The Goal and Bringing It Close: A Translation of Matn Abī Shujāʿ (Al-Ghāyah wa al-Taqrīb)

All praise is to Allah, Lord of the worlds. And may Allah send blessings upon our master Muḥammad, the Prophet, and upon his pure family and all of his Companions.

Some of my friends asked me to make a small, concise book in fiqh in the school of the Imām al-Shāfiʿī—may Allah have mercy on him and be pleased with him—with the intent of brevity and the fullest extent of concision so that it will:

●give the student what he needs to learn simply,

●help the beginner to memorize it,

●break many things down into categories,

●and bring together all the parts.

So I answered them, wanting Allah تعالى to reward me and guide me to what’s correct. And He is able to do whatever he desires and is aware and intimately acquainted with his servants.

Seven types of water are permissible to use to purify:

1. Rainwater

2. Seawater

3. River water

4. Well water

5. Spring water

6. Water from snow

7. Water from hail

Then there are four categories of water:

1. Pure, purifying water that's not disliked: plain water

2. Pure, purifying water that's disliked: “mushammas²”

3. Pure water that can’t purify–

a.water already used to purify,

b.Or that's changed from pure things being mixed in it

4. Unclean (najis) water—it is water that something unclean (najis) has fallen into while it is

a.less than qullatayn (192lt approximately),

b.or is two qullahs and its composition has changed because of it.

Al-qullatān is approximately 500 Baghdadi riṭāl, according to the strongest opinion.

All dead animal skins can be purified with the tanning process except for

●dog

●or pig skins

●or whatever's bred from both or one of them.³

Bones and hair from dead animals are unclean (najis),

●but not from humans.

●It's not permissible to use gold or silver vessels

●Other than that is fine.

It is recommended (mustaḥabb) to use the tooth-stick (siwāk) at all times⁴

●except after the sun passes its zenith for the person who is fasting.

And it’s especially preferred at three times:

1. When the breath gets stale, like from not talking for a while or the likes,

2. Right after waking up,

3. And right before ṣalāh

There are six things you must do⁵ when performing ritual ablution (wuḍūʾ):

1. Intending it when washing the face,

2. Washing your face,

3. Washing your hands up to and including the elbows,

4. Wiping part of the head,

5. Washing the feet including the ankles,

6. And following this order.

And there are 10 preferred actions (sunan) as well:

1. Saying Bismillah,

2. Washing the hands before putting them into the vessel being used,

3. Rinsing the mouth and nose⁶,

4. Wiping the head completely,

5. Wiping the inside and outside of the ears with new water⁷,

6. Running wet fingers through a thick beard,

7. Wiping between the fingers and toes,

8. Beginning with the right before the left.

9. Doing everything three times,

10. And doing everything continuously one after another⁸

●[Cleaning the private parts] (istinjāʾ) is obligatory

○after urinating or defecating.

●It is best⁹ to clean

○first with stones¹⁰

○and then follow it up with water.

●It is permissible to clean with either

○water alone

○or three stones

■if they sufficiently clean the area.

●If one chooses to use only one of the two options,

○using water is better.

And he should avoid when using the restroom:

●Facing towards or away from the direction of prayer (qiblah) in open spaces¹¹,

●relieving himself in standing water,

●under fruit trees,

●in pathways or roads,

●In shady areas,

●in burrows¹²,

●talking while using it, and

●Facing the sun or moon¹³ or facing away.

6 things break ritual ablution (wuḍūʾ):

1. Anything coming out of the two private parts¹⁴,

2. Sleep– for the one who's not firmly seated on the ground,

3. Losing awareness– like from intoxication, illness¹⁵

4. Skin-to-skin contact¹⁶ from a man to a woman¹⁷ that isn't maḥram¹⁸, without a barrier.

5. And touching human private parts with the palm¹⁹

6. and touching the anus on the new madhhab.

Six things make ritual bathing (ghusl) obligatory, three of them are shared between men and women, and they are:

1. Intercourse²⁰,

2. Discharge of semen,

3. and death.

And three are specific to women:

1. Menstruation,

2. Postpartum bleeding,

3. And giving birth.

There are three main things (farḍ) that must be done for ritual bathing (ghusl):

1. Intending it,

2. Removing anything unclean (najis) if it was on the body²¹,

3. And making water reach all the hair and skin

And there are five preferred actions for it:

1. Saying bismillah,

2. Performing ritual ablution (wuḍūʾ) first,

3. Running the (wet) hands over the body,

4. Doing everything continuously,

5. And starting with the right side, then the left

There are seventeen occasions on which ritual bathing (ghusl) is preferred (sunnah):

1. For Jumuʿah,

2. the Eid al-Fiṭr prayer,

3. the Eid al-Aḍḥā prayer,

4. The Prayer for Rain,

5. the lunar-eclipse prayer,

6. the solar-eclipse prayer,

7. After washing a dead body,

8. The kāfir after becoming Muslim,²²

9. after a person recovers from insanity or regains consciousness after fainting,

10. Before making iḥrām (pilgrimage state),

11. For entering Mecca,

12. Standing on ʿArafāt,

13. Spending the night in Muzdalifah,²³

14. for stoning the three jamarāt,²⁴

15. Ṭawāf²⁵

16. Walking between aṣ-Ṣafā and al-Marwah (saʿy)

17. And entering Madīnah (the city of the messenger of Allah ﷺ)

Wiping the khuff is permissible with three conditions:

1. Putting them on while being in a complete state of purity,

2. Covering the place that must be washed on the feet,

3. And being made of a material that can be walked on consistently.

●The resident (muqīm) is permitted to wipe over their khuffs

○for one day and night (24 hours),

●while the traveler (musāfir) is allowed to wipe

○for three days and three nights (72 hours).

●The period for wiping begins from the moment the state of purity is broken after the khuffs have been put on²⁶.

●If they begin wiping as a resident and then travel,

●or begin wiping as a traveler and then return to residency,

○they are limited to the duration allowed for a resident (24 hours).

And the wiping is invalidated by 3 things:

1. Taking them off²⁷,

2. The time period ending²⁸

3. And whatever obligates ritual bathing (ghusl).

There are 5 conditions for dry ablution (tayammum):

1. Having an excuse from traveling or sickness³⁰,

2. The time for that ṣalāh entering,

3. Looking for water,

4. (and/or) Inability to use the water, and not finding it after looking

5. And pure dirt that contains dust.

a.So if gypsum or sand³¹ was mixed in with it, it wouldn’t be acceptable.

Its obligatory actions (farḍ) are 4 things:

1. Having the intention (niyyah)

2. Wiping the face…

3. And the hands up to the elbows³²

4. And going in order

There are 3 preferred (sunnah) actions:

1. Saying bismillah

2. Starting with the right hand before the left

3. And doing it continuously

And 3 actions nullify it:

1. Whatever nullifies ritual ablution (wuḍūʾ),

2. Seeing water outside the ṣalāh,³³

3. And leaving Islam

●The person with a splint³⁴

○wipes over it,

○performs dry ablution (tayammum),

○and prays.

●There is no need to make up those prayers

○if it was put on while in a state of purity.³⁵

●They must perform dry ablution (tayammum) for each obligatory (farḍ) prayer,

●but they can pray as many preferred (sunnah) prayers as they wish with one dry ablution (tayammum).

●Every liquid that exits the two pathways³⁶ is unclean,

○except semen.

●And washing all urine and feces is obligatory,

○Except the urine from a baby

■boy

■that hasn’t eaten food yet,

●his urine is cleaned by sprinkling water on it.

●And nothing is forgiven³⁷ from unclean things,

○except a small³⁸ amount of blood and pus,

●and what

○has no blood running through it³⁹

○if it fell into and died in a vessel

■then it doesn’t make it unclean (najis).

●All animals are pure,

○except for dogs,

○pigs,

○and whatever is bred from them⁴⁰ both or one of them.

●And all dead animals not slaughtered Islamically (maytah) are impure

○except fish,

○locusts

○and humans.

●The dish that

○a dog or pig licked from

■is washed seven times,

■one of the times mixed with dirt⁴¹.

●The rest of unclean things are washed

○with water going over it one time⁴²

■and three times is better.

●And if wine becomes vinegar by itself,

○it becomes pure

●but if someone puts something in it during the process,

○it doesn’t become pure.

Three types of blood exit the woman’s private part:

1. Menses (ḥayḍ),

2. Postpartum bleeding (nifās),

3. And spotting (istiḥāḍah)

Menses (ḥayḍ) is the blood that comes out of a woman’s part in a healthy state and is not caused by childbirth. It is black⁴³, burning, and painful.

Postpartum bleeding (nifās) is the discharge that occurs after giving birth.

Spotting (istiḥāḍah) is discharge at a time other than menses or postpartum bleeding.

●The shortest menstruation is a single day and night,

●and at the most 15 days and nights.

●and normally it’s six or seven days

●The smallest amount of postpartum bleeding is an instant

●and at the most 60 days

●and normally 40 days.

●The shortest time of purity between two periods is 15 days

●and there’s no limit to how long it can be.

●The youngest age a lady can have a period is nine years⁴⁴ old.

●The shortest time for pregnancy is six months,

●at the most 4 years⁴⁵,

●and it’s normally nine months.

Eight things are impermissible (ḥarām) to the person on their menses or postpartum bleeding (nifās):

1. Prayer (ṣalāh),

2. Fasting,

3. Reading the Qurʾān⁴⁶,

4. Touching and carrying the muṣḥaf,

5. Entering a masjid,⁴⁷

6. Making ṭawāf,

7. Intercourse,

8. And seeking pleasure with what’s between the bellybutton and the knees.⁴⁸

Five things are impermissible (ḥarām) for the person who is in a major state of impurity (junub):

1. Prayer (ṣalāh),

2. Making ṭawāf,

3. Reading the Qurʾān,

4. Touching the muṣḥaf and carrying it,

5. And spending time in a masjid.

Three things are impermissible (ḥarām) for the person without ritual ablution (wuḍūʾ)

1. Prayer (ṣalāh),

2. Ṭawāf,

3. And touching and carrying the muṣḥaf⁴⁹

There are five obligatory prayers (ṣalawāt):

1. Ẓuhr: its time starts at the zenith of the sun

○and ends when the shadows of everything become the same length as the object

■In addition to the shadow of the zenith.

2. ʿAṣr: its time starts when the shadow exceeds the length of the object

○and its preferred time ends when the shadows are double the length of the object

○and the end of its permissible time is the sunset.

3. Maghrib has a single time,

a.when the sun sets and lasts for the time of someone to:

1. make the call to prayer (adhān),

2. perform ritual ablution (wuḍūʾ)

3. cover their Islamic nakedness (ʿawrah)

4. Make the call to commence prayer (iqāmah)

5. and pray five units (rakʿāt)⁵⁰

4. ʿIshāʾ: its time starts when the red leaves the sky from the sunset

○and its preferred time ends at one third of the night

○and its permissible time ends at the true break of Fajr

5. and Fajr begins the break of true dawn

○and its preferred time ends when the sky becomes bright

○and its permissible time ends with the sunrise.

There are 3 conditions for ṣalāh to be obligatory:

1. Islam,

2. coming of age,

3. and sanity.

And these are the conditions of accountability (taklīf)

There are five preferred (sunnah)⁵¹ prayers:

1. the two Eid prayers,

2. ..

3. The sun and moon eclipse prayers

4. ..

5. and the prayer for rain (ṣalāt al-istisqāʾ)

There are 17⁵² preferred (sunnah) units (rakʿāt) that follow the times of the obligatory ṣalāh:

-2 units (rakʿāt) before Fajr

-4 before Ẓuhr and 2 after it

-4 before ʿAṣr

-2 after Maghrib

-3 after ʿIshāʾ making one of them witr

There are three prayers that are highly recommended:

1. The night prayer

2. Ḍuḥā

3. And tarāwīḥ

There are five conditions before entering ṣalāh

1. Purity of the body limbs from the ritually impure state and from anything unclean (najis).

2. Covering the Islamic nakedness (ʿawrah) with pure clothes.

3. Standing in a pure place

4. Knowledge that the time has come in for that prayer

5. And facing the direction of prayer (qiblah)

And there are two times that it’s permissible to pray without facing the direction of prayer (qiblah):

1. In extremely fearful circumstances

2. And for preferred (sunnah) prayers when traveling⁵³ while riding

‏There are 18 pillars in ṣalāh:

1. Intention (niyyah)

2. Standing for the one who’s able

3. The opening takbīr (Allāhu Akbar)

4. Reciting Sūrat al-Fātiḥah,

○and Bismillāhi-r-Raḥmāni-r-Raḥīm ﷽ is an āyah from it

5. Bowing (rukūʿ)

6. and being still (ṭumaʾnīnah) in it

7. Standing back up

8. Being still in it

9. Prostrating (sujūd)

10. And being still in it

11. And sitting between the two prostrations

12. And being still in it

13. Sitting at the end

14. Saying the testification of faith (tashahhud) during it

15. And saying Allāhumma ṣalli ʿalā Muḥammad

16. And saying the first “As-salāmu ʿalaykum” at the end

17. Having the intention to leave the prayer, according to one view⁵⁴

18. And doing every pillar in the order we mentioned

There are two preferred (sunnah) actions to do before entering the prayer:

1. making the call to prayer (adhān)

2. And the call to commence prayer (iqāmah)

And there are 2 preferred (sunnah)⁵⁵ actions as well after entering in the prayer:

1. The first testification of faith (tashahhud)

2. And qunūt:

a.In the Fajr prayer

b.And the witr prayer of the last half of Ramaḍān⁵⁶

And there are 15 things that beautify the prayer (hayʾāt)

1. Raising the hands

a.with the opening takbīr (Allahu Akbar),

b.when bowing (rukūʿ),

c.and coming up from it

2. Placing the right hand on top of the left

3. Saying the opening supplication

4. Then the istiʿādhah⁵⁷

5. Reciting aloud in its time

6. Reciting quietly in its time

7. Saying Āmīn

8. Reciting another surah after al-Fātiḥah

9. Saying Allahu Akbar when moving down and up

10. And Samiʿa Allāhu liman ḥamidah (i.e., Allah hears the one who praises him) and Rabbānā laka al-ḥamd (our Lord, to you alone is the praise)

11. And saying during

a.bowing (rukūʿ) “Subḥāna Rabbiyal-ʿAẓīm”

b.and in prostration (sujūd) “Subḥāna Rabbiyal-Aʿlā”

12. and putting the hands on the thighs when sitting

a.Making the left hand flat

b.And the right hand a fist,

1. except for the index finger,

2. pointed when making the testification of faith (tashahhud)

13. And sitting on the left foot flat down and the right foot upright with the toes pointing forward (iftirāsh) in all of the sittings

14. And sitting on the buttocks with the left foot under the right shin with the right foot upright as mentioned before (tawarruk) in the last sitting

15. And the second “As-Salāmu ʿAlaykum wa Raḥmatullāh”

The woman differs from the man in five aspects.

The man:

1. spreads his elbows from his sides,

2. and separates his stomach from his thighs, while bowing and prostrating.

3. And he raises his voice at the times for praying out loud.

4. And if there’s a mistake in the prayer,

a.he says “subhanallah.”

5. And his Islamic nakedness (ʿawrah) is

a.what’s between his belly button and knees.

As for the woman,

1. she tucks her body parts in together.

2. …

3. She lowers her voice in the presence of non-maḥram men when reciting.

4. And if there’s a mistake in the prayer, she claps.

5. All of a free woman’s body is Islamic nakedness (ʿawrah) except the face and hands.

a.And a slave woman is like a man⁵⁸ in this matter.

11 things invalidate the ṣalāh:

1. Deliberate speech

2. Lots of movement⁵⁹

3. Breaking ritual ablution (wuḍūʾ)

4. Something unclean (najis) being⁶⁰ on the person or his clothes

5. Some of the Islamic nakedness (ʿawrah) being exposed⁶¹

6. Turning the intention (niyyah) away from ṣalāh

7. Turning away from the direction of prayer (qiblah)

8. Eating

9. drinking

10. Laughing out loud

11. And apostasy

For the obligatory prayers in one day there are

●17 units (rakʿāt) altogether,

●34 times of prostrating,

●94 times of saying Allahu Akbar,

●9 testifications of faith (tashahhudāt),

●10 times of saying “As-Salāmu ʿAlaykum wa Raḥmatullāh”,

●153 glorifications (tasbīḥ),⁶²

●The total number of pillars (arkān) in prayer amounts to 126:

○30 pillars in Fajr.

○42 pillars in Maghrib.

○54 pillars in every prayer of four units (rakʿāt).

●Whoever is not able to stand in the obligatory prayers

○prays sitting,

●and if he’s not able to sit,

○he prays lying down on his side

●and if he’s not able to do that,

○he prays lying on his back

■And if he’s unable

●he prays with head movements

●and intends with his heart.

The things that are left out of the ṣalāh are of three types:

1. Obligatory (farḍ)

2. Preferred (sunnah)⁶³

3. Hayʾah

●The pillar (farḍ) can’t be replaced with the prostration of forgetfulness (sujūd al-sahw)

○rather, if he remembers what he forgot,

○and the time is close,

■he goes right back to what he forgot,

■does it immediately,

■resumes from there,

○and then prostrates for his forgetfulness.

●As for the preferred (sunnah) parts,

○he doesn’t go back to it once he has started a pillar (farḍ),

○and at the end he prostrates for his mistake/forgetfulness.

●And as for the hayʾah parts;

○he doesn’t go back if he misses it

○and he doesn’t make a prostration at the end for not doing it.

●If someone is unsure about the number of units (rakʿāt) he prayed,

○then he goes off of what he is sure of

■and that is the lesser number

○and then he makes the prostration for forgetfulness.

●The prostration of forgetfulness (sujūd al-sahw) is preferred (sunnah)

●and is done before saying “AsSalam Alaykom…”

There are five times it’s impermissible to perform ṣalāh unless it is prescribed for an occasion⁶⁴.

1. After praying the Fajr ṣalāh

○until the sun rises

2. From sunrise,

○until the sun rises the length of a spear on the horizon⁶⁵

3. The zenith⁶⁶ of the sun

○until the sun begins to move from it

4. After praying the ʿAṣr ṣalāh

○until the sun sets

5. And during the sunset

○until it’s finished setting

The ṣalāh in congregation is a very important sunnah [muʾakkadah]⁶⁷.

●The person being led in prayer must intend that they are following,

○but not the imām⁶⁸.

●It is permissible for

○a free person to be led

■by a slave

○and for an adult to be led

■by someone who has not yet come of age.

●But it is not permissible for

○a man to be led by

■a woman

○or for a reciter (qāriʾ)⁶⁹

■to be led by an illiterate (ummī)⁷⁰.

●A person can be led by the imām any place in a masjid as long as:

○he is aware of the prayer

○and doesn’t precede the imām.

●And it’s permissible to be led by imām inside the masjid and the people following outside of the masjid if:

○They are somewhat close⁷¹ to the masjid,

○aware of the parts of the prayer,

○and there’s no barrier stopping them from reaching imām

It’s permissible for a person on a [long] journey to shorten prayers that are 4 units (rakʿāt) if five⁷² conditions are met:

1. The journey is not made to do something sinful

2. The distance of the journey is 16 farsakh⁷³

3. That the prayers being shortened are from a current ṣalāh of four units (rakʿāt)⁷⁴

4. That he makes the intention to shorten with the opening takbīr (Allahu Akbar)

5. And that he isn’t led in the prayer by a resident⁷⁵.

It’s also permissible⁷⁶ for a person on a long journey⁷⁷ to combine between

1. Ẓuhr and ʿAṣr in whichever of the two times he wants

1. and between Maghrib and ʿIshāʾ in whichever of the two times he wants.

And it’s permissible for someone not traveling to combine them in the first of the two times during times of rain⁷⁸

The obligation of the Jumuʿah prayer is met with seven conditions:

1. Being a Muslim

2. Maturity

3. Sanity

4. Freedom

5. Being a male

6. Being healthy/physically able

7. Permanent residency⁷⁹

There are three conditions for the prayer itself:

1. To be in a city or town

2. For there to be 40 people from those obliged to pray Jumuʿah

3. For there to be time left

●And if the time for Ẓuhr runs out

●or some of these conditions are not met,

○then this is prayed as Ẓuhr.

There are three parts of it that are obligatory (farḍ):

1. The two sermons⁸⁰ (khuṭbatān) standing for them and sitting in between them,

2. Praying the ṣalāh of two units (rakʿāt),

3. And that being in congregation.

And there are 4 things that are preferred:

1. Taking a bath and cleaning the body,

2. Wearing white clothes,

3. Trimming the nails,

4. And wearing cologne

And it’s also preferred to

●stay quiet and listen during the sermon

●And whoever enters, while imām is giving the sermon (khuṭbah), they should pray two light units (rakʿāt) before sitting.

The Eid ṣalāh is a highly recommended prayer that is

●two units (rakʿāt)

●Making 7 takbīrāt (Allahu Akbar)⁸¹ besides the beginning takbīr

●And in the second unit (rakʿah) 5 takbīrāt besides the one takbīr for standing

●And after it, there are two sermons:

○Making 9 takbīrāt in the first one

○and 7 in the second one.

1. In the evening before the day of Eid we make takbīrāt starting from sunset until imām starts the Eid prayer

1. and for Eid al-Aḍḥā⁸² after all the obligatory prayers from the Fajr of yawm ʿArafāt to the end of ʿAṣr the last day of Tashrīq.

The eclipse prayer is a very important sunnah

1. If it’s missed, it’s not made up.

It’s prayed for a solar or lunar eclipse as two units (rakʿāt):

●two times of standing in each unit (rakʿah)

○with a long recitation in each one,

●With two bowings (rukūʿ)— in each unit (rakʿah)

○with lots of glorification (tasbīḥ) in each of them,

■as opposed to the prostration (sujūd)⁸³.

●And there are two sermons (khuṭbatān) after it.

●The solar eclipse prayer is prayed silently⁸⁴;

●And the lunar eclipse is prayed out loud.

●The prayer for rain is preferred (sunnah).

●The leader commands the people

○to repent,

○give charity,

○stop oppression,

○make things right with their enemies,

○and fast for three days

●Then, after that, he goes out with them on the fourth day

○in humble work clothing,

○lowly in appearance,

○seeking Allah’s help

●Then he prays two units (rakʿāt) of prayer with them like the Eid prayer,

●Then he gives a sermon (khuṭbah) afterwards

●Then changes his cloak the opposite way⁸⁵

●And makes lots of supplication (duʿāʾ), and seeks forgiveness

●And he prays the prayer that is reported from the prophet ﷺ

:وَهُوَ

Which Is:

“O Allah, make it a rainfall of mercy,

not a rainfall of punishment, destruction, calamity, ruin, or flooding.

O Allah, send it upon the hills, the mounds, the places where trees grow, and the valleys.

O Allah, let it rain around us, not upon us.

O Allah, give us rain that brings relief, is abundant, beneficial, nourishing, widespread, and covers everything, lasting.

O Allah, give us rain and do not make us among the despairing.

O Allah, Your servants and Your lands are suffering from hardship, hunger, and difficulty and we complain only to You.

O Allah, grow crops for us, fill the udders for us, and send us blessings from the skies

and grow for us blessings from the earth. Remove from us the trials that no one but You can remove.

O Allah, we seek Your forgiveness, for You are Oft-Forgiving, so send rain upon us in abundance.”

●Then he washes in the rainwater of the valley if it fills up

●And makes tasbeeh⁸⁶ when he hears thunder and/or sees lightning.

There are three forms of the Fear Prayer:

1. The first of which is if the enemy is not in the direction of prayer (qiblah):

a.so the leader makes two groups,

1. one of them stands in the direction of the enemies,

2. and the other group stands behind the leader.

b.Then he prays with the group behind him

1. one unit (rakʿah)

2. then they finish by themselves

3. and then go in the direction of the enemy.

c.Then the second group comes and he prays with them

1. one unit (rakʿah)

2. and then they finish for themselves

3. and then he makes the ending salaam with them.

2. The second way is when the enemy is in the direction of prayer (qiblah):

a.the leader puts them in two lines,

b.and enters the prayer with them both.

c.And when he prostrates

1. the first line prostrates with him,

2. while the second line stays standing protecting them,

d.and when he comes up with the first line,

1. the second line prostrates,

2. and then catches up.

3. The third way is in the heat of battle with extreme fear and clashing of warriors⁸⁷.

a.So the person prays however he can:

1. standing or riding,

2. facing the direction of prayer (qiblah) or not.

●It’s impermissible for men to wear⁸⁸ silk or gold rings,

○but it’s permissible for women.

●There’s no difference between a lot of gold or a little bit; [ie: it’s all impermissible for men to wear.]

●And if clothes are a mix of silk with cotton or linen, it’s permissible to wear,

○as long as the silk isn't over half the mix.

There are four things that must be done for the deceased

1. He must be washed,

2. shrouded,

3. prayed over—the janāzah ṣalāh

4. and buried.

And there are two⁸⁹ types of people that are not washed or prayed over.

1. The martyr (shahīd) that’s killed in a battle⁹⁰ with the disbelievers

2. And the stillborn baby that didn’t ever cry⁹¹ in birth

The deceased is washed with water an odd number of times, and the first washing should be with buckthorn (sidr) and the last with camphor mixed into it.

The deceased is wrapped with three white sheets without a shirt or headwear

The janāzah prayer is prayed with four takbīrāt (Allahu Akbar)

●After the first one, Sūrat al-Fātiḥah is read

●After the second one ṣalāh is sent on the Prophet ﷺ

●And after the third one, the deceased is prayed for saying

“O Allah, this is Your servant, the son of Your servants. He has left behind the goodness and vastness of this dunya, those whom he loved, and those who loved him, to enter the darkness of the grave and face what lies ahead.

He used to testify that there is no one worthy of worship except You—alone, with no partner—and that Muhammad is Your servant and messenger. And You know him better than we do.

O Allah, he has come to reside with You, and You are the best with whom one can reside. He is now in need of Your mercy, and You are free from any need to punish him.

We have come to You, turning to You in hope and interceding for him.

O Allah, if he was among the righteous, then increase him in righteousness. And if he was among the sinners, then overlook his sins. Let him meet Your mercy and favor, and protect him from the trial and punishment of the grave.

Expand his grave for him, and widen the earth for him from both sides. And by Your mercy, grant him safety from Your punishment until You raise him up safely to enter Your Paradise.

O Most Merciful of those who show mercy.”

●And after the fourth one this prayer is said

“O Allah, do not deprive us of the reward [for praying over him]. And do not test us after him. And forgive us and him.”

●Then the prayer is ended by saying after the fourth takbīrah “asSalamu Alaikum waRahmatullah.”

Then the deceased is buried

●in a laḥd⁹²

●facing the direction of prayer (qiblah)⁹³

●his head put in the grave first carefully

●And the person putting him in the grave says

Bismi Allāhi wa-ʿalā millati Rasūli Allāh ﷺ.

“In the name of Allah and upon the religion of Allah’s Messenger ﷺ.”

●Then he is laid in his grave

●that should be deep and long enough.

●Then the grave is flattened out,

●and nothing is built on it⁹⁴,

●or plastered on the grave.

●There’s no problem with crying over the deceased

○as long as there’s no wailing

○or tearing clothes

Then the family of the deceased is visited to comfort them for three days after the burial.

And two people aren’t buried in one grave except for a need.

The zakāh is obligatory for five things:

1. Livestock

2. Currency

3. Crops

4. Fruits

5. And trading goods

As for the livestock, it is obligatory for three types:

1. Camels,

2. cattle,

3. and ghanam (sheep and goats)

There are six conditions for it to be obligatory:

1. Islam,

2. freedom,

3. complete ownership,

4. Minimum threshold (niṣāb)⁹⁵,

5. The completion of one [lunar⁹⁶] year,

6. and grazing⁹⁷.

As for currency: it’s of two⁹⁸ types; gold and silver

And there are five conditions for it to be obligatory:

1. Islam,

2. freedom,

3. complete ownership,

4. Minimum threshold (niṣāb),

5. and the completion of one year.

For crops, zakāh is obligatory if three conditions are met:

1. It’s something that humans farm,

2. it’s a staple food that can be stored long term,

3. and it reaches the minimum threshold (niṣāb):

○which is 5 awsuq hulled⁹⁹.

As for fruit, it is obligatory for two types: dates and grapes

And there are four conditions for it to become obligatory:

1. Islam,

2. freedom,

3. complete ownership,

4. and the minimum threshold (niṣāb)

And as for goods for trade, they have the same conditions as currency.

The first minimum threshold (niṣāb) is for five camels, which is one sheep/goat (shāh).

And for 10 — two sheep/goats.

And for 15 — three sheep/goats.

And for 20 — four sheep/goats.

And for 25 — one one-year-old female camel (bint makhāḍ).

And for 36 — one two-year-old female camel (bint labūn).

And for 46 — one three-year-old female camel (ḥiqqah).

And for 61 — one four-year-old female camel (jadhaʿah).

And for 76 — two two-year-old female camels (bintā labūn).

And for 91 — two three-year-old female camels (ḥiqqatān).

And for 121 — three two-year-old female camels (thalāth banāt labūn).

Then, for each 40 after that, one two-year-old female camel (bint labūn).

And for every 50, one three-year-old female camel (ḥiqqah).

The first minimum threshold (niṣāb) for cows is 30 which obligates 1, one-year-old bull (tabīʿ)

And for 40— 1 two-year-old heifer (musinnah)

And so on and so forth like that…

The first minimum threshold (niṣāb) for goats/sheep is 40, which obligates 1 one-year-old sheep (jadhaʿ ḍaʾn) or 1 two-year-old goat (thaniyy maʿz).

And for 121—two of those.

And for 201—three of those.

And for 400—four of those.

Then, for each hundred after that—one of those.

Mixed herds are counted for zakāh like one person with seven conditions:

1. If their pen is shared, as well as their

2. path,

3. pasture,

4. stud,

5. drinking place,

6. milker¹⁰⁰,

7. and the place of milking.

●The minimum threshold (niṣāb) for gold is 20 mithqāl¹⁰¹.

○and the zakāh owed on that is 2.5%

■which is half a mithqāl.

○and more than that is 2.5% of the total.¹⁰²

●The minimum threshold (niṣāb) for silver is 200 dirhams [595gm]

○and the zakāh on that is 2.5%

■which is 5 dirhams.

○and more than that is 2.5% of the total.

●And there’s no zakāh owed for permissible gold and silver jewelry¹⁰³.

The minimum threshold (niṣāb) for crops and fruit is five awsuq (about 240gl/908lt) and that’s 1,600 Iraqi riṭāl.

●And 1/10 is owed on it if it was watered

○by rain or natural [gravity-fed] floodwaters,

●and if it was watered

○by buckets or physical labor¹⁰⁴ then 5%.

●The goods for trading are appraised at the end of the year with the currency that they were purchased with.

○And 2.5% of its value is owed on it.

●And whatever is extracted from gold and silver mines,

○2.5% is taken from it right away.

●And 1/5 is owed from rikāz¹⁰⁵.

There are three conditions for Zakāt al-Fiṭr to be obligatory:

1. For the person to be Muslim,

2. the sunset of the last day of Ramaḍān,

3. And for the person to have more than enough food for himself and his family that day.

●And the person gives zakāh for

○himself,

○and for every Muslim

■that it is obligatory for him to provide for.

●For each person he gives one sāʿ (.8 gal/12.8cups/3000ml)

○from the staple food of his land.

●And the amount of it is 5 riṭāl, and one-third according to the Iraqi measurement.¹⁰⁶

The zakāh is given to the eight groups that Allah mentioned in this āyah

“As-Sadaqat (here it means Zakat) are only for

(1)the Fuqara' (poor), and

(2)Al-Masakin (the needy) and

(3)those employed to collect¹⁰⁷ (the funds);

(4)and for attracting the hearts of those who have been inclined (to Islam¹⁰⁸);

(5)and to free the slaves;

(6)and for those in debt;

(7)and for Allah's Cause (i.e., for Mujahidun - volunteers fighting in valid jihad),

(8)and for the wayfarer (a traveler who is cut off from his wealth)”

It’s to whoever is available from them, and you don’t give to less than three people from every group except the collector [assigned by the amīr].

And it’s not permissible to give it to five types of people:

1. The wealthy person, whether by money or work

2. The slave

3. The tribes: Banū Hāshim and Banū al-Muṭṭalib

4. The kāfir

5. And whoever the person giving the zakāh is already obligated to provide for, it’s not permissible for him to give it to them under the pretense that they are poor and needy.

Four conditions need to be met for fasting to be obligatory for someone:

1. Islam,

2. coming of age,

3. sanity,

4. and the ability to fast.

And there are four obligatory parts to fasting:

1. the intention (niyyah) made during the preceding night,

2. abstaining from¹⁰⁹ eating, drinking,

3. intercourse,

4. and inducing vomiting.

10 things break a person’s fast:

1. whatever intentionally enters a bodily cavity,

2. Or the head,

3. A rectal or urethral suppository,

4. Intentional vomiting,

5. Intentional intercourse in an orifice,

6. Ejaculation from touching,

7. Menstruation,

8. postpartum bleeding,

9. insanity,

10. And apostasy.

It’s preferred to do three things for the fast:

1. Hurrying to break the fast,

2. Delaying the pre-dawn meal (suḥūr),

3. Leaving off bad speech.

It’s prohibited to fast on five days:

●The two Eids,

●The three days of Tashrīq¹¹⁰.

And it is disliked¹¹¹ to fast on the day of doubt

●Unless he has a normal routine that falls on that day,

●[Or connects it with what is before it.]

And whoever has intercourse

●during the day of Ramaḍān,

●intentionally,

●with penetration, has to

a.make up the day

b.and make the expiation (kaffārah), which is:

1. freeing a believing slave,

2. and if he can’t find one, then

●two months of fasting without any breaks,

3. and if he’s not able,

●then feeding 60 poor people

○one mudd of the local staple food for each.

●And whoever dies without making up the days of fasting,

○then each day of fasting is counted for with one mudd¹¹² given on his behalf.¹¹³

●As for the elderly person, if he’s not able to fast,

○then he breaks the fast

○and feeds one poor person a mudd of food for each day.

●As for the pregnant or breastfeeding women,

○if they fear for their own health,

■they break the fast and make it up later.¹¹⁴

●And if they¹¹⁵ fear for their children’s well-being,

○then they break the fast,

○make it up,

○And feed one person one mudd for each day.

■And one mudd is 1 and 1/3 Iraqi riṭāl.

●The person that is sick,

●or traveling a long distance

○may break the fast

■and if so, they make it up.

Iʿtikāf is a loved sunnah

And it has two conditions:

1. Intention

2. And remaining in a masjid

●The person who has vowed to do iʿtikāf cannot exit the masjid,

○except for something that is a human need or a valid excuse,

■such as menstruation

■or being sick to an extent that one can’t remain in the masjid in that condition.

And intercourse¹¹⁶ invalidates it.

There are seven conditions for Ḥajj¹¹⁷ to be obligatory:

1. Islam,

2. coming of age,

3. sanity,

4. freedom,

5. having the means to travel¹¹⁸,

6. the road being [safely] passable,

7. being able to make the journey in time¹¹⁹

There are four¹²⁰ pillars (arkān) of Ḥajj:

1. Iḥrām with intention,

2. Standing on ʿArafāt¹²¹,

3. Making Ṭawāf around the Kaʿbah

4. Walking between aṣ-Ṣafā and al-Marwah (saʿy),

5. [Shaving the head (al-ḥalq)]

And there are four pillars for ʿUmrah:

1. Iḥrām,

2. Ṭawāf,

3. Walking between aṣ-Ṣafā and al-Marwah (saʿy)

4. And shaving the head (al-ḥalq) — or shortening it (at-taqṣīr) according to one¹²² of the two views.

For Ḥajj, three¹²³ other things are obligatory (wājib) aside from the pillars:

1. Iḥrām from the assigned place (mīqāt),

2. Throwing stones at the 3 pillars (jimār),

3. and shaving the head¹²⁴

There are seven preferred actions (sunan) to do in Ḥajj:

1. Doing Ḥajj by itself, and then doing ʿUmrah afterward (ifrād).

2. Talbiyah: (saying Labbayk Allahumma Labbayk…)

3. Ṭawāf for entering Mecca,

4. spending the night in Muzdalifah¹²⁵,

5. praying two units of prayer after ṭawāf,

6. spending the night in Minā¹²⁶,

7. and the Farewell ṭawāf¹²⁷

●In iḥrām, men are not allowed to wear any sewn garments¹²⁸;

○so he wears two white cloths,

■one around his waist and one on top.

A person in iḥrām is prohibited from 10 things:

1. wearing sewn garments¹²⁹,

2. covering the head for men and the face and hands for women,

3. combing/putting cream in the hair

4. or cutting it,

5. cutting fingernails,

6. putting on anything scented or perfume,

7. Hunting animals,

8. making a marriage contract,

9. intercourse,

10. and sensual touching.

●And for any of these things that were done,

○there’s a recompense/penalty (fidyah),

■except for the marriage contract because it’s not valid from the start,

●And nothing invalidates Ḥajj or ʿUmrah except sexual intercourse¹³⁰,

○and the person still has to complete the rites.

●Whoever missed standing on ʿArafāt

○completes the rites as ʿUmrah,

○and he must make up Ḥajj¹³¹

○and make an animal sacrifice.

●Whoever misses a pillar,

○they don’t exit iḥrām until they do it.

●And whoever missed an obligatory action (wājib),

○they have to sacrifice an animal.

●And if someone missed a preferred action (sunnah),

○there’s nothing they must do for leaving it.

There are five reasons that require an animal sacrifice:

1. The obligatory (wājib) sacrifice for not doing one of the prescribed rites: —in order—

a.a sheep/goat sacrifice¹³²;

b.and if he doesn’t have one then fasting 10 days—

■three days in Ḥajj and seven when he gets back home.

2. The obligatory (wājib) sacrifice for cutting hair or indulging in one of the luxuries prohibited in iḥrām: —he chooses between—

a.a sheep/goat sacrifice,

b.fasting 3 days,

c.or giving 3 sāʿ¹³³ of food to 6 poor people.

3. The obligatory (wājib) sacrifice for getting prevented from completing the rites:

○he leaves the state of iḥrām and sacrifices a sheep/goat.

4. The obligatory (wājib) sacrifice for killing hunting game: —he chooses between—

a.sacrificing what is like the game that he killed if the hunting game has something similar to it,

b.or tallies up the value of it, and buys food with it to give out to the poor,

c.or he fasts one day for each mudd-worth of food he would’ve given.

d.If the hunting game has nothing similar to it,

■then he does one of the last two mentioned

5. The obligatory (wājib) sacrifice for intercourse: —in order—

a.a camel sacrifice,

b.and if he doesn’t have one

■then one cow,

c.and if he doesn’t have one

■then seven sheep/goats,

d.and if he doesn’t have them,

■then he buys the worth of a camel in food and gives it to the poor,

e.and if he doesn’t have that,

■then he fasts for every mudd of that worth, one day.

●The sacrifice, and giving of food

○only counts inside of the ḥaram of Mecca¹³⁴

●but fasting can be done anywhere.

●And it’s not permissible to

○kill any wild game in the ḥaram

○or cut down any plants;

■this is the same for the person in iḥrām as well as those who aren’t.

Sales are of three types:

1. buying a specific seen object

○which is permissible

2. ordering a defined item due in the liability of the seller (fī al-dhimmah).¹³⁵

○which is permissible

■if it arrives as it was described

3. Or buying a specific object

○that’s not present

○and was not seen,

■which is not permissible.

●It’s valid to buy or sell anything

○pure,

○beneficial

○and owned¹³⁶.

●And it’s not valid to buy or sell something that is

○unclean (najis)

○or has no benefit.

Riba¹³⁷ is prohibited in gold and silver¹³⁸ (i.e., currency) and foodstuffs.

It’s not permissible to trade gold with gold or silver with silver except that—

●it is the same weight

●in a completed transaction (a done deal in that sitting).

●And it’s not permissible to sell something that someone has bought until

○they have taken it into their possession.

And it’s not permissible to trade meat for live animals.

●It’s permissible to trade gold for silver

○at different weights

■if it is done in a completed transaction.

●And like that for foodstuffs:

○It’s not permissible to trade the same type of food unless

a.it is the same [weight]

b.and done as a completed transaction.

●And it’s permissible to trade one type of food for another type

○at different weights

■if it is done as a completed transaction.

And it’s not permissible to sell something ambiguous.¹³⁹

●The buyer and seller have the choice¹⁴⁰ to go back on the sale

○as long as they don’t leave each other.

●And they can make the condition/choice to go back on the sale agreement

○for up to three days.

And if there’s a defect in the product, the buyer has the right to return it¹⁴¹.

●It’s not permissible to sell fruit in general

○before it has shown signs of ripeness

●And it’s not permissible to trade the same food that carries riba while it’s still fresh [wet] (raṭban), except milk.

Ordering goods (salam) is valid immediately or at a later time with five conditions:

1. it is described in detail

2. it is a type that isn’t mixed with other types

3. no fire was used to change it in the process¹⁴²

4. and it cannot be a specific object,

5. or from something specific¹⁴³.

There are eight conditions for the validity of an ordered object

1. That it is described with its

a.type

b.and model

c.with a description that encompasses

1. the differences that affect its price

2. that its weight/size/dimensions are defined to a point of negating ambiguity

3. if the order will be received at a later date, then that date is specified

4. it is present/arrives when it should, normally

5. the place of receiving it is known

6. At a known price

7. And that the payment is done before departing

8. And then the agreement is completed and final without the conditional option of going back on it.

●Anything that is permissible to sell is also permissible as collateral (rahn) for debts

○when the debt is firmly established as a liability (fī adh-dhimmah).

●And the person giving collateral can go back on it

○as long as the collateral hasn’t been taken into possession.

●And the person holding the collateral is not held liable for any damage or loss

○Unless they were transgressive.

●And if he paid some of the debt owed,

○nothing is taken from the collateral

■until the debt is completely paid.

The prohibition from making financial transactions (ḥajr) is upon six types of people:

1. The child,

2. the insane person,

3. the simpleton (safīh) who squanders money¹⁴⁴,

4. The bankrupt person (muflis): The person whose outstanding debts are more than his total assets,

5. the sick person on his deathbed in whatever goes over 1/3 of his wealth,

6. And the slave that hasn’t been given permission to trade.

●The transactions of a

○child,

○insane person,

○and money squanderer (safīh)

■are not valid.

●the transactions of the bankrupt person (muflis)

○are valid

■with credit¹⁴⁵,

■as long as it isn’t with his current assets¹⁴⁶.

●The transactions of the sick person on his deathbed over 1/3 are suspended until his heirs give permission for it after his death.

●And the transactions of a slave only occur in credit which follows him after his freedom.

●It’s permissible to make a settlement (ṣulḥ) after

○admittance (iqrār) of a monetary claim

○or something that results in a monetary claim.

●And this is of two types:

●forgiveness (ibrāʾ) or making a deal/trade (muʿāwaḍah)

1. Forgiveness (ibrāʾ) is agreeing to accept part of what is owed

a.and it’s not permissible to make any condition on top of that.

2. Making a deal/trade (muʿāwaḍah) is taking something else other than what is owed in exchange,

a.and this takes the rulings of buying and selling

●And it’s permissible for someone to make an overhang, such as a balcony/awning over an open street

○as long as none of the travelers of the road are harmed by it.

●And it’s not permissible in a dead-end street

○except with the permission of those sharing that roadway.

●And it’s permissible to move a gate/door to someone’s house on a dead-end street

○if it’s closer to the open side of the dead end.

●but it’s not permissible to move it further down into the dead end,

○except with the permission of those sharing the road further in.

There are four conditions for debt transfer (ḥawālah)¹⁴⁷:

1. The consent of the transferor/original debtor (al-muḥīl),

2. The acceptance of the creditor being transferred (al-muḥtāl),

3. The debt being firmly established as a liability (dhimmah),

4. The debt owed by the transferor (al-muḥīl) and the debt owed by the new paying party (al-muḥāl ʿalayh) matching in:

a.genus,

b.type,

c.immediate maturity, and deferment.

With it, the liability of the transferor (al-muḥīl) is cleared.

●It’s permissible to make someone a guarantor/co-signer (al-ḍāmin) for

○established debts

■if its value is known.

●And the debtor can ask either the co-signer (al-ḍāmin) or the signer (al-maḍmūn ʿanhu) to pay

○if the guarantee was according to these previously mentioned conditions.

●And if the co-signer (al-ḍāmin) pays, then the signer (al-maḍmūn ʿanhu) needs to pay him back

○if the guarantee (ḍamān)

○and paying off¹⁴⁸

■was done with his permission.

●it’s not allowed to cosign for:

○something unknown

○or an obligation that has not yet arisen

■except for guaranteeing sold goods if it turned out to have someone else’s rights on it.¹⁴⁹

Guaranteeing someone’s presence is permissible when that person owes a right to another human being.¹⁵⁰

There are five conditions for this business partnership

1. That it is based on a minted currency from dirham or dinar¹⁵¹,

2. that it’s the same genre and type¹⁵²,

3. that both people’s money is mixed together,

4. that each one of the partners gives the other partner the right to financial transactions with the shared money.

5. And that the profit and loss is shared according to the percentage of the initial amount of investment.

●Any one of the partners can dissolve the business agreement whenever they want,

●and whenever one of them dies, the partnership is nullified.

●Anything that is permissible for a person to do himself is permissible

○to delegate

○or be delegated for it.

●This delegation is an at-will contract.

○Any one of them can terminate it whenever they wish

○and it is nullified with the death of either of them.

●The delegated person (al-wakīl) is trusted with

○what he takes

○and does,

■and he is not liable for losses, unless he was careless.

It’s not permissible for him to buy or sell on his behalf except with three conditions:

1. That he sells/buys at the normal price,

2. that it is in cash¹⁵³,

3. and in the local currency.

●It’s not permissible to sell to himself,

●or to make a confession (iqrār) for the delegator,

○except with his permission¹⁵⁴.

There are two types of confessions:

1. that which regards the rights of Allah

2. and human rights

●As for the rights of Allah,

○it’s permissible for someone to go back on their confession

●and as for the rights of mankind,

○it’s not permissible for them to go back after confessing

Three conditions need to be met for the confession to be valid:

1. Maturity,

2. sanity,

3. and free will

And if it’s regarding money, there’s a fourth condition and it is:

4. financial responsibility (rushd).

●And if someone confessed to something unknown¹⁵⁵

○they are taken back to define it.

●Making exceptions is permissible with confessions

○if it’s connected with it.¹⁵⁶

●And confessions are valid whether someone is healthy or sick.

●Anything that is possible

○to benefit from

○without being consumed

■is permissible to lend

●if its benefits are lasting effects.

●And the lending is permissible

○without a [time] limit

○or for a specified time¹⁵⁷.

●And it’s guaranteed by the borrower

○at its worth

○the day of its destruction.

●Whoever took someone’s possession wrongfully then they must:

○return it

○With the difference of its worth if it was damaged

○and the rental price of something like it.

●And if it was destroyed, then he needs to pay it back

○with an equal replacement if possible

○or with its worth if there's no replacement,

■at the highest price it was worth

●from the time he took it until the time it was destroyed.

●The pre-emption right (shufʿah) is an obligatory right

○with mixed ownership

■-not neighboring-

○For property

■That can be split

●-not those things which cannot be separated-¹⁵⁹

■And in anything which cannot be relocated from land, such as houses and structures

○at the price that the purchase was made with.

●And it must be made immediately.

○And if he delayed it

○while he was able to take it,

■it is invalid.

●And if he married a woman giving her a piece of shared property as dowry (mahr),

○then the co-owner can take it for the price of an equal dowry (mahr).

●And if the co-owners are a group,

○then they deserve it according to the percentage owned by each.

There are four conditions for the investment (qirāḍ)¹⁶⁰:

1. That it is in a minted currency from dirham or dinar

2. And that the owner of the money gives permission for the worker

a.to use the money without restrictions,

b.or with something that does not become unavailable normally.

3. And making a condition that he gets a specific, known percentage of the profit

4. And that there is no time limit set

●There is no liability on the worker

○except in the event of transgression on his part

●And if there was profit and then loss, the loss is compensated for with the profit.

●Musāqāh¹⁶¹ is permissible for date palms and grapevines.¹⁶²

●And it has two conditions

1. The first of them is a specified, known time

2. and the second is for him to specify for the worker a known percentage of the yield.

● There are two types of work

1. work in which the benefit goes back to the produce:

■This is upon the worker

2. And work in which the benefit goes back to the land:

■This is upon the owner of the property.

●Anything that is possible

○to benefit from

○without being consumed

■is valid to rent

●If its benefit has been specified in one of two ways:

○an allotted time

○or job.

●If the time of payment for the rental (ijārah) is not specified,

○then it should be paid for upfront,

■unless delaying it is made a condition.

●The rental contract (ijārah) is not nullified by the death of one of the two contractual parties.

● It is nullified by the destruction of the specific rented thing.

● and there is no liability upon the renter

○except with transgression on his part.

●Reward (juʿālah) is permissible.

○And it is to give a known reward for returning his lost item.

●So if he returns it, he deserves that specified reward.

●If a landowner gives land to a person to cultivate and stipulates a known share of its produce for that person,

○this is impermissible.¹⁶³

●But if he were to rent it to him

○ with gold or silver

○or a specified amount of produce in his credit,

■then this would be permissible.

●Reviving the wastelands (iḥyāʾ al-mawāt) is permissible with two conditions:

○ the person doing it is Muslim¹⁶⁴

○ and the land is free, i.e., that no other Muslim has ever owned it

●And the characteristics of reviving the wastelands (iḥyāʾ) are what is normally considered

○an establishment/building

○for something of that purpose.

●One is obligated to give water if three conditions are met

○He has more than he needs,

○That someone else needs it for:

■himself

■or his animals

○And that the water comes from something which is a rejuvenating source such as a well or spring.

●Endowment (waqf) is permissible/valid with three conditions:

1. That it is from something which is benefited from while lasting in essence

2. that it is for

○an existing initial beneficiary

○and a succession of beneficiaries that does not come to an end¹⁶⁵

3. and that it is not something prohibited

●And it is as the giver (wāqif) stipulated with regard to

○who comes first or last

○and equality or favoritism

●Anything that is permissible to sell is also permissible to give.

●The giving does not become binding unless it is taken into possession

●And if the gift is taken by the one it is given to,

○then it is not permissible for the giver to take it back

■unless it's from a parent.

●And if someone does iʿmār¹⁶⁶ or irqāb¹⁶⁷

○Then that thing is for the person and his heirs who it was given to in this fashion¹⁶⁸.

●If someone finds a lost item in a wasteland or a pathway, then he can either

○take it

○or leave it.

■and taking it is better than leaving it,

●if this person trusts himself with it.

●And if he takes it then he needs to know six things about it:

1. The type of case

2. Its cover

3. its fastener cord

4. the type of currency

5. the amount

6. and its weight

●And he must protect it in a safe place that something like it would normally be protected in.

●Then if he wishes to take ownership of it he must declare it for a year

○on the doors of mosques (masājid)

○and in the place that he found it

■and if he doesn't find its owner

●then it's permissible for him to take it into possession

○with the condition of liability¹⁶⁹.

There are four types of lost things

1. The first of which is what lasts for a long time: then that¹⁷⁰ is its ruling

2. The second is that which doesn't last—such as fresh food—so in this case he is given the choice between

a.eating it and paying its worth

b.and selling it and saving its price

3. The third type is that which lasts with a storage process—such as fresh dates—so he does what is best between

a. selling it and saving its price

b. or drying it and saving it

4. The fourth type is that which needs to be taken care of—such as animals—and they are of two types:

a.An animal which cannot defend itself so he is given the option of:

1. eating it and paying its price

2. leaving it alive and taking care of it charitably¹⁷¹

3. or selling it and saving its price

b.And an animal that can defend itself:

1. so if he finds it in the desert he leaves it

2. and if he finds it inside of a town or city then he can do one of the three things previously mentioned.

●If there is a child that is found without any parents/foundling (laqīṭ) in the middle of a road, then

○taking him,

○rearing him,

○and putting him into foster care

■is a communal obligation.

●He is not allowed to be taken into custody except by someone who is trustworthy.

●If there is money that is found with him, then the ruler will use it to cover his expenses.

●And if there is no money with him, then his expenses (nafaqah) come from the public treasury (bayt al-māl).

●The object for safekeeping (wadīʿah) is a responsibility.

●And it is mustaḥabb to accept it

○for the one who is able to care for it responsibly.

●And he is not held liable

○unless he is negligent/transgressive.

●The word of the entrusted person (al-mūdaʿ) is accepted regarding him returning it to the entrustor (al-mūdiʿ).

●He must protect it in a place that something like this would normally be protected.

●If he is requested to return it

○and delays in returning it

○while he is able to do so,

○until it was destroyed

■then he would be held liable.

The male inheritors are ten:

1. the son,

2. the son’s son and all the way down¹⁷²,

3. the father,

4. the grandfather and all the way up¹⁷³,

5. the brother,

6. the brother’s son and as far as that line goes¹⁷⁴,

7. the paternal uncle,

8. the paternal uncle’s son (and as far out as that line goes¹⁷⁵),

9. the husband,

10. and the person who set that person free (mawlā).

The female inheritors are seven:

1. the daughter,

2. the son’s daughter,

3. the mother,

4. the grandmother, all the way up¹⁷⁶

5. the sister,

6. the wife,

7. and the mawlah (the one who set that person free).

The ones who are never left out in any circumstance are five:

1. the husband,

2. the wife,

3. the father,

4. the mother,

5. and the immediate children.

And those who never inherit, in any case, are seven:

1. the slave,

2. the slave who is promised freedom upon the master’s death (mudabbar),

3. a slave woman who bore a child to the master (umm al-walad),

4. the slave who has an agreement to pay for his freedom (mukātab),

5. the killer [of that person],

6. an apostate,

7. and people of two different religions.

The closest of the male-related relatives/agnates (ʿaṣabāt) are:

●the son,

●then the son’s son,

●then the father,

●then his father,

●then the full-blooded brother,

●then the paternal half-blooded brother,

●Then the son of the full-blooded brother

●Then the son of the paternal half-blooded brother

●then the paternal uncle in this order,

●and then his son.

And if none of these are found,

●then the person who set him free (mawlā),

The fixed portions (furūḍ) mentioned in the Book of Allah Ta’ala are six:

1. half,

2. one-fourth,

3. one-eighth,

4. two-thirds,

5. one-third,

6. and one-sixth.

So, as for the half, this is the portion of five:

1. the daughter,

2. the son’s daughter

○-if she is alone-,

3. the full-blooded sister,

4. The paternal half-blooded sister,

5. and the husband

○-if she doesn’t have any

■children

■or grandchildren from her son-.

So, as for the fourth, this is the portion of two.

1. The husband, with:

a.Her child

b.or her son’s child.

2. And it is for the wife, or [Split between] all of the wives, without:

a.any children from him

b.or the son’s child

So, as for the eighth, this is the portion of the wife, or all of the wives, if he has:

1. a child

1. or a son’s child.

And the two-thirds are the portion of four:

1. two daughters [or more],

2. Two daughters [or more] of a son,

3. two full-blooded sisters,

4. and two paternal half-blooded sisters.

And the third is the portion of two:

1. the mother, if she is not prevented¹⁷⁷,

2. and for two or more maternal half-siblings- brothers or sisters.

And the sixth is the portion of seven:

1. the mother,

a.if there is a child present,

b.or a son’s child,

c.or two or more siblings.

2. It is for the grandmother

a.when the mother isn’t present,

3. for the daughter of a son

a.in the presence of an immediate daughter.

4. for the paternal half-blooded sister

a.with a full-blooded sister present.

5. And it is the portion of the father if there is:

a.a child present

b.or a son’s child.

6. And it is the portion of the grandfather

a.if there is no father present.

7. And it is for one maternal half-blooded sibling by himself.

The grandmothers are prevented by a mother, and the grandfathers¹⁷⁸ by a father.

And a maternal half-blooded sibling is prevented if there are [any one of] four:

1. a child,

2. the son’s child,

3. the father,

4. or the grandfather

A full-blooded brother is prevented in the presence of three:

1. the son,

2. the son’s son¹⁷⁹,

3. and the father.

And a half-blooded paternal brother is prevented in the presence of

1. those three

1. and a full-blooded brother.

And four take what remains—twice as much as their sisters:

1. the son,

2. the son’s son,

3. the full-blooded brother,

4. and the paternal half-blooded brother.

And four inherit without their sisters:

1. the paternal uncles,

2. the paternal uncles’ sons,

3. the brothers’ sons,

4. and the agnates (ʿaṣabāt) of the person who freed them (mawlā).

●It is permissible to give a will (waṣiyyah) with

○something known or unknown¹⁸⁰,

○and with something existing or non-existent¹⁸¹.

●And it is from one-third of what he leaves.

●If it goes above one-third,

○it will be suspended upon the permission of the heirs.

●And it is not permissible to give a will (waṣiyyah) to an heir,

○unless the rest of the heirs allow it.

●And the will (waṣiyyah) is permissible from someone who is

○an owner

○that is mature

○and sane

■to someone who is

●able to own,

●and in the way of Allah.

●And it is valid to appoint someone as a trustee or executor (waṣī) for someone who has met five conditions:

1. Islam,

2. bulūgh¹⁸²,

3. sanity,

4. freedom,

5. and trustworthiness.

●Nikāḥ is mustaḥabb for the one who needs it¹⁸³.

●It's permissible for a free person to marry up to four free women at a time, and for a slave to marry up to two.

●A free man doesn't marry a slave woman except under two conditions:

a.not having the dowry (mahr) for a free woman,

b.and fearing falling into fornication (ʿanat).

●For a man¹⁸⁴ to look at a woman, there are seven situations:

1. Looking at a non-maḥram woman (ajnabiyyah) without a need, which is impermissible (ḥarām).

2. Looking at his

a.wife

b.or his female slave,

1. which is permissible for him to look at anything except the private part¹⁸⁵.

3. Looking at those who are

a.his maḥram

b.or his married¹⁸⁶ female slave,

1. this is permissible for him to look at anything except what is between the belly button and the knees.

4. Looking for the purpose of marriage, then it’s permissible to look at the face and the hands.

5. Looking for the purpose of medical treatment, it’s permissible to look at the places that are needed.

6. Looking for the purpose of giving testimony or conducting transactions, it’s permissible, but he may look at the face only.

7. Looking at a female slave for the purpose of purchasing is permissible, allowing him to look at the places he needs to¹⁸⁷.

●The marriage contract is not acceptable except with

○a walī

○and two trustworthy witnesses.

●The walī and two witnesses must meet six conditions.

1. Islam,

2. coming of age,

3. sanity,

4. freedom,

5. being of the male gender,

6. and trustworthiness (ʿadālah).

■Except that the marriage of a dhimmiyyah¹⁸⁸ doesn't require the walī to be Muslim,

■and the marriage of a female slave doesn't require her master to be trustworthy.

●The first of those to be her walī are:

○the father,

○then the grandfather from her father's side,

○then her full-blooded brother,

○then her paternal half-brother,

○then her nephew from a full-blooded brother,

○then her nephew from a paternal half-brother,

○then her paternal uncle,

○and then his son, in that order.

○If there are no agnates (ʿaṣabāt)¹⁸⁹, then the person who freed her (mawlā),

○followed by his agnates (ʿaṣabāt),

○and then the ruler.

●It's not permissible to clearly express interest in marriage to a woman who is in her waiting period,

○but it is permissible to hint¹⁹⁰ at it to her¹⁹¹

○And marry her after her waiting period has ended.

●There are two types of women: non-virgins and virgins.

○As for the virgin,

■it is permissible for

●her father

●or grandfather

○to marry her off without seeking her permission¹⁹².

○As for the non-virgin,

■it is not permissible for her to be married off except

●after she has come of age

●and given her permission.

The ones who are prohibited to marry (muḥarramāt) by textual evidence are 14. Seven of them are from family relations:

1. The mother, and all the way up (i.e., grandmothers).

2. The daughter, and all the way down (i.e., granddaughters).

3. The sister.

4. The maternal aunt (khālah).

5. The paternal aunt (ʿammah).

6. The brother’s daughter

7. The sister’s daughter

Then there are two¹⁹³ prohibited by means of breastfeeding relations (raḍāʿah), and they are:

8. The nursing mother (umm al-raḍāʿah).

9. The sister by means of nursing (ukht al-raḍāʿah).

Then there are four prohibited by means of marital relations/in-laws (muṣāharah), and they are:

10. The mother-in-law

11. The step-daughter (rabībah)

○if he has consummated the marriage with the mother.

12. The father’s wife.

13. His son’s wife.

There is one prohibited by combination, and she is:

14. The wife’s sister,

●And there is no combining between a woman and her paternal or maternal aunt.

And the ones who are made impermissible through lineage are also made impermissible through nursing (raḍāʿah)¹⁹⁴.

And the woman is returned¹⁹⁵ by five defects:

1. Insanity (junūn).

2. Leprosy (judhām)¹⁹⁶.

3. A certain type of repulsive skin disease (baraṣ).

4. The private part being completely sealed over with skin (rataq).

5. A similar condition, except with bone (qaran).

And the man is returned¹⁹⁷ with five defects:

1. Insanity (junūn).

2. Leprosy (judhām).¹⁹⁸

3. A certain type of skin disease (baraṣ).

4. Having the penis completely cut off (jabb).

5. Impotency (ʿunnah).¹⁹⁹

●It is mustaḥabb²⁰⁰ to mention the dowry (mahr) during the marriage contract.

●If he doesn’t mention it

○then the contract is still valid²⁰¹.

●The dowry (mahr) becomes obligatory through three things:

1. For the husband to stipulate it for himself.

2. For the ruler to stipulate it.

3. For him to consummate the marriage,

■which then obligates the similar dowry (mahr al-mithl)²⁰².

●There is no minimum or maximum limit to the dowry (mahr).²⁰³

●And it is permissible for him to marry in exchange for a known benefit.²⁰⁴

●Half of the dowry (mahr) is dropped

○if he divorces her before consummation.

●The wedding feast (walīmah) is preferred (mustaḥabbah) for the groom,

●and answering the call to it is obligatory (wājib)

○unless there is a valid excuse²⁰⁵.

●Being equal in dividing the days between the wives is obligatory.

●The husband should not visit the wife whose turn it is not unless he has a need.

●If he wants to travel,

○he casts lots (qurʿah) between them,

○and travels with the one whose name is drawn.

●If he marries a new wife, he gives her an exclusive period of:

○seven nights²⁰⁶ if she is a virgin (bikr),

○and three if she is previously married (thayyib).

●And if the wife’s rebellion (nushūz)²⁰⁷ becomes clear, then

○he reprimands her.

○If she continues to refuse and rebel,

■then he stops sleeping with her.

○If she persists,

■he may hit her²⁰⁸.

●And her rights to division of time (qasm) and maintenance (nafaqah) are forfeited with her rebellion.

●Divorce by compensation (khulʿ) is permissible with a known compensation²⁰⁹,

●and the woman is freed from the marriage with it.

●There is no returning (rajʿah) for the husband—except with a new marriage contract²¹⁰.

●The divorce by compensation (khulʿ) is permissible during her period of purity or menstruation.

●The mukhālaʿah [woman who has had khulʿ] is not affected by an additional ṭalāq after this.²¹¹

Divorce (ṭalāq) is of two types:

1. clear-cut (ṣarīḥ) and

2. indirect (kināyah).

1. As for clear-cut (ṣarīḥ), there are three words for it:

a.ṭalāq,

b.separating (firāq),

c.and leaving (sarāḥ)²¹².

●The clear-cut (ṣarīḥ) type of divorce does not require intention (niyyah).

2. Indirect wording (kināyah) is every word or phrase that carries the meaning of divorce (ṭalāq) and something other than it.

○This type requires intention (niyyah).

And when it comes to divorce (ṭalāq), women are of two types.

●One type is where their divorce (ṭalāq) would be either

○[in accordance with the] Sunnah²¹³ or

○bidʿah [ḥarām].

■These are the women who have menstrual cycles.

● As for the sunnah one, it would be for the divorce (ṭalāq) to happen during:

○a period of purity

○in which no intercourse occurred.

●As for the bidʿah one, it would be for the divorce (ṭalāq) to happen

○during menstruation

○or in a time of purity in which he had intercourse with her.

The other type is where there is no sunnah or bidʿah in their divorce (ṭalāq), and there are four²¹⁴ types of these women:

1. A young girl [who does not menstruate].

2. A woman who has reached menopause.

3. The pregnant woman (ḥāmil).

4. The mukhālaʿah [woman who has had khulʿ]

5. […] the one without consummation.

●A free man possesses

○three instances of divorce (ṭalāq),

●and a slave possesses

○two.

●An exception²¹⁵ in divorce (ṭalāq) is acceptable if it is connected with the pronouncement.

●It is also acceptable to make divorce (ṭalāq) contingent on something happening or based on a certain condition.

●However, divorce (ṭalāq) does not occur before marriage (nikāḥ).

There are four people whose divorce (ṭalāq) is invalid:

1. The boy who has not reached accountability (bulūgh)

2. The insane person (majnūn)

3. One who is sleeping

4. One who is coerced (mukrah)

There are four conditions for returning the wife (rajʿah):

1. The divorce number is less than three.

2. It occurs after consummation with her.

3. The divorce is not by compensation.

4. It is completed before the end of the waiting period (ʿiddah).

●If a free man divorces his wife once or twice,

○he is allowed to bring her back²¹⁷

■as long as she has not completed her waiting period (ʿiddah).

●If her waiting period (ʿiddah) ended, he can only remarry her

○with a new marriage contract,

○and she will remain with him based on the number of divorces (ṭalāq) from before.

If he divorces her three times, she is not permissible for him unless five conditions are met:

1. Her waiting period (ʿiddah) is completed from him,

2. She marries someone else,

3. The new husband consummates the marriage with her,

4. She is then completely separated from the new husband,

5. And her waiting period (ʿiddah) is finished from the new husband.

●If someone swears that he will not have intercourse with his wife

○at all,

○or for a time longer than four months,

■he is considered mūlī²¹⁸

●He would be given—if she requested it—a period of four months

●After this period, he would have to choose between:

○returning to her and breaking the vow, along with fulfilling the expiation (kaffārah) for breaking it,

○Or divorce.

●If he refused to make a choice, the judge would proceed with the divorce on his behalf.

Ẓihār is for a man to say to his wife, “You are to me like my mother’s back.”

●And if he says this to her and he doesn't follow it up with divorce, then

○he becomes ʿāʾid (returning) back to her.

○And he must make the expiation (kaffārah).

The expiation (kaffārah) is:

●Freeing a believing slave that is free from any deficiencies that would take away from its work or ability to make money.

●If he doesn't have/find one,

○then he must fast two months without any break.

●If he's not able to fast,

○then he must feed sixty poor people.

■And for each poor person, a measure of food (mudd²¹⁹).

And it is not permissible for him to have intercourse with her until he makes the expiation (kaffārah).

If a man accuses his wife of zinā (adultery), then he is subject to the ḥadd (punishment) of qadhf (slander),

●unless

○he establishes the evidence (bayyinah),

○or he performs liʿān.

For the liʿān, he must say

●in the presence of the judge (ḥākim),

●in the major masjid,

●at the pulpit (minbar),

●and in the presence of a group of people:

(Ashhadu billāhi annī lamina al-ṣādiqīn fīmā ramaytu bihi zawjatī —fulāna— min al-zinā

wa inna hādhā al-walad min al-zinā wa laysa minnī)

“I bear witness by Allah that I am of those speaking the truth in what I have accused my wife, —so-and-so—, of zinā,

and that this child is from zinā and is not from me.”