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Ghayat Al-Taqrib (En)
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GHĀYAT AL-TAQRĪB
GHĀYAT AL-TAQRĪB
Abū Shujāʿ al-Aṣfahānī’s
Shāfiʿī Epitome
Translation and Notes by
CONTENTS
Introduction vii
Author’s Preface
Purification
Prayer
Funerals
Zakah
Fasting
Copyright © Steven (Musa) Pilgrimage
Woodward Furber
Selling & Other Transactions
Inheritance & Bequests
All rights reserved. Except for brief
Marriage & Divorce
quotations in a review, this book, or
any part thereof, may not be Injurious Crimes
reproduced, stored in or introduced Punishments
into a retrieval system, or
transmitted, in any form or by any Jihād
means, electronic, mechanical, Hunting & Slaughtering
photocopying, recording or
otherwise, without the prior written Contests & Marksmanship
permission of the copyright owner. Oaths & Vows
Courts & Testimony
Printed for use at the Zayed House
for Islamic Culture Imam Training Manumission
Program of November .
Bibliography
is work would be in far worse Index
condition without Zainab Chaudhry’s
generous help in editing the text.
v
In the Name of Allāh,
Most Merciful and Compassionate
CONVENTIONS
INTRODUCTION
roughout this book, lettered lists are used to indicate things that are re- Since the earliest days of Islam, the preservation, explanation and dis-
quired, while numbered lists are used to indicate things that are recom- semination of religious knowledge has been the task of living human
mended. beings. ough the Qur’ān, ḥadīth and other bodies of knowledge
were recorded soon aer the death of the Prophet , reliance has al-
Readers should be familiar with the following terms: ways been upon living humans who know and practice, not inanimate
wājib Something which one is rewarded for performing and punished pages that statically record. When ʿUthmān sent an official muṣḥaf
for omitting. It is synonymous with farḍ except in a very few issues. [compiled book of the Qur’ān] to the various regions of Islām, he
roughout this translation, it is usually rendered as “obligatory.”
sent someone with each muṣḥaf, charging them with the responsi-
sunnah Something which one is rewarded for performing but not pun-
bility to teach the masses its proper recitation and meanings. While
ished for omitting. It is synonymous with mustaḥabb and mandūb. It
has been rendered as “recommended.” pages can record meanings, pages cannot recite or explain what they
mubāḥ Something which one is neither rewarded nor chastised for per- record; pages cannot teach others to recite or explain properly, nor
forming or omitting. It has been rendered as “merely permissible.” test and—when needed—correct those who err or are mistaken.
makrūh Something which one is not punished for performing yet re- Taking knowledge from living masters is nothing new. Before
warded for omitting. It has been rendered as “offensive.” writing, it was impossible to learn from the distant or the dead. Nor is
ḥarām Something which one is punished for performing and rewarded it outdated, as anyone who has qualified for a license or been awarded
for omitting. It has been rendered as “unlawful.” an educational degree or certificate can confirm. What may be unique
to Islam, however, is that those who do not know are commanded to
ask those who do ( :), along with keeping an explicit record of
the people through which knowledge is transmitted [isnād].
Most Muslims today trace their understanding of law back to the
four Imāms (Abū Ḥanīfah, Mālik, al-Shāfiʿī and Aḥmad), who them-
selves trace their understanding back to the Prophet . For most
people, knowledge of this scholarly lineage is limited to generalities:
the name of the Imām whose school they follow, the name of a con-
temporary scholar, the names of a few notables within the school.
Students, however, learn the details of their scholarly lineage, includ-
ing the consecutive generations of scholars, and the relationships be-
tween scholars and between books.
One of the first names students of the Shāfiʿī school learn is “Abū
Shujāʿ.” His epitome is usually the first book in the Shāfiʿī syllabus
vi vii
that covers the whole range of legal topics. e book is known to
have two different titles: Ghāyat al-Taqrīb and Ghāyat al-Ikhstiṣār.
It is also dubbed Matn Abī Shujāʿ. Chances are that the student will
read the book at several stages in his study. AUTHOR’S PREFACE
In his early stages, he is likely to read the epitome alone or with
a brief commentary, such as Ibn Qāsim al-Ghazzī’s Fatḥ al-Qarīb al-
Mujīb, also entitled al-Qawl al-Mukhtār fī Ghāyat al-Ikhtiṣār. Stu-
dents interested in memorizing the text may prefer al-ʿAmariṭī’s ver- All praise is to Allāh, Lord of the Worlds. May the blessings of Allāh
sification in , lines, entitled Naẓm al-Ghāyat wa al-Taqrīb. be upon our liegelord the Prophet Muḥammad, and upon his pure
Aer reading Muḥammad Naqīb al-Miṣrī’s ʿUmdat al-Sālik, he household and his companions, one and all.
might return to reading the epitome with a full commentary that in- e judge Abū Shujāʿ ibn al-Ḥusayn ibn Aḥmad al-Aṣfāhānī (may
cludes additional issues and evidence, such as al-Khaṭīb al-Sharbīnī’s Allāh Most High grant him mercy) said:
Iqnāʿ. If he has memorized al-ʿAmariṭī’s versification, he may prefer One of my friends (may Allāh Most High protect him) asked me
its commentary Tuḥfat al-Ḥabīb by al-Fashanī. to make a short treatise in law according to the school of Imām al-
Aer reading Imām al-Nawawī’s Minhāj al-Ṭālibīn or when called Shāfiʿī (may Allāh grant him mercy and His good favor) that is of
on to teach the epitome to newer students, he might read the various utmost concision and paramount brevity, so that it[s meanings] be-
meta-commentaries and marginal notes [hawāshī]. ese books in- come closer to the one studying it and easier for novices to memo-
clude al-Jāwī’s commentary Qūt al-Ḥabīb al-Gharīb and al-Bājūrī’s rize. [He asked] that I include numerous categories and encompass
notes—both on Ibn Qāsim’s commentary; and al-Bijīrmī’s notes on all properties. So I responded, seeking reward and desiring that Allāh
al-Sharbīnī’s Iqnāʿ. Most High grant me success in [doing] the correct thing. Verily, He
Students interested in evidence will find al-Bughā’s Tahdbīb Adil- is capable of whatever He wishes and kind to and knowledgeable of
lat Matn al-Ghāyat wa al-Taqrīb useful. Advanced students inter- His servants.
ested in the evidence and rationale of the various opinions within
the school tend to read al-Ḥusaynī’s Kifāyat al-Akhyār.
It is my hope that this translation serves English-speaking audi-
ences as an introduction to the entire range of basic topics within
the Shāfiʿī school of law. Students will benefit most from the book
if they read it with a qualified instructor, perhaps aer first reading
Imām al-Nawawī’s Maqāṣid. Students who have read Reliance Of e
Traveller should find it beneficial for review.
Where I have succeeded, it is only through the grace of Allāh; Aḥmad ibn al-Ḥusayn ibn Aḥmad al-Aṣfahānī, Abū Shujāʿ, was born in .
He taught Shāfiʿī fiqh in Baṣra for forty years. He was appointed judge of Aṣfahān,
where I have faltered it is from my own shortcomings. Persia. During the period of his judgeship, justice and religiosity spread. He died
in Medina, though it is not certain in which year. He was buried in a mosque he
had built close to the Prophet’s Mosque. It is said that he lived years without
losing use of any of his faculties. When asked about this, he explained that he
preserved his faculties from disobedience, so Allāh preserved them. In addition
to our book, his works include a commentary on al-Māwardī’s Iqnāʿ. May Allāh
grant him His mercy.
viii
§.
of them [with a pure animal]. e bones and hair of unslaughtered
animals are filth, except from human beings.
PURIFICATION
.
It is impermissible to use gold or silver objects [āniyah] [e.g., instru-
ments, utensils, containers and devices]. It is permissible to use ob-
. jects made from other [expensive materials].
Purification is possible with seven types of water:
. rain water; .
. sea water; Using the toothstick [miswāk] is recommended at all times, except
. river water; aer the [sun passes its] zenith for someone who is fasting. Using
. well water; the toothstick is more strongly recommended in three situations:
. spring water; . when the taste of the mouth becomes stale as a result of not
. snow; and eating, or something else;
. hail. . when getting up aer sleeping; and
. right before praying.
.. Categories of Water
ere are four categories of water: .
. Pure and purifying, not offensive to use: it is plain water. .. Obligatory Actions
. Pure and purifying, yet offensive to use: it is water irradiated
by the sun [mushammas]. Six actions are obligatory:
. Pure, yet non-purifying: it is water that has been used [to raise a. intention just as one begins to wash the face;
ritual impurity or remove filth] or has been changed by pure b. washing the face;
substances that have admixed with the water. c. washing the hands up to [and including] the elbows;
. Impure: it is water in which filth has been admixed while the d. wiping a portion of the head;
water is [either] less than two qullah in volume, or at least two e. washing the feet; up to [and including] the ankles and
qullah in volume and has changed. f. doing the above in the order they were mentioned.
Two qullah equal approximately Bāghdādī riṭl [≈ liters],
according to the soundest opinion. .. Recommended Actions
Ten actions are recommended:
.
. saying bismi llāhi r-raḥmāni r-raḥīm;
Hides of unslaughtered animals are purified through tanning, except . washing the hands before putting them into the vessel; [con-
for the hides of dogs, pigs, and the offspring of both of them or one taining the water]
. rinsing the mouth and nose;
Water changes when its color, smell, or taste changes. . wiping the head in its entirety;
§.
. wiping the outer and inner parts of the ears using new water; .
. combing a thick beard with one’s wet fingers;
.. What Necessitates the Purificatory Bath
. running wet fingers between the fingers and toes;
. washing the right [limb before the le]; Six occasions necessitate the purificatory bath [ghusl]. ree apply
. performing the actions three times; and to [both] men and women:
. performing the actions consecutively. . intercourse;
. ejaculation of sexual fluid; and
.. Cleaning Oneself . death.
ree things are specific to women:
Cleaning oneself from urine and feces is obligatory. It is best to do . menstruation;
so using stones and then with water. It is permissible to limit oneself . postnatal bleeding; and
to using [either] water or three stones to clean the affected area. If . giving birth.
one wishes to limit oneself to using just water or three stones each of
which clean the affected area, then water is better. .. Obligatory Actions
.. Relieving Oneself It has three obligatory actions:
a. intention;
[When relieving oneself] one must avoid facing or turning one’s back b. removing filth from one’s body, if any; and
toward the direction of prayer when in vacant areas. c. water reaching every part of the hair and skin.
[Out of good manners,] one avoids urinating and defecating in
stagnant water, below fruit-bearing trees, on paths, in shade and into .. Recommended Actions
holes. One does not speak while urinating or defecating, and one
does not face the sun or the moon, nor turn one’s back toward them. It has five recommended actions:
. saying bismi llāhi r-raḥmāni r-raḥīm;
.. Ablution Invalidators . making ablution beforehand;
. rubbing the hand over the body;
Six things invalidate ablution: . performing the actions consecutively; and
. anything exiting from the private parts; . washing the right [side] first.
. sleeping while one’s buttocks are not firmly seated;
. losing consciousness due to intoxication or sickness; .. Recommended Baths
. direct skin contact between a male and an unrelated woman;
ere are seventeen occasions on which the purificatory bath is rec-
. touching a human’s genitals with the palm; and
ommended. For:
. touching one’s anus, according to the new school.
. [attending the] Friday Prayer;
-. the [day of the] two ʿEids;
According to Imām al-Nawawī’s various books, neither is offensive.
Imām al-Shāfiʿī’s “new school” refers to his opinions aer moving to Egypt. His is agrees with Imām al-Rāfiʿī. According to Imām al-Nawawī, one washing lis
“old school” refers to his opinions prior to this move. e new school is followed the state of major ritual impurity and the impurity itself provided that the sub-
on all but seventeen issues. stance itself has been removed.
§.
. the Drought Prayer; .. e Permissible Duration
-. the solar and lunar Eclipse Prayers;
Someone who is a resident may wipe over khuff for [up to] hours;
. aer washing the deceased;
travelers may wipe for [up to] hours. e duration begins from
. entering Islam;
the point one loses ablution aer having worn the khuff.
. [recovering from] insanity;
One completes the duration of a resident if one:
. regaining consciousness;
. wipes while resident and then travels, or
. entering the state of pilgrim sanctity;
. wipes while traveling and then becomes a resident.
. entering Mecca;
. standing on ʿArafah;
.. Invalidators
. staying the night at Muzdalifa;
. throwing at the three pillars; and ree things invalidate wiping over khuff :
-. circumambulating the Kaʿba and traversing [between Ṣafā . their removal;
and Marwā]. . the [permissible] duration expiring; and
. the occurrence of something that necessitates the purificatory
. bath.
.. Conditions
.
Wiping over khuff is permissible provided three conditions are met: .. Conditions
a. one begins wearing them aer being in a state of [complete]
purification; ere are five conditions for making dry ablution [tayammum]:
b. both khuff cover the area of the feet that is obligatory to wash a. the existence of an excuse because of traveling or sickness;
[when making ablution]; and b. the time of prayer having entered;
c. they are constructed such that it is possible to [walk around] c. seeking water;
in them. d. an excuse or the incapacity to use water aer seeking it; and
e. the existence of pure earth containing dirt, and if it is mixed
with gypsum or sand it does not suffice.
It becomes obligatory when one of the things obligating the purificatory bath has .. Obligatory Actions
taken place prior to the non-Muslim entering Islām.
e preponderant and relied-upon opinion is that the purificatory bath is not rec- It has four obligatory actions:
ommended for circumambulating the Kaʿba. Some versions of the text include a. intention;
entering Medina as the seventeenth entry. See Muḥammad al-Sharbīnī; ‘Abd al- b. wiping the face;
Raḥmān Kishk, editor, Al-Iqnā‘ fī Ḥall Alfāẓ Abī al-Shujā‘, (Damascus: Dār al-
Khayr, /) p. , and Ibrāhīm al-Bājūrī, Ḥāshiyat al-Bājūrī ‘alā ibn Qāsim c. wiping the hands [up to and] including the elbows; and
al-Ghazzī, vols, (Beirut: Dār Iḥyā’ al-Turāth al-‘Arabī, /) :.
A khuff is a leather sock. Socks made of other material can be used as khuff pro- Dust mixed with sand suffices when the sand is coarse enough that it does not
vided they meet the conditions listed in this section. prevent the dirt from reaching the skin. See Muḥammad Nawawī ibn ‘Omar al-
Other conditions for suitable khuff include that the material is ritually pure and Jāwī, Qūt al-Ḥabīb al-Gharīb: Tawshīḥ ‘alā Fatḥ al-Qarīb al-Mujīb, (Cairo: Maṭba‘
water repellant to a certain degree. Muṣṭafā al-Bābī al-Ḥalabī, /) pp. -.
§.
d. [doing the aforementioned actions in] order. purified by sprinkling the affected area with water.
.. Recommended Actions .. Excusable Filth
It has three recommended actions: Filth is inexcusable except for:
. saying bismi llāhi r-raḥmāni r-raḥīm; . small amounts of blood and pus; and
. wiping the right [limb] before the le; and . living things which do not possess flowing blood: if they fall
. performing the actions consecutively. into a container and die therein, they do not render it filthy.
.. Invalidators .. Animals
ree things invalidate dry ablution: All animals are pure except for dogs, pigs, and offspring of both of
. anything that invalidates ablution; them or one of them [with a pure animal].
. seeing [or finding] water before praying; and Dead animals which have not been slaughtered are filth, except
. apostasy [May Allāh protect us!]. for:
. fish;
.. Splints . locusts; and
. human beings.
Someone with a splint wipes over the splint [or cast or bandage], per-
forms dry ablution and then prays. He is not required to repeat [the .. Removing Filth
prayer] if the splint was applied while he was in a state of ritual purity
[and is not on the limbs upon which dry ablution is made: face and Containers in which dogs or pigs have lapped are washed seven times;
arms up to the elbow]. one of the washings must include dirt. Other [types of] filth are
washed once, but [washing] three times is better.
.. Dry Ablution and Prayers
.. Vinegar
One makes a dry ablution for each obligatory prayer. One may pray
as many supererogatory prayers as one wishes with a single dry ablu- Wine becomes pure when it turns into vinegar on its own. It does
tion. not become pure if it turns into vinegar because a foreign substance
has been added to it.
.
.
Anything wet that exits from the genitals is filth, except for sexual
fluid [manī]. Washing all urine and feces is obligatory, except for ree types of blood exit from the vagina:
urine from a male infant who has not eaten food, which may be . menstrual;
. postnatal; and
In addition to these, one must also convey the earth from a place other than one’s
own person using one’s own hands. See al-Jāwī p. . nourishment, sprinkling water will not suffice. Because medicine is not taken for
What is meant by “not eaten food” is not having ingested anything other than milk the sake of nourishment, ingesting it does not void this ruling. Allāh knows best.
and its derivatives. If the child ingests something other than milk for the sake of is suffices once the physical substance itself has been removed.
§.
. irregular. . reciting Qur’ān;
Menstrual blood is blood that normally exits from a woman’s . touching and carrying the Qur’ān;
vagina and without being caused by delivery. It is black in color, . circumambulating the Kaʿba; and
hot and pungent.its basis is the verse “ey ask you about al-maḥīḍ” . remaining within a mosque.
[al-Baqara:], i.e. the time of menstruation and not its place; and ree things are unlawful for someone in the state of minor ritual
reports, such as what is reported in the Saḥīḥayn: “is is something impurity [ḥadath]:
Allāh has decreed for the daughters of Ādām.” . prayer;
Postnatal bleeding is the blood that exists aer childbirth. . circumambulating the Kaʿba; and
Irregular bleeding [istiḥāḍa] is blood that exits outside of the days . touching and holding the Qur’ān.
of menstrual and postnatal bleeding.
e minimum duration for menstruation is hours; the maxi-
mum duration is days. e average duration is or days.
e minimum duration for postnatal bleeding is a single instant;
its maximum is days. e most average duration is days.
e minimum duration of purity between two menstrual cycles
is days; it has no maximum limit.
e minimum age at which a woman menstruates is [lunar]
years.
e minimum duration for pregnancy is months; the maxi-
mum duration is years. e most common duration is months.
.. Actions Unlawful Without Ritual Purity
Eight things are unlawful because of menstruation and postnatal bleed-
ing:
. prayer;
. fasting;
. reciting the Qur’ān;
. touching and carrying the Qur’ān;
. entering the mosque;
. circumambulating the Kaʿba;
. [vaginal] intercourse; and
. seeking sexual enjoyment from the area between the [woman’s]
navel and knees.
Five things are unlawful for someone in the state of major ritual
impurity [janāba]:
. prayer;
§.
c. of sound mind.
e [combination of these three conditions] is the definition of
PRAYER legal responsibility [taklīf ].
.. Recommended Prayers
. ere are five recommended prayers:
-. the two ʿEid Prayers;
ere are five obligatory [daily] prayers. -. the solar and lunar Eclipse Prayers; and
e time for the Noon Prayer begins with the sun passing its . the Drought Prayer.
zenith. It ends when [the length of] an object’s shadow, minus its
shadow at the zenith, is the same as its height. ere are seventeen rakʿat of recommended [prayers] associated
e time for the Midaernoon Prayer begins when the length of with the obligatory [daily] prayers [rawātib]:
an object’s shadow [minus its shadow at the zenith] is greater than . two before the Dawn Prayer;
the object’s height. Its preferred time ends when an object’s shadow . four before the Noon Prayer and two aer its performance;
is twice its height. [Its] permissible time extends until sunset. . four before the Midaernoon Prayer;
e time for the Sunset Prayer is a single time. It begins when the . two aer the Sunset Prayer;
sun sets completely, and lasts long enough for one to perform the call . three aer the Night Prayer, one of which is Witr.
to prayer [adhān], make ablution, cover what must be covered for ree supererogatory [nāfilah, nawāfil] prayers are emphasized:
prayer, perform the call to commence the prayer [iqāma] and pray . the Night Vigil prayer [qiyām al-layl];
five rakʿāt. . the Midmorning prayer [ḍuḥā]; and
e time for the Night Prayer begins when the red in the sky dis- . Tarāwīḥ.
appears. Its preferred time extends until the end of the first third of
the night. Its permissible time extends until [the beginning of] true .
dawn.
.. Prerequisites
e time for the Dawn Prayer begins at true dawn. Its preferred
time extends until a yellow glow [appears on the horizon]. [And its] ere are five prerequisites for prayer:
permissible [time extends to] the [complete] rising of the sun. a. the absence of ritual impurity [ḥadath] and [inexcusable] filth;
b. covering one’s nakedness with clothes that are pure;
. c. praying on something that is pure;
d. knowing that the prayer time has entered; and
ree conditions obligate prayer. [One must pray if one is:]
e. facing the direction of prayer [the Kaʿba].
a. a Muslim;
b. mature; and
e Tarāwīḥ prayer is performed each night during Ramaḍān, subsequent to the
Night Prayer. It is prayed rakʿāt at a time. ere should be a short period of rest
According to Imām al-Shāfiʿīʿs earlier opinion, the time for the Sunset Prayer ex- every rakʿat. e minimum agreed upon amount among the four schools is
tends until the disappearance of red over the horizon. Imām al-Nawawī considered rakʿāt. One should pray in a group unless he has memorized the Qur’ān and is
the earlier opinion preponderant. confident that he will complete it if he prays on his own.
§.
In two situations it is permissible to deviate from the direction of .. Recommended Actions
prayer:
ere are two actions recommended prior to commencing prayer:
. if there is intense fear; and
. the call to prayer [adhān]; and
. if praying non-obligatory prayers during a journey while rid-
. the call for its commencement [iqāma].
ing [a mount].
ere are two actions recommended within prayer:
.. Integrals . the first tashahhud; and
. making the [qunūt] supplication aer [standing up from] bow-
ere are eighteen integrals [arkān] for prayer [mentioned in their ing in every Dawn Prayer and in Witr Prayer during the sec-
order of occurance]: ond half of Ramaḍān.
a. intention;
b. standing when one is capable of doing so; .. Lesser Recommended Actions
c. saying the opening Allāhu akbar; ere are fieen lesser recommended actions [hay’at]:
d. reciting al-Fātiḥa—and bismi llāhi r-raḥmāni r-raḥīm is one . raising the hands concurrently with saying the opening Allāhu
of its verses; akbar, bowing and rising [from it];
e. bowing; . placing the right hand over the le;
f. reposing therein; . saying the opening supplication;
g. rising and standing straight; . seeking protection from Satan;
h. reposing therein; . audible utterances when appropriate;
i. prostrating; . quiet utterances when appropriate;
j. reposing therein; . saying āmīn;
k. sitting between the two prostrations; . reciting a chapter [of the Qur’ān] aer al-Fātiḥa;
l. reposing therein; . saying Allāhu akbar when rising and descending;
m. the final sitting; . saying samiʿa Allāhu li man ḥamidah [as one begins to rise
n. saying the tashahhud therein; from bowing], rabbanā laka al-ḥamd [aer one has straight-
o. saying the prayers upon the Prophet therein; ened up];
p. saying the first al-salāmu ʿalaykum; . saying subḥāna rabbī al-ʿaẓīm when bowing and subḥāna rabbī
q. intending to exit from prayer; and al-ʿalā when prostrating;
r. performing the integrals in this order. . placing one’s hands upon one’s thighs while sitting, extending
the fingers of the le hand and closing the right except for the
index finger, with which one points during the tashahhud;
ese integrals apply whether one is the imām, praying behind an imām or praying e lesser recommended actions are actions that do not call for a prostration of
alone. forgetfulness if omitted.
e preponderant opinion is that intending to exit from the prayer is not a require- In order for an utterance to be of consideration, it must be loud enough that one
ment. It is recommended to do so between the two sayings of al-salāmu ʿalaykum. can hear it; a mute is required to move his tongue. During the Dawn, Sunset and
If one does intend to exit the prayer before the first al-salāmu ʿalaykum, it removes Night Prayers, the imām and those praying individually should recite al-Fātiḥa
the person from prayer immediately, thus necessitating that the prayer be repeated. and any additional Qur’ān during the first two rakʿāt aloud.
§.
. sitting in the manner of iirāsh in all places wherein one sits, . a change of intention;
but . turning away from the direction of prayer;
. sitting in the manner of tawarruk in the final sitting; and . eating;
. saying the second al-salāmu ʿalaykum. . drinking;
. cackling; and
.. Men and Women During Prayer . apostasy. [May Allāh protect us!]
Women [with respect to prayer] differ from men in five things. A .. Quantity of Prayer Elements
man:
. spreads his elbows out from his sides; ere are obligatory rakʿāt, which contain prostrations, oc-
. raises his stomach from his thighs during bowing and pros- currences of Allāhu akbar, tashahhuds, sayings of al-salāmu
trating; ʿalaykum, and sayings of subḥāna rabbī al-ʿaẓīm or ...al-aʿlā.
. recites audibly when appropriate; ere is a total number of integrals during [these] prayers:
. says subḥān Allāh if something occurs during prayer; and during the Dawn Prayer, during the Sunset Prayer, and during
. his nakedness is the area between his navel and his knees. the four-rakʿāt prayers [the Noon, Midaernoon, and Night Prayers].
[Whereas] a woman:
-. draws herself together [when bowing and prostrating]; .. Inability
. lowers her voice in the presence of men who are not close rel-
atives; Anyone unable to stand during the obligatory prayers may pray seated.
. claps if something occurs during prayer; and If also unable to sit, one may pray lying on one’s side.
. a free woman must cover her entire body except her face and
hands, while a female slave covers the same as a man. .. Forgetfulness During Prayer
.. Invalidators ere are three types of actions that might be omitted in prayer:
. obligatory;
Eleven things invalidate prayer: . recommended; and
. intentional speech; . lesser recommended actions.
. excessive motion;
. ritual impurity; Obligatory: e prostration for forgetfulness does not take its
. the occurrence of filth; place. Instead, if one remembers it soon aer its omission, one per-
. exposure of one’s nakedness; forms the action, continues the prayer and makes a prostration for
forgetfulness.
To sit in the manner of iirāsh, one sits with the le foot below one’s buttocks Recommended: One does not return to a recommended action
while the right foot is raised up with the toes on the ground pointing towards the aer engaging in an action that is obligatory. One does, however,
direction of prayer. For tawarruk, one does similar to the above, except that the make a prostration for forgetfulness for its omission.
le foot goes out under the right shin and the bottom of the le thigh and buttocks
are in contact with the ground.
Lesser recommended actions: One does not return to a lesser rec-
Such as alerting the imām to a mistake, giving a visitor permission to enter or ommended action aer its omission nor make a prostration for for-
warning a blind person from potential danger. See al-Sharbīnī p. . getfulness for its omission.
§.
If one has doubts concerning how many rakʿāt one has completed, .
one takes the certain number (the least [of the possibilities]), prays
.. Shortening
the rest and performs a prostration for forgetfulness.
e prostration for forgetfulness is recommended. e location Travelers are entitled to shorten prayers consisting of four rakʿāts [to
of the prostration for forgetfulness is before saying [the first closing] two rakʿāts] provided that five conditions are met:
al-salāmu ʿalaykum. a. the journey itself does not entail disobedience;
b. the distance of the journey be at least farsakh [approxi-
. mately miles, or kilometers];
It is unlawful to perform a prayer that lacks a cause [concurrent with c. the prayer being performed [normally] consists of four rakʿāt;
or arising prior to the prayer’s performance] during five times: d. the intention to shorten [the prayer] is concurrent with the
. aer the Dawn Prayer until [the onset of] sunrise; opening Allāhu akbar; and
. from [the onset of] sunrise until its completion and the sun e. the one shortening prayers does not follow a resident [or a
has risen one spear-length [above the horizon]; traveler who is not shortening prayer] [in prayer].
. when the sun is at its zenith;
. aer the Midaernoon Prayer until [the onset of] sunset; and .. Combining
. from [the onset of] sunset until its completion.
Travelers are entitled to combine:
. the Noon and Midaernoon Prayers, during either of the two
.
times one chooses; and
Congregational prayer is an emphasized sunnah [mu’akkadah]. . the Sunset and Night Prayers, during either of the two times
Followers must intend to follow, but it is not required that the one chooses.
imām intend to lead.
Residents are entitled to combine the two [sets of prayers] during
It is permissible [and valid] for someone who is free to be led by
the time of the first of them when there is rain.
a slave, and for one who is mature to pray behind an adolescent.
It is not valid for a male to be led by a female, nor for one who
.
reads al-Fātiḥa correctly to be led by someone who does not.
Wherever one prays in a mosque behind the imām while aware of .. Conditions Obligating the Friday Prayer
the imām’s prayer, the prayer suffices, provided one does not advance
closer to the direction of prayer than his imām. ere are seven conditions that cause the Friday Prayer to be obliga-
If the imām prays inside a mosque and the follower prays [behind tory. [When the individual is:]
and] close outside, it is permissible, provided that the follower is a. a Muslim;
aware of the imām’s prayer and there is no barrier between them. b. mature;
c. of sound mind;
d. free;
e. male;
e stronger opinion according to Imām al-Nawawī is that it is a community obli-
f. of sound health; and
gation.
’Close’ is within meters or feet. g. a resident.
§.
.. Conditions for Performance second.
[One] says the customary litanies [takbīr] starting at the sun-
e conditions for its performance are: set preceding each ʿEid, continuing until the imām commences the
a. the location be a city or town; ʿEid Prayer. During ʿEid al-’Aḍḥā one says this aer the obligatory
b. the congregation numbers [at least] forty of those who are re- prayers, beginning on the Day of ʿArafah and continuing until aer
quired to attend; and the Midaernoon Prayer on the last of the Days of Tashrīq [ Dhi
c. its time remains. al-Ḥijjah].
If the time exits or one of the conditions ceases to exist, the Noon
Prayer is performed. .
e Eclipse Prayer is an emphasized sunnah. It is not made up if
.. Obligatory Elements
missed.
e Friday Prayer has three obligatory elements: Two rakʿat are prayed during solar and lunar eclipses. Each rakʿah
a. two sermons: the imām stands while giving the two sermons contains two standings wherein [the imām] lengthens the recitation,
and sits in between; and two bowings wherein saying subḥān Allāh is prolonged — though
b. praying two rakʿat; and it is not prolonged during prostration.
c. doing [the above] in a congregation. e imām gives two sermons aer the prayer.
e prayer for the solar eclipse is silent, while the one for the
.. Lesser Recommended Actions lunar eclipse is audible.
It has four lesser recommended actions [hayʿāt]. [One should:] .
. perform the purificatory bath and clean the body;
. wear white; e Drought Prayer is recommended. e imām orders the people to
. trim one’s nails; and repent, give charity, cease being oppressive, seek reconciliation with
. apply perfume. enemies and fast three days. en the imām goes out with them on
the fourth day; they wear their work clothes, and are quiet and hum-
It is recommended that one listen attentively during the sermon,
ble. He prays two rakʿat with them, similar to the ʿEid Prayer. Aer
and that anyone who enters [the mosque] during the imām’s sermon
the two rakʿat he delivers a sermon and reverses his cloak. He makes
prays two brief rakʿat and then sits.
much supplication and asks for forgiveness. He makes the supplica-
tion of the Prophet , which is:
. ʿ
e ʿEid Prayer is an emphasized sunnah. O Allāh, make it a water of mercy and do not make it a shower
e ʿEid Prayer consists of two rakʿat. In the first, the imām says of torture, or wrath, trial, destruction or drowning.
Allāhu akbar seven times in addition to the opening Allāhu akbar; in O Allāh, upon the hills and bluffs, the thickets and valley floors.
the second, he says it five times in addition to the one for rising [from
prostration]. O Allāh, around us, not upon us.
e imām gives two sermons aer the prayer. He says Allāhu e sound opinion is that one does prolong prostration similarly to prolonging
akbar nine times during the first sermon and seven times during the bowing.
§.
O Allāh, send us rain, raining wholesomely, healthily, torren- .
tially, wide-spread, pouringly, in sheets, drenchingly, continu-
It is unlawful for men to wear silk or gold [in general, even a] ring,
ously until Judgment Day.
though both are permissible for women. Small and large amounts of
O Allāh, give us rain and make us not of those who despair. gold are identical with respect to impermissibility. If a portion of a
garment is silk and another portion is cotton or linen, it is permissible
O Allāh, servants and cities are in distress, hunger and want,
[for men] to wear it as long as the silk [content] is not more than half.
from which we can ask none but You for relief.
O Allāh, make the crops grow and the milk of the livestock flow,
and send down the blessings of the sky upon us and bring forth
for us the blessings of the earth. Raise from us the affliction that
none but You can li.
O Allāh, we seek forgiveness from You since You are O-For-
giving, so let loose the sky upon us in torrents.
ose who attend the prayer wash in the valley if it flows, and say
subḥān Allāh for thunder and lightning.
.
ere are three forms of prayer during peril.
e first form occurs when the enemy is not [located] in the di-
rection of prayer. e imām divides the troops into two groups: one
group stands facing the enemy while the other stands behind him. He
prays one rakʿah with the group that is behind him, and [he prolongs
his prayer while] the followers finish on their own and then head to
face the enemy. e other group comes and he prays one rakʿah with
them; they continue on their own [while he sits in tashahhud, wait-
ing] and he ends the prayer with them.
e second form occurs when the enemy is located in the direc-
tion of prayer. e imām arranges the followers in two lines and
begins prayer with them. When he prostrates, one of the rows pros-
trates with him while the other row remains standing, guarding them;
when he rises, the row that remained standing prostrates and catches
up to him.
e third form occurs in the midst of peril and combat. One
prays however one can: walking or riding; facing the direction of
prayer or turned away.
§.
is Your slave and messenger. And You are more knowledgeable
of him than we are.
FUNERALS
O Allāh, verily he has gone to remain with You and You are the
best with whom one could remain. He has become in need of
Your mercy, while You have no need to torture him. We have
come to You, seeking for him Your intercession.
.
O Allāh, if he was good then increase him in his goodness; if
Four things are required [to be done] for the deceased:
he was wicked then forgive him and meet him with Your mercy
a. washing;
and Your satisfaction [with him]. Protect him from the trial
b. shrouding;
of the grave and its torture. Make his grave spacious for him,
c. performing the Funeral Prayer; and
and spread the ground away from his flanks. And through Your
d. burial.
mercy, meet him with amnesty from Your torture until You res-
Two who are not washed or prayed over: urrect him to his paradise in safety, by Your mercy, O most mer-
. someone martyred while battling the polytheists; and ciful of the merciful!
. a fetus that did not show signs of life.
During the fourth, one says:
.
O Allāh, do not deprive us of his reward, nor afflict us aer him.
e deceased is washed an odd number of times. Lote tree is used in [O Allāh,] grant us and him forgiveness.
the first washing, and a bit of camphor in the last.
Aer the fourth, one says al-salāmu ʿalaykum.
.
.
e deceased is shrouded in three white garments which do not in-
clude a long shirt or turban. e deceased is buried in a trench grave [laḥd] facing the direction
of prayer. He is lowered gently into the grave, head-first, from the
. direction where his feet will rest. e person who places him in the
grave should say:
[During the prayer,] Allāhu akbar is said over the deceased four times.
Aer saying it the first time, one reads al-Fātiḥa. Aer the second, Bismillāh, wa ʿalā millati rasūli llāh (In the name of Allāh, and
one recites prayers over the Prophet . Aer the third, one suppli- according to the religion of the Messenger of Allah ).
cates for the deceased saying:
e deceased should be placed in the grave on his side, aer the grave
O Allāh, this is Your servant, son of two of Your servants. He has has been dug deep enough that one can stand and extend his arms
le the comfort of this world and its abundance and the things [without his fingertips extending beyond the grave].
he loved and the people who loved him, on to the darkness of the e grave is made level [with the surrounding ground]. It should
grave and what waits ahead. He testified that there is no deity not be built upon or covered with gypsum. ere is no harm in cry-
except You—You only, without partner—and that Muḥammad ing over the deceased provided one does not wail or rip one’s collar.
Condolences are given to the family of the deceased for up to
three days aer his burial.
Two [individuals] are not buried in a single grave except out of ZAKAH
necessity.
.
Zakāh is obligatory on five types of property:
. livestock;
. money;
. agriculture;
. fruit; and
. trade goods.
.. Livestock
Zakāh is obligatory on three types of livestock:
. camels;
. cows; and
. sheep [and goats].
It is obligatory when six conditions are met. [at the owner:]
a. is a Muslim;
b. is free;
c. possesses complete ownership;
d. possesses the minimum amount [niṣāb];
e. [possesses it for a duration of one] year; and
f. that the animals are grazed [on herbage that grows without
human intervention].
.. Money
[Zakāh is obligatory] on two types of money:
. gold; and
. silver.
It is obligatory when five conditions are met. [e owner must:]
Modern currency is subject to zakāh as trade goods.
§.
a. be a Muslim; on , four. On camels, there is one bint makhāḍ; on , one bint
b. be free; labūn; on , one ḥiqqah; on , one jadhʿah; , two bint labūn; ,
c. possess complete ownership; two ḥiqqah; and , three bint labūn.
d. possess the minimal amount; and From thereon, for every there is one bint labūn and for every
e. [possess it for one] year. , one ḥiqqah.
.. Agriculture .
Zakāh from agriculture is obligatory when [the crops fulfill] three e minimum number of cows is , on which [the obligatory zakāh]
conditions. e crops must be: is one tabīʿ; on , there is one musinnah.
a. sown by humans; Other cases are calculated similarly.
b. staple food crops; and
c. [at least] the minimum amount: awsuq [. kg or . lbs], .
devoid of the [outer] husk [or shell].
e minimum number of sheep and goats is , on which [the oblig-
atory zakāh] is one shāh jadhaʿah sheep or one thaniyyah goat; on
.. Fruit
, there are two shāh; on , three; on , four. Aer that, on
Zakāh is obligatory on two types of fruits: every [multiple of] , one shāh.
. dates; and
. grapes. .
Zakāh is obligatory on [fruits] when four conditions are met. Mixed flocks extract the zakāh of a single flock provided seven con-
[e owner must:] ditions are met:
a. be a Muslim; a. the livestock bed in the same place at night;
b. be free; b. they gather in the same place before being taken to drink;
c. have complete ownership; and c. the pasture is the same;
d. possess the minimum amount. d. the stud is the same;
e. what they drink is the same;
.. Trade Goods f. they are milked by the same person; and
g. the place of milking is the same.
Zakāh is obligatory on trade goods according to the conditions men-
tioned for money.
A bint makhāḍ is a one-year-old female camel; a bint labūn is a two-year-old female
camel; an ibn labūn is a two-year-old male camel; a ḥiqqah is a three-year-old
. female camel; and a jadhʿah is a four-year-old female camel.
So, for camels, ḥiqqah and bint labūn are owed; for camels, ḥiqqah
e minimum number of camels is , on which [the obligatory za- are owed; and for camels, either ḥiqqah or bint labūn are owed.
kāh] is shāh. On camels, there are two shāh; on , three shāh; A tabīʿ is a one-year-old cow; a musinnah is a two-year-old cow.
So, for cows, musinnah or tabīʿ are owed.
e word shāh applies to both a one-year-old sheep (shāh jadhaʿah) and a two- So, for sheep, shāh are owed.
year-old goat (thaniyyah). e strongest opinion is that this is not a requirement.
§.
. One gives zakāh for oneself and all Muslims one is required to
support. [e amount is] one ṣaʿ [. liters] of the stored staple
e minimum amount for gold is mithqāl [. grams or . troy
foods of the region; its amount equals / Iraqi riṭl.
ounces of -caret gold], on which there is [a zakāh of] . (a half
mithqāl); anything above this is calculated according to the same pro-
.
portion.
e minimum amount for silver is dirham [. grams or Zakāh is given to the eight categories that Allāh Most High men-
. troy ounces of pure silver], on which there is [a zakāh of] . tioned in His mighty book, where He Most High said:
(five dirham) and anything above this is calculated according to the
same proportion. e alms are only for the poor and the needy, and those who
Zakāh is not obligatory on lawful jewelry. collect them, and those whose hearts are to be reconciled, and
to free the captives and the debtors, and for the cause of Allāh,
. and (for) the wayfarers...
e minimum amount for agriculture and fruit is awsuq (, One does not give to less than three recipients from each category
Iraqi riṭl) [. kg or . lbs] and anything additional is cal- when they exist—except for zakāh workers.
culated according to this proportion.
A zakāh of is owed if the crop was irrigated through rain or .. Impermissible Recipients
flooding. If it was irrigated by buckets or by conveying water from It is not permissible to give zakāh to five types of people:
one place to another, then it is half [i.e., ]. . someone who is self-sufficient due to wealth or work;
. slaves;
. . descendants of Banī Hāshim or Banī al-Muṭṭalib;
e value of trade goods is appraised at the end of the year based . non-Muslims; and
on the currency with which the goods were purchased; [a zakāh of] . whoever the zakāh giver is required to support: zakāh is not
. is taken from its value. given to them under the category of the poor and impover-
[A zakāh of] . is taken from gold and silver ore immediately ished.
[aer separating the ore from the dirt].
[A zakāh of] is taken from [gold and silver] treasure.
. -
Zakāt al-Fiṭr is obligatory when three [conditions are met]:
a. the person is a Muslim;
b. the sun has set on the last day of Ramadan; and
c. on that day [the person paying it] has provisions in excess of
the his own needs and the needs of his dependents. Qur’ān, :
According to the most obvious reading, the pronoun ‘them’ is limited to this final
category. See al-Jāwī p. , al-Bājūrī : , and al-Sharbīnī p. .
§.
.
ere are three recommended actions of fasting. [One should:]
FASTING
. hasten to break the fast;
. delay the [pre-dawn] meal prior to fasting; and
. avoid repulsive speech.
. It is unlawful to fast on five days:
. the two ʿEids;
Fasting [the month of Ramaḍān] is obligatory when four conditions . the three Days of Tashrīq [the three days immediately aer
are met. [When the person is:] ʿEid al-Adḥā].
a. a Muslim; It is offensive to fast the Day of Doubt [yaum al-shakk], unless
b. mature; fasting it coincides with an individual’s habitual fast.
c. of sound mind; and
d. able to fast. .
. Anyone who has intentional vaginal intercourse in the daytime dur-
ing Ramaḍān must make up the fast-day and perform an expiation.
ere are four obligatory actions of fasting: e expiation is emancipating a Muslim slave. If a slave is not found,
a. intention; and one fasts consecutively for two months. If one is unable to do this,
b-d. abstaining from: eating and drinking, intercourse and in- he feeds of the poor, giving each one mudd [. liters] of food.
ducing vomit. If someone dies while still owing fast-days from Ramaḍān, one
mudd [. liters] of food for each fast-day missed is given on his
. behalf.
e fast is invalidated if any of the following ten things occur: Someone who is elderly and unable to fast gives one mudd [.
-. anything intentionally reaching a [body] cavity [including liters] of food for each fast-day missed.
the brain, chest and abdomen], or the head; When a woman who is pregnant or nursing fears for herself, she
. insertion of something into the anus, urethra or vagina; breaks her fast and must make up the fast-day. If she fears for the
. intentional vomiting; child [only], she must make up the fast-day and offer an expiation
. intentional intercourse; for each day missed. e expiation is / Iraqi mudd.
. ejaculation resulting from skin contact; Someone who is ill or making a long journey is not required to
. menstruation;
. postnatal bleeding; Al-Khaṭīb says that the author’s intention is speech in general [Ar. hajr], not just
repulsive speech [Ar. hujr].
. insanity; and e Day of Doubt is the th of Shaʿbān when the previous night was cloudy and
. apostasy [May Allāh protect us!]. no one reported sighting the new moon; or people speak about it being seen but
the witnesses do not meet the necessary conditions for giving testimony.
is applies to substances introduced to the body through the openings of the e expiation is given to the poor and impoverished, but not to the other recipients
mouth, nostrils, ears and genitals. It does not apply to substances introduced of zakāh.
through the eyes or absorbed through the skin. See §.., p. .
fast, but must make up the fast-days.
. PILGRIMAGE
Spiritual retreat [iʿtikāf ] is a recommended sunnah. It has two con-
ditions. [One must:]
a. make intention; and
b. remain in the mosque. .
One does not prematurely exit a spiritual retreat one has vowed to ere are seven conditions obligating Ḥajj. [One must:]
make except for the sake of human need [e.g., going to the lavatory], a. be Muslim;
or an excuse (such as menstruation or sickness) which prevents one b. be mature;
from remaining in the mosque. c. be sane;
Intercourse invalidates a spiritual retreat. d. be free;
e. possess excess provisions and a means of transportation;
f. have safe passage; and
g. be able to travel.
.
ere are four integrals of Ḥajj. [One must:]
a. enter the state of iḥrām accompanied by intention;
b. stand on [the plain of] ʿArafah;
c. circumambulate the House [seven times]; and
d. traverse between Ṣafā and Marwā [seven times].
. ʿ
ere are three integrals of ʿUmrah. [One must:]
a. enter the state of iḥrām [with intention];
b. circumambulate the House and traverse [between Ṣafā and
Marwā]; and
c. shave or trim the hair (according to one of two opinions).
According to the most reliable opinion, shaving or trimming the hair is a fih
integral.
e opinion listed in the book is the preponderant opinion.
§.
. None of the above invalidate Ḥajj except for intercourse. Invali-
dating Ḥajj does not release one from the state of iḥrām.
ere are three obligatory actions during Ḥajj other than the inte-
grals. [One must:]
.
a. enter iḥrām at the proper place and time [mīqāt];
b. throw stones at the three pillars; and Someone who omits:
c. shave the head. . standing on ʿArafah: is released from performing Ḥajj by per-
forming ʿUmrah [instead]. Such a person must perform a
. make-up Ḥajj and slaughter a hady.
. an integral: is not released from his iḥrām until he performs
Seven actions are recommended during Ḥajj. [One should:]
it.
. perform Ḥajj before ʿUmrah [ifrād];
. an obligatory action: must offer a sacrifice.
. say labayk Allāh ummma labayk...;
. a recommended action: is not required to do anything on ac-
. perform the Arrival Circumambulation;
count of its omission.
. stay the night at Muzdalifah;
. perform the two-rakʿat Circumambulation Prayer;
.
. stay the night at Minā; and
. perform the Farewell Circumambulation. ere are five types of obligatory blood sacrifice during Ḥajj:
Men divest themselves of stitched garments upon entering iḥrām, a. For omitting one of the [obligatory, non-integral] rites: it is ac-
and wear a white waist-wrapper and mantle. cording to [the following] order:
. a shah;
. . if one is not found, then fasting ten days: three during
Ten things are unlawful to a person in the state of iḥrām. [One must Ḥajj and seven when one returns to one’s family;
not:] b. For shaving and [use of] luxuries: one must choose one of the
. wear stitched garments [if male]; following:
. cover the head if male, or the face if female; . a shah;
-. apply oil to or remove hair; . fasting three days; or
. pare one’s nails; . giving three ṣāʿ [of food; . liters] in charity, distributed
. use perfume; among six of the poor.
. kill a game animal; c. For being held back [from completion]: one is released from
. contract a marriage; Ḥajj and required to sacrifice one shāh.
. have intercourse; nor d. For killing a game animal:
. engage in sexual foreplay. . If there exists a game animal similar [to the one killed],
then one has the choice of:
ere is an expiation [fidyah] for each of the above, except for
i. giving a camel, cow, goat or sheep [when it is] anal-
contracting a marriage—which [simply] is not valid.
ogous; or
is is an integral, not obligatory. Luxuries include using perfume and applying oil to the hair.
ii. appraising its value and buying food of the same
value that is given as charity; or
iii. fasting one day for each mudd [. liters][of food SELLING & OTHER TRANSACTIONS
that the amount would have purchased].
. If a similar game animal does not exist, then one:
i. gives its value in charity; or
ii. fasts one day for each mudd [. liters] of food .
[that the amount would have purchased].
e. For intercourse: it is according to [the following] order [and Selling is three types of transactions.
only the male must make the expiation]: . Selling an item that is seen first hand: it is permissible.
. [One gives] a male or female camel. . Selling something based on guaranteed attributes: it is per-
. If one cannot be found, one gives a cow. missible if the item’s attributes are found to be as described.
. If one cannot be found, one gives seven sheep or goats. . Selling an item that is not present and not seen first hand: it is
. If sheep cannot be found, then the value of a camel suit- not permissible.
able for sacrifice is appraised and one uses the value to
buy food which one gives in charity. It is permissible to sell all items that are:
. If one does not find this, then one fasts one day for each a. pure;
. liters of food [the amount would have purchased]. b. useful; and
c. fully-owned.
Giving food and performing a[n expiatory] sacrifice suffice only
when given in the Sacred Precinct. It suffices to fast wherever one It is not valid to sell an item that is:
wishes. a. filthy; or
It is not permissible to kill game within the Sacred Precinct, nor b. useless.
to cut its trees. is [ruling] is the same whether or not one is in the
state of iḥrām. .
[Transactions involving] gold, silver and foodstuffs may incur un-
lawful gain.
It is not permissible to buy gold for gold, nor silver for silver, un-
less the quantities are equal and it is paid for on the spot [naqdan].
It is not permissible to sell something one has purchased until
taking possession of it.
It is not permissible to sell meat for a [live] animal.
It is permissible to buy gold for silver where the quantities differ,
as long as it is paid for on the spot.
When the word “permissible” is associated with contracts, it indicates validity.
See §., p. . When it is associated with actions, it indicates lawfulness.
§.
It is the same with foodstuffs: it is not permissible to sell some- e. from something specific.
thing of the same type and kind, unless it is for the same quantity and
paid for on the spot.
It is permissible to sell foodstuffs of one type and quality for an- Aer that, the goods bought must meet the following eight con-
other quality where there is a difference in quantity, as long as it is ditions in order for the transaction to be valid:
paid for on the spot. a. once its type and kind have been mentioned, the attributes
It is not to permissible to engage in transactions based on risk. that change its price are described;
b. its measure [i.e., dimensions, weight, etc.] is mentioned in a
. way that removes all ignorance;
c. if [the delivery] is deferred, the due date is mentioned;
e transactors are entitled to choose [to rescind the sale] as long as
d. the goods are usually available at the time the transaction be-
they have not parted company.
comes due;
ey are both entitled to stipulate to rescind the sale for up to
e. the place of delivery is mentioned;
three days.
f. the price is known;
If the sold item is found to be defective, the buyer is entitled to
g. the deal becomes final [and the capital is paid] before the trans-
return it.
actors part company; and
h. the deal is final, without any stipulation to rescind.
.
It is not permissible to sell fruit unconditionally, except aer ripeness .
becomes apparent.
Anything that can be sold can be offered as collateral for loans once
It is not permissible to sell something wherein unlawful gain ex-
the loan has become irrevocably established as a personal debt.
ists when it is wet, except for dairy products [e.g., milk, yogurt, but-
e one offering collateral may void the transaction as long as the
termilk, and sour milk].
other party has not taken possession of the item.
e one holding the collateral is not liable for damages except for
.
transgression [al-taʿaddi]. If he takes possession of some of what is
It is permissible to order goods [salam], [deliverable] immediately or due, none of the collateral is released until all of the debt is settled.
deferred, provided the goods fulfill five conditions:
a. its attributes are defined; .
b. it is a single type, not mixed with others;
Six [types of] people are suspended from transactions. [One who is:]
c. it is not transformed by artificial heat;
. still a youth;
d. it is not a specific item; nor
. insane;
. a spendthri;
An item is defective when it has a flaw that reduces the item’s value or hinders an . insolvent;
intended use, and the item is typically free of such a flaw.
It is permissible to sell unripe fruit still on the tree if its immediate harvest is stip-
. [terminally] ill and close to death: in any transaction exceed-
ulated. ing one-third of their estate; and
is is when one is selling it for an item of the same type. . a slave who has not been given permission to engage in trade.
§.
e transactions of a youth, someone insane or a spendthri are A owes him. In such a scenario, A is the muḥāl ʿalayhi, B the muḥīl,
invalid. and C the muḥtāl.] e conditions for assigning debt are four:
e transactions of a spendthri are valid as personal debt, but a. B’s consent;
not against his personal effects [including money]. b. C’s approval;
e transactions of someone ill or close to death in excess of one- c. the amount owed has become [irrevocably] established; and
third of the estate are suspended pending the heirs’ consent aer his d. the amount owed by A and B agree in:
death. . type and kind, and
e transactions of a slave are his personal debt [dhimma] and . being due now, or in the future [at the same time].
follow him when he is freed. By doing this, B’s debt [to C] becomes absolved [and A’s debt to
B becomes A’s debt to C].
.
Reconciliation is permissible when there is an admission concern- .
ing property and what has the potential to convert into property. It is permissible to guarantee payment of debts that have the poten-
Reconciliation is of two types: tial to become irrevocably established, if the amount is known. e
. Absolution [ibrā’:] it is reducing the debt; it is not permissible person owed is entitled to seek payment from the guarantor and the
to make absolution contingent upon a condition. one for whom he guarantees, if the debt is as we have clarified. If the
. Compensation [muʿāwaḍa:] it is accepting something else in guarantor pays, he seeks reimbursement from the one for whom he
place of what is owed. It is subject to the rulings concerning guaranteed if the guarantee and payment was with his permission.
transactions. It is not permissible to guarantee something that is not specified
or not yet due, except guaranteeing that a sale item is legitimate.
.. Property Issues
It is permissible for a person to begin construction of a balcony [raw- .
shan] over a non-dead-end alley, provided it does not hamper traffic. It is permissible to guarantee [another’s] physical presence if the one
It is not permissible to do so over a dead-end alley, except with per- whose presence is being guaranteed owes something to another per-
mission from those who share its usage. son.
It is permissible to move one’s door closer to the beginning of a
dead-end alley that is shared with others; it is not permissible to move .
it deeper into the alley without permission from the others who share
the alley. ere are five conditions for a partnership:
a. the capital is based on gold or silver currency;
. b. the capital agrees in type and quality;
[At the start of this transaction, we have A, B and C. A owes B, and is includes crimes such as murder and accusations of illicit sex; but not the,
B owes C. B removes himself by giving C the right to collect the debt drinking intoxicants and fornication. See §., p. .
Stronger opinions within the school indicate that any form of capital is valid pro-
See §., p. . vided it meets the requirements for ordering goods. See al-Sharbīnī p. , al-Jāwī
An example of the latter includes claims for personal injuries. p. , and al-Bājūrī :.
§.
c. the capital is mixed together; It is not valid to retract one’s admission concerning rights owed
d. each partner allows the other to engage in transactions; and human beings.
e. profit and loss are commensurate with each partner’s contri-
bution. .. Conditions
Each partner is entitled to dissolve the partnership at will. ree [characteristics] are necessary in order for the admission to be
If one of the partners dies, the partnership is void. valid. [e one making the admission must be:]
a. mature;
. b. of sound mind; and
It is permissible to: c. free from coercion.
. commission an agent to perform on one’s behalf, and If it concerns property, then a fourth condition is considered. [e
. be commissioned as an agent to perform on another’s behalf, one making the declaration must be:]
any transaction that one is permitted to engage in. d. rational.
e commission is a revocable contract: each party is entitled to If one admits to something unspecified, he is asked for clarifica-
rescind it at will. It is voided upon the death of either party. tion.
e commissioned agent is considered reliable enough to take It is valid to exclude things from the admission, provided the
possession and engage in transactions. He is not liable for damages, [phrase used for the] exclusion is connected [to the admission].
except due to negligence. It is the same whether the person making the admission is in
It is not permissible [for the commissioned agent] to buy and sell good health or sick.
except under three conditions. [e agent must:]
a. buy at the typical price; .
b-c. purchase with immediate payment – not on credit; and [that
it be] the local currency. It is permissible to lend anything that can be benefitted from as long
as the item itself is not consumed, and as long as the benefit is a ser-
e commissioned agent may not purchase from himself, nor vice.
make an admission against the one who appointed him [in arguing It is permissible to lend something without restriction; it is [also]
a claim] except with his permission. permissible to restrict its duration.
e borrower is liable for it. [e amount owed is] based on the
. value [not price] the day the item was destroyed [not the day it was
Admissions concern two types [of rights]: lent].
. rights owed to Allāh Most High, and
. rights owed to human beings. . -
It is valid to retract one’s admission concerning rights owed Allāh Whoever wrongfully takes property is required to return the prop-
Most High. erty with compensation for damages and its rental value [for the du-
ration it was taken].
It is not valid to do so, even with permission. See al-Bājūrī :. If the property is destroyed, one replaces it with an identical item
See §., p. . if one exists. [Otherwise,] one is liable for its maximum value [not
§.
price] from the time it was taken until the day it was destroyed. .
Watering crops for a stipulated portion of the crops is valid for dates
.
and grapes. It has two conditions:
Preemption is an intrinsic right when: a. the specification of a known duration; and
a. there is joint ownership (but not in neighboring properties); b. the specification of a known portion of the crops for the worker.
b. in things that retain their original utility when divided (not in
things that do not); With respect to watering crops, work falls under two categories:
c. in things that cannot be transported, such as real estate and . work, the benefit of which returns to the crops: it is required
others; and from the worker; and
d. for the agreed upon sale price. . work, the benefit of which returns to the land: it is required
Preemption must be declared immediately. It is void when one from the owner.
delays even though one is able to preempt.
If one marries a woman [and her agreed upon marriage payment .
is] a parcel of land that a co-owner preempts, the co-owner must pay
It is permissible to rent items from which benefit is derived, provided
her the amount similar women receive.
the item is not consumed, and provided the benefit is specified by
If preemption is opted for by a group, the entitlement of each is
either:
in proportion to their ownership.
. duration; or
. work to be performed.
. -
Wages are due in advance unless they are stipulated to be deferred.
Financing profit-sharing ventures is permissible under four condi- e contract is not nullified by the death of one of the parties.
tions: It is voided if the rented item is destroyed.
a. the contract is based on gold or silver currency; e renter is not liable unless there is a transgression.
b. the financier permits the worker to engage in trade that is un-
restricted or restricted to things typically available; .
c. the financier stipulates for the worker a known portion of the
Wages are permissible. [For example,] wages are stipulating that who-
profit; and
ever returns one’s missing property will be given a specific reward.
d. the contract is not limited to a fixed duration.
Whoever returns the property deserves the stipulated reward.
e worker is not liable, except when there is transgression.
If there is both profit and loss, the loss is compensated by the .
profits. Sharecropping is not permissible when [a property owner] presents
land to a person to cultivate and stipulates a known portion of its
crops [as rent].
Given A, B, and C, where A owns /, B /, and C /: if A sells and B and C pre-
It is permissible if the owner rents out the land for gold or silver,
empt, B will end up with / of the total property, and C /. Both before and aer or stipulates a known amount of food which becomes a personal debt
preemption, B owns twice that of C. that the tenant owes.
§.
. e gi does not become binding until the recipient takes posses-
sion of it. Once the recipient takes possession, the one who offered it
It is permissible to revive abandoned lands provided two conditions
cannot renege, except in the case of a father taking back a gi from
are met:
his son.
a. the one reviving it is a Muslim; and
If someone gives someone something for as long as he lives, or
b. the land is free of buildings [even if run down], and it has not
says “If I die first, this is yours,” it belongs to the person addressed or
been owned by a Muslim.
his heirs aer him.
Reviving lands takes place by doing whatever is typically needed
to build up the abandoned land. .
.. Water Rights If one finds a lost item in uninhabited lands or on a path, one may
take it or leave it. Taking it is better than leaving it if one is sure that
One is obliged to give water [if requested] provided three conditions one is trustworthy enough to take care of it.
are met: If one takes the item, one must know six things about the item.
a. the water is in excess of one’s own needs [including the needs [One must know the item’s:]
of oneself, one’s dependents, animals and crops]; a. exterior;
b. [an individual needs it] for himself or his livestock; and b. cover;
c. it is located in its well or spring. c. stitching;
d. type;
. e. quantity; and
f. weight.
An endowment is permissible provided three conditions are met:
a. it is something that can be benefitted from without being con- It must be safe-guarded in a place typical for its protection.
sumed [and the benefit is lawful]; If one wants to assume ownership of the item, one must publicize
b. initial recipients exist, and that the future recipients be per- the item for one year. [One does so] on the doors of the mosques
petual; [but not inside], and in the vicinity in which the item was found. If
c. it is not something unlawful. its owner is not found, one is entitled to assume ownership provided
e endowment must comply with the endower’s conditions, in- one guarantees the item [should the owner later appear].
cluding: Found items are of four types:
. making some recipients eligible before others; and . non-perishable items: the ruling is as mentioned above.
. giving recipients equal or unequal portions. . perishable items, such as foodstuffs and ripe [but not yet dried]
dates: one chooses between eating the item and paying its
. price, or selling the item and saving the money [for its owner].
. items that can be preserved with treatment, such as ripe dates:
Everything that is permissible to sell is permissible to offer as a gi. one does whatever is in the best interest [of the owner]. is
includes selling the item and saving the money, or drying the
e preponderant ruling is that it is valid even if the future recipients are not de- item and keeping it in storage.
fined. In such a case, it will go to the nearest blood relatives. . items that require upkeep [and maintenance] like animals: these
items are of two types:
i. Animals that do not fend for themselves: one chooses
between: INHERITANCE & BEQUESTS
. eating the animal and paying its price;
. not eating it and voluntarily taking care of it; and
. selling it and saving the money.
ii. Animals that fend for themselves: if one finds such an .
animal in the desert, it is le alone. If one finds it in
inhabited areas, one chooses between the three options .. Male Inheritors
mentioned above.
ere are ten males who inherit:
. a son;
.
. a son’s son, however low;
If one finds an abandoned child in the middle of the street, taking . the father;
the child in, raising him and looking aer him are community obli- . the father’s father, however high;
gations. . a brother;
e child is not le in the charge of anyone except someone who . a brother’s son, however low;
is trustworthy. . a paternal uncle;
If property is found with the child, the judge uses it to pay for the . a paternal uncle’s son, however low;
child’s expenses. If no property is found with the child, the Muslim . the husband; and
Common Fund [bayt al-māl] pays for his expenses. . a male who freed the deceased.
. .. Female Inheritors
A deposit put up for safekeeping is a trust [amāna]. It is recom- ere are seven females who inherit:
mended for someone who will uphold the trust to accept it. [e . a daughter;
depositee] is not held liable, except when there is transgression. . a son’s daughter;
e depositee’s word is accepted concerning returning the prop- . the mother;
erty to the depositor. . a grandmother, however high;
e depositee must safeguard the property in the manner typical . a sister;
for the property. . a wife; and
e depositee is liable for damages if the depositor requests the . a female who freed the deceased.
deposit’s return and he delays—even though able to do so—until it
has been destroyed. .. People Who Always Inherit
Five inheritors are never omitted:
e preponderant opinion is that the first option does not typically apply in in- . the husband;
habited areas. See al-Jāwī p. . . the wife;
§.
. the father; . one-quarter;
. the mother; and . one-eighth;
. an immediate descendant. . two-thirds;
. one-third; and
.. People Who Never Inherit . one-sixth.
Seven never inherit in any circumstance:
.. One-Half
. slaves;
. a slave who will be freed upon his master’s death; One-half is the obligatory share for five:
. a female slave who has borne a child for her master; . a daughter;
. a slave who is purchasing his freedom; . a son’s daughter;
. the murderer [who killed the deceased]; . a full sister;
. an apostate; and . a consanguine sister; and
. members of other religions. . the husband, when no children are present.
.. Universal Inheritors .. One-Quarter
Universal inheritors [ʿaṣabāt] are [ranked in the following order]: One-quarter is the obligatory share for two:
. a son; . the husband when there is an immediate descendant or a son’s
. a son’s son; descendant; and
. the father; . one or more wives, provided an immediate descendant or a
. the father’s father; son’s descendant is not present.
. a full brother;
. a consanguine brother; .. One-Eighth
. a full brother’s son;
. a son of a consanguine brother; One-eighth is the obligatory share for one or more wives, provided
. a paternal uncle (following the above order); and an immediate child or a son’s descendant is present.
. a paternal uncle’s son.
If all of the above are absent, the person who freed the deceased is .. Two-irds
the universal inheritor [even if female]. Two-thirds is the obligatory share for four:
. two [or more] daughters;
. . two [or more] daughters of a direct son;
Six shares are mentioned in the Qur’ān: . two [or more] full sisters; and
. one-half; . two [or more] consanguine sisters.
Also known as an agnate inheritor. .. One-ird
e term “consanguine” indicates a half-sibling from the same father but a different
mother. One-third is the obligatory share for two:
§.
. the mother, provided she is not [partially] inhibited; .. Brothers and Sisters
. two or more uterine siblings.
Brothers who [partially] inhibit [the inheritance of] their sisters are
.. One-Sixth four:
. a son;
One-sixth is the obligatory share for seven: . a son’s son;
. the mother, if an immediate descendant, a son’s descendant, . a full brother; and
or two or more siblings are present; . a consanguine brother.
. the paternal grandmother, provided the mother is not present; Brothers who inherit while their sisters do not, are four:
. the son’s daughter, provided an immediate daughter is present; . paternal uncles;
. the consanguine sister, provided the full sister is present; . sons of paternal uncles;
. the father, provided an immediate descendant or son’s de- . sons of full brothers; and
scendant is present; . universal inheritors of one who freed a slave.
. the paternal grandfather, if the father is absent; and
. the mother’s child, if the child has no siblings. .
.. Testamentary Bequests
.. Omissions
It is permissible to bequeath something whether specified or not, cur-
e mother’s presence causes the grandmother to be omitted. rently existing or not.
e father’s presence causes the grandfather to be omitted. Testamentary bequests are only permissible when their total is
e mother’s child is omitted in the presence of [one of] four: less than or equal to one-third of the estate. [e validity of] bequests
. a son; exceeding [one-third] is dependent upon consent of the deceased’s
. a son’s son; heirs.
. the father; or It is not permissible to bequeath something to one of the heirs
. the [paternal] grandfather. unless the other heirs permit it.
Bequests are valid from anyone who is mature and of sound mind,
e full brother is omitted in the presence of [one of] three: to anyone who can own property, or for the sake of Allāh Most High.
. a son;
. a son’s son; or .. Executors
. the father.
It is valid to appoint someone executor if he possesses the following
e father’s son is omitted by those three, and by the presence of five qualities. [One must be:]
a full brother. a. a Muslim;
In both this and the previous paragraph, heirs refers to anyone whose inheritance
was not itself through a bequest.
e term “uterine” indicates a half-sibling from the same mother but a different e sound opinion is that it is valid for a non-Muslim resident of the Islāmic state to
father. appoint another non-Muslim resident of the Islāmic state as an executor, provided
b. mature;
c. of sound mind;
d. free; and MARRIAGE & DIVORCE
e. trustworthy.
.
Marriage is recommended for anyone who needs it.
It is permissible for a free man to marry [up to] four free wives,
and for a slave to marry two.
A free man does not marry a slave except under two conditions:
a. lack of a free woman’s marriage payment; and
b. fear of fornication.
.
ere are seven cases of a man looking at a woman. Looking:
. at a unrelated woman without need: it is impermissible;
. at his wife or slave girl: it is permissible to look at everything
other than the genitals;
. at close relatives or his married slave girl: it is permissible to
look at everything other than the area between the navel and
the knees;
. for the purpose of marriage: it is permissible to look at the face
and hands;
. for the sake of medical treatment: it is permissible to look to
the extent needed;
. for the sake of testimony or trade: it is permissible to look at
the face, specifically; and
. at a slave girl when buying her: it is permissible to look at the
ere are two other conditions: (c) that he not own a female slave who is a Muslim
or from the People of the Book who is lawful for him to have sex with; and (d) that
the slave he marries is a Muslim, since it is not permissible for a Muslim to marry
a slave who is from the People of the Book.
In most cases, these rulings similarly apply to women looking at men.
e soundest opinion is that it is permissible to look at the genitals, though it is
that the appointed person is considered upright according to their religion. offensive.
§.
areas that need to be inspected. en [in the absence of all others], a judge.
. .. Engagement
A marriage contract is invalid without the presence of the bride’s It is not permissible to explicitly propose to a woman during her wait-
guardian and two upright witnesses. ing period. It is permissible to allude [to the proposal] and to [then]
marry her aer her [irrevocable] waiting period expires.
.. Conditions for the Bride’s Guardian and Witnesses
.. Compelling Women to Marry
e bride’s guardian and witnesses must meet six conditions. [Each
must be:] Women are in two categories:
a. Muslim; . virgins; and
b. mature; . non-virgins.
c. of sound mind; It is permissible for the father or paternal grandfather to compel
d. free; a non-virgin to marry.
e. male; and It is not permissible for them to marry off a non-virgin until she
f. upright. is mature and expresses her consent.
e condition of being Muslim is not required from the bride’s guardian
when the bride is a non-Muslim resident of the Islamic State. Nor .. Unmarriageable Women
does the owner of a female slave need to be upright [to be her guardian].
ere are fourteen women who are unlawful to marry according to
.. e Bride’s Guardians textual evidence.
Seven are [unlawful as] a result of kinship. ey are:
Rightful guardianship [for the marriage contract] is determined ac- . one’s mother and her ancestors;
cording to the following order: . one’s daughters and their descendants;
. the father; . one’s sisters;
. the paternal grandfather; . one’s maternal aunts;
. a full brother; . one’s paternal aunts;
. a consanguine brother; . the daughters of one’s brother; and
. a full brother’s son; . the daughters of one’s sister.
. a consanguine brother’s son;
Two are [unlawful as] a result of nursing:
. a paternal uncle; and
. the mother-through-nursing; and
. a paternal uncle’s son.
. sisters-through-nursing.
[When the bride is a former slave:] If a male universal inheritor
does not exist, then the guardian is the one who freed her, followed is is valid only when the girl is a virgin, the husband is a suitable match, and
the bride’s marriage payment is at least equal to that of similar women, and paid
by the emancipator’s universal male inheritor.
using the predominant local currency. However, it is still recommended that her
guardian marry her only aer obtaining her consent.
See §.., p. . See §., p. .
§.
Four are [unlawful as] a result of marriage: .. e Wife’s Marriage Payment
. the wife’s mother;
It is recommended to state the [amount of the] marriage payment in
. the wife’s daughter from a previous marriage when one has
the contract. If it is not stated, the contract is valid and the marriage
consummated the marriage to her mother;
payment is determined by [one of] three things [happening]:
. the wife of one’s father; and
a. the husband obligating himself to a specific amount [and she
. the wife of one’s son.
accepts];
One is [unlawful] from the perspective of joining: the wife’s sis- b. the judge obligating a specific amount; or
ter. c. the consummation of the marriage, in which case what similar
One [also] does not join between a woman and her paternal aunt, women get becomes obligatory.
nor her maternal aunt. ere is no minimum amount for the marriage payment, nor is
Whatever is unlawful with blood relatives is also unlawful with there a maximum limit.
relatives through nursing. It is permissible to marry a woman using a known utility [as the
marriage payment].
.. Spousal Defects Permitting Annulment e marriage payment is reduced by half if the husband divorces
her before consummation.
A woman can be rejected because of five defects:
. insanity; .
. leprosy;
. vitiligo; and A feast for the wedding is recommended. It is obligatory to answer
. vaginal constriction because of flesh, or the invitation, unless one has an excuse.
. because of bone.
.
A man can be rejected because of five defects: It is obligatory to give each wife an equal portion of time. e hus-
. insanity; band does not visit a wife [at night] if it is not her turn, except when
. leprosy; necessary.
. vitiligo; If he wants to travel, they draw lots and he goes with the one
. a severed penis; or whose lot is drawn.
. impotence. If he marries a new wife, he spends seven nights with her if she is
a virgin, and three if she is a non-virgin.
.. A Disobedient Wife
What is meant by “joining” is to be married to the wife and someone else concur-
rently. One cannot be married to two sisters concurrently, though one can marry If the husband suspects that the wife is being disobedient, he warns
them consecutively.
e Arabic is baraṣ. Ibn Qāsim describes this as a sickness where the skin turns her. If she refuses to desist, he ceases sleeping with her. If she persists
white and blood ceases circulating in the skin, causing the tissues to die. is is
not the same as bahaq, where the skin changes color without loss of tissue. Lack Disobedience means that she ceases performing the finite duties that Allāh has
of pigment in and of itself is not enough. made obligatory on her with respect to her husband.
§.
in being disobedient, he ceases sleeping with her and [lightly] strikes .. Sunnah and Bidʿah Divorce
her.
Her allocated portion of time and support stops being obligatory Women are in two categories with respect to divorce.
as a result of her disobedience. . ose for whom divorce can be sunnah and bidʿah: they are
women who menstruate. e sunnah is the divorce taking
. place during a period of purity in which intercourse has not
It is permissible for a husband to release his wife in exchange for a occurred. e bidʿah is the divorce taking place during men-
known item or service. rough it the woman takes sole control struation, or a period of purity in which intercourse has oc-
of herself, and the husband is not entitled to take her back without a curred.
new contract. . ose for whom there is no sunnah or bidʿah for their divorce:
Release for compensation is permissible during times of purity they are four. A woman who:
and menstruation. . is immature;
A woman who has been released for compensation cannot be di- . is menopausal;
vorced. . is pregnant; or
. has gained release through compensation prior to con-
. summation.
Divorce is of two types [with respect to the phrases used]: .. Number of Divorces
. explicit; and
. allusive. A free man possesses three divorces. A slave possesses two.
ree phrases [are explcit]: It is valid to make an exception when pronouncing a divorce pro-
. “divorce;” vided it is connected to the pronouncement.
. “separation;” and It is also valid to make divorce contingent upon [the occurrence
. “parting.” of] an attribute or condition.
Pronouncing divorce prior to the marriage does not take effect.
Explicit phrases do not require intention [in order for a divorce Divorce [initiated] from four [kinds of husbands] does not take
to take place]. effect. [When he is:]
Phrases which convey a meaning in addition to divorce are al- . immature;
lusive. Allusive phrases require intention [in order for a divorce to . insane;
occur]. . asleep; or
. coerced to do so.
She is struck for the sake of discipline, not injury. If the husband knows that strik-
ing her is pointless, it is unlawful for him to do so. If striking results in injury, he
must pay her compensation.
is type of separation counts as a single, irrevocable divorce. An additional condition is that the excepted amount not encompass the original
In English, only the first phrase (“divorce”) is necessarily explicit. e others are amount. So while “ree except for two” results in a single divorce, “ree minus
allusive. three” results in the original amount since the exception is invalid.
’ §.
. ’ poor, one mudd [. liters] to each.
It is not permissible to have intercourse with the wife until the
If the husband has divorced his wife once or twice, he may take her
expiation is made.
back as long as her waiting period has not expired. If the waiting
period expires, he can marry her with a new contract; she will return
. ’
with whatever [number of] divorces remain.
If he divorces her three times, she remains unlawful for him until If a husband charges his wife with adultery, he is subject to punish-
five conditions are met: ment for charging another with adultery unless he brings proof or
a. her waiting period from him expires; makes a public imprecation [mulāʿina] against her.
b. another man marries her; [If he chooses to make public imprecation], he says while in the
c. the [new] marriage is consummated; presence of the judge and a group, while standing on the minbar:
d. she is divorced from the new husband; and
e. her waiting period [from the new husband] expires. I bear witness to Allāh that I am truthful in charging my wife
so-and-so with fornication, and that this child is a product of
. ’ adultery and not mine.
If the husband forswears having intercourse with his wife forever or [He says this] four times. e fih time, aer the judge warns him
for a period exceeding four months, he has [indeed] forsworn her. If [of the consequences of lying], he says:
she requests [separation], he is le alone for four months. He then
...and may the curse of Allāh be upon me if I am a liar.
chooses between breaking his oath and making an expiation, or di-
vorce. If he refuses, the judge issues a divorce for him. Five rulings are associated with his public imprecation:
. he is no longer subject to punishment [for charging his wife
. ’ ’ with adultery];
Likening one’s wife to one’s mother [ẓihār] is when a man says to his . the wife becomes subject to punishment [for adultery];
wife, “To me, you are akin to my mother.” If he says this and does not . the marriage is terminated;
follow it with a divorce, he has reneged [gone against his comparison] . [paternity of] the child is negated; and
and must make an expiation. . [the two become] eternally unlawful [to one another].
She ceases being subject to punishment [for adultery] if she per-
.. e Expiation forms a counter-imprecation by saying:
e expiation is emancipating a Muslim slave free from defects which I bear witness that so-and-so is a liar in his charging me with
would prevent the slave from working and earning [a living]. adultery.
If one is not found, the husband fasts two months consecutively.
[She says this] four times. e fih time, aer the judge warns her
If he is unable [to fast the two months], he gives food to of the
[of the consequences of lying], she says:
is must be stated verbally. Intimate contact is not itself enough. ...and may the wrath of Allāh be upon me if I am a liar.
e same applies when the wife is likened to any other of his female kin. ese
rulings do not apply if the comparison was intended as praise. Standing on the minbar is recommended, not required.
§.
. .. Support and Maintenance
ere are two categories of women with respect to the waiting period: [During the waiting period,] housing and expenses are obligatory
. widows; and [for the husband to provide] to a woman who can be taken back.
. non-widows. Housing (without expenses) is obligatory [for the husband to pro-
vide] to a woman who has been irrevocably divorced, unless she is
.. Widows pregnant.
If the widow is: .. Mourning
. pregnant: her waiting period [expires] upon delivery [of the
child]; A widow must observe mourning [iḥdād], which is refraining from
. not pregnant: her waiting period is four [lunar] months and adornment and using perfume.
ten [days]. A widow and an irrevocably divorced woman must remain in the
house, except in cases of necessity.
.. Non-Widows
.
If the non-widow is:
. pregnant: her waiting period [expires] upon delivery; It is unlawful for someone assuming ownership of a slave girl to have
. not pregnant and she has menstrual periods: her waiting period intimate contact with her until making sure that she is not pregnant.
is three periods of purity [between menstruations]; If her waiting period is determined by:
. immature or menopausal: her waiting period is three [lunar] . menstruation: it is a single menstruation;
months. . months: it is just one [lunar] month;
. delivery: it is by delivery.
If the divorce occurred before the marriage was consummated,
If the master of a slave who has borne his child dies, she does
there is no waiting period.
the foregoing [to ensure that she is not pregnant] on her own. It is
based on [the times for] a slave.
.. Slaves
A slave’s waiting period based on: .
. pregnancy: is the same as that of a free woman; If a woman nurses a child with her milk, the child becomes [akin to]
. periods of purity: is two periods of purity [not three]; her [own] child under two conditions:
. months, because of death: is two [lunar] months and five nights; a. the child is less than two [lunar] years in age; and
. months, because of divorce: is one and a half [lunar] months, b. she nurses him five separate times.
though it is best if she waits for two months.
Her husband becomes [akin to] a father to him.
It is unlawful for a child-through-nursing to marry his nurse-
mother and her kin.
is is provided that it is possible that the husband is the child’s father.
is is provided that the husband is the child’s father.
is is provided that the owner is the child’s father. See §., p. .
§.
It is unlawful for the mother-through-nursing to be married to If he is unable to provide [for future] upkeep, she may [ask a judge
her son-through-nursing and his children, but not to his siblings or to] annul the marriage. She may do the same if he is unable to
ancestors. provide the marriage payment prior to consummation.
. .
It is obligatory for parents and children to support their ancestors If a man separates from his wife and they have an infant, she has
and descendants. the most right to the infant’s custody until he is seven [lunar] years
Supporting parents is obligatory under two conditions: old. e child then chooses between his parents and is presented to
. poverty combined with old age; or whomever he chooses.
. poverty combined with insanity. e conditions for custody are seven. [e custodian must be:]
Supporting children is obligatory under three conditions: a. of sound mind;
. poverty combined with immaturity; b. free;
. poverty combined with old age; or c. a Muslim;
. poverty combined with insanity. d. chaste;
e. trustworthy;
.. Slaves and Animals f. a resident; and
g. single [if the mother].
Support for one’s slaves and animals is obligatory. ey are not held Custody ceases whenever one of these conditions is absent.
responsible for work they are incapable of performing.
.. Spousal Support
It is obligatory to support one’s wife if she submits herself to him.
Its [minimum] amount [is as follows]:
If the husband is well-off : two mudd [. liters] of the predomi-
nantly stored foodstuffs of the region, whatever is typically eaten with
bread, and whatever is typically worn.
If the husband is poor: one mudd [. liters] of the predomi-
nantly stored foodstuffs, whatever is typically eaten with bread and
typically worn by the poor.
If the husband is between the two: / mudd [. liters] of the
predominantly stored foodstuffs, food eaten with bread and clothes
that are [typically worn by people of this class].
If someone such as her typically has servants, then she is provided
with a servant.
She can also choose to be patient and seek compensation for whatever expenses
Here, poverty means lack of funds or not finding work. she pays.
§.
.. Non-Fatal Personal Injuries
When the rules of reciprocal punishment are applicable between two
INJURIOUS CRIMES
individuals, they also apply to non-fatal personal injuries.
e conditions for reciprocity being obligatory for non-fatal per-
sonal injuries, in addition to the previous conditions, are two:
a. sharing the specific name [with the severed part]: the right for
. the right, the le for the le; and
ere are three types of [wrongful] killing: b. that one of the sides [of a pair] is not paralyzed.
. purely intentional; Every limb that is taken from the joint is subject to reciprocity.
. a mistake made in a deliberate injury; and Wounds are not subject to reciprocity unless the injury cleaves
. an honest mistake. flesh from the bone.
Purely intentional is when one deliberately strikes with something .
that usually kills, and does so with the intention to kill. A reciprocal ere are two types of blood indemnity:
killing is obligatory. If he is forgiven, then an augmented indemnity . augmented; and
is obligatory, due immediately from the killer’s property. . reduced.
A mistake made in a deliberate injury is when, [for example,] one .. Augmented
shoots at something, and hits a man, fatally. Here, there is no recip-
e augmented indemnity consists of camels:
rocal killing; instead, his male relatives pay a reduced indemnity over
a. ḥiqqah;
a span of three years.
b. jadhʿah; and
c. pregnant camels.
An honest mistake is when one deliberately strikes someone with
something that is not usually lethal, yet the person dies. [For this,] .. Reduced
there is no reciprocal killing; instead, an augmented indemnity is
paid over three years. e reduced indemnity consists of camels:
a. hiqqah;
.. Conditions for Reciprocal Punishment b. jadhʿah;
c. bint labūn;
d. ibn labūn; and
ere are four conditions for reciprocal killing [qiṣāṣ]: e. bint makhāḍ.
a-b. the killer is mature and of sound mind; If camels are absent, their value is used. It is also said that this is
c. the killer is not the victim’s parent [or grandparent]; and equivalent to , dīnār or , dirham; and one-third is added
d. the victim is not lesser than the killer through unbelief or slav- if the indemnity is augmented.
ery.
A group is executed for killing an individual. See §., p. .
§.
e indemnity for a mistaken killing is augmented in three con- one-tenth the mother’s value.
texts. [When one kills:]
. within the Sacred Precinct; .
. during the Sacred Months; or
If one of the victim’s survivors presents an allegation accompanied by
. one’s close kin.
corroborating evidence that convinces one that the claim is true, the
e indemnity for: survivor swears an oath times and the indemnity becomes due.
. a woman: is half that of a male; When corroborating evidence is absent, the defendant swears [that
. a Jew or Christian: is one-third that of a Muslim; the allegation is false].
. a Zoroastrian: is three-tenths that of a Muslim.
e indemnity is complete by loss of: .
. two hands;
When the killer has killed someone whose life is sacrosanct, he must
. two legs;
make an expiation by manumitting a Muslim slave who is free of de-
. the nose;
fects [which would prevent the slave from working]. If no such slave
. two ears;
is found, one fasts two months consecutively.
. two eyes;
. four eye lids;
. the tongue;
. two lips;
. speech;
. eyesight;
. hearing;
. smell;
. soundness of mind;
. the penis; and
. two testicles.
Five camels are owed for a wound that cleaves flesh from the
bone; and for each tooth.
A judgment is made for each limb that does not have a particular
use [e.g., a paralyzed limb; a man’s nipples].
e indemnity for [killing] a slave is the slave’s value.
e indemnity for causing a free woman to miscarry is a male
or female slave. e indemnity for causing a slave to miscarry is
e Sacred Months are Dhi al-Qaʿdah, Dhi al-Ḥijjah, al-Maḥarram, and Rajab.
e judgment is made by determining how much such an injury reduces a slave’s All life is sacrosanct except for non-Muslims at war with Muslims, apostates, adul-
price. terers the court has sentenced to death by lapidation and those obligatory to kill
e value of the slave must be at least one-twentieth the value of an indemnity. by military action.
§.
.. Intimate Contact
PUNISHMENTS Someone who has intimate contact other than genital penetration
is subject to a discretionary punishment [taʿzīr] that is less than the
lowest of the set punishments [ lashes].
.
.
When one accuses another person of fornication, there is an obliga-
ere are two types of fornicators:
tory punishment for the accusation if eight conditions are met.
. those who have the capacity to remain chaste;
ree conditions concern the accuser. [e accuser must:]
. those who do not.
a. be mature;
e penalty for those who have the capacity to remain chaste is b. be of sound mind; and
lapidation [until death]. c. not be a parent of the accused.
For others, the penalty is a flogging of lashes, and banishment Five conditions concern the accused. [e accused must be:]
for one year to [at least] the distance for shortening prayers. a. a Muslim;
b. mature;
.. e Capacity to Remain Chaste c. of sound mind;
d. free; and
ere are four conditions for the capacity to remain chaste [muḥsin].
e. chaste.
[One must:]
a. be mature; A free person is flogged lashes; a slave is flogged .
b. be of sound mind; e punishment for an accusation of fornication is dropped pro-
c. be free; and vided [one of] three conditions are met:
d. have had intercourse within a valid marriage. a. proof is brought;
b. the accused pardons them; or
e punishment for male and female slaves is half the punish-
c. public imprecation when made against one’s wife.
ment of non-slaves.
.
.. Sodomy and Bestiality
Anyone who drinks alcohol or liquid intoxicants is flogged lashes.
e punishment for sodomy and bestiality is the same as for fornica- At the [judge’s] discretion, it is permissible for the punishment to
tion. reach lashes.
e punishment becomes obligatory through one of two means:
Since slaves do not meet the conditions for being chaste, lapidation is never a pos- . evidence; or
sible punishment.
e active participant in sodomy is punished as stated unless it was performed with
one’s wife, in which case there is a discretionary punishment [taʿzīr]. Otherwise, See §.. (), p. .
the passive participant is given lashes and banished for one year. Someone See §., p. .
who commits bestiality is given a discretionary punishment. See §.. (), p. .
- §.
. an admission. . -
It does not become obligatory because of vomit or [the] smell [of
One is not held liable if one kills in the process of resisting harm
alcohol].
aimed at one’s person, property or those for whom one is responsible.
.
.. Animals
A burglar’s hand is amputated provided three conditions are met.
An animal’s rider is liable for what the animal destroys.
[e burglar must:]
a. be mature;
.
b. be of sound mind; and,
c. [have stolen] an item with a value that exceeds one-quarter Fighting those who rebel against the Imām is obligatory when three
dinār, [taken] from a place that affords the security typical conditions are met. [at the group:]
for safeguarding such items, and in which he does not have a. poses a true physical threat;
co-ownership nor some relationship with the owner. b. has removed themselves from obeying the Imām; and
e right hand is amputated at the wrist. If one then steals a sec- c. possesses a reasonable explanation [for disobeying the Imām].
ond time, the le foot is amputated. If one steals a third time, the le If rebels are taken as prisoners of war, they are not executed.
hand is amputated. If one steals a fourth time, the right foot is ampu- eir property is not taken as spoils of war and their wounded are
tated. If one steals aer this, one is given a discretionary punishment; not executed.
according to another opinion he is executed.
.
. An apostate is given three opportunities to repent. If he does not
ere are four types of highway robbers. repent, he is executed; he is not washed, prayed over or buried among
. If they kill but do not steal: they are executed. the Muslims.
. If they kill and steal: they are executed and crucified.
. If they steal but do not kill: their right hand and le foot are .
amputated. ere are two categories of people who omit prayer. ose who omit
. If they spread fear along the highway without stealing anything: prayer:
they are not executed, but they are imprisoned and given a . because they do not consider it obligatory: their ruling is the
discretionary punishment. same as that for apostates.
If any of them repents before being apprehended, the mandatory . out of laziness, while believing that it is obligatory: they are
amputation, execution and crucifixion are dropped, though they are given the opportunity to repent. If they do not repent and
still liable for personal injuries, the and other crimes against their perform the prayer, they are executed as punishment while
victims. their ruling is that of Muslims.
See §., p. .
One-quarter of a dinār is . grams of pure gold.
§.
.
Whoever kills [or disables] an enemy is given his personal belong-
JIHĀD
ings. Aer this [is taken care of], the spoils are distributed in five-
fihs:
. Four-fihs are given to those who participated in the battle.
Cavalry receive three shares; foot soldiers receive one.
. Shares are given only to those who fulfill five conditions. [e
ere are seven conditions obligating jihād. [e person must be:] recipient must be:]
a. a Muslim; a. a Muslim;
b. mature; b. mature;
c. of sound mind; c. of sound mind;
d. free; d. free; and
e. male; e. male.
f. healthy; and If one of these conditions is missing, the person is given a reward
g. able to fight. at the Imām’s discretion.
. One-fih is divided into five shares:
.. Prisoners a. one for the Prophet ; aer him , it is distributed for the
public welfare;
ere are two types of captured disbelievers: b. one for the relatives of the Prophet from Banī Hāshim and
. Automatically enslaved by capture: they are females and young Banī al-Muṭṭalib;
males. c. one for orphans;
. Not automatically enslaved by capture: they are mature males. e d. one for the poor; and
Imām chooses whichever of four things is best [for the commu- e. one for wayfarers.
nity]:
a. execution; . ’
b. slavery;
c. freeing them; or e fay’ is divided into five parts:
d. ransoming them for money or captives. . one-fih is given to those who receive one-fih from the spoils
of war; and
Whoever enters Islām before capture, his property, life and young -. four-fihs are given for [the needs of] soldiers and for the
children are protected. public welfare.
A child is judged to be Muslim when [one of] three causes [ex-
ists]: . -
. one of the parents [or grandparents] enters Islām;
. a Muslim takes the child captive independently of the parents; ere are five conditions which make the jizyah obligatory. [e per-
or son paying it must be:]
. the child is found within Muslim lands. Two shares are for the horse’s owner; one for the rider.
a.mature;
b.of sound mind;
c.free; HUNTING & SLAUGHTERING
d.male;
e.a member of the People of the Book or those who have some-
thing that could be revelation.
e minimum amount for the jizyah is one dīnār [. grams of .
pure gold] yearly; two dīnārs are taken from the “middle class;” and
four from the affluent. When possible, an animal is slaughtered by cutting its throat or at the
It is permissible to stipulate that they accommodate travelers in base of the neck.
addition to the jizyah. An animal which it is not possible to slaughter [as mentioned
above], is slaughtered by wounding it however one can [until it dies].
.. e Jizyah Contract e complete [way of] slaughtering is to cut four things:
. the throat;
e jizyah contract consists of four things. [e Non-Muslim resi- . the esophagus; and
dents must:] -. both jugular veins.
a. pay the jizyah;
b. comply with Islamic Law; What suffices is [cutting] two things:
c. mention only good things about Islām; and a. the throat; and
d. not do anything that harms Muslims. b. the esophagus.
[Non-Muslim residents] are identified by wearing distinctive cloth- .. Hunting
ing and a [colored] sash, and they are prevented from riding horses.
It is permissible to hunt using all types of trained, predatory land
animals and predatory birds.
ere are four conditions for the animal being trained:
a. when it is sent, it goes;
b. when it is told to stop, it stops;
c. if it kills the prey, it eats nothing from it; and
d. it does the above repeatedly.
If one of the above conditions is missing, its prey is not permis-
sible [to eat], unless it is still alive [when the human takes it] and it is
slaughtered.
A condition for something that could be revelation is that it predates Islām.
.. e Implement
e amounts are approximately , , and .
ey are required to avoid things both religions consider unlawful, including the, It is permissible to slaughter using any implement that draws blood,
murder and fornication. except for teeth and fingernails.
§.
.. Various Rulings .
Offering an animal sacrifice [aḍḥiyah] is an emphasized sunnah.
Animals slaughtered by all Muslims and People of the Book are law-
e following suffice [for sacrifices]:
ful. Slaughtering performed by Majūs and idolaters is unlawful.
. a one-year old male sheep;
An unborn animal is slaughtered by slaughtering its mother, un-
. a two-year-old male goat;
less it remains alive. In that case, it, too, is slaughtered.
. a five-year-old camel; and
Whatever is severed from a living animal is the same as if it came
. a two-year-old cow.
from the animal without it being [properly] slaughtered, except for
hair [from an edible animal] which can be used for bedding and One adult camel suffices for seven [individual sacrifices].
clothes. One [adult] cow suffices for seven.
One female sheep suffices for an individual.
.
.. Defective Animals
Everything edible that the Arabs [during the time of the Prophet ]
considered wholesome is lawful, except for things that the Shāriʿa e following defects render the animal insufficient as a sacrifice.
specifically declares unlawful. [When the animal:]
Everything edible that the Arabs [during the Prophet’s time ] . has obviously lost an eye;
considered disgusting is unlawful, except for those things the Shāriʿa . is obviously lame;
specifically declares lawful. . is obviously sick; or
Predatory land animals that have strong fangs used for injuring . is so sick that it is senseless.
[prey] are unlawful. An animal that is castrated or has a broken horn suffices.
Predatory birds that have strong talons used for wounding are An animal whose ear or tail has been cut does not suffice.
unlawful.
It is permissible for someone on the verge of starvation to con- .. Time
sume meat from an animal that has not been [properly] slaughtered—
e time for the sacrifice begins at the time of the ʿEid Prayer and
and is unlawful [to consume]—to the extent necessary to preserve
extends until sunset on the third day aer ʿEid al-Aḍhā.
life.
Two types of unslaughtered flesh are lawful for us:
.. Recommended Actions
. fish; and
. locusts. Five actions are recommended when slaughtering. [One should:]
. say bismillāh;
Two types of blood are lawful for us: . offer prayers upon the Prophet ;
. liver; and . face the direction of prayer;
. spleen. . say Allāhu akbar; and
. supplicate for its acceptance.
e relied-upon opinion is that the time begins when the sun rises and enough
us, something severed from a living animal is filth. time has passed to pray two rakʿat and deliver a short sermon.
e person offering the sacrifice does not eat from a sacrifice
he has sworn to perform [and thus made obligatory upon himself],
though he can eat from a voluntary sacrifice. CONTESTS & MARKSMANSHIP
No part of the sacrifice is to be sold. [e meat] is fed to the poor
and destitute.
. Racing and marksmanship contests are permissible provided the dis-
It is recommended to slaughter for a newborn on the seventh day tance and parameters for the marksmanship are defined.
aer birth. e wager is taken from one of the participants, such that if he
Two female sheep are slaughtered for a boy and one for a girl. wins he takes it back and if he loses it is taken from him.
e meat is fed to the poor and destitute. If both participants offer a wager, the contract is not permissible
until an additional non-wagering participant [muḥallil] enters [the
contest]. He takes the wager if he wins and he loses nothing if he
does not.
§.
.
A vow to perform something that is lawful, or an act of worship,
OATHS & VOWS
that has been made contingent upon some event is binding. [It is]
like saying: “If Allāh cures my sick person, I owe Allāh that I pray,”
or “...fast,” or “...give charity.”
What is required is anything given the same name [as what was
. mentioned].
An oath [yamīn] does not become binding unless it includes mention Vows for acts of disobedience are not binding, such as saying: “If
of: I murder so-and-so, I must do such-and-such.”
. Allāh Most High; Vows to abstain from [or to perform] something lawful [mubāḥ]
. one of His names; or are not binding, such as saying: “I will not eat meat, nor will I drink
. one of His attributes. milk,” and what resembles this.
Whoever vows to give his property as charity must choose be-
tween giving away all of his property, or making an expiation for
breaking an oath.
No expiation is necessary for oaths made unthinkingly.
If one swears to abstain from something, he has not broken his
oath if he performs something else.
If one swears to abstain from something, he has not broken his
oath if he orders someone else to perform it.
If one swears to avoid two things, he has not broken his oath if
he performs [just] one of them.
.
[To perform] the expiation for broken oaths, one chooses between
three options:
. manumission of a Muslim slave;
. feeding ten of the poor: giving each one . liters [mudd] of
food, or clothing each with a single article of clothing;
or, when one is incapable of the above,
is concerns lawful actions where there is some sort of natural incentive involved,
. fasting three days. such as reward. e final paragraph covers neutral actions.
§.
. eye contact.
It is not permissible for him to accept a gi from people associ-
COURTS & TESTIMONY
ated with his work.
He avoids deciding cases on ten occasions. When he:
-. is angry, hungry or thirsty;
-. feels sexual desire, sadness or joy to the extent that it causes
. negligence;
It is not permissible for one to be appointed a judge unless he has . is sick;
fulfilled fieen conditions. [e judge must:] . needs to relieve himself;
a. be a Muslim; . is drowsy; or
b. be mature; . is extremely hot or cold.
c. be of sound mind; e judge does not question the defendant until the claim is com-
d. be free; plete, and he does not have the defendant swear an oath until the
e. be male; plaintiff asks.
f. be upright; He does not help either party formulate their proof against their
g. know the rulings from the Qur’ān and Sunnah; opponent, nor does he explain how to make an allegation.
h. know scholarly consensus; He does not badger the witnesses, nor accept testimony except
i. know scholarly variance; from a witness whose uprightness has been established.
j. know the ways of independent reasoning; He does not accept an enemy testifying against his enemy, a son
k. know Arabic linguistics and philology, and explication of the testifying for his father, or a father for his son.
Qur’ān; A judge’s written ruling that is sent to another judge is not ac-
l. possess eyesight; cepted until two witnesses testify concerning its contents.
m. possess hearing;
n. possess the ability to write; and .
o. be alert.
Someone who divides [property for the court] must meet seven con-
.. Etiquette ditions. [e person must be:]
a. a Muslim;
It is recommended that the judge be situated in the middle of the b. mature;
region, in a place people can find with ease. c. of sound mind;
He should not have a doorman, and should not hold court within d. free;
the mosque. e. male;
e judge must treat both parties equally in three things: f. upright; and
. where they sit; g. trained in arithmetic.
. how he addresses them; and
If two [or more] parties agree that a particular person performs
e sounder opinion is that it is not required that the judge know how to write. the division for them, the above conditions are not required.
§.
If the division requires an assessment of value, there cannot be e. adhere to the common standards of observant Muslims of one’s
less than two appraisers. time and place [muru’ah].
If one partner invites the other partner to divide their property
and there is no harm in doing so, he must comply. .
ere are two types of rights:
.
. rights owed Allāh; and
If the plaintiff possesses testimonial evidence, the judge listens to it . rights owed to human beings.
and judges according to it. If the plaintiff lacks testimonial evidence,
then the defendant’s word accompanied by his oath is relied upon. .. Human Rights
If the defendant refuses to swear an oath, [the burden] returns to
the plaintiff who swears an oath and thereby deserves [whatever is [With respect to witnesses,] there are three types of rights owed hu-
claimed]. mans:
If both parties claim something that one of them has in his pos- . matters through which money is not sought and that are typical
session, the word of the one who possesses it combined with his oath for men to observe: only two male witnesses are accepted;
is what is relied upon. If the contested item is in their joint posses- . matters through which money is sought: two male witnesses,
sion, they both swear an oath and the item is divided between them. one male witness and two female witnesses, or one male wit-
Whosoever swears an oath about his actions [whether affirmative ness and the plaintiff ’s sworn oath are accepted; and
or negative] swears about it absolutely. . matters which are not typically observed by men: two men, one
Whosoever swears an oath about another’s actions: if he affirms man and two women, or four women are accepted.
their actions, then he swears about it absolutely; if he negates their
actions, then he swears a negation of knowledge [of its occurance]. .. Divine Rights
. A woman’s testimony is never accepted for rights owed Allāh.
[With respect to witnesses,] there are three types of rights owed
Testimony is not accepted except from someone with five attributes. Allāh:
[One must be:] . fornication: less than four male witnesses are never accepted;
a. a Muslim; . punishments other than fornication: two male witnesses are ac-
b. mature; cepted; and
c. of sound mind; . sighting the crescent moon at the beginning of Ramaḍān: one
d. free; and individual male witness is accepted.
e. upright.
.. Inadmissible Testimony
ere are five conditions for being upright. [One must:]
a. avoid [each of] the enormities [kabā’ir]; Testimony from a blind witness is inadmissible except in five cases:
b. not persist in [even] a small amount of minor sins [ṣaghā’ir]; . death;
c. have sound beliefs; . lineage;
d. restrain oneself when angry; and . general ownership;
. translation; and
. things witnessed before becoming blind; and, for example,
when someone tells him something and he immediately takes MANUMISSION
the speaker by the hand in order to present him to the judge
and testify as to what was said.
It is not permissible for anyone to provide testimony through
which personal benefit is derived or personal harm is warded off. .
Manumission is valid from every slave owner who is entitled to dis-
pose of his own property.
Manumission occurs through an explicit phrase, or an allusive
phrase accompanied by intention.
e entire slave is set free when the owner frees [just] a portion.
When a co-owner frees his portion of a slave: if he is not poor, the
manumission extends to the entire slave and he must pay the value
of his partners’ portions [to his partners].
When one takes possession of his own parents or children, [the
relative] is automatically set free.
. ’
Walā’ is a right [associated with] manumission. Its ruling is akin to
the [inheritance] ruling in the absence of the deceased’s universal in-
heritor. [Upon death,] walā’ passes from the one who freed the slave
to the [deceased’s] male universal inheritors; the order for universal
inheritors here is as their order for inheritance.
It is not permissible to sell walā’, nor to give it as a gi.
.
If the owner tells his slave, “You are free upon my death,” the slave
becomes a mudabbar; he is set free upon his master’s death, from
[the top] one-third of the estate.
It is permissible for the owner to sell the slave while he is alive.
Selling the slave invalidates the slave being set free upon the owner’s
death.
See §., p. .
See §.., p. .
- §.
A slave who will be set free upon his owner’s death is the same as If he purchases a slave [to whom] he [was previously married and
a fully-owned slave. then] divorced aer she had given birth to his child, she does not
become an umm al-walad through him having had intercourse with
. ’ her while married. But according to one opinion, she does if he had
dubious intercourse with her.
If a slave requests to purchase his freedom [kitābah], it is recom-
mended that the owner accept the request if the slave is trustworthy
And Allāh knows best.
and employed. e contract is not valid unless there is a specified
amount that is deferred to a known date. e amount must be paid
in at least two installments.
e owner cannot revoke the contract, although the slave is en-
titled to do so whenever he wishes.
A slave who is purchasing his freedom is entitled to dispose of
property in his possession.
It is obligatory for the owner to reduce a portion of the manu-
mission price so that the slave can use it to help pay the installments.
e slave is not set free until he has paid the price in full.
. -
If a slave owner impregnates his slave and she gives birth to some-
thing resembling a human being, [she becomes an umm al-walad
and] he may not sell her, use her as collateral or give her as a gi.
He may put her to work [i.e., hire her out] and have sex with her.
When he dies, she is set free from the top of the estate before the
payment of debts and distribution of bequests.
Her child from another man [aer giving birth to her master’s
child] follows her in this ruling.
Whoever impregnates his wife who is another person’s slave, the
child becomes the property of the owner.
If one impregnates a slave through dubious intercourse, his child
from her is free and he must pay its value to the master.
He is restricted, however, to engaging in transactions that are likely to bring about
an increase in the overall value of his property.
us, if she bears a child through marriage or fornication, that child is set free with
her.
Examples of dubious intercourse include the master mistaking someone else’s slave e other opinion is that she does not become his umm walad; it is the prepon-
for his own wife or his own slave. derant ruling.
BIBLIOGRAPHY INDEX
al-Bājūrī, Ibrāhīm, Ḥāshiyat al-Bājūrī ‘alā ibn Qāsim al-Ghazzī,
vols, (Beirut: Dār Iḥyā’ al-Turāth al-‘Arabī, /). Ablution Burial
al-Fasahnī, Shihāb al-Dīn Aḥmad ibn Ḥijāzī; al-Nūrī, Qāsim, ed- see also Khuff see Funerals, burial
itor, Tuḥfat al-Ḥabīb fī Sharḥ Nihāyat al-Tadrīb, (Damascus, actions
obligatory, Charity
/). recommended, see Zakāh
al-Ḥuṣnī, Taqī al-Dīn Abū Bakr ibn Muḥammad; al-Arna’ūṭ, ‘Abd al- actions unlawful without, Children
Qādir, editor, Kifāyat al-Akhyār fī Ḥall Ghayāt al-Ikhtiṣār, (Dam- invalidators, custody,
ascus: Dār al-Khayr, /). splints, financial support,
Adultery Cleaning oneself,
al-Jāwī, Muḥammad Nawawī ibn ‘Omar, Qūt al-Ḥabīb al-Gharīb:
see Punishments, fornication Clothes,
Tawshīḥ ‘alā Fatḥ al-Qarīb al-Mujīb, (Cairo: Maṭba‘ Muṣṭafā al- Alcohol Contests,
Bābī al-Ḥalabī, /). punishment for, Courts
al-Sharbīnī, Muḥammad; Kishk, ‘Abd al-Raḥmān, editor, Al-Iqnā‘ fī Animals Dividing property,
Ḥall Alfāẓ Abī al-Shujā‘, (Damascus: Dār al-Khayr, /). see also Food evidence,
see also Sacrifices divine rights,
and property destruction, human rights,
bestiality, judges
bones, conditions for appointment,
filthy,
financial support, etiquette,
hair, rights,
pure, testimony
Apostasy conditions for acceptance,
punishment for, inadmissible,
ʿAqīqa
see Slaughtering, for a newborn Dhimmīs
see Jizyah
Divorce
Bequests bidʿah,
see Inheritance, bequests charging one’s wife with adultery,
Bones,
Burglary custody,
see Punishments, burglary forswearing one’s wife,
from whom it does not occur, spiritual retreat, see also Offering sacrifices Intoxicants
likening one’s wife to one’s travelers, see Pilgrimage punishment for,
mother, Filth Hides,
mourning, excusable, Hunting, Janāza
number of pronouncements, removing, see also Slaughtering see Funerals
phrases, types of, Jihād
release for compensation, Financial support, Iʿtikāf see also Jizyah
sunnah, Food see Fasting, spiritual retreat conditions obligating it,
support and maintenance, see also Slaughtering Īlā prisoners,
taking back one’s wife, impermissible, see Divorce, forswearing one’s renegades,
three-fold divorce, permissible, wife spoils of war,
waiting period, , Foods Inheritance Jizyah
Dry ablution vinegar, bequests, conditions obligating it,
actions Fornication brothers and sisters, the contract,
obligatory, see Punishments, fornication executors,
recommended, Foundlings inheritors Khuff
conditions, see Trade, foundlings female, conditions,
invalidators, Friday Prayer, male, duration,
Duha actions people who always inherit, invalidators,
see Prayer, recommended obligatory, people who never inherit, Khul‘
prayers, Midmorning recommended, lesser, universal, see Divorce, release for
conditions omissions, compensation
ʿEid for it being obligatory, shares,
prayer, for its performance, one-eighth, Legal responsibility,
Zakāt al-Fitr, Funerals, one-half, Looking at the opposite sex,
Endowments burial, one-quarter, Lost items
see Trade, endowments Funeral Prayer, one-sixth, see Trade, lost items
Executors graves, one-third,
see Inheritance, executors shroud, the, two-thirds, Major ritual impurity
washing the deceased, Injurious crimes see Purificatory bath, the
Fasting indemnity Manumission,
conditions for being obligatory, Ghusl augmented, see also Slaves
see Purificatory bath, the for body parts, buying one’s freedom,
days Gis miscarriage, stipulating upon death,
offensive, see Trade, gis non-Muslims, Umm al-Walad,
unlawful, Gold reduced, Walā’,
expiation, objects, women, Marriage
invalidators, unlawful gain, non-fatal personal injuries, see also Financial support
making up, zakah, wrongful killing see also Nursing
nursing, Graves allegations, conditions,
obligatory actions, see Funerals, graves expiation, engagement,
pregnancy, reciprocal punishment, guardians,
recommended actions, Hajj types, integrals,
looking at the opposite sex, People of the Book invalidators, recommended,
marriage payment, see Jizyah punishment for omitting,
marrying slaves, animals slaughtered by, recommended prayers, Qullah,
people who should marry, Pilgrimage Midmorning, Qur’ān
spousal defects, see also Sacred Precinct Night Vigil, and major ritual impurity,
wedding feast, conditions obligating, rawātib, and menstruation,
witnesses, Hajj Tarawih, and minor ritual impurity,
wives expiation, Witr, prayer
disobedience, integrals, times, obligatory recitation,
giving equal time, obligatory actions, times when it is unlawful, recommended recitation,
number of, omissions during, women,
women recommended actions, Pregnancy Racing
compulsion, things unlawful during, duration, see Contests
unmarriageable, ʿUmrah Punishments Relieving oneself,
Menstruation integrals, accusation of Fornication, Renegades,
see also Irregular bleeding Postnatal bleeding animals and property Responsibility
actions unlawful during, actions unlawful during, destruction, see Legal responsibility
Minor ritual impurity Prayer apostasy,
see Ablution ʿEid Prayer, bestiality, Sacred Precinct
Miswāk see also Clothes burglary, cutting plants within,
see Toothstick see also Friday Prayer fornication, indemnity,
Mudabbar see also Funerals highway robbery, killing within,
see Manumission, stipulating actions intimate contact, Sacrifices
upon death combining, intoxicants, defective,
Mukātabah during peril, omitting prayer, recommended actions,
see Manumission, buying one’s inability to stand, renegades, sufficient,
freedom integrals, self-defense, time of,
quantity of elements, sodomy, Salam
Non-Muslim Residents recommended prior to prayer, Purification, see Trade, ordering goods
see Jizyah see also Ablution Self-defense,
Non-Muslims recommended within prayer, see also Dry ablution Silver
indemnity, lesser, see also Khuff objects,
Nursing, recommended within prayer, see also Purificatory bath, the unlawful gain,
major, see also Tanning zakāh,
Oaths shortening, see also Water Slaughtering
see also Vows conditions Purificatory bath, the, see also Food
binding phrases, for it being obligatory, actions see also Hunting
thoughtless, prerequisites, obligatory, for a newborn,
Objects Congregational prayer, recommended, implements,
gold, Drought Prayer, actions unlawful without, manner of,
silver, Eclipse Prayer, occasions pregnant animal,
Offering sacrifices forgetfulness, obligatory, Slaves
see also Hajj see also Manumission
buying physical presence, see Trade, endowments cows,
determining pregnancy, impermissible transactions, Water, distributing,
examining, lending, categories, fruit, ,
financial support, lost items, rights, goats,
fornication, offering collateral, sources, gold and silver,
manumission and broken vows, ordering goods, Wills impermissible recipients,
partnerships, see Inheritance, bequests livestock,
marrying, preemption, Women mixed flocks,
Umm al-Walad, reconciliation, and fasting, money,
Socks renting goods and hiring and prayer, ore,
see Khuff services, indemnity, sheep,
reviving abandoned lands, marriage and compulsion, trade goods, ,
sharecropping, Wudu treasure,
Tahajjud
suspension, see Ablution types,
see Prayer, recommended
types, Zakāt al-Fitr,
prayers, Night Vigil Zihār
wages, Zakāh
Taklīf see Divorce, likening one’s wife to
water rights, agriculture, ,
see Legal responsibility
watering crops, camels, one’s mother
Tanning,
wrongfully-taken property,
Tarawīh
Travelers
see Prayer, recommended
combining prayers,
prayers, Tarawih fasting,
Tayammum shortening prayers,
see Dry ablution
e Umm al-Walad,
see also Trade, wrongfully-taken ʿUmrah
property see Pilgrimage
Toothstick, Unlawful gain,
Trade
see also Unlawful gain Vows
admissions, see also Oaths
assignment of debt, abstaining from the lawful,
choosing to rescind, acts of disobedience,
commissioning others, acts of worship,
conditions for items, expiation,
deposits for safekeeping, lawful acts,
endowments, spiritual retreat,
financing a profit-sharing
venture, Walimah
foundlings, see Marriage, wedding feast
gis, Walā’
guarantees see Manumission
payment, Waqf
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