Islamic Laws of Ayatullah Khui

Tayammum

Tayammum (ablutions with earth, sand etc.) should be performed instead of ablutions or the ceremonial bath in the following seven conditions:

First condition: When it is not possible to procure sufficient water for performing ablutions or taking bath.

655. If a person happens to be in a populated area he should, on the basis of precaution, make his best efforts to procure water for ablutions or bath till such time that he loses all hope. And if he happens to be in a densely wooded forest, where the land is uneven and it becomes difficult for him to walk, he should make a search for water on all sides covering a distance equal to that covered by an arrow in olden times when thrown from a bow, otherwise (i.e. it walking through the forest is not so difficult) he should make a search by covering a distance which is double the distance covered by an arrow.

In his commentary on the book entitled Man la Yahzunrhul Faqih the Allama has prescribed the distance covered by an arrow to be equal to 200 foorsteps.

656. If out of the four sides some are even and others are uneven one should make search for water in the side which is even to the extent of the night of two arrows and in the side which is uneven to the extent of the flight of one arrow.

657. It is not necessary for a person to make search for water in the side about which he is sure that water is not available there.

658. If the time during which a person can offer prayers is not short and he has time at his disposal to procure water and if he is sure that water is available at a place beyond that upto which he should make search he should go there to get water. And if he suspects that water is available there it is not necessary for him to go to that place. However, if his suspicion is strong and he is almost sure he should go to that place to fetch water.

659. It is not necessary that a person should go himself in search of water. On the other hand he can send for this purpose some other reliable person. And in such a case it is sufficient if one person goes on behalf of some of them.

660. If availability of water in the provisions for journey of a traveller or in the encampment or in the caravan is probable the person concerned should, on the basis of precaution, make so much search that he may become sure of the non-availability of water or may lose hope of finding it.

661. If a person makes search for water before the time for prayers sets in, and does not find it, and stays there till the time for prayers commences, and there is a possibility of getting water, the recommended precaution is that he should go in search of water again.

662. If a person makes search for water after the time for prayers has set in, and does not find it, and stays at that place till the time for next prayers, and if there is a possibility of finding water, the recommended precaution is that he should go in search of water again.

663. If the time left for prayers is short or the person concerned fears a thief or a wild beast or the search for water is so hard that he cannot bear it, it is not necessary for him to make search for water.

664. Notwithstanding the fact that a person, who has not gone in search of water till time left for prayers has become short, has sinned, the prayers offered by him with tayammum is in order.

665. If a person is sure that he cannot get water and does not, therefore, go in search of water and offers his prayers with tayammum, but realizes after prayers that if he had made search he would have procured water, and if he has sufficient time at his disposal it is necessary for him to perform ablutions and offer the prayers again.

666. If a person cannot get water after search and offers his prayers with tayammum and understands after offering prayers that water was available at the place where he had made search and the requisite time is still there, he should perform ablutions and offer the prayers again.

667. If a person believes that the time left for prayers is short and offers his prayers with tayammum without making a search for water, but understands after offering prayers and before the expiry of time that he had time for making a search for water the obligatory precaution is that he should offer that prayers again.

668. If a person is with ablutions when the time for prayers has set in, and knows that if he nullifies his ablutions it will not be possible for him to procure water or he will not be able to perform ablutions, he should preserve his ablutions if possible, and should not nullify it. However, he can have sexual intercourse with his wife even though he may be knowing that it will not be possible for him to take bath.

669. If a person is with ablutions before the time for prayers sets in, and knows that if he nullifies his ablutions, it will not be possible for him to procure water, the recommended precaution is that if he can preserve his ablutions, he should not nullify it.

670. If a person has water which is sufficient only for ablutions or only for bath, and if he knows that if he throws it away he will not be able to get more water it is unlawful for him to throw that water away if the time for prayers has set in and the recommended precaution is that he should not throw it away even before the time for prayers sets in.

671. If a person, who knows that he cannot get water nullifies his ablutions or throws away the water that he has with him after the time for prayers sets in, he commits a sin but his prayers with tayammum is in order although the recommended precaution is that he should also offer the qaza (lapsed) of that prayers.

672. Second Condition: If a person is unable to procure water on account of old age or weakness, or fear of a thief or a beast, or because he does not possess means to draw water from a well, he should perform tayammum. The same order would apply in case the trouble to acquire water is usually considered to be unbearable. In the latter case, however, if a person does not perform tayammum and performs ablutions, his ablutions will be in order.

673. If bucket, string and other similar things are needed for pulling water out of a well, and the person concerned is obliged to purchase or hire them, he should procure them though their price may be many times the usual rate. And the position is the same if water is sold at many times its usual price. However, if the procurement of these things entails so much expenditure that it is harmful for his condition it is not obligatory for him to procure them.

674. If a person is obliged to take loan for procuring water he should take loan. However, if he knows or thinks that it will not be possible for him to repay the loan it is not obligatory for him to take loan.

675. If digging a well does not involve much hardship the person concerned should dig a well to procure water.

676. If a person gives water to another person without holding him under obligation the latter should accept it.

677. Third Condition: If a person fears that if he uses water his life will be in danger or he will suffer from some ailment or defect in his body, or the ailment from which he is already suffering will become acute or some complications will arise in its treatment, he should perform tayammum. However, if warm water is not injurious to him, he should perform ablutions with it, and also take bath in case in which bathing is obligatory.

678. It is not necessary for resorting to tayammum that a person should be certain that water is injurious to him. It is sufficient for resorting to tayammum if there is a probability of the water being injurious to him and this probability is justified in the eyes of the people and he entertains fear on account of this probability.

679. If a person has sore eye and water is injurious,to him he should perform tayammum.

680. If a person performs tayammum on account of certainty or fear about water being injurious to him but realizes before offering prayers that it is not injurious to him, his tayammum is void. And if he realizes this after having offered the prayers again with ablutions or bath if time for it is available. However,if the time for the prayers has passed its qaza need not be performed.

681. If a person, who knows that water is injurious to him, takes bath or performs ablutions, but understands later that water is harmful to him, his ablutions and bath are in order if the harm is not to such an extent that it may be unlawful to bear it.

682. Fourth Condition: If a person fears that if he uses water to take bath, or to perform ablutions, he will be involved in hardship, he should perform tayammum. Tayammum is permissible on this account in the following three case: (i) In case he fears that if he uses the water for bathing himself or performing ablutions he will be involved in an acute thirst, which may result in his illness or death, or it will be very hard for him to bear. (ii) In case he fears that in the event of his bathing or performing ablutions the people whose care is obligatory for him may become ill or die on account of thirst. (iii) In case he fears, on account of lack of water, for others (whether human beings or animals) besides himself, and their death, illness or restlessness is hard for him to bear. In the absence of anyone or more of the three conditions mentioned above it is not permissible to perform tayammum when water is available.

683. If besides the pure water which a person has for ablutions or bath he has also as much impure water as is required by him and his people for drinking, he should preserve the pure water for drinking and offer prayers after performing tayammum. However, if water is required for an animal or a minor child he should give the impure water to them and should use the pure water for ablutions or bath.

684. Fifth Condition: If the body or dress of a person is impure and he possesses only as much water as is likely to be exhausted, if he takes a bath or washes his dress, he should, take a bath or wash his dress, and offer his prayers after performing tayammum. However, if he does not possess anything with which to perform tayammum he should use the water for bathing or for ablutions and offer his prayers with impure body or dress.

685. Sixth Condition: If a person possesses unlawful water or container (for example if these things have been usurped) he should perform tayammum instead of bathing or ablutions.

686. Seventh Condition: When the time left for offering prayers is so short that it a person bathes or performs ablutions he would be obliged to offer the entire prayers or a part of it after the prescribed time, he should perform tayammum.

687. If a person intentionally delays offering the prayers so much that no time is left for bathing or performing ablutions he commits a sin no doubt, but the prayers offered by him after performing tayammum will be in order, although recommended precaution is that he should also reoffer the prayers.

688. In case a person is doubtful whether time will be left for prayers, in case he takes a bath or performs ablutions, he should perform tayammum (and then offer prayers).

689. If a person performs tayammum owing to shortage of time and does not perform ablutions after prayers in spite of his being able to perform it, and in the meantime the water which he has goes out of his hands, and in case his religious obligation be tayammum, he should perform tayammum for the later prayers although his first tayammum may not have been nullified.

690. If a person has water but because of shortage of time he begins offering prayers with tayammum and while he is offering prayers the water possessed by him goes out of his hands and if his religious obligation a tayammum the obligatory precaution is that for the later prayers he should perform tayammum again.

691. If a person has only so much time that he may perform ablutions or take bath and offer prayers without its recommended acts. Rather, if he does not have time even to recite the Surah (second Surah after Surah al-Hamd in prayers) he should take bath or perform ablutions and should offer the prayers without reciting the Surah.

Things On Which Tayammum May Be Performed

692. Performance of tayammum on earth, sand, a lump of clay or a stone is in order, but the recommended precaution is that if earth is available tayammum should not be performed on anything else. In case earth is not available it should be performed on sand or a lump of clay and in the absence of that on a stone.

693. It is in order to perform tayammum on gypsum or limestone. On the basis of obligatory precaution, however, tayammum should not be performed, without proper excuse, on baked gypsum or lime or baked bricks or mineral stones like agatestone ('Aqiq).

694. If it is not possible for a person to procure earth, sand, lump or clay or stone, he should perform tayammum on the dust which may have settled on a carpet or dress. And in case even dust is not available he should perform tayommum on wet earth. And in both the cases the obligatory precaution is that, if possible, he should also perform tayammum on the things mentioned above (gypsum, lime, brick and mineral stone). And if even dust and earth are not available he should perform tayammum on anyone of the said things. And if none of these things is available he should, on the basis of recommended precaution, offer prayers without performing tayommum, and it is obligatory that he should also reoffer the prayers.

695. If a person can procure clay by shaking carpet etc. performance of tayammum by him on dust is void. And similarly if he can make mud dry and procure clay from it performance of tayammum by him on wet mud is void.

696. If a person, who does not have water, possesses snow or ice he should, if possible, melt it into water and should perform. ablutions and take bath with it. And if it is not possible to do so and he does not also have anything on which performance of tayammum may be valid it is necessary that he should offer (Qaza) prayers after its prescribed time. And it is better that he should make the limbs of ablutions or bath wet with the snow or ice. And if even this is not possible he should perform tayammum on the snow or ice and should also offer prayers in time.

697. If a thing like straw, on which tayammum is void, is mixed with clay and sand tayammum cannot be performed on it. However, if that thing is so meager that it may be reckoned to have become extinct in the fine clay. tayammum on that clay and sand is valid.

698. If a person does not have anything on which to perform tayammum he should, if possible, procure it by means of purchase etc.

699. Performing tayammum on an earthen wall is valid and the recommended precaution is that if dry earth or clay is available tayammum should not be performed on wet earth or clay.

700. The thing on which a person performs tayammum should be pure and if he has no pure thing on which tayammum is in order, it is not obligatory for him to offer prayers. He should, however, offer the lapsed prayers and it is better that he should offer the same within the prescribed time also.

701. If a person is certain that performing tayammum on a particular thing is valid and performs tayammum on it but knows later that tayammum performed on it was void he should reoffer the prayers.

702. The thing on which a person performs tayammum and the place on which that thing is located should not have been usurped. Hence if he performs tayammum on usurped clay or places a clay which is his own property on the property of another person without obtaining his permission and performs tayammum on it his tayammum will be void.

703. Tayammum performed in usurped space is void. Hence, if a person strikes his hands on the earth in his own property and then enters the property of another person without obtaining his permission and draws his hands on his forehead his tayammum is void.

704. Tayammum on a usurped thing, or in usurped space, or on something which is possessed by one, who has usurped it, if performed in a state of forgetfulness or negligence, is in order. However, if a person usurps something himself and forgets that he has usurped it and performs tayammum on it or if he usurps a property and forgets that he has usurped it, and places the thing on which he is performing tayammum on that property, or performs tayammum in the space of that property, the same orders apply to him which apply to a person who performs an act intentionally.

705. If a person is imprisoned in a usurped place and both the water and earth of that place are usurped he should offer prayers with tayommum.

706. The thing on which a person is performing tayammum should if possible, have, on the basis of precaution dust which should stick to the hands, and after striking hands on it, he should shake them so that the dust may fall off.

707. It is abominable to perform tayammum on the earth of a pit, or a path or the saline earth on which a layer of salt has not settled. In case, however, a layer of salt has settled on the earth, performance of tayammum on it is void.

Method of Performing Tayammum In Lieu Of Bath Or Ablutions

708. The following 4 things are obligatory regarding tayammum which is performed in lieu of taking ceremonial bath or performing ablutions:
(i) Intention

(ii) Striking both the palms on the object on which tayammum is valid.

(iii) Wiping or stroking with the palms of both the hands the entire forehead and its two sides commencing from the spot where the hair of one's head grow up to the eyebrows and above the nose and as a precautionary measure the hands should also stroke the eyebrows.

(iv) The palm of the left hand should be wiped on the entire back of the right hand and thereafter the palm of the right hand should wipe the entire back of the left hand.

709. The recommended precaution is that tayammum whether it is in lieu of bath or ablutions should be performed in the following order: First, we should strike the hands on the earth and wipe the forehead and the back of the hands and then we should strike the hands on earth once again and wipe the back of the hands.

Orders Regarding Tayammum

710. If a person does not wipe even a small part of his forehead or the back of his hands his tayammum is void notwithstanding the fact that he does not wipe intentionally or does not know the rule or has forgotten the rule. However, scrutiny is also not necessary and it is sufficient if it can be said that the forehead and the back of the hands have been wiped.

711. In order to be sure that the prescribed part has been wiped, wiping should be done from slightly above the wrist, but wiping in between the fingers is not necessary.

712. On the basis of precaution the forehead and the back of the hands should be wiped downwards from above and their acts should be performed consecutively. And if a person allows so much gap between them that it may not be said that he is performed tayammum, his tayammum is void.

713. At the time of making intention the person concerned should specify whether his tayammum is instead of ablutions or instead of bath. And if it is obligatory for him to perform one tayammum and he intends to discharge his actual religious obligation his tayammum is in order, even though he may have erred in determining it.

714. On the basis of recommended precaution the forehead, the palm of the hands and the back of the hands of the person concerned should, as far as possible, be pure.

715. While performing tayammum one should remove the ring one is wearing and also remove any obstruction which may be present on his forehead or on the palms or back of his hands (for example, if anything is stuck on them).

716. In case a person has a wound on his forehead or on the back of his hands and it is bandaged with a cloth or something else which cannot be removed, he should wipe his hands on it. And in case the palm of his hand is wounded and, therefore, bandaged with a cloth or something else which cannot be removed, he should strike his hand along with the bandage on a thing with which it is permissible to perform tayammum and then wipe his forehead and the back of his hands.

717. There is no harm if there is hair on the forehead or on the back of hands of a man. However, if the hair of his head fall on his face the same should be pushed back.

718. If it is probable that a person has some hindrance on his forehead or on the palm or back of his hands and this probability is valid in the eyes of the people, he should verify the position so as to become sure and be satisfied that there is no such hindrance.

719. If the obligation of a person is tayammum and he cannot perform tayammum himself he should engage a deputy. And the one we becomes his deputy should make him perform tayammum with his own hands. However, if this is not possible the deputy should strike his hands on a thing on which it is lawful to perform tayammum and then draw it on that person's forehead and hands.

720. If a man doubts while performing tayammum whether or not he has forgotten a part of it, and if he has passed that stage, he should not pay attention to his doubt, and if that stage has not yet passed, he should perform that part.

721. If after wiping the left hand a man doubts whether or not he has performed his tayammum correctly when it is probable that at the time of performing tayammum he was mindful (to perform tayammum properly) his tayammum is valid, and his doubt is about the wiping of the left hand, it is necessary for him to wipe it except when he has done something which needs purity, or when continuity has been broken.

722. A person whose obligation is tayammum cannot perform it for prayers unless the time for prayers sets in. However, if he performs tayammum for some other obligatory or recommended act and his excuse (on account of which his religious obligation is tayammum) continues till the time for prayers sets in, he can offer his prayers with that tayammum.

723. If a person whose legal obligations is tayammum knows that his excuse will continue till the end of the time prescribed for prayers, he can offer prayers with tayammum during the early part of the time. However, if he knows that his excuse will cease to exist by the end of the time he should wait and offer prayers with ablutions or bath as the case may be. Furthermore, if he hopes that his excuse will be removed the obligatory precaution is that he should wait and offer prayers with ablutions or bath or should offer it with tayammum if too little time is left.

724. If a person, who cannot perform ablutions or take bath, is sure, or considers it probable, that his excuse will not be removed, he can offer the qaza of his past lapsed prayers with tayammum. However, if his excuse if removed afterwards he should offer those prayers again with ablutions or bath.

725. It is permissible for a person, who cannot take a ceremonial bath, or perform ablutions, to offer with tayammum the daily recommended prayers for which the time is fixed. However, if there is a probability that his excuse will cease to exist before the time for prayers is over (and he will be able to perform prayers after bathing or performing ablutions) it is better that he should not offer the daily recommended prayers during the earlier part of that time.

726. If a person who takes jabira bath and performs tayammum as a measure of precaution, and offers prayers after hath and tayammum and after the prayers a minor hadath takes place with him e.g. if he urinates, he should, as a measure of precaution, perform tayammum instead of bath for the later prayers and should also perform ablutions. And if the hadath takes place before the prayers, he should perform ablutions and tayammum for that prayers as well.

727. If a person performs tayammum on account of nonavailability of water or because of some other excuse his tayammum becomes void when that excuse ceases to exist.

728. The things which nullify ablutions also nullify the tayammum performed instead of ablutions, and the things which nullify bath also nullify the tayammum performed instead of bath.

729. If some obligatory baths are to be performed by a person but he cannot take bath, it is permissible for him to perform one tayammum instead of all those baths, and the recommended precaution is that for each of those baths he should perform one tayammum.

730. If a person who cannot take bath wishes to perform an act for which bathing is obligatory he should perform tayammum. And in case a person who cannot perform ablutions wishes to perform an act for which ablutions is obligatory he, too, should perform tayammum instead of ablutions.

731. If a person performs tayammum in lieu of bath for ceremonial uncleanness (Janabat) it is not necessary for him to perform ablutions for offering prayers. However, if he performs tayammum in lieu of other baths that tayammum does not suffice for ablutions and if he is unable to perform ablutions he should perform another tayammum in lieu of ablutions.

732. If a person performs tayammum instead of bath for ceremonial uncleanness and later something happens to him which makes ablutions void and if he cannot take bath for later prayers he should perform tayammum instead of bath and the recommended precaution is that he should also perform ablutions.

733. If a person should perform tayammum instead of ablutions or instead of bath to fulfil, for example, an act like offering prayers and if in the first tayammum he makes an intention to perform it instead of ablutions, or an intention to perform it instead of bath, and performs the second tayammum with the intention of carrying out his religious obligation it is sufficient.

734. If a person whose obligation is tayammum performs tayammum for some acts he can fulfil those acts which should be done with ablutions or bath so long as his tayammum and excuse continue. However, if his excuse was shortage of time or if he performed tayammum for offering prayers for a dead body or to go to sleep in spite of the fact that water was available with him he can perform only those acts for which he performed tayammum.

735. In some cases it is better that a person should reoffer the prayers which he has offered with tayammum; for instance:

(i) When he was afraid of harm caused by using water and made himself ceremonially unclean intentionally and offered prayers with tayammum.

(ii) When he knew or thought that he would not be able to procure water and made himself ceremonially unclean intentionally and offered prayers with tayammum.

(iii) When he did not go in search of water intentionally till the time for prayer became short and he offered the prayer with Tayammum and knew later that if he had made a search for water he would have been able to procure it.

(iv) When he delayed offering prayer intentionally and offered it with tayammum when its time was coming to an end.

(v) When he threw away water intentionally although he knew or thought that he would not be able to get water, and offered the prayers with tayammum.