular person's performance ofthem.Someone able through himself or his propertyto perform the communally obligatory act isobliged to perform it, and someone unable to do ithimself is obliged to urge and have the person doit who can
If the obligatory act is done, all arecleared of the sin, and if neglected, all are guilty ofserious sin
The person capable of it is guiltybecause he neglected a communally obligatory acthe could have done, and the rest are gUiltybecause they neglected to urge him and have himperform the obligatory act he was capable of.When an individual is the only one availablewho can perform a communally obligatory act, itbecomes personally obligatory for him.

A third way obligatory acts are distinguishedis by the amount of them required, that is,whether the act is of a defined amount or an undefinedamount.Obligatory acts of defined amount arc thosefor which the Lawgiver has determined a particularquantity
such that the subject is not free of theobligation until he has done the amount stipulatedby the Lawgiver, as with the five obligatoryprayers
or zakat.Obligatory acts of undefined amount arethose which the Lawgiver has not stipulated thebut rather demands them from thesubject in an undetermined quantity, such asspending in the way of Allah, cooperating withone another in good works
feeding the hungry,helping those in distress, and so forth.

A fourth distinction between obligatoryacts is whether an act is a specific obligation, or anobligation to choose between certain alternatives.Specific obligations are those in which theLawgiver demands the act itself, such as theprayer, fasting in Ramadan, paying for merchandise,rent from a tenant, or returning somethingwrongfully taken; such that the individual is notfree of the obligation until he does that very act.An obligation to choose between certainalternatives is when the Lawgiver requires the performanceof one of a given number of actions,such as one of the options in expiating a brokenoath, where Allah Most High requires the personwho has broken his oath to feed ten poor people,clothe them, or free a slave ('abd, def: w13), andthe obligation consists of doing any of these threethings ('Ilm usul al-fiqh (y71), 106,108-11).*

('Abd al-Wahhab KhalIaf:) Recommendedacts are divided into three categories.The first is recommended acts whose demandis confirmed
Someone who neglects such an actdoes not deserve puniShment
but does deservecensure and blame
This includes the sunnas andrecommended acts that are legally considered tocomplete obligatory acts
such as the call to prThis category iscalled the confirmed sunna (sunna mu'akkada) orsunna of guidance.

The seeond category is those acts whoseperformance is sanctioned by Sacred Law suchthat the person who performs them is rewarded,though someone who omits them deserves ncithcrpunishment nor blame
This includes acts theProphet (Allah bless him and give him peace) didnot diligently perform
but did one or more timesand then discontinued
It also includes all voluntaryacts, like spending on the poor, fasting onThursday of each week, or praying rak'as (units)of prayer in addition to the obligatory and confirmedsunna prayers.This category is called the extra sunna orsupererogatory (nafila),

The third category consists of the superlativelyrecommended, meaning those acts consideredpart of an individual's perfections
Itincludes following the Prophet (Allah bless himand give him peace) in ordinary matters that proceededfrom him as a human being, as when a personeats, drinks, walks, sleeps, and dresses likethe Prophet used to
Following the example oftheProphet (Allah bless him and give him peace) inthese and similar matters is an excellence and consideredamong one's refinements, as it showsone's love for the Prophet and great attachment tohim
But someone who does not follow theProphet (Allah bless him and give him peace) inmatters like these is not considered a wrongdoer,because they are not part of his lawgiving (A:though such acts are rewarded when one therebyintends to follow the Prophet (Allah bless him andgive him peace), and every desirable practice oneperforms means a higher degree in paradise whichthe person who neglects it may not attain to).Acts of this category are called desirable(mustahabb), decorum (adab), or meritorious(ibid., 112).

(""Abd al-Wahhab Khallaf:) Thc unlawfulis of two kinds.The first is the originally unlawful in itself,meaning the Sacred Law forbids it from the outset,such as adultery, theft, prayer without ritualpurity, marrying a member of one's un marriageablekin while knowing them to be such, sellingunslaughtered dead animals
and so forth, ofthings that are intrinsically unlawful because theyentail damage and harm, the prohibition applyingfrom the outset to the very act.The second is the unlawful because of anextrinsic reason, meaning that the initial ruling ofan act was that it was obligatory, recommended,or permissible, but an extrinsic circumstancebecame linked with it that made it unlawful
suchas a prayer performed in a garment wrongfullytaken, or a sale in which there is fraud, or a marriagewhose sole purpose is to allow the woman toremarry her previous husband who has pronounceda threefold divorce against her, or fastingday after day without breaking the fast at night
oran unlawfully innovated divorce (def: n2.3), andso forth, of things unlawful because of an externalcircumstancc
The prohibition is not due to the actitself, but because of something extrinsic to theact; meaning the act is not damaging or harmful initsclf, but something has happened to it andbecome conjoined with it that makes it entail damageor harm.

One consequence of the above distinctionis that an intrinsically unlawful act is uncountenancedby the Law to begin with, so it cannot bea legal cause or reason, or form the basis forfurther legal consequences
Rather, it is invalid.Because of this, prayer without ritual purity isinvalid, marriage to a close unmarriageablc relativewhen one knows them to be such is invalid,and the sale of an un slaughtered dead animal isinvalid
And something legally invalid is withoutother legal efficacy.But an act that is unlawful because of anextrinsic circumstance is intrinsically lawful, andcan thus be a legal reason and form the basis forfurther legal consequences, since its prohibition isaccidental to it and not essential
Because of this,a prayer while wearing a garment wrongfullytaken is legally valid, though the person is guilty ofserious sin for having taken it; a sale in which thereis fraud is legally valid (N: though the buyer hasthe option to cancel the sale and return the merchandisefor a full refund); and an unlawfullyinnovated divorce is legally effective.The reason for this is that the prohibition ofan act because of an extrinsic event or circumstancedoes not vitiate either the basis of itsbeing a legal cause or its identity, provided all itsintegrals and conditions exist
As for intrinsicunlawfulness, it negates the basis of an act's beinga legal cause and vitiates its identity by thenonexistence of one of its integrals or conditions,so that it is no longer something that is of legalconsideration (ibid., 113-14).*

CAbd al-Wahhab Khallaf:) Strictness iswhat Allah initially legislates, of general rulingsnot concerned with one circumstance rather thananother, or one individual rather than another.

Dispensation is when what is normally forbiddenis made permissible because of necessityor need.For example, if someone is forced to make astatement of unbelief (kufr) it is made permissible,to ease his hardship, for him to do so as longas faith remains firm in his heart
Likewise withsomeone who is forced to break his fast in Ramadan,or forced to destroy the property of another;the normally prohibited act which he is forced todo becomes permissible for him, to ease thehardship
And it is made permissible for someoneforced by extreme hunger or severe thirst to eatfrom an unslaughtered dead animal or drink wine.(A: The latter is not permissible even under suchconditions in the Shafi'i school.)Dispensation also includes being permittedto omit an obligatory act when an excuse existsthat makes its performance a hardship (dis: c7.2,second par.) upon the individual
Thus, someonewho is ill or travelling in Ramadan is permitted notto fast
And someone who is travelling is permittet:to shorten prayers of four rak'as to only tworak'as (ibid., 121-22).

(n:) Since it is permissible for a Muslim to follow any of the four Imamsin any of his acts of worship, comparison of their differences opens another contextfor discussing dispensation and strictness, a context in which classical scholarsfamiliar with various schools often use the term ""dispensation'"" to refer to the rulingof the school easiest on a partieular legal question, and ""strictness"" to refer tothe ruling of the school that is most rigorous
Which school this is varies fromquestion to question
The following entry discusses how and when it is permissiblefor ordinary Muslims to use dispensations in the sense of following easier rulingsfrom a different school, while entry c6.5 discusses the way of greater precaution(al-ahwat fi ai-din) taken by those Muslims who purposely select the strictestschool of thought on each legal question beeause of its being more precautionaryand closer to godfearingness (taqwa).

Seholars frequently acknowledge that the difference of the Imams is amercy, and their unanimity is a decisive proof
Sheikh 'Umar Barakat, the commentatorof 'Umdat al-salik, says:""It is permissible to follow each of the fourJ Imams (Allah be well pleased with them), andpermissible for anyone to follow one of them on alegal question, and follow a different one onanother legal question
It is not obligatory to fol-low one particular Imam on all legal questions""(Fayd al-Ilall aI-Malik (y27), 1.357).This does not, however, imply that it is lawful to indiscriminately choose dispensationsfrom each school, or that there are no conditions for the abovementionedpermissibility
Imam Nawawi was asked for a formal legal opinion onwhether pursuing dispensations in such a manner was permissible:(Question:) ""Is it permissible for someone ofa particular school to follow a different school inmatters that will be of benefit to him, and to seekout dispensations?""He answered (Allah be well pleased withhim), ""It is not permissible to seek out dispensa-tions [A: meaning it is unlawful, and the personwho does is corrupt (fasiq)], and Allah knowsbest"" (Fatawa aI-Imam al-Nawawi (y105), 113).But when forced by necessity or hardship to take such a dispensation (A: evenretroactively, as when one has finished the action, and then makes the intentionto have followed another Imam's school of thought on the question), then thereis nothing objectionable in it, provided that one's act of worship together with itsprerequisites is valid in at least one of the schools
One may not simply piecetogether (talfiq) constituent parts from various schools in a single act of worship,if none of the schools would consider the act valid
An example is someone whoperforms an ablution that is minimally valid in the Shafi'i school by wetting onlya few hairs of his head in the ablution sequence, something not permitted byHanafis, and then prays behind an imam without himself reciting the Fatiha,something permitted by Hanafisbut not Shafi'is
His ablution, the necessary conditionfor his prayer, is inadequate in the Hanafi school, and his performanct; ofthe prayer is inadequate in the Shafi'i school, with the result that neither considershis prayer valid, and in fact it is not
Whoever follows a ruling mentioned in thisvolume from another school must observe the conditions given at w14, and makesure his worship is valid in at least one school, which for prayer can best beachieved by performing all recommended measures in the present volume relatingto purity, for example, e5, ell, and so on, as if obligatory.e6.S A second way to use differences between schools is to take the way ofgreater precaution by following whoever is most rigorous on a given question.For example, when performing the purificatory bath (ghusl), rinsing the mouthand nostrils with water is a nonobligatory, sunna measure according to the Shafi'ischool
but obligatory and necessary for the purificatory bath's validity accordingto Hanafis
The way of greater precaution is for the Shafi'i to perform it as diligentlyas if it were obligatory, even though omitting it is permitted by his school.('Abd al-Wahhab Sha'rani:) My brother,when you first hear of thc two levels of this scale(n: dispensation and strictness), beware of jump-ing to the conclusion that there is absolute freechoice between them, such that an Individual maywithout restriction choose either dispensation orstrictness in any ruling he wishes
It does not befita person able to perform the stricter ruling toto taking a dispensation permissible to him.(A: The more rigorous is always preferable in theShafi'i school, even when the dispensation is permissible.)For as you know, my brother, I do notsay that the individual is free to choose betweentaking the dispensation or taking the stricter rulingwhen he is able to perform the stricter rulingobligatory for him
I take refuge in Allah fromsaying such a thing, which is like making a game ofreligion
Of an absolute certainty, dispensationsare only for someone unable to perform thestricter ruling, for in such a case, the dispensationis the stricter ruling in relation to him.Moreover, I hold that mere sincerity andhonesty demand of anyone who follows a particularschool not to take a dispensation that the Imamof his school holds is permissible unless he is someonewho needs to; and that he must follow thestricter ruling of a different Imam when able to,since rulings fundamentally refer back to the wordof the Lawgiver, no one else; this being especiallynecessary when the other Imam's evidence isstronger, as opposed to what some followers do.We find among the dictums of the Sufis thatone should not follow a position in Sacred Law forwhich the evidence is weaker except when religiouslymore precautionary than the stronger position.For example, the Shafi'i opinion that (n: amale's) ablution is nullified by touching a girl whois a child or touching the nails or hair of a woman:though this position is considered weaker by them(n: than the position given at e7.3), it is religiouslymore precautionary, so performing ablution forthe above-mentioned things is better (al-Mizan alkubra(y123), 1.10-11).(A: Because more rigorous rulings necessarily meet the requirements of lessrigorous ones (though not vice versa)
following more rigorous rulings fromanother school is unconditionally valid, unlike following its dispensations
AndAllah knows best.)*

(' Abd al-Wahhab Khallaf:) Three conditionsmust exist in any aet that it is legally valid tomake an individual responsible for.The first is that the act be well enough knownto the individual that he can perform it in the wayrequired of him
It should be noted that the individual'sknowledge of what he is responsible formeans the possibility of his knOWing it, not hisactual knowledge of it
Whenever a personreaches puberty, of sound mind and capable ofknowing the rulings of Sacred Law by himself orby asking those familiar with them, then he is consideredto know what he is responsible for, andrulings are carried out on him, their consequencesexacted of him, and the excuse of being ignorantof them is not accepted from him.The second condition is that it is known thatthe ruling has been imposed by someone who possessesthe authority to do so and whose rules theindividual is obliged to observe, since it is throughthis knowledge that the individual's will can bedirected to obey him
This is the reason that in anyproof for a ruling of Sacred Law the first point discussedis why it is legally binding for individuals.The third condition is that the act the subjectis responsible for be possible and within the capacityofthe subject to do orto refrain from
This conditionin turn implies two things: first, that it islegally invalid to impose something impossible,whether impossible in itself or impossible becauseof another thing; and second, that it is invalid toask that a particular individual be responsible forsomeone else's performing an act or refrainingfrom one, since someone else's action or inactionis not within the individual's own capacity
Hence,a pcrson is not responsible for his father's payirgzakat, his brother's pcrforming the prayer, or hisneighbor'S refraining from theft
As regardsothers, all a person is obliged to do is to advise, tocommand the right and forbid the wrong, for theseare acts he is capable of.Nor is it legally valid to make a personresponsible for various innate human states whichare the results of natural causes that are not of theperson's acquisition or choice, such as emotionalarousal when angry; turning red when embarrassed;love, hate, grief, elation, or fear whenreasons for them exist; digestion; breathing; beingshort or tall, black or white; and other innate traitswith which people are born and whose presence orabsence is subject to natural laws, not to the individual'swill and choice, and which are thusbeyond his capacity and not among the things possiblefor him
And if some primary texts havereached us that apparently show that there isresponsibility for some of the things that are notwithin a person's capacity, these are not as theyseem
For example, the order of the Prophet(Allah bless him and give him peace),""Do not become angry,""is outwardly an order to refrain from somethingnatural and unacquircd, namely, anger whenmotives for it exist
But the real meaning is ""Controlyourself when angry and restrain yourselffrom its bad consequences.""

From the condition that an act must bewithin the individual's capacity before he can beheld accountable for it, one should not jump to theconclusion that this implies there will not be anyhardship whatsoever for the individual in the act.There is no contradiction between an act's beingwithin one's capacity and its being hard
Nothinga person is responsible for is completely free ofhardship, since moral responsibility is beingobliged to do that in which there is something tobear with, and some type of difficulty.Hardship, however, is of two types
The firstis that which people are accustomed to bear,which is within the limits of their strength, andwere they to continue bearing it, it would notcause them harm or damage to their persons, possessions,or other concerns
The second is thatwhich is beyond what people are accustomed tobear and impossible for them to continuallyendure because they would be cut off, unable togo on, and damage and harm would affect theirpersons, possessions, or one of their other concerns.Examples include fasting day after daywithout breaking it at night, a monastic life, fastingwhile standing in the sun, or making the pilgrimageon foot
It is a sin for someone to refuse totake a dispensation and insist on the stricter rulingwhen this will probably entail harm CIlm usul alfiqh(y71), 128-33).*

CAbd al-Wahhab Khallaf:) Two conditionsmust exist in an individual for it to be legallyvalid to hold him responsible.The first condition is that he is able to understandthe evidence that he is responsible forsomething, such that it is within his capacity tounderstand legal texts from the Koran and sunnaby which the ruling is imposed, whether by himselfor through another (dis: b5.I)
Since humanreason is something hidden
unobservable byoutwardsense perception, the Lawgiver has conjoinedresponsibility for rulings with somethingmanifest and perceptible to the senses from whichreason may be inferred, namely, puberty
Whoeverreaches puberty without showing signs ofimpaired intellectual faculties
his capacity forresponsibility exists
And conversely, neither aninsane person nor child are responsible, becauseof their lack of intellect
which is the means ofunderstanding the evidence that something is aruling
Nor are those responsible who are in astate of absentmindedness or sleeping, becausewhile they are heedless or asleep it is not withintheir capacity to understand
The Prophet (Allahbless him and give him peace) said,""The pen has been lifted from three: thesleeper until he awakens, the child until his firstwet dream, and the insane person until he canreason.""The second condition (n: for the legal validityof holding someone responsible) is that he be legallyeligible for the ruling
Eligibility is of twotypes, eligibility for obligation, and eligibility forperformance.clU Eligibility for obligation is the capacity of ahuman being to have rights and duties
This eligibilityis established for every person by the merefact of being human
whether male, female, fetus,child, of the age of discrimination, adolescent,intelligent, foolish, sane or insane, healthy or ill;because its basis is an innate attribute found inman
Every human being, whoever he or she maybe, has eligibility for obligation and none lacks itbecause one's eligibility for obligation is one'shumanness.There are only two human states in relationto eligibility for obligation, partial and full
Onecould have partial eligibility for obligation bybeing entitled to possess rights over others but nothave obligations towards them, like a fetus in itsmother's womb, which has rights, since it can bean heir, inherit a bequest, and the proceeds of anendowment (waqf) can accrue to it, but it does nothave any obligations to others
Full eligibility forobligation means a person has rights upon othersand obligations towards them
Every humanbeing acquires it at birth.

Eligibility for performance is the capal:ityof an individual for words and actions that are legallysignificant, such that if an agreement or actproceeds from him, it legally counts and entailsthe rulings applicable to it
If he prays, fasts,makes the pilgrimage, or does anything obligatory,it is legally acknowledged and discharges theobligation
And if he commits a crime againstanother's person, possessions, or honor, he is heldaccountable for his crime and is bodily or financiallypenalized.So eligibility for performance is responsibility,and its basis in man is intellectual discrimination.There are three states which a person mayhave in relation to eligibility for performance:(I) a person could completely lack or loseeligibility for performance, like a young child duringhis childhood or an insane person during hisinsanity (regardless of his age), neither of whomhas eligibility for performance beeause they lackhuman reason, and for neither of whom are therelegal consequences entailed by their words oractions
Their agreements and legal dispositionsare null and void, the limit of which is that if eitherof them commits a crime against another's personor possessions, he is responsible for paying theindemnity out of his own property, but not subjectto retaliation in his own person, This is the meaningof the scholars' expression, ""The intentionalact of a child or insane person is an honest mistake.""(2) A person could have partial eligibility forperformance, an example of which is the child whohas reached the age of mental discrimination (def:f1.2) but not puberty (k13.8), or the retarded person,who is not disturbed in intellect nor totallybereft of it, but rather is weak-minded and lackingin intellect, so that the Sacred Law treats him as itdoes the child with discrimination.Because each of these two possesses the basisof eligibility for performance by the fact of havingdiscrimination, those of their legal actions whichare absolutely beneficial to them, such as acceptinggifts or alms, are valid without their guardian'spcrmlsslon.As for those of their legal actions which arewholly harmful to them, such as giving donationsor waiving their rights to something, these are notin any way valid, even with the guardian's permission.The gift, bequest, endowment, and divorceof such persons are not valid, and the guardian'spermission is irrelevant to these actions.The legal actions of the child with discriminationor the retarded person which are betweenabsolute benefit and absolute harm to him arevalid, but only on condition that the guardiangives his permission for them
If the guardiangives permission for the agreement or disposition,it is implemented, and ifhe does not permit it, theaction is invalid.(3) Or a person could have full eligibility forperformance by the fact of having reached pubertysound of mind.Events, however, may befall this eligibility.They include those that happen to a person withoutaffecting his eligibility for performance byeliminating or diminishing it, but which alter somerulings concerning him because of considerationsand interests that arise through these events, notbecause of loss or lessening of eligibility for performance.Examples include the foolhardy andthe absentminded person
Both have reachedpuberty with normal intelligence and have fulleligibility for performance, but to protect theirown property from loss and prevent them frombecoming a financial burden on others, they aredeclared legally incompetent in financial dealingssuch that neither their financial transactions nordonations are valid
This is not because of a lack orlessening of their eligibility for performance, butrather to protect their own property.A debtor has likewise reached puberty withnormal intelligence and possesses full eligibilityfor performance, but to protect the rights of hiscreditors, he is declared legally incompetent tomake transactions with his money that infringe onthe rights of his creditors, such as charitable donations('Ilm usul al-fiqh (y71) 134-40).

In the name of Allah, Most Merciful andCompassionate.Praise be to Allah, Lord ofthe Worlds
Allahbless our liegelord Muhammad, his folk, and hisCompanions one and all.

This is a summary of the school of ImamShafi'i (the mercy and bliss of Allah Most High beupon him) in which I have confined myself to themost dependable positions (al-sahih) of the schoolaccording to Imam Rafi'i and Imam Nawawi, oraccording to just one of them
I may mention a differenceof opinion herein, this being when theirrecensions contend (dis: w12), giving Nawawi'sposition first (0: as he is the foremost reference ofthe school)
and then as opposed to it, that ofRafi'i (n: generally left un translated because it isthe weaker position where mentioned).

I have named it The Reliance of the Travellerand Tools of the Worshipper.(0: Reliance means that which is dependedupon
since the author meant that this text shouldbe a reliable resource work for whoever goes by it,because it contains the most dependable positionsof the school and omits the weak ones.Traveller (salik) derives from travel (suluk),meaning to proceed along, the allusion being tothe spiritual journey, meaning one's seekingknowledge of the rules of religion with seriousnessand effort, to thereby reach Allah Most High andbe saved from perdition.Tools are physical instruments their ownerdepends on in his work, like those of a carpenter.The tools here are knowledge of the rules of SacredLaw found in this text which the validity ofworship depends upon.)

I ask Allah to give benefit through it, andHe is my sufficiency, and best to rely on.

Water is of various types:(I) purifying;(2) pure;(3) and impure.

Purifying means it is pure in itself and itpurifies other things.( 0: Purification (Ar
tahara) in Sacred Law islifting a state of ritual impurity (hadath, def: e7),removing filth (najasa, e14), or matters similar tothese, such as purificatory baths (ghusl) that aremerely sunna or renewing ablution (wudu) whenthere has been no intervening ritual impurity.)

Pure means it is pure in itself but cannotpurify other things (0: such as water that hasalready been used to lift a state of ritual impurity).

Impure means it is neither purifying norpure
(0: Namely:(I) less than 216 liters of water (qullatayn)which is contaminated by filth (najasa), evenwhen none of the water's characteristics (n: i.e.taste, color, or odor) have changed;(2) or 216 liters or more of water when one ofits characteristics of taste, color, or odor havechanged (n: through the effect of the filth
As forthe purity of water that has been used to washaway filth, it is discussed below at e14.14).)

It is not permissible (0: or valid) to lift astate of ritual impurity or remove filth except withplain water (0: not used water (def: (2) below), orsomething other than water like vinegar or milk),meaning purifying water as it comes from nature.no matter what quality it may have (0: of taste,such as being fresh or saline (N: including seawater);of color, such as being white, black, orred; or of odor, such as having a pleasant smell).

It is not permissible to purify (def: e1.2(0:) with:(I) water that has changed so much that it isno longer termed water through admixture withsomething pure like flour or saffron which couldhave been avoided;(2) less than 216 liters of water that hasalready been used for the obligation (dis: c2.1(A:),end) of lifting a state of ritual impurity,even if only that of a child;(3) or less that 216 liters of water that hasbeen used to remove filth, even if this resulted inno change in the water.

It is permissible to purify with water:(1) (non-(l) above) that has been onlyslightly changed by saffron or the like;(2) that has been changed by proximity withsomething such as aloes or oil that are (0: i.e.even if) fragrant;(3) that has been changed by somethingimpossible to prevent, such as algae, tree leavesfalling in it, dust, or the effects of standing toolong;(4) (non-(2) of the previous ruling) that hasalready been used for a nonobligatory use such asthe sunnas of rinsing out the mouth, renewingablution when there has been no intervening stateof ritual impurity, or a sunna purificatory bath;(5) or water that has already been used (n: tolift a slate of ritual impurity) and has now beenadded together until it amounts to 216 liters ormore.

With less than 216 liters, if a person performingablution (after washing his face once) orthe purificatory bath (after making intention forit) makes the intention in his heart to use his handsto scoop up the water, then the introduction of hishands into this amount of water does not make thewater used
But if not (0: if he does not make thisintention at all, or does so after putting his handsin the water, which is less than 216 liters ), then therest of the water is considered as already used (n:and no longer purifying
But in the Maliki school(dis: c6.4( end)), it is valid (though offensive) tolift a state of ritual impurity with water that hasalready been used for that purpose (al-Sharh alsaghir'ala Aqrab al-masalik ila madhhab aI-ImamMalik (y35),1.37)).

As for 216 liters or more of water
even iftwo or more persons in a state of major ritualimpurity Ganaba, def: elO) are immersed in it,whether simultaneously or serially, their impurityis lifted and the water does not thereby becomeused (n: but remains purifying).

Qullatayn (lit
""two great jars"") roughlyequal five hundred Baghdad ritls, and their vol-ume is one and a quarter dhira' in height, width,and length.(n: The definition of qullatayn as being 216liters is based on estimating the dhira' at fortyeightcentimeters
Metric equivalents of Islamicweights and measures are given at wIS.)

Two hundred and sixteen liters of waterdoes not become impure by mere contact withfilth, but only becomes so by changing (n: in taste,color, or smell) because of it, even when (0: thischange is) only slight.

If such change (n: in 216 liters or more ofwater) disappears by itself (0: such as throughstanding at length) or by water (0: added to it,even if the additional water is used or impure)then the water is again purifying.

But the 216 liters of water does notbecome purifying if the change disappears by (0:putting) such things as musk (0: in it, or ambergris,or camphor, which mask the scent; or puttingsaffron and the like in it which mask the color) orvinegar (0: which masks the taste) or earth.

Less than 216 liters becomes impure bymere contact '.\lith filth, whether the waterchanges or not, unless filth falls into it whoseamount (N: before it falls in is so small that it) isindiscernible by eyesight (A: eyesight, here andfor all rulings, meaning an average look, not anegligent glance nor yet a minute inspection), or ifsomething dead falls into it of creatures withoutflowing blood, such as flies and the like, in both ofwhich cases it remains purifying
This is equallytrue of running or still water.

When less than 216 liters of impure wateris added to (0: even if with impure water) until itamounts to 216 liters or more and no change (def:below) remains in it, then it is (0: has become)purifying.

Change, resulting from something pure orimpure, means in color, taste, or smell.(N: But the least change caused by filthmakes water (n; even if more than 216 liters)impure, while change caused by something puredoes not hurt as long as it can still be termed water.For example, when sugar and tea leaves have beenadded to water and it is called tea, it has becomepure but not purifying
As for a slight discolorationby tea leaves, or a slight sweetness from sugar, thisdoes not negate water's being purifying.)

Purification is permissible with water fromany pure container, except those of gold or silver,or those to which enough gold or silver has beenapplied that any of it could be collected from thevessel by heating it with fire (N: meaning that ifthe vessel were exposed to fire, the metallic coatwould melt and separate from the container, evenif not drop by drop)
Such containers or utensilsare unlawful for men or women to use in purification,eating, drinking, or other use (0: of any typewhatever)
It is unlawful to acquire such a containeror utensil even if one does not use it
Evena small eye-liner stick of silver is unlawful.

Vessels soldered with gold are absolutelyunlawfuLIt is unlawful to use a vessel to which much(def: f4.5) silver solder has been applied by way ofdecoration: permissible to use a vessel to whichonly a little silver solder has been applied by wayof a needed repair; and offensive but not unlawfulto use a vessel to which only a little silver has beenapplied for decoration, or much out ofnecessity.Solder means that a part of the vessel hasbeen broken and then silver is put there to hold ittogether.

It is offensive to use the vessels of nonMuslims(N: before washing them) (0: to becertain of the purity of the vessels used, since nonMuslimsare not as concerned about purity asMuslims are) or wear their clothes (0: for thesame reason).

It is permissible to use a vessel made ofany precious gem, such as a ruby or emerald.*

CO: In Sacred Law it refers to the use of a twigor the like on the teeth and around them toremove an unpleasant change in the breath Orsimilar, together with the intention (n: of performingthe sunna).)

Using a toothstick is recommended anytime, except after noon for someone who is fasting,in which case it is offensive
(A: Using toothpasteis also offensive then, and if any reaches thestomach of someone fasting, it is unlawful (n: ifthe fast is obligatory, as this breaks a fast).)

It is especially desirable to use the toothstickfor every prayer, for reading (0: the Koran,hadith, or a lesson), ablution, yellowness of teeth,waking from sleep, entering one's house, and forany change of breath from eating something witha bad odor or from not eating.(A: When there exists a demand for an act,such as using the toothstick before reading theKoran, and an equal demand not to, as when it isafter noon on a fast-day, then the proper course isnot to do it.)

Anything coarse is adequate (n: to fulfillthe sunna) except rough fingers, though the best isa twig from the arak (n: a desert shrub) that isdried (N: meaning previously cut from the shrublong enough to have dried) and then moistened.

It is best to clean the teeth laterally, beginningon the right and paying particular attention tothe bases of the back teeth, and to intend theBunna thereby.*

It is sunna:(1) to trim the fingernails and toenails;(2) to clip one's mustache (0: when it growslong
The most one should clip is enough to showthe pink ofthe upperlip
Plucking it out or shavingit off is offensive.) (A: Shaving one's beard isunlawful according to all Imams except Shafi'i,who wrote two opinions about it, one that it isoffensive, and the other that it is unlawful
A weakchain of narrators ascribes an opinion of offensivenessto Imam Malik
It is unbelief (kufr) toturn from the sunna in order to imitate nonMuslimswhen one believes their way to besuperior to the sunna);(3) for those used to it, to pluck away the hairof the underarms and nostrils, though if pluekingthe underarms is a hardship, then shaving them;and to shave the pubic hair;(4) and to line the eyes with kohl (n: anantimonic compound that one should be careful tosee contains no lead), each eye an odd number oftimes, preferably three.

It is offensive to shave part of the head andleave part unshaven (A: though merely cuttingsome of the hair shorter than another part is notobjectionable)
There is no harm in shaving it alloff (0: but it is not recommended except for therites of hajj and 'umra (n: the greater and lesserpilgrimages)) .

Circumcision is obligatory (0: for bothmen and women
For men it consists of removingthe prepuce from the penis, and for women,removing the prepuce (Ar
bazr) of the clitoris (n:not the clitoris itself, as some mistakenly assert).(A: Hanbalis hold that circumcision of women isnot obligatory but sunna, whileHanafis consider ita mere courtesy to the husband.)

It is unlawful for men or women to dyetheir hair black, except when the intention is jihad(0: as a show of strength to unbelievers)
Pluckingout gray hair is offensive
It is sunna to dye the hairwith yellow or red
(N: It is unlawful for a womanto cut her hair to disfigure herself (n: e.g
formourning), though if done for the sake of beautyit is permissible.) It is sunna for a married womanto dye all of her hands and feet with henna (n: ared plant dye), but it is unlawful for men to do sounless it is needed (N: to protect from sunburn,for example).*

(N: Meaning to wash certain parts ofthe bodywith water, with the intention of worship.)(0: The legal basis for ablution, prior toscholarly consensus, is the word of Allah MostHigh,""0 believers, when you go to pray, wash yourfaces, and wash your forearms to the elbows, wipeyour heads, and [wash] your feet to the twoanklebones"" (Koran 5:6),and the hadith related by Muslim,""A prayer is not accepted without purification.

Ablution has six obligatory integrals:(a) to have the intention when one startswashing the face;(b) to wash the face;(c) to wash the arms up to and including theelbows;(d) to wipe a little of the head with wethands;(e) to wash the feet up to and including theanklebones;(f) and to do these things in the order mentioned.The sunnas of ablution are all its actionsbesides the above
(N: The obligatory minimum isto perform (b), (c), (d), and (e) once, though thesunna is to perform them each three times.)

THE INTENTIONThe person performing ablution intends:(1) to lift a state of lesser ritual impurity(hadath) (0: since the purpose of ablution is toeliminate that which prevents prayer and thelike);(2) to purify for the prayer;(3) or to purify for something not permissiblewithout purification, such as touching aKoran, or something else ..(N: The simple intention to perform the obligationof ablution suffices in place of all theabove.)

The above intentions are not used by threetypes of people when performing ablution:(1) a woman with chronic vaginal discharge(def: e13.6);(2) a person unable to hold back intermittentdrops of urine coming from him (n: or with somesimilar state of chronic annulment of ablution(e13.7));(3) or a person intending to perform dryablution (tayammum, def: e12).Such people merely intend permission to performthe obligation of the prayer as they begintheir ablution.(0: The intention to lift a state ofminorritualimpurity is inadequate for these people becausetheir state of impurity is not lifted.) (n: Rather,the Sacred Law gives them a dispensation to performthe prayer and so forth without lifting it.)

The necessary condition of ablution is thatthe intention for it exist in the heart and that itaccompany one's washing the first part ofthe face.It is recommended to pronounce it aloud, andthat it be present in the heart from the first of ablution(0: during the preliminary sunnas beforewashing the face, so as to earn their reward)
It isobligatory that this intention persist in the heartuntil one washes the first part of the face (0: asthat is the first integral)
If one confines oneself tomaking the intention when washing the face, itsuffices, but one is not rewarded for the previoussunnas of rinsing the mouth and nostrils and washingthe· hands (N: provided that one merelyintended cleanliness or something else by them,and the intention of worship did not come to one'smind).

HOW TO PERFORM ABLUTIONIt is recommended to begin ablution bymentioning (n: in Arabic, like the other invocationsin this volume (def: wI)) the name of AllahMost High (0: by saying ""In the name of Allah,""'which is the minimum.The optimum is to say, ""In the name ofAllah
Most Merciful and Compassionate.""Before this
it is sunna to say, ""I take refuge inAllah from the accursed Devil,"" and to add afterthe Basmala: ""Praise to Allah fOT Islam and itsblessings
Praise to Allah who made water purifyingand Islam a light
My Lord, I take refuge inYou from the whispering of devils and take refugein You lest they come to me."" It is sunna to say allthe above to oneself.)If one intentionally or absentmindedly omitssaying the name of Allah (n: at the first of ablution),then one pronounces it during it (0: by saying.""In the name of Allah, first to last"").

It is recommended to wash the handsthree times.(0: By saying ""three times,"" the author indicatesthe sunna character of performing such actsthrice, and that it is an independent sunna (N:rewarded apart from the sunnas it is conjoinedwith).)If one has doubts as to whether or not one'shands are free of filth, it is offensive to dip theminto less than 216 liters of water without first washingthem three times
(0: When sure they arepure, it is not offensive to immerse them
Whensure they are impure,it is unlawful to dip theminto this amount of water (N: since it spoils it bymaking it impure).)

One next uses the toothstick (def: e3), andthen rinses the mouth and nose out three times,with three handfuls of water
One takes in amouthful from a handful of water and snuffs upsome of the rest of the handful into the nostrils (n:swishing the water around the mouth, and expellingthe water of the mouth and the .nose simultaneously),then again rinses the mouth and thenthe nostrils from a second handful of water, followedby rinsing the mouth and then the nostrilsfrom a third handful of water.One lets the water reach as much of themouth and nostrils as possible, unless fasting.when one goes lightly.

Then one washes the face three times,facemeaning from the point where the hairline usuallybegins to the chin in height, and from ear to ear inwidth.

It is obligatory to wash all facial hairinner,outer, and the skin beneath, whether thehair is thick or thin-such as eyebrows, mustache,and so forth; except for the beard, since:(1) ifit is thin, its inner and outer hair and theskin beneath must be washed;(2) but if thick, then the outer hair is enough,though it is recommended to saturate it by combingit from beneath with wet fingers.It is obligatory to cause the water to flow overthe outer (0: hair of the) part of the beard thathangs below the chin (0: though not its innerhair),It is obligatory to wash part of the head inevery direction beyond the bounds of the face, tomake sure everything has been completelycovered.It is sunna to use new water to saturate one'sbeard (0: ifit is thick) by combing it from beneathwith the fingers.

Then one washes the hands up to andincluding the elbows three times.(If the arm has been amputated between thehand and elbow, it is necessary to wash theremaining forearm and the elbow, If amputated atthe elbow, then the end of the upper arm must bewashed, If it has been amputated between theelbow and shoulder, then it is recommended towash the rest of the upper arm,)

Then one wipes the head with wet hands,beginning at the front of the head, sliding thepaired hands back to the nape of the neck, andthen returning them to where one began, (0: Thisis an explanation of the best way, for otherwise,fulfilling the obligation does not depend on startingat the front, but may be from any part of thehead.) One does this three times.If one is bald, or one's hair never grew, or islong, or braided, then it is not recommended toslide the hands back to the front.Each of the following suffices as wipingthe head:(1) to place the hand on the head withoutmoving it so that one wets any of what is referredto by ""wiping the head,"" the minimum of which ispart of a single hair, provided this part does nothang below the limits of the head;(2) to drip water on the head without makingit flow over it;(3) or to wash the head.(If it is difficult to remove one's turban, thenafter wiping the minimum of the head required,one may finish by wiping the turban.)

One then wipes the ears inside and outwith new water, three times, and then the ear canalswith one's little fingers with more new water,three times (0: though this second sunna is notseparately mentioned in the more well knownbooks, which speak of the two sunnas together,making ""wiping the ears"" include the ear canals).

Then one washes the feet up to and includingthe anklebones three times.

If one does not know whether one washeda particular limb or the head three times (N: as issunna), then one assumes one has washed it theleast number that one is sure of, and washes asmany additional times as it takes to be certain onehas reached three.

One begins with the right when washingarms and legs, but not the hands, cheeks, andears, which are washed right and left simultaneously.

One washes more than is obligatory of theface by adding part of the head and neck, andlikewise with the arms and legs by washing abovethe elbows and ankles, the maximum of which isthe whole upper arm or lower leg.

One washes the parts of the body successivelyand without pausing between them (0: suchthat in normal weather the last part would not drybefore one began the next), though if one pausesbetween them, even for a long time, one's ablutionis still valid without renewing the intention.

After finishing, one says: HI testify thatthere is no god but Allah, alone, without partner,and I testify that Muhammad is His slave andmessenger
0 Allah, make me one of the oftrepentant,one of the purified, one of Your goodlyslaves
0 Allah, I declare Your exaltedness aboveevery imperfection and Your praise
I testify thereis no god but You
I ask Your forgiveness and turnto You in repentance.""There are supplications said for each limbwashed, but these are not authenticated as beingof the sunna.

OTHER RECOMMENDED MEASURESOther recommended measures (adab)include:(I) facing the direction of prayer;(2) not to talk during ablution for other thana necessity;(3) and to begin with the top of the face andnot slap water upon it.

If another person is pouring one's water(N: or if using a tap) one begins washing the armsfrom the elbows, and the feet from theanklebones
If pouring one's own water (N: froma jug, for example), one begins washing the armsfrom the fingers and the feet from the toes.

One should take care that water reachesthe inner corners of the eyes, and the heels (N: upto the level of the anklebones) and similar placesit is feared one may neglect, especially during thewinter.

One moves one's ring when washing thehand to allow water to reach the skin beneath
(0:If the water cannot otherwise get under it, it isobligatory to move the ring.)

One saturates between the toes using thelittle finger of the left hand
One begins with thelittle toe of the right foot, coming up through thetoes from beneath, and finishes with the little toeof the left.

THINGS OFFENSIVE IN ABLUTIONIt is offensive:(1) to have another person wash one's limbs,unless there is some excuse (0: such as old age orthe like);(2) to wash the left before the right;(3) or to waste water.

It is recommended:(1) not to use less than 0.51 liters (mudd) ofwater for ablution;(2) not to use less than 2.03 liters (sa') ofwater for the purificatory bath (ghusl);(3) not to dry off the parts washed in ablution(N: unless there is an excuse such as illness or coldweather) or shake the water off one's hands;(4) notto ask another to pour waterfor one'sablution;(5) and not to wipe the neck.

OTHER PROVISIONSIf dirt under the nails prevents the water(0: of ablution or the purificatory bath fromreaching the skin beneath) then the ablution (0:or bath) is not valid.(N: The same is true of waterproof glue,paint, nail polish, and so forth on the nails or skin:if it prevents water from reaching any part of thenails or skin, no matter how small, one's ablutionor purificatory bath is not valid.)

If one has doubts during the course of theablution that one has washed a particular limb orthe head, then it is obligatory to wash it againand everything that follows it in the ablutionsequence.But if these doubts arise after one hasfinished ablution, one need not repeat anything.(A: The same is true of the purificatory bath(ghusl)
)

It is recommended to renew the ablution(N: when there has been no intervening state ofminor ritual impurity) when one has performedany prayer, obligatory or nonobligatory, with it.

Ablution is recommended for someone ina state of major ritual impurity (janaba) whowishes to eat, drink, sleep, or make love again.And Allah knows best.*

(N: Wiping one's footgear (Ar
khuff) withwet hands is a dispensation that can take the placeof the fifth ablution integral of washing the feet.The footgear Muslims generally use for this areankle-high leather socks that zip up and are worninside the shoes.)

Wiping footgear is permissible for 72hours (lit
""three days and nights"") to a travelleron a lawful trip (N: one not undertaken for purposesof disobeying Allah) that fulfills the conditionspermitting one to shorten prayers onjourneys (def: f15.1-5).Wiping them is permissible to a nontravellerfor 24 hours (lit
""a day and a nigh!"")
(n: Atthe end of these periods, one removes thefootgear to perform ablution, or, if one has ablutionat the time, to wash the feet, before puttingthem on again and starting a new period of permissibility,as at e6.7.)The beginning of the period is reckoned fromthe time of the first minor ritual impurity (hadath)that occurs after having put them on while in astate of ablution.Wiping footgear is permissible for only 24hours:(1) when one has wiped both of a pair offootgear for ablution or just one of the pair (n:leaving the other for later) when not on a trip, andthen begun travelling;(2) or (0: when one has wiped both of a pairof foot gear or just one) when on the trip and thenfinished travelling;(3) or when one is in doubt as to whether onefirst wiped one's footgear for ablution whiletravelling or whether it was while not travelling.Wiping footgear is permissible for 72 hours ifone's ablution is nullified when not travelling andone then lifts that state of minor ritualimpurity bywiping them for the ablution while travelling.

When one doubts as to whether or not thepermissible period for wiping them has expired,then one may not wipe them while the doubtexists
(A: Because dispensations cannot be takenunless one is certain (N: of their necessary conditions).)If one has doubts (n: when near the end ofthe permissible period for wiping them, for example,and uncertain exactly when it began)about whether one nullified one's ablution at thetime of the noon prayer, or whether it was at thetime of the midafternoon prayer, then one proceedson the assumption that it was at the time ofthe noon prayer.

If a state of major ritual impurity (janaba)occurs during the permissible period for wipingfootgear, then one must take them off for thepurificatory bath (ghusl).

The conditions for the permissibility ofwiping footgear are:(a) that one have full ablution when one firstputs them on;(b) that they be free of filth;(c) that they cover the whole foot up to andincluding the anklebones;(d) that they prevent water (N: if dripped onthem drop by drop from directly) reaching thefoot (O:-if water reaches the foot through theholes of a seam's stitches, it does not affect the validityof wiping them, though if water can reachthe foot through any other place, it violates thiscondition);(e) and that they be durable enough to keepwalking around upon as travellers do in attendingto their needs (0: when encamping, departing,etc.);-no matter whether they are of leather, felt,layers of rags (N: including thick, heavy woolsocks that prevent water from reaching the foot(A: not modern dress socks (n: due to non-Cd) and(e) abovc), which are not valid to wipe in anyschool, even if many are worn in layers)), wood,or other; nor whether they have a cleavage lacedup with eyelcb (0: provided none of the footshows).One may not wipe footgear if wearing justone of a pair, washing the other foot
Nor if any ofthe foot shows through a hole in them.

It is sunna to wipe the footgear on the top.bottom, and heel in lines (N: as if combing somethingwith the fingers), without covering everypart of them or wiping them more than once.One puts the left hand under the heel and theright hand on top of the foot at the toes, drawingthe right hand back towards the shin while drawingthe left along the bottom of the foot in theopposite direction towards the toes.It is sufficient as wiping the Jootgear to wipeany part of their upper surface (N: with wethands), from the top of the foot up to the level ofthe anklebones
It is not sufficient to only wipesome of the bottom, heel, side of the foot, or someof the footgear's inner surface that faces the skin.

When on an ablution that was performedby wiping the footgear, and then some part of thefoot shows because of taking them off, or througha hole, it's sufficient (N: to complete one's ablution)to merely wash the feet again (0: withoutrepeating the ablution).*

(N: Meaning the things that nullify one'sablution.)

The first is anything that exits from thefront or rear private parts, whether a substance(0: such as urine or feces) (N: or the mucus thatexits from the vagina with or without sexual stimulation,though not a woman's sexual fluid thatappears through orgasm, discussed below) orwind, and whether something usual or somethinguncommon such as a worm or stones
But not amale's sperm or female's sexual fluid (Ar
maniyy,that which exits with orgasmic contractions,whether a man's or a woman's (def: el0A)), whichnecessitates the purificatory bath (N: as it causesmajor ritual impurity) but does not necessarilynullify ablution, an example ofthis being someonefirmly seated (dis: e 7.2, second paragraph) whosleeps and has a wet dream, or someone who looksat something lustfully and sperm or sexual fluidcome
Otherwise, if one makes love to one'sspouse, or has an orgasm while lying asleep, ablutionis nullified (n: respectively) by touching thespouse's skin (e7.3) or by sleep (below).LOSS OF INTELLECt THROUGH SLEEP ETC.

The second cause of minor ritual impurityis loss of intellect (0: meaning the loss of the abilityto distinguish, whether through insanity,unconsciousness, sleep, or other
Loss of intellectexcludes drowsing and daydreaming, which donot nullify ablution
Among the signs of drowsingis that one can hear the words of those present,even if uncomprehendingly).Sleep while firmly seated on the ground (A:or any other surface firm enough to prevent a person'sbreaking wind while seated on it asleep)does not nullify ablution, whether ridingmounted, leaning on something which if removedwould cause one to fall, or otherwise seated.If one sleeps when firmly seated and one'srear moves from its place before one awakens, thisnullifies one's ablution
But not if:(I) one's rear moved after or during awakenfing,or if one is uncertain about whether it happenedbefore awakening or during;(2) one's arm dropped to the ground whileone was firmly seated;(3) or when one drowses while not firmlyseated, hearing but not comprehending, or if oneis uncertain as to whether one drowsed or slept,or uncertain as to whether one slept while firmlyseated or not firmly seated.

CONTACT OF MAN AND WOMAN'S SKINThe third cause of minor ritual impurity iswhen any, no matter how little, of the two skins ofa man and woman touch (N: husband and wife, forexample) when they are not each other's un marriageablekin (Ar
mahram, def: m6), even if theytouch without sexual desire, or unintentionally ,and even if with tongue or a nonfunctional orsurplus limb; though touching does not includecontact with teeth, nails, hair, or a severed limb.Ablution is also nullified by touching an agedperson or a corpse (N: of the opposite sex) but notby touching a member of one's unmarriageablekin, or a child who is younger than the age thatusually evokes sexual interest.One's ablution is not nullified when one isuncertain about:(1) whether one touched a male or female;(2) whether one touched hair or skin;(3) or whether the person one touched wasof one's unmarriageable kin or not.

TOUCHING HUMAN PR[VATE PARTSWITH HANDThe fourth cause of minor impurity istouching human private parts with the palm arinner surface afthe fingers only (N: i.e
those partswhich touch when the hands are put together palmto palm), whether one touches the private parts:(1) absentmindedly;(2) without sexual desire;(3) in the front or rear;(4) of a male or female;(5) of oneself or another, even if deceased,or a child;-but not if one touches them with one's fingertips,the skin between the fingers, with the outeredge of the hand, or touches the correspondingparts of an animal.

Ablution is not nullified by vomiting, lettingblood, nosebleed, laughing during the prayer,eating camel meat, or other things (N: not discussedabove).

When certain that a minor ritual impurityhas occurred, but uncertain whether one subsequentlylifted it (N: with ablution), then one is ina state of minor ritual impurity (A: because in SacredLaw, a state whose existence one is certainabout does not cease through a state whose existenceone is uncertain about).When certain that one had ablution, butuncertain that it was subsequently nullified, thenone still has ablution.

The following are unlawful for someone ina state of minor ritual impurity:(1) to perform the prayer;(2) to prostrate when reciting the Koran atverses in which it is sunna to do so (def: f11.13);(3) to prostrate out of thanks (f11.19);(4) to circumambulate the Kaaba (j5);(5) or to carry a Koran, even by a strap or ina box, or touch it, whether its writing, the spacesbetween its lines, its margins, binding, the carryingstrap attached to it, or the bag or box it is in.(n: Other aspects of proper manners (adab) towards the Book of Allah aretreated below at wI6.) (A: The opinion expressed in Fiqh al-sunna that it is permissibleto touch the Koran without ritual purity is a deviant view contrary to allfour schools of jurisprudence and impermissible to teach (dis: r7.1(3), except toexplain that it is aberrant.) (n: Though in theHanafi school, it is permissible forsomeone in a state of minor ritual impurity to touch or carry a Koran that is insidea cover not physically attached to it, such as a case or bag, as opposed to somethingjoined to it, like a binding (al-Lubab fi sharh al-Kitab (y88), 1.43)
AndAllah knows best.)

It is also unlawful (n: when without ablution)to touch or carry any of the Koran written forthe purpose of study, even a single verse or part ofone, as when written on a slate or the like.(0: But this is permissible for nonstudy purposessuch as when the Koran is intended to be anamulet (def: wI7)
It is not prohibited to touch orcarry such an amulet even if it contains wholesuras, or even, as Sheikh (N: Shirbini) ai-Khatibhas said, if it contains the whole Koran.)It is permissible to carry a Koran in one's baggageand to carry money, rings, or clothes onwhich Koran is written.It is permissible to carry books of SacredLaw, hadith, or Koranic exegesis which containKoran, provided that most of their text is notKoran (0: because the non-Koranic part is thepurpose, though this is unlawful if half or more isKoran).Boys who have reached the age of discrimination(def: f1.2(0:)) may touch or carry the Koranwhile in a state of minor ritual impurity (0:because of the need to learn it and the hardship oftheir keeping ablution, and likewise for younggirls, though this is for study alone, as opposed tononstudy, when it is unlawful
As for childrenunder this age, their guardian may not give aKoran to them) (A: as this is an insult to it
Also,teachers should remind children that it is unlawfulto moisten one's fingers with saliva to turn itspages).Someone in a state of minor or major impuritymay write Koran if he does not touch or carrywhat he has written.

When one fears that a Koran may burn,get soaked, that a non-Muslim may touch it, orthat it may come into contact with some filth, thenone must pick it up if there is no safe place for it,even if one is in a state of minor or major ritualimpurity, though performing the dry ablution(tayammum, def: e12) is obligatory if possible.

It is unlawful to use a Koran or book ofIslamic knowledge as a pillow (0: except for fearof theft, when it is permissible to do so).And Allah knows best.*

It is recommended when one intends touse the lavatory:(1) to put something on one's feet, unlessthere is an excuse (0: such as not having shoes);(2) to cover the head (0: even if only with ahandkerchief or other);(3) to set aside anything on which there is themention of Allah Most High, His messenger(Allah bless him and give him peace), or anyrevered name (0: like those of prophets orangels)
If one enters with a ring (0: on whichsomething worthy of respect is written), onecloses one's hand around it;(4) to ready stones (N: or other suitablematerial (def: e9.5)) (0: if one uses them) to cleanoneself of filth (N: though water alone is sufficient);(5) to say before entering:""In the name of Allah
0 Allah, I take refugein You from demons, male and female,""and after leaving,""[0 Lord,] Your forgiveness
Praise be toAllah who rid me of the hurt and gave me health"";(6) to enter with the left foot first and departwith the right foot first (and this, together with (3)and (5) above, are not only for indoors, butrecommended outdoors as well);(7) not to raise one's garment until onesquats down to the ground (0: to keep one'snakedness covered as much as possible) and tolower it before one stands up;(8) to put most of one's weight on the leftfoot while squatting;(9) not to spend a long time;(10) not to speak;(11) when finished urinating, for men tosqueeze the penis with the left hand from base tohead (0: recommended because this is where theurethra is, and for women to squeeze their frontbetween thumb and forefinger) (N: so urine doesnot exit later and nullify one's ablution) pullinglightly three times (0: this being recommendedwhen one thinks the urine has stopped, though ifone thinks it has not, this is obligatory);(12) not to urinate while standing (0: whichis offensive) unless there is an excuse (N: such aswhen standing is less likely to spatter urine onone's clothes than sitting, or when sitting is ahardship);(13) not to clean oneself with water in thesame place one relieved oneself, if it might spatter,though if in a lavatory one need not move to adifferent place;(14) to distance oneself from others if out·doors and to screen oneself;(15) not to urinate into holes, on hard places,where there is wind, in waterways, where peoplegather to talk, on paths, under fruit trees, neargraves, in still water, or in less than 216 liters ofrunning water;(16) and not to relieve oneself with one'sfront or rear facing the sun, moon, or the SacredPrecinct in Jerusalem.

It is unlawful to urinate on anythingedible, bones, anything deserving respect, agrave, or in a mosque, even if into a receptacle.

It is unlawful to urinate or defecate withone's front or rear towards the direction of prayerwhen outdoors and there is no barrier to screenone, though it is permissible when outdoors orindoors within a meter and a half of a barrier atleast 32 cm
high, or in a hole that deep
When oneis not this close to such a barrier, it is not permissibleexcept in a lavatory, where, if the walls arefarther from one than the maximal distance or areshorter than the minimal height, relieving oneselfwith front or rear towards the direction of prayeris permissible, though offensive.

It is obligatory to clean oneself of everyimpure substance coming from one's front or rear,though not from gas, dry worms or stones, orexcrement without moisture.

Stones suffice to clean oneself, though it isbest to follow this by washing with water
Anythingcan take the place of stones that is a solid,pure, removes the filth, is not something thatdeserves respect or is worthy of veneration, norsomething that is edible (0: these being five conditionsfor the validity of using stones (N: or somethingelse) to clean oneself offilth without havingto follow it by washing with water).But it is obligatory to wash oneself withwater if:(1) one has washed away the filth with aliquid other than water, or with somethingimpure;(2) one has become soiled with filth from aseparate source;(3) one's waste has moved from where itexited (n: reaching another part of one's person)or has dried;(4) or if feces spread beyond the inner buttocks(N: meaning that which is enfolded whenstanding), or urine moved beyond the head of thepenis, though if they do not pass beyond them,stones suffice.It is obligatory (N: when cleaning oneselfwith a dry substance alone) to both remove thefilth, and to wipe three times, even when once isenough to clean it, doing this either with threepieces (lit: ""stones"") or three sides of one piece
Ifthree times does not remove it, it is obligatory to(N: repeat it enough to) clean it away (0: as thatis the point of cleaning oneself
Nawawi says in aleMajmu' that cleaning oneself (N: with a dry substance)means to remove the filth so that nothingremains but a trace that could not be removedunless one were to use water) (N: and when thishas been done, any remaining effects of filth thatcould have only been removed with water areexcusable)
An odd number of strokes is recommended.One should wipe from front to back onthe right side with the first piece, similarly wipethe left with the second, and wipe both sides andthe anus with the third
Each stroke must begin ata point on the skin that is free of impurity.Major Ritual Impurity (Janaba) e10.0It is offensive to use the right hand to cleanoneself of filth.

It is best to clean oneself of filth beforeablution, though if one waits until after it to clean,the ablution is nevertheless valid (N: providedthat while cleaning, the inside surface of the hand(def: e7.4) does not touch the front or rear privateparts).If one waits until after one's dry ablution(tayammum, def: e12) to clean away filth, the dryablution is not valid (A: because lack of filth is acondition for it).*

The purificatory bath (ghusl, def: ell) isObligatory for a male when:(1) sperm exits from him;(2) or the head of his penis enters a vagina;and is obligatory for a female when:(1) sexual fluid (def: belOW) exits from her;(2) the head of a penis enters her vagina;(3) after her menstrual period;(4) after her postnatal lochia stops or after achild is born in a dry birth.(n: The Arabic term maniyy used in all theserulings refers to both male sperm and female sexualfluid, i.e
that which comes from orgasm, andboth sexes are intended by the phrase sperm orsexual fluid wherever it appears below.)

When a woman who has been made loveto performs the purificatory bath, and the male'ssperm afterwards leaves her vagina, then she mustrepeat the ghusl if two conditions exist:(a) that she is not a child, but rather oldenough to have sexual gratification (A: as it mightotherwise be solely her husband's sperm);(b) and that she was fulfilling her sexual urgewith the lovemaking, not sleeping or forced.

Male sperm and female sexual fluid arerecognised by the fact that they:(a) come in spurts (n: by contractions);(b) with sexual gratification;(c) and when moist, smell like bread dough,and when dry, like egg-white.When a substance from the genital orifice hasanyone of the above characteristics, then it issperm or sexual fluid and makes the purificatorybath obligatory
When not even one of the abovecharacteristics is present, it is not sperm or sexualfluid
Being white or thick is not neeessary for itto be considered male sperm, and being yellow orthin is not necessary for it to be consideredfemale sexual fluid.

The purificatory bath is not obligatory:(1) when there is an unlustful discharge ofthin, sticky, white fluid (madhy) caused by amorousplay or kissing;(2) or when there is a discharge of the thick,cloudy white fluid (wady) that exits after urinating(0: or carrying something heavy).

If one does not know whether one's dischargeis sperm or whether it is madhy (def: (1)above), then one may either:(1) consider it sperm, and perform thepurificatory bath (0: in which case washing theportions of clothes and so forth affected with it isnot obligatory, as it is legally considered a puresubstance) ;(2) or consider it madhy, and wash theaffected portions of the body and clothes (N:which is obligatory, as it is legally consideredfilth), and perform ablution, though not thepurificatory bath.The best course in such cases of uncertainty isto do all of the above (0: of bathing, washing theaffected portions, and ablution, so as to take dueprecaution in one's worship).

All things unlawful for someone in minorritual impurity (def: e8.l) are also unlawful forsomeone in a :state of major ritual impurity (N: ormenstruation)
In addition, it is likewise unlawfulfor such a person:(1) to remain in a mosque;(2) or to recite any of the Koran, even part ofa single verse, though it is permissible to use itsinvocations (dhikr) when the intention is notKoran recital (0: such as saying in disasters,""Surely we are Allah's, and unto Him we willreturn,"" and the like)
If one intends Koran recital,it is disobedience, but if one intends itprimarily as invocation (dhikr), or as nothing inparticular, it is permissible.It is permissible to pass through a mosque (A:though not to enter and leave by the same door(Ar
taraddud), which is unlawful) when one is ina state of major ritual impurity, but this is offensivewhen there is no need.*

When performing the purificatory bath,one:(1) begins by saying, ""In the name of Allah,Most Merciful and Compassionate"";(2) removes any unclean matter on the body(0: pure or impure);(3) performs ablution (wudu) as one doesbefore the prayer;(4) pours water over the head three times,intending to lift a state of major ritual impurity(janaba) or menstruation, or to be permitted toperform the prayer, and running the fingersthrough one's hair to saturate it;(5) and then pours water over the body'sright side three times, then over the left side threetimes, ensuring that water reaches all joints andfolds, and rubbing oneself.(6) If bathing after menstruation, a womanuses some musk to eliminate the afterscent ofblood (0: by applying it to a piece of cotton andinserting it, after bathing, into the vagina as far asis obligatory (def: (b) below) for her to wash)
(N:What is meanHhereby is a substance that removesthe traces of filth, by any means, and it is fine touse soap.)Two things (N: alone) are obligatory for the validityof the purificatory bath:(a) having the intention «4) above) whenwater is first applied to the parts that must bewashed;(b) and that water reaches all of the hair andskin (N: to the roots of the hair, under nails, andthe outwardly visible portion of the ear canals,though unlike ablution the sequence of washingthe parts is not obligatory), even under the foreskinof the uncircumcized man, and the privateparts of the nonvirgin woman which are normallydisclosed when she squats to relieve herself.(n: In the Hanafi school, rinsing out themouth and nostrils (def: eS, 7) is obligatory for thevalidity of the purificatory bath (al-Lubab Ii sharhal-Kirab (y88), 1.14)
It is religiously more precautionaryfor a Muslim never to omit it, andAllah knows best.)

If one begins the purificatory bath whileon ablution (wudu) but nullifies it (def: e7) beforefinishing, one simply completes the bath (N:though one needs a new ablution before praying).

If there is filth (najasa) on the body, onewashes it off by pouring water on it and then performsthe purificatory bath, though washing oneselfa single time suffices for both removing it andfor the purificatory bath.

When a woman who is obliged to both lifta state of major ritual impurity Uanaba) and purifyafter menstruation performs the purificatory bathfor either of these, it suffices for both.Whoever performs the bath one time with theintention to (n: both) lift a state of major ritualimpurity and fulfill the sunna of the Friday prayerbath has performed both, though if he onlyintends one, his bath counts for that one but notthe other.

The purificatory bath is sunna:(1) for those who want to attend the Fridayprayer (def: f18) (0: the bath's time beginning atdawn);(2) on the two 'Eids (f19) (0: the time for itbeginning from the middle of the night);(3) on days when the sun or moon eclipse;(4) before the drought prayer (f21);(5) after washing the dead (0: and it IS sunnato perform ablution (wudu) after touching acorpse);(6) after recovering one's sanity or regainingconsciousness after having lost it;(7) (N: before) entering the state of pilgrimsanctity (ihram, def: j3), when entering Mecca,for standing at 'Arata (j8), for circumambulatingthe Kaaba (is) and going between Safa and Marwa(j6), for entering Medina, at al-Mash'ar al-Haram(j9.2), and for each day of stoning at Mina (j1O) onthe three days following 'Eid al-Adha.*

(N: When unable to use water, dry ablution isa dispensation to perform the prayer or similar actwithout lifting one's minor or major impurity, bythe use of earth for one's ablution.)

Three conditions must be met for the legalvalidity of performing dry ablution.(a) The first is that it take place after thebeginning of the prayer's time if it is for an obligatoryprayer or a nonobligatory one that has a particulartime
The act of lifting earth to the face andarms (N: the first step of dry ablution) must takeplace during that time
If one performs dry ablutionwhen unsure that the prayer's time has come,then one's dry ablution is invalid, even if it coincideswith the correct time (dis: e6.2(A:))
If oneperforms dry ablution in the midmorning for thepurpose of making up a missed obligatory prayer,but the time for noon prayer comes before one hasmade up the missed obligatory prayer, then onemay pray it (N: the noon prayer) with that dryablution (N: because one did not perform dryablution for it before its time, but rather performeddry ablution for a different prayer in thatprayer's time, which clarifies why this does notviolate the conditions of praying with dry ablution),or one could pray a different missed prayerwith it (0: as one is not required to specify whichobligatory prayer the dry ablution is for).(b) The second condition is that dry ablutionmust be performed with plain, purifying earth thatcontains dust, even the dust contained in sand;though not pure sand devoid of dust; nor earthmixed with the likes of flour; nor gypsum, potteryshards (0: which are not termed earth), or earththat has been previously used, meaning that whichis already on the limbs or has been dusted offthem.(c) The third condition is inability to usewater
The person unable to use water performsdry ablution, which suffices in place of lifting allforms of ritual impurity, permitting the person ina state of major ritual impurity (janaba) or womanafter her menstrual period to do everything thatthe purificatory bath tghusl) permits them to do.If either of them subsequently has a minor ritualimpurity (hadath), then only the things prohibitedon minor impurity are unlawful for them (def:eS.l) (N: not those prohibited on major impurity(e10
7), that is, until they can again obtain water tolift their state of major impurity, when they must,for the dry ablution is only a dispensation to prayand so forth while in states of impurity and is nullifiedby finding water).

Inability to use water has (0: three) causes(n: lack of water, fear of thirst, and illness).

LACK OF WATERThe first is lack of water
When one is surethere is none, one performs dry ablution withoutsearching for it
If one thinks there might be some,one must look through one's effects and inquireuntil one has asked all of one's party or (N: if toonumerous) there is no time left except for theprayer
One does not have to ask each person individually,but may simply call out, ""Who haswater, even for a price?"" Then one looks around,if on level ground
If not level, one checks on footwithin the range at which one's group could beexpected to respond to a cry for help, providedthere is no threat to life or property
Or one mayclimb a nearby hill.The search for water must occur after the particularprayer's time has come.When one checks, does not find water, performsdry ablution, (N: prays an obligatory prayerwith it,) and remains at the place, one need notsearch again before performing dry ablution foranother obligatory prayer (N: when the nextprayer's time comes), provided one made surethere was no water the first time, and nothing hashappened to change one's mind
But if one did notmake sure, or if something has happened tosuggest that there tnight now be water, like theappearance of rain clouds or riders, one is obligedto check again for water.

When sure that one can obtain water bywaiting until the last of a prayer's time, then it isbetter to wait
But if one thinks otherwise, then itis bener to perform dry ablution (n: and pray) atthe first ofthe time.

(N: This entry's rulings apply equally toobtaining water for purification and to obtainingclothing to fulfill the prayer's condition of coveringone's nakedness (def: f5).)If a person gives or loans one water, or loansone a bucket (0: when it is the sole means ofobtaining the water) then one must accept it,though not i( the person loans or gives one theprice of these things (0: because of the burden ofaccepting charity that it involves),If one finds water or a bucket for sale at the, usual price for that locality and time, then one isobliged to buy it, provided one's money is inexcess of one's debts, even if they are not due untila future date; and provided one's money exceedsthe amount required for the journey's expenses,round trip,When someone has water he does not needbut will not sell, one may not simply take it fromhim by foree, except when compelled by thirst (N:provided the water's owner is not also sufferingfrom thirst, and provided one pays him the normalprice for it in that locality and time, because one'sneed does not eliminate another's rights),

If one finds some water, but not enough tocomplete purification, one must use it as far as itwill go, and then perform dry ablution in place ofthe rest
For minor ritual impurity, one uses thewater on the face, then the arms, and so forth, inthe usual ablution sequence, For major ritualimpurity (janaba), one begins wherever onewishes, though it is recommended to start at thetop of the body,

FEAR OF THIRSTThe second cause of inability to use wateris fear of one's own thirst, or that of worthy companionsand animals with one, even if in the future(0: worthy meaning those whose killing is unlawful,such as a trained hunting dog or other usefulanimal, while unworthy includes non-Muslims atwar with the Muslims, apostates from Islam(def: oB), convicted married adulterers, pigs, andbiting dogs),Ablution (N: as well as the purificatory bath(ghusl)) is unlawful in such a case
One shouldconserve one's water for oneself and others, andmay perform dry ablution for prayer with no needto make up the prayer later (A: provided lack ofwater predominates in that place (dis:e12.19(N:))).

ILLNESSThe third cause is an ailment from whichone fears (N: that performing a normal ablution orpurificatory bath would cause):(1) harm to life or limb;(2) disability;(3) becoming seriously ill;(4) an increase in one's ailment;(5) a delay in recovering from one's illness;(6) considerable pain;(7) or (n: a bad effect from the water suchas)a radical change in one's skin color on a visiblepart ofthe body.One may depend on one's own knowledge(N: as to whcther one of the above is to beapprehended) (0: if one is knowledgeable inmedicine) (N: though it is not a condition that onebe knowledgeable in medicine, for one's own previousexperience may be sufficient to establish theprobability that one of them will occur if a fullablution or bath (ghusl) is performed)
Or onemay depend on a physician whose informationconcerning it is acceptable (A: meaning one withskill in medicine whose word can be believed,even if he is not a Muslim).

(n: Rulings e12.1l-13 below have been left in Arabic and deal with a personwho has injuries that prevent a normal ablution or bath for one of the abovereasons
Strictness on the question ('azima) is to follow the Shafi'is, while dispensation(rukhsa) is to follow the Hanafi school «2) below).(1) The Shafi'i school is the hardest in this matter, insisting on a full ablutionexcept for the injured part, where a full dry ablution must be performed at theproper point in the ablution sequence in place of washing the injured part, as at

below.If someone has a cast or dressing harmful to remove, as at e12.l2, it must be .first applied when one has ablution, and thereafter one must wipe it with waterwhen one comes to it in the ablution sequence in addition to performing a completedry ablution at that point.Finally, when someone with such a bandage on the members of dry ablution(the face or arms) recovers and has his cast or dressing removed, he is obliged tomake up (repray) all the prayers he pcrformed with such an ablution, as at e12.13(0:).(2) TheHanafi school requires someone with an injury who wants to pray tomake a complete ablution (N: or b3.th, if needed)
But if this would entail harm,such as one of the things mentioned above at eI2.9, then when he comes to theinjury in the ablution sequence, he is merely required to wipe it with wet hands soas to cover more than half of the injury
If this would also entail harm, or if he hasa bandage that cannot be removed without harm, or he cannot reapply thedressing by himself and has no one to help him to do so, then he simply wipes morethan half the bandage when he comes to it in his ablutiC'n
He may pray with suchan ablution and need not repeat the prayer later (al-Hadiyya al-'Ala'iyya (y4)(43-44).It is not necessary that he be free of minor or even major impurity (janaba)at the time the dressing is applied (al-Lubab fi sharh al-Kitab (y88) , 1.41).(3) (N: There is strong evidence for performing dry ablution (tayammum) inplace of washing such an injury
To add it at the proper point of the ablution sequenceas a precautionary measure (dis: c6.5) would not interfere with thevalidity of following the Hanafi position just discussed.)

If it is so cold that one fears an illness orone of the things previously mentioned (e12.9)from the use of water and one lacks means of heatingthe water or warming one's limbs up afterwards,then one performs the dry ablution (N:prays), and repeats the prayer later.

When one lacks both water and earth, oneis obliged to pray the obligatory prayer by itself,and later make up the prayer when one again findswater or finds earth, if in a place where dry ablutionsuffices as purification for a prayer that neednot be made up later (N: such as in the desert(dis: e12.19(N:))).

THE INTEGRALS OF DRY ABLUTIONDry ablution has seven obligatory integrals:(a) the intention, one intending permissionto perform the obligation of the prayer, or thatwhich requires dry ablution (N: such as carryingthe Koran when there is no water for ablution)
Itis inadequate to intend to lift a state of minor ritualimpurity (dis: e5.3(O:) or intend the obligationof dry ablution.If one is performing dry ablution for anobligatory prayer, one must intend its beingobligatory, though need not specify whether
forexample, it is for the noon prayer or the midafternoonprayer
If one were to intend it for the obligationof performing the noon prayer, one could(N: instead) pray the midaftemoon prayer with it(N: though not both, as at e12.20).If one intends a dry ablution for both anobligatory prayer and a nonobligatory prayer,then both may be prayed with that same dry ablution.But if one's intention is merely for a nonobligatoryprayer, a funeral prayer (janaza), orsimply prayer, then one may not pray an obligatoryprayer with that dry ablution
If one intends anobligatory prayer, one may pray nonobligatoryprayers only, or pray them before and after anobligatory prayer during the obligatory prayer'stime, or after the obligatory prayer's time hasexpired.The intention must occur when one conveysthe earth (0: meaning when one first strikes theearth) and must continue until one wipes part ofthe face;(b and c) that one's hands contact the earthand convey it (N: up to the face and arms, afterhaving shaken the excess dust from one's hands);(d and e) to wipe the face (N: not missingunder the nose) and arms including the elbows;(f) to do the above in the order mentioned;(g) and that the dry ablution be performedby striking the earth twice, once for wiping theface, and a second time for wiping the arms.It is not obligatory to make the earth reachunder the hair (N: of the anus and face).

THE SUNNAS OF DRY ABLUTIONThe sunnas of dry ablution are:(1) to say, ""In the name of Allah, Most Mercifuland Compassionate"";(2) to wipe the upper face before the lower;(3) to wipe the right arm before the left;(4) and for wiping the arms, (N: holding thepalm, up,) to place the left hand crosswise underthe right with the left hand's fingers touching thebacks of the fingers of the right hand, sliding theleft hand up to the right wrist
Then, curling thefingers around the side of the right wrist, oneslides the left hand to the right elbow, then turnsthe left palm so it rests on the top of the rightforearm with its thumb pointed away from onebefore sliding it back down to the wrist, where onewipes the back of the right thumb with the insideof the left thumb
One then wipes the left arm inthe same manner, followed by interlacing the fingers,rubbing the palms together, and then dustingthe hands off lightly.(N: This method is not obligatory, but ratherany way will suffice that wipes all of both arms.)

One separates the fingers when strikingthe earth each of the two times, and must removeone's ring for the second (N: before wiping thearms).

THINGS WHICH NULLIFY DRY ABLUTIONDry ablution is nullified by both the thingswhich nullify ablution (def: e 7) and by the merebelief that one can now obtain water when thisbelief occurs before one begins praying, such as byseeing a mirage or a troop of riders.This belief also nullifies dry ablution when itoccurs during one's prayer if the prayer is onewhich must be later made up, like that of someoneat home who performs dry ablution for lack ofwater (N: because if one performs dry ablution ina place Where water is generally available duringthe whole year, it is obligatory to make up one'sprayer, in view of the fact that the dry ablution hasbeen performed for a rare excuse
The rule is thatwhoever performs the prayer without full ritualpurity because of a rare excuse is obliged to makeup his prayer, as when the water of a city or villageis cut off for a brief period of time during whichthose praying perform dry ablution, while if onehas performed it in a place where water is seldomavailable during the year, it is not obligatory tomake up one's prayer, as when one performs dryablution in the desert)
But if not of those prayersthat must be made up later, such as that of a (N:desert) traveller who has performed dry ablution,then it (N: the belief that one can now obtainwater, when it occurs during prayer) does not (N:nullify one's dry ablution) and one finishes theprayer, which is adequate, though it is recommendedto interrupt it in order to begin again afterone has performed ablution.

One may not perform more than oneobligatory prayer with one dry ablution, whetherone of the prescribed obligatory prayers or onevowed (def: jI8), though one may pray anynumber of nonobligatory prayers or funeralprayers with it.

The minimal age for menstruation is about9 full years
There is no maximal age for the end ofit, as it is possible until death.The minimal menstrual period is a day and anight
It generally lasts 6 or 7 days
The maximalperiod is 15 days.The minimal interval of purity between twomenstruations is 15 days
There is no maximallimit to the number of days between menstruations.

Whenever a woman who is old enoughnotices her bleeding, even if pregnant, she mustavoid what a woman in her period avoids (def:e13.4).If it ceases in less than 24 hours (lit
""theminimum""), then it is not considered menstruationand the woman must make up the prayers shehas omitted during it
If it ceases at 24 hours,within 15 days, or between the two, then it ismenstruation
If it exceeds 15 days, then she is awoman with chronic vaginal discharge (dis: e13.6).Yellow or dusky colored discharge is consideredmenstrual flow.If a woman has times of intermittent bleedingand cessation during an interval of 15 days or less,and the times of bleeding collectively amount to atleast 24 hours, then the entire interval, bleedingand nonbleeding, is considered menstruation.

Postnatal bleeding (nifas) lasts at least amoment, generally 40 days, and at most 60
If itexceeds this, the woman is considered to havechronic vaginal discharge (dis: e13.6).

All things unlawful for someone in a stateof major ritual impurity (janaba) (dis: e10.7) areunlawful for a woman during her menstruationand postnatal bleeding
It is also unlawful for herto fast then, and the (N: obligatory) fast-days shemisses must be made up later, though not missedprayers.It is unlawful for her:(1) to pass through a mosque when shethinks some of her blood might contaminate it (N:and it is unlawful for her to remain in the mosqueunder any circumstances (n: when menstruatingor during postnatal bleeding));(2) to make love, or take sexual enjoymentfrom what is between her navel and knees;(3) to be divorced;(4) or to perform purification with the intentionto raise a state of ritual impurity.When her bleeding ceases, then fasting,divorce
purification, and passing through themosque are no longer unlawful for her, though theother things remain unlawful for her until she performsthe purificatory bath (ghusl, def: ell).

If a woman claims to be having her period,but her husband does not believe her, it is lawfulfor him to have sexual intercourse with her.

A woman with chronic vaginal discharge(N: preparing to pray) should wash her privateparts, apply something absorbent to them and adressing, and then perform ablution (N: with theintention discussed above at e5.3)
She may notdelay (N: commencing her prayer) after thisexcept for reasons of preparing to pray such asclothing her nakedness, awaiting the call to prayer(adhan), or for a group to gather for the prayer
Ifshe delays for other reasons, she must repeat thepurification.She is obliged to wash her private parts, applya dressing
and perform ablution before eachobligatory prayer (N: though she is entitled, likethose mentioned below, to perform as manynonobligatory prayers as she wishes, carry andread the Koran, etc
until the next prayer's timecomes (n: or until her ablution is broken for a differentreason), when she must renew the abovemeasures and her ablution).same measures (def: above) that a woman withchronic vaginal discharge docs
(N: And likewisefor anyone in a state of chronic annulment of ablution,such as continually breaking wind, excrement,or madhy (def: eIO.5), though washing andapplying an absorbent dressing are only obligatorywhen filth exits.)(A: If a person knows that drops of urine willnot stop until the time for the next prayer comes,then he takes the above measures and performsthe prayer at the first of its time.)*

Filth means:(1) urine;(2) excrement;(3) blood;(4) pus;(5) vomit;(6) wine;(7) any liquid intoxicant (n: including, for the Shafi'i school, anything con.taining alcohol such as cologne and other cosmetics, though some majorHanafischolars of this century, including Muhammad Bakhit al-Muti 'i of Egypt and Bad]ai-Din al-Hasani of Damascus, have given formal legal opinions that they are pur;;:(tahir) because they are not produced or intended as intoxicants.(N: Other scholarshold they are not pure, but their use is excusable to the extent ,tnctlydemanded by necessity.) While it is religiously more precautionary to treat themas filth, the dispensation exists when there is need, such as for postoperativepatients who are unable for some time after their surgery to wash away the alcoholused to sterilize sutures, And Allah knows best.)(N: As for solid intoxicants, they are not filth,though they are unlawful to take, eat, or drink);(8) dogs and pigs, or their offspring;(9) wady and madhy (def: e10.5);(10) slaughtered animals that (N: even whenslaughtered) may not be eaten by Muslims(def: j16);(11) unslaughtercd dead animals other thanaquatic life, locusts, or humans (A: which are allpure, even when dead, though amphibious life isnot considered aquatic, and is filth when dead);(12) the milk of animals (other than human)that may not be eaten;(13) the hair of unslaughtered dead animals;(14) and the hair of animals (other thanhuman) that may not be eaten, when separatedfrom them during their life (N: or after theirdeath
As for before it is separated from them, thehair is the same as the particular animal, and allanimals are pure during their life except dogs andswine).(n: In the Hanafi school, the hair of anunslaughtered dead animal (other than swine), itsbones, nails (hoofs), horns, rennet, and all partsunimbued with life while it was alive (A: includingits ivory) are pure (tahir)
That which is separatedfrom a living animal is considered as if from theun slaughtered dead of that animal (Hashiya raddal-muhtar 'ala al-Durr al-mukhtar sharh Tanwiral-absar (y47), 1.206-7).)

Rennet (n: a solidifying substance used incheese-making) is pure if taken from aslaughtered (def: j17) suckling lamb or kid thathas eaten nothing except milk.

That which comes from the mouth of asleeping person is impure if from the stomach, butpure if from the saliva ducts.

The fol1owing are pure:(1) seminal fluid that has reached the stagesof gestation in the womb, becoming like abloodclot and then becoming flesh;(2) the moisture (N: mucus) of a woman'sprivate parts (0: as long as it remains inside thearea that need not be washed in the purificatorybath (def: el1.l(b), end), though if it exits, it isimpure);(3) the eggs of anything;(4) the milk, fur, wool, or feathers of all animalsthat may be eaten, provided they are separatedfrom the animal while living or afterproperly slaughtered;(5) human milk, male sperm, and femalesexual fluid (def: elOA) ,

No form of filth can become pure, except:(1) wine that becomes vinegar;(2) the hide of an unslaughtered dead animalthat is tanned;(3) new animate life that comes from filth(0: such as worms that grow in carrion);(4) (n: and for the Hanafis, filth which istransformed [molecularly changed] into a newsubstance, such as a pig becoming soap, etc
(alHadiyyaal-'Ala'iyya (y4), 54)).Wine that becomes vinegar without anythinghaving been introduced into it is pure, as are thesides of the container it touched when it splashedor boiled
But if anything was introduced into thewine before it became vinegar, then turning tovinegar does not purify it
(A: In the Hanafi schoolit is considered pure whether or not anything hasbeen introduced into it.)Tanning means removing from a hide allexcess blood, fat, hair, and so forth by using anacrid substance, even if impure
Other measuressuch as using salt, earth, or sunlight, are insufficient.Water need not be used while tanning,though the resultant hide is considered like a garmentaffected with filth, in that it must be washedwith purifying water before it is considered pure.Hides of dogs or swine cannot be purified by tanning.Any hair that remains after tanning has notbeen made pure, though a little is excusable.

Something that become.s impure by contact(def: below) with something from dogs orswine does not become pure except by beingwashed seven times, one of which (recommendednot to be the last) must be with purifying earth(def: e 12.1(b)) mixed with purffying water, and itmust reach all of the affected area
One may notsubstitute something else like soap or glasswort inplace of earth.(n: The contact referred to is restricted, in the Shafi'i school, to contaminationby traces of moisture from dogs or swine, whether saliva, urine, anythingmoist from them, or any of their dry parts that have become moist (Mughni almuhtajila ma'rifa rna'ani alfaz al-Minhaj(y73) , 1.83)
(A: If something dry suchas the animal's breath or hair touches one's person, it need only be brushedaway.) In the Maliki school, every living animal is physically pure, even dogs andswine (al-Fiqh 'ala al-madhahib al-arba'a (y66), 1.11) (A: and they consider theabove sevenfold washing as merely a sunna)
While more precautionary to followthe Shafi'i school, the dispensation exists for those who have difficulty in preventingcontamination from dogs, provided their prayer with its prerequisites isconsidered valid in the Maliki school (dis: c6.4(end) and w14.1(6))
And Allahknows best.)

The urine of a baby boy who has fed onnothing but human milk can be purified fromclothes by sprinkling enough water on the spot towet most of it, though it need not flow over it
Theurine of a baby girl must be washed away as anadult's is.

WASHING AWAY FILTH As for kinds of filth that are ""without substance""(N: i.e
without discernible characteristic(najasa hukmiyya) such as a drop of dry urine ona garment that can not be seen)
it is sufficient (N:to purify it) that water flow over it.But if it is a substance (N: with discerniblecharacteristic (najasa 'ayniyya)), it is obligatory toremove all taste of it, even if difficult, and toremove both color and odor if not difficult
If theodor alone is difficult to remove
or the coloralone, then the fact that one of these two remainsdoes not affect a spot's purity, though if both theodor and color of the filth remain in the spot, it isnot considered pure.

When using less than 2l6liters of water topurify a spot affected by filth, it is obligatory thatthe water flow over it (N: and it may not be simplyimmersed in the water (dis: e1.l5), though thiswould be permissible with more than 216 liters),but is not obligatory to wring it out
After onepurifies it, it is recommended to wash it a secondand third time.

When the ground (A: or floor, or carpet)is affected with liquid filth (A: like wine or urine),it is enough to drench the place with water and isnot necessary that the filth sink into the ground
Ifthe effects of sun, fire, or wind remove the tracesof the filth, the ground is stilI not pure until onedrenches it with water.

Liquids other than water, such as vinegaror milk, cannot be purified after they becomeaffected with filth
But if a solid is affected
such asshortening, one discards the filth that fell into itand the shortening around it, and the remainderis pure.

Water used to wash away filth is impurewhen:(1) it changes (def: e 1.17);(2) its weight increases;(3) (0: or if neither of the above have occurred,but some trace (N: i.e
an inexcusableamount (def: e14.1O, second par.)) of filthremains on the place to be purified);-but if none of the above occurs, then it is notimpure (0: i.e
then the water is pure but notpurifying to other things); though if it amounts to(N: or is added to until it amounts to) 216 or moreliters (dis: e1.16), then it is purifying
If Jess, it isconsidered the same as the spot it washed: if thespot is pure (N: i.e
an inexcusable trace does notremain) then the water is pure, but if the spot isstill impure, then the water is impure.

(n: In theHanafi school, if a garIPent's damp spot of filth, whose quantityis too slight to wring out any drops, touches another dry, pure garment, the latterdoes not become impure (Maraqi al-falah sharh Nur al-idah (y126), 31).)*

(0: The legal basis for the prayer, prior toscholarly consensus, is Koranic verses such as theword of Allah Most High,""And perform the prayer"" (Koran 2:43),and hadiths such as the word of the Prophet(Allah bless him and give him peace):""On the night I was taken from Mecca toJerusalem [dis: Koran 17:1], Allah imposed fiftyobligatory prayers upon my Community
So I keptpetitioning Him in the matter, asking they belightened, until He made them but five each dayand night"";a hadith related by Bukhari, Muslim, and others.)

The prayer is only obligatory for Muslimswho have reached puberty, are sane, and in purity(0: meaning not during menstruation or postnatalbleeding).Those who lose their reason through insanityor illness do not have to make up the prayers theymiss while in this state, and nor do converts toIslam (N: make up prayers from before theirIslam).An apostate from Islam (murtadd, def: 08)who then returns must make up every prayermissed
(n: w18 discusses why making up prayersmissed without excuse is obligatory.)

When a child with discrimination (0:meaning he can eat, drink, and clean himself afterusing the toilet unassisted) is seven years of age,he is ordered to perform the prayer, and when ten,is beaten for neglecting it (N: not severely, but soas to discipline the child, and not more than threeblows).

Someone raised among Muslims whodenies the obligatoriness of the prayer, zakat,fasting Ramadan, the pilgrimage, or the unlawfulnessof wine and adultery, or denies somethingelse upon which there is schdarly consensus(ijma', def: b7) and which is necessarily known asbeing ofthe religion (N: necessarily known meaningthings that any Muslim would know about ifasked) thereby becomes an unbe1iever(kafir) andis executed for his unbelief (0: if he does notadmit he is mistaken and acknowledge theobligatoriness or unlawfulness of that which thereis scholarly consensus upon
As for ifhe denies theobligatoriness of something there is not consensusupon, then he is not adjudged an unbeliever).

A Muslim who holds the prayer to beobligatory but through lack of concern neglects toperform it until its proper time is over has notcommitted unbelief (dis: w18.2).Rather, he is executed, washed, prayed over,and buried in the Muslim's cemetery (0: as he isone of them
It is recommended, but not obligatory,that he be as ked to repent (N: and if he does,he is not executed).

No one has an excuse to delay the prayerbeyond its time except:(1) someone asleep (N: when its time firstcame who remained so until the time ended);(2) someone who forgot it;(3) or someone who delayed it to combinetwo prayers during a journey (dis: f15.12).*

The prescribed prayers are five:(1) The time for the noon prayer (zuhr)begins after the sun's zenith for that day, and endswhen an object's shadow, minus the length of itsshadow at the time of the sun's zenith, equals theobject's height.(2) The time for the midafternoon prayer('asr) begins at the end of the noon prayer's time,and ends at sunset, though when an object'sshadow (N: minus the length of its shadow at thesun's zenith) is twice as long as the object's height,the preferred time is over and the merely permissibletime remains.(3) The time for the sunset prayer (maghrib)begins when the sun has completely set
It onlylasts long enough to perform ablution (wudu),clothe one's nakedness, make the call to prayer(adhan) and call to commence (iqama) and to prayfive moderate-length rak'as (units) of prayer
It isa sin to delay commencing the sunset prayerbeyond this, and if one does, one is making up amissed prayer (0: Le., according to the positionthe author has adopted, which contradicts themore reliable opinion that one's prayer is not amakeup until after the red has disappeared fromthe sky), though if one begins it within the righttime, one may continue until the red disappearsfrom the sky.(4) The time for the nightfall prayer ('isha)begins when the red of sunset leaves the sky, andends at true dawn (n: true dawn being when thesky around the horizon begins to grow light.Before this, a dim light sometimes appears overheadfor some minutes, followed by darkness, andis termed the deceptive dawn (al-fajr al-kadhib)(al-Iqna' fi hall alfaz Abi Shuja' (y7), 1.95)
Butafter a third of the night has passed, the preferredtime for nightfall prayer has ended and the merelypermissible remains.(5) And the time for the dawn prayer (subh)begins at true dawn' and ends at sunrise, thoughthe preferred time for it ends when it becomeslight outside, after which the merely permissibleremains.(n: Prayer times vary a little each day with the season and the year, and fromone town to another through the effects of latitude and longitude
One can keepabreast of the changes by obtaining the whole year's times in a printed calendarfrom one's local Muslim association or mosque, or by using the pocket computermentioned below at w19, which discusses how one fasts and prays at northerlylatitudes (including much of North America and Europe during the summermonths) lacking the features that legally define the true prayer and fasting times,such as nightfall or true dawn.)

It is best to pray every prayer at the first ofits time, taking the necessary steps at its outset,such as purification, clothing one's nakedness,giving the call to prayer (adhan) and call to commence(iqama), and then praying.

If less than one rak'a of one's prayeroccurs within the proper time (A: meaning thatone does not lift one's head from the second prostrationof the rak'a before the time ends) and theremainder takes place after it, then the wholeprayer is considered a makeup
If one rak'a ormore takes place within the prayer's time and theremainder is after it, then the prayer is considereda current performance, though it is unlawful tointentionally delay the prayer until part of itoccurs after the time is finished.

It is permissible to rely (N: for knowledgethat a prayer's time has come) on a knowledgeable,dependable muezzin (caller to prayer)
Ifone lacks someone to inform one of the time, thenone may reason on the basis of reciting ascheduled period of invocation or Koran recital(Ar
wird) (n: referring to those whose wirds normallytake the whole time between two prescribedprayers such that when they finish, they know thetime for the second prayer has come
The legalbasis of wirds is discussed at w20), and the like(N:including modern clocks, and prayer time calendarsissued by experts on the times in variouslocalities) .

MAKING UP MISSED PRAYERSWhen enough of a prayer's time haselapsed to have performed the prayer during it.and someone who has not yet prayed loses theirreason or their menstrual period begins, they areobligated to make up that missed prayer (0: assoon as they are able).

Whenever a prescribed prayer is missedfor a valid reason (def: n.5), it is recommended tomake it up immediately.If missed without a valid reason, it is obligatoryto make it up (dis: w18) immediately (A:meaning during all one's time that is not occupiedby necessities
In the Shafi'i school, it is not evenpermissible for such a person to perform sunnaprayers (N: before having finished making up themissed ones))
The same applies to making upmissed obligatory fasts (N: by fasting a day inplace of each day missed), and it is unlawful todelay doing so until the following Ramadan (dis:i1.33).

It is recommended that missed prayers bemade up in the order they were missed
(n: Thecall to prayer (adhan) and call to commence(iqama) when making up missed prayers are discussedat f3.5, and whether to recite prayers aloudor to oneself at f8.25.)

It is recommended to make up missed prescribedprayers before performing the current·one, unless one fears its time will pass, in whichcase it is obligatory to pray the current one first.If one begins making up a missed prayerthinking that there will be time for both it and thecurrent prescribed prayer, but finds that there isonly enough time left for the latter, then one mustdiscontinue the makeup in order to perform thecurrent one.

If one has a prayer to make up and findsthe current prayer being performed by a group, itis recommended to perform the makeup by oneselfbefore praying the current one.

If one misses one· or more of the fiveprayers but does not remember which of them itwas, then one must pray all five, intending foreach one making up the missed prayer.

(n: If someone finds he has been consistently mistaken day after day inpra ying, for example, the dawn pra yer( subh) before its time, or some similartimingerror, then each prayer performed after the first day of the whole series ofprayers thus mistakenly prayed is considered the makeup of the day before it, andwhen such a person discovers the error, he has only one prayer to make up,namely the one on the last day prior to learning of the mistake (Mughni al-rnuhtajita rna'rita rna'ani altaz al-Minhaj (y73), 1.127).)*

The call to prayer (adhan) and call to commence(iqama) are two sunnas for the prescribedprayers, even when praying alone or in the secondgroup to pray (N: in a mosque, for example), suchthat there is public cognizance (0: of both the callto prayer and to commence, whether in a large orsmall town).

To give the call to prayer (adhan) is betterthan being the imam for a group prayer (0:though to be imam is superior to giving the call tocommence (iqama)).

When praying alone in a mosque where agroup has already prayed, one does not raise one'svoice in giving the call to prayer, though if nogroup has yet prayed, one raises it
The sameapplies to a second group to pray: they do not raisetheir voice.

It is sunna for a group of women who arepraying together to give the call to commencewithout giving the call to prayer.

When making up one or more missed' prescribedprayers, one gives the call to prayer onlyfor the first (N: in the series), but gives the call tocommence for each one.

The words of the call to prayer and call tocommence are well known.(n: The words of the call to prayer mean:""Allah is greatest, Allah is greatest
Allah isgreatest, Allah is greatest
I testify there is no godbut Allah
I testify there is no god but Allah
I testifythat Muhammad is the Messenger of Allah
Itestify that Muhammad is the Messenger of Allah.Come to the prayer
Come to the prayer
Come .to success
Come to success
[n: At this point,before the dawn prayer only, one adds: ""Prayer isbetter than sleep
Prayer is better that sleep.""]Allah is greatest, Allah is greatest
There is no godbut Allah.""The words of the call to commence mean:""Allah is greatest, Allah is greatest
I testify thereis no god but Allah
I testify that Muhammad isthe Messenger of Allah
Come to the prayer.Come to success
The prayer is commencing
Theprayer is commencing
Allah is greatest, Allah isgreatest
There is no god but Allah."")

Each word (N: of both of them) must berecited in the order mentioned above.If one remains silent for long or speaks atlength between the words of the call to prayer (0:or call to commence), it is not valid and must bebegun again, though a short remark or silencewhile calling it does not invalidate it.When giving the call to prayer or call to commenceby oneself, the minimal audibility permissibleis that one can hear oneself
The minimumwhen calling them for a group is that all their contentscan be heard by at least one other person.

It is not valid to give the call to prayerbefore a prayer's time has eome, except for thedawn prayer, when it is permissible to give the callto prayer from the m.iddle of the night onwards(N: as is done in Mecca and Medina).

When giving the call to prayer and call tocommence, it is recommended to have ablution(wudu), stand, face the direction of prayer, and toturn the head (not the chest or feet) to the rightwhen saying, ""Come to the prayer,"" and to theleft when saying, ""Come to success.""It is offensive to give the call to prayer whilein a state of minor ritual impurity (hadath), moreoffensive to do so in a state of major ritual impurityUanaba), and even worse to give the call tocommence (iqama) while in either of these twostates.It is recommended:(1) to give the call to prayer from a high placenear the mosque;(2) to put one's fingertips in one's ears whilecalling it;(3) to take one's time in giving the call toprayer (A: pausing for an interval after each sentenceequal to the sentence's length) (0: exceptfor repetitions of ""Allah is Greatest,"" which aresaid in pairs);(4) and to give the call to commence rapidly,without pause,

It is obligatory for the muezzin (0: or persongiving the call to commence):(a) to be Muslim;(b) to have reached the age of discrimination(def: f1.2);(c) to be sane;(d) and if calling for a men's group prayer, tobe male,It is recommended that he be upright (def:o24.4) and have a strong, pleasant voice.It is offensive for a blind person to give thecall to prayer unless a sighted person is with him(0: to tell him when the time has come).

When one hears the call to prayer (N: orcall to commence), it is recommended to repeateach phrase after the muezzin, even if in a state ofmajor ritual impurity (janaba), during menstruation,or when reciting the Koran (N: and a fortioriwhen reading or reciting something else).One does not repeat the phrases ""Come tothe prayer"" or ""Come to success,"" but rather saysafter them, ""There is no power or strength exceptthrough Allah."" And at the call to prayer at dawn,one does not repeat ""Prayer is better than sleep,""but instead says, ""You have spoken the truth, andpiously.""When the person giving the call to commencesays, ""The prayer is commencing,"" one replies,""'May Allah establish it and make it endure as longas the heavens and earth, and make me one of therighteous of its folk.""If one hears it while making love, going to thelavatory, or performing the prayer, one says thewords when finished.

It is recommended for the muezzin, afterhe finishes, and those hearing him to bless theProphet (Allah bless him and give him peace)
(A:It is unobjectionable in the Shafi'i school for themuezzin to do so as loudly as the call to prayer.)Then one adds, ""0 Allah, Lord of this comprehensiveinvitation and enduring prayer, grantour liegelord Muhammad a place near to You, anexcellence and exalted degree, and bestow onhim the praiseworthy station that You have promisedhim.""*

It is a necessary condition (shart) for thevalidity of prayer that one have purity (N: absenceof filth (najasa, def: e14.1)) in:(a) body;(b) clothing, whether or not it moves withthe person (N: who is praying);(c) anything that touches the body orclothing (0: though if one's chest overhangssomething impure while prostrating withouttouching it, this does not hurt);(d) and the place on which one is standingduring the prayer.

One's prayer is invalid if one is holding theend of a rope connected with something impure.One's prayer is valid if performed onthe pureportion of a rug which is affected with some filth(N: on another part) oron a bed whose legs rest onsomething impure, even if the rug or bed moveswhen one's own portion moves
(N: The rule illustratedby these examples is that it is not permissiblefor the person praying to support or carrysomething affected by filth, but is permissiblefor him to be supported by it, provided he isnot in direct contact with the filth.)

Impure substances (najasa) other thanblood (dis: below) that are indiscernible by (A:average) vision are excusable, though if visuallydiscernible, they are inexcusable
(A: That whichis seen by a normal look is not excusable, whilethat which can only be seen by minute scrutiny isexcusable
)

As for blood or pus, if it is from another,(0: human or otherwise,) then only a little (def:below) is excusable, though if from the personpraying, it is excusable whether much or little,regardless if from a squeezed pimple, a boil, asore, being bled, cupped, or something else.

(N: In rulings of Sacred Law, the application of key descriptive terms likelittle, much, near, far, briefly, at length, and so forth, is governed by the conceptof common acknowledgement ('urf)
To know whether something is little or much,which could be stipulations in a particular ruling, we stop to reflect whether it iscommonly acknowledged as such, namely, whether most people would describeit as such when speaking about it.Common acknowledgement also takes into consideration what is normal orexpected under the circumstances
For example, a few drops of animal blood onthe clothes of a butcher would be little, while the same amount on the clothes ofa student would be much.)

If one prays with (N: an inexcusableamount of) something impure (N: on one's person,place, or clothes) that one did not know of orforgot, and notices it after finishing, one mustrepeat the prayer
It invalidates the prayer ifnoticed during it.

If one gets some mud on oneselffrom thestreet and but is not certain it contains filth, thenit is is considered pure (N: the rule being that theinitial presumption for all things is that they arepure, as long as their impurity has not been decisivelyestablished).

Someone unl,lble to remove filth from hisperson or who is being held in an impure placemust pray and later make up the prayer when capableof purity.(N: When being held in an impure place,) onebows the head as close to the ground as possiblewithout actually contacting the filth, which isunlawful to place the forehead upon.

If one loses track of a spot of filth on a garment,then all of it must be washed without tryingto decide where the spot might be, though if someonereliable knows where it is and informs one,one may accept this.

If a spot of filth is on one of two garments(N: one of which the person wants to pray in) andthe person is not sure which, then he may reasonand choose the one he believes is pure (N: to prayin), regardless of whether another pure one isavailable or whether he can wash one to use
(N:But it is not obligatory to try to decide which ispure
Rather, he may wash one, or both, and prayin them, or pray in some other garment.)If one washes the garment believed to havefilth on it, then one may pray wearing both garments,or pray in each garment alone, though ifone makes no attempt to decide which garment isimpure, but rather performs a prayer in each oneseparately, then neither prayer is valid.

If one loses track of the location of filth onthe ground in open country, one may pray whereverone wishes.But if one loses track of its location on a smallplot of ground or in a room (bay!, lit
""house,""meaning a one-room dwelling), then all theground or floor must be washed (def: e14.12)before one may pray on any of it.

It is offensive to pray:(1) in a bathhouse or its outer room whereclothes are removed;(2) in the middle of a path;(3) at a rubblish dump;(4) at a slaughterhouse;(5) in a church;(6) in places where taxes (dis: p32) aregathered or taken;(7) in places likely to be contaminatedby wine;(8) on top of the Kaaba;(9) or towards a tomb (dis: w21).

Prayer is unlawful in a garment or on landwrongfully taken, being legally valid (dis: c5.2),but without reward.*

aothing one's nakedness (0: from theeyes of men as well as jinn (def: w22) and angels,for these too see people in this world) is obligatory,by scholarly consensus (ijma', b7), evenwhen alone, except when there is need to undress.(0: Zarkashi states (A: and it is the authoritativeposition for the school) that the nakedness it isobligatory to clothe when alone consists solely ofthe front and rear private parts for men, and ofthat which is between the navel and the knees forwomen.)

Clothing one's nakedness is a necessarycondition for the validity of the prayer (0: whenone is able).Seeing a hole in one's clothes after a prayer islike seeing a spot of filth (n: meaning the prayermust be repeated, as at f4.7, unless one covers thehole immediately, as below at f5.5).

The nakedness of a man (0: man meaningthe counterpart of the female, including youngboys, even if not yet of the age of discrimination)consists of the area between the navel and knees.The nakedness of a woman (0; even if a younggirl) consists of the whole body except the face andhands.(N: The nakedness of women is that whichinvalidates the prayer if exposed (dis: w23)
As forlooking at women, it is not permissible to look atany part of a woman who is neither a member ofone's unmarriageable kin (mahram, def: m6.1)nor one's wife, as is discussed below in the book ofmarriage (m2).)

It is a necessary condition that one'sclothing:(a) prevent the color of the skin from beingperceptible (n: Nawawi notes, ""A thin garmentbeneath which the blackness or whiteness of theskin may be seen is not sufficient, nor a garment ofthick, gauzelike fabric through which part of thenakedness appears"" (al-Majmu' (y108), 3.170));(b) enclose the body as a garment, for aprayer performed without clothes in a small tentwould not be valid;( c) and conceal the nakedness from view onall sides and above, though it need not do so frombelow.

One's prayer is valid when there is a tearthrough which one's nakedness shows that onecovers with one's hand (A: immediately, i.e
onemust do so before enough time passes to say ""SubhanAllah') (0: that is, one must cover it withone's hand when not prostrating, at which pointnot covering it is excusable).

It is recommended for a woman to wear acovering over her head (khimar), a full lengthshift, and a heavy slip under it that doesn't cling tothe body
(0: She should not wrap it so tightlyabout herself that it hinders standing, sitting, andother postures connected with the actions ofprayer
She is recommended to pray in three garmentseven though the headcover and shift aloneare sufficient as a covering.)

It is recommended for a man to pray in hisbest clothes, and to wear an ankle-length shirt anda turban (0: and a shawl over head and shoulders,a mantle, and a wraparound or loose drawers (N:under the ankle-length shirt))
If he does not wearall of these, it is desirable to wear two, namely theankle-length shirt with either the man tie , thewraparound, or the loose drawers.

If only wearing enough to clothe one'snakedness, one's prayer is valid, though it isrecommended to place something on one's shoulders,even if only a piece of rope.If one does not have clothes but is able to concealpart of one's nakedness, one must cover thefront and rear private parts
If only one of thesetwo can be covered, it must be the front
If one hasno clothes at all, then one performs the prayerwithout clothes and need not make it up later.*

Facing the direction of prayer (qibla) is anecessary condition for the prayer's validity, withthe sole exceptions of praying in extreme peril(dis: f16.S) and nonobligatory prayers performedwhile travelling.

(N: The rulings below deal with nonobligatoryprayers, not the five prescribed ones,which must be performed while facing the properdirection for prayer (qibla) whether one is ridingin a vehicle or not (dis: w24).)A travelIer may perform nonobligatoryprayers riding or walking, even on short trips.When riding and able to face the direction ofprayer, prostrate, and bow, as when on a ship, oneis obligated to
If not able, then one is onlyrequired to face the direction of prayer during thefirst Allahu Akbar of the prayer, provided this isnot difficult, as when one's mount is stationary orwhen one can tum oneself or one's mount theproper direction
If it is difficult, as when one'smount is not properly saddle broken, or if thereins are not in one's hands, as when riding in apack train with each animal tied to the one aheadof it, then it is not obligatory to face the directionof prayer at any point of the prayer's performance,and one merely nods in the direction oftravel instead of bowing and prostrating
One'snod for prostration must be deeper than the nodfor bowing
One does not have to bow to the limitof one's capacity, nor bow the forehead until ittouches the mount's back, though this is permissibleif one troubks oneself to do so.When praying while walking, one must stoptobow and prostrate on the ground (0: if easy,though if walking in mud, water, or snow, onemay simply nod), and may walk during the rest ofthe prayer, though it is obligatory to face thedirection of prayer during the first Allahu Akbar,and at each bowing and prostration.Such prayers (0: whether riding or walking)are only valid on condition:(a) that one's journey continue for theprayer's duration;(b) and that one not turn from the directionof travel towards anything but the direction ofprayer.If one reaches home while thus praying, orthe destination, or a town where one intends tostay, then one must face the direction of prayer,and bow and prostrate on the ground or on one'smount if stopped.

When at the Kaaba, one must praydirectly towards the Kaaba itself
One's prayer isinvalid if one merely faces the semicircular wall(N: Hijr Isma'il) that is to one side of it, or directsany part of the body outside the outline of theKaaba, unless one is standing at the end of a longrow of people praying at the periphery of alMasjidal-Haram (n: the mosque of the Kaaba), arow which, if the people in it were to advance,some of them would be facing outside the Kaaba'soutline
To pray in such a row is valid for everyonein it.

For knowledge of the proper direction it isobligatory to rely on the prayer niche (mihrab) ofa mosque in a city or village through which manypeople pass.At every place the Prophet (Allah bless himand give him peace) faced to pray and establishedwhere he stood, it is obligatory to pray facing as hedid, without reconsidering the direction of prayer,or turning right or left, though in other places onemay use personal reasoning as to whether to turnrigh t or left.

If one does not find an informant to tellone of the proper direction of prayer by havingseen the Kaaba in that direction, then oneemploys personal reasoning, using other evidence.(n: To establish the direction of prayer in cities far from Mecca one may usea world globe and a piece of string, since in North America, Australia, and otherregions, using a flat world map will yield the wrong direction because of the curvatureof the earth, and the error factor is often considerable
One puts the end ofthe string on the position of Mecca on the globe, the other end on one's own city,and pulls the string taut, observing the bearing of the string and drawing a line inthe same direction ona local map, which can be oriented with a compass and usedto indicate the proper direction to pray.)If one does not know how to use other evidence,(0: and it is a communal obligation (def:c3.2) for someone to know,) or one is blind, thenone follows another (0: reliable sighted personacquainted with the evidence).

If, after praying, one becomes certain onewas mistaken, then the prayer must be repeated.(n: In the Hanafi, Maliki, and Hanbalischools, the criterion for facing the direction ofprayer is merely that some portion of the person'sface be directed towards the Kaaba (al-Fiqh 'alaal-madhahib al-arba'a (y66), 1.195)
(A: Thistakes in 180 degrees, from far left to far right, suchthat when the Kaaba is anywhere between, one isconsidered to be facing the direction of prayer.))*

It is recommended to put a barrier at least32 cm
high in front of oneself when performingthe prayer, or to spread out a mat, or if one cannot,todraw a line (N: on the ground, straight out,perpendicular to one's chest) about a meter and ahalf (0: or less) in front of one
It is then unlawfulfor anyone to pass (0: between the person prayingand such a barrier, even when there is no otherway to pass (dis: p75.27)).If someone tries to pass between oneself andthe bartier, it is recommended to gently push himback
If he persists, one may push him back ashard as necessary, as one would an attacker (def:07.3)
Were he to die as a result, one would not besubject to retaliation (03) or have to pay anindemnity (04) to his kin.

If there is no barrier, or ifthe person prayingis farther than a meter and a halffrom it, thenpassing in front of him is merely offensive, and theperson praying is not entitled to push him.

(A: Passing in front of a person without a barrier
in a mosque for example,is limited to the length of his prostration, and it is not unlawful or offensiveto pass in front of him when farther than that.)

When one notices a gap in a row of peopleperforming a group prayer, one is entitled to passin front of others to fill it.*

(n: Special vocabulary:Allahu Akbar: Allah is greatest.Ameen: a one-word supplication meaning ""Answer our prayer.""as-Salamu 'alaykum: Peace be upon you.Fatiha: the opening sura of the Koran.Follower: someone praying in group behind an imam.Integral (rukn): one of the legally essential elements found within an actionthat compose it.Imam: someone leading a group prayer.Rak'a: one complete cycle of the words and actions of the prayer.Sura: a chapter of the Koran.Ta'awwudh: to say in Arabic, ""I take refuge in Allah from the accursedDeviL"")

MEASURES RECOMMENDED BEFORE PRAYERIt is recommended:(1) to stand forthe prayer after the end ofthecall to commence (iqama);(2) to be in the first row;(3) to make the rows straight, especially ifone is the imam (0: when one should order thegroup to do so);(4) and to fill up the first row first, then thesecond, and so on (0: meaning there should notbe a second row when the first one is not full (A:as to pray in such a second row is the same as notpraying with a group, and is rewarded as if one hadprayed alone), nor gaps within one row, nor a distancein excess of a meter and a half betweenrows).It is superior to stand on the imam's right (A:though the sunna is for the imam to be in the middie)(N: and if one arrives at a group prayer inwhich the row extends to the right, one's reward isgreater for standing on the left, since one is performingthe sunna).

THE INTENTIONThen one makes the intention with one'sheart.If it is for an obligatory prayer, one mustintend performing the prayer, and that it isobligatory, and know whieh one it is, such as thenoon, midafternoon, or Friday prayer
The intentionmust coincide with one's first Allahu Akbar,obligatorily existing in the mind and recommendedto be uttered with the tongue (N: beforethe first Allahu Akbar) as well
One intends itfrom the first of the phrase"" Allahu akbar"" to thelast of it
It is not obligatory to specify the numberof rak'as, or that it is for Allah Most High, orwhether it is a current performance or a makeupprayer, though specifying these is recommended.(A: some scholars hold that the mere determinationto perform a particular prayer existing inthe mind beforehand is sufficient
Such an intentioncould be expressed, for example, by walkingto the mosque after hearing the call to the noonprayer (dis: w2S).)If the intention is for a nonobligatory prayerthat has a particular time, one must intend whichone it is, such as for 'Eid, the eclipse prayer,assuming the state of pilgrim sanctity (ihram), thesunna prayers before and after the.noon prayer,and so forth.If it is for a nonobligatory prayer that iswholly supererogatory, unconnected with a particulartime, one may simply intend to performprayer •

It immediately invalidates one's prayer:(1) to cease to intend praying;(2) to decide that one will cease to;(3) not to know whether one has ceased to ornot (0: meaning one hesitates in one's heart, saying,""Shall I stop intending or continue?"" Themere thought of how it would be if one were tohesitate during the prayer is of no consequence,but rather the occurrence of doubt that negatesone's resolve and certainty);(4) to intend during the first rak'a to stopwhen one reaches the second;(5) or to decide to interrupt one's prayer ifsuch and such a thing happens, regardless whetherthe event will definitely occur during the prayer orwhether it merely may happen, such as, ""I'll stopif Zayd comes in.""

If one knowingly begins the noon prayer(N: for example) before its time has come, one'sprayer is not legally considered to have begun
Ifone does so unknowingly, it is validly begun, butcounts as a nonobligatory prayer.

THE OPENING ALLAHU AKBARThe Allahu Akbar (n: an integral) thatbegins the prayer can only be in Arabic and mustbe pronounced ""Allahu akbar"" or ""Alliihulakbar.""One's prayer is not legally considered to havebegun if one omits any of its letters, pauses betweenthe two words, adds the letter waw (.I)between them, or says ""Allahu akbar"" with a longa between the final b and r.If unable to pronounce it because of being amute or similar, one must move the tongue andlips according to one's capacity.

The minimal valid audibility for saying""Allahu akbar,"" reciting the Koran, and all invocations(dhikr), is that one can hear them oneself,given normal hearing and lack of extraneousnoise.The imam speaks aloud (def: below) everytime he says ""Allahu akbar"" in the prayer.

(A: Throughout the rUlings
aloud (jahran) means that someone beside orbehind the speaker could distinguish his words, while to oneself (sirran) meansthat the speaker can distinguish his own words, but such a person could not.)

It is obligatory that one be standing whenone opens an obligatory prayer with ""Allahuakbar."" If a single letter of it oceurs while notstanding, the prayer is not considered to havevalidly begun as an obligatory prayer, but isconsidered to have begun as a supererogatoryprayer, provided one is ignorant that it is unlawful,though not if one knows
(N: The latecomer toa group prayer should take careful note of this,and not bow or make other prayer movementsuntil he has completed the opening Allahu Akbarwhile standing.)

It is recommended to lift the hands toshoulder level when one says ""Allahu akbar"" (0:meaning that one's fingertips are even with thetops of the ears, thumbs with the earlobes, andpalms with one's shoulders), fingers slightly outspread.If one intentionally or absentmindedlydoes not lift the hands at the first of saying""Allahu akbar,"" one may do so during it, thoughnot afterwards
The palms face the direction ofprayer (qibla) and the hands are uncovered.After the opening Allahu Akbar, one placesthe hands between the chest and navel, graspingthe left wrist with the right hand, and fixing one'sgaze on the place where one's forehead will prostrate.(0: One does this when not reciting the Testificationof Faith (Tashahhud, def: f8A5) , whereone only looks at the place of prostration until onesays ""except Allah,"" and then looks at the indexfinger.)(A: It is offensive to close one's eyes whilepraying unless it is more conducive to awe andhumility towards Allah.)lHE OPENING SUPPLICATION (ISTIFTAH)

Then one recites (N: to oneself) the OpeningSupplication (Istiftah), which means: ""I turnmy face to Him who created the heavens andearth, a pure monotheist, in submission, and amnot of those who associate others with Him
Myprayer, worship, life, and death are for Allah,Lord of the Worlds, who has no partner
Thus Ihave been commanded, and I am of those whosubmit.""This is recommended for anyone performingan obligatory or supererogatory prayer, even ifseated; no matter whether a child, woman, ortraveller (0: alone or in a group, imam or follower),though not for a funeral prayer.

If one intentionally or absentmindedlyomits the Opening Supplication (Istiftah) andbegins saying ""I take refuge, etc."" (Ta'awwudh),one may not return to the Opening Supplication.

When (N: joining a group that has alreadybegun, and) the imam says ""Ameen"" just afterone's opening AUahu Akbar, one says"" Ameen""with him and then recites the Opening Supplication(Istiftah).If one says the opening AllahuAkbar and theimam finishes the prayer with Salams before onehas sat down with the group, then one recites theOpening Supplication (Istiftah)
But if one hasalready sat down when the imam finishes withSalams and one rises (N: to finish one's prayer),then one does not recite it (0: the Opening Supplication).If one joins the group while the imam is standing,and one knows it is possible (0: to recite theOpening Supplication) together with saying ""Itake refuge,"" and so on (Ta'awwudh) and theFatiha (N: all before the imam will finish his recitaland bow), then one may recite the OpeningSupplication, though if one has doubts (N: thatthere is enough time), one omits both the OpeningSupplication and Ta'awwudh, and begins recitingthe Fatiha
If the imam bows before one finishes(0: the Fatiha), one bows with him, provided onehas omitted the Opening Supplication and Ta'awwudh,though if one did not omit them, then onemust recite as much (A: as many letters) of theFatiha as one recited of them, since if one bowsbefore having recited that much, it invalidatesone's prayer.If One recites what we have just said is enoughof the Fatiha to permit one to bow with the imam(n: when one is a latecomer, for otherwise it isobligatory to recite it all, as at fl2.17(0:)), butone holds back from bowing with him withoutexcuse, then if the imam straightens up from bowingbefore One has oneself bowed, one has missedthat rak'a (N: and must rise after the group hasfinished to perform it).

SAYING HI TAKE REFUGE, ETC.""(TA'AWWUDH)After the Opening Supplication, it isrecommended to recite the Ta'awwudh, saying, HItake refuge in Allah from the accursed Devil.""It is said in every rak'a and especially recommendedin the first, whether one is imam, follower,or praying by oneself, and whether theprayer is obligatory, supererogatory, or even afuneral prayer
It is said to oneself in both theprayers recited to oneself and those recited aloud.

THE FATIHAThen one recites the Fatiha (def: w1.16) inevery rak'a (n: an integral), whether one is imam,follower, or praying alone.The Basmala (n: the words ""In the name ofAllah, Most Merciful and Compassionate"") is oneof its verses
(n: In the other three schools, it isrecited to oneself even when the rest is recitedaloud (Sharh al-sunna (y22) , 3.54).)It is obligatory to recite the Fatiha's verses inorder and without interruption
It is considered tobe interrupted and must be begun again if onedeliberately pauses at length during it, or pausesbriefly but thereby intends to cease reciting, ormixes with it some words of invocation (dhikr) orKoran that are not in the interests of the prayer.One's recital of the Fatiha is not consideredto be interrupted if one speaks words during it thatare in the interests of the prayer, such as saying""Ameen"" in response to the imam's Ameen, orreminding him of the right words when he errors,or prostrating with him as a sunna for his Koranrecital (def: fl1.14)
Nor is it interrupted if oneforgetfully falls silent during it or absentmindedlyadds some words of invocation (dhikr).

If one omits one of the Fatiha's letters(Ar
harf, a consonant or long vowel (A: mistakesin a short vowel (haraka) do not harm as long asthey do not alter the meaning)), fails to double aletter that should be doubled, or substitutes awrong letter for the right one, it invalidates (0:one's recital of that particular word, and one mustrecite the word again (dis: s3.3)
But it does notinvalidate one's prayer unless it changes themeaning and was done deliberately).

SAYING ""AMEEN""After reciting (n: the last words of theFatiha) ""nor of the lost,"" one says ""Ameen"" tooneself in prayers spoken to oneself and aloud inthose recited aloud.When following an imam, one says ""Ameen""when he does, and then a second time (N: to oneself)when finished with one's own recital of theFatiha.

RECITING A SURAIf one is the imam or praying by oneself, itis recommended in the first an d second rak' as onl yto recite one complete sura (0: even if short) afterthe Fatiha.It is recommended to recite:(1) the suras from al-Hujurat (Koran 49) toal-Naba' (Koran 78) for the dawn (subh) and noon(zuhr) prayers;(2) the suras from al-Naba' (Koran 7S) to alDuha(Koran 93) for the midafternoon ('asr) Bndnightfall ('isha) prayers;(provided that there are a restricted number offollowers (0: meaning no others are prayingbehind the imam) who do not mind the length ofthese «1) and (2) above) recitations, though ifotherwise, the imam should be brief)(3) the suras from al-Duha (Koran 93) to theend (Koran 114) for the sunset prayer (maghrib);(4) al-Sajda (Koran 32) for the dawn prayeron Friday (n: in the first rak'a, when the groupmay prostrate during the recital, as at fl1.I4) , andai-Ins an (Koran 76) (n: in the second rak'a);(5) and al-Kafirun (Koran 109) (n: in the firstrak'a) and al-Ikhlas (Koran 112) (n: in the second)for the sunna prayers that accompany the sunsetand dawn prayers (def: f10.2), for the two rak'asafter circumambulating the Kaaba (5), and forthe guidance prayer (istikhara, f10.12).

It is recommended to recite the Koran in adistinct, pleasant way (tartil) (0: Le
to recite it asrevealed by Allah, observing the proper rules ofKoranic recitation) and to reflect upon its lessonsand meanings (dis: w26).

It is offensive for a follower to recite a surawhen praying behind an imam whose recital isaudible to him, though it is recommended for thefollower to recite the sura during prayers that arenot recited aloud, or those recited aloud if he cannothear the imam's recital due to the distance orpoor hearing, .or can hear it, but uncomprehendingly.

One recites a longer sura in the first rak'athan in the second.

If a latecomer to a group prayer misses thefirst two rak'as with the group and then performsthem alone after the imam has finished the groupprayer with Salams, he is recommended to recitethe suras to himself during them.

The imam (or person praying by himself)recites the Fatiha and suras aloud for the dawnprayer (subh), Friday prayer (jumu'a), prayer onthe two 'Eids (def: f19), drought prayer (f2I),lunar eclipse prayer (f20) , the group prayer that issunna on the nights of Ramadan (tarawih, f10.5),and for the first two rak'as of the sunset (maghrib)and nightfall ('isha) prayers.In other prayers, the Fatiha and suras arerecited to oneself.When making up at night (layl, from sunset totrue dawn) a prayer that one missed during theday or night, one recites aloud
When making upin the daytime (nahqr, from dawn to sunset) aprayer that one missed during the day or night,one recites to oneself
At dawn, however (N: fromtrue dawn to sunrise), all makeup prayers arerecited aloud
(N: The upshot is that one recitesaloud in all prayers that are made up attimes whenone normally recites aloud, and recites to oneselfat the times one normally recites to oneself.)

STANDINGStanding is an integral in all obligatoryprayers (0: for anyone who can stand, whether byhimself or assisted by another, though it is not anintegral in nonobligatory prayers).Standing requires that the spine be upright.One is not standing ifone inclines forward so thatthe backbone is no longer straight, or bends sothat one is closer to bowing (def: f8.29) than tostanding
If a person's back is bowed with age orthe like so that his normal posture resemblessomeone bowing, then he stands as he is, but mustbend a little further for bowing if able to.It is offensive in prayer to stand on one foot,for both feet to be held together (A: though this issunna for women), or for one foot to be ahead ofthe other.To stand at length (A: reciting the Koran inprayer) is better than to prostrate or bow at length(A: therein).

It is permissible to pray nonobligatoryprayers seated (0: any way one wishes, thoughthe iftirash (def: f8.37) style of sitting is best) orlying down, even when able to stand (A: but themerit is less than to do so standing).

BOWINGThen one bows from the waist (n: an integral).The minimum is to bow as far as an averagesize person needs to when he wants to put bishands on his knees
It is obligatory that one reposetherein, minimally meaning to remain motionlessfor a moment after having moved
It is alsoobligatory that one intend nothing by the motionbut bowing.

The optimal way is to raise one's handsand say ""Allahu akbar"" so that one begins raisingthe hands as one starts saying it, and when thehands are at shoulder level, one bows.Whenever one says"" Allahu akbar"" during amovemen t from one prayer posture to another, itis recommended to prolong the words until onereaches the next posture (A: so that one's prayeris not devoid of invocation (dhikr) at any point).Then one puts the hands on the knees: fingersapart, with back and neck extended, legs straight,and elbows out, though women keep them close.One then says, ""My Lord Most Great isexalted above all limitation,"" three times, theleast that is optimal
If praying alone, or the imamof a limited number of followers who do not mindthe extra length, one may increase the number oftimes one says this to five, seven, nine, or eleven.When finished, (0: however many times onehas said it,) itis recommended to say, ""0 Allah, toYou I bow, in You I believe, to You I submit
Myhearing, sight, mind, bones, nerves, and all thatmy feet bear up are humbled before You.""

STRAIGHTENING UPThen one lifts one's head, the minimum ofwhich is to return to standing as one was beforebowing, and then remain motionless for amoment
(n: Each is an integraL) It is obligatory .to intend nothing by one's movement exceptstraightening up.

The optimal way is to raise the hands (A:lifting them from the knees as one startsstraightening up, raising them to shoulder level)and the head together, saying, ""Allah hears whoeverpraises Him."" This is said whether one isimam, follower, or praying alone
When one isstanding upright, one says, ""Our Lord, all praiseis Yours, heavensful, earthful, and whatever-elseYou-will-full
""(0: If following an imam or praying alone,one says this to oneself
If imam, one says"" Allahhears whoever praises Him"" aloud, but the rest tooneself.)Those we have previously mentioned whowish to add to the words of bowing may add here,""0 You who deserve praise and glory, the truestthing a slave can say (and all of us are Y our slaves)is, 'None can withhold what You bestow, nonecan bestow what You withhold, and the fortune ofthe fortunate avails nothing against You.' ""PROSTRA nON

Then one prostrates (n: an integral)
Theconditions for its validity are:(a) that an uncovered portion of theforehead touch a part ofthe place of prayer (N: itis not obligatory that any of the other limbs ofprostration be uncovered);(b) that one remain motionless for a momentwhile prostrating;( c) that the place of prostration bear theweight of the head;(d) that one's rear be higher than one's head;(e) that one not prostrate on somethingjoined to one's person that moves with one'smotions, such as a sleeve or turban;(f) that nothing but prostration be intendedby one's motion;(g) and that part of each knee, the bottom ofthe toes of each foot, and the fingers of each handbe placed on the ground.(0: In our school, it is not obligatory that thenose touch the ground in prostration, though it isdesirable
)

If one cannot fully prostrate so that one'sforehead touches the ground (N: a pregnantwoman, for example), then it is not necessary tostack up pillows on the place of prostration totouch the forehead on them
One merely bows aslow as one can.If one has put a bandage On the foreheadbecause of an injury that affects all of it, and thereis hardship in removing it (0: severe enough topermit dry ablution (tayammum) (def: eI2.9)),then one may prostrate upon it and need not makeup the prayer.

The optimal way to prostrate is to say""Allahu akbar"" and:(1) to put the knees down first, then thehands, and then the forehead and nose (0: theorder is called for, and any other order is offensive);(2) to prostrate with the hands directly underone's shoulders, fingers together, extendedtowards the direction of prayer (qibla), handsuncovered;(3) for men to keep 1 span (n: about 23 cm.)between the two knees and two feet (0: though awoman's are kept together);(4) for men to keep the stomach apart fromthe thighs, and forearms from sides, thoughwomen keep them together;(5) and to say three times, ""My Lord MostHigh is exalted above all limitation
""Those we have previously mentioned whowish to add to the words of bowing may increasethe number of times this is said as previouslydescribed (0: namely, in odd numbers up toeleven) and add: ""0 Allah, I prostrate myself toYou, believe in You, and surrender to You
Myface prostrates to Him who created it and gave itform, who opened its hearing and vision by Hispower and strength
Allah is exalted in perfection,the Best of Creators.""It is commendable to supplicate Allah whileprostrating.

SITTING BE1WEEN PROSTRATIONSThen one raises the head (N: and sits backbefore prostrating a second time.· Sitting at thispoint is an integral)
It is obligatory to sit motionlesslyfor at least a moment and to intend nothingbut sitting by one's movement.

The optimal way is:(1) to say ""Allahu akbar"" (N: as one raisesthe head);(2) to sit in iftirash, which is to place the leftfoot on its side and sit upon it while keeping theright foot resting on the bottom of its toes,heel up;(3) to place one's two hands on the thighsnear the knees, fingers extended and heldtogether;(4) and to say, ""0 Allah, forgive me, havemercy on me, pardon me, set me right, guide me,and sustain me.""

There are two other ways of sitting back(iq'a') (0: between the two prostrations, or at thefirst and second Testifications of Faith(Tashahhud, def: f8.45)).One way is to sit back on the heels with thebottom of the toes and knees upon the ground.This is rcommended between the two prostrations,though iftirash (def: f8.37) is better.The other way is to simply sit on the ground,palms down, and knees drawn up
This is offensivein any prayer.

Then one prostrates again just as before.(0: The first rak'a is only completed when one hasperformed the second prostration, because eachprostration is a separate integral, as is the momentof motionlessness in each.)

After this one raises the head, saying""Allahu akbar"" (0: as one first raises it, drawingout the words until one is standing upright).It is sunna, here and in eachrak'a that is notfollowed by the Testification of Faith(Tashahhud), to briefly rest in the iftirash style ofsitting (f8.37) before rising
Then one (0: quickly)rises, helping oneself up with both hands (0:palms down), and prolonging the Allahu Akbaruntil standing
If the imam omits this brief sitting,the follower performs it anyway
It is not doneafter a Koran recital prostration (def: f11.13).

Then one performs the second rak'a of theprayer just like the first, except for the initialintention, the opening Allahu Akbar, and OpeningSupplication (Istiftah).

If one's prayer exceeds two rak'as, one sitsin iftirash (def: f8.37) after the first two rak'as andrecites the Testification of Faith (Tashahhud,f8.45)and the Blessings on the Prophet (Allahbless him and give him peace), though not uponhis family (N: which is done only in the final Testificationof Faith at the end of the prayer).Then one rises, saying ""Allahu akbar"" andleaning on one's hands (n: as before)
Whenstanding, one lifts the hands to shoulder level (A:which one does here, but not after rising from thefirst or third rak'a), and then goes on to performthe remainder of the prayer as one did the secondrak'a, except that one recites the Fatiha to oneselfand does not recite a sura after it.

TESTIFICATION OF FAITH (TASHAHHUD)One sits back (n: an integral) at the last ofone's prayer for the Testification of Faith in thetawarruk style of sitting, with one's (0: left) posterioron the ground and left foot on its side,emerging from under the right, which is verticaL(0: The wisdom in the difference betweenthe ways of sitting during the two Testifications ofFaith, namely, iftirash (f8.37) in the first andtawarruk in the second, is that a latecomer togroup prayer may know by observing the formerthat the prayer has not finished, and by the latterthat it nearly has.Imam Malik holds the sunna in both testificationsto be the tawarruk style of sitting; while AbuHanifa holds that the iftirash style is sunna forboth
May Allah have mercy on them all for explainingthe Deity's command without the slightestloss.)However one sits here (0: in the final Testificationof Faith (Tashahhud)) and in the foregoing(0: Testification of Faith, and between the twpprostrations, and before rising) ispermissible,though iftirash and tawarruk are sunna.A latecomer to a group prayer sits in iftirashat the end of his imam's prayer and sits in tawarrukat the end of his own.Similarly, the person who must perform aforgetfulness prostration (def: f11) sits in iftirashfor his last Testification of Faith, prostrates forforgetfulness, and then sits in tawarruk for hisSalams.

In the two Testifications of Faith, one'sleft hand rests on the left thigh near the knee, itsfingers extended and held together
The righthand is similarly placed, but is held closed with itsthumb touching the side of the index finger, whichalone is left extended
One lifts the index fingerand points with it when one says the words""except Allah."" One does not move it while it isthus raised (0: following the sunna from a hadithrelated by Abu Dawud
It is offensive to move ithere, though some hold that it is recommended,the evidence for which is also from the sunna, in ahadith related by Bayhaqi, who states that bothhadiths are rigorously authenticated (sahih)
Precedenceis given to the former hadith, whichnegates moving the finger, over the latter hadith,which affirms it, because scholars hold that what issought in prayer is lack of motion, and moving itdiminishes one's humility
The Prophet's movingit (Allah bless him and give him peace) was merelyto teach people that it was permissible (A: as itwas the Prophet's duty (Allah bless him and givehim peace) to distinguish for his Community theacts that were offensive from those that wereunlawful, and he was given the reward of theobligatory for doing such offensive acts).Moreover, Bayhaqi says that the meaning of movingit in the latter hadith is simply raising it, sothere is no actual contradiction).

The minimal Testification of Faith(Tashahhud) is to say: ""Greetings to Allah
Peacebe upon you, 0 Prophet, and the mercy of Allahand His blessings
Peace be upon us and uponAllah's righteous slaves
I testify there is no godexcept Allah, and that Muhammad is the Messengerof Allah
""The optimal way is to say: ""Greetings, blessings,and the best of prayers to Allah
Peace beupon you 0 Prophet, and the mercy of Allah andHis blessings
Peace be upon us and upon Allah'srighteous slaves
I testify that there is no godexcept Allah, and that Muhammad is the Messengerof Allah.""Its words (N: minimal or optimal) are obligatory(0: Le
when one can recite the Arabic, onemay not use other words) and their order is a condition.If one cannot say it, one must learn
If onecannot learn (0: because there is no teacher, orthere is, but one is unable), then one may translateit (0: to any language one wishes).One then says the Blessings on the Prophet(Allah bless him and give him peace) (n: an integralafter the final Testification of Faith, but merelysunna after the first one, as at f9.1S below).The minimum is to say, ""0 Allah, blessMuhammad."" (n: One confines oneself to thisminimum at the· first Testification of Faith, asmentioned above at fB.42.)The optimal way is to say: ""0 Allah, blessMuhammad and the folk of Muhammad as Youblessed Ibrahim and the folk of Ibrahim
Andshow grace to Muhammad and the folk ofMuhammad as You did to Ibrahim and the folk ofIbrahim in the worlds, for You are truly the MostPraiseworthy and Noble.""(A: It is desirable to add before each mentionof the names Muhammad and Ibrahim the wordsayyidina (""our liegelord"")
The hadith ""Do notliegelord me in the prayer"" is a forgery containingcorrupt Arabic.)

It is recommended afterwards (0: afterthe second Testification of Faith (Tashahhud) ofthe prayer, though not after the first) to supplicateAllah for any permissible thing one wishes concerningone's religion or this world
One of thebest supplications is: ""0 Allah, forgive me what Ihave done and what I may do, what I have hiddenand what I have made known, my excesses andwhat You know better than I
Only You put oneahead or behind
There is no god but You.""It is recommended (0: if one is imam) thatsuch supplications be briefer than the Testificationof Faith with its Blessings on the Prophet(Allah bless him and give him peace) (0: thoughif one is alone, one may supplicate as long as onewishes, if not afraid of forgetting (N: that one isstill in the prayer)).

CLOSING THE PRAYER WITH SALAMSThen one says the final Salams (n: anintegral)
The minimum is to say ""as-Salamu'alaykum"" (peace be upon you),andit must Occurwhile one is sitting
(0: It is inadequate to say""Salam 'alaykum"" without the first word beingdefinite (n: i.e
as-Salamu), since this has notreached us through any hadith texts, and invalidatesthe prayer if done intentionally.)The optimal way is to say, ""Peace be uponyou, and the mercy of Allah"" (0: though to addthe words ""and His grace"" (wa barakatuhu) is notsunna) and to turn the head to the right enough toshow the ""right cheek (N: to those behind)
Onethereby intends to finish the prayer and intendsgreetings of peace to the angels and Muslims(whether human or jinn (def: w22)) on the right.One then turns one's head to the left and repeatsthe Salam, intending to greet those on the left
Afollower intends one of the two Salams as aresponse to the imam's, depending on which sidethe imam is on, or if the follower is directly behindhim, he may intend either Salam as a response tohim.

When one is a latecomer to a groupprayer, it is recommended not to stand up to finishone's missed rak'as until the iml,lm has said bothSalams
It is permissible to stand after he has saidjust one, but if one stands before he has said thefirst Salam it invalidates one's prayer, unless onepurposely intended to cease participation in thegroup prayer before doing so.A latecomer, if making his first Testificationof Faith while the group is making their last one,may sit at length (0: for dhikr or supplications)after the imam's Salams before he stands up tofinish his own rak'as, though it is offensive
If hedoes this when not at the point of his firstTestification of Faith, it invalidates his prayer ifintentional.

Someone who is not a latecomer to agroup prayer may sit as long as he wishes after theimam's Salams to supplicate, finishing with hisown Salams whenever he wants (0: because theimam's leadership ends with the imam's firstSalam, so there is no harm in the follower takinghis time, as he is now praying alone, and someonepraying alone may do so as long as he likes).

It is recommended to invoke Allah MostHigh (dhikr) to oneself and to supplicate after theprayer.(0: Shafi'i says in al-Umm, ""I prefer that theimam and follower invoke Allah (dhikr) after theSalams, and do so silently, unless the imam wantsto be learned from, in which case he says the invocationsaloud until he believes that he has beenlearned from, after which he says them to himself:')(n: The following invocations are listed in thecommentary and have been written in full andvowelled by the translator in the facing column ofArabic
Their order is sunna, as the commentatornotes below.(1) Ayat al-Kursi (Koran 2:255) (said once);(2) al-Ikhlas (Koran 112) (once);(3) al-Falaq (Koran 113) (once);(4) al-Nas (Koran 114) (once);(5) ""I ask Allah's forgiveness"" (three times);(6) ""0 Allah, You are peace, from You ispeace, You are exalted through Yourself above allelse, 0 You of Majesty and Beneficence"";(7) ""0 Allah, none can withhold what Youbestow, norie can bestow what You withhold, andthe fortune of the fortunate avails nothing againstYou"";(8) ""Allah is exalted above any limitation orimperfection"" (thirty-three times);(9) ""Praise be to Allah"" (thirty-three times);(10) ""Allah is greatest"" (thirty-three (A: orthirty-four) times);(N: (8), (9), and (10) above are also recommendedbefore going to sleep at night, in whichcase ""Allah is greatest"" is said thirty-four times)(11) and ""There is no god but Allah, alone,without partner
His is the dominion, His thepraise, and He has power over all things
"")(0: It is recommended to begin the supplicationswith the Koran when called for, like Ayat alKursiand so forth, then (5) through{lO) above.)One should invoke the Blessings on the Prophet(Allah bless him and give him peace) at the beginning(0: and middle) and end of one's supplications.

The imam turns for (N: postprayer) invocationand supplications so that his right side istowards the group and his left side towards thedirection of prayer (qibla)
He leaves his place assoon as he finishes, if there are no women (N: inwhich case he waits for them to leave first)
It isrecommended that the followers remain seateduntil the imam stands.(A: In the Shafi'i school, the invocations arerecommended to precede the postprayer sunnarak'as.)

It is recommended for those who performnonobligatory prayers after the prescribed prayerto first wait till after some conversation; it beingbetter to pray them elsewhere, and best to performthem in one's home
(0: However, it is betterto perform certain nonobligatory prayers inthe mosque, such as those before the Fridayprayer, those after circumambulating the Kaaba,and those before entering the state of pilgrimsanctity (ihram) if there is a mosque at the site.(A: Others that are better in the mosque include:(1) the midmorning nonobligatory prayer(duha, def: f10.6);(2) the guidance prayer (istikhara, f10.12);(3) the two rak'as that are sunna beforedeparting on a journey and when arriving fromone;(4) prayers performed during a period ofspiritual retreat in a mosque (i'tikaf, i3);(5) confirmed sunna prayers (sunna mu'akkada,f10.2) that onc is afraid of missing if onedoes not pray them in the mosque;(6) and the sunna rak'as before the sunsetprayer.))

While performing the dawn prayer (subh)it is sunna to lift one's hands and supplicate afterstraightening up from bowing in the second rak' a.One says: ""0 Allah, guide me among thoseYou guide, grant me health and pardon amongthose You grant health and pardon, look after meamong those You look after, grant me grace inwhat You have given me, and protect me from theevil [A: here, one turns the palms down for amoment] of what You have ordained; for Youdecree and none decrees against You; and none isabased whom You befriend
0 our Lord, who areabove all things sacred and exalted, all praise isYours for what You decree
I ask Your forgivenessand turn to You in repentance.""It is commendable to add ""and none isexalted whom You are at enmity with"" (A: afterthe above words ""and none is abased whom Youbefriend"") ,If one is imam, one pluralizes the singularpronominal suffix so that, for example, ihdini(""guide me"") becomes ihdina (""guide us"") and soforth (dis: w1.27).The words of this supplication are not set andmay beaccompJished by pronouncing any supplication(0: and praise) or Koranic verse containinga supplication, such as the last verses of al-Baqara(Koran 2:285-86), though the above words arebetter.After this, one invokes the Blessings on theProphet (Allah bless him and give him peace).It is recommended to raise one's handsthroughout the supplication (0: palms up whenasking the good, palms down when asking Allahto avert affliction)
One does not stroke the faceor chest with one's hands after the supplication(0: as opposed to other supplications, for which itis recommended to wipe the face with the hands,as is mentioned in hadith).The imam says the supplications aloud
Thefollower says ""Ameen"" after each supplicationthat is audible to him and participates in thepraises and so forth by responding with similarexpressions
If the imam is inaudible, the followerhimself says the supplication
When praying aloneone says it to oneself.When disasters (0: such as drought or anepidemic) befall the Muslims, they similarly supplicatein every prescribed prayer (0: afterstraightening up from bowing in the last rak'a).

*

The prayer is invalidated (if one has noexcuse (def: below)) by uttering two or more letters,or when two or more letters worth of soundssuch as laughter, crying, groaning, clearing thethroat, blowing, sighing, or similar are audible.It is also invalidated by much (0: i.e
morethan six words worth of) sound, even when thereis a valid excuse such as
blurting out· wordsunthinkingly, laughter or coughing overcomingone, absentmindedly speaking, or when onespeaks because as a new Muslim one does notknow it is unlawful during the prayer; though withsuch an excuse a slight amount of speech does notinvalidate the prayer.One's prayer is invalid if one speaks knowingthat it is unlawful but ignorant of the fact that itinvalidates the prayer, and is also invalid if onesays"" Aah"" during it out of fear of hell.When it is impossible to recite the Fatiha (N:to oneself) (A: or the final Testification of Faith(Tashahhud) or Salams) except by clearing one'sthroat, one may do so even when it approximatestwo letters
though if it is merely impossible torecite aloud, then one may not clear one's throat,but must instead recite to oneself.(A: Some things which are not commonlyknown to invalidate the prayer, such as clearingthe throat, do not invalidate the prayer of ordinarypeople, whose ignorance of them is excusable,though a scholar has no such excuse.)

If one notices (N: during the prayer) ablind person about to fall into a well, or the like,then one must speak up to alert him if there is nota nonverbal means of warning him of it.

No form of invocation of Allah (dhikr)invalidates the prayer unless it is a direct addresssuch as ""Allah have mercy on you"" or ""And uponyou be peace""; though it does not invalidate theprayer if it refers to someone not present, such as""Allah have mercy on Zayd"" (0: nor is it invali·dated by addressing Allah or the Prophet (Allahbless him and give him peace)).

When something happens to one duringthe prayer (0: such as someone asking permissionto enter, or having to remind the imam that he hasforgotten something), then if one is male, one says""Subhan Allah"" (0: intending only invocation(dhikr) thereby, as one may not merely intend toinform, nor lack any particular intention thereby,for these invalidate the prayer), or if female, oneclaps the right palm on the back of the left hand,not palm to palm.If one recites a Koranic expression such as ""0Yahya, take the book"" (Koran 19:12), intendingonly to inform (0: without intending invocation)or not intending anything in particular, this invalidatesthe prayer, though not if the intention isKoran recital, or recital and informing together.

A SUBSTANCE REACHING THE BODY CAVITYThe prayer is invalidated when any (evenif a little) substance (A: other than saliva) reachesthe body cavity intentionally
It also invalidatesthe prayer if it occurs absentmindedly or in ignoranceof its prohibition, provided the amount of thesubstance is commonly acknowledged to be much(def: f4.5), though not if it is little.

EXTRANEOUS MOTIONAdding a surplus action that is an integral,such as bowing, invalidates the prayer if doneintentionally, but does not invalidate it if donebecause one has forgotten (0: that one hasalready performed it).The prayer is not invalidated by intentionallyor absentmindedly adding a surplus spoken integralsuch as repeating one's recital of the Fatiha orthe Testification of Faith (Tashahhud) or recitingthem in the wrong place.

The prayer is invalidated by adding, evenif absentmindedly, a motion that is not one ofthe actions of prayer, provided it is both (0:considered by common acknowledgement (def:f4.5) to be) much and uninterruptedly consecutive,such as three steps (0: or successively movingthree separate body parts like the head andtwo hands, though an up-and-down motion is consideredjust one) or thr.ee or more consecutivemotions.The prayer is not invalidated by action that isnot much, such as two steps, or is much but is separatedso that the subsequent motion is consideredto be unconnected with the preceding one
But ifa (0: slight) action is grossly improper, such asjumping, it invalidates the prayer.

Slight actions such as scratching oneself,or turning a rosary (subha, dis: w27) do not affectthe validity of the prayer, nor does remainingsilent at length.

THINGS OFFENSIVE IN PRAYERIt is offensive to perform the prayer whileone is holding back from urinating or defecating.(0: If enough time remains to perform the prayer,the sunna is to relieve oneself first, even when onefears missing praying with a group, since itdiminishes one's awe and humility in prayer.)

It is offensive to pray in the presence offood or drink one would like to have, unless onefears that the prayer's time will end.It is offensive during the prayer:(1) to interlace the fingers;(2) to turn (N: the head when there is noneed
As for turning the chest from the directionof prayer (qibla), it invalidates the prayer exceptwhen there is an excuse such as in extreme peril,or when performing a nonobligatory prayer duringa journey);(3) to look to the sky;(4) to look at something distracting;(5) to gather one's clothes or hair with thehand, tuck one's hair under a turban, or wipe thedust from one's forehead;(6) to yawn, though ifit overcomes one, oneshould cover the mouth with the hand;(7) to exaggerate in lowering one's headwhile bowing;(8) or to put one's hands on the hips.

It is offensive during the prayer to spit tothe front of one or to the right
Rather, one shouldexpectorate to the left, in the hem of one's garement, or under the foot (N: when one is praying ina desert or similal) (0: It is unlawful to spit in amosque except into the left hem of one's garment(N: or a handkerchief
The slight motions neces7sary to take out one's handkerchief and return itdo not harm, as they are inconsiderable).)

THINGS OBLIGATORY IN PRAYERThe prayer has conditions (def: f9.13),integrals (f9.14), main sunnas (f9.15), and ordinarysunnas.

THE CONDITIONS OF PRAYERThe prayer's conditions are eight:(a) purification from minor and major ritualimpurity (hadath and janaba) (A: through ablution(wudu, def: eS) and the purificatory bath(ghusl, ell) respectively, as well as from menstruationand postnatal bleeding by bathing afterthem);(b) that one be free of filth (najasa, e14) (A:in body, clothes, and place of prayer ({4));(c) that one's nakedness be clothed (fS);(d) that one be facing the direction of prayer(qibla, f6);(e) that one avoid the actions prohibited inprayer, i
e
extraneous speech, eating, and excessivemotion (f9.1-7);(f) knowing or believing that the prayer'stime has come (t2);(g) knowing that the prayer is obligatory;(h) and knowing how it is performed.Whenever one violates any of these conditions,one's prayer is invalidated, such as:(1) (non-(a) above) when a state of ritualimpurity occurs during the prayer, even ifabsentmindedly;(2) (non-(b)) when some filth containingmoisture affects a garment during the prayer, butone does not immediately shed the garment; orwhen some dry filth affects it, but one throws it offwith the hand or sleeve (0: since in that case oneis supporting it and in contact with it (dis:f4.2(N:)));(3) (non-(c)) when the wind discloses a partof one' nakedness and its cover gets beyond reach;(4) or (non-(g)) when one believes that someelements of the prayer are obligatory and someare merely recommended, but does not knowwhich are obligatory.One's prayer is not invalidated if one thinksthat all the prayer's parts are obligatory, or«2)above) if one immediately sheds the garmentaffected by moist filth, brushes off dry filth, or «3)above) immediately re-covers one's nakedness.

THE INTEGRALS OF PRAYERThe prayer's integrals (rukn, pI
arkan)are seventeen:(a) the intention (def: f8.3);(b) the opening Allahu Akbar (f8.7);(c) standing (f8.27);(d) the Fatiha (f8.17);(e) bowing (f8.29);(f) remaining motionless a moment therein;(g) straightening back up after bowing(f8.31);(h) remaining motionless a momenttherein;(i) prostration (f8.33);G) remaining motionless a moment therein;(k) sitting back (f8.36) between the twoprostrations;(I) remaining motionless a moment therein;(m) the prayer's final Testification of Faith(Tashahhud) (f8.45);(n) sitting therein (f8.43);(0) the Blessings on the Prophet (Allah blesshim and give him peace) after the prayer's finalTestification of Faith (f8.45);(p) saying ""as-Salamu 'alaykum"" the first ofthe two times it is said at the end of the prayer(f8.47);(q) and the proper sequence of the aboveintegrals.

THE MAIN SUNNAS OF PRAYERThe prayer's main sunnas (A: meaningthose which if omitted call for a forgetfulnessprostration (def: f11)) are six:(a) the prayer's first Testification of Faith(Tashahhud) (N: in prayers that have two);(b) sitting during it;(c) the Blessings on the Prophet (Allah blesshim and give him peace) after it (f8.45);(d) the blessings on his family in the prayer'sfinal Testification of Faith (Tashahhud);(e) the supplication (f8.53) after bowing inthe final rak'a of the dawn prayer (subh);(f) and standing therein.

OTHER SUNNASAll other parts of the prayer are ordinarysunnas (0: and missing one is not compensated bya forgetfulness prostration).*

The prayer is the best of the body'sspiritual works (0: prayer referring to the prescribedprayer, and body excluding worship connectedwith the heart, such as faith in Allah, whichis better than the works of the body), andsupererogatory prayers are the best of voluntaryspiritual works (0: though scholarly work inIslamic religious knowledge, meaning beyondwhat is obligatory to ensure the validity of one'sworship, is superior to nonobligatory prayerbecause it fulfills a communal obligation (fard alkifaya,def: c3.2)).Supererogatory prayers that the Sacred Lawstipulates be prayed in groups, such as the prayeron the two 'Eids (fl9), the prayer at solar andlunar eclipses, and the drought prayer, are betterthan those it does not stipulate be prayed ingroups, namely, all others besides these
But thesunna rak'as before and after the prescribedprayers (0: whether confirmed sunna (sunnamu'akkada, def: below) or otherwise) aresuperior to the group prayer that is sunna on thenights of Ramadan (tarawih).THE SUNNA PRAYERS BEFORE ANDAfTER THE PRESCRIBED PRAYERS

It is sunna to diligently perfonn thenonobligatory prayers that are offered before andafter the prescribed ones.The optimal number of these is two rak'asbefore the dawn prayer (subh), four before andafter the noon prayer (zuhr), four before themidafternoon prayer ('asr), two after the sunsetprayer (maghrib), and two after the nightfallprayer ('isha).The confirmed sunnas (dis: c4.1) of these (0:confirmed (mu'akkada) meaning those which theProphet (Allah bless him and give him peace) didnot omit whether travelling or at home) consist often rak'as:(1) two before the dawn prayer (subh);(2) two before and after the noon prayer(zuhr);(3) two after the sunset prayer (maghrib);(4) and two after the nightfall prayer ('isha).It is recommended to pray two rak'as beforethe sunset prayer.The sunnas of the Friday prayer (jumu'a) arethe same as those of the noon prayer (zuhr)(dis: w28.1).The time for the nonobligatory rak'as thatcome before prescribed prayers is that of the prescribedprayers
It is proper (adab) to pray such asunna before the prescribed prayer, though ifprayed after it, it is still a current performance (A:not a makeup,
and one must intend it, for example,as the SUnna before noon prayer (zuhr)).The time for nonobligatory rak'as that come afterthe prescribed prayer begins when one has performedthe prescribed prayer and ends with theend of the prayer's time.

WITR (THE FINAL PRAYER AT NIGHT)The minimal performance for witr (lit.""odd number"") is one rak'a (0: even if one omitsthe sunnas after the nightfall prayer ('isha))
(A:A witr of at least three rak'as is obligatory (wajih)in the Hanafi school, and one should neveromit it.)The optimal way is to perform eleven rak'as,and (0: if one performs more than three) oneshould finish with Salams (def: f8.47) after everypair
The least considered optimal is three rak'as,(0: and one separates them by) finishing twotimes with Salams (N: i.e
by finishing two rak'aswith Salams and then performing the final rak'a).One recites al-A'la (Koran 87) in the first rak'a,al-Kafirun (Koran 109) in the second, and alIkhlas,al-Falaq, and al-Nas (Koran 112, 113, and114) in the third.It is permissible to (n: serially) join all therak'as of any witr prayer that has from three toeleven rak'as by finishing them once with Salams(0: in the final rak'a
In that case and also whenone's witr is only a single rak'a, one merely intendswitr, whereas in other witrs prayed in pairs (n:until one reaches the last one), one intends eachpair as twa rak'as afwitr).When joining the rak'as of witr one may limitoneself to a single Testification of Faith(Tashahhud) (A: in the final rak'a), or may recitetwo Testifications, one in the last rak'a and one inthe next to the last, and to thus recite two Testificationsis superior (A: if one separates the finaltwo rak'as from one another by finishing the nextto the last rak'a with Salams (N: before prayingthe final rak'a by itself), for otherwise it is betterto recite a single Testification, as making witr resemblethe sunset prayer (maghrib) is offensive).More than two Testifications (A: in a joined witr)invalidates the whole prayer.

The best time for witr is just after thesunna rak'as that follow the nightfall prayer('isha), unless one intends to offer the night vigilprayer (tahajjud; to rise at night after having slept,to pray some nonobligatory rak'as), in which caseit is best to pray witr after the night vigil prayer (A:
provided that one usually manages to get up whenone has made such an intention
If not, then it isbetter to perform witr after the sunnas of thenightfall prayer ('isha)).When one has already performed witr, butdecides to pray the night vigil prayer (tahajjud),one performs the latter's rak'as two by two, andthere is no need to repeat the witr, or ""make it aneven number"" by performing one rak'a before thenight vigil prayer
However, it is recommendednot to intend performing prayers between witr anddawn.

TARAWIHIt is recommended to perform tarawih,which is twenty rak'as of group prayer on eachnight of Ramadan
(0: As well as being sunna topray tarawih alone, it is also sunna to pray it in agroup.) One finishes each pair of rak'as withSalams.It is recommended to pray witr in a groupafter tarawih, unless one intends the night vigilprayer (tahajjud), in which case one should postponewitr until after it
During the second half orRamadan, in the last rak'a (N: of witr) , itisrecommendedto supplicate as one does in the dawnprayer (def: f8.53), and then one adds: ""0 Allah,we ask Your help, Your forgiveness, and Yourguidance
In You we believe, on You we rely, Youwe praise with every good, we are grateful to Youand not ungrateful, and disown and abandon himwho commits outrages against You
0 Allah, Youalone do we worship, to You we prllY and prostrate,You we strive for and hasten to obey,hopingfor Your mercy and fearing Your punishment.Truly, Your earnest punishment shall overtakethe unbelievers.""The time for witr and tarawih is between thenightfall prayer ('isha) and dawn.

THE MIDMORNING PRAYER (DUHA)It is recommended to pray the midmorningprayer (duha), which minimally consists of tworak'as, is optimally eight rak'as, and maximallytwelve
One finishes each pair of rak'as withSalams.Its time is after the sun is well up until justbefore the noon prayer (zuhr)
(0: The preferabletime for its performance is after a quarter of theday has passed.)

When one misses (0: even intentionally)any supererogatory prayer that has a specifiedtime, such as the two 'Eids, duha, witr, or the sunnasbefore and after the prescribed prayers, it isrecommended to make it up at any time afterwards.If one misses a supererogatory prayer that iscontingent upon some passing event, such as theeclipse prayer, drought prayer, greeting themosque, or the prayer for guidance (istikhara,def: f10.12), one does not make it up.

THE NIGHT VIGIL PRAYER (TAHAJJUD)Supererogatory prayer at night is a confirmedsunna (def: f10.2(0:)), even if one canonly do a little
Wholly supererogatory prayers (0:meaning those unconnected with a particular timeor reason) at night are better than during the day.If one divides the night into six parts, thefourth and fifth part are the best for prayer
Ifdivided in half, the second half is best
If dividedinto thirds, the middle part is best
Praying theentire night, every night, is offensive.It is recommended to begin one's night vigilprayers (tahajjud) with two brief rak'as, to ha,veintended the night vigil prayer before going tosleep, and not to make a practice of more prayerthan one can regularly perform without harm tooneself.(A: It is sunna to recite the suras of the nightvigil prayer sometimes aloud, sometimes tooneself.)

One (0: who is performing whollysupererogatory prayers, whether in the night orday) finishes every two rak'as with Salams, thoughone may also:(1) join three or more rak'as by finishing butonce with Salams:(2) pray a single supererogatory rak'a byitself;(3) recite the Testification of Faith(Tashahhud) every two rak'as (0: without finishingthem with Salams), or every three, or everyfour, even if the Testifications of Faith grow verynumerous (A: before finishing the series ofrak'aswith Salams)
(N: This is if not praying witr (dis:f10.3, end));(4) or confine oneself to just one Testificationof Faith (Tashahhud) in the final rak'a (0: inwhich case one recites a sura in each of therak'as and finishes with Salams after the abovementionedfinal Testification of Faith), though itis not permissible to recite the Testification ofFaith in every rak'a (0: without finishing withSalams).When one's intention (N: in a whollysupererogatory prayer) is to perform a specificnumber of rak'as (0: four or more), then one maychange one's mind as to the number and prayfewer rak'as, or more, provided one changes theintention before (0: having added or subtractedany)
Thus, it is permissible to intend four butfinish after two, if one intends to subtract two,though it invalidates the prayer to purposely finishit after two without having made the intentionto curtail the planned four rak'as
If oneabsentmindedly finishes with Salams, one goes onto complete the four and performs the forgetfulnessprostration (def: fll) at the end.

GREETING THE MOSQUEIt is recommended for whoever enters amosque to greet the mosque by praying two rak'aseach time he enters, even if many times within anhour
One is no longer entitled to pray it after sitting.It is accomplished anytime one enters amosque and prays two rak'as, whether oneintends merely performing two supererogatoryrak'as, fulfilling a vow, the sunna rak'as before orafter a prescribed prayer, the prescribed prayeralone, or the prescribed prayer together with theintention of greeting the mosque.(0: If one enters the mosque when one doesnot have ablution (wudu), it is sunna to say fourtimes, ""Allah is far exalted above any limitation,praise be to Allah, there is no god but Allah, Allahis greatest."")

It is offensive to begin any nonobligatoryprayer, whether greeting the mosque, the sunnarak'as before a prescribed prayer, or other, whenthe imam has begun the prescribed prayer or themuezzin has begun the call to commence (iqama).

THE GUIDANCE PRAYER (ISTIKHARA)(n: the translator has added the followingtext from Imam Nawawi's Riyad al-salihin:)Jabir (Allah be well pleased with him) relatesthat ""the Prophet (Allah bless him and give himpeace) used to teach us the guidance prayer(istikhara) for all matters, as he would a sura ofthe Koran, saying:"" 'When a matter concerns one of you, praytwo nonobligatory rak'as [dis: f8.20(5)] and say:""0 Allah, I ask You to show me what is bestthrough Your knowledge, and bring it to passthrough Your power, and I ask You of Yourimmense favor; for You are all-powerful and I amnot, You know and I do not, and You are theKnower of the Unseen
0 Allah, if You know thismatter to be better for me in my religion, livelihood,and final outcome [or perhaps he said, ""theshort and long term of my case""], then bring itabout and facilitate it for me, and bless me withabundance therein
And if You know this matterto be worse for me in my religion, livelihood, andfinal outcome [or perhaps he said, ""the short andlong term of my case""], then keep it from me, andkeep me from it, and bring about the good for mewhatever it may be, and make me pleased with it,""and then one should mention the matter athand.' ""

A nonobligatory prayer at home issuperior to one performed at the mosque (dis:f8.52).

It is offensive for one to single out thenight before Friday (lit
""night of Friday,"" i.e.Thursday night, since in Arabic the night of agiven date comes before its day) as a special nightfor prayer.

It is an offensive, blameworthy innovation(bid'a, def: w29) to perform any of the followingspurious prayers:(1) twelve rak'as between the sunset prayer(maghrib) and nightfall prayer ('isha) on the firstThursday night of the month of Rajab;(2) one hundred rak'as in the middle of themonth of Sha'ban;(3) (0: two rak'as after each of three timesof reciting Ya Sin (Koran 36) on the night of midSha'ban;(4) or the so-called prayer of' Ashura' on 10Muharram.)fH.O PROSTRATIONS OFFORGETFULNESS, KORANRECITAL, OR THANKSTHE FORGETFULNESS PROSTRATION*fIl.I The two reasons for the forgetfulnessprostration are nonperformance of somethingcalled for (0: such as a main sunna (f9.15)), orperformance of something uncalled-for (0: suchas absentmindedly adding a rak'a to one's prayer).remember it until doing what comes after it, thenone must (A: if still in the same rak'a) go back toit, perform it and what comes after it, and (A: it issunna to) prostrate for it at the end of one's prayer(0: provided one is not a follower
As for a followerwho misses an integral, he continues followingthe imam until the imam finishes with Salams,and then the follower rises alone and performs amakeup rak'a.One is only obliged to reperform a missedintegral (A: in the same rak'a, i.e
when prayingby oneself) if one's forgetfulness of it doesn't continue(A: until the next rak'a)
If one's forgetfulnesscontinues and one goes on to perform theintegral (A: during the course of the subsequentrak'a) then the same integral (A: ofthe followingrak'a) takes the missed integral's place (A: inwhich case the rak'a containing the omission doesnot count and one does not return to it, but performsthe rest of the prayer and then adds amakeup rak'a at the end, after which one performsthe forgetfulness prostration before onefinishes with Salams)).fl1.3 (0: If there is a surplus action, such aswhen one absentmindedly goes from standing toprostration without having bowed, but thenremembers, in such a case one stands up andbows, and performs the forgetfulness prostration(N: at the end of the prayer)
This (N: havingstood twice before bowing) is a surplus action.One does not prostrate for forgetfulnesswhen there is no surplus action, as when one omitsthe final prostration of the prayer, but remem bersit before one finishes with Salams and performs it,in which case one does not prostrate for it becausethere has not been an addition
)f11.4 If one misses a main sunna (def: f9.15),even purposely, one performs a forgetfulnessprostration.If one misses anything besides an integral ormain sunna, then one does not prostrate for it.f1l.5 One does not prostrate for (A: either intentionallyor absentmindedly) doing an uncalledfor action of the type which when done intentionallydoes not invalidate the prayer (0: such asturning the head, or taking one or two steps),though reciting a part or all of the Fatiha or Testificationof Faith (Tashahhud) at the wrong placein the prayer are exceptions to this, in that,although intentionally reciting them at the wrongplace does not invalidate the prayer, it does callfor a forgetfulness prostration.fll.6 One performs a forgetfulness prostrationfor unintentionally doing an uncalled-for action ofthe type which when done intentionally invaHdatesthe prayer (0: such as a small amount ofextraneous speech), provided it is not the type ofaction whose unintentional performance alsoinvalidates the prayer (0: such as much extraneousspeech or action (def: f9)) (N: since doing itwould in any case invalidate the prayer andobviate the need for a forgetfulness prostration).Straightening back up after bowing (fB.31),and sitting between prostrations (f8.36) are twobrief integrals
To intentionally make themlengthy invalidates one's prayer, though to do soabsentmindedly merely calls for a forgetfulnessprostration.(A: An exception to this is standing at lengthafter bowing in the final rak'a of any prayer, as thisdoes not invalidate the prayer even when doneintentionally, and even if one does not supplicatetherein.)fl1.7 If one forgets the first Testification ofFaith (Tashahhud) and stands up, it is unlawful toreturn to it
If one intentionally returns to it, thisinvalidates one's prayer (0: because one hasinterrupted an obligatory act (A: the integral ofstanding) for the sake of something nonobligatory(A: the main sunna of the first Testification ofFaith (Tashahhud))).But if one returns to it absentmindedly or outof ignorance, one merely prostrates for it, thoughone must (0: interrupt the Testification of Faiththat one has returned to, and) stand up as soon asone remembers.If one (A: has omitted the first Testificationof Faith and started to rise, but) checks oneselfbefore standing and sits down again, this does notcall for a forgetfulness prostration (0: as it is nota full surplus action (def: f11.3))
But if one intentionallyrises and then returns to sitting after havingbeen closer to standing, one's prayer is invalid.If not (0: i.e
if one had not yet been that close, orhad, but returned absentmindedly or in ignoranceof its prohibition), it is not (0: invalid).The same applies to omitting the supplicationof the dawn prayer (f8.53), where placing theforehead on the ground is as standing up is in theabove rulings (N: that is, one may return to theomitted supplication as long as one has not yetcompleted one's (A: first) prostration).fI1.8 When praying behind an imam who missesthe first Testification of Faith (Tashahhud) bystanding, the follower may not remain seated torecite it by himself (0: as this is a gross contraventionof his leadership and invalidates the prayerwhen done purposely and in awareness of its prohibition)unless he has made the intention to ceasehis participation in the group prayer and finishalone.But if the imam omits the first Testification ofFaith (Tashahhud) and the follower stands upwith him, and then the imam sits down, it is unlawfulfor the follower to follow him therein
Rather,the follower should either cease his participationin the group prayer, or else remain standing andwait for the imam to rise before they continue theprayer together
If the follower intentionally sitsback down when the imam does (0: knowing it isunlawful) then his prayer is invalid.If the imam is sitting for the Testification ofFaith and the follower absentmindedly stands up,then he must sit again, in deference to his imam'sleadership (0: because follOwing him in what iscorrect takes priority over starting an obligatoryintegral, which is also why the latecomer to groupprayer may omit both standing and reciting theFatiha (n: to bow when the imam bows, as aboveat f8.15)).f11.9 One does not perform the forgetfulnessprostration when one is uncertain (A: i.e
does notknow or believe) that one did something that callsfor a forgetfulness prostration, or that one addeda surplus integral, or did something uncalledfor.But if uncertain whether one omitteda main sunna (def: f9 .15), or performed theforgetfulness prostration, or whether one prayedthree rak'as or four (A: and this includes beinguncertain (N: i.e
not knowing or believing .itprobable) that one performed one or more of arak'a's integrals, since without all seventeen integrals(def: f9.14), the rak'a remains unperformed),then one proceeds on the assumptionthat one did not yet do it (0: returning to the originalbasis, which was that one had not done it) andone finishes with a forgetfulness prostration.When one's doubt (A: that one has performedan extra rak'a) is resolved before finishingthe prayer with Salams, one also prostrates forforgetfulness because of the rak'a one prayedwhile uncertain, which was presumed to have possiblybeen extra (A: i.e
the final rak'a, which oneperformed thinking it might be extra)
But if performingit would have been obligatory in any case,as when one is uncertain during the third rak'a (A:of a four-rak'a prayer) as to whether it is the thirdor fourth rak'a (A: both of which would beobligatory for the prayer in any case), but oneremembers during it that it is the third, then onedoes not prostrate for one's forgetfulness, thoughif one did not remember which it was until risingfor the fourth rak'a (A: whieh one presumedmight be the fifth), one prostrates for forgetfulness.(A: The same applies to prayers of less thanfour rak'as.)f11.10 The forgetfulness prostration, even ifthere are numerous reasons for it in one prayer, isonly two prostrations.fIl.l1 If one comes late to a group prayer and theimam performs a forgetfulness prostration at theend of the group's prayer, one performs it with thegroup, and once again at the end of one's ownprayer.A follower does not prostrate for forgetfulnesswhenhe makes an individual mistake (A: theimam did not make) while following (n: unless heomits an integral, as discussed above atf11.2( 0:)), though he does prostrate if his mistakeoccurred before joining the group or after theimam finished with Salams.If the imam makes a mistake, even if it wasbefore one joined the group prayer, then one mustprostrate for it with the group out of deference tothe imam's leadership
If one does not, it invalidatesone's prayer
If the imam neglects to performa forgetfulness prostration, the followerdoes so anyway.If one comes late to group prayer ,absentmindedlyfinishes with Salams with the imam, and thenremembers (0: the rest of the prayer that one hasto complete), one performs the remainder andprostrates for forgetfulness.f11.12 The forgetfulness prostration is a sunna
Itis performed before .one's final Salams, whetherthe reason is a surplus action or an omitted one.One is no longer entitled to perform it if onedeliberately finishes with Salams before it, orabsentmindedly finishes with Salams and there is alengthy interval before one recalls that one wassupposed to have performed it; though if thisinterVal is brief and one wishes, then one mayprostrate, and one has thereby returned to theprayer and must again finish it with Salams.THE KORAN RECITAL PROSTRATIONf11.13 To prostrate for recital of appropriate versesof the Koran is sunna for the person reciting,listening, or merely hearing.f11.14 One prostrates for one's own recital ifpraying by oneself or if one is imam (0: but itinvalidates one's prayer to intentionally and withknowledge of its prohibition recite a verse for thepurpose of prostrating during the prayer (N: if oneprostrates therein), exceptfor al-Sajda (Koran 32)recited in the dawn prayer (subh) on Friday
(A:Though if such a verse merely occurs in the courseof one's prayer, as when one is reciting a particularsura containing it, one may prostrate))
But ifeither of them prostrates upon hearing someoneelse's recital, it invalidates their p,rayer.A follower prostrates with his imam
The follower'sprayer is invalid if he prostrates for hisown recital, the recital of someone besides theimam, or prostrates without the imam, or does notprostrate when the imam does.f11.15 There are fourteen prostration verses, twoof them in aI-Hajj (Koran 22)
They do not includethe prostration at Sad (Koran 38:24), which is aprostration of thanks, not of Koran recital, and isonly performed outside of prayer
To purposelyprostrate for it during the prayer invalidates theprayer.f11.16 When one prostrates for reciting while inthe prayer, it is recommended to say ""Allahuakbar"" before prostrating and again when rising.It is obligatory to stand again after it (0: or to situp again if performing a nonobligatory prayerseated) and recommended to then recite more ofthe Koran before one bows.When one prostrates for reciting while outsideof the prayer, it is obligatory to sayan openingAllahu Akbar (0: and to finish with Salams.The four integrals of both the prostration ofKoran recital (A: outside of prayer) and of theprostration of thanks are:(a) the intention;(b) the opening Allahu Akbar;(c) the prostration;(d) and the final Salams (A: which can onlybe performed in a sitting position).Whether in or out of the prayer, the thingsthat invalidate a normal prayer invalidate theprostrations of recital or thanks, and the conditionsof the prayer, i.e
ablution (wudu), clothingnakedness, the entry of the proper time-which iswhen the last letter of a prostration verse has beenrecited-facing the direction of prayer (qibla),and so forth, are also conditions of these prostrations).It is recommended to say ""Allahu akbar""when one prostrates and rises, though not to recitethe Testification of Faith (Tashahhud) therein.fl1.17 If one delays the recital prostration past itstime and the interval is brief (0: meaning less thanthe time of two brief, medium-length rak'as) thenone is still entitled to prostrate
Iflongerthan that,one does not make it up.When one repeats a prostration verse withinone sitting or within one rak'a and one has missedthe prostration at its first mention, then it isaccomplished by a single prostration (0: though ifone prostrates for the first, one still prostrates forthe subsequent times, as the reason to do so hasbeen renewed).fl1.18 When reciting the Koran, whether duringthe prayer or not, it is recommended to ask Allahfor mercy at the verses mentioning mercy, and toseek refuge in Him (Ta'awwudh) at verses mentioningpunishment.·THE PROSTRATION OF THANKSf11.19 Whenever a manifest blessing appears inone's life (0: such as a child, wealth, or prestige),it is recommended to prostrate out of thanks toAllah, and likewise when an affliction is averted(0: such as being saved from drowning, regaininghealth, or the reappearance of someone lost (A:or the death of a tyrant)), or when one sees someoneAllah has afflicted with disobedience orillness, though in the latter case one shouldprostrate in private (0: so as not to sadden theperson).The prostration of thanks is the same as theKoran recital prostration outside ofthe prayer (0:regarding its integrals and conditions (def:fll.16))
It invalidates one's prayer if performedduring it.fl1.20 It is unlawful to prostrate without occasionmerely to humble oneself to Allah to drawnear to Him (0: because it is a reprehensible innovation(bid'a, def: w29.3)).fl1.21 The recital prostration's requirements offacing the direction of prayer (qibla), purity, andclothing nakedness are the same as those ofnonobligatory prayers.

*

Group prayer is a communal obligation(def: c3.2) upon all male nontravellers for the fivecurrent prescribed prayers, such that the rite ofthe prayer be public
(0: In a small town, it isenough to merely gather somewhere and pray
Ina city, the prayer must be held in public placessuch that the manifestations of obedience toAllah's command are evident
If held in houseswhere the rite of prayer is not public, the obligationremains unfulfilled (A: though a house with asign on it is sufficient).)

Group prayer is sunna for women, travellers,and for makeup prayers in which the imamand followers are performing the same type ofprayer; though it is not sunna for a follower'smakeup prayer to be performed behind an imam'scurrent prescribed prayer, or for a makeupprayer to be performed behind a different type ofmakeup (0: such as a follower making up thenoon prayer (zuhr) behind an imam who is makingup the midaftemoon prayer ('asr)).

It is personally obligatory to perform theFriday prayer Gumu'a) in a group (A: for everymale Muslim who is not travelling).

The group prayer for which the demand isthe strongest is the dawn prayer (subh), then thenightfall prayer (,isha), and then the midafternoonprayer ('asr).The minimal number of people for a groupprayer is an imam and a follower.It is best for men to perform group prayer atthe mosque (0: as the act of going to the mosquemakes the group prayer evident)
The bestmosque in which to pray is the one with the mostpeople
If there is a nearby mosque attended byfew people, then it is better to go to a distant oneattended by more, unless the imam there commitsreprehensible innovations (bid'a, def: w29.3), isimmoral, does not consider one of the integrals ofthe prayer to be an integral Cn: though this doesnot matter if it is the result of the imam's followinga different school of jurisprudence, as below at f12.29(N:)), or if one's going to the farthermosque will make group prayer impossible at theone nearby (A: as when one is one of the only twopeople who are likely to come), in all of whichcases it is better to pray at the nearby mosque.It is better for womento pray at home than atthe mosque (A: whether they are young or old)
Itis offensive for an attractive or young woman tocome to the mosque to pray (0: or for her husbandto permit her), though not offensive forwomen who are not young or attractive when thisis unlikely to cause temptation
(N: The author'swords here must be interpreted in the light of thefollowing details: If a woman's going to groupprayer or elsewhere will definitely lead to temptationbetween the sexes, it is unlawful for her to go.lf such temptation can be definitely prevented,
her going to attend group prayer remains sunna,as is attested to by the hadiths that have reached uson the subject
If temptation is feared but not certainto occur, her going becomes offensive.Whether such temptation is likely to occur issomething that differs with different times, places,and people
An old woman is not like a young one,nor a righteous society like one in which temptationbetween the sexes is the rule; nor is a specialprayer place set aside for women at a mosque likea prayer place which they share with men
This iswhy 'A'isha (Allah be well pleased with her) said,""Had the Prophet (Allah bless him and givehim peace) seen what women do now, he wouldhave forbidden them the mosque as the women ofBani lsra'il were forbidden,""a hadith reported by Bukhari and Muslim.The temptation between the sexes whoseoccurrence is to be feared when they intermingleis of various degrees, the least of which is a person'sappreciating and admiring the other, thenbeing attracted to and enamored with the other,and finally, those indecencies which are not hiddenfrom anyone
Islam is eager to eliminate evilat its inception and extirpate temptation from itsoutset, and the word of Allah Most High,""Tell believers to lower their eyes and toguard their private parts"" (Koran 24:30),explains both the starting point and final outcomeof the temptation of men through women and thetemptation of women through men.)

There is no demand to go to group prayer(0: whether communally obligatory (dis: f12.I),personally obligatory (f12.3), or sunna (f12.2)),when there is a valid excuse not to, such as:(1) hardship due to rain or snow that soaksclothing;(2) hardship due to heavy mud (0: from gettingsoiled or slipping when walking through it);(3) (0: severe) winds at night (0: ordawn);(4) severe heat or cold (0: because of thehardship of moving in them, and likewise intensedarkness at night, which is an excuse not toattend);(5) being in the presence of food or drinkthat one wants to have (0: as they obviate the aweand humility befitting the prayer
One should eatenough to take the edge off one's hunger (A: andthen go to join the group));(6) holding back from going to the toilet orbreaking wind (0: as one should relieve oneselffirst, even if one fears missing the group prayer);(7) hazard to one's person;(8) hazard to one's property (0: from theftor seizure, whether it belongs to oneself or toanother whose property one is obliged to protect.It also includes bread one has put in the oven thatwould burn if one were to leave and attend theprayer);(9) hardship from an ailment (0: even whenone is able to attend, if it entails a hardshipcomparable to that of walking in the rain
If one issuffering from a slight indisposition such as atoothache or the like, it is not an excuse);(10) taking care of a sick person (0: whowould suffer harm if one left to pray, whether arelative, friend, or total stranger) or taking care ofsomeone ill who is strongly attached to one's stayingwith him;(11) the death of a relative, friend, (0: orspouse);(12) fear of missing the impending departureof the party one intends to travel with;(13) having eaten something with a bad odor(0: such as raw onions or garlic, though not ifcooked, as this eliminates the smell);(14) orfear of meeting someone who will tryto collect a debt one owes him and one is unableto pay.(0: The demand for group prayer is noteliminated by other than the above excuses.)

It is a condition of a valid group prayerthat the follower intend to follow the imam (0:whether at the opening Allahu Akbar or thereafter).If the follower neglects to do so, his prayer isas if he had performed it alone
It invalidates one'sprayer to purposely omit the intention to followthe imam while at the same time praying behindhim and following his motions by awaiting them atlength, though awaiting them shortly or performingone's own prayer simultaneously with his doesnot invalidate it.It invalidates one's prayer to take a followeras one's imam when the follower is concurrentlypraying behind an imam (0: though if his imamfinishes with Salams and the follower is still pray·ing, he may then be taken as one's imam).

The imam intends leading the prayer asimam
If he neglects this intention then his ownprayer counts as if he had prayed alone (N: thoughhis followers' prayer counts as a group prayer),the imam having lost the reward for praying in agroup.In the Friday prayer Gumu'a), it is a necessarycondition for the prayer's validity that theimam intend leading as imam.

When going to a group prayer, it is recommendedto walk with tranquillity
(0: It is sunnanot to gambol about, speak of disapproved things,or engage in acts which are offensive in the prayeritself, such as looking right or left.)It is recommended to diligently seek thespiritual merit of being at the group prayer's openingAllahu Akbar, meaning that one says it justafter the imam does.

If one has begun a nonobligatory prayerwhen the call to commence (iqama) is given, oneshould finish it before joining the group, as long asone does not fear the group will finish before onecan join them
If afraid they will, then one interruptsthe nonobligatory prayer to join them.If one has begun praying a prescribed prayeralone and the call to commence (iqama) is givenfor a group prayer, it is recommended to tumone's prayer into a supererogatory prayer of tworak'as, and pray the prescribed prayer with thegroup
Were one to merely change one's intentionto that of following their imam, it would count as avalid group prayer for one, but it is offensive
Insuch a case if one reaches the end of one's prayerbefore the
group, one may either wait for them tofinish with one while sitting in the final Testifica·tion of Faith (Tashahhud), or else finish withSalams as soon as one reaches the end of one'sprayer
(0: One may not follow the imam in whatis in excess of one's own prayer.)

It is permissible to start praying with agroup, and then cease one's participation in prayingwith them (A: by a silent intention) and finishone's prayer alone, though this is offensive whenthere is no excuse
(0: It is not offensive to do sowhen there is an excuse, such as being ill, orunable to endure the imam's lengthy Koran recitalbecause of weakness or having business to attendto (N: or: a pressing emergency)
)

When one arrives late to a group prayer inwhich the imam is already bowing, it is obligatoryfor one to say the opening Allahu Akbar whilestanding upright, after which one says a secondAllahu Akbar before one bows to join the group(0: though if one only says it once, intending theopening Allahu Akbar thereby, then omitting thesecond Allahu Akbar of bowing does no harm, asit is sunna)
If any part of one's opening AllahuAkbar occurs when one is not standing upright(def: f8.27) , one's prayer is invalid.A latecomer is considered to have performedthe rak'a if he manages to say ""Allahu akbar,""bow, and remain motionless a moment thereinbefore the imam straightens up beyond the definitionallimitof bowing (f8.29)
If one is uncertain asto whether the imam straightened up past thelimits of bowing before one reached that position,or whether it was after
then one has not performedthe rak'a (0: as one assumes, when uncertain,that one had not yet reached it)
Nor does tl}erak'a count for such a follower when it does notcount for the imam, such as when the imam nullifieshis ablution (wudu), or has overlookedsomething impure on his person, or has mistakenlyadded a fifth rak'a to his prayer.If one does not join the group until the imamhas straightened up from bowing, or thereafter,then one follows his motions, saying ""Allah
akbar"" with him and repeating ""Subhan Allah""and the Testification of Faith (Tashahhud) whenhe does, even when this does not correspond tothe rak'a in which one's own Testification of Faithwould be if one were praying alone.If one joins the group just as the imam is prostratingor sitting in the final Testification of Faith,then one prostrates or sits with him (N: after havingrecited one's opening Allahu Akbar whilestanding) without (A: a second) Allahu Akbar(0: though Qne does say ""Subhan Allah"" in prostrationand recite the Testification of Faith withthe imam, in deference to his leadership).If the final Testification of Faith of the imamcoincides with one's own first Testification, thenwhen the imam finishes with Salams, one standsup with an Allahu Akbar to finish one's prayer;though if the imam's final Testification does notcoincide with one's first Testification, one rises tofinish without an Allahu Akbar.

Whenever one joins the group before theimam finishes with Salams, one has attained themerit of the group prayer
(N: But it is less thanthe merit of praying with the group from thebeginning or joining them in the middle, thoughjoining them at the end is better than prayingalone.)

The rak'as one performs before the imamfinishes with Salams are the first rak'as of one'sprayer, and those performed after the imamfinishes are the last
Hence, if the imam performsthe dawn prayer's supplication (def: f8.53) in therak'a in which one joins the group, one repeats itin one's own second rak'a.

It is obligatory for one to follow theimam's leadership in prayer actions, such thateach of one's movements begins after the imambegins it and before he finishes (N: the followingintegral)
(0: It is highly desirable that) one followsthe imam's spoken integrals in the same way,with the sole exception of saying"" Ameen"" (def:f8.19),which should be simultaneous with his.It invalidates one's prayer to say one's openingAllahu Akbar simultaneously with the imam,or to be uncertain as to whether one did so or not.It is offensive to perform some other part of theprayer simultaneously with the imam, and onethereby loses the merit of group prayer.

GETIING AHEAD OF THE IMAMIt is offensive to proceed to an integralahead of the imam, as when one bows before hedoes, and one is recommended to return to followinghim.(N: An ""integral"" in rulings concerning theperson who gets ahead of the imam or lags behindhim refers to integrals that are physical actions,such as standing, bowing, straightening up, prostrating,or sitting up between prostrations
It doesnot refer to spoken integrals such as reciting theFatiha, or to remaining motionless for a momentin the various positions.)It is unlawful, though if does not invalidatethe prayer, to completely finish an integral beforethe imam comes to it, as when one bows,straightens up, and then waits for him tostraighten up.It invalidates one's prayer to completelyfinish two integrals before the imam does, if onedoes so intentionally (0: and knowing it is unlawful).If one does so absentmindedly (0: or inignorance of its prohibition), it does not invalidatethe prayer, but the rak'a does not count (0: andone must add an additional rak'a after the imamfinishes with Salams).

LAGGING BEHIND THE IMAMIf there is no excuse (def: below), it isoffensive to lag behind the imam until he completelyfinishes an integral (def: fl2.15(N:)) aheadof one, and it invalidates one's prayer to lagbehind the imam until he finishes two integrals.If the imam bows and straightens up while(N: without excuse) one has not yet bowed, it doesnot invalidate one's prayer until the imam actuallybegins going down towards prostration and onestill has not bowed (0: since lagging'means thatthe imam has finished two integrals before the followerhas reached the first of them)
This invalidatesone's prayer even before the imam reachesprostration, as he has completed two integrals.

When one lags behind the imam for a validreason, such as one's slow recital (0: the imambeing fast in his recital) due to one's inability (A:whether natural inability or being a non-Arabicspeaker),not merely to unfounded misgivings(waswasa, def: s3.3), and the imam bows, then itis obligatory for one to finish the Fatiha (0: one isnot entitled in such a case to simply omit the restof the Fatiha and bow with the imam, as alatecomer is entitled to do (dis: f8.15
third paL)),after which one rapidly performs the elements ofthe prayer to catch up with the imam, provided theimam is not more than three (0: long) integralsahead of one
(0: Long excludes the integrals ofstraightening up after bowing and sitting betweenprostrations, which are short
Rather, the imam;sbeing three integrals ahead of one means he hasbowed, prostrated once, and begun the secondprostration, while the follower still has notbowed.)If one is further behind than that (0: as whenhe has started to stand up while one is still standingfor recital), then one follows from where one is(N: the number of rak'as one has done) and performsthe ones missed after the imam finishes withSalams.

When the imam is bowing or in the finalTestification of Faith (Tashahhud), and becomesaware of someone coming to join the groupprayer, it is recommended that he wait for thelatecomer (N: so the rak'a counts for him if theyare bowing, or so the group prayer counts for himif they are in the final Testification of Faith), provided:(a) that the person has entered the mosqueor place of prayer;(b) that the wait is not excessively long;(c) and that the imam's intention is obedi- .ence to Allah, not to give distinction or honor tothe latecomer, such as by waiting for the noble butnot the lowly.Waiting for a latecomer is offensive in otherthan bOwing and the final Testification of Faith.

When a mosque has an imam assigned to it(0: by the person in charge ofthe mosque, or as acondition of an endowment (waqf, def: k30)), andthe mosque is not in a busy location, it is offensivefor another to commence the group prayer withoutthe imam's permission (0: because theimamate is his, no one else 's, and because of thealienation and hurt feelings it involves)
It is notoffensive for another to do so in a mosque at abusy location or one to which no imam has beenassigned.

When one has already performed one'sprcscribed prayer alone or in a group, and findsanother group prayer being performed, it isrecommended to repeat one's prayer with them,intending the obligatory prayer
(A: The first fulfillsone's obligation ofthe prescribed prayer, butone intends repeating, e.g., the noon prayer(zuhr).) Its reward is that of a supererogatoryprayer.

The imam is recommended to keep hisrecital of the sura brief (0: not necessarily theabsolute minimum, but not the maximum desirablefor someone praying alone).When leading a group composed solely ofthose who do not mind lengthy prayers, he isrecommended to lengthen the recital.(0: The imam should not prolong the recitalwhen he does not know how everyone feels, andof those present some generally prefer lengthyrak'as and some do not, or when praying in amosque at a busy location where people often jointhe prayer after the imam has begun.)

When the imam stops reciting the Koranbecause of uncertainty, it is recommended for thefollower to remind him of what comes next
(N:When he does not stop but merely hesitates, thefollower does not remind him, so as not to flusterhim.) If the imam forgets an invocation (dhikr),the follower says it so the imam can hear
If heforgets an action, the follower should remind himof it by saying ""Subhan Allah"" (n: with the intentionof invocation, as at f9.4(0:))
If the imamremembers having missed the action, he performsit
But if he does not remember having missed it,it is not permissible for him to perform it justbecause the followers or others are remindinghim, even if they are numerous
(A: The morereliable opinion is that if their number reachesfour or more, he must act upon it.)

If the imam omits an obligatory element ofthe prayer (0: and does not return to it and performit), then it is obligatory for the follower tocease his participation (def: f12.10) in the groupprayer.If the imam omits a sunna that the followercannot add without considerably Jagging behind,such as the first Testification of Faith(Tashahhud), then it is unlawful for the followerto perform the missing sunna (0: rather, he mustfollow the imam)
If he performs it anyway (0:intentionally and knowing it is unlawful), it invalidateshis prayer, though he is entitled to cease hisparticipation in the group prayer to perform thesunna in the course of finishing his own prayeralone
If the sunna omitted by the imam can bedone without much of a lag, such is sitting brieflybefore rising for a new rak'a (def: fSAO), then thefollower may add it without ceasing his participationin the group
(0: This also applies to when theimam omits the dawn prayer's supplication(f8.53), which the follower may perform it he cancatch up with the imam before the imam lifts hishead from the second prostration, though if theimam lifts his head before the follower has prostratedeven once and the follower has notintended to cease his participation in the groupprayer, then the follower's prayer is invalid.)

Whenever the imam ceases his prayerbecause of his ablution (wudu) being nullified, oranother reason, he may choose a successor tofinish leading the prayer, provided the successor iseligible (def: f12.27) to lead the group
If thegroup performs a whole integral (f12.15(N:)) afterthe imam has stopped leading, then he may nolonger choose a successor.Any follower may be picked as the successor(0: even if he came late to the group prayer)
If alatecomer, he leads the group beginning at thesame point in the prayer where the imam left off.When he finishes leading them in their prayer, hestands (0: to finish his own), and indicates tothem to cease following his leadership, or betteryet, indicates for them to remain waiting for him(A: in their final Testification of Faith(Tashahhud)) until he comes to it after finishinghis own rak'as
If he does not know which rak'athe imam was in, then he should observe (0: bylooking left or right to see if the followers are sittingor) whether they are ready to rise
If they are,he rises, and if not, then he sits in a Testification ofFaith.It is permissible for the successor to be someonewho has not been praying with the group, pro""vided he is picked in the first or third rak'a (if theprayer has four tak'as), though he may not bepicked in the second or fourth rak'a (A: becausethe order of the person's prayer will not correspondto theirs, for such a person is not committedto the imam's order).The followers need not intend to follow thesuccessor
They may each simply break off andfinish alone
If the imam chooses someone butthey put forward someone else, their choice take!precedence .

THE IMAMATEThe one with the best right to be imam (N:in order of preference, when there is a disagreement)is:(1) the most learned in Sacred Law (A: i.e.the rulings concerned with prayer) (0: even if hehas not memorized any of the Koran except theFatiha, since the need in prayer for knowledge ofits rules is practically unlimited, while the onlyKoran recital required is the Fatiha);(2) he who has memorized the most Koran;(3) the most godfearing (0: because leadingthe prayer is an embassage between the servantand Allah Most High, and best befits him mosthonored by Allah);(4) he who has been a Muslim longest;(5) the noblest in lineage;(6) he with the best life history or reputation;(7) the cleanest in person and clothes;(8) he with the best voice;(9) and the most handsome.When only one of the above is present, he ischosen
If all people present or some ofthem possessone or more of these characteristics, thensomeone from the first of the list takes priorityover those listed after him
If two are equal andeach insists on being the imam, they draw lots.(N: It is permissible for a less qualified personto lead, even when a better qualified one ispresent.)The imam assigned to a mosque or a personliving in the house where the prayer takes place,even if only renting, takes precedence overeveryone on the list, from the most learned ondown, though he may select anyone else he wishesto lead the prayer
The sultan and those underhim, of Islamic judges, regional governors, and soon, take precedence over even the imam of themosque, the householder, and others.The following take precedence even whenthe latter is more learned in Sacred Law:(1) a nontraveller over a traveller;(2) an upright person (def: O24.4) over a corruptone;(3) and an adult over a child.A sighted and a blind person are equally eligibleto lead the prayer.

It is offensive for someone to lead a groupat prayer when most of the group dislike him for areason recognized by Sacred Law (0: such aswrongdoing, not taking precautions against filth(najasa), having a blameworthy income, keepingthe company of oppressors or the immoral, and soforth
If a minority dislike him, itis not offensive,for nobody lacks someone who dislikes him).

It is not permissible (0: or valid) to followan imam who is non-Muslim, insane, in a state ofritual impurity (def: e7, elO), or who has filth(najasa) on his clothing or person, or is a womanleading men, or someone who omits or mispronounces(def: f8.l8) a letter of the Fatiha leadingsomeone who knows it, or a mute, or someonewho slurs the words so the letters are indistinctfrom one another, or someone with a lisp.If after the prayer one finds out that the imamwas one of the above, then one must make up theprayer, unless the imam had filth Upon him thatwas concealed, or he was in a state of ritual impurity(N: in which cases one need not make it up).

The group prayer is valid:(1) when the imam is performing asupererogatory prayer and the follower is performinga prescribed prayer, or vice versa;(2) when the imam is performing the noonprayer (zuhr) and the follower is praying the dawnprayer (subh) (A: i.e
when the type of prayer differs),or vice versa;(3) when the imam is praying while sittingand the follower is praying standing, or vice versa;(4) and when the imam is performing amakeup prayer and the follower is performing acurrent one, or vice versa.(n: But a person shortening his prayerbecause of travelling may not pray behind animam who is performing the full number, as at f15.8(f).)

It is valid for a Shafi'i to follow the leadershipof an imam who follows a different school ofjurisprudence whenever the follower is not certainthat the imam has omitted an obligatory elementof the prayer, though if certain the imam has omittedone, it is not valid to follow him
The validityis based solely on the belief of the follower as towhether or not something obligatory has beenomitted.(N: One'should mention the position of theMalikis and Hanbalis here, which is that the criterionfor the validity of following the imam is theimam's school of jurisprudence,
such that if hisprayer is valid in his own school, it is permissibleto follow him as imam
How close this is to thespirit of the Law, which strives for Muslim unity.)

It is offensive to take an immoral person(def: o24.3(A:))as imam (0: because he mightnot be concerned about the things that are obligatoryin the prayer), or someone who stutters overthe letter f or the letter t, or who makes inconsequentialmistakes in the Arabic vowelling (0: thatdo not change the meaning).

RULES AND CONDITIONS OF FOLLOWINGWhen there are two or more male followers,it is sunna for them to stand behind the imam,A single male follower stands on the imam's right,and if a second follower arrives, the newcomerstands to the imam's left and says his openingAllahu Akbar, after which the two followersmove back (0: little by little)
If they cannot moveback (0: for lack of room) then the imam movesforward.

When there are men, boys, and womenpresent, the men form the front row or rows, thenthe boys, and then the women
(A: This is also therule for husband and wife: the wife prays in a separaterow behind the husband.)(0: If the men's back row is incomplete, itshould be completed with boys (A: and alatecomer may not remove the boys to make aplace for himself unless they are directly behindthe imam)
Those who form a new row behind arow that is incomplete do not attain the merit ofgroup prayer.)A woman leading women in prayer stands inthe middle of their first row.

It is offensive for the imam's place to behigher or lower than the followers' unless theimam wishes to teach the followers the actions ofprayer
If the imam and follower are not in amosque, it is obligatory that part of the imam'sbody be level with part of the follower's when bothare of average height.

A latecomer to a group prayer who doesnot find a place in the last row should stand behindit, begin his prayer with the opening AllahuAkbar, and then indicate to someone in the row tostand with him, by drawing him back; and it isrecommended that the person selected cooperateby stepping back (A: this is only if the latecomerdoes not expect anyone else to come).

The follower's prayer is invalid if his heelis farther forward than the imam's
(0: He shouldbe farther back than the imam's heel, even if onlya little, but not more than 1.44 meters, for otherwisethe merit of group prayer is lost (A: i.e
unrewarded,though not legally invalid).)

Whenever an imam leads a follower in amosque, the group prayer is valid no matter if theyare at a distance from each other, and no matterwhether they are in the same chamber or not, aswhen one of them is on the roof (even if the dooris closed) and the other is in the mosque's well,provided that (0: both places open onto themosque, and that) the follower can know whenthe imam is performing the motions of the prayer,whether by seeing the imam, or hearing hisbackup man (muballigh, the person who repeatsthe imam's Allahu Akbars and Salams in a loudvoice so people can hear).Multiple interconnected mosques openingonto eaeh other are considered as one mosque (0:and so are the mosque's outer courtyards, evenwhen there is a walkway between the courtyardand mosque).

MAXIMAL DISTANCES BETWEENTHE IMAM AND FOLLOWERSWhen the imam and follower are not in amosque, but are in an open expanse such as adesert or large house, their group prayer is valid aslong as the distance between them does notexceed approximately 144 meters
If farther apartthan this, their group prayer is not valid
If thereare rows of people behind the imam, this distanceis the maximum that is valid between each row andthe one in front of it, even if there are milesbetween the imam and the last-row, or a fire, riverthat would have to be swum to reach him, or busystreet between them.If the imam is in one building and the followerin another, such as two houses, or if there is ahouse, inn, or school where the imam is in acourtyard and the follower is under a coveredporch, or vice versa, then the maximum allowabledistance is the same as for outdoors (def: above),provided that there is nothing between the imamand follower that obstructs passage to the imam,such as a latticework window (0: and providedthat there is nothing that prevents the followerfrom seeing him, such as a closed door).The group prayer is valid when the imam is ina mosque and the follower is in an adjoining space,provided that there is 144 meters or less betweenthe follower and the edge of the mosque, and thatbetween the follower and the mosque there is nota barrier lacking a breach in it, breach meaning,for example, when the follower is standing beforea wall's open gate
If such a person's group prayerwith the imam is thus valid, then the prayer ofthose behind him or in the row with him is alsovalid, even when (0: these others are numerous,and) the group extends beyond the area frontingthe gate
Such a person's group prayer is not validif he turns from the gate, or if the wall of themosque, a window, or a closed door (locked ornot) lies between him and the imam.*

(0: The rules below apply to prayers thatare wholly supererogatory, i.e
which are not performedfor any particular occasion or reason, andapply to prayers performed for a reason that willoceur after the prayer, such as the two sunnarak'as before entering the state of pilgrim sanctity(ihram).)

The prayer is unlawful and invalid:(1) from sunrise until the sun is a spear'slength above the horizon (N: meaning when a distanceequal to the sun's diameter appears betweenthe sun and the horizon);(2) from the time the sun is at its highestpoint in the sky until it moves on;(3) from when the sun yellows before sunsetuntil after it has set;(4) after praying the current dawn prayer(subh);(5) and after praying the current midafternoonprayer ('asr).

It is permissible at the above times to offernonobligatory prayers that are performed for aparticular reason, such as the funeral prayer,greeting the mosque (def: f10.10), or the tworak'as that are sunna after ablution (wudu); and isalso permissible to make up missed prayers;though one may not perform the two rak'as thatare sunna before entering the state of pilgrimsanctity (ihram).

It is not offensive to pray within the MeccanSacred Precinct (Haram) at any time.Nor is it offensive to pray when the sun is at itszenith on Fridays (N: whether in the Sacred Precinctor elsewhere).

Someone unable to stand may pray theprescribed prayer seated (0: and need not make itup), unable meaning that standing involves manifesthardship, will cause illness or the worseningof a present illness, or cause vertigo, as when oneis on a ship.Such a person may sit for the prayer any wayhe likes, though the iftirash style of sitting (def:fB.37) is recommended
It is offensive in prayer tosimply sit on the ground, palms down and kneesdrawn up, or to sit with legs outstretched (A:when there is no excuse).

When seated for the prayer, the minimalbowing is to incline until the forehead is fartherforWard than the knees
The optimal way is toincline until the forehead is as far forward as theplace where the head rests in prostration.When unable to bow or prostrate, one comesas close to the ground with the forehead as onecan
When unable to do this, one performs themby nodding.

If an abscess or the like prevents one fromsitting, then one ""sits"" standing (A: meaning ordinarystanding, with the intention of sitting (N: sothat one stands between prostrations and for theTestification of Faith (Tashahhud))).

If one is capable of standing but suffersfrom a painful swelling of the eyes or somethingsimilar (0: such as a wound that can be treated byhaving the patient remain lying down) and a reliablephysician (0: in terms of knowledge andexpertise in medicine, who can be believed) tcllsone that praying while on one's back will enableone to be treated, then it is permissible to praywhile lying down (0: without having to make upthe prayer).

If unable to stand and unable to sit
onelies on one's right side (0: the right is recom-mended) facing the direction of prayer (qibJa)with the face and front of one's body, though onemust bow and prostrate if possible (0: meaningone stands up enough to bow, then bows, thenprostrates; or else sits up and bows).If this is not possible, one bows and prostratesby merely nodding one's head (0: bringing one'sforehead as near to the ground as possible),deeper for prostration than for bowing.If unable to even nod, one merely glancesdown with the eyes for bowing and prostration
Ifone cannot, one goes through the integrals of theprayer in one's mind
If unable to speak (0: torecite the Fatiha) one recites it in one's heart.The obligation of prayer exists as long as oneis able to reason (dis: fl.l, second par.).

If one is standing during the prayer andbecomes unable to remain standing, one sits tofinish the prayer
If this occurs during the Fatiha,one may not interrupt reciting it, but must continueto do so as one proceeds to siLIf one's condition improves enough (0: i.e
ifseated during a prescribed prayer because of illnessand a recovery of strength enables one to nowstand), then one must stand to complete theprayer.f1S.0 SHORTENING OR JOININGPRAYERS FOR TRAVEL OR RAIN(A: The two travel dispensations of shorteningand joining prayers have no effect on eachother: one may take both together, either, ornone
It is superior in our school not to take dispensationsthat are permissible.)SHORTENING PRAYERS WHILE TRAVELLINGf1S.1 It is permissible to shorten the current prescribedprayers of noon (zuhr), midafternoon('asr), and nightfall ('isha) to two rak'as each,when one:(a) is travelling for a reason that is not disobedienceto Allah (0: as there is no dispensationto shorten prayers on such a trip);(b) on a journey of at least 48 Hashemitemiles (n: approximately 81 km./SO mi.) one way:One may also shorten the above prayerswhen one both misses them and makes them up onthe trip, though one must pray the full number ifone misses them while not travelling and makesthem up on the trip, or misses them on the trip andmakes them up while not travelling.f1S.2 This distance (n: 81 km./SO mi
one way)holds for travel by water as well as by land
If sucha distance is traversed in an instant (0: preternaturally,because of a miracle (karama, def:w30)), oile may still shorten the prayer
(0: Thebrevity of the time taken to travel the distance is ofno consequence.)f1S.3 When there are two routes to a destinationand one of them is less than the distance that permitsshortening prayers but one chooses thelonger way for a legitimate purpose such as safety,convenience, or recreation (0: provided thatrecreation is merely the reason for taking thatroute, not the reason for the trip itself, which musthave some other legitimate purpose such as trade,for an outing is not a legitimate purpose) then onemay shorten prayers
But if the only reason forchoosing the longer way is to take the dispensation,thefll doing so is not valid and one must praythe full number.(A: Purely recreational trips whose purposeis not disobedience are permissible, but there areno travel dispensations in them, though if undertakenin order to gain religious knowledge, to visita fellow Muslim, or visit the grave of a righteous orlearned Muslim (dis: g5.8), these and similar purposesare legitimate and permit the dispensations.)f15.4 The journey's destination must be known.If a wife travelling with her husband or a soldierwith his leader does not know the destination,they may not shorten their prayers (N: as long asthey have not yet travelled the distance that permitsshortening
When they have travelled it, thenthey may)
If they know the destination and thejourney meets the conditions (def: f15.I), thenthey may shorten their prayers (N: from the beginningof the journey).f15.5 Someone whose journey constitutes an actof disobedience, such as a woman travellingagainst her husband's wishes, may not shortentheir prayer but must pray the full number
(0:The same applies to someone who undertakes alegitimate trip and then changes the purpose of itto disobedience.) (N: Though shortening prayersis permissible for someone who commits an act ofdisobedience while on a legitimate trip, as whensomeone travels for trade, but then sins by drinkingwine, for example.)THE BEGINNING OF THE JOURNEYf15.6 Ifone'scity has walls, one may begin shorteningprayers as soon as one has passed them,whether or not there are other buildings outsidethem
If there are no walls, one may shorten one'sprayers after passing beyond the last buildings,excluding farms, orchards, and cemeteries
(N:When the buildings of a city extend .to the nextcity, one's journey begins at the former's citylimits, or at what people commonly acknowledge(def: f4.5) to be the edge of town.) A deser!
dwellermay begin stortening prayers when he passesbeyond his people's tents
(0: A person living in avalley begins shortening prayers when he hastraversed the distance of the valley'S width
Someoneliving on a hill begins when he comes downfrom it
A person living in a gorge begins when heclimbs up out of it.)THE END OF THE JOURNEYf15.7 When the trip ends one must pray the fullnumber of rak'as for each prayer.A trip ends when one reaches one'shometown
It also ends;(1) by the mere intention to stay in apJace atleast 4 full days, not counting the day one arrivesor the day one departs;(2) or by staying that long without the intention,so that after one has stayed 4 full days, notcounting the days of arrival and departme, oneprays the full number of rak'as, unless one is stayingin a place in order to fulfill a purpose that oneexpects to accomplish and intends to leave as soonas one does
As long as this is the case, one mayshorten one's prayers for up to 18 days
If longerthan this, one prays the full number
This holds forboth jihad (def: 09) and other purposes.When one reaches one's destination andintends to stay there for a significant amount oftime (0: 4 days), one must pray thefull number ofrak'as, but if not (0: as when not intending to stayat all, or intending 3 days or less), then one maycontinue shortening prayers for either 4 days (0:if one learns that one cannot accomplish one'spurpose during them), or 18, if one can expectone's purpose to be accomplished at any moment.THE CONDITIONS FOR SHORTENfNGTHE PRAYERf15.8 The conditions for shortening the prayerwhile travelling are:(a) (0: that the trip be legitimate (def:f15.5);(b) that it be at least 81 km./50 mi
one way;(c) that the destination be known (f15A));(d) that the prayer take place from start tofinish while on the trip (A: if one's vehicle arrivesbefore the prayer is finished, one prays the fullnumber);(e) that the intention to shorten the prayercoincide with the opening Allahu Akbar (0: it notbeing valid if made after this);(f) that no portion of the prayer be performedwhile following an imam who is prayingthe full number of rak'as;(g) (0: that one be aware of the permissibilityof shortening prayers for travel;(h) and that the intention be free of thingswhich nullify it (A: such as vacillation or doubts(dis: below))).One must pray the full number of rak'as if:(1) (non-(d) above) the intention to stay atthe place for 4 days occurs during the prayer;(2) (non-(h)) one is uncertain whether one'sintention was to shorten, but one soon recalls thatone did intend it;(3) (non-(h)) one vacillates in the intentionbetween shortening the prayer or not doing so;(4) or (non-(f) one does not know whetherone's imam is shortening or not, though if onedoes not know the imam's intention, it is valid tointend that if the imam shortens the prayer, onewill shorten, and if he prays the full number, onewill pray the full number, and then to do this.JOINING TWO PRAYERS DURING A JOURNEYf15.9 It is permissible to join the noon prayer(zuhr) and midafternoon prayer ('asr) during thetime of either of them (N: or the Friday prayerUumu'a) and midafternoon prayer in the time ofthe Friday prayer), and permissible to similarlyjoin the sunset prayer (maghrib) and nightfallprayer (,isha) during the time of either, providedone joins them during a journey in which prayermay be shortened (def: f15.8(a,b,c,d)).If one stops travelling (A: to rest, for example)during the time of the first of the twoprayers, then this is the best time to join them, butif one is travelling steadily during the first's time,the time of the second is better.f15.10 The conditions for joining two prescribedprayers on a trip in the time of the first ofthem are:(a) that the trip continue (A: until onefinishes both prayers);(b) that the first of the two be prayed first;(c) that the intention to join the two prayersoccur before finishing the first, either coincidingwith the opening Allahu Akbar, or occurring duringthe prayer;(d) and that one not separate the two prayersby waiting between them, though a short interval(A: meaning one that could contain two rak'asof the briefest possible) is of no consequence,nor is a brief search for water (dis: e12.3)by someone who has performed dry ablution(tayammum).If one prays the second of the two prayersbefore the first (non-(b) above), then that prayeris invalid (0: and must be repeated after the first,if one still wants to join them).One must wait to perform the second of the twoprayers until its own time if:(1) (non-Ca) above) one finishes one's journeybefore performing the second prayer;(2) (non-(c)) one neglects to intend joiningthem.during the first prayer;(J) or (non-(d)) one waits at length betweenthem.f15.11 If one has performed both prayers and thejourney subsequently ends (A: whether in thetime of the first prayer or the time of the second),they are and remain valid.fl5.12 The necessary condition for joining twoprayers in the time of the second of them (A: inaddition to f15.8(a,b,c,d)) is that one make theintention to do so before the end of the 'firstprayer's time (0: by an interval which could containat least one rak'a)
If one neglects this intention,one has sinned, and praying the first prayerduring the second prayer's time is consideredmaking it up.f15.13 When joining two prayers in the time ofthe second, it is recommended (A: not obligatory):(1) to pray the first one before the second;(2) to not pause at length between them;(3) and that the intention to join them bepresent during the prayer one performs first.JOINING PRAYERS BECAUSE OF RAINfl5.14 It is permissible for a nontraveller to praythe noon prayer (zuhr) and the midafternoonprayer ('asr) at the time ofthe noon prayer (N: orthe Friday prayer Gumu'a) and midafternoonprayer at the time of the Friday prayer), and tosimilarly pray the sunset prayer (maghrib) andnightfall prayer (,isha) at the time of the sunsetprayer if:(a) it is raining hard enough to wet one'sclothing (0: and like rain in this is melted snow orhail);(b) one is praying with a group in a mosque(0: or other place of prayer);(c) the mosque is far (0: from one's door,i.e
far by common acknowledgement (def: f4.5));(d) it is raining when the first prayer begins,when it ends, and when the second prayer begins;(e) and conditions f15.10(b,c,d) exist.f15.15 (A: If one arrives during the second of two prayers joined because of rainand does not finish one's own first prayer before the group finishes their second,then one is no longer entitled to join one's prayers for rain
It is a necessarycondition that one pray at least part of the second prayer with them, though onemay hurry through one's own first prayer alone to catch up with and join themduring their second.)f15.16 If the rain stops after one finishes the twoprayers or during the second one, both prayers areand remain valid.f15.17 It is not permissible to join two prayers inthe time of the second of them because of rain.fl5.IS (n: In the Shafi'j schooL there are no validreasons other than travel or rain for joiningprayers, though others exist in the Hanbali school,as discussed in what fOllows.)('Abd ai-Rahman Jaziri:) The Hanbalis holdthat the above-mentioned joining between thenoon prayer (zuhr) and midafternoon prayer('asr), or between the sunset prayer (maghrib)and nightfall prayer ('isha) is permissible, whetherin the time of the first prayer of each of these twopairs, or in the time of the second prayer of each ofthem, though it is superior not to join them.It is a necessary condition for the permissibilityof joining them that the person praying be:(1) a traveller on a trip in which shorteningprayers is permissible;(2) a sick person for whom not to joinprayers would pose a hardship;(3) a woman who is nursing an infant, or whohas chronic vaginal discharge (dis: e 13.6), sinceshe is permitted to join prayers to obviate thehardship of purification for every single prayer;(4) someone with an excuse similar to thewoman with chronic discharge, such as a personunable to prevent intermittent drops of urine comingfrom him (e13.7);(5) or someone who fears for himself
hisproperty, or his reputation, or who fears harm inearning his living if he does not join prayers; thelatter giving leeway to workers for whom it isimpossible to leave their work.(al-Fiqh 'ala al-madhahib al-arba'a (y66), 1.487)PRA YING THE SUNNA RAK'AS WHENONE JOINS PRAYERSf15.19 (0: When one wants to join the midafternoonprayer ('asr) and noon prayer (zuhr) in thetime of the noon prayer, one first prays the sunnasthat come before the noon prayer, followed by thenoon prayer, the midafternoon prayer, the sunnasthat come after the noon prayer, and then the sunnasthat come before the mid afternoon prayer.Similarly, when one joins the nightfall prayer('isha) with the sunset prayer (maghrib), oneprays the sunnas that
come before the sunsetprayer, and postpones those that follow the sunsetprayer until after one has prayed the nightfallprayer, after which one prays the sunnas thatcome before and after the nightfall prayer, andthen witr
Their order is sunna.)*

The prayer of peril may be performedwhen the Muslims are engaged in permissiblefighting (0: whether obligatory, as when fightingnon-Muslims or highwaymen whom the caliph(def: 025) is fighting, or permissible, as whenfighting someone who is trying to take one's propertyor that of others).

When the enemy is not in.the direction ofprayer (qibla), the imam divides the Muslim forceinto two groups
One group faces the enemy whilethe other prays a rak'a behind the imam
Whenthe imam rises for the second rak'a, the groupmakes the intention to cease following his leadershipin the prayer and then finishes their secondrak'a alone as individuals while the imam remainsstanding at the beginning of his second rak'a,reciting the Koran and awaiting the second group.Then this first group goes to relieve the othersin facing the enemy, and the others come andbegin their group prayer behind the imam, who isstilI standing and who remains so long enough forthc second group to recite thc Fatiha and a shortsura
At thcend ofthisrak'a whcn the imam sits inthc Testification of Faith (Tashahhud), the grouprises and performs their second rak'a without him(whilc he remains sitting at the end of his secondrak'a waiting for them to reach the same point intheir own prayer)
When thcy catch up with him,he closes the prayer with Salams.If this prayer is the sunset prayer (maghrib),the first group prays two rak'as following theimam's lead, and the second group follows him inthe third rak'a
If it is a prayer with four rak'as,then each group follows the imam for two rak'as.The imam may also divide the Muslim force intofour groups and have each group pray one rak'abehind him.

When the enemy is visible in the directionof prayer (qibla) and the Muslims are numerous,the imam arranges them in two or more rows,opens the group prayer with"" Allahu akbar,"" and(0: after reciting the Fatiha with all of them) hebows and straightens up with everyone followinghis lead
Then he prostrates together with the rownearest him, while the other row remains standing.When the imam and his row stand after theirsecond prostration, the other row performs its-own prostrations and rises to catch up with theimam and his row, who have remained standingwaiting for them.In the seeond rak'a all bow and straighten uptogether, but when the imam prostrates, the seeondrow, who remained standing on guard before,prostrate with him while the row nearest himremain standing on guard
When those who haveprostrated with the imam sit back (0: after theirprostration, for the Testification of Faith(Tashahhud)) then the row nearest him (0: whohave been standing on guard) prostrate (0: andcatch up with the others in the Testification ofFaith (Tashahhud))).

It is recommended to remain armed duringthe prayer of periL

When the peril is great, in actual combat,Muslims may pray walking or riding, facing thedirection of prayer (qibla) or not, in a group orsingly, and nodding in place of bowing and prostrationwhen they are unable to perform them,nodding more
deeply for prostration than forbowing
If forced to strike blow after blow duringthe prayer, this is permissible
Shouting is not.*

(A: It is offensive for men to wear tight clothing that discloses the size ofthe parts of their body which are nakedness (def: f5.3), and this is unlawful forwomen.)

It is unlawful for men to wear silk or use itin any way, even to line clothing, though it is permissibleto use it as padding in a cloak, pillow, ormattress.

Women may wear and use silk, and it ispermissible for a guardian to dress a child in itbefore puberty.

It is permissible for men to use fabric composedpartly of silk as long as the weight of the silkis half or less of the weight of the fabric; toembroider with silk thread where (0: the widthof) the design does not exceed four fingers (0:though the length does not matter); to have a silkfringe on a garment; or a silk collar; or to cover asilk mattress with a handkerchief or the like andsit on it.It is also permissible for men to use silk whenthere is need to in severe heat or cold, to clothetheir nakedness with it for the prayer when thereis nothing else, or to use it when suffering fromitching or for protection from lice
(0: The upshotis that when there is real need for it, one may useit
Otherwise, it is an enormity (def: c2.5(2)).Imam Ghazali attributes its prohibition to itseffeminacy and softness, which are unbecoming ofmen.}

It is permissible to wear a garmentaffected by something impure (najasa, def: e14.1)when not in prayer (0: or other activites requiringpurity, provided one is not in a mosque
As forwearing such a garment in a mosque, one may not,since it is not permissible to carry somethingimpure into the mosque when there is not someneed, such as having to take one's shoes inside).It is unlawful to wear leather taken from thecarcass of an unslaughtered animal (n: before tanning,as at e14.6) except when there is pressingneed, such as in the event of a sudden outbreak ofwar (A: when there is nothing else) and the like.

It is unlawful for men to wear goldjewelry, even the teeth of a ring's setting thatholds its stone
(0: Unlike silk, there is no differencefor the prohibition of gold between small andlarge amounts.) Nor may men wear objectspainted or plated with gold, though if these tarnishso that the gold is no longer apparent, then theyare permissible.

It is permissible to r.epair teeth with gold.

It is lawful (A: for both sexes) to wear asilver ring (A: the sunna for men being to do so onthe little finger, of either hand), and (A: for men)to decorate battle weapons with silver, but not ridinggear such as saddles and the like, nor aninkwell, writing utensil case, work knife,penknife, or lamp fixture--even if in a mosquenorto have silver jewelry other than rings, such asa necklace, armband, bracelet (0: because theseresemble the habits of women and it is unlawfulfor men to imitate women), or a crown.It is not permissible to use silver (A: or gold)to embellish the ceiling or walls of a house ormosque (0: even those of the Kaaba, because it iswasteful, and no one has reported that the earlyMuslims did so), though if the amount is so slightthat none could be melted off by applying fire,then it may remain
If more than that, then not(0: i.e
it must be removed).

(0: It is offensive to use cloth for interiordecoration in houses (A: meaning that if curtainsand the like are used merely for decoration, it isoffensive, though there is nothing wrong withusing them to screen a room from view), even forshrines at the tombs of the righteous and learned.It is unlawful to decorate walls with pictures (n: ofanimate life, as at p44).)

It is permissible for both men and womento decorate copies of the Koran and to embellishwriting with silver (0: out of reverence for it)
It ispermissible for women to have copies of theKoran decorated with gold, but this is unlawfulfor men.

All gold jewelry is permissible for women,even on shoes and woven into fabric, provided it isnot wasteful
But if a woman is wasteful, such aswhen she has a nO-gram anklet of gold (0: meaningthat it (N: i.e
the weight of a piece, thoughthere is no limit to the number of average-weightpieces) exceeds the customary), then it is unlawful(0: since gold is only permitted to women for thesake of beauty, and when gold exceeds what isnormal it is repulsive and devoid
of oeauty (A:and zakat must be paid on such wasteful jewelry(n: as opposed to jewelry that is not wasteful, onwhich no zakat is due (dis: h4.4)))).*

(0: Attending the Friday prayer is personallyobligatory
It is the finest of prayers, and itsday, Friday, is the best day of the week
Its integralsand conditions are the same as other prayers(def: f9.13-14).)

Anyone obliged to pray the noon prayer(zuhr) is obliged to pray the Friday prayerGumu'a), except for women and for travellers ona trip that is not disobedience (def: f15.5), even ifthe trip is less that 81 km.l50 mi
one way (n:though one's departure for the journey must havetaken place before dawn on Friday, as at f18.6).Valid excuses for not attending group prayer(def: f12
5), such as illness or taking care of a sickperson, excuse one from attending the Fridayprayer Gumu'a).

Eligible Muslims living in a village wherethere are not forty men (n: the minimum requiredfor a valid Friday prayer, as at f18
7( e)) must go toa larger town for the Friday prayer when the twoplaces are close enough that the call to prayer(adhan) from the larger town is audible to themunder normal circumstances, given a calm windand no interference
Audible means that the callof a man with a loud voice standing in the largertown on the side facing the village could be heardby a man with normal hearing standing on the side·of the village facing the town
If such a call wouldbe inaudible, then the villagers are not obliged togo to pray the Friday prayer (A: but merely praythe noon prayer (zuhr)).

A Muslim present at the mosque who isnot obliged to pray the Friday prayer may leave(A: instead of participating in it, such as a travellermerely wanting to pray the noon prayer (zuhr)and go), except for the following, who must praythe Friday prayer:(1) someone with an illness for whom waitingfor the Friday prayer poses no hardship, providedthat he has arrived after its time has begun(0: namely noon, for if he arrives before this, or ifwaiting is a hardship, then he may leave);(2) someone who is blind;(3) or someone whose excuse is muddy terrain(dis: f12.S(2)).Those· present at the mosque who are notobliged to pray the Friday prayer (A: other thanthe above-mentioned) may choose between performingthe Friday prayer and the noon prayer(zubr) (0: even when the fact that they arepresent eliminates their excuse)
If they want toperform the noon prayer (zuhr) in a group (0: asis sunna) and their excuse from the Friday prayeris not obvious to onlookers, then they should concealtheir group prayer rather than display it (0:which would be offensive under the circumstances).If a person is not obliged to perform the Fridayprayer, but believes the reason for his excusemay disappear, such as sick person (A: hoping torecover before the prayer ends), then he shouldpostpone his noon prayer (zuhr) until he can nolonger hope to attend the Friday prayer
But ifone's excuse from the obligation of attending theFriday prayer is not expected to cease, such asbeing a woman, then it is recommended to praythe noon prayer (zuhr) at the first of its time.

The noon prayer (zuhr) of someoneobliged to perform the Friday prayer is not validuntil he has missed the Friday prayer (A: by itshaving finished without his having attended).

It is unlawful for someone (0: obliged topray the Friday prayer) to travel after dawn (A: onFriday before having prayed it) unless:(1) there is a place on his route where theFriday prayer will take place;(2) or he is going to travel with a group (0: ofpeople not obliged to pray the Friday prayer) whoare departing, such that his staying behind wouldentail harm for him.

In addition to the usual conditions for theprayer (def: f9.13), a valid Friday prayer Gumu'a)also requires:(a) that it be a group prayer;(b) that it take place during the time of noonprayer (zuhr);(c) that it follow two sermons (khutba, def:f18.9);(d) that its site be located among the dwellingsof the community;(e) that there be a minimum of forty participantswho are male, have reached puberty, aresane, and are local residents, meaning they livethere and do not leave except when they need to(n: though the minimum according to Abu Hanifais three participants besides the imam (al-Lubab fisharh al-Kitab (y88), 1.111));(f) and that, in places where it is no hardshipfor everyone to pray at one location, there be noother Friday prayer prior to or simultaneous withit (0: i.e
in the opening Allahu Akbar of theprayer (dis: below)).The imam is counted as one of the forty«e) above).A group performing the Friday prayer must finishit as a noon prayer (zuhr) if:(1) (non-(e) above) the number of participantsdiminishes during it to less than forty;(2) or (non-(b)) if its time ends during theprayer (0: with the coming of the midafternoonprayer's time)
If the group has doubts beforestarting the Friday prayer that they will be able tofinish it within its time, then they must begin it asa noon prayer (zuhr).

In places where having everyone assemblein one location is a hardship, as in Cairo orBaghdad, it is valid to hold as many Fridayprllyersas are
needed
In places where it poses nohardship, such as Mecca or Medina, if two Fridayprayers are held, the first ofthem (A: to open with""Allahu akbar"") is the Friday prayer, and the secondis invalid (A: and must be reprayed as a noonprayer)
If two are held in such a place and it is notclear which was first, they should start overtogether as one Friday prayer.THE SERMON (KHUfBA)

The integrals of the sermon (khutba) arefive (0: and their order is sunna) (n: (a), (b), and(c) below are required in each of the two sermons,while (d) may be in either, and (e) must occur inthe second, as mentioned below):(a) saying ""al-Hamdu lillah"" (praise be toAllah), this particular utterance being prescribed;(b) the Blessings on the Prophet (Allah blesshim and give him peace), which is also a prescribedutterance;(c) enjoining godfearingness (taqwa), forwhich a particular expression is not prescribed, itbeing sufficient to say ""Obey Allah"";(the above (0: integrals (a), (b), and (c)) areobligatory in each of the two sermons)(d) reciting one verse of the Koran (0: thatconveys an intended meaning, such as a promise,threat, exhortation, or similar) in at least oneof the two sermons;(e) and to supplicate for believers (0: maleand female) in the second of the two sermons (0:which must be for their hereafter, as supplicationsfor this world alone do not fulfill the integral).(n: The following sermon, added here by thetranslator from the commentary at m2, has beenrelated by two chains of transmission, one ascribingit to Ibn Mas'ud, and the other through him tothe Prophet (Allah bless him and give him peace):""Praise is truly Allah's
We praise Him, seekHis help, and ask His forgiveness
We seek refugein Allah from the evils of our selves and our badactions
Whomever Allah guides none can leadastray, and whomever He leads astray has no oneto guide him
I testify that there is no god butAllah alone, without any partner
and thatMuhammad is His slave and messenger
Allahbless him and give him peace, with his folk andCompanions
0 you who believe: fear Allah as Heshould be feared, and do not die other than asMuslims."" '0 people, fear your Lord who created youfrom one soul and created its mate from it, andspread forth from them many men and women.And be mindful of your duty to Allah, by whomyou ask of one another, and to the wombs [thatbore you], for verily, Allah is vigilant over you' ""(Koran 4:1).(n: This sermon fulfills conditions (a), (b),(c), and (d) above (A: and the rest of the sermonmay be in any language), and after sitting briefly,one rises and says, ""al-Hamdu lillah,"" the Blessingson the Prophet (Allah bless him and give himpeace), enjoins the people to fear Allah, and mustadd a supplication for the Muslims «e) above),such as saying, ""0 Allah, forgive the believers""(Ar
Allahumma-ghfir lil-mu'minin walmU'minat).)

The conditions of the two sermons are:(a) that the speaker be in a state of purity (0:from minor (def: e7) and major (elO) ritual impurityand from filth (najasa, e14.1));(b) that his nakedness be clothed;(c) that the two sermons occur during thenoon prayer's time (zuhr) before performing thetwo rak'as of the Friday prayer;(d) that the speaker be standing during them(0: if able);(e) that he sit down between the two;(f) and that his voice be loud enough for theforty required participants (def: fI8.7(e)) to hear(0: the sermons' integrals).

The sunnas of the sermon include:(1) that the speaker stand on a pulpit (minbar)or high place (0: and that it be to the right ofthe prayer niche (mihrab) and that the speakerstand on the right side of the pulpit);(2) that he say ""as-Salamu 'alaykum"" tothose present when he enters the mosque and (0:again) when he ascends the pulpit (0: and reacheshis seat there);(3) that he sit until the muezzin has finished(A: the second (dis: w28.2) call to prayer(adhan));(4) that when speaking, he lean on a sword,bow, or stick (0: which is in his left hand
It isdesirable for him to put his other hand on the pulpit.If he does not have a sword or the like, hekeeps his hands still by placing the right upon theleft, or dropping them to his sides, He does notmove them or fidget with one, as the aim is stillnessand humility);(5) and that he face the group during bothsermons (0: and not turn to the right or left duringthem, for it is a reprehensible innovation
It isdesirable for the listeners to face the speaker).

DESCRIPTION OF THE FRIDAY PRAYERThe Friday prayer Uumu'a) consists of tworak'as.lt is sunna for the imam to recite al-Jumu'a(Koran 62) in the first rak'a (A: meaning theentire sura, the sunna being to make the sermonbrief and the rak'as long, though wisdom must beused in deciding how mueh those present willaeeept) and al-Munafiqun (Koran 63) in the secondrak'a (0: following the sunna from a hadithreported by Muslim, who also reported that theProphet (Allah bless him and give him peace)sometimes recited al-A'la (Koran 87) in the firstrak'a of the Friday prayer and a1-Ghashiya (Koran88) in the second).

A latecomer who joins the group prayer intime to bow and remain motionless a momenttherein while the imam is still bowing in the secondrak'a is legally considered to have attendedthe Friday prayer (A: though such a person mustrise after the imam has finished with Salams topray the rak'a he missed)
If the latecomer joinsthe group after this point, he has missed the Fridayprayer, but (0: obligatorily) intends performingthe Friday prayer anyway and follows the imam(0: in ease
the imam has omitted an integral andhas to repeat a rak'a, in which event the latecomerwill have attended the Friday prayer)
(N: But ifthis does not happen, then) when the imamfinishes with Salams, the latecomer rises and completeshis prayer as a noon prayer (zuhr).

RECOMMENDED MEASURES FOR THOSEATTENDING THE FRIDAY PRAYERIt is recommended to perform a purificatorybath (ghusl) (0; and offensive not to) beforegoing to the Friday prayer, though it may be performedanytime after dawn
If one is unable tobathe, one may perform the dry ablution (tayammum).It is also recommended to clean the teeth witha toothstick (siwak, def: e3), trim the nails,remove (0: bodily) hair, eliminate offensiveodors, wear perfume and one's finest clothes(white being the best), and for the imam to dressbetter than anyone else
(A: Because of the timetaken by these measures, it is offensive to visitothers on Friday mornings.)It is offensive for women who attend the Fridayprayer to wear perfume or fine clothes.It is recommended:(1) to arrive early (0: which is recommendedfor everyone besides the imam, so as totake a seat and wait for the prayer), the best timebeing from dawn on;(2) to come on foot in tranquility and dignity,and not to ride to the mosque unless there isan excuse (0: such as old age, weakness, or beingso far from the mosque that the fatigue of walkingwould obviate one's humility and presence ofmind in the prayer);(3) to sit near to the imam;(4) and to invoke Allah (dhikr) (0: both onthe way and at the mosque before the sermon),and to recite the Koran and invoke Blessings (0:on the Prophet (Allah bless him and give himpeace)).

It is offensive (0: for anyone but theimam, when there is no need) to step over peopleto reach a place among them, unless one sees avacant spot that cannot be reached otherwise.It is unlawful to make someone sitting in themosque rise and then sit in his place, though ifsomeone voluntarily rises it is permissible (0: foranother to sit there).

It is offensive to give another person one'splace in the front row, in closeness to the imam, orto put others ahead of oneself in performing anyact of worship (0: as is proved by the rigorouslyauthenticated (sahih) hadith,""People keep staying behind until Allahkeeps them behind.""As for Allah' s saying,"" ..
preferring others to themselves, thoughpoverty be their lot"" (Koran 59:9),it refers to things that relate to the physical self,such as feeding a hungry person when one needsthe food, in which case preferring another to oneselfis desirable, without a doubt).I t is permissible to send someone to themOsque to save a place for oneself there byspreading something out (0: such as a rug, for noone else may pray on it), though it is permissiblefor another to move it aside and sit down in itsplace.flS.17 It is offensive, though not unlawful, forsomeone sitting in the mosque to speak or to riseand perform the prayer while the imam is givingthe sermon (khutba)
(0: The more reliable positionis that prayer is unlawful during the sermon(N: for the person already sitting in the mosque, asopposed to someone who hasjust arrived, as nextdiscussed).)A latecomer who arrives (0: when the imamis speaking or seated on the pulpit) should praytwo brief rak'as to greet the mosque (0: if theprayer is being held in a mosque
If heldelsewhere, one should intend them as the tworak'as that are sunna before the Friday prayer,though if one has already prayed these at home,one should simply sit down without praying.It is offensive fora latecomer to simply omitthe two rak'as of greeting the mosque, though ifone enters the mosque at the end of the imam'ssermon and believes that praying them will preventone's participating in the opening AllahuAkbar with the group, then one should remainstanding until they rise and incorporate one'sgreeting the mosque into the obligatory prayer(dis: f10.lO)).

It is recommended to recite al-Kahf(Koran 18) and invoke Blessings on the Prophet(Allah bless him and give him peace) on the nightbefore Friday and during its day.

It is recommended to supplicate Allah much on Fridays, seeking the moment whenprayers are answered (0: in view of the hadith Iirelated by Bukhari and Muslm,""There is a moment on Friday when the slaveshall not ask Allah for anything save that He willgive it to him""),which lies between the time the imam first sits onthe pulpit and when the prayer finishes
(A:Others hold that the moment occurs after themidafternoon prayer Casr).)

*(N: Meaning 'Eid ai-Fitr at the end of Ramadan,and 'Eid ai-Adha on 10 Dhul Hijja.)

The prayer on the two 'Eids is a confirmedsunna (def: c4.1) and is recommended to beprayed in a group.Its time begins at sunrise, and it is recommendedto take place after the sun is a spear'slength (def: f13.2(1)) above the horizon (0: thetime for its current performance continuing) untilnoon.

It is best to perform it in the mosque ifthere is room, though if there is not, then it is betterto hold it outdoors.

RECOMMENDED MEASURES FOR THE'EID PRAYERIt is recommended not to eat anything on'Eid al-Adha until one performs the prayer,though one should eat an odd number of datesbefore the prayer on 'Eid al-Fitr.

It is recommended to perform thepurificatory bath (ghusI) after dawn, even if onedoes not attend the prayer, though it may be performedfrom midnight on
It is recommended towear perfume, dress one's best, for young boys tocome in their good clothes, and for women who donot attract men's attention to attend, though withoutwearing perfume or fine clothes
It is offensivefor an attractive woman to attend (dis: f12.4(N:)).It is sunna:(1) to come early after the dawn prayer(subh) on foot;(2) to return home by a different route (N:than one came);(3) for the imam to delay his arrival until thetime of the prayer;(4) and to call the people to prayer with thewords ""The prayer is gathering,"" as one also doesfor the eclipse prayer (def: f20) and the droughtprayer (f21).

DESCRIPTION OF THE 'EID PRAYERThe 'Eid prayer consists of two rak'as.(A: In addition to the opening AllahuAkbar,) one says ""Allahu akbar"" seven timesin the first rak'a after the Opening Supplication(Istiftah, def: f8.13) and before saying ""I takerefuge, etc."" (Ta'awwudh, fS.16); and five timesin the second rak'a, not counting the AllahuAkbar for rising from prostration, before sayingthe Ta'awwudh.One raises one's hands (fS.12) each time onesays"" Allahu akbar.""One invokes Allah Most High (N: to oneself)between each Al1ahu Akbar (0: saying ""Glory beto Allah, praise be to Allah, there is no god butAllah, Allah is greatest""), placing the right handupon the left (A: each time one says this invocation).Missing or adding repetitions of ""Allahuakbar"" does not necessitate a forgetfulness prostrationat the end of one's prayer
If one forgetsthem and proceeds directly to the Ta'awwudh,one does not return to them.

It is recommended to recite Qaf (Koran50) in the first rak'a and al-Qamar (Koran 54) inthe second
Or if one wishes, one may recite alA'la(Koran 87) in the first rak'a and al-Ghashiya(Koran 88) in the second
(A: Or one may reciteal-Kafirun (Koran 109) iiI the first rak'a and alIkhlas(Koran 112) in the second.)

After the two rak'as, the imam gives twosermons (khutba) like those of the Friday prayer(0: in integrals (def: f18.9), not conditions (n:which here exclude f18.10(c,d,e))).It is recommended to open the first sermonby saying"" Allahu akbar"" nine times and to openthe second by saying it seven times.It is permissible for the imam to sit during thesermons.

There are tWQ types of Allahu Akbars (A:said for the 'Eids), unrestricted and restricted.The unrestricted, meaning those not confinedto a particular circumstance but rather recited inmosques, homes, and the street, are sunna torecite from sunset on the night before each 'Eiduntil the imam commences the 'Eid prayer withthe opening Allahu Akbar.The restricted, meaning those recited afterprayers (0: whether the five prescribed prayers orthe nonobligatory), are sunna for 'Eid al-Adhaonly, from the noon prayer (zuhr) on 'Eid dayuntil the dawn prayer (subh) on the last of thethree days that follow it, which is the fourth day ofthe 'Eid
(N: The more reliable position is that thetime for them begins from dawn of the Day of'Arafa (n: 9 Dhul Hijja) and ends at the midafternoonprayer ('asr) on the last ofthe three days thatfollow 'Eid al-Adha.) They are recited (0: bymen, by women (who say them to themselves), byboth nontravellers and travellers, and whetherone is praying by oneself or in a group) after thecurrent prescribed prayers or making up prescribedprayers missed during the 'Eidor before,and after prayers performed to fulfill a vow,funeral prayers Qanaza), and supererogatoryprayers
If one misses a prayer during the 'Eid butdoes not make it up until after the 'Eid, then onedoes not recite ""Allahu akbar"" after it.One says, ""Allahu akbar, Allahu akbar,Allahu akbar"" (N: and then, ""there is no god butAllah
Allahu akbar, Allahu akbar, praise be toAllah"")
It is commendable to add, as people areaccustomed to, ""Allah is ever greatest, etc."" (0:namely: ""Much praise be to Allah
Glory to Himmorning and evening
There is no god but Allah.Him alone we worship, making our religion sincerelyHis though the unbelievers be averse .There is no god but Allah alone
He fulfilled Hispromise, gave victory to His slave, strengthenedHis army, and vanquished the Confederatesalone
There is no god but Allah
Allah is evergreatest"").

It is recommended to say ""Allahu akbar""on the first ten days of Dhul Hijja whenever onesees a head oflivestock (0: out ofreverence foritsCreator).*

(0: Eclipse refers to both that of the moonand sun.)

The eclipse prayer is a confirmed sunna(def: c4.1) (0: and missing it is not permissible,but rather is offensive).

(0: Like the drought prayer, it has no callto prayer (adhan) (n: besides that mentioned atf19.4(4)).)

It is recommended to be performed in agroup at the mosque.It is recommended for women without attractivefigures to attend (0: in their householdclothes, that is, women advanced in years and thelike
As for women who have attractive figures, itis desirable for them to perform it in their homes(dis: f12.4(N:))).

DESCRIPTION OF THE ECLIPSE PRAYERThe eclipse prayer consists of two rak'as.The minimum is:(a) to open with ""Allahu akbar"";(b) to recite the Fatiha;(c) to bow;(d) to straighten up;(e) to recite the Fatiha again;(f) to bow again;(g) to (0: straighten up and) remain motion ..less a moment;(h) and to prostrate, then sit up, and thenprostrate again.This is one rak'a, comprising standing twice,reciting (0: the Fatiha) twice, and bowing twice.One then prays the second rak'a like the first.It is not permissible to lengthen the amountof time one stands or bows merely because theeclipse has not yet passed, or to shorten therak'as to less (0: than the above way after havingintended it) because the eclipse has passed.

The optimal way is that after redting theOpening Supplication (Istiftah, def: fS.13), theTa'awwudh (f8.16), and the Fatiha, one:(a) recite aI .
Baqara (Koran 2) for the firstKoran recital;(b) recite Al 'Imran (Koran 3) after the secondtime one recites the Fatiha (A: in the firstrak'a);(A: then, in the second rak'a:)(c) recite al-Nisa (Koran 4) for the thirdredtal;(d) and recite al-Ma'ida (Koran 5) for thefourth recital.Or one may recite comparable amounts ofthe Koran in place of the above suras.One bows and says ""Subhana Rabbiya al-'Adhim""(""How far above any limitation is myLord Most Greaf') after the first of the fourKoran recitals for a period equal to reciting onehundrcd verses of al-Baqara (N: about 20minutes); after the second recital for the length ofeighty of its verses; after the third for the length ofseventy verses; and after the fourth for the lengthof fifty verses.The other parts of the eclipse prayer are thesame as other prayers.

After praying
it is recommended that theimam give two sermons like those of the Fridayprayer (0; in integrals (def: f18.9) and conditions(f18.10), except that here the semons follow theprayer, as opposed to those of the Friday prayer,which precede it).

One may no longer perform the eclipseprayer if one has not yet begun it when the eclipsepasses, when the sun sets while still eclipsed, orwhen the sun rises while the moon is still eclipsed.But if one has begun the prayer and the eclipsepasses or the sun sets while still in eclipse, onenevertheless completes the prayer.*

The drought prayer is a confirmed sunna(def: c4.1) (0; even for someone travelling, orpraying alone), and is recommended to be prayedin a group.

When the land is parched or the water supplyis cut off or diminished, the imam (A: i.e
thecaliph (def: 025) or his representative) warnspeople against wrongdoing and orders them torepent for their sins, give charity (0: because thisinfluences the acceptance of prayers), settle theirdifferences with enemies (0: if the enmity isnot for Allah's sake
Otherwise, it is notobjectionable, for severing ties with the corrupt issomething that one should do), and fast for threedays (0: which must be consecutive, for this isobligatory if the caliph orders it)
Then, on thefourth day while still fasting, they come out to anempty expanse (lit
""desert"") in their workclothes, accompanied by those of the women whodo not have attractive figures (dis: f12.4(N:)),livestock, men and women advanced in years,infants and small children, the pious, and thoserelated to the Messenger of Allah (Allah bless himand give him peace); and they ask Allah to givethem rain because of.those present(O: i.e
by virtueof their spiritual grace (baraka), intercedingthrough them)
Each mentions to himself thegood works he has done and intercedes throughthem.Non-Muslim subjects ofthe Islamic state whoattend are not hindered from doing so, but maynot mix with us.

DESCRIPTION OF THE DROUGHT PRAYERThe drought prayer consists of two rak'aslike those ofthe 'Eid (def: f19.5).The imam then gives two sermons like thoseof the 'Eid, except that in place of each AllahuAkbar (f19.7), the imam says, ""I ask forgivenessvf Allah Most Great
whom there is no god butHe, the Living, the Ever Subsistent, and I tum toHim in repentance.""During the sermons, the imam frequentlyasks Allah's forgiveness (istighfar), blesses theProphet (Allah bless him and give him peace),supplicates Allah
and recites the verses,""Ask forgiveness of your Lord-verily He isoft-forgiving-and He will loose the sky uponyou in torrents, aid you with wealth and sons,and make gardens and rivers yours"" (Koran71:10-12).In the second sermon (0: about a third of theway through it) the imam turns toward the directionof prayer (qibla) and switches his cloakaround (0: by putting the right side of it on his leftand vice versa
It is also sunna to tum it upsidedown
Both sunnas can be effected by putting thelower left comer on the right shoulder and lowerright comer on the left shoulder
The wisdomtherein is the favorable portent of a change ofstate)
The people do likewise.He should supplicate to his utmost
both tohimself and aloud
(0: Those present raise theirhands with the backs of the hands up
The sunnasupplication is: ""0 Allah, send us rain, rainingwholesomely, healthily
torrentially, widespread,pouringly, in sheets, drenchingly, continuously tillJudgement Day
0 Allah, give us rain and makeus not of those who despair
0 Allah, servants andcities are in distress, hunger, and want, fromwhich we can ask none but You for relief
0Allah, make the crops grow and the milk of thelivestock flow, and send down the sky's blessingsupon us and bring forth for us the blessings of theearth
Raise from us the affliction that none butYou can lift
"")If they pray but are not given any rain, theyrepeat the prayer (0: until given rain)
If they prepare(0: and gather), but are given rain before theprayer, they pray in thanks and ask for more.

It is recommended for those whose land isflourishing to supplicate after prayers for thosewhose land is parehed
(0: This being the middlecourse
The minimum is to make a supplieation,while the optimum is to take the above measuresof performing two rak'as with the two sermons,the supplications, and asking for forgiveness.)

At the first rainfall of the year, it is recommendedto uncover part of the body for the rain tostrike.

It is recommended to glorify Allah whenthunder is heard (0: saying, ""Glory to Him thethunder and the angels glorify, in awe of Him,"")and when lightning is seen (0: saying, ""Glory toHim who shows you the lightning that you mayhave fear and hope"").

If it rains so much that harm is feared, it isrecommended to supplicate as has come in thesunna: ""0 Allah, around us, not upon us
0Allah, upon the hills and bluffs, the valley floorsand copses of trees
""*

It is recommended for everyone to frequentlyremember death, particularly if one is ill,and to prepare for it by repenting (def: p77) (0:because of the hadith,""Remember often the Ender of Pleasures,""meaning death, a hadith related by Tirmidhi, IbnHibban, and Hakim, the latter two classifying it asrigorously authenticated (sahih)
Nasa'i's versionhas the addition,""for truly, it is not remembered in a plentitudesave it diminishes it, and not remembered in adearth save it increases it,""""plentitude"" meaning of wives and this-worldlygoods, and ""dearth"" meaning of spiritual works).

It is recommended to visit the ill, even ifthe malady is only sore eyes, whether the person isa friend or enemy.If the sick person is a non-Muslim subject ofthe Islamic state (dhimmi, def: 011) then if he is arela.tive or neighbor, visiting him is recommended.If not, visiting him is merely permissible.

It is offensive to sit lengthily with a sickperson
It is recommended not to continuouslyvisit (0: but only from time to time) unless one isa relative or similar person (0: of his friends)whom the sick person is fond of, or someone (0:of the righteous) from whose presence othersderive spiritual blessing (baraka), for any ofwhom visiting the sick person is recommended atany time as long as there is no objection (0: by thesick person to long visits).

If the visitor has hopes thatthe patient willsurvive, he supplicates for him (0: saying, ""0Allah, Lord of Men, remove the harm and healforYou are the Healer besides whom there is noother-with a cure that will not leave behind painor sickness,"") and then leaves
But if the visitorsees little hope of a recovery, he should encouragethe sick person to repent and to make his bequests(def: Ll-3) (0: by telIing him, e.g
""You shouldrepent of all your sins so that Allah Most Highheals you, for repentance is reason for cures
Andyou should make some provision for bequests, asit prolongs one's life
A person should makebequests while alive and only die after havingdone so, for there is no one who does notpass on"").

INSTRUCTING THE DYING PERSONIf the visitor sees the person is dying, heshould make him desirous of Allah's mercy (0:since hope should predominate over fear in thisstate) and should turn him to face the direction ofprayer (qibla) by laying him on his right side, or ifimpossible, on his left
If this too is impossible, heis laid on hi!> hack (0: with his face and feettowards the direction of prayer (qibla) by proppingup his head a little, feet meaning the bottomsof them).The visitor should then instruct the dying per·son to say ""There is no god but Allah,"" letting himhear it (N: so he can repeat it) but without irritat·ing insistence, and without telling him ""Say ...
""When he says it, then he is let be until he himselfspeaks of something else.It is recommended that the person instructinghim to say it be neither his heir nor enemy.

IMMEDIATE MEASURES AFTER DEATHWhen he dies, it is recommended that thekindliest to him of his unmarriageable kin(mahram) close his eyes
It is recommended:(l) to close his jaws (0: with a wide bandagetied above his head so his mouth is not left open);(2) to make his joints flexible (0: by bendingthe forearm to the upper arm, calf to thigh, thighto stomach, and then straightening them, and tosimilarly flex the fingers in order to faeilitatewashing and shrouding bim.1f the joints are flexedat this point, they remain flexible, but if not, itbecomes impossible afterwards):(3) to (0: gently) remove his clothes, and tocover him with a light cloth (0: tucking the edgeunder his head and feet so they do not beeomeuncovered);(4) and to place something heavy on hisstomach (0: to prevent bloating).

It is recommended to hasten in paying offthe debts of the deceased (dis: L4.2-3) or havingthem waived (n: by creditors)
It is recommendedto hurry in implementing his bequests, and inreadying him for burial (0: haste being recom·mended (N: in readying him and burying him)when it is unlikely that the body will rapidlychange, but obligatory when this is likely).

When someone dies suddenly (0: or isbelieved to have died), the body is left until it iscertain he is dead (0: by a change in odor or thelike).

Washing the dead person, shrouding him,praying over him, carrying him, and burying himare communal obligations (def: c3.2).*

Then the body is washed (0: obligatorily).

WHO SHOULD WASH THE BODYWhen the deceased is male, the best suitedto wash the body (A: anyone may wash it, but it isnot permissible (N: being offensive) for a nonMuslimto wash the body of a Muslim, and nonMuslimrelatives are as though nonexistent in thefollowing priority list) is:(I) the father of the deceased;(2) the father's father;(3) the son;(4) the son's son;(5) the brother;(6) the father's brother;(7) the son of the father's brother;(8) those named in the sequence given atL10.6(12-14);(9) men related to the deceased;(10) men not related to him;(11) his wife;(12) and his unmarriageable female relatives(mahram, def: m6.1).

If the deceased is female, the best suited towash the body is:(1) one of her female relatives (0: meaningthe women of her immediate family, such as herdaughter or mother);(2) other women;(3) her husband;(4) and then a member of her unmarriageablemale relatives (mahram,def: m6.2) (0: in theabove (g2.2) order).

If the deceased is a non-Muslim, then his non-Muslim relatives are better suited to washhim.

It is recommended that the washer betrustworthy (0: so that he can be relied on to washthe deceased completely and so forth
If he noticessomething good, it is sunna to mention it, but if henotices something bad, it is unlawful to mention it,as this is slander (ghiba, def: r2.2)).

HOW TO WASH THE BODYIt is obligatory for the washer to keep thenakedness (def: fS.3) of the deceased clothed(fSA) while washing him.It is sunna that no one be present except thewasher and his assistant
(0: It is preferable thatthe body be washed while clothed in an anklelengthshirt into which the washer inserts his handfrom the sleeve if ample enough, while pouringwater over the garment and washing the bodyunder it
If the sleeve is not wide enough for this,he tears open the seam from the side under thearm
It is obligatory that the body be covered fromnavel to knees.) Incense should be burned fromthe start of washing to the finish (0: as is sunna).It is best to wash the body under a roof, andbest that cold water be used, except when necessary(0: to heat it, such as to clean away filth thatcould not otherwise be removed, or when theweather is cold, since the deceased suffers from itjust as a living person would).

It is unlawful to look at the nakedness ofthe deceased (def: f5.3) or touch it, except with acloth (0: or similar, since direct contact withoutthere being something in between is not permissible).It is recommended not to look at or directlytouch the other parts of the body save with a cloth.

It is recommended:(1) to force out waste from the stomach;(2) to clean the private parts of filth (0:which is recommended when one is not certainanything has exited from those parts, though if ithas, cleaning is obligatory);(3) to give the body ablution (wudu) (0: likethe ablution of a living person, turning the headwhen rinsing the mouth and nostrils so that nowater reaches the stomach);(4) to make the intention of performing thepurificatory bath (ghusl), and then to wash thehead, beard, and body each three times with waterinfused (with sidr (n: i.e
lote tree (Rhamus spinachristi) leaves), taking care each time to press thehand on the stomach (N: in a downward stroke)(0: leaning on it to force its contents out, butgently so as not to hurt the deceased
If the hair ofthe head or beard is matted, it should be gentlycombed with a wide-toothed comb so as not to pullany out
If hair comes out as a result, the washershould return it and place it in the shroud to beburied with the deceased).

(0: It is sunna:(1) that the place of washing be on an inclineso the head is highest and the water flows downaway from it;(2) that there be an incense burner presentwith incense in it;(3) to put one's right hand on the shoulder ofthe deceased with the thumb on the nape of hisneck so that the head does not loll, and brace hisback up against one's right knee;(4) to have the helper pour abundant waterduring the process to obviate offensive odors fromwaste leaving the body;(5) to stroke the stomach firmly and effectivelywith one's left hand;(6) and when finished, to lay the deceaseddown again on his back with his feet towards thedirection of prayer (qibla).)

If the body is not clean after three times,one washes it again, reaching an odd number ofwashings
(0: If clean after an even number ofwashings, it is sunna to add another
If clean afteran odd number, one does not add any.)It is sunna to add a little camphor to thewater, especially for the last washing.The obligatory minimum for this purificatorybath (ghusl) is that water reach all external partsof the body (0: and it is obligatory to remOVe anyfilth (najasa, def: e14.1), if present).The body should be dried with a doth afterwards.If anything leaves the body after washing,only the affected area need be washed
(0: It isnot necessary to repeat the ablution (wudu) orbath (ghusl), even if the excretion is from the frontor rear private parts.)

Then the body is shrouded (0: obligatorily).

If the deceased is male it is recommendedthat he be wrapped in three washed (0: not new)white shrouds, without an ankle-length shirt orturban, each shroud covering the whole body (0:unless the deceased was in a state of pilgrim sanctity(ihram), in which case the head of the male orface of the female must be left uncovered)
It ispermissible to add (0: beneath the shrouds) anankle-length shirt and a turban
It is unlawful touse silk (N: to shroud a man).If the deceased is a woman it is recommendedthat she be dressed in a wraparound, headcover,and a shift, and that she be wrapped in twoshtouds (0: like those used for men in being whiteand washed), each of which covers her (0: entirebody)
It is offensive for a woman's shroud to bemade of silk, or fabric dyed with saffron orsafflower.The obligatory minimum for shrouding a manor woman is to completely cover their nakedness.(0: For a man it is obligatory to cover the navel,the knees, and what lies between them, and for awoman, her entire body.)

It is recommended:(1) to scent the shrouds with incense (0:from aloes and the like);(2) to sprinkle them with hunut (0: anaromatic compound of camphor, reed perfume,and red and white sandalwood) and camphor;(3) to place cotton and hunut on the aperturesofthebody (0: such as the eyes, mouth, nostrils,and ears) and on places that touch the groundin prostration (0: the forehead, nose, palms, bottomsof the feet, and the knees);(4) and it is commendable to perfume theentire body.

If a person dies while in a state of pilgrimsanctity (ihram, def: j3), it is unlawful to scent thebody, to dress it in a garment with any sewing in it(A: if male), and to cover the head of a male'sbody or the face of a female's.

It is not recommended to prepare a shroudfor oneself, unless to ensure that it comes from alawful source or from the effects of a virtuous person(0: meaning those who worship much, orreligious scholars who apply their knowledge intheir lives
In such a case, one may procure it forthe blessing therein (tabarruk, dis: w31)).*

Then the deceased is prayed over (0:obligatorily).The obligation is fulfilled if a single Muslimmale (0: who has reached the age of discrimination)prays over the deceased
It is not fulfilled bya prayer of women alone when there is a maleavailable, though if there is no one besideswomen, they are obliged to pray and their prayerfulfills the obligation.

It is recommended to perform the funeralprayer in a group
It is offensive to pray it at acemetery (0: though not in a mosque, which ispreferable) .

WHO SHOULD LEAD THE FUNERAL PRAYERThe person best suited to lead the funeralprayer as imam is the one who is best suited towash the deceased (dis: g2.2) except for women,who have no right to lead (dis: f12.27)
The familymember responsible for the deceased is givenpreference in leading the prayer even over the sultim(0: or imam of the mosque).The older of two persons (0: meaning moreyears in Islam, provided he is upright (def: O24.4))takes precedence over the more learned in SacredLaw (0: when they are at the same level (n: of theg2.2 precedence order), such as two sons or twobrothers, since the purpose is to pray for thedeceased, and the supplication of an older personis more likely to be answered) and (n: the older) isgiven precedence over any others (A: at thatlevel), though ifthey are ofthe same age,then oneis chosen according to the order used for theimamate of other prayers (def: f12.25).The responsible family member is given precedencein leading the funeral prayer even whenthe deceased has stipulated some other nonfamilymember to be the imam.

PLACING THE BODY FOR THEFUNERAL PRAYERIt is recommended (N:in the funeralprayer itself, where the deceased, enshrouded, ison a bier in front of the imam and lying on his rightside facing the direction of prayer (qibla)) that theimam stand by the head of the deceased, if male,and by the posterior, if female (0: because thisbetter screens her from view).

If there are several bodies, it is best to performa separate funeral prayer for each individual,though it is permissible to pray for all of them in asingle prayer by putting the biers directly in frontof the imam (0: one after another (N: parallelwith the rows of worshippers), each body facingthe direction of prayer (qibla))
The closest bodyto the imam (0: if the dead differ in gender)should be an adult male, then a boy, then a woman(0: though if all are male, all female, or all boys),then the best Muslim, then the next best (0: inpiety, abstinence from this world, godfearingness,and all praiseworthy traits), and so forth.If bodies are brought successively, the firstone brought is placed closest to the imam, even ifa prior arrival is less virtuous or is a boy, thoughnot if a female, whose body should be placedfurther from the imam than that of a male broughtsubsequently.

DESCRIPTION OF THE FUNERAL PRAYERThen one intends to perfonn the prayer.One must keep in mind its obligatory character,though need not explicitly intend it as a communalobligation (def: c3.2)
(0: One may confine oneselfto merely intending to pray four AllahuAkbars over the particular deceased person as anobligatory act, without intending its being in fulfillmentof a communal obligation
The intentionmust coincide with one's opening Allahu Akbar
)It is valid for someone to perform a funeralprayecfor a dead person who is absent (dis: g4.18)while following an imam who is praying over adead person who is present.

One says ""Allahu akbar"" four times in thefuneral prayer, raising one's hands (0: to shoulderlevel) at each one, and it is recommended betweeneach one to fold the right hand over the left.The funeral prayer is not invalidated by adding afifth Allahu Akbar, even intentionally, though ifthe imam adds one the follower does not dolikewise, but simply waits to finish with him whenhe says his Salams.

After the first Allahu Akbar it is obligatoryto recite the Fatiha
It is recommended to say""I take refuge, etc."" (Ta'awwudh, def: f8.16)before it and ""Ameen"" after it, though not torecite the Opening Supplication (Istiftah, f8.13)or a sura therein.(A: It is obligatory that the Fatiha be recitedin the funeral prayer and that the other spokenelements be uttered, but as for each occurringafter its respective Allahu Akbar, the only onewhich must obligatorily be in its place is the Blessingson the Prophet (Allah bless him and give himpeace), which must come after the second AllahuAkbar.)

After the second Allahu Akbar (N: andone remains standing throughout the funeralprayer), it is obligatory to say the Blessings on theProphet (Allah bless him and give him peace),after which it is sunna to supplicate for the believers.(0: It is also sunna to bless the folk of theProphet after the blessings upon him (Allah blesshim and give him peace) and to say ""al-Hamdulillah"" before it.)

After the third Allahu Akbar one supplicatesfor the deceased
The recommended supplicationis: ""0 Allah, this is Your slave, and son ofYour slave
He has left the zephyr of this worldand its spaciousness, in which were the things andpeople he loved, for the darkness of the grave andthat whIch he will meet
He testified that there isno god but You alone without a partner, and thatMuhammad is Your slave and messenger
Youknow him better than we
0 Allah, he has gone toremain with You, and You are the best to remainwith
He is now in need of Your mercy, and Youhave no need to torment him
We come to You indesire for You, interceding for him
0 Allah, ifhedid well, treat him the better, and if he did wrong,disregard it and through Your mercy show himYour good pleasure and protect him from the trialand torment of the grave
Make his grave spaciousfor him and distance the earth from his sides, andthrough Your mercy protect him from Your tormentuntil You raise him and send him safely toYour paradise, 0 Most Merciful of the Merciful
""(n: This is the optimal supplication
The minimumis mentioned below at g4.13(f).)

It is commendable to say before theabove: ""0 Allah, forgive those of us who are aliveand those who are dead, those present and thoseabsent, those who are young and those who areold, those who are male and those who are female.o Allah, let those of us You give life live by Islam,and let those of us You take back die in a state offaith
""If it is the funeral of a child, one may add tothis: ""0 Allah, send him ahead to smoothe theway for his parents, and make him a reason forreward, a treasure, admonition, reflection, andintercessor
Make the scales of their good deedsheavy through him, and fill their hearts with patience.

""After the fourth Allahu Akbar, it is sunnato say, ""0 Allah, do not withhold from us hisrecompense, nor try us after him, but forgive usand him.""Then one says ""as-Salamu 'alaykum"" twrce(0: the first one being obligatory and the secondsunna).

The integrals of the funeral prayer areseven:(a) the intention;(b) standing;(e) saying ""Allahu akbar"" four times;(d) the Fatiha;(e) the Blessings on the Prophet (Allah blesshim and give him peace);(f) the supplication for the deceased, theminimum being ""0 Allah, forgive this deceased"";(g) and the first of the two times one says""as-Salamu 'alaykum"" to finish the prayer.

The conditions of the funeral prayer arethe same as other prayers (def: f9 .13), but in additionrequire:(a) that the deceased's body has beenwashed before the prayer;(b) and that the imam and those praying donot stand ahead of the body during the prayer (N:i.e
closer to the direction of prayer (qibla)).It is offensive to perform the funeral prayerover a body before it has been shrouded.If someone dies under a pile of rubble, and itis impossible to take out the body and wash it(non-(a) above), then he is not prayed over.

A latecomer to the funeral prayer whomthe imam has preceded by having already said""Allahu akbar"" a number of times recites (0: theFatiha) after his own opening Allahu Akbar
andthen says ""Allahu akbar"" each time the imamdoes, though he performs the integrals in orderfrom the point at which he began (0: reciting theFatiha ·after his first Allahu Akbar, the Blessingson the Prophet (Allah bless him and give him'peace) after the second, and the supplication forthe deceased after his third), and when the imamfinishes with Salams, the latecomer goes on tocomplete his remaining number of times of saying""Allahu akbar"" and the other spoken elements,and then finishes with his own Salams.It is recommended that the body not be lifteduntil the latecomer finishes his prayer.If the latecomer joins the group with hisopening Allahu Akbar, and the imamimmediately says the (0: second) Allahu Akbar(N: before the latecomer has had a chance torecite the Fatiha), then the latecomer (N: omitsthe Fatiha and) says ""Allahu akbar"" with theimam
Here, the latecomer has' performed thefirst two Allahu Akbars (0: both the second onewhich he performed with them, and the first onewhich lacked the Fatiha), and he is no longerobliged to recite the Fatiha
If the imam's AllahuAkbar occurs while such a latecomer is recitingthe Fatiha, he discontinues it and says ""Allahuakbar"" with the imam.If the imam says"" Allahu akbar"" and the followerdoes not say it until the imam has said it asecond time, it invalidates the follower's prayer.

REPEATING THE FUNERAL PRAYERWhen one has performed a funeral prayerover someone, it is recommended that one notrepeat it.

Someone who has missed praying (0: afuneral prayer until after the deceased has beenburied) may pray it at the grave (0: and such aprayer is legally valid whether the deceased wasburied before the funeral prayer had been performedover him, or whether after, though it isunlawful to bury a Muslim before his funeralprayer, and anyone who knows of it is guilty of asin), but only on condition that the person prayingat the grave had reached puberty and was sane onthe day the deceased died (0: as he was thus oneof those responsible for the communal obligationof praying over the deceased)
Otherwise, he maynot pray there.

PRAYING OVER THE DEAD WHOARE NOT PRESENTIt is permissible to perform the funeralprayer for an absent person whose body is out oftown, even if not far (0: and even if the body is notin the direction of prayer (qibla) which the personpraying faces (non-(g4.14(b)))
But such a prayerdoes not lift the communal obligation from thepeople ofthe town where the deceased died).It is not permissible to perform the funeralprayer over someone who is absent (0: from theplace of prayer) when the body is in the same town(A: though this is permissible if it is at the edge ofa large city and is a problem to reach).

If part of the body of a person whose deathhas been verified is found, then it is obligatory towash, shroud, and pray over it (0: even ifthe partis a fingernail or hair, as there is no difference betweena little and a lot (A: provided that the partwas separated from him after death (N: and providedthe rest of him has not been prayed over, forif it has, then it is not obligatory to pray over thepart))).

BURYING MARTYRSIt is unlawful to wash the body of a martyr(0: even if in a state of major ritual impurityGanaba) or the like) or perform the funeral prayerover him
A martyr (shahid) means someone whodied in battle with non-Muslims (0: from fightingthem, as opposed to someone who died otherwise,such as a person killed out of oppression when notin battle, or who died from fighting nonpolytheists, such as (N: Muslim) transgressors).It is recommended that war gear be removedfrom the body (0: such as a breastplate and thelike), and it is best to bury the martyr in the rest ofhis bloodstained clothes (0: since it is the effect ofworship), though the responsible family membermay nevertheless remove the garments andshroud the body before burial.

BURYING THE STILLBORNA premature baby (A: meaning one bornbefore six full months) that dies is treated as anadult if it gave a cry (0: sneeze, or cough when itleft the mother) or showed movement (0: treatedas an adult meaning it is obligatory to wash,shroud, pray over, and bury the baby, since its lifeand death have been verified)
If it did not, then:(1) if it had reached four months in the womb(0: which is the time at which the spirit is breathedinto it) then it is washed before burial but notprayed over;(2) but if it had not, it is only obligatory tobury it.

CARRYING THE DECEASED TO THE GRAVEThe burial should take place immediatelyafter the funeral prayer and not be delayed to waitfor anyone besides the responsible familymember, provided he is (0: reasonably) nearby, ifit is not to be feared that the condition of the bodywill change (0: though if this is feared, then thefamily member is not awaited).

It is best that the bier be carried by itspoles, sometimes by four (O: men) (N: one poleon the shoulder of each, the poles being parallelwith the bier and supporting it, two ends forwardand two ends aft) and sometimes by five, the fifthman between the two forward poles
It is recommendedthat the bearers walk faster than usual,though they should not trot.

It is recommended for men to follow thebier to the place of burial close enough behind tobe considered part of the funeral procession
It isoffensive to follow it with fire or incense burners,which are likewise offensive at the burial.*

Then the deceased is buried (0: obligatorily).It is best to bury him in the cemetery .It is unlawful to bury someone where anotherperson has been buried unless the previous body iscompleted disintegrated (0: such that nothing ofit remains, neither flesh nor bone).It is also unlawful to bury two people in thesame grave unless absolutely necessary, as whenthere has been much killing or death, in whichcase a wall of earth is made between the twobodies as a barrier
If the bodies differ in gender,this is even more imperative, especially when twopeople (0: of the same gender or not) are notrelated.If someone dies ona ship and it is impossibleto bury him on land, the body is placed (0: tightlylashed) between two planks (0: to obviate bloating)and thrown into the sea (0: so that it reachesshore, even if the inhabitants are non-Muslims,since a Muslim might find the body and bury it facingthe direction of prayer (qibla)).

DIGGING THE GRAVEThe obligatory minimum for a grave isthat it conceal the odor of the body and that it protectit from (0: being dug up and eaten by) animals.It is recommended to dig the grave wider thanthe obligatory minimum and that its depth equalthe height of an average man with his arm fullyextended upward.A lahd (0: i,e, a grave with a lateral hollowlarge enough for the body dug into the side of thebottom of the grave that is towards the direction ofprayer (qibla)) is superior to ashaqq (0: meaninga simple trench dug down into the middle of thefloor of the grave with low block walls raised alongthe trench's sides, in which the deceased is placedbefore the walls are ceilinged with blocks (N: andthe earth is shovelled back into the grave on top ofthem)), unless the earth is soft, in which casethe shaqq is preferable (0: so as not to cave in onthe deceased).It is offensive to bury the deceased in a coffin(0: or to put in a pillow for him, because all of thiswastes money without being of any benefit) unlessthe earth is soft (0: quick to fall) or moist (0: inwhich cases it is not offensive
If otherwise, theneven if a coffin was stipulated by the deceased inhis will, it is not provided),

BURYING THE BODYMen should bury the dead, even if thedeceased is female, in which case the best suited isthe husband, if able, and then (n: for either sex)those listed in the funeral prayer preference order(g4.3) , except that (A: when two are on the samelevel, such as two sons Or brothers) the mostlearned in Sacred Law is preferred to the oldest,unlike the order for the prayer (0: the purposethereof being knowledge of the rules of burial,which a learned person is likely to know betterthan others).It is recommended that the number of men(0: burying the deceased) be an odd number.

It is preferable to conceal it (0: the grave)with a cloth while placing the body in it (N: a blanketis stretched over the grave about half a meterabove the level of the ground, helpers holdingeach corner, while another person stands down inthe grave at the foot end, ready to take the bodyfrom the bier)
(0; This is especially necessarywhen burying a female, and is done because somethingmight be disclosed of the deceased that isdesirable to conceal.)The head of the deceased is placed near thefoot of the grave (0: foot meaning the end whichwill accomodate the feet when the body is inplace), and the body is slid from the bier headfirst.It is recommended for the person burying thedeceased (N: who is standing in the grave takingthe body, and there may be more than one):(I) to say (0; to the deceased), ""'In the nameof Allah and according the religion of the Messengerof Allah (Allah bless him and give himpeace)"";(2) to supplicate Allah for (0: the forgivenessof) the deceased;(3) to place a block as a pillow for him, andto pull back the shroud enough to lay his cheekdirectly on the surface of the block (0: as it ismore expressive of lowliness);(4) and to place the deceased upon hisright side.It is obligatory that the body be placed facingthe direction of prayer (qibla) (0: and this is absolutelynecessary
If buried facing the other way, orlying on his back, he is disinterred and reburiedfacing the direction of prayer).

The lateral hollow dug into the side of thegrave (N: in the lahd (def: g5.2)) for the body iswalled up with blocks (A: after the body has beenplaced in it, before filling in the grave
It is sunnato use nine blocks).

The person at the graveside sprinklesthree scoops of earth (0: using two hands) into thegrave
(0: it is sunna to say with the first, ""Of itWe created you all,"" with the second, ""To it Weshall make you all return,"" and with the third,""And from it We shall bring you forth again""(Koran 20:55).)Then the grave is filled in, using shovels, afterwhich one stays for a moment:(1) to instruct the deceased (dis: w32) (N:the answers he will need to know when Munkarand Nakir (u3.3) question him in the grave as tohis Lord, religion, and prophet);(2) to supplicate for him (0: such as to say:""0 Allah, make him steadfast
0 Allah, teach himhis plea"");(3) and to ask forgiveness for him.

THE FINISHED GRAVEOne should raise the grave's surface (0:up to) 1 span (n: about 23 em.) above theground (0: so that it can be known, visited, andrespected), except in countries at war with theMuslims (0: where it is not raised but rather concealed,so as not to be meddledwith), and to makeits top flat is better (0: than mounding it)
Noearth should be added (0: when levelling it) towhat was excavated from it
It is recommended tosprinkle water over the grave and to put pebbleson it.It is offensive:(1) to whiten the grave with plaster.(2) to build (0: a cupola or house) over it;(3) to put khaluq (0: a perfume) on thegrave (0: as it is of no benefit and wastes money)or rose water;(4) to plaee an inseription on it (0: whetherit is the name of the deceased or something other,on a board at the head of the grave or on somethingelse; unless the deceased is a friend of Allah(wali, def: w33) or religious scholar, in which casehis name is written so that he may be visited andhonored, it then not being offensive);(5) or to put a pillow or mattress under thedeceased.

VISITING GRAVESIt is recommended for men to visit graves(dis: w34) (0: of Muslims, especially on Fridays.As for visiting graves of non-Muslims, it is merelypermissible
The spirit of the dead person has aconnection with his grave that is never severed,but is stronger from the midafternoon prayer('asr) on Thursday until sunrise on Saturday,which is why people often visit graves on Fridayand on Thursday afternoon).There is no harm in wearing one's shoes whenvisiting (0: to walk between graves)
The visitorwalks up to the grave as close as he would if thedeceased were alive, and says, ""Peace be untoyou, abode of a believing folk; Allah willing, wewill be joining you.""It is sunna to recite (0: as much of the Koranas is easy) and to supplicate Allah (0: to forgivethe deceased, while facing the direction of prayer,as supplications benefit the dead and are morelikely to be answered if made after reciting theKoran)
(n: w35 discusses whether the spiritualreward for reciting the Koran may be donated tothe deceased.)

It is offensive for women to visit graves(0: because of their lack of fortitude and exces-sive grief, though this does not apply to visiting theProphet's tomb (Allah bless him and give himpeace) which they should do
And like theProphet (Allah bless him and give him peace) inthis is their visiting the graves of the prophets,righteous, and learned).*

It is recommended to console all the relativesof the deceased, except young women whoare not (0: the consoler's) unmarriageable kin(0: since only her unmarriageable relatives(mahram, def: m6.2) may console her, consolemeaning to enjoin steadfastness and encourage itby mentioning the reward in the hereafter, towarn against overburdening oneself with grief,and to pray for forgiveness for the deceased andthc lightening of the burden of those bearing themisfortune) when there has been a death in thefamily, for approximately three days after theburial.It is offensive to sit for it (0: that is, for theextended family of the deceased to be seated andgather in one place for people to comc and consolethem, because it is an innovation (muhdath, syn.bid'a, def
w29.3) that the Prophet (Allah blesshim and give him peace) did not do, nor thoseafter him
It is offensive for either men orwomen).If one is absent (0: whether one is the consoleror person to be consoled) and then arrivesafter a period (0: of three days), one should console(N: the deceased's relatives) or be consoled(N: if one ofthem).

It is recommended to say:(1) to a Muslim who has lost a Muslim relative,""May Allah greaten your reward, perfectyour consolation, and forgive your deceased"";(2) to a Muslim who has lost a non-Muslimrelative, ""May Allah greaten your reward andperfect your consolation"";(3) and to a non-Muslim who has lost a Muslimrelative, ""May Allah perfect your consolationand forgive your deceased.""

It is permissible to weep before someonedies, but better not to afterwards (0: since theProphet (Allah bless him and give him peace)wept for his son Ibrahim before his death
It isonly considered better not to weep afterwardsbecause it is sorrow for something that has alreadypas,sed).

It is unlawful to eulogize the dead, lamentin a raised voice, slap one's cheeks (n: as a displayof grief), rend one's garments, or dishevel one'shair.

It is recommended for distant relativesand neighbors to prepare enough food for thedeceased's close family relatives to suffice themfor a day and night, and to urge them to eat.

For the deceased's family to prepare foodand gather people over it is an unpraiseworthyinnovation (bid'a, def: w29.3).*

«Muhammad Shirbini Khatib:) Lexically,zakat means growth, blessings, an increase ingood, purification, or praise
In Sacred Law it isthe name for a particular amount of property thatmust be payed to certain kinds of recipients underthe conditions mentioned below
It is called zakatbecause one's wealth grows through the blessingsof giving it and the prayers of those who receive it,and because it purifies its giver of sin and extollshim by testifying to the genuineness of his faith(al-Iqna' fi hall alfaz Abi Shuja' (y7) , 1.183).)

Zakat is obligatory:(a) for every free Muslim (0: male, female,adult, or child);(b) who has possessed a zakat-payableamount (Ar
nisab, the minimum that necessitateszakat, def: for livestock h2.4-S; for grain anddried foodstuffs h3.4; for gold, silver, and othermoney h4.2; and for trade goods hS.I);(c) for one lunar year.

Non-Muslims are not obliged to payzakat, nor apostates from Islam (murtadd, def:08) unless they return to Islam, in which case theymust pay for the time they spent out of Islam,though if they die as non-Muslims their property isnot subject to zakat (N: because their property isconsidered to belong to the Muslim common fund(bayt ai-mal) from the moment such people leaveIslam).

The guardian of a child or insane person isobliged to pay zakat from their property (N: ifthey owe any)
It is a sin for the guardian not topay the zakat due on their property, and when thechild or insane person becomes legally responsible(0: upon reaching puberty or becoming sane), heis obliged to pay the amount that his guardian neglectedto pay (0: ofzakat in the past).

Zakat is due from the owner of propertythat has been:(1) wrongfully seized from him;(2) stolen;(3) lost;(4) fallen into the sea;(5) or loaned to someone who is tardy inrepayment;-only if the owner regains possession of it,whereupon he must pay zakat on it for the wholetime it was out of his hands (0: for the year oryears that no zakat was paid on the absent property,since his having regained it establishes that itbelonged to him the whole time, and his ownershipof it is not vitiated by the mere fact of its nothaving been in his possession during these years,provided that it has remained a zakat-payableamount (nisab) during them
If it has diminishedthrough expenditure to less than the zakatpayableamount, then no zakat need be paid onit), If the owner cannot regain the property, thereis no zakat on it.

If a landlord rents someone a house fortwo years for 40 dinars, which he accepts inadvance and retains possession of until the end ofthe two years, then at the end of the first of the twoyears he only pays zakat on 20 dinars, but at theend ofthe second year he pays one year's zakat onthe 20 which he paid zakat on at the end ofthe firstyear (N: as the 20 has now been in his possessiona second year) and pays two years' zakat on the 20for which he did not previously pay zakat (N: as ithas remained in his possession for two full years).

Someone with only the zakat-payableamount (0: of gold or silver) must pay zakat onthis amount even when he is in debt for an amountequal to it, for debts do not remove the obligationofzakat.

Zakat is not due on anything besides:(1) livestock (def: h2.1);(2) (n: some) food crops (h3.2);(3) gold and silver (A: or their monetaryequivalents);(4) trade goods;(5) mined wealth (n: meaning gold or silverexclusively, as at h6.1 );(6) and wealth from treasure troves (A:buried in pre-Islamic times).

Zakat is paid from the property itself,though it is permissible to take it from another lotof property (N: on condition that the amountpaid is from the Same type of property (n: of thefive types mentioned above) that the zakat is dueon, such that one may not, for example, paymoney for zakat due on wheat (n: but must paywheat
An exception to this is trade goods, whichare appraised, and zakat may be paid on themwith money, as at h5.1(0:) below)).

THE ZAKA T YEARBy the mere fact that a full lunar yeartranspires (0: i.e
begins and ends while zakatpayableproperty is in the owner's possession), thepoor now own the portion of it that the owner isobliged to pay aszakat
Thus, if someone has had200 dirhams (n: the minimal zakat-payableamount of silver) in his possession for years withoutpaying zakat, he is only obliged to pay zakaton it for the first year (0: because after that year,the amount owned by the poor (n: 5 dirhams) hasdiminished the money he possesses to less than thezakat-payable amount).

If all one's property were destroyed afterhaving been in one's possession a full year butbefore it was possible to pay zakat (0: to deservingrecipients), then there is no obligation to payzakat on it (0: because it was destroyed throughno fault of the owner); but if only part of the propertyhas been destroyed, such that this diminishesthe rest to less than the zakat-payable amount,then one must take the percentage due on theoriginal amount (n:
2.5 percent, for example)from the remaining property, and no zakat is paidon the amount destroyed.If all or part of one's property is destroyedafter having been in one's possession a full yearand after it was possible to have paid zakat on it(0: by there being both property and recipients),then one must pay the zakat due on both theremainder and the property destroyed.

Zakat is not obligatory if a person's ownershipof the property ceases during the year, evenif only for a moment, and it then returns to his possession;or if it does not return; or if the persondies during the year.

The zakat year begins on property purchasedor inherited when the buyer or inheritortakes possession of it, though if a person relinquisheshis ownership of property during the zakatyear merely to avoid paying zakat on it, this isoffensive (0: as the learned differ about its unlawfulness).The more reliable opinion is that it isunlawful, though the transaction would be legallyvalid (dis: c5.2)
But if such a person sells theproperty after possessing it a full year and beforepaying zakat on it (0: as when he sells it all, orsells part and the rest is not enough to requirezakat), then the sale of the proportion of the propertythat was owed as zakat is invalid (0: becauseit belonged to someone else (n: i.e
the recipients,as at h1.9), and it is not valid to sell another'sproperty without his consent), although the sale ofthe proportion of the property that was not owedas zakat is valid.*

Zakat on livestock is restricted to camels,cattle, sheep, and goats.

Zakat is obligatory when one has owned:(a) a zakat-payable number of livestock;(b) for one year;(c) and has been grazing them (n: onunowned open range, as discussed below) for theentire year.There is no zakat on work animals
for example,those trained to plow or bear loads (0:since the purpose in having them is utility, likeclothes or household furnishings
and is not production).Grazing means they have been grazed onopen range pasturage (0: open range excludingpasturage growing on land that a person owns (A:as it would then be considered fodder))
If thelivestock have been given fodder for a period longenough that they would have been unable to survivehad they not eaten during it, then there is nozakat on them,
though if fed with it for less thansuch a period, then this does not affect the necessityof paying zakat on them
(A: There is no zakaton cattle that have been solely fed fodder or grain.even if they could have otherwise been grazed.)(n: It is religiously more precautionary (def:c6.5)and of greater benefit to the poor to followImam Malik on this question
Malik holds thatzakat is obligatory whenever one has possessed azakat-payable number of livestock for a year,whether or not they are work animals, andwhether they have been grazed on open pasturageor fed with fodder for the entire year (a/-Sharh aisaghir'ala Aqrab al-masalik ila madhhab a/-ImamMalik (y35) , 1.592).)

ZAKAT ON CAMELSZAKAT ON CATTLEFor cattle, the minimum on which zakat ispayable is 30 head, for which it is obligatory to paya yearling, meaning a male calf in its second year(A: though a female may take its place, beingworth more).The zakat due on 40 head is a two-year-oldfemale that has entered its third year (A: a malewill not suffice).The zakat on 60 head is 2 yearling males.Zakat on additional numbers is figured in thesame way: on 30 head, a yearling male, and on 40head, a two-year-old female (N: according towhich of the two alternatives accommodates thelast 10 head (dis: h2.6).

ZAKA T ON SHEEP AND GOATSFor sheep or goats (n: the Arabic ghanammeaning both), the minimum on which zakat ispayable is 40, on which it is obligatory to pay iishah, meaning either a one-year-old sheep (0: inits second year) or a two-year-old goat (0: in itsthird year)
The zakat on 121 sheep or goats is 2shahs, on 201 sheep or goats is 3, on 400 sheep orgoats is 4, and for every additional 100 the zakat is1 shah.

CALCULATING THE NUMBER OF ANIMALSNumbers (0: of camels, cattle, or sheep)which are between zakat quantities (N: i.e
whichnumber more than the last relevant zakat quantitybut do not amount to the next highest one) are notcounted, and no zakat is due on them.

New offspring of a zakat-payable quantityof livestock that are born during the year arecounted for the zakat of the year their mothers arecurrently in, no matter whether their mothers surviveor die
Thus, if one owned 40 sheep or goatswhich gave birth to 40 young a month before theyear's end, but .then the 40 mothers died, one'szakat on the offspring would be 1 shah.

If a group of livestock are all female, orare both male and female, then only a female animalmay be paid as zakat, except as mentionedabove (h2.4) for 30 cattle
where a yearling male isacceptable.

If a group of livestock are all male, then amale animal may be paid as zakat.

If all the livestock are below the minimumage that may be given as zakat (def: h2.4-5), thenone of them is given anyway
But if the herd ismixed
with only some of them underage, thenonly an animal of the acceptable age may be paid.

If the animals of the herd are defective, ananimal is taken which is of the average defectiveness(0: of the group, defective meaning withdefects that permit return for refund when sold asmerchandise (def: k5.3)).

If the herd is composite, such as sheep andgoats, then either kind may be paid as zakat,though the value of the animal given must correspondto the average value of the members ofthe herd.

The following are not taken as zakatunless the owner wishes to give them:(1) a pregnant female (0: because of itssuperiority) ;(2) one that has given birth (0: because ofthe high yield of milk);(3) a stud (0: as it is for insemination, andthe owner would suffer its loss);(4) a superior quality animal;(5) or one fattened for eating.

ZAKA T ON JOINTLY OWNED PROPERTY ORVENTURES WITH SHARED FACILITIESTwo people pay zakat jointly as a singleperson if:(I) they jointly own a zakat-payable amountof livestock or something else (0: such as fruit',grain, money, or trade goods), as when twopeople inherit it;(2) or when the property is not jointlyowned, as when each owner has, for example, 20head of sheep(N: of a herd amounting to the zakatminimum of 40), but they share the same place tobed them down, to gather them before grazing, topasture, water, or milk them, or share the samestud, employ the same shepherd, or similar, suchas having the same watchman (0: for orchardsand fields), the same drying or threshing floor (0:for fruit or grain), the same store, or the samewarehouse.*

(N: The rulings of this section apply to the farmers who raise the crops
Asfor those who buy agricultural produce with the intention to sell it, their produceis no longer considered as crops are, but is rather a type of trade goods, and thezakat on it must be paid accordingly (def: hS).)

There is no zakat on grains or legumesexcept the staple types that people cultivate, dry,and store, such as wheat, barley, millet, rice, lentils,chickpeas, broad beans, grass peas, andSana'i wheat.There is no zakat on fruit except for raw datesand grapes (0: the zakat on grapes being taken inraisins, and on dates, in cured dates)
There is nozakat on vegetables
Nor is there zakat on seasoningssuch as cumin or coriander (0: sincc the aimin using them is preparation of food, not nourishment).

One is obliged to pay zakat as soon as onepossesses the zakat-payable amount (def: below)of grain, or when the ripeness and wholeness of azakat-payable amount of dates or grapes is apparent.Otherwise, one is not obliged.

THE ZAKAT·PAYABLE AMOUNT OF CROPSThe minimal quantity on which zakat ispayable for crops is 609.84 kilograms of net driedweight, free of husks or chaff, though for rice andSana'i wheat
which are stored in the kernal, thezakat minimum, including husks, is 1219.68 kilogramsof dried weight.Zakat is not taken from grain until it has beenwinnowed (0: made free ofstraw), norfrom fruitsuntil they are dried (n: made into raisins anddates).The produce for the entire year (N: i.e
theagricultural year) is added together in calculatingthe zakat minimum (N: when, for example
theseason's first crop alone is less than the zakatminimum)
When one crop is harvested afteranother--due to varietal differences or the locationof the two fields-in the same year, and of thesame kind of crop (n: such as spring wheat andwinter wheat), zakat is payed from them as if theywere a single quantity
Different varieties of grainare also calculated additively when harvested atthe same time, though the fruit or grain of oneyear is not added to thc fruit or grain of a differentyear.Grapes are not calculated cumulatively withdates, nor wheat with barley (0: as they aredifferent from one another).

The zakat for crops that have beenwatered without effort, as by rain and the like, is10 percent of the crop (N: i
e
of the net dried storageweight of the grain, raisins, or dates)
Thezakat for crops that have been watered with effort,such as on land irrigated by ditches (0: or a waterwheel)is 5 percent of the crop.If a crop has been raised without irrigation forpart of the year and irrigated for part of it, then thezakat is adjusted (0: according to the period,meaning how much of the time the fruit or cropswere growing)
(N: It is more reliable to consultagricultural experts as to how much of the crop'swater came from rain and how much came fromirrigation
If 50 percent of the water came fromeach, for example, one would pay 7.5 percent ofthe crop as zakat, as this is the mean between theabove two percentages.)

After one has paid zakat once on a crop(N: if one is the farmer), there is nothing furtherdue on it (0: as there is no repetition of zakat onone's crops when they are in storage, unlike therepetition of it on money), even if it remains inone's possession for years.

It is unlawful for the grower to consumedates or grapes or otherwise dispose of them orsell them before they have been assessed (0: i.e.estimated as to how much there is, and the ownermade responsible for the portion to be paid aszakat), and if he does, he is responsible for the loss(0: since part of it belongs to the poor (dis: h1.9)) .

If an act of God destroys the fruit afterassessment, there is no zakat on it.*

Zakat is obligatory for anyone who haspossessed the zakat-payable amount of gold orsilver for one year.

THE ZAKAT-PAYABLE AMOUNTS OFGOLD, SILVER, AND 0THER MONEYThe zakat-payable minimum for gold is84.7 grams, on which 2.1175 grams (2.5 percent) isdue
The zakat-payable minimum for silver is592.9 grams, on which 14.8225 grams (2.5 percent)is due
There is no zakat on less that this.(N: One must pay zakat (n: 2.5 percent) on allmoney that has been saved for a year if it equals atleast the market value of 592.9 grams of silver (n:that is current during the year)
While there is aconsiderable difference between the value of thegold zakat minimum and the silver zakatminimum, the minimum for monetary currencyshould correspond to that of silver, since it is betterfor the poor.)

Zakat is exacted proportionately (2.5 percent)on any amount over these minimums,whether the gold or silver is in coins, ingots,jewelry prepared for uses that are unlawful oroffensive (dis: f17.6,8,1l), or articles which arepermanent acquisitions.

There is no zakat on (n: gold or silver)jewelry that is for permissible use.*

A zakat of 2.5 percent (0: like that of gold and silver, as merchandise is assessed according toits value in them) is obligatory for anyone who:(a) has possessed trade goods for a year (n:whether the merchandise itself remains, orwhether there is sale and replacement, as below at h5.4-5);(b) whose value (n: at the zakat year's end,as at h5.3) equals or exceeds the zakat minimum(N: 592.9 grams of silver if bought with monetarycurrency or silver, and 84.7 grams of gold ifbought with gold, these being reckoned accordingto the values of silver and gold existing duringthe year);provided:(c) that the trade goods have been acquiredthrough a transaction (0: such as a purchase, oracquired by a woman as her marriage payment(mahr, def: m8), or received as a gift given inreturn for something else (dis: k31.4), or such asarticles rented from someone in order to rentthem out to others at a profit, or land rented fromsomeone in order to rent it out to others at aprofit);Cd) and that at the time of acquisition, theowner intended to use the goods for trade.There is no zakat on trade goods if (non·(c)above) the owner acquired them by estate division(irth, def: Ll) or received them as a gift, or if (non(d)) he acquired them by purchase but at the timedid not intend using them for trade.

THE BEGINNING OF THE ZAKAT YEAR FORTRADE GOODSWhen the owner buys trade goods thatcost (N: at least) the gold or silver zakat minimum,the year of the merchandise's possession is consideredto have begun at the beginning of the goldor silver's zakat year (N: so that a merchant'szakat is figured yearly on his total business capitaland goods).But the year of the merchandise's possessionis considered to have begun at the moment ofpurchase if:(1) the owner has bought the merchandisefor less than the zakat minimum (0: provided theprice of the new merchandise plus his remainingmoney do not amount to the zakat minimum);,(2) or he has bought it (N: in exchange) fornonmonetary goods (N: provided these are notalso trade goods, as at h5.4, for if they are, thezakat year cO!1tinues from the zilkat year of theprevious goods).

ESTIMATING WHETHER THE VALUE OF ONE'STRADE GOODS AMOUNTS TO THE ZAKATMINIMUM OR NOTMerchandise is appraised (A: at its currentmarket value) at the end of the zakat year:(1) in terms of the same type of money that itwas purchased with, if bought with money (N: i.e.if purchased with silver or monetary currency, wesee if the merchandise's market value at the year'send has reached the silver zakat minimum (def: h5.1(b));or if with gold, we see if its market valuehas reached the gold minimum) even if it had beenpurchased for less than the zakat minimum (N: atthe beginning of the year) (0: so that if it has nowreadied the value of the zakat minimum, one payszakat on it, and if not, then there is no zakat);(2) or in terms of its value in local monetarycurrency, if the merchandise was acquired byother than paying money for it (0: such as inexchange for goods, or acquired by a woman.asher marriage payment (mahr), or by a husband inexchange for releasing his wife from marriage(def: n5))
If its value equals the zakat minimum(h5.1(b)), then zakat is paid
But if not, then thereis no zakat on it until the end of the next year,when it is reappraised and zakat is paid if its valueamounts to the zakat minimum, and so on (N: inthe following years).It is not a condition that the value of the tradegoods amount to the zakat minimum except at theend of the year (0: not at the beginning, middle,or during the whole of the year).

If trade goods are exchanged for othertrade goods during the course of the year, thisdoes not interrupt their possession (0: becausezakat on merchandise is based on the value, andthe value of the previous merchandise and the newmerchandise is the same, so the year of its possessionis not interrupted by merely transferrring itfrom one set of goods to another), though thezakat year of the funds which a professionalmoney changer exchanges for other funds is interruptedby each exchange (N: and he pays no zakatas long as he keeps changing his business capital).

If merchandise is sold during the zakatyear at a profit and its price is kept until the end ofthe year, then zakat on the merchandise's originalvalue is paid at the end of that zakat year, but thezakat on the profit is not paid until the profit hasbeen possessed for a full year.(n: A second position in the Shafj'j school isthat the zakat on the profit is simply paid in thecurrent zakat year of the merchandise, just as onepays zakat on the offspring of livestock (dis: h2.7)in the current year of their mothers (Mughni almuhtajila ma'rifa ma'ani alfaz al-Minhaj (y73),

*

1.399).)
A zakat of 2.S percent is immediatelydue on:(a) the zakat minimum or more of gold orsilver (def: h4.2) (0: gold or silver excluding anythingelse, such as iron, lead, crystal, turquoise,cornellian, emerald, antimony, or other, on whichthere is no zakat);(b) extracted from a mine (0: i.e
a site atwhich Allah has created gold or silver) located onland permissible for the miner to work or ownedby him;(c) and that this amount of ore has beengathered by working the site one time
or severaltimes uninterrupted by abandoning or neglectingthe project.The zakat is only paid after the ore is refinedinto metal.If the person stops working the site for a justifiablereason
such as to travel (0: not for recreation,but for something such as an illness) or to fixequipment, then he adds (0: the ore collectedafter the interruption to that collected before
incalculating the zakat minimum).Ore found on someone else's land belongs tothe owner of the land.

ZAKAT ON TREASURE TROVESAn immediate zakat of 20 percent is duewhen one finds a treasure trove that was buried inpre-Islamic times (N: or by non-Muslims, ancientor modern) if it amounts to the zakat minimum(def: h4.2) and the land is not owned
If such atreasure is found on owned land, it belongs to theowner of the land
If found in a mosque or street,or if it was buried in Islamie times, it is consideredas a lost and found article (def: k27).*

The zakat of 'Eid al-Fitr is obligatory forevery free Muslim, provided:(a) that one has the necessary amount (0:2.03 liters of food);(b) and that on the night before the 'Eid andon the 'Eid itself, this is in excess of what oneneeds to feed oneself and those whom one isobliged to support (def: mI2.1), what one needsto clothe them, and in excess of one's debts andhousing expenses.If one's excess amounts to only part of therequired zakat, one must pay as much of it asone has.

PAYING THE ZAKAT OF 'EID AL-FITR FORONE'S DEPENDENTSSomeone obligated to pay the zakat of'Eid al-Fitr must also pay it for every person he isobliged to support, such as his wife and family (0:e.g
his young son, grandson, father, or mother),if they are Muslim and if he has enough food (0:2.03 liters per person above his own expenses andtheirs), though he is not obliged to pay it for hisfather's wife when supporting his father becauseof the father's financial difficulties, even thoughhe is obliged to support her (dis: ml2.S).

If one is obligated to pay the zakat of
Eidal-Fitr but only has enough to pay part of it, thenone begins by paying one's own, then that of one'swife, young child, father, mother, and then one'sadult son (0: without an income, as when he ischronically ill or insane, for otherwise one is notobligated to support him).

A wealthy woman married to a man toopoor to pay her 'Eid al-Fitr zakat is not obliged topay her own (A: though it is sunna for her to paythis and all forms of zakat to her husband, even ifhe spends it on her).

The zakat of 'Eid al-Fitr becomes obligatorvwhen the sun sets on the night before the 'Eid(n:- meaning on the evening of the last day ofRamadan).

WHAT TYPE OF FOOD MUST BE GIVENThe zakat of 'Eid al-Fitr consists of 2.03liters of the main staple of the area in which it isgiven, of the kinds of crops on which zakat is payable(def: h3.2)
(A: If the main staple is bread, asin many countries, only wheat may be given, and iswhat is meant by the expression giving food hereand in all texts below dealing with expiations (e.g.j3.22(2)).) (N: The Hanafi school permits payingthe poor the wheat's value in money, both hereand for expiations.) It is permissible to give thebest quality of the staple food ofthe area, but notto give less than the usual quality (0: such as bygiving barley where wheat is the main staple).

It is permissible to give the zakat of 'Eidal-Fitr(N: to deserving recipients (dis: h8.26))anytime during Ramadan, though the best time ison the day of 'Eid al-Fitr before the
prayer (def:f19.1)
It is not permissible to delay giving it untilafter the day of the 'Eid (0: that is, one may giveit until sunset), and is a sin to delay until after this,and one must make it up (N: by paying it late).*

It is unlawful to delay paying what is duefrom a zakat-payable amount of property when:(a) it has been possessed for one year;(b) one can find the (0: eight) categories (0:of eligible recipients, or some of them) so as to beable to pay it;(c) and the property is present (0: within Slkm.l50 mi.);-unless one is awaiting a poor person moredeserving than those present, such as a relative(0: of the person paying zakat whom he is notobliged to support), a neighbor, or a more righteousor needy person (0: than those present.Under these circumstances it is not unlawful todelay giving it because there is an excuse, unlesswithholding it involves considerable harm forthose present).

PAYING ZAKAT IN ADVANCEZakat, on all types of property that 'ayear's possession of the zakat minimum makesgiving obligatory, may be payed for the currentyear (A: alone) before the year's end wheneverthe property owner possesses the zakat minimum,This zakat in advance is considered valid onlywhen the year ends and:(a) the recipient it still among the types eligiblefor zakat (0: meaning, for example, that hisstate has not changed from poverty to wealth);(b) the zakat giver is still obliged to pay it;(c) and the property is still as it was (0: i.e.the zakat minimum still exists and has not beendestroyed or sold),The zakat in advance is not valid if (N: before theend of the year):(I) (non-(a) above) the poor person whoaccepted it dies, or becomes financially independentfor some other reason than having acceptedthe zakat;(2) (non-(b)) the giver dies;(3) or (non-(c)) the property diminishes toless than the zakat minimum by more than theamount given in advance (0: such as when thegiver takes out 5 dirhams as zakat in advance from200 dirhams, but his holdings are subsequentlyreduced by 10 (N: to 190 dirhams, which is lessthan the zakat minimum)), even when this reductionis because of sale.When the zakat in advance is not valid, thegiver may take it back if he has explained that themoney has been given in advance (0: by merelyhaving said, ""This is my zakat in advance,"" or ifthe recipient knows it)
If what was given as zakatstill exists, the recipient gives it back together withany increment organically connected with it, suchas additional weight gained by a head of livestockwhile in the recipient's possession
But the propertyowner is not entitled to take back an incrementthat is not organically connected to thezakat, such as its offspring (0: born from the animalwhile in the recipient's possession).If the zakat given in advance no longer exists,then the giver is entitled to take back a substitute(0: whether it be the substitute for a commoditythat is fungible (mithli, def: k20.3(1)), such assilver dirhams, or whether for a nonfungible(mutaqawwim) commodity such as sheep orgoats, in which case its price is the market value atthe time the zakat in advance was accepted, notthe time it ceased to exist).After the return of the zakat in advance, thezakat giver pays the zakat from his wealth again ifhe is still obliged to.The zakat in advance that is paid from thezakat-payable amount (nisab) is considered as ifstill part of the giver's property (0: only in respectto calculating whether the giver's total propertyequals the zakat-payable amount
It is not actuallyconsidered as still belonging to the zakat giver,since the recipient is entitled to dispose of it bysale or otherwise while it is in his possession).Thus, if the zakat giver paid a sheep in advance aszakat on 120 head, and one of the sheep then gavebirth to a new lamb, the giver would now beobliged to pay another sheep (0: it being as if heowns the (N: next highest) zakat-payable amountof 121 head (dis: h2.5)).

AUTHORIZING ANOTHER TO DISTRIBUTE ONE'SZAKATIt is permissible for the zakat giver to personallydistribute his zakat to eligible recipients orto authorize an agent (wakil, def: k17) to do so.It is permissible for the zakat giver to pay hiszakat to the imam (A: i.e
the caliph (025) or hisrepresentative), and this is superior unless theimam is unjust, in which case it is better to distributeit oneself.

THE PRAYER OF THE RECIPIENT FOR THEZAKAT GIVERIt is recommended for the poor person (0:receiving zakat when the owner is distributing it)or the agent assigned to deliver the zakat to recip""ients (N: if the imam has gathered it by means ofagents to distribute to the poor) to supplicate forthe giver, saying, ""May Allah reward you for whatyou have given, bless you in what you haveretained, and purify it for you.""

THE INTENTION OF ZAKATMaking the intention of zakat is a necessarycondition for the validity of giving it
Theintention is made when zakat is paid to the poorperson or the one being authorized to distribute it,and one must intend giving it as the zakat of one'sproperty
(0: It is permissible to make the intentionbefore paying the money.) When the ownerhas made this intention, it is not necessary that theagent distributing it also make an intention beforegiving it (0: because the owner's intention is sufficient,whether the agent is an ordinary individualor is the ruler
It is also permissible for the ownerto authorize an agent to both make the intentionand distribute the zakat).

It is recommended that the imam dispatcha zakat worker, (0: to collect zakat funds fromthose obliged to pay, to make this easier for them.Such an agent must be) an upright Muslim (def:O24.4) who knows the rulings of zakat, and who isnot of the Hashimi or Muttalibi clans of Quraysh.

THE EIGHT CATEGORIES OF RECIPIENTSIt is obligatory to distribute one's zakatamong eight categories of recipients (0: meaningthat zakat goes to none besides them), one""eighthof the zakat to each category.(n: In the Hanafi school, it is valid for thegiver to distribute his zakat to all of the categories,some of them, or to confine himself to just one ofthem (al-Lubab fi sharh al-Kitab (y88), 1.155).)

THE POORThe first category is the poor, meaningsomeone who:(a) does not have enough to suffice himself(0: such as not having any wealth at all, or havingsome, but (N: he is unable to earn any, and) whathe has is insufficient to sustain him to the end ofhis probable life expectancy if it were distributedover the probable amount of remaining time;insufficient meaning it is less than half of what heneeds
If he requires ten dirhams a day, for example,but the amount he has when divided by thetime left in his probable life expectancy is fourdirhams a day or less, not paying for his food,clothing, housing, and whatever he cannot dowithout
to a degree suitable (dis: f4.5) to someoneof his standing without extravagance or penury,then he is poor-all of Which app1ies as well tothe needs of those he must support (def: m12.1).)(N: A mechanic's tools or scholar's books are notsold or considered part of his money, since heneeds them to earn a living);(b) and is either:(I) unable to earn his living by work suitableto him (0: such as a noble profession befitting him(N: given his health and social position), asopposed to work unbefitting him, which is consideredthe same as not having any: If such anindividual were an important personage unaccustomedto earning a living by physical labor, hewould be considered ""poor."" This also includesbeing able to do work suitable to one, but not findingsomeone to employ one);(2) or is able to earn his living, but to do so·would keep him too busy to engage in attainingknowledge of Sacred Law
(n: Nawawi notes, ""Ifable to earn a living at work befitting him exceptthat he is engaged in attaining knowledge of somesubject in Sacred Law such that turning to earninga living would prevent the acquisition of thisknowledge (dis: w36), then it is permissible forhim to take zakat because the attainment of knowledgeis a communal obligation, though zakat isnot lawful for someone able to earn a living whocannot acquire knowledge, even if he lives at aschool
What we have just mentioned is the mostcorrect and well known position
Darami mentionsthree positions concerning someoneengaged in attaining religious knowledge:-that he deserves charity even when able to earna living;-that he does not deserve it:-and that if he is an outstanding student who canbe expected to develop a good comprehension ofthe Sacred Law and benefit the Muslims thereby,then he deserves eharity, but if not, then hedoes not.""Darami mentioned this in the chapter of 'VoluntaryCharity' "" (al-Majmu' (y108) , 6.190-91).)But if one's religious devotions are whatkeeps one too busy to earn a living, one is not consideredpoor.

Someone separated from his money by atleast 81 km.lSO mi
is eligible for zakat
(N: Thiswas in the past
In our day it is fitter to say that hemust be far from his money in terms of commonacknowledgement (def: f4.5).) (0: Such a person'sabsent property is as if nonexistent, and his""poverty"" eOI).tinues until the ,money is present.Likewise, someone owed money on a debt not yetdue who does not have any other money is givenzakat when it is distributed (N: to suffice him)until the debt becomes due.)

People whose needs are met by the expendituresof those who are obliged to support themsuch as their husbands or families are not givenzakat (N: for poverty) (0: though it is permissiblefor a third party to give zakat to such a dependentby virtue of the dependent's belonging to somecategory other than the poor or those short ofmoney (def: below), as when the person belongsto a category such as travellers needing money(h8.l8) or those whose hearts are to be reconciled(h8.14)).

THOSE SHORT OF MONEYThe second category is people short ofmoney, meaning someone who has something tospend for his needs but it is not enough, as whenhe needs five dirhams, but he only has three orfour
The considerations applicable to the poorperson also apply to someone short of money (0:namely, that he is given zakat if he cannot earn aliving by work befitting him (def: h8.8(b)), or if hecan earn a living but attainment of knowledge ofSacred Law prevents his doing so; though if he isable to earn a living but extra devotions preventhim from doing so, then he may not take zakat).

HOW MUCH THE POOR ARE GIVENA person who is poor or short of money isgiven as much as needed of tools and materials (0:if he has a trade, such as the tools of a carpenter)with which he can earn a living, or property withwhich he can engage in trade (0: if a merchant),each according to the demands of his profession.This amount varies, depending on whether, forexample, he is a jeweller, clothier, grocer, orother.If the recipient has no trade (0: i·.e
is unableto do any work, whether for wages, by trading, orother), then he is given enough zakat to fulfill hisneeds from the present till the end of his probablelife expectancy (0: based on (N: the average lifespanfor someone like him in) that locality).Another position is that such a person is givenenough for just one year.These measures are obligatory when abundantzakatfunds are available, whether the imamdistributes them or a property owner
But if thereis not much zakat available (0: meaning if theowner or imam distributes funds that are too littleto last the poor person for his probable life expectancyor for even one year), it is distributed as is,an eighth to each category.

ZAKAT WORKERSThe third category consists of zakat workers,the above-mentioned agents (h8.6) dispatchedby the imam
These include the personcollecting it, the clerk (0: recording what theowners give), the person who matches the payeesto recipients, and the one who distributes it torecipients.The zakat workers receive an eighth of thezakat funds
If this amount is more than it wouldcosUo hire someone to do their job, then theyreturn the excess for distribution to the othercategories of recipients
But if less (N: than thecost of hiring someone), then enough is takenfrom the zakat funds to make up the difference.All of this applies only if the imam (A: caliph) isdistributing the zakat (0: and has not allotted afee to the zakat workers from the Muslim commonfund (bayt aI-mal))
If the property owner is distributingthe zakat (0: or if the imam has allottedthe workers a fee from the common fund) then thezakat funds are divided solely among the othercategories of recipients.

THOSE WHOSE HEARTS ARE TO BE RECONCILEDThe fourth category is those whose heartsare to be reconciled
If they are non-Muslims, theyare not given zakat, but if Muslims, then they maybe given it (0: so that their certainty may increase,or if they are recent converts to Islam and arealienated from their kin).Those to be reconciled include:(1) the chief personages of a people (0: withweak Islamic intentions) whose Islam may beexpected to improve, or whose peers may beexpected to enter Islam;(2) or the heads of a people who collect zakatfor us from Muslims living near them who refuseto pay it, or who fight an enemy for us at considerableexpense and trouble to themselves.mosE PURCHASING THEIR FREEDOM

The fifth category is slaves who are purchasingtheir freedom from their owners
They aregiven enough to do so if they do not have themeans.mOSE IN DEBT

The sixth category is those who have debts(0: and they are of three types):(1) A person who incurs debts in order tosettle trouble (0: between two people, parties, ortribes) involving bloodshed (0: as when there hasbeen a killing but it is not known who the killer is,and trouble has arisen between the two sides) or tosettle trouble concerning property (0: such asbearing the expense when trouble occurs over it)is given zakat even if he is affluent.(2) A person who incurs debts to supporthimself or his dependents is· given zakat if he ispoor, but notif affluent
If he incurs a debt (0: forsomething lawful) but spends it on somethingunlawful, and then repents (0: and is felt to be sincerein this, and the original reason is known tohave been something lawful), then he is givenzakat.(3) (0: And a third type, not mentioned bythe author, which (n: given persons P, Q, and R)is When R incurs a debt by guaranteeing (daman,def: k15) to P that Q will pay P (n: what Q oweshim)
If R finds that neither he nor Q can pay,then R is given zakat (n: because he has gone intodebt in order to guarantee Q's debt), even if thereason R agreed to guarantee Q was not charity(N: but was rather that Q would pay him back).)TIIOSE FIGlITING FOR ALLAH

The seventh category is those fighting forAllah, meaning people engaged in Islamic militaryoperations for whom no salary has been allotted inthe army roster (0: but who are volunteers forjihad without remuneration)
They are givenenough to suffice them for the operation, even ifaffluent; of weapons, mounts, clothing, andexpenses (0: for the duration of the journey,round trip, and the time they spend there, even ifprolonged
Though nothing has been mentionedhere of the expense involved in supporting suchpeople's families during this period, it seems clearthat they should also be given it).

TRA YELLERS NEEDING MONEYThe eighth category is the traveller in needof money, meaning one who is passing among us(0: i.e
through a town in Muslim lands wherezakat is collected), or whose journey was notundertaken for the purpose of disobeying Allah.If such a person is in need, he is given enough tocover his personal expenses and transportation,even if he possesses money back home.

PAYING ZAKAT TO RECIPIENTSA person who qualifies as a member oftwo or more of the above categories is only givenzakat for one of them.

When the (N: eight) categories of recipientsexist in the town where zakat is collected, it isunlawful and invalid to give it to recipientselsewhere (0: as it must be paid to those present ifthe property owner is distributing his own zakat.The other schools of jurisprudence permit giving itelsewhere)
But if the imam (A: caliph) is distributingthe zakat, he may give it to recipients in adifferent place.If the zakat giver's property is in the desert,or none of the eight categories of eligible zakatrecipients exist in his own town, then the zakatshould be distributed in the nearest town.

Each category of recipients must receivean equal share, one-eighth of the total (dis:h8.7(n:))(A: though one may give various individualswithin a particular category more or less),except for zakat workers, who receive only theirdue wage (def: h8.13).If one of the categories does not exist in one'stown, their eighth is distributed over the othercategories such that each of them gets oneseventh.If two categories of recipients do notexist in the town, then each of the remainingcategories receive a sixth of the zakat, and so on(0: such that if there were only one category intown, all the zakat would be paid to it).It is obligatory to give zakat to every individualmember of a category if the owner is distributingzakat and the individuals are of a limited,known number, or if the imam is distributingzakat and it is possible to give it out person by personand include them all because of the abundanceof funds.If the owner is distributing zakat and therecipients in each category are not of a limited,known number, then the fewest permissible forhim to give to in one category is three people,except for the category of zakat workers, in whicha single person is enough.

It is recommended to give on,e's zakat torelatives other than those one is obliged to support(def: mI2.1).

It is recommended to distribute zakat torecipients in proportion to their needs, givingsomeone who needs 100 dirhams, for example,half of what one gives to SOmeone who needs 200.

It is not permissible to give zakat to a nonMuslim,or to someone whom one is obliged tosupport (def: m12.1), such as a wife or familymember.

It is not valid for one to give zakat to apoor person on condition that he return it to oneto payoff a debt he owes, or to tell the recipient,""I hereby make the money you owe me zakat, sokeep it for yourself."" But it is permissible:(1) for the giver to pay his zakat (0: to a poorperson who owes him money) when the giver'sintention is that the recipient should pay him backwith it;(2) for the zakat giver to tell the poor person,""Pay me the money you owe me so that I can giveit to you as zakat"";(3) or for the poor person to tell his creditor,""Give me (0: zakat) so that I can pay it back toyou (0: for the debt lowe you)"";though it is not obligatory to fulfill these promises(0: meaning the outcomes alluded to in (2)and (3) above).

All of the above rulings concerning zakat(h8.2-25) apply to the zakat of 'Eid al-Fitr (def:h7) (0: in details, in giving it to deservingrecipients (N: the eight categories described inthis section), and in giving it in advance)
It is permissiblefor a group of people to pool their zakatof 'Eid al-Fitr, mix it, and collectively distribute it,or for one of them to distribute it with the others'permission
(0: The author mentions this toinform people that anyone can distribute theirzakat of 'Eid al-Fitr to all categories of recipients,no matter how little it is.)*

Giving voluntary charity is recommendedat all times; especially during Ramadan, beforepraying for something one needs, (0: when thereis an eclipse, illness, or journey,) and at all nobletimes and places (0: e.g
times such as the first tendays of Dhul Hijja or the days of 'Eid, and placessuch as Mecca or Medina).

It is superior to give charity to righteouspeople (0: meaning those who give Allah and Hisslaves their due), to one's relatives (A: which isbetter than giving to the righteous), even those ofthem who are one's enemies (A: and this is betterthan giving to one's friends among them), and togive from the best of one's wealth (0: meaningthat which is lawful, which is better than givingwhat is from a doubtful source, or giving what is ofpoor quality, either of which are offensive to giveas charity
It is unlawful to give property that hasbeen unlawfully obtained (N: if one knows itsrightful owner
If not, one must give it as charity(A: or taxes (def: p32)) to remove it from one'spossession)) .

It is unlawful to give as charity moneyneeded to support one's dependents or needed topay a debt that is currently due (0: because supportingone's dependents or paying a current debtare obligatory, and obligatory acts take precedenceover recommended ones).

It is recommended to give away in charityeverything one owns that is in excess (0: of personalexpenses and the expenses of those one isobliged to support), provided one can be patientwith the resultant poverty
(0: But if one cannotbe patient, it is offensive to give away what is inexcess of one's needs.)

It is offensive to ask for anything besidesparadise with the words ""For the sake [lit
""By thecountenance (0: i.e
entity)""] of Allah,"" though ifsomeone does, it is offensive not to give to him.

It is unlawful to remind a recipient of charity that one has given him (mann, dis: p36), and iteliminates the reward.

(0: It is permissible to give charity to aperson not in need, or to a relative of the Prophet(Allah bless bim and give him peace)
It is offensivefor a person not in need to accept charity, andpreferable that he avoid it
It is unlawful for sucha person to accept it if he pretends to be needy,and is unlawful for him to ask for charity.It is permissible to give charity to a nonMuslim(n: but not zakat, as above at h8.24).}*

(0: The month of the fast is the best ofmonths, and it is one of the distinctive features ofthis Community (Umma); that is, as now practiced,a fact not contradicted by the word of AllahMost High,""Fasting is prescribed for you, as it was prescribedfor those before you"" (Koran 2:183),the resemblance interpreted as referring to fastingwithout other qualification, not to its amount andtime
Fasting Ramadan is one of the pillars ofIslam (def: u2) by scholarly consensus (ijma').Bukhari and Muslim relate that the Prophet(Allah bless him and give him peace) said,""Islam is built upon five: testifying there is nogod but Allah and that Muhammad is the messengerof Allah, performing the prayer, givingzakat, making the pilgrimage to the House[Kaaba], and fasting Ramadan."")

Fasting Ramadan is obligatory for:(a) every Muslim (0: male or female) who:(b) has reached puberty;(c) is sane;(d) is capable of bearing the fast;(e) and if female, is not in the period ofmenstruation or postnatal bleeding (nifas).

THOSE NOT OBUGED TO FAST RAMADANThe following are not required to fast:(1) (non-(a) above) anon-Muslim (0: meaningthat we do not ask him to, nor would it be validif he did (N: though he is punished in the next lifefor not doing so));(2) (non-(b)) a child;(3) (non-(c)) someone insane;(4) or (non-(d)) someone whom fastingexhausts because of advanced years or having anillness from which he is unlikely to recover.None of the above-mentioned is obliged tofast or to make up missed fast-days, though someonewho misses a fast because of (4) above mustgive 0.51 liters of food (def: h7.6(A:)) for eachfast-day he misses.

The following are not required to fast,though they are obliged to make up fast-daysmissed (A: making up, according to our school,meaning that one fasts a single day for eachobligatory fast-day missed):(1) those who are ill (N: the illness that permitsnot fasting being that which fasting wouldworsen, delay recovery from, or cause one considerableharm with; the same dispensation applyingto someone who needs to take medicine duringthe day that breaks the fast and that be can notdelay taking until night);(2) those who are travelling (def: i1.7);(3) a person who has left Islam (murtadd,def: 08);(4) or a woman who is in her menses orperiod of postnatal bleeding.If the ill person or traveller take it upon themselvesto fast, it is valid, though a fast by someonewho has left Islam, or a woman in menstruation orperiod of postnatal bleeding is not valid.When not fasting on a day of Ramadan, if anon-Muslim becomes a Muslim, an insane personregains his sanity, or a child reaches puberty, it isrecommended but not obligatory that they fast therest of that day and make up the fast later
A childwho reaches puberty While fasting on a day ofRamadan is obliged to fast the rest of the day, andis recommended to make it up.A woman whose period ends during a day ofRamadan is recommended to fast the rest of theday and is obliged to make up the fast (0: and thefast-days prior to it missed during her period orpostnatal bleeding).

If the testimony of a witness (0: that thenew moon has been seen during the previousnight) is made during a day (N: that was initially)uncertain as to whether it was the the first ofRamadan, then it is obligatory (0: for people) tofast the rest of the day and to make it up later.

A child of seven is ordered to fast, and atten is beaten for not fasting (N: with the reservationsmentioned at f1.2).

Excessive hunger or thirst, meaning likelyto cause death or illness, are legitimate excusesnot to fast, even when they occur on a day one hasalready begun to fast, as soon as the fast becomesa hardship.

It is permissible not to fast when travelling,even when the intention to fast has beenmade the night before, provided that the journeyis at least 81 km.lSO mi
one way, and that oneleaves town (def: f1S.6) before dawn
Ifone leavesafter dawn, one is not entitled to omit the fast
Itis preferable for travellers not to fast if fastingwould harm them, though If not, then fasting isbetter.

A woman who is breast-feeding a baby oris pregnant and apprehends harm to herself or herchild may omit the fast and make it up later,though if she omits it because of fear (A: of harm)for the child alone (0: not for herself) then shemust give 0.51 liters of food (def: h7.6(A:)) incharity for each day missed, as an expiation (A: inaddition to making up each day).

SIGHTING THE NEW MOONFasting Ramadan is only obligatory whenthe new moon of Ramadan is sighted (0: i.e
inrespect to the person who sees it, though for thosewho do not see it, it only becomes obligatory whenthe sighting is established by the testimony of anupright witness (def: O24.4))
If it is too overcastto be seen, then (n: the preceding lunar month of)Sha'ban is presumed to last for thirty days, afterwhich people begin fasting Ramadan
If the newmoon is sighted during the day (0: before noon onthe last of the thirty days), it is considered asbelonging to the following night (0: and the rulingfor that day does not change).If the moon is seen in one city but notanother, then if the two are close (0: i.e
in thesame region), the ruling (n: that the new monthhas come) holds for both
But if the two are notclose, then not (0: i.e
the people far from theplace where it was seen are not obligated to fast),not close meaning in different regions, such as theHijaz, Iraq, and Egypt.

The testimony of a single witness (N: thatthe new moon has been seen) is sufficient to establishthat the month of Ramadan has come, providedthe witness is upright (def: O24.4), male,and responsible for the duties of Islam (0: whichexcludes boys who have reached the age of discernmentbut not puberty).

If a person knows by calculations of lunarmovements or the positions of the stars that thenext day is Ramadan, fasting is nevertheless notobligatory (0: for him or the public), though it ispermissible for him alone.

If it is difficult to learn which month it is,for someone imprisoned or the like (0: such assomeone being held in a dark place who cannottell night from day, or someone who does notknow when Ramadan has come because of beingin a land without habitations or people who knowwhen it is), then such a person is obliged to reckonRamadan as best he can and to fast it
Such a fastis valid if it remains unknown as to whether themonth fasted actually coincided with Ramadan,or if it did coincide with it, or if the month fastedoccurred after it, though if the month fasted wasbefore Ramadan, it is not valid.

THE CONDITIONS OF A VALID FASTThe conditions of a valid fast are:(a) the intention;(b) and refraining from things which breakthe fast.TIm INTENTION

One must make the intention to fast foreach day one fasts
If the intended fast is obligatory,then the intention must:(a) be specific (0: as to the fast being forRamadan, a vow, an expiation, or whatever);(b) and be made in the night prior to dawn.(n: For Hanafis
the intention for a day of Ramadan(but not a makeup) is valid if made beforemidway between true dawn and sunset of the dayitself (al-Hadiyya al-'Ala'iyya (y4), 171).)The optimal way is to intend (0: in one'sheart) to fast the following day as a currentperformance of the obligation of Ramadan in thepresent year for Allah Most High (0: fast and ofRamadan being unanimously considered as integralto the intention, though scholars differ concerningthe obligatoriness of intending it as acurrent performance, an obligation, or for AllahMost High).

One's intention is valid if on the nightbefore a day of uncertainty (N: as to whether itwill be the first day of Ramadan), someone onetrusts but who does not have all the qualificationsof an acceptable witness (def: i1.1O) informs oneof having seen the new moon, and relying on thisinformation one intends to fast the next day to fulfillthe obligation of Ramadan, and the next dayturns out to be Ramadan
But one's fast is notvalid if one makes the intention without anyonehaving informed one of sighting the new moon, nomatter whether if one's intention is firm orwhether undecided, as when one intends that ifthe following day is Ramadan, one will fast, but ifnot, one will not.

One's fast is valid if on the night before 30Ramadan, one intends that if the following day isof Ramadan, one will fast, but if not, one will not,and then the next day is of Ramadan (0: since italready is Ramadan, and the initial presumption isthat it will remain so (dis: e7.6(A:))).

Nonobligatory fasts are valid by merelymaking the intention to fast before noon (0: withoutneeding to specify the type of fast).

THINGS WHICH INVALIDATE THE FASTEach of the following things invalidatesthe day's fast when one knows they are unlawful(A: during an obligatory fast) and remembers oneis fasting (A: but does them deliberately anyway);and they obligate one to both make up the fast-daylater and fast the remainder of that day:(1) eating;(2) drinking (N: and smoking (A: though notif there is some smoke in the air that one unintentionallyinhales));(3) taking snuff (0: up the nose that reachesthe sinuses, a ruling likewise applicable to oil orwater preparations);(4) suppositories (0: vaginal or anal);(5) pouring (0: water, oil, or other) into theears until it reaches the eardrum;(6) inserting a finger or something else intothe anus or vagina further than the area disclosedwhen one squats (0: to relieve oneself);(7) anything that entel's the body cavity,whether stabbed into it (0: such as a knife or spearthrust which penetrates it) or whether medicine(N: though intramuscular or intravenous injectionsof medicine do not break one's fast);(8) vomiting (N: if it is deliberate and one isable to prevent it, though if nausea overcomesone, vomiting does not break one's fast);(9) sexual intercourse (0: if deliberate, evenif there is no orgasm), or orgasm from stroking anongenital region or from masturbation (0: nomatter whether such orgasm is produced byunlawful means, like one's own hand (dis: w37),or whether by lawful means, such as the hand ofone's wife);(10) using so much water to rinse out thenose and mouth (0: in ablution (wudu) or thepurificatory bath (ghusl)) that some reaches thestomach (0: i.e
if any reaches the body cavitybecause of using an abundance of water, it breaksthe fast, though if some water slips down when anabundance has not been used, it does not breakit);(11) swallowing saliva that has left themouth, such as when threading a needle and onemoistens the end of the thread, and then remoistensit, swallowing some of the saliva that thethread had been previously wetted with;(12) swallowing saliva that has been qualitativelyaltered, such as when threading a needleand one wets the end, and some dye from thethread remains in the mouth and is swallowed (A:so people who use toothpaste should take care toeliminate it from the mouth before dawn on fastdays);(13) swallowing saliva that has been madeimpure by contact with filth (najasa), such as whenone's mouth is bloodied and one spits out thesaliva until it is clear and colorless, but neglects towash one's mouth out (0: before swallowing thesaliva, which breaks the fast because the mouth isstill affected by impurity (n: and water is necessaryto purify it, as at e14.1O));(14) allowing phlegm or mucus at the back ofthe mouth to be swallowed when one could havespit them out (n: though in the Hanafi school thisdoes not break the fast, even if intentional (alHadiyyaal-'Ala'iyya (y4), 180));(15) or to continue making love, even for amoment, after dawn has arrived.

THE CRITERION FOR THINGS WHICHINVALIDATE THE FASTThe criterion as to whether somethinginvalidates the fast is (N: whether it comes underanyone of three headings):(1) a substance, even if not much, thatreaches the body cavity through an open passageway(0: substance excluding odors, and openexcluding anything else, such as absorptionthrough pores)
(N: The deliberate introductionof anything besides air or saliva into the body cavitybreaks the fast, though if the person fastingdoes so absentmindedly or under compulsion, itdoes not break it);(2) sexual intercourse (0: meaning insertingthe head of the penis into the vagina);(3) or orgasm, whether as the result of touching(0: such as kissing, contact, lying betweenthe other's thighs, or something else), or becauseof masturbation;-provided that one is aware that these acts areunlawful and that one remembers one is fasting(N: and provided they are done deliberately andvoluntarily).

THE EXPIATION FOR VITIATING A FAST-DAYBY SEXUAL INTERCOURSEIn addition to making up the fast, an expiationis obligatory for fast-days of Ramadan thatare (A: deliberately) vitiated by sexual intercourse.(0: The legal occasion of the offense is theparticular day of fasting, so that if it were committedon two separate days, two separate expiationswould be necessary, though if it were committedtwice in one day there would be only one expiation.)The expiation consists of freeing a soundMuslim slave (dis: k32), or if not possible, then tofast the days of two consecutive months
(A: Inour school the expiation is only for sexual intercourse,though the Hanafishold it is obligatory forvitiating the fast for other reasons as well.) If thisis not possible, then the expiation is to feed sixtyunfortunates (N: 0.51 liters of food (def:h7.6(A:)) to each unfortunate)
If one is unable todo this, the expiation remains as an unperformedobligation upon the person concerned.The woman who is made love to is not obligedto expiate it.

THINGS THAT DO NOT BREAK THE FASTThe fast remains valid if any of the thingswhich break it are done absentmindedly (0: notremembering the fast), out of ignorance (0: thatdoing the things which break the fast are unlawful.whether this is due to being a new Muslim, or tobeing born and raised far from Islamic scholars),or under compulsion
Nor is it broken by:(1) involuntary vomiting;(2) having a wet dream, or orgasm as a resultof thinking or looking at something (A: unless thelatter two usually cause orgasm, in which case onehas broken one's fast by not avoiding them);(3) some water reaching the body cavity as aresult of rinsing out the mouth or nose, (dis: i1.18(1O)),provided not much water was used;(4) saliva carrying down some food particlesfrom between one's teeth, provided this is afterhaving cleaned between them (0: after eating, byusing a toothpick or the like between them), if oneis unable to spit them out;(5) gathering saliva in the mouth and swallowingit, bringing saliva as far forward as thetongue (0: but not to the lips) and then swallowingit, or coughing up phlegm from the throat andspitting it out;(6) the arrival of dawn when there is food inone's mouth which one spits out;(7) the arrival of dawn when one is lovemakingand one immediately disengages;(8) or when sleeps all day or has lost consciousness,provided one regains consciousnessfor at least a moment of the day.

EATING OR DRINKING WHEN UNCERTAIN OFTHE TIME OF DAWN OR SUNSETMaking up the fast-day is obligatory ifoneeats, thinking it is night, but then finds that it isday; or eats, presuming (N: but uncertain) that thesun has set, and the question (0: as to whetherone ate before sunset or after) continues andremains unresolved (dis: e7.6(A:)).It is not obligatory to make up a fast-day onwhich one ate on the presumption that dawn hadnot yet come, and the question (0; as to what thecase was) remains unresolved (A: since the initialcertainty was that it was night).

INVOLUNTARY ACTS WHICH INVALIDATETHE FASTA fast-day is invalidated by:(1) insanity, even for a moment;(2) being unconscious the entire day;(3) or the appearance of menstrual or postnatalflow.(N: The insane person is not obliged to makeup such a day's fast, while the others are.)

RECOMMENDED MEASURES WHILE FASTINGA predawn meal is recommended, even ifit is slight or consists of water alone (0: and thetime for it begins from the middle of the nightonwards)
It is best to delay it to just before dawn,as long as one does not apprehend dawn's arrivalwhile still eating (0: though when one does notknow when dawn is, it is not tbe sunna to thusdelay it).

It is best to hasten breaking the fast whenone is certain that the sun has set
One shouldbreak it with an odd number of dates, though ifone has none, water is best
It is recommended tosay after doing so, ""0 Allah, for You !fasted
andupon Your bounty I have broken the fast
""

It is recommended in Ramadan:(1) to be especially generous (0: in givingcharity);(2) to improve one's relations with familyand relatives;(3) to recite the Koran much;(4) to spend periods of spiritual retreat(i'tikaf, def: i3) in the mosque, especially duringthe last ten days of Ramadan;(5) to break the fast of others after sunset,even if only with water (0: because of the hadithrelated by Tirmidhi that the Prophet (Allah blesshim and give him peace) said,""He who breaks another's fast earns the samereward as the one who fasted without diminishingthe latter's reward in the slightest"");(6) and if in a state of major ritual impurityGanaba), to perform the purificatory bath (ghusl)before dawn.

It is recommended to avoid:(1) slander (def: r2.2), lying, and foul language(N: which are always unlawful, but evenworse when fasting);(2) the pleasures of the senses (0: i.e
thosethat do not break the fast, such as smelling fragrantplants or looking at them, because of thegratification therein which is incompatible withthe wisdom of the fast, even though they are permissiblewhen not fasting) (A: and while it isrecommended not to use perfume during a fastday,it does not hurt to use it on the night before);(3) and medicinal bloodletting (N: or blooddonating) or cupping (0: as these, like the fast,weaken a person and could have a synergisticdebilitating effect).If someone abuses one while fasting, oneshould say to him, ""1 am fasting.""

THINGS THAT ARE UNLAWFUL OROFFENSIVE WHILE FASTINGIt is unlawful to kiss (0: or embrace, orpet with the hand) on fast-days for those it sexuallyarouses.

It is unlawful not to eat or drink anything(wisal) between fast-days, though it is not unlawfulif one has some water, even a mouthful, beforedawn.

It is offensive during the fast to taste food,or to use a toothstick (def: e3) after noon.

It is not offensive during the fastto line theeyes with kohl (def: e4.l(4)) or to bathe.

It is offensive (dis: w38) for anyone (0:whether fasting or not) to keep silent all day untilnight (0: when there is no need to) (A: needincluding the necessity of restraining the tonguefrom useless talking (dis: rl.l)).

MAKING UP MISSED FAST·DAYSSomeone obliged to make up some fastdaysof Ramadan is recommended to do so consecutivelyand immediately.It is not permissible for a person with someunperformed fast-days of Ramadan to delay makingthem up until the next Ramadan unless there isan excuse (N: for delaying)
If one delays until thenext Ramadan, one must pay 0.51 liters of food(def: h7.6(A:)) (N: to the poor) for each fast-daymissed, in addition to making it up
If making upa fast-day is delayed until a second Ramadancomes, then one must pay double this amount foreach day
And so forth: every year that passesupon an unfulfilled fast-day adds 0.51 liters to bepaid for that day
(0: But if one's excuse for notperforming them persists, such as travel or illness,then it is permissible for one to delay making themup as long as the excuse is present, even if it lastsfor years
One is not obliged to pay the penalty feefor this delay even if several Ramadans go by, butis merely obliged to make up the missed fastdays).If someone dies with unperformed fast-dayswhich he could have fasted but did not, then eachfast-day is paid for (N: by the responsible familymember) with 0.51 liters offood (N: or he can fastfor him (A: in place of paying for each day))
(0:As for someone who dies after two Ramadanselapse upon his missed fast-days, each fast is paidfor with 1.02 liters (n: double the above) of food(N: or the family member can both fast a day andpay 0.51 liters for each day (A: Le
the familymember may fast in the deceased's stead for theinitial nonperformance of the fast-day, though hecannot fast in place of paying the 0.51 liters of foodfor each year that making up a fast-day wasdelayed before the deceased's death, because thisis the legal expiation for the delay)
As for someonewho died before his excuse (n: for not fasting)ceased to exist, nothing at all is obligatory forhim).)*

It is recommended to fast:(1) on six days of the month of Shawwal, andthat they be the six consecutive days immediatelyfollowing 'Eid al-Fitr (0: their being consecutiveand their immediately following the 'Eid are twoseparate sunnas), though it is permissible to fastthem nonconsecutively;(2) on 9 and 10 Muharram;(3) on the full moon (lit
""white"") days ofevery lunar month, which are the thirteenth andthe two days that follow it;(4) on Mondays andThursdays;(5) on the first nine days of Dhul Hijja;(6) during the inviolable months, which arefour: Dhul Qa'da, Dhul Hijja, Muharram, andRajab;(7) (n: and on every other day, a fastdescribed by the Prophet (Allah bless him andgive him peace) as ""the most beloved fast toAllah"" (Riyad al-salihin (y107), 466)).The best fast-days, after Ramadan, are thoseof Muharram, then Rajab, then Sha'ban
(0: Ingeneral, the best month for fasting, after Ramadanand the inviolable months, is Sha'ban (A:there being no objection to fasting an entiremonth or just part of one).)It is recommended to fast on the Day of'Arafa (0: 9 Dhul Hijja), unless one is a pilgrimpresent at 'Arafa (def: j8), when it is better not tofast
It is not offensive for such a person to fast,though it is better for him not to.

FASTS THAT ARE OFFENSIVE OR UNLAWFULIt is offensive to fast every day of the year(0: besides the two 'Eids and the three days following'Eid al-Adha (n: these being unlawful tofast (dis: below) rather than offensive)) if thisharms one (0: in body or mind) or causes one notto do something one should do (0: for oneself orothers, even if merely recommended)
Ifnot, thenit is not offensive.

It is unlawful and not valid to fast (0:whether voluntarily, as a vow, or as a makeup) onthe two 'Eids or the three days following 'Eid alAdha.

It is also unlawful and invalid to fast on aday of uncertainty (N: as to whether it is the firstday of Ramadan), meaning that on 30 Sha'ban,someone who does not have the necessary qualifi-cations of a witness (def: i1.lO) mentions havingseen the new moon of Ramadan
Otherwise (0:when no one has mentioned seeing it, or when anacceptable witness has), then it is not considered aday of uncertainty.Fasting on a day of uncertainty is not valid asa day of Ramadan, though it can validly fulfill avow or a makeup fast
Voluntary fasting on such aday is only valid when one would have f;isted anywaybecause it falls on a day one habitually fasts,or when one has been fasting each day sincebefore mid-Sha'ban
If neither of these is the case,then it is unlawful and invalid to fast on it.It is unlawful to fast during the days after midSha'banunless one would have fasted anywaybecause they fall on days one habitually fasts, orunless one has been fasting each day since beforemid-Sha'ban.

(Nawawi: (n: with commentary byMuhammad Shirbini Khatib)) It is offensive tosingle out Fridays or Saturdays «Shirbini:) orSundays for fasting, i.e
to single out one of theabove-mentioned days when they do not coincidewith days one normally fasts
The fast of someonewho usually fasts every other day and whose fastcoincides with one of these days or with a day ofuncertainty is not offensive, because of the hadithrelated by Muslim,""Do not single out Friday for fasting unlessit happens to coincide with a fast one of youperforms,""similar days being analogous to Fridays in thisrespect) (Mughni al-muhtaj ila ma'rifa ma'anialfaz al-Minhaj (y73), 1.447)).

Once begun, it is unlawful to interrupteither an obligatory fast-day or an obligatoryprayer, whether it is current, a makeup, or vowed;though if it is nonobligatory (0: whether whollysupererogatory or linked with a particular eventor time), then one may interrupt it (0: but it isoffensive to do so if there is no excuse).*

It is sunna, at any time, to make spiritualretreat (i'tibf) in the mosque.

LAYLAT AL-QADRSpiritual retreat (i'tikaf) is especiallyrecommended in Ramadan, particularly in the lastten days of it, seeking Laylat al-Qadr (lit
""theNight of the Divine Decree"") (0: which is, asAllah Most High says,""better than a thousand months"" (Koran 97:3),meaning that spiritual works therein are betterthan works of a thousand months Jacking Laylatai-QadI
Indicating its excellence, the Prophet(Allah bless him and give him peace) said,""He who prays on Laylat al-Qadr in faith andexpectation of its reward will be forgiven his previoussins"").Laylat al-Qadr could be on any night ofRamadan (n: or any other month of the year,according to some (dis: w39))
It probably occurswithin the last ten nights, more likely on the oddnumberedones (N: remembering that the night ofan Islamic date comes before the day of that date),the twenty-first and twenty-third of which are thelikeliest (n: though most scholars hold it to be thetwenty-seventh (Mughni al-muhtaj ita ma'rifama'ani alfaz al-Minhaj (y73), 1.450))
On LaylataI-Qadr it is recommended to frequently repeat,""0 Allah, You are oft-relenting and love to forgive,so forgive me.""

HOW TO PERFORM SPIRITUAL RETREATAt minimum, spiritual retreat (i'tikaf)consists of:(a) staying, with the intention of spiritualretreat, for more than the least amount of timethat can be considered repose (A: i.e
a moment);(b) while being Muslim, sane, conscious,and free of major ritual impurity (0: i.e
ofmenstruation, postnatal bleeding, and majorimpurity (janaba));(c) in a mosque, even when this stay is nomore than entering the periphery and then leavingby the same entrance (taraddud), though tomerely pass through is insufficient,Optimally, the spiritual 'retreat (i'tikaf)should be accompanied by fasting, take place inthe Friday congregational mosque (0: because ofthe size of the group prayer therein, and so as notto have to leave to attend the Friday prayer), andbe no less than a day,

VOWING SPIRITUAL RETREAT INPARTICULAR MOSQUESIf one vows (def: JIS) to make spiritualretreat (i'tikaf) in:(1) al-Masjid al-Haram (n: in Mecca);(2) al·Masjid al-Aqsa (n: in Jerusalem);(3) or Masjid aI-Medina;then the vow cannot be fulfilled elsewhere.Spiritual retreat (i'tikaf) in al-Masjid al-Haramfulfills a vow to make spiritual retreat in either ofthe other two (n: al-Aqsa or Medina), but not viceversa (N: they do not fulfill a vow to make aspiritual retreat in al-Masjid al-Haram)
Spiritualretreat in Masjid ai-Medina fulfills a vow to do soin al-Masjid al-Aqsa, but not vice versa
If onevows to make a spiritual retreat in any mosquebesides these three, the vow can be fulfilled in anymosque whatever (0: since none besides thesethree is superior to any other).

Spiritual retreat (i'tikaf) is invalidated bylovemaking and by orgasm as a result of touching.

VOWS TO SPEND A CERTAIN CONSECUTIVEPERIOD IN SPIRITUAL RETREATIf one vows to make spiritual retreat for aconsecutive period, then one is obligated to do so.The consecutiveness of such a period is not nullifiedby leaving the mosque for something necessarysuch as eating (even when it is possible to doso in the mosque), drinking (provided it is not possibleto do so in the mosque), using the lavatory,attending to an illness, the onset of a menstrualperiod, or similar things; though one's spiritualretreat is interrupted by leaving the mosque tovisit a sick person, perform a funeral prayerGanaza), or attend the Friday prayer Gumu'a).

Touching another with sexual desire isunlawful for someone in spiritual retreat (i'tikaf).

It is not permissible for a wife to makespiritual retreat without her husband's permission.*

(0: Hajj and 'umra are obligatory because ofthe word of Allah Most High:""People owe Allah to make pilgrimage to theHouse, whoever is able to find a way"" (Koranand,""Complete the hajj and 'umra for Allah""(Koran 2;196),meaning, ""Perform both of them completely."")

(n: This section uses the following special vocabulary, in addition to someof the terms previously mentioned at fS.1:'Arafa: (syn
'Arafat) the name of a plain about thirteen miles to the eastsoutheastof Mecca.Hajj: the pilgrimage to Mecca.lhram: the state of consecration that pilgrims enter for hajj and 'umra.Labbayk: a litany meaning, ""Ever at Your service, 0 Allah, ever at Yourservice.""al-Masjid al-Haram: the Holy Mosque in Mecca that encompasses theKaaba.Safa and Marwa: two hillocks connected by a course adjoiningal-Masjid al-Haram.'Umra: the lesser pilgrimage or visit to Mecca that may be performed at anytime of the year.)

Both hajj and 'umra are obligatory,though neither is obligatory more than once in aperson's lifetime unless one vows (def: JIS) morethan that.

They are only obligatory for someonewho:(a) is Muslim;(b) has reached puberty;(c) is sane;(d) and is able (def: j1.6-lO) to make them.

The hajj or 'umra of someone consideredunable (non-(d) above) is valid (0: i.e
if heundertakes the hardship, travels, and stands at'Arafa (def: jS), it fulfills the obligation), thoughnot that of a non-Muslim, or a child below the ageof discrimination (fl.2) who is unaccompanied bya guardian.It is valid for a child of the age of discriminationto enter the state of ihram with his guardian'spermission (0: guardian meaning the person withlawful disposal over the child's property).It is also valid for the guardian to enter ihramon behalf of an insane person or a child below theage of discrimination, in which case the guardianhas his charge do as much as he is able, by havinghim (0: telling him to) perform the purificatorybath (ghusl), remove clothing that has seams, andput on hajj garments; and forbidding him thethings prohibited while in the state of ihram, suchas perfumes and the like (def: j3.5), after which hetakes him to the various places ofthe hajj rites (0:it being insufficient for the guardian to go alone),and performs the acts that the charge cannot dohimself, such as entering into ihram (n: which thecharge, lacking diserimination, is unable to makea legally valid intention for), the two rak'as aftercircumambulating the Kaaba, and stoning atMina
(N: But the hajj of someone who has notreached puberty does not fulfill the obligationIslam imposes, f!ince even though it is valid, it issupereroga tory .)

WHO IS CONSIDERED ABLE TO PERFORMTHE HAJJThose able to perform the hajj are of twotypes: those able to perform the hajj in person,and those able to fulfill the hajj by sending someonein their stead.

THOSE ABLE TO PERFORM THE HAJJ IN PERSONThe conditions for being considered ableto perform the hajj in person are:(a) to be healthy (0: enough to ride therewithout serious harm);(b) to
be able to obtain provisions for thetrip;(c) to have enough money to afford water atthe going price at the places people travel throughbecause of the water there;(d) to have transportation suitable to someonelike oneself (0: though if one cannotfind any,or if it is more than the usual price (A: usual meaningthat the fare to the hajj is no more than the fareto another destination of comparable distance),then one is not obliged to perform the hajj);(all of the above (0: (b), (c), and (d) applyequally to the journey there and back)(e) to be able to pay for (b), (c), and (d),round trip, with money one has that is in excess ofthe amount one requires to support the membersof one's family and clothe them while one is travellingthere and back, and obtain lodgings for oneself;and that is in excess of any money one owesfor debts, even those not yet due (0: scholars concurthat a debtor is not obliged to perform the hajjeven when his creditor does not mind postponingthe debt until after the hajj, and that a person isnot obliged to perform the hajj when someone iswilling to loan him the money to do so (N: thoughsuch a person's hajj would be valid, as previouslydiscussed 01.4)));(f) and that a route exist that is safe for one'sperson and property from predators and enemies,whether the latter be non-Muslims or whetherhighwaymen wanting money, even when theamount is inconsiderable (A: including socalledhajj fees, which are not countenanced bySacred Law)
If there is no route except by sea,then one must take it if it is usually safe, but if not,then it is not obligatory.(N: These are the conditions for the obligatorinessof the hajj or 'umra, meaning that if one ofthem is lacking, the hajj and 'umra are not obligatoryfor that year, though if one performs themanyway, one's performance validly fulfills the riteswhich Islam imposes, as mentioned above at j 1.4.)

The above conditions apply equally to awoman, who in addition requires someone toaccompany her to protect her, such as a husband,an unmarriageable male relative (mahram, def:m6.2), or some (0: two or more) reliable women,even if they are not accompanied by any of theirunmarriageable male relatives.

If the above conditions are met, but thereis no longer time to reach Mecca, then the hajj isnot obligatory
But if time remains, it is obligatory.

It is recommended to perform hajj as soonas possible (N: i.e
to perform it the first year thatone is able to, and likewise for 'umra)
One isentitled to delay it, but if one dies without performingit after having been able to, one dies indisobedience, and it is obligatory to take out thecost for it from the deceased's estate (n: just asdebts are, as at L4.3(1)) to pay for someone tomake it up (A: in the deceased's place (dis:below)).mOSE ABLE TO PERFORM THE HAJJ BYSENDING SOMEONE IN mEIR STEAD

The second type of being able to performhajj is when one may fulfill it by sending another inone's place, the necessary conditions for whichare:(a) that one is unable to ride there (0: at all,or is able, but with great difficulty) because ofchronic illness or old age;(b) and that one either has the money (n: tohire someone to go in one's place) or (N: iflackingthe money) has someone to obey one (0: byagreeing to perform the rites of hajj for one (N: attheir own expense, as a charitable donation)),even if not a family member-in which case one isobliged to either hire someone (N: in the formerinstance) or give permission to someone (N: in thelatter instance) to perform hajj in one's place.One may also have someone perform anonobligatory hajj for one undersuch conditions.

'THE PRIORITY OF 'THE OBLIGATORY HAJJOVER ANY O'THERIt is not permissible for someone who hasnot yet performed his own obligatory hajj:(1) to perform the hajj for someone else;(2) to perform a nonobligatory hajj;(3) or to perform hajj in fulfillment of a vow,or as a makeup.(N: If he does any of these, it counts insteadas his own obligatory hajj).

The order of performing hajj (0: or'umra) must be:(1) the obligatory hajj first;(2) then a makeup hajj (def: j3.14:(c)) if anyis due;(3) then a hajj in fullfillment of a vow, if anyhas been made;(4) and then a supererogatory hajj, Or one inanother person's place.If one tries to change this order, for example,by commencing a hajj with the intention for asupererogatory performance or a vow when onehas not yet made the obligatory hajj, the intentionis invalid, and the hajj counts instead as fulfillingthe obligatory one
The same is true for the otht;rtypes (A: i.e
if one intends any of the types in theorder just mentioned when a prior type existsunperformed, then one's hajj counts as fulfillingthe prior one, regardless of the intention).

WAYS OF PERFORMING THE HAJJI t is permissible to enter ihram with theintention for any of four ways of performing thehajj, which are, in order of superiority:(1) hajj before 'umra (ifrad);(2) 'umra first (tamattu');(3) hajj and 'umra simultaneously (qiran);(4) and the unconditional intention to performhajj and 'umra (itlaq).

HAJJ BEFORE 'UMRA (IFRAD)Hajj before 'umra (ifrad) means to performhajj (0: i.e
enter ihram for hajj) first (0:before subsequently entering ihram for 'umra) atthe ihram site for people from one's country (def:j2), then (0: after having completed one's hajj) togo outside the Sacred Precinct (Haram) and enterihram for 'umra
(0: There is no special place forthe second ihram: if one went to the closest placeoutside of the Sacred Precinct, it would suffice forthis ihram of 'umra.) (N: People generally go tothe Mosques of 'A'isha (Allah be well pleasedwith her) at aI-Tan'im because it is dose.)

'UMRA FIRST (TAMATTU')'Umra first (tamattu') (N: perhaps theeasiest and most practical way to perform hajj inour times, since one does not have to remain in astate of ihram throughout the week or more thatone is generally there between the initial 'umraand subsequent hajj) means to perlorm the 'umrafirst (0: before the hajj) by:(a) entering ihram for it from the ihram sitefor people of one's own country;(b) during the hajj months (def: j1.19);(c) and then (0: after finishing the 'umra)performing hajj within the same year from Mecca(0: meaning to intend hajj from Mecca (n: byentering ihram there), if one wants to have toslaughter (n: in expiation, as at j12.6(I)), whichrelieves one of the necessity to return to the ihramsite of people of one's country, though if onereturns to that site to enter ihram for hajj, thenone is no longer obliged to slaughter and one'sihram is valid).It is recommended to enter ihram for hajj on 8Dhul Hijja if one is performing 'umra first(tamattu') and has an animal to slaughter
But ifone does not have an animal, (0: one entersihram) on 6 DhulHijja (0: so that one's (N: threedayexpiatory) fast (N: in place of slaughtering(def: j12.6(I))) takes place before standing at'Arafa (A: since in the Shafi'i school, being inihram for hajj is obligatory during these three daysof fasting, though for theHanafi school, these daysmay be fasted before entering ihram for hajj, afterone's 'umra), thus fasting on the sixth, seventh,and eighth, and not on the Day of 'Arafa (N: theninth) if one was able to fast on the sixth, though ifnot, then fasting the Day of 'Arafa is mandatorybecause of the previous inability
If one does notfast it, it is a sin and the delayed fast-day is amakeup, as its obligatory time is before theDayof'Arafa)
One enters ihram for hajj in Mecca fromthe door of one's lodgings
Then one proceeds in astate of ihram to al-Masjid al-Haram as a Meccanwould (0: to perform a farewell circumambulation(tawaf al-wada', def: jl1.2) of the Kaaba,which is desirable (mustahabb) for non-Meccanswho are leaving Mecca to go to 'Arafa
For Meccans,the farewell circumambulation is obligatorywhen leaving Mecca, even for a short distance).

HAJJ AND 'UMRA SIMULTANEOUSLY (QIRAN)Hajj and 'umra simultaneously (qiran)means to enter ihram intending both (0: hajj and'umra) at the ihram site for people of one's country,and then perform only the rites of hajj
(0:Such that one does not perform an additional circumambulationor a second going between Safaand Marwa (def: j6), but rather once is sufficientto fulfill the obligation of both hajj and 'umra,because the actions of the 'umra have been incorporatedinto the actions of the hajj
The authormentions a second way of performing hajj and'umra simultaneously (qiran) by saying:)Or the person may enter ihram first for'umra, and then before beginning his circumambulation(0: even if only by a single step), incorporateinto his intention for 'umra the intention toperform hajj, this taking place in the months ofhajj.THE OBLIGATION TO SLAUGHTER OR FAST FORTHOSE PERFORMING THE 'UMRA FIRST(TAMATTlJ') OR HAJJ AND 'UMRA

SIMULTANEOUSLY (QIRAN)A Person performing 'umra first(tamattu') or performing hajj and 'umra simultaneously(qiran) is obliged to slaughter (N: a shah(def: h2.S) or to fast, as mentioned below),though if the person performing hajj and 'umrasimultaneously (qiran) lives within the SacredPrecinct (Haram) or within 81 km.l50 mi
of it, orif the person performing 'umra first (tamattu')returns to the ihram site for people of his country(N: after his 'umra) to enter ihram for hajj, or liveswithin 81 km.lSO mi
of the Sacred Precinct-inany of these cases he is not obliged to slaughter.If one (0: performing 'umra first (tamattu')or hajj and 'umra simultaneously (qiran)) isobliged to slaughter but:(1) lacks an animal there (0: i.e
in the SacredPrecinct (Haram), which is the place of theobligation to slaughter, lacks meaning absolutely,as when there is not an animal available that meetsslaughter specifications (def: j14.2));(2) or (0: there is an animal, but one lacks)its price (0: or has the price but needs the moneyfor expenses and the like);(3) or finds that it is being sold for more thanthe normal price for that locality and time;-then one must fast three days of the hajj
(0:For our school it is insufficient to fast them beforethe hajj, as opposed to the school of Abu Hanifa,in which it is permissible to fast them before thehajj (A: i.e
when performing the 'umra first(tamattu'), fasting them after having finished theinitial 'umra and before entering ihram for hajj).)It is recommended that these days be before theDay of 'Arafa (0: time permitting, as when onefasts from 1 Dhul Hijja after having entered ihramfor hajj
It is unlawful to delay these fast-days tillafter theDayof 'Arafa), and one must fast sevenadditional days after returning home (n: making atotal of ten fast -days).The time for current performance of thethree fast-days ends after the Day of 'Arafa (0:and it is not permissible to fast any of them on 'Eidal-Adha or on the three days following the 'Eid),and if one thus delays them, it is obligatory tomake them up before the other seven fast-days, byan interval between the three and seven fast-daysequal to the interval that would have separatedthem had they been a current performance,namely, the time taken by the trip (0: from Meccato home) plus four days (0: equal to the 'Eid andthe three days that follow it).

THE UNCONDITIONAL INTENTION TO PERFORMHAJJ AND 'UMRA (ITLAQ)The unconditional intention to performhajj and 'umra (itlaq) means to merely intendentering into the performance of rites, withoutspecifying at the time of ihram that it is for hajj,'umra, or hajj and 'umra simultaneously (qiran).After this, one may use it (0: the ihram, madeunconditional by the intention) as one wishes (0:meaning to perform hajj only, 'umra only, or hajjand 'umra simultaneously (qiran) (A: though onemay not use the unconditional intention as a wayto perform 'umra first (tamattu') without havingto either return to the ihram site to enter ihram forhajj, or to slaughter or fast (def: jl.l7))):

THE TIME OF YEAR TO ENTER IHRAM FORHAJJ OR 'UMRAIt is not permissible
to enter ihram for hajjother than during its months, namely, Shawwal,Dhul Qa'da, and the first ten nights of Dhul Hijja(A: with their days)
If one enters ihram for hajjduring non-hajj months, one's ihram counts for'umra.Entering ihram for 'umra is valid at any timeof the year except for a person on hajj encampedat Mina for stoning (def: jl0).*

The sites for entering ihram for hajj or'umra are as follows:(1) (N: people going to hajj from the Westbyplane must enter ihram before boarding it, or duringthe flight before it passes the airspace that iseven (def: j2.3) with the city of Rabigh, on thewestern coast of the Arabian Peninsula, this generallybeing announced on the plane);(2) Medina residents (N: or those travellingthrough Medina to Mecca) enter ihram at DhulHulayfa; .(3) residents of the Syria-Palestine region,Egypt, and North Africa enter ihram at al-Juhfa;(4) residents of al-Tihama in Yemen enterihram at Yalamlam;(5) residents of the Najd of Yemen and theNajd ofthe Hijaz enter ihram at Qarn;(6) and residents of Iraq and Khurasan enterihram at Dhat 'Irq, preferably at al-'Aqiq.

Someone at Mecca, even if merely passingthrough, enters ihram for hajj in Mecca, and for'umra must go (N: at least) to the nearest placeoutside of the Sacred Precinct (Haram), of whichthe best is al-Ji'rana, then aI-Tan'im, and then al-Hudaybiya.Someone residing closer to Mecca than theihram site is to Mecca should enter ihram (0: forhajj or 'umra) at his residence.

When coming by a route lacking an ihramsite, one enters ihram when even with (0: on theleft or right) the ihram site that is nearest.

For someone residing farther from Meccathan the ihram site is, to enter ihram at the ihramsite is superior (A: than for him to enter ihram athis own residence).

THE EXPIATION FOR NEGLECTING TO ENTERIHRAM AT THE PROPER SITESomeone intending hajj, 'umra, or both,who passes the ihram site (0: intentionally,absentmindedly, or in ignorance ofit) and entersihram somewhere closer to Mecca, is obliged toslaughter (def: j12.6(I)), though if he returns tothe proper site and enters ihram there before havingperformed a single rite, he is no longer obligedto slaughter.*

When one wishes to enter ihram, it isrecommended (even for a woman in menstruation)to perform the purificatory bath (ghusl),intending bathing for ihram
If there is not muchwater, one merely performs ablution (wudu).It is also recommended to shave pubic hair,pluek the underarms, clip the mustache, (0: trimthe nails,) clean oneself of dirt, and wash thehead.

OBLIGATORY MEASURES BEFORE IHRAMThen (0: if male) one:(a) sheds any garments that have sewing inthem (0: taking them off being obligatory forihram, which is incomplete if one does not removethem before entering it);(b) puts on a clean white mantle (Ar
rida',the rectangular piece of cloth worn over theshoulders that covers the upper body of a manin ihram) and wraparound (izar, the cloth wornaround the lower body), and sandals (0: that donot enclose the foot, but rather reveal the toes andheels, as opposed to sandals that cover the toes,for wearing such sandals obliges one to slaughter(def: jI2.6(II)));( c) and it is recommended to perfume thebody, though not one's clothes.The above measures 03.1) apply equally towomen, although women do not divest themselvesof sewn garments (0: a woman beingobliged to cover all of her body except the face andhands, which, in ihram as well as in prayer, are notconsidered nakedness)
It is recommended thatshe dye her hands and face with henna (0: a measurethat is desirable, and whose nonperformanceis without consequence)
(A: But women do notuse perfume.)All of the foregoing are done before enteringihram.

ENTERING IHRAMOne then prays two rak'as, provided it isnot a time when the prayer is forbidden (def: f13),intending the sunna of ihram
(0: It is sunna torecite al-Kafirun (Koran 109) in the first rak'a,and al-Ikhlas (Koran 112) in the second.)Then one rises to start travelling to Mecca.As soon as one begins travelling to Mecca, one hasentered ihram.Ihram (0: which is an integral of hajj and'umra) is the intention to enter into the performanceof the rites (0: of hajj, 'umra, or both(qiran))
One intends in one's heart to performthe hajj for Allah Most High, if one wants to performhajj; or to perform 'umra if one wants to; orboth together if one wants to perform them simultaneously(qiran)
It is recommended that onealso pronounce this intention with the tongue.

CHANTING ""LABBA YK""Then one chants ""Labbayk"" (n: asdescribed below), raising the voice (0: enough to(N: at least) hear oneself, the raising being relative.For the duration of the time one is in ihramone raises it enough for .those nearby to hear),though a woman should lower her voice when sayingit (0: as raising the voice is offensive for awoman) saying: ""Ever at Your service, 0 Allah,ever at Your service
Ever at Your service, Youhave no partner, ever at Your service
Verily, allpraise, blessings, and dominion are Yours
Youhave no partner"" (0: saying this three times).Then (0: after chanting the above) onerecites the Blessings on the Prophet (Allah blesshim and give him peace) in a softer voice, askingAllah Most High for paradise (0: saying, ""0Allah, I ask You for paradise and its blessings,""and asking for His good pleasure and acceptance(ridwan)) and seeking refuge in Him from hell (0:saying, ""I take refuge in You from Your wrath,and hell,"" and asking Him for whatever onewishes of the good of this world and the next).It is desirable to chant ""Labbayk"" for theduration of one's ihram, whether standing, sitting,riding, walking, lying down, and even in a state ofmajor ritual impurity (janaba), or for a woman inmenstruation
It is particularly desirable when:(1) changing from one state, time, or place toanother, such as when going uphill or down, orgetting on or off a vehicle;(2) meeting groups of people;(3) at the approach of dawn, night, ordaytime;(4) after prayer;(5) and in all mosques.One does not chant ""Labbayk"" while circumambulatingthe Kaaba or going between Safaand Marwa (0: as these have their own particularinvocations)
It is undesirable to stop chanting it inorder to speak, though if someone greets one with""as-Salamu 'alaykum,"" it is recommended (0:but not obligatory) to return his greeting.When one sees something pleasing (0: or displeasing)during ihram, it is recommended to say,""Ever at Your service, truly, the real life is the lifeof the hereafter"" (0: and if one sees the like whilenot in ihram, one says, ""0 Allah, truly, the reallife is the life of the hereafter,"" without saying""Labbayk.""

THINGS UNLAWFUL WHILE IN IHRAMFive things are unlawful (dis: j12.6) whenone has entered ihram
(n: Namely:(1) sewn garments on men (dis: j3.6);(2) using perfume (j3
7);(3) removing hair or nails (j3.8);(4) sexual intercourse or foreplay (j3.13);(5) and hunting (j3.21).)

SEWN GARMENTS ON MENThe first thing unlawful in ihram is wearingsewn clothing such as shirts, trousers, moccasins(khuff, def: e6), anything else sewn (N: sewnmeaning that which is for wearing, not just anysewing, as a patched mantle or wraparound arepermissible), and anything that encircles the bodyas sewn garments do, such as (N: those seamed)by being woven or felted together and the like.It is unlawful to cover the head with anything,sewn or unsewn, that is generally considered aheadeover (0: such as ahat, cloth, bandage(N: orblanket while sleeping)).It is permissible while in ihram to carry a (N:sewn) bag or the like, or to tote a basket (0: onone's head, though it is unlawful if one intends itas a headcover)
(A: It is permissible to carryan umbrella held in the hand for protection againstthe sun.)It is not permissible to fasten one's mantle bytucking part of it through a hole, tying it together,passing a string through one end and then theother, or by tying a string to each of the two ends(N: though it is permissible to fasten it togetherwith safety pins).It is permissible to tie one's wraparound (0:one end to the other) or tie a string over it (0: sothat it holds it fast, like a drawstring, and one maylikewise use a waistband) (N: the reason for thepermissibility (n: of tying the wraparound but notthe mantle) being that if the wraparound were tofall it would reveal one's nakedness, unlike themantle)
(n: Safety pins are permissible to fastenthe wraparound, and are useful to make pleats atthe waistline (jy safety-pinning two or three tucksof cloth there to gather the wraparound at thewaist and leave more freedom of movement forthe legs below.) (A: A belt may also be used tohold one's wraparound at the waist.)

PERFUMEThe second thing that is unlawful afterentering ihram is using perfume, such as musk,camphor, or saffron on one's clothing, body, orbedding
It is also unlawful to smell roses, violets,lilies, or anything fragrant; to sprinkle rose wateror flower water about; or to use scentedoils (N: or scented bar soap), whether to smellthem or to apply them to any part ofthe body.It is also unlawful:(1) to apply unscented oils like olive,sesame, and so on to the beard or scalp, unless oneis bald (A: in which case it can be used on the skinof the head), though it is permissible to smell themor apply them to any of the body (0: except thehair of the head and face);(2) to eat food in which the use of a cosmeticis manifest, whether in taste, color, or scent, suchas the scent of rose water, the color of saffron or itstaste, or the taste of ambergris in cooked grain andthe like;(3) or to use scented perspiration deodorantor eyeliner.

REMOVING HAIR OR NAILSThe third thing that is unlawful while inihram (0: for both men and women, but only ifone does so deliberately, knowing that it is unlawful,voluntarily, and remembering that one is inihram) is:(1) cutting or plucking hair (0: i.e
removingit by any means whatever), even if only part of asingle hair (by shortening it), and whether fromthe head, underarms, pubes, mustache, or anyother part of the body (A: the obligatory expiationfor one hair is to give O
51 liters of food to the poorin Mecca, and for two hairs, twice that amount.For three or more, a full expiation (clef: j12.6(Il))is obligatory);(2) or clipping fingernails or toenails, even ifonly part of one (A: my above remark on expiationsalso applies to nails).

THE EXPIATION FOR VIOLATING THECONDITIONS OF IHRAMIt is necessary to slaughter a shah (def: h2.5) (n: or perform one of the other alternativesmentioned below at j12.6(II)) when one is inihram and one:(1) uses perfume;(Z) wears a prohibited garment (def: j3.6);(3) removes three or more hairs, fingernails,or toenails (def: jlZ.6(II(1-Z)));(4) touches another person with desire in anongenital area;(5) or applies unscented oil to one's hair(dis: j3.7).

A person obliged to perform such an expiationmay fulfill it (A: any time thereafter.) in anyof the following ways:(1) by slaughtering a shah (def: hZ.5) (0:and distributing its meat to the poor and thoseshort of money in the Sacred Precinct);(Z) by distributing 6.09 liters of food (def:h7.6) to the poor in charity, giving 1.015 liters toeach person;(3) or by fasting three days (0: even ifunconsecutive) .

ACCIDENTALLY REMOVING A HAIRIt is unlawful during ihram to comb one'sbeard (N: or hair) or run one's fingers through it·ifone knows that hair will be pulled out.When one runs the fingers through one'sbeard or washes the face and then notices hair inone's hand, then if one knows one pulled it outwhile doing this, an expiation (def: jlZ.6(1l)) mustbe paid, though if one knows that it came out byitself, or does not know whether it did or not, thenone is not obliged to expiate.

The following things necessitate the expiation(def: jlZ.6(II)), but when done out of need,are not unlawful:(1) having to cut one's hair because of illness,heat, or lice;(2) having to wear something sewn becauseof intense heat or cold;(3) or having to cover one's head.

SEXUAL INTERCOURSE OR FOREPLAYThe fourth thing unlawful while in ihram issexual intercourse or touching a nongenital areawith sexual desire, such as kissing, hugging, ortouching lustfully.

If one intentionally has sexual intercoursebefore finishing one's 'umra, or while on hajjbefore partial release from ihram (def: j9.13),then:(a) this nullifies the hajj or 'umra;(b) it is nonetheless obligatory to completethe hajj or 'umra from the point at which it wasspoiled to the end;(c) it is obligatory to make it up as soon aspossible, even if the spoiled hajj or 'umra wasmerely supererogatory;(d) and it is obligatory to pay the expiation(def: below) (0: for the male, not the female, whoneed not do anything, though it is a sin if she participatedwillingly) (A: the more reliable positionis that if the woman was unwilling, none of theabove «a),(b), (c), or (d)) app1y to her, though ifwilling, (a), (b), and (c) apply to her but not (d)).

The expiation for the above U3.14) is toslaughter (A: and distribute to the poor of the SacredPrecinct, immediately):(1) a camel (0: i.e
a male or female thatmeets slaughter specifications (def: j14.2)), but ifthis is not possible (N: within the days ofthat hajj),then one must slaughter:(2) a cow, but if not possible, then:(3) seven shahs (def: h2.5), but if not possible, then:(4) one estimates the cost of a camel and howmuch food (def: h7.6) this would buy, and thengives that much food (N: to the poor in Mecca),but if not possible, then:(5) one fasts one day for every 0.51 liters offood that would have been given had (4) beendone
(N: One may fast anywhere, but it is notpermissible to delay it without an excuse.)

A person making up a hajj or 'uThra nullifiedby sexual intercourse must enter ihram forthe makeup hajj or 'umra at the same ihram site asthe original (n: nullified) hajj or 'umra, though ifone entered ihram for it at a location closer toMecca (N: than the ihram site (dis: j2.5)), onemust enter ihram for the makeup at the (0: prescribed)site (N: for those of one's country) ..

When someone (0: in ihram who intendsto make up a nullified hajj) is accompanied on themakeup hajj by the wife he made love to, he isrecommended to separate himself from her whilethey are at the place where they had intercourse.(N: Such a makeup counts as the original hajjor 'umra would have counted: ifit was obligatory,it counts as the obligatory one; if supererogatory,as supererogatory; and if vowed, as vowed.)

If a man has sexual intercourse after partialrelease fromihram (def: j9.13), it does not nullifyhis hajj (n: i.e
does not entail j3.14(a,b,e,d)),though he must pay an expiation (0: of the typediscussed at j12.6(1I)).

If one has sexual intercourse absentmindedly(0: forgetting one is in ihram or out ofignorance of its prohibition or because of beingforced), then one is not obliged to do anything (A:i.e
none of j3.14(a,b,c,d).

THE PROHIBITION OF MARRYING WHILEIN IHRAMIt is unlawful while in ihram to marry, orto marry someone to another (zawwaja, def:m3.2(a)) (0: whether one does so oneself orthrough an agent)
If one does so, the marriagecontract is invalid.It is offensive while in ihram to get engaged tomarry, or to serve as a witness for a marriage contract.

HUNTINGThe fifth thing that is unlawful while inihram is:(1) to kill any wild game that may be eaten byMuslims;(2) or to kill the offspring of matings betweengame animals that may be eaten byMuslims and game animals that may not be eatenby Muslims.Someone in ihram is obliged to pay the expiation(def: below) whenever such an animal dies athis hands, is destroyed by an act of his, or isinjured, in which case one must expiate in proportionto the part damaged.

THE EXPIATION FOR HUNTINGIf the animal killed has a domestic counterpart,one may fulfill the expiation in any of thefollowing ways:(1) to slaughter a head of domestic livestockthat is like the wild animal which was killed (0:like meaning an approximation, not actualresemblance
The criterion is the condition of theanimal, not its value
One expiates a game animalthat was, for example, large, small, healthy,diseased, fat, thin, or defective, with a head oflivestock of the same description, heeding the correspondences.It is a necessary condition that thewild animal and the head of livestock share, if theanimal was defective, the same type of defect,such as blindness (N: though it is permissible,indeed superior, to pay a healthy one for a defectiveone or a whole one for one that is lackingsome part));(2) to estimate the value of the like head oflivestock, and distribute an equal value of food(def: h7.6) to the poor;(3) or to fast one day for every 0.51 liters offoOd (N: that would have been bought had (2)been done).

If the animal killed does not have a domesticcounterpart, then one may fulfill the expiationin any of the following ways:(1) to distribute funds to the poor whichequal the value of the game animal, although if theanimal was a pigeon, one is obliged to slaughter ashah (def: h2.5) (0: which is obligatory for killingeven a single pigeon);(2) to buy food equal to the animal's valueand distribute it as charity;(3) or to fast one day for each 0.51 liters offood (N; that would have been bought had (2)been done).

The prohibition of all things unlawfulwhile in ihram applies to both men and women,except for not wearing sewnc10thing (def: j3.6)and not covering the head, which are restricted tomen.A woman, however, may not veil her face inihram (dis: (j12.6(11(3))))
If she wants to concealit from people, she may drape something in frontprovided it does not touch her face (N: such as aveil worn over a cap's visor), though if ittouchesitwithout her intention, it is of no consequence.It is permissible when in ihram to scratchone's head or body with one's fingernails as longas this does not remove any hair.It is also permissible in ihram to kill lice (N: orother insects harmful to humans), though if onekills a louse, it is recommended to expiate itsdeath by giving charity, even if only a single bite offood.*

It is recommended when one wants toenter Mecca:(1) to perform the purificatory bath (ghusl)outside of the city with the intention of enteringMecca;(2) to enter in the daytime, and from theMu'alla gate of Thaniyyat Kada' (N: a pass fromthe direction of Jedda);(3) to walk barefoot, provided one does notapprehend something unclean (najasa);(4) not to annoy anyone by jostling;(5) and after entering, to proceed toal-Masjid al-Haram.

WHEN ONE FIRST SEES THE KAABAWhen one first sees the Kaaba, it is recommendedto lift the hands and say: ""0 Allah,increase this house in nobility, honor, reverence,and dignity
Increase those going on hajj or 'umrawho honor and reverence it in honor, reverence,and piety
0 Allah, You are Peace, the Source ofPeace; 0 Lord, raise us after death in peace.""And then one asks Allah for whatever one wishesof religious matters or those of this world.

Then one enters al-Masiid al-Haram fromthe Bani Shayba door (0: even if it is out of one'sway, as it is sunna) prior to getting one's luggagedown or finding a place to stay and so forth (0:such as deciding to rest or to eat; all this should beput off until after circumambulating the Kaaba).Rather (n: by turns), some of one's party shouldstay with the luggage while others go to themosque (0: to circumambulate), and after theyfinish, they return to watch the luggage so the restcan go.(0: The arrival circumambulation (tawaf alqudum)is desirable for anyone who enters alMasjidal-Haram, whether in ihram or not.)

HOW TO CIRCUMAMBULATE THE KAABAPrior to circumambulating the Kaaba oneproceeds to the Black Stone (diagram: I) (0: nextto the Kaaba's door, on the east corner), drawingnear to it
if onc can do so without hurting othersby jostling
One faces the Black Stone, places thehand on it, and without a word, kisses the stonethrice and touches the forehead upon it thrice
(0:Touching, kissing, and placing the forehead onthe stone are only sunna for women when the circumambulationarea is vacant, whether in thenight or day.)

One ceases to chant ""Labbayk"" at thispoint, not to resume until after having finishedboth circumambulating the Kaaba and going betweenSafa and Marwa (def: j6)
One puts thecenter (N: of the top edge) of one's mantle underthe right arm and its two ends over the left shoulderso that the right shoulder is left bare (dis: j5.13, second par.).One begins circumambulating by first standingfacing the Kaaba with the Black Stone on one'sright and the Yamani corner (diagram: 8) on one'sleft, standing back from the stone a little towardsthe Yamani corner (n: i.e
behind the black stripein the marble pavement, extending out from thestone, that marks the beginning of one's circumambulation).One should intend performingthe circumambulation for Allah Most High (0:though this intention is only necessary for asupererogatory or a departure circumambulation,not for an obligatory or an arrival circumambulation,since the intention to perform the rites of hajjor 'umra (def: j3.3) includes the intention for thelatter two types of circumambulation).Then one:(1) places the hand on the Black Stone, andthen kisses it and places the forehead on it thrice,as mentioned above (A: i.e
it is done again hereto begin the circumambulation, just as it was donebefore circumambulation OS.2));(2) says ""Allahu akbar"" three times;(3) and adds, ""0 Allah, out of faith in Youand to affirm Your book, fulfill Your covenant,and follow the sunna of Your prophet Muhammad(Allah bless him and give him peace).""

Then one moves sideways (A: as is recommended)Black Stone with all of the body, while facing it.When past the stone, one turns (0: from facing it)so that the Kaaba is on one's left and then proceedsto circumambulate it
(0: If one did this (N:kept the Kaaba on one's left while passing thestone) from the beginning and neglected to facethe stone, it would likewise be permissible.)

At the Kaaba's door (diagram: 2) onesays, ""0 Allah, verily this house is Your house,the sanctuary Your sanctuary, the safety Yoursafety, and this is the station of him who tookrefuge in You from flIe"" (N: i.e
the Station ofIbrahim (diagram: 3), though some hold thewords mean ""him who takes refuge,"" alluding tooneself).

When one reaches the corner (diagram: 4)by the opening of the Hijr (n: a semicircular wallthat stands apart from the Kaaba (diagram: 5)),one says, ""0 Allah, I take refuge in You fromdoubt, from ascribing partners to You, from discord,hypocrisy, evil traits, and from bad turns offortune in money, spouse, and children.""

When even with the rainspout (N: calledthe Spout of Mercy (Mizab al-Rahma), at the topof the Kaaba (diagram: 6)), one says: ""0 Allah,shade me in Your shade on a day when there is noshade but Yours
Give me to drink from the cup ofYour prophet Muhammad (Allah bless him andgive him peace), a wholesome drink after which Iwill never thirst.""

Between the third corner (diagram: 7) andthe Yamani corner (diagram: 8), one
should say,""0 Allah, make this a pious hajj, a rewardeddfort, an accepted work, and a transaction thatwill never perish, 0 All-powerful and Oftforgivingone.""

When one reaches the Yam ani corner,one does not kiss it, but touches it and then kissesone's hand.

One does not kiss any of the Kaaba (0:meaning that it is not required, though if one kissesany of its parts, it is not offensive, but rather isgood) except the Black Stone
Nor does one touchany of it except the Yamani corner, which is theone before the Black Stone.

When one reaches the Black Stone, onehas completed a single round (0: provided its conditions(def: j5.16) have been met).

One goes around the Kaaba seven times(0: the seventh ending where one began, at theBlack Stone
One's circumambulation is incompleteas long as even a span remains between oneselfand the place even with the stone).

TROTTING FOR THE FIRST THREE ROUNDSIt is sunna in the first three rounds of circumambulationto hasten one's gait (N: if one cando so
without harming others) (0: taking closesteps, without running) which is termed trotting(ramal) (0: and which is desirable for men only,not women).Both trotting and baring the right shoulder(def: j5.3) are only called for in circumambulationsthat are followed by going between Safa andMarwa (def: j6)
If one wishes to go between Safaand Marwa after one's arrival circumambulation,then one does the two sunnas (0: both trottingand baring the shoulder at this point, but whenone later performs one's going-forth circumambulation(tawaf al-ifada, def: j9.1O), one does not dothese two sunnas because that circumambulationis not followed by going between Safa and Marwa(N: if one has already gone between thembefore)).But if one wishes to go between Safa andMarwa after the going-forth circumambulation(0: which is superior), one postpones the two (0:sunnas of trotting and baring the shoulder) untilthen.While trotting, one says, ""OAltah, make thisa pious hajj, a rewarded effort, and forgive mysins
""In the last four rounds of one's circumambulation,it is sunna to proceed at one's normal pace,while saying: ""My Lord, forgive me, show memercy, and pardon that which You know
VerilyYou are the AlIcpowerful and the Most Generous.Our Lord, give us what is good in this world andthe next, and keep us from the torment of hell.'Thissupplication is particularly recommended inthe odd-numbered rounds of the circumambulation(0: as they are superior
Reciting the Koranwhile circumambulating is better than makingsupplications that have not reached us throughprophetic hadith, though supplications from hadithare superior to reciting the Koran during it).14 It is recommended to kiss the Black Stoneif!
each round (0: and to place the forehead on it,each three times) and to touch the Yamani corner,particularly in the odd-numbered rounds.If it is not possible to kiss the Black Stonebecause of crowds or because one fears to hurtpeople (0: or be hurt) by jostling, one may touchit with one's hand and then kiss the hand
If this isnot possible, one may touch it with a stick (0: orthe like, such as a scarf) and kiss the stick
If thistoo is impossible, then one points to it (0: or theYamani corner) with the hand (0: and it is sunnato kiss one's hand).

A noteworthy detail here is that there is abuttress at the base of the Kaaba that resembles aledge and slide
It is part of the Kaaba, and whenone kisses the stone, one's head is in the spaceabove the buttress
So one is obliged to keep one'sfeet motionless until one finishes kissing the stoneand straightens up, after which one continues circumambulating.(N: One may not move one's feetas part of the circumambulation while one's headis within the space above the buttress, as it nullifiesthat particular round because of the condition(dis: j5.16(i)} that circumambulation be donearound the Kaaba, and not within its confines.) If.when leaning over to kiss the stone, one's feetmove even a finger's width towards the Kaaba'sdoor, and after this, one continues circumambulating,then that particular round does notcount (0: nor do the others that come after it, ifone limits oneself to just those seven, consideringthe spoiled one as a valid round
But if one adds anextra round (N: to make up for the irivalid one),then one's circumambulation is valid).It is more precautionary when one hasstraightened up from kissing the stone, to stepback to the left to'l¥ards the Yamani corner 05.2diagram: 8) enough to ensure that one is whereone was before kissing the stone
(N: The same istrue of touching the Yamani corner with one'shand.)

THE CONDITIONS OF A VALIDCIRCUMAMBULATIONThe conditions of a valid circumambulation(0: of any kind, obligatory or nonobligatory)are:(a) that one's nakedness (def: f5.3) beclothed, because the round is invalid wheneverany of one's nakedness shows, even a single hair ofa woman's head (0: meaning that the particularThe Buttress at theBase of the Kaabaround in which it showed is invalid, provided itwas done intentionally
If it happened inadvertentlyand the woman immediately covered it (A:immediately meaning after no more than the timerequired to say ""Subhan Allah""), then it does notinvalidate that round, though if she does not coverit until after it is showing, the subsequent roundtakes the place of the above-mentioned invalidone);(b) ritual purity (0: from minor (hadath)and maior (janaba) impurity) (n: though forHanafis
touching a marriageable member of theopposIte sex (N: despite being unlawful) does notnullify one's ablution (Maraqi al-falah sharh Nural-idah (y126), 17)
and considering the difficultyof avoiding it at a contemporary hajj, taking thedispensation seems a virtual necessity);(c) to be free from impure substances(najasa) on one's person, clothing, and the placeof walking while circumambulating;(d) that it take place within al-Masjid alHaram;(e) that one's circumambulation compriseseven full rounds;(f) that it begin from the Black Stone
asdescribed above, and that one pass by all of thestone with all of one's body, for if one begins fromanother part of the Kaaba, then the round doesnot count until one reaches the stone, fromwhence it begins;(g) that one keep the Kaaba on one's left andmove towards the door (j5.2 diagram: 1-2);(h) that eaeh round be outside of the Hijr(diagram: 5) sueh that one does not enter theopening between the Hijr and the Kaaba and thenexit through the other opening;(i) and that all of the body of the person circumambulatingbe exterior to all parts of theKaaba
such that while walking around it
onedoes not put one's hand in the space above thebuttress, previously mentioned (i5.15)
which violatesthe condition of being wholly outside all ofthe Kaaba while making one's rounds.

Everything besides the above conditions issunna (N: not obligatory), such as trotting in thefirst three rounds, the various supplications, andthe other things previously mentioned.TWO RAK'AS Af

When one has finished circumambulating,and after putting one's mantle over both shoulders,it is recommended to pray two rak'as for thesunna of circumambulation (0: and it is best toperform them) behind the Station ofIbrahim 05.2diagram: 3)
In the first rak'a, one recites alKafirun(Koran 109), and in the second, al-Ikhlas(Koran 112).After this, one supplicates Allah from behindthe station (0: if one prays there
Otherwise, onemay perform the two rak'as (N: in order ofsuperiority) in the Hijr (diagram: 5), al-Masjid alHaram,the Sacred Precinct, or whenever andwherever one wishes to pray them, and theyremain a current performance until the day onedies
It is sunna to recite the suras aloud in thesetwo rak'as if performed at night, and to recitethem to oneself if performed during the day
It isdesirable to make the supplication related byJabir, who said that the Prophet (Allah bless himand give him peace) prayed two rak'as behind thestation (N: of Ibrahim) and then said;""0 Allah, this is Your city, and al-Masjid alHaram,and Your inviolable house, and J amYour slave, the son of Your slave and bondwoman.I have come to You with many sins, mistakes,and wicked acts, and this is the station ofhim who took refuge in You from the fire; so forgiveme, verily You are the All-forgiving andCompassionate
0 Allah, You have called Yourservants to Your inviolable house, and I havecome, asking for Your mercy and seeking whatpleases You, and You are the Rewarder, so forgiveme and have mercy on me, verily You havepower over everything"").Then one returns to the Black Stone andtouches it (0: kisses it, and bows one's headupon it).*

Then it is recommended to exit throughthe Safa door of al-Masjid al-Haram if one wishesto go between Safa and Marwa immediately
(0:It is necessary for the validity of going betweenSafa and Marwa (N: for hajj) prior to the Day of'Arafa that one do so after one's arrival circumambulation(tawaf al-qudum) (N: though one maynot do so on an 'umra first (tamattu') hajj, forwhich the initial circumambulation and going betweenSafa and Marwa are part of one's 'umra(dis: j12.2(c))), nor do so after a supererogatoryor farewell circumambulation.) One may postponeit until after the going-forth circumambulation(tawaf al-ifada, def: j9.10) (0: which issuperior).

HOW TO GO BETWEEN SAFA AND MARWAOne begins from Safa
It is recommended:(1) for men (0: not women) to climb uponSafa the height of a person, so that one can see theKaaba through the mosque's door, and to face theKaaba;(2) to say: ""La ilaha ilia Llah, A1lahuakbar;' and ""There is no god but Allah alone,without partner
His is the dominion, His thepraise, He gives life and causes to die, all good isin His hand, and He has power over everything.There is no god but Allah alone, without partner.He kept His promise, give His slave the victory,and routed the Confederates alone
There is nogod but Allah
We worship none but Him, makingour religion sincerely for Him, though unbelieversbe averse"";(3) to supplicate for whatever one wishes (0:which is called for here because it is one of theplaces where prayers are answered
'Umar (Allahbe well pleased with him) used to supplicatelengthily here);(4) and to repeat (2) and (3) a second andthird time.

Then one descends from Safa and walks(0: towards Marwa) at one's normal pace untilwithin three meters of the first green marker suspendedfrom the left wall
Here one runs (N:women walk) until midway to the second greenmarker, at which midpoint one resumes one'susual pace until one reaches Marwa
One climbsMarwa and says the same invocation as was said atSafa
This is once.Then one descends from Marwa and returns,walking and running at the proper places, untilone reaches Safa
This is twice.At Safa one says the same invocation andsupplication, and then goes back to Marwa, whichis three times.One repeats the process until one has completedseven times, finishing at Marwa.

THE OBLIGATORY ELEMENTS OF GOINGBETWEEN SAFA AND MARWAThe obligatory elements (0: i.e
conditionsfor the validity) of going between Safa andMarwa are four:(a) to begin at Safa
If one begins at Marwaand walks to Safa, this does not count and one'sgoing between them is not considered to havebegun until one reaches Safa;(b) to traverse the entire distance
It wouldbe invalid if one neglected even a single span orless of the distance
One must begin by puttingone's heel against the wall at Safa, and finish atMarwa by putting the toes against the wall there(N: the course has now been enlarged and pavedso that one's going between them is completewithout having to reach the walls that are currentlythere
Rather, between the two sides of thepaved track (n: the lan'es for going and coming)there is a smaller track for wheelchair patients,and the ends of this smaller track currently representthe minimal distance);(c) to complete seven times: from Safa toMarwa equals one, from Marwa to Safa is anotherone, and so on, as mentioned above
If doubtsarise while going between them as to how manytimes it has been-or while circumambulating theKaaba
how many rounds have been done-thenone assumes one has done the least number one issure of and completes the rest (0: though if thedoubts arise after finishing, one net;d not do anything);(d) and that going between Safa and Marwatake place after the going-forth circumambulation(tawaf al-ifada, def: j9.10) or else after one's arrivalcircumambulation, provided that standing at'Arafa does not intervene between the arrival circumambulationand going between Safa andMarwa (dis: j6.1).

THE SUNNAS OF GOING BETWEEN SAFAAND MARWAThe sunnas of going betweep
Safa andMarwa are those previously mentioned (j6.2-3),to have ablution (wudu), that one's nakedness(def: f5.3) be clothed, and to say while betweenSafa and Marwa: ""My Lord, forgive, show mercy,and overlook that which You know
Verily Youare the Most Powerful and Generous
0 Allah,our Lord, give us what is good in this world andthe next, and protect us from the torment of hell
""If one recites the Koran (A: while going betweenthem) it is better (0: than anything besidesthe invocations that have reached us in hadith (A:i
e
the above), which are better here than recitingthe Koran).

It is not recommended to repeat going be- I .
.r-JI)p ';'X; 'iJ j6.6tween Safa and Marwa.*

On 7 Dhul Hijja it is recommended for theimam (A: i.e
the caliph or his representative) togive a sermon after the noon prayer (zuhr)inMecca (0: at the Kaaba), instructing the pilgrimsabout the rites they will soon perform, and orderingthem to go forth on the following day (0: themorning of the eighth) to Mina.

The imam goes forth with them after thedawn prayer (subh) on 8 Dhul Hijja.He prays the noon, midafternoon, sunset,and nightfall prayers with them at Mina, and theyspend the night and pray the following dawnprayer there
When the sun rises over the mountainat Mina that is called Thabir, they proceed to'Arafa.Spending the night and staying at Mina duringthis time are a sunna (0: and not part of thehajj rites
If one does not spend the night at Minaat all, or go there, it does not entail any consequences)that many people no longer do, butcorne to 'Arafa at the end ofthe night with lightedcandles
This lighting of candles is a disgracefulinnovation (0: as is their corning there a day ortwo before 9 Dhul Hijja, a mistake that contravenesthe sunna, and through which they missmany other sunnas).

It is sunna on the way to 'Arafa to say: ""0Allah, to You I betake myself, seeking Yournoble countenance
Forgive me my sins, make myhajj a pious one, show me mercy, and do notdisappoint me""; and to do much of chanting ""Labbayk,""invocation (dhikr), supplication, and Blessingson the Prophet (Allah bless him and give himpeace).Namira (N: the site of a large mosque) just before'Arafa, they stop, and do not immediately enter'Arafa
When the time for the noon prayer comes,it is sunna for the imam to give two sermons beforethe prayer, and then they pray, joining the noonand mid afternoon prayers together
This too is asunna that few follow.*

Then they enter 'Arafa after the sunnabath (ghusl) for standing at 'Arafa, chanting""Labbayk"" in lowliness and humility.

THE SUNNAS OF STANDING AT 'ARAFAIt is recommended to stand exposed to thesun (0: and not take shade beneath a tent,umbrella, or other, unless there is an excuse suchas harm from exposure) facing the direction ofprayer (qibla) with one's heart fully attentive andnot occupied with this-worldly matters, and to domuch of chanting ""Labbayk,"" reciting the Blessingson the Prophet (Allah bless him and give himpeace), asking Allah's forgiveness, supplicating,and weeping, for here tears are shed and mistakesannulled.The greater part of one's words should be:""There is no god but Allah alone, without partner.His is the dominion, His the praise, and Hehas power over everything."" And one should prayfor one's family, friends, and all Muslims.

It is recommended to stand (0: if possiblewithout hurting anyone) by the large round bouldersthat lie at base of the hill called Jabal alRahma(lit
""Mount of Mercy"")
As for climbingJabal al-Rahma, which lies in the middle of'Arafa, there is no merit in doing so (0: above themeI'lt of standing in other parts of 'Arafa)
Standingis valid anywhere in the whole expansive plain,and this bluff is merely a part of it, the same as anyother, though standing by the boulders below isbetter (A: as the Prophet (Allah bless him andgive him peace) did so).It is better to be mounted, and not fasting.It is best for women to sit at the edge of thecrowd (0: not in the middle of it, because menshould not randomly mix with women).

THE OBLIGATORY ELEMENTS OF STANDINGAT 'ARAFAThe obligatory elements of standing at'Arafa are:(a) to be present (0: while in ihram) in someportion of 'Arafa;(b) while sane and in full possession of one'sfaculties;(c) at some point between the noon prayer(zuhr) on 9 Dhul Hijja and dawn of the followingday
(0: It is sunna to remain at 'Arafa until sunsetso as to include both night and day.) Anyonewho is present and sane during any of this time,even if merely passing through for a moment, hasaccomplished the hajj (0: as the Prophet (Allahbless him and give him peace) said,""The pilgrimage is 'Arafa,""meaning that most of it is 'Arafa).Someone who misses standing at 'Arafa orwho spends it unconscious has missed the hajj, andhe releases himself from ihram by performing therites of 'umra; that is, by circumambulating, goingbetween Safa and Marwa, and cutting his hair,and he is thus released from his ihram.Such a person is obliged to make up the hajjand to slaughter as do those who perform an 'umrafirst (tamattu') hajj (def: j12.6(I)).*

When the sun sets on 9 Dhul Hijja, thoseon hajj go forth to Muzdelifa, occupied with invocation(dhikr), chanting ""Labbayk,"" proceedingwith tranquility and dignity, not jostling or injuringothers (though if the way is clear it is desirableto hurry), and they join the sunset and nightfallprayers in the time of the nightfall prayer (,isha) atMuzdelifa
(0: It is necessary to have made theintention to join the prayers while in the time ofthe sunset prayer.)When they reach Muzdelifa, they stop, pray,and spend the night there (0: which is best, andoptimal
If one cannot spend the night, then theobligation to be present at Muzdelifa can be metby coming there, even for a brief moment, duringthe second half of the night, for spending the nightmerely means to be present there during the secondhalf of the night, not actually staying overnight,as opposed to spending the night at Mina(dis: j10.4), which must be for the greater part ofthe night
If someone misses spending the night atMuzdelifa in the above-mentioned sense, does notreturn there before dawn, and has no excuse (N:of those given below), then he is obliged to slaughteras one does for an 'umra first (tamattu') hajj(def: j12.6(I))
But if he misses spending the nightthere for one of the same reasons which justify notspending the night at Mina (def: jI0.to), then he isnot obliged to slaughter
Other valid excuses fornot spending the night at Muzdelifa include:(1) being occupied with standing at 'Arafabecause of not having arrived there until after sunset,since it is more important than Muzdelifa;(2) or going forth from 'Arafa after themiddle of the night to Mecca in order to performthe (A: obligatory) going-forth circumambulation(tawaf al-ifada), missing Muzdelifa because ofbeing occupied with it, since it too is more importantthan Muzdelifa.In either of these two cases, one does nothave to slaughter (A: for having missed Muzdelifa)).In the morning, the pilgrims pray the dawnprayer at the first of its time.They also pick up seven pebbles, not onestone broken into seven (0: which is offensive), tothrow at the stoning site (AI
jamra, the enclosedround space with a pillar in the middle of it) atMina, and it is best that these be the size of abroadbean (N: i.e
about the size of athumbprint).

STOPPING AT AL-MASH'AR AL-HARAMAfter the dawn prayer, it is sunna to stopby a hill at the last of Muzdelifa (0: in the directionof Mina) called al-Mash'ar al-Haram (lit.""the Sanctuary Landmark""), which it is recommendedto climb if possible
(A: Others hold thataI-Mash'araI-Haramrefers to all of Muzdelifa.) Itis desirable to face the direction of prayer (qibla),to do much of chanting ""Labbayk,"" supplication,and invocation (dhikr), and to say, ""0 Allah, asYou have brought us to stand in it and shown us toit, so too, give us success in Your remembrance, asYou have guided us
Forgive us, and show us themercy You have promised us by saying (and Yourword is the truth):"" 'And when you move on from 'Arafa,remember Allah at al-Mash'ar al-Haram.Remember Him, for He has guided you thoughyou were astray
And then go forth from wherethe people go forth, and seek Allah's forgiveness.Truly Allah is Oft-relenting and Most Compassionate'(Koran 2:198-99).""Our Lord, give us what is good in this worldand the next, and keep us from the torment ofhell
""

When the day lightens considerably, thepilgrims proceed to Mina with gravity and tranquilitybefore the sun rises.

RELEASE FROM IHRAM:THE INITIAL STONING AT MINAWhen the pilgrims reach the valley ofMuhassir near Mina, it is sunna to quicken theirstep for a distance of a stone's throw
Then theytake the middle way which leads to (N: one of thethree stoning sites called) Jamrat al-'Aqaba
Theystone it as they are when they arrive (0: i.e
ifmounted, they stone it mounted, and if on foot,they stone it on foot) with the seven stones pickedup from Muzdelifa
These may be picked up fromanywhere, not necessarily Muzdelifa, though it isoffensive to take them from the stoning sitesthemselves, latrines (0: or other unclean places),or around mosques (0: which is not merely offensivebut rather unlawful if they are taken fromgrounds included in the endowment (waqf, def:k30) for the mosque).

When one begins to stone Jamrat al'Aqaba, one ceases chanting ""Labbayk,"" anddoes not resume it thereafter (0: as its time isover, which was the period of ihram, and stoningJamrat al-'Aqaba is the first step to release fromihram).The (0: optimal) way to stone lamrat al'Aqaba is to stand in the middle ofthe valley afterthe sun is up so that 'Arafa lies to the right, Meccato the left, and the stoning-site before one, and tothrow the pebbles one by one (0: as throwingthem two at a time or all at once counts as havingthrown one pebble) with the right hand, saying""Allahu akbar"" with each pebble, lifting the armshigh enough when throwing (0: if male, thoughnot if female) that the underarm shows, and toaetually throw the pebbles (0: meaning hardenough to be eonsidered throwing), not merelyflick them off the thumb with the forefinger
(n:The minimal conditions for the validity of stoningare given at j10.8.)

When finished stoning (N: Jamrat al-'Aqaba), one slaughters a voluntary sacrifice animal(hady) driven to hajj or one due by reason ofhajj (dis: j12.6); or other sacrifice animal (udhiya,def: j14).RELEASE FROM IHRAM: CUTrING THE HAIR

Then men have their entire head shaved,which is optimal, though one may confine oneselfto (0: removing (A: by any means)) three hairsthereof (0: i.e
from the head, not something elsesuch as the beard or mustache), or may merelyshorten it, for which the optimal is to dip a littleless than two centimeters from all the hair
.As for women, it is optimal for them toshorten their hair in the latter way (0: it beingoffensive for a woman to shave her head).

While having one's hair cut it is best:(1) to face the direction of prayer (qibJa);(2) to say ""Allahu akbar"" (0: that is,""Allahu akbar, Allahu akbar, Allahu akbar, walillahi l-hamd"");(3) for the person shaving to start from theright;(4) and to bury the hair afterwards (0: ameasure recommended for any parts separatedfrom a living being).

Cutting the hair is an integral withoutwhich the hajj remains unfinished (0: and whichmay not be compensated for by merely slaughtering),and a person remains in ihram until it isdone
Someone without hair can simply pass arazor over his head (0: which is recommended,not obligatory, because it is a rite whose conditionis the existence of a particular site, as is also thecase with washing a hand (n: for ablution) whenthe hand has been amputated (A: i.e
it need notbe done if the site does not exist).After one's hair, has been cut, it is sunna tosay, ""0 Allah, for each hair reckon for me a gooddeed, annul a bad one, and raise me a degree
For-give me, those who shave their hair, those whoshorten it, and all the Muslims"").

RELEASE FROM IHRAM: THE GOING-FORTHCIRCUMAMBULATION (TAWAF AL-IFADA)On the same day (A: 10 Dhul Hijja) oneenters Mecca and performs the going-forth circumambulation(tawaf al-ifada), which is an integralwithout which the hajj remains unfinished (0:the author's expression ""without which the hajjremains unfinished"" meaning that it may not becompensated for by merely slaughtering, thoughthe time it may be performed is anytime thereafter,according to our school
TheHanafis hold itmust be done by sunset On 12 Dhul Hijja, and ifthe sun sets and oile has not performed it, thisobliges one to slaughter), and one remains inihram until one does it
Its obligatory features areas described above (dis: j5.16).After it, one prays two rak'as (0: intendingthe sunna of circumambulation (def: j5.I8)).

Then, if one has already gone betweenSafa and Marwa after the arrival circumambulation(dis: j6.1), one does not repeat it, though ifone has not yet done it, one must do so, sincegoing between Safa and Marwa is also an integralwithout which the hajj is unfinished, and oneremains in ihram (0: legally, regarding one's relationswith women (dis: j9.13)) until it is performed.

RELEASE FROM IHRAM: GENERAL PROVISIONSThe best order in which to perform:(1) stoning Jamrat al-' Aqaba;(2) cutting the hair;(3) and the going-forth circumambulation(tawaf al-ifada);is (1), (2), and (3) (0: and the sunna is to do allthree on this day), though it is valid to do them insome other order.The time for these three begins at the middleof the night (A: between sunset of 9 Dhul Hijjaand dawn of the tenth) on 'Eid al-Adha (0:though it is best for the stoning to take place aftersunrise)
The (0: preferred) time for stoning Jamratal-'Aqaba ends at the end of the day of the 'Eid(0: at sunset
As for the permissible time, it lastsuntil the end of the three days after the 'Eid
Thebest time to stone on 'Eid al-Adha finishes atnoon
Thus, the stoning has three times: the best,the preferred, .and the merely permissible), whlIethe time for cutting one's hair and the going-forthcircumambulation lasts indefinitely, even if years.

The release from ihram in hajj is in twostages, partial (lit
""first"") and full (""second"").Partial release from ihram occurs when anytwo of the three rites of stoning, cutting the hair,and the going-forth circumambulation are performed,whether cutting the hair and stoning, cuttingthe hair and circumambulation, or stoningand circumambulation
Doing any two of themaccomplishes partial release from ihram, renderingpermissible all the things that were madeunlawful by ihram (def: j3.S) except those relatingto women, such as sexual intercourse, gettingmarried, or touching with desire.Full release from ihram occurs when all threerites have been performed, and it renders permissibleeverything made unlawful by ihram (0:though one still has to stone at the three stoningsites and stay overnight at Mina during the daysfollowing the 'Eid (Ayam al-Tashriq)).*

When finished with the going-forth circumambulation(tawaf al-ifada) and going betweenSafa and Marwa (0: Le
doing the latter ifone had not previously performed it after thearrival circumambulation (dis: j6.1)), one isobliged to return to Mina (0: to stay overnightthere and stone on the days following the 'Eid(Ayam al-Tashriq)
It is desirable to arrive beforenoon to perform the noon prayer there as theProphet did (Allah bless him and give himpeace)), and one spends the night there.One picks up twenty-one pebbles from Minaon the days after the 'Eid (the first of which is thesecond day of the 'Eid), taking care to shun thethree places mentioned above (dis: j9.4(end)).

After the time for the noon prayer hascome (0: on 11 Dhul Hijja, the first day after the'Eid) one stones with the pebbles before performingthe noon prayer.(N: It is well to, mention some, rulings about stoning that enable one to avoidthe crowding at Mina on a contemporary hajj
The time for stoning on each of thethree days that follow the 'Eid (Ayam al-Tashriq) begins at noon of that day andends at sunset on the third day after the 'Eid
This means that one may postponeall of one's stoning until the afternoon of the third day, having remained at Minauntil then
But in such a case, the correct order is still obligatory: one must beginby stoning with the intention of performing it for the first day, starting at the firststoning site (Jamrat al-Kubra), then the second site (Jamrat al-Wusta), and thenthe third (J amrat al-'Aqaba)
Then one stones with the intention of performing itfor the second day, the first stoning site first, then the second, then the third
Andthen one stones for the third day, observing the same order.)

THE PROPER SEQUENCE FOR STONINGThe first site one stones (0; called Jamratal-Kubra) is the one closest to al-Khayf mosque.One (A: optimally) walks up to it, keeping it onone's, left and facing the direction of prayer(qibla), stones it pebble by pebble as mentionedabove 09.5), and turns from the direction ofprayer to avoid others' pebbles, after which oneputs the stoning site behind one and again turns tothe direction of prayer, to supplicate and invokeAllah humbly and imploringly for as much time asit takes to recite al-Baqara (Koran 2) (N; about anhour).One then proceeds to the second site (0:called Jamrat al-Wusta), repeats the stoning procedure,and when finished, supplicates (0: andinvokes Allah Most High) for as long as it takes torecite al-Baqara.Then one goes to the third site, which isJamrat al-'Aqaba that was previously stoned withseven pebbles on 'Eid al-Adha, and stones it asone did at that time (dis: j9.5), facing it with thedirection of prayer (qibla) to the left, though whenfinished, one does not stand there.

THE SECOND DAY AFTER THE 'EIDOne is obliged to spend the night at Mina(A: that evening, after sunset on 11 Dhul Hijja).The following day, the second day after the'Eid (A: i.e
12 Dhul Hijja), one picks up twentyonepebbles, and after the noon prayer's time hascome, one stones the three stoning sites asdescribed above, seven pebbles at each g.jte
It isnot permissible to stone for each of the days afterthe 'Eid until after the noon prayer's time arrives.The correct sequence of stoning the sites isobligatory: the one closest to al-Khayf mosquefirst, the middle one second, and Jamrat al'Aqaba third.

It is recommended to take a bath (ghusl)each day for stoning.mE PERMISSIBILITY OF LEAVINGMINA ON mE SECOND DAY

After stoning on the second day after the'Eid, it is recommended for the imam to give asermoninforming people about the permissibility ofleaving early (A: on the second day rather thanthe third) (0: which is permissible provided:(a) that one's departure takes place after thenoon prayer's time has come;(b) after having stoned the three stoningsites;(c) that one's departure is from Mina itself,as it is not permissible to leave directly from Jamratal-'Aqaba, in view of the position that it is notpart of Mina;(d) that one intends leaving while within theboundries of Mina;(e) and that one leaves before sunset).Then the imam bids them farewell.

One then has a choice between leavingearly on the second day after the 'Eid, or waiting(A: until having stoned on the third day)
If onewishes to leave early, one may do so, provided thedeparture from Mina occurs before sunset
If thesun sets and one is still at Mina, it is not permissibleto leave early, and one is obliged to spend thenight there and stone the sites the next day.If one does not wish to leave early, one staysovernight at Mina, picking up twenty-one pebblesand stoning the sites on the following day after thetime of the noon prayer has begun, as previouslymentioned.

CONDITIONS FOR THE VALIDITY OF STONING(0: Having mentioned the conditions forstoning in various rulings above, it is well to enumerateall seven together:(a) that seven pebbles be used;(b) that they be thrown one by one;(c) that one's action may be termed throwing,not merely putting the pebbles into the throwingplace;(d) that what is thrown be some form ofstone;(e) that it be done with the hand, as a bow orfoot would be inadequate;(f) that one aim at the throwing place;(g) that one be certain that the pebblereaches it, even if it falls out again, for if onedoubts that the stone reached it, then that stonedoes not count;(the above seven conditions hold for both 'Eid alAdha(dis: j9.5) and for the days following the'Eid, though the days following the 'Eid requiretwo additional conditions:)(h) that the stoning be done after the time forthe noon prayer arrives;(i) and that one stone the three sites in theproper sequence (dis: j10.3).)

Then one (0: who has (n: remained atMina and) stoned on the third day after the 'Eid)leaves (0: after stoning
None of the conditionsfor leaving early (def: j 10.6) are necessary to leaveat this point).

VALID EXCUSES FOR NOT SPENDING THENIGHT AT MINA(0: If there is an acceptable excuse for notspending the night at Mina, then not doing so doesnot entail any consequences
Excuses include:(1) having property one fears to lose wereone to stay overnight;(2) fearing for one's person or the funds withone;(3) having a sick person with one whorequires care;(4) having an illness that makes spending thenight a hardship;(5) or a similar excuse.People in such circumstances do not have tospend the night, and may leave on the second dayafter the 'Eid, even after sunset.These excuses, which permit one to not spendthe night at Mina, likewise permit not spendingthe night at Muzdelifa, in connection with whichsome other excuses have been previously mentioned(dis: j9.1(1-2)).)

His recommended (N: afterleaving Mina)to spend the night at al-Muhassab, which is by themountain near the cemetery of Mecca, one's hajjnow being finished.

*

If one wishes to perform the 'umra, onemay do so (0: i.e
enter ihram for it) from anypoint outside of the Sacred Precinct (Haram), asmentioned below in the description of 'umra(def: jI2).

THE FAREWELL CIRCUMBULATIONWhen one wants to return home, onecomes to Mecca and performs the farewell cirvtmambulation(tawaf aI-wada') (0: as is obligatory.It is disobedience to Allah to leave withoutthe farewell circumambulation, and one mustreturn to Mecca to perform it if still within 81 km.l50 mi
of it
If farther than this, one is not obligedto return, but must slaughter (def: j12.6(l)) (N:i.e
if one goes by the position that the farewell circumambulationis obligatory, though slaughteringis sunna if one goes by the position (A: the weakerposition in the Shafi'i school) that the farewell circumambulationis merely sunna) .
The integralsand conditions of the farewell circumambulationare the same as the obligatory circumambulation(def: j5.16).The farewell circumambulation is not onlyfor those performing hajj or 'umra, but is requiredfrom (A: i.e
obligatory for) anyone leavingMecca a considerable distance, no matter whetherintending to return or not).

After the farewell circumambulation, oneprays two rak'as (0: a sunna in our school) andstands at the place between the Black Stone andthe door of the Kaaba, and supplicates: ""0 Allah,the house is Your house, the servant Your servantand son of Your two servants
You have carriedme on a creature You have made submissive tome, bringing me to Your city and showing meYour grace that I might fulfill Your rites
If Youare pleased with me then be the more so, and ifnot, then bless me now before my residence andthe place where I am visited grow far from Yourhouse
Now is the time I depart if You permit me,who seek none but You and no other than Yourhouse, and am not averse to You or Your house.o Allah, give me good health in body and protectme in my religion
Make my affilirs turn out welland give me the sustenance of obedience to You aslong as You let me live
Give me the best of thisworld and the next, for truly, You have powerover everything."" One blesses the Prophet (Allahbless him and give him peace), and then walksaway normally (0: turning one's back on theKaaba) without backing away from it (0: whilefacing it, as many people do, which is offensivebecause it is a reprehensible innovation (bid'a,def: w29.3))).

One then immediately prepares for departure.If one stops to stand (0: lengthily), orbecomes involved in something unconnected withtravel (0: like shopping
paying a debt, visiting afriend or sick person, and so forth), then one'sfarewell circumambulation is invalid (A: thoughsuch things do not nullify it in the Hanafi school)and it is obligatory to repeat it
But if one's activityconcerns travelling, such as making one's baggagefast or buying travel provisions and the like (0:such as a rope with which to tie up one's baggage)then it is permissible.

A woman in her monthly period maydepart without a farewell circumambulation, andneed not slaughter in expiation (0: though it issunna for her to come to the door of the mosqueand say the supplication mentioned above011.3).RECOMMENDED MEASURES FOR lHOSE

STAYING IN MECCAIt is recommended to do much of:(1) pedorming 'umra (0: the whole time oneis in Mecca, especially in Ramadan);(2) looking at the Kaaba (0: as it is said thatAllah Most High sends down one hundred andtwenty mercies day and night upon the NobleHouse, sixty for those circumambulating, forty forthose praying there, and twenty for those lookingat it);(3) drinking the water of the Well of Zamzamfor whatever intention one wishes, religiousor this-worldly (0: as the Prophet (Allah blesshim and give him peace) said,""The water of Zarnzam is for whatever it isdrunk for.""It is sunna to face the Kaaba while drinking, tobreathe three times, and say ""al-Hamdu lillah""and ""Bismillah"" each time one drinks), drinkingone's fill of it;(4) and visiting the noble places of Mecca(0: which are many, such as the birthplace oftheProphet (Allah bless him and give him peace) andthat of 'Ali (Allah be well pleased with him).

I t is unlawful to take the Slightest bit of theearth of the Sacred Precinct or its stones, or takecups or jugs made from the clay of the Sacred Precinctof Medina.*

The 'umra consists of entering ihram asone does for hajj (def: j3) (0: resembling the hajjin the obligatoriness of the intention when oneenters ihram, in the sunna of bathing (ghusl) for it,and in the necessity of divesting oneself of sewnclothing before or after the intention)
If one is aMeccan (N: or a temporary resident (dis: j2.2)),one must go to (n: enter ihram from at least as faras) the nearest place outside of the Sacred Precinct.If one is from outside (0: meaning astranger travelling towards Mecca), then oneenters ihram at the ihram site (0: which one passes,meaning the hajj ihram sites (def: j2.1)), aspreviously mentioned
All of the things unlawfulwhile in ihram for hajj (def: j3.5) are unlawfulwhile in ihram for 'umra.Then one enters Mecca and performs the circumambulation(def: j5.16) of 'umra, though thearrival circumambulation (tawaf al-qudum) is notcalled for by Sacred Law (0; at all, since one isperforming an obligatory circumambulation).One then goes between Safa and Marwa (j6),and finally shaves the head or shortens the hair(def: j9.7) (0: the former being preferable formen and the latter for women)
When this hasbeen done, one is released from the ihram of'umra.

THE INTEGRALS OF HAJJ AND 'UMRAThe integrals of 'umra are:(a) ihram (def: j3);(b) circumambulation (def: j5.16);(c) going between Safa and Marwa (def:j6.4);(d) shaving or shortening the hair (def: j9
7);(0: and performing them in the order given,which is a fifth integral).

The integrals of hajj are these four (n: (a),(b), (c), and (d) above) plus standing at 'Arafa(def: j8.4).The hajj's other requisites (wajibat, dis:c2.1(A:)) are:(a) that one enter ihram at the proper site(def: j2.1-2);(b) stoning the stoning sites at Mina (def:j9.4, JIO);(c) staying the night at Muzdelifa (def: j9.1)(N: another position is that this is sunna and notobligatory) ;(d) staying the nights following the 'Eid atMina (def: j10.1,4,7);(e) and the farewell circumambulation (def:j1l.2).Everything besides the above is sunna.

THE NONPERFORMANCE OF AN OBLIGATORYPEA TURE OF HAJJ OR 'UMRASomeone who does not perform an integral(N: of hajj or 'umra) remains in ihram until heperforms it.Someone who does not perform some otherobligatory feature of them must slaughter in expiation(def: j12.6(I)) (0: if he does not return andperform it before its time is finished, as in suchcases as:(1) returning to enter ihram at the propersite before one starts circumambulating (dis:j2.5), though if one returns after having begun circumambulating,it does not lift the obligation toslaughter;09.1), which necessitates slaughtering if one doesnot return before sunrise, though to do soafter sunrise does not lift the obligation to slaughter;(3) or not spending most of the night atMina, if one does not return to it before most ofthe time has passed, though if one does (n: returnwhile most of it remains), then one need notslaughter.And similarly for the other requisites)
Someonewho does not perform a sunna is not obliged to doanything.

BEING PREVENTED BY OTHERS FROMCOMPLETING THE INTEGRALS OF HAJJ OR'UMRA AFTER HAVING ENTERED IHRAMSomeone prevented by an enemy (0: nonMuslimor Muslim) from entering Mecca (0: andfulfilling the integrals (A: of hajj or 'umra, includingbeing barred from perforrniilg the obligatorycircumambulation (tawaf al-ifada) or going betweenSafa and Marwa) when there is noalternative route, releases himself from ihram byintending release from it, shaving his head, andslaughtering a sacrifice animal at the place he hasbeen prevented, if an animal is available
If not(0: such as when unable to find an animal at all, orfinding one for more than the going price of simi:lar animals at that place and time), one gives theanimal's value in food (A: wheat) (0: as charity tothe poor and those short of money in the SacredPrecinct (N: or place one is prevented)); or ifunable (0: to give food), one fasts a single day foreach 0.51 liters of food (A: wheat) that wouldhave been given had the latter been done (0: fastingthe days wherever one wishes
When fasting isthe only option possible, one is immediatelyreleased from ihram after shaving one's head withthe intention of releasing oneself).If such a· hajj or 'umra was to have beensupererogatory, one is not obliged to make it up.

A FULL SUMMARY OF THE EXPIATIONSCONNECTED WITH HAJJ AND 'UMRA(n: Muhammad 'Abdullah Jurdani distinguishes between four categoriesof expiations relating to hajj and 'umra.(I) The first category consists of alternatives in a fixed precedence order andpredetemined amount (dam tartib wa taqdir), meaning that one must eitherslaughter a shah (def: h2.5) meeting sacrifice specifications (def: jI4.2), distributingits meat to the poor and those short of money (def: h8.11) in the Sacred Precinct;or if unable to slaughter (N: from lack of money (def: j1.17(2)) while on thehajj, even if one has enough money back home), then one must fast three daysduring the hajj and seven more at home, making ten days
(N: If this expiation isfor something that should have been performed after standing at 'Arafa (n: (4),(5), (6), or (9) below), the three days ""during the hajj"" may be fasted after one'srelease from ihram while still in Mecca, or if one fails to do so while there (A: asis obligatory), they become a makeup fast that must be performed before theother seven fasted at home (A: by an interval equal to the days of one's journeyhome).)There are nine things which necessitate this type of expiation:(1) performing an 'umra first (tamattu') hajj (def: j1.15,17);(2) performing hajj and 'umra simultaneously (qiran, def: j1.16,17);(3) not standing at 'Arafa (def: j8.4);(4) to miss stoning (def: j10.8) at the stoning sites of Mina on the three daysafter the 'Eid, the time for which ends at sunset on the third day (dis: j10.2(N:))if one does not leave early (def: j10.6);(5) to miss all three nights at Mina after the 'Eid (def: j10.1A,7), though ifone only misses a single night, one distributes 0.51 liters of wheat to the poor ofthe Sacred Precinct, and if two nights, then double this amount;(6) to miss spending the night at Muzdelifa (def: j9.1, second par.);(7) not entering ihram at the proper site (dis: j2.5);(8) breaking one's vow (def: jI8.5);(9) or not performing the farewell circumambulation (tawaf al-wada', def:jI1.2).(II) The second category consists of expiations in which one is free to chooseone of three predetermined alternatives (dam takhyir wa taqdir), namely: toslaughter and distribute a shah as described above (I); to fast three days, even ifunconsecutive, wherever one wishes; or to give 1.015 liters of wheat to each of sixof the poor or those short of money at the Sacred Precinct.There are eight things which necessitate this type of expiation:(1) removal of three hairs (dis: j3.8) at one time and place, meaning that theinterval between removing each is not considered long (dis: f4.5), and one hasremained at the same place, though if their removal does not occur at a single timeand place, one must pay OSlliters of wheat to the poor or fast one day for eachhair, even iftheir number exceeds three;(2) trimming three nails at one time and place, with the same rules andrestrictions as just mentioned;(3) men wearing sewn garments or covering their head (dis: j3.6), or womencovering their faces (dis: j3.24);(4) using oil (def: j3.7(1));(5) using scent 03.7);(6) sexual foreplay (n: other than intercourse) (dis: j3.l3);(7) having sexual intercourse a second time after having spoiled one's hajj(dis: j3.14) by an initial sexual intercourse;(8) or having sexual intercourse between partial and full release (def: j9.13)from ihram.(III) The third category consists of expiations in a fixed precedence order ofalternatives involving estimate-based substitutes (dam tartib wa ta'dil)
It is necessitatedby two things.(1) The first is being prevented by another from completing all the integralsofthe hajj or 'umra (def: j12.5), in which case one must release oneselffrom ihramby slaughtering and distributing a shah as described above (1); or if unable toslaughter, one estimates its value, buys food for that amount, and distributes it tothe poor ofthe Sacred Precinct (N: or place one is prevented); orifunable to givefood, one fasts one day for each 0.51 liters of wheat that would have been givenif one had been able to.(2) The seeond is having spoiled one's hajj or 'umra by sexual intercourse(def: j3.14), in which case one must slaughter a camel, or if unable to, one mustperform the alternative one is capable of, of those mentioned at j3.IS.(IV) The fourth category involves choosing between alternatives consisting ofestimate-based substitutes (dam takhyirwa ta'dil) .It is necessitated by two things.(I) The first is killing a game animal while in ihram
where if there is adomestic animal of similar value (lit
""like""), one has a choice between the alternativesmentioned at j3.22, though ifthere is not, then those mentioned at j3.23.(2) The second is destroying a tree of the Sacred Precinct, where
if it is largein relation to other trees of its kind, one slaughters and distributes a cow, and ifsmall, one slaughters a sheep
In either case, one has a choice between slaughteringit and distributing its meat to the poor of the Sacred Precinct, estimating itscost and buying wheat to distribute to the poor of the Sacred Precinct, or fastinga day for each 0.51 liters of wheat that would have been bought had the latter beendone.(Mufid 'awam ai-Muslim in rna yajibu 'alayhim min ahkam ai-din (y67), 230-38))(N: Throughout the above, whenever one is obliged to slaughter an animal,it is permissible to commission (wakala, def: k17) another person to do so bymeans of the written contracts readily available at a modern hajj, simply payingan amount of money and signing the agreement
They then slaughter for one inthe early morning ot the 'Eid and distribute the meat to deserving recipients
Secondly,giving food or wheat to the poor, wherever it is mentioned in connectionwith expiations, means giving them the type of food that is valid for the zakat of'Eid al-Fitr (def: h7.6), and the remarks made in that section about the Hanafischool permitting other than wheat apply equally here.) (n: In the Hanafi school,slaughtering must take place in the Sacred Precinct, though one may distributeboth the meat and other expiations anywhere (al-Lubab fi sharh al-Kitab (y88),1.212,1.224).)*

It is recommended when one has finishedthe hajj to visit the tomb of the Prophet (Allahbless him and give him peace) (n: in Medina)
(0:One should enter his mosque with the right footfirst, as in any mosque, and say the well-knownsupplication: ""In the name of Allah, praise be toAllah
0 Allah
bless our liegelord Muhammad,his folk and his Companions, and give thempeace
0 Allah, open unto me the gates of Yourmercy."")

HOW TO VISIT THE PROPHET'S TOMBIt is recommended to pray two rak'as togreet his mosque, and then approach the nobleand honored tomb and stand at the head of it withone's back to the direction of prayer (qibla)
Onebows one's head and summons to mind reverentawe and humility, then greets the Prophet (Allahbless him and give him peace) and blesses him in anormal voice (0: saying: ""Peace be upon you, bMessenger of Allah
Peace be upon you,
0Prophet of Allah
Peace be upon you, 0 ChosenOne of Allah
Peace be upon you, 0 Best ofAllah's Creation
Peace be upon you, 0 Belovedof Allah""), after which one supplicates Allah forwhatever one wishes
Then one steps half a meterto the right to greet Abu Bakr, and again to theright to greet 'Umar (Allah be well pleased withthem)
Then it is recommended to return to one'soriginal place and do much of supplicating Allah,turning to Allah through the Prophet (tawassul,def: w40) (0: concerning one's aims and goals,since he is the greatest intermediary, in intercessionand other things), and invoking blessingsupon him (Allah bless him and give him peace),after which one supplicates beside the pulpit (minbar)and in the Rawda (N: which is the spacedesignated by the white pillars between thechamber containing
the noble tomb and thepUlpit).

It is unlawful to circumambulate thetomb.It is offensive to nudge the wall around thetomb with one's back or front, to kiss it, or touchit (0: with one's hand
Proper conduct here is tostand back from it as one would if present duringhis life (Allah bless him and give him peace)
Thisis what is right, and what scholars have said andare agreed upon
One should not be deceived bywhat some common people do in their ignoranceof proper manners, for it is reprehensible innovation(bid'a, def: w29.3)).One of the most disgraceful innovations is theeating of dates in the Rawda.

It is recommended to visit al-Baqi' (0: thecemetery of Medina
It is desirable to go to itevery day, for buried there are the wives of theProphet (Allah bless him and give him peace).some of his children, his father's brother 'Abbas,our liegelord 'Uthman ibn 'Affan the successor ofthe Messenger of Allah (Allah bless him and givehim peace), a number of his Companions(Sahaba), and Imam Malik, founder of the Malikischool of jurisprudence, the bliss and benefactionof Allah be upon them all).

When one desires to travel
one bidsfarewell to the mosque by praying two rak'as, andto the noble tomb with a visit and supplication.And Allah knows best.*

(0: Sacrifices are the livestock slaughtered inworship of Allah Most High between 'Eid aIAdhaand the last of the three days that follow it.They are a general hospitality from Allah tobelievers (A: to whom the meat is distributed
It isunlawful to give any of it to non-Muslims).}

'Eid al-Adha sacrifices are a confirmedsunna (def: c4.1) (N: which is considered obligatoryin the Hanifi school) (0: being sunnafor thoseable to slaughter, though uncalled-for from thepoor person who is unable).It is recommended for someone who intendsto sacrifice not to cut his hair or trim his nails on 10Dhul Hijja until he slaughters (0: these beingoffensive until he does)
The time for slaughteringbegins when it is long enough after sumise to haveperformed the 'Eid prayer (def: f19) with its twosermons (A: i.e
about forty minutes) (0: even ifone does not attend it) and it ends at (A: sunseton) the last of the three days following the 'Eid.

SACRIFICE ANIMAL SPECIFICATIONSOnly camels, cattle, sheep, or goats maybe slaughtered
At the youngest, camels must beover five full years, cattle and goats over two fullyears, and sheep over one full year.A single camel or cow fulfills the sunna forseven (A: men and their families), though a shah(def: h2.S) only fulfills it for one
1t is superior toslaughter a single shah than to have a share inslaughtering a camel.The best animal to sacrifice is a camel, then acow, then a sheep, and then a goat
The best kindof shah (h2.S) to slaughter is white, then tawnycolored,then black and white, and then a blackone.n is a necessary condition that a sacrifice animalbe free of defects that diminish (A: the qualityof) its meat
It is invalid to slaughter: .(1) a lame animal (0: that has an obviouswalking problem that hinders its going to pastureand thus weakens it);(2) a blind or one-eyed animal (0: whosedefect is manifest, as this diminishes its ability tograze);(3) a sick animal (0: whose infirmity isplain);(though if these defects are slight, the animal willsuffice
It is likewise invalid to sacrifice an animalthat is:)(4) deranged by malnutrition or insane;(5) mangy or scabrous (0: even when it isnot obvious);(6) with an ear that has been cut off or a pieceof it separated, even if not much (0: or one bornwithout an ear);(7) or missing a considerable part of thehaunch or similar meat-bearing portion (0:though not if it is a slight amount).It is permissible to sacrifice an animal with aslit in its ear (0: a measure for identification thatdoes not diminish the meat) or one with part or allof a hom broken off.

HAVING ANOTHER SLAUGHTER FOR ONEIt is best to slaughter (def: j17.4) the animaloneself (0: if one can slaughter well
If not,then it is obligatory to have someone who canslaughter properly do it for one)
If unable toslaughter well, it is recommended to be presentwhen it is done.

THE INTENTIONThe intention to sacrifice must be made atthe time of slaughtering
(0: It suffices the personwho is having another slaughter for him to makethe intention when he authorizes the other todo so.)

DISTRIBUTING THE MEAT1t is recommended that a third of the animalsacrificed be eaten, a third be given away (0:even if to wealthy Muslims), and a third be givenas charity (0: raw, not cooked).It is obligatory to give away some of the (0:raw) meat as charity, even if it is not much (0: itsuffices to give it to one Muslim), and the hide isgiven in charity or used at home.It is not permissible to sell the hide or meat(0: all of the above applying to sunna or voluntarysacrifices)
It is not permissible for a person whohas vowed (def: jI8) a sacrifice to eat any of theanimal slaughtered.*

(0: Lexically, 'aqiqa means the hair on ababy's head at birth
In Sacred Law, it means theanimal sacrificed when the baby's hair is cut,which is a confirmed sunna (def: c4.I).)

It is recommended for anyone to whom achild is bDrn to shave its hair on the seventh daythereafter (0: meaning any newborn, whethermale or female; a baby girl should also have herhair shaved) and give away in charity gold or silverequal to the weight of the hair.It is also recommended (N: when the baby isfirst born) to give the call to prayer (adhan, def:f3.6)in its right ear and the caD to commence(iqama) in its left.

THE SACRIFICEIf the baby is male, it is recommended toslaughter two shahs (def: h2.S) that meet 'Eid Sacrificespecifications (def: j14.2), while if the babyis female, it is recommended to slaughter one.(0: The person called-upon to slaughter for anewborn is the one obliged to support the child(dis: mI2.I).)After slaughtering, the shah is cooked (0: asat any feast) in sweet sauce, but none of its bonesare broken (A: it is cut at the joints), and it isrecommended to distribute the meat to the poor.

NAME-GIVINGIt is sunna to give the child a good namesuch as Muhammad or 'Abd aI-Rahman
(0: It isdesirable to name a child even if it dies beforebeing named.) (A: It is sunna for a new Muslim totake a good name like the above, or one of thenames of the prophets (def: u3.S) (Allah blessthem and give them peace)
)(0: This section is an explanation of what islawful (halal) and unlawful (haram), the knowledgeof which is among the most important concernsof the religion, since knowing it is personallyobligatory for every Muslim.)AVOIDING DOUB1FUL FOODSj16.1 (n: The following hadith and its commentaryhave been added here by the translator.)Anas (Allah be well pleased with him) relatesthat the Prophet (Allah bless him and give himpeace) found a date in his path, and said,""But for fear that it was charity, I would haveeaten it.""(Riyad al-salihin (yI07), 277)(Muhammad ibn 'Allan Bakri:) The hadithshows that when a person doubts that something ispermissible, he should not do it
The questionarises, Is refraining from it in such a case obligatory,or recommended?-to which our Imamsexplicitly reply that it is the latter, because a thingis initially assumed to be permissible and fundamentallynot blameworthy, as long as some priorreason for considering it unlawful is not knownabout it that one doubts has been removed
Forexample, when one doubts that one of the conditionsfor valid slaughtering (def: j 17 .2-4) has beenmet, conditions which make (N: a particular pieceof meat) lawful, the assumption is that it remainsunlawful (N: since initially the animal was alive, astate in which it is unlawful to eat, while it onlybecomes lawful by a specific procedure, i.e.Islamic slaughtering), so that the meat does notbecome lawful except through certainty (A: that ithas been slaughtered
The case of meats is exceptionalin this, since most other foods are initiallypermissible, and one assumes they remain sounless one is certain something has occurredwhich has made them unlawful).In cases of doubt, only likely possibilities aretaken into consideration, since it appears probable(n: in the above hadith) that dates for charitywere present at the time
As for remote possibilities,taking them into consideration onlyleads to a blameworthy extremism and departurefrom how the early Muslims were, for the Prophet(Allah bless him and give him peace) was givensome cheese and a cloak (A: by members of a nonMuslimArab tribe) and he ate the one and worethe other without considering whether they mighthave mixed the former with pork, or whether thewool came from a slaughtered or unslaughteredanimaL Were one to take such possibilities intoconsideration, one would not find anything lawfulon the face of the earth
This is why our colleaguessay, ""Complete certainty that something is lawfulis only conceivable about rainwater falling fromthe sky into one's hand"" (Dalil al-falihin It'turuqRiyad al-salihin (y25), 5.37-38).A..NIMALS LAWFUL AND UNLAWFUL TO EATj16.2 It is permissible to eat the oryx, zebra.hyena, fox, rabbit, porcupine, daman (n: a Syrianrock badger), deer, ostrich, or horse.j16.3 It is unlawful to eat:(1) (N: any form of pork products);(2) cats or disgusting small animals thatcreep or walk on the ground such as ants, flies, andthe like (0: disgusting being used here to excludeinoffensive ones such as the jerboa, locust, andhedgehog, which are small creeping animals, butare recognized as wholesome, and are pure);(3) predatory animals that prey with fangs ortusks, such as the lion, lynx, leopard, wolf, bear,simians, and so forth (0: including the elephantand weasal);(4) those which hunt with talons, such asthe falcon, hawk, kite, or crow, except for thebarnyard crow, which may be eaten;(5) or the offspring of an animal permissibleto eat and one not permissible to eat, such as amule (0: which is a cross between one eaten, thehorse, and one not eaten, the donkey).j16.4 It is permissible to eat any aquatic game(sayd al-bahr) except frogs and crocodiles.OTHER SUBSTANCES UNLAWFUL TO EATj16.5 It is unlawful to eat anything harmful,such as poison, glass, or earth
(A: If somethinghas been proven harmful, it
is unlawful to consume,while if suspected to be harmful, it is offensIveto.) (n: w41 discusses cigarette smoking.)j16.6 It is unlawful to eat anything impure(najasa, def: e14.1) (0: whether impure in itself,or because of being affected with somethingimpure, as is the case with (N: befouled) milk, vinegar,or honey).It is also unlawful to eat substances which arepure, but generally considered repulsive, such assalive or sperm.j16.7 If forced to eatfrom a unslaughtered deadanimal (0: out of fear of losing one's life or fear ofan illness growing worse), then one may eatenough (0: the necessary minimum) to avertdestruction (0: meaning enough to keep life fromending
One may not eat to repletion from a deadanimal unless one believes that confining oneselfto the survival minimum entails dangerous consequences,in which case it is obligatory to take theedge off one 's hunger)
If circumstances force oneto choose between a dead animal and some permissiblefood belonging to someone else (0: whois not present), one is obliged to eat of the deadanimal.*

It is not permissible to eat any animal (0:that Muslims are permitted to eat) until it has beenpropeJly slaughtered, the only exceptions towhich arc fish (def: j16,4) and locusts, which arepermissible to eat even when they dieunslaughtered.

It is unlawful to eat meat slaughtered by aZoroastrian, someone who has left Islam (murtadd,def: 08), or an idol worshipper, (0: includedwith whom are those (zanadiqa) with corrupt convictionsabout tenets of faith that are well-knownas essential parts oflslam (def: books u and v),)ora Christian of the desert Arab tribes (0: theupshot of which is that it is a necessary conditionthat the slaughterer be of a people whose women ,we are permitted to marry, whether Muslims,Jews, or Christians).

It is permissible to slaughter with anythingthat has a cutting edge; but not a tooth, bone, orclaw, whether human or otherwise, attached tothe body or not.

The necessary condition for slaughteringany animal which is within one's capacity toslaughter (0: domesticated or wild) is to cut boththe windpipe and the gullet (0: windpipe meaningthe channel of breath, and gullet meaning thechannel of food and drink which lies beneath thewindpipe.It is not necessary for the validity ofslaughtering to cut the carotid arteries, which aretwo blood vessels on the sides of the neck encompassingthe windpipe.If the slaughterer neglects to cut any part ofeither the windpipe or gullet and the animal dies,it is considered an unslaughtered dead animal, asis an animal with nothing but purely reflexivemovement left when one finishes cutting a part ofthe windpipe or gullet previously missed
If theslaughterer cuts from the back of the neck until hesevers the windpipe and gullet, it is a sin becauseof the excess pain caused (A: though it is valid asslaughtering
Chopping off heads of chickens witha hatchet is offensive, though the meat is lawful).The slaughterer should cut swiftly and nottake his time such that he has to cut two or moretimes
If he does, and there is no life remaining inthe animal on the second swipe, then the animal(A: has died unslaughtered and) is impermissibleto eat
The determining factor is whether liferemains in the animal when the knife is applied atthe beginning of the last stroke (A: the one whichsuccessfully severs both the windpipe and gullet),no matter whether this is the second or third).

It is recommended when slaughtering:(1) to turn the animal towards the directionof prayer (qibla);(2) to sharpen the knife;(3) to cut rapidly (0: even faster than isobligatory, such that it does not take two or moreswipes, as mentioned above);(4) to mention Allah's name (0: for thespiritual grace therein, saying ""Bismillah,"" as issunna) (A: this is obligatory in theHanafi school);(5) to bless the Prophet (Allah bless him andgive him peace);(6) and to cut the large blood vessels (0: oneither side of the neck).

It is recommended to slaughter camels bythrusting the knife (0: into the hollow at the baseof the neck (A: between the two collarbones)above the chest so that one severs them (A: thewindpipe and gullet) in this concavity, since it iseasier than cutting the throat, for it speeds the exitof the spirit from the body by bypassing the lengthof the neck, being the preferable way to slaughterany animal with a long neck, such as a duck,goose, ostrich, or giraffe), with the camel leftstanding, one foreleg bound up.

I t is recommended to slaughter other thancamels (0: such as cattle, sheep, goats, or horses(A: by drawing the knife) across the throat at thetop of neck) after laying them on their left side.(0: Slaughtering them this way is only called for toeasily enable the slaughterer to hold the knife inhis right hand and the animal's head with his left.It is also sunna for the animal's legs to be bound,except the right hind leg, so the animal will notjerk during slaughtering and cause the slaughtererto miss his mark
The right hind leg is left free inorder to pacify the animal by giving it somethingto move).

It is a necessary condition that theslaughterer not raise his knife-hand whileslaughtering (0: while drawing it across the neck).If he lifts it before completely severing both thewindpipe and gullet, and then returns to cut them,the animal is not lawful to eat.

HUNTINGAs for hunting, a game animal is lawful toeat whenever one hits it with an arrow (A: oraccording to the Maliki school, shoots it with arifle or shotgun) or brings it down with a trainedhunting animal (A: such as a falcon or dog) (0:but only if trained), and it dies before one canslaughter it (0: that is, provided that one did notreach it when there was any life left in it besidesreflexive motion
If one reaches it while it is aliveor any life remains, then one must properlyslaughter it), provided that the hunter is not blind,is of a people whose slaughtered food Muslimsmay eat (def: j17.2), and provided that the animaldoes not die from being struck by the mere weightof the arrow, but rather dies by its edge (0: meaningthat it hits the animal point-first, wounding it).If the game was brought down by a trainedhunting animal, it is a necessary condition that theanimal ate nothing of the game.If the game animal dies from being struck bythe weight of the trained hunting animal (A: as infalconing), then the game is lawful to eat.

A game animal is not lawful to eat if:(1) an arrow hits it and it then drops intowater (0: because of the likelihood that it diedfrom drowning (N: if that is probable) rather thanfrom being shot);(2) it is brought down on a peak which it thenfalls from (0: because of the likelihood that it diedfrom the fall);(3) or if it disappears after having beenwounded and is found dead (0: because it mighthave died for some other reason than beingwounded (N: though if it is obvious that it diedfrom the wound, it is lawful to eat)).

A camel or other (0: domestic animalsuch as a cow, sheep, goat, or horse) that straysand cannot be retrieved, or that falls into a welland cannot be gotten out may be made lawful toeat by shooting it (0: because of the impossibilityof slaughtering it), no matter where one hits itsbody (N: provided one mortally wounds it).And Allah knows best.*

(0: Lexically, the word vow means anypromise
It is legally defined as making obligatorysome act of worship that was not originallyobligatory in Sacred Law, such as a supererogatoryprayer or fast, and the like
There is a differenceof opinion among scholars whether a vow initself is an act of worship or whether it is offensive.The strongest position is that it is an act of worshipwhen made to perform a pious act (A: since AllahMost High describes the pious as ""fulfilling theirvows"" (Koran 76:7)), for it is an intimate discoursewith Allah Most High; though it is offensivein the heat of an argument.)(A: The advantage of a vow is that one mayobtain the reward of an obligatory act by fulfillingit
Its drawback is that unlike broken oaths, whichmay be expiated (dis: 020), there is no way to liftthe vowed action: it remains obligatory unless oneis physically unable (N: in which case one performsan alternative (n: e.g
giving food in place offasting) if there is oneill Sacred Law)
For thisreason, many pious and learned Muslims avoidmaking vows.)

A vow (0: to perform some pious act) isonly valid:(a) if made by a Muslim who is legallyresponsible (mukallaf, def: c8.1);(b) when it concerns some act of worship (A:meaning, for the Shafi'is, any recommended act,though for the Hanafi school it can only be an actthat is similar in kind to an obligatory form of worship(n: such as prayer, fasting, or hajj));(c) and is stated in words such as ""I herebyowe Allah to perform such and such,"" or ""1 amhereby obliged to do such and such.""(0; A vow to do something that is merely permissible,such as standing, sitting, eating, or sleeping,is not legally valid because these are not actsof worship; the reason being the hadith related byBukhari that the Prophet (Allah bless him andgive him peace) passed a man standing in the sunwithout seeking shade, whom he inquired aboutand was told that it was Abu Isra'il, who hadvowed to stand while fasting without sitting, takingshade
or speaking; to which he replied,""Pass by him and have him sit in the shadeand speak, but let him finish fasting.""By act of worship, our author means acts thatare supererogatory and not obligatory, since anoath to undertake an obligatory act is invalidwhether it involves performance of something,such as an obligatory prayer or fast, or nonperformanceof something, such as vowing to abstainfrom wine or fornication and the like
Such vowsarc not valid to begin with, as Allah has madethese obligatory and ""obligating oneself to dothem"" is meaningless.The obligatory acts which are not valid to voware restricted to the personally obligatory
As forthe communally obligatory (def: c3.2), a vow todo such an act obliges one to fulfill it, because it isan act of worship not originally obligatory in thelaw, meaning not initially called for from any particularperson
)

GENERAL PROVISIONS REGARDING VOWSA valid vow to do an act of worship makesthe act obligatory.

One must fulfill a vow that one has madeconditional upon the occurrence of some event,such as by saying, ""If Allah heals my sick friend, Iam obliged to do such and such"" (0: of fasting,praying, or charity), which becomes obligatory ifthe sick person regains his health.

If someone makes a vow by way of argumentand in anger, saying, for example, ""If Ispeak to Zayd, I am obliged to do such and such,""then if he speaks to Zayd, he has a choice betweendoing what he has vowed, or else paying the expiationfor a broken oath (def: 020).

If one vows to perform the hajj riding butinstead does so on foot, or vows to perform it onfoot but then does so riding, this accomplishes thevow, though one isobJiged to slaughter (0: as onedoes for an 'umra first (tamattu') hajj (def:jI2.6(1)).(N: Because the vowed walking or riding hasbecome one of the obligatory elements of one'shajj, the expiation for its nonperformance is asother unperformed obligatory acts of hajj, and ifsuch a person lacks a shah (def: h2.5) or lacks themoney for it, he may fast
As for a person whovows to do something unconnected with the hajjand finds he cannot fulfill it
he performs a valid Ialternative if one exists in Sacred Law (dis:j18.0(A:)).If there is no valid alternative in SacredLaw, he remains responsible for performingthe vowed act.)(0: If one does not fulfill a vow because ofbeing unable to or because of forgetfulness, it isnot a sin, but one must slaughter, an obligationthat incapacity or forgetfulness does not lift
Tosummarize, the sin (A: of not fulfilling one's vow)only exists when one is capable of fulfilling it, notwhen one is incapable, though someone who doesnot fulfill a vow because of incapacity must slaughtera shah meeting sacrifice specifications (def:j14.2).)

If one vows to go to the Kaaba, Masjid alMedina,or al-Masjid al-Aqsa (n: in Jerusalem),then one is obliged to
If one vows to go to theKaaba, then one must perform hajj or 'umra (0:beeause hajj and'umra are what is fundamentally.intended in Saered Law by going to the SacredPrecinct, and the vow is interpreted according tothis convention of the Law as a vow to performeither hajj or 'umra)
If one vows to go to MasjidaI-Medina or al-Masjid al-Aqsa, then one musteither perform the prayer or else spend a period ofspiritual retreat (i'tikaf, def: i3) in the mosque (0:i.e
one is entitled to ehoose between prayer orspiri tual retreat).If one vows to go to some other mosque, thevow does not oblige one to do so (dis: i3.4(end))(0: since travelling to other mosques is not an actof worship (N: that is, if intended for itself, thoughif one intends it in order to perform the prayer orfor spiritual retreat therein, it is an aet of worship

)).If one vows to fast for the whole of a particularycar, one does not have to make up daysnot fasted on the two 'Eids or the three days following'Eid al-Adha (dis: i2.3), or the days fastedduring Ramadan, or the days a woman missesduring her monthly period or postnatal bleeding.

Someone who vows to perform the prayer(A: but does not specify how much) must pray tworak'as.

(0: The legal basis for sale , prior to scholarlyconsensus (ijma'), is such Koranic verses as theword of Allah Most High,""Allah has made sale lawfuL,,"" (KoranThe more reliable of the two positions reportedfrom our Imam (Allah Most High be well pleasedwith him) is that this verse is general in meaning,referring to all sales except those specificallyexcluded by other evidence
For the Prophet(Allah bless him and give him peace) forbade varioussales but did not explain the permissible ones,his not doing so proving that the initial presumptionfor the validity of a sale is that it is lawful
Thisis also borne out by hadiths such as the one inwhich the Prophet (Allah bless him and give himpeace) was asked what type of earning was best,and he answered,""The work of a man's own hand, and everypious sale,""meaning sales free of cheating and deceit
Hakimrelated this hadith, which he classified as rigorouslyauthenticated (sahih).Lexically, sale means to transact somethingfor something else: In Sacred Law it means toexchange an article of property for other propertyin a particular way
Its integrals are six:(a) the seller;(b) the buyer;(c) the price;(d) the article purchased;(e) the spoken offer;(f) and the spoken acceptance.)(N: Sale (bay'), wherever it is used in the rulingsbelow, refers to both exchanging goods formoney and exchanging them for other goods (n:i.e
barter).)

A sale is not valid unless there is a spokenoffer (0: by the seller) and spoken acceptance (0:by the buyer)
Offer means the statement of theseller or his agent (wakil, def: k17) ""I sell it toyou"" or ""I make it yours."" Acceptance means thestatement of the buyer or his agent ""I buy it"" or ""Itake possession of it"" or ""I accept.""(A: Regarding mu'atah, which is giving theseller the price and taking the merchandise withoutspeaking, as when buying something whosecost is well known, Bajuri notes, ""Nawawi and agroup of scholars have adopted the position thatsales conducted by it [A: mU'atah] are valid for alltransactions that people consider sales, since thedetermining factor therein is the acceptance ofboth parties, and there is no decisively authenticatedprimary text stipulating that it be spoken, socommon acknowledgement ['urf, def: f4.5] is thefinal criterion [A: as to what legally constitutesacceptance]"" (Hashiya al-Shaykh Ibrahim alBajuri(y5), 1.355).)(N: The category of mu'atah also includessales conducted by means of vending machines(A: provided it is clear what one is buying beforeone puts the money in the machine).)It is permissible for the buyer's acceptance toprecede the offer, such as his saying, ""I buy it forso-and-so much,"" and for the seller to reply, ""Isell it to you."" It is also permissible to say, ""SelHtto me for so-and-so much,"" and for the seller toreply, ""I sell it to you."" All of these areunequivocal expressions
Sales can likewise beeffected, if the intention exists, by equivocalexpressions such as ""Take it for so-and-so much, ""or ""I consider it yours for so-and-so much,""thereby intending a transaction with the buyer,who then accepts
If one does not intend a transactionby such expressions, then the sale is nothing(0: but empty words, and the buyer is obliged toreturn the merchandise to its owner if it still exists,or replace it if used upwhile in his possession).It is obligatory (0: for the validity of the saleagreement that other conditions be met, amongthem):(a) that the interval between the offer and itsacceptance not be longer than what is customary(0: the criterion being whether it gives the impressionthat one is averse to accepting, notmerely a brief interval, Other conditions include:(b) that conversation extraneous to theagreement by either of the two parties not intervenebetween the offer and acceptance, even ifinconsiderable, since it gives the impression ofnonacceptance;(c) that the offer and its acceptance correspond,for if the offered price is one thousand, andthe buyer ""accepts"" for five hundred, the transactionis invalid;(d) that neither the offer nor acceptance bemade conditional (ta'liq) upon an event extraneousto the agreement, such as saying, ""I sell it toyou, should my father die"";(e) and that the sale not be subject to timestipulations (ta'qit) such as saying, ""I sell it to youfor a period of one month"";-because both (d) and (e) vitiate the necessaryintention).A mute's gesture is as binding as a speaker'swords.

THE BUYER AND SELLERThe conditions that must exist in the buyerand seller are:(a) having reached puberty (A: ImamAhmad permits the buying and selling of minoritems by children, even before they have reachedthe age of discrimination (def: f1.2) and withouttheir guardian's permission);(b) sanity;(c) that one's disposal over one's propertynot be suspended (def: k13);(d) and that one not be unjustly forced tomake the sale
(0: The agreement of someoneunjustly forced to sell his property is invalidbecause of lack of consent, though it is valid if heis justly forced, as when he is ordered to sell hisproperty to repay a debt.)(e) If a Koran is being purchased for someone,it is obligatory that the person be Muslim.(0: The same is true of books of hadith and bookscontaining the words and deeds of the early Muslims.""Koran"" in this context means any work thatcontains some of the Koran, even a slightamount.) (A: This ruling holds for any religiousbooks, even the Tabaqat of Sha'rani (n: a collectionof biographical sketches of Muslims), thoughtheHanafi school permits non-Muslims to buy or·be given the Koran and other Islamic books.)(f) It is a condition that someone buyingweapons be of a people who are not at war withMuslims.

THE OPTION TO CANCEL A SALE AT THETIME OF THE AGREEMENTWhen a sale is effected, both buyer andseller have the option to cancel at the time of theagreement (khiyar al-majlis), meaning the right tonullify the agreement at any time before they (0:physically) part company, or both waive the rightto cancel, or until one of them cancels the sale.(0: The option to cancel at the time of theagreement exists at every sale, and for its duration,the ownership of the articles exchanged issuspended (def: k1.5).)

STIPULATING AN OPTION TO CANCEL PERIODBoth the buyer and seller have the right tostipulate an option to cancel period, an intervalduring which either party may cancel the agreement,of up to three days (0: provided the daysare consecutive
The option to cancel period is notvalid if the two ?arties stipulate an indeterminateperiod, or leave it open-ended by merely stipulating""an option to cancel"" (A: though the buyerhas the right to return the article because ofdefects (dis: kS) regardless of what they stipulate),or when the period is determinately known, butexceeds three days)
The option to cancel may begiven (A: depending on what the buyer and selleragree upon) to both parties, or just one of them(0: and not the other, or they may give the optionto a third party, since the need for this might arise.In any case, both buyer and
seller must agree tothe conditions)
But such a period may not bestipulated for transactions in which it is unlawfulto part company before taking possession of thecommodities exchanged (0; by one or both parties)as is the case in exchanging the kinds offoodstuffs and moneys in which usurious gain(riba, dis: k3.1-2) is present, or in buying inadvance (salam, dis: k9.2(a)).

If the option to cancel is given to the selleralone, then the merchandise is considered hisproperty during this period (0: meaning that heowns the proceeds earned by the property, and itsincrements such as its milk, eggs, or fruit, and heis obliged to cover its maintenance and otherexpenses).If the option to cancel is given to the buyeralone, then the merchandise is considered hisproperty during this period CO: and the aboveincrements and expenses are his).If the option to cancel is given to both buyerand seller, then the ownership of the merchandiseduring this period is suspended, meaning that ifthe transaction is finalized, it is established that itbelonged to the buyer (0: from the time theagreement was first made, together with its incrementsand expenses), but if the transaction iscancelled, it is established that it belonged to theseller (0: meaning that it never left his ownership).*

(N: Things here refers to both the merchandiseand its price.)

Five conditions must exist in any articletransacted
It must:(a) be pure (0: in itself, or if affected withfilth, it must be capable of being purified bywashing);(b) be useful;(c) be deliverable (0: by the seller to thebuyer, meaning that the buyer is able to take possessionof it);(d) be the property ofthe seller orthe personwhom the seller has been authorized to represent;(e) and be determinately known (ma'lum)(0: to the buyer and seller, as to which particularthing it is, how much it is, and what kind it is, inorder to protect against chance or risk (gharar),because of the hadith related by Muslim that theProphet (Allah bless him and give him peace) forbadethe transaction of whatever involves chanceor risk)
(n: w42 discusses buying and selling insurancepolicies.)

PURITYIt is invalid to transact something that isimpure in itself (najasa, def: e14.1) such as a dog,or something affected with filth that cannot bepurified (0: by washing), like milk or shortening,though if it can be, like a garment, then it may betransacted.

USEFULNESSIt is invalid to transact something which isnot useful (0: whether the reason for invalidity isthe article's baseness or the smallness of theamount being dealt with,) such as vermin, a singlegrain of wheat, or unlawful musical instruments(dis: r40) (0: such as the mandolin or flute, sincethere is no lawful benefit in them).

DELIVERABILITYIt is invalid to transact something undeliverable,such as a bird on the wing or somethingthat a third party has wrongfully taken from one,though if one sells the latter to a buyer who is ableto take it back from the third party, the sale isvalid; while if the buyer is unable to take it fromhim, then the buyer has the option to eitherdeclare the sale binding or cancel it.lt is invalid to transact a particular half of awhole object such as a vessel, sword, or garment(0: since the buyer cannot take possession of thatpart without breaking or cutting the article,involving the lessening and loss of property), orpart of anything whose value is diminished by cuttingor breaking, though if it does not diminish itsvalue, as with a bolt of heavy cloth, such portionsmaybe sold.

LAWFUL DISPOSAL OVER THE PROPERTYIt is not valid for the owner of an articlethat has been put up as collateral (def: kll) to sellit without the permission of the person to whomthe collateral has been given.Nor is it valid to sell property belonging toanother, unless the seller is the owner's guardian(def: k13.2) or authorized representative (def:k17).

BEING DETERMINATEL Y KNOWNIt is not valid to sell property not determinatelyidentified such as ""one of these twogarments"" (0: since ""one ofthem"" is not an identification.Likewise with saying, ""I sell you one ofthese sheep."" It makes no difference whether allthe objects are of equal or unequal value).It is not valid to transact a particular thingthat is not in view (0: meaning that it has not beenseen by both buyer and selIer or by one of them)such as saying, ""I sell you the Mervian robe I haveup my sleeve,"" or ""the black horse that is in mystable."" But ifthe buyer has seen it before and thearticle is something that does not generally changewithin the time that has elapsed since it was lastseen, then such sales are valid.It is permissible to sell something like a pile ofwheat that is in plain view when its weight isunknown, or to sell something for a heap of silverthat is visible when the silver's weight is unknown,for seeing is sufficient.The selling and buying of a blind person arenot valid
He must commission another to buy andsell for him (A: though the Hanafi, Maliki, andHanbali schools permit him to buy and sell forhimself)
It is valid for a blind person to buy inadvance (def: k9) or for another to buy in advancefrom him, provided the payment is forwarded toand held by the person being
bought from inadvance.

(0: The word riba lexically means increment.In Sacred Law it is (N: of two types, the first beingusurious gain (rib a) in selling, which is) an agreementfor a specific recompense whose equivalenceto the merchandise is unknown (def: k3.1(a))according to the standards of the Law at the timeof the transaction, or in which the exchange of thetwo properties transacted is delayed, or one ofthem is delayed
(N: The second type concernsloans, and consists of any loan by which the lenderobtains some benefit (dis: k10.5).) The basis forits unlawfulness, prior to scholarly consensus(ijma', def: b7), is such Koranic verses as:""Allah permits trade but forbids usuriousgain"" (Koran 2:275),and,""Fear Allah and relinquish what remains ofusury, if you are believers"" (Koran 2:278),and such hadiths as that related by Muslim,""The Messenger of Allah (Allah bless himand give him peace) cursed whoever eats of usuriousgain (riba), feeds another with it, writes anagreement involving it, or acts as a witness to it.""Another hadith, in al-Mustadrak (n: by Hakim),relates that the Prophet (Allah bless him and givehim peace) said,""Usurious gain is of seventy kinds, the leastof which isas bad as a man marrying his mother ."")(n: w43 discusses taking interest in enemy lands(dar al-harb).)

Gain is not unlawful except in certainexchanges involving (0: human) foodstuffs, gold,and silver (A: or other money) (N: which, is theruling for usurious gain in sales
As for usuriousgain or interest from loans, it is unlawful for anytype of property whatever)
The determining factorin the prohibition of usurious gain in foodstuffsis their being edible, and in gold and silver, theirbeing the value of things.When a foodstuff is sold for a foodstuff of thesame kind, such as wheat exchanged for wheat (0;or when gold is traded for gold), three conditionsare obligatory:(a) exact equivalence in amount (def: k3.5)(0: which must be made certain of, this stipulationprecluding exchanges of foodstuffs, gold, orsilver in which the amounts are not known, forsuch sales are not valid even if the two quantitiestransacted subsequently turnout to be equal,because of the ignorance of their equivalence atthe time of the transaction, since ignorance ofit isthe same as actual nonequivalence);(b) that the properties transacted be in therespective possession of buyer and seller beforethey part company;(c) and immediacy (N: such that the agreementdoes not mention any delay in the exchange,even if brief).

When foodstuffs are sold for foodstuffs ofa different kind, such as wheat for barley (0: orwhen gold is sold for silver), only two conditionsare obligatory:(a) that the exchange be immediate;(b) and that the properties exchanged be inthe respective possession of buyer and sellerbefore they part company.If these two conditions are met, the two commoditiesexchanged may differ in amount.

TRANSACTING GOLD AND SILVERWhen gold is exchanged for gold, or silverfor silver, conditions k3.1(a,b,c) are obligatory
Ifgold is exchanged for silver, their amounts maydiffer, but conditions k3 .2( a,b) are obligatory.

When foodstuffs are sold for gold orsilver, the transaction is unconditionally valid (0:meaning none of the above conditions are necessary).

Equivalence in amount for commoditiescustomarily sold by volume is reckoned accordingto volume (0: even if weights differ), and for articlescustomarily sold by weight according toweight
Thus, it is invalid to sell a pound of wheatfor a pound of wheat when there is a differencebetween the two's volume, though it is valid to sella bushel of wheat for a bushel of wheat even whentheir weights differ.Customarily transacted by weight or volumemeans according to the prevalent custom in theHijaz during the time of the Messenger of Allah(Allah bless him and give him peace)
If this isunknown, then according to the custom of thetown where the transaction takes place
If thefoodstuff is of a kind not customarily exchangedby either weight or volume, and it has no driedstorage state, such as cucumbers, quinces, or citrons,then it may not be traded for its own sort.Equivalence in amount is not applicable tofoodstuffs until they are completed, meaning, forfruits, in the dried storage state
It is invalid totrade fresh dates for fresh dates, fresh dates fordried dates, fresh grapes for fresh grapes, or freshgrapes for raisins
Types of dates and grapes notsold as dried dates and raisins may not beexhanged for their own sort
It is also invalid (A:because of ignorance of their equivalence) toexchange:(1) flour for flour (0: when they are of thesame type);(2) flourfor wheat;(3) bread for bread (0: when of the sametype);(4) a pure foodstuff for a mixed one;(5) cooked food for uncooked, or cookedfood for other cooked food, unless the cooking isvery slight, such as separating honey (0: from thecomb) or milkfat (0: from milk).It is not permissible to exchange (N: forexample) a measure of dates plus one dirham fortwo dirhams, or for two measures of dates, or fora .measure of dates and a dirham
Nor is it permissibleto exchange a measure of dates and agarment for two measures, nor a dirham and agarment for two dirhams.It is invalid to transact meat for a live animal(0; even when the two are not of the same kind ofanimal).*

(0: Prohibited transactions may be invalid,as is usually the case with the prohibited, forprohibition generally entails invalidity; or not,such that the transaction is valid despite beingprohibited (dis: c5.2).)

It is invalid to sell the offspring of (A:expected) offspring, such as saying, ""When myshe-camel gives birth, and her offspring in turngives birth to a camel, I hereby sell you thatcamel"" (0: i.e
the offspring of the offspring
Thereason for invalidity is that it is a transaction of anarticle that is not owned, known, or deliverable).Nor is it valid to sell something for a price whosepayment is deferred to a time similar to the above(0: that is, till the time the offspring of an offspringis born, because the date of payment is notknown).

EITHER-OR SALESIt is invalid to make a transaction whoseterms include two different possible deals (A:without specifying which has been agreed upon)such as saying, ""I sell you this for either onethousand in cash or two thousand in deferred payment""(0: which is invalid because the price is notknown), or such as saying, ""I sell you my robe fora thousand, provided you sell me your sword forfive hundred"" (0: which is invalid because of theinvalid stipulation (dis: below)).

SALES WITH EXTRANEOUS STIPULATIONSIt is not valid to make a transaction thatincludes an invalid stipulation (A: such as a conditionthat is extraneous to the original agreementwhich adds to its price) (0: because the Prophet(Allah bless him and give him peace) forbadetransactions with such conditions, like stipulatinga loan or a second transaction), saying, for example,""I hereby sell it to you [n: for a thousand]provided you loan me a hundred"" (0: or ""providedyou sell me your house for such and such aprice"" (A: or ""provided you do not sell it to Soand-so"")
Its invalidity is due to considering boththe thousand and the accompanying second dealas the price
Stipulating this invalidates the transaction,and paying this ""price"" is void, it not beingdeterminately known (def: k2.1(e)))
(A: Theinvalidating factor is stipulating a second transaction,not the mere fact that it accompanies the firsttransaction, for it is permissible to join two transactions,as discussed at k4.12 below.)

SALES WITH VALID STIPULATIONSThe following types of conditions do notinvalidate transactions that stipulate them:(1) a condition to postpone payment, thoughthis requires that the date of payment be specified;(2) a condition that collateral (def: kll) beput up as security (N: for payment of the price orfor delivery of the merchandise);(3) a condition that a particular individualwill guarantee (def: k15) payment;(4) or other conditions (0: from the seller,the buyer, or both) that the deal requires, such asan option to return the merchandise if defective,and so forth.It is valid for the seller to stipulate that he isfree of responsibility for defects in themerchandise.By doing so, he is not held responsible for ananimal's internal defects which he does not knowof, though he remains responsible for all otherkinds of defects
(0: The conditions for this rulingare that the defect be internal, be found in an animal,be unknown to the seller, and that it exist atthe time of the agreement.)

PAYING NONREFUNDABLE DEPOSITSIt is not valid to pay a nonrefundabledeposit towards the price of an article, such aspaying a dirham for piece of merchandise on thebasis that if the buyer decides to keep it, thedirham is part ofthe price, but if he does not, thenthe seller keeps the dirham for free.(A: The school of Imam Ahmad permits nonrefundabledeposits.)

UNDERCUTITNG ANOTHER'S DEALIt is unlawful to undercut a brother's deal(A: or a non-Muslim's, since there is no differencebetween Muslims and non-Muslims in rulings concerningcommercial dealings) that he has madewith a customer, after they have settled on theprice (0: meaning to say to someone who hasaccepted something with the intention to buy it forso-and-so much, ""Return it to its owner and I'llsell you a better one for the same price or less,"" ortell the seller, ""Take it back from him and I'll payyou more for it."" The above restriction after theyhave settled on the price excludes someone goingaround taking bids from those who are increasingthem, as auctioneers do, which is not unlawful).It is also unlawful to undercut a brother'sprice (0; that is, during the option to cancel at thetime of the agreement (def: k1.3), or during astipulated option to cancel period (def; k1.4}) bytelling the buyer, ""Cancel the deal and I'll sell youone cheaper."" (0; This also holds for other contracts,such as renting or lending the use of something.)

BIDDING UP MERCHANDISEIt is unlawful to bid up the price of a pieceof merchandise that one is not really interested in,to fool another bidder.

SELLING GRAPES TO A WINEMAKERIt is unlawful to sell grapes to someonewho will make winefrom them: (0; Like grapes inthis is the sale of dates, bread, wheat, or barley,whenever one knows that this (A; i.e
alcoholicdrink) will result, or thinks it will
If there is doubtor if one merely imagines it, then the transaction ismerely offensive
(N: Think (zann) means tobelieve it probable, doubt (shakk) means one isundecided, and imagine (wahm) means to merelyconsider it possible.) Selling in such cases isunlawful or offensive because it is a means to disobedience,whether certain or suspected (A:means meaning an instrumental cause, as opposedto something which is not instrumental, such asrenting a house to a drunkard, which is not unlawfulbecause it is not a cause, though it is unlawfulto rent a building to someone who intends to opena bar, for example)
Tirmidhi relates that theProphet (Allah bless him and give him peace)cursed whoever drinks wine, gives it to others todrink, sells it, buys it, presses it for another, transportsit, receives it, or eats its price.)

If one makes any of the above unlawfultransactions (k4.6-9), the agreement is valid (dis:c5.2).A VALID SALE COMBINED WITH ANINY ALlD SALE

If one combines something valid to sellwith something invalid to sell in one transaction,such as selling one's own garment together withsomeone else's without his permission, or such asselling wine and vinegar, then the transaction isvalid for the portion of the price that covers thevalid sale (0: no matter whether the person knewwhat the case was, or whether he did not andbelieved the sale permissible, thinking at the time,e.g
that the wine was vinegar) and is invalid forthe portion of the price that was not valid (A: andthe portion must be refunded to the buyer)
Thebuyer has the option to cancel the whole agreementif, at the time the deal was made, he did notknow it included something impermissible.

JOINING TWO TYPES OF TRANSACTIONS IN ONECONTRACTIt is valid to join two contracts of differentkinds (0: for example, a sale with a rent agreement)such as saying, ""I sell you my horse and rentyou my house for a year for such and such anamount"" (0: though it is not necessary that theybe different kinds, for the ruling also applies totwo contracts of the same type, such as a partnership(def: k16) linked with financing a profitsharingventure (qirad, def: k22)), or such as saying,""I marry you my daughter and sell you herhouse [N: as her proxy, the proceeds being hers]for so-and-so much,"" and the price is consideredas proportionately distributed over the two transactions.

(0: The criterion for defect is based on somethingthat is expected to exist (n: in merchandise),whether this expectation results from:(1) stipulations agreed upon (dis: k4.4(4));(2) the customary level of quality (dis: f4.5)for merchandise of its type;(3) or outright deception by the seller.The author does not mention (1) in this sec·tion, but confines himself to (2) and (3).)

Whoever knows of a defect in the article(0: he is selling) is obliged to disclose it
If he doesnot, he has cheated (0: the buyer, which is prohibitedby the Prophet's statement (Allah bless himand give him peace),""He who cheats us is not one of us""),though the transaction is valid (A: provided thebuyer accepts it, as discussed below).

RETURNING DEFECTIVE MERCHANDISEWhen a buyer notices a defect in the merchandisethat existed when the seller had it, he isentitled to return it (0: though if he is content toaccept the defect, he does not have to return it.He may also return it when the defect occurredafter the sale but before the merchandise wasdelivered, since the merchandise is the seller'sresponsibility during this period).

The criterion (0: of defectiveness) is:(a) any flaw that diminishes the article or itsvalue to a degree that hinders a valid purpose;(b) provided that such an imperfection doesnot usually exist in similar merchandise.(0: The former restriction excludes such things asamputation of a surplus digit or a minor nick fromthe animal's thigh or hock that is inconsequentialand does not obviate its purpose, in which casethere is no option to return it
The latter restrictionexcludes defects not generally absent in similarmerchandise, such as missing teeth in olderanimals
There is no option to return such merchandise,even if the value is diminished
)

If the buyer notices a defect in the merchandiseafter it has been destroyed (0: whetherphysically, such as an animal being killed, a garmentworn out, or food eaten; or whether legallyfinished, by being no longer permissible to transferfrom person to person, as when a site has beenmade an endowment (waqf, def: k30)))-then acompensation (A: from the seller to the buyer) isobligatory
(0: The buyer is entitled to it becauseof the impossibility of returning the article due toits no longer existing
Compensation means a partof the article's price whose relation to the wholeprice is the same as the relation of the value whichthe defect diminished to the full value of the articleif it had been without defect
(N: The differencebetween price and value is that the value ishow much money an article is worth in the marketplace,while the price is whatever the saleagreement specifies, whether this be more or lessthan the value.) The value in such a case is fixed atthe lowest value (A: for articles of its type currentin the marketplace) between the time the deal wasmade and the time the buyer took possessionof it.)The buyer is no longer entitled to seek compensationfor such a defect if (0: he notices thedefect after) he no longer owns the article becauseof having sold it or otherwise disposed of it
But ifsuch an article returns to the buyer's possessionafter this (0: i.e
after having left his ownership,whether as a gift, or returned (A: from a sub""sequent buyer) because it was defective, orbecause of a cancelled deal, or he buys it back),then he is entitled to return it (A: to the personwho originally sold it to him).

If an additional defect occurs in an article(0: other than the above-mentioned defect (A:that existed before the buyer received the article))while it is in the buyer's possession, then the buyeris only entitled to take a compensation (0: fromthe seller, to compensate for the original defect)and is not entitled to (A: insist that the selleraccept) return (A: ofthe article for a full refund).But if the original seller is willing to accept itback with the (0: new) defect, (A: refunding theoriginal price,) then the buyer is not entitled to(A; keep the article and) demand compensation(0: for the original defect
Rather, the buyer istold, ""Either return it, or else be content with it asit is and you get nothing""; for the harm to the originalseller which is what prevents (A: it beingobligatory for him to accept) its return no longerexists if the seller is content to take it back, and themerchandise is as if the additional defect neveroccurred.Their agreement is implemented if buyer andselIer agree upon:(1) the seller taking it back with (A: the sellerrefunding the original price, and the buyer givinghim) compensation for the new additionaldefect;(2) or the buyer keeping the merchandise,and the seller paying him compensation for theoriginal defect;since either of these options might satisfy theinterests of the two parties
If the buyer and sellerdisagree about which of these two options shouldbe implemented, the decision goes to whicheverof them requests option (2), whether this person isthe buyer or the seller, since it confirms the originalcontract).

If the new defect which occurs while thearticle is in the buyer's possession is the solemeans of disclosing the old defect, such as breakingopen a (A: spoiled) watermelon or eggs, andsO forth, then the new defect does not prevent (A:the obligation of the seller to accept) its return.But if the new damage exceeds the extent that wasnecessary to reveal the original defect, then theseller is no longer cOmpelled to accept it back.

It is a necessary condition for (A: caseswhere the buyer seeks a refund for something heis) returning (0: because of a defect) that thebuyer return it immediately upon noticing thedefect (0: and his option to return it is cancelled ifhe delays without an excuse)
On his way back tothe seller, he should have two witnesses affirmthat he is cancelling the agreement (A: so if theseller is unavailable at the time, the buyer isnevertheless able to prove that he went to return itimmediately)
If the defect is noticed while one ispraying, eating, using the lavatory, or at night (A:if the night presents a problem in returning it),then one is entitled to delay returning it until thehindrance preventing one from doing so is nolonger present, provided one stops using andbenefiting from it
If the buyer delays returning itwhen capable of doing so, then the seller is nolonger obliged to .accept the article back for arefund, or no longer obliged (A: in cases like k5.5above) to compensate the buyer for the originaldefect (0: because the delay gives the impressionthat the buyer is satisfied with the defect) .

(A: The term murabaha applies to saleswhere the seller states the price in terms of ""theoriginal price plus such and such an amount asprofit,"" whether by original price he means theamount he originally paid for the whole lot, orwhether he means the proportion of that pricerepresented by the percentage of the lot which heis now selling.)The seller in murabaha (0: meaning anagreement where the price consists of the originalprice plus increment) is obliged to inform thebuyer of any defect that occurred in the merchandisewhile in his possession, such as by saying, ""Ibought it for ten [0: or ""bought it for one hundredand sell it to you at what I bought it for, plus onedirham's profit on every ten""] but such and such adefect happened to it while I had it."" (0: He islikewise obliged to say, for example, ""Such andsuch a defect appeared in it that was from the previousowner, and I accepted this
"")The seller in murabaha is also obliged to explainhow much time he was given to pay the originalprice (A: since deferring payment generallyraises the price, and merely stating such a raisedprice without mentioning that it was deferredwould give the new buyer a false impression).(0: The author should have mentioned (A:that telling the prospective buyer the above informationis also obligatory in sales of) discount (A:on a lot of goods or portion thereof), as when theseller tells someone, ""I sell it to you for what Ibought it for, minus one from every eleven.""These rulings likewise apply to agreements statedin terms of, ""I sell you it at the same price the originaldeal was made for
"")*

It is not permissible (0: or valid) to sell thefruit alone from a tree (A: without the tree, whilestill on it) before it is ripe, unless the agreementstipulates immediate picking of the fruit
But sucha sale is valid without restriction if made after thefruit is ripe, meaning, for fruits that do not changecolor, to become fit to eat; and for fruits whosecolor changes, to start to turn the color of ripeness.If both the tree and the fruit are soldtogether, the sale is permissible without stipulatingthat the fruit be picked.

Grain, when green, is subjectto the samerulings as fruit before it is ripe: it may not be sold(0: nor would the sale be valid) unless the agreementstipulates immediate harvest, though thereare no restrictions on sales made after the grain issolid and firm.

It is not permissible to sell grain when stillin, the husk, or to sell unripe nuts, almonds, orbroad beans when these are in the shell
(A: Whenthe latter three are dried, they may be sold in theshell.)*

Merchandise is the responsibility of theseller before the buyer has taken possession (def: k7.3)of it
If such merchandise is destroyed (Ar.talifa, to be finished off or used up )by itself orthrough an act of the seller, then the agreement iscancelled and no payment is due for it
If the buyerdestroys such mercnandise, he must pay its price,and his destroying it is considered as having takenpossession of it
If a third party destroys such merchandise,the deal is not cancelled but rather thebuyer is given a choice to either:(1) cancel the agreement and make the value(def: kS.4(N:)) (0: of what the third partydestroyed) a debt that the third party owes to theseller;(2) or effect the deal, paying the seller theprice (0: if he agrees to effect the deal) and makingthe third party liable to pay the value (0: to thebuyer).

When one buys something, it is not permissible(0: or valid) to sell it until one has takenpossession of it
(0: The invalidity of selling
itlikewise applies to all transactions disposing of it(A: such as renting it, giving it away, and so forth).It is also invalid for the seller to dispose of theprice in any way before it has been received fromthe buyer, unless the new transaction is with thesame buyer and involves the very same (A: articlethat is the) price.)But if the price is a financial obligation (N:that is, an amount of money, unspecified as towhich particular pieces of money it is), the sellermay ask for a different sort of payment, providedhe has not already accepted the payment, as whenhe sells something for dirhams, but then acceptsgold, a garment, or something else instead ofthem.

Taking possession means:(1) for transportable things such as wheat orbarley, that they be transported (N: by the buyeror his representative) (0: that is, when he movesthe merchandise to a place not belonging to theseller, such as the street or the buyer's house);(2) for things dealt with by hand, such as agarment or book, that they be taken in hand;(3) and for other things, such as a house orland, that they be given over (0: i.e
the seller givethe buyer control over them, such as by handingthe key to him or moving others' belongings offthe property).*

When two parties agree on the validity ofa transaction but disagree on its terms, and thereis no proof, then they each swear an oath (dis: k8.2)affirming their side of the story
Such a disagreementcould be:(1) the seller saying that he sold it forimmediate payment, while the buyer asserts thatpayment was to be deferred;(2) the seller stating that he sold for ten,while the buyer maintains it was five;(3) the seller saying he sold it to the buyer oncondition that there be an option to cancel period(def: k1.4), while the buyer asserts that no suchoption was stipulated;or similar disputes.

(N: Swearing an oath (def: olS) is a meansfor urging one's case when there is no proof,meaning no witnesses
When rulings mention, forexample, that ""So-and-so's word is believed;"" or""So-and-so's word is accepted,"" it means that hisword is accepted when he swears an oath ill caseswhere there is no proof presented by either of thetwo parties
If there is proof, whether from theplaintiff or defendant, it is given precedence overan oath.)

In the oath for such cases, the seller swearsfirst, saying, for example, ""By Allah, I did not sellit to you for such and such an amount, but ratherfor such and such an amount."" Then the buyerswears, ""By Allah, I did not buy it for such andsuch, but rather bought it for such and such."" Itconsists of one oath (A: from each party) whichjoins the denial of the other's claim with the affirmationof one's own claim, and in which the denialis recommended to precede the affirmation.

When the buyer and seller have sworn,but subsequently reach a solution that bothaccept, the agreement is not cancelled
But if theycannot reach an accord, they cancel the agreement,or one of them cancels it, or the Islamicmagistrate does (0: to end the trouble betweenthem
When the agreement is cancelled, eachreturns whatever he has accepted from the other).

If either the buyer or seller testifies that aparticular agreement is invalid, but the otherparty says it is valid, then the word of whichever ofthem asserts it is valid is accepted if he swears anoath (dis: k8.2).If the buyer comes to the seller with a piece ofmerchandise that he wants to return because of adefect, but the seller says that it is not the one hesold him, then the seller's word is accepted (0:when he swears).If the buyer and seller disagree about a defectin an article that could have occurred while it wasin the buyer's possession, but each party assertsthat the defect occurred while in the other's possession,then the seller's word is accepted (0:when he swears).*

Buying in advance means the sale ofdescribed merchandise which is under (A: the seIler's)obligation (A: to deliver to the buyer at acertain time).

THE CONDITIONS FOR THE VALIDITY OFBUYING IN ADVANCEIn addition to the conditions for valid sales(def: k1.1-2, k2.1), other conditions (0: seven ofthem) must be met for buying in advance to bevalid:(a) that the price of the merchandise bereceived when the agreement is first made
It issufficient to merely see the price that is beingaccepted, even when its exact amount isunknown;(b) that the merchandise bought in advancebe a financial obligation (dayn) (0: owed by theseller (N: meaning that buying in advance is notvalid for particular individual articles ('ayn) (A:i.e
""this one"" and no other)) which the seller willdeliver when its time comes)
Its delivery may bedue from the present onwards, or may be due laterthrough deferment (0: by clearly stating whetherit is to be due immediately or deferred) to aspecific date (0: which specificity is a necessarycondition for the validity of deferring payment)
Itis not permissible to say, ""I advance you thesedirhams for that particular horse"" (0: which isinvalid because of the condition that the merchandisebought in advance
be a financial obligation(dayn), which the above-mentioned horse is not,butis rather a particular individual article Cayn));(c) that the location to which the merchandiseis to be delivered be clearly stipulated (A:though this is only a condition) in cases in whichthe buyer pays for it at a place where it cannot bedelivered, such as the wilderness,; or to which themerchandise can be delivered, but transporting itthere involves considerable difficulty;(d) that the merchandise bought in advancebe determinately known by volume, weight,quantity, or yardage in terms of a familiar measure.It is not valid for someone to say ""the weightof this stone,"" or ""the capacity of this basket,"" ifthe (0: stone's) weight or basket's capacity is notknown;(e) that the merchandise be within the seller'spower to deliver (def: k2.4) when the time fordelivery arrives;(f) that the merchandise not be generallysubject to unavailability
If it is something rare (0:such as a great quantity of the season's first fruitsof a particular kind of produce) or something nottypically safe from unavailability, such as ""thefruit of this particular date palm,"" then its sale inadvance is not permissible;(g) that those characteristics of the merchandiseover which the buyer and seller might be atcross-purposes be expressly delineated by clearspecifications
It is not permissible (0: to buythings in advance which cannot be defined by clearcriteria, such as) for jewels or composites likemeat pastry (0: composed of wheat, meat, andwater, all of which are expected but not delineablein terms of minimal or maximal amounts), ghaliyaperfume (0: composed of musk, ambergris,aloes, and camphor), or slippers (0: composed ofouter and inner layers and padding), nor articleswhose top randomly differs from their bottom,like a lamp or pitcher (0: the top of which is sometimeswider than the bottom, or vice versa) (N:though the Hanafi school permits such agreements,calling them made to order (istisna'), whichthey hold includes whatever is customarily boughtin this way
They affirm the buyer's option to cancelthe agreement when he sees the merchandise,and it is obligatory that the article be describedvery precisely), nor something substantially processedand altered by fire (A: meaning heat), suchas bread or roast meat, since describing it (A: Le.how much cooking it takes) is impossible in a preciseway.

It is not permissible for the buyer to sellsomething he has bought in advance until he hasreceived it.

It is not permissible to take some othertype of merchandise in place of the article boughtin advance (A: that is, when the buyer demandsthe substitute before the delivery of the original isdue, though they may agree on it after that).If the seller delivers the merchandisespecified, or better (0: than what was specified),the buyer must accept it (0: since it is apparentthat the seller could not find a way to fulfill hisobligation save through this means
If the seilerdelivers merchandise that is inferior to what wasspecified, then the buyer may accept it, as this isvoluntarily refraining from demanding his due,but he is not obliged to, because of the losstherein).*

(A: A loan means repayable financial aid
Itdoes not reter to lending a particular article ('ayn)for someone to use and then return after use,which is termed an 'ariyya (def: kI9).)

Loaning (0: meaning to give something tothe borrower on the basis that he will return itsequal) is recommended.

Aloan is effected through a spoken offerand acceptance (def: kl.I), such as saying, ""lIoanyou this,"" or, ""I advance you it.""

It is permissible to give as a personal loanany article that may be bought in advance (def:k9.2(b,d,e,f,g)) and nothing else (A: though thisrestriction does not apply to lending for use('ariyya, dis: k10.O(A:))).

It is not permissible for the lender toimpose as a condition that the loan be repaid on acertain date (N; though for the Maliki school, tostipulate that repayment is obligatory on a certaindate is valid and legally binding).

It is not permissible for the lender toimpose some condition that will en!lble him tobenefit from the loan, such as a condition that theborrower must return superior to what wasloaned, or such as saying, ""on condition that yousell me your horse for such and such an amount,""for these are usurious gain (riba)
But it is permissiblefor the borrower to return superior to whatwas loaned without this having been stipulated.

It is permissible for the loan agreement toinclude the condition of collateral (0: meaning forthe recipient to give the lender something as collateral(def: kI1) for what he borrows) or the conditionof a guarantor (0: such that the recipientbrings someone to guarantee that the loan will berepaid (def: klS)).

The recipient of a loan is obliged to repaythe equal of what was lent, though it is permissiblefor the lender to accept something other than the(A: type of) thing loaned
If the lender gives therecipient a loan and later meets him in anothertown and asks for it back, the recipient must repayit if it was gold or silver and the like, though if theloaned commodity was something troublesome tocarry, such as wheat or barley, then the recipient·is not obliged to pay it back (A: in kind) but ismerely obliged to pay back its value.

(0: In Sacred Law collateralis a piece of saleableproperty put up as security for a financialobligation to cover the amount if it should proveimpossible to repay.)CONDmONS FOR THE VALIDITY OF

Putting up collateral is only valid whendone by someone with full disposal over his ownproperty, as security for a financial obligation(dayn, dis: k9.2(b)) that is currently due, such asthe price (0: due for merchandise after its delivery),or a personal loan, or for a financial obligationthat is currently becoming due (N: such assomething's price) during the option to cancelperiod (def: kl.4)
(0: The collateral's being securityfor a financial obligation is one restrictionon its validity, and for one that is currently due isanother
It is not valid to put up collateral for aparticular individual article ('ayn) or the use of anarticle, since (A: the obligation to deliver) a particulararticle is not a financial obligation (dayn),as the selfsame article cannot be obtained by sellingthe collateral.)Putting up collateral is not valid in cases inwhich the financial obligation is not yet due, suchas collateral accepted (0: by a lender) as securityfor a loan that he will make (0: in the future).It is necessary (0: for the validity of puttingup collateral) that there be a spoken offer (0: bythe person putting up the collateral) and spokenacceptance (0: from the person accepting it, justas it is necessary for sales, the conditions mentionedin connection with sales (k1.1) applyingequally here).The agreement is not legally binding until thecollateral has been taken possession of with thepermission of the person putting it up, who is entitledto cancel the agreement (A: at any point)before the collateral has been taken possession of(def: k7.3).When the agreement has been effected, if thetwo parties (A: the collateral's giver and receiver)agree that the collateral should be kept with eitherof them, or with a third party, this is done
If not(0: if they do not agree), the Islamic magistratehas it kept with an upright person (def: O24.4) (0:to end the disagreement
But the magistrate is notentitled to place it with either of the two partieswithout the other's permission).

GENERAL PROVISIONS CONCERNINGCOLLATERALThe collateral must be an article that ispermissible to sell (def: k2.1)., None of the collateral may be separated fromthe rest of it until the financial obligation has beenentirely paid off.The person who put up the collateral is notentitled to dispose of it in any way which infringesupon the right of the person who has received it ascollateral (0: such as transferring its ownership toanother) by selling it or giving it away (0: or puttingit up as collateral for another person), or todispose of it in any way that diminishes its value,such as wearing (o: a garment put up that woulddepreciate by being worn), though he may use it inways that do not harm (0: the interests of the personwho has received it) such as riding it, or living(0: in a house that has been put up as collateral).

.An article put up as collateral for a financialobligation may not (A: at the same time) beput up as collateral for a second financial obligation,even when the second obligation is with thesame person who has accepted the article (A: forthe firstone).

The expenses for maintaining an articleput up as collateral (0: such as fodder for livestock,or the wages of a person watering trees) arethe responsibility of the person who put it up, andhe may be compelled to pay them to protect therights of the person receiving it (0: lest it bedestroyed)
The person who put it up is entitled tothe increments produced by it (0: that are separablefrom it) such as milk or fruit.

If the
article is destroyed while in the possessionof the person who received it as collateralwithout negligence on his part (A: meaning hetook the precautions normal for similar articles),then he is not obliged to pay anything for its loss.But if destroyed because of his negligence, then heis obliged to pay the article's value to the personwho put it up, though its destruction does noteliminate any of the original financial obligationfor which the destroyed collateral was put up
(0:When the collateral has been destroyed and thetwo parties are at a disagreement,) the final wordas to how much the article was worth (A: whenthere is no proof (dis: k8.2) belongs to the personwho received it as collateral (0: provided heswears an oath as to how much it was)
But thefinal word as to whether the collateral has beenreturned (A: to its owner after his financial obligationhas been paid) belongs to the person who putit up (A: when there is no proof, and he swears).

The benefit of collateral is that the articleis sold (A: by the person who put it up) when thereis need to pay the amount which is due
If the personwho put it up refuses (0: to sell the articlewhen the person who has received it as collateralasks him to), then the Islamic magistrate has himeither pay the original obligation or else sell thearticle
(0: He is given a ehoice between the twoalternatives.) If he continues to refuse (0: to sell),then the Islamic magistrate sells it for him
(0: Ifthe person who put it up is absent, then this isestablished by proof to the magistrate, who sells itfor him and gives the person who accepted the collateralhis due
If there is no Islamic magistrateand no proof (A: that there is a financial obligationfor which the collateral has been put up), thenthe person who accepted it as collateral is entitledto sell it himself.)*

(0: Bankruptcy occurs when the Islamiemagistrate makes a debtor bankrupt by (N: declaringhim so and) forbidding him to dispose ofhis property (N: such that if he disposes ofit, hisdisposition is not effected).)

When someone obliged to pay a currentdebt is being asked to pay it, and he claims that heis unable to (0: while his creditors deny this), thenif it is known that he has saleable property, he iskept 'lnder arrest until he provides evidence thathe cannot pay
If not (0: i.e
if it is not known thathe has saleable property), then he swears an oath(0: that there is no property), and (0: when it isestablished that he is unable to pay, whetherthrough evidence, or through his oath) he isreleased (0: and given time) until his cir·cumstances allow him to pay (0: and his creditorsmay not keep after him, because of Allah's word,""If there be someone in difficulties, let himhave respite until things are easier"" (Koran

2:280)).But if he has saleable property (0: such asreal estate, home furnishings, or livestock) andrefuses to pay his debt, then the Islamic magistratesells it for him and pays his debt
If the proceeds ofthe sale are insufficient to cover the debt, and heor his creditor asks the magistrate that he be suspendedfrom dealing in his property, then this isdone (0: obligatorily, if requested)
When theperson is suspended, his disposal over his ownsaleable property is not legally binding or effective,and the magistrate pays the person'sexpenses and those of his family (0: whom he isobliged to support (def: mI2.I)) out of this (0:suspended) property if he is unable to earnenough to pay his expenses.Then (0: after the person has been suspended)the magistrate sells the property in themost profitable manner and divides the proceedsaccording to the percentage of the total debtwhich is owed to each creditor.

If one of the creditors is owed money on adebt which is not yet due, he is not entitled to bepaid from the proceeds
(N: Rather, if thebankrupt does not agree to pay the personimmediately, the magistrate keeps this person'sshare until the
debt is due (A: and then payshim).)

If one of the creditors has accepted an articleof the bankrupt's property as collateral fromhim for a debt, he is paid the amount owed to himfrom the sale of the collateral (0: and if there ismoney from its sale in excess of what was owed tohim, it is distributed among the other creditors).

If one of the creditors finds the very pieceof merchandise he sold to the bankrupt person, hemay choose between selling it and dividing theprofits with the other creditors, or cancelling thedeal and taking back the piece of merchandise,provided there is nothing to prevent taking it backsuch as it being subject to preemption by a partowner (shuf'a, def: k21), or the bankrupt personhaving made it collateral to another person, or themerchandise's being mixed with merchandise betterthan it, or some similar objection.

The bankrupt person is permitted to keepa suitable set of clothes and enough food for himselfand his dependents to suffice for the day onwhich his saleable property is divided up
(N: Ifthe bankrupt is then earning enough to sufficehimself and his dependents, he is left as is
If not,then he is supported by the Muslim common fund(bayt al-mal), like all poor people
If there is nocommon fund, he must be supported by all theMuslims.)*

(0) Suspension is of two types:(1) The first has been established in SacredLaw for the interests of others, such as the suspensionof a bankrupt person in the interests of hiscreditors, or the suspension of the person puttingup collateral from dealing in it, in the interests ofthe person who has accepted it.(2) The second has been established in SacredLaw in the interests of the suspended person,which is the type of suspension our author refersto in the following.)

It is not permissible for a child or insaneperson to dispose of their own property (N: andtheir doing so is considered legally invalid) (0: toprotect them from loss
The fact that a person is achild, male or female, even if at the age of discrimination(def: n.2), negates the legal efficacyof whatever he says, as well as his legal authorityover others, both in respect to transactions such assale, and in respect to religion, such as Islam
HisIslam is not valid, since it requires full capacity forlegal responsibility (taklif, dis: cB.1)
And thisstate continues until he reaches puberty, Insanitysimilarly negates the legal efficacy of whatever theinsane person says,as well as his legal authorityover others, His Islam is not valid, nor his leavingIslam (def: oB), nor are his dealings, as previouslymentioned).(A: Also suspended from commercial dealingsis the foolhardy person (safih), meaning aspendthrift who is chronically careless with hismoney, In the schools of Shafi'i and Ahmad, thisclass also includes those who are careless abouttheir religious obligations, as they too are consideredtoo foolish to deal in their own property
)

A guardian conducts such a charge'saffairs, the guardian being:(1) the charge's father;(2) the father's father, if the fither isdeceased;(0: it is a necessary condition that they be upright(def: O24.4), atleast outwardly, though they neednot be Muslim unless the child is Muslim)(3) if neither of them is alive, then the persondesignated by the guardian's will (wasiyya, def:L3) to take custody of the charge;(4) or if no one has been designated by thewill, then the Islamic magistrate or his representative.

THE GUARDIAN'S DISPOSAL OF HISCHARGE'S PROPERTYThe guardian deals with the charge's propertyto the charge's best financial advantage (0;and is entitled to sell it for needs that arise, such aswhen he does not have enough to cover hischarge's expenses and clothing).

If the guardian claims to have spent hischarge's property to cover the charge's expenses,or claims that the property has been destroyed (0;by an aet of God (A: and not through his negligence)), then his word is accepted (0: about itwithout having to swear an oath)
But if theguardian claims to have given the property to thecharge (0: i.e
to the child who has reachedmaturity or the insane person who has regainedhis sanity), then his word is not accepted (0:because of the ease with which he could have legallyestablished that he gave the property to hischarge at the time of doing so
If he did not obtainwitnesses to observe the property being handedover, he is guilty of remissness for neglecting tohave it witnessed).

Suspension from dealings ends (0: withouta ruling from the judge) when a child reachespuberty and mental maturity, meaning that he:(a) is physically mature;(b) shows religious sincerity;(c) and is competent to handle his ownproperty.(0: For an insane person, suspension endswhen he regains his sanity, shows religious sincerity,and displays competence in handling his property.Religious sincerity means that a personperforms acts of obedience and avoids disobedienceand the unlawful
Competence in handlingone's property means that one does not waste it bylosing it, for example, in buying something outrageouslyoverpriced
Both of these traits «b) and(c)) are the criteria for maturity according toImam Shafi'i, as opposed to Abu Hanifa andMalik, who hold that competence in handlingproperty is sufficient.)

A charge is not given his property until hiscompetence in handling it has been tested beforepuberty in a manner appropriate to him
(0: Thusa merchant's son is tried at striking a bargain indealings, having been given money to do this,though not actually concluding the deal, which isdone by the guardian
A farmer's son is tested atagriculture and managing the expenditures connectedwith it
An examination is also made of thecharge's religion, by observing whether he performsacts of worship , avoids acts of disobedience,shuns the unlawful, and is wary of things that aredoubtful (dis: j16, 1),It is necessary that this testing be repeatedone or more times.)

If the suspended person reaches pubertyor regains his sanity but is corrupt in his religion orincompetent in financial dealings, then his suspensioncontinues and he is not permitted to deal inhis property by seIling or anything else, with orwithout his guardian's permission, though if theguardian permits him to marry, the
marriage isvalid.If the suspended person reaches puberty withreligious sincerity and financial competence, butsubsequently squanders his wealth, then he isresuspended by the Islamic magistrate, not theguardian
But if the person becomes morally corrupt(A: after having reached puberty), he is notresuspended (N: provided his corruption does notinvolve spending money on what is unlawful,
though if it does, he is suspended from dealing).

Puberty applies to a person after the firstwet dream, or upon becoming fifteen (0: lunar)years old, or when a girl has her first menstrualperiod or pregnancy.*

(0: In Sacred Law, a transfer is an agreementthat moves a debt from one person's responsibilityto another's.)(n: Given three persons, X (al-muhtal), Y(al-muhil), and Z (al-muhal 'alayhi) (A: where Xloans Y a dirham, and Z already owes Y a dirham,so Y transfers the right to collect the old debt(thatZ owes him) to X, instead of repaying X for thenew debt
Such transfers have six integrals:(a) Y;(b) X;(c) Z;(d) Y's debt to X;(e) Z'sdebttoY;(f) Y's spoken offer and X's spoken acceptance).

It is a necessary condition for the validityof transferring a debt that Y wishes to do so, andthat X accepts
It is not necessary that Z wishes it.(0: The agreement also requires a form,which is the spoken offer and acceptance (def:k1.1), meaning Y's offer and X's acceptance.)

Such a transfer is not valid unless Z owesY a debt and Y owes X a debt.A transfer is valid respecting a legally bindingdebt (0: owed to X) for another legally bindingdebt (0: Z owes to Y), provided:(a) that X and Y know what is being transferred(A: gold, silver, or wheat, for example) forwhat;(b) that X and Y know that the two debts arehomogeneous in type (A: such as money formoney, or wheat for wheat) and in amount (0:though ifY owes X five, and Z owes Y ten, and Ytransfers (A: the right to collect) five of it to X,then this is valid);( c) and that X and Y know whether the debtsare currently due or payable in the future (A: thetwo debts may differ in this respect if both partiesagree).

(0: The validity of a transfer is notaffected by the existence of collateral (def: k 11) orof a guarantor (def: klS) as security for one of thedebts, but the occurrence of the transfer eliminates(A: either form of) security, the guarantorbeing relieved of any responsibility and the collateralno longer being collateral.)k14,4 Through a valid transfer, Y no longerowes X a debt, Z no longer owes Y a debt, and thedebt owed to X becomes the responsibility of Z
IfX is unable to collect the debt from Z because Z isbankrupt or denies the existence of the debt or forsome other reason (0: such as Z's death), then Xis not entitled to go back to Y (A: to collect it) (N:but rather it is as though X has accepted for thedebt a remuneration which was subsequentlydestroyed in his possession).*

(0: Guarantee lexically means ensuringimplementation, and in Sacred Law means toensure a financial obligation which is another's orensure the appearance of a particular personwhose presence is required.)(n: Given three persons, P (al-madmunlahu), Q (al-madmun 'anhu), and R (al-damin)(A: where P loans Q a dirham, and R guaranteesto P that either Q will repay it or else he, R, willrepay it
Such guarantees have five integrals:(a) R;(b) P;(c) Q;(d) thedebtco;vered;(e) and the form of the agreement).)GUARANTEEING ANOTHER'S flNANCIAL

It is a necessary condition for the validityof guaranteeing payment that R have full right tomanage his own property
It is not valid from achild, someone insane, or a foolhardy person (def:k13.1(A:)), though it is valid from someone suspendedfor bankruptcy.

It is a condition for the validity of aguarantee that R know P, though it is not neces.sary that P agree to it.lt is not necessary that Q agree, or that RknowQ.

It is necessary that the guaranteed debt bea financial obligation (dayn, dis: k9.2(b)) that isexistent (0: since it is not valid to guarantee a debtbefore it exists, such as ""tomorrow's expenses"")and is determinately known (0: in terms ofamount, type, and description).

It is necessary that R make the guaranteein words (0: or their written equivalent, with theintention) that imply he is effecting it, such as ""Iguarantee your debt to: that So-and-so owesyou],"" or ""I will cover it,"" or the like
(0: Theseare explicit expressions in that they mention theguaranteed financial obligation
When it is notmentioned, the expression is allusive, which isvalid provided the financial obligation is what isintended, and the speaker knows how much it is.Otherwise, allusive expressions are not valid.)It is not valid to base the implementation of aguarantee on a condition, such as saying, ""WhenRamadan comes, I hereby guarantee it."" (0: Noris it valid to make it subject to time stipulations,such as saying, ""I guarantee what So-and-so owesfor one month, after which I no longer guaranteeit
"")

When a seller has accepted the price ofsomething, it is valid (0: for someone) to guaranteethe buyer his money back if the merchandiseshould prove to belong to another or to be defective.(0: It is likewise valid for someone toguarantee to the seller that the merchandise willbe returned if the price paid for it should turn outto belong to someone other than the buyer.)

P is entitled to collect the guaranteed debtfrom Rand Q (0: by asking both ofthemoreitherfor the full amount, or one of them for part of itand the other for the rest of it).If another guarantor guarantees the debt forR (0: by saying (A: to P), ""I guarantee Q's debt[A: to you] for R""), then P is entitled to collect itfrom all (A: from Q, R, and the new guarantor).

If P asks for payment from R, then R isentitled to ask Q to pay the debt, provided that Qhad given his permission to R before R guaranteedit.

IfP cancels the debt Q owes him, then Risalso free of the obligation to pay P
But ifP cancelsR's obligation to cover Q's debt, then Q is notthereby free of the debt he owes P.

If R pays Q's debt to P, then R can collectitfrom Q
provided that Q had given his permissionto R before R guaranteed it
But if Q had not(0: given his permission to R to guarantee), thenR i, not now entitled to collect it from Q
nomatter whether R paid it off with Q's leave orwithout it.

It is not valid to guarantee delivery of particulararticles Cayn) (A: as they are not financialobligations (dis: k9.2(b)), such as somethingwrongfully taken, or articles loaned for use (0;i.e
""guaranteeing"" they will be returned to theirowner).

GUARANTEEING ANO'IHER'S APPEARANCEIt is permissible for R to guarantee that Qwill appear in person (0: in court) provided:(a) that Q owes someone something or isliable to punishment for a crime against anotherperson, such as when the other is entitled toretaliate (def: 01--(3) against Q, or when Q hascharged someone with adultery without evidence(def: 013);(b) and that Q gives R permission to guaranteehis appearance.It is not valid to guarantee Q's appearance if(non-(a) above) Q's crime is against Allah MostHigh (0: such as drinking, adultery, or theft).

If R guarantees Q's appearance but doesnot specify when, he is required to produce Q atonce
But if R stipulates a certain time, then he isrequired to do so at that time.If Q disappears and his whereabouts isunknown, R is not required to produce Q until heknows where Q is.(A: When R knows where Q is, then) R isgiven time to travel to where Q is and return
If Rdoes not bring Q, then R is under arrest, thoughhe is not responsible for Q's (Ai unfulfilled) financialobligations.If Q dies, the guarantee is nullified, though ifR is asked to produce Q's body before burial toverify its identity, he is obliged to if able.

Partnership is valid with anyone havingfull right to dispose of his own property.

COOPERATIVE PARTNERSHIPThere are four kinds of partnership (dis: k16.9) of which one alone, cooperative partnership,is valid
It consists of each of the two (A: ormore) partners putting up capital, which must beeither money or a fungible commodity typicallytransacted measure for measure (mithli, def:k20.3(I))(0: as opposed to goods appraised andsold as particular pieces of merchandise(mutaqawwim), which cannot form the basis of apartnership because it is impossible to mix eachpartner's share with the other's (dis: below)).

It is a condition for the validity of acooperative partnership that the two shares ofcapital put up by the partners be intermixed suchthat it is impossible to tell them apart.

It is a necessary condition that each partnergive the other his permission to handle thecapital (0: that they have put up in common).Each partner must deal in a way that realizestheir common capital's best advantage and maximalsafety
Thus, neither partner may travel withit (0: i.e
the shared capital, because ofthe dangerin travelling) or sell for postponed payment (N:unless the other partner gives him permission, inwhich case (A: either of) these are permissible).

It is not necessary that the two shares ofcapital put up by the partners be equal in amount.Both profits and losses are divided betweenthe two partners in proportion to the percentageof the shared capital each of them put up (0: evenif there is a difference in the amount of work thateach does)
If they stipulate otherwise, thepartnership is not valid (0: such as stipulating thatthe partner who put up one hundred, for example,gets two-thirds, while the partner who put up twohundred gets one-third; or stipulating that eachgets an equal share, despite having put up unequalamounts)
(N: This is in the Shafi'i school
TheHallafisand Hanbalis hold that it is permissible forthe distribution of profits to be disproportionate(A: to the amount of capital each invests), correSpondingto the disproportionate amount of workeach puts into the venture (A: or any other divisionof the profits which they both agree upon).)

If partner A forbids partner B to handlethe shared capital, then B is not entitled to handleit, though A is still entitled to (0: handle bothshares, one of which is his by ownership, and theother by permission of his partner) until B forbidshim to handle it.

Each partner is entitled to cancel thepartnership whenever he wants (0: and it is alsocancelled by the death or insanity of either or bothpartners).

The following types of partnerships arenot valid:(1) manual partnership (sharika al-abdan),such as the partnership of two porters or otherworkers agreeing to divide their earnings betweenthem (N: though this type of partnership is valid inthe Maliki, H""II1mutuallycovering the financial liabilities incurred byeither (ibid .• 2.212).*

(n: Given persons X (al-muwakkil) and Y (alwakil)(A: where X gives Y an article to sell forhim
This section deals with commissioning othersto carry out such requests, which have four integrals:(a) X;(b) Y;(c) the act that is being commissioned (almuwakkalfihi);(d) and the words by which X commissions Yto do it).)

I t is a necessary condition that both X andY have full right to perform the act being commissioned,though it is permissible to commission achild to let people into one's house or take a gift tosomeone.

THINGS ONE MAY COMMISSION OTHERS TO DOX may commission Y:(1) to conclude contracts on X's behalf (0;such as a sale
gift
putting up collateral, conductinga marriage contract, guaranteeing payment, ortransferring a debt);(2) to cancel contracts on X's behalf (0: suchas cancelling a sale or returning defective merchandise);(3) to conduct X's divorce;(4) to make claims (A: by lawsuit againstothers, as lawyer), do):(5) to ensure fulfillment of establishedclaims (0: from whoever owes them to X, afterthey have been established by proof);(6) or to take
possession of something that isfree to take, such as wild game, pasturage, orwater (0: by Y conveying it from land which X ispermitted to take it from, since this is a way ofgaining property just as sale is).

It is not permissible for Y to undertakeobligations of worship that X owes Allah MostHigh, except for:(1) distributing zakat to deserving recipients(0: or giving food or alms as an expiation, or voluntarycharity);(2) performing hajj (0: or 'umra, whichanother may perform on the behalf of an invalid ora deceased person);(3) and slaughtering sacrifices (dis: j12.6(end), j14,3).

It is permissible to commission'Y to performan obligation (0: to Allah) that consists ofinflicting a prescribed legal penalty (hadd) (0:such as the penalties for the crimes of accusinganother of adultery without proof (def: 013),adultery, or drinking), but is not permissible tocommission Y to establish that such an obligationexists (0: such as by X telling Y, ""I commissionyou to affirm [A: in court, by Y submitting X's testimony]that So-and-so has committed adultery,""or ""that So-and-so has drunk wine"").

It is a necessary condition for the validityof X's commissioning Y that there be:(a) a spoken proposal (0: indicating X'swish for Y to handle some matter for him) thatdoes not restrict the (A: fact of there being a) commissionby giving conditions under which thecommission takes effect (0: such as saying, ""lfSoand-so comes, I hereby commission you,"" which isinvalid) (A: but rather
a valid commission mustbe) such as saying, ""I commission you,"" or ""Sellthis garment for me"";(b) and an acceptance (0: by Y
whether thisbe) in word or deed, i.e
by Y simply doing whathe has been asked to
It is not necessary that hisacceptance take place immediately.

When X validly commISSIOns Y to dosomething, X may include stipulations about howit is to be carried out, such as saying, ""I commissionyou, but don't sell it till after a month."" (A:The previous ruling prohibits stipulations restrictingthe fact of Y being commissioned, while hereX has already commissioned Y and his stipulationsmerely govern how Yis to do it.) (0: A temporarycommission, such as saying, ""I commissionyou for one month,"" is also valid.)

Y may not commission another to performwhat X has commissioned Y to do unless X eithergives Y permission to commission another, or Ycannot undertake the task (0: because he isunable to, or it does not befit him) or is incapableof it because it is too much (A: for a single personto perform).

THE AGENT'S DISCRETIONARY POWERSY is not entitled to sell an article (A: hehas been comissioned to sell) to himself or hisunderage son, nor (0: is it valid) to sell it:(1) for less than the current price of similararticles;(2) for deferred payment;(3) or for other than the type of money usedlocally;thoughY may do these (0: (1), (2), or (3)) if Xgrants him permission to.

Y's sale of the commissioned article is notvalid when X specifies the type of funds he wantsas its price, but Y sells it for a different type, suchas when X says, ""Sell it for a thousand dirhams,-'but Y sells it for a thousand dinars
But Y's sellingit is valid if X specifies the amount he wants and Ysells it for more, provided the type of funds is thesame, as when X says, ""Sell it for a thousand,"" butY sells it for two thousand-unless X has specificallyprohibited this (0: in which case the salewould not be valid, as it contravenes X's commission).

If X commissions Y to ""buy such and sucha thing for a hundred,"" but Y buys one worth ahundred for less than a hundred, then the purchaseis valid
But if Y buys one for two hundredthat is worth two hundred (A: when X has commissionedhim to buy one for a hundred), then thepurchase is not valid
If X tells Y, ""Buy a sheepwith this dinar ,"" (0: and describes it in type and soforth, since without such a description, the commissionwould not be valid), but Y buys two sheep(A: with that dinar) of which each one is worth adinar, then the purchase is valid and both sheepbelong to X, though if the sheep are not eachworth a dinar, then the purchase is not valid.

When X commissions Y to sell somethingto a particular person, it is not permissible (0: orvalid) for Y to sell it to another.

When X tells Y, ""Buy this [A: particular]garment,"" and Y buys it and X finds it is defective,then Y may return it for a refund (0: and so mayX, since he is its owner)
But when X merely tellsY to ""buy a garment"" (0: without further restriction),then it is not permissible for Y to buy adefective one (0: because the lack of furtherrestrictions is understood to mean being free ofdefects, and if Y buys a defective one, the purchaseis invalid).

It is a necessary condition that the thing'Yis being commissioned to do is determinatelyknown (0: to X and Y) in some respects
Thus, ifX says, ""I commission you to sell my property andconduct the divorce of my wives,"" his commissionis valid, though if he merely commissions Y to""handle everything, large or small,"" or ""all of myaffairs,"" it is not valid.

Y's responsibility in a commission is thatof someone who has been given ,a trust (0: sincehe represents X, and his possession of the article islike X's), meaning that if (0: X's) property isdestroyed without negligence while in Y's possession,Y does not have to pay for it
(0: But whenY is to blame and negligent, as when he uses thearticle himself or keeps it in a place lacking thenormal precautions for safeguarding similar ar·ticles, then he must pay for its loss, as with anytrust
)

Y's word (dis: kS.2) is accepted over X'swhen there is a dispute:(1) concerning the commissioned article'sdestruction;(2) as to whether the article was or was notreturned to X;(3) or whether Y betrayed his trust.

Either X or Y may cancel the commissionat any time
If X relieves Y of his commission, butY does not learn of this and performs it, then whathe has done is not legally binding or effective (0:because he did not have the right to handle thematter).

The commission is cancelled when X or Ydies, loses his sanity, or loses consciousness (Ar.ughmiya 'alayhi, i.e
through other than fallingasleep).

(n: Given persons P (al-mudi') and Q (alwadi')(A: where P deposits an article with Q forsafekeeping until such time as P should want itback
Such deposits have four integrals:(a) the article (al-wadi'a);(b) the verbal ;:J.greement;(c) P;(d) and Q).)(0: The appropriateness of mentioningdeposits for safekeeping after having discussedcommissioning others is plain, namely that boththe person commissioned and the person withwhom something is deposited are bearers of atrust, and do not pay for the loss or destruction ofthe article in their care unless the destruction is theresult of their wrongdoing (A: or remissness intaking normal precautions).)

Deposits for safekeeping are only validwhen both P and Q have full right to handle theirown property.Thus, if a child or a foolhardy person (def: k13.1(A:))deposits something for safekeepingwith an adult, he should not accept it
If he does,then he is responsible for it (0: and must cover thecost if it is destroyed) and is not free of the responsibilityuntil he returns it to the child's guardian.He is not free of the responsibility if he merelyreturns it to the child.If an adult deposits something for safekeepingwith a child (A: or other person without fulldisposal over their affairs), then the child is notresponsible ifthe article is destroyed through negligenceor otherwise (0: as when an act of Godbefalls it), though if the child destroys the article,he is financially responsible for it.

It is unlawful for Q to accept a deposit forsafekeeping when he is not able to protect it
It isoffensive for him to accept it if he is able to protectit but cannot trust himself and fears he may betraythe responsibility
But if he can trust himself, it isdesirable and praiseworthy for him to accept it.

If Q accepts a deposit for safekeeping, heis obliged to keep it in a place meeting the normalspecifications for safeguarding similar articles (A:for his town and times) (0: which varies accordingto the nature of the article deposited, as each thinghas precautions proper to safeguarding it (dis:o14.3).

If Q plans to travel or fears he may die, hemust return the deposited article to P
If Q cannotfind P or someone commissioned by P (A: to manageP's affairs), then he must deliver it to theIslamic magistrate (A: to keep for P)
If there isnone, Q leaves it with a trustworthy person (0:and he is not obliged to delay his trip), though if hedeposits the article with a trustworthy personwhen there is an Islamic magistrate, he is stillfinancially responsible for it.If Q fails to take the above measures (A: ofreturning it to the owner or next most appropriateperson available) and he dies without havingprovided in his will for returning the article, or hetravels with it, then he is financially responsiblefor it
unless he dies suddenly, or looting or firebreaks out in the city, and he travels with itbecause of being unable to give it to any of theabove persons

Whenever P asks for the deposited article,Q is obliged to return it by allowing P to take it (0:i.e
by relinquishing possession of it, though thisdoes not mean he has to transport it to P).

Q is financially responsible for the depositedarticle if:(1) without excuse, he delays allowing P totake it;(2) he deposits the article for safekeepingwith a third party, without having had to traveland when there was no need;(3) he mixes the deposited property with hisown property or with some of P's other propertysuch that the deposited property is no longer distinguishablefrom what it has been mixed with (0:as opposed to when the deposited property can beeasily distinguished and has not depreciated as aresult of being mixed);(4) he takes the article out of the place ofsafekeeping to use,.even if he did not use it (0:because merely taking it out with such an intentionis a betrayal of his trust);(5) he does not keep it in a place meeting thenormal specifications for safeguarding similararticles;(6) or if P has told him, ""Keep it in such andsueh a particular place for safeguarding,"" but heinstead puts it in a different place less protected(0: than the one P indicated), even when this secondplace meets thc normal specifications forsafeguarding similar articles (0: though if Q putsit in a different place with protection equal orsuperior to the place P has indicated, Q is notresponsible for it).

Either party may cancel the deposit forsafekeeping agreement at any time
The agreementis also annulled when either party dies, loseshis sanity, or loses consciousness (Ar
ughmiya'alayhi, I.e
through other than falling asleep).

Q's responsibility in accepting a depositfor safekeeping is that of someone who has beengiven a trust (0: meaning that his claims when heswears an oath (N: and neither side has proof (dis: k8.2))are accepted, as he is a trustee)
His word isaccepted over P's when there are disputes about:(1) whether the deposit for safekeeping wasactually made (0: When P claims that it was);(2) whether the article was returned to P;(3) or whether and how the article wasdestroyed (0: when Q claims it was).Thus if Q says, ""You did not deposit anything withme,"" or ""I returned it to you,"" or ""It wasdestroyed without negligence on my part,"" thenhis word is accepted when he swears.

It is a necessary condition for the validityof a deposit for safekeeping that P states it inwords such as ""I entrust it to you to keep,"" or ""Ientrust it to you to protect."" It is not necessarythat Q give a spoken reply to this, but is sufficientfor him to simply accept the article.*

(n: Given persons A (al-mu'ir) and B (almusta'ir)(A: where A lends B an article to useand return after use
This section discusses suchloans, which have four integrals:(a) the article (al-'ariyya);(b) the verbal agreement;(c) A;(d) and B).)

A's lending an article for B to use is validif A possesses full disposal over his own propertyand has the lawful right to the article's use, even ifhe is only renting it (n: though not if someone elsehas lent him the article without giving him permissionto relend it, as at k19.8).

It is permissible to lend anything that canbe benefited from while the article itself stillremains (0: such that B gets some use out the article,as is usually the case, or else he materiallygains from it, as when he borrows a sheep for itsmilk or its expected offspring, or borrows a treefor its fruit
It is not valid to lend something of nolawful benefit such as a musical instrument (dis:r40),or such things as edibles, which do not themselvesexist after use
since their use consists solelyin their consumption)
(A: The latter would be aloan (qard, def: k10) repayable in kind, and hencenot included in lending for use.)

It is necessary for the validity of lendingsomething for use that either A or B state theagreement in words
(0: The loan is not validexcept by either A or B stating it, such as by Btelling A, ""Loan me such and such,"" and then Agiving it to him
The action alone, between A andB, is insufficient.)

B may then use the article according to thepermission given
He may:(1) do what A has given him permission to;(2) or do the equivalent (0: in respect to thewear and tear on the article involved) or somethingless, though not if A has forbidden B to doother than what he has specifically given him permissionto do.If A tells B, ""Plant wheat,"" (A: on land lent),then it is permissible for B to plant barley, thoughnot vice versa (0: since wheat is harder on the soilthan barley), while if A merely permits B to plant,without further restriction, then B may plantwhatever he wishes.

When A permits B to plant an orchard orbuild buildings on property he lends B, but laterwants the land back, then:(l) if A had stipulated that B would have toremove the trees or buildings, then B removesthem (0: obligatorily, performing what was stipulated,for if B will not, then A may remove them);(2) but if A had not stipulated this, then if Bwishes
he may remove them, though if B does not(0: but rather chooses to keep them there), thenA has a choice between leaving them on the landfor rent (0: tromB for the land), or else removingthem (0: the trees or buildings) and being obligedto pay B a compensation for the loss of value (0:to the trees (A: or buildings)) caused by removal.A is entitled to take back the article lent atany time he wishes.

B is financially liable for the article lent(N: even if it is destroyed by an act of God)
If it isdestroyed while B is using it for other than what Agave him permission to do with it, even if notthrough B's negligence, then B is responsible to Afor the article's value (A: at the market price currentfor similar articles on) the day of its destruction(0: and he may either replace it or pay Afor it).But if the loaned article wears out throughbeing used in the way that A gave permission touse it, then B is not financially responsible for it(N: as when B borrows a garment to wear whichbecomes worn out through use alone).

B is responsible for the measures entailedin returning the article to A.

B may not loan (0: the article lent to him)to a third party (0: without permission).*

(0: Taking another's property is an enormity(dis: p20), the scriptural basis for its prohibitionbeing Koranic verses such as the word of AllahMost High,""Do not consume each other's propertythrough falsehood"" (Koran 2:188).)(n: Given persons X and Y (A: where X takesan article belonging to Y
This section presents thedetails of X's obligation (dis: p77 .3) to restore Yhis property).)

Wrongfully taking (ghasb) means toappropriate what is another's right (0: even if thisconsists of the right to use something, such as forcingsomeone sitting in a mosque or marketplace toget up from his place) unjustly.

When X wrongfully takes anything ofvalue from Y, even if the value is inconsiderable,he is obliged to .return it unless this involvesdestruction to life or lawful property, as when Xtakes a plank and nails it over a leak in the hull ofa ship at sea that is bearing others' property orworthy people or animals (N: meaning those notobligatory to kill (def: e12.8(0: ))).

If the article taken is destroyed while inX's possession or X himself destroys it, then:(1) if it was fungible (mithli, a homogeneouscommodity transacted by weight or measure, anequal amount of which precisely supplies the placeof another), then X is financially responsible forreplacing it with an equal amount, fungible meaningthat which is measured by volume or weight,and which can be validly sold in advance (def:k9.2(b,d,f,g)) sueh as grain, gold or silver, and soforth, while nonfungible (mutaqawwim, com ..modities appraised and transacted as particularpieces of merchandise) means everything else,such as livestock and articles of heterogeneouscomposition, like meat pastry, and so forth;(2) if the article was fungible (mithli) but it isno longer possible for X to obtain an equalamount to return to Y
then X owes Y its value,which is reckoned at its highest market value betweenthe time X seized it and the time of its subsequentunavailability;(3) but if the article was nonfungible(mutaqawwim), X owes Y its highest marketvalue during the interval between X's taking it andthe time of its destruction.(N: The foregoing apply to when X hasappropriated a physical article or commodity('ayn)
As for when he has wrongfully appropriatedthe use of something, the obligationconsists of repaying Y the cost of renting a similararticle for a similar amount of time
)

X's word (0: provided he swears an oath(N: and neither side has proof (dis: k8.2))) isaccepted over Y's when there is a dispute aboutthe destroyed article's value (0: when both agreethat it has been destroyed) or about its destruction(A: as to when it occurred, for example)
But Y'sword is accepted over X's when there is a disputeabout whether or not X returned the article to Y.

If the property returned by X is materiallydiminished or has depreciated in value because ofsome new defect, or both, then X is obliged to payY compensation for the loss ofvalue (0: while stiIIbeing obliged to return the rest).But if the article has diminished in valuesolely because its market price is now less, then Xis not required to pay anything.

If the article possesses a utility (0: meaninga rentable utility, as a house does), then Xowes Y its rent for the period that X had it, nomatter whether he used it or not.

Anyone who obtains the wrongfullyappropriated article from X, or subsequentlyobtains it from the person who got it from X, andso forth
on down, is financially responsible (def: k20.2-6)to Y for it, no matter whether such a personknows of its having been wrongfully appropriatedor not.

(N: Given persons X, Y, and Z, where Xhas wrongfully taken something from Y, and thenZ obtains it from X
This ruling describes the compensationdue to Y when the article has been dam·aged or destroyed in Z's possession.)Y is entitled to demand restoration or paymentfor the loss or depreciation of the articlefrom either X or Z
The obligation to cover thisbecomes Z's own financial liability-meaning thatif Y asks Z for compensation, Z may not in turndemand it from X; though ifY asks X for it, X mayit turn demand it from Z-in the following cases:(1) when Z obtained it knowing that it hadbeen wrongfully appropriated;(2) when Z obtained it not knowing that ithad been wrongfully appropriated, but the meansby which Z obtained it would have made himfinancially responsible for its destruction anyway,as when Z himself wrongfully appropriated it orborrowed itforuse (def: k19) from X
(0: Zisalsofinancially liable if he bought it from X);(3) or when Z obtained it not knowing it hadbeen wrongfully taken, and the means by which hegot it from X would not otherwise have made himresponsible for its destruction except for the factthat he himself precipitated its destruction (A: aswhen X deposits it with Z for safekeeping and Zdestroys it).*

(n: Given P
0, and R (A: where P and 0each own part of some dividable piece of real,estate, and P sells his part to R, a third party
Insuch a case, 0 can legally force R to sell the parftohim by right of preemption (N: whose purpose isto prevent the harm to 0 that would result if Rwere to subsequently go to the Islamic magistrateand demand that the property be divided to distin·guish his property from O's)).)

Preemption is only legally binding:(a) on a portion of real estate (A: that
belonged to P and 0) which can be divided with·out loss of value;(b) when P has sold his part (A: to R) forrecompense.In such a case, Q may preempt its being soldto R by buying R's share for the price that P and Ragreed on
If there are several co-owners in placeof Q, they each buy a part of the share proportionateto the percentage of the whole property theyrespectively own.(A: If there is disagreement between the partiesas to how much P sold it to R for, and there isno proof, then) R is the one to say (A: when heswears (def: kS.2)) how much the price of the part
was.

It is a necessary condition for the preemptivesale that Q effect it with words such as ""Ihereby appropriate this property by preemption.""It is also necessary that Q give R the price,that R agree to let Q pay it later, or that theIslamic magistrate rule that Q may buy the propertyby preemption; in any of which cases Q takespossession of it.If R paid P with something fungible (mithli,def: k20.3(1)), then Q must pay R an equalamount
If R paid with something nonfungible,then Q must pay its value (A: in the marketplaceon) the day of the sale.

There is no preemption if:(1) the property is divided (N: already, byboundary markers or similar);(2) the building and trees on the land are soldseparately from it;(3) the property cannot be divided withouteliminating its usefulness (non-k21.1(a)), such asa cistern or a narrow walkway;(4) R acquired it without paying a price forit, as when it has been given to him as a gift;(5) or if R bought it with a price whoseamount was not known (A: such as ""for this pile ofsilver you see"").

If the building and trees have been soldwith the land (A: for one price), then Q also takesthem as part of the land he preempts.

Preemption must occur immediately (A:upon Q's learning of P's having sold the propertyto R)
When Q learns of it, he must preempt atonce (def: f4.5)
If he delays without excuse, he nolonger has the right to preempt, unless R boughtthe property from P for postponed payment, inwhich case Q has a choice between buying it atonce, or waiting until payment is due and thenbuying it.If Q learns of the sale while ill, or beingdetained, he must commission someone (def: k17)to preempt for him
If he does not, he loses theright to preempt, unless he was unable to commissionsomeone, or the person who informed him ofthe sale was a child or someone unreliable, or hewas informed of it while travelling and thenstarted returning in order to preempt; in all ofwhich cases hc may still preempt.

If R has built, or planted trees (A: beforeQ could prcempt), then Q has a choice betweenpaying R the value of the new buildings (A: ortrees) and taking possession of them, or elseremoving them and paying R for the loss of value(A: to them as a result of being removed).If R has given away the part of the property(A: that he bought from P), made it a charitableendowment (waqf, def: k30), sold it, or retumeditto P because of a defect, then Q may annul any ofthese transactions that R has effected.Q also has the right to take the property fromthe person who bought it from R, by paying thisperson the amount for which he bought it.

IfQ dies (A: before he is able to preempt),his heirs can preempt
If some of them decline todo so, the rest of the heirs may still preempt theentire portion, or may relinquish the right topreempt any of it.*

(n: Given persons X (al-malik) and Y (al'ami!) (A: where X gives Y a sum of money for Yto do business with, on the basis that X will take apercentage of the profits
Such ventures have sixintegrals:(a) X;(b) Y;(c) the work performed by Y;(d) the profit (n: divided between them at agiven percentage);(e) the spoken form;(f) and the venture's capital (n: which is putup by X)).)

Financing a profit-sharing venture (qirad)means for X to give Y money with which to trade,the profits to be shared between them
(0: It is notvalid to finance such a venture on the basis that athird party gets any of the profit.)It is only valid when both parties have fullright to manage their own property
It alsorequires that there be:(a) a spoken proposal (0: by X, such as ""Ifinance you,"" or ""I engage you,"" or ""Take thesedirhams [N: as a trade loan]"");(b) an acceptance (0: by Y in words
It isinsufficient for him to begin working without sayinganything);and that the invested capital be:(c) money (lit
""gold or silver"" (A: moneytaking their place in these rulings));(d) of known amount;(e) physically existent (A: i.e
it can be seenand handled, not merely a debt or financial obligationto be collected);(f) delivered to Y (0: it is not valid to financea profit-sharing venture on condition that thefunds be held by someone other than Y, such as Xholding them and paying for what Y buys, since Ymight not find X when he needs him);(g) (A: and that Y be given the funds) inreturn for (A: X's receiving) a known fraction ofthe entire profit, such as a half or a third.Financing a profit-sharing venture is not validwhen:(1) (non-(c) above) the capital put up consistsof commodities;(2) (non-(f)) X holds the funds;(3) (non-(g)) it is stipulated that either X orY be specifically entitled to the profits from a certainpart of the business (0: such as saying, ""Youget the profits from the clothing, and I get theprofits from the livestock"");(4) (non-(g)) either X or Y is guaranteed (N:for example) ten dirhams of the profit (0: sincethey might not make more than ten, in which casethe second partner would get nothing) (A: rather,they must specify the percentage that each willtake);(5) (non-(g)) it is stipulated that one of thembe entitled to all of the profit;(6) or (non-(f)) it is stipulated that X workwith Y in the business.

Y's role is to conduct business and relatedmatters with consideration for their best financialadvantage and with circumspection
Y may notsell at a loss, sell for deferred payment, or travelwith the capital, and so forth, without X's permission.

The agreement between X and Y is nUllifiedwhenever X stipulates (0: something that isnot obligatory for Y in such ventures, such as) thatY buy wheat, mill it, and bake it; that Y buy yarn,weave it, and sell it; that Y not deal except in suchand such a rare commodity; or that Y deal exclusivelywith So-and-so.

When such an agreement is invalid, thetransactions Y has conducted are valid, and Y ispaid the wages that are usual for such work, unlessX had stipulated, ""I get all the profits,"" in whichcase he takes all of it and Y gets nothing (0: sincehe worked without expecting anything).

When either X or Y cancels the agreement,loses his sanity, or loses consciousness (Ar.ughmiya 'alayhi, i.e
through other than fallingasleep), then the agreement is annulled and Y isobliged to liquidate the holdings (A: by changingthem back into funds).

(A: When neither party has proof,) Y'sword (0: if he swears (dis: kS.2)) is accepted overX's when there are disputes:(1) concerning the amount of capital originallyput up;(2) as to whether or not the capital wasrestored to X;(3) concerning the destruction of the holdings;(4) or as to whether Y betrayed his trust.

If X and Y dispute as to how much of theprofit was stipulated (0: as Y's share, as when forexample Y says, ""You stipulated half for me,""and X replies, ""To the contrary, it was onethird""),then each party swears an oath supportinghis own claim (0: and when they have sworn, Xgets all the profit, and Y receives the wages customaryfor the work he did).

Y does not own his share of the profit untilthe venture's final division
(0: His possession ofit is only finalized by dividing the profits when theholdings are liquidated and the agreement is ter-minated.)*

*

(n: Sharecropping means to farm someone's land for a share ofthe harvest.In the Shafi'i school, it is not permissible or valid except on strips of land betweendate groves under certain conditions
such as:(a) that the landowner provide the seed;(b) that it be unfeasible to separate working the trees from working theground;(c) and that the sharecropper be currently working the trees also, under theabove (k23) arrangement.This section has been left in Arabic below, and rulings from the Hanafischool, which permits sharecropping, have been added by the translator.)

(Ahmad Quduri:) Abu Hanifa (Allahhave mercy on him) holds that sharecropping, forone-third or one-fourth of the harvest (or anythingless or more), is invalid, though Abu Yusufand Muhammad (A: the colleagues of AbuHanifa) hold it to be valid.Sharecropping, in the view of the latter two,is of four types (A: three of them valid and oneinvalid)
(n: Given persons X and Y, and the fouragricultural variables: land, seed, labor, and oxen(Le
the means of plowing):)(1) X provides the land and seed, and Yprovidesthe labor and oxen; which is permissible;(2) X provides the land, and Y provides thelabor, oxen, and seed; which is permissible;(3) X provides the land, oxen, and seed, andY provides the labor; which is permissible;(4) or X provides the land and oxen, and Yprovides the seed and labor; which is not valid.A sharecropping agreement is only valid ifthe period of the agreement is determinatelyspecified (lit
""known""), and it requires that thetotal produce be divided between the partners (A:not a specific number of bushels to one, for example,or on condition that the produce from onepart of the land belong to one of them and the producefrom another part belong to the other) (alLubabfi sharh al-Kitab (y88), 2.228-30).*

(n: Given persons P and Q, where Q rents apack animal from P, or hires P as a guide
The titleof this section, Ijara, has the dual significance ofrenting an article and hiring a person's services.)(0: Lexically, rent is a name for the rentalfee
In Sacred Law it means to take possession ofa utility or service for payment under certain con.ditions
It has four integrals:(a) the spoken form;(b) the fee:(c) the utility or service;(d) and the persons making the agreement.)

A rental agreement is only valid betweentwo persons entitled to conduct sales (def: k1.2).It requires both a spoken offer, such as ""I rent thisto you,"" or ""the use of it""; and a spoken acceptance.(0: The agreement must also specify howmuch the rental fee is.)

There are two types ofrental agreements:(1) renting anticipated utilities or servicesdescribed in advance and under obligation todeliver (ijara dhimma);(2) or renting the use or services of an identifiedthing or individual who is present (ijara'ayn).Rental of something anticipated (ijaradhimma) consists of Q saying, for example, ""I amrenting from you a pack animal of such and such adescription,"" or ""} am hiring you to tailor a garmentfor me,"" or ""to provide me with transportationto Mecca.""Rental of something identified and present(ijara 'ayn) consists of Q saying, for example, ""Irent this animal from you,"" or ""I hire you to sewthis particular garment for me.""

It is a necessary condition for a valid rentalof something anticipated (ijara dhimma) that Paccepts the fee for it at the time the agreement ismade.

The necessary conditions for a valid rentalof something identified and present (ijara 'ayn)are:(a) that the article (or person whose servicesare) being rented be a particular individual (0:meaning visible to the eye, as in sales);(b) that the article (or person's service) bewithin P's power to delivcr such that Q can utilizeit as intended (0: within one's power to deliverincluding both the actual ownership of an articleand the possession of the right to use it, such thatif Q is renting it from P, Q may in turn rent it outtoa third party);(c) that Q have the right to utilize the article(or services of the person hired) as soon as the dealis made;(d) that the utility for which the article isbeing rented not entail the article's destruction;(e) and that the agreement specify a rentalperiod that the rented article will probably outlast,even if it be a hundred years, as in the caseof land.Thus, rental of something identified and present(ijara 'ayn) is invalid when it consists of:(1) (non-(a) above) hiring the services of""one of these two servants"";(2) (non-(a)) hiring someone absent (A:from the place where the agreement is made);(3) (non-(b)) renting land for agriculturaluse when the land is without water and the area'srainfall is insufficient for crops;(4) (non-(c)) P renting out something (A:that he is already renting to Q) to a third party forthe year following the current one, though Q mayrent if for the following year (0: since his rentalperiod is unexpired and the two periods are contiguous);(5) (non-(d)) wax for fuel;(6) (non-(e)) or renting out an articleunlikely to last, for example, more than a year, fora period longer than that.

(0: Additional) conditions for rental ofsomething identified and presentrelating to its use or service) are that its utility be:(a) permissible in Sacred Law;(b) of some value;(c) determinately known (0: as to which oneit is, its amount, and its utility, meaning that bothP and Q know these things), such as saying, ""I rentyou this land to raise crops on,"" or ""to build on,""or ""[A: I rent you this pack animal] to carry suchand such a quantity of iron,"" or ""of cotton"";(d) for a period known (0: to both P and Q);(e) and for a fee known (0: to both P and Q,in type and amount), even when it is merely seenin bulk, or when it consists of the use of someother utility or service.Thus, rental of something identified and present(ijara 'ayn) is not valid when the utility for whichit is being hired or rented consists of:(1) (non-(a) above) playing a flute;(2) (non-(a)) transporting wine, other thanto pour it out;(3) (non-(b)) a hawker's cry that does notrequire any effort, even if it inereases the demandfor the merchandise;(4) (non-( c)) carrying such and such a quantity(0: on a pack animal) when the nature of theload is unspecified;(5) (non-(d)) being rented for ""one dirhamper month"" when the total period (A: of occupancy,for example) is unspecified (A: though onemay renew a valid rent agreement each month,and in such a case the landlord has the right to askfor it in advance);(6) or (non-(e) hiring someone for the ""fee""of providing him with food and clothing.

The particulars ofthe utility (N: such as itsprecise duration) might not become determinatelyknown except through the passage of time,as when renting a house or hiring a wet nurse
Insuch cases the time must be preestimated (A:when the agreement is made, as a condition for itsvalidity)
Similarly, the utility or service might notbecome determinately known except through thework itself, such as when hiring someone to performhajj in one's place (dis: .il.lO) or the like, inwhich case the amount of work involved must bepreestimated.If the utility requires both time and work tobecome determinately known, as is the case withtailoring; building, or teaching someone theKoran, then the utility is preestimated (A: i.e.st.ated in the rental agreement) with regard to oneof these two variables alone
It is not valid to estimatethe utility with regard to both, such as Q saying,""[0: I hire you to] tailor this garment fortoday's daylight hours"" (0: since the workinvolved might take more or less time than that).

The necessary things required by Q inorder to utilize the article"" such as the key (A: toa house), or the reins, girth, or saddle (A: of amount), are P's responsiblility to provide
Thingsthat merely enhance or improve the utility forwhich Q has rented the article are Q's responsibility.

Q is entitled to normal use of the article inobtaining the utility for which he has rented it oran equivalent utility (A: riding it in a differeptdirection, for example, the same distance as thatagreed upon and under the same conditions)
If Qtravels farther than the agreed upon destination,then he is obligated to pay the rental fee agreedupon, plus the amount customarily paid for a distancecomparable to the excess.

It is permissible (0: only when rentingsomething identified and present (ijara 'ayn)) forQ to pay in advance or to defer payment to thefuture
If neither party states whether it is to bepaid in advance or whether in the future, then it ispayable in advance.When renting anticipated utilities or services(ijara dhimma), it is permissible to let Q use theutility prior to the agreed upon period, or to delayuse until after the period.

(0: When renting something identifiedand present (ijara 'ayn)), if the article beingrented is destroyed, the agreement is thereaftercancelled (0: with respect to the future, since thearticle to be utilized is no longer available then, asopposed to the period that has transpired after thearticle's delivery, for which Q must pay anappropriate proportion of the agreed upon fee,based on the current market value of similarutilities or services).(0: When renting an identified and presentutility or service (ijara 'ayn),) if a defect occurs(0: in the article being rented, and the defectobviously entails a discrepancy in the rental fee),then Q has the option to cancel the agreement (0:unless P immediately undertakes to correct orrepair the defect, for if he does, Q is not entitled tocancel it)
But if the rental agreement concerns ananticipated utility or service (ijara dhimma) (0:and the rented article has been destroyed after itsdelivery), then the agreement is not nullified andQ may not cancel it, but is only entitled to ask P toreplace the article so that Q can obtain the utilityanticipated.

If the material Q has hired P to work on(A: e.g
when Q hires P to tailor a garment frommaterial Q has given him) is destroyed in P's possessionwithout his negligence, then P is notobliged to pay for its loss.If Q has rented an article from P and it isruined in Q's possession without his negligence,then Q is not obliged to pay for its loss.

If P or Q dies while the rental agreement isin effect, it is not cancelled
(0: Rather, if P hasdied, Q finishes using the article, while if Q hasdied, then Q's heirs finish utilizing if, Neitherparty has the right to cancel the agreement in sucha case when the article itself still exists.) (A: Thedeath of either party is considered by the Hanafischool to nUllify the agreemen1.)

When the rental period is over, Q mustreturn the article rented and is responsible for themeas.ures (A: and the expenses) entailed inreturning it.

When P or Q stipulates a particular rentalperiod or a specific use for the article, then whenP has delivered the article to Q, and the periodstipulated elapses, or a period elapses that is sufficientfor the utility stipulated to have beenobtained from the article (0: even if it has not infact been obtained), then the rental fee is due (0:from Q, who rented the article under such stipulations),and the article must be returned
(0: Thisruling holds for both renting something identifiedand present (ijara 'ayn) and renting somethinganticipated (ijara dhimma).)

In an invalid agreement, Q owes P theamoul1t typically paid for renting similar utilities,due whenever he would have owed P the feeagreed upon had the agreement been valid.*

(n: Given persons X and Y, where X offers Ya dirham to do a certain job.)

When X says, ""lowe whoever builds me awall a dirham"" (A: or makes a similar offer), thisis termed job wages
It is permissible that (A: theparticulars of) such a job be unknown, though notthe amount of the wage
Whoever then builds thewall for X is entitled to the amount stated, even ifthey are a group of people.

Whoever works when no wage has beenstipulated does not deserve anything
If X gives Ya garment to clean, saying, ""Wash it,"" but doesnot mention a wage, and Y washes it, then Ydeserves nothing (N: unless it is a well known,customary usage that Y should receive a fee, aswhen Y is a barber or presses clothes and the like).If Y says, ""You stipulated a wage for me,"" but Xdenies it, then X's word is accepted (A: whenthere is no proof (dis: k8.2)) (0: if he swears anoath).

Both X and Yare entitled to cancel theiragreement (0: before the job is finished), but if Xcancels it after Y has begun work, then X isobliged to pay Y an appropriate portion of thewage agreed upon (0: such that if the job is halfdone, then X owes Y half the amount, and soforth).Otherwise (0: if X cancels it before Y hasbegun, or if Y cancels it himself after havingbegun), Y gets nothing.*

(n: Given Z, who finds an article lying on theground and picks it up.)

When a responsible adult finds a lost andfound article it is permissible for him to take (0:or leave) it.

If he can trust himself to take the propermeasures for such articles (dis: below), it is recommendedthat he pick it up, though if he cannotdepend on himself not to betray the trust (A: bysimply appropriating the article without tellinganyone), then it is offensive for him to take it.

It is recommended that the finder determinethe type, description,
and amount ofthe articlehe has found, its container, and the stringwith which it was tied (0: it being preferable thathe record this in writing so as not to forget), andfor him to have witnesses attest to his havingfound it.

The following two kinds of articles arepermissible to pick up for safekeeping (def: k27.5)but u.nlawful to pick up as lost and found (A; to beadvertised and then appropriated (def: k27.6)),and should he do the latter, Z is financiallyresponsible for the article:(1) something lost and found within the MeccanSacred Precinct (Haram);(2) or an animal unmenaced by small predators,such as a eamel or a horse lost and found onopen range.In other than these two cases it is permissiblefor Z to pick up the article, either for safekeeping,or to be advertised and then appropriated.

If Z picks up the article for safekeeping,he is not obliged to advertise having found it, andit remains in his care as a trust (def: k17.14) whichhe is never entitled to dispose of in any way untilhe finds its owner, in which case he gives it to him.If Z wishes to deliver it to the Islamic magistrate,the latter must accept it.If Z picks up the article within the MeccanSacred Precinct (Haram) for safekeeping, he isobliged to advertise his having found it (n: as !below).

If Z picks up an article intending toappropriate it if he cannot find the owner, then heis obliged to advertise its having been found for a(0: full) year on the doors of mosques, in the marketplaces,and the vicinity where he found it, inthe manner customary for advertising such things.At the first of the period he should publicize itmorning and evening, then subsequently once aday, then once a week, then once a month, suchthat the first advertisement is not forgotten andthat it is realized that the subsequent notices arerepetitions of it (0: and this is what is meant by thecustomary manner mentioned above)
Z shouldI mention some of the article's characteristics in theadvertisement, but not all of them (A: so that aI would-be claimant is able to prove ownership bydescribing it in detail) (0: for if Z divulges themall (A: and a pretender takes it), then Z is financiallyresponsible for its loss (A: if the real ownershould appear and the pretender cannot befound)).If the lost and found item is not somethingmajor, meaning something unlikely to cause muchregret and which will probably be unsought afterits loss, then it is not obligatory to advertise it fora whole year, though one must advertise it longenough that its owner will probably have ceased tobe concerned about it (N: and this latter is thecriterion for advertising most lost and foundthings, which need not be advertised for a wholeyear).

When Z advertises a lost and found articlefor a year, it does not enter his possession until hechooses to appropriate it with a formal statementto that effect (0: and not by the mere intention.The statement consists of saying, ""I take possessionof it,"" or the like)
Z takes possession of itwhen he chooses to do so (0: by uttering theabove words)
If it is destroyed before he choosesto appropriate it, Z is not financially responsiblefor its loss.

If Z has appropriated the article (N: whichthus enters his financial liability), and the ownerone day appears, then the owner is entitled totake:(1) the article itself, if it still exists;(2) an equal quantity (0: if it was fungible(mithli, def: k20.3(1)));(3) its market value (0: ifi!
was I10nfungible(mutaqawwim), where market value refers to thegoing price for similar articles on the day Z formallyappropriated it);(4) or ,if the article still exists but somedefect has occurred in it, then the owner takes itback with an appropriate compensation (def:k5.4) (0: for the new defect that occurred while Zhad it).

It is offensive for a corrupt person (def:O24.3) to pick up a lost and found article
If hedoes, the article is taken from him and depositedwith someone, trustworthy, and a reliable person isdispatched to oversee the corrupt person's advertising(def: k27.6) of the find, after which the corruptperson may appropriate it.

In cases where safekeeping the article isnot practicable, as whenit is a watermelon or similar,Z may choose to either eat it or sell it (A: ineither case covering the cost if the owner subsequentlyappears), after which he advertises findingit for a year (0: if itis something major, orlessthan a year (dis: k27.6, second par.) if minor).If it is possible to preserve the article, as whenit consists of dates (A: which are conserved by drying),then if it is to the owner's advantage to sell it,Z sells it, while if it is to the owner's advantage todry it, then Zdries it
(0: In such acase, ifZwantsto simply donate the cost of drying it to the owner,he does so
Otherwise, he sells part of the lot tocover the cost of drying the rest, in the owner'sinterests
The difference between this and an animalfound, of which all is sold, is that an animal'smaintenance requires repeated expenditures thatmay add up to more than it is worth.)*

(0: Meaning a child found abandoned withoutanyone to care for it
The scriptural basis forthese rulings is Allah's word:""And do what is good"" (Koran 22:77),and,""Cooperate with one another in [works of]piety and godfearingness"" (Koran 5:2).)

To pick up a foundling is a communal obligation(def: c3.2)
A child that is found (N: in aMuslim town) is considered a Muslim, andlikewise if found in a non-Muslim town if there isa single Muslim therein, even if he denies the childis his (N: because the religion of someone whosereligion is unknown is considered to be that of thepeople of his own city, and in this case there aretwo religions, with Islam given precedence, as it!
always surpasses and is never surpassed.Moreover, considering the child a Muslim is acause for his own happiness and salvation, as hewill be raised in Islam).

If money is found with the child or underhis head, it belongs to him.

If the finderis a resident, trustworthy, andMuslim, then the child remains with him, and he isobliged to have witnesses attest to his havingfound the child and whatever was found with him(0: such as clothing or money).The finder spends the money found with thechild for its own expenses with the permission ofthe Islamic magistrate
If there is no Islamicmagistrate, then the finder spends it anyway, buthas witnesses attest to the amount of the expenditures.If no money was found with the child, thenits expenses are paid for by the Muslim commonfund
If there is no money in the Muslim commonfund (N: or no Muslim common fund), then thefinder may borrow money to cover its expenses asa financial obligation to be later repaid by thechild.If the finder is a corrupt person (def:O24.3(A:)) or a non-Muslim, then if the child isconsidered a Muslim (dis: k28.1), he is taken fromthe finder.If two people find the child and disagreeabout whom the child should remain with, thenthe one who is a resident and wealthy is given preference.

(A: Adoption is unlawful in Islam when it means giving a child one's ownname, a share of one's estate division (irth, def: L1.0), and so on
But when itmerely means giving the child a home and other advantages provided by familylife until it grows up, then it is a charitable act rewarded by Allah
And Allahknows best.)

(0: The scriptural basis for competitions andraces entailing prize money is the word of AllahMost High,""And make ready against them whateverforce and lines of horses you can"" (Koran 8:60).Muslim relates from 'Uqba ibn 'Amir that theProphet (Allah bless him and give him peace)said,""Force means marksmanship,""repeating this three times.)

Races with prize money for the winner arepermissible between horses, mules, donkeys,camels, or elephants, provided that the animalscompeting are of the same species, though it isnot, for example, permissible to have such a racebetween a camel and a horse.It is a necessary condition for such a race thatthe participants know which animals will be ridden,the amount of the prize, and the distance tobe run.

The prize money may be put up by bothcontestants, either one, or by a third party
If theprize money is put up by either contestant or by athird party, then the race is unconditionally permissible,and the winner takes all (N: regardlesswhether he was the one who put up the money orwhether it was the other person).But if the prize money is put up by both contestants,then it is a necessary condition that athird rider enter the contest with a mount equal totheirs (A: in speed, stamina, and so forth,) whoputs up no money (N: so that it may be distinguishedfrom gambling
If all three put up themoney, then it is necessary that there be a fourthcontestant with them who does not pay, and soon)
(A: Similarly, bets from one side alone, suchas saying, ""I will give you ten dinars if what youhave said proves to be correct,"" are lawful whenthe other party bets nothing.)Here, the winner takes all
If two riders finishtogether, they divide the prize.

COMPETITIONS IN MARKSMANSHIP FORPRIZE MONEYIt is also permissible to compete for prizemoney in competitions of skill at archery, spearthrowing, or other military weaponry, when theprize is put up by both contestants, either one, ora third party, though if put up by both, it is necessarythat a third marksman enter the contest, asmentioned above (A: meaning one comparable tothe others in marksmanship, who puts upnothing).It is a necessary condition for the validity ofsuch a competition that the following details bespecified before the contest:(a) who will be shooting;(b) the number of shots per bout, how manyshots are needed to win, and the criterion for a hit(A: that is, in archery, whether the arrow muststick or whether it need merely leave a mark);(c) the distanct: to the target;(d) and which of the contestants is to begin.

It is not permissible to conduct contestsfor prize money that involve birds, footracing, orwrestling (0; since they are not military weaponryor equipment).

RULINGS CONCERNING GAMES(N: As for games:(1) every game played by two or morepeople that relies on luck, conjecture, and guessingis unlawful, no matter whether money is stipulatedor not;(2) paying prize money in every game thatencourages and assists fighting for Allah (jihad,def: 09) is permissible if the terms of the competitionconform to the rulings discussed above in thissection (k29.1-4);(3) every game not of the preceding twotypes is permissible if no money is paid therein;(4) and any of the above-mentioned thingswhieh are permissible become unlawful if theyprevent one from performing a religious or thisworldlyduty.)*k30,0 ESTABLISHING AN ENDOWMENT(WAQF)(0: Lexically, waqfmeans to be retained, InSacred Law, it refers to the retention of any propertythat can be benefited from while the propertyitself still remains, by suspending disposal of it;with the financial proceeds of it going to some permissibleexpenditure
The scriptural basis for it isthe hadith related by Muslim that the Prophet(Allah bless him and give him peace) said.""When a human being dies, his work comesto an end, except for three things: ongoing charity,knowledge benefited from, or a pious son whoprays for him, ""from which scholars understand ongoing charityas meaning an endowment (waqf).)(n: Given persons P (al-waqif) and Q (almawquf'alayhi) (A: where P owns, for example,an apartment building that he makes an endowment(waqf), the rent of which will henceforth goto Q, and P stipulates that Q must supervise theupkeep of the building
This section deals withsuch endowments).}k30.1 Establishing an endowment is an act ofworship.k30.2 Establishing an endowment is not validunless the following conditions are met:(a) that P have full nghtto manage his ownproperty (0: full right to manage his own propertyincluding the non-Muslim, whose endowment islegally valid, even if it is for a mosque);(b) that the endowment concern a particularidentified article ('ayn) (0: it being invalid tomake the mere ""right to use something"" anendowment, because it is not a particular article);(c) that the article have a (0: lawful) use;(d) that it remain existent (0: for a period inwhich it would be feasible to rent or hire it out),such as real estate or an animal (0: or clothing,weapons, Korans, or books
It is not permissibleto make an endowment of something that cannotbe utilized except by using it up, such as food);(e) that the beneficiary be some particularparty (0: such as the poor, for example) besides Phimself, whether the endowment is an act ofworship,as when the beneficiary is mosques (0: orIslamic schools), one's relatives, or the generalgood; or whether it is merely permissible, such asan endowment that benefits the wealthy, orJewish and Christian subjects ofthe Islamic state;(f) and that the endowment be formallyestablished by words that effect it such as ""I makeit an endowment,"" or ""I restrict [0: such and sucha thing to benefit So-and-so],"" or ""I give [A: suchand such] as nonsaleable charity.""High (0: not P or Q) (N: meaning that eventhQugh everything is the property of Allah, thearticle is now dissevered from its metaphoricalhuman ownership), while Q owns the proceedsfrom it and its utilities (0: and all the benefits thatcome from it after the endowment has been made,such as rent, the fruit of trees, or offspring
Q maydispose of these as an owner would, as this is thepurpose of the endowment
He may utilize theendowment either personally, or through anotherby loaning it for use or renting it out).k30.4 The interests ofthe endowment (O:.i.e
itsconcerns, condition, upkeep (N: and supervisi/m)) are looked after by whoever P stipulates,whether himself or Q or a third party
If P does notstipulate (0: that anyone in particular look afterit), then the responsibility belongs to the Islamicauthority (N: by himself, or through the person heappoints to do so).k30.S The proceeds of the endowment (0: suchas the produce of an acreage endowment, or therent of a property endowment) are disposed of asP stipulates, in terms of (A: for example):(1) proportionality of shares (0: betweenrecipients as to the amount each receives, such ashaving stipulated twice as much for males asfemales, or vice versa, or equal shares for each);(2) precedence (0: in some receiving theproceeds before others when they are a group,through a condition that determines who deservesto receive it);(3) inclusiveness (0: of (A: all) recipients, asby saying, ""I make this an endowment for my childrenand their children,"" where the word andimplies that each person must be given a share);(4) priority (0: such as saying, ""I make thisan endowment for the benefit of Islamic scholars,without restriction, and after that [A: if there areno more to be given a share] to the poor,"" or ""Imake this an endowment for the benefit of Zayd,and then 'Amr,"" where if one dies, the next onereceives his share);(5) or other conditions (0: such as the proceedsgoing to those most closely related to P (N:of his offspring) ,and then the less closely related).k30.6 (n: The following are examples ofinvalidityof establishing an endowment due to lack ofone of the conditions mentioned at k30.2 above.)An endowment is not valid when it consists of:(1) (non-k30.2(b)) a debt (N: that someoneowes to P);(2) (non-(b)) ""One of these two houses"";(3) (non-(d)) food;(4) (non-(d)) sweet basil (A: which used tobe spread on floors as an air freshener) (0: sinceit quickly deteriorates) (N: i.e
if it is uprooted,though if it is growing, it is valid to make it anendowment);(5) (non-(e)) when its beneficiary is unidentifiedby P, or unknown (0: since the endowmentcannot be implemented
It is thus invalid if Pstipulates ""whoever Zayd says"" as thebeneficiary), or is P himself (0: including Pstipulating that the proceeds of the endowment beused to payoff his debts, or when P eats of its produce,or utilizes the endowment for his ownbenefit, any of which invalidates the endowment);(6) ( non-( c)) when the proceeds are directedto an unlawful use, such as building a church (dis:011.5(7)) (0: or purchasing lamps for a church, orbuilding walls around it, since this assists disobedienceto Allah
Rafi'i says, ""The same is true of anendowment for printing the Torah or New Testament,which is invalid because the Jews andChristians have altered the texts and interpolatedspurious material, it not being permissible tooccupy oneself with printing their scripturesbecause doing so is to participate in their disobedienceto Allah"");(7) (non-(f)) when the beginning or end ofthe endowment's being in effect are subject toconditions such as saying, ""I make it an endowmentstarting from the first of next month,"" or""for one year,"" or ""provided that I am entitled tosell it"" (0: or ""on condition that I may take it backwhenever I wish"");(8) or (non-(e)) when (n: P stipulates, as apriority order of beneficiaries, ""0, then R,"" and)o is not an eligible recipient-1>uch as P stipulatinghimself as the first beneficiary-but R is an eligiblerecipient, as when P stipulates (A: after himself)""and then the POOL""k30.7 If P designates a particular recipient (0:or group of recipients), it is a necessary conditionfor the validity of the endowment that therecipient accept it
If he refuses it, this invalidatesthe endowment.k30.8 If P designates a particular person (lit.""Zayd"") as an endowment's beneficiary, but doesnot stipulate anyone after him, then the endowmentis valid, and after the particular person isgone, its beneficiaries are the poor ofP's relatives.

(n: As when X gives Y a gift.)*

Gift giving is recommended
It is superiorto give gifts to one's relatives than to nonrelatives.When giving gifts to one's children, it is recommendedto give each child the equal of what theothers are given.

Gift giving is only valid under the followingconditions:(a) that X have full right to manage his ownproperty;(b) that the gift be something permissible tosell (def: k2.1);(c) that X give it with spoken words thateffect it;(d) and that Y accept it with a spoken reply.

Y does not own the gift until he takes possession(def: k7.3) of it, before which X may takeit back
It is not valid for Y to take possession ofthe gift without X's permission
In cases where Xgives Y an article that is already being kept with Y(0: as when Y has it as a trust for safekeeping, orhas borrowed it), or X has put up the article as collateralfor Y, and now simply gives Y the article,then it is necessary that Y obtain X's permission totake possession of the gift, and that enough timeelapse for Y to reach the gift (0: ifitis distant) andtake possession of it.Once Y has taken possession of the gift, X isno longer entitled to take it back
An exception tothis is when one gives a gift to one's child, or theirdescendant, in which case one may ta,ke the giftback, unless such a receiver has sold it in themeantime, and the article has subsequentlyreturned to him (0: by sale or gift), in which caseone may no longer take it back.

If X gives Y something and stipulates thatY give him something determinately known inreturn, this is valid, but is a sale (A: not a gift)
IfX stipulates that Y give him something in returnthat is not determinately known, then the gift isinvalid
If X does not stipulate that anything begiven him in return, then Y is under no obligationto him.*

(n: This section, which begins, ""To free a slave is an act of worship,"" dealswith a system of ownership that Islam did not invent but found fully establishedand not possible to instantly abolish, so it rather encouraged its elimination insteps, with incentives
It closed all avenues for obtaining new slaves except thecapture of war prisoners, the soldiers of whom the caliph had the option to enslaveor not; it encouraged the freeing of slaves by the tremendous reward from AllahMost High; and it materially helped slaves to purchase their freedom by providingthem the money to do so from zakat funds (dis: h8.15)
Like previous referencesto slaves, the following four sections have been left untranslated because the issueis no longer current, unlike the times of our author Ibn Naqib, whose rulers, theMamelukes of Egypt, were themselves slaves who legally belonged to the Islamicstate, a fact sufficient to show the fallacy of understanding slavery in the Islamicmilieu in terms of the institution that existed in nineteenth-century America andelsewhere in the West (dis: w13).)

(n: Sections Ll, L2, and L3 have been moved here from their original placeat the end of last book
They deal with bequests, meaning testamentary dispositionof one's property (wasiyya) such as to say, ""1 bequeath such and such to Soand-so""; while sections L4 through LlO form the original content of book L, anddeal with estate division (irth).)(A: The difference between bequests (wasiyya) and estate division (irth) isthat a bequest is the act of a living person disposing of his own property, even if itis to be implemented after his death, while estate division occurs after his deathaccording to the Koranic rules of inheritance
Because a bequest is the act of aliving person with his own money, it is legally valid for a Muslim to bequeath upto a third of his property to a non-Muslim (dis: L3.13(1))) and similarly valid for anon-Muslim to bequeath his property to a Muslim
Nawawi says:""A bequest is legally valid from any legallyresponsible free person, even if non-Muslim""(Mughni al-muhtaj ita ma'rifa ma'ani alfaz al-Minhaj (y73), 3.39).But it is invalid and unlawful for a non-Muslim to inherit property throughestate division from a Muslim (dis: L5.2), or vice versa
The determining factor inthe permissibility of a Muslim and non-Muslim inheriting from each other iswhether the property comes by way of a bequest (wasiyya) made by the deceasedbefore his death, in which case it is permissible, or whether it comes by way ofestate division (irth) made after the deceased's death according to the Koranicrules of inheritance
in which case the difference between their respective religionsprevents it.)(0: Our author only mentions bequests atthis point (n: at the end of book k, as mentionedabove) before estate division because of the factthat a person first makes bequests, then dies, andthen the estatc is divided
The scriptural basis for
the validity of bequests, prior to the consensus ofscholars, is the word of Allah Most High,"" ..
after any bequest which has been made,and after any debts"" (Koran 4:12).)(n: Given persons X (al-musi), Y (al-wasiyy), and Z (al-musa lahu) (A:where X has made provision in his will for Z to receive a bequest (wasiyya) of asum of money, and X appoints Y as his executor to make sure this is done).)

A bequest made by X is valid if he is legally responsible (mukallaf, def: eS.1), even if he isa spendthrift.

The discussion is in two parts (n: namely,section L2, on X's appointing Y as the executor,and section L3, on the bequest itself).*

(0: Appointing an executor means for X toput Y in charge of his property and young children,bequests, paying his debts
or collecting hisproperty from others
The verbal form is
""1appoint So-and-so to execute such and such abequest
"")

The necessary conditions for the validityof X appointing Y as the executor of his bequestare that Y be:(a) legally responsible (mukallaf, def: c8, 1);(b) upright (def: O24.4) (0: meaning theuprightness of Islam, as it is not valid under anycircumstances for Y to be a non-Muslim if X is aMuslim);(c) and that Y have the knowledge andcapacity to properly undertake the bequest.

The following examples of X appointing Yas the executor of his bequest are legally valid:(1) when X appoints Y as his executor at atime when Y is not legally eligible to be it, but bythe time of X's death, Y is eligible (0: by fulfillingall the above (L2.I) conditions);(2) when X appoints a group of two or morepeople as his executors (0: and if he does so, thenif he does not stipulate that each of them mustmanage their respective role, but rather says thatthey are to manage the legacy collectively, or doesnot say anything, then they must cooperate andnot manage the work, maintenance, and dealingsas separate individuals
Cooperate in such a casemeans that their acts proceed from the decision ofthe group, and does not mean, for example,that when they buy something they mustall conduct the transaction together
Rather, if allagree to permit something, it is sufficient for oneof them to take the matter in hand and carryit out);(3) when X appoints (n: for example,) W,and then after him, Y (N: or vice versa) (0: saying,""I appoint W as executor until Y comes, butwhen Y arrives, he is the executor,"" or ""I make Wexecutor for one year, and when it has passed,then Y is the executor"");(4) or when X appoints Y as executor.authorizing him to appoint in tum whomever hechooscs as exccutor of the bequest (0: if the personfulfIlls the conditons (L2.1)).

'X's appointing Y as the executor of hisbequest is not legally effective until Y accepts thisresponsibility after X's death, even if this acceptanceis not immediately thereafter.Both X and Yare entitled to cancel theappointment of Y as executor of the bequestwhenever they wish (0: unless (A: after X'sdeath) Y feels it almost certain that the propertywill be lost through a wrongdoer appropriating it,in which case Y may not withdraw as executor,meaning it is unlawful for him to do so
In such acase, if Y withdraws of his own choice, he is notthereby free of having to execute the bequest,though he is not obliged to continue therein withoutremuneration, but does so for a fee.)

It is not legally valid to appoint anexecutor unless the bequest consists of some goodwork or pious act such as paying off a debt, makingup a hajj (dis: j1.9), looking after the welfare ofone's children, and so forth (0: excluding actionsthat are not dispositions of property, such as marryingoff the children) (A: and excluding acts ofdisobedience such as those mentioned above atk30.6(6)).

When X's father is still alive and fit forguardianship (def: m13.2), X may not appoint Yto look after the welfare of his children.*

X may devote one-third or less of hisfinancial resources to bequests, but not more thanthis, one-third meaning a third of his property as itstands at the time of his death (0: not before orafterwards).(A: If there are no Myslim heirs, or if the existent Muslim heirs do notdeserve the whole estate, such as when the sole eligible estate division heir is ahusband or wife (dis: L6.3-4), then the Hanafi school permits disposing of morethan a third of one's property in bequests (dis: w44), more than a third meaningeverything in excess of what one's eligible heirs deserve by estate division (irth).)(n: Tne ruling in the Shafi'i school is that such an excess may not be disposed ofin bequests, but rather is given to the Muslim common fund (bayt ai-mal) if itexists, as mentioned below (U.3(0:) and L9.1).)

If X's heirs (def: lA.4) are not poor, it isrecommended for X to devote a full one-third tobequests, but if not (0: i.e
if his heirs are not welloff, as when they do not have any money at all, orhave some, but not enough for their expenses, andthe other two-thirds (A: of the estate that constitutestheir obligatory shares) which they deserve isinsufficient), then it is not recommended for X todevote a full one-third to bequests.

If X wills more than one-third in bequests,then his dispositions are not valid regarding theportion in excess of one-third when he has no one(0: in particular) to lawfully inherit the rest (A:who, ifthey existed, could give permission for theexcess, as discussed below)
(0: In cases wherethere are no heirs, the Muslim people have betterright to X's property, and no one may waive thisright.)Nor are Xs bequests in excess of one-thirdvalid when he has an heir, but the heir refuses toauthorize the excess, though if the heir (N: orgroup of heirs unanimously) permits it, such abequest is valid
It is not valid for the heir toauthorize the excess or refuse to do so until afterX's death.

Charitable expenditures made by X in hiswill (0: such as an endowment (waqf, def: k30),gift, and so forth) are considered as part of thebequeath able one-third.

Bequests concerning obligatory expendituresare also considered from the bequeathableone-third, provided that X has stipulated that theycome from it
(0: Though if the bequeathabkthird does not cover these (A: despite X havingstipulated that they come from it), then the excessis paid from the remaining two-thirds
Obligatoryexpenditures include such things as paying debts,making up the hajj (dis: jl.9), paying zakat (A: forany year that the deceased neglected to pay it),expiations, and the fulfillment of vows that wouldhave been binding had X been well.) But if X didnot stipulate (0: that these obligatory expenditurescome from the bequeathable one-third),then they come directly from the other two-thirds.

Current charitable dispositions of propertymade by X during his life, such as establishingan endowment (waqf, k30), giving a gift, orothers, are considered as personal expenditures pfhis own money (0: and he could spend it all witL'out any objection) if made while he was in soundhealth
But if X makes such current dispositionsunder any of the following circumstances, whenthese are linked with his death, then the dispositionsare considered as having come from thebcqueathable one-third:(1) in the final illness which brought aboutX's death;(2) in military combat;(3) while travelling on rough seas in a storm;(4) as a final request before being killed;(5) or (0: if female) X dies while givingbirth, or afterwards before separation of theplacenta.If otherwise
(0: meaning if the currentcharitable disposition was not made under any ofthe above circumstances, or was, but the circumstancewas not linked with X's death,) thenthe disposition is not taken from the bequeathableone-third.

(N: We distinguish between the above-mentioned current dispositions (n:such as gifts, endowments, and donations), and between bequests by noting thatcurrent dispositions are effective before X's death, while bequests are effectiveafter
Current dispositions are normally implemented even if X uses up all hismoney,
while bequests-unless X's heirs unanimously agree to allow otherwisearerestricted to one-third of the estate
An exception to permitting current dispositionsto amount to as much of X's property as he wishes is when they are effectedduring his death illness (n: or other L3.6 circumstance), in which case they arelimited to one-third of the estate, just as bequests are.)If one-third of the estate does not cover thecost ofthe (N: current) dispositions which Xmadeduring his (N: final) illness, then (0: if these havebeen given in some order) they are implementedfirst thing first, then second, then third, and so on.(N: Thus, if during his death illness, X said to his three friends P, Q, and R,""I give P a gift of 100 dinars, Q 100 dinars, and R 100 dinars,"" but it turns out thatX's total estate is only 600 dinars, then his gifts to P and Q are valid, but we takeback his gift to R, which is not valid because it exceeds the 200 dinars that is a thirdof the 600 dinars constituting the whole estate
This is what is meant by implementingthem in order.)

The bequeathable one-third of the estate
is divided (0: proportionally (N: if shares vary))between all the recipients X designates when:(1) (N: in cases of death illness current dispositions.such as gifts) X did not state them in anyparticular order (N: such as by saying (n: in a situationlike the above example) to P, Q, and R, ""Igive you each a hundred dinars,"" in which case thebequeath able one-third is divided between them);(2) or (N: in cases where X has explicitlymade bequests) the bequeathable one-third willnot cover all the bequests, whether they weremade separately or not.(N: All of the above (L3.6-8) only holds if theheirs do not agree to permit more than one-thirdof the estate for bequests or current dispositions,since if they unanimously agree, it may exceed athird, even if it takes the whole estate.)

Bequests made to nonspecific individualssuch as the poor are effective when X dies
(0:They own the property without the fact of ownershipdepending on their accepting it.)

When X bequeaths something to Z, a particularindividual, the ownership of the articlebequeathed is suspended, meaning that if Zaccepts it after X's death, even if after some timehas passed, then Z has owned it from the momentX died; but if Z declines to accept it, then X's heirsown it
If Z accepts it, but then refuses it beforehaving taken possession of it (def: k7.3), this cancelshis ownership ofit, though if he refuses afterhaving taken possession of it, it does not cancel hisownership (0: as his refusal is meaningless in sucha case).

It is permissible to make the implementationof a bequest subject to a condition, whetherthe condition is something occuring before X'sdeath (0: such as his saying, ""If Z enters So-andso'shouse, I bequeath to him such and such of myproperty,"") or after (0: such as his saying, ""If Zenters So-and-so's house after my death, Ibequeath to him such and such of my property"").THINGS WHICH MAY BE BEQUEATHED ""!;f"""".Y
\..

It is permissible to bequeath any of thefollowing:(1) the right to utilize something (0: whilenot bequeathing the actual thing);(2) particular things;(3) something not yet existent, such as ""whatthis tree will bear"";(4) something not determinately known (0:whether it be an unknown thing (A: such as ""thecontents of this box""), or something unknown inamount);(5) something undeliverable (non-k2.4);(6) something not currently owned (0: at thetime the bequest is made, but which X owns at thetime of his death);(7) or something impure (najasa, def: e14.1)that has a lawful use, such as a (0: trained hunting)dog, or oil contaminated with impurity;though not something impure that is without lawfuluse, such as wine or pigs.

THOSE TO WHOM BEQUESTS ARE VALIDIt is permissible for X to bequeath somethingto Z even if Z is:(1) a non-Muslim at war with Muslims (A:and with still better right when Z is an ordinarynon-Muslim);(2) a Jewish or Christian subject of theIslamic state;(3) an apostate from Islam;(4) the person who kills X;(5) X's heir (def: L4.4), provided X's otherheirs permit him to receive it (0; though ifthey donot, then the bequest is not carried out);(6) or to a person yet unborn, in which casethe bequest is paid to the person (0: i.e
guardian)who knows of the unborn's existence at the time Xmakes the bequest, provided that the child iseither born alive within six months of the time thebequest is made, or is born alive more than sixmonths and less than four years after the bequestis made, during which time the mother has had nohusband (0: from whom the pregnancy couldhave resulted).

CANCELLING ONE'S BEQUESTSIf X makes some article a bequest but thenchanges his mind, his taking it back is valid, annullinghis bequest
X's doing any of the following isalso considered taking it back (A: and cancels thebequest):(1) X's loss of ownership (0: of thebequeathed article) such as by sale or gift;(2) X's subjecting the article to loss of ownershipby putting it up as collateral, offering it forsale, or making another bequest that stipulatesthat it be sold;(3) or when the name of the article changes,such as wheat being ground into flour, flour madeinto dough, yam woven into fabric, or when Xmixes a particular article with other goods.

IfZdies before X, thenX's bequest to himis invalid
If Z dies after X but before Z accepts thebequest, then Z's heirs may accept or reject it.*

(0: Estate division refers to the share allottedto each heir by Sacred Law
The scriptural basisfor estate division,prior to the consensus of scholars,consists of the Koranic verses on inheritance(Koran 4:11-12, 4:176) and hadiths such as theone related by Bukhari and Muslim that theProphet (Allah bless him and give him peace)said,""Give the obligatory shares of the estate tothose who deserve them,and the rest belongs tothe closest male to the deceased.""Encouragement to master the knowledge ofestate division comes from such hadiths as the onefrom Ibn Mas'ud (Allah be well pleased with him)that the Prophet (Allah bless him and give himpeace) said,""Learn estate division and teach it to people,for I am someone who will be taken from you, andthis knowledge will be taken from you andcalamities win ensue, until two men will one daydisagree about the obligatory apportionment andwill not find anyone to judge between them."")

(n: To work an estate division problem, one should:(a) determine the amount of the deceased's estate after deducting the L4.2-3 expenses;(b) make a list showing which of the deceased's heirs mentioned at IAAexist;(c)
eliminate from the list any heirs with preventives L5 .1--4;(d) on a sheet of paper, copy the parenthesized introductory paragraph (""N:summary of --'s share,"") for every eligible heir that exists, such as thedeceased's:(1) husband (dis: L6.3);(2) wife (L6A);(3) father (L6.5);(4) mother (L6.6);(5) daughter (L6.7);(as mentioned at L6.8, the shares of the above-named family members are noteliminated by anyone, though the shares of those named below may be eliminatedby the existence of certain other heirs)(6) son's daughter (L6.9);(7) full sister (L6.1O);(8) half sister from the same father (L6.1l);(9) grandfather (father's father only) (L6.13);(10) grandmother (L6.18);(11) half brother or half sister from the same mother (L6.20);(12) and then the others (sons and so forth) mentioned at L6.22;(e) read section L7 and cross off the list of heirs those whose shares are eliminatedby the other existent heirs;(f) if any universal heirs (def: UO.S) exist, see which of them eliminates theshares of the other universal heirs, as at LIO.6;(g) make a table of the heirs remaining (after (e) and (f) above) like thetables shown at L6.6, where one writes the type of heir, the fraction each deserves(with the universal heir receiving the remainder, if any), and then atthe top writesthe total shares (this being the common denominator of the fractions), after whichone calculates the shares that go to each;(h) if the fractions (of those besides the universal heir) add up to more thanone (Le
the total estate), then one must adjust for this as shown at L8.2;(i) but if the fractions add up to less than the total estate and there is no universalheir to inherit the rest, then one must redistribute the shares as describedat L9.1-2.One may practice and test one's skill at estate division by reading through thepresent section and doing the problems depicted in the tables, though to do all theproblems one must have (or memorize) a full worksheet that contains all theinformation mentioned in (d), (h), and (i), above, plus the rules concerning universalheirs discussed at L10.l--4
Finally, it is best to check one's answers with anIslamic scholar, preferably a teacher from whom to take instruction, since this isa subject that is easier to acquire from its masters than from books.)

EXPENSES DEDUCTED FROM THE ESTATE PRIORTO ESTATE DIVISIONThe first thing (0: obligatorily) takenfrom X's property is the expense of preparing hisbody (0: such as the cost ofthe water to wash him,the washer's fee, cost of the shroud and perfumeplaced therein, pallbearers' fees, and so forth) andof hurying him
These expenses are deductedbefore X's debts are paid, his bequests fulfilled, orhis estate divided, unless there is a financial obligationdue on the property itself, such as:(1) when there is zakat (A: due from anyyear X neglected to pay it before his death);(2) when some of the property has been putup as collateral (dis: kl1.2);(3) or when X dies bankrupt with unpaid-formerchandise among his property (A: which mustbe returned to the seller before paying otherexpenses from X's property).

After the above are paid, the followingmeasures are taken (A: and the sequence given isobligatory) :(1) X's debts are paid (N: though if a governmenttakes non-Islamic estate taxes, these arededucted from the main part of the estate (A:before debts or bequests, as any other losswould be));(2) then X's bequests (def: 1.1-3) are carriedout (0: from a third of what remains after debts);(3) and then X's remaining property isdivided between his estate division heirs.

HEIRSX's male heirs consist of:(1) X's son;(2) .x:'s son's son, son's son's son, and ondown;(3) X's father;(4) X's father's father (A: the term grandfatherthroughout the book of inheritance refersonly to this paternal grandfather), father's father'sfather, and on up;(5) X's full brother, or half brother from X'sfather or mother;(6) the son of X's full brother, or son of X'shalf brother from the same father;(7) X's father's full brother, or father's halfbrother from the same father;(8) the son of X's father's full brother orfather's halfbrotherfrom the same father;(9) and X's husband.X's female heirs are:(1) X's daughter;(2) X's son's daughter, son's son's daughter,son's son's son's daughter, and on down;(3) X's mother;(4) X's grandmother (whether she is themother of X's father or mother), great-grandmother,and on up;(5) X's full sister, or half sister from the samefather or mother;(6) and X's wife.

EXTENDED FAMILY MEMBERS WHO DO NOTNORMALLY INHERITThe following extended family membersmay not inherit from X's estate (except under theconditions discussed at L10.8):(1) X's daughter's children (0: male orfemale);(2) X's mother's brother's sons;(3) X's sister's children, the sons ordaughters of X's daughter's children, or the sonsor daughters of X's sister's children;(4) X's brother's (0: whether full brother's,or half brother's from either parent) daughters;(5) X's father's brother's (0: whether fullbrother's, or half brother's from the same father)daughters;(6) X's father's half brother from the samemother;(7) X's mother's father;(8) X's mother's brother or sister;(9) X's father's sister;(10) or anyone related to X through one ofthe above.*

(0: Preventive means that if someone is anestate division heir (def: U.4) but one of the followingcharacteristics exists in him, then he maynot inherit.) (A: In calculating the estate division,an heir who is made ineligible by a preventive isconsidered nonexistent
Such a person is anonheir, and as such is eligible for a bequest (def:L1.0) if X wills him one.)(n: Given X, the deceased; and Z, his heir.)

The first preventive is killing
Whoeverkills X may not inherit from him, no matterwhether the killing was:(1) lawful, as in retaliat!on (def: 03) orimposing a criminal penalty;(2) without lawful right;(3) accidental;(4) intentional;(5) direct (0: such as Z shooting while hunting,and the shot hitting X);(6) or when Z is a causal factor in X's death,such as testifying to an act of X's that calls forretaliation against X, or such as digging a well intowhich X falls.To summarize, whoever has a hand in X'sdeath, no matter how, cannot inherit from him.

The second preventive is being nonMuslim:a Muslim may not inherit from a nonMuslim,and a non-Muslim may not inherit from aMuslim (dis: Ll.O).

The third preventive is slavery.

The fourth is uncertainty as to who diedfirst, such as when X and Z both drown or both diein the collapse of a building, and it is not knownwho died before the other
In such a case neithermay inherit from the other.*

The six obligatory shares mentioned in theKoran (Koran 4:11-12) are one-half, one-fourth,one-eighth, two-thirds, one-third, and one-sixth.

They go to ten categories:(1) X's husband;(2) X's wife;(3) X's father;(4) X's mother;(5) X's daughters;(6) X's son's daughters, or the daughters ofX's son's son, son's.son's son, and on down;(7) X's sisters;(8) X's father's father;(9) X's mother's or father's mother;(10) X's half brothers or half sisters from thesame mother.

(N: A summary of X,S husband's share:-1/2 if there is no inheriting descendant.-1/4 if there is an inheriting descendant.-The husband's share is not eliminated by anyone.)X's husband:(1) receives one-half the estate when X hasno child who may inherit (0: even if the child isfrom a different husband) (N: the word child (AT.walad) including both males and females (A: of allages)), and X's son has no child who may inherit;(2) but receives one-fourth the estate whenX has a child who may inherit (0: whetherfrom Xby this husband or a different husband, andwhether male or female), or when X's son has achild who may inherit.

(N: A summary of X's wife's share:-1/4 if there is no inheriting descendant.-1/8 if there is an inheriting descendant.-The wife's share is not eliminated by anyone.)X'swife:(1) receives one-fourth the estate when Xhas no child to inherit (0: even if by a differentwife) and X's son has no child to inherit;(2) but receives one-eighth the estate whenX has a child to inherit, or X's son has a child toinherit (0: whether X's son is from her or fromanother wife).If there are two, three, or four wives, theyjointly receive the one-fourth or one-eighth (0:meaning that the share apportioned to one wife isgiven to two or more (A: to divide up betweenthem)).

(N: A summary of X's father's share:-1/6 ifthere is an inheriting descendent.-Universal heir (def: LIO.5) if there is no maleinheriting descendant.-The father's share is not eliminated by anyone.)X's father:(1) receives one-sixth of the estate when Xhas a son to inherit, or when X's son has a son toinherit (0: or when X has a daughter or X's sonhas a daughter, who may inherit (N: though insuch a case, the father takes (A: the sixth plus) theremainder of the estate as universal heir (n: as discussednext)));(2) but is universal heir (0: by himself,meaning he takes the whole estate if there are noothers who have an obligatory share coming; or ifthere are such others, he receives the remainder ofthe estate after they have received their shares)when X has no son to inherit and X's son has noson to inherit.

(N:AsummaryofX'smother'sshare:- 1/6 if there is an inheriting descendant, or ifthere are two or more of X's brothers or sisters.- 1/3 of the remainder after deducting the share ofX's husband or wife in cases where the heirsinclude both X's father and the husband or wife,but no inheriting descendant.- 1/3 of the estate when none of the abovementionedheirs exists.- The mother's share is not eliminated by anyone.)X'smother:(1) receives one-third of the estate when allthree of the following are the case:(a) X has no child (male orfemale) who mayinherit, nor does X's son;(b) X does not have two or more brothers orsisters, whether full brothers or sisters, or halfbrothers or sisters from either parent;(c) and the heirs do not include X's husbandand X's two parents, or X's wife and two parents(A: of which X's mother is one);(2) she receives one-sixth of the estate when(non-(a) above) X has a child who may inherit, orwhen (non-(b)) X has two or more brothers orsisters;(3) and she receives one-third of the remainderafter deducting the share of X's husband orwife when:-(non-(c) above) the heirs include X's husbandand two parents, in which case she receivesone-third of the remainder after X's husbandreceives his share of one-half, meaning shereceives a sixth of the estate, as that is a third ofthe remainder, and X's father receives the rest:shares: *6husband In 3mother 116 1father universal heir 2(*common denominator of 112 and 1/6)-or (non-(c) above) when the heirs includeX's wife and two parents, in which case shereceives one-third of the remainder after X's wifereceives her share of one-fourth, meaning that themother receives one-fourth of the estate, as that isa third of the remainder, and the father receivesthe rest:shares: 4wife 114 1mother 114 1father universal heir 2

(N: A summary ofX's daughter's share:-]/2 if there are no other ofX's sons or daughters(n: whetherfull or half brothers or sisters to her).-2/3 for her to share equally (ifthere are no sons)with other daughters, if any.--She is co-universal heir (def: L10.3) with X'sson( s) if existent, meaning that they jointly constitutethe universal heir, dividing this share so thateach male receives twice the amount of eachfemale (A: since men are obliged to supportwomen in Islam (dis: mIl) and not vice versa).-The daughter's share is not eliminated by anyone.)(1) X's sale daughter (0: who is without aco-universal heir such as her brother, and withoutsomeone else on her own level, such as her sister)receives half of the estate.(2) Two or more daughters jointly receivetwo-thirds.

(N: It is important to remember for thepersons named in the following rulings that theshare of any of them who is related to X throughan inheriting heir is eliminated by the existence ofthat heir (dis: L7.4-6), except for X's half brotherfrom the same mother, whose share is not eliminatedby the mother's existence.)

(N: A summary of the share of X's son'sdaughter:-Her share is eliminated if X's son exists (n: anexample of the above rule).-112 if X has no daughter, son's son, or any otherdaughter of a son.-2/3 for her to share equally with the otherdaughters of X' s son( s), if X has no daughter( s) orson's sones).-116 when there is a sole daughter (def: L6
7(1)).-She is co-universal heir (def: LlD.3) with X'sson's son(s) (A: in the absence of X's daughter,dividing this share so that each male receives twicethe share of each female).-Her share is eliminated when X has two or moredaughters
)When X'ssole daughter (def:L6.7(1)) exists,X's son's daughter(s) (A if there are more thanone, they share) receives one-sixth of the estate,which with the sole daughter's share of one-half,makes two-thirds eN: which is the maximum thatmay go to the category of daughters).

(N: A summary of the share of X's fullsister:-112 if there are no other full brothers or sisters.-2/3 for her to share equally with other full sisters.-She is co-universal heir (def: LlD.3) with fullbrother(s) if any, each male receiving twice theshare of each female.-She is universal heir through X's daughter(s)(def: UDA).-Her share is eliminated if X's father or X's sonexists
)(1) X's sole full sister (N: meaning no otherfull brothers or sisters exist) receives one-half ofthe estate.(2) Two or more such sisters (N: when thereare no full brothers) jointly receive two-thirds.(n: L6.12 discusses X's full sister(s) with X'sdaughters
)

(N: A summary of the share of X's half sisterfrom the same father:-1/2 in the absence of X's full brother, full sister,other half sister from the same father, and halfbrother from the same father.-2/3 for her to share equally with other half sisteTes) from the same father, when there are no fullbrothers or sisters, and no half brothers from thesame father.-1/6 when there is X's sole full sister.--She is universal heir through X's daughters orX's son's daughters (def: UOA), provided thereare no full brothers or sisters, or half brothersfrom the same father.--She is co-universal heir (def: UO.3) with X'shalf brother(s) from the same father, the malereceiving twice the share of each female.-Her share is eliminated if X's father or sonexists
)(1) X's sole half sister from the same fatherreceives one-half of the estate.(2) Two or more such paternal half sistersjointly receive two-thirds.(3) When such a half sister, or two or more,exists with X's sole full sister, then the half sister(s) (A: jointly, if more than one) receives onesixth,which, with the half that goes to the fullsister, makes two-thirds.

X's full sister(s) is universal heir throughX's daughter(s) (def: UOA)
If X has no full sisters,X's half sisters by the same father are theestate's universal heirs through X's daughter(s)(UOA).An example of the former is when the heirsare X's daughter and full sister
The daughterreceives one-half (dis: L6.7(1)), and the sisterreceives the rest (A: as universal heir):shares: 2daughter 1/2 1full sister universal heir 1Another example is when there are X's twodaughters, a full sister, and a paternal half sister,in which case the two daughters .jointly receivetwo-thirds (dis: L6.7(2)), and the full sisterreceives the rest (A: as universal heir), while thepaternal half sister's share is eliminated (A: by thefull sister's universal heirship):shares: 32 daughters 2/3 2full sister universal heir 1half sister eliminated D

(N: summary of X's grandfather's(father's father's) share:-His share is eliminated if X's father exists.-1/6 if X has an inheriting male descendant.-He is universal heir in the absence of both X'sfather and any inheriting male descendant.-If X's brother(s) or sister(s) exists, then:(1) when there is no other heir who has anobligatory share coming, then the grandfatherreceives whichever pf the following two alternativesyields the maximum:-1/3 of the estate;- or dividing the estate with X's brother(s) or sister(s) as if he were one of them, the male receivingtwice the share of the female
If only X's sister(s)exists, then she becomes co-universal heir (def:LID.3) with him;(2) but when there are one or more otherheirs who have an obligatory share coming besidesthe brother(s) or sister(s), then the grandfatherreceives whichever of the following three alternativesyields the maximum:-1/6 of the estate;-1/3 of the remainder after the (non-brotherlsister)heir( s) receives their share;-or dividing the estate with X's brother( s) or sister(s) as if he were one of them, the male receivingtwice the share of the female
If only X's sister(s)exists, then she becomes co-universal heir (LID.3)with him.)As for the grandfather, sometimes X'sbrothers or sisters exist with him and sometimesthey do not.When they do not, then the grandfatherreceives one-sixth of the estate if X's son or son'sson (0: or X's daughters or son's daughters) exist(N: but in such a case he takes the sixth plus therest as universal heir); while the grandfather is theuniversal heir (def: Ll0.5) in the absence of X'sson or son's son (N: or daughter or son'sdaughter).When X's (full or paternal half) brothers orsisters exist, then sometimes there are otherinheriting heirs (dis: L6.15) and sometimes not(L6.l4).

When (besides X's brother(s) or sister(s))the grandfather's cosurvivors do not include otherinheriting heirs, the grandfather divides the estatewith the brothers (A: and sisters) as if he were oneof them, and (if there are only sisters) is couniversalheir (def: LlG.3) with the sisters.But sueh a division is only effected when itdoes not result in less than one-third of the estategoing to the grandfather
If it would result in lessthan a third for him, then his obligatory share isone-third of the estate, and the brothers or sistersdivide the rest between them, the males receivingthe share of two females
This is illustrated by thefollowing examples (A: in each of which thegrandfather receives at least a third):(1) X's grandfather and one sister:shares: 3grandfather 2sister 1(2) grandfather and two sisters:shares: 4grandfather 2sister 1sister 1(3) grandfather and three sisters:shares: Sgrandfather 2sister 1sister 1sister 1(4) grandfather and four sisters:shares: 6grandfather 2sister 1-sister 1sister 1sister 1(5) grandfather and one brother:shares: 2grandfather 1brother 1(6) grandfather and two brothers:shares: 3irandfather 1brother 1brother 1(7) grandfather, brother, and sister:shares: 5grandfather 2brother 2sister 1(8) grandfather, brother, and two sisters:shares: 6grandfather 2brother 2sister 1sister 1In each of the above examples, the grandfatherdivides the estate with them, the male receivingthe share of two females.

When (besides X's brothers or sisters) thegrandfather'S cosurvivors include anotherinheritingheir, then the heir is given his share, and thegrandfather receives the maximal amount of threepossibilities:(a) division (A: meaning to divide it with thebrothers or sisters as in the above examples);(b) a third of the remainder (A: taking athird of what remains after the (non-brother/sister)heir has taken his share);(c) or one-sixth of the estate (A: as the estatestands before the above-mentioned heir hasreceived his share).This ruling may be illustrated by (n: the followingfour examples):(1) X's husband, grandfather, and brother,where division is better for the grandfather.show why division «a) above) is better, we maycompare the three possibilities «a), (b), and (c))for this example:(a) division:shares: 4husband 1/2 (dis: L6.3(l)) 2grandfather 1brother 1(b) third of remainder (after the husband'sshare ):shares: 6husband 1/2 3grandfather 1/3 remainder 1brother universal 2(c) sixth of estate:shares: 6husband 1/2 3grandfather 1/6 estate 1brother universal 2The comparison reveals that division, giving thegrandfather 1/4, is better than the other alternatives,which only give him 1/6, and so division isthe alternative that must be implemented.)(2) X's two daughters, two brothers, andgrandfather, where a sixth of the estate is betterfor him
(n: Comparison:( a) division:shares: 9daughter 2/3 (dis: L6.7(2)) 3daughter 2/3 (dis: L6.7(2)) 3grandfather 1brother 1brother 1(b) third of remainder (after the daughters'share):shares: 9daughter 2/3 3daughter 2/3 3grandfather 1/3 remainder 1brother universal 1brother universal 1(c) sixth of estate:shares: 12daughter 2/3 4daughter 2/3 4grandfather 1/6 estate 2brother universal 1brother universal 1The comparison reveals that a sixth of the estate isbetter than the other alternatives, which only givehim 1/9, and so the former is the alternative thatmust be implemented.)(3) X's wife, three brothers, and grand-father,where a third of the remainder is better forhim
(n: Comparison:(a) division:§hares: Hiwife 1/4 (dis: L6.4(1)) 4grandfather 3brother division 3brother division 3brother division 3(b) third ofremainder (after the wife's share):shares: 12wife 1/4 3grandfather 1/3 remainder 3brother universal 2brother universal 2brother universal 2( c) sixth of estate:shares: 36wife 1/4 9grandfather 1/6 estate 6brother universal 7brother universal 7brother universal 7The comparison reveals that a third of the remainder,which gives the grandfather 1/4, is better forhim than division with the brothers (which giveshim 3/16), or a sixth of the estate, so he mustreceive a third of the remainder.)(4) X's two daughters, mother, grandfather,and brothers, where a sixth of the estate is betterfor him
(n: Comparision:(a) division:shares: 6daughter [ 2/3 (dis: L6.7(2)) 2daughter [ 2/3 (dis: L6.7(2)) 2mother 1/6 (dis: L6.6(2)) 1grandfather division 1brothers division 1(b) third of remainder (after the shares of thedaughters and mother):shares: 18daughter 2/3 6daughter 2/3 6mother 1/6 3grandfather 1/3 remainder 1brothers universal 2(c) sixth of estate:shares: 6daughter 2/3 2daughter 2/3 2mother 1/6 1grandfather 1/6 1(In this case, there is no one who can eliminate theshares of the inheriting heirs above, who haveused up the estate so that there is nothing left forthe universal heir (the brothers) to inherit (dis:L10.5):)brothers eliminated 0The comparison shows that a sixth of the estate isbetter for the grandfather than a third of theremainder, which would give him 1116, or divisionwith the brothers, which would give him 1112 orless, and so he must receive a sixth of the estate.)

If both X's brothers and half brothersfrom the same father exist with the grandfather,the brothers add the number ofthe half brothers'shares with their own shares in calculating theirown versus the grandfather's, but then thebrothers receive both their own shares and thehalf brothers' shares
(A: The latter are eliminated(dis: L7.3) by the brothers, but are initiallyreckoned in as a dispensation for the brothers.)This may by illustrated by the followingexample, in which there is X's grandfather,brother, and half brother from the same father.(initial division)grandfather 1brother 1half brother 1shares: 3divisionbut then, because the brother eliminates the halfbrother's share,shares: 3grandfather 1brother 2half brother eliminated oand this is the actual division,In a second, similar case, if there is a sister,half brother from the same father, and grandfather,then (A: the half brother's share isreckoned with the sister's share versus that of thegrandfather, and) her portion of the estate isbrought up to one-half (A: which is the maximumshe may receive, as at L6,l0(1)) from the (n: additive)amount, and the rest goes to the half brother(A: since the grandfather already has his share,and she may receive no more than her obligatoryshare of one-half), (n: To illustrate, first we makea plain diviSion, the males receiving the share oftwo females:shares: 5grandfather 2sister 1half brother 2Then, as in the previous case, we give the halfbrother's share to the sister, since there is none toeliminate her full share of one-half (dis:L6,10(1)).shares: 5grandfather 2sister 3half brother 0But since this gives the sister more than her maximalshare of one-half, the surplus is returned tothe half brother, and this is the final division.Here, for convenient redivision, we multiply thecase's shares by two:(2 X 5) shares: 10grandfather 4sister 5half brother 1which is the actual division.)

When there is a sister (0: full sister or halfsister from the same father) and grandfather, thesister does not nonnally receive a particularobligatory share (0: since she is co-universal heir(def: L10.3) with the grandfather), except in thefollowing case (Ar .
al-akdariyya, lit
""the murkiest"")in which there is X's husband, mother,grandfather, and sister.shares: 6husband 1/2 (dis: L6.3(1)) 3mother 113 {dis: L6.6(1}) 2grandfather 116 (dis: L6.15(c)) 1But at this point, the estate has been used up,despite the fact that the sister deserves her shareof one-half, and no one can eliminate it:sister 1/2 (dis: L6.10(l)) 3so we redivide the estate by adding the threeshares that the sister deserves to the initial division'ssix shares, which become nine (A: this procedurebeing an adjustment (,awl, def: L8.l) fornot being able to give everyone full shares, onewhich proportionately distributes the deficit to allrecipients) .(6 + 3 =) shares: 9husband 3mother 2grandfather 1sister 3But this results in the grandfather receiving lessthan if he were to divide the remaining estate withthe sister (n: which is impermissible because ofruling L6.15), and so the grandfather and sisteradd their shares to together (equalling four) anddivide them, the male receiving the portion of twofemales
(n: Here, for convenient redivision, wemultiply the case's shares by three:(3 x 9 =) shares: 27husband 9mother 6grandfather 8sister 4and this is the actual division.)

(N: A summary of the share of X's grandmother(whether she is X's father's mother ormother's mother, or, if both exist, they share theportion):-1/6 if X's mother does not exist.-Her share is eliminated if X's mother exists.-Her share is eliminated by the existence of X'sfather if X is descended from her through thefather.)(1) X's grandmother (or great -grandmother)gets one-sixth of the estate when:-she is A, E, and so on, up that line (n: on thechart above);-she is C, G, and so on, up that line;--or when she is H, and so on, up that line.(2) If there are two grandmothers/greatgrandmotherson the same level (A: level II, forexample), they jointly get one-sixth to share betweenthein, such as when both C and A exist, orwhen both G and H exist.(3) If one of two surviving grandmotherslgreat-grandmothers is closer (A: on a closer level)to X, then:(a) if the closer of the two is on X's mother'sside (n: the left of the chart) then she eliminatesthe share of the farther of the two
For example,the existence of A eliminates G's share;(b) but if the closer of the two is on thefather's side (n: the right of the chart), she doesnot eliminate the share of the one on the mother'sside who is farther from X
Rather, both jointlyreceive the sixth to divide between them
Forexample, C does not eliminate E.

As for great-grandmother F, she does notinherit, as she is an extended family member whomay not inherit (A: being related to X through B,who may not inherit (dis: L4.5(7.10))).

(N: A summary of the share of X's halfbrother or sister from the same mother:-116 if there is just one of them, when none of X'sinheriting male ancestors (A: father on up) exists!nor any inheriting descendants.-113 if there are two or more of them, to sharebetween them, but which is divided so that malesand females receive equal shares.-Their share is eliminated by the existence of anyof X's inheriting male ancestors or inheritingdescendants
)(1) X's half brother or sister from the samemother receives one-sixth if alone.(2) When there are two or more of them,they jointly receive one-third
This amount isdivided with equal shares going to male andfemale alike.

To summarize all of the foregoing:(1) One-half of the estate is the obligatoryshare of five types of heir:-X's husband, under certain circumstances (dis:L6.3(1));-X's (sole) daughter (L6.7(1));-X's son's daughter (L6.9(N:));-X's (sole) full sister (L6.10(1));-and X's (sole) half sister from the same father(L6.11 (1)).(2) One-fourth of the estate is the obligatoryshare of two types of heir:-X's husband, under certain circumstances(L6.3(2));-and X's wife (L6.4(1)).(3) One-eighth of the estate is the obligatoryshare of X's wife, under certain circumstances(L6.4(2)).(4) Two-thirds of the estate is the obligatoryshare of four types of heir:-two or more of X's daughters (L6.7(2));-two or more of X's son's daughters (L6.9(N:));-two or more of X's full sisters (L6.10(2));-and two or more or X's half sisters from thesame father (L6.11(2)).(5) One-third of the estate is the obligatoryshare of:-X's mother, under certain circumstances(L6.6(1));-two or more of X's haIf brothers or sisters fromthe same mother (L6.20(2));-and it may be the share of the grandfather whenX's brothers exist (L6.14, second paL).(6) One-sixth of the estate is the
obligatoryshare of seven types of heir:-X's father (L6.5(1));-X's grandfather (L6.13(N:) and L6.15(c));-X's mother (L6.6(N:));-X's grandmother (L6.18(1));--one or more daughters of X's son when X'sdaughter also exists (L6.9);--one or more of X's half sisters from the samefather when X's sole full sister also exists(L6.1l(3));-and X's sole half brother from the same mother

(L6.20(1)).(N: A summary of the other heirs' shares:(1) X's son is universal heir.(2) X's son's son:-is eliminated by X's son;-and is universal heir in the absence of X's son.(3) X's full brother:-is eliminated by the existence of an inheritingmale descendant;-is eliminated by X's father;-and is universal heir in the absence of both aninheriting male descendant and father.(4) X's half brother by the same father:-is eliminated by any inheriting male descendant;--is eliminated by X's father;-is eliminated by X's full brother;-and is universal heir in the absence of all these.(5) The son of X's full brother is the same asX's full brother «3) above), but eliminated byhim.(6) The son of X's half brother by the samefather is the same as (5) above, but eliminated byhim.(7) The brother of X's father:-is eliminated by any ofthe following: X's father,grandfather, brothers, and their sons;-and is universal heir in the absence of all ofthese.(8) The son of the brother of X's father is thesame as (7) above, but eliminated by him.)*

The share of X's half brother from thesame mother is eliminated by the existence of fourtypes of heir:-X's inheriting-descendant (male or female);-the descendant (male or female) of X's son;-X's father;-or X's grandfather.

The share of X's full brother is eliminatedby three:-X'sson;-X's son's son;-or X's father.

The share of X's half brother from thesame father is eliminated by four:-X'sson;-X's son's son;-X's father;-or X's full brother.

The share of the son of X's son is eliminatedby X's son, and likewise the son of the son ofX's son, and on down: each is eliminated by theexistence of a son closer to X (A: meaning fewergenerations from X, even if the one who is closeris from a different one of X's sons).

X's grandmother or great-grandmotherdoes not inherit if X's mother exists.

Neither X's grandfather (A: i.e
father'sfather) nor grandmother or great -grandmother onthe father's side may inherit when X's fatherexists.

When X's daughters receive a full twothirdsof the estate (dis: L6.7(2)), then thedaughters of X's son do not inherit, unless they aremade co-universal heirs (def: L10.3) by the existenceof a male who is at the same distance (A:number of generations) from X as they are, or byone who is farther from X than they
When theyare co-universal heirs, the male receives the shareof two females.For example, if there are two daughters and adaughter of X's son, the two daughters take twothirdsand the son's daughter receives
nothing.But if there also exists with her X's son's son, orson's son's son, then she (A: as co-universal heir(def: L10.3) with him) gets the rest of the estatewith him, the male receiving the share of twofemales (N: and such a male is nicknamed herblessed brother (akh mubarak)).

Similarly, when X's full sisters receivetwo-thirds of the estate (dis: L6.1O(2)), then X'shalf sisters from the same father do not inherit,unless they have a brother to make them couniversalheirs, the male receiving the share oftwo females.

Someone who does not inherit to beginwith (N: due to the existence of a preventive (def:i5))cannot eliminate the share of anyone (A:such a person being as if nonexistent in figuringthe estate division).

Someone who may inherit, but whoseshare has been eliminated by another, can noteliminate the share of anyone, although such aperson's existence may diminish the share ofsomeone, as when there exist X's half brothersfrom the same mother, and X's father and mother.]n such a case, the half brothers do not inherit (dis:L6.20(N:)),but their existence diminishes themother's share from a third to a sixth (dis:L6.6(2)).*

(A: Adjustment ('awl) is used in cases where the estate is not enough-togive everyone their full shares, and proportionately distributes the deficit to allthe heirs in an equitable way.)

Whenever the shares deserved by heirsexceed the number of available shares, thenumber of shares is additively increased to thenumber needed.An example is the case (al-mubahala) inwhich there are X's husband, mother, and fullsister:shares: 6husband 1/2 (dis: L6.3(1)) 3sister 1/2 (dis: L6.10(1)) 3but at this point, the estate has been used updespite the fact that the mother deserves her shareof one-third, and no one can eliminate it:mother 1/3 (dis: L6.6(1)) 2so we redivide the estate by adding the mother'sportion (n: two shares) as an adjustment:(6 + 2 =) shares: 8husband 3sister 3mother 2and this is the actual division
(n: L6.17 furnishesanother example of adjustment.)*

(n: This section has been moved here from itsoriginal place after L10.7 below.)

If X has no (A: universal heir) relatives(def: L10.5), then (A: the remainder of) his estategoes to the Muslim common fund (bayt aI-mal) asan inheritance to the Muslims, provided theIslamic ruler is just.If the Islamic ruler is not just (A: or not existent),then it (A: the excess) is redistributedamong the inheriting heirs in proportion to theirrelative shares, except for X's husband or wife,who may not receive any of the redistributedamount.

(N: Three illustrations of redistribution 'follow:(1) X's sister and grandmother:shares: 6sister 1/2 (dis: L6.10(1)) 3grandmother 1/6 (dis: L6.18(1)) 1But at this point, the obligatory shares are less than the estate, so we redistributethe excess estate in proportion to the heirs' respective shares by reducing theshares of the case to four, which is the number of the existing heirs' shares:(3 + 1 =) shares: 4sister 3grandmother 1and this is the solution, and is how we redistribute in cases that require it, whenthere is neither a husband nor wife among the heirs
As for when there is a husbandor wife, the examples below furnish illustrations of the division.(2) X's wife, half brotherfrom the same mother, and grandmother:shares: 12wife 1/4 (dis: L6.4(1))) 3half brother 116 (dis: L6.20(1)) 2grandmother 1/6 (dis: L6.18{1)) 2But here, the obligatory shares are still less than the estate, in which there are fiveremaining shares:excess 5So, excluding the wife as mentioned above (L9.1 (end)), we divide the excess betweenthe half brother and grandmother in proportion to their respective shares,namely two-to-two, which means a half-and-half division of the excess five shares,For convenient division of these five shares, we first multiply the case's totalshares by two:(12 x 2=) shares: 24wife 6half brother 4grandmother 4excess ------ 10and then we divide the ten excess shares between the half brother and grandmother,while the wife gets only her original share (dis: L9.1 (end)):and this is the solution.(3) X's wife, mother, and half brother from the same mother:shares: 12wife 1/4 (dis: L6.4(1)) 3mother 1/3 (dis: L6.6(1)) 4half brother 1/6 (dis: L6.20(1)) 2But the obligatory shares are still less than the estate, in which there are threeremaining shares:So, excluding the wife, as before, we divide the excess between the mother andhalf brother in proportion to their respective shares, namely four-to-two, whichmeans a two-to-one division of the three excess shares:shares:and this is the solution.)*

(A: A universal heir ('asaba) is someone who takes the remaining estate,if any, after heirs deserving obligatory shares have taken them
When there are nosuch heirs, the universal heir takes all
There are three types of universal heir:(1) universal heir by oneself ('asaba bi nafsihi);(2) co-universal heir Casaba bi ghayrihi);(3) and universal heir through the existence of another Casaba ma'aghayrihi).)(n: The following three definitional entries have been added to this section by thetranslator
)

UNIVERSAL HEIR BY ONESELF(Hasanayn Muhammad Makhluf:) Theuniversal heir by oneselfis X's male relative who isnot related to X through a female, whether this bebecause:(1) there is no one between him and X, as isthe case with X's father or son;(2) or whether because there is someone betweenhim and X, but not a female, such as X'sgrandfather (the father of Xs father), Xs son'sson, X's full brother, or X's half brother from thesame father.

CO-UNIVERSAL HEIRThe co-universal heir is any female deservingan obligatory share who requires someone elsein order to become a universal heir, and withwhom she participates in this universal share.It is a class confined to four types of women,those whose share if alone is one-half, and if thereare more than one is two-thirds
They are:(1) X's daughter;(2) X's son's daughter;(3) X's full sister;(4) and X's half sisterfrom the same father.Whenever a male exists with one of these four whois universal heir by himself (def: LIO.2), of thesame generation as her and of the same strength(N: i.e
both are full or halfsiblings), she becomesco-universal heir with him and inherits by the universalshare, not her obligatory share
They dividethe universal share so the male receives the portionof two females.UNIVERSAL HEIR THROUGH TfJE EXISTENCE

OF ANOTHERThe universal heir through the existence ofanother is any female deserving an obligatoryshare who requires someone else to become a universalheir, but with whom she does not share thisuniversal share.These are only two people from among thosewho deserve obligatory shares:(1) X's full sister;(2) and X's half sister from the same father;provided that X's brother, who would form a couniversalheir (def: LIO.3) with them (A: in whichcase they would not be a universal heir throughanother) does not exist, and provided that eitherof the above two females exists with X's daughter(s) or son's daughter(s) , and on down (A: thesebeing the someone else needed to make them auniversal heir through another) (al-Mawarithfialshari'aal-Islamiyya (y80), 99,102,103).

The universal heir is a person who takesthe whole estate if there is no other heir, or takesany of it that is in excess of the obligatory portionswhich are given to heirs, when they also exist
Ifthere is nothing in excess of the heirs' obligatoryshares, then the universal heir does not receiveanything.

Their order (A: these being the universalheirs by themselves (def: LIO.2)) in closeness to X(A: such that the eXIstence of someone at the firstof the list eliminates the universal heirship of anyonefollowing him) is:(1) X's son;(2) X's son's son;(3) X'sson's son's son, and on down, no matterhow many generations;(4) X's father;(5) X's father's father;(6) X's father's father's father, and on up, nomatter how many generations;(7) X's full brother;(8) X's half brother from the same father;(9) the son of X's full brother;(10) the son of X's half brother from thesame father;(11) the brother of X's father;(12) the son of the brother of X's father, thisson's son, and on down;(13) the brother of X's father's father;(14) and then (13)'s son, this son's son, andon down.

When there is no universal heir, and noheir inheriting an obligatory portion that theexcess estate could be redistributed to (dis: L9.1),then the estate is divided between the extendedfamily members (def: lA,S) such that each of themtakes the place of the person through whom theyare related to X
For example:(1) X's daughter's child takes the share ofX's qaughter;(2) X's sister's child takes the share of X'ssister;(3) X's brothers' daughters take the share ofthe brothers;(4) the daughters of X's father's brother takethe latter's share;(5) X's mother's father takes her share;(6) X's mother's brother or sister takes hershare;(7) and X's father's half brother or sisterfrom the same mother takes the father's share.

No universal heir may inherit (A: a universalshare) when there is a universal heir who iscloser to X than he is.

No one constitutes a co-universal heir(def: L10.3) with his sister except:(I) X's son (N: with X's daughter);(2) X's son's son (N: with X's son's daughter);(3) and X's brother (A: with X's sister).Each of them constitutes a co-universal heir withhis sister, the male receiving the pOJ;tion of twofemales.

(N: In addition to being co-universal heirwith X's son's daughter «2) above),) X's son's son(N: or son's son's son, and on down) is (n: also) couniversalheir with the daughters of his father'sbrother who are of the same generation as he, andthose of his father's sisters and the daughters of hisfather's father's brother(s) who are above him (N:of a closer generation to X), provided they (A:those closer to X than he) have no obligatoryshares coming
(N: Because if they do, then theytake their share and are not co-universal heirs withhim
This may be illustrated by the followingexample:(1) X's husband, daughter, son's daughter, son's son's daughter, and son'sson's son:shares: 12husband 1/4 (dis: L6.3(2)) 3daughter 1/2 (dis: L6.7(1)) 6son's daughter 1/6 (dis: L6.9) 2son's son's daughter 1son's son's son universal 1But if there were two of X's daughters in the above case, we would have todivide the estate as follows:shares: 12husband 32 daughters 2/3 (dis: L6.7(2))) 8Here, the son's daughter does not have an obligatory share coming, since the twodaughters have taken the full two-thirds, and so the son's daughter (dis: textabove) is co-universal heir with the son's son's daughter and son's son's son:son's daughter 1son's son's daughter universal 1son's son's son 1

A person who is a universal heir does notparticipate in the .share of someone who has anobligatory share coming, except in the followingcase (al-musharraka):Given X's husband, mother (or grand-mother,for the result is the same), two halfbrothers from the same mother, and a fullbrother:shares: 6husband 1/2 (dis: L6.3(1)) 3mother 1/6 (dis: L6.6(2)) 12 half brothers 1/3 (dis: L6:20(2)) 2in which case the estate has been used up andnothing remains for the brother:full brother universal o(N: But the full brother is closer to X than the halfbrothers, and should not be eliminated by theirshare, so an exception is made and the halfbrothers and full brother are made co-universalheirs:)shares: 6husband 3mother 12 half brothers universal 2full brothers universal 2(N: It is important to remember in such eases thatthe universal share is divided so the males andfemales receive equal shares (dis: L6.20(2)).)

When a pe(son both deserves an obligatoryshare and is a universal heir, then he inheritsboth of these.An example is when the son of X's father'sbrother (A: who is universal heir (dis: L6.22(8)))is also X's husband (A: deserving· a husband'sshare (dis: L6.3)); or when the son of X's father'sbrother is also X's half brother from the samemother.*

(0: The legal basis for marriage, prior toscholarly consensus (ijma'), is such KoranicWho Should Marry mI.Iverses as.""Marry such women as seem good to you""(Koran 4:3),and hadiths such as,""Marry one another, that you may increase,""which was related by Shafi'i.)

A man who needs to marry (0: because ofdesire for sexual intercourse) and has enoughmoney (0: for the brides's marriage payment(mahr, def: m8), for clothiI!g for the season of theyear in which he marries, and the expenditures ofone day) is recommended to do so (0: to protecthis religion, no matter whether he is occupied withreligious devotions or not)
One who needs tomarry but does not have enough to pay for theseexpenses is recommended not to marry, but ratherto suppress his sexual desire by fasting (0: and ifit is not suppressed by fasting, then he shouldmarry, borrowing the money to pay the bride'smarriage payment if she will not accept his owingit to her).

It is offensive for someone who does notneed marriage (0: being undesirous of it becauseof a physical defect or other reason) to marrywhen he does not have enough money to cover theexpenses
Marriage is not offensive for a man whohas enough money, even when there is somethingthat might prevent him from doing so such as oldage or a chronic illness, though it is superior forhim to devote himself to worship instead
If hedoes not devote himself to worship (0: beingoccupied with enjoyments and not thinking ofworship at all) then marriage is better (0: sincesomeone whose lack of sexual desire is not due toa physical defect may later have such desire, asopposed to someone whose lack of desire isbecause of such a defect, to whom this will nothappen).

As for a woman, if she needs to marry, it isrecommended for her to do so, though if she doesnot, (0; not feeling any sexual desire within herself,and she is engaged in worship,) then it isoffensive for her to do so
(N: Though such awoman needs a husband or unmarriageable relativeto travel and so forth (dis: m10.3).)DESIRABLE CHARACfERISTICS IN A BRIDEmlA It is recommended for a man to marry avirgin (0: unless there is a reason not to, such assexual incapacity or needing someone to take careof his children) (A: though it is permissible tomarry a nonvirgin even if she has not previouslymarried (dis: p12.1(3(n:)))) who is fertile (0:which in a virgin is inferable from her relatives),attractive, intelligent, religious, of a good family,and not a close relative
(0: In Sharh al-Minhaj,Ibn Hajar notes that when one must choose betweenthe above characteristics, the order ofpreference should be:(1) religiousness, which takes precedenceover anything else;(2) intelligence;(3) a good character and disposition;(4) fertility;(5) a good family;(6) virginity;(7) beauty;(8) and then that which fulfills some otherrelevant interest.)*

(0: It is recommended for a guardian tooffer his marriageable female charges in marriageto righteous men
It is sunna:(1) to intend by one's marriage to fulfill thesunna and protect one's religion, since one is onlyrewarded for it if one intends some form of obedienceto Allah, such as remaining chaste or havinga pious son;(2) for the marriage contract to be made in amosque;(3) and for it to take place on Friday, at thefirst of the day, and in the month of Shawwal.)

LOOKING AT ONE'S PROSPECTIVE BRIDEThe sunna when one wants to marry awoman is to look at her face and hands (0: as theface indicates her beauty, and the hands herrobustness of body
Tirmidhi reports from alMughirathat when he got engaged to a woman,the Prophet (Allah bless him and give him peace)said,""Look at her, for it is likelier to last betweenyou,""meaning that love is likelier to last, and tenderness)before getting engaged to her, even if thewoman does not give her permission to do so (0:since the Lawgiver's permission is sufficient).Such a person is entitled to repeat looking at her(A: as many times as he Wishes) (0: when heneeds to make sure of how she looks, so he doesnot come to have regrets after getti,ng married.And she is entitled to do the same) but he may notlook at other than her face and hands
(0: Ifunable to go see her, he should send a reliablewoman to go see her for him, as such a womanwould be likely to notice more than he, and shemay describe her to him, this being an exceptionto the unlawfulness of describing a woman to aman who is not one of her unmarriageable kin.)

LOOKING AT MEMBERS OF THE OPPOSITE SEXIt is unlawfulfor a man to look at a womanwho is not his wife or one of his un marriageablekin (def: m6.1) (0: there being no difference inthis between the face and hands or some otherpart of a woman (N: if it is uncovered), thoughpart excludes her voice, which is not unlawful tolisten to as long as temptation is unlikely
AllahMost High says,""Tell believers to lower their gaze"" (Koran 24:30).A majority of scholars (n: with the exceptionof some Hanafis
as at m2.8 below) have beenrecorded as holding that it is unlawful for womento leave the house with faces unveiled, whether ornot there is likelihood of temptation
When thereis likelihood of temptation, scholars unanimouslyconcur that it is unlawful, temptation meaninganything that leads to sexual intercourse or itsusual preliminaries
As for when there is real need(dis: m2.11), looking is not unlawful, providedtemptation is unlikely).(A: Being alone with a woman who is notone's wife or unmarriageable kin is absolutelyunlawful, though if there are two women and aman, the man and the woman are no longerconsidered alone.)

A man may look at his wife (N: or viceversa) including her nakedness (def: f5.3), thoughit is offensive for either husband or wife to look atthe other's genitals.

A man may look at his unmarriageablefemale relatives (def: m6.1), and a woman look ather unmarriageable male relatives (m6.2), viewingany part of the body (N: that shows e.g
whilethey are working) except what is between thenavel and knees.

As for a woman looking at to: a man)other than her husband or unmarriageable malerelatives, it is unlawful, just as a man's looking ather is.

It is unlawful for a woman to show anypart of her body to an adolescent boy or anon-Muslim woman (n: unless the latter is herkinswoman (def: m6.1(1-12)), in which case itis permissible (Mughni al-muhtaj ila ma'rifama'ani alfa;: al-Minhaj (y73), 3.132))).

(n: The following rulings from theHanafischool have been added here as a dispensation(dis: c6.3).)(Ahmad Quduri:)(1) It is not permissible for a man to look ata woman who is not his wife or unmarriageab1erelative except for her face and hands «Maydani:)because of the necessity of her need to deal withmen in giving and taking and the like)
If a man isnot safe from lust, he may not look at her faceexcept when it is demanded by necessity.(2) A man may look at the whole body ofanother man except for what is between the naveland (A: including) the knees (A: as the knees areconsidered nakedness by Hanafis
though not byShafi'is).(3) A woman may look at the parts of a manthat another man is permitted to look at.(4) A woman may look at the parts ofanother woman that a man is permitted to look atof another man.(al-Lubab fi sharh al-Kitab (y88) , 4.162-63)

Whenever looking is unlawful, so is touching(0: whenever meaning the part; i.e
whateveris unlawful to look at is also unlawful to touch).(N: And any permissible looking that leads totemptation is unlawful.) (A: Ordinary peoplesometimes mistakenly assume that theHanafi positionthat touching a woman does not nullify one'sablution (wudu) means they permit men shakinghands with women who are not wives or unmarriageablerelatives, something which is unlawful,and which neither the Hanafi school nor any otherholds to be permissible.)

DOCTORS TREATING PATIENTS OFHIE OPPOSITE SEXBoth (0: looking and touching) are permissiblefor medicinal bloodletting, cupping, andmedical treatment (N: when there is real need
AMuslim woman needing medical attention mustbe treated by a Muslim woman doctor, or if thereis none, then by a non-Muslim woman doctor
Ifthere is none, then a male Muslim doctor maytreat her, while if none of the above are available,then a male non-Muslim doctor
If the doctor is ofthe opposite sex, her husband or an unmarriageablemale relative (def: m6.2) must be present
Itis obligatory to observe this order in selecting adoctor)
(A: The same rules apply to Muslim menwith regard to having a doctor of the same sex andreligion: the same sex takes precedence over thesame religion.)(0: Necessary treatment of her face or handspermits looking at either
As for other parts of thebody, the criterion for permissibility is the severityof the need for treatment, meaning that theremust be an ailment as severe as those permittingdry ablution (def: e12.9), and if the part concernedis the genitals, the need must be even moreacute (N: though it includes gynecological examinationsfor women with fertility problems, whichare permissible).

PERMISSIBLE LOOKING AT A MARRIAGEABLEMEMBER OF THE OPPOSITE SEXLooking at a woman is permissible for testimonyin court, for commercial dealings (0: witha marriageable man, or noncommercial dealings,as when he wishes to marry her), and so forth (0:such as obligatory or recommended learning (def:a4, a6)), in which cases looking is permissible tothe degree required
(0: It is not permissible toexceed the degree required, as when looking atpart of the face is sufficient, in which case lookingat the rest of it is not permissible, as it exceeds theamount required.)

RULES FOR PROPOSING MARRIAGE ORACCEPTING A PROPOSALIt is unlawful to propose marriage, openlyor allusively, to another's wife when she is in thewaiting period of an unfinalized (A: i.e
less thanthreefold (dis: n9.0(N: )) divorce (0: because sheis still considered as a wife is).

As for a woman who is in any of the followingtypes of waiting period (def: n9), it isunlawful for a suitor to propose openly to her,though not for him to hint at it:(1) the waiting period of a finalized(threefold) divorce;(2) the waiting period after having had herhusband release her for payment (def: n5);(3) or the waiting period to remarry after herhusband's death (def: n9.11).(0: Proposing allusively is only permissible insuch cases because of the husband's lack ofauthority over her
To propose openly means todecisively indicate one's desire to wed, such as bysaying, ""I want to marry you,"" while to proposeallusively means to employ words that could indicatea desire to marry or something else, such as""1 am desirous of you,"" or ""You are beautiful,""for these do not necessarily imply a desire for marriage.)

(0: The rulings regarding the lawfulnessor unlawfulness of a woman's accepting a marriageproposal are the same as those for proposing toher (def: m2.12-13).)

It is unlawful to propose marriage to awoman to whom another has already done so, ifthe first proposal has been openly accepted,unless the first suitor gives his permission
(0:And like his permission in the legality of anotherproposing to her is when the first suitor has shownhimself disinclined, such as by having given up, orwhen enough time has elapsed to give others theimpression that he no longer wants to marry, orwhen the woman's guardian (def: m3.4) becomesaverse to him.) But if the first suitor's proposalwas not openly accepted, then a second suitor maypropose to her
(0: It is also permissible for one totake the initiative and propose to a woman whenone does not know whether or not she is engaged,or whether the first proposal was plainly acceptedor not.)

Whoever is asked about what kind ofperson a prospective groom is should truthfullymention his failings (0: meaning his defects andmistakes
This is obligatory (N: but only to thedegree necessary (A: to protect the person who isasking)), as Nawawi has stated in al-Adhkar (dis:r2.20(2))).

It is .recommended to give a short addresswhen (0: i.e
before) making a marriage proposal(0: address meaning words begun by praisingAllah and concluded with a supplication andmoral exhortation
If one wants to be brief, onemay simply say, ""Praise be to Allah, and blessingsand peace upon the Messenger of Allah (Allahbless him and give him peace)
I enjoin you to fearAllah
I have come to you to engage your noblest[A: mentioning her name]."" Then her guardiangives a similar address).It is also recommended to give another briefaddress when (0: i.e
just before) the marriagecontract is made, saying (0: i.e
it is recommendedfor the guardian to say, before the contractis formally effected), ""I marry her to youaccording to the command of Allah Most High, tokindly retain or graciously release.""*

Marriage has integrals (A: which are fivein number:(a) the spoken form;(b) the witnesses;(c) the bride's guardian;(d) the groom;(e) and the bride).

THE SPOKEN FORMThe first integral is the explicitly statedspoken form (0: comprising a spoken offer by theguardian and its acceptance by the groom, likeother, nonmarital transactions, Its necessary conditionsare the same as those of valid sale (def:k1.1(a,b,c,d,e))),the form being valid in languagesother than Arabic even when one is able tospeak Arabic,The spoken form is not valid if allusive
Nor isit valid without:(a) a statement (N: from the guardian) thateffects it, namely ""I marry you"" (n: i,e
to her, theArabic zawwaja meaning to marry someone toanother);(b) and an immediate spoken acceptance(A: by the groom), namely ""I marry her,"" or HIaccept her marriage.""(N: The spoken form, when the other integralsexist, is what is meant by the term marriagecontract, not an actual written document, thoughit is sunna to write it
Extraneous conditionsadded to the marriage contract, such as that thehusband observe monogamy or the like, are notbinding, being meaningless, though they do notinvalidate the marriage agreement, which remainseffective
)

THE WITNESSESThe second integral is that the marriagehave witnesses, it not being valid unless two witnessesare present who are:(a) male (0: since a marriage witnessed by aman and two women would not be valid (A:though it would be valid in the Hanafi school));(b) sound of hearing;(c) sound 9f eyesight;(d) familiar with the language of the two contractingparties;(e) Muslims;(f) and upright (def: O24.4) witnesses, even iftheir uprightness is merely apparent (0: sincemarriages take place among average, commonpeople, and if they were made responsible toknow the inward uprightness of witnesses, itwould cause delays and difficulties
Apparentuprightness means the person is outwardly knownto be upright, even if he is inwardly unknown).

THE BRIDE'S GUARDIANThe third integral is the (A: bride's)guardian (0: since a woman may not conducther own marriage
Ibn Majah relates that theProphet (Allah bless him and give him peace)said,""Let no woman marry a woman to another ormarry herself to another
""Daraqutni related this hadith with a chain of transmissionmeeting the standards of Bukhari andMuslim)
The marriage agreement is not validwithout a guardian who is:(a) male;(b) legally responsible (mukallaf, def: c8.l);(c) Muslim;(d) upright (def: O24.4);(e) and of sound judgement.The following may not be a bride's guardian:(1) (non-(a) above) a woman;(2) (non-(b)) a child or insane person;(3) (non-(c)) a non-Muslim;(4) (non-(d)) a corrupt person (def: O24.3)(0: though the opinion of most later scholars isthat a corrupt person may be a guardian);(5) or (non-(e)) someone whose judgementis unsound because of old age or weakmindedness(0: whether innate or acquired
Old age includessomeone with severe pain or illnesses which distracthim from realizing what is most advantageousfor his charge and her interests, since such aperson would be incapable oflearninghow suitorsreally are and whether they are an appropriatematch (def: m4) for the bride)
It is of no consequenceif the guardian is blind.A non-Muslim responsible for a non-Muslimbride may be her guardian (0: provided he doesnot violate the rules of his own religion), though aMuslim may not .

(n: If the bride has no Muslim guardian and there is no Islamic magistrateto act as one, she may authorize a male Muslim who has the qualifications of anIslamic judge (def: O22.1)--or ifthere is none, then a male Muslim who is legallyupright (def: O24.4)-to act as her guardian in marrying her to the groom (Mughnial-rnuhtaj ita rna'rifa rna'ani alfaz al-Minhaj (y73), 3.147).)

THE ORDER OF LAWFUL GUARDIANSHIPAMONG THE BRIDE'S RELATIVESThe male relatives of a free woman are theOnes who may marry her to another, and the order(0: as to who has the right to be her guardian)is her:(1) father;(2) father's father (0: and on up);(3) brother;(4) brother's son;(5) father's brother;(6) her father's brother's son (0: and so on,in the same order as the universal heirs in estatedivision (def: L10.6(12-14));(7) and then the Islamic magistrate (A: i.e.the judge (qadi)).None of the above may marry her to someonewhen a family member higher on the list exists
Ifthere are two of equal standing (A: two brothers,for example) and one is related to her through twoparents while the other is related to her throughthe father alone, then the one related to herthrough both parents is the guardian
If both areequal in this respect, precedence is given to theoldest, most learned in Sacred Law, and most godfearing.But if the other (A: less deserving of twowould-be guardians who are of equal affiliation toher) marries her to the groom, the marriage isvalid
If both insist on being the one, they drawlots to see who will do it, though if the loser marriesher to the groom, the marriage is also legallyvalid,

If a guardian does not have the right to bea guardian because of the existence of one of theabove-mentioned preventives (dis: m3.4(1-5)),the guardianship devolves to the next familymember in the m3.7 order oflawful guardians.

THE BRIDE'S RIGHT TO MARRY A SUITABLEMATCH OF HER CHOICEWhenever a free woman asks to marry asuitor who is a suitable match (def: m4) (0: bytelling her guardian, ""Marry me to him""), theguardian must marry her to him (0: whether she isa virgin or nonvirgin, and whether prepubescentor not)
The Islamic magistrate (A: i.e
judge)marries her to such a groom if the guardian:(1) in the presence of the magistrate refusesto marry her to the groom;(2) is on a journey farther than 81 km.lSO mi.from home;(3) or is in a state of pilgrim sanctity (ihram)(0: for hajj, 'umra, or both) (dis: j3.20).In such eases, the guardianship does not devolveto the next most eligible in the m3.7 order of lawfulguardians
If (non-(2) above) the guardian ison a journey of less than 81 km./SO mi
from home,the bride may not be married to someone withoutthe guardian's leave.

COMMISSIONING ANOTHER TO EFFECT THEMARRIAGE AGREEMENTThe guardian may commISSion another(def: k17.S-6) to marry his charge to someone,though it is not permissible to commission someonewho himself lacks the requisite conditions(m3.4(a,b,c,d,e)) to be a guardian.The groom too may commission someone toaccept the marriage agreement on his behalf, providedthe person commissioned is someone whowould be legally entitled to accept such a marriagefor himself
(0: A child, for example, may notaccept a marriage for himself, let alone someoneelse, nor maya woman be commissioned for this,nor someone in a state of pilgrim sanctity(ihram).)

Neither the guardian of the bride nor hisagent may state the marriage offer (def: m3.2(a))for the guardian's own marriage (A: to her)
If herguardian wants to marry her, as when, for example,he is the son of her father's brother, then helets a different son of the father's brother stand inas guardian
If there is no one in his own degree(A: of relation to her), then the Islamic judgestands in as guardian.

No one may state both the proposal and itsacceptance (def: m3.2(a,b)) for one marriage,except the bride's grandfather when marrying hisson's daughter to his (A: other) son's son.

GUARDIANS WHO MAY MARRY A VIRGINTO A MAN WITHOUT HER CONSENTGuardians are of two types, those whomay compel their female charges to marry someone,and those who may not.(1) The only guardians who may compeltheir charge to marry are a virgin bride's father orfather's father, compel meaning to marry her to asuitable match (def: m4) without her consent.(2) Those who may not compel her are notentitled to marry her to someone unless sheaccepts and gives her permission.Whenever the bride is a virgin, the father orfather's father may marry her to someone withouther permission, though it is recommended to askher permission if she has reached puberty
A virgin'ssilence is considered as permission.As for the nonvirgin of sound mind, no onemay marry her to another after she has reachedpuberty without her express permission, no matterwhether the guardian is the father, father'sfather, or someone else.

No guardian may marry a woman to someonewho is not a suitable match (def: m4) withouther acceptance and the acceptance of all who canbe guardians (def: m3.7)
If the Islamic magistrateis her guardian, he may not under any circumstancesmarry her to someone who is not asuitable match for her.If the bride selects a suitor who is not a suitablematch for her, the guardian is not obliged tomarry her to him
If she selects a suitable matchbut her guardian chooses a different suitor who isalso a suitable match, then the man chosen by theguardian takes precedence if the guardian is onewho may lawfully compel her to marry (def:m3.13(1)),while the one she selects takes precedencewhen the guardian may not lawfully compelher to marry (m3.13(2)).*

(N: The definition of a suitable match shouldnot be misunderstood as a recommendation forwhom to marry
It is merely a legal restriction toprotect a woman's interests when the father orgrandfather of a virgin marry her to someonewithout her consent (dis: m3.13,15)
As for whenshe wishes to marry someone who is not a suitablematch, and her guardian has no objection, there isnothing wrong or offensive in her doing so.)

Suitability concerns lineage, religiousness,profession, and being free of defects that permitannulling the marriage contract (def: m7)
(N: Asfor color, it is of no consideration in suitability.)

The following are not suitable matches forone another:(1) a non-Arab man for an Arab woman (0:because of the hadith that the Prophet (Allahbless him and give him peace) said,""Allah has chosen the Arabs above others"");(2) a corrupt man (def: O24.3) for a virtuouswoman (0: though it is sufficient for the would-behusband to have given up his wrongdoing);(3) a man of a lowly profession for thedaughter of someone with a higher profession,such as a tailor wanting to marry a merchant'sdaughter (A: though an Islamic scholar is a suitablematch for any level whatever);(4) or someone with a defect that permitsannulling the marriage (def: m7) for someonewithout such defects.Being wealthy has nothing to do with suitability(0: for money comes and goes, and those withself-respect and intelligence do not take pride init), nor does being elderly.

The marriage agreement is invalidwhenever a guardian marries his charge to someonewho is not a suitable match for her, if donewithout both her acceptance and the acceptanceof all who are eligible as guardians (def: m3
7) andare on the guardian's level of relation to her (A:such as his brothers)
But if both these partiesagree, then the bride's relatives further from herthan the guardian may not object.

When the father or father's father see thatthe best advantage is to be served by marrying ayoung boy (or girl) to someone, they may do so,though they are not entitled to marry the child tosomeone with a physical defect (dis: m7) that legallypermits annulment of the marriage.

If a person is foolhardy (safih, def:k13.1(A:) or continuously insane, but needs tomarry, then his father, grandfather, or the Islamicmagistrate may marry him to someone
If theygrant permission to the foolhardy person to marryhimself, his marriage is valid, though if he does sowithout their leave, it is invalid.

It is obligatory for a woman to let her husbandhave sex with her immediately when:(a) he asks her;(b) at home (0: home meaning the place inwhich he is currently staying, even if being lent tohim or rented);(c) and she can physically endure it.(d) (0: Another condition that should beadded is that her marriage payment (mahr, def:mS) has been received or deferred to a term notyet expired.As for when sex with her is not possible, suchthat having it would entail manifest harm to her,then she is not obliged to comply.)If she asks him to wait, she is awaited, to amaximum of three days
(0: She does not ask towait because of not having finished her period orpostnatal bleeding, for there is no physical harmentailed in her complying as she is, though if shefears that such foreplay with him will lead to actualcopulation (A: which is unlawful under such circumstances),then she may refuse, as that is notobligatory)
(n: w45 discusses wives' other dutiesto husbands.)

THE WIFE'S RIGHT TO INTERCOURSE(Imam Ghazali:) One should make love toone's wife every four nights, as is fairest, since thenumber of wives one may have is four, and onemay wait this long to do so, though one shouldmake love to her more or less than this, accordingto the amount she needs to remain chaste and freeof want for it (N: if one is able), since it is obligatoryfor a husband to enable her to keep chaste(Ihya' 'uium ai-din (y39), 2.46).

THE WEDDING NIGHTThe first time they sleep together, it isrecommended for the husband to grasp his bride'sforelock and supplicate Allah for an increase inblessings (baraka) (0: such as by saying, ""MayAllah bless each of us in their partner"").

THE HUSBAND'S RIGHTSA husband possesses full right to enjoy hiswife's person (A: from the top of her head to thebottoms of her feet, though anal intercourse (dis:p75.20)is absolutely unlawful) in what does notphysically harm her.He is entitled to take her with him when hetravels.

CONTRACEPTIONThe husband is permitted to practicecoitus interruptus (n: w46 discusses the relation ofthis to other methods of contraception) inlovemaking with his wife (0: meaning to makelove to her until he feels an impending orgasm,when he withdraws to ejaculate outside the vagina)though it is better not to (0: it beingconsidered offensive in our school (dis: w46.2)because it is a means to prevent reproduction).

The husband is entitled to insist that hiswife undertake both the measures necessary forhaving sex with her such as the purificatory bath(ghusl) after her monthly period, and those necessaryto full enjoyment of her such as the purificatorybath after major ritual impurity Ganaba),shaving her private parts, and removing filth.*

(N: It is unlawful for one to marry one'sancestors, descendants, parents' descendants, orthe first generation of one's grandparent's offspring,meaning one's paternal or maternal aunts(n: or uncles, if one is female)
One's unmarriageablekin (mahram) are those one is forbidden tomarry forever.)

It is unlawful (0: meaning both sinful andlegally invalid) for a man to marry his:(1) mother;(2) grandmothers (0: from his mother's orfather's side) and on up;(3) daughters;(4) daughters of his children, children's children,and on down;(5) sisters;(6) daughters of brothers or sisters, theirchildren's daughters, and on down;(7) mother's sisters, grandmother'S sisters,and on up;(8) father's sisters, father's father's sisters,and on up;(9) wife's mother;(10) wife's grandmother;(11) the wives of his father, father's father,and on up;(12) the wives of his children, children's children,and on down;(all of whom «9) through (12)) are unlawful forhim to marry by the mere fact of marriage
As fora man's wife's daughter (N: from a different husband),she is not unlawful for him to marry untilhe has had sexual intercourse with her mother.Were he to divorce the mother before intercourse,it would be permissible for him to marry thedaughter)(13) (n: and all those considered as unmarriageablekin to him through his having beenbreast-fed by a particular wet nurse in infancy, asat n12.2).

(N: It is unlawful and invalid for a womanto marry her:(1) father, grandfather, and on up;(2) son, son's son, daughter's son, and ondown;(3) brother;(4) father's brother, meaning the brother ofany male ancestor;(5) mother's brother, meaning the brother ofany female ancestor;(6) brother's son, sister's son, or any otherdescendants of brothers or sisters;(7) the husband of her mother, grandmother,and on up;(8) the husband of her daughter or otherfemale descendant;(9) her husband's father, grandfather, andon up, and husband's son and descendants;(10) (n: and unmarriageable kin to herthrough her having been breast·fed by a particularwet nurse in infancy, as at n12.2).

It is unlawful for a man to marry both:(1) a woman and her sister;(2) a woman and her father's sister;(3) or a woman and her mother's sister.(N: But if a man is no longer married to one of theabove and the waiting period (def: n9) hasexpired, then he may marry the other.)

The same categories of relatives who areunlawful for one to marry because of one's kinshiprelation to them are also unlawful to one by ""fosterrelationship,"" through having been breast-fedby a particular wet nurse in infancy (dis: n12.2)(N: since someone nursed in infancy by a womanis prohibited to marry those whom her offspringand her husband's offspring are prohibited tomarry).

It is unlawful for a Muslim man to marry:(1) a Zoroastrian woman;(2) an idol worshipper;(3) an apostate from Islam (murtadd,def: oS);(4) or a woman with one parent
who isJewish or Christian, while the other is Zoroastrian.(5) (N: It is not lawful or valid for a Muslimman to be married to any woman who is not eithera Muslim, Christian, or Jew; nor is it lawful orvalid for a Muslim woman to be married to anyonebesides a Muslim.)

It is unlawful for a man who has divorcedhis wife by public imprecation (def: nll) toremarry her (N: though she is not considered hisunmarriageable kin (mahram), and he may notlook at or be alone with her).

It is unlawful to marry a woman who is ina state of pilgrim sanctity (ihram, def: j3) (N: forhajj or 'umra), or in her waiting period (def: n9)after marriage to another.

It is unlawful for a free man to marry morethan four women
It is fitter to confine oneself tojust one.

The following types of marriage are legallyinvalid:(1) to marry by ""trading daughters [or sisters]""(A: such that the marriage of each by theguardian of the other supposedly takes the placeof the woman's marriage payment (mahr));(2) to have a ""temporary marriage"" (mut'a),meaning to marry a woman for a stipulated period(0: whether specified, such as a month, orunknown, such as ""until So-and-so comes"");(3) or to marry a woman after her threefolddivorce solely to cohabit and thus permit her (dis:n7.7) to remarry her previous husband (A: whichis an enormity (dis: p29)), though if the marriageagreement is made for this reason but does notexpressly stipulate it, then it is legally valid (dis:c5.2).*

In any of the following circumstances, thehusband or wife has the option to annul the marriageagreement immediately, if this is done in thepresence of the Islamic magistrate (0: or a thirdparty chosen to judge between them (dis: 021.4),provided that he is a mujtahid (def: O22.1(d)) andthere is no Islamic judge), even when the partnerannulling the marriage has the same defect whoseexistence in the spouse has motivated him or herto annul it (0: as when, for example, both areinsane):(1) one finds that the spouse is not sane, orhas elephantiasis or leprosy;(2) the husband finds that the wife's vagina isclosed or nearly so because of an abnormal growthof flesh or bone;(3) or the wife finds that the husband isimpotent, or that his penis has been dissevered.The agreement may also be annulled whenthe defect occurs after making the marriage agreement,except when a husband's impotence occursafter he has had sexual intercourse with his wife,in which case annulment is no longer possible.When a husband (N: impotent from the beginning)acknowledges his impotence, the magistratepostpones action on the case for one year from theday it is first submitted to his consideration
If thehusband has intercourse with her during the year,then she is not entitled to annul the marriage,though if he does not, then she may annul it
Incases of impotence, her above-mentioned prerogativeof annulling the marriage ""immediately""means after this period of one year.