The Rules Of Fasting

Rule 184

There is no harm in a person observing Mustahab fasts, if he has been hired to observe the Qadha fasts of the deceased, or if he has an obligation to make up fasts as a Kaffarah. However, if a person has his own Qadha of fasts, then he cannot observe Mustahab fasts.

If he forgets this and observes a Mustahab fast and remembers before Ẓuhr, then his Mustahab fast will be void but he can change his intention to become a Qadha fast, and if he realized the situation after Ẓuhr, then his fast becomes void as a precaution, and if he remembers after Maghrib, then the validity of his fast is a matter of doubt.

Rule 185

A person who has touched a dead body (i.e. has brought any part of his own body in contact with it) can observe a fast without having to do Ghusl for touching a dead body, and the fast does not become void even if one touches a dead body during the fast.

Miscellaneous Rulings

Rule 186

If a person inherits some property and one knows that the person from whom he has inherited it did not pay Khums on it, then he (the heir) must pay its Khums. If that property is itself not liable for Khums, but the heir knows that the person from who he has inherited, owed some Khums, then he must pay it from the deceased’s estate. However, in both cases, if the person from whom he inherits did not believe in Khums or never paid it, then it is not necessary for the heir to pay the Khums owed by the deceased.

Rule 187

If a merchant or one who works to earn a living fixes a time in the year for payment of Khums and makes a profit but dies during the same year, then the expenses till his death must be deducted from the profit, and Khums must be paid on the remaining balance.

The Rules Of Zakat

Rule 188

If a poor man dies and his property is not enough that it may liquidate his debt, then the creditor can adjust his claim against Zakat. Even if his property is sufficient to clear his debt but his heirs do not pay his debt, or the creditor cannot get back his money for any other reason, then he can adjust the debt against Zakat.

Rule 189

If a person owes Khums or Zakat and has an obligation of Hajj and is also indebted, and he dies, and his property is not sufficient for all these things, and if the property on which Khums and Zakat had become obligatory has not ceased to exist, then Khums or Zakat must be paid and the balance must be spent on repaying the debt. If the property on which Khums and Zakat became obligatory has ceased to exist then his property must be spent to pay back his debt and if anything remains then it must be spent on Hajj. If there is still excess, then it must be divided between Khums and Zakat.

Rule 190

If a person dies before sunset on the night of ‘Eid ul-Fitr, then it is not Wajib to pay his fitrah or that of his family from his estate. Nevertheless, if he dies after sunset, it is commonly held that fitrah will be obligatory, but it is still doubtful. However, it is better to act on precaution and pay his fitrah as well as that of his family.

The Rules Of Hajj

Rule 191

If a person did not perform Hajj in the year in which he could afford to go for Hajj and cannot perform Hajj now due to old age, an ailment, or weakness, and he does not have hope that in the future he will be able to perform Hajj, then he must send someone else to perform Hajj on his behalf.

In fact, even if he does not lose hope, then according to Ihtiyat Wajib, another person must be hired and if he becomes capable afterwards, the Hajj must be performed personally as well. Also, the same applies if a person capable of going to Hajj for the first time is prevented from performing Hajj due to old age, ailment or weakness, and loses hope of gaining strength. In all these cases according to Ihtiyat Mustahab, one should hire a male person someone who is going to Hajj for the first time.

The Rules Of Depositing A Trust

Rule 192

If the owner of a deposit dies, then the transaction is nullified; and if the deposit is transferable to the heirs without any liability, then the trustee must deliver the deposit to the heirs, or inform them about it. If he fails to do so without any justifiable excuse, then he will be responsible for its loss or damage. However, if he delays it to investigate whether the claimants are the right heirs or not, or whether there are other heirs besides them and he shows no negligence on his part in parting with the deposit or informing the heirs, then he will not be responsible for any loss or damage that may happen.

Rule 193

If the owner of the deposit dies and it devolves upon his heirs, the trustee of the deposit must give the property to all the heirs or to the person who has been authorized by all of them to receive the property. Hence, if he gives the entire property to one heir without the consent of others, then he will be responsible for the shares of the remaining heirs.

Rule 194

If the trustee of a deposit dies, or becomes permanently insane or unconscious, then his heir or guardian must inform the depositor of the property and deliver the property to him as soon as possible. But if insanity or unconsciousness is intermittent, then the deposit cannot be termed as void.

Rule 195

If the person with whom a property has been deposited observes in himself the signs of death approaching, then as a precaution, he should, if possible, deliver the deposit entrusted to him to its owner, guardian, agent or (at least) inform him. If it is not possible to do so, then he should make such an arrangement which would satisfy him that the deposit will reach its rightful owner after his death. For example, he should make a Will about it attested by witnesses and give the name of the depositor to the executor of his Will and to the witnesses, describing fully the nature of the deposit, and the place where it is kept.

Rule 196

If a person with whom a property has been deposited, sees in himself the signs of approaching death, and does not act according to his obligation as mentioned in the foregoing rule, and the property suffers loss or damage, then he will be responsible for the deposit and should make amends for it. But if he recovers from his illness or after some time repents and acts according to his obligations, then he will not remain responsible.

The Rules Of Lending

Rule 197

If the one who has lent something out dies, then the borrower must give it to the heirs, acting according to rule 192 in respect of the deposits.

Rule 198

Prayers offered in a property whose use and benefit belongs to someone else are void, unless permission is taken from the entitled person. For example, if a house has been rented out, and the owner of the house or anyone else offers prayers in that house without permission of the tenant, then according to Ihtiyat, his prayers are void. If a person made a will before his death that one-third of his estate should be used for a particular cause, then prayers cannot be offered in that property until that one-third has been dispensed with.

Rule 199

Use of a property which belongs to a dead person, who has not paid Zakat or other similar dues is allowed - provided that such a use does not in any way prevent from obligations. A person wishing to pray in such property can do so with the permission of the heirs. Similarly, there will be no objection if the debt is paid up or guaranteed for payment.

Rule 200

The rule for the use of a property belonging to a dead person who is indebted to people, is the same as the above-mentioned rule, pertaining to Zakat and other similar dues.

Rule 201

If a dead person did not owe anyone, but some of his heirs are either minor, insane or absent, then use of that property without permission of the guardian of those heirs is Haram, and it is not permissible to offer prayers in it either.

‘Iddah (Waiting Period) Of A Widow

Rule 202

If a woman is free and not pregnant, when her husband dies, the she must observe ‘Iddah (a waiting period) of four months and ten days. This means that she must not marry during this period, even if she has entered into menopause; or her husband had contracted a temporary marriage with her, even if he did not have sexual intercourse with her. If, however, she is pregnant, then she must observe the waiting period until the birth of the child. But if the child is born before the end of four months and ten days from the death of her husband, then she must wait until the expiry of that period1. This period is called the waiting period after death (‘Iddat ul-Wafat).

Rule 203

It is Haram for a woman who is observing the ‘Iddah of death to wear brightly coloured clothing, use Surma, or do any such act which is considered as being an adornment.

Rule 204

If a woman becomes certain that her husband has died and marries another man after the completion of the ‘Iddah of death, and later learns that her husband had actually died later, then she must separate herself from her second husband. In addition, according to Ihtiyat, if she is pregnant, then she must observe ‘Iddah of divorce for the second husband until she gives birth to her child, and should thereafter observe the ‘Iddah of death for the first husband. However, if she is not pregnant, then she must first observe ‘Iddah of death for her first husband and thereafter she must observe ‘Iddah of divorce for the second husband.

Rule 205

In the situation where the husband has disappeared or is absent, the ‘Iddah of death begins when the wife learns of his death, and not from the time when he actually died. But this rule does not apply to a woman who has not attained the age of maturity (according to Islam), or if she is insane.

Rule 206

If a woman says that her ‘Iddah is over, her word can be accepted unless she is known to be unreliable - in which case her word will not be accepted. For example, if she claims to have seen blood three times in the month, then her claim will not be accepted, unless her women relatives confirm that it is her habit.

Translation completed on 27th of Rabi’ al-Awal, 1420 A.H.

Birthday of the Noble Prophet of Islam, Muhammad Ibn ‘Abdullah (S)

In the holy city of Qum,

Islamic Republic of Iran

Saleem Bhimji

سليم بمجي

واخر دعوانا أن الحمد لله رب العالمين

ربنا تقبل منا إنك أنت السميع العليم

اللهم صل على محمد وعلى آل محمد وعجل فرجه

• 1. In other words, whichever one of these two duration is longer must be observed.