Introduction
موجز أحكام العبادات brief of legitimacy rules In the name of Allah, The Beneficent, The merciful
Introduction
All praise is due to Allah , and peace be upon Mohammad and his progeny the good and the pure. All Curse is to be on their enemy till the day of doomsday . Oh Allah help us and all the students for knowledge and useful work by Mohammad and his progeny . Now :- Writing brief of FIQH (jurisprudence ) is needed to be substitute from the old and new jurisprudence courses , like Al-TABSERAH and WAJIZ , which isn’t enough for beginners in Hawza or inside general educational courses . So I had an opinion to abbreviate one of the RESA'AL-ELMIYAH . I begin with AL-MASAAL AL-MUNTAKHBAH for Ayatollah al-Uthma as-Sayyid Ali al-Husaini as-Seestani to prolong his life . I refine it leaving strange issues and many branching . So its fatwa became absolute after it was restricted , general after it was specified .Authorized all that to the teacher knowledge and the attention of the student by review the material in the original books . And what he is going to study in the coming stages . The goal is to let the student be familiar ,in no more than a year , with all fiqh branches , in order not to be strange with Hukm or an issue . I found to give priority to some of these on the other ,
P1 P2 In The name of Allah the beneficent the merciful All praise is due to Allah, and peace be upon Mohammad and his progeny the good and the pure, all curse is to be on their enemy till the day of doomsday . Taqlid (imitation) It is necessary for a Muslim to acquire the obedience of obligatory orders directed to him from the religious law . This happened in one of :- Yaqeen Tafseely (detailed certitude) ,Ejtihad (diligence) ,Taqlid (imitation) , Ehtiyad (caution) . While Yaqeen Tafseely is mostly limited in necessary . So there is no way for a Muslim except take one of the previous three . Ejtihad (diligence):- capability of inferring and deducing from the religious sources and evidence . Taqlid (imitation) :- It's enough when mukalf works fitting with fatwa of Mujtahid (a jurist), which his saying is plea to him with obtain his works fitting to fatwa. Ehtiyad(precaution) :- It's an action which to be sure that he is innocents from unknown reality . Ejtihad is wajib kefa'y (enough) if one man stand for it .If this man is due so it isn’t Haram (inviolable) for the rest if they don’t be Mujtahid. But in case all the mo'mens left it that means all of the deserve punishment . Sometimes it is impossible for some mukalfs to work in Ehtiyad ,or it's difficult for them to distinguish sources as you'll know . So who can't deduce he must be Muqlid(imitator) . 1-Mujtahid is either absolute or partial , absolute Mujtahid who can deduce in all fiqh branches . Partial Mujtahid (mutejeze) who can deduce in some fiqh branches . 2- The afflict problems –like Shek (doubt) and Sahu (inattention)- mukalf must learn its verdict , unless he is sure that he isn’t afflict . 3- Non Mujtahid performs his acts some time without taqlid of Mujtahid and not with Ehtiyad , it's void. Unless he achieve his agreement to the verdict of whom he should taqlideh (imitate) . 4- There are three ways of obtaining the verdicts of a Mujtahid:-
a. When a man hears from the Mujtahid himself.b. When the verdict of Mujtahid is quoted by tow just persons or trusted person. c. By reading the Mujtahid's Resaalh A'amelyah , provided that , one is satisfied about the correctness of the book . 5- Work in Ehtiyad is permitted , if it need to repeat the action or not .Ehtiyad may require do or not , sometimes gathering between the two with repeating or without it.First – If Hukm of an action hesitated between Wojub(necessity) ,non Hurmah (sanctity) and Ehtiyad it's required to do it then.Second – If Hukm of an action hesitated between Hurmah(sanctity) ,non Wojub(necessity) Ehtiyad in it required to leave. Third – If Wajib hesitated between tow actions , like if mukalf doesn’t know in a specific place to do Tamam(a complete) salat or Kesr(shorten). So Ehtiyad here required to pray Tamam once and Kesr another . Fourth– If he knows in general with Hurmah of something or Wojub something else , in this case Ehtiyad required to leave the first and do the second . 6- Any activity mukalf can't be Muhtad , he should be a mujtahid or be Mugalid .Like if hokum of a subjective money hesitated between tow Zagheer(small),two crazy(Mejnoon) , or Zagheer and crazy(Mejnoon) .So maybe it is difficult to work as Muhtad , in this case he must be a Mujtahid or Taqlid . (non mukalf small boy who hasn’t complete 15 years in Hijry Calendar, for girl completing 9 years in Hijry Calendar) P3 7-Taqlid is accepted from Mumeyz(distinguishing) boy, if his mujtahid died before he become mature ,his hokum is like adult. 8- Yejooz(allowable) taqlid who has:-1.Mature . 2. Mind (not crazy).3. Manhood .4. Eyman (that is to be Twelver believe in twelve Ma'sum).5.A'daleh (just).6.Tahart almawld (cleanness of birth). 7. THubd (adjust) , it means his adjust is not less than from customary .8. Ejtihad .9.To be a live ( on detail coming later ) .9- Taqlid the dead Mujtahid is two parts : initial and remaining .a. Initial taqlid is to imitate dead mujtahid, without imitating him in his life .b. Remaining taqlid is to imitate a mujtahid in his live , and keep on that imitating after same mujtahid dead .10- It is prohibited to imitate the dead mujtahid initially .Even if he having more knowledge than the life A'alam (Mujtahid).11- It is prohibited to deviation back to the dead mujtahid after deviation from him to the life one, and work according to his fatwa , unless it appears the first deviation from the dead wasn't right .12- Al- Ea'lam (Mujtahid has more knowledge than the other Mujtahids) is more able to deduce hokums by be more encirclement to the sources and its applications from the rest . 13- To recognize the Ea'lam you must ask the trust people who knows from the experience and deducing. It is prohibited to go to those whom has no experience in such issue . 14- If we have more than one mujtahid with fill conditions, here we have two pictures :-1-Muklf doesn’t know difference in fatwa between them in his afflict problems, in this case he is allowed to imitate anyone of them. Even if he knows one of them is Al-Ea'lam .2-If he knows generally the difference between them in his afflict problems , he must imitate Al-Ea'lam . 15- If Al-Ea'lam has no fatwa in a specific problem , or Muqlid doesn't know fatwa at his afflict time . He is allowed to imitate another mujtahid ,taking in consideration more Al-Ea'lam then Ea'lam . 16-Al-Ea'lam or Ejtihad proved by one of the following things :-1-Elem wijdani (sentimental knowledge) or to be certain of rational sources- like test and so on- it happened by test if Muqlid able to recognize that . 2- Testimony of two just men in it (Al-Ea'lam or Ejtihad ), Adaleh is:- to be straight forward in the holy Shery'ah way which mostly found from fear exist inside soul .The opposite is to leave wajib and do Haram (prohibited) action without insurer . The testimony of the two just men should be ones of experiences people , and not be opposite with same testimony from two just men , with disagreement take the testimony of whom more experience . P417- Ehtiyad mentioned in this book two parts:- Wajib and Mustaheb ,and we express about Ehtiyad wajib by ( Ahwad wojuben , luzomn , wojubh based on Ehtiyad , or based on Ehtiyad luzomy or wojuby and so on ) and in the same hokum if we say ( yeshkl so , It's mushkl , mehl eshkal ) and we express about Ehtiyad Mustaheb by (Ahwad Esthbaben ) or ( Alahwad alawla ). 18- Ehtiyad Mustaheb you don’t have to work in it , while Ehtiyad wajib you must in its sources work in Ehtiyad .or go to another Mujtahid , taking in consideration Ea'lam then Ea'lam . Wajibs and Muharem
All Elzamy (compulsory )Tekalif that mentioned previously أعد الترجمة الشيخ / أمير ياسين الولي ·
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