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Issue No. 10Rules of Taqlīd

Conditions of Maintaining Taqlīd of a Deceased Mujtahid

Issue No.10- If a Mujtahid whom one follows dies, he may still follow him, and indeed if he is more learned than a living Mujtahid, it is obligatory to follow him in issues which the demised Mujtahid disagrees with others, provided that he has previously acted on his fatwā.

Issue No. 1841Rules Regarding Compromise

Conditions of One who Compromises

Issue No.1841- A person who gives something to another person by way of compromise, should be mature and sane, and no one should have compelled him, and should have serious intention of making compromise, and he should also not be mentally incompetent (a person who uses his property wastefully), and he should not have been prevented by an Islamic judge from making use of his own property.

Issue No. 1930Conditions of Ju'ala

Conditions of One who makes Jualah Contract

Issue No.1930- The person who makes this agreement should be mature, sane, and should have made the agreement with his free will and intention, and should be entitled legally to utilise his property. Hence, the agreement of a mentally incompetent person who squanders his property indiscreetly is not in order.

Issue No. 1828Rules of Partnership

Conditions of Partners

Issue No.1828- The persons who intend to enter into a partnership must be mature and sane, and should have the intention and freedom in the matter of partnership. They should also be able to exercise discretion over their properties. Hence, if a mentally incompetent person who has no right of disposal over his property and spends his wealth prodigally, enters into a partnership, it is not in order.

Issue No. 1710Usages of Zakat of Fitra

Conditions of Poor who Takes Fitra

Issue No. 1710- As an obligatory precaution, zakāt of fiṭrah should be paid to the poor and the destitute, provided that they are twelve Shi‘a Muslims. One can also give fiṭrah to needy Shi‘a children, either by spending fiṭrah on them or by making it their property through their legal guardian.

Issue No. 2032Marriage and Marital life

Conditions of Reciting the Marriage Formula

Issue No. 2032- There are certain conditions for the conclusion of marriage. They are as follows: 1- On the basis of recommended precaution, the formula of marriage contract should be recited in correct Arabic. However if, the man and the woman cannot pronounce the formula in correct Arabic, they can pronounce the formula in any other language, and it is not necessary to appoint any representatives for pronouncing the formula in Arabic. However, the words in the other language must convey the meaning of the Arabic formula.2- The one who recites the formula should have the intention of concluding a contract. That is, their intention by uttering these words should be that she makes herself the wife of the man, and the man accepts her as his wife. The representative should also have the same intention.3- The person who pronounces the formula should be sane, and as an obligatory precaution, he should also be mature, though he may represent someone else.4- If the formula is pronounced by the agent or legal guardian of the man and/or the woman, they should specify the man and/or the woman. Hence, if a person has more than one daughter, he cannot say to a man, “زَوَّجْتُکَ اِحْدي بَناتي (i.e., I have married off one of my daughters to you)”.5- The woman and the man should be willing to enter into matrimonial alliance. If however, one of them seemingly displays hesitation while giving the consent, but it is known that he/she is agreeable to the marriage in his/her heart, the marriage is in order.6- The formula of marriage should be pronounced correctly, and if it is recited in a way that the meaning is changed, the marriage contract will be void. However, there is no harm if the meaning is not changed.

Issue No. 2339Rules Regarding Will

Conditions of Residuary

Issue No. 2339- The person for whom a Will has been made, should be existent at the time of the Will. Hence, if a person makes a Will that a property be given to a child who may possibly be conceived, it is void as an obligatory precaution, and in case one makes such a will the obligatory precaution is that a compromise should be made with the heirs. However, if one makes a Will for a child who is in the mother’s womb, though it may not have soul yet, the Will is in order. In case, therefore, the child is born alive, what the testator had willed should be carried out, and if the child is born dead, the Will becomes void and that property will be inherited by the heirs.

Issue No. 1021Rules regarding Saying Salam and Responding it

Conditions of Responding Salām

Issue No.1021- It is obligatory to reply to a Salām in a way that one who greeted him can hear it. However, if he who says Salām is deaf or he is in a place where there is a lot of noise it would suffice if the greeted person replies in the usual way, and as a recommended precaution, he should also reply to his Salām by indication.

Issue No. 1804Salaf Transaction and its conditions

Conditions of Salaf Transaction

Issue No.1804- There are six conditions for an in-advance payment contract:1) The qualities and characteristics on account of which the price of a commodity may be affected should be specified. However, it is not necessary to be very precise, and it will be sufficient if it can be said that its characteristics are known. For this reason, the transaction on an in-advance payment would be void in the commodities, whose characteristics cannot be specified (e.g., some kinds of hides and meat and carpets).2) Before the buyer and the seller separate from each other, the buyer should deliver the full amount to the seller. If the buyer pays a certain percentage from the price of the commodity to the seller, the transaction will be equally valid to that percentage. However, the seller can rescind the transaction.3) The time limit should be accurately specified. In case, therefore, the seller says that he will deliver the commodity when the crop is harvested, while the harvest time is not exactly known, the transaction is void.4) A time should be specified for the delivery of the commodity when the commodity is usually available.5) As an obligatory precaution, the place of delivery of the commodity (i.e., the city or the town in which the commodity is handed over in) should be specified unless in case the place is obviously understood from their conversation.6) The weight or the volume of the commodity should be specified. But, there is no harm in selling through an in-advance payment contract, a commodity which is usually bought and sold by observation, like various kinds of carpets, provided that its characteristics are mentioned. However, the difference in the quality of individual items of the commodity must be so small that the people may not attach any importance to it.

Issue No. 1775Sellers and Buyers

Conditions of Sellers and Buyers

Issue No.1775- There are some conditions for sellers and buyers:1) They should be mature [1]. 2) They should be sane.3) They should not be of those who are prohibited from making use of their property (e.g., when one is banned from making use of his property by an Islamic judge due to insolvency). 4) Both parties should be serious in their intentions in transacting a commodity. Hence, if a person states that he has sold his property in a humorous manner, that transaction is void. 5) They should not be forced into transaction. 6) They should be the rightful owners of the commodity which they wish to sell, or should be representatives of the rightful owner, or be the legal guardian of the minor.

Issue No. 2300Qasam (Oath)

Conditions of Taking an Oath

Issue No. 2300- If a person takes an oath with the following conditions, he should act upon it, or else, he will be liable to kaffāra (atonement):1- A person who takes an oath should be mature and sane, and in case he takes an oath in respect to his property, he should neither be mentally incompetent, nor should have been prevented by the Islamic judge from making use of his property. One should take the oath with his own volition. Hence, an oath by a minor, an insane person or by a person forced to take an oath will not valid. Similarly, if one takes an oath in a state of anger involuntarily, the oath will be void.2- The act which one takes an oath to do should not be haram or makrūh, and the act for which a person takes an oath to abandon should not be obligatory or recommended. Moreover, if one takes an oath to perform a mubāḥ act, its abandonment should not be better than its performance according to the common perception, or if he takes an oath to abandon a mubāḥ act, its performance should not be preferable to its abandonment according to common perception.3- The oath must be sworn by one of the names of the Almighty Allah which are either exclusively used for Him, (e.g., Allah or God), or by a name which is used for other beings also, but is used so extensively for Him, that when any person utters that name one is reminded of Him alone. In fact, if he uses other names or attributes of Allah which do not remind a person of God’s name without a context, but his intention is Allah, he should, as an obligatory precaution, act according to that oath.4- The oath should be uttered in words. In case, therefore, a person passes it in his mind, it will not be sufficient. And if he writes it down, the obligatory precaution is that he should act according to it. However, if a dumb person takes an oath by making a sign, it is in order.5- It should be possible for a person to act upon his oath. And if he is able to act upon the oath when he takes it, but becomes incapable of acting upon it later, the oath is nullified from the time he becomes incapable of acting upon it. And the same order applies if acting upon one's oath involves such hardship that it is not possible for one to bear it.

قرآن و تفسیر نمونه
مفاتیح نوین
نهج البلاغه
پاسخگویی آنلاین به مسائل شرعی و اعتقادی
آیین رحمت، معارف اسلامی و پاسخ به شبهات اعتقادی
احکام شرعی و مسائل فقهی
کتابخانه مکارم الآثار
خبرگزاری رسمی دفتر آیت الله العظمی مکارم شیرازی
مدرس، دروس خارج فقه و اصول و اخلاق و تفسیر
تصاویر
ویدئوها و محتوای بصری
پایگاه اطلاع رسانی دفتر حضرت آیت الله العظمی مکارم شیرازی مدظله العالی
انتشارات امام علی علیه السلام
زائرسرای امام باقر و امام صادق علیه السلام مشهد مقدس
کودک و نوجوان
آثارخانه فقاهت