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Problem # 11 It is not obligatory to observe immediacy in compensation (for the (prayers left unoffered). It is extended to the whole life, as long as it is not considered to be due to negligence and laxity.
Problem # 12 A person having some excuse may delay compensation upto the time of the removal of the excuse, except when he knows that it will continue till the end of his life, or when he is afraid of sudden death due to the appearance of its signs.
Of course, if a person is not able to perform cleanness with water, then it is reasonable to resort to compensation by obtaining cleanness by dust (i.e. by performing Tayammum), even in case he hopes about the removal of the excuse, but it is not free from difficulty. It is, therefore, more cautious to delay it until he finds water.
Problem # 13 It is not obligatory to give preference to the precedent over the prayer due presently, and so it is permissible for a person who owes some compensatory prayer to offer the one presently due, though it is more cautious to prefer the compensatory one particularly when there is apprehension of the lapse of the day; rather, if he has already started the prayer presently due, it is approved to revert to the compensatory one if the time for reversion (of the intention, or Niyyat) has not already passed. Rather he should not give up the caution to observe the precedent one by not avoiding giving up reversion to the prayer left unoffered.
Problem # 14 According to the stronger opinion, it is permissible for a person who owes some compensatory prayer to offer the supererogatory prayers, in the same way as it is permissible for a person to offer the supererogatory before the obligatory prayer after the beginning of the due time for the obligatory prayer.
Problem # 15 It is permissible to offer the compensatory prayer with the Jamã’at irrespective of whether the Imam is offering a compensatory prayer or otherwise. Rather it is approved to do so. It is not obligatory that the prayer of the Imam and his follower should be of the same category.
Problem # 16 It is obligatory on the Wali, i.e., the eldest son (of the deceased) to offer the prayers left unoffered by his father due to sleep, forgetfulness or the like. In this respect, the mother is not governed by the same rule as the father, though it would be more cautious to do so. According to the stronger opinion, it makes no difference whether the failure to offer the prayer (by the father) was deliberate or otherwise. Of course, it is not far from not including the prayers the father has not offered due to insubordination to his Lord (i.e. Allah.), though it would be more cautious to include them too. Rather this caution must not be given up.
Apparently it is also obligatory on the eldest son to compensate for the invalid prayers offered by his father due to non-observance of their conditions. It is obligatory on the eldest son to compensate for his father’s own prayers left unoffered by him, but they do not include the prayers he was hired to offer, or those he owed as the Wali, or the eldest son of his own father. It is not obligatory on the daughters or on any one other than the eldest son from among the male descendants (to compensate for prayers owed by their deceased) father, nor is it obligatory on other close relatives including the mate relatives like the father, brother, paternal or maternal uncle, though according to the more cautious opinion, it would be obligatory on the males from among them to do so. In the event of the death of the eldest son, the obligation does not lie on his brothers younger to him in age. It is not a condition for the Wali (or the eldest son) to be adult and sane at the time of the death (of his father), so that it is obligatory on the minor eldest son after he attains puberty, and on the insane eldest son when he recovers from insanity. It is also not a condition that the eldest son should be a legal heir, so that it is obligatory on one who is legally restricted due to committing murder (of his own father), or infidelity (Kufr) or the like. If there are two eldest sons equal in age, they shall share the obligation equally. If a portion of the obligation is left, it shall be fulfilled as a collective liability.
It is not obligatory (on the eldest son) to fulfill the obligation personally. Rather, it is permissible for him to hire some one else for the purpose, and the person so hired shall have the intention (Niyyat) of offering the prayer on behalf of the deceased, and not the Wali (i.e. the eldest son). If the wali (of the eldest son) or someone else offers the prayer personally, he shall observe his own duties of ljtihãd or Taqlid in respect of the rules concerning doubts and errors, rather even in respect of the portions of the prayer and its conditions, and not the duties of the deceased as required by Ijtihâd and Taqlid, in the same way as he shall observe his own duties relating to the obligation of compensation itself when there is difference in their rules from the point of view of the ljtihãd and Taqlid of himself and the deceased.
As is the case with other types of worships, it is permissible to hire some one to offer prayers owed by the deceased with the intention of offering them on behalf of the deceased in the same way as it is permissible to offer the prayers owed by others voluntarily. The person offering the prayer on behalf of another, whether against payment or voluntarily, shall do so with the intention of doing it on behalf of the other person and in place of the act of the other in order to absolve him of its liability, seeking closeness to Allah and a reward to be bestowed on the other person.
It is also a condition that the person offering the prayer on behalf of another should have the intention (Niyyat) of seeking closeness of the other person to Allah and not his own closeness to Allãh. He shall not obtain closeness to Allah (by offering prayer on behalf of an other), except when he intends by seeking closeness of the deceased to Allah to have done a noble deed and thereby obtain closeness to Allah, the Exalted (as a reward for his noble deed). So also a person may obtain closeness to Allah, as one offering prayer on behalf of another voluntarily, if his intention were such. As regards the receipt of reward by a person hired to offer prayer on behalf of another, as mentioned in some Traditions, it is merely with the beneficence of Allah. It is also obligatory to specify in his intention (Niyyat) the deceased on behalf of whom a person is offering the prayer, even if specified briefly, as saying: “on behalf of the owner of the remuneration paid”, or the like.
Problem # 1 It is obligatory on the person who owes some prayers or fasts to make a will for hiring some one, except when he has already a Wali, or eldest son, on whom it is obligatory to compensate for what his father owes and about whom he is sure of its performance. It is obligatory on the executor, in case of a will, to defray the relevant expenditure from one-third of the legacy, and with the permission of the heirs from the principal legacy. This is contrary to the expenditure on Hajj or the financial liabilities (of the deceased), like Zakãt, Khums, Mazãlim, Expiations (Kaffarãt), or the like, which are to be deducted from the principal legacy, whether the deceased has left a will for them or not, except when he has made a will that they are to be deducted from one-third of his property, in which case they shall be deducted from one-third of his property, and if it is not sufficient the deficiency shall be met from the principal legacy. If a person has willed that compensation should be made for the prayers and fasts owed by him, but has left no legacy, it shall not be obligatory on the executor to fulfill it personally or hire someone else out of his property It is more cautious for his son or daughter to fulfill it personally if the deceased has left a will to that effect and in case it is not troublesome for the son or daughter. Of course, it is obligatory on the Wali, or eldest son, of the deceased to compensate for what his father has failed to perform either personally or by hiring some one else and pay it from his property, even if the deceased has left no will to that effect, as mentioned above.
Problem # 2 If a person has been hired for offering prayer, keeping fast or performing Hajj on behalf of another, and he dies before honoring his commitment, then in case he had stipulated to perform all those acts personally, his contract shall be considered null and void to the extent what has remained undone, and his liability shall fall on the property he has obtained against the commitment if it has already been paid to him, and it shall be deducted from his legacy. But in case he has not stipulated to perform the acts personally, another person shall be hired for the performance of the acts against payment in case he has left some legacy. In case he has left no legacy, then, like his other debts, this would also not be a liability of his heirs.
Problem # 3 It is a condition for the person hired that he must know all the portions of the prayer and its conditions as well as the acts repugnant to it and the rules relating to its damage etc. through the genuine Ijtihãd or Taqlid. Of course, it is permissible to hire a person who has given up Ijtihãd and Taqlid by being cognizant of the nature of caution and is himself cautious in his practice.
Problem # 4 It is not a condition for the person hired to be of a morally sound character; rather it is sufficient for him to be honest, so that he could be trusted in performing his commitment in the correct manner. As regards the condition of his being an adult, so that it is not valid to hire a discreet child to perform all the acts on behalf of another even if he is able to perform them in the correct manner, it is not far from being no such condition, though the condition to this effect would be more cautious.
Problem # 5 It is not permissible to hire disabled persons like a person unable to stand in case of availability of another sound person. If a person is rendered disabled after having been hired, he should wait until the removal of the disability. If the time for the performance of the commitment is short, the contract for hire shall be cancelled, According to the more cautious opinion it is not permissible to hire a person having a splint and one who is bound to perform Tayammum.
Problem # 6 If a hired person commits error or has a doubt, he shall act according to his own Ijtihŕd or Taqlid, though it may be contrary to that of the deceased, in the same way as it is obligatory on him to offer prayer as required by his own duties and belief according to the Ijtihãd or Taqlid if he has been hired to act according to the valid practice. If a particular procedure has been assigned to the person who according to his own belief is void, then it is more cautious for him not to accept the contract of hiring himself.
Problem # 7 It is permissible to hire any man or woman for another man or woman and to observe the conditions of offering the prayer loudly or quietly, concealing his private parts and conditions relating to the garments according to the position of the person hired and not according to that of the hiring person. So a man shall offer loudly the prayer, which a man is required to offer loudly and not conceal his private parts like a woman even if he is hired to offer the prayer on behalf of a woman, while a woman has the discretion to offer the prayer loudly or otherwise, and cover herself as required by a woman, even if she has been hired to offer prayer on behalf of a man.
Problem # 8 It has already been understood that the absence of the condition of observing the order of succession in all circumstances at the time of compensating what is owed by a person in case the person is ignorant of the actual position of what is owed by him is not devoid of force. So it is permissible to hire a group of persons for offering compensatory prayers for a single individual, and it is not obligatory to specify the time for them. It is permissible for them to offer the prayers at the time in case the deceased was ignorant of their time or they are ignorant of the position of the deceased.
Problem # 9 It is not permissible for the hired person to hire another person for the performance of his commitment without the permission of the person hiring him.
Of course, if a person has accepted the liability without being hired for it, it shall be permissible for him to hire another person for its performance. Nevertheless, it is not permissible for him to hire another person against remuneration less than the usual one, according to the more cautious opinion, except when he has himself performed part of the act, though a little.
Problem # 10 If a time and period has been specified for the performance by the person hired, but he fails to perform it within that specified time and period, he shall not perform it afterwards except with the permission of the person hiring him. In case he performs it, he shall be like a person performing it voluntarily without being entitled to receive any remuneration for it. Of course, if it was agreed to perform the commitment in a specified time as a stipulation, he shall be entitled to his specified remuneration in case of its violation, and the person hiring him shall have the option to rescind the agreement for violation of the stipulation, and if he opts to cancel the agreement, he shall be entitled to receive the specified remuneration from the person hired, while the latter shall be entitled to receive his proper remuneration.
Problem # 11 If, after the performance of the act, it transpires that the agreement was void, the person hired shall be entitled to his proper remuneration for his act. The same rule shall apply if the agreement is cancelled due to some fraud, etc.
Problem #12 If the procedure of performing the act is not specified as to the performance of the approved acts nor is it clear by referring to the agreement, it shall be obligatory to perform the usually approved acts like Qunut, Takbir for the Ruku ‘and the like.
Problem # 1 Nowadays it is discretionary to offer the Friday prayer or the Zuhr prayer, the Friday prayer being preferable, and the Zuhr prayer being more cautious, and it is even more cautious to offer both (the Friday as well as the Zuhr prayers). So, if a person offers Friday prayer, according to the stronger opinion, his obligation to offer the Zuhr prayer is dropped, though it is more cautious to offer the Zuhr prayer after the Friday prayer, the Zuhr prayer (at that time) having two Rak’ats like the Morning prayer.
Problem # 2 If a person has offered Friday prayer behind an Imam, he may also offer his ‘Asr prayer behind the same Imam. If, however, the person intends to be cautious, he must offer Zuhr and ‘Asr prayers both after having performed them in Jamã’at, except when, by way of caution, the Imam has offered the Zuhr prayer before the ‘Asr prayer, and so has the person following the Imam, so that it shall be permissible for him to offer the ‘Asr prayer behind the same Imam. Rather he shall offer the Zuhr prayer again, by way of caution.
Problem # 3 It is permissible to offer prayer for the cautionary Zuhr prayer behind the Imam. When those offering Jumah prayer have finished it, it is permissible for them to offer Zuhr prayer in Jamŕ’at as a precaution. If a person who has not offered Jum’ah prayer offers prayer behind one who is offering a cautionary prayer, it shall not be sufficient for him to do so. Rather, it would be obligatory on him to offer the prayer again.
There are a number of conditions for Friday prayer. They are as follows:
1. The Number of the persons offering Friday prayer. The minimum number of persons offering Friday prayer is five, one of them being the Imam himself. It is neither obligatory nor is it valid in case the number is less than five. According to another opinion, the minimum number required for Friday prayer is seven persons, though the more reliable is what we have mentioned before. If, however, seven or more persons assemble to offer the Friday prayer, it becomes emphatically preferable.
2. Two Sermons (Khutbas). They are obligatory like the Friday prayer itself, as the Friday prayer is not valid without the two Sermons.
3. Jama’at. So Friday prayer is not offered individually.
4. Within the distance of three miles no other congregation of Friday prayer is to be held, so that if there is a distance of three miles between the places where Friday prayer is offered, all of them would be valid, the criterion being the distance between the places where Friday prayer is offered, and not the distance between two towns where Friday prayer is offered, so that it is permissible to hold several Friday prayers in a single big town having an area of several miles.
Problem # 1 If five persons have assembled to offer Friday prayer, and they disperse during the Sermon or after it but before offering the prayer and do not return, and the number required for the Friday prayer is not there, it shall be obligatory on each of them to offer Zuhr prayer only.
Problem # 2 If the persons dispersed during the Sermon but returned, so if their return takes place after what is called obligatory, then apparently it would not be obligatory to repeat the Sermon even if the time of their absence has been quite long, as is the case when they disperse after the Sermon and then return.
If, however, they disperse before the fulfillment of what is obligatory in the Sermon, then if their dispersal has been for avoiding attending the Sermon, then in all circumstances, it would be more cautious to repeat the Sermon.
If, however, it were due to some reasonable excuse, for example, rain, then if the time of their absence has been long to the extent of being harmful for the usual consistency of the Sermon, then apparently it would be obligatory to repeat the Sermon. Otherwise, it would be sufficient and it would be valid.
Problem # 3 If some of the persons leave the place before Sermon reaching the stage to be called Sermon and return before it may be called a long absence, then if the Imâm has been silent during their absence, he shall start the Sermon from where he had left. In case the Imam continued with his Sermon during their absence, so that they could not listen to it, and they did not return till the passage of a long time harmful for the usual consistency of the Sermon, the Imam shall repeat the Sermon. In case those who have left do not return, and instead of them some other persons enter the place, in all circumstances, the Imam shall repeat the Sermon.
Problem # 4 If the number of the persons present in the congregation for Friday prayer exceeds the required number, then it would not be harmful if some of them leave the congregation in all circumstances, provided that the number of those remaining present is upto the required number.
Problem # 5 If the Imâm starts the prayer and all of the rest disperse before reciting the Takbir, and no one remains there except the Imam himself, then apparently there shall be no Friday prayer. Then whether the Imam may shift to the Zuhr prayer, or it is permissible for him to complete it as Zuhr prayer without the intention (Niyyat) of shifting to Zuhr prayer, rather it shall automatically become Zuhr prayer in absence of its being Friday prayer, and so he shall complete four Rak’ats, there is difficulty in accepting it, and it is more cautious to have the intention of Zuhr and complete it as such and then offer the Zuhr prayer (again). It would be even more cautious for him to complete it as Friday prayer, and then offer Zuhr prayer, though, according to the opinion closer to the traditional authority, it should be declared void, and it shall be permissible for him to give it up and offer Zuhr prayer.
Problem # 6 If the required number, i.e., four persons join the Imam in the Friday prayer even when the Imam recites the Takbir, then it shall be obligatory on him to complete the prayer, even if there is left only a single person, according to the prevalent opinion, though it would be according to the traditional authority to declare it void, regardless whether there remains only the Imam and the rest of them have dispersed, or some of them have dispersed, or the Imam has left and there remain the rest, or some of them remain behind, and whether they have offered a single Rak’at or less than that, but caution should not be given up by completing the Friday prayer, and then offering Zuhr prayer. Of course, it is not far from being declared valid if some of the persons disperse in the end of the second Rak’at, rather after its Ruku’. It is cautious to offer Zuhr prayer despite it after the Friday prayer, and it should not be given up.
Problem # 7 It is obligatory to praise Allah in each of the two Sermons to be followed, according to the more cautious opinion, by eulogising Allah, the Exalted. It is more cautious that the praise should be by using the word Jalãlah (Majesty), though, according to the stronger opinion, it is permissible to express the praise which may be considered praise for Allah, the Exalted, and asking Him to send Blessing to the Prophet, Allah’s Blessing be on him and his Progeny, according to the more cautious opinion in the first Sermon, and, according to the stronger opinion in the second Sermon, and, according to the stronger opinion, there should recommendation for fear of Allah, the Exalted, in the first Sermon, and, according to the more cautious opinion, in the second Sermon.
According to the stronger opinion, a small Sürah must be recited in the first Sermon, and, according to the more cautious opinion, it is preferable in the second Sermon to seek Allah’s Blessing on the Imams of the Muslims, Peace be upon them, after asking for Allah’s Blessing on the Prophet, Peace be upon him, and forgiveness for the Muslim men and women.
It is better to select some of the Sermons attributed to Amir al-Mu’minin (Ali), Allah’s Peace be upon him, or the Sermons, which have come down from Ahl-i Bayt, the Infallible.
Problem # 8 It is more cautious to praise (Allah) and seek (Allah’s) Blessing in the Sermon in Arabic language, even if the person giving the Sermon and the people listening to it are non-Arab.
However, as regards the admonition and recommendation to fear Allah, the Exalted, according to the stronger opinion, it is permissible to use any language besides Arabic for expressing them. Rather it is more cautious that the admonition and the other things in the interest of the Muslims must be expressed in the language of the audience, and in case they are mixed, in several languages. If, however, the number of those present exceeds the required number, it is permissible to suffice with the language permitted, but it is more cautious to admonish them in the language of the audience
Problem # 9 The Imam giving the Sermon must add to his Sermon what is required in the interest of the Muslims in their faith as well as their world, and inform them about the events taking place in the Muslim countries etc. and the matters which are harmful or beneficial for them, and what the Muslims need for the life hereafter, as well as the political and economic affairs pertaining to their independence and existence and the position of their business with other nations, and warn them against allowing the tyrant, imperialist states to interfere in their affairs, particularly political and economic, which may result in their exploitation and domination. In short the Friday prayer and its two Sermons are among the great occasions of the Muslims like all the other great occasions such as the Hajj and the congregations on that occasion as well as the Eid al-Fitr and Eid al-Adhã, etc.
Unfortunately the Muslims have not realized their important political duties on such occasions and their other political situations. Islam is a political faith, which manifests for those having the least wisdom and thinking in its various mysteries the laws in the fields of statecraft and political, social and economic affairs. Therefore, those who deem faith to be separate from politics know nothing about the actual Islam and the realm of politics.
Problem # 10 It is permissible to deliver the two Sermons before the noon in a way that when the Imam has finished them it should be afternoon, though it is more cautious to deliver the Sermons around noon.
Problem # 11 It is obligatory to deliver the two Sermons before the Friday prayer, so that if one offers the Friday prayer (before the Sermons), it would be void, and it would be obligatory to offer the Friday prayer after the two Sermons if there is still time left for it, though apparently it is not obligatory to offer it again if it has been offered inadvertently or out of ignorance. One must offer the Friday prayer after the two Sermons even though it is also said that it is not obligatory to offer it again if it has been offered before the two Sermons inadvertently and without knowledge, as there is the guiding principle in it.
Problem # 12 It is obligatory for the Imam to keep standing while delivering the Sermon, and it is also obligatory that the Imam and the person delivering the Sermon be the same. If, however, the person delivering the Sermon is unable to stand, let another person deliver the sermon, and let him also lead the Friday prayer. If there is no one else but one who is unable to keep standing, then apparently it is better to shift to Zuhr prayer. Of course, if the Friday prayer is specifically obligatory, a person who is unable to keep standing shall deliver the Sermon while sitting, and it is more cautious to offer the Zuhr prayer after the Friday prayer. It is also obligatory to keep some distance between the two Sermons by sitting for some time.
Problem # 13 According to the more cautious if not stronger, opinion, it is obligatory to raise the voice while delivering the Sermon in a way that it may be heard by a number of people, rather apparently it is not permissible to deliver the Sermon quietly, but there is no difficulty in the absence of permissibility for keeping the voice low when giving admonition and recommendation, and the Imam should raise his voice so that those present may hear it. Rather it is more cautious, or he must use loud speakers while delivering the Sermon if there are a large number of attendants in order that his admonition, persuasion (to do good deeds), frightening (from Allah’s wrath in case of commission of bad deeds) and other important subjects may reach them through them.
Problem # 14 According to the more cautious opinion, rather according to more traditional authority, it is obligatory for those present to listen to the Sermons, rather it is more cautious for them to keep silence and avoid talking during the deliverance of the Sermons, though, according to the stronger opinion, it is disapproved. Of course, if the talk causes a hindrance in listening by others and the loss of the advantage of the Sermon, it would be necessary to avoid it.
According to the more cautious opinion, it is preferable for those present to sit with their faces towards the Imam, and not to turn their faces more than it is allowed even during offering the prayer. It is also preferable according to the more cautious opinion that the Imam must be clean of the minor and major pollution as also the audience. According to the more cautious opinion, it is also preferable for the Imam while delivering the Sermon not to speak anything other than what relates to the subject of Sermon. However, there is no objection if the Imam speaks after delivering the Sermon before starting the prayer.
The Imam should be a good speaker and able to keep in consideration the requirements of the circumstances and use a lucid language free from confusion, fully conversant with what is happening to the Muslims in the various countries, particularly his own country, cognizant of the interests of Islam and Muslims, bold enough not to be impressed by the reproach of the censurer, unequivocal in telling the truth and condemning the falsehood according to the requirements and conditions of the day, considerate in using a language which may influence the people as regards the advice for being punctual and regular in their prayers and dress like the pious and the saints, and that his acts must correspond with his admonitions, persuasions and frightening, and he must abstain from what may lower him in the eyes of the people or bring down his speech even by unnecessary and excessive talk and jokes and nonsense. The Imam must do all this sincerely and purely for the sake of Allah, the Exalted and abstinence from love for the worldly power and pelf, as they are the centre of all wrong doings, so that his speech may influence the people
It is approved for the Imam to wear a turban in both summer and winter and wrap the shawl of Yemen or Aden, be presentable and put on garments as clean as possible, eliciting honour and grace. He must greet the people while ascending the pulpit and keep his face towards the people, and they should have their faces towards him, and that he must lean against a bow, scepter or mace or a sword, and keep sitting on the pulpit until the Mu’adhdhin (person calling to prayer) finishes his Adhãn (call to prayer).
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