Section 23

1 It is permitted to remain in the followership (Taqleed) of a deceased (Mujtahid). When the deceased (Mujtahid) was the most learned (A'alam), remaining (in his Taqleed) is obligatory (in the manner which we have mentioned in the discussion of Taqleed to the most learned).

2 When Mixed Water is of a very large quantity such that an impurity falling in one place is not a cause of a ripple to the other side (like a large pool filled with Mixed Water), then, all of it does not become impure with contact by an impurity.

3 When an animal is slaughtered by unlawful methods, it is pure (Taahir) although eating its flesh is forbidden. According to this, the hides of animals imported from non-Islamic countries are pure when we know that they are from slaughtered animals.

4 Mega-cities are cities in which each locality is an independent city. As for the likes of Tehran and those cities like it, it is not a mega-city. As far as the intent of residency or its being a hometown, all of it is considered one place.

5 He who intends to remain in one place for an extended period (like students who intend to reside in the Howzah 'Ilmiyyah for a number of years or traveling employees who reside in one place for two, three or more years and do not travel from that place except for specific purposes, the place of their residency is in the ruling of a hometown and their prayers there (are performed) in full, although they had not made the intent to reside there for ten days.

6 He whose occupation is driving (like drivers who work in open areas) or travel is a prerequisite of one's employment (like those who reside in a city and leave it to travel to cities for studies or other occupations) and the total of their going and coming is eight Faraasikh (43Km/26.7 Mi), their prayers (are performed) in full and it is obligatory for them to fast in the month of Ramadhan.

7 When something from a year's expenses, like a house, carpet, furniture and other necessities, are sold in that (time coming after a year), Khums is not attached to its value, in particular, when they intend to replace it with its equivalent.

8 It is permissible to cut the head of an animal by mechanical means when the legal conditions mentioned in the discussion of slaughtering animals are observed. The likes of this animal is pure and lawful.

9 It is permissible to sell and buy radios and televisions and miscellaneous instruments which have lawful benefits and is considered lawful.

10 When a fish dies in the water after being captured in a net, it is lawful.

11 Interest schemes which do not have the intent of a gift as is common are invalid. Whereas a loan is given to someone, then, a settlement is made in its profit which, for example, could total hundreds of Dinaar with a Kilo of sugar and whatever is similar to that (it is invalid) and there is no basis for it. The additional amount is considered interest (Ribaa).

12 Bank transactions whether they are short term or long term deposits or loans which individuals receive from banks. The profits which are considered as compensation for that (transaction) are only lawful when they conform to legal measures and are completed according to the method of Islamic agreements and the one giving and receiving are certain or there is a reasonable probability that the responsible (employees) of the bank have established this activity in a legal manner according to their duty.

As for when it is certain that these matters are superficial and imaginary and only ink on paper, that profit is unlawful for both parties.

13 Many people give a sum as a security for a house and receive a discount in payment. This action is proper in one instance and invalid in another instance. When the house is rented and the contents of the lease agreement stipulate that a sum be given under the title of a loan and the house is put up as a security, then, the transaction is proper. However, when the loan and the security were realized first and the contents of the lease agreement stipulate that the payment is reduced, this is unlawful and invalid.

14 Liability of another, be it in the situation of transferal of responsibility (meaning, that one make an agreement to pay a indebted person's debt) or in the situation of “adding responsibility to responsibility” (meaning that one make an agreement to establish the payment of a debt when the debtor does pay it), it is proper and lawful in both instances.

15 Uncultivated lands do not become the property of anyone by mere registration, rather, it is necessary to revive it, meaning to prepare it for cultivation.

16 The one to be punished is not limited to strokes of the stick, rather, it includes financial penalties, prison, even identification of the criminal through means of notification and also whatever is comprised of that from the various types of punishments (of course, the selection of one of these matters is related to the opinion of the Religious Authority as is the manner of punishment and its particularities and remaining related matters.)

17 In the Islamic covering (Hijaab), there is no distinction in the type of dress or its color, rather, it is obligatory to cover the entire body besides the face and hands. However, wearing decorative clothing is not permitted, although the body is not visible. It is foremost to observe the conduct of the people of piety and religion among the Muslims.

18 Real individuals and individuals (involved in organizations, or corporate individuals) can be owners (of properties). It is permissible that they be one party in a transaction. According to this, if a charitable or domestic institution which is established has (corporate) individuals, they do not differ from real individuals.

19It is permissible that writing and signatures occur in all transactions in place of executing a verbal formula (Seeghah), except in Marriage and Divorce wherein the obligatory precaution is to execute the verbal formula.

20 Cigarette smoking and the remaining types of smoking, when it contains an important harm by witness of experts, is forbidden. However, narcotics are forbidden without exception.

21 Selling and buying blood in order to save the life of an ill person is permitted. However, in selling and buying limbs of the body, like the kidney or something similar, then, the precaution is that when one wants to receive money, it will be accepted as compensation for his permission to remove the organ not compensation for the organ itself. Fundamentally, this action is permissible when it does not result in danger for the donor.

22 The seller and purchaser are free in specifying the price of a commodity. However, when this freedom is a cause of corruption and disruption of the economic system in Islamic societies, in some instances, it is permissible for the Religious Authority in these circumstances to set the price of commodities and require people to (adhere to those fixed prices).

23 Defense of Islamic nations is obligatory and it is not limited to the countries in which people may live, rather, all Muslims in the world are obligated that some of them defend Muslim nations or Islamic Holy Lands from foreign aggression.

24 Mudhaarabah (silent partnership) is that an individual or individuals assign property and establish that an individual or individuals act (in a agreed upon manner) with that sum. The profit is divided between the owner of the property and the one acting in accordance with the contract and agreement, each having a share of the profit.

25 It is not obligatory in Mudhaarabah that (the money) be in minted gold or silver, rather, Mudhaarabah is proper with any type of property. Just as it is not conditional that the assignment of property be in trade matters, rather, the assignment of property in matters of production is proper (like manufacturing, agriculture, herding and whatever is similar). According to this, it is permissible to sell the shares of the one transacting and manufacturing and the benefit resultant from its usage.

26 It is not necessarily conditional in Mudhaarabah that the share of the two sides be according to a collective deduction from the benefits (in other words, one half or one third or similar to that), rather, it is permissible that one of the two sides specifies an amount of the profit for himself saying: I give this property to you in order that you transact with it (with me as the silent partner), in exchange you will give me one hundred Dinaar from the profits of the transaction with the condition that the aforementioned silent partnership produces more profit than this amount. Otherwise, the Mudhaarabah is not proper.

27 The Mudhaarabah which banks establish with individuals who approach them, when the aforementioned legal conditions are observed and it is not merely ink on paper, is proper and the profit obtained from it is lawful.

28 Whatever loss is incurred without the negligence of the one transacting is connected to the principle (Ra`sul-Maal) and it is not permitted to make it the expense of the one transacting or divide it between (the one transacting) and the owner of the property.

29 The time of the Azaan of Fajr (for prayer and fasting) in the moon-lit and non-moon-lit nights is one (in the same). The standard is the appearance of light of the east in the horizon, although it may not appear due the affects of the sun's radiance.

30 It is permissible to dissect the body of man for medical purposes with the condition mentioned in Issue 998. We have already explained the ruling of touching the dead in Issue 999.

31 A check (Sakk) and Promissory Note (Kampayaalah) are of two kinds: Sometimes, the indication is that one has a right over another (like when someone sells something and the purchaser gives him a note for the amount). In this situation, it is permissible to pay the note as a deferred payment for a period of time to that individual (the current owner of the note) in order to take a lesser sum of cash than what is on the note. However, when there is no debt in compensation for this note, there is an objection to this transaction.

32 It is not permissible for interest free banks to make conditions for the borrower, in other words, to make a condition in compensation for the loan which (the bank) offers to the borrower, like saying to (the borrower) that you must open an account with us and have pre-existing savings or make it a condition to receive a gratuity fee. According to this, it is obligatory that the gratuity fees that it receives from customers are something independent and have no connection to the loan.

33 It is customary among people that they give a loan to the owner of a house and they take the house as a security and they make conditional in the contents of the contract that they have the right of residence in this house or (that they) give a reduced payment and smaller sum. This transaction is (related to) interest and forbidden.

The proper method is that first the lessee rents the house, although it be with an insignificant amount. Then, it is made conditional in the contents of the lease contract that a sum of money is given like a loan from the renter for the owner. The house is a security in compensation for this money. Then, in this situation, there is no interest in this transaction and the transaction is proper.

34 Friday Prayer. Salatul-Jumu'ah (Friday Prayer), as we had mentioned in Issue 289, is obligatory in the time of the sacred lawgiver (the Holy Prophet, may the Blessings of Allah be upon him and his family), the Infallible A`immah, upon them be peace (and the time of) the specific representative of the Imam. However, in the time of the absence of the Imam Al-Mahdi (may our souls be his ransom) it is Waajib Takhyeeri, meaning that if any one of the two prayers, in other words, Friday Prayer and Salatuz-Zuhr, are performed, it is sufficient. However, the precaution is to prefer Salatul-Jumu'ah in the era of the formation of the Islamic government.

35 It is obligatory that Friday Prayer be performed in the manner of a congregation. In the convening of the congregation, it is conditional that the number of individuals of the congregation be five at the minimum (the Imam of the Friday Prayer and four followers).

36 The Friday Prayer is not obligatory upon travelers, women, the sick and the disabled. However, when these (categories of people) are present and pray the Friday Prayer with the congregation, their prayers are correct. However, the precaution is that the five original worshippers in the Friday Prayer are other than these (categories of people).

37 It is obligatory that there not be a distance less than one Farsakh (5.4 Km/3.4 Mi.) between two congregations both praying the Friday Prayer. When (the distance was) less than that, the congregation which precedes (the other) in time is proper and the second is invalid (meaning second in convening the congregation).

38 Those who live around two Faraasikh (10.8 Km/6.8 Mi) from the place of the Friday Prayer, the rule of Friday Prayer includes them. When there is an obligatory Friday Prayer (in that area), their presence is obligatory in this prayer.

39 The time of the Friday Prayer is from the beginning of Zuhr in the amount (of time necessary for) the Azaan, the sermon (Khutbah) and the prayer, according to the customary practice. When this amount of time has lapsed, the time for Friday Prayer terminates and it becomes obligatory to perform Salatuz-Zuhr.

40 The method of The Friday Prayer. The Friday Prayer is considered as two Raka'ah, like Salatul-Fajr, and two sermons (which are obligatory) to be given before the prayer. It is obligatory that the two sermons include the following matters:

1) Praise and glorification of Allah.

2) Prayers upon the Prophet Muhammad and the family of the Prophet Muhammad, may the Blessings of Allah be upon him and his family.

3) An exhortation, guidance and advice for fear of Allah

4) Recitation of a short Surah in each sermon, like Surah Al-Ikhlaas and Surah Al-Kaafiroon or Surah Al-'Asr, according to obligatory precaution.

5) Just as it is obligatory upon the leader (Imam) to implore forgiveness for himself and the believing men and women, in the second sermon he should pray upon the Infallible A`immah, upon them be peace, mentioning their names one by one when praying for them.

According to this, the first sermon includes five parts and the second sermon includes six. It is obligatory that the leader give the two sermons in the state of standing; that he sit a moment between (the two sermons); that his voice reach (as many) worshippers as he is able and that he admonish and give guidance (in the two sermons) in the language and expressions which people understand.

41 The speaker (in Friday Prayer) should wear the Turban ('Amaamah) and cloak ('Abaa`ah) and lean on a staff or something similar to that, (and he should) greet the believers before beginning the sermon, (and likewise,) he should explain to people the important political, social and ethical issues related to Muslims and the Islamic world and, in particular, to that region. (He should) advise them of their duties and obligations in face of these issues and warn them of the strategies of the enemies and their agents.

A summary: It is necessary for the speaker (in Friday Prayer) to take the most advantage of whatever is possible in the sermons in reforming souls and familiarizing people with the important issues which is one of the original purposes of this sermon.

The sermon should be in a clear, eloquent and penetrating language in order that the sermon has the maximum affect on the souls of people; (and that) the benefit of this religious, political duty be completed in a perfect manner; (that) divisive issues are avoided and that the Muslims are called to unity in face of their enemies.

42 The obligatory precaution is that the worshippers, at the time of the two sermons of Friday Prayer, are with purification (Tahaarah); that they sit in front of the Imam and observe silence and listen to the sermons. However, when one of them intentionally talks during the sermon, his prayer is not invalidated, although he has committed an offense (of deviation from the proper etiquette).

43 When the follower did not hear the sermon and shared in the prayer, or he only reached (in time) for one Raka'ah, the Friday Prayer is correct. However, the obligatory precaution is that one not be late intentionally.

44 It is obligatory that the sermon be after the Azaan of Zuhr. When the two sermons were performed before Zuhr, they are to be repeated.

(Compiled on the 24^th of Rajab 1414)