Salah (Prayer) For a Person of Weak Understanding of Faith and One Who Does Not Know the Truth

1. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from ‘Abd al-Karim ibn ‘Amr from Sa‘id al-A’raj who has said the following: “Abu ‘Abd Allah (a.s.), has said, ‘Al-Hajj al-Tamattu‘ (advantageous) is not for people of Sarif, Marr (names of two places) and people of Makkah; Allah, most Majestic, most Glorious, has said, “That is for those whose family is present in Masjid al-Haram.” (2:196)’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from al-‘Ala’ ibn Razin from ibn abu ibn abu Ya’fur who has said the following: “Abu ‘ Abd Allah (a.s.), has said, ‘A virgin woman who has her father must not marry without his permission.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Ali ibn abu Hamzah from abu Basir who has said the following: “I once asked abu ‘Abd Allah (a.s.), if people of Makkah can perform al-Hajj al-Tamattu‘ (advantageous). He (the Imam) said, ‘No, it also is not for the people of Bustan, Dhat al-Trq, people of ‘Usfan and so on.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has said the following: “One of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘A virgin girl when living with her parents cannot appoint anyone to solemnize her marriage. In the absence of her father anyone can ask her to be appointed as her guardian.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

3. Ali ibn Ibrahim has narrated from his father from Hammad ibn ‘Isa from Hariz who has said the following: “This is about the words of Allah, most Majestic, most Glorious, ‘That is for those whose family is present in Masjid al-Haram.’ (2:196) Abu ‘Abd Allah (a.s.), has said, ‘It applies to those whose homes are within eighteen miles from the front, back, right and left from Masjid al-Haram.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

3. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from Dawud ibn Sarhan who has said the following: “This is concerning my question before abu ‘Abd Allah, Alayhi al-Salam, about the case of a man who wants to give his sister in marriage. He (the Imam) said, ‘He must have her permission and if she remains quiet it is her affirmation. If she refuses he must not give her in marriage, if she says, “Give me in marriage to so and so” then he must give her in marriage to whom she has chosen. An orphan in the care of a man must not be given in marriage without her agreement.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

4. Ali ibn Ibrahim has narrated from his father from ibn Faddal from certain persons of his people who has said the following: “Abu ‘Abd Allah, Alayhi al-Salam, has said, ‘Expressing kindness and compassion has two aspects: The aspect of al-Walayah (guardianship) and that of intercession.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

4. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Dawud from Hammad who has said the following: “I once asked abu ‘Abd Allah (a.s.), about the people of Makkah if they can perform al- Hajj al-Tamattu‘ (advantageous). He (the Imam) said, ‘It is not permissible for them to perform al- Hajj al-Tamattu‘ (advantageous).’ I then asked if a resident could perform al-Hajj al-Tamattu‘ (advantageous). He (the Imam) said, ‘If one resides there for one or two years he is considered as people of Makkah.’ I then asked if one who stays there for one month can he perform al-Hajj al- Tamattu‘ (advantageous)? He (the Imam) said, ‘He must perform al-Hajj al-Tamattu‘ (advantageous).’ I then asked, ‘Wherefrom must he commence his al-Hajj?’ He (the Imam) said, ‘He must go out of al-Haram (the sacred area).’ I then asked, ‘Where must he say Talbiyah for al-Hajj?’ He (the Imam) said, ‘He must say Talbiyah from where people say it.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

4. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad ibn ‘Uthaman from al-Halabiy who has said the following: “This is concerning my question before abu ‘Abd Allah, Alayhi al-Salam, about the case of a man who gives his daughter in marriage to someone without her permission. He (the Imam) said, ‘With the existence of her father she has no say and commandments. If he gives her in marriage it is permissible even if she dislikes.’ He (the Imam) was asked about the case of a man who wants to give his sister in marriage. He (the Imam) said, ‘He must have her commandment, permission and if she remains quiet it is her affirmation and if she refuses he cannot give her in marriage.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

5. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from ‘Abd al-Rahman ibn al-Hajjaj who has said the following: “I once said to abu ‘Abd Allah (a.s.), that I want to reside in Makkah, what am I required to do? He (the Imam) said, ‘When you see the new moon of Dhu al-Hajj ah then go out to al-Ja‘ranah, then assume the state of Ihram from there for al-Hajj.’ I then asked, ‘What am I required to do if I enter Makkah and remain there until the day of al-Tarwiyah (eight of Dhu al-Hajj ah) without performing Tawaf around the House?’ He (the Imam) said, ‘(If you) stay there for ten days but do not visit al-Ka‘bah, it is a long time and you cannot leave it as if neglected. However, when you enter Makkah, you can perform Tawaf around the House and perform Sa‘y between al-Safa’ and al- Marwah.’ I then asked, ‘Is it not the case that it is considered as coming out of the state of Ihram after Tawaf and Sa‘y between al-Safa’ and al-Marwah? He (the Imam) said, ‘You commence with Talbiyah.’ Then he (the Imam) said, ‘Whenever you perform Tawaf and two Rak‘at Salat (prayer), then commence with Talbiyah.’ He (the Imam) then said, ‘Sufyan, your faqih came to me and said, “What makes you to instruct your followers to assume the state of Ihram from al-Ja‘ranah?’” I said to him, ‘It is a place of the places wherefrom the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, assumed the state of Ihram.’ He then asked, ‘Which one of the Miqat (place for assuming the state of Ihram) of the Messenger of Allah is it?’ I then said to him, ‘The Messenger of Allah assumed the state of Ihram from this place when he distributed gains of the battle of Hunayn and upon returning from Ta’if.’ He said, ‘This is what I have taken from ‘Abd Allah ibn ‘Umar who upon seeing the moon would call aloud for al-Hajj.’ I then said, ‘Was he not an acceptable person among you?’ He replied, ‘Yes, he was acceptable. However, did you not know that the companions of the Messenger of Allah would assume the state of Ihram from the Masjid?’ I then said, ‘These people were to perform al-Hajj al-Tamattu‘ (advantageous), with blood on their necks (they owed to offer sacrifice) and those people were people of Makkah who could not perform al-Hajj al-Tamattu‘ (advantageous). I liked that they go out of Makkah to one of the Miqat (place for assuming the state of Ihram) and remain absent for a few days.’ He (Sufyan) then said to me, ‘I will report that it is one of the Miqat (place for assuming the state of Ihram) of the Messenger of Allah and I will see that you, O abu ‘Abd Allah, will not do so.’ I then laughed and said, ‘I will, however, see that they do so.’ ‘Abd al-Rahman then asked about the women with us and about what they are required to do. He (the Imam) said, ‘If privacy was not an issue in the case of women, I would instruct those of them who perform al-Hajj for the first time to go out. So instruct those of them who perform al-Hajj for the first time to commence al-Hajj with the new moon of Dhu al-Hajj ah and those of them who have performed al-Hajj before to commence al-Hajj on the fifth of Dhu al-Hajj ah or on al-Tarwiyah (eight of Dhu al-Hajj ah).’ He went out and we stayed. Certain ones of the women with us who performed al-Hajj for the first time became ill (experienced Hayd (menses)). On fifth of Dhu al- Hajj ah he came and I then sent him (the Imam) a message that certain ones of the women who perform al-Hajj for the first time have become ill, ‘What are they required to do?’ He (the Imam) said, ‘They must wait until al-Tarwiyah (eight of Dhu al-Hajjah). If they become clean they commence (say Talbiyah) for al-Hajj, otherwise, before the day of al-Tarwiyah (eight of Dhu al-Hajjah), they must assume the state of Ihram and others commence (say Talbiyah) for al-Hajj on the day of al-Tarwiyah (eight of Dhu al-Hajjah).’ I then asked, ‘There is a new born child with us. What must we do?’ He (the Imam) said, ‘Instruct the mother to meet Hamidah and asked her about what to do about the child.’ She went to her and asked about what to do. She (Hamidah) told her, ‘On the day of al-Tarwiyah (eight of Dhu al-Hajjah) assume the state of Ihram for him (the child), take off his clothes and give him Ghusl (bath) as people in the state of Ihram take off their clothes, make him stay in the staying places and on the day of sacrifice throw pebbles for him. Shave his head and instruct the slave-girl to perform Tawaf with him (Sa‘y) between al-Safa’ and al-Marwah.’ I then asked him about a man of the people of Makkah who goes to certain cities and returns to Makkah and passes by a certain Miqat (place for assuming the state of Ihram). Can he perform al-Hajj al-Tamattu‘ (advantageous)?’ He (the Imam) said, ‘I do not think he cannot do so, if he were to do; while I like his commencing (saying Talbiyah).”’

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

5. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from Ja’far ibn Sama‘ah from Aban from ibn Fadl ibn ‘Abd al-Malik who has said the following: “Abu ‘Abd Allah, Alayhi al-Salam, has said, ‘The girl who is with her parents cannot appoint someone (to solemnize her marriage) when her father wants to give her in marriage; he is more careful than her. A woman for her second marriage must be asked for her permission if she lives with her parents and they want to give her in marriage.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

6. A number of our people have narrated from Sahl ibn Ziyad from al-Hassan ibn Mahbub from ‘Abd Allah ibn Ghalib from Thabit abu al-Miqdam who has said the following: “Once I was with abu Ja’far (a.s.), when a deceased from the people who believe in predestination was brought; and I was near him (the Imam) and heard him (the Imam) say, ‘O Lord, it is You who have created these souls and You cause them to die and give them life. You know their secrets and their public affairs better than we know. You know the permanent and temporary ones among them. O Lord, this is Your servant. I do not know anything evil about him and You know better about him. We have come to intercede in his favor after his death. If he deserves, accept our intercession in his favor and raise him with those whom he loves.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

6. Ali ibn Ibrahim has narrated from his father from ‘Isma‘il ibn Marrar from Yunus from ‘Abd Allah ibn Sinan who has said the following: “I once heard abu ‘Abd Allah (a.s.), say, ‘One who resides in Makkah for one year is like the people of Makkah, thus, he must perform al-Hajj in Ifrad manner (al-Hajj without al-‘Umrah) along with the people of Makkah. However, if one resides in Makkah for less than one year, he is required to perform al-Hajj al-Tamattu‘ (advantageous).’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

6. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from ‘Abd Allah ibn al-Salt who has said the following: “I once asked al-Rida’, Alayhi al-Salam, about the case of a small girl whose father wanted to give her in marriage: if she had any commandment. He (the Imam) said, ‘No, with the existence of her father she has no commandments.’ I then asked about a virgin who has grown like other woman; if she has any commandment with her father. He (the Imam) said, ‘No, she does not have any commands with her father until she grows up.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

7. Al-Husayn ibn Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali from Aban ibn ‘Uthman from Sama‘ah who has said the following: “I once asked abu al-Hassan (a.s.), about a man who resides in Makkah: if he can perform al-‘Umrah of al-Hajj al-Tamattu‘ (advantageous). He (the Imam) said, ‘Yes, he can do so. He goes out to a Miqat (place for assuming the state of Ihram) to say Talbiyah, if he likes.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

7. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn Mahziyar from Muhammad ibn al-Hassan al-Ash’ariy who has said the following: “Certain ones of sons of my uncle wrote to abu Ja’far al-Thaniy (a.s.), asking about the small girl whom her uncle gave in marriage to someone and when she grew up she disagreed with the marriage. He (the Imam) wrote back in his own handwriting, ‘She must not be forced, and the command is her command.”’

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

8. Ali ibn Ibrahim has narrated from his father from Hammad ibn ‘Isa from Hariz from those whom he has mentioned who has said the following: “Abu Ja‘far (a.s.), has said, ‘If one enters Makkah to perform al-Hajj for others then remains in Makkah for one year, he is considered as one of the people of Makkah. If he wants to perform al-Hajj for himself or wants to perform al-‘Umrah after returning from ‘Arafat, he cannot then assume the state of Ihram in Makkah. He must go out to a Miqat (place for assuming the state of Ihram) and every time he changes, he is required to go to a Miqat (place for assuming the state of Ihram).”’

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

8. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ahmad ibn Muhammad ibn Abu Nasr that Abul Hasan (as) said, "In the case of a virgin, her remaining quiet is her permission, and a woman for her second marriage has her own command and power of decision making."

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

9. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from Safwan from Abu al-Fadl who said the following: “I resided in Makkah and I asked Abu ‘Abdillah (a.s.), about wherefrom should I assume the state of Ihram for al-Hajj. He (the Imam) said, ‘You must assume the state of Ihram from where the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, did which is al-Ja‘ranah, which is the place where victory came to him several times like the victory of Ta’if, Khaybar and the Victory.’ I then asked, ‘When should I go out?’ He (the Imam) said, ‘If it is your first al-Hajj, you can go out on the second day of Dhu al-Hajjah, but if it is not your first al-Hajj, then you can go out on the fifth of Dhu al-Hajjah.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

9. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Isma’il ibn Bazi’ who has said the following: “I once asked abu al-Hassan (a.s.), about the case of a small girl whose father gave her in marriage, but he died before her husband went to bed with her; if her marriage was permissible or it was it up to her to decide. He (the Imam) said, ‘Her father’s giving in marriage is permissible.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

10. Ali ibn Ibrahim has narrated from his father from ‘Isma‘il ibn Marrar from Yunus from Sama‘ah from Abu ‘Abd Allah (a.s.) who said, “If a resident of Makkah enters it for ‘Umrah in non-Hajj months, like Rajab, Sha‘ban or the month of Ramadan or other months, except the months of Hajj, for the months of Hajj are Shawwal, Dhu al-Qa’dah and Dhu al-Hijjah; whoever enters it (Makkah) for 'Umrah in non-Hajj months and thereafter wants to assume the state of Ihramn, let him go out to al-Ja‘ranah. He can assume the state of Ihram there, then go to Makkah and continue Talbiyah until he can see the House. He then must perform Tawaf around the House, pray a two Rak‘at Salat (prayer) near Maqam (station) of Ibrahim (AS), then he must go for Sa‘y between al-Safa’ and al-Marwah. He then must complete Taqsir (cut or trim a part of his nails or hair) and come out of the state of Ihram. Thereafter, on the day of al-Tarwiyah (eight of Dhu al-Hijjah) he must say Talbiyah (for al-Hajj).”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

5. Ali ibn Ibrahim has narrated from his father from ‘Abd Allah ibn al-Mughirah from a man from Sulayman ibn Khalid who has said the following: “Abu ‘Abd Allah, Alayhi al-Salam, has said to say this, ‘(I testify that only Allah deserves worship, He is one and has no partners and I testify that Muhammad is His servant and Messenger). O Allah, I pray to You to grant compensation to Muhammad and his family worthy of their services to Your cause. O Lord, accept his intercession, brighten his face and increase the number of his followers. O Lord, forgive me, grant me mercy and accept my repentance. O Lord, forgive those who repent, follow your path and save them from the fire of hell. . . .’ (40:7) If the deceased is a believing person, he goes to paradise; if he is not a believer, he goes out of it.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.