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يجب على المسلم أن يكون على يقين من أصول الدين، وإن حصل له ذلك من قول الآخرين. و من لم يحصل عنده القطع في أحكام الدين لا بدّ أن يكون إمّا مجتهدًا قادرًا على استنباط الحكم الشرعيّ من الدليل، أو مقلّدًا لمجتهدٍ جامعٍ للشرائط -أي يعمل برأيه من دون سؤاله عن الدليل-، أو يكون محتاطًا بحيث يأتي بواجبه بالشكل الذي يتيقّن بفراغ ذمته؛ مثلًا لو أنّ جميع المجتهدين يفتون بعدم وجوب العمل الفلاني، و لكن ذهب بعضهم إلى حرمته و البعض الآخر إلى عدم الحرمة، فهو يترك ذلك العمل ولا يأتي به. و لو قال جميعهم بعدم حرمته و لكن قال بعضهم بالوجوب و البعض الآخر بعدم الوجوب، أتى به، فمن لم يكن مجتهدًا و لم يقدر على الاحتياط يجب عليه أن يقلّد المجتهد.
It is obligatory for a Muslim to attain certainty in the fundamentals of religion, even if he acquires this through the words of others. One who does not attain certainty regarding religious rulings must either be a mujtahid capable of deriving law (istinbāṭ al-ḥukm al-sharʿī) from legal proof (al-dalīl), or a follower (muqallid) of a fully qualified mujtahid (mujtahid jāmiʿ lil-sharāʾiṭ)—meaning he acts according to his opinion without asking for the legal proof—or act with precaution (al-iḥtiyāṭ) in such a way that he performs his duty in a manner that ensures certainty of fulfilling his obligation. For example, if all mujtahids give a fatwa that a certain action is not obligatory, but some deem it prohibited and others do not, he refrains from that action and does not perform it. If all of them say it is not prohibited, but some say it is obligatory while others say it is not, he performs it. Therefore, one who is neither a mujtahid nor able to act with precaution must perform taqlīd of the mujtahid.
It is obligatory for a Muslim to have certainty regarding the fundamentals of religion, even if he attains this through the words of others. One who does not attain certainty regarding religious rulings must be either a mujtahid capable of the derivation of law (istinbāṭ al-ḥukm al-sharʿī) from legal proof (al-dalīl), or a follower (muqallid) of a fully qualified mujtahid (mujtahid jāmiʿ lil-sharāʾiṭ)—meaning he acts according to his opinion without asking him for the legal proof—or be one who acts with precaution (al-iḥtiyāṭ) such that he performs his duty in a manner that ensures he is certain of the fulfillment of his obligation. For example, if all mujtahids give a fatwa that a certain action is not obligatory, but some consider it prohibited and others do not, he refrains from that action and does not perform it. If all of them say it is not prohibited, but some say it is obligatory and others say it is not, he performs it. Therefore, one who is not a mujtahid and is unable to act with precaution must perform taqlīd of the mujtahid.
A Muslim must possess certainty regarding the fundamentals of religion (uṣūl al-dīn), even if attained through the words of others. One who does not reach certainty regarding religious rulings must either be a mujtahid capable of deriving law (istinbāṭ al-ḥukm al-sharʿī) from legal proof (al-dalīl), or a follower (muqallid) of a fully qualified mujtahid (mujtahid jāmiʿ lil-sharāʾiṭ)—meaning he acts according to the mujtahid's opinion without requiring the legal proof—or he must act with precaution (al-iḥtiyāṭ) such that he fulfills his duty in a way that guarantees the discharge of his obligation. For example, if all mujtahids issue a fatwa that an action is not obligatory, but some consider it prohibited while others do not, he abstains from that action. If all maintain it is not prohibited, but some deem it obligatory while others do not, he performs it. Therefore, one who is not a mujtahid and is unable to act with precaution must perform taqlīd of the mujtahid.
It is obligatory for a Muslim to have certainty regarding the fundamentals of religion, even if that certainty is reached through the words of others. One who has not attained certainty regarding religious rulings must either be a mujtahid capable of deriving law (istinbāṭ al-ḥukm al-sharʿī) from legal proof (al-dalīl), or a follower (muqallid) of a fully qualified mujtahid (mujtahid jāmiʿ lil-sharāʾiṭ)—meaning he acts according to the mujtahid's opinion without requesting the legal proof—or one who acts with precaution (al-iḥtiyāṭ) by fulfilling his duty in a manner that ensures his obligation is certainly discharged. For example, if all mujtahids issue a fatwa that a given act is not obligatory, but some hold it to be prohibited while others do not, he refrains from that act. If all of them hold that it is not prohibited, but some consider it obligatory while others do not, he performs it. Accordingly, one who is neither a mujtahid nor able to act with precaution must perform taqlīd of the mujtahid.
A Muslim must possess certainty regarding the fundamentals of religion, even if that certainty is attained through the statements of others. In religious rulings, whoever has not attained certainty must be either a mujtahid capable of the derivation of law (istinbāṭ al-ḥukm al-sharʿī) from legal proof (al-dalīl), or a follower (muqallid) of a fully qualified mujtahid (mujtahid jāmiʿ lil-sharāʾiṭ)—meaning he acts according to the mujtahid's opinion without demanding the legal proof—or he must act with precaution (al-iḥtiyāṭ), fulfilling his duty in a manner that ensures he is certain his obligation has been discharged. For example, if all mujtahids agree that a certain action is not obligatory, but some consider it prohibited and others do not, he refrains from performing it. If all agree it is not prohibited, but some consider it obligatory and others do not, he performs it. Consequently, one who is not a mujtahid and is unable to act with precaution must perform taqlīd of a mujtahid.
التقليد هو اتباع الغير في العقيدة أو العمل. و يجب في الأحكام الدينية تقليد من تتوفر فيه الشرائط التالية:
Taqlīd means following someone else in belief or practice. In religious rulings, it is obligatory to follow a person who meets the following conditions:
Taqlīd is the act of following another in matters of belief or practice. In religious rulings, it is mandatory to follow an individual who meets the following conditions:
Taqlīd is following another person in belief or practice. In religious rulings, one must follow a person who meets the following conditions:
taqlīd consists of following another in belief or practice. Regarding religious rulings, it is mandatory to follow a person who meets the following conditions:
Taqlīd is following someone else in belief or practice. In religious rulings, it is mandatory to follow a person who meets the following conditions:
و الذنوب الكبيرة مثل: الكذب، الغيبة، التهمة، القتل، الربا، ترك الصلاة و ترك الصوم و ...
Major sins include: lying, backbiting, slander, murder, usury, omitting the prayer, omitting the fast, and so on.
Major sins include: lying, backbiting, slander, murder, usury, neglecting prayer, neglecting fasting, and the like.
Major sins include: lying, backbiting, slander, murder, usury, neglecting the prayer, neglecting the fast, and the like.
Major sins include lying, backbiting, slander, murder, usury, and neglecting the prayer or the fast, among others.
Major sins include: lying, backbiting, slander, murder, usury, omitting the prayer, omitting the fast, and so on.
و المراد بالملكة هي: حالة نفسانية تمنع الإنسان من ارتكاب الذنوب.
By 'faculty' is meant a psychological state that prevents a person from committing sins.
By 'faculty,' it is meant a psychological state that prevents a person from committing sins.
By faculty is meant a psychological disposition that restrains a person from committing sins.
By faculty (malaka), what is meant is a psychological state that restrains a person from committing sins.
What is meant by faculty is: a psychological state that prevents a person from committing sins.
والذنوب الصغيرة تصير من الكبائر إذا أصرّ عليها فاعلها.
Minor sins (al-dhunūb al-ṣaghīra) become major sins (al-kabāʾir) if the person committing them persists in doing so.
Minor sins (al-dhunūb al-ṣaghīra) become major sins (al-kabāʾir) if a person persists in committing them.
Minor sins (al-dhunūb al-ṣaghīra) become major sins (al-kabāʾir) when the person who commits them persists in doing so.
Minor sins (al-dhunūb al-ṣaghīra) are treated as major sins (al-kabāʾir) if the person persists in committing them.
Minor sins (al-dhunūb al-ṣaghīra) become major sins (al-kabāʾir) if the person committing them persists in doing so.
وتعرف العدالة بحسن الظاهر؛ بحيث لو سئل عنه من جيرانه أو من أهالي الحيّ الذي يسكن فيه، أو من أصدقائه، لكان جوابهم: لم نر منه خلاف الشرع.
Moral rectitude (al-ʿadāla) is known through outward good conduct, such that if his neighbors, the people of his neighborhood, or his friends were asked about him, they would respond: 'We have not seen anything from him contrary to the Sharīʿa.'
Moral rectitude (al-ʿadāla) is determined by outward good conduct; such that if his neighbors, the people in his community, or his associates were asked about him, they would respond, 'We have seen nothing from him that contradicts the Sharīʿa.'
Moral rectitude (al-ʿadāla) is established through outward good conduct: if his neighbors, the people of the area where he lives, or his acquaintances were asked about him, they would say, 'We have not seen anything from him contrary to the Sharīʿa.'
Moral rectitude (al-ʿadāla) is established through outward good conduct, such that if his neighbors, fellow residents, or associates were asked about him, they would respond: "We have seen nothing from him contrary to the Sharīʿa."
Moral rectitude (al-ʿadāla) is known through outward good conduct; such that if his neighbors, the people of the neighborhood where he lives, or his friends were asked about him, their response would be: 'We have not seen anything from him contrary to the Sharīʿa.'
يمكن معرفة المجتهد والأعلم والواجد لسائر شرائط التقليد بثلاثة طرق:
It is possible to identify the mujtahid, the most learned, and the one who possesses the other conditions for emulation (sharāʾiṭ al-taqlīd) through three methods:
The mujtahid, the most learned, and the one who possesses the other conditions for emulation (sharāʾiṭ al-taqlīd) may be identified through three methods:
The mujtahid, the most learned, and the one who possesses the other conditions for emulation (sharāʾiṭ al-taqlīd) can be identified through three methods:
A mujtahid, the most learned, and one who meets the other conditions for emulation (sharāʾiṭ al-taqlīd) can be identified in three ways:
The mujtahid, the most learned, and one who possesses the other conditions for emulation (sharāʾiṭ al-taqlīd) may be identified through three methods:
إذا احتمل الإنسان وجود الاختلاف بين المجتهدين في المسائل التي هي محلّ الابتلاء، وتيقّن أنّ أحد المجتهدين أعلم من الآخرين (أي له مزية واضحة على الآخرين في معرفة حكم الله)، ولكنه لا يمكن معرفته وجب عليه -مع الإمكان- الاحتياط. وإذا لم يمكن الاحتياط قلّد الذي يظنّه أعلم، وإذا لم يحصل عنده الظن قلّد الذي يحتمل أعلميته.
If a person considers it probable that there is a difference of opinion among the mujtahids in matters subject to frequent occurrence (al-ibtilāʾ), and he is certain (al-yaqīn) that one of the mujtahids is more learned than the others—meaning he is clearly superior in knowing God's ruling (ḥukm Allāh)—but he cannot identify him, then it is obligatory for him, where possible, to observe precaution (al-iḥtiyāṭ). If precaution is not possible, he must perform taqlīd of the one he suspects is the most learned. If he has no such suspicion, he shall perform taqlīd of the one whom he considers could possibly be the most learned.
If a person considers it probable that there is a difference of opinion among the mujtahids in matters that are the subject of encountering a situation (al-ibtilāʾ), and he is certain (al-yaqīn) that one of the mujtahids is more learned than the others—meaning he has a clear advantage over them in knowing God's ruling (ḥukm Allāh)—but cannot be identified, then he must—where possible—observe precaution (al-iḥtiyāṭ). If precaution is not possible, he must perform taqlīd of the one whom he suspects to be the most learned. If he has no such suspicion, he shall perform taqlīd of the one whom he considers possibly to be the most learned.
If a person considers it probable that there is a difference [of opinion] among the mujtahids in matters that are the subject of encountering a situation (al-ibtilāʾ), and he has certainty (al-yaqīn) that one of the mujtahids is more learned than the others—meaning he has a clear distinction over the others in knowing God's ruling (ḥukm Allāh)—but he cannot be identified, then it is obligatory for him—where possible—to observe precaution (al-iḥtiyāṭ). If precaution is not possible, he must perform taqlīd of the one whom he suspects is the most learned. If he does not have such a suspicion, he shall perform taqlīd of the one whose being the most learned he considers possible.
If a person considers it probable that there is a difference of opinion among the mujtahids on matters he is likely to encounter (al-ibtilāʾ), and he is certain (al-yaqīn) that one of the mujtahids is more learned than the others—meaning that mujtahid has a clear distinction over the others in knowledge of God's ruling (ḥukm Allāh)—yet cannot be identified, then he is obligated, where possible, to observe precaution (al-iḥtiyāṭ). If precaution is not possible, he must perform taqlīd of the one he suspects is the most learned. If he has no such suspicion, he shall perform taqlīd of the one whose being the most learned he considers possible.
If a person considers it probable that there is a difference of opinion among the mujtahids in matters of practical relevance (al-ibtilāʾ), and he is certain (al-yaqīn) that one of the mujtahids is more learned than the others—meaning he is clearly superior to the others in identifying God's ruling (ḥukm Allāh)—but that individual cannot be identified, then it is obligatory for him to observe precaution (al-iḥtiyāṭ) where possible. If precaution is not possible, he must perform taqlīd of the one whom he suspects is the most learned. If he has no such suspicion, he shall perform taqlīd of the one whose being the most learned he considers a possibility.
وإذا لم يكن عنده اليقين بأنّ أحد المجتهدين أعلم من الآخرين، وجب عليه تقليد من يظن بأعلميته، ولا يجب الاحتياط. بل إذا احتمل أعلمية أحدهم وعلم بعدم أعلمية غيره منه وجب عليه أن يقلّده؛ حتى ولو ظنّ التساوي بينهم. وأمّا إذا لم يكن واحد منهم مرجّحًا في احتمال الأعلمية على الآخرين، جاز له -حينئذ- تقليد أحدهم.
If he is not certain that one of the mujtahids is more learned than the others, it is obligatory for him to perform taqlīd of the one he suspects is the most learned, and precaution is not obligatory. Rather, if he considers it possible that one of them is the most learned and knows that the others are not more learned than him, it is obligatory for him to perform taqlīd of that one, even if he suspects they are equal. However, if none of them is more likely to be the most learned than the others, it is then permissible for him to perform taqlīd of any of them.
If he is not certain that one of the mujtahids is more learned than the others, it is obligatory for him to perform taqlīd of the one whom he suspects to be the most learned, and precaution is not required. Furthermore, if he considers it possible that one of them is the most learned and knows that the others are not more learned than him, he must perform taqlīd of him, even if he suspects they are equal. However, if none of them is more likely than the others to be the most learned, he may perform taqlīd of any one of them.
If he does not have certainty that one of the mujtahids is more learned than the others, it is obligatory for him to perform taqlīd of the one whom he suspects is the most learned, and precaution is not obligatory. Rather, if he considers the possibility of one of them being the most learned and knows that the others are not more learned than him, it is obligatory for him to perform taqlīd of him, even if he suspects they are equal. However, if none of them is preferred over the others in the possibility of being the most learned, it is then permissible for him to perform taqlīd of one of them.
If he is not certain that any one of the mujtahids is more learned than the others, he is obligated to perform taqlīd of the one he suspects is the most learned, and precaution is not obligatory. Moreover, if he considers it possible that one of them is the most learned and knows that the others are not more learned than him, he is obligated to perform taqlīd of that mujtahid, even if he suspects they are equal. However, if none of them is preferred over the others in the possibility of being the most learned, it is permissible for him to perform taqlīd of any one of them.
If he is not certain that one of the mujtahids is more learned than the others, it is obligatory for him to perform taqlīd of the one whom he suspects is the most learned, and precaution is not obligatory. Furthermore, if he considers the possibility that one of them is the most learned and knows that the others are not more learned than him, it is obligatory for him to perform taqlīd of that individual, even if he suspects they are equal. However, if none of them is preferred over the others in the possibility of being the most learned, it is then permissible for him to perform taqlīd of any one of them.
يمكن تحصيل فتوى المجتهد بطريقين:
The ruling of a mujtahid can be obtained in two ways:
The ruling of the mujtahid can be obtained through two ways:
The ruling of the mujtahid can be obtained in two ways:
The ruling of the mujtahid may be determined in two ways:
The ruling of the mujtahid may be obtained in two ways:
وإذا سمع الشخص الفتوى من المجتهد نفسه، ولكن وجد اختلافًا بين هذه الفتوى والفتوى المذكورة في رسالة المجتهد، واحتمل خطأ المجتهد في نقل فتواه، فلا يجوز له الاعتماد على قول المجتهد. وكذا إذا لم يحصل الاطمئنان بصحّة رسالة المجتهد، فلا يجوز العمل بها.
If a person hears the ruling from the mujtahid directly but finds a discrepancy between that and the ruling in the mujtahid’s manual, and considers it possible that the mujtahid erred in conveying the ruling, he may not rely on the mujtahid’s spoken word. Likewise, if moral certainty regarding the accuracy of the manual is not attained, it is not permissible to act upon it.
If a person hears the ruling from the mujtahid himself but finds a discrepancy between this ruling and the ruling mentioned in the mujtahid’s manual, and considers it possible that the mujtahid made an error in conveying his ruling, it is not permissible for him to rely on the mujtahid’s word. Likewise, if moral certainty regarding the correctness of the mujtahid’s manual is not attained, it is not permissible to act upon it.
If a person hears the ruling from the mujtahid himself but notices a discrepancy between this ruling and the one mentioned in the mujtahid’s manual, and considers it possible that the mujtahid made an error in conveying his ruling, it is not permissible for him to rely on the mujtahid’s word. Similarly, if moral certainty regarding the correctness of the mujtahid’s manual is not achieved, it is not permissible to act upon it.
If a person hears a ruling from the mujtahid himself but finds a discrepancy between that statement and the ruling in the mujtahid’s manual, and suspects that the mujtahid may have misspoke, it is not permissible to rely on his spoken word. Similarly, if moral certainty is not attained regarding the accuracy of the mujtahid’s manual, it is not permissible to act upon it.
If a person hears the ruling directly from the mujtahid yet finds a discrepancy between that ruling and what is stated in the mujtahid's manual, and considers it possible that the mujtahid erred in conveying his ruling, he may not rely on the mujtahid's word. Likewise, if moral certainty regarding the accuracy of the mujtahid's manual is not attained, it is not permissible to act upon it.
إذا احتمل الشخص احتمالًا عقلائيًا بتغيير فتوى المجتهد، ولم يكن الفحص بالنسبة إليه حرجيًا1 يجب عليه الفحص. وفي زمان الفحص وجب عليه العمل بالاحتياط -إن أمكن- وإلا فليعمل بالفتوى السابقة.
If a person deems it a rational possibility that the ruling (fatwā) of the mujtahid has changed, and the investigation is not a hardship (ḥaraj)1 for him, he must investigate. During the time of investigation, he must act according to precaution (al-iḥtiyāṭ)—if possible—otherwise, he should act according to the previous ruling.
If a person considers it rationally possible that the ruling (fatwā) of the mujtahid has changed, and investigating the matter would not constitute a hardship (ḥaraj)1 for him, he must investigate. While doing so, he must act according to precaution (al-iḥtiyāṭ)—if possible—otherwise, he should act according to the previous ruling.
If a person considers it a rational possibility that the fatwā of the mujtahid has changed, and verifying this does not cause him hardship (ḥaraj)1, he must investigate. During the period of investigation, he should act according to precaution (al-iḥtiyāṭ) if possible; otherwise, he may act according to the previous ruling.
If a person considers it a rational possibility that the ruling (fatwā) of the mujtahid has changed, and investigating would not cause him hardship (ḥaraj)1, he must investigate. During the period of investigation, he must act according to precaution (al-iḥtiyāṭ)—if possible—otherwise, he should follow the previous ruling.
If a person considers it rationally possible that the mujtahid's ruling (fatwā) has changed, and conducting an inquiry would not be a hardship (ḥaraj)1 for him, he must inquire. During the period of inquiry, he must act according to precaution (al-iḥtiyāṭ)—if possible—otherwise, he should follow his previous ruling.
إذا أفتى المجتهد الأعلم في مسألة، لا يجوز لمن يقلّده تركه والعمل في تلك المسألة بفتوى مجتهد آخر.
If the most learned (al-aʿlam) mujtahid issues a ruling in a matter, it is not permissible for the one who performs taqlīd of him to abandon him and act in that matter according to the ruling (fatwā) of another mujtahid.
If the most learned (al-aʿlam) mujtahid issues a ruling on a matter, it is not permissible for his follower (the one who performs taqlīd of him) to abandon him and act in that matter according to the fatwā of another mujtahid.
If the most learned (al-aʿlam) mujtahid issues a ruling on a matter, his follower is not permitted to abandon his view and act upon the ruling (fatwā) of another mujtahid in that matter.
If the most learned (al-aʿlam) mujtahid issues a ruling on a matter, it is not permissible for one who performs taqlīd of him to abandon that ruling and act according to the fatwā (fatwā) of another mujtahid.
If the most learned (al-aʿlam) mujtahid issues a ruling on a matter, it is not permissible for his follower to abandon him and act on that matter according to the fatwā of another mujtahid.
واللازم بالذكر: بالإضافة إلى الموارد التي ينقل رأي المجتهد بوضوح كذلك توجد هنالك عبارات تعتبر فتوى أيضًا مثل: «الأقوى كذا»، «على الأقوى»، «الأظهر كذا»، «لا يبعد» ونحو ذلك.
It is necessary to mention: in addition to the instances where the opinion of the mujtahid is clearly conveyed, there are expressions that are also considered a ruling, such as: "the most potent is such-and-such," "based on the most potent [opinion]," "the most apparent is such-and-such," "it is not remote," and the like.
It is necessary to note that, in addition to instances where the mujtahid's opinion is clearly conveyed, there are expressions that are also considered rulings, such as: "the most potent is such-and-such," "based on the most potent [opinion]," "the most apparent is such-and-such," "it is not remote," and the like.
It should be noted that in addition to instances where a mujtahid's opinion is explicitly conveyed, certain expressions are also considered rulings, such as: "the most potent is such-and-such," "based on the most potent [opinion]," "the most apparent is such-and-such," "it is not remote," and the like.
It should be noted that, in addition to instances where a mujtahid's opinion is explicitly stated, other expressions are also considered rulings, such as: "the stronger view is such-and-such," "based on the stronger view," "it is more apparent that such-and-such," "it is not remote," and the like.
It should be noted that, beyond expressions that convey the mujtahid's opinion directly, certain other expressions also carry the force of a ruling, such as: "the most potent is such-and-such," "based on the most potent opinion," "the most apparent is such-and-such," "it is not remote," and the like.
الاحتياط الوارد في هذه الرسالة على قسمين:
The precaution (al-iḥtiyāṭ) mentioned in this manual is of two types:
The precaution (al-iḥtiyāṭ) mentioned in this manual is of two types:
The precaution (al-iḥtiyāṭ) mentioned in this manual is of two types:
The precaution (al-iḥtiyāṭ) mentioned in this manual is of two types:
The precaution (al-iḥtiyāṭ) mentioned in this manual is of two types:
لا يجب العمل بالاحتياط المستحبّ، ولكن ينبغي العمل به.
It is not obligatory to act according to the recommended precaution, but it is appropriate to act according to it.
It is not obligatory to act according to the recommended precaution, but it is appropriate to act according to it.
It is not obligatory to act according to a recommended precaution, though it is appropriate to do so.
It is not obligatory to act according to a recommended precaution, though it is appropriate to do so.
Acting according to the recommended precaution is not obligatory, though it is appropriate to do so.
لا يجوز للإنسان التبعيض في التقليد بأن يقلّد مجتهدًا في بعض المسائل، و في بعض المسائل مجتهدًا آخر. ولكن إذا كان أحد المجتهدين أعلم من الآخرين في باب الصلاة مثلاً، و المجتهد الآخر أعلم في باب آخر كالصوم، وجب تقليد المجتهد الأوّل في باب الصلاة، و تقليد المجتهد الثاني في باب الصوم.
It is not permissible for a person to practice partial emulation, i.e., to perform taqlīd of one mujtahid in some issues and of another in other issues. However, if one mujtahid is more learned in the chapter of prayer, for example, and another mujtahid is more learned in the chapter of fasting, it is obligatory to follow the first mujtahid in the chapter of prayer and the second in the chapter of fasting.
It is not permissible to engage in partial emulation by following one mujtahid in some issues and another mujtahid in others. However, if one mujtahid is more learned than the others in the chapter on prayer, for example, while another is more learned in a different chapter such as fasting, it is obligatory to follow the first mujtahid in the chapter on prayer and the second in the chapter on fasting.
It is not permissible for a person to practice partial emulation by performing taqlīd of one mujtahid in certain issues and another mujtahid in other issues. However, if one mujtahid is more learned than others in the chapter of prayer, for instance, and another mujtahid is more learned in a different chapter, such as fasting, it is obligatory to perform taqlīd of the first mujtahid regarding prayer and the second mujtahid regarding fasting.
It is not permissible for a person to practice partial emulation by performing taqlīd of a mujtahid in some issues and another mujtahid in other issues. However, if one of the mujtahids is more learned than the others in the chapter of prayer, for example, and the other mujtahid is more learned in another chapter such as fasting, it is obligatory to perform taqlīd of the first mujtahid in the chapter of prayer and taqlīd of the second mujtahid in the chapter of fasting.
It is not permissible for a person to practice partial emulation by following a mujtahid in some issues and another mujtahid in others. However, if one mujtahid is more learned than the others in a specific area, such as the chapter of prayer, while another is more learned in a different area, such as the chapter of fasting, it is obligatory to follow the first mujtahid in the chapter of prayer and the second in the chapter of fasting.
إذا عمل الإنسان بفتوى مجتهد و لو في بعض المسائل، فلا يجوز له التقليد من مجتهد آخر حتى في ما لم يعمل من المسائل، إلّا إذا كان المجتهد الآخر أعلم من المجتهد الأوّل، فيلزم -حينئذٍ- العدول إلى فتوى المجتهد الأعلم.
If a person has acted according to the fatwā of a mujtahid, even if only in some issues, it is not permissible for him to switch to the taqlīd of another mujtahid, even regarding issues upon which he has not yet acted, unless the other mujtahid is more learned (al-aʿlam) than the first; in that case, switching to the fatwā of the more learned mujtahid is necessary.
If a person has followed the ruling (fatwā) of a mujtahid, even in only some issues, it is not permissible for him to switch his taqlīd to another mujtahid—even regarding issues he has not yet acted upon—unless the other mujtahid is more learned (al-aʿlam) than the first. In that case, switching to the more learned mujtahid is obligatory.
If a person has acted according to a ruling (fatwā) of a mujtahid, even in some issues, he may not perform taqlīd of another mujtahid, even in issues he has not acted upon, unless the other mujtahid is more learned (al-aʿlam) than the first; in that case, switching to the ruling of the most learned mujtahid is necessary.
If a person has acted according to a ruling (fatwā) of a mujtahid—even in only some issues—it is not permissible for him to perform taqlīd of another mujtahid, even in issues he has not yet acted upon, unless that other mujtahid is more learned (al-aʿlam) than the first; in that case, switching to the ruling of the most learned mujtahid is obligatory.
If a person has acted according to a ruling (fatwā) of a mujtahid, even in some issues, it is not permissible for him to perform taqlīd of another mujtahid, even in issues he has not acted upon, unless the other mujtahid is more learned (al-aʿlam) than the first mujtahid; in that case, switching to the ruling of the most learned mujtahid is necessary.
إذا أدرك الإنسان عند ما كان مميّزًا -أي عند ما كان يدرك الحسن و القبيح- مجتهدًا كان له أن يقلّده في ذلك الوقت، يجوز له أن يقلّد ذلك المجتهد بعد موته، سواء كان قد قلّده في حياته أو لم يقلّده. و في غير هذه الصورة فالأحوط ترك العمل بفتوى المجتهد المتوفّى.
If a person reached the age of discernment—meaning the ability to distinguish between good and evil—during the lifetime of a mujtahid whom he could have followed in taqlīd at that time, it is permissible for him to follow that mujtahid in taqlīd after his death, regardless of whether he had actually done so during the mujtahid's lifetime. In any other case, the precaution (al-aḥwaṭ) is to refrain from acting on the rulings (fatwā) of the deceased mujtahid.
If a person reached the age of discernment—meaning the age when one can distinguish between good and evil—while a mujtahid was alive whom they could have followed in taqlīd, it is permissible for them to follow that mujtahid after his death, regardless of whether they had followed him in taqlīd during his lifetime or not. In other cases, the obligatory precaution (al-aḥwaṭ) is to refrain from acting according to the fatwā of a deceased mujtahid.
If a person reached the time of a mujtahid while he was discerning—meaning when he could distinguish between good and evil—whom he could have followed in taqlīd at that time, it is permissible for him to follow that mujtahid in taqlīd after his death, regardless of whether he had followed him in taqlīd during his lifetime or not. In other than this case, the precaution (al-aḥwaṭ) is to refrain from acting according to the ruling (fatwā) of the deceased mujtahid.
If an individual had reached a state of discernment—meaning they could distinguish between good and evil—during the lifetime of a mujtahid whom they could have followed in taqlīd at that time, it is permissible for them to follow that mujtahid in taqlīd after his death, regardless of whether they had followed him during his lifetime or not. In any other case, the precaution (al-aḥwaṭ) is to refrain from acting according to the ruling (fatwā) of the deceased mujtahid.
If a person, while being discerning—meaning when he can distinguish between good and evil—lived during the time of a mujtahid whom he could have followed in taqlīd at that time, then it is permissible for him to follow that mujtahid in taqlīd after his death, regardless of whether he had actually followed him during his lifetime or not. In other than this case, the precaution (al-aḥwaṭ) is to refrain from acting on the ruling (fatwā) of the deceased mujtahid.
و لو مات المجتهد الذي كان يقلّده الإنسان، فالحكم بعد موته كالحكم في حياته. فإذا كان الميت أعلم وجب البقاء على تقليده. أمّا إذا تساوى للأحياء فإن كان قد عمل بفتوى المجتهد الميت و لو في بعض المسائل وجب العمل بفتاواه في جميعها. و إذا كان لم يعمل بفتوى المجتهد الميت المساوي للمجتهد الحيّ أصلاً، جاز له تقليد أيهما شاء.
If a mujtahid whom a person was following in taqlīd dies, the ruling (ḥukm) after his death is the same as during his lifetime. If the deceased is the most learned, it is obligatory to remain upon his taqlīd. If, however, he is equal in learning to a living mujtahid, then: if the follower had acted on the deceased mujtahid's rulings—even in some issues—it is obligatory to continue acting on his rulings in all of them; but if he had never acted on the rulings of the deceased mujtahid who is equal to the living one, he may follow whichever of the two he wishes in taqlīd.
If the mujtahid whom a person was following in taqlīd dies, the ḥukm after his death remains the same as during his lifetime. If the deceased was the most learned (aʿlam), it is obligatory to remain in his taqlīd. However, if he is equal to a living mujtahid, then if the person had acted according to the rulings of the deceased mujtahid—even in a few issues—it is obligatory to continue acting according to his rulings in all matters. If they had not acted according to any of the rulings of the deceased mujtahid who is equal to the living one, it is permissible for them to choose either one to follow in taqlīd.
If the mujtahid whom a person was following in taqlīd dies, the ruling (ḥukm) after his death is like the ruling during his lifetime. If the deceased is the most learned, it is obligatory to remain upon his taqlīd. However, if he is equal to the living, then if he had acted according to the ruling of the deceased mujtahid, even in some issues, it is obligatory to act according to his rulings in all of them. If he had not acted according to the ruling of the deceased mujtahid who is equal to the living mujtahid at all, it is permissible for him to follow whichever of the two he wishes in taqlīd.
If the mujtahid whom a person was following in taqlīd dies, the ruling (ḥukm) after his death is the same as it was during his lifetime. If the deceased is the most learned, it is obligatory to remain in his taqlīd. However, if he is equal to the living mujtahid, then if the person had acted according to the ruling of the deceased mujtahid—even in only some issues—it is obligatory to follow his rulings in all matters. If the person had not acted according to any rulings of the deceased mujtahid who is equal to the living one, it is permissible to follow whichever of the two they wish in taqlīd.
If the mujtahid whom a person was following in taqlīd dies, the ruling (ḥukm) after his death is the same as during his lifetime. If the deceased is the most learned, it is obligatory to remain upon his taqlīd. However, if he is equal to the living mujtahid, then if the person had acted according to the ruling of the deceased mujtahid—even in some issues—it is obligatory to act according to his rulings in all of them. If he had not acted according to the ruling of the deceased mujtahid (who is equal to the living mujtahid) at all, it is permissible for him to follow whichever of the two he wishes in taqlīd.
نعم إذا صار المجتهد الحيّ أعلم، وجب تقليده.
If, however, the living mujtahid becomes the most learned, it is obligatory to follow him in taqlīd.
However, if the living mujtahid becomes the most learned, it is obligatory to follow him in taqlīd.
Yes, if the living mujtahid becomes the most learned, it is obligatory to follow him in taqlīd.
Indeed, if the living mujtahid becomes the most learned, it is obligatory to follow him in taqlīd.
Yes, if the living mujtahid becomes the most learned, it is obligatory to follow him in taqlīd.
المسائل التي يحتمل الإنسان احتمالاً عقلائيًا احتياجه لها، ولا يمكنه العمل بالاحتياط، يجب تعلّمها قبل العمل بها؛ حتى لا يفعل ما يخالف وظيفته الشرعيّة.
If a person considers it rationally possible that he will need certain rulings, and he is unable to act according to precaution (al-iḥtiyāṭ), then it is obligatory to learn them before acting upon them, so that he does not do what contradicts his religious duty.
If a person considers it rationally possible that he will need certain rulings and is unable to act according to precaution (al-iḥtiyāṭ), it is obligatory for him to learn them before acting, so that he does not act in contradiction to his religious duty.
If a person considers it a rational possibility that they will need certain rulings and is unable to act according to precaution (al-iḥtiyāṭ), it is obligatory to learn them before acting, so as to avoid violating their religious duty.
The rulings for which a person considers it a rational possibility that he will need them, and he is unable to act according to precaution (al-iḥtiyāṭ), it is obligatory to learn them before acting upon them; so that he does not do what contradicts his religious duty.
It is obligatory to learn any rulings that one reasonably expects to need and is unable to observe through precaution (al-iḥtiyāṭ), before acting on them, so as not to act contrary to one's religious duty.
إذا عرضت مسألة لغير المجتهد ولم يعلم حكمها، وجب الاحتياط أو الرجوع إلى المجتهد الجامع للشرائط. وإذا لم يمكن الوصول إلى فتوى المجتهد - لامن جهة عدم إظهار رأيه أو عدم تمكنه من إظهاره - ولا يمكنه تأخير العمل بالمسألة وكان الاحتياط متعذرًا أو حرجيًا، ففي هذه الحالة يجوز له الرجوع إلى مجتهد آخر مع رعاية ضوابطه.
If an issue arises for someone who is not a mujtahid and he does not know its ruling, he is obligated to observe precaution (al-iḥtiyāṭ) or to refer to a qualified (jāmiʿ lil-sharāʾiṭ) mujtahid. If the mujtahid's ruling (fatwā) is inaccessible—not because he has withheld or is unable to express his opinion—and the matter cannot be deferred, and observing precaution is either impossible or entails hardship (ḥaraj), then in this case he may refer to another mujtahid, provided that mujtahid's criteria are observed.
If an issue arises for a non-mujtahid and he does not know its ruling, he must either observe precaution (al-iḥtiyāṭ) or refer to a qualified (jāmiʿ lil-sharāʾiṭ) mujtahid. If it is not possible to access the ruling (fatwā) of the mujtahid—for reasons other than his silence or inability to express an opinion—and the matter cannot be delayed, and precaution is either impossible or entails hardship (ḥaraj), it is then permissible for him to refer to another mujtahid while observing the relevant criteria.
If an issue arises for one who is not a mujtahid and he does not know its ruling, it is obligatory to observe precaution (al-iḥtiyāṭ) or refer to the Qualified (jāmiʿ lil-sharāʾiṭ) mujtahid. If it is not possible to access the ruling (fatwā) of the mujtahid—not due to his not expressing his opinion or his inability to express it—and he cannot delay acting on the issue, and precaution is impossible or entails hardship (ḥaraj), then in this case, it is permissible for him to refer to another mujtahid while observing his criteria.
If a non-mujtahid encounters an issue and does not know its ruling, it is obligatory for him to exercise precaution (al-iḥtiyāṭ) or refer to a qualified (jāmiʿ lil-sharāʾiṭ) mujtahid. If it is not possible to access the mujtahid's ruling (fatwā)—not because he has not expressed an opinion or is unable to do so—and he cannot delay action on the matter, and precaution is either impossible or entails hardship (ḥaraj), then in such a case it is permissible for him to refer to another mujtahid, while observing his criteria.
If an issue arises for a person who is not a mujtahid and does not know its ruling, it is obligatory for him to observe precaution (al-iḥtiyāṭ) or refer to a qualified (jāmiʿ lil-sharāʾiṭ) mujtahid. If he cannot access the ruling (fatwā) of the mujtahid—not due to the mujtahid failing to express his opinion or being unable to do so—and the person cannot delay acting on the issue, and precaution is either impossible or entails hardship (ḥaraj), then he may refer to another mujtahid while observing his criteria.
إذا نقل ناقل فتوى المجتهد لغيره ثم تبيّن له خطؤه في النقل أو تبدّل رأي المجتهد في تلك المسألة فإن كان ذلك سببًا للعمل على خلاف وظيفته الشرعيّة وجب عليه إعلامه إذا لم يكن فيه الحرج. كما يجب الإعلام بتبدّل الفتوى على من يكون سكوته دالًّا عرفًا على عدم تبدّله إذا أمكن له ذلك ولم يقع في الحرج.
If someone conveys the ruling (fatwā) of a mujtahid to another person and later realizes he made an error in conveying it, or the mujtahid’s opinion on that matter changes, he must inform the person if the error causes them to act contrary to their sharʿī duty, provided doing so does not involve hardship (ḥaraj). Similarly, notifying the person of a change in the ruling (al-fatwā) is obligatory for anyone whose silence would conventionally imply that the ruling remains unchanged, provided it is possible for him and does not cause him to fall into hardship.
If someone conveys a mujtahid's ruling (fatwā) to another person, and it subsequently becomes apparent to him that he conveyed it in error, or the mujtahid's opinion on the matter changes, then if this would cause the other person to act contrary to his sharʿī duty, he is obligated to inform him, provided doing so does not entail hardship (ḥaraj). Likewise, it is obligatory to inform of the change in the ruling (al-fatwā) upon one whose silence would conventionally be taken to indicate that no change has occurred, provided this is possible for him and does not place him in hardship.
If a conveyer conveys the ruling (fatwā) of the mujtahid to another, and then his error in conveying it becomes apparent to him or the mujtahid’s opinion in that matter changes, then if that is a cause for acting contrary to his sharʿī duty, it is obligatory upon him to inform him if there is no hardship (ḥaraj) in it. Likewise, informing of the change in the ruling (al-fatwā) is obligatory upon one whose silence conventionally indicates its non-change, if it is possible for him and he does not fall into hardship.
If a person conveys the fatwā of a mujtahid to another, and subsequently realizes that their transmission was erroneous, or the mujtahid changes their opinion on the matter, then if this leads to the other person acting contrary to their sharʿī duty, it is obligatory to inform them, provided it does not entail hardship (ḥaraj). Likewise, one is obligated to notify them of the change in fatwā if silence would conventionally imply that the ruling remains unchanged, and provided it is possible to do so without falling into hardship.
If someone conveys the ruling (fatwā) of a mujtahid to another person, and then realizes that he made an error in conveying it or that the mujtahid’s opinion on the matter has changed, then if this would cause the other to act contrary to his religious duty, he must inform him, provided there is no hardship (ḥaraj) in doing so. Likewise, it is obligatory for someone whose silence is conventionally taken to imply that no change has occurred to inform of the change in the ruling (al-fatwā), if he is able to do so without hardship.
إذا كان المكلّف يأتي بأعماله مدّة من الزمن بدون تقليد، ثمّ قلّد مجتهدًا، فإن كان هذا المجتهد يحكم بصحّة أعماله السابقة، فأعماله صحيحة. وإن قال بالبطلان فالأعمال محكومة بالبطلان وإن احتاط في صحّتها فعلى المكلّف أن يعمل بما يقتضيه ذاك الاحتياط.
If a mukallaf performs his actions for a period of time without taqlīd and then follows a mujtahid: if that mujtahid rules his previous actions valid, they are valid; if he rules them invalid, they are subject to a ruling (ḥukm) of invalidity; and if he observes precaution (iḥtiyāṭ) regarding their validity, the mukallaf must act in accordance with what that iḥtiyāṭ requires.
If a mukallaf performs their acts of worship for a period of time without taqlīd and subsequently performs taqlīd of a mujtahid, those previous actions are valid if that mujtahid rules them to be so. If the mujtahid rules them invalid, then a ḥukm of invalidity applies. If the mujtahid observes iḥtiyāṭ regarding their validity, the mukallaf must act according to the requirements of that al-iḥtiyāṭ.
If a mukallaf performs actions for a period of time without taqlīd, and then performs taqlīd of a mujtahid, then if that mujtahid rules that his previous actions are valid, they are valid. If he says they are invalid, then the actions are subject to a ruling (ḥukm) of invalidity. If he exercises precaution (iḥtiyāṭ) regarding their validity, then the mukallaf must act according to what that precaution (al-iḥtiyāṭ) requires.
If a mukallaf performs his actions for a period of time without taqlīd, then performs taqlīd of a mujtahid, then if this mujtahid rules that his previous actions are valid, his actions are valid. If he says they are invalid, then the actions are subject to a ruling (ḥukm) of invalidity. If he observes precaution (iḥtiyāṭ) regarding their validity, then the mukallaf must act according to what that precaution (al-iḥtiyāṭ) requires.
If a mukallaf performs actions for a period of time without taqlīd and subsequently performs taqlīd of a mujtahid, then if that mujtahid rules that the previous actions are valid, they are considered valid. If the mujtahid deems them invalid, then they are ruled invalid. If the mujtahid observes precaution (iḥtiyāṭ) regarding their validity, the mukallaf must act according to the requirements of that precaution (al-iḥtiyāṭ).