Islamic Laws of Ayatullah Khui

Taharat

Pure and Mixed Water

15. Water is either pure or mixed. Mixed water (Mā ul muzaf) means the water which is obtained from something (e.g. from a melon or a rose), or that water in which something else is mixed for example, so much dust is mixed in it that it may no longer be called water). Mixed water does not purify anything and it is also not valid to take ceremonial bath (Ghusl) or to perform ablutions (Wudhu’) with it. Any water other than mixed water is called pure water (Maul mutlaq) and there are five kinds of it: (i) Kurr Water, (ii) Under-Kurr Water, (iii) Running Water, (iv) Rain Water, (v) Water of a Well.

Kurr Water

16. Water, which fills a container whose length, breadth and depth are three spans each is equal to a Kurr; it is about 884 liters.

17. If original Impurity like urine, or blood or anything which has become impure (Najis) (e.g. an impure cloth) falls in Kurr Water and the water acquires the smell, color or taste of that impurity it becomes impure, but if it does not acquire the smell, color or taste of the impurity it does not become impure.

18. If the smell, color or taste of Kurr water changes owing to something which is not intrinsically impure, it does not become impure.

19. If an original impurity like blood etc. reach water which is more than a Kurr and changes the smell, color or taste of a part of it, and the remaining part of water the smell etc. of which has not changed is less than a Kurr, the entire water becomes impure, and if it (i.e. the remaining part) is one Kurr or more than that, only that part will become impure the smell, color or taste of which has changed.

20. If the water of a spring which gushes out in torrents, joins a water which is equal to a Kurr, the water of the spring purifies the impure water. However, if it falls on the impure water in the shape of drops it does not purify it except that something is placed before the spring so that before its water is divided into drops it may join the impure water, and it will be better if the water of the spring is totally mixed with the impure water.

21. Suppose an impure thing is washed under a tap which is connected with pure water equal to a Kurr, and if the water which drops from that thing joins the water which is equal to a Kurr and does not contain the smell, color or taste of the impurity, and original impurity is also not in it, that water will be pure.

22. If a part of Kurr water freezes and the remaining water is not equal to a Kurr and impurity reaches it, it becomes impure and the quantity of ice which melts and becomes water also becomes impure.

23. If the quantity of water is equal to a Kurr and later one doubts whether it has become less than a Kurr it will be treated to be equal to a Kurr i.e. it purifies an impure thing and does not become impure if an impurity (Najasat) reaches it. And if water was less than a Kurr and one doubts whether it has become equal to a Kurr it will be treated as under-Kurr water.

24. There are two ways for deciding that the quantity of water is equal to a Kurr: (i) A person should be sure about it personally and (ii) Two men who are just should say so. And it is not unlikely that the word of one just man and even of a reliable person in this behalf should be sufficient.

Under-Kurr Water

25. Under-Kurr water means water which does not spring up from the earth and its quantity is also less than a Kurr.

26. If under-Kurr water is poured on something which is impure it becomes impure, or if an impure thing contacts it, it becomes impure. However, if such water falls on an impure thing from above, only that part of it which contacts it will become impure, and the water above it will be pure (Tahir).

27. Under-Kurr water which is thrown on something to remove the original impurity (Najasat) from it and gets separated from it is impure. However, the under-Kurr water which is thrown on a thing to purify it after the original impurity has been separated from it will be pure after getting separated from it provided that the place of impurity is purified immediately after water is thrown on it. For example if the place of impurity is a thing which becomes pure after washing once and does not also contain an original impurity its washed out water i.e. the water which gets separated from it at the time of washing is pure. However, if a thing must be washed twice, then on the basis of obligatory precaution, its first washed out water should be considered impure, and the washed out water of its second washing is pure.

28. The water with which the outlets of urine and stool are washed is pure subject to the following five conditions: (i) It does not have the smell, color or taste of the impurity. (ii) An impurity has not reached it from outside. (iii) Any other impurity like blood has not come out with urine or stool. (iv) Particles of stool do not appear in the water. (v) More than usual impurity has not reached the sides of the outlet

Running Water

29. Running water is that water which springs up from the earth and begins to flow (e.g. the water of a spring or a canal). Even if such water is less than a Kurr it does not become impure by contacting an impurity so long as it does not acquire the smell, color, or taste of that impurity.

30. If an impurity reaches the running water that part of the water, whose smell, color, or taste changes on account of the impurity, is impure and that side which is connected with a spring is pure although it may be less than a Kurr. As regards the water of the other side of the canal if it is equal to a Kurr or is connected with the water of the side of the spring by means of the water which has not changed, it is pure, but otherwise it is impure.

31. The water of a spring which is not running but is such that if water is taken from it, it gushes once again is as good as running water i.e. if an impurity reaches it, it is pure so long as its smell, color or taste does not change because of the impurity.

32. When water adjacent to the bank of a canal is stationary and is connected with running water it does not become impure if its smell, color or taste does not change by meeting an impurity.

33. When, for example, the water of a spring gushes m winter but ceases to gush in summer, it can be treated as running water only when it gushes.

34. If the water of the basin of a bath-room (Hammam) is less than a Kurr but is connected with a store of water which when added to the water of the basin becomes equal to a Kurr it does not become impure by meeting an impurity if its smell, color or taste does not undergo a change.

35. If the water of the pipes of bathrooms and buildings, which pours through taps and showers, becomes equal to a Kurr after the addition of the water of the tank with which they are connected, it is treated to be Kurr water.

36. If water flows on the earth but does not gush from it and its quantity is less than a Kurr and an impurity reaches it, it becomes impure. However, if the water is flowing with pressure and, for example, if the impurity touches its lower part its upper part will not become impure.

Rain Water

37. An impure thing becomes pure if rainwater falls on it once, provided that it does not contain an original impurity. It is also not necessary to squeeze a carpet or a dress after rainwater has fallen on it. However, it is not sufficient that only a few drops of rain should fall on it. On the other hand it is necessary that so much rain should fall that it could be said that it has really rained.

38. If it rains on an original impurity and splashes elsewhere, but the original impurity is not included in the water and it does not acquire the smell, color or taste of the impurity, that water is pure. Hence, if it rains on blood and then splashes and particles of blood are present in the water or it acquires the smell, color or taste of blood, it is impure.

39. If there is original impurity on the ceiling or roof of a building then so long as it rains on the roof the water, which touches an impure thing and comes down from the ceiling or fall down from the rainwater pipe, is pure. However, if after it has ceased to rain and it becomes known that the water which is falling has touched an impure thing, that water is impure.

40. The impure place on which rain falls becomes pure, and if the rainwater begins flowing on the ground and, while it is still raining, reaches an impure place on the ceiling it purifies that place as well.

41. Impure dust which assumes the shape of mud by means of rain becomes pure.

42. If rainwater collects at a place (although its quantity may be less than a Kurr) and an impure thing is washed in it while it is raining and the water does not acquire the smell, color or taste of the impurity, that impure thing becomes pure.

43. If it rains on a pure carpet which is spread on an impure earth and the water begins flowing on that impure earth the carpet does not become impure and the earth, too, becomes pure.

Water of a Well

44. If the water of a well springs up from earth (although its quantity may be less than a Kurr) that water does not become impure owing to something impure falling in it, unless its color, smell or taste is also changed. However, it is recommended that, in the event of some impurities falling in it, water should be pulled out of the well in the prescribed quantity. Details about this quantity are given in the relevant books.

45. If an impurity falls in a well and changes the smell, color or taste of its water the water will become pure when the change in its smell etc. is removed. And it is better that this water should become mixed with the water which gushes from the well.

46. If rainwater is collected in a pit and its quantity is less than a Kurr it will become impure if an impurity reachesitafter it has ceased to rain.

47. Mixed water, the meaning whereof has been explained in Article 15 does not purify any impure thing and it is also not correct to take ceremonial bath or to perform ablutions with it.

48. Mixed water, however large its quantity may be, becomes impure if a small particle of an impurity falls in it. However, if such water falls on an impure thing from above, or with pressure that portion of it which touches the impurity will become impure, and that portion which does not touch the impurity will remain pure. For example, if rose water is sprinkled on an impure hand from the rose-water bottle, that part of it which reaches the hand will be impure and that part which does not reach the hand will remain pure.

49. If impure mixed water is mixed with Kurr water or running water in such a way that it can no longer be called mixed water it becomes pure.

50. The water which was pure and it is not known whether it has reached the stage of mixed water will be treated to be pure water i.e. it will purify an impure thing and it will also be in order to perform ablutions and ceremonial bath with it and if it was mixed water and it is not known whether it has become pure water or not it will be treated to be mixed water i.e. it will not purify an impure thing and it will also be invalid to perform ablutions or ceremonial bath with it.

51. The water about which it is not known whether it is pure or mixed and it is not known whether it was pure or mixed previously does not purity an impurity and it is also not permissible to perform ablutions or ceremonial bath with it and it becomes impure when an impurity reaches it, although it may be equal to a Kurr or more than that.

52. When an original impurity like blood and urine reaches water and changes its smell, color or taste it becomes impure although it may be Kurr-water or running water. However, if the smell, color or taste of the water changes owing to an impurity which is outside it for example, if a corpse, which is lying by the side of the water, changes its smell - the water does not become impure.

53. If the water in which original impurity like blood or urine falls and changes its smell, color or taste, joins Kurr-water or running water or rain water falls on it, or wind makes the rain water fall on it or rain water falls on it through rain-water pipe

54. If an impure thing is purified in Kurr-water or running water the water, which falls from it, after the washing with which it becomes pure, is pure.

55. The water, which was pure, and it is not known whether or not it has become impure, is pure; and the water, which was impure and it is not known whether or not it has become pure, is impure.

56. The leavings of a dog, a pig and an infidel, who is not one of the people of the Book, and on the basis of obligatory precaution even the people of the Book (like Jews and Christians), are impure and it is unlawful to eat or drink the same. However, the leavings of the animal whose meat is unlawful, are pure, and with the exception of cat, it is abominable to eat or drink the leavings of all such animals.

The Use of Lavatory

57. It is obligatory to conceal one's private parts, while evacuating one's bowels or bladder as well as on other occasions, from adult and sane persons even though they be one's near relatives (like mother, sister etc.) Similarly it is obligatory to conceal one's private parts from insane persons or intelligent children who can differentiate between good and evil. However, husband and wife are exempted from this obligation.

58. It is not necessary for a person to conceal his/her private parts with a particular thing and it is sufficient if, for example, he/she conceals them with his/her hand.

59. When evacuating one's bowels or bladder the front or the back part of one's body should not face the holy Ka'bah.

60. If at the time of evacuating one's bowels or bladder the front part of the body or back faces the holy Ka'bah the turning of private parts from the side of the Ka'bah is not sufficient and if the front part of the body or back does not face the Ka'bah the obligatory precaution is that one should not turn one's private parts in such a way that the front part or back of it should be facing the Ka'bah.

61. Recommended precaution is that while performing Istibra’ (the process of cleaning the urethra: see Article 73), and at the time of purifying the outlets of urine and stool the front part or the back part of one's body should not face not be opposite the holy Ka'bah. 2. When one is obliged to sit facing or with his back to Qibla, so as to avoid somebody seeing him or her, or when there is an unavoidable excuse for sitting that way, it is permissible to do so.

69. Obligatory precaution lies in this that a child should not be made to sit for evacuating his/her bowels or bladder in such a way that his/her face or back may be opposite the holy Ka'bah. However, if the child himself/herself sits in such a way it is not obligatory to restrain him/her from doing so.

64. It is prohibited (Haram) to evacuate one's bowels or bladder at the following four places: (i) In blind alleys without the permission of the people of those alleys. (ii) In the property (land) of a person who has not granted permission for its use for this purpose. (iii) At a place which is reserved for a particular group (e.g. school, hostel, orphanage etc.). (iv) On the graves of the believers or at the sacred places whose use for these purposes amount to their desecration.

65. In the following three cases anus can be purified only with water: (i) If another impurity also comes out along with the faeces. (ii) If an external impurity touches the anus. (iii) If more than usual impurity spreads on the anus. In the cases other than those mentioned above, anus can be purified either by water or by using tissue paper, cloth or stone etc., although it is better to wash it with water. (for details: see Article 68 - 70).

66. The urinary organ cannot be purified without water. It would suffice if after washing the original impurity the urinary organ is washed once with Kurr water or with running water. However, in the case of under-Kurr water the obligatory precaution is to wash it twice and it is still better to wash it thrice.

67. If the anus is washed with water it is necessary that no trace of faeces should be left on it. However, there is no harm in its color and smell remaining there. And if it is washed in such a way in the first instance that no particle of stool remains there it is not necessary to wash it for the second time.

68. The anus can be purified with stone, clod or cloth provided they are dry and pure and there is no harm if they have slight moisture, which does not reach the outlet.

69. The obligatory precaution is that there should be three pieces of stone or clod or cloth with which the faeces is to be removed. And if it is not removed with three pieces one should increase the number to such an extent that the outlet is purified fully. However, there is no harm if its small particles which cannot be seen are still there.

70. It is unlawful to purify the anus with things which must be respected (e.g. a paper on which the names of Allah and those of the Prophets are written) and it is hard to say that the outlet may become pure with a bone or with dung.

71. If a person doubts whether or not he has purified the out- let it is necessary that he should purify it although he may have been purifying it always as a matter of habit after evacuating bowels or bladder.

72. When a person doubts after offering prayers whether he purified the outlet before offering prayers and the probability is that before commencing the prayers he had taken notice of his condition the prayers offered by him will be valid but for the next prayers he must purify the outlet.

Istibra’ (The Process of Cleaning the Urethra)

73. Istibra’ is a recommended act which is performed by men after urinating. Its object is to ensure that no more urine is left in the urethra. There are certain ways of performing Istibra’ and the best of them is that if after the passing of wind the anus also becomes impure it should be purified first. Thereafter the portion from the anus up to the root of male organ should be pressed thrice with the middle finger of the left hand. Then the thumb should be placed on the penis and the forefinger should be placed below it and it should be pressed thrice up to the point of circumcision and the front part of the male organ should be jerked thrice.

74. The liquid which comes out of the penis of man after joking and jesting with or embracing a woman and is called 'Mazi' is pure and same is the case with the liquid which at times comes out after semen, and is called 'Wazi' Similarly the liquid which at times comes out after urine and is called 'Wadi' is pure, if urine does not reach it. And if a person performs Istibra’ after urinating and then liquid comes out of his penis and he doubts whether it is urine or one of the above- mentioned three liquids that liquid is pure.

75. If a person doubts whether he has performed Istibra’ or not and a liquid comes out of his penis about which he does not know whether it is pure or not that liquid is impure and if he has performed ablutions it becomes void. However, if he doubts whether he performed the Istibra’ correctly or not and a liquid comes out of his body about which he does not know whether it is pure or not that liquid is pure and it does not also invalidate the ablutions.

76. If a person performed Istibra’ after urinating and also per- for ablutions and if after ablution a liquid comes out of his body which he considers to be urine or semen it is obligatory for him to perform ceremonial bath as a precautionary measure and also to perform ablutions. However, if he has not already performed ablutions it is sufficient to performed ablutions.

77. In case a person does not perform Istibra’ after urinating and on account of sufficient time having passed since he urinated he is sure that no urine is left inside the urinary organ and in the meantime some liquid discharges from it about which he is not sure as to whether it is pure or not, that liquid is pure and does not also make the ablutions void.

78. Istibra’ is not prescribed for female after urinating and if a liquid comes out of her body and she doubts whether it is urine that liquid is pure and it does not also invalidate ablutions and ceremonial bath.

Recommended and Abominable Acts

79. When a person enters the lavatory it is recommended (Mustahab) that he should first place his left foot inside it and having covered his head he should sit at a place where no one can see him. It is also recommended that he should place the weight of his body on the left foot, and while leaving the lavatory he should first place his right foot.

80. It is abominable (Makrooh) to face the sun or the moon while evacuating bowels or bladder. But if a person somehow covers his private parts it is not abominable. Apart from this it is not desirable to sit for urinating etc. facing the current of the wind; it is also abominable to sit on the roadside or in lanes and y lanes or in front of the doors of the house or under the shade of the fruit-yielding trees. It is also not desirable to eat something in this condition or take more than usual time sitting there or to wash with the right hand. Unnecessary talking is also not desirable. However it does not matter if one is constrained to talk or if one utters Allah's words.

81. It is abominable to urinate while standing, or on hard earth, or in the holes of the animals, or in the water (especially standing water).

82. It is also abominable to suppress evacuation of bowels or ladder, and unlawful if it is injurious for health.

83. It is recommended that one should urinate before offering prayers, sleeping and having sexual intercourse, and after the seminal discharge.