Your Questions Answered (volume 6)

Q90: One Has Never Paid Khums

Q.100: Freedom Of Choice VS.Death Penalty For Apostate:

How does one reconcile the freedom to choose a religion (2:256) and the death decree for a person who chooses to abandon Islam?

A: Suppose you are a foreigner living in the U.K. with a right to apply for its citizenship. Nobody can compel you to use that right and acquire the said citizenship; you have "the freedom to choose it". But once you apply for and get the citizenship you are bound to obey its rules and keep its interests at your heart.

Then if after some time you are caught plotting against the state and found guilty of treason and rebellion, what penalty awaits you? It is death. How will you reconcile the initial "freedom of choice" with that ultimate "denial of right of life"?

For your information, such plottings had started in the life of the Prophet (S.A.W) himself. Allah says in the Qur'an:

"And a party of the people of the Book say: show belief in that which has been revealed to those who believe, in the early part of the day, and declare disbelief at the end of it; perhaps they (i.e. Muslims) go back on their religion." (3:72).

So you see what bad effect apostasy of even one man can have on the whole Muslim Ummah. It demoralizes the Muslims; and disturbs their cohesion and discipline. It is unmitigated "fasadfil ard", and needs tough handling to stem the rot in the beginning.

Q. 101: IS BETTING ON HORSES ETC. ALLOWED?

Imam Khomeini (R.A) gave a Fatwa on betting, and said that it was Halal, particularity on horses and camel racing. Is it Halal to receive money on winning?

A: You have been given wrong information. The fact is that in Islam competitions of horse- riding and archery are allowed. Also it is permitted to make a condition that the loser will give so much prize to the winner; and /or that a third party will pay a reward/prize to the winner. But betting on who will win or lose in strictly forbidden.

And detailed rules for regulating this competition or race are found in all books of Fiqh from the early days of Islam. It is not only a fatwa on Ayatullah Khumayni (R. A).

Now what it has got to do with present days' horse racing in the western countries which is pure gambling, and is diametrically opposed to that Islamic way of racing and archery which develops martial arts, and trains youths for fighting in the way of Allah?

Based on the same principle, in modem times, archery rules may probably be applied to competition of marksmanship with fire-arms; and the rules of horse-riding may cover competition in manoeuvring the tanks, warplanes etc. But you will have to ask your mujtahid for a definite ruling on these modern systems of warfare.

Q. 102: PLAYING CHESS?

Is playing chess haram? If Yes, then why?

A: It is Haram because it is declared to be Haram (by name) in a lot of ahadith. Q. 103: Octopus and Shrimp:

Is a Muslim permitted to eat meat of an octopus or shrimp or oyster. A: Octopus and oyster are Haram. Shrimp is Halal.

Q. 104.FISH DIED IN NET

There is a fish in Pemba waters which remains moving throughout its life-span. If it stops for any reason, it dies instantly. The fishermen throw or fix their nets in the water at night and take out the haul near dawn. Among other fishes they find also the above mentioned fish which is already dead. (It dies as soon as it is stopped by the net.) Is that fish lawful to eat?

A: If the said fish has scales, then, according to the late Ayatullah as-Sayud Al-Khoui (R. A), it is Halal (lawful to eat). See his TawzihulMasa77, 1409 A.H., Qum, Mas 'alah no.

2624, pp. 472-73

Q. 105: FISH WITHOUT SCALE:

I have been asked to explain why it is haram to consume all kind of fish having no scales including shellfish in our madhhab while Allah Ta'ala says in the Qur'an: "Say: I do not find in that which has been revealed to me anything forbidden for an eater to eat of EXCEPT that it be what has died of itself or blood poured forth, or flesh of swine -for that surely is unclean - or that which is a transgression, other than (the name of)Allah having been invoked on it;.................." (Qur'an,6:146)

Also He Says: "Lawful to you is the game of the sea and its food,a provision for you and the travellers" (Qur'an, 5:97)

Add to it Qur'an, 5:87 and 6:120 which tell us not to forbid the good things made lawful by Allah. Please assist me by quoting Ahadith from the Holy Prophet (S.A.W) and the infallible Imams (A.S). Is there a scientific explanation as well?

A: There are many ahadith to this effect, some of which are quoted here:-

1. Muhammad ibn Muslim narrates from Abu Ja'far (A.S), inter alia, in a hadith: "I said to him: May Allah have mercy on you, we are offered fish which have no scale". He said: 'Eat the fish which has scale, and do not eat that which has no scale.'"

This hadith from the 5th Imam (A.S) is narrated by al-Kulayni in al-kafi (al-Furu', Vol.2, p. 144) and by ash-Shaykh at-Tusi in Tahadhibu 'l-ahkam, vol.2, p. 339; and is copied here from Wasa 'ilu 'sh-Shi 'ah vol. 16, p. 329.

2. Hammad ibn 'Uthman says: "I said to Abu' Abdillah (A.S): 'May I be your ransom! Which of the fish is (allowed) to be eaten? He said: 'That which has scale.

This hadith from the 6th Imam (A.S) is given in all the books mentioned above, plus as-Saduq's Man la yahduruhu 'l-faqih, vol. 1, p. 10

3. 'Abdullah ibn Sinan narrates from Abu 'Abdillah (A.S) that he said: "'Ali (A.S) used to ride the mule of the Messenger of Allah (S.A.W) in Kufa, then pass through the fish- market and tell them 'do not eat, nor sell the fish that has no scale.'" (The same references as in No. I plus al-Mahasiny.477)

For your information, during the Veitnam War, the Pentagon had sent a clear order to its troops not to eat the fish without scale, as it was very injurious to health. I had copied that order in our magazine, the Light, (Dar-es-Salaam), You will be interested to read the following order given by Allah to the Prophet Musa (A.S) "These shall ye eat of all that are in the waters: whatsoever hath fins and scale in the seas, and in the rivers, them shall ye eat.

And all mat have no fins and scales in the seas and in the rivers, of all that move in the waters, and of any living thing which is in the waters, they shall be abomination unto you. They shall be even an abomination unto you; ye shall not eat of their flesh, but ye shall have their carcasses in abomination. Whatever hath no fin nor scales in the waters, that shall be an abomination unto you."

(Leviticus, ch. 11, vs. 9-12)

"These ye shall eat of all that are in the waters: all that have fins and scales shall ye eat: and whatsoever hath no fins and scales ye may not eat; it is unclean unto you." (Deuteronomy, ch. 14, vs. 9-10)

So you see it was haram even in the Law of Nabii Musa (A.S), and consequently in the religion of Nabii 'Isa (A.S) although St. Paul corrupted the Christianity and abrogated the Law.

By the way, you have emphasized the word EXCEPT in the verse 6:146, which says: "Say: I do not find in that which has been revealed to me anything forbidden for an eater to eat of except that it be what has died of itself, or blood poured forth, or flesh of swive -for that surely is unclean - or that which is a transgression, other than (the name of) Allah having been invoked on it."

O.K. Then what will you say about the lard (fat of pig) which the Christians generally use in place of cooking oil? Or about the flesh of dog?

Q. 106: BURNING A MUSLIM DEAD BODY?

Is it Halal to burn a dead Muslim if he wrote it in his/her will that he/she wanted to be burned?

A: Certainly NOT. A will which goes against the rules of shari'ah is not valid in Islam.

Q. 107: QUR'ANIC INJUNCTION AND PUNISHMENT BY BURNING:

I remember reading somewhere that when the Prophet (S.A. W) saw the mutilated body of his uncle, Hamza, he made a vow to burn 30 or something Quraishites in retaliation. Then this verse came: And if you punish them, punish as you were afflicted; but if you be patient, certainly it will be best for the patient ones (16:126); telling him not to burn, only Allah is to torture His servants with fire.

But I read in Tawzihul Masa 'il of al-Marhoom as-Sayyid al-Khou'i (R.A), article 2797, that if an adult and sane person commits sodomy with another adult and sane person, both of them would be killed. And the religious head can kill them with sword or 'burn him alive'. Can you please explain why this contradiction.

A: First, about the verse: The Sunni tafseer ad-Durru 'l-manthur says: Ibnu '1-Mundhir, at- Tabarani, Ibn Marduwayh and al-Bayhaqi (in his ad-Dala 'it) have narrated from Ibn 'Abbas that he said: "When Hamzah was killed and mutilated, the Messenger of Allah (S.A.W) said: 'If I vanquished Quraish, I would mutilate seventy people from among them.' Then Allah sent down this verse, and the Messenger of Allah (S.A.W) said: 'We would rather be patient, and also forbade mutilation.

A nearly similar hadith is narrated in the Shi'a Tafseer of al- 'Ayyashi, from Imam Ja'far as- Sadiq (A.S).

I cannot understand where did you hear the story of "vowing to burn" the Quraish. Anyhow, this verse has nothing to do with the punishments imposed by the Shari'ah of Islam. Forget about burning; is not amputation of the four fingers of a thief mutilation? Will you say that a hakimu'sh-shar' should not cut the thief's hand (i.e. 4 fingers), because this verse was revealed against mutilation? (In fact, it does not say any thing against mutilation. It only says that if the Prophet (S.A.W) desired retaliation, he could mutilate only one Kafir, not more.)

Sodomy is one of the most contemptible crimes in the eyes of Islam. Its sin is much graver than fornication. There are in all, five punishments for the guilty of this crime (in the case mentioned by you): killing by swords, burning alive, throwing down from a high mountain or building with hands and feet tied, knocking down a wall over him, and stoning him to death. (If he is killed by sword, the Qadi has an option also to burn down his corpse.) From these most harsh punishments you may realize the grave nature of this crime.

Q. 108: TAFSIR OF A QUR'ANIC VERSE:

Sura 33:34: Can you give me the correct interpolation of "Wadhkurna ma yutla fi buyutikuinna min ayatillahi wa hikmah"? Is it telling Ahlu'l-Bayt (A.S) to teach, or is it according to the Sunni authorities giving the Prophet's wives order to teach the Message? It speaks plainly but I need the correct interpretation.

A: It means neither. "Wadhkurna" means "and remember". No dictionary, no mufassir (exegete), Sunni or Shi'a, has ever said that it means to teach. The verse of purity before it is a parenthesis, and this next sentence is addressed to the wives of the Prophet (S.A.W), telling them to "keep in mind what is recited in your houses of the communications of Allah and the wisdom."

It puts emphasis to the orders which have preceded it to obey Allah, do good deeds, be pious, stay in their houses, keep up prayer, give Zakah and obey Allah and the Messenger. It tells them to be good Muslims and that's all.

Q. 109: TAFSIR OF VERSE 24:3.

Allah Ta'ala says in the Qur'an: "The fornicator does not marry any but a fornicatress or idolatress; and (as for) the fornicatress, none marries her but a fornicator or an idolater; and it is forbidden to the believers." (Qur'an, 24:3). Does it mean that Allah orders fornicating women to marry fornicating men or idolaters? Also, is marriage of a chaste man with a fornicatress unlawful and void?

A: It is not an order but a statement showing their condition. This reality has also been explained more clearly in the verse 26 of the same chapter where Allah says:- "Unclean things are for unclean ones and unclean ones are for unclean things; and the good things are for good ones and the good ones are for good things. "

The verse in question was revealed concerning a particular situation in Medina. As-Suyuti in his ad-Durru 'l-manthur, quotes numerous traditions to the effect that when the Muhajirun came to Mecca, they found the life there very hard, what with the dearness of things and their own unemployment.

There were many women among the Jews and also some among the Ansar who were professional prostitutes and they used to raise a particular type of flag on their houses to advertise their "trade". They were minting money.

Some Muhajirun thought of a plan to marry those prostitutes in order that they could share in those women's wealth, "and when our condition improves, we shall leave them." They accordingly asked permission of the Holy Prophet (S. A. W), and Allah revealed this verse in their reply.

It is clear that the verse is restricted to that situation and it has forbidden the Muhajirun to carry out their plan.

On the other hand, the words, "it is forbidden to the believers', may be taken to mean, "it is undesirable for the believers." In that case the verse will have a general and unabrogated meaning and will be applicable even now.