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According to the more cautious opinion, it is preferable to give up decoration of the mosques and holy shrines with the utensils made of gold or silver. According to the stronger opinion, keeping them with oneself without using them is not prohibited.

According to the more cautious opinion, it is forbidden to use anything covered with any of them if they are used in a way that if they are separated, they shall be called separate utensils, except when it is not so, also with the exception of things plated or coated with gold or silver.

Likewise, there is hesitation and difficulty in including (in this category) a mortar, censers, fumigators, vessels for keeping precious articles, cream, opium and the like. So caution must not be given up.

Problem # 4 As it is forbidden to use utensils of gold and silver for eating and drinking purposes by touching them with the mouth or, for example, taking a morsel from them, in same way it is also forbidden to pouring out their contents into another vessel with the intention of eating or drinking. But there is no objection if the contents (vessels made of gold or silver) are poured out into other vessels (not made of gold or silver) in order to escape from prohibition. Rather, there shall be no prohibition in eating or drinking that food from those vessels (made of gold or silver). Rather, it is not far from being likely that pouring the contents of the vessels made of gold or silver into other vessels (made of gold or silver) with the intention of eating or drinking the latter may be prohibited, but the very act of eating or drinking in those vessels shall not be forbidden. So if a person pours out the contents of the vessels made of gold or silver into other vessels (not made of gold or silver) for eating or drinking by another person, then the person pouring out the contents shall be considered to have committed a forbidden act, but not the person eating or drinking (in the vessels not made of gold or silver).

Of course, if the act of pouring out the contents has been by the order or on the request (of the person eating or drinking the contents from the vessels not made of gold or silver), then both of them shall be considered to have committed a forbidden act, the person ordered for using the (forbidden) vessel as well as the person ordering for something forbidden, which will be applicable if it is accepted as something forbidden, which is not far from being the case.

Problem # 5 Apparently an ablution, performed with a vessel of gold or silver, is treated as similar to an ablution performed with usurped vessel, and is invalid, if it is performed by means of dipping.

Likewise, the same rule shall apply if the ablution is performed by taking the water into one’s hand when the water is confined to those vessels only.

If, however, the water is not confined to the vessels (made of gold or silver), the ablution performed shall be valid.

SECTION THREE - DEALING WITH PRAYER (SALAT)

Prayer prevents a person from vile deeds and detestable acts. It is a pillar of faith. If it is accepted (by Allah), all other deeds are accepted, and if it is rejected all other deeds are rejected.

Chapter on Preliminaries of Prayer

There are six preliminaries of Prayer.

First Preliminary of Prayer: Number of Obligatory Prayers, Fixed Times of Daily Prayers and Their Supererogatory Performances (Nawãfil)

Problem # 1 There are two kinds of Prayer: Obligatory (Wãjib) and Recommended (Mandüb)

There are five Daily Obligatory Prayers. The other Obligatory prayers are the Friday prayers, the compensatory (Qada’) prayers of the father to be offered by the eldest son, prayer for A’yat, prayer for circumambulation, prayer for the dead and what is due to one duty-bound for vow or hire, etc. It is an error to include the last category of prayer under obligatory prayers because what is obligatory is the fulfillment of the vow, or the like, and not that it should come under the title of obligatory prayers.

The recommended prayers are innumerable. Among them are the daily supererogatory (Nafilah) prayers which are eight Rak’ats for Zuhr (noon), eight for Asr (after noon), four for Maghrib (Evening) and two Rak’ats for Ishã’ prayers, which are offered while sitting and are, therefore, counted as one Rak’at, and are called Vatirah, and their due time is extended with the extension of their principal prayer ( the Ishà’ prayer), and two Rak’ats for the morning (Fajr) prayer before the obligatory one, their due time being early dawn and is extended upto when the due time of morning prayer lasts until the appearance of the redness (or twilight). It is permissible to offer them with the midnight prayer (Tahajjud) before dawn even at the middle of the night. Rather, it is not far from being better to offer them some time after offering the midnight prayer after mid-night, but it is more cautious to offer both of them before the early dawn except by inserting them in the night prayer.

There are eleven Rak’ats of supererogatory for the night, of which eight Rak’ats are called (mid) night (Tahajjud) then two Rak’ats are called Shaf’ (or couple) and one Rak’at called Vitr (single) prayer which along with the Shaf’ prayer is the preferable prayer, while the two Rak’ats of Morning Prayer are even more preferable than both. It is permissible to confine oneself to Shaf’ and Vitr only; rather particularly to Vitr in case the time is too short, while in case otherwise, it may be offered with the hope (of being desirable to Allah).

The due time for the (mid) night (Tahajjud) prayer is from the mid-night to the actual dawn (Subh-I Sãdiq), while morning (Sahar) is preferable than any other time, the last one-third of the night being entirely morning (Sahar), while its preferable time is one close to the dawn (Fajr), and even more preferable than that is the early morning (Tafriq) as was the practice of the holy Prophet, Allah’s Blessing be on him and his Progeny.

Thus, the number of the supererogatory prayers (Nawãfil) after counting Vatirah as one Rak’at comes to thirty four Rak’ats, double of the (daily) obligatory prayers. Of these supererogatory Rak’ats, eight Rak’ats are dropped for Zuhr during a journey causing Qasr (reducing the number of Rak’ats of prayers), eight for Asr and the rest remain intact, while it is more cautious to offer the Vatirah with the intention of hope (of being desirable to Allah).

Problem # 2 According to the stronger opinion, it is established that the Ghafilah prayer is recommended, though it is not among the daily supererogatory prayers. It has two Rak’ats which, according to the stronger opinion, is offered between the evening (Maghrib) prayers and the disappearance of the western twilight.

In the first Rak’at, after the Surah Al-Hamd (Chapter 1 of the Quran), one must recite (in Arabic): “When Dhu al-Nun went off in anger and deemed that We had no power over him, but he cried out in the darkness, saying: “There is no god but Thou. Be Thou glorified, and verily I was among the wrong-doers.” Then We accepted his prayer and saved him from the anguish. Thus we save the believers.” (Chapter 21, Verse 87)

In the second Rak’at, after the Surah Al-Hamd (Chapter 1 of the Qur’àn), one must recite (in Arabic): “And with Him are the keys of the Invisible. No one but He knows them. And He knows what is in the land and the sea. Not a leaf falls, but He knows it, there is not a grain in the darkness of the earth, nor anything fresh or dry except that it is (noted) in the true Book.” (Chapter 6, Verse 59).

After having finished it, one must raise both his hands, and say (in Arabic): “O Allah, ask Thee by the keys of the Invisible which no one knows but Thou to send Blessing on Muhammad and the Progeny of Muhammad, and do for me such and such”. (In the last sentence) must pray as one intends to do, and then must say, “O Allah, Thou art my benefactor and has power to grant my demand. Thou knowest my needs. So I ask in the name of Muhammad and the Progeny of Muhammad, Peace be upon him and them, (to grant me) what Thou hast decided for me.” Then he must ask Allah whatever one wants. God willing, it shall be bestowed upon him by Allah, the Exalted and Glorified.

Problem # 3 It is permissible to offer the supererogatory prayers etc. in a sitting posture even when he is able to offer them in a standing posture, but it is better to count every two Rak’ats as one Rak’at even in case of Vitr, so that one must offer it twice, each time one Rak’at.

Problem # 4 The time for the supererogatory prayer for Zuhr is the beginning of midday to the time when the shadow of the sun-dial stake reaches one yard or 2/7 of the stake, while that of Asr is the time when the shadow of the stake reaches two yards or 4/7 part of the stake, when it reaches that limit the obligatory prayer is to precede (the supererogatory prayers).

Problem # 5 There is no objection if on Friday the supererogatory prayer is offered prior to midday. Rather, on Friday, the number of the supererogatory prayer is raised by four Rak’ats, bringing the total to twenty Rak’ats. But, on the days other than Friday, the absence of permissibility is not devoid of force.

If a person has knowledge about the inability of offering both of them at their due time, then it would be more cautious to offer both of them with the intention of hope (of being desirable to Allah).

It is permissible to offer the supererogatory prayer of the (Tahajjud) before mid night, if a person on journey or a young man fear that they would fail to offer it on its due time rather, every person having an excuse, like an old man or one afraid of cold or nocturnal pollution (Ihtilãm). They should express intention (Niyyat) of urgency (Ta’jil) and not due observance.

Problem # 6 The due time for offering the Zuhr and Asr prayers is from midday to Maghrib (sun-set) and the time for Zuhr prayer is reserved from its beginning to the extent required for offering it according to the circumstances of the person offering the prayer, and, like wise, Asr is reserved for the last, while the time between them is common to both.

The due time for the Maghrib and Ishã’ prayers in ordinary circumstances is from Maghrib (evening) till midnight, out of which the time for Maghrib prayer is reserved from its beginning to the extent it is required for offering it, and the Ishã’ prayer for the last according to the circumstances of the person offering the prayer, and the time between them is common to both.

If a person does not offer both the (Maghrib and Ishã’) prayers until midnight in case of emergency due to sleep, forgetfulness, menstruation, etc., or deliberately, it is more cautious for him to offer both the prayers upto the beginning of the morning with the intention of what he owes.

In case the time left for beginning of the morning is not sufficient for offering both the prayers, he should, by way of precaution, offer the Ishã’ prayers. It is more cautious to offer both the compensatory prayers in succession after the due time.

The due time for offering the morning (Fajr) prayers is from the early dawn to sun-rise. The preferred time for offering the Zuhr prayer is from midday to the time the shadow of the stake of the sun-dial equals the stake, while the last preferred time for offering the Asr prayer is when the shadow of the stake of the sun-dial becomes double of the stake, but the beginning of the preferred time for offering the Asr prayer is when, according to the more evident opinion, the shadow reaches four feet, or 4/8 of the stake, though it is not far from being likely that its beginning should be after the due limit for offering the Zuhr prayer.

The preferred time for offering Maghrib prayer is from the sun-set to the disappearance of the twilight, which is the redness in the western horizon. That is also the beginning of the preferred time for offering Ishã’ prayers which lasts upto one-third of the night. Its time is divided into several parts: before the disappearance of the twilight and after the one-third to middle of the night

The preferred time for offering the Morning Prayer is from early dawn to the appearance of the eastern twilight. Perhaps its appearance is interrelated with the time of day break, aurora and lightening of the morning which has come in the religious texts.

Problem # 7 The reservation of time (for a particular prayer) means that it would not be valid to offer another prayer at that time as due, but there is no hindrance in offering a prayer which is not a partner in that time as the compensatory prayer for that or any other day. Likewise, there is no hindrance in offering a prayer which is a partner in that time after one had fulfilled what was due in that time.

If a person offers Asr prayer before Zuhr prayer, but there is ample time left for offering four Rak’ats, it would be valid to offer Zuhr prayer during that time as within the due time.

Likewise, if a person offers Zuhr prayer before midday under the impression that its due time has arrived, and then the due time arrives before its completion, there shall be no hindrance in offering the Asr prayer after finishing the prayer and it is not obligatory to delay it until the passage of time required for offering four Rak’ats. Rather if the entire Asr prayer is offered during the time of Zuhr prayers, according to the strong opinion, it would be valid, in the same way as when a person believes that he has offered Zuhr prayer and so offers the Asr prayer, but later it transpires that he had not offered (Zuhr prayer), though the entire Asr prayer had taken place during the time reserved for the Zuhr prayer. But caution must not be given up in case he could not find a part of the common time (Zuhr and Asr prayers).

Problem # 8 If a person offers Asr prayer before Zuhr prayer or Ishã’ prayer before Maghrib prayer deliberately, whatever was offered earlier would be invalid, regardless whether they were offered during the reserved time or common time.

If, however, the person has offered them inadvertently, and comes to realize it after finishing them, whatever he had offered earlier shall be valid, and he must offer the first one subsequently.

If he comes to realize it during the performance of the prayer, he may return to his previous intention, except when there is no time left for such return, in the same way as when a person precedes Ishã’ prayer inadvertently, and comes to realize it after starting the fourth Rak’at when he cannot return his intention (Niyyat). Rather its validity is not devoid of force, though it is more cautious to complete it, and then offer Maghrib prayer, and then Ishã’ prayer.

Problem # 9If for a person living in his own place there remains time sufficient for five Rak’ats upto sun-set and for one who is on journey three Rak’ats, he shall offer Zuhr prayer first, even if part of the Asr prayer may be offered after the due time.

If, however, there remains time sufficient for four Rak’ats or less for a person living in his own place and two Rak’ats or less for one who is on a journey, he shall offer Asr prayer.

If, for a person living in his own place there remains until mid-night time sufficient for five Rak’ats or more, and for one who is on a journey four Rak’ats or more, he shall first offer Maghrib prayer, but if for one living in his own place and one who is on a journey, there remains lesser time than already mentioned, he shall offer Ishã’ prayer, and shall hasten to offer Maghrib prayer subsequently, if there is still time left for one Rak’at or more, and apparently it would be within the due time, though it would be more cautious not to intend offering it within the due time or after the due time.

Problem # 10It is permissible to change the intention (Niyyat) from the subsequent to the precedent prayer, but not otherwise. If a person starts Zuhr or Maghrib prayer, and in the meantime he comes to realize that he has offered both the prayers, it would not be permissible to change his intention to the subsequent prayers (i.e. to Asr and Ishã’ prayers). On the contrary, if he starts the second prayer under the impression that he has already offered the first, but during the performance of the prayer he comes to realize that the fact is otherwise, he may change his intention to the first, if there is time left for such change.

Problem # 11 If a person is on a journey, and there is time left for four Rak’ats, so he starts, for example, Zuhr prayer, and during offering the prayer he intends to stay in the place, his prayer shall be invalid and it shall not be permissible for him to change to the subsequent prayer. So he should discontinue it, and start the subsequent prayer, in the same way as, in the supposed example, if he intends to stay in the place, and then he starts the subsequent prayer, and then he changes his intention from staying in the place, then it would be difficult to return to the precedent prayer.

Problem # 12 According to the more cautious opinion, it is obligatory on persons having due excuse to delay offering prayer from the beginning of the due time with the hope that the excuse shall be removed within the due time, except in Tayammum, when it is permissible to expedite it, except when he knows that the excuse shall be removed within the due time, as has already been mentioned under the Chapter on Tayammum.

Problem # 13 According to the stronger opinion, it is permissible to offer the recommended prayer during the time of an obligatory prayer, provided the time is not too short.

Likewise, it is permissible for one who owes offering some obligatory prayer.

Problem # 14 If a person is sure of the arrival of the due time of prayer, and so he offers prayers, or he relies upon some reliable indication like the testimony of two morally sound witnesses, (and offers prayers), then if the entire prayer has taken place before the due time, it shall be invalid, but if some of it, even if a little, has taken place in the due time, it shall be valid.

Problem # 15 If some of the due time for offering prayer and fulfilling its preliminaries, like cleanness with water or earth etc., has passed according to the circumstances of the person offering prayer, then some excuse takes place like lunacy or menstruation, it shall be obligatory for him to compensate. In case otherwise, it would not be obligatory.

If the preliminaries for prayers have been fulfilled in the beginning of the due time, it would be sufficient for offering the prayer according to his circumstances and his actual duty.

If the excuse is removed at the last time, then if there is sufficient time for cleanness and offering both the prayers, it would be obligatory to offer both the prayers.

If, however, the time left is sufficient for cleanness and offering a single prayer, it would be obligatory to offer the prayer whose time is due.

The same shall be the rule if the time left is sufficient for offering a single Rak’at in the state of cleanness.

If the time left is sufficient for cleanness and offering a single Rak’at, the person shall perform the second.

If, however, there is extra time left after offering a complete prayer which is sufficient for offering a single Rak’at besides obtaining cleanness, it shall be obligatory to offer both.

Problem # 16 It is a condition for a person having no excuse to obtain knowledge about the arrival of the due time at time of beginning the prayer. The testimony of two morally sound witnesses is treated equivalent to knowledge, if their testimony is based on sense, such as observation of the shadow (of the stake of sun-dial) becoming longer after having been smaller.

According to the more cautious opinion, the call to prayer (Adhãn) is not sufficient, even if the person calling to prayers is morally sound and knows the due times of prayers.

As regards a person having some excuse like the presence of clouds, or such other usual excuses, it shall be permissible for him to rely on presumption about the due time.

As regards a person having some special excuse. Like a blind man or one detained, he should not give up caution by delaying the prayer until he gets knowledge about the arrival (of the due time of prayer).

Second Preliminary of Prayer: the Qiblah

Problem # 1 As far as possible, it is obligatory to face the Qiblah, regardless whether the prayers are the daily obligatory prayers or others, including even the prayers for the dead, or the supererogatory prayers which are offered on the land in a state of composure and rest, but in the state of movement and riding or in a ship, this condition does not apply.

Problem # 2 It is a condition that there should be knowledge about facing the Qiblah while offering prayer. According to the stronger opinion, the evidence (by two morally sound persons), based on the fundamental principles of sense takes the place of knowledge. If it is not possible to have knowledge or evidence, the person offering prayer should take all possible efforts, and act according to his own belief or assumption.

In case it is also not possible and in his view all the four directions are equally possible, he must offer prayer towards all the four directions, if there is ample time; otherwise, he should offer prayer towards the directions as allowed by the time for prayer. If there is knowledge or the like about the absence of possibility of Qiblah being in some of the directions, he should offer prayers towards the other directions in which the Qiblah is possible.

One may rely on direction of the Qiblah the Muslims of the place face while offering their prayers or as ascertained by the direction of their graves and prayer arches (Mihrabs) in the mosques, if he does not already know them to be made on the wrong directions.

Problem # 3 If a person having confusion (about the actual direction of Qiblah) on whom it is obligatory to offer prayer on more than one direction has to offer two prayers, (such as for Zuhr and Asr), it is more cautious for him to offer the second towards the directions of the first, in the same way as it is also more cautious to offer the first prayer towards the (possible) directions, and then start offering the second, though, according to the stronger opinion, it is permissible to offer the second prayer after the first in all the (possible) directions.

Problem # 4 If a person offers prayer towards a direction according to some reliable evidence, and subsequently it transpires that it was wrong, then if his deviation from the direction of the Qiblah has been between his left and right, his prayer shall be valid. If he has come to realize the mistake during offering the prayer, let bygones be bygones, and face the right direction of the Qiblah during the rest of the prayer, regardless whether there is sufficient time left (for repetition of the prayer) or not.

If his deviation (from the direction of the Qiblah) has been more than mentioned above, he shall repeat the prayer, if there is still time left for it; otherwise not, even if later it transpires that he had his back towards the Qiblah.

In case he has ample time left, it is more cautious for him to repeat the prayer, if he had his back towards the Qiblah; rather in all cases.

In case during the prayer he comes to realize that his deviation is more than what lies between his right and left, then if there is ample time even for offering a single Rak'at, he must discontinue his prayer and repeat it while standing with his face towards the Qiblah.

If the time left is not sufficient even for a single Rak'at, he must face the Qiblah during the remaining portion of the prayer and, according to the stronger opinion, his prayer shall be valid, even if (the major part of it is) offered with his back towards the Qiblah, though it is more cautious to offer compensatory prayer even for it.

Third Preliminary of Prayer: Permissible Garment of the Person Offering Prayer

Problem # 1 In case of ability, it is obligatory to cover the private parts in prayer and its appurtenances like the Rak'at offered by way of caution, and according to the stronger opinion, the compensatory prayer for the forgotten portions, and according to the more cautious opinion, the two prostrations due to inattention, as also in the supererogatory prayers excluding the prayer of the dead, though, according to the more cautious opinion, also including it, while caution must not be given up during the performance of the circumambulation.

Problem # 2 If the private part of a person becomes visible due to wind or negligence, or it was visible from the beginning of the prayer without the knowledge of the person offering praying, the prayer shall be valid. However, the person should cover it immediately, if he comes to realize about it during the prayer. It is more cautious to finish it, and start it anew.

The same rule applies in case he forgets in both cases.

Problem # 3 The private parts of a man which are required to be covered and are forbidden to look at during prayer are the anus, the penis and both the testicles. It is more cautious to cover the indistinct figure of the private parts visible from behind the clothes without distinction of the color.

As regards the parts of a woman which are required to be covered during prayer, they include her entire body including even her head and hair excluding the part of her face which is required to be washed for ablution and both her hands upto the forearms and both feet upto the ankles. It is obligatory to cover a little of the parts mentioned as excluded from being covered.

Problem # 4 It is obligatory on a woman to cover her neck and the lower part of her chin including even that much of it as can be seen after wrapping the scarf (khimãr).

Problem # 5 A slave girl and small girl are treated at par with a free and adult woman, except that it is not obligatory on them to cover their head, hair or neck.

Problem # 6 It is not obligatory to cover the private parts from below. Of course, if one is standing at the corner of the roof or net where a person may possibly pass and have a look at the private parts in case he looks up, then, according to the more cautious, rather stronger opinion, one should cover the private parts from below too, even if presently there is no person looking there.

In case, however, there is a net under which no person is expected to look from under as a.net on a well, then, according to the stronger opinion, it is not obligatory (cover the private parts from below), except when there is a person looking in the net.

Problem # 7 The hiding from sight may be obtained through any means which may hide a thing from sight, including even a hand, coating with mud or dipping in water. Even both the hips are sufficient to cover the anus.

The hiding of the (private parts) in prayer is not sufficient by means of the things mentioned above, even in case of an emergency.

As regards covering (the private parts) by means of leaves, grass, cotton, and unwoven wool, according to the stronger opinion, it is permissible generally, though caution must not be given up in case of the first two.

According to the stronger opinion, if a person finds nothing to (cover his private parts), even grass or leaves, it is permissible for him to offer prayer, though it is more cautious for a person who finds something to coat with to add to his own condition the condition of one who could find something (to cover his private parts).

Problem # 8 There are a few conditions required in what covers the private parts of a person offering prayers, rather in the general garments of such person. They are:

Firstly, Cleanness, except in case of a single garment in which prayer cannot be offered, if it is the only thing he has (as handkerchief), as mentioned before.

Secondly, that it is not permissible to offer prayer if the garment is usurped, provided that he has knowledge about its being usurped, so that if he does not know about it, his prayer shall be valid.

The same rule shall apply in case he forgets about the garment being usurped, except when he is himself the usurper. Caution must not, therefore, be given up by offering the prayer again.

Problem # 9 There is no difference whether the usurped object is an actual property, its usufruct or is related with the right belonging to another as something mortgaged, or the actual property which belongs to Khums or Zakat due to their non-payment even from some other property.

Problem # 10 If a person has dyed his garment with usurped dye, and then in case the particles of the dye with which it has been dyed have not remained on the garment and what remains is the color only, then according to the stronger opinion, his prayer shall be valid.

If, however, the particles of the actual dye have remained on the garment, then, according to the stronger opinion, the prayer shall not be valid, in the same way as, according to the stronger opinion, it shall not be valid if the garment has been stitched with a usurped thread, though it is not possible to separate the thread by tearing it, what to say of the case when it is possible to do so.

Of course, there shall be no difficulty in accepting the prayer as valid in case the dyer or the tailor has been compelled to do his job, and he has not been paid his remuneration, provided that the dye and the thread belonged to the owner of the garment.

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