Chapter 1: Ijtihad And Taqlid
Knowing The Religious Laws
The Islamic Life is classified into three different categories:
(1) The Belief System or the usul (bases) of religion
(2) Religious practical regulations which are called "the branches of religion" or ahkam (rulings)
(3) The Spiritual Matters which are called akhlaq (morals)
The first category deals with man's ability to think correctly and have a correct belief system. A mukallaf1 must reach a level of certainty, with proofs that he has accepted, regarding this issue. Because this category of Islam, the belief system, requires a Muslim to obtain certainty, following others (taqlid) in this matter is not permitted at all.
The second category is the religious regulations that consist of a bunch of dos and don’ts. Following them (with a correct belief system) one will truly obey God.
A mukallaf, in regards to learning these dos and don’ts, must reach the level of ijtihad and be able to derive the laws from their sources, or he may do taqlid (imitation) to someone who has the ability to derive the laws from their sources, or he may practice precaution.
Bearing this in mind, the duty of a mukallaf is one of these three choices: “ijtihad”, “taqlid” or “precaution”.
Before we explain these items in detail, we must explain what a mukallaf is and what the conditions of being a mukallaf are besides categorizing the religious laws.
The Conditions Of Being A Mukallaf
Allah has distinguished man from the other members of his creation and given him the ability to think, reason and make decisions. He also has made him responsible to do his religious duties, which, after struggle, will allow him to achieve bliss.
The one, who has these conditions, is called a mukallaf and he must follow his religious duties.
A mukallaf must: (1) be of age, (2) have reason, and (3) have the physical ability.
So, a sane person who is of age and has the physical abilities to perform the commandments of Allah and keep away from the things Allah has prohibited, is responsible to undertake his duty before Allah.
One who disobeys these commandments will be punished on the Day of Resurrection. Of course, there will be a reward for those who obey. One who is not of age (child), one who is not sane, or one who does not have the physical ability is not considered as a mukallaf and for him there is nothing obligatory or prohibited.
Therefore, if a child or an insane person lies or does not perform his prayers, he will not receive a divine punishment. Of course, from the grace of Allah, there are many acts one can perform so that he will be rewarded for. For example, a child who offers prayers correctly or performs the Hajj, will be rewarded by his Lord. But a mukallaf who does not perform these duties will be punished.
The guardian of a child or an insane one (or the Islamic government in many cases) is responsible for the bad acts of that child or that insane one. In this light, it is obligatory on the guardian to prevent his child from violating the rights of others and the ruler of a nation, who is responsible for keeping the public order and achieving justice, has to punish wrongdoers.
Regarding the one who does not have the physical ability to perform the obligations or to abstain from the prohibited things, in some cases he is not responsible for that. For example, a sick one has not to fast, although he is not exempted from other rulings. This matter has been explained in different areas of jurisprudence.
Who Is One Of Age?
One, who has found in himself one of the following signs, has become of age.
(1) Releasing of sperm, in sleep or wakefulness, as a result of sex or not
(2) The growth of pubic hair2
(3) Reaching 15 years of old for a male and 9 years for a female3 due to the Islamic calendar.
It is not necessary that all the signs should appear; only one of them is sufficient. For example, if a child sees that sperm comes out from him, even if he has not reached the required old, he becomes of age and must perform the Islamic regulations.
Classification Of The Islamic Laws
(1) Obligatory: an act that must be performed, while not performing it will cause one to be punished, such as the daily prayers.
(2) Prohibited: an act that must be avoided and if it is practiced it will cause one to be punished, such as lying.
(3) Recommended: an act that is good to be performed and one will be rewarded for it, but when being not performed, one will not be punished.
(4) Makruh: an act that if one does not perform it, he will be rewarded, but if he performs it, he will not be punished.
(5) Mubah: an act that, if avoided or performed, does not merit a reward or punishment.
Another Classification Of The Islamic Laws
(1) Badihi4: for example, the obligation of prayer or the prohibition of adultery, that everyone knows.
(2) Non badihi5: this category is divided into two parts:
(a) The Islamic regulations that precaution can be applied to
(b) The Islamic regulations that precaution cannot be applied to, or the way of precaution is not clear.
The first category are the rules in which taqlid is not necessary. The second category is the rules which precaution can be applied to, if the person knows how to practice precaution, though there is no problem in following taqlid as well.6
The last category of religious regulations that is neither badihi, nor something that precaution can be applied to, is on ijtihad or taqlid. Man, in this category, must either become a mujtahid, or follow a mujtahid through taqlid.7
After this introduction (the conditions of a mukallaf and the categories of religious laws), we will begin to investigate the rules of ijtihad, taqlid and precaution.
The literal meaning of ijtahad is to struggle and strive.
The term is used in jurisprudence to mean the deriving of religious rulings from their sources. The person who can do this is called a mujtahid.
The sources of the religious rulings are the following:
(1) The Qur'an
(2) The Sunna8, which is classified into the three following categories:
• The sayings of the infallible
• The actions of the infallible
• The acceptance of others’ sayings and doings by the infallible
(4) The consensus of religious scholars when most of the mujtahids agree on a matter.
Introduction To Ijtihad
The sciences that are needed by one to get to the degree of ijtihad are the following:
(1) Arabic language:
• Morphology; the form (including change, formation, and inflection) of words in a language
• Grammar: the branch of language study or linguistics which deals with the means of showing the relationship between words in usage
• The art of writing beautifully and understanding beautiful works
• Vocabulary; understanding the Arabic words
(2) Logic: the science of correct reasoning and thinking
(3) Usul al-fiqh: the science of deriving the religious laws and verdicts
(4) Rijal: the science of knowing all about the narrators of traditions whether reliable or not
(5) Diraya: the science of knowing the meanings of the traditions as well as knowing which ones true and which ones are false
(6) Qur'anic sciences: commentaries, when the verses were revealed, etc.
(7) Knowing about the conditions and the language of the people at the time when the Qur'an was revealed, and the traditions were said
(8) Knowing about the views of people in the past so that the consensus would be regarded
(9) Studying the religious verdicts of the Sunni scholars especially the points of disagreement
(10) Making evert effort in delivering the religious verdicts so that this science become so easy to a mujtahid
(11) Learning the above sciences and having the necessary conditions, one must act according to what he derives.
Categories Of Ijtihad
• Complete ijtihad: the one who has reached this level is called a mujtahid mutlaq (absolute mujtahid) and is one who can derive religious rulings in all fields of jurisprudence.
• Incomplete ijtihad: The one who has reached this level is called a mujtahid mutajezzi and is one who can derive religious rulings in only some of the fields of jurisprudence.
Ijtihad is a kifa’i obligation (an obligation when the duty is obligatory on the all until a person or a group of people fulfill it). If some people become mujtahids, then it is not obligatory on the rest.
If one does not have the conditions to give a religious verdict, then passing of that verdict is prohibited for him.
Taqlid is used in jurisprudence to mean acting according to the religious rulings of a mujtahid.
(1) For every mukallaf who has not reached the level of ijtihad and does not know the ways to practice precaution, it is obligatory to undertake taqlid to a mujtahid in the religious laws.9
(2) Taqlid in the religious laws is not limited to the things that are obligatory or prohibited, but it also includes the recommended, Makruh and Mubah things.9
(3) The mujtahid whom people do taqlid to (imitate) is called marji' taqlid.
(4) A marji' taqlid must be endowed with the following conditions:
(1) Ijtihad, (2) Reasoning, (3) Adultness, (4) Justice, (5) Being Male, (6) Alive, (7) Of a legal birth, and (8) Twelver Shia.
As an obligatory precaution, he must be the most knowledgeable among the ulama and not look forward to the pleasures of this worldly life.10
(5) A just person is one who has the ability to be just. Justice is a spiritual state that a person, who is pious and does not commit any of the major sins and does not repeatedly commit any of the minor sins, has.11
(6) The most knowledgeable one is he who has the best knowledge of religious rulings. He knows the views and has a better command on traditions. He understands the traditions better. In short, he is the one who has the strongest ability to derive religious rulings.12
(7) Starting to do taqlid to a dead person is not allowed.13 What is meant by that is that someone who just turned mukallaf or until now has not made taqlid to anybody, cannot do taqlid to a mujtahid who has passed away. Instead, he must do taqlid to a living mujtahid.
But, if he has followed the verdicts of a mujtahid, or some of the verdicts, he can remain on the mujtahid's taqlid after his death. He is allowed to do taqlid even in the rulings that he did not follow during the mujtahid's life. Of course, keeping on the taqlid of a dead mujtahid can only be done with the permission of a living mujtahid. For example, it is only permissible when a living mujtahid gives permission to do taqlid to a dead mujtahid.14
(8) One who has kept on the taqlid of a dead mujtahid must, in the rulings in which the former mujtahid did not give an opinion, follow the alive mujtahid.15
(9) It is obligatory upon the mukallaf to search and find the most knowledgeable mujtahid.16
(10) The duty of a mukallaf, who is not a mujtahid, during the time of his searching for the most knowledgeable mujtahid is:
(a) During the time of searching for a mujtahid, one must practice precaution.
(b) After one has found a mujtahid, but is searching for the most knowledgeable one, he must follow the rulings of the one that he thinks is closer to be the most knowledgeable one. For example, if mujtahid A, mujtahid B and mujtahid C are all considered to be most knowledgeable, one must follow the verdicts that are closer to precaution.17
(11) The duty of a mukallaf, when there are two mujtahids and it is not possible to determine who is the more knowledgeable one of them (when it is known that one of these two is more knowledgeable than the other, but it is not known which one he is), is:
(a) If it is possible to act according to precaution between the two, then as an obligatory precaution one must do that.
(b) If it is not possible to act according to precaution, then one must choose the verdicts of one of the mujtahids.
(12) If two mujtahids have an equal amount of knowledge, a mukallaf can choose between the two. He can also take some rulings from one of them and some from the other.18
(13) If there are two mujtahids, one of them is more knowledgeable in rulings regarding worship and the other is more knowledgeable in rulings regarding transactions; then, as an obligatory precaution one must follow the more knowledgeable in that particular section.19 Even if inside the section of transactions, one mujtahid is more knowledgeable in a certain sub-division and another mujtahid is more knowledgeable in another sub-division, it is an obligatory precaution to follow the more knowledgeable one in each sub-division.20
(14) A mukallaf is free in choosing which one he would do taqlid to. He does not have to listen to others. For example, a wife does not have to do taqlid to the same person that her husband imitates. She has to do taqlid to anybody whom she thinks to be the most knowledgeable, even if her husband follows another mujtahid.21
The Ways To Find Out If A Person Is A Mujtahid Or To Find The Most Knowledgeable
(1) Personal knowledge, in the case that he is a scholar and can differentiate between a mujtahid and a non-mujtahid or the most knowledgeable or not the most knowledgeable person.
(2) Knowing that someone is the most knowledgeable, means that it is known among the people of experience (people who have the ability to pick the most knowledgeable person or be able to know who is a mujtahid), that that someone is a mujtahid or the most knowledgeable person.
(3) Testimony of two just people from the ahlul-khibra (the people of experience) with the condition that two other just scholars do not give a contradictory opinion.22
Ways Of Receiving A Verdict From A Mujtahid
(1) Hearing it from the mujtahid himself.
(2) Hearing it from two just persons.
(3) Hearing it from one trustworthy person.
(4) Reading it in a book of religious rulings from the mujtahid that does not have mistakes in it.23
Switching From One Mujtahid To Another
• Switching from a person who is not the most knowledgeable to the most knowledgeable one: as an obligatory precaution, he must switch.
• Switching from one mujtahid to another mujtahid who has an equal amount of knowledge: It is not permissible, with the condition that one has acted according to a verdict of the first mujtahid.24
• Switching from the most knowledgeable person to someone who is not the most knowledgeable: not permissible.
• Switching from a mujtahid who has been followed for some time, but recently has become clear that he does not have the ability to give a religious verdict: obligatory.
• Switching from a mujtahid who has lost one of the conditions necessary for being a marja’ taqlid, for example, he became insane or forgot everything, to a mujtahid that has all of the conditions: obligatory.
• Switching from a mujtahid who until now has been the most knowledgeable to a mujtahid who has just now become more knowledgeable than the first: as an obligatory precaution one must switch.
• Switching from a mujtahid who has just died to a living mujtahid: permissible, even it is recommended.25
• Switching from a living mujtahid to a dead mujtahid: as an obligatory precaution it is not permissible, even if before his death he was followed and then after his death the mukallaf changed to the living mujtahid.26
(1) In switching from one mujtahid to another mujtahid, one should act according to the religious verdicts of the second one. It does not need to get the permission of the first mujtahid to do this.27
(2) If the most knowledgeable mujtahid has not passed a verdict on a particular issue, a mukallaf may get that ruling from another mujtahid. As an obligatory precaution, the second mujtahid must be the most knowledgeable of the rest of the mujtahids (except the first one, of course).28
(3) If a mujtahid changes his religious verdict, one must follow the new verdict. Continuing to follow the old verdict is not permissible.29
(4) If the mukallaf has a doubt about the changing of the mujtahid's verdict, he can act according to the previous verdict till the matter is cleared up.30
(5) If the mukallaf has a doubt that the mujtahid to whom he does taqlid (imitates) has all the conditions of a marja’ taqlid (for example, he doubts whether he is just or not), and if the mujtahid had the conditions before and now the doubt is if he has lost one, the doubt is void. But, if the doubt is that if, from the beginning, that mujtahid had the conditions or not, he must search to be certain about that.31
(6) Learning the rules of doubts and forgetfulness, that a mukallaf usually needs to know, is obligatory except when one is sure that he would not need it.32
(7) If, in the middle of prayer, a situation arises in which one does not know the ruling and it would not be possible in that state to find it out, the mukallaf should do what he thinks is right, finish the prayer, and find out the answer after the prayer. Then if it becomes clear that he acted according to the verdict of the mujtahid, his prayer is correct. But, if he did not, then his prayer is void.33
The Duty Of One Who Acted Without Taqlid Or His Taqlid Was Void
(1) One who, for some time, performed his duties without taqlid, when he understands that:
(a) He performed his duties in the way they actually should be performed.
(b) His actions were in line with the mujtahid whom he was supposed to do taqlid to.
(c) His actions are in line with the mujtahid that he is supposed to follow now.
(d) His actions were in line with precaution.
In all of these situations his actions are correct.34
(2) If someone did taqlid to one who did not have all of the qualifications, it was as if he performed his duties without taqlid. 35
(3) If a mukallaf, for some time, performed his duties without taqlid and he does not know exactly how long it was, he should refer to the conditions in the first ruling of this section. If the previous duties he offered were correct, then he has not to offer them again, but if they were void he must offer the least amount that he is certain was void.36
(4) If someone doubts about the correctness of his previous taqlid, his doubt is void and the taqlid is considered to be correct.37
(5) If some time has passed since one became of age and he doubts whether his previous duties were performed with taqlid or not, his doubt is void and his previous actions are considered to be correct.38
(6) If someone, without the permission of a living mujtahid, keeps on the taqlid of a dead mujtahid, it is as if he performs his obligations without doing taqlid.
The word precaution is used in jurisprudence to mean an action done in such a way that a person reaches certainty that he does his duty correctly.
(1) Performing duties using precaution is permissible for everyone (mujtahid or non-mujtahid). But that one must know where he can follow precaution. Only a few people know this, because learning these cases is a difficult task and it needs complete knowledge of how to perform them with precaution.39
(2) Sometimes when someone acts with precaution, he must repeat the action and sometimes he does not have to.40
Example 1: Someone who does not know if he has to pray a full prayer or a shortened (Qasr) prayer, if he wants to act by precaution, he must offer both complete and shortened prayer.
Example 2: Someone who does not know whether the Adhan or the Iqamah is obligatory for the prayer or recommended, if he wants to act by precaution, he must recite them.
(3) If a mukallaf knows that an action is not forbidden, but does not know if it is obligatory, recommended, Makruh or Mubah, he can, with the intention of hope, perform this action. There is a good chance that this action would be a good action.41
(4) If a mukallaf knows that an action is not obligatory, but does not know if it is forbidden, recommended, Makruh or Mubah, he can refrain from it because there is a good chance that it might be a bad action.42
(5) The difference between obligatory precaution and recommended precaution:43
Every precaution that has been mentioned in the religious books of jurisprudence is either obligatory or recommended. They are different in two ways: one is in the knowledge about the precaution, to see what category it belongs to and the other is how to act due to precaution, and what the duty of a mukallaf is.
The first difference: obligatory precaution is a precaution without a verdict. Recommended precaution is a precaution along with a verdict.
If a mujtahid has passed a verdict and also mentioned a precaution along with it, this is a recommended precaution. If the mujtahid did not pass a verdict and started with saying ‘as a precaution…’ this precaution is an obligatory precaution that also has the name of an absolute precaution.
Example of a recommended precaution: In ghusl irtemasi (ablution by being immersed in water), if, with the intention of a ghusl irtemasi, one, step by step, lowers his whole body under water, the ghusl is correct and as a precaution he should lower his whole body at once under the water.44
Example of an obligatory precaution: It is a precaution that a praying person should not use something najis (impure) to cover his private parts with.45
The second difference: the mukallaf, with regards to a recommended precaution, must either act due to that precaution or the verdict that is along with the precaution. He cannot act due to another mujtahid's opinion. With regards to an obligatory precaution, the mukallaf can either act according to that precaution or he can act according to the verdict of another mujtahid.46
The Duty Of One Who Tells Verdicts To The Public
If one makes a mistake in relating a religious verdict, it is obligatory for him to tell those that learned from him and correct the false information.47
If one relates the verdict of a mujtahid to others, then the mujtahid changes his own verdict, it is not obligatory upon the person to tell those whom he has told the change of the mujtahid's verdict, although it is a recommended precaution48
Just thinking that a mujtahid's verdict is so and so is not enough to either act due to it or to relate it (the mukallaf must have reached a level of certitude), except, if this thought came to his head from the words of the mujtahid, someone who related it to him, or he read it from the mujtahid's book of religious verdicts.49
If There Are Differences In A Religious Verdict Due To Different Ways Of Obtaining The Verdict
(1) If two persons relate different versions of a mujtahid's verdict: the version of either of those people cannot be accepted.
(2) If the religious verdict is heard from the mujtahid himself, and another person relates it in another way: what is heard from the mujtahid is correct.
(3) If what is in the mujtahid's book of religious verdicts is different from what is heard from the mujtahid: what is heard from the mujtahid is correct.
(4) If what is written in the mujtahid's book of religious verdicts is different from what someone relates: if the mujtahid's book of religious verdicts does not have any mistakes, then what is written in the book is correct, unless, the person relating the verdict, says that the mujtahid himself has changed his view after the publishing of the book.
(5) A verdict is written one way in one of the mujtahid's books of religious verdicts and another way in another of his books: The mujtahid's book of religious verdicts that is newer should be followed. (For example, if there are differences in Tahrir al-waseela and Tawdih al-Masa’il, what is in Tahrir al-waseela should be accepted).
The Duty Of A Mukall Af Towards The Differences In The Fatwas Of A Previous Mujtahid And A Present One
If a marja’ taqlid leaves this world, or for another reason the mukallaf switches to another mujtahid and there is a difference of opinion in the religious verdicts between the last mujtahid and the present one, in some cases one has to act due to the verdicts of the present mujtahid and in some cases due to the verdicts of the previous one. We give some examples:
(1) The previous mujtahid decided that reciting the four tasbihs once in the third and fourth rak’as was enough and the mukallaf did just that. The present mujtahid decides that one time is not enough: The prayers that were offered are considered correct.
(2) The previous mujtahid judged that hitting the hands one time on the ground is enough for tayammum but the present mujtahid judges that that is not enough: the previous actions are accepted.
(3) The previous mujtahid judged that a contract should be done in a certain way and the mukallaf did it that way. The new mujtahid judges that that way was incorrect: the previous contracts are accepted.
(4) The previous mujtahid judged something to be tahir (pure) and the mukallaf did not avoid it, but the new mujtahid judges that same thing to be najis (impure), then the previous actions are accepted but if that thing still exists (on his clothes for example) it is considered as najis.
(5) The previous mujtahid judged that an action was either permitted or forbidden and the new mujtahid judges the opposite to the previous fatwa: there is no problem with whatever happened in the past, but if there something that still exists from that action, one must follow the new mujtahid's fatwa regarding it.50
For example: The previous mujtahid judged that thabh51 with a non-metal tool is permissible but the new mujtahid judges that it is not permissible. If the animal was killed and either sold or used, the transaction was correct, and the usage was Mubah (permissible). But, if the animal is still there, it is impermissible to do anything with it.
(1) If in a business transaction, the seller does taqlid to one mujtahid and the buyer does taqlid to another mujtahid, and both mujtahids have their own special rulings in transactions, the verdicts from one mujtahid would be correct for the one who follows him and void for the other.52
(2) If a person becomes a legal representative of someone else (for example, in the paying of khums, zakat, kafarah, some contract or the likes), it is obligatory to follow the rulings of the marja’ taqlid of the person whom he is a representative of or doing work for. But, if gets fees to do something for another person (for example, performing the pilgrimage or prayer), he has to follow the verdicts of his own marja’ taqlid.
(3) Disobedience of the rulings of a leader possessing all of the conditions (Waly al-faqih) necessary is not permissible, even for other mujtahids, unless, it is clear that the leader has made a mistake in that ruling.53
(1) What is the mukallaf's duty in regard to the main principles and branches of religion?
(2) Give five examples of dos and don’ts in Islam.
(3) Give five examples for the following terms: obligatory, forbidden and recommended actions.
(4) Give five examples of badihi rulings.
(5) What is meant by “sayings, actions and acceptance of the infallibles?” And what category are they in?
(6) What is a mujtahid mutajezzi? Give an example.
(7) Who is a just person, and how can we know him?
(8) What is the duty of a mukallaf when it is not clear who the most knowledgeable person is?
(9) What is the duty of a mukallaf who has remained on the taqlid of a dead mujtahid in regard to new rulings (for example, war and jihad)?
(10) Is it possible to do taqlid to one mujtahid in certain rulings and to another mujtahid in other rulings?
(11) Is it possible from reading the mujtahid's book of religious verdicts to learn the ways of doing precaution and act upon them?
(12) In the following rulings, specify if the precaution is obligatory or recommended:
• As a precaution, if a non-mahram hears the voice of a women praying, she should recite the Hamd and other sura in a low voice (in the morning, sunset and night prayers).
• It is enough to wipe the head (without a specified amount) for wudu, but as a precaution one should wipe the length of a finger with the width of three fingers.
• As a precaution, not to accept a pay for teaching the obligatory parts of the prayer.
(13) What is the duty of someone who related a religious verdict to a group of people, and then he understood that he made a mistake in the verdict, but he could not find those people?
(14) What is the duty if there are two rulings of a mujtahid on the same subject, but they are different, and the date of the rulings is not clear?
(15) A person did taqlid to one mujtahid who judged that paying khums on the tools used for working was not mandatory. That person did not pay his khums. Now he has switched to a new mujtahid who judges that paying khums on these items is mandatory. The tools are still in use. What is the person's duty?
(16) Should the person, who offers the (owed) prayers for a dead person (istijari prayers), follow the marja’ taqlid of the dead person or his own marja’ taqlid?
(17) Is it obligatory to follow the rulings of the Waly al-Faqih for people who are doing taqlid to other mujtahids?
- 1. A mukallaf is one who is obliged to perform the religious duties. Therefore, one, who has not reached the specified age or is insane, would not be considered a mukallaf.
- 2. Over the private parts or below the testicles
- 3. Tahrir al-Wasa’il, vol. 2, p. 13, ruling 3.
- 4. Badihi is the knowledge that everyone has in such a way that he does not have to think to obtain it, such as the saying that the whole is bigger than the part or the likes of that.
- 5. Non Badihi is the opposite of Badihi in the sense that one must think to obtain this knowledge.
- 6. Ayatollah Khamene’i: It is necessary to know in which areas precaution is allowed and how to use precaution in them. Only a few people know this science. In most cases the person using precaution would need to spend more time (performing his duties). For this reason, it is better to imitate (do taqlid to) a well-qualified mujtahid who has had all the conditions required. (Ajwibat al-Istifta’at, vol. 1, p. 5, rule 2).
- 7. Al-Urwat ul-Wuthqa, vol. 1, p. 4, rule 6, Minhaj ar-Reshad, p. 19.
- 8. The traditions of the holy Prophet (S) and the infallible Imams (‘a).
- 9. Tahrir al-Wasa’il, vol. 1, p. 5.
- 10. Towdheeh al-Masa’il, rule 2. Ayatollah Khamene’i: as an obligatory precaution, a mujtahid must be able to control his desires (Ajwibat al Istifta’at, vol. 1, p. 8, question 12). If the most knowledgeable mujtahid passes a religious ruling that opposes precaution and the religious verdict of a mujtahid who is not the most knowledgeable is not opposite to precaution, it is not obligatory on one to follow the most knowledgeable mujtahid's ruling (Ajwibat al-Istifta’at, vol. 1, p. 10, q. 19)
- 11. Tahrir al-Wasa’il, vol. 1, p. 10, rule 28. Ayatollah Khamene’i: A just person is someone who has reached a level that he does not intentionally get involved in sins. (Muntajaba az istifta 'at, p. 1, q. 2).
- 12. Ayatollah Khamene’i: The criterion for the most knowledgeable mujtahid is a greater competence of the marja’ taqlid, compared to other mujtahids, in the following realms:
The identification of the laws of Allah, the Exalted
The inference of the divine obligations from their proofs
Familiarity with the situation of his time insofar as it affects the identification of the subjects of religious rules and influences the expression of the juristic opinion needed for the clarification of the religious duties; a requirement that plays some role in ijtihad as well. (Ajwibat al-Istifta’at, vol. 1, p. 9, question 15).
- 13. Ayatollah Khamene’i: as an obligatory precaution (Ajwibat al-Istifta’at, vol. 1, p. 10, question 21).
- 14. Tahrir al-Wasa’il, vol. 1, p. 7, rule 17.
- 15. Istifta 'at, vol. 1, p. 12, question 20.
- 16. Tahrir al-Wasa’il, vol. 1, p. 6, rule 5.
- 17. Al-Urwat ul-Wuthqa, vol. 1, p. 16, rule 50.
- 18. Tahrir al-Wasa’il, vol. 1, p. 6, rule 8.
- 19. Ayatollah Khamene’i: of course, if there is a difference between their opinions (Ajwibat al - Istifta’at, vol. 1, p. 10, question 7).
- 20. Al-Urwat ul-Wuthqa, vol. 1, p. 16, rule 47.
- 21. Istifta'at, vol. 1, p. 13, question 25.
- 22. Tahrir al-Wasa’il, vol. 1, p. 8, rule 19. Ayatollah Khamene’i: if a person reaches a level of confidence that a certain mujtahid is most knowledgeable, it is enough. (Ajwibat al-Istifta’at, vol. 1, p. 11, question 24).
- 23. Tahrir al-Wasa’il, vol. 1, p. 8, rule 21.
- 24. Ayatollah Khamene’i: as long as the marja’ taqlid is alive, as an obligatory precaution, one should not switch to another, unless he has lost one of the conditions for becoming a marja’ taqlid. (Muntajaba az istifta'at, question 47)
- 25. This is, of course, with the permission of the alive mujtahid. Ayatollah Khamene’i: In the case that the mujtahid who has died is more knowledgeable than the living mujtahid, it is a recommended precaution to keep on that taqlid. (Ajwibat al-Istifta’at, vol. 1, p. 16, question 37).
- 26. Tahrir al-Wasa’il, vol. 1, p. 6-7-8, rule 4-5-13-18; Al-Urwat ul-Wuthqa vol. 1, p. 12-13, rule 33-37.
- 27. Istifta 'at, vol. 1, p. 11, question 16.
- 28. Tahrir al-Wasa’il, vol. 1, p. 7, rule 11.
- 29. Al-Urwat ul-Wuthqa, vol. 1, p. 12, rule 31.
- 30. Al-Urwat ul-Wuthqa, p. 13, rule 39.
- 31. Al-Urwat ul-Wuthqa, p. 14, rule 42.
- 32. Tahrir al-Wasa’il vol. 1, p. 9, rule 23.
- 33. Tahrir al-Wasa’il p. 10, rule 31.
- 34. Tawdih al-Masa’il, rule 14.
- 35. Al-Urwat ul-Wuthqa, vol. 1, p. 10, rule 25.
- 36. Al-Urwat ul-Wuthqa, p. 14, rule 40.
- 37. Al-Urwat ul-Wuthqa, p. 14, rule 41.
- 38. Al-Urwat ul-Wuthqa, rule 45.
- 39. Tahrir al-Wasa’il vol. 1 p. 5; Al-Urwat ul-Wuthqa, vol. 1, p. 3, rule 2.
- 40. Al- fatawa al-wadhiha, vol. 1, p. 118.
- 41. Al-Urwat ul-Wuthqa, vol. 1, p. 11, rule 30.
- 42. Al-Urwat ul-Wuthqa, vol. 1, p. 11, rule 30.
- 43. Al-Urwat ul-Wuthqa, vol. 1, p. 23, rule 64.
- 44. Tawdih al-Masa’il, rule 367.
- 45. Tawdih al-Masa’il, rule 867.
- 46. As an obligatory precaution that a mujtahid must be the next most knowledgeable.
- 47. Al-Urwat ul-Wuthqa, vol. 1, p. 16, rule 48.
- 48. Al-Urwat ul-Wuthqa, p. 20, rule 58.
- 49. Al-Urwat ul-Wuthqa, p. 26, rule 72.
- 50. Al-Urwat ul-Wuthqa, vol. 1, p. 17, rule 53.
- 51. Slaughtering an animal due to Islamic rulings.
- 52. Al-Urwat ul-Wuthqa,vol. 1, p. 19, ruling 55.
- 53. Al-Urwat ul-Wuthqa, vol. 1, p. 20, ruling 57.