General Rules of Jurisprudence Lesson 40

1. General Rules of JurisprudenceLesson 40 قاعدة التقية Part Three The rule of TAQIYAH (prevention) Individual responsibility Personal and Individual responsibility A person can pretend to be KAFIR Effects of TAQIYAH the acts or worship The worships of non Muslim The TAQIYAH in subjects or things Does TAQIYAH requires the ability to escape? Reference: http://www.makaremshirazi.org/books/arabic/GHAVAEDFEQH1/24.html

2. Personal and Individual responsibility • If there is no indication from a religious authority prohibiting specific prohibition or a general prohibition from using the TQIYAH, then it is left on each individual specifically, it becomes an individual responsibility, where a person decides whether it is obligatory on him to practice or is permitted (recommended , abhorred or specific permissibility, every one knows his limit and capacity of tolerance, and the harm which might reach him. “The TQIYAH is in every necessity and the one who uses it knows when it is (obligated) upon him” It depends on the time, place and circumstances of each individual. • ما رواه الكليني عن زرارة عن أبي جعفر (ع) قال: (التّقيّة في كلّ ضرورة، و صاحبها أعلم بها حين تنزل به)

3. A person can pretend to be KAFIR • Prophet Ibrahim (AS) pretended he is worshipping the star, moon and the Sun. • Abo Talib (AS) pretended that he is not a Muslim, but never worshipped idols. • AMMAR:أنّ أبويه لم يُظهرا كلمة الكفر فقُتلا، و أنّ عمّاراً أظهر و نجى، ثمّ أتى رسولَ اللّه (ص) باكياً، فقال جمع من الصّحابة: كفر عمّار، ولكن جعل رسولُ اللّه (ص) يمسح عينيه و يقول له: إن عادوا لك فُعُدْ لهم بما قلت، فنزلت الآية : if they repeat you also repeat • مَن كَفَرَ بِاللّهِ مِن بَعْدِ إيمَانِهِ إِلاَّ مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالإِيمَانِ وَلَـكِن مَّن شَرَحَ بِالْكُفْرِ صَدْرًا فَعَلَيْهِمْ غَضَبٌ مِّنَ اللّهِ وَلَهُمْ عَذَابٌ عَظِيمٌ {106} • [Shakir 16:106] He who disbelieves in Allah after his having believed, not he who is compelled while his heart is at rest on account of faith, but he who opens (his) breast to disbelief-- on these is the wrath of Allah, and they shall have a grievous chastisement.

4. Effects of TAQIYAH the acts or worship • If a person violates in his obligator duties, purposely then there are two things associated: • Committing a sin • Invalidation of his act of worship • There is no doubt that due to the TAQIYAH the title of sin will be removed from such person. • But the acts of worships depends; is the act or worship correct even though there are defects in it? Or is it completely incorrect and a person needs to make it up when ever he is out from the circumstances of TAQIYAH? • The answer is not absolute, some defects are accepted and does not affect the validity, and some cause the invalidation of the worship. • The primary rule indicates based on the general narrations, that if a defect happens in the obligatory parts or the conditions of a worship, then the worship needs a make up or QADHA, because it becomes invalid, unless if there was a secondary evidence which over rules the primary one, and indicates the validity of such defected act of worship.

5. Opinion of Sh. ALANSARI: • The criteria of the validity of the defected act of worship due to the TAQIYAH is the evidences of the obligatory parts and the conditions of the worship: • Is such evidences indicate the absoluteness of such parts and conditions, regardless of the circumstances, then the defected worship due to the TAQIYAH is not correct, and needs a make up (QADHAA). Such as problem in WODHO or the time of MAHGRIB, ARAFAT on 8th. • And if such evidences indicate that the parts or conditions (missed because of TAQIYAH), are necessary if possible, or on the ability, then if because of the inability to perform such acts due to TAQIYAH, does not invalidate the defected worship. Such as praying on the carpet, and putting hand on hand. Sh. Nasir Makarim: The evidence of the permissibility of TAQIYAH is absolute, and does not indicate any necessity or requirement to make up (QADHA) of the defected worship, the evidence of TAQIYAH overrules the evidence of the obligatory parts and the conditions. It is as same as a person who cannot perform salaat by standing is permitted by sitting, or the direction of the KABA.

6. The unity and salaat behind a nonshia • There is no doubt that for the sake of the fear or danger it is permitted to offer salaat behind them, but it is permitted in order to bridge the gaps and create a unity of Muslim society? • Yes indeed, it is permitted, and there are narrations recommending such act. • But should it be recited as a real congregational prayer or just pretended congregational prayer. • The scholars who mentioned pretended, they consider the conditions of congregational prayers such as just Imam, specifying the narrations of SALAAT behind them TAQIYAH, so combining evidence of offering salaat behind them, and the evidence of Imam being just, leads to pretending offering Salaat with their congregation. • Sh. NASIR: The evidence of offering salaat with them are absolute, and overrules the evidence indicating the Just Imam. So a person can offer as a real congregation prayer.

7. The worships of non Muslim • Is the TAQIYAH in worship just with the SUNNI Muslim or it is permitted with the non Muslims? From the story of Prophet Ibraheem (AS), the believer from the family of Pharaoh, people of KAHF or cave who used to attend the celebrations and ceremonies of their people, and the story of AMMAR, it all indicates that the TAQIYAH includes performing the worship of the non Muslims, due to the first type of TAQIYAH which is based on the severe danger.

8. The TAQIYAH in subjects or things • There is no doubt that TAQIYAH is valid in the acts of worship, but is it also valid in subjects which activates the worships or the actions, such as moon sighting, if the moon was declared by the non SHIA, can a person follow that declaration and consider EID or 9th ZIL HAJ, or not? • The subjects are two types: • Specified by the religious legislator, such as specifying the MAGHRIB sunset, whether is it by the disappearance of the sun from the horizon or is it by the disappearance of the eastern redness in the sky. Here there is no doubt that the TAQIYAH is valid. • The debate happened in this type, where the subject was natural and exists externally, such as the moon and its sighting. Sh. Nasir suppport the validity of the worship due to TAQIYAH, others obligate QADHA and insufficiency of the worship in this type of TAQIYAH.

9. Does TAQIYAH requires the ability to escape? • If a person was able to avoid the time, place and the circumstances of TAQIYAH, should a person do, or it is not required for him to escape the time, place, or the circumstances in order to perform him worship without defect? There are four opinion: • Not required absolutely, as the opinion of both martyrs (the first and the second) • Yes it is required absolutely, such is related to the author of MADARIK. • Detail in some issues which are conditions and pillars of the worship, such as QIBLA, WODHO, and the 9th ZILHAJ, yes the inability to escape the circumstances of TAQIAYH is required, and if it was such as praying behind them, on the carpet, the ability to escape in order to practice the TAQIYAH is not required.

10. 4th opinion Sh. ANSARI: • The opinion of Sh. ALANSARI is detailed into three situations: • If a person is able to perform his correct actions secretly without any defect then he needs to do so, and the ability to escape is required. Such as reciting the SURAH behind the non SHIA congregational Imam. So if he was able to perform his act correct in such circumstances, then he cannot perform TAQIYAH and he must recite his sura, or repeat it later. • The necessity was time related action such as SALAAT, if he was able to perform it correctly later, and defective if prayed on time, then he can pray on time defective (as long as the defect is not such serious such as WODHO), then he can perform TAQIYAH and offer it. • The necessity was place related: such as being in the mosque of the Prophet (S), where escaping is not feasible at that place, but he can escape in other places, but here also he can perform TAQIYAH and does not require to escape.

11. Sh. Nasir Makarim: Two types • In the opinion of Sh. Nasir there are two types of TAQIYAH based on the two types of circumstances: • The TAQIYAH of fear and the danger, there is no doubt that here the escape is not required, and in this case any type of defect is absolutely accepted and the worship with such defect is sufficient, even if he was able to escape from the time and the place or the circumstances of TAQIYAH. • In the TAQIYAH of bridging the GAP, he supports the opinion of SH. ANSARI in being able to perform the correct act secretly. Note: Should the fear be SHAKHSI or NOWEE in the permissibility of TAQIYAH? Both is sufficient for the permissibility of the TAQIYAH. Even if there was no personal fear, the fear in general is enough to practice TAQIYAH. The TAQIYAH is supported by the lifestyle of the intellectuals.

12. Review practice:Make a table of all the rules we have studied: TABLE: