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Usurpation (Ghasb) |
Usurpation means that a person unjustly seizes the property or right of another person. This is one of the major sins according to the wisdom, traditions and the holy Qur'an. It has been reported from the Holy Prophet (s.a.w.a.) that, whoever usurps one span of another's land, seven layers of that land will be put round his neck like a yoke on the Day of Judgement.
1236. If a person does not allow the people to benefir from a mosque, a school, a bridge and other places which have been constructed for the use of the public, he usurps their right. Similar is the case when a person reserves a place in the mosque for himself, but another person drives that person out from that place and does not allow him to use it, in which case the latter person commits a sin.
1237. If a person usurps a property, he should return it to its owner, and if it is lost while it has a price, he should compensate him for it, as will be explained later.
1238. If some benefit accrues from a thing which has been usurped, for example, if a lamb is born of a sheep which has been usurped, it belongs to the owner. Moreover, if, for example, a person has usurped a house, he should pay its rent even if he does not live in it.
1239. If a person usurps a piece of land and cultivates or plants trees on it, the crop and the trees and their fruits are his own property, and if the owner of the land is not agreeable to the crops and the trees remaining on his land, the person who has usurped the land, should pull them out immediately even if he may suffer loss for that. Aiso, he should pay rent to the owner of the land for the period the crop and the trees remained on his land, and should also make up for the damage done to the land, like, he should fill up the holes from which the trees are pulled out. And if the value of land decreases because of that, he should compensate. Moreover, he cannot compel the owner of the land to sell it or lease it out to him nor can the owner of the land comple him to sell the trees or crops to him.
1240. If a thing usurped by a person perishes and if it is like a cow or a sheep, which has not much peers similar to it in characteristics affecting the demands, the usurper should pay its price; and if its market value has undergone a change on the grounds of demand and supply, he should pay the cost which was at the time it perished.
1241. If the thing usurped by a person which has perished is like wheat and barley, which has much peers similar to it in characteristics affecting the demands, he (the usurper) should pay a thing which is similar to the one usurped by him. However, the quality of that replacement should be the same as of the thing which has been usurped and has perished. For example, if he has usurped rice of superior quality, he cannot replace it with a rice of inferior quality.
1242. If the thing usurped by a person is usurped from him by another person and it perishes, the owner of the thing can take its compensation from any one of them, or can demand a part of the compensation from each of them. And if he takes compensation for the thing from the first usurper, the first usurper can demand whatever he has given from the second usurper. But if he is compensated by the second usurper, that second usurper cannot demand what he has given, from the first usurper.
1243. Any lost property other than an animal, which does not bear any sign by means of which it may be possible to locate its owner, irrespective of whether its value is less than a Dirham (12.6 peas of coined silver) or not, can be kept for himself by one who finds it, but the recommended precaution is that he gives it away as Sadaqah on behalf of the owner, whoever he may be. The same rule applies for money which has not any sign. But if there is signs like quantity or characteristics of time and place for the money found, one should announce it as mentioned in the following rule.
1244. If a person finds something which bears a sign by means of which its owner can be located, and even if he comes to know that its owner is a non-Muslim whose property must be protected, and if the value of that thing reaches one Dirham, he should make an announcement about it at the place of gathering of the people for one year from the day on which he finds that thing, and if its value is less than one Dirham, the person who finds it should, as an obligatory precaution, give it away as Sadaqah on behalf of the owner, whoever he may be. And when the owner is found, the replacement should be given to him, if he does not approve the Sadaqah given on his behalf.
1245. If the person who finds such a things makes announcement for one year, but the owner of the property does not turn up, he should act as follows:
(i) If he has found that thing at a place other than the Masjid-ul-Halal (allowed), he can retain it on behalf of the owner, so that he may give it to him when he appears, or give it as Sadaqah to the poor on behalf of the owner. As an obligatory precaution, he should not keep it for himself.
(ii) If he has found that things in the Masjid-ul-Halal (allowed), the obligatory precaution is that he should give it away as Sadaqah.
1246. If the person makes announcement for one year and the owner of the property does not turn up, and he continues to care for it on behalf of its owner, and in the meantime it is lost, he will not be responsible for the loss if he has not been negligent nor overcautious about it. And if he gave it as Sadaqah on behalf of the owner, then the owner will have an option either to approve the Sadaqah or demand its replacement. And in the latter case the reward for the Sadaqah will go to him who gave the Sadaqah.
1247. If an insane person or a child who is not Bàligh finds something which bearns a sign and is worth one Dirham or more, his guardian can make an announcement. In fact, it is obligatory upon him to announce if he has taken its possession from the child or the insane person. And if the owner is not found even after having announced for a year, he should act as rule no 2577.
1248. If during the year in which a person has been making an announcement (about something having been found) he loses all hope of finding the owner, he should give it away as Sadaqah, as an obligatory precaution with the permission of the Mujtahid.
1249. If the property is lost during the year in which he has been making an announcement, and he has been negligent in caring for it, or has been overcautious, he will be responsible to the owner for replacement, and should also continue announcing. But if he has not been negligent nor overcautious, it is not obligatory for him to pay anything.
1250. If the property which bears a mark, and has value equal to one Dirham or more is found at a place where it is known that the owner of the property will not be found by means of announcement, the finder should give it to the poor persons as Sadaqah on behalf of the owner on the very first day, and he should not wait till the year ends. As an obligatory precaution this should be done with the permission of Mujtahid.
1251. If a thing is found in a non-Muslim land, but in an area in which Muslims live, so that it can be said in all probability that the property is that of a Muslim, one should act like the rule of the found things explained before Otherwise one can take possession of it.
1252. If a pair of shoes of a person is taken away and is replaced by another pair of shoes, and he knows that the pair of shoes which has remained belongs to the person who has taken his shoes away and he would not mind if he took his shoes instead of his own, he can take them. Similar rule applies if he knows that he has been unjustly robbed of his shoes; but in this particular case, the value of shoes left behind must not exceed the value of his own shoes, otherwise the difference of the price will be treated as artical whose owner is unknown. And in any other situation other than the two mentioned herein, the shoes will be considered as articles of unknown ownership.
1253. If a man has some property of unknown ownership, that is its owner is not known, and if it cannot be classified as lost, he is allowed to use it in a manner that would be agreeable to the owner, provided that he is sure that the owner will have no objection in principle. Otherwise, he must try to find the owner, and continue doing so for as long as he thinks it useful. And when he despairs, he should give it or its price away as Sadaqah to the poor, and as an obligatory precaution this should be done with the permission of the Mujtahid. If the owner later on turns up, and if he does not approve the Sadaqah which was given, as a precaution, he must give him a replacement.
1254. If an animal whose meat isHalal (allowed) (lawful) to eat, is slaughtered in the manner which will be described later, irrespective of whether it is domesticated or not, its meat becomesHalal (allowed) and its body becomes pure ( Tahir) after it has died. But camels, fish and locust becomeHalal (allowed) without their heads being slaughtered, as will be explained later.
1255. If a wild animal like deer, partridge and wild goat whose meat isHalal (allowed) to eat, or aHalal (allowed) animal which was a domestic one but turned wild later, like, a cow or a camel which runs away and becomes wild, is hunted in accordance with the laws which will be explained later, it is Tahir andHalal (allowed) to eat.
1256. Meat and skin of those animals whose meat is Halal (allowed) to eat, except the small animals who live in holes like mice and ferrets, whether they are predators or not, even elephant, bear or monkeys, will become Tahir by slaughtering or hunting. If they are hunted, however, by a hunting dog, considering them Tahir is a matter of Ishkal.
1257. The method of slaughtering an animal is that the four main ducts of its neck should be completely cut (oesophagus, windpipe and two large blood vessels on both sides of the windpipe). It is not as a precaution sufficient to split open these ducts ot to cut off the windpipe only. And the cutting of these four main ducts becomes practical when the cutting takes place from below the knot of the throat.
1258. If a person cuts some of the four ducts and waits till the animal dies and then cuts the remaining ducts, it will be of no use. If the rest ducts are cut before the animal dies, even if the cutting is not continuous as is usually done, the animal is Tahir andHalal (allowed) to eat.
1259. There are certain conditions for the slaughtering of an animal. They are as follows:
(i) A person, a man or a woman, who slaughters an animal must be a Muslim. An animal can also be slaughtered by a Muslim child who mature enough to distinguish between good and bad, but not by non-Muslims other than the followers of the Devine Book (Ahl-ul-Kitab), nor a person belonging to those sects who are classified as Kafir, like, Nawasib - the enemies of Ahl-ul-Bait (A.S.). In fact, even if Ahl-ul-Kitab non-Muslim slaughters an animal, as per precaution, it will not beHalal (allowed), even if he utters Bismilah.
(ii) The animal should be slaughtered with something made of iron, and slaughtering with stainless steel knives will not, as an obligatory precaution, be in order. However, if an implement made of iron is not available, it can be slaughtered with a sharp object like glass or stone, as that the four ducts are severed, even if the slaughtering may not be necessary, like when the animal is on the verge of death.
(iii) When an animal is slaughtered, it should be facing Qiblah. If the animal is sitting or standing, then facing Qiblah would be like a man sitting or standing towards Qiblah while praying. And if it is lying on its right or left side, then the cutting site and stomach should be facing Qiblah and it is not necessary for the feet and the face to be facing Qiblah. If a person who knows the rule, purposely ignores placing the animal towards Qiblah, the animal would become Halal (allowed); but if he forgets or does not know the rule, or makes a mistake in ascertaining the Qiblah, there is no objection. If one does not know the direction of Qiblah, or is unable to turn the animal towards Qiblah even if with a help by another person, when the animal is mulish or has fallen into a hole or well, and the person is compelled to slaughter it, there is no objection to slaughter it in any direction. The same rule applies when one fears that delaying due to facing the animal in direction of Qiblah may result in its death. Slaughtering of animals by a Muslim who does not believe in that the animals should be facing Qiblah while being slaughtered, is in order, even though he may slaughter it in a direction other than Qiblah. As a recommended precaution, the person slaughtering should also face Qiblah.
(iv) When a person wants to slaughter an animal, or just before it, he should utter the name of Allah with the intention of slaughtering, and it suffices if he says, ~Bismi-llah, or Allahu Akbar, only, or even if he utters, Allah though this is opposite to the precaution. But if he utters the name of Allah with out the in tention of slaughtering the animal, or does not say it because of not knowing the rule, the slaughtered animal does not become Tahir and it is also Halal (allowed) to eat its meat. And if he did not utter the name of Allah forgetfully, there is no objection.
(v) The animal should show some movemen after being slaughtered; at least it should move its eyes or tail or strike its foot on the ground. This law applies only when it is doubtful whether or not the animal was alive at the time of being slaughtered, otherwise is not essentionl.
(vi) It is necessary that the blood should flow in normal quantity from the slaughtered animal. If the blood clots in the vessels, not allowing blood to flow out, or if the bleeding is less than nar mal, that animal will not be Halal. But if the blood which flows is less because the animal bled profusely before the slaughter, there is no objection.
(vii) The neck should be cut with the intention of slaughtering. Hence, if a knife falls of one's hand, and spontaneausly cuts animal's neck, or if the slaughtering person is asleep, intoxicated, unconscious, child or insane not disting wishing between good and bad, or if one puts the knife on the animals neck with another intention and it cuts the neck by chance, the animal will not becomeHalal (allowed).
1260. As a obigatory precaution, it is not permissible to sever the head of the animal from its body before it has died, though this would not make the animal Halal (allowed). But if the head gets severed because of sharpness of the knife, or not being attentive, there is no objection. Similarly, as a obligatory precaution it is not permissible to slit open the neck and catthe spinal cord before the animal has died.
1261. If one wants to slaughter a camel so that it becomes Tahir andHalal (allowed) after it has died, it is necessary to follow the above mentioned conditions for slaughter and then thrust a knife or any other sharp implement made of iron into the hollow between its neck and chest. It is better that the camel at that time is standing. Slaughtering in this way is called Nahr. If a camel is slaughtered by cutting its neck, not Nahr, it will become Najis and Halal (allowed).
1262. The Fuqahaa (jurisprudents), may Allah bless them with His pleasure, have enumerated certain Mustah ab acts for slaughtering the animals:
(i) While slaugthering the sheep (or a goat), both of its forefeet and one hind foot should be tied together and the other foot should be left free. As for a cow, all its four feet should be tied and the tail should be left free. And in the case of a camel, if it is sitting, its two forefeet should be tied with each other from below up to its knees, or below its armpits, and its hind feet should be left free. And it is recommended that a bird should be its hind feet after being slaughtered so that it may flap its wings.
(ii) Water should be placad before an animal beforeslaughtering it.
(iii) An animal should be slaughtered in such a way that it should suffer the least, that is, it should be swiftly slaughtered with a very sharp knife.
1263. In certain Traditiona, the following have been enumerated as Makrooh acts while slaughtering the animals:
(i) To skin an animal before it has died.
(ii) To slaughter an animal at a place where another animal of its own kind can see it.
(iii) To slaughter an animal on Friday night (i.e. the night preceding Friday), or on Friday before noon. However, there is no harm in doing so in the case of necessity.
(iv) To slaughter an animal which someone has bred and rearedhimse lf.
1264. If aHalal (allowed) wild animal is hunted with a weapon and it dies, it becomesHalal (allowed) and its body becomes Tahir, if the following five conditions are fulfilled:
(i) The weapon used for hunting should be able to cut through, like a knife or a sword, or should be sharp like a spear or an arrow. In the latter case, if the weapon has not a bayonet, it should tear the body of the animal, and if it has a bayonet, it is enough to kill it, though without injuring it. If an animal is hunted with a trap, or hit by a piece of wood or a stone, and dies, it does not become Tahir and it is Halal (allowed) to eat its meat. The same rule applies, as an obligatory precaution, if the animal is hunted with a sharp thing whichis not weapon, like large needles, forks, shewers etc.. And if an animal is hunted with a gun and its bullet is so fast that it pierces into the body of the animal and ters it up, whether the bullet is sharp or not, or it is made of iron or not, the animal will be Tahir andHalal (allowed), but if the bullet is not fast enough and enters the body of the animal with pressure and kills, or burns its body with its heat, and the animal dies due to that heat, it is a matter of Ishkal to say that the animal is Tahir orHalal (allowed).
(ii) The hunter should be a Muslim or at least a Muslim child who can distinguish between good and bad. If a non-Muslim, other that Ahl-ul-Kitab, or from those sects like, Nawasib - enemies of Ahl-ul-Bayt (A.S.) who are classified as Kafir, hunts an animal, the animal is notHalal (allowed). As a matter of precaution, an animal, hunted by Ahl-ul-Kitab non-Muslim is also notHalal (allowed), even if he may have uttered the name of Allah.
(iii) The hunter should aim the weapon for hunting the particular animal. Therefore, if a person takes an aim at some target, and kills an animal accidentally, that animal will not be Tahir and it will be Halal (allowed) to eat its meat. But if he aims at some particular animal, but kills another animal, it will beHalal (allowed).
(iv) While using the weapon the hunter should recite the name of Allah, and it is sufficient if he utters the name of Allah before the target is hit. But if he does not ercite Allahs name intentionally, the animal does not becomeHalal (allowed). There is, however, no harm if he fails to do so because of forgetfulness.
(v) The animal will beHalal (allowed) if the hunter reaches it when it is already dead, or, even if it is alive, but he has no time left to slaughter it. However, if he has enough time to slaughter it and he does not slaughter it till it dies, it will be Halal (allowed).
1265. If a hunting dog hunts a wild animal whose meat isHalal (allowed) to eat, six conditions should be fulfilled for its being Tahir andHalal (allowed) which are explained in detailed books.
1266. If a fish with scales is caught alive from water, and it dies thereafter, it is Tahir and it isHalal (allowed) to eat it, even if the scales are shed off later due to some reasons. And if it dies in the water, it is Tahir, but it is Halal (allowed) to eat it, even if it dies because of such things as poison. However, it is lawful to eat it if it dies in the net of the fisherman. A fish which has no scales is Halal (allowed) even if it is brought alive from water and dies out of water.
1267. If a fish falls out of water or a wave throws it out, or the water recedes and the fish remains on the shore, if some one catches it with his hand or by some other means before it dies, it will beHalal (allowed) to eat it after it dies, and if it dies before catching it, it will be Halal (allowed).
1268. It is not necessary that a person catching a sish should be a Muslim or should utter the name of Allah while catching it. It is, however, necessary that a Muslim should have seen or ascertained that the fish was brought alive from the water, or that it died in the net in water.
1269. If a dead fish about which it is not known whether it was caught from water alive or dead, is bought of a Muslim, who is doing some act which means that it isHalal (allowed), like selling or eating, it isHalal (allowed), but if it is bought of a non-Muslim it is Halal (allowed) even if he claims that he has brought it alive from the water; except when a man feels satisfied that the fish was brought alive from the water or that it died in the net in the water.
1270. All fierce birds, like eagle, vultures and wild falcons which have talon, are Halal (allowed) to eat and so are, as an obligatory precaution, all kinds of crows and jays or ravens. All such birds whose gliding is more than flapping the wings, usully have talongs and are Halal (allowed) to eat, and those whose flapping of the wings while flying is more than gliding areHalal (allowed) to eat. Thus, one can identifyHalal (allowed) birds from Halal (allowed) ones by observing how they fly. And if the style of any bird's flight cannot be determined, that bird will be consideredHalal (allowed) for eating, if it has a crop or a gizzard or a spur on the back of its feet. In the absence of all these, the bird will be Halal (allowed). Other birds like the hens, the pigeons, the sparrows and even the swallows and hoopoes. And the animals which fly, but have not any feathers, like the bats, are Halal (allowed); similarly, the bees, the mosquitoes, and other flying insects are, as an obligatory precaution, Halal (allowed).
1271. If a part which possesses life is removed from the body of a living animal, for example, if the fatty tail or some flesh is removed from the body of a living sheep, it is Najis and Halal (allowed) to eat.
1272. Certain parts of theHalal (allowed) animals are Halal (allowed) to eat. They are fourteen:
(i) Blood.
(ii) Excrement.
(iii) & (iv) Male and female genitals.
(v) Womb.
(vi) Lymphatic ganglions.
(vii) Testicles.
(viii) Pituitary gland (a ductless gland in the brain).
(ix) Spinal cord.
(x) The two wide (yellow) nerves which are on both sides of the spinal column, (as an obligatory precaution).
(xi) Gall bladder.
(xii) Spleen.
(xiii) Urinary bladder.
(xiv) Eye balls.
These parts are Halal (allowed) in allHalal (allowed) other than the birds. As for the birds, their blood and excrement is definitely Halal (allowed) and apart from these two, the parts enumerated in the above list are Halal (allowed) as a measure of precaution. Also as an obligatory precaution blood and excrement of fish and locuts are Halal (allowed), and other parts of them areHalal (allowed).
1273. It is Halal (allowed) to eat mud or clay and as an obligatory precaution to eat earth or sand. It is also permissible to take a small quantity of the clay of the Shrine of Imam Husayn (usually called Turbat-ul-Husayn) for the purpose of cure of illness.
If the clay is not taken from the holy shrine itself or around it, as an obligatory precaution, it should be dissolved in some water or the like and then one may drinke it, even if the clay is commonly considered as Turbat-ul-Husayn. This precaution should be observed also when one is not sure that the clay is from the holy shrine and there is no proof to confirm it.
1274. It is not Halal (allowed) to swallow the mucus (liquid discharging from the nose) and phlegm which may have come in one's month. Also, there is no objection in swallowing food the which comes out from between the teeth at the time of tooth picking.
1275. It is Halal (allowed) to eat an absolutely harmful thing or anything which may cause death.
1276. It is Makruh to eat the meat of a horse, a mule or a donkey. If a person has sexual intercourse with them those animals become Halal (allowed), and as a precaution, their milk and offsprings become Halal (allowed) also, and their urine and dung become Najis. Such animals should be taken out of the city and should be sold at some other place. And as for the person who committed the sexual intercourse with the animal, it will be necessary to give its price to the owner and the money gained from its selling is for the person who commited that Halal (allowed) act. Similarly, if a person commits sexual intercourse with an animal like cow and sheep, the meat of which is lawful to eat, its urine and excrement become Najis, and it is also Halal (allowed) to eat their meat, and as a precaution to drink their milk. Also as a precaution, same will be the case with their offsprings. Such an animal should be instantly killed and burnt, and one, who has had sexual intercourse with the animal should pay its price to its owner.
1277. Drinking wine is Halal (allowed), and in some traditions (Ahadth), it has been declared as among the greatest sins.
1278. Also to eat at a table at which people are drinking wine is Halal (allowed) and similarly, to sit at that table where people are drinking wine, as a obligatoty precaution is Halal (allowed).
1279. It is obligatory upon every Muslim to save the life of a Muslim who may be dying of hunger or thirst, by providing him enough to eat or drink, providing he himself is not in risk of death. The same rule applies of that person is non-Muslim, but is a person, whose killing is not permissible.
1280. Vow means malking it obligatory upon oneself to do some good act, or to refrain from doing an act which it is better not to do, for the sake of, or for the pleasure of Allah.
1281. While making a vow, a formule declaration has to be pronounced, thought is not necessary to be in Arabic. If a person says, 'When the patient recovers from his ailment, it will be obligatory upon me to pay $10 to a poor man, for the sake of Allah, his vow will be in order. And if one says, I vow to do so and so for the sake of Allah', he should, as an boligatory precaution, do it. But if a person does not utter the name of God, and says only, 'I vow', or utters one of the names of the holy prophet or Imams, the vow will not be in order. If the vow is in order, and the person under the vow does not perform it intentionally, he has committed sin and should pay kaffarah, which is like Kaffarah of violation of an oath as will be explained later.
1282. If a husband disallows his wife to make a vow, her vow will not be valid, providing that vow in any way violates the rights of the husband, even if it is made before the marriage contract. Similarly, if a wife makes a vow to pay from her wealth, without her husband's permission, she commits an act which is not free from Ishkal, except when the vow is for Ćajj, Zakat, Sadaqah or for doing a good turn to her parents, or her blood relations.
1283. If a woman makes a vow with the permission of her husband, he cannot abrogate her vow, or restrain her from fulfiling her vow.
1284. If a child (son or daughter) makes a vow, with or without the permission of his/her father, he/she should fulfil his/her vow. However, if his/her father or mother disallows him/her to fulfil the vow, his/her vow is void, provided that the prohibition is due to their compassion and to oppose them will result in their annoyance.
1285. A person can make a vow only for an act which is possible for him to fulfil. If, for example, a person is not capable of travelling up to Karbala on foot, and he makes a vow that he will go there on foot, his vow will not be in order. And if a person is capable when making the vow, but becomes incapable later, his vow will be invalidated, and there is no obligation on him, except when the vow is to fast, in which if the person becomes incapable of fasting, he should, as an obligatory precaution, either give 750 grams of food to poor person as Sadaqah, or give 1.5 kilos of food to a person to fast in behalf of him.
1286. If a person makes a vow that he will perform or abandon a normal permissible act, the performing or abandoning of which has equal merits in Shari`ah, his vow is not in order. But if performing it is better in some respect, and a person makes a vow keeping that merit in view, his vow will be in order.
1287. If a person makes a vow to perform an act, he should perform it in strict accordance with his vow. If he makes a vow to give Sadaqah or to fast on the first day of every month, or to offer prayers of the first of the month, if he performs these acts before that day or after, it will not suffice. Also, if he makes a vow that he will give Sadaqah when a patient recovers, but gives away before the recovery of the patient, it will not suffice.
1288. If a person makes a vow that he will observe fast on a particular day, he should observe fast on that very day; and if he does not observe fast on that day intentionally, he should, besides observing the Qada' for that fast, also give Kaffarah for it. However, travelling for him on that day is permissible, and thus he will not fast. Also, it is not obligatory upon him to make an intention for staying ten days when he is an a journey, so as to be able to fast. If a person who made the vow could not fast on the particular day because of being on a journey, illness, or in the case of a woman, being in the state of Haydh, or for any good excuse, then he will give Qada' of that fast, and there will be no Kaffarah.
1289. If a person, of his own choice and volition, violates his vow, he should give Kaffarah for it.
1290. If a person makes a vow to renounce an act for some specified time, he will be free to perform that act after that time has passed. But if he performs it before that time, due to forgetfulness or hellessness, there is no liability on him. Even then, it will be necessary for him to refrain from that act for the remaining time, and if he repeats that act before it without any excuse, he must give Kaffarah for it.
1291. If a person makes a vow to renounce an act, without setting any time limit, and then performs that act because of forgetfulness, helplessness or carelessness or compulsion, or ignorance, it is not obligatory for him to give a Kaffarah, but after the first instance, if he repeats the act again at any time, voluntarily, he must give Kaffarah for it.
1292. If a person a vow he would spend some amount of money on the shrine of one of the Imam or the descendants of the Imams, without having any particular project in mind, he should spend it on the repairs, lighting, carpeting etc. of the shrine. And if this is not possible, or the shrine is needless, it should be spend for its needy pilgrims.
1293. If a person makes a vow to use something in the name of the holy prophet (s.a.w.a), Imam or their descendants or passed scholars or the like, and has an intention to put it to a specific use, he should spend it for that very purpose. And if he has not made an intention to put it to any, specific use, it is better that he should use it for a purpose which has some relationship with that person, for example, he should spend it on poor pilgrims of that Imam, or on the shrine of the Imam, like its repairs etc. or for such purposes which would glorify the memory of that person.
1294. If a father or a mather makes a vow that he/she will marry their daughter to a Sayyid, the option rests with the girl when she attains the age of puberty, and the vow made by the parents has no significance.
1295. When a person makes a covenant with Allah, that if his particular lawful need is fulfilled, he will perform a good act, it is necessary for him to fulfil the covenant. Similarly, if he makes a covenant, without having any wish, that he will perform a good act, the performing of that act becomes obligatory upon him.
1296. As in the case of vow, a formal declaration should be pronounced in the case of covenant (`Ahd) as will. And it is not necessary for the covenant to be a better act in Shri`ah, but it is enough that it is not forbidden in Shar`ah, or has a preference according to the wise, or is advisable for the person. If after making a covenant, it happens to be no more advisable or preferable, it is not necessary to act according to it, even if it has become Makruh.
1297. If a person does not act according to the covenant made by him, he has committed a sin and should give a Kaffarah for it, i.e. he should either feed sixty poor persons, or fast consecutively for two months, or set free a slave.
1298. If a person takes an oath that he will perform an act (e.g. that he will fast) or will refrain from doing an act (e.g. that he will not smoke), but does not intentionally act according to his oath, he has committed a sin and should give Kaffarah for it, which means he should set a slave free, or should fully feed ten indigent persons, or should provide them with clothes. And if he is not able to perform these acts, he should fast for three consecutive days.
1299. The conditions for validity of an oath are:
(i) A person who takes an oath should be Bàligh and sane, and should do so with free will and clear intention. Hence, an oath by a minor, an insane person, an intoxicated person, or by a person who has been coerced to take an oath, will not be in order. Similarly, if he takes an oath involuntarily, or unintentionally, in a state of excitement, the oath will be void.
(ii) An oath taken for the performance of an act which is Halal (allowed) or Makruh is not valid. Similarly, an oaht for renouncing an act which is obligatory or Mustahab is also void. And if he takes an oath to perform a normal or usual act, it will be valid, if that act has any preference in the estimation of sensible people. Similaly, if he takes an oath for renouncing a usually permissible act, it will be valid if it is deemed more preferable than its performance, by the sensible people.
(iii) The oath must be sworn by one of those names or attributes of the Almighty Allah which are exclusively used for Him, (e.g., God. Allah).
(iv) The oath should be uttered in words, but a dumb person can take an oath by making a sign. Similarly, if a person is unable to utter the words, but he writes down the oath, repeating in his mind the intention for it, that will be a valid oath, though as a precaution, this will be valid also when done by others.
(v) It should be possible for him to act upon his oath. And if he was able to act upon the oath when he took it, but become incapable of acting upon it later, the oath becomes nullified from the time he became incapable of acting upon it, provided that he did not incapacitate himself purposely. And the same rule applies if acting upon one's vow, oath, or covenant, involves unbearable hardship. If he incapacitates himself voluntarily, or he becomes incapable involuntarily but he has no justified excuse for his delaying, he has committed a sin and Kaffarah will be obligatory upon him.
1300. If the father forbids his son or girl to take an oath, or the husband forbids his wife to take an oath, thier oath is not valid.
1301. If a son takes an oath without the permission of his fahter, or a wife takes an oath without the permission of her husband, the father or the husband can unllify the oath.
1302. If a person does not act upon his oath because of forgetfulness, helplessness or heedlessness, he is not liable for Kaffarah. And the same rule applies, if he is forced not to act upon his oath.
1303. If a person swears to confirm that he is telling the truth, and if that is actually the truth, his taking of the oath is Makruh; and if it is a lie, his taking of the oath is Halal (allowed). In fact, to make a false oath in the cases of dispute is a major sin. However, if a person takes a false oath in order to save himself, or another Muslim from the torture of an oppressor, there is no objection in it; in fact, at times it becomes obligatory. However, if a person can resort to Tawriyah (dissimulation), that is, if at the time of taking an oath, he makes a vague, feigned utterance with no intention of resorting to falsehood, then it is better for him to do so. For example, if an oppressor or a tyrant who wants to harm someone asks him whether he has seen that person, and he had seen him an hour earlier, he would say that he has not seen him, meaning in his mind that he has not seen him during the last few minutes.
1304. If a person makes something Waqf, it ceases to be his property, and neither he nor anybody else can either gift it or sell it to any person. Also, no one can inherit anything out of it.
1305. It is not necessary to utter the formal declaration of Waqf in Arabic. In fact, Waqf is established by conduct as well. Therefore, if a person spreads a mat in a mosque with an intention of Waqf, or constructs a building having an appearance of a mosque, with an intention of giving it away as a mosque, the Waqf will be established, but with an intention only, the Waqf will not be established. In the cases of public endowments, like a mosque, a school, any public utility, or Waqf for general poor or Sayyids, it does not require anyone to make a formal acceptance. In fact, even private endowments, like the one created for one's own children, do not require any reciprocal acceptance.
1306. If a person endows a property, he should make it a perpetual Waqf from the day he declares the Waqf. Therefore, if he says, 'This property is waqf after my death', or says, 'This property is Waqf for ten days', the Waqf will not be valid.
1307. In the case public endowment like schools, mosques, etc., it is not necessary that it be possessed by any gesture. The waqf is established immediately upon its declartion as such; but for private endowment, possession is necessary.
1308. If a person endows a property, for example, for the poor, or for the Sayyids, or he endows it for charitable purposes, and does not appoint the trustee for the endowment, the discretion with regard to that endowment rests wiht the Mujtahid.
1309. If the trustee of endowment estc dishonestly, and does not use its income for the special purposes, the Mujtahid should assign an honest person to act with the dishonest trustee in order to restrain him from acting dishonestly. And if this is not possible, the mujtahid can replace him with an honest trustee.
1310. A carpet which has been endowed in Husayniyyah (a place where the matryrdom of Imam Husayn is mourned), cannot be used in mosque for offering prayers, even if the mosque may be near the husayniyyah. But if it is the Husayniyyah's possession, it can be transfered to another place with the permission of its trustee.
1311. If a property is endowed for the maintenance of a mosque, and that mosque does not stand in need or repairs, and it is also not excepted that it will need repairs for quite some time, and if it is not possible to collect and deposit the accrual till such time when it could be used for the repairs, then, as an obligatory precaution, the income should be used for the purposes which has nearest conformity with the intention of the one who endowed it, like spending it in other needs of the same mosque, or for the repairs of any other mosque.
1312. A will is purported to direct that after one's death, a certain task be completed, or that a portion of his property be given in ownership to someone, or that, the ownership of his property be transferred to someone, or that it be spent for charitable purposes, or that he appoints someone as guardian of his children and dependents. A person who is to give effect to a will is called executor (Wasiy).
1313. If a person makes a will that something from his property will belong to someone, and if that person accepts the will, even if his acceptance took place during the lifetime of the testator, that thing will become his property after the death of the testator, providing the thing is less than one third of the deceased's properties.
1314. When a person sees signs of approaching death in himself, he should immediately return the things held in trust by him to their owners, or should inform the owners, acting according to the details already mentioned in rule no.
1315. And if he is indebted to others, and the time for repayment of the debt has marured, and if the creditors make the demand, he should repay the debt, immediately, even if he has not the signs of death. And if he is not in a position to repay the debt, or the time for its repayment has not yet matured, or the creditor has not yet demanded, he should make arrangements to ensure that his creditor will be paid after his death, like, by making a will to inform those who are unaware of the debt and then appoint witness to the will.
1317. If a person who sees signs of approaching death in himself, has a debt of Khums or Zakat, or has other liabilities, and if he cannot make payment immediately, he should make a will directing payment, if he owns some property, or if he knows someone will pay on his behalf. The same rule applies if he has obligatory Ćajj on him. But, if he is capable of paying his religious dues immediately, he should pay at once, even if he sees no signs of impending death.
1318. If a person who finds sigins of approaching death in himself, has lapsed Qada of some prayers and fasts due to him, he should make arrangements to ensure that they will be performed on his behalf after his death.
1319. The executor (Wasiy) should be sane and trustworthy in matters related to the testator, and as a precaution, in matters related to others also.
1320. If a person retracts a directive in his will, for example, if he first says that 1/3 of his property should be given to a person, and then says that it should not be given to him, the will becomes void. And if he changes his will, for example, if he appoints an udministrator for his children, and then him with another person, his first will becomes void, and his second will should be acted upon.
1321. If obligatory Ćajj remained unperformed by the dead person, or debts and dues like Khums, Zakat and Mazalim (wealth wrongly appropriated) which were opbligatory to pay, were not paid, they should be paid from the whole estate of the deceased though he may not have directed in his will for them. But Kaffarah and vows including vowed Ćajj, should be paid from the one third of the estate, if they are commanded in the will.
1322. If the estate of the deceased exceeds his debt and expenses for obligatory Ćajj, and obligatory religious dues like Khums, Zakat and Mazalim, and if he has also willed that 1/3 or a part thereof of his property be put to a particular use, his will should be followed, and if he has not made a will, then what remains is the property of the heirs.
1323. If the disposal specified by the deceased exceeds 1/3 of his property, his will in respect of what exceeds the 1/3 of his property will be valid only if the heirs show heirs agreement, by words or by conduct. Their tacit approval will not suffice. And even if they give their consent some time after his death, it is order. But if some heirs permit and others decline to give consent (to the will being acted upon), the will is valid and binding only in respect of the shares of those who have consented.
1324. If a person makes a will that Khums and Zakat and other debts due to him should be paid out of 1/3 of his property, and also someone be hired for performing his Qada prayers and fasts, and also perform Mustahab acts like feeding the poor, his drbt should be paid first out of the 1/3 of his property, and if there is a balance, a person should be hired to perform his Qada' prayers and fasts, and if there is still a residue, it should be spent on the Mustahab acts specified by him. If, however, 1/3 of his property is sufficient only for the payment of his debts, and his heirs, too, do not permit that anything more than the 1/3 of his property should be spent, his will in respect of prayers, fasts, and Mustahab acts is void.
1325. If a testator wills that his debt should be paid, and also someone should be hired for the performance of his Qada' prayers and fasts, and also Mustahab acts should be performed, but does not direct that the expenses for those acts should be paid from 1/3 of his estate, then his debt should be paid from his estate, and if anything remains, 1/3 of it should be spent on prayers and fasts and Mustahab acts specified by him. And if that 1/3 is not sufficient, and if his heirs permit, his will should be implemented by paying from their share, and if they do not permit, the expenses of prayers and fasts should be paid from the 1/3 of his estate, and if anything remains it should be spent on the Mustahab acts specified by him.
1326. There are three groups of persons who inherit from a dead person, on the basis of relationship:
(i) The first group consists of the dead person's parents and children, and in the absence of children, the grand children, however low, and among them however is nearer to the dead person inherits his property. And as long as even a single person from this group is present, people belonging to the second group do not inherit.
(ii) The second group consists of grandfather, grandmother, brothers and sisters; and in the absence of sisters and brothers their childern, whoever from among them is near er to the dead person, will inherit from him. And as long as even one person from this group is present, people belonging to the third group do not inherit.
(iii) The third group consists of paternal and uncles paternal aunts and maternal uncles and maternal aunts, and their descendants. And as long as even one person from the paternal uncles and paternal aunts and maternal uncles and maternal aunts of the dead person is present, their children do not inherit. However, if the paternal step uncle and the son of the real paternal uncle are present, the son of the dead persons real pater nal uncle will inherit from him to the exclusion of the paternal step uncle.But if there are several paternal uncles and several paternal counsins, or if the widow is alive, then this rule is not without Ishkal.
1327. If the dead person's own paternal uncle and paternal aunt and maternal uncle and maternal aunt and their children and their grandchildren do not exist, the property will be inherited by the paternal uncles and paternal aunts and maternal aunts of deaduncles and maternal person's parents. And if even they do not exist, the property will be inherited by their descendants.
1328. Husband and wife inherit from each other as will be explained later.
1329. If out of the first group, there is only one heir of the deceased (for example, father or mother or only one son or only one daughter) he/she inherits the entire estate, and, if there are more than one sons or daughters, the estate is divided among them in such a way, that each son gets twice the share of each daughter.
1330. If the father and the mother of deceased are his only heirs, the estate is divided into 3 parts, out of which 2 parts are taken by the father and one by the mother. If, the deceased has two brothers or four sisters, or one brother and two sisters, who are Muslims and free and are related to him from the side of the father (i.e. the father of these persons and of the deceased is same, although thier mothers may be different), and none of them is in its mother's womb, the effect of the their presence on the inheritance is that, although they do not inherit anything in the presence of the father and the mother, the mother gets 1/6 of the estate, and the rest is inherited by the father.
1331. If only the father, the mother and one daughter are the heirs of deceased, and he (the deceased) does not have two paternal brothers, or four paternal sisters, or one paternal brother and two paternal sisters, with the conditions already explained, the estate will be divided into 5 parts, out of which the father and the mother take one share each, and the remaining 3 shares are taken by the daughter. And if the deceased has two paternal brothers, or four paternal sisternal sisters, or one paternal brother and two paternal sisters, the estate will be divided into 30 parts, of which six shares (one fifth) are for the father, five shares (one sixth) are for the mother, and 18 shares (three fifth) will be for the daughter, and the rest (one thirtieth) which is considered probable to be for the mother, as 3/4 of it may be the daughter's share and 1/4 of it may be the father's share, should be, as an obligatory precaution, compromised, by the heirs.
1332. If the heirs of the deceased are his father, mother, and one son only, the property is divided into 6 parts, from which one part is taken by the father and one by the mother, and 4 by the son. And if the deceased has several sons or several daughters, they divide the said 4 parts equally among them. If however, he has several sons and daughters, the 4 shares are divided among them in such a manner, that each son gets double the share of each daughter.
1333. If the heirs of deceased are only his father or mother and one or several sons, the property is divided into 6 parts, from which one goes to the fahter or mother, and 5 to the son. If there are more than one son, they divide those 5 parts equally among them.
1334. If the deceased is survived by the father or the mother with his sons and daughters, the estate will be divided into 6 parts. One part is taken by the father or the mother, and the remaining 5 parts are divided among the sons and daughters, in such a manner that each son gets double the share of each daughter.
1335. If the the heirs of deceased are only his father or mother and one daughter, his estate, will be divided into four parts. Out of these one part is taken by the father or the mother, and the rest goes to the daughter.
1336. If the heirs of deceased are his father or mother and several daughters, the property is divided into 5 parts. One part is taken by the father or the mother, and the remaining 4 parts are equally divided among the daughters.
1337. If the deceased has no children, the child of his son gets a son's share even if it be a daughter, and the child of his daughter gets a daughter's share even if it be a son.
1338. The second group of persons, which inherit on the basis of relationship, consists of grandfather, grandmother, brothers and sisters and, if the dead person does not have brothers and sisters, their children inherit the estate.
1339. If the hirs of deceased is only one brother, or only one sister, he or she inherits the entire estate, and if he has several real brothers along or several real sisters along, they divide the proeprty equally among themselves. If, however, he has several real brothers and some real sisters together, every brother gets double the share of a sister.
1340. If a deceased has real brothers and real sisters, his half brothers and sisters (whose mother is the stepmother of the deceased) do not inherit his property. And if he has no real brothers or real sisters, and has only one half brother or only one half sister, (both from father's side) the entire estate will be inherited by him or her. And if he has several paternal half brothers alone, or several paternal half sisters alone, the estate will be divided among them equally. And, if he has paternal half bro thers together with paternal half sisters, every bro ther gets double the share of every sister.
1341. If the only heir of deceased is one maternal half sister, or one maternal half brother, their father being different from the deceased father, she or he gets the entire estate. And if he has several maternal brothers alone, or several maternal sisters alone, or both of them together, the estate is divided equally among them.
1342. The third group of heirs consists of paternal uncle, paternal aunt, maternal uncle, maternal aunt and their children. As mentioned above, the persons constituting this group inherit when none of the persons belonging to the first two categories is present.
1343. If the only heir of deceased is one paternal uncle or aunt (whether he or she be the real, paternal or maternal brother or sister of his father), he or she inherits the entire estate. And if there are some paternal uncles alone, or aunts alone of the deceased, and they are all real or paternal brothers or sisters of his father, the estate will be divided equally among them. And if the survivors are several paternal uncles to gether with the aunts of the deceased and all of them are the real or the paternal brothers and sisters of his father, then the paternal uncle will get twice the share of the paternal aunt.
1344. If the heir of a deceased is only maternal uncle or only one maternal aunt, he or she inherits the entire estate. And if he has maternal uncle(s) together with maternal aunt(s) (whether they be the full, or the paternal, or the maternal half brothers and sisters of his mother), the estate should be divided giving the uncle twice the share of the aunt. And since there is a probability that they should inherit equally, observing precaution should not be ignored in that respect.
1345. If a woman dies without any children, 1/2 of her property is inherited by her husband, and the remaining 1/2 is given to her other heirs. If, she has children from that or another husband, her husband will get 1/4 of the estate, and the remaining part will be inherited by her other heirs.
1346. If a man dies childless, 1/4 of his estate will go to his wife, and the remaining part will be given to his other heirs. And if the man has children from that or another wife, the wife gets 1/8 of the estate, and the remaining part will be inherited by his other heirs. A wife does not inherit anything from the land of a house or a garden or a farm, or from any other land, nor does she inherit from the proceeds of such lands. She does not also inherit from that which stands on that land, like the house and the trees in it, but she inherits from their proceeds. The same rule applies to the trees and crops and buildings standing on the land of a garden, and on agricultural land, or on any other lands. But the fruits which are on the trees, at the time of the husband's death, will be in herited in their original from.
1347. If the wife wishes to have any right of discretion over things from which she does not inherit (for example, the land of a residential house) she should obtain the permission of other heirs to do so. Also, it is not permissible for other heirs to have any right of disposal, without the permission of the wife, over those things from the proceeds of which she inherits (for example, the value of the buildings and trees).
1348. If one wishes to evaluate the buildings and the trees and other similar things, it should be calculated as assessors usually do, that is, by estimating its value as they stand, and not as objects uprooted or extirpated from the land. Also, they should not be valued as unrented property remaining on the land, till they are destroyed or till they perish.
1349. The dress which a husband gives to his wife to wear, is to be treated as a part of his estate after his death, even if the wife may have worn it, except when the husband gives them in possession of the wife, and the wife can demand to take them in her possession as her maintenance.
1350. The Holy Qur'an, the ring and sword of the deceased, and the clothes worn by him, belong to the eldest son. And if of the first three things, the deceased has left more than one - for example, if he has left two copies of the Qur'an, or two rings, the obligatory precaution is that his eldest son should make a compromise with the other heirs in respect of those things. The book-rack of the Holy Qur'an, the gun, the dagger and other such weapons and the sheath of a sword and the case of Qur'an may also be included in the above list, but, as an obligatory precaution, the eldest son may compromise with other heirs in that regard too.
1351. If a person kills one of his relatives intentionally and unjustly, he does not inherit from him. But, if it was just, like as legal punishment or as a defence and also if it was due to some error, for example, if he threw a stone in the air and by chance, it hit one of his relatives and killed him, he inherits from him. Nevertheless, it is a matter of Ishkal for him to inherit from the Diyah (blood money) for a killing. Also intentional-like killing (i.e. a killing which occurs without an intention of killing, with an act which does not usually result in death) will not stop inheriting.
1352. Whenever it is proposed to divide the inheritance, a share should be set aside for (a) child (ren) who is (are) in its (their) mother's womb who, would inherit if it (they) is (are) born alive, and if it is known that there is one or more boy(s) or girl(s) in the womb, even by a scientific device, and the remaining parts should be divided among the others heirs. But if this is not known, then if the children in the womb are expected to be more than one, for example, if the woman is expected to give birth to twins or triplets, thier shares should be set aside for them. And if, contrary to exceptation, one boy or one girl was born, then other heirs should divide the surplus among themselves.
