Why emphasis on ‘understanding’ fatwa rather than its mere reading?
- In previous discussions we have proved the basis of ‘Tatbir’ through
- Direct Nass
- Principles established through Mutawatir Nass
- Default of an action as Halal.
Even if a person does not believe in Taqleed or even if a person is from AhleSunnat then too he has to believe ‘blood letting’ in Azadari as Halal based on these reasonings.
But moving ahead, it is also necessary for those masses of Shias that do Taqleed to inform & explain to them the Fatwas of their Maraje so that they can follow them correctly.
- Presently, it is seen at some places that there is a race to collect Fatwas of Mujtahideen, but unfortunately not with the aim to follow the Maraje. Rather it is to make the Fatwa of the Maraje follow the whims & fancies of the Muqallid! Allah Ta’ala protect us from such an act.Unfortunately, there are people who have formed an opinion that ‘tatbir’ is haraam, Allah protect us from such thoughts, and then to prove their own points they are misreading & making others too misread or even going to the extent of editing the Fatwas and forwarding it.The outcome is that many muqallideen are now stranded with an understanding that 2 contradicting fatwas of his Marja lay in his hands! Now what is he supposed to do? Given the situation, the easiest way a muqallid finds is to follow his own desire!Also, there is a wrong & ugly feeling coming up that my qualified Marja and your qualified Marja are at loggerheads with each other.In fact, they are on one page and the Muqallideen are getting divided due to misunderstanding.
We need to quote a few Fatwas of Mujtahideen and explain on how to correctly read & understand them including:
- Understanding the difference of fact & law.
- Does your Mujtahid decide the facts or you decide it. What if you give wrong facts in seeking fatwa?
- Understanding unwaane awwal (original fact) and the unwaane saanvi (secondary fact).
- When fatwa mentions only unwaane saanvi then what is its meaning in unwaane awwal?
- Importance of original text in Arabic, Persian and directly from Mujtahid, cross-verifiability of fatwa, etc. in matters of high importance like Azadari, etc.
- The process involved in answering your questions by famous Mujtahideen like Ayt. Sistani, Allah protect him. Looking from the side of the office of the Mujtahid.
- Scope of Fatwas according to Mujthaideen themselves. What happens when our question is beyond the scope of Fatwa like on facts, history, Aqaed, present political scenario, etc.
- Also, by quoting various Mujtahideen we will try to learn something beyond the borderlines of Halal & Haraam. Islam is much beyond such borderline. Also, IA will get barkat, wisdom, knowledge from their statements though not in the strict sense of Halal & Haraam which we get from our own Marja.
- The Hukum of Agha Khamenei & his sub-ordinates regarding Tatbir has some intricacies and also different in nature to fatwa. It is also connected to the concept of ‘Wilayat e Faqih’. Most of readers are not yet aware of this concept from scratch. To explain the Hukum, we will also have to explain the concept of Wilayat e Faqih according to famous Mujtahideen, qualities & qualifications of Wali, it’s scope, its applicability, the necessary steps involved in hukum according to Fatwas of various Mujtahideen, the role of boards/ committees in hukum, etc. Getting into all this here, will take us far beyond the scope of this topic.We have already proved that basically ‘cutting of body’ and ‘letting out of blood’ is Halal in itself when without the zikr of Imam Hussain alayhessalam according to Agha Khamenei too. Then it will be too needless to get into intricacies and confuse the readers here.Also, the concept of Wilayat e Faqih has far too many differences between the Mujtahideen as itself does not seem to have any proof directly from Sunnat to have such powers for non-Masoom of ruling & Governing in place of Masoom alayhessalam and giving hukum in his place when not directly appointed by him. Trying to understand such huge differences and teaching readers the A, B, C of Wilayat e Faqih and then teaching them ‘letting out of blood’…such lengthy process is too needless here.Also, some objections are raised by followers of Agha Khamenei on discussing views related to him. We respect their feelings and accept their advice here. We do not have the slightest of intent to hurt any Momineen.We may see later if appropriate to deal with it separately but not here. May Janabe Zainab salamullah alayha give us the strength & courage to serve the cause of Imam Hussain alayhessalam and bless all our respectable Mujtahideen and all momineen.
- The actual action in tatbir is ‘cutting of body’ and ‘letting out blood’. We challenge the entire Muslim Ummat hereby to give any proof from the Nass that ‘letting out blood’ is Haraam in itself. There is no such proof. Rather complete proof is there from Nass accepted by both the Shia and AhleSunnat without any doubt, that ‘letting out blood’ is halal. Our challenge is open till the day of Qiyamat. Also, our challenge includes the practice of Iran & Saudi, one is headed by Agha Khamenei, who is sitting on the seat of Wali e Faqih from the Shia and the other is the Wahabi/ Salafis who dole out the fatwas of Kufr, Bid’at, Haraam so easily out of their pockets. The challenge is that give us a practice where ‘cutting the body’ and ‘letting out of blood’ is banned by itself when a person wants to do it for an unnecessary action like cosmetic surgery, feeling fresh, etc. Rather, it is an open fact that even in these countries it is totally allowed and not considered haraam when done without the zikr of Imam Hussain alayhessalam.From AhleSunnat/ Salafi side also it is unacceptable to see a Fatwa of Haraam on a basically undoubtable halal action merely because zikr of Imam Hussain Alayhessalam is added to it! But this kind of Fatwa is unimaginable from a Shia Mujtahid.So what do we do with all these Fatwas circulating of our Maraje some saying Halal and some others (mis)understood as haraam?Hence, we quote & read them again carefully, also have original language quotations where required, explain & use accepted rules to understand them.The fact of the matter will become clear that all Mujtahideen are almost ‘ONE’ on the Fatwa related to ‘Tatbir’. The fatwas differ from ‘Mubah’ or ‘Mustahab’ fi nafsehi. Both the Mubah or Mustahab fatwa fall under the category of Halal and hence practically there is no basic difference between the hundreds of Fatwas running across the social media. The difference is in our head!
It was actually ‘different understandings of different Muqallideen’ that was assuming having such huge swing between ‘Halal’ and ‘haraam’.
request to respect all Mujtahideen.
pls spread the message.
Understanding the fatwa of Ayatullah Naini r.a. which is endorsed by other Mujtahideen:
Ayatullah Naini rahmatullah alayhe, is called Ustad ul Fuqaha. Many of the Mujtahideen of the past many decades are either his students or students of students.
Mujtahideen take pride to have attended the lectures of Ayatullah Naini or to have done research on the text written by Ayatullah Naini r.a.
His Fatwa regarding Tatbir is very important because there is a huge list of Maraje who have worked on the text of this fatwa and then endorsed it. It is pertinent to mention here that the famous Mujtahideen of his time and all the Mujtahideen that followed him have agreed on his Fatwa:
لا إشكال في جواز اللطم بالأيدي على الخدود والصدور حدّ الاحمرار والاسوداد، بل يقوى جواز الضرب بالسلاسل أيضاً على الأكتاف والظهور إلى الحد المذكور، بل وإن أدّى كل من اللطم والضرب إلى خروج دم يسير على الأقوى، وأما إخراج الدم من الناصية بالسيوف والقامات فالأقوى جواز ما كان ضرره مأموناً وكان من مجرّد إخراج الدم من الناصية بلا صدمة على عظمها ولا يتعقب عادة بخروج ما يضر خروجه من الدم ونحو ذلك كما يعرفه المتدربون العارفون بكيفية الضرب ـ ولو كان عند الضرب مأموناً ضرره بحسب العادة ولكن اتفق خروج الدم قدر ما يضر خروجه لم يكن ذلك موجباً لحرمته، ويكون كمن توضأ أو اغتسل أو صام آمناً من ضرره ثم تبين تضرّره منه،
It is permissible to hit oneself on the face & chest, even if it causes the body to turn red or black. Likewise, the use of chains (bladed or non-bladed) on the shoulders and back causing the body to turn red or black or even blood to emerge is permissible.
With regards to striking oneself with a sword on the head causing blood to emerge, if the person – while doing it -feels safe from Zarar (excessive harm), it is permissible.
Actions that cause blood to emerge from the head should be done so without harming the skull, and normally this is the case, since those who perform this act are knowledgeable about how to do it.
If whilst in the state of hitting oneself on the head with a sword, one felt safe from Zarar (excessive harm) as is the common practice, however during this act excessive blood which reaches the level of Zarar (excessive harm) happens to flow, it will not become haraam.
It remains like a person who performs Wuzu or Ghusl or fasting feeling safe from Zarar but later it is found that Zarar is actually caused to him.
References:
Fataawa Al Ulama Al Aalaam Fi Tashjee’ Al Shair AlHussainiya, Pg. 5.
Nusratul Mazloom, Ayt. sheikh Muzaffar, 20.
[In fact, the Persian book ‘عزادارى از ديدكاه مرجعيت شيعه ,للشيخ علي رباني’ has quoted around 250 Mujtahideen who have allowed tatbir along with many hand-written fatwas of Mujtahideen.]
Questions related to above fatwa text:
Q1. There is a condition mentioned in the fatwa- if the person – while doing it -feels safe from Zarar (excessive harm).
A. When condition mentioned then how can you just say it is permissible?
B. I have seen one more translation online which does not mention the word ‘Zarar’ in translation and also your words in bracket- (excessive harm) is not mentioned there. In fact, it states “if done without any harm”. Are you changing the translation to fit your concepts? In fact, even in some Urdu translations the word ‘Zarar’ is mentioned without the bracket. We all know that ‘Zarar’ literally means ‘Harm’. Pls explain.
Q2. Hitting oneself on the face to cause red/ black/ bleeding is generally considered by Mujtahideen as Makrooh or Haraam. Then how come here the Fatwa says ‘permissible’?
Reply in next part….
ls read & spread the message.
Further,
All Mujtahideen after Ayatullah Naini have basically agreed with his Fatwa. Hence, we quote with some names as well here:
Ref.:
نجاة الأمة في إقامة العزاء على الحسين والأئمة عليهم السلام للسيد محمّد رضا الحسيني الحائري, pg. 105/6
وفتوى المحقّق النائيني (قده) في الجواز مشهورة وقد تابعه جلّ معاصريه وكلّ من أتى بعده، كالفقيه الأوحد السيد ميرزا عبد الهادي الشيرازي، والسيد ميرزا مهدي الشيرازي، والسيد حسين الحمامي، والسيد محسن الطباطبائي الحكيم، والسيد محمود الشاهرودي، والشيخ محمّد رضا آل ياسين، وغيرهم أعلى الله مقامهم، وهو بعنوان العزاء مستحب
Besides the above reference, another reliable source also gives these names of famous Mujtahideen:
Ayatollah al-Udhma al-Seyyid Mohsen al-Hakim,
Ayatollah al-Udhma al-Seyyid Muhammad Kaadhem al-Shari’atMadari,
Ayatollah al-Udhma al-Seyyid Abd-el-A’la al-Sabzewary,
Ayatollah al-Udhma al-Seyyid Abul-Qassim al-Kho’i,
Ayatollah al-Udhma al-Seyyid Muhammad Ridha al-Gulpaygani,
Ayatollah al-Udhma al-Seyyid Ali al-Hussaini al-Seestani,
Ayatollah al-Udhma al-Seyyid Muhammad Saadiq al-Rouhani,
Ayatollah al-Udhma al-Mirza Jawaad al-Tabrizi,
Ayatollah al-Udhma al-Sheikh Hussain al-Waheed al-Khurasani,
But of course the list is very expansive and not limited only to these personalities.