Third: The Fast. It is not valid without keeping fast. It is not a condition to fast for oneself, as one may fast on behalf of another, regardless whether it is obligatory or a recommended one, whether it is being performed for oneself or one has accepted its liability on behalf of another person, without there being difference in the kinds of the retirement and the types of the fast Rather, it is valid to perform the ritual retirement for a vow, or on having been hired (to perform it on behalf of another) during the month of Ramadãn, provided that the person does not in the meantime withdraw his intention. Rather, if a person vows to perform the ritual retirement during some specified days, and he owes the votive fast, then if he keeps the votive fast during the ritual retirement, he shall be absolved of the fast owed by him.

Fourth: The ritual retirement should not be for less than three days including their nights. As regards the retirement for more than three days, there is no harm in it, there being no limit as to the maximum time for it, though it shall become obligatory on the third day after the passage of every two days. So if a person has performed the ritual retirement for five days, it shall become obligatory for the sixth day, and if he has completed eight days of retirement, it shall become obligatory for the ninth day, according to the more cautious opinion, and so on.

The day is counted from the sun-rise to the time of disappearance of the redness in the east. If a person performs the ritual retirement from the dawn (of the first day) until the sun-set of the third day, it would be sufficient, and it is not a condition to include the first or the fourth night, though it is permissible to do so. There is, however, hesitation and difficulty in the sufficiency of the third day by means of piecing together, so that if, for example, a person starts his retirement from the noon of a day, he may continue it until the noon of the fourth day.

Fifth; The ritual retirement must be performed in any of the four mosques, namely, the Masjid al

Iharãm (in Mecca), Masjid al-Nabi, Allah’s Blessings be on him and his Progeny, (in Madinah),

Masjid al-Kufah, and Masjid al-Basrah.

As regards the performance of the ritual retirement in mosques other than the above four mosques, there is difficulty (in its permissibility). Caution, therefore, must not be given up by performing the ritual retirement in other grand mosques with the intention of hope that it would be desirable to Allah. However, as regards the performance of the ritual retirement in mosques other than the grand mosques, like the tribal mosques or the market mosques, it is not allowed there.

Sixth: Permission of the person whose permission is a condition as the permission of an employer to his special employee, when there exists an agreement between them to the effect that the benefit of the ritual retirement performed by the employee shall go to the employer; other wise, there shall be no specified condition, though, in some cases, it is not specified; or the condition of the husband’s permission in respect of the wife when it is accompanied by negation, though there is difficulty in accepting it, but caution must not be given up.

As regards the permission of the parents for the children, it is a condition in case it is painful for them; otherwise, there is no condition of the permission of the father and mother, though it is more cautious.

Seventh: Continuation of stay in the mosque. So if a person leaves the mosque deliberately and of his own will without any of the lawful reasons, his ritual retirement shall be rendered void, even if he is ignorant of the relevant rule.

Of course, if he leaves the mosque out of forgetfulness or under coercion, his ritual retirement shall not thereby be rendered void. Similarly, if a person leaves the mosque for some reasonable, lawful and usual exigency, such as easing nature through urination or defecation or for performing ritual bath for Janãbat, or the like, (his ritual retirement shall not be rendered void). It is not permissible to perform ritual bath in the Masjid al-Harãm or Masjid al-Nabi, and so a (polluted) person is bound to perform Tayammum, and go out for performing the ritual bath. In the other mosques too, if the performance of the ritual bath requires his stay and desecration of the mosques, (he shall be bound to have Tayammum and go out for performing the ritual bath) In case his stay in the mosques shall not entail their desecration, he may stay there; rather, it is more cautious, even if he is allowed to go out.

Problem # 1 It is not a condition for the validity of the ritual retirement that the person performing it must be adult, so that, according to the stronger opinion, it is allowed even in case of a discreet child.

Problem # 2 Shifting from one retirement to another is not allowed, even if both of them are identical, as regards their being obligatory or recommended, nor from performing it on behalf of one person to performing it on behalf of another, nor from performing it on behalf of another to performing it for himself, or vice versa.

Problem # 3 It is allowed to discontinue the ritual retirement during the first two days, but on the completion of the two days it shall become obligatory,

Rather, according to the stronger opinion, the third becomes obligatory for every second in the first three, and the second, i.e., the sixth, and, according to the more cautious opinion, in every third in the other two as well.

As regards the ritual retirement performed in fulfillment of a vow, if it were specified, then it shall not be allowed to be discontinued otherwise, it shall be like a recommended one.

Problem # 4 It is indispensable for the days of the ritual retirement to be continuous, and they include the two intervening nights too, as mentioned earlier.

So if a person vows to perform the ritual retirement for three continuous days without the intervening two nights, it shall not be valid, if he intends to perform the retirement according to the Shari’ah.

The same rule shall apply if a person vows to perform the ritual retirement for one or two days with the condition that it shall not be for more days, (in which case the retirement shall be invalid).

If, however, he does not confine it to one or two days only, then his retirement shall be valid, and he shall be bound to add one or two days further.

Problem # 5 If a person vows to perform the ritual retirement for one month, he may perform the retirement from the first of one month to the first of another month, even if the month consists of less than thirty days, but, it shall be more cautious to add one day to it.

Problem # 6 It is a condition in a single retirement that it should be performed in a single mosque, and it is not allowed to perform it in two different mosques, even if they are adjacent, except when they are considered to be a single mosque.

If a person is unable to complete his ritual retirement in the place he had intended due to some fear or demolition, or the like, his retirement shall be rendered void, and he shall not be allowed to complete it in another grand mosque.

Problem # 7 The roofs, basements and the Mihrãbs (prayer niches) of the mosques are considered part of the mosques, and so it shall be governed by the rules of mosques as long as they are considered to be outside them, contrary to what is added to them like corridors or the like, as they are not considered part of the mosques unless it is not sure that they are part of the mosques, and considered to be so, and, therefore, the two domes of (the tombs of) Muslim b. Aqil, Peace be upon him, and Hâni, Allah’s Mercy be on him, are both apparently outside the Masjid al-Küfah.

Problem # 8 If a person has specified a special part of the mosque as the place of his ritual retirement, it shall not be confined to that place only and his intention shall be considered ineffective, even if he specifies its roof and excludes the floor, or vice versa. Rather, such limitation engenders difficulties in the validity of some of the duties.

Problem #  9 Among the lawful exigencies for leaving the mosque (where a person is performing

ritual retirement) are giving evidence or visiting a sick person, provided that his relation with the sick person is such that his visiting him or her is considered one of the usual necessities. The same rule applies to joining the funeral procession, saying good-bye to a traveller, or welcoming a person who has returned from journey, or the like, even if none of these things may be considered definitely necessary for him. The criterion for determining what necessitates his leaving the place of retirement is what is considered reasonably, lawfully and usually among the necessary and preferable things, regardless whether they are concerned with the matters of this world or hereafter, and whether his failure to leave the place of retirement would cause some harm or not. Of course, it is more cautious to undertake the shortest route, and confine his visit to the fulfillment of the exigency and necessary business, and it shall be obligatory on him, if possible, not to sit under the shadow. It would be more cautious for him not to sit at all, except when necessary. Rather it shall be more cautious that he must not even walk under the shadow, though, according to the stronger opinion, it is permissible for him. As regards his attending the Jama’at (for offering prayers), there is difficulty (in its permission), except in holy Mecca.

Problem # 10 If a person becomes polluted (due to discharge of semen) in the mosque, he shall be bound to leave the mosque for performing the ritual bath, in case it is not possible to perform the ritual bath within the mosque without staying in it and desecrating it. As regards the rules relating to (the pollution in the two holy mosques, (i.e. the Masjid al-Haram and the Masjid al-Nabi), they have already been mentioned, and if he fails to leave them, his ritual retirement shall be rendered void due to his stay in those mosques (where the performance of the ritual bath is not allowed in any circumstances).

Problem # 11 If a person removes some one who was sitting in ritual retirement there in the mosque before him, then his retirement shall not be far being void. The same shall be the case if a person, performing the ritual retirement sits on usurped bedding, though there is no difficulty in the validity of his retirement in case he is ignorant of the bedding being usurped, or has done it out of forgetfulness. If the floor of a mosque has been paved with usurped clay and bricks, it would be obligatory to abstain from its use, if possible, so that if a person commits insubordination by not abstaining from its use, his retirement shall not be from being likely. If it is not possible to abstain from its use, then caution must not be given up by abstaining from (performing the ritual retirement) there.

Problem # 12 If a person’s stay outside the place of his ritual retirement prolongs so much that it loses the form of retirement, his retirement shall be rendered void.

Problem # 13 A person performing the ritual retirement is allowed to make it a condition in his intention (Niyyat) that he may revert from the retirement whenever he wishes, including even the third day in the event of occurrence of some excuse, even if it is one of the usual and ordinary excuses like the arrival of the spouse from journey, and does not concern specially the necessary things which legalize the prohibited things, then he shall be allowed to follow his conditions, so that if they are general, he may follow them generally, but if they are special, he shall follow them in special matters. If, however, a person makes it a condition that he may revert from his retirement without the occurrence of any excuse, then it shall be difficult to accept, rather it shall be forbidden. A person who vows is allowed to revert from his ritual retirement if some excuse occurs in his vow, so that he must say, for example, “I am responsible to undertake the ritual retirement for Allah on the condition that I may be entitled to revert from the retirement in the event of such and such excuse”, then he shall be allowed to revert, and shall not be liable for committing a sin, or violation of the vow, nor to compensate for it. Caution must not be given up by mentioning the condition at the time of starting the ritual retirement too. If the condition is mentioned before intending to perform the retirement or after starting the retirement, then it shall not be effective. If a person makes a condition at the time of intending to perform ritual retirement, and subsequently drops the condition, then apparently the condition cannot be dropped.

Rules Concerning the Ritual Retirement

There are certain things which are forbidden for a person performing ritual retirement. They are as follows.

1. Coming close to women through sexual intercourse or touching them or kissing them lasciviously rather, it renders the ritual retirement void. There is no difference between a man and woman (in the application of this rule). So it is also forbidden for a woman performing ritual retirement.

2. Masturbation, according to the more cautious opinion.

3. Smelling perfumes and flowers for pleasure and enjoyment. This rule shall not, however, apply to a person who is deprived of the power of smelling.

4. Sale and purchase. It is more cautious, besides these two acts, to give up the various kinds of trade like conveyance, lease, etc. If a person performing ritual retirement makes some transaction, it would be valid, and, according to the stronger opinion, it shall be legally effective. There is no harm if a person performing the ritual retirement engages himself in various worldly matters for earning livelihood including even tailoring, weaving, or the like though, it is more cautious to abstain from it. Of course, there is no harm in undertaking such jobs in case of emergency.

Rather, there is no harm in sale and purchase, if a person needs to pursue them for eating and drinking in case there is no one to do these jobs on his behalf, and even conveyance if it is also not possible without resorting to sale and purchase.

5. Dispute in matters relating to this world or hereafter, when its meant for obtaining domination or expression of superiority. If, however, it is meant for the expression of truth and correction of the mistake of others, then there is no harm in it. It is more cautious for a person sitting in retirement to abstain from all those things from which a person who has tied Ihrãm (for Hajj or ‘Umrah) is required to abstain, but, according to the stronger opinion, it is contrary to the person who has tied Ihrãm particularly as regards wearing stitched garments, shaving hair, eating the meat of a hunted animal and contracting a marriage which are all permissible for a person performing ritual retirement.

Problem # 1 There is no difference between the day and night in the prohibition of things for a person performing ritual retirement, except as regards breaking the fast.

Problem # 2 Everything that invalidates a fast also invalidates a ritual retirement, as fast is one of the conditions for the ritual retirement, and so the invalidation of fast also invalidates retirement.

So also a sexual intercourse invalidates retirement, even if performed during the night. Likewise, touching and kissing lasciviously (invalidates ritual retirement). Moreover, a sexual intercourse invalidates the retirement even if performed inadvertently. As regards the other prohibited things, according to the more cautious opinion, they are applicable when committed deliberately or inadvertently. The same is the case with touching and kissing lasciviously, even if both the acts are done inadvertently. If a ritual retirement is a specified obligatory one, one must complete it, and should compensate for it (in the event of its invalidation). In case it is an unspecified one, one must perform it again, if the invalidation occurs in the first two days, and it should be completed and started again, if the invalidation takes place on the third day.

If a person invalidates a specified obligatory retirement, he shall be bound to compensate for it. Its compensation is not required to be made immediately, though it would be more cautious. If it were an unspecified one, it shall be obligatory to perform it again. Likewise, if it were a recommended one, it is obligatory to compensate for it in the event of its invalidation after two days. But, if invalidated earlier, there shall be no liability on the person. Rather, there is difficulty in the legality of its compensation. If the retirement were an obligatory one, it shall be obligatory to compensate for it or perform it again, if there is no condition of reversion in it, as has already been mentioned; otherwise, there shall be neither any compensation nor repetition of its performance.

Problem # 3 If a person invalidates an obligatory retirement by performing sexual intercourse, even if at night, expiation shall become obligatory. The same rule shall apply in case the retirement were a recommended one, according to the more cautious opinion, if a person has had sexual intercourse without abandoning retirement. In the event of its performance, however, despite abandoning retirement, according to the stronger opinion, there shall no expiation, as it is not obligatory in other prohibited things too, though it would be more cautious if it were obligatory. Its expiation is identical with the one for the month of Ramadân, though it would be more cautious to be sequential like the expiation for Zihãr.

Problem # 4 If a person vitiates his obligatory retirement by performing sexual intercourse during the day in the month of Ramadãn, he shall be liable for two expiations. The same rule shall apply if it occurs after noon during the compensatory fast for the month of Ramadân. If a husband compels his fasting wife who is not performing retirement in the month of Ramadãn (to join him in the sexual intercourse), he shall be liable for two expiations for himself due to (the violation of) his retirement and (breaking) his fast, and one expiation for his wife for (breaking) her fast. According to the stronger opinion, the same rule shall apply if the wife were also performing ritual retirement, though, according to the more cautious opinion, he should be liable for a fourth expiation for (the violation of) of her retirement.

If the wife were also willing, then each of them shall be liable for one expiation, if the sexual intercourse were performed during the night, and two expiations if the intercourse were performed during the day.

SECTION-FIVE
ZAKAT

Zakãt is among the obligatory (Wäjib) things of Islamic faith, and a person who denies it to be obligatory is considered to be among the infidels, according to the details already mentioned under the Section on Taharat (Purification).

It has been reported from the Ahl-i Bayt (Members of the Prophet’s Family), the Pure, Peace be upon them: “If a person fails to pay even a Qirat (=0.195 g) from Zakãt, he shall cease to be one of the believers (Mumins), or Muslims” and (another tradition says:) “So when such a person dies he may die as a Jew if he likes, or he may die as a Christian if he likes”.

(Another tradition says :) There is no owner of a property, a (palm-) tree, an agricultural farm or a vine who fails to pay Zakãt out of his property, but Allah shall throw on his neck a yoke up to seven stages of the earth until the Day of Resurrection.”

(Yet another tradition says :) “There is no human being who fails to pay anything from the Zakãt of his property, but on the Day of Resurrection Allah shall turn it into a dragon of fire and throw it on his neck that will go on grabbing his flesh with its teeth until the person’s judgment is finalized.”

There are several other similar traditions (about those who fail to pay their Zakät) that dazzle the human minds.

As regards the advantages of Zakat, they are tremendous, and its reward is stupendous. There is a tradition about the advantages of Sadaqah (Alms) which also includes Zakãt: Allah rears it up as anyone of you brings up his child until it shall meet you on the Day of Resurrection, when it shall be (as big as) the Uhud (Mountain).”

(Another tradition says :) ‘It drives away a repugnant death.”

(Yet another tradition says :) “A secret Sadaqah extinguishes the Lord’s Wrath.”

There are several other similar traditions (on the advantages of Sadaqah and Zakãt

Hereunder there are two Parts.

Part One-Zakãt on Property

This part shall deal with those on whom payment of Zakãt is obligatory, the articles on which it is obligatory to pay Zakãt, and the Categories of those who are entitled to receive Zakãt, the uses of Zakãt and their description.

Chapter One — Those on whom Payment of Zakät is Obligatory

Problem # 1 Following are the conditions for those on whom payment of Zakãt is obligatory.

First - Legal majority or maturity (Bulugh). So payment of Zakãt is not obligatory on a person who has not attained legal majority or maturity (Bulugh).

If there is a minor having a legal agent who performs trade on his behalf, it shall be approved (Mustahab) for him to take out Zakãt from his assets, as it is approved for him to take out Zakãt from his agricultural produce. But as regards (the Zakãt on) his cattle, according to the stronger opinion, Zakãt shall not apply to it. It is a condition that the person attaining to legal maturity should have attained the maturity from the beginning of the year, where the year is a criterion, while in other cases the criterion shall be before the time of application of the Zakãt

Second - Sanity. So it is not obligatory to pay Zakãt on the property of an insane person. The sanity of the person throughout the year is a condition, where there is a condition of the person being sane throughout the year, but in other cases, sanity is a condition at the time when Zakat becomes obligatory. In a case where it is a condition that the person should have remained sane throughout the year, if the person suffers from insanity, the year is dropped, contrary to the case of a person who is asleep, rather even a person who is intoxicated, or has swooned, according to the stronger opinion. If, however, the period of insanity is brief, then there shall be difficulty in dropping the year.

Third - Freedom. So no payment of Zakãt is obligatory on a slave, even if we recognize his ownership of some property.

Fourth - Ownership. So no payment of Zakãt is obligatory on a property donated, nor on a property loaned, except after the receipt of their delivery. Nor is it obligatory on a person in whose favour a will is made except after the death of the testator and the acceptance of the will by the person in whose favour the will is made, as, according to the stronger opinion, it is a condition for the receipt of the ownership in whose favour the will is made.

Fifth - Full Right of Disposal. So Zakãt is not obligatory on an endowment, even if it were a family or private endowment, nor on the income accrued on it in case of a public endowment, even if it were restricted to an individual nor on the mortgaged article, even if it were possible to release it from mortgage; nor on the property in the possession of another, even if it were possible for the person to dispossess the possessors by means of legal evidence or oath; nor on a stolen property; nor on a buried property whose place of burial has been forgotten; nor on a lost property; nor on a property dropped in the sea; nor on the property inherited from a missing person that has neither been received by him nor his agent; nor on a debt, even if it were possible to discharge it.

Sixth - Falling under Nisäb (the minimum amount of property liable to payment of Zakãt). Its details, God willing, shall follow.

Problem # 2 If a person doubts as to his having attained the legal age of maturity (or majority) at the time of Zakãt falling due, or as to the time of Zakãt falling due on the attainment of the legal age of maturity, it shall not be obligatory to charge Zakàt (on his property). The same rule shall apply in case of doubt as to the restoration of sanity at the time Zakãt fell due when the person has had a past record of insanity In case, however, the person has had a past record of sanity, and he doubts as to the occurrence of insanity at the time Zakãt has fallen due, it shall be obligatory to charge Zakãt on his property.

Problem # 3 In a case where there is a condition of enjoyment of full right of disposal, it is also a condition that full one year should have been complete. So in case the enjoyment of full right of disposal has taken place during the passage of a year, and then terminated, the year shall be dropped, and another year shall be required. In a case where there is no condition of the full one year, there is hesitation or difficulty in its being a condition at the time Zakât falls due, though according to the stronger opinion it is so, but according to the more cautious opinion, it is not so.

Problem # 4 There is no impediment in the application of the liability for Zakät in case of establishment of option for a person other than the owner of the property, except in case of a conditional option for the payment of its price where the transaction is dependent on the continuation of the existence of the property itself. If a person purchases a number of sheep that is liable for Zakat, while there is an option for the seller, the year of the transaction shall be counted from the time it has been entered, and not from the time of the expiry of the option.

Problem # 5 No Zakãt shall be obligatory on the income of the private endowment before its delivery to the endowed person. However, after the delivery, it shall be treated at par with his other property, provided that all its relevant conditions are fulfilled.

Problem # 6 A person taking a loan shall be liable for Zakãt on it after the loan has come into his possession, and a full year has passed since it had been in his possession, and the lender or creditor shall not be liable for anything until full repayment of the loan or debt. In case a person does not receive full repayment of his loan or debt, even if it is for escaping from Zakãt, it shall not be obligatory on him.

Problem # 7 If a person becomes unable to pay Zakãt once he had already been liable, or when a full year has passed since his ability, the obligation of Zakat on him shall subsist, and he shall be bound to pay the Zakãt whenever he regains the ability. If a person regains ability after having been unable, even after the passage of several years, his liability shall be counted from the time he has regained the ability. There is difficulty in accepting as approved the Zakãt for one year if he regains the ability after the passage of several years (of inability), not to speak of the case when he has regained the ability after the passage of a single year.

Problem # 8 If a property liable to Zakãt belongs to two or more persons, the liability shall be counted on each share, and not on the total amount of shares, so that each of the shares reaching the limit (Nisab) shall be liable to payment of Zakãt, excluding the share not reaching such limit.

Problem # 9 If a person is able to perform Hajj with the property within the limit of liability for Zakãt, then if a full year has passed, or the liability has fallen before the departure of the caravan for Hajj and his pecuniary ability to proceed for Hajj, he shall be liable to pay the Zakãt. In case, after the Zakãt has been defrayed, he has still pecuniary ability to perform Hajj, he should be bound to perform Hajj, otherwise not. If full year is completed after the departure of the caravan for Hajj, and performance of Hajj is possible by expending the amount of property within the limit of liability for Zakàt, or a part thereof, he shall be bound to perform Hajj. In such case, if he expends the money, the liability for Zakãt shall drop. In case the person defies the injunction, and fails to perform the Hajj, he shall be liable for the Zakãt for the full year. In case the time of the departure of caravan coincides with the completion of the full year or the time since it becomes obligatory on him, he shall be bound to pay Zakãt and not to perform Hajj.

Problem # 10 An infidel is also liable to pay Zakãt, though it shall not be legally valid even if he pays it. Of course, the Imam, Peace be upon him, or his deputy, is entitled to get it from him by force. Rather, according to the stronger opinion, the Imam is entitled to get it compensated by the infidel in case the latter has wasted the property liable to payment of Zakãt, or the property has been wasted while in his possession. Of course, if the infidel embraces Islam after it has become obligatory on him, his liability for its payment shall drop, even if the property itself subsists, though there is difficulty in accepting this opinion. This is the rule when the infidel embraces Islam after the completion of full one year, but if he embraces Islam even a moment before it, then apparently the payment of Zakat shall be obligatory on him.

Chapter two-Things on which Payment of Zakàt is Obligatory or Approved