Your Questions Answered (volume 6)

Q. 80: Changes in Adhan

I tell some brothers that the 2nd caliph 'Umar ibn Al-Khattab took Hayy 'Ala Khayril 'Amal out of the Adhan and added "As Salatu Khairum Minanawum ". They say where is your proof? So that s why I 'm coming to you to know where is the proof in the Sunni books?

A: These are well-known facts, although Sunni scholars keep them hidden from their followers.' Allamah Qawshaji and 'Allamah Taftazani (two authoritative Sunni scholars and theologians) have written in their books, Sharh Tajrid and Sharh Maqasid, respectively, that:

"Umar (2nd Caliph) said: 'There were three things in the days of the Messenger of Allah (S.A.W). I forbid them and make them haram (unlawful) and shall punish for them: Mut'ah (marriage) of women and Hajjut-Tamattu', and Hayya 'ala Khayril-amal."

Imam Malik ibn Anas has narrated in his al-Muwatta' that during the caliphate of 'Umar the Mu'azzin came to call him for the dawn prayer and found him asleep. He said:

As-salatu Khayrum minan nawm (Prayer is better than sleep); 'Umar woke up and ordered the Mu'azzin to include it in the Adhan of Fajr." (Kanzul ummal, vol. 4, p. 270). When 'Ali (A.S) heard it, he said: "Do not add in Adhan what is not in it." (Naylul-Awtar of Imam Shaukani, vol. 1, p. 238). But obviously, Khalifa's order was obeyed.

Many other references can be quoted for these things, if necessary.

Q. 81: BID'AH IN TARAWIH

I read in a book that the "Tarawih " prayer is bid'ah according to shia. Can you give me a short history of its institution and how it came into being?

A: Nawafil prayers are not allowed with Jama'at except salatul-istisqa' (the salat for praying to Allah to send rain). But 'Umar, in defiance of this rule of shari'ah, made people pray nawafil with Jama'ah in the nights of the holy month, and he himself said that it was a good bid'ah! See for example the following report of Sahih al-Bukhari (the chapter of Taraweeh):

'Abdu'r-Rahman, son of 'Abd said : "I went with 'Umar to the Masjid in a Ramadhan night; and there were people disorganised.... Then 'Umar said: 'I think it would be ideal if I make them pray together with one reciter' (i.e., behind an Imam of Jama'at); so he thus decided and gathered them behind Ubay ibn Ka'b.... Then I went there with him another night and the people were praying with one Imam. 'Umar said: 'A good bid'ah is this.'"

'Allamah Qastalani writes in Irshad as-Sari (Commentary of Sahih al-Bukhari): He called it bid'ah, because the Messenger of Allah had not prescribed it for them nor was it in the days of the (first caliph) Siddiq (R.A), nor was it for the early parts of night, nor to this (fixed) number."

Imam as-Suyuti (in Tarikhu 'I-Khulafa) Muhammad ibn Sa'd (in at-Tabaqat) and others have clearly counted the Taraweeh among the things started by 'Umar. 'Umar started it in Ramadhan, 15 A.H., the second year of his caliphate.

Q. 82: SPECIAL NAWAFIL FOR THE MONTH OF RAMADHAN:

Do we Shi 'as have special prayers during the Holy month of Ramadhan other than the Wajib 5 prayers?

A: According to our traditions, there are 1000 rak'ah prayers (i.e. 500 prayers of 2 rak'ah each) spread over the 30 nights of the holy month. The details are as follows: From 1st to 20th night: 20 rak'ah every night (8 rak'ah after Maghrib and 12 after 'Isha) Total: 400 rak'ah.

From 21st to the end of month: 30 rak'ah every night (8 after Maghrib and 22 after 'Isha) Total: 300 rak'ah.

19th, 21st and 23rd nights: 100 raka'ah each night Total: 300 raka'ah. Thus 400+300+300=1000 rak'ah.

It is to be prayed NOT in Jama'at because Nafilah prayer is not with Jama'at. This was the mistake made by 'Umar (in Taraweeh) that he made people pray nawafil with Jama'at.

Q. 83: DECLARATION OF NEW MOON BY MUJTAHID'S ORDER:

The first date of a month is not proved by the order of a Mujtahid and it is better to observe precaution." (Mas'alahNo. 1740). Please explain for me what does this Fatwa mean.

A: It is a Mujtahid's prerogative to find out a rule of Shari'ah and make it known. But when it comes to applying that rule in practical life, his words have the same value as those of any other learned and pious person. For example, Mujtahid has the authority to give fatwa that beer is haram and sherbat is halal but if there is a glass of coloured liquid and you do not know whether it is beer or sherbet, it is not a mujtahid's job to decide its reality. It is for the man who intends to use it to make sure that it is sherbet, not beer. And even if a Mujtahid says so something about it, it has the same force as that of other knowledgeable persons.

Coming to your question, the mujtahid has the authority to describe how the new moon should be proved. But if some' Adil persons give evidence before him and he is satisfied that they have seen the moon, and thereupon he gives "order" that tomorrow is the first day of (let us say) Ramadhan, then will this order be binding on the believers? Some Mujtahids, like Ayatullah al-'Uzma Gulpayegani, say that it is binding on all believers (except when one is sure that the evidence relied upon by the mujtahid was not true).

Some other mujtahids like late Ayatullah al-'Uzma al-Khoui (R. A) say that it is not binding, as the fatwa quoted in your question shows. However, he had said that it was better to observe Ihtiyat (precaution).

It means that in case of the month of Ramadhan, one should fast, but not with the niyyat of Ramadhan; instead one should fast with intention of Qada (if a fast is due) or Sunnat. Then if later on it was known that it actually was the first of Ramadhan, that Qada or Sunnat fast will be counted as that of Ramadhan. In case of Shawwal, one should travel out of town to the prescribed limit of "journey" and then break the fast.

Q. 84: IHRAM BY NADHR:

I will arrive at Jeddah by air; the plane will fly over Qarnu 'l-manazil before proceeding to Jeddah. Can I make nadhr to put on Ihram and become muhrim when the plane flies over Qarnu 'l-manazili? Or, is it better if I become muhrim when the plane lands at Jeddah? Or, should I make nadhr to became muhrim from home?

A: According to Ayatullah al-'Uzma as-Sistani, you may make nadhr to put on Ihram and become muhrim from your home. So all your problems are solved. Of course, you will have to sacrifice one goat or sheep as Kaffarah of travelling under shadow (i.e. in plane).

This Kaffarah will be slaughtered in Mina. If you travel in closed car or bus during hajj (Mecca-Arafat-Mina), that too will need another Kaffarah, which will be slaughtered after you return to your home. [Kaffarah of 'Umrah is given at Mina and of hajj in home town.]

Q. 85: DID THE PROPHET(S.A. W) PERFORM TAWAFUN NISA '?

Did the Holy Prophet (S.A. W) perform Tawafun Nisa'? How is it that NOT a single reference to it is traceable in the Sunni books of Hadith, as in the case of Tawaf Qudum, Tawaf lfadah and Tawf Wada'?

A: Ash-Sharif al-Murtada (died 436) has written that there is no dispute that the Holy Prophet (S.A.W) had done Tawafun Nisa'. (All agree that the Prophet (S.A.W.) had done two Tawafs; and as will be explained below, the second one was Tawafun Nisa'.). As for the second part of your question, I'll quote an Arabic saying: "It is not the first glass broken in Islam". May be, the Sunni traditions have contused Tawafun Nisa' with Tawaf Wada'; but I am not sure.

Q. 86: GIVE ME AHADITH ABOUT TAWAFUN NISA

In which book and chapter of hadith belonging to our School of thought is Tawafun Nisa' mentioned? Please quote me the relevant traditions.

A: There are a lot of ahadith about Tawafun Nisa' narrated from our Imams in al-Kafi, Man la yah duruhu 'l-faqih, Tahdhibu 'l-ahkam, Wasa 'ilu sh-Shi 'ah etc. I am quoting here a few short traditions for your benefit.

  1. It is narrated from Abu 'Abdillah (A.S) that he said about one who performs Hajj al- Qiran. "Hajj al-Qiran is not done except with driving of the sacrifice animal; and upon him is a Tawaf of the House, and two rak'asnearMaqam Ibrahim, and sa'y between the Safa and Marwah, and a Tawaf after Hajj and it is Tawafun Nisa'."

(Tahdhibu 'l-ahkam, Vol. 1, p. 458; Wasa'ilu 'sh-Shi'a, vol.8, p. 149). Note: This hadith of Imam Ja'far as-Sadiq (A.S) explains that there are only two Tawafs in Hajj al-Qiran. Remember that the Prophet (S.A.W) had done Hajj al- Qiran, while the others (who had not brought their sacrifice animals with them from their places) were ordered to do Hajj at-Tamattu'.

And all traditions say that the Prophet had done two Tawafs: First on 4th Dhul-hijja, on entering Mecca. He did Tawaf, prayed Salatut Tawaf and then did sa'y. Second, on 10th Dhul-hijja after sacrificing the animals and shaving the head (Tahdhibu 'l-ahkam vol. 1, p. 576; Furu' al-Kafi, vol. 1, p. 233) 2.)

  1. Abu 'Abdillah (A.S) said: "At-Tamattu' is the best of Hajj; and it was revealed in the Qur'an and established by the sunnah. It is incumbent on one who does Hajj at- Tamattu' , after arriving at Mecca to do Tawaf of the House, and pray two rak'ah near Maqam Ibrahim, and do sa'y between the Safa and Marwah; then he will do Taqseer and with it he will come out of the Ihram of 'Umrah.

And he has to do two Tawafs for the Hajj and Sa'y between the Safa and Marwah and after each Tawaf he will pray two rak'as near Maqam Ibrahim. And as for the one who does Hajj Ifrad, he has to do a Tawaf of the House, and two rak'as near Maqam Ibrahim, and Sa'y between the Safa and the Marwah, and Tawaf of ziyarah, and it is the Tawafun Nisa'; and he is not obliged to offer sacrifice or slaughter (an animal)."

(Tahdhibu 'l-ahkam and Wasa'ilu 'sh-Shi'a as quoted in No. 1.) Please note that there are 3 Tawafs in Hajj at-Tamattu':

First in 'Umratut Tamattu' (followed by Salatu-Tawaf "and Sa'y); Second in Hajjut Tamattu' (likewise followed by the Salatu-Tawaf and Sa'y (some times it is called Tawaf-ul-Ifadah); Third is Tawafun Nisa' followed by Salatut Tawaf, but no Sa'y.

And In Hajj al-Ifrad (or al-mufrad) there are only two Tawafs like Hajj al-Qiran, with one sa'y after the first Tawaf.

  1. Abu 'Abdillah (A.S) said: It is incumbent on one who does Hajj at-Tamattu' to do three Tawafs of the House, and he will pray two rak'as after every Tawaf, and he has to do two Sa'y (Tahdhibu 'l-ahkam; Wasa'ilu 'sh-Shi'a, and Furu' al-Kafi as mentioned above) I think these short ahadith will satisfy you.

Q. 87: WHY IS TAWAFUN-NISA' WAJIB BUT NOT A RUKN?

According to the Mujtahids, the Tawafun Nisa', even though obligatory, is NOT a pillar of Hajj,and not performing it does not invalidate the Hajj. Please clarify.

A: In Shi'a fiqh, rukn (pillar) is used for that part which, even if left by mistake, invalidates the 'ibadah. For example, ruku' is a rukn (pillar) of salah; if you leave it even by mistake, your salah is batil. But dhikr of ruku' (although obligatory) is not rukn; so if you go in ruku' and then do not recite dhikr (by mistake), your salah will be correct and you will have to do sajdah sahw for it after salah. Likewise, Tawafun Nisa' is obligatory but not rukn.

One who leaves out Tawafun Nisa', will have to return to Mecca and perform it; otherwise his/her spouse will remain haram for him/her. If it is not possible to return to Mecca, then he/she will have to appoint someone to do that Tawaf as his badal.

Q. 88: WHAT IF A SUNNI DOES NOT PERFORM TAWAFUN NISA '?

According to Sunni verdict a person's marital partner becomes permissible after performing Tawaf Ifadah. On the contrary, a person who does not perform the Tawafun Nisa', his or her marital partner is not permissible according to our fiqh. Please enlighten me.

A: Your question is very vague- What do you want to know? The Sunnis are governed by their fiqh, and if a Sunni's hajj is correct according to his fiqh, his/her spouse will become halal to him/her, without doubt. But a Shi'a is governed by his fiqh, and he/she will have to do Tawafun Nisa' before marital things become halal for him/her.

Q. 89: IN WHICH THINGS ZAKAH AND KHUMS WAJIB?

Can you explain to me in detail, please, the difference between Khums and Zakah? How do you pay Khums and how do you pay Zakah?

A: Zakah is wajib on 9 items:

  1. Gold coins,
  2. Silver coins;
  3. Wheat
  4. Barley,
  5. Dates,
  6. Grapes
  7. Camels
  8. Cows and Buffalos
  9. and Sheep and goats.

The conditions and rates are different for each item.Khums is wajib on 7 items:

  1. Booty acquired in Jihad,
  2. Mines,
  3. Things obtained by diving,
  4. Buried treasure,
  5. A land plot purchased by a dhimmi kafir from a Muslim,
  6. A Halal property in which some Haram property is mixed,
  7. Saving from the year's income. Perhaps for you the 7th item will be applicable. For the conditions and details study any English book of Masa'il of your mujtahid.