Kashaf-ul-haqaiq

CHAPTER 7: DIFFERENCES

The basis of difference of views is not knowledge, but rather lack of it. It is not a hidden fact from people of intellect that where two people differ from each other, then either both of them are in the wrong or at least one of them is. It is simply not possible for both of them to be right.

Those who possess knowledge will never differ as there is only one reality and they will have grasped it. Imagine a classroom of fifty students where the teacher asks them to add ten and fifteen and give him the correct answer. Those students who have knowledge will give the correct answer of twenty five and all their answers will be the same, whereas all those who answer incorrectly will differ amongst each other. In the same way if a thousand people were to be presented with a problem and if they have the correct knowledge, then they will all apply the same solution to it, and if they are ignorant then they will differ. This difference of opinion itself proves their ignorance. You will have to conclude they either all of them are wrong or only one of them can be correct. But to be told that all of them are correct and we can act on any of them that we feel like, bears testimony to their ignorance and straying from the right path.

It is a well known fact that truth is only one. Wherever there is error and straying there will be differences. These differences prove that there is no truth there and unanimity proves that there is only one truth. It is not possible that there will be no differences in falsehood. This is a protection given to truth from Allah (s.w.t.) and this cannot be refuted.

There is a long tradition from Al Kafi - Book of Divine Authority, about differences, which I shall not be quoting here due to its length, but I would like to give you the conclusion of it by Mufti Ja’far Husayn about it: ‘Whoever is prone to error will always end up with differences in his commands and in this situation there will be tampering with the Commands of Allah (s.w.t.)’.

Difference being proof of falsehood, is such a simple truth that even the layman can understand it. If an arrogant person wishes to oppose it then so be it, but otherwise everyone will accept it. I have been hearing for many years now that the reason why the Sunnis are wrong is because they have four Imams who all disagree with each other. On the other hand, despite the fact that we have twelve Imams (a.s.) they have never differed amongst them on any issue. Whatsoever was said by the first was said by the middle of them and was reiterated by the last of them. And this proof of being on the right has always been presented among the Shiites and accepted by them. Even Allah (s.w.t.) has made this as a proof of His message.

[Shakir 4:82] Do they not then meditate on the Quran? And if it were from any other than Allah, they would have found in it many a discrepancy.

The following points emanate from this verse:

1.It is incumbent upon all to ponder over the Holy Quran. This command is not for a particular group of people and that the rest of the community is free from this responsibility.

2.This pondering over the Holy Quran is to see whether there are any discrepancies in it.

3.As we are not capable to get to all the meanings of the Holy Quran, we are therefore in need of guidance from those who have been endowed with such knowledge, and Allah (s.w.t.) has introduced them as such.

[Shakir 29:49] Nay! These are clear communications in the breasts of those who are granted knowledge; and none deny our communications except the unjust.

We should take our guidance from them and believe that there are no discrepancies in the Holy Quran. History bears witness that in every age there have been people who have taken up this challenge of Allah (s.w.t.) and by looking at the apparent meaning of the Holy Quran they have tried to present differences and contradictions in the Holy Quran. A book titled ‘Tanafuz Ul Quran’ was published on this subject, and history is also witness to the fact that no one had the spirit to shut these people up. It was only the Ahl Ul Bayt (a.s.) who defended the Holy Quran every time. This is why, until such time that recourse is not taken from the Holy Infallibles (a.s.) to ponder over the Holy Quran, no benefit will be derived from it. Even though decisions made are based on the Holy Quran, if they are not based upon the explanations of the Holy Infallibles (a.s.) then these decisions will always be false.

1.In the statements of anyone other than Allah (s.w.t.) there will always be differences, otherwise Allah (s.w.t.) would not have made this the basis of His argument.

2.Those that do not differ in their statements cannot be regarded as being ‘other than Allah (s.w.t.)’.

You will have noticed that Allah (s.w.t.) has given many decisions in just one Verse. It has also been concluded that whosoever displays discrepancies in his statements, will be a representative of falsehood. You can go through the whole of the Holy Quran and you will find nothing but condemnation of discrepancies. You will never find a single Verse where discrepancies have been appreciated. In fact the purpose of the Prophet-hood of the Prophets has been to remove differences between the people. I will not present all the verses in condemnation of discrepancies, and so for the sake of brevity I shall give you examples of just a few.

[Shakir 2:213] (All) people are a single nation; so Allah raised prophets as bearers of good news and as warners, and He revealed with them the Book with truth, that it might judge between people in that in which they differed; and none but the very people who were given it differed about it after clear arguments had come to them, revolting among themselves; so Allah has guided by His will those who believe to the truth about which they differed and Allah guides whom He pleases to the right path.

[Shakir 16:64] And we have not revealed to you the Book except that you may make clear to them that about which they differ, and (as) a guidance and a mercy for a people who believe.

[Shakir 3:105] And be not like those who became divided and disagreed after clear arguments had come to them, and these it is that shall have a grievous chastisement.

[Shakir 5:48] And We have revealed to you the Book with the truth, verifying what is before it of the Book and a guardian over it, therefore judge between them by what Allah has revealed, and do not follow their low desires (to turn away) from the truth that has come to you; for every one of you did We appoint a law and a way, and if Allah had pleased He would have made you (all) a single people, but that He might try you in what He gave you, therefore strive with one another to hasten to virtuous deeds; to Allah is your return, of all (of you), so He will let you know that in which you differed;

[Shakir 6:164] Say: What! shall I seek a Lord other than Allah? And He is the Lord of all things; and no soul earns (evil) but against itself, and no bearer of burden shall bear the burden of another; then to your Lord is your return, so He will inform you of that in which you differed.

[Shakir 7:178] Whomsoever Allah guides, he is the one who follows the right way; and whomsoever He causes to err, these are the losers.

You will notice from the above verses that the singular form has been used for the ‘guided one’ whereas for the ‘losers’ it is in its plural form. The commentary in Tafseer Saafi, this has been explained thus: ‘Since those who are guided aright are one in their guidance and on the same path therefore the singular form has been used, whereas those who go astray have differing paths, the plural form has been used for them’.

You have read the above verses and will have drawn certain conclusions from them; however, I would like to draw your attention to some of them.

1.The purpose of all Prophets was to remove difference amongst their respective nations.

2.The purpose of revelation to the Holy Prophet (s.a.w.) was to remove differences amongst us.

3.A grievous punishment has been prepared for those that create differences.

4.The Holy Prophet (s.a.w.) was commanded to decide as per the Holy Quran.

5.It has been prohibited to abandon the divine commands and act according to one’s desires.

6.The laws of Sharia are a test for the people so that it can be known as to who is acting according to divine commands and who is acting upon his own self.

7.Those who create differences and spread them will know the result of their actions on the day of judgement.

8.Everyone will have to bear their own burden. This is a negation of the view that if one were to act according to the fatwa of a Mujtahid then the responsibility lies solely with the Mujtahid and one will escape it.

9.In the sight of Allah (s.w.t.) the creators of differences have gone astray.

If, after going through the above Verses, someone were to still make differences, then I leave it to you to decide about him. Let us now turn to the Hadeeth of the Infallibles (a.s.) about this matter.

AL KAFI - H 643, Ch. 41, h7

Through the same chain of narrators it is narrated from abu Ja‘far, recipient of divine supreme covenant, who has said the following: “He has enabled the people who possess Divine Authority with knowledge. We are such people. Ask us. If we will acknowledge you then be steadfast, but you will not do so. Our knowledge is clear. The appearance of the appointed time for us in which religion will stand supreme through us so much so that there will remain no differences among people, for such time there is an appointed time that passes through the nights and days. When that time comes, the command of Allah will be only one. “I swear by Allah, it is already decreed that there will be no differences among the believers. For this reason they are made to witness the deeds of the people so that Muhammad, recipient of divine supreme covenant, will be witness over us and we will be the witnesses over our followers and our followers will be witnesses over the people. Allah, the Most Holy, the Most High, disdained to allow differences take place in His judgment or contradictions to take place among those who possess His knowledge.

AL KAFI - H 639, Ch. 41, h3

Through the same chain of narrators it is narrated from abu Ja‘far, recipient of divine supreme covenant, who has said the following: “Allah, the Most Holy, the Most High, has said about the Night of Determination, ‘. . in this night every absolute command coming from Us becomes distinguishable.’ (44:4) He has spoken of absolute and strong command. Absolute and strong command is not two things. It is only one thing. One who judges without disharmony and differences, his judgement is of the judgement of Allah, the Most Holy and the Most High. Whoever judges in a disharmonious manner, with differences, and considers it as the rightful way of judging he has judged with the judgement of the devil.

What I fail to understand is that after such clear guidance from the Holy Infallibles (a.s.) what other evidence would you need. I cannot convince one who stubbornly refuses to believe because it is possible to wake up one who is sleeping but it is impossible to wake up the one who is already awake. This is why I would like to appeal to those who use their intellect that since the Holy Infallibles (a.s.) are so much against differences that they have made it their main purpose, in what regard should we hold those whose main purpose is to create differences and spread them around through their system? If you were to bow your head in submission to the Holy Infallibles (a.s.) then I have nothing personal to gain from this. I am only doing this in love for my fellow believers in faith. For this I would like to present this statement of Imam Ali (a.s.) from Nahj Ul Balagah Sermon 18:

‘When a problem is put before anyone of them he passes judgement on it from his imagination. When exactly the same problem is placed before another of them he passes an opposite verdict. Then these judges go to the chief who had appointed them and he confirms all the verdicts, although their Allah is One (and the same), their Prophet is one (and the same), their Book (the Qur'an) is one (and the same). Is it that Allah ordered them to differ and they obeyed Him? Or He prohibited them from it but they disobeyed Him? Or (is it that) Allah sent an incomplete Faith and sought their help to complete it? Or they are His partners in the affairs, so that it is their share of duty to pronounce and He has to agree? Or is it that Allah the Glorified sent a perfect faith but the Prophet fell short of conveying it and handing it over (to the people)? The fact is that Allah the Glorified says: . We have not neglected anything in the Book (Qur'an) . (Qur'an, 6:38) And say that one part of the Qur'an verifies another part and that there is no divergence in it as He says: . And if it had been from any other than Allah, they would surely have found in it much discrepancy. (Qur'an, 4:82). Certainly the outside of the Qur'an is wonderful and its inside is deep (in meaning). Its wonders will never disappear, its amazements will never pass away and its intricacies cannot be cleared except through itself’. - SERMON NO. 18.

This sermon has cut off all the tongues of falsehood and has not left any excuse for those that issue differing views and verdicts. This is such a decisive sermon that any further explanation on this is like lighting a candle in front of the sun.

A TALE

I shall discuss this sermon in more detail later on, but first I would like to share with you something amusing that happened with me. I shared this sermon with a friend of mine about three years ago and told him to find me an answer to this and for which I gave him a year. I told him to think over it and ask whoever that he feels like for help. He replied after three years and I would like to share his reply with you in this book so that you can also understand what I have to say about this as well. His reply was: “I thought over this for a long time and I have realized that the Muftis referred to here by Imam Ali (a.s.) are the ones that were appointed by Muawiya and so what have our Muftis got to do with this”

Did you understand the strength of this argument? If I were to condemn a thief then it will only be a condemnation of that particular thief and not any other although it is the theft which is being condemned here and therefore whosoever were to steal then this condemnation would be applicable to him. However, let me accept my friend’s argument and deal with him academically.

1.Syed Razi, the compiler of Nahj Ul Balagah, who was more aware of the statements of the Imams (a.s.) than we are at the moment, has never made any mention of this.

2.This book was compiled in the 5th Century AH, and since then numerous translations and commentaries have been written about it, but no one has yet to take the meaning from this that my friend has, not even Ibn Abil Hadeed Mu’tazali of the Sunnis to whom this would be more applicable.

3.Mufti Ja’far Husayn who has translated Nahj Ul Balagah and is a Mujtahid himself, has written extensively on this book, but even he has never expressed such an opinion that my friend has, and has actually defended Ijtihad and the Mujtahids. And so even a Mujtahid knows that the condemnation in this sermon is applicable to him.

4.The claim that the Muftis referred to in this sermon are the ones appointed by Muawiya is falsified even when you look at the five preceding sermons and five of the following ones. There is no mention of this anywhere. It is my contention that there is not a single sermon anywhere in Nahj Ul Balagah in condemnation of the Muftis of Muawiya only.

5.If for arguments sake I accept my friend’s argument then we shall have to cast aside a large portion of the Holy Quran or consider these Verses to have been abrogated. A large portion of the Holy Quran, as you know, is about the actions of previous people and the punishments that they deserved. If I were to use my friend’s argument then all these judgments about the previous people would not be relevant to us. But this is not so because Allah (s.w.t.) has reiterated many a time that He (s.w.t.) has given examples in the Holy Quran so that people of understanding can take lessons from them.

And if it is not as my friend is saying, and indeed it is not, then to expect a person like Imam Ali (a.s.) who is the ‘Speech of Allah (s.w.t) and the ‘Self of Allah (s.w.t.)’ and the ‘Desire of Allah (s.w.t.)’, to marginalize these condemnations and make them applicable only to the Muftis of that particular time period is indeed a major accusation against him (a.s.).

So I have answered back to my friends answer and completed my argument over him. You have also seen how Sermon No. 18 has been dealt with and explained. Now I would like to ask my friend about his views on Sermon No. 50 and as to which Muftis are implicated in this one. I hereby give him one more year to come up with an answer.

Imam Ali (a.s.) said: ‘The basis of the occurrence of evils are those desires which are acted upon and the orders that are innovated. They are against the Book of Allah. People co-operate with each other about them even though it is against the Religion of Allah. If wrong had been pure and unmixed it would not be hidden from those who are in search of it. And if right had been pure without admixture of wrong those who bear hatred towards it would have been silenced. What is, however, done is that something is taken from here and something from there and the two are mixed! At this stage Satan overpowers his friends and they alone escape for whom virtue has been apportioned by Allah from before.’ - Sermon No. 50 Nahj Ul Balagah.

Neither does this sermon does not require further explanation nor am I addressing young children. Those that come under the umbrella of the final words of this sermon ‘they alone escape for whom virtue has been apportioned by Allah from before’ should have no problems in getting to the truth. They will realise what is meant by those who issue Fatwas and the rule of the Fatwas in the name of the Ahl Ul Bayt (a.s.). If the government of today were to ask these people to hand over the Fiqh of Ja’fariya (The jusrisprudence of Ja’far) to them so that it can be established in the land, then what is that thing that they will be handing over? Today we are in possession of several ‘books of emulation’ (Tawzih Ul Masail) in the name of Fiqh Ja’fariya, which are all different from each other. Maybe this is the reason why the organization which used to call itself ‘Tehrik e Nafiz e Fiqh Ja’fariya’ (The organization for the implementation of the jurisprudence of Ja’far (a.s.)) has amended its name to ‘Tehrik e Fiqh Ja’fariya’ only. For God’s sake, the reality is right there in front of you. All you have to do is open your eyes.

Let us now look at what Mufti Ja’far Husayn has said regarding sermon No. 18. At first he placed a lot of importance in defending Ijtihad and the Mujtahids, but in the end he realized that they could not escape from it and so he said: ‘It is the view of the Sect of the Imamiya that neither has Allah (s.w.t.) Commanded anyone to manufacture the laws of Sharia nor has He (s.w.t.) allowed anyone to follow the opinions of a Mujtahid’.

Well, if that is the case then how is it so many fatwas are being produced and why are the people being compelled to emulate the Mujtahids?  Allah (s.w.t.) has not provided numerous solutions to one problem. Anyhow, when a Mujtahid comes across a problem the solution to which cannot be found in his book, then his personal opinion on the matter suffices not only for him but for his followers as well to act upon. He then goes on to issue differing verdicts on the same problem despite the fact that his Creator Himself did not do this.

Nevertheless, his capacity to issue these verdicts in only based on the apparent facts and not based on reality which could be different. What I fail to understand is that is this verdict based on apparent facts is a replacement for the verdict based on reality? If one cannot get hold of a glass of milk and instead drinks a glass of water, will one get the benefit of milk from the water? But the world regards as faithless those that mix water in the milk.

The reality is that the correct ordinance is one which Allah (s.w.t.) Has Given us and we have to obey these Instructions without any ifs or buts. The true ordinances are those which are the reality of the apparent ordinances. For example, Prayers, Fasts, Pilgrimage etc. are apparent orders whereas the order to have the understanding of the Holy Infallibles (a.s.) is the true order which forms the true purpose of the apparent orders. As Imam Ali (a.s.) has said: ‘I am the prayer of the believers, his fast, his pilgrimage and his Holy War (Jihad)’. These are the true ordinances and not the ones that these people are hell bent on thrusting upon us.

The claim that: ‘The apparent orders are a replacement of the true ones’ is baseless, without any evidence whatsoever. In the sight of wise people a baseless claim is completely worthless. Secondly, this is such a foolish statement that it can be laughed at, but not believed in. Another example of this would be if I were to tell someone to find a suitor for my daughter of about thirty years old, and that person then, after trying hard and making enquiries brings to me two lads of fifteen years each. This apparent solution in no way can be a replacement of the real one. This is the kind of mockery that is taking place in religion and most people are simply not prepared to listen otherwise.

What Mufti Ja’far Husayn is doing is just to confuse people with his statements; otherwise the only proper way to categorize the orders is ‘true orders’ and ‘conjectural orders’.

The words of this Mufti: ‘The Mujtahid becomes helpless in letting go of the true orders’, still resonate in my ears. I am in agreement with his statement. When a person moves away from the Holy Infallibles (a.s.) and manufactures his own ordinances then this is bound to happen. The problem is, why is it being made obligatory for people to follow such orders?

What the Mufti says is that ‘The Mujtahid has not spared any efforts in order to extricate the laws from the stormy seas’. What I cannot figure out is that our religion is simple, and its ordinances are also simple enough for everyone to understand. Everything about our life and our hereafter has been explained quite clearly. What is the matter which the Holy Infallibles (a.s.) have not explained to us? The details of these have been preserved in writing in our books until this day and if one cannot even be bothered to look them up then what is the cure for him? Even when a person buys a new television set he reads the instruction booklet that comes with it. I have never seen one buy a T.V. set, but asks its operations from the neighbors. But people have considered religion to be of such a low value that they have made it unlawful upon themselves to find out about it. It is quite straightforward. Either you ask the person who gave you the religion or else you read up on it from the books where his statements have been preserved. What kind of wisdom is there is being dependent upon others. If you can afford to buy an expensive T.V. set, why can’t you buy books of Hadeeth like Al Kafi, Man La Yahzurul Faqih and so forth? Which are comparatively quite cheap. Read these books and then tell me which problem it is which is not found therein for which you need to depend upon others.

When these matters have been explained to us clearly and are within our reach, then what is the logic behind the ‘deep sea diving’ in order to extract religious ordinances from the stormy seas?  Are they telling me that all the religious ordinances have been kept on the deep sea bed by the Holy Infallibles (a.s.) and therefore only a deep sea diver can get to them? And that these ‘deep sea divers’ have been appointed by the Holy Infallibles (a.s.) to extract the pearls of religion (but in fact have come up with nothing but mud), and that the people should remain ignorant by standing by the sea shore, awaiting these divers to come up regularly and get paid for their efforts regardless of whether they come up with something valuable or not.

The amount of money you spend on these people and time you spend on them listening to their speeches, had you spent these resources on yourself you would have ended up with a nice library of books from which you would have learned all these solutions to your problems.

My brother! You were sent to collect pearls from the sea bed but you ended up bring to us only its shells. What shall we do with these shells? Those that wanted to make a garland of pearls will not be able to use these shells, and if they were to attend a gathering having adorned themselves with garlands of shells then they would become a laughing stock.

The point here is that one cannot serve the purpose of the other. In the same way ordinances manufactured on the basis of conjecture and analogy cannot serve the purpose of the actual ordinance, which is the attainment of divine pleasure.  The Mufti, by quoting the example of the pearls and the shells has ended up disproving himself.

The Mufti then goes on to say: ‘The Mujtahid does not say that people should consider the shells to be the pearls and should be sold at that price’. What he is trying to say here is that people should not consider his decisions to be that of Allah (s.w.t.) nor should they value them as such. This is totally false. Let me quote you from a Mujtahid, Allamah Haeri from his book Al Risala: ‘Taqleed, generally means to follow a Mujtahid and accept his decisions to be the decisions of Allah (s.w.t.)’.

You decide now. If we were to follow Mufti Ja’far Husayn then foolishness is proven and we have to accept falsehood as being the truth, whereas if we were to accept the words of Allamah Haeri then polytheism is proven. What shall we do now? Either we accept all this nonsense or come to the fold of the Holy Infallibles (a.s.) by accepting the divine command:

[Shakir 4:80] Whoever obeys the Messenger, he indeed obeys Allah, and whoever turns back, so we have not sent you as a keeper over them.

And then the Mufti states: ‘It is another matter that the evaluator of his efforts would give him half the price so that neither do his efforts go unrewarded nor does he get discouraged.’.

I do not know whether to laugh at this or lament at their intellects. Let me give you a few examples about this situation.

1.I availed the services of a builder to build a wall for my house and he built it crooked. The house looked bad and the people passing by used to laugh at it and there was also fear that the wall itself might collapse any time.

2.I asked someone to get me a diamond, but he went to a distant market and got me a decorated piece of stone.

3.I asked my servant to get me some salt. The poor guy walked a long distance in the heat to get to the market but got me plaster instead.

Now you place yourself in my position and decide what you would do with people like these. Whatever you decided to do with them, is how Allah (s.w.t.) will treat them on the day of judgement for spoiling His religion. They made additions, deletions and amendments to His religion by the use of their own opinions, analogies and conjectures, and instead of a garland of pearls, they made the people wear a garland of shells.

After going through the whole chapter so far you will have come to the conclusion that differences, in the eyes of the Allah (s.w.t.) and the Holy Infallibles (a.s.) is an ugly thing. The difference makers and their followers are the enemies of Allah (s.w.t.) and the Holy Prophet (s.a.w.), and doom of Hell has been prepared for them. You have also read what Mufti Ja’far Husayn commented about Sermon No. 18, that Allah (s.w.t.) has not provided a multitude of solutions for one problem. You may have also heard this famous Hadeeth of the Holy Prophet (s.a.w.) that: ‘The lawful of Muhammad (s.a.w.) is lawful until the Day of Judgement and the unlawful of Muhammad (s.a.w.) is unlawful until the Day of Judgement’. In other words, whatsoever was declared as lawful by the Holy Prophet (s.a.w.) cannot ever be declared as unlawful until the Day of Judgement and vice versa. And so it is impossible that one thing can be lawful and unlawful at the same time. Let me give you a few examples about this.

Let us imagine for a moment that a dog is considered as unlawful in the jurisprudence of one sect while another sect considers it as lawful. Now the dog is one, and it can either be lawful or unlawful. It is not possible for it to be unlawful for the followers of one sect while being lawful for the followers of another.

In the same way a thing is either pure or impure. It is not possible for one thing to be classified as pure by one Mujtahid and impure by another one. It cannot be both pure as well as impure at the same time.

There is not need to explain this further. According to Imam Ali (a.s.) those that manufacture these ordinances are committing polytheism with Allah (s.w.t.) and those that follow them are equal participants with them in this.

Although what Mufti Ja’far Husayn has said is in complete contradiction to what I am saying, I cannot deal with my readers as being of the opposition camp. This is because they are either following Mujtahids without knowledge or they find it easier in their life to follow them rather than learn themselves. I am going to target those Fatwas of the Mujtahids that they have issued in the matters of the lawful and unlawful, pure and impure, recommended and disliked actions, in which their differences are as wide as the distance between the earth and the sky, so that it will become easier for you to make correct decisions in the light of the Commands of Allah (s.w.t.) and the Holy Infallibles (a.s.). I will only give you a few examples for the sake of brevity, but I would advise you to read once more the Hadeeth that I had quoted before so that you will enjoy the coming discussion better.

AL KAFI - H 639, Ch. 41, h3

One who judges without disharmony and differences, his judgement is of the judgement of Allah, the Most Holy and the Most High. Whoever judges in a disharmonious manner, with differences, and considers it as the rightful way of judging he has judged with the judgement of the devil.

ORDERS REGARDING UNCLEAN MATTERS (NAJASAAT)

With regard to the excretions of those animals whose meat is lawful to consume.

1.Al Khomeini - These should be avoided.

2.Al Khoie - This is not a precautionary obligation.

3.Shariatmadari - The excretions of lawful birds is clean.

With regard to the blood of hemorrhoids.

1.Al Khomeini - It is forgiven.

2.Al Shahroudi - It is not forgiven.

With regard to the volume of ‘KUR’ water.

1.Al Khomeini - 3.5 X 3.5 X 3.5 hands = 42.87 cubic hands.

2.Al Khoie - 3 X 3 X 3 hands = 27 cubic hands.

3.Shariatmadari - 3 X 3 X 4 = 36 cubic hands.

With regard to date juice in a pot which boils over due to heat.

1.Al Khomeini - It is unclean and unlawful.

2.Al Khoie - It is clean and lawful.

With regard to the sweat of a person who discharges semen due to an unlawful act.

1.Al Khomeini - It is unclean.

2.Al Khoie - It is clean.

With regard to uncleanness due to urine.

1.Al Khomeini - Dunking twice in water of volume of ‘Kur’ of greater will purify. There is no need to squeeze the beard.

2.Al Khoie - It is necessary to squeeze the beard.

With regard to touching the Names of Allah (s.w.t.) or the Holy Infallibles (a.s.) in the state of Janabat.

1.Al Khomeini - It is unlawful.

2.Al Khoie - It is not unlawful.

ORDERS RELATED TO UTENSILS

With regard to the protection utensils of gold and silver.

(1)Al Khomeini - Protection of these is unlawful.

(2)Al Khoie - Protection of these is not unlawful.

With regard to the manufacture of utensils of gold and silver.

(1)Al Khomeini - It is unlawful.

(2)Al Khoie - It is not unlawful.

ORDERS REGARDING NAMAAZ (PRAYERS)

With regard to men and women praying together.

1.Al Khomeini - As a precaution they should not pray together whether the woman is in front or besides, or whether they are Mahram or not.

2.Al Khoie - It is allowable provided there is a distance of one hand between them.

With regard to Friday Prayers.

1.Al Khomeini - It is highly recommended to pray the Zohr prayers after the Friday Prayers.

2.Al Khoie - It is not necessary to pray the Zohr prayers after the Friday prayers.

ORDERS WITH REGARD TO THE SHEDDING OF BLOOD IN THE MOURNING OF IMAM HUSAYN (A.S.)

It is the fatwa of most of the Mujtahids of Iran today that this is not allowed.

It is the fatwa of Allamah Muhammd Husayn Qazwini who was the teacher of Mujtahids like Agha e Burujardi and Mohsin Hakim that: ‘All types of Matam are allowable’. In fact he has allowed the historical events to be portrayed in the form of dramas provided the role plays of women are done by men in women’s attires.

I have only given a few differences in Fatwas above for the sake of brevity otherwise this is a topic in itself and a lot can be written about this. Anyhow, is there anyone today who can say with conviction that who is consuming lawfully and who is not? Whose actions are lawful and whose are not? Who is consuming clean and whose consumption is unclean? And if one cannot then all this is nothing but conjecture and imaginary. Allah (s.w.t.) has already stated that conjecture is of no use against the truth.

[Shakir 10:36] And most of them do not follow (anything) but conjecture; surely conjecture will not avail aught against the truth; surely Allah is cognizant of what they do.

In the light of this, these conjectures, analogies, opinions, differing Fatwas can be anything but the truth. And if they are not the truth then what are they? The opposite of truth is falsehood. After all this those people who think that the Mujtahid is issuing Fatwas based on the Holy Quran and Hadeeth should now open their eyes.

All my evidence and proofs that I have presented are either from the Holy Quran or from the Hadeeth, so that there remains no room for argument. The conclusion of this whole chapter is that any ordinance that has been issued which is not based of either the Holy Quran or Hadeeth will be conjecture and the person who gives Fatwas based on this as well as those that follow him will never achieve conviction. Their whole life will be spent in doubt.

Just in case you have missed the point, I would like to present to you some Hadeeth so that you can relate to the statements of the Holy Infallibles (a.s.) with regard to this.

AL KAFI - H 2867, CH 165, h 2

A number of our people have narrated from Sahl ibn Ziyad from Ali ibn Asbat from abu Ishaq al-Khurasani who has said the following: “Amir al-Mu’minin, Ali ibn abu Talib, recipient of divine supreme covenant, would say in his sermons, ‘Do not suspect; you will doubt and do not doubt; you will become unbelievers.’”

AL KAFI - H 2869, CH 165, h 4

It is narrated from him (narrator of the Hadith above) from his father from al- Nadr ibn Suwayd from Yahya ibn ‘Imran al-Halabi from Harun ibn Kharijah from abu Basir who has said the following: “Once I asked abu ‘Abd Allah, recipient of divine supreme covenant, about the words of Allah, the Most Majestic, the Most Holy, ‘Those who have accepted the faith and have kept it pure from injustice have achieved security and guidance.’ (6:82) The Imam said, ‘(It means one) who has kept it (belief) pure from doubt.’

AL KAFI - H 2870, CH 165, h 5

Al-Husayn ibn Muhammad has narrated from Ahmad ibn Ishaq from Bakr ibn Muhammad from abu ‘Abd Allah, recipient of divine supreme covenant, who has said the following: “Abu ‘Abd Allah, recipient of divine supreme covenant, has said, ‘Doubts and disobedience are in the fire. It (doubt or people having doubts) is not from us nor is it directed to us.’”

AL KAFI - H 2872, CH 165, h 7

It is narrated from him (narrator of the Hadith above) from his father in a marfu’ manner from abu Ja’far, recipient of divine supreme covenant, who has said the following: “Abu Ja'far, recipient of divine supreme covenant, has said, ‘No deed with doubt and denial will be of any benefit.’”

AL KAFI - H 2873, CH 165, h 8

It is in the advice to al-Mufaddal who has said the following: “I heard abu ‘Abd Allah, recipient of divine supreme covenant, saying, ‘One who has doubt or Zann (better than doubt and less than certainty) and lives with one of them (such conditions), Allah turns his deeds fruitless. The authority and proof for (existence of) Allah is clear authority and proof.’”

Before concluding this chapter, I think I should give you some examples of conflicting Fatwas from the same person on the same issues, so that the discussion may be completed. These have been taken from the book ‘Islamic Government And The Rule Of The Jurist’, by Agha e Khomeini.

With regard to smuggling he says on page 9: ‘I am amazed at the way these people think. They kill people for possessing ten grams of heroin and say, “That is the law” Inhuman laws like this are concocted in the name of a campaign against corruption, and they are not to be regarded as harsh. I am not saying it is permissible to sell heroin, but this is not the appropriate punishment. The sale of heroin must indeed be prohibited but the punishment must be in proportion to the crime’. Later on he set the death penalty for heroin smuggling.

With regard to the punishment for adultery he says on page 106: ‘If a jurist wants to impose the penalty on someone for adultery, then he should follow the set procedures and have him lashed a hundred times in front of people. He should ensure that he does not inflict a single lash more or even a slap or even hold him for a day in prison. Later on, he himself issued the order for a couple in Dezful to be shot for adultery.

With regard to the formation of a government he says on page 33: ‘The Islamic Republic is not one where the people have the right to elect a president’. As soon as he took the reins of power in Iran, he established a republic and had presidential elections whereby Bani Sadr was duly elected. He was also one of the people who voted.

With regard to the confiscation of the status of a jurist he says on page 52: ‘However, in this regard the jurists are not permanent so that they have mastership over the other jurists whereby they can install or remove any of them’. As soon as he got into power, he confiscated the status of the Mujtahid Shariatmadari to the extent that his turban and his cloak were also taken away. His hundreds and thousands of followers were left to wander aimlessly not knowing what to do.