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Comparative Fatwa
- Preface
In the name of Allah
Preface
Whether people’s religious rites are valid or not depends on the degree of their acquaintance with the Islamic law (shar‘) and on how they observe these rules. One of the ways to determine the rules of religion is following (doing taqlīd of) a qualified mujtahid.
To know the fatwās of our marji‘ of taqlīd, we can refer to his book on practical laws of Islam (risālah al-‘amaliyyah) that reflects his jurisprudential opinions and its correctness is confirmed.
Owing to the fact that after the demise of the Grand Ayatollah Araki (q.) and even before that time so many mukallafs have started taqlīd of His Eminence, the Grand Ayatollah Khamenei (d.), it seemed necessary to compile the differences between the late Imam Khomeini's (q.) fatwās and that of Ayatollah Khamenei (d.) to make them accessible for his followers and other people.Note:
1. Some of the instances mentioned here do not reflect difference in fatwā but they may show something extra or an explanation for the ruling.
2. Those who follow the Supreme Leader (d.) can act upon their religious responsibilities by noticing the differences in the fatwās mentioned here. If any question regarding other matters is raised, they may forward it to His Eminence for being answered.
3. The fatwās of the late Imam Khomeini (q.) have been collected from the books of "Taḥrīr al-Wasīlah" published by Dār al-Aḍwā’/Beirut; "Tawḍīh al-Masā’il" published by Bonyād-e-Pejohishhay-e-Islami, Astan-e-Qods-e-Razavi; "Al-‘Urwah al-Wuthqā" (two volumes) published by al-Maktabah al-‘Ilmiyyah al-Islāmiyyah; and "Manāsik of Hajj" with its footnotes published by Nashr-e-Mash‘ar 1382 H.
4. The fatwās of His Eminence, the Grand Ayatollah Khamenei (d.) have been taken from the book "Ajwibah al-Istiftā‘āt" ('Replies to Inquiries About the Practical laws of Islam' published by Al-hoda International Publication, "Manāsik of Hajj" in Arabic language and some of the questions and answers available at the office of His Eminence.We hope that this book will pave the way for the believers.ربنا تقبل منا انک انت السميع العليمOur lord! Accept this from us! Indeed You are the Alert, the Aware!
You will find the fatwās of the late Imam Khomeini (q.) in the left column and that of Ayatollah Khamenei (d.) regarding the same issue in the opposite column - Taqlīd
- Purity
- Wuḍū’
- Ghusl
- Tayammum
- The Religious Injunctions Regarding the Dead
- Qiblah
- Prayer Time
- The Clothes Worn While Offering Prayer
- The Place Where Prayer Is Offered
- Rulings of a Masjid
- Prayer’s Obligations
- Congregational Prayer
- Friday Prayer
- A Traveler’s Prayer
- Qaḍā’ Prayers
- Fasting
- Invalidators of Fasting
- Qaḍā’ and kaffārah of fasting
- Kaffārah of Breaching a Nadhr
- I‘tikāf (Devoting Oneself Exclusively to Worship in a Masjid)
- Khums
- Hajj
- Istitā‘ah (Enjoying all the Requirements for Hajj)
Istitā‘ah (Enjoying all the Requirements for Hajj)
Fatwās Of Imam Khomeini (q.) Fatwās of the Grand Ayatollah Khamenei (d.)
1- Istitā‘ah is conditioned by having enough money/property upon return, i.e. on returning from hajj, he would earn his living by trading, farming, industry or the profit gained from properties like orchard(s), shop(s), and so on in a way that he would not face difficulty or serious problem. Also, if he has the ability to earn living compatible to his station in any way, it is enough. After returning from hajj, depending on zakāt, khums or other religious tithes as a living source is not sufficient. Therefore, hajj is not obligatory for the religions students who depend on stipends from Islamic seminaries for their livelihood.
1- After return if they can provide their livelihood by receiving stipends, it is incumbent upon them to perform hajj.
2- If a person, who does not enjoy istitā‘ah, borrows money for covering hajj expenses, such a person will not acquire istitā‘ah even though he/she can easily pay back the money later on. If such a person performs hajj with this money, it does not replace ḥajjah al-Islam.
2- A person — who is financially incapable of performing hajj but he/she can easily borrow and pay back later an amount enough for hajj expenses — is not obliged to acquire istitā‘ah by borrowing such an amount. Anyhow, if this person does borrow this money, hajj becomes obligatory for him/her.
3- If a person is hired to perform hajj on behalf of another person, specifically this year, and becomes financially capable of performing hajj in the same year, first he must perform the hajj on behalf of that person. Next year he/she will perform hajj for himself/herself if he/she still enjoys istitā‘ah.
3- If istitā‘ah has been attained through being hired, i.e. receiving compensation for performing hajj on behalf of another person, one has to follow Imam Khomeini's fatwa, but if istitā‘ah has been attained through other means, it shows that the hiring contract was void and the person must perform hajj for himself/herself.
4- A person who is in need for marriage and needs some money to pay for it is not considered enjoying istitā‘ah unless he/she has enough money for both hajj and marriage.
4- If a person is in such an urgent need for marriage that in case of remaining unmarried he/she would be in a serious problem, suffer from illness or commit ḥarām, or remaining unmarried would lead to his disgrace, it is incumbent on him/her to go for hajj only if he/she have enough money for both hajj and marriage.
5- A person, who has enough money for hajj but has not attained istitā‘ah either due to health problem or because the way is not open and he/she will acquire such istitā‘ah in the next year/s, may spend the money referred to and make himself/herself unable to go.
5- A person who has attained istitā‘ah cannot spend money for something else to make himself/herself financially unable to go for hajj if it is time to leave for hajj and cannot be delayed.
Before this time also, it is obligatory caution not to do so. - Niyābah (Hajj on behalf of Someone)
Niyābah (Hajj on behalf of Someone)
Fatwās Of Imam Khomeini (q.) Fatwās of the Grand Ayatollah Khamenei (d.)
Question: A nā’ib (one hired to perform hajj on behalf of someone else) was able to perform a normal complete hajj when he/she agreed to perform hajj by niyābah, i.e. on behalf of someone else, but it happened that after the contract is made, either while performance or before entering iḥrām, this nā’ib became unable. Therefore, whenever faced an excuse, he followed the rules incumbent on those having excuse. Will his hajj fulfill the duty of the person on whose behalf hajj is performed? Are all kinds of excuses treated alike or not?
Answer: It is problematic.1- If a nā’ib has no excuse when he/she agrees to perform niyābah hajj, but it happens that after the contract has been made, either while performing hajj or before entering iḥrām, the nā’ib becomes partially unable, the niyābah hajj performed by this person is all right if his/her excuse does not render some of hajj rituals incomplete, e.g. only he becomes unable to avoid something which has to be avoided.
But if the excuse renders the rituals of hajj incomplete, then invalidity of hiring contract is not far off, and a compromise agreement — concerning the payment and repetition of ‘umrah and hajj on behalf of the person for whom hajj is to be performed — should, by caution, be reached between the nā’ib and the other party.
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- Some questions answered by His Eminence Grand Ayatollah Khamenei (d.)
Some questions answered by His Eminence Grand Ayatollah Khamenei (d.)
Question 1: Would you please explain for me the terms ghinā’, music and its instruments in simple and understandable words!
Answer: ghinā’ is the singing specific and suitable for gatherings of merrymaking and debauchery. Both singing and listening to such kind of songs are ḥarām. If the music instruments are played in a way suitable for such gatherings, both using and listening to them are ḥarām. Accordingly, if a piece of music falls under ghinā’ or the aforementioned music, it is considered as ḥarām; otherwise, it is ḥalāl.Questions 2: In weddings, what is the ruling of women’s dancing in front of other women or maḥram men or men’s dancing in front of other men or maḥram women?
Answer: If dancing is sexually exciting or it entails vile consequences or ḥarām acts, it is impermissible except for wife’s dancing for her husband or vice versa while they are alone together.Question 3: What is your Eminence’s opinion regarding calling for, and communicating with, spirits?
Answer: By itself, calling for spirits is not objected unless it is associated with a ḥarām act or done for a ḥarām purpose.Question 4: What does shar‘ say about hypnosis?
Answer: Doing it with the consent of the person to be hypnotized and for a sensible ḥalāl motive is not problematic by itself.Question 5: What is the ruling of looking at a non-maḥram woman?
Answer: If looking at the face or hands (up to wrists) of a non-maḥram woman is not associated with lust, it is not ḥarām.Question 6: Is it right according to shar‘ to inseminate a woman using an unknown man’s semen?
Answer: By itself, the mentioned act is not objected as per shar‘ but they should avoid ḥarām touching and looking.Question 7: If an embryo of a couple is implanted inside the uterus of a foreign woman, what will be its shar‘ī ruling?
Answer: Although ḥarām looking and touching should be avoided, this act is not a problematic by itself. The resulted baby is the child of the couple whose sperm and egg are used and he/she is maḥram to them and their relatives. Regarding the woman in whose womb the embryo is developed, caution should be observed.Question 8: What is the ruling on vasectomy / tubectomy, be it temporarily or permanently?
What if this procedure leads to irreversible sterility?
Answer: Generally speaking , if vasectomy or tubectomy is done for a rational purpose and is free of considerable harm and — in case of tubectomy — it is done by the husband’s permission, it is not objected by itself no matter whether it is temporary or permanent or whether it would lead to irreversible sterility or not.Question 9: You have said that the father’s permission for marrying his virgin girl is necessary. Is this ruling a fatwā or it is based on caution?
Answer: Father’s permission for marrying a virgin girl is, by obligatory caution, a condition.Question 10: I have adopted a minor girl. How can I make her maḥram with me?
Answer: If it is to her advantage and the permission of the authorized religious authority is obtained, you may marry her off to your father.Question 11: In qasāmah, can one person take 50 oaths?
Answer: In qasāmah cases, whenever the number of persons (from the complainant side) who take oath is less than 50, carrying out the sentence on the basis of this qasāmah is seriously problematic.