Miscellaneous Istiftā’āt (Juristic Inquiries)

Ruling 602, Question: Recently, under an agreement between the Hajj and Pilgrimage Organization and Bank Melli Iran, applicants for the Hajj al-Tamattu‘ deposit one million tomans into a personal account at the bank under a written muḍārabah contract (a profit-sharing contract whereby one party provides the capital for another to trade with for an agreed share of the profit). The funds remain in the depositor’s account until the time of the pilgrimage, and annual profits are paid to him according to the contract. When the turn for pilgrimage arrives (usually after three years), the depositor withdraws the funds and pays the Hajj fees. Since the contract is written and there is no verbal exchange between the depositor and the bank, what is the ruling on the percentage of profit that the depositor receives from the muḍārabah contract?

Answer: The banking transaction conducted via a written muḍārabah contract in the described manner is valid, and the profit earned is permissible (ḥalāl) for the depositor. The principal amount, if derived from income Khums (one-fifth religious tax) has not been paid, is liable for Khums. The profit, if not accessible before the year of pilgrimage, is considered income for the year in which it is received. If the profit is spent on Hajj expenses within the same year, it is exempt from Khums.

Ruling 603, Question: The stone flooring of al-Masjid al-Ḥarām (the Holy Mosque) is sometimes ritually purified with qalīl (or “little amount of”) water, poured directly onto impure (najis) areas in a way that may not fully remove the impurity (najāsah). Is prostration (sujūd) on such flooring valid?

Answer: Since the impurity (najāsah) of all areas of al-Masjid al-Ḥarām (the Holy Mosque) is not usually established with certainty, and investigation is not obligatory, prostration (sujūd) on its stone flooring is valid.

Ruling 604, Question: When al-Masjid al-Ḥarām (the Holy Mosque) becomes impure (najis) due to blood, urine, or other impurities (najāsat), workers may use a purification method that, in our view, may not affect the purification (taṭhīr). What is the ruling on prayers performed on the ground of al-Masjid al-Ḥarām (the Holy Mosque)—whether moist or dry?

Answer: As long as you do not have certainty (yaqīn) regarding the impurity (najāsah) of the place of prostration (sujūd), the prayer is valid.

Ruling 605, Question: Is it valid and sufficient to perform congregational prayer in a circular formation around the Holy Ka‘bah, assuming all other conditions are met?

Answer: The prayer of those standing behind the imam, or to either side of him, is valid. However, the recommended precaution (al-iḥtīyāṭ al-mustaḥab) is that those standing at the imam’s side should observe the distance between the imam and the Holy Ka‘bah and should not be closer to the Ka‘bah than the imam. As for those standing on the opposite side of the Ka‘bah, facing the imam, their prayer is not valid.

Ruling 606, Question: Is it valid to follow a Sunni imam for a missed prayer (Ṣalāt al-Qaḍā’)?

Answer: It is not valid to follow a Sunni imam for a missed (Ṣalāt al-Qaḍā’) prayer.

Ruling 607, Question: What is the ruling on leaving al-Masjid al-Ḥarām (the Holy Mosque) or Masjid an-Nabawi (the Prophet’s Mosque) during the adhān and iqāmah (two formulas for calling to prayer), especially when Sunnis enter at that time and criticize us for leaving?

Answer: If others regard such an action as belittling the prayer at its earliest time, especially if it results in discrediting Shi‘ism, it is not permissible.

Ruling 608, Question: If a Hajj pilgrim has the intention (nīyyah) of staying in Makkah al-Mukarramah for ten days, what is the ruling on the prayers in ‘Arafāt, Mash‘ar al-Ḥarām, Minā, and the areas in between?

Answer: If the intention (nīyyah) to stay in Makkah al-Mukarramah for ten days is made before traveling to ‘Arafāt, then after completing the ten-day stay, the ruling of residence (staying) remains in effect. The journey to ‘Arafāt, Mash‘ar al-Ḥarām, Minā is not regarded as a new journey, so prayers should be performed in full (tamām).

Ruling 609, Question: Does the ruling of takhyīr (the free choice between full (tamām) and shortened (qaṣr) prayer) apply to the entire cities of Makkah al-Mukarramah and al-Madīnah al-Munawwarah, or is it limited to al-Masjid al-Ḥarām (the Holy Mosque) and Masjid an-Nabawi (the Prophet’s Mosque)? Is there a difference between old and new neighborhoods?

Answer: The ruling of takhyīr applies throughout both Holy cities, and there is no difference between old and new neighborhoods. However, the recommended precaution (al-iḥtīyāṭ al-mustaḥab) is that a Hajj pilgrim should perform shortened (qaṣr) prayers outside the two Holy Mosques unless he makes the intention for a ten-day stay.

Ruling 610, Question: Is it permissible for a traveler to perform the supererogatory prayers (nawāfil) of Ẓuhr and ‘Aṣr prayers in places where takhyīr (the free choice between full (tamām) and shortened (qaṣr) prayer) applies?

Answer: If he chooses to perform full (tamām) prayers in places of takhyīr, it is permissible for him also to perform the daily supererogatory prayers (nawāfil).

Ruling 611, Question: What is the ruling on the Hajj performed by a pilgrim who refrains from participating in the ritual of the “Disavowal of the Polytheists” (Barā’ah min al-Mushrikīn)?

Answer: His Hajj is valid. However, such a pilgrim deprives himself of the merits of participating in the ritual of the declaration of the disavowal of Allah’s enemies.

Ruling 612, Question: Is it permissible for a woman in a state of menstruation (ḥayḍ) or puerperium (nifās) to sit on the wall shared between the portico (or pillared hall) of al-Masjid al-Ḥarām (the Holy Mosque) and the Mas‘ā (the area between Marwah and Ṣafā)?

Answer: There is no objection to sitting there unless it is established that the wall is part of al-Masjid al-Ḥarām (the Holy Mosque).

Ruling 613, Question: What is the defined age of menopause (being yā’isah) for women who are Sayyidah and for those who are not?

Answer: The precise determination of the menopause age is a matter of deliberation and precaution. Women may refer to another fully qualified authority (mujtahid) for a ruling in this matter.

Ruling 614, Question: What is the ruling on a pilgrim’s Hajj if he doubts the timing of the wuqūfs (staying) and the day of ʽĪd al-Aḍḥā due to differing opinions on moon sighting? Is he obligated to perform his Hajj again?

Answer: If the pilgrim acts according to the ruling of a Sunni muftī who confirms the sighting of the crescent of Dhū al-Ḥijjah, that suffices. Thus, if he performs the wuqūfs along with the other pilgrims, his Hajj is valid.

Ruling 615, Question:  Is it permissible to recite Qur’an, supplications, or perform recommended (mustaḥabb) prayers behind Maqām Ibrāhīm (Abraham’s Station) in a way that restricts space for those performing the obligatory (wājib) ṭawāf prayer?

Answer: It is preferable—and indeed the recommended precaution (al-iḥtīyāṭ al-mustaḥab)—that he should not perform such acts of worship behind Maqām Ibrāhīm (Abraham’s Station) during busy times when others are performing the obligatory (wājib) ṭawāf prayer.

Ruling 616, Question: Is prostration (sujūd) valid on a carpet in Masjid an-Nabawi (the Prophet’s Mosque), considering that using permissible items for prostration—such as paper or a straw mat—draws attention, subjects the worshipper to hostile looks, and gives opponents an excuse to mock?

Answer: In situations where taqiyyah (precautionary dissimulation) is necessary, prostration (sujūd) on a carpet or similar surface is valid, and it is not obligatory to move elsewhere for prayer. However, if a pilgrim can prostrate on straw mats, stones, or similar valid surfaces without severe difficulty (mashaqqah), the obligatory precaution (al-iḥtiyāṭ al-wājib) is that he should do so.

Ruling 617, Question: Is it permissible to prostrate on the stone flooring of al-Masjid al-Ḥarām (the Holy Mosque) and Masjid an-Nabawi (the Prophet’s Mosque)? In general, on what types of stones is prostration (sujūd) permissible? What is the ruling on prostrating on bricks and pottery?

Answer: It is permissible to prostrate on marble and stones used in construction or decoration, as well as on bricks, pottery, plaster, lime, and cement. Although prostrating on agate (‘aqīq), turquoise (fīrūzah), and pearl (durr), and similar stones, is also valid, the recommended precaution (al-iḥtīyāṭ al-mustaḥab) is that such items should not be used for prostration.

Ruling 618, Question: What is the ruling on performing wuḍū’ (minor ritual ablution) with water that has been allocated only for drinking?

Answer: If the permissibility (ibāḥah) of using the water is doubtful, then wuḍū’ performed with it is invalid.

Ruling 619, Question: If the most knowledgeable marja‘ al-taqlīd (great Muslim religious authority for following) has not issued a ruling but only an obligatory precaution (al-iḥtiyāṭ al-wājib), and a less knowledgeable marja‘ al-taqlīd has issued a clear ruling without an obligatory precaution, is it necessary for the follower of the most knowledgeable marja‘ to be aware of the obligatory precaution and intend to refer to the less knowledgeable marja‘? Or is it sufficient that he, in performing his religious duty, follows the ruling of the latter?

Answer: If, at the time of acting, the action was performed based on the ruling of the marja‘ whom he was religiously permitted to follow, and he intends to follow that marja‘ in that ruling, then his action is valid.

Ruling 620, Question: Hajj pilgrims or other travelers sometimes find the time for prayers while on an airplane. Considering that prayer on an airplane usually does not prevent stability (istiqrār) or composure (ṭuma’nīnah), if the other conditions—such as standing, facing the qiblah, bowing, and prostration—can be observed, is it permissible for them to pray on the plane even if they know or suspect they will arrive before the prayer time ends and they can pray on the ground? If they pray on the plane and arrive before the time ends, are they obligated to repeat the prayer?

Answer: If stability and facing the qiblah are possible, the prayers performed on the airplane are valid and sufficient. In fact, praying at the beginning of its time (awwal al-waqt) is even more preferable to attaining its merit.

Ruling 621, Question: A Hajj pilgrim has completed the recommended ‘Umrah al-Tamattu‘, but he is unable to perform the Hajj al-Tamattuʿ, for example, due to being assigned to serve pilgrims during Ayyām al-Tashrīq (the Days of Tashrīq) in Makkah al-Mukarramah. What is his obligation?

Answer: He may abandon the recommended ‘Umrah al-Tamattu‘. However, the recommended precaution (al-iḥtīyāṭ al-mustaḥab) is that he should perform Ṭawāf al-Nisā’.

Ruling 622, Question: If a person becomes insane after the obligation of Hajj has been established, what is the duty of his guardian with regard to the Hajj?

Answer: The guardian of a person who is insane has no obligation to perform his Hajj. If he later regains sanity, he is obligated to perform the Hajj himself. Otherwise, after his death, a proxy (nā’ib) should be appointed from their estate to perform the Hajj on his behalf.

Ruling 623, Question: In Iran, we have received funds to donate to the Prophet’s Holy Shrine or the graves in Baqī‘. Since fulfilling this request is not possible, may we give it to needy Shi‘a instead?

Answer: If the owners of the funds consent, it is permissible to distribute them to needy Shi‘a.

Ruling 624, Question:  Many Hajj pilgrims are eager to perform i‘tikāf (Islamic spiritual retreat) at al-Masjid al-Ḥarām (the Holy Mosque). Since fasting is a condition for i‘tikāf, is it permissible for them to make a vow (nadhr) to fast and perform i‘tikāf while they are in Makkah al-Mukarramah?

Answer: The obligatory precaution (al-iḥtiyāṭ al-wājib) is that the vow should be made in a pilgrim’s homeland or place of residence.

Ruling 625, Question: If a Hajj pilgrim intends to perform i‘tikāf (Islamic spiritual retreat; religious seclusion) in al-Masjid al-Ḥarām (the Holy Mosque)—considering that the area of sa‘y (walking or jogging fast between the hills of Safā and Marwah) is not part of al-Masjid al-Ḥarām—is it permissible for him to enter iḥrām from Masjid al-Tan‘īm before the call to morning prayers and complete the remaining rituals while in i‘tikāf?

Answer: It is permissible for him to enter iḥrām, and there is no objection to leaving al-Masjid al-Ḥarām (the Holy Mosque) to perform sa‘y.

Ruling 626, Question: Is the recommendation (istiḥbāb) to fast three days in al-Madīnah al-Munawwarah for fulfilling one’s needs exclusive to travelers, or does it also apply to residents of al-Madīnah al-Munawwarah and those who have the intention (nīyyah) to stay there for ten days?

Answer: The recommendation (istihbāb) to fast three days in al-Madīnah al-Munawwarah for fulfilling one’s needs is not exclusive to travelers. The mention of the word travelers [in the related ruling] is due to the general exemption from fasting when they are on a journey.