General Rules of Jurisprudence Lesson 3

1. General Rules of JurisprudenceLesson 3 قاعدة الفراغ و التجاوز Rule of End and Exceed The rule The source Explanation of Hadeeth Confusion; one or two rules Entering the next part Few implementations.

2. Rule of End and Exceed • Rule of End or FARAGH: If a person finishes an obligatory act or a part and then after finishing it he doubts that did he perform it correctly or not, the rule considers it correct. • Rule of Exceed or TAJAWOZ: If a person doubts in performing an act or a part of Salaat or Wodho or any other compound obligation and he exceeds that point where he was supposed to perform such obligatory part , then the rule considers that it has been performed and ignores such doubt.

3. The source of the rule: كصحيحة زرارة:قلت لأبي عبدالله (ع): رجل شك في الاذان و قد دخل في الاقامة، قال: «يمضي‏» قلت: رجل شك في الاذان و الاقامة و قد كبر، قال: «يمضي‏» قلت: رجل شك في التكبير و قد قرا، قال: «يمضي‏» قلت: شك في القراءة و قد ركع، قال: «يمضي‏» قلت: شك في الركوع و قد سجد، قال: «يمضي على صلاته‏» ثم قال: «يا زرارة اذا خرجت من شي‏ء ثم دخلت في غيره فشكك ليس بشي‏ء» (4) . 3)، الوسائل 8: 237 ابواب الخلل ب 23 ح 1. The correct Hadeeth (SAHEEHAH) of ZORARAH: I asked Abe Abeabdillah (S) [Imam Al Sadiq (AS)]: A man doubts in Adhan and he is in EQAMA, He Said: continue (carry on), I asked: some one doubts in his ADHAN and EQAMA and he has done the TAKBEER of start, he said: continue, I asked : If some one doubts in the TAKBEER and he has is in his QIRAA (recitation) , he said: continue, I asked: some one doubts in his recitation and he has gone in his RUKOO, he said: continue. I asked that if a person doubts in his RUKOO (bowing) and he has gone into the SUJOOD (prostration), he said: continue in his Salaat, and then he said: O ZORARAH, if you exit a part and enter another, after that you doubt (in the previous part) then your doubt is ignorable.

4. Other narrations: • و صحيحة أسماعيل ابن جابرفقد روى عن أبي جعفر (ع) ما نصه: «ان شك في الركوع بعد ما سجد فليمض، و ان شك في السجود بعد ما قام فليمض، كل شي‏ء شك فيه مما قد جاوزه و دخل في غيره فليمض عليه‏» (6) .الوسائل 6: 317 ابواب الركوع ب 13 ح 4 • SAHEEHAH (correct Hadeeth of Esmaeel son of Jabir, he narrates from ABE JAFER (AS) this text: If a person doubts in performing his Rukoo after he goes into his Sujood, then he should continue, and if he doubts in performing his Sujood after he has stood, then he should continue, every thing (general rule) a person doubts in its performance, if he has surpassed or exceeded its point and have entered into another act, then he should continue. • و موثقة محمدبن مسلم, عن أبي جعفر (ع)قال: «كل ما شككت فيه مما قد مضى فامضه كما هو» (5) • Every thing you doubt in it, which has passed away, then continue as it is. • صحيحة محمد بن مسلم ، عن أبي جعفر ( عليه السلام ) قال : كلما شككت فيه بعدما تفرغ من صلاتك فامض ولا تعد • What ever thing you doubt in it after you have ended your salaat, continue and do not repeat. 5) الوسائل 8: 237 ابواب الخلل ب 23 ح 3.

5. Confusion: • Are these two rules or one rule with double title?? • Some scholars considered it as two separate rules, some considered it one rule with two aspects, that means it doesn’t matter if a person performs an act incorrectly or doesn’t perform it, because performing an act incorrectly is as not performing it. (we will explain it later) • There are several differences between the great scholars in understanding or portraying these two rules or the two branches of this rule, and the difference between them the end results of implementing them.

6. The difference in understanding the Hadeeth: Two group of the scholars: • Group A: • The doubt is in the inaccuracy of the WHOLE (complete) SALAAT after the END (FARAGH) of the SALAAT. • The doubt in performing an act after entering another act and exceeding the point of previous act. (TAJAWOZ) Group B: ALKHOEI: • The doubt is in the inaccuracy of a previous act after finishing that act (FARAGH) not necessary the whole SALAAT. (here there is knowledge of performing previous act, but no knowledge about the accuracy.) • The doubt is in performing an act after entering another act. (Here there is no knowledge of performing previous act)

7. Two or one rule: Three opinions • Sh. ANSARI: These two separate rules have one purpose to perform a correct or accurate act. So if it is not performed or is not performed accurately is basically a doubt in the existence of one correct act. (existence+ correct), so these are two separate rules. • Mirza Naeenei: The rule is one which is FARAGH or end of the complete or whole worship not parts of it, this is understood from the language of the hadeeth, (if you finished the whole complete act and doubt in the accuracy of some part ), it is all about FARAGH or completion of an act which a person doubts in its accuracy. ( This rule has exceptional case in the chapter of salaat due to the Hadeeth of ZORARAH, but other than salaat it can not be taken for doubts before completing the whole act or worship, such as WODHO.

8. 3- S. ALKHOEI: • He understands from the language of the HADEETH that there is only one rule and it is the rule of TAJAWOZ or exceed or surpass. SO if you doubt in the performing or existence of a part from the parts of the worship and you have surpassed it, then you can ignore the doubt. • Not performing it or performing with inaccuracy is same, so the rule of the doubt in an inaccuracy of an act after finishing it, is as same as the doubt in performing it, and this doubt is after entering another part of the worship.

9. Conclusion: • Ansari :They both are one with Two separate implementations. (two in one) • Naeeni: One rule the Primary is FARAGH or rule of end or finish. Tajawoz is exceptional. • Alkhoei: One rule and the Primary is TAJAWOZ or rule of exceed or surpass. Faragh is derived. (These are technical arguments, the bottom line is that: FARAAGH or END is when there is a doubt in the accuracy or error, with the knowledge of the existence of the act. TAJAWOZ or EXCEED is when there is the doubt in the existence of an act after surpassing the point of that act.

10. Are both rules specific for Salaat and Wodho? The salaat and the Wodho was used as an example in the hadeeth, the Infallible (AS) in several narrations concluded with a general rule: What ever doubt you have….) the word in Arabic KOL LAMA SHAKAKTA .., so it includes Haj , it also includes the MOAMALAAT or trade and transaction exchanges also, not just the acts of worships.

11. The ODD case in the rule of FARAGH or END: • The WODHO is an exceptional case, so if a person doubts in the accuracy of the previous part of the WODHO, and is in the next part of it, we cannot say carry on like the rule of TAJAWOZ in WODHO, no here we will tell him to repeat the previous doubtful part even if you have moved to the next part. Yes after the completion of the WHOLE WODHO if a person doubts then he can carry on and ignore the doubt.