General Rules of Jurisprudence Lesson 11

1. General Rules of JurisprudenceLesson 11 The rule of (قاعدة لا حرج) LA HARAJ “No Difficulty in religion” The rule The difference with LA DHARAR The source or evidence The reason of difficulty on previous nations Hadeeth LA HARAJ Prevails (HAKIM)

2. “No Difficulty in religion” LA HARAJ • The meaning of HARAJ is difficulty, complexity, complicatedness, trouble,, uneasiness, hardship, discomfiture, critical situation, embarrassment, discomfort and awkwardness. • This rule means: That Any law if activated (FEL) will lead to a difficulty or to a critical situation on the responsible person, then such law is deactivated. • For example: WODHO or GHUSL with extremely cold water, beard causing problems, female uncovering her body to a doctor for diagnose,. if it leads to difficulty then such obligatory rule is removed.

3. The difference with LA DHARAR • This rule states that if there is extreme difficulty and hardship in fulfilling a duty, it can be performed but with hardship and difficulty. Otherwise ever worship has some minor difficulty that is why the responsibility is called TAKLEEF from KOLFA difficulty, but in this rule the condition is extreme difficulty (MASHAQA SHADEEDAH or HARAJ SHADEED). • DHARAR or harm means loss , in LA DHARAR the condition is loss of wealth, health, dignity or any thing else, so if there is no loss of deficit or deficiency in such, then it will not be considered DHARAR or harm , and it will not be included under that rule. • A person can do WODHO in extremely cold water in winter with difficulty but still no DHARAR or loss or harm comes to him. • A sick person can do WODHO without any difficulty which might make him sick-flu- or DHARAR but without being difficult. • A person who needs to buy a house goes for Hajj, will not be in Harm or loss but will be in HARAJ.

4. The source or evidence of LA HARAJ • The worships and duties require some type strive and JIHAAD, and that strive is not considered HARAJ, but if it becomes very difficult, then the rule of LA HARAJ is implemented, that is why it is called extremely difficult or critical (MASHAQAH SHADEEDAH) • وَجَاهِدُوا فِي اللَّهِ حَقَّ جِهَادِهِ هُوَ اجْتَبَاكُمْ وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ مِّلَّةَ أَبِيكُمْ إِبْرَاهِيمَ هُوَ سَمَّاكُمُ الْمُسْلِمينَ مِن قَبْلُ وَفِي هَذَا لِيَكُونَ الرَّسُولُ شَهِيدًا عَلَيْكُمْ وَتَكُونُوا شُهَدَاء عَلَى النَّاسِ فَأَقِيمُوا الصَّلَاةَ وَآتُوا الزَّكَاةَ وَاعْتَصِمُوا بِاللَّهِ هُوَ مَوْلَاكُمْ فَنِعْمَ الْمَوْلَى وَنِعْمَ النَّصِيرُ {78} • [Shakir 22:78] And strive hard in (the way of) Allah, (such) a striving a is due to Him; He has chosen you and has not laid upon you an hardship in religion; the faith of your father Ibrahim; He named you Muslims before and in this, that the Messenger may be a bearer of witness to you, and you may be bearers of witness to the people; therefore keep up prayer and pay the poor-rate and hold fast by Allah; He is your Guardian; how excellent the Guardian and how excellent the Helper!

5. In Salaat, ZAKAAT and fasting: • Why does Allah (SWT) mentions Salaat, ZAKAAT and Fasting only in the previous verse? • These are the most important branches of religion • These are regularly done by the Muslim daily and annually • These require striving, patience and tolerance • These are opposite worships to each other, one is to do and the other is to abstain. • HARAJ or difficulty can easily be observed in it, being most important obligations, God has kept room for excuse due to the severe hardship in performing it.

6. Verse of WODHU: • وَإِن كُنتُم مَّرْضَى أَوْ عَلَى سَفَرٍ أَوْ جَاء أَحَدٌ مَّنكُم مِّنَ الْغَائِطِ أَوْ لاَمَسْتُمُ النِّسَاء فَلَمْ تَجِدُواْ مَاء فَتَيَمَّمُواْ صَعِيدًا طَيِّبًا فَامْسَحُواْ بِوُجُوهِكُمْ وَأَيْدِيكُم مِّنْهُ مَا يُرِيدُ اللّهُ لِيَجْعَلَ عَلَيْكُم مِّنْ حَرَجٍ وَلَـكِن يُرِيدُ لِيُطَهَّرَكُمْ وَلِيُتِمَّ نِعْمَتَهُ عَلَيْكُمْ لَعَلَّكُمْ تَشْكُرُونَ {6} • [Shakir 5:6] O you who believe! when you rise up to prayer, wash your faces and your hands as far as the elbows, and wipe your heads and your feet to the ankles; and if you are under an obligation to perform a total ablution, then wash (yourselves) and if you are sick or on a journey, or one of you come from the privy, or you have touched the women, and you cannot find water, betake yourselves to pure earth and wipe your faces and your hands therewith, Allah does not desire to put on you any difficulty, but He wishes to purify you and that He may complete His favor on you, so that you may be grateful. • The aim is purification, so if the first degree is difficult the there is a second degree which is much more easier.

7. Verse of Fasting: • فَمَن شَهِدَ مِنكُمُ الشَّهْرَ فَلْيَصُمْهُ وَمَن كَانَ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ يُرِيدُ اللّهُ بِكُمُ الْيُسْرَ وَلاَ يُرِيدُ بِكُمُ الْعُسْرَ • therefore whoever of you is present in the month, he shall fast therein, and whoever is sick or upon a journey, then (he shall fast) a (like) number of other days; Allah desires ease for you, and He does not desire for you difficulty [Shakir 2:185]

8. Other evidences: • There are about 18 Hadeeth mentioned supporting this rule, but since it is clear in the holy Qur’an, we do not require to go through them. • The AQL or the intellect: It prohibits a duty which is incapable to be performed, but does not prohibit something which can be performed but with difficulty, there are many practices which are accepted by the intellectual society which is associated with the difficulty and the intellect does not consider it abhorred, many people they work very difficult job, plenty of working hour, stressful life, tough training in military and so on. • As there were nations previously due to some reasons, perhaps to test them, or to punish them, God gave them difficult duties, that is why in the Qur’an :

9. The reason of difficulty on previous nations: • لاَ يُكَلِّفُ اللّهُ نَفْسًا إِلاَّ وُسْعَهَا لَهَا مَا كَسَبَتْ وَعَلَيْهَا مَا اكْتَسَبَتْ رَبَّنَا لاَ تُؤَاخِذْنَا إِن نَّسِينَا أَوْ أَخْطَأْنَا رَبَّنَا وَلاَ تَحْمِلْ عَلَيْنَا إِصْرًا كَمَا حَمَلْتَهُ عَلَى الَّذِينَ مِن قَبْلِنَا رَبَّنَا وَلاَ تُحَمِّلْنَا مَا لاَ طَاقَةَ لَنَا بِهِ وَاعْفُ عَنَّا وَاغْفِرْ لَنَا وَارْحَمْنَا أَنتَ مَوْلاَنَا فَانصُرْنَا عَلَى الْقَوْمِ الْكَافِرِينَ this In this verse we ask God not to give us such punishments • [Shakir 2:286] Allah does not impose upon any soul a duty but to the extent of its ability; for it is (the benefit of) what it has earned and upon it (the evil of) what it has wrought: Our Lord! do not punish us if we forget or make a mistake; Our Lord! do not lay on us a burden as Thou didst lay on those before us, Our Lord do not impose upon us that which we have not the strength to bear; and pardon us and grant us protection and have mercy on us, Thou art our Patron, so help us against the unbelieving people.

10. Hadeeth LA HARAJ Prevails (HAKIM) • Hadeeth LA HARAJ Prevails (Hakim) over all the evidences of the primary rules. That means the this hadeeth and the rule of “NO DIFFICULTY” is a secondary, it is implemented after the existence of the primary rules, for example if there is no primary obligation, then the rule of LA HARAJ cannot be implemented, because there is no critical situation, but if the HAJ is obligated, all the conditions and subjects are available, and a person is going to perform the HAJJ, and he finds out that for some reasons, it going to be very critical for him to go, then obligation of HAJ becomes void. LA HARAJ overcomes or prevails or takes over (hakim). • There has to be a primary legislation of the rule, and then this secondary rule of LA HARAJ over come such legislation, as it reveals that those primary rules are exempted in the case of HARAJ. (S. Sistani has a different approach,)