General Rules of Jurisprudence Lesson 4

1. General Rules of JurisprudenceLesson 4 قاعدة الفراغ و التجاوز Rule of End and Exceed Wodhu an exceptional case GHUSL (ceremonial bath) and TAYAMUM (Purification with dust) What is the meaning of exceeding into other part? Obligatory, recommended, pre-requisite or just exiting the previous part? Few implementation

2. The issue of WODHO: exceptional • TAJAWOZ (rule of exceed) is not implemented in parts of WODHO, so if a person was washing his right hand he doubts in the washing of his face or washing it correctly , he has to go back and wash his face, though he has passed that position and entered another part. • Yes if he has completed and ended the whole procedure of the WODHO and doubts, we will implement the rule of END or completion (FARAGH) for the whole thing.

3. Conclusion: • If the doubt was in the parts of wodho then both Faragh and Tajawoz cannot be implemented. • But if the whole WODHU was done, and there was a doubt in the accuracy, then the rule of FARAGH or END will be implemented. • If the doubt was in performing the whole WODHU before offering the Salaat, the TAJAWOZ or exceed will not be implemented.

4. Evidence for WODHO: • SAHEEHAH of ZORARAH, who narrates from Imam Mohammad Al BAQIR or ABO JAFER (AS): If you were sitting performing your wodhu (in the middle of the process), and you did not know whether you washed your hands or not, redo washing them, and redo all whatever you doubted in its washing or wiping which Allah has made it an obligation, that is if such happens while you were in the process of WODHU, but if you stand up from your WODHU, and are done with it, after that you went into different status be it Salaat or other than the Salaat, and doubted in some of those which Allah has made it an obligation in you WODHU • عن زرارة، عن أبي جعفر ( عليه السلام ) قال: إذا كنت قاعدا على وضوئك فلم تدر أغسلت ذراعيك أم لا، فأعد عليهما وعلى جميع ما شككت فيه أنك لم تغسله وتمسحه، مما سمى الله، ما دمت في حال الوضوء، فإذا قمت عن الوضوء، وفرغت منه، وقد صرت في حال أخرى في الصلاة، أو في غيرها، فشككت في بعض ما سمى الله مما أوجب الله عليك فيه وضوئه، لا شيء عليك فيه،

5. GHUSL and TAYAMUM • Some scholars mentioned that the rule of wodhu is implemented for GHUSL (ceremonial bath) and the TAYAMUM (Ablution purification with sand). • But Erawani says: The correct is that we can implement both rules in this case, the exceptional case was only for WODHO. Ghusl and Tayamum though they are procedures to remove the impurity but due to the lack of exempting evidence, they are not excluded from the rule in a way WODHU is.

6. The Exceed means exiting the previous or entering the next part. • In TAJAWOZ or EXCEED yes indeed a person must enter the next part of the worship, in order to implement the rule, otherwise it will not be considered exceeding. • In the correct hadeeth of ZORARAH, Imam (AS) mentioned: (If you exit an act and doubt after entering into another act, then your doubt has no value). • In FARAGH or END it does not require to enter the next part, ending the previous part is enough.

7. What is the criterion of the next part? • The HADEETH of ZORARAH is absolute: a thing or an act الشئ • So if a person doubts in the Recitation and he is in the bowing position, or if he is in SUJOOD or prostration and he is doubting in his RUKOO or bowing, …and so on, all those doubts do not have any value and are ignored. One should carry on and continue. • A doubt in a Part of an obligatory part is also included, such as doubting in reciting a verse or reciting it correctly after entering another verse of the SURA or the chapter. • Exemption: If a person doubts in a word after entering another word of the chapter it is not included because the custom does not consider it exceeding.

8. Entering a recommended part: • A person doubts in his recitation of the small chapter after entering the QUNOOT or the recommended dua of the second RAKAAT or the cycle of Salaat. • Many considered the recommended part as same as an obligatory part, and said that the rule can be Implemented. • S. ALKHOEI refused to implement in such case: • The recommended part does not support the identity of Salaat, or its structure, without it Salaat is considered Salaat. • Though the recitation is before the QUNOOT but this sequence is not an obligatory sequence.

9. Respond of ERAWANI: • Though the recommended does not support the structure of the Salaat, but the Islamic legislator has considered it: • A part, even though it is recommended but it is a part. • Even though the sequence is recommended but yet it is the sequence defined by the legislator. Based on these two points, if a person enters a recommended part which has a sequence in Islamic law, is considered a part , and if a person enters such part and doubts in the previous part the rule is implemented.

10. Entering a pre-requisite on the next part • If a person exits the RUKOO and doubts in the accuracy of the RUKOO while moving for SUJOOD , that means he in the process of going to SUJOOD and has not yet entered it. • The Rule of TAJAWOZ or exceed cannot be implemented here, because it is not required not as an obligation nor as a recommendation, so if a person can go from RUKOO to SUJOOD directly without that part then his Salaat will be OK. And it is not considered entering another part. • Yes standing up from the Prostration is Obligation, but not while standing.

11. Doubt in the last part: