Islamic Laws of Ayatullah Khui

Obligatory Ceremonial Baths

There are seven kinds of obligatory ceremonial baths: (i) Bath for ceremonial uncleanness (Janabat) (ii) Bath for menses (Hayz) (for women only) (iii) Bath for lochia (Nifas) (for women only) (iv) Bath for Istihaza (for women only) (v) Bath for touching a dead body. (vi) Bath for a dead body. (vii) Bath which becomes obligatory on account of one's having taken a vow or an oath to perform it.

Orders Regarding Janabat (Ceremonial Uncleanness)

351. A person becomes ceremonially unclean (Junub) by two things: (i) Sexual intercourse and (ii) Discharge of semen, whether it comes out when one is asleep or awake, or it is in a large or small quantity, or it comes out with lust or otherwise, or it comes out voluntarily or involuntarily.

352. Suppose some fluid comes out of the body of a person and he does not know whether it is semen or urine or something else. If it comes out with lust and leaps and after its coming out the body becomes feeble that wetness will be treated to be semen. But if all or some of these signs are not present the fluid will not be treated to be semen. In the case of sexually diseased person, however, it is not necessary that the fluid should leap while it comes out. On the other hand if it comes out with lust and the body becomes feeble at the time of its coming out it will be treated to be semen.

353. If a liquid substance comes out of the body of a man who is not a diseased person and it possess one of the three signs mentioned in the foregoing article and he does not know whether or not it also possesses other signs, and if before the coming out of that liquid substance he was with ablutions he can content himself with that ablutions. And if he was not with ablutions it is sufficient for him to perform only ablutions and it is not necessary for him to take bath.

354. It is recommended that a person should urinate after the seminal discharge. In case, therefore, he does not urinate and a liquid comes out of the penis after bath, and about it, it cannot be said whether it is semen or something else, it will be treated to be semen.

355. If a person has sexual intercourse with a woman and the male organ enters either of the secret parts of the woman up to the point of circumcision or more than that, both of them become unclean ceremonially, whether they are adults or minors and whether semen comes out or not.

356. If a person doubts whether or not his penis entered the body of the woman up to the point of circumcision it is not obligatory for him to take bath.

357. If (God forbid!) a person has sexual intercourse with an animal and semen comes out of his body it is sufficient for him to take bath, and if semen does not come out and he was with ablutions at the time of committing the unnatural act even then taking a bath is sufficient for him. However, in case he was not with ablutions at that time the obligatory precaution is that he should take bath and should also perform ablutions. And the same orders apply if one commits sodomy with a man or boy.

358. If semen moves from its place but does not come out or the person concerned doubts whether or not semen has come out of his body, taking bath is not obligatory for him.

359. If a person cannot take bath but can perform tayammum he can have sexual intercourse with his wife even when the time for prayers has commenced.

360. If a person observes semen on his dress - and knows that it is his own semen and he has not taken bath on that account, he should take bath. He should also re-offer those prayers about which he is certain that he offered them after the discharge of semen. However, it is not necessary for him to re-offer those prayers about which there is a probability that he offered them before the discharge of semen.

Unlawful Acts for Ceremonially Unclean Person (Junub)

361. The following five things are unlawful for junub: (i) To touch with any part of his body the writing of the holy Qur'an or the Names of Almighty Allah in whichever language they may have been written. And it is better that the names of the holy Prophet and Imams and Lady Fatima Zahra (peace be on them) should also not be touched in that condition. (ii) Entering Masjidul Haram or Masjidun Nabi, even though it may be only entering from one gate and going out of another. (iii) To stay in all other Masjids except Masjidul Haram or Masjidun Nabi, and similarly, on the basis of obligatory pre- caution, to stay in the shrines of the holy Imams. As regards the Masjids other than Masjidul Haram and Masjidun Nabi, however, there is no harm if a person enters through one gate and goes out of another (iv) To go and place something in the Masjid, or to enter or take out something from it even from outside. (v) To recite any one of those verses of the holy Qur'an on the recitation of which performance of prostration becomes obligatory. These verses occur in four surahs of the holy Qur'an: (i) Surah Alif Lam Mini as-Sajdah, 32:15 (ii) Surah Ha Mim Sajdah, 41:98 (iii) Surah an-Najm, 59:62 and (iv) Surah al- 'Alaq, 96:19.

Things Which are Abominable for Junub

362. The following nine things are abominable for junub: (i) To eat (u) or to drink. In case, however,the person concerned performs ablutions or washes his hands, eating and drinking will not be abominable for him. (iii) To recite more than seven verses of the holy Qur'an in which an obligatory prostration does not occur. (iv) To touch with any part of his body the cover, the margin or border of the holy Qur'an or the space between its lines. (v) To keep the holy Qur'an with oneself. (vi) To sleep. But it would not be abominable to sleep if the person concerned performs ablutions or performs tayammum instead of ceremonial bath on account of non-availability of water. (vii) To dye one's hair with henna etc. (viii) To apply oil on one's body. (ix} To have sexual intercourse after nocturnal pollution (i.e. discharge of semen during sleep).

Bath for Ceremonial Uncleanness (Janabat)

363. Bath for janabat is recommended in itself but becomes obligatory for offering obligatory prayers or other similar acts of worship. However, it is not obligatory for offering prayers for a dead body or for sajdatus sahu (prostration on account of oversight) or sajdatush shukr (prostration for thanksgiving) or for the obligatory prostrations for reciting the four particular verses of the holy Qur'an. (Vide Article 36:V)

364. At the time of taking ceremonial bath it is not necessary that one should express in words one's intention to perform obligatory bath or recommended bath. It is sufficient if one performs the bath with the intention of complying with Allah's orders.

365. If a person is sure that time for prayers has set in and intends to perform obligatory bath, but comes to know after performing the bath that it has been performed before the time for prayers had set in, the bath would be in order.

366. There are two methods of performing ceremonial bath, whether the bath be obligatory or recommended: (i) Sequence Bath (Ghusl tartibi) and (ii) Immersion bath (Ghusl Irtimasi).

Sequence Bath (Ghusl Tartibi)

367. In sequence bath a person should first intend to take a bath. Thereafter he should first wash his head and then his neck and thereafter the remaining parts of his body and it is better that he should wash the right part of his body first and the left part afterwards And in case he only moves each one of these parts under the water with the intention of ceremonial bath (Ghusl), it is difficult to consider sequence bath having been performed properly and the precaution is that one should not content oneself with it. And in case the person concerned washes his body before washing his head, either intentionally, or on account of forgetfulness or because of not knowing the rule, his bath is void.

368. If the person concerned washed his body before his head it is not necessary for him to repeat the bath. On the other hand if he washes his body again before happening of any such thing, which invalidates his bath, his bath will be in order.

**369.**In order to ensure that both the parts (head and neck; and remaining part of the body have been washed properly one should, while washing a part, also include some portion of the other part with it.

370. If after taking the bath the person concerned realizes that he has not washed some part of the body but does not know which part of the body it is, it is not necessary to wash the head again and only those places should be washed about which there is a possibility that they have not been washed.

371. If a person realizes after taking bath that he has not washed a part of his body it is sufficient to wash only that part in case it lies on the left side. However, if that part lies on the right side the recommended precaution is that after washing that part of the body he should wash the left side once again. And if the unwashed part is that of head and neck he should, after washing that part, wash the body once again.

372. If a person doubts before completing his bath whether he has washed a part on the left or right side it is necessary for him to wash that part and if he doubts about his having washed a part of his head and neck his doubt is not valid and his bath is in order.

Immersion Bath (Ghusl Irtimasi)

373. In the case of immersion bath it is necessary that the entire body should go down in water at one and the same time. In case a person dives in water with the intention of immersion bath and his feet touch the earth he should lift them up.

374. It is necessary, on the basis of obligatory precaution, that when a person intends to perform immersion bath a part of his body should be out of water.

375, If after performing immersion bath it becomes known that water has not reached some part of the body one should take the bath again, whether the part up to which water has not reached is known to him or not.

376. If somebody does not have sufficient time for sequence bath, he should perform immersion bath.

377. If a person is observing an obligatory fast for which the day is fixed or if he has put on Ehram (pilgrim's garb) for Umra or Hajj he is not allowed to perform immersion bath. In case, however, he performs it by mistake his bath will be in order.

378. It is not necessary that the entire body of a person should be pure before immersion bath or sequence bath. On the other hand if the body becomes pure by diving in water or pouring water over one's body with the intention of ceremonial bath the bath will be in order.

Other questions on Ghusl

379. If a person has become ceremonially unclean (junub) on account of an unlawful act, takes a bath with warm water, his bath will be in order even though be may be perspiring at that time and the recommended precaution is that be should take bath with cold water.

380. If while taking bath a part of the body, however small it may be remains unwashed the bath is invalid. But, it is not obligatory to wash, the inside of the ear or nose and other places which are reckoned to be the interior of the body.

381. If a person doubts whether a particular part of the body is to be treated as its exterior or interior and if previously that part was treated to be the exterior it should be washed. Other- wise it is not obligatory to wash it.

382. If the hole for wearing an earring and any other similar thing is so wide that its interior is treated to be exterior it should be washed, but otherwise it is not necessary to wash it.

383. A thing which prevents water reaching the body should be removed, and if the person concerned takes bath before he becomes sure that thing has been removed his bath is void.

384. If at the time of taking bath the person concerned doubts whether or not there is something on his body which prevents water reaching it he should make investigation until be is satisfied that there is no such impediment.

385. While taking bath the person concerned should wash the short hair which are treated to be a part of the body. Washing of the long hair is not, however, obligatory. On the other hand if he makes water reach the skin in such a way that those long hair do not become wet his bath is in order. However, if it is not possible to make water reach the skin without washing those hairs he should wash them so that water may reach the body.

386. The conditions mentioned before for the validity of ablutions (e.g. the water being pure and not having been usurped) are also applicable for the validity of ceremonial bath. However, in the case of bath it is not necessary that the body should be washed downwards from the head. Moreover, it is not necessary in the case of sequence bath that the body should be washed immediately before washing the head and the neck. There is no need, therefore, in one's waiting for some time after washing one's head and neck and then washing one's body. It is not necessary that one should wash one's head, neck and body in one instance. For example it is possible if a person washes his head first, and then washes his neck after the lapse of some time. In case, however, a man who cannot control his urine or faeces but can control them for so much time that he could be able to offer prayers after bath then he should take bath at once and offer his prayers immediately.

387. If a person intends defer payment to the bath-keeper (of public bath-house) without knowing whether he is agreeable to it his bath is void, even though he may later make the bath-keeper agreeable to this agreement.

388. If the bath-keeper is agreed to the bath being taken on credit but the person taking bath intends not to pay the wages to him or to pay him out of the property which has been acquired illegally his bath is void.

389. If a person pays to the bath-keeper out of money whose Khums (1/5 of the yearly profit see: Article 1160) has not been paid by him he commits an illegal act but apparently his bath is in order and he remains responsible to pay Khums to those persons who are entitled to it.

390. If a person purified the outlet of faeces with the water of the reservoir of the bath-house and doubts before taking bath as he has purified the outlets of faeces with the water of the reservoir whether or not the bath-keeper is agreeable to his taking bath his bath is void. It is valid if before taking bath the parties the bath-keeper agree to it.

391. If a person is in doubt whether he has taken bath or not he should take bath. However, if doubt arises in his mind after taking bath as to whether he has taken bath correctly or not and the probability may be that he exercised care while taking bath it is not necessary for him to take bath again.

392. If while taking bath a minor hadath (uncleanness) takes place e.g. if he urinates he should abandon that bath and take a fresh bath and if he wishes to take a sequence bath he should, on the basis of recommended precaution, perform ablutions as well.

393. If the legal obligation of a person is tayammum on account of shortage of time, but he takes bath under the impression that there is sufficient time for taking bath and offering prayers, his bath will be in order, provided that he took bath with the intention of complying with the orders of Allah. In fact the bath would be in order even if he performed it with a view to offer prayers.

394. If a person becomes ceremonially unclean and doubts whether or not he took bath and if there is a possibility that when he began offering prayers he had the matter in mind the prayers which has already offered are in order, but he should take bath for future prayers. And in case of minor hadath (discharge of urine or gas from rectum ) after the prayers it is necessary that he should also perform ablutions and if there is still time he should repeat the prayers which he has offered already.

395. If a person is under obligation to perform a number of baths he can take one bath with the intention of performing all of them. And the apparent possibility is that if he takes bath with the intention of taking one bath it will suffice for the rest.

396. If a verse of the holy Qur'an or a Name of the Almighty Allah is written at a place on the body of a person and if he wishes to perform sequence ablutions or to take sequence bath he should make water reach his body in such a way that his hands do not reach the writing.

397. If a person takes the ceremonial bath of janabat, it is not necessary for him to perform ablutions for prayers. In fact one can offer prayers without performing ablutions after obligatory bath (except the bath for middle Istihaza) as well as after recommended bath (See: Article No. 651), although as a precautionary measure it is recommended that one should also perform ablutions.