A Brief of Islamic Law

Doubts Which Are Valid

602. There are nine situations in which a person can have doubts about the number of Rak'ahs in the prayers consisting of four Rak'ahs. In those situations, one should pause to think, and if he arrives at any decision or probability, he should act accordingly. If doubt persists, he should follow these rules:

(i) After entering the second Sajdah, if a person doubts whether he has performed 2 Rak'ahs or 3, he should assume that he has performed 3 Rak'ahs, and finish the prayer after performing one more Rak'ah. And after finishing the prayer he should offer one Rak'ah of Salat-ul-Ihtiyat (precautionary prayer), standing. As an obligatory precaution, two Rak'ahs while sitting will not suffice.

(ii) If after entering the second Sajdah, a person doubts whether he has performed 2 or 4 Rak'ahs, he should decide that he has performed 4 Rak'ahs, and finish his prayer. He should then stand up to offer 2 Rak'ahs ofSalat-ul-Ihtiyat.

(iii) If a person doubts, after entering the second Sajdah, whether he has performed 2, 3 or 4 Rak'ahs, he should decide that he has performed 4 Rak'ahs. After Completing the prayer, he should perform 2 Rak'ahs ofSalat-ul-Ihtiyat standing, and 2 Rak'ahs in the sitting position.

(iv) If a person doubts after entering the second

Sajdah, as to whether he has performed 4 or 5 Rak'ahs, he should decide that he has performed 4 Rak'ahs and finish his prayer. After that he should perform two Sajdat-us-Sahv.

(v) If a person doubts at any stage during his prayer, whether he has performed 3 or 4 Rak'ahs, he should decide that he has performed 4 Rak'ahs and finish his prayer. Thereafter he should offerSalat-ul-Ihtiyat of one Rak'ah standing or of 2 Rak'ahs in the sitting position.

(vi) If a person doubts while standing, as to whether he has performed 4 Rak'ahs or 5, he should sit down and recite Tashahhud and the Salam of prayer. Then he should stand up to offerSalat-ul-Ihtiyat of 1 Rakah, or give 2 Rak'ahs while sitting.

(vii) If one doubts, while standing, whether he has performed three or five Rak'ahs, he should sit down and read Tashahhud and Salam to finish the prayer. After that, he should offer 2 Rak'ahs ofSalat-ul-Ihtiyat standing.

(viii) If a person doubts while standing, as to whether he has offered 3, 4 or 5 Rak'ahs, he should sit down and recite Tashahhud and the Salam of the prayer. Thereafter, he should offerSalat-ul-Ihtiyat of 2 Rak'ahs standing, and another 2 Rak'ahs in the sitting position.

(ix) If a person daubts, while standing whether he has performed 5 or 6 Rak'ahs, he should sit down and recite Tashahhud and Salam of the prayer. Thereafter, he should perform two Sajdat-us-Sahv.

603. When a person has any of the above valid doubts, he should not peak the prayer, if the time forSalat is very short. He should act according to the rules given above. But if there is ample time forSalat, he can peak the prayer and repeat it from the begining.

Method of OfferingSalat-ul-Ihtiyat

604. A person, for whom it is obligatory to offerSalat-ul-y'Ihtiyat, should make its intention immediately after the Salam of prayer, nad pronounce Takbir and recite al-Hamd and then perform Ruku and two Sajdah.

Now, if he has to perform only one Rak'ah ofSalat-ul-Ihtiyat, he should recite Tashahhud and Salam of the prayer after two Sajdah. If it is obligatory for him to perform 2 Rak'ahs ofSalat-ul-Ihtiyat, he should perform, after the 2 Sajdah, another Rak'ah like the first one, nad then complete with Tashahhud and Salam.

605.Salat-ul-Ihtiyat does not have other Surah and Qunut, and its intention should not be uttered and as an obligatory precaurtion, al-Hamd should be offered silently.

606. If a person realises before startingSalat-ul-Ihtiyat that the prayer which he had offered was correct, he need not offer it, and if he realises this duringSalat-ul-Ihtiyat, he need not complete it.

607. As far as Rak'ahs ofSalat are concerned, probability or strong feeling about it will be treated at the same level as certainty. For example, if a person does not know for certain whehter he has offered 1 Rak'ah 2, and has a strong feeling that he has offered 2 Rak'ahs, he should decide in its favour. And if in a prayer of 4 Rak'ahs, he strongly feels that he has offered 4 Rak'ahs, he should not offerSalat-ul-Ihtiyat. But in the matter of acts ofSalat, probability has the position of doubt. Hence, if he feels that probably he has performed Ruku, and if he has not yet entered Sajdah, he should perform the Ruku. And if he thinks that he has not recited al-Hamd, and has already stready started the other Surah he should ignore his doubt and his prayer is in order.

608. There is no difference between the rules of doubt, forgetting, and probability or strong feeling, regardless of it occurring in the daily obligatory prayers or other Wajib Salat. For example, if one doubts inSalat-ul-ayat, whether he has performed 1 Rak'ah or 2, hisSalat will be void, because it is a doubt which has occurred in aSalat consisting of 2 Rak'ahs. Similarly, if he has a strong feeling that is his first or his second Rak'ah, he will complete the prayer based on that feeling.

Sajdat-us-Sahv (Sajdah for Forgotten Acts)

609. Two Sajdat-us-Sahv become necessary in two cases, and they are performed after Salam. Their method will be explained later.

(i) Forgotting Tashahhud.

(ii) When there is a doubt in a 4 Rak'ah prayer, after entering second Sajdah, as to whether the number of Rak'ahs performed is 4 or 5, or 4 or 6 like the fourth case in valid doubts.

And in three cases, Sajdat-us-Sahv is, as an obligatory precaution, necessary:

(i) For talking forgetfully during prayer.

(ii) Reciting Salam at the wrong place, like, forgetfully reciting it in the first Rak'ah.

(iii) When after y'Salatt, one realises that he has either omitted or added something by misatke, but that omission or addition does not render tha prayer void.

610. If a person talks, by mistake or under the impression that his prayer has ended, he should perform 2 Sajdat-us-Sahv, as a precaution.

611. If at a time where the Salam of prayer is not to be said, a person forgetfully says As-salamu alayna wa ala ibadi-llah-is-salihin or says:

As-salamu alaykum, he should, as an obligatory precaution, perform 2 Sajdat-us-Sahv, even if he did not add “Wa rahmatu-llahi wa barakatuh”. But if he says: “As-salamu alayka ayyuhan-nabiyyu wa rahmatu-llahi wa barakatuh”, then Sajdat-us-Sahv will be a recommended precaution. If one utterstwo or more letters of Salam, he should, as an obligatory precaution, offer two Sajdat-us-Sahv.

612. If a person says, by misatke, all the 3 Salams at the time when Salam should not be recited, it is sufficient to perform 2 Sajdat-us-Sahv.

613. If a person remembers during Ruku or thereafter, that he has forgotten one Sajdah or Tashahhud of the preceding Rak'ah, he should perform the Qada of Sjadah after the Salam of prayer, nad for Tashahhud he should perform two Sajdat-us-Sahv.

614. If a person does not perform Sajdat-us-Sahv after the Salam of prayer intentionally, he commits a sin, and it is obligatory, as a precaution, upon him to perform it as early as possible. And if he forgets to perform it, he should perform it immediately when he remembers. It is, however, not necessary for

The Method of Offering Sajdat-us-Sahv

615. Immediately after the Salam of prayer, one should make an intention of performing Sajdat-us-Sahv, placing one's forehead, as an obligatory precaurion, on an object which is allowed. It is a recommended precaution that Dhikr be recited, and a better Dhikr is: “Bismi-llahi wa bi-llah, as-salamu ‘alayka ayyuhan-nabiyyu wa rahmatu-llahi wa barakatuh”. Then one should sit up and perform another Sajdah reciting the above mentioned Dhikr. After performing the second Sajdah one should sit up again and recite Tashahhud and then say: “As-salamu alaykum ; it is better to add to it: Wa rahmatu-llahi wa narakatuh.

Qada of the forgotten Sajdah

616. If a person forgets Sajdah, nad offers its Qada after prayer, he should fulfil all the conditions of prayer, like his body and dress being Tahir, and facing the Qiblah, and all various other conditions.

617. If a person forgets one Sajdah and Tashahhud, he should offer two Sajdat-us-Sahv for the forgotten Tashahhud, but it is not necessary for the forgotten Sajdah, though it is better to perform it for the latter too.

Addition and omission of the Acts and conditions of Prayers

618. Whenever a person intentionally adds something to the obligatory acts of prayers, or omits something from them, even if it be only a letter, his prayers become void.

619. If a person omits a Rukn (elemental part) of prayer due to ignorance, his prayer is void. But omitting a non-Rukn due to justifiable ignorance (like when a person relies on some authority or a reliable book of Islamic laws, and thereafter he realises that the authority or the book was wrong), Will not make the prayer void. and if someone, due to his ignorance about the rule even if with negligence, prays Fajr, Maghrib and 'Isha' prayers with silent Qira'ah, or Tuhr and 'A?r prayers with loud Qira'ah, or offers four Rak'ahs where he should have prayed two because of travelling, his prayer will be in order.

620. If a person realises during prayer or after it that his Wudu or Ghusl had been void, or that he had begun offering prayer without Wudu or Ghusl, he should repeat the same with Wudu or Ghusl, but peaking the prayer is not obligatory.And if the time for the prayer has lapsed, he should perform its Qada.

621. If a person realises after the Salam of prayer that he has not offered one Rak'ah or more from the end part of the prayer, and if he has done any such thing which would invalidate the prayer, were he to do so intentionally or forgetfully, like turning away from Qiblah, his prayer will be void. But if he has not performed any such act then, he should immediately proceed to perform that part of the prayer which he forgot, and should, as an obligatory precaution, offer two Sajdat-us-Sahv for additional Salam.

622. If a person after the Salam of prayer, does an act which would have invalidated the prayer, were then to do so intentionally or otherwise, like turning away from Qiblah, and then remembers that he had not performed two last Sajdahs, his prayer will be void. And if he remembers it before he performs any act which would invalidate the prayer, he should perform the two forgotten Sajdah, and should recite Tashahhud again, together with Salam of the prayer. Thereafter, he should perform, as an obligatory precaution, two Sajdat-us-Sahv for the Salam recited earlier.

623. If a person realises that he has offered the prayer before its time set in, he should offer that prayer again, nad if the prescribed time for it has lapsed, he should perform its Qada. If he realises that he has offered the prayer with his back to Qiblah or with a deviation of 90 or more degrees from Qiblah ignorance about to Qiblah ; or with a devition of 90 or more degrees from Qiblah he should pary again if the time of salat is still there; and if the time has laosed, there will be Qada’ if he had prayed direction because of other wise the Qada is not necessary. If he realises that the deviation has been less than 90 degrees, then if he had not any excuse for his deviation, like when he had not made enough efforts to determine the direction of Qiblah or to know its rule, he has to pray again as a precaution, whether the time has lapsed or not. But if he had some excuse, it is not necessary to repeat the prayer.

Prayer of a Traveller (Musafir)

A traveller should reduce the Rak'ahs in Tuhr, A?r and Isha prayers, that is, he should perform two Rak'ahs instead of four, subject to the following eight conditions:

* The first condition is that his journey is not less than 8 Farsakh (44 kilometers or 28 miles approximately).

624. If the total of outward journey and return journey is 8 Farsakh, even if the single journey either way does not equal 4 Farsakh, he should shoten his prayers. There fore, if his outward journey is 3 Farsakh, and his return is 5 Farsakh, or vice versa, he should offer shortened prayers, that is, of two Rak'ahs.

625. If the total of outward and return journey is just 8 Farsakh, the traveller should shorten his prayers, even if he does not return on the same day or night.

626. If a person believed that his journey equalled 8 Farsakh, and he shortened his prayers, and learnt later that it was not 8 Farsakh, he should offer four Rak'ahs of prayers, and if the time for the prayers has lapsed, he should perform their Qada.

627. The beginning of 8 Farsakh should be calculated from a point beyond which he will be deemed a traveller, and this point is represented by the last boundary of a city. In certain very big cities, it would be probably reckoned from the end of locality.

* The second condition is that the traveller should intend at the time of the commencement of the journey, to cover a distance of 8 Farsakh if he travels up to a point which is less than 8 Farsakh away, he should offer full prayers. This is so, because he did not intend travelling 8 Farsakh when he commenced his journey. But if he decides to travel further 8 Farsakh from there, or to go to a distance which beside the return will cover eight Farsakh, he should shorten his prayers.

628. A traveller should offer shortened prayers only when he is firmly determined to travel 8 Farsakh. Hence, if a perdon goes outside the city thinking that he would cover 8 Farsakh if he finds a companion, he will offer shortened prayers only if he is sure that he will find a companion. And if he is not sure to find one, he should pray full.

629. If a person who is under the control of another person while on a journey, like wife, child, servant or a prisoner, knows that his journey is 8 Farsakh, he should offer shortened prayers. But if he does not know, he should offer full prayers, and it is not necessary for him to inquire ; though inquiring is better.

630. If a person commences his journey to go to a place which is at a distance of 8 Farsakh, and after covering a part of the journey, decides to go elsewhere, and the distance between the place from where he started his journey, up to the new place, is 8 Farsakh, he should shorten his prayers.

* The fourth condition is that the traveller does not intend to pass through his home town and stay there, or to stay at some place for 10 days or more, before he reaches a distance of 8 Farsakh. Hence a person, who intends to pass through his home town and stay there, or to stay at a place for 10 days, before he reaches a distance of 8 Farsakh, he should offer full prayers. If he wishes to pass through his hometown without staying there, he should, as a precaution, pray both full and shortened prayers.

631. A person, who does not know whether or not he will pass through his home town, before reaching 8 Farsakh, or through a place where he will stay for 10 days, should offer full prayers.

632. A person who wishes to pass through his home town and stay there, before he reaches 8 Farsakh, or to stay at a place for 10 days, or if he is undecided about it, should offer complete prayers even if he later abandons the idea of passing through his home town, or staying ot aplace for 10 days. However, if hte remaining journey is of 8 Farsakh or adds upto 8 Farsakh on return, he should shorten his prayers.

* The fifth condition is that the purpose of travelling should not be Halal (allowed). Therefore, if a person travels to do something unlawful, like, to commit theft, he should offer full prayers. The same rule applies when travelling itself is Halal (allowed), like, when travelling involves a harm which results in death or defect in body, or when a wife travels without the permission of her husband for a journey which is not obligatory upon her. But if it is an obligatory journey, like that of obligatory Hajj, then shortened prayers should be offered.

633. A journey which is not obligatory, and is a cause of displeasure of one's parents, is Halal (allowed), and while going on such a journey, one should offer full prayers and should also fast.

634. If a person travels for receation and outing, his journey is not Halal (allowed), and he should shorten his prayers.

635. If a person goes out for hunting, with the object of sport and pleasure, his prayers during the outward journey will be full, though this hunting is not Halal (allowed), but on return it will be shortened if it does not involve hunting and the return journey covers a distance of at least 8 Farsakh. But if a person goes out for hunting, to earn his livelihood, he should offer shortened prayers. Similarly, if he goes for business and increase in his wealth, he will pray QA?r (shortened).

636. If a person has journeyed to commit a sin, he should, on his return, shorten his prayers, if the return journey alone covers 8 Farsakh

* The sixth condition is that the traveller should be a nomad, who roam about in the deserts, and temporarily stay at places where they find food for themselves, and fodder and water for their animals, and again proceed to some other place after a few days halt. During these journeys the nomads should offer full prayers.

637. If a nomad travels to find out residence for himself, and pasture for his animals, and carries his bag and baggage with him so that it can be said that his home is with him, he should offer full prayers, otherwise if his journey is 8 Farsakh he should shorten his prayers.

638. If a nomad travels for Ziyarah, Hajj (pilgrimage), trade or any other similar purpose, he should shorten his prayers, provided that it cannot be said that his home is with him, but if this can be said, his prayer is full.

* The seventh condition is that he should not be Kathir-us-Safar (one with frequent travels). But one whose profession requires travelling, like drivers, herdsmen, sailors and postnen, or one who trvels fre quently, even if his job does not require travelling, like three times a week for recreation or touring etc, should offer full prayers.

639. If a person whose profession is in travels, travels for another purpose like, for Hajj, he should shorten his prayers except when he is a known frequent traveller like a person who frequently travels three times a week. If, for example, the driver of automobile hires out his vehicle for pilgrimage, and incidentally performs pilgrimage himself as well, he should offer full prayers.

640. For being a driver etc, one should decide to continiue his profession as a driver etc, and his staying should not be longer than usual. Then a person who travels one day a week as a driver, he is not called as driver. But one who travels at least three days a week or ten days a month, and decides to continue this travelling for at least two consecutive months, is called Kathir-us-Safar ; though he should, as a precaution, offer both full and shortened prayers during the first month. But a person who travels one day aweek is not called Kathir-us-Safar. One who travels two days a week should, as an obligatory precaution, offer both shortened and full prayers.

641. A person whose profession for a part of the year is travelling, like a driver who hires out his automobile during winter or summer, should offer full prayers during those journeys, and the recommended precaution is that he should offer QA?r prayers, as well as full prayers.

642. If a driver or a hawker, who goes round within an area of 2 or 3 Farsakh from the city, happens to travel on a journey consisting of 8 Farsakh, he should shorten his prayers.

643. If a person whose profession is travelling, stays in his home town for 10 days or more, with or without the original intention, he should offer full prayers during the first journey that he undertakes after ten days. The same rule will apply, when he travels after ten days from a place which is not his home town.

644. For a person whose profession is travelling, it is not necessary to travel three times, in order to offering the prayers fully. In fact, just as the person is known as driver etc, he can offer full prayers, even in the first travelling.

645. If a person whose profession is not travelling, has to travel quite often to transport a commodity he owns, he will pray QA?r, unless when he is known as Kathir-us-Safar, defined in the (rule no 1318.)

* The eighth condition is that the traveller reaches the limit of Tarakhkhus, if he travels from his hometown, that is, at a point beyond which travelling begins. But if a person is not in his hometown, the rule of Tarakhkhus will not apply to him, and just as he travels from his place of residence, his prayers will be QA?r.

646. The limit of Tarakhkhus is a place where people of the city, even those living in its outskirts, can not see the traveller, and its sign is, when he can not see them.

647. A traveller who is returning to his hometown will continue praying QA?r, till he enters the hometown. Similarly, a person who intends to stay for ten days at a place, will offer QA?r prayers, till he reaches that place.

648. If a person doubts whether or not he has reached the point of Tarakhkhus he should offer full prayers.

649. A traveller who is passing through his hometown, if he makes a stopover there, he will pray full, otherwise, as an obligatory precaution, he will combine both, full as well as QA?r prayers.

650. A place which a person adopts for his permanent living is his home, irrespective of whether he was born there, or whether it was the home of his parents, or whether he himself selected it as his residence.

651. A place which a person adopts for his residence is his hometown (Watan) even if he has not made a specific intention to live there for even. It is his home, if the people there do not consider him a traveller, inspite of his sojourn at other place where he may be putting up for ten or more days.

652. If a person lives at two places, for example, he lives in one city for six months, and in another for another six months, both of them are his home. And, if he adopts more than two places for his living, all of them are reckoned to be his home (Watan).

653. If a person reaches a place which was previously his home, but has since abandoned it, he should not offer full prayers there, even if he may not have adopted a new home.

654. If a traveller intends to stay at a place continuously for ten days, or knows that he will be obliged to stay at a place for ten days, he should offer full prayers at that place.

655. If a traveller intends to stay at a place for ten days, it is not necessary that his intention should be to stay there during the night or the eleventh night. And as soon as he determines that he will stay there from sunrise on the first day up to sunset of the tenth day, he should offer full prayers. Same will apply if, for example, he intends staying there from noon of the first day up to noon of the eleventh day.

656. A person who intends to stay at a place for ten days, should offer full prayers if he wants to stay for ten days at that place only. If he intends to spend, for example, ten days in Najaf and Kufah, or in Tehran and Shemiran (two close towns), he should offer QA?r prayers.

657. If a traveller who wants to saty at a place for ten days, has determined at the very outset, that during the period of ten days, he will travel to surrounding places which are considered commonly as other places, and are less than four Farasakh away, and if the period of his going and returning is so pief, that it cannot be considered as infringement of his intention of staying there for 10 days, he should offer full prayers. Butifi it is considered as an infringement, then he should ray QA?r. For example, if he intends to be away from that place for a day and a night, then that prolonged period will be peaking the intention, and he will pray QA?r. But if he intends to be away for, say, half a day, even if returning after the evening sets in, it will not be considered as beaking the intention. Of course, if he travels frequently from that place, giving an impression that he is visiting two or more places, then he will pray QA?r.

658. If a traveller has decided to stay at a place for ten days, but at the same time considers it probable that he may have to leave earlier because of some hindrance, and if that suspicion is justifiable, he should offer shortened prayers.

659. If a traveller decides to stay at a place for ten days and abandons the idea before offering oneSalat consisting of four Rak'ahs, or becomes undecided, he should pray QA?r. But, if he abandons the idea of staying there after having offered one prayer consisting of four Rak'ahs, or wavers in his intention, he should offer full prayers as long as he is at that place.

660. If a traveller who has dcided to stay at a place for ten days, stays there for more than ten days, he should offer full prayers as long as he does not start travelling, and it is not necessary that he should make a fresh intention for staying for further ten days.

661. A traveller who decides to stay at a place for ten days, should keep the obligatory fast ; he may also keep Mustahab fast, and offer Nàfilah (recommended everyday prayers) of Tuhr, A?r and Isha prayers.

662. If a traveller stays at a place unexpectedly for thirty days, like, if he remained undecided throughout those thirty days whether he should stay there or not, he should offer full prayers after thirty days, even it be for a short period.

663. An undecided traveller will offer full prayers after thirty days, if he stays for all thirty days at one place. If he stays for a part of that period at one place, and the rest at another place, he should offer QA?r prayers even after thirty days.