Ijma of all Shia fuqaha on Tatbir being Halal

Question on Aqaed.org
Question:
عرفت أنّ بعض العلماء يحرّمون التطبير، فكيف يمكن أن يتردّد الأمر بين الحرمة وبين الاستحباب، فهناك تفاوت كبير؟!

I know that some of the ulama hold tatbir as haraam, then how is it possible that the issue oscillates between haraam and istehbab as this is far too big a difference?

Answer :

الأخت كوثر المحترمة
السلام عليكم ورحمة الله وبركاته
كلّ عمل لم يرد فيه نهي أو حرمة من الشريعة يكون الأصل فيه الإباحة، فالتطبير بالعنوان الأوّلي مباح عند جمهور الفقهاء، فإنّه وإن كان فيه ضرر, فإنّ هذا الضرر لا يوصله إلى مرحلة الحرمة, نعم لو كان في التطبير إزهاق نفس أو تلف عضو وما شابه ذلك فإنّه يدخل تحت عنوان الحرمة…….

All actions where there has not come stopping or haraam in Shariat then it’s asl (default) is ibahat (allowed). Hence, tatbir halal in unwaane awwal is allowed in the view of all fuqaha. This is so, even if there is zarar (harm), for surely this zarar does not reach the stage of hurmat. Yes, if there was in tatbir killing of the self or wasting of an entire part of human body or similar zarar (like seizure of abilities like eyesight) then it would have entered into the unwaan of hurmat.

Please take care of the love of Imam Hussain alayhessalam in your hearts as it is your valuable treasure that Iblis Lanatullah cannot see it with you.

Pls read & spread the message for the sake of Ishq e Hussain alayhessalam in our hearts.

Understanding Ayatullah Khui, Ayatullah Sistani viewpoint on tatbir

As mentioned, Aqaed.com is officially working under the very auspices of Ayt. Sistani’s office and hence we cannot expect that this website rigorously promotes a concept that is against the viewpoint of Ayt. Sistani, Allah protect him. It would be too senseless to consider as such. Earlier, it was working under the auspices of Ayt. Khui.

This is a highly important website under Ayt. Sistani office as it is supposed to lead the Aqaed of Shia community and reply to doubts/ criticism of other faiths against Shias faith.

Aqaed.com has discussed Tatbir as halal in so much of details that at least 50 pages or more are dedicated on directly preaching tatbir. There are probably a 1000 references, evidences, reasonings provided in support of Tatbir as Halal not only according to all Shias but proving beyond doubt that tatbir should be Halal according to AhleSunnat too.

Discussing tatbir in Aqaed rather than limiting to Fiqh gives really high significance to Tatbir.

After all this, it is alarming that some dishonest liars have started websites where they are fabricating or misinterpreting fatwas of our Fuqaha and misleading our community. Such forged websites contain fatwas of our 20/ 40/ 70 mujtahideen in English/ Urdu/ Persian/ Arabic whose words or meanings are changed to show that they are, Nauzubillah, saying that tatbir is Haraam. Whereas, the truth is that all Shia Mujtahideen say tatbir is Halal in itself.

Hence, we need to apply some Ihtiyat at least where the matter affects the whole community like:

1. Ask for original Arabic/ Persian Fatwa. If your Marja is not giving Fatwa in English and there is no other way to confirm directly from Mujtahid about the English fatwa correctness then don’t rely on it but go further into enquiry.

2. Ask for cross-verifiable proofs where you already do not have any cross-verifiable proofs like websites/ books associated officially to the office of your Marja. Fatwas floating on unofficial websites or social media even if with stamps are editable ones and we need to be extra careful that people don’t give forged/ fabricated fatwas to us.

Tatbir is based on a Mutawatir concept, Ijma of all fuqaha like Namaz, Haj, AmrBilMaaroof, etc. that it is NOT HARAAM in itself. In such accepted rules, taqleed is not even necessary to accept that tatbir, Namaz, Haj are NOT haraam. All Muslims need to accept it even without taqleed or even if not a Shia.

Yes, our fuqaha have changed the rule for all of the above with change in Mauzoo (subject matter). When a matter goes to Unwaane Saanvi then the rule changes. Like, many people are quoting Fatwa of Ayt. Sistani “if Azadari includes damaging the body….”. Firstly, as explained earlier, this ‘damaging’ means killing/ losing body part and not damage in literal sense. Secondly, this ‘if’ is with almost entire shariat of Islam like Namaz, Roza, Haj, Zakaat, AmrBilMaaroof, Nahi, etc. IF it is Zarar then it is not allowed. This ways a Yazidi minded person who wants to Suspend the entire Shariat will start taking fatwas of all these action by showing unwaane saanvi of Zarar or tauheen of Mazhab and will keep getting fatwa of Haraam for all these Halal actions. One by one he can get fatwa of all these Namaz, Roza, Haj, etc. as Haraam in this ‘IF’ because actually the Mujtahid is not saying Namaz, Roza, Haj is Haraam rather he is saying killing yourself is Haraam. The Muqallid himself on his own responsibility is associating the unwaane saanvi of killing oneself with Namaz, Roza, Haj, Tatbir and making it Haraam due to dishonest determination of Mauzoo by him.

Example for better understanding:
Some person wants to remove his old mother from his house. But he also wants to show himself as a religious person and also have to overcome his own conscious to do this dirty act. Now he writes to his Marja “My mother wants to kill me so what should I do?”. If the reply is given by the Marja himself then he may add some akhlaqiat in it but still the crux of the reply will be like this “stay away from your mother”. The situation would be worse if the Marja himself is not replying rather his board is replying because then the board will be treating it more on the technical crux of it hence their reply would literally be like this “stay away from your mother”.
Now this dirty pseudo-religious man uses the name of the Marja and throws out his old mother from the house!!
Now those who do not understand the technicalities of fatwa will say that see the Marja asked this person to throw out his old mother from the house. This ways, the entire shariat can be turned upside-down. On one hand the ‘hukum/ rule’ is in the hands of Mujtahid but the ‘Mauzoo/ fact’ is in the hands of Muqallideen to determine.

Like Mujtahid says drinking alcohol is Haraam and drinking water is Halal. Now the Muqallid purposely drinks alcohol daily and says that ‘I think this (Mauzoo/ fact) is water’. It is not the scope of the Mujtahid to decide the fact here nor his responsibility. It is the Muqallid who is to be blamed for drinking alcohol daily while knowingly (mis)considering it as halal water.

The Muqallid can follow Yazid Lanatullah conveniently and change the entire Shariat for himself because Shariat is law in essence (which the Mujtahid defines) but when such law is applied wrongly on Mauzoo then the manifestations of the law would be terribly horrible.

Q: Why Marja does not decide the Mauzoo too so that we can follow religion properly?

Ans.: We can follow religion properly if the Mauzoo is decided by us:

1. There are a trillion Mauzoo across the globe which the Marja cannot possible do any research and decide.

2. The taqleed of Marja may spread to many decades if the Marja after him says that do taqleed of Mayyit. How can this Marja decide the Mauzoo which will come after say 30yrs. from now in some small village in a far off place. Hence, the Marja relies on the Mauzoo of the Muqallid and gives him a Fatwa based on the assumption of the Mauzoo. If that Mauzoo is actually existing or not is the honest decision of the Muqallid.

3. Marja is not an expert of Mauzoo. Rather Muqallideen are experts of Mauzoo. Like he is not a medical expert. So if the Mauzoo is of Zarar then doctor is the right person with better expertise and not the Mujtahid. The very proof that the Mujtahid uses in saying that he is an Islamic law (hukum) expert so people should do his taqleed on law then he uses it to say that doctor is the expert of Zarar determination so the Mujtahid should also accept the doctor/ Muqallid.

4. The Muqallid is directly in touch with the facts and knows better about them. The Muqallid knows better whether his mother really wants to kill him or not. How can the Mujtahid know it. Hence, he gives Fatwa on assumption of truth of the Muqallid in determining the fact, which may actually turn out to be false.

5. Marja sees the overall facts in front of him like saying Namaz, Haj, etc. are overall beneficial for Mankind. His personal opinion also would be that these are beneficial and the Mujtahid would propagate & promote these himself.
But on the other hand, a Muqallid may be in a specific situation where he will get killed even if he prays Namaz at his house. These specific instances, exceptions are not in the reach of the Marja and hence he does not decide on the fact.
Hence, he assumes the situation and gives his fatwa even if the fact is against his personal opinion.

ls read & spread the message.

 

Q. Can we do AmrBilMaaroof or NahiAnilMunkar where the other person is committing sin according to my Mujtahid or my determination of Mauzoo while he is correct according to his taqleed and according to his determination of facts?

Ans. Amr & Nahi are not applicable where the other person is correct according to his taqleed & his sincere determination of facts even if we may feel that he is committing a mistake in it.
Examples:
A. Difference in Taqleed:
Mr. Abid is in Taqleed of Ayt. Khui who says Eid if sighting of moon anywhere where night is overlapping. Mr. Basit is in Taqleed of Ayt. Sistani who says according to horizon. Now, if moon is sighted in Iran and not in Karachi and both stay in Karachi then Mr. Abid will celebrate Eid but Mr. Basit will fast. On the other hand, Mr. Abid cannot force Mr. Basit to break his fast as Mr. Basit’s Marja does not allow him to break his fast on that day.

B. Difference in determining Mauzoo:
Suppose Mr. Abid and Mr. Tanveer do taqleed of Ayt. Sistani. Mr. Abid himself sights Moon but the sighting of Moon is not proved to Mr. Tanveer in Karachi. Mr. Abid will celebrate Eid but Mr. Tanveer will fast. Mr. Abid is correct in celebrating Eid but he cannot force Mr. Tanveer to break fast because the Mauzoo is determined by Mr. Tanveer differently while being sincere.

Q. Ayt. Sistani rule seems to speak on unwaane saanvi alone even when asked about unwaane awwal. As Muqallid of Ayt. Sistani, what is our responsibility in such a situation?

Answer:
1. As explained, Aqaed.com working under the office of Ayt. Sistani has rigorously supported tatbir in more than 50 pages and with around 1000 references/ evidences/ reasonings. Despite its association, it may happen that a few lines maybe written on it which do not fall in line with his view. But such rigorous presentation of a viewpoint and also proving the same for the AhleSunnat that it is halal even for them and in turn then wondering ourselves whether Ayt. Sistani allows it or not in Unwaane Awwal would be too absurd. Aqaed.comsays that all fuqaha believe in tatbir being halal then how is it possible that we doubt the matter that the Mujtahid with whom the website is officially associated also believes that it is halal or not!

2. Previous & present Mujtahideen including Ayt. Sistani, Ayt. Bashir are famous for hosting tatbir in Iraq. If we believe that Ayt. Sistani is hosting despite his view of it being haraam then his Adalat will cease. Hence, we do not have any other way than to believe that Tatbir is allowed according to him.

3. For the sake of argument, even if we suppose that the unwaane awwal fatwa is not clear to us then we have following options:

A. Since Mutawatir concept, Ijma of Mujtahideen are on it’s halal then we consider it halal.

Example: if we cannot find a fatwa of our Mujtahid regarding Zuhr Namaz has 4 Rakaats wajib then too without having the need to refer to the Fatwa, we will follow the Mutawatir & Ijma. Similarly for Mubah actions like ‘walking’ if we do not get fatwa for ‘walking’ (which is not even required) then we can go for it as ‘allowed’ as Mutawatir & Ijma.

I remember when I was quite young age, I wanted to tell my friend not to say lies. I was then going through the Tauzeeh frantically to find the fatwa of ‘lies being Haraam’. Then later I found out that acts that are Mutawatir like lies haraam, Zuhr 4 rakaat, Roza wajib are not themselves in need of fatwas. In fact, if a Mujtahid gives Fatwa otherwise then he goes out of the fold of Adalat/ Mazhab/ religion. Mujtahid may give fatwa on these Mutawatir actions only as a routine and as a starting point so that further discussions where taqleed is applicable can be discussed. Like a Mujtahid starts that there are 4 rakaat in Zuhr. If you have a doubt that you have completed 3 rakaat or 4 rakaat then….. This does not mean we are saying 4 rakaat Zuhr because my Marja is saying so because even if he does not say so I will say 4 rakaat Zuhr. Also, for the sake of argument, if someone says 5 rakaat then I will not follow him rather he will go out of the fold of religion and I will change my taqleed. When we say I am doing an X action because my Marja says ‘yes’ for it then we will have to stop if he says ‘no’ to it. But Mutawatir rules have the status of the Holy Quran in acceptance and are not subject to taqleed of a non-Masoom when the rule of Masoom is clear to us.
Yes, for the details of it like exceptions when can a person say lies, doubts within Zuhr namaz, Mubtilaat of Roza, etc. we need to do taqleed.

B. Remember that there are 3 ways to reach the hukum of Allah Ta’ala. Become Mujtahid, Ihtiyat, become Muqallid. Ihtiyat is better then taqleed but difficult or at times impossible to do. Anyways, since here we cannot be a Mujtahid, we cannot be Muqallid because the fatwa of Mujtahid has not reached us, we can therefore do Ihtiyat.
Now, there is a misconception that when doing Ihtiyat we must consider the act as Haraam and avoid it. But this is incorrect. Like there is a medicine which I am not sure if it is allowed by my Mujtahid or no then I will not consider it as Haraam. It can even be wajib for me.
Hence, Ihtiyat depends on case to case basis. In every case, we have to decide whether the law is limited to what possibilities like wajib, Mustahab, Mubah, Makrooh, Haraam. When all other Mujtahideen say it is actually Mubah/ Mustahab then the Ihtiyat will be any one of these 2 and not at all consideration of Haraam. Also, when a practice is there of Ulama & Fuqaha like they have been regular organisers of tatbir from centuries then we will need a strong evidence & explicit statement to consider it to be Haraam.

C. We do Taqleed of falAalam (second most learned Mujtahid). Since all others say it is allowed then whoever we believe as falAalam say Ayt. Bashir Najafi, Ayt. Wahid Khorasani, etc. then we will go for it being Halal and NOT Haraam.

D. When fatwa of something is asked like:
i. Is eating honey allowed for high sugar levels of a person.
Reply will come:
Honey kills a high sugar level person therefore it is not allowed.
or Honey is not allowed if it will kill you.
Both the above are same. This means:
Honey is allowed
Killing is not allowed.

ii. Is it allowed to eat Honey?
If the reply comes:
Honey has lots of benefits in it. The source of energy is honey. Life saving foods must be taken. Food that kills should not be taken.
This means:
Honey is allowed in itself but can be Wajib or Haraam according to unwaane Saanvi.

Now people who have tatbir fatwas of Ayt. Sistani can compare with above explanations to understand the fatwa of Ayt. Sistani which means it is Halal in itself but can be different in unwaane saanvi like all other actions Namaz, Roza, Haj, etc.

ls read & spread the message.

 

Q. Sometimes the question does not suggest a Unwaane Saanvi but still the answer is with unwaane saanvi. How is that?

Answer:
1. You must understand that when you are sending the question from your side then it is one question. You are imagining a wrong situation where the Marja will take your question and answer it directly. This is not so and not even possible.

You are sending the question in English. You have sent one question but there are thousands more who have written their questions on email as well. Near Muharram, tatbir question may have repeated 10,000 times from various places. All questions have different details where the crux of the matter is same. Anyways, most of the detailed stories that we write do not fall in the scope of Isteftaat. Also, the office does not have time to analyse each question classically with its various details.

Also, all questions are first summarised. If in English then the summary is also translated to original language of the replier either Arabic/ Persian.

There are certain parameters/ skeletons / formats of replies ready with them approved by an expert.

Then the translated summary is matched with a ready format. The ready format of reply has a unwaane saanvi in it so you will get it even if you did not ask for it.

Like question: Is Cigarette smoking allowed?
Reply may be: Cigarette smoking is Haraam if it causes Zarar.

The unwaane saanvi was not there in this question. But there may have come other 1000 questions with this unwaane saanvi like ‘Can we smoke if it harms us?’
Hence, even those other 1,000 questions that do not show unwaane saanvi get the same format answer with the Unwaane Saanvi in it.

Now generally Zarar is wrongly translated as ‘harm’ or ‘damage’. Which will be like this: ‘Cigarette smoking is not allowed if it causes harm.’

The Muqallid will wrongly take ‘harm’ in literal sense which cigarette does cause. Also, Muqallid will feel that since I did not ask for Unwaane Saanvi of smoking but still my Marja has written about unwaane saanvi of being Haraam that means unwaane saanvi must be applicable here and my Marja is guiding me on that Unwaan. Whereas, the matter is that the office of Marja are giving a fixed format reply to the muqallid and do not have any intention, not the scope, not the expertise to tell the Muqallid about the fact.

Hence, the Muqallid will consider smoking Haraam. But then he may see his own Mujtahid smoking!

Same is the case with Honey where a Muqallid may misunderstand it as Haraam whereas he sees on the other hand that Marja is eating honey himself.

This is happening with tatbir where Ayt. Sistani followers are wrongly considering it Haraam whereas Ayt. Sistani himself is openly organising & hosting tatbir himself!

Most of the Muqallideen level of understanding of Fatwas as that of the Holy Quran, Holy Ahadees is too poor. He is not able to understand them appropriately. Also, he is trying to rely directly on the Marja for everything as if the Marja is in direct contact with him for questions and also as if himself has the capacity to discern all the technical statements/ verdicts of the Marja!

Hence, here we see that there is a dire need of guidance of a local/ approachable, adil & Alim who can guide the Muqallideen. Also, the Muqallideen should not run away from quoting & understanding the Holy Quran, Holy Ahadees, Fatwas in a better way. Learning & education of a Muqallid is required even if he is not a Mujtahid and is merely following his Mujtahid as in taqleed because even to understand the Marja there is a capacity building required.

I wanted to write around 7-8 parts more but the readers are becoming impatient and want to change the topic. Hence I conclude in next brief part.

We will IA continue next year before Muharram.

ls read & spread the message.

We give 2 citations from Aqaed.org which is under the auspices of Ayt. Sistani, Allah protect him, so as to get a finishing understanding on tatbir as necessarily a Halal action. Though if I got an opportunity then I would have quoted around 30-40 references & links from Aqaed.org:

http://www.aqaed.org/faq/2293/

Question:
في زمن الفضائيات وسهولة انتقال الخبر، هل يصحّ القول بأنّ ما يقوم به الشيعة في مختلف البلدان في مناسبة عاشوراء، وخصوصاً القاسي منه، يؤدّي إلى عكس صورة غير حضارية عن الطائفة في بلاد الغرب؟

Q. In these days of space and facilities to transmit news, is it correct to say that what Shias practice in various countries on the occasion of Ashura, specially the more inflexible ones from among them, leads to an opposite image of being uncultured to the people of the west?

Answer:
أوّلاً: إنّ للغرب معاييره ومناهجه ومفاهيمه عن الحياة، وله أيضاً قِيَمه التي يؤمن بها، ويلزم نفسه برعايتها… ولنا نحن قيمنا ومفاهيمنا، وديننا ومناهجنا، فلماذا نلزم أنفسنا بالتقيّد بما يرضيهم عنّا، أو بما يسمّى: حضارة حسب مقاييسهم؟!
ولماذا لا يكون العكس؟! أو لماذا لا نلتزم نحن وإيّاهم بما يرضي الله تعالى, فنعمل على توحيد المناهج والمفاهيم, وتحديد المثل والقيم الصحيحة، لتكون هي الأساس في التعامل فيما بيننا وبينهم..
إنّ إرضاء الغرب عن المسلمين، أو عدم إغضابهم، من الأمور المستحيلة ما دام المسلمون متمسّكين بدينهم وبقيمهم، قال تعالى: (( وَلَن تَرضَى عَنكَ اليَهُودُ وَلاَ النَّصَارَى حَتَّى تَتَّبِعَ مِلَّتَهُم )) (البقرة:120)……

Firstly: Surely for the west, they have their values, their ways, their understandings about living. Also, they have their values that they believe in and prepare themselves to practice according to them……. And we have our values and our understandings. We have our religion and our ways. Hence, why should we place on ourselves the burden & restrictions merely to please them.? Or try to achieve what they claim: ‘Culture’ according to their standards?

And why it cannot be the opposite?
Or why it cannot be that we and they both heed to what pleases Allah Ta’ala. So we work on unity of ways & actions and definitions of harmony & values that are truly correct. So that these become the foundations of interactions of what is between them & us.
Surely satisfaction of the west from Muslims or absence of their annoyance from Muslims are from the impossibles till the Muslims hold firm to their religion & values.
Allah Ta’ala says: ” And the Jews will not be pleased with you, nor the Christians until you follow their religion.” Al-Baqrah, 2:120.

Pls read & spread the message for the sake of Ishq e Hussain alayhessalam in our hearts.

Concept of Zarar

Question 1B: 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.

Answer: one of the major problems that happens which the reader may even gather an opposite meaning (actually Halal to misunderstand as Haraam) from it is the meaning & translation of word ‘Zarar’ mentioned in the Fatwa. Ayatullah Naini has also used the word ‘Zarar’ and people have wrongly meant merely ‘harm’ from it. This problem also comes in fatwas of other Mujtahideen like that of board of Isteftaat of Ayatullah Sistani, Allah protect him.

Now if a person wants to say that tatbir is Halal will say that see Ayt. Naini specifically says that it is Halal.
If a person wants to say that it is Haraam, then he will say see Ayt. Naini is bringing a condition “-if no harm-” and it is obvious that Matam on face or on head with swords causes harm in literal sense so actually he is saying ‘not allowed’!

This has happened too frequently in case of Maraje like Ayt. Khui, Ayt. Sistani, Ayt. Bashir, etc. who have their Muqallideen spread across the globe in great numbers. (Agha Waheed e Khorasani, who also is a great accepted Marja of our times has not been easily misinterpreted as above because his students have done a great work to spread his words & meanings across.)

This is how list of 70 Mujtahideen is prepared and put online by misinterpretation of the term ‘Zarar’ in a literal sense ‘harm’ instead of keeping it in its original meaning of ‘Fiqh terminology’.

‘Zarar’ is a fiqh term and not supposed to be meant/ translated in literal sense. There is a difference between ‘term’ and ‘literal’ meanings in almost all technical texts including the Holy Quran, Holy Ahadees, Fatwas of Mujtahideen. It cannot be taken merely in literal sense at all.

Example: In the Holy Quran the term ‘Salaat’ is used specifically for a set of actions like 4 Rakaat of Zuhr. The literal sense means ‘Attention/ Invocation’. Now it is wrong to mean this word of Holy Quran in literal sense and if somebody starts paying attention through Yoga or like the Ismailis, replace Salaat with Dua then they are not following the Holy Quran. Rather it is a term and it must mean what the term is defined as and not in literal sense.

This is true also in all technical documents of the present world. Those who are lawyers, judges, etc. who have knowledge of our law of land will understand it better that how wrong it is to change the meaning of a technical term into literal meaning. The whole constitution/ law of our country would fall in mess with such an approach.

Let us read the text of Ayt. Naini carefully. He is saying “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, it is permissible.”

Now whatever he is saying like hitting face red & black, blood, swords, etc. are themselves ‘harm’ in literal sense. Will it then make sense to say cause all these ‘harms’ if you feel safe from ‘harm’!!

The very definition of Matam starts with literal ‘harm’ to self in zikr of Imam Hussain alayhessalam. How do we do Matam without hitting ourselves??

It is like saying “it is allowed to walk to Masjid if you don’t have to move your legs”! Is it possible? Moving legs is an integral part of walking without which walking is not possible.

‘Zarar/ Izrar’ is not haraam only in Maatam as Unwaane Saanvi rather it is haraam in many Ahkamaat like in Roza, Haj, etc. So if we take it in literal sense then almost the entire Shariat gets suspended, Allah protect us from such thoughts.

If somebody goes walking say 200-300 Kms. for Haj or cycling 2000kms for umra or if a young boy of say 9yrs. keeps Roza then all of us get happy.
Is this not Zarar in literal sense? In fact, I have also seen parents stopping their 20Yr. son from Roza saying it will ‘harm’ you or your interests like studies! Can we accept this literal ‘harm’ as an excuse? No, we cannot.

Then how are these Halal and Matam Zarar is Haraam? No, rather all these mentioned are halal and very good rather our definition of Zarar to simply mean ‘Harm’ in literal sense was wrong.

Like, even simply performing Haj has so many ‘harm’ in literal sense involved. In fact, there is ‘harm’ to our efforts, time, money, etc. in literal sense to whatever we do for Allah Ta’ala like education, charity, Namaz, Haj, AmrBilMaaroof, Nahi, business, etc. All these have sawaab even if we are apparently causing harm to our interests for the sake of sacrifice for Allah Ta’ala. These cannot be imagined as Haraam rather they have lot of sawaab based on the sacrifice that we make of our personal interests for Allah Ta’ala. Then why do we turn the tables in case of Tatbir?

Even in Matam literal Zarar has sawaab and according to many Mujtahideen the fiqh term Zarar is not allowed.

Pls check the translations available in Urdu, English or other languages and correct your own concept of this meaning and also correct other’s concept on it.

‘Zarar’ in Matam which some Mujtahideen like Ayt. Naini have disallowed means the following in fiqh:

Reply to Question 1B paused:

Doubt regarding Mahmil on which Janabe Zainab salamullah alayha hit her head:

 

There is a question that has come up that needs to be answered and then we move ahead with our discussion.

Question: when we say Janabe Zainab Salamullah alayha hit the Mahmil with her head which started bleeding. How is it possible when it is known that she was not given honour by the enemies. Hence, when no honour means no Mahmil. When no Mahmil then no bleeding?

Answer: As we go deeper into the facts of Karbala then only further pain & sufferings of AhleBait Alayhemussalam come to light.

Mostly the type of Mahmil used for travelling or Arabs use for their families is called ‘هودج ‘. This is a cushion based covering on top of the camel which makes the traveller comfortable.
But there is another type of Mahmil used by oppressors to extremely torture someone. This is called ‘قتب‘.
Qatab is a small wooden hump which does not have a surface and is so small that it keeps the camel back bare. This keeps hurting the traveller besides not allowing any solace from the bare rough skin of the camel. The traveller remains unsettled, pained, tortured, restless on top of it.

As a proof of usage of such a qatab we quote about torture of Hazrat Abuzar alayhessalam when it was said:

أخرجوه من بين يدي حتى تركبوه قتب ناقته بغير وطاء، 

Take him away from my front till you make him climb a camel with Qatab without a surface,

(أمالي المفيد ص164)

Also, there are numerous proofs available in hadees regarding usage of Qatab for the caravan of Janabe Zainab salamullah alayha.

We quote some here:

ه (صلوات الله عليه) على أحلاس أقتاب الجمال، بغير وطاء ولا غطاء

……and carried his (salwatullahe alayhe) women on the Qatab placed on the camels, without surface and without covering.

(اللهوف لابن طاووس ص170)

Also,

ومنها ما رُوي عن سهل بن سعد الشهرزوري في وصفه لما رأى: ”وإذا بنسوة على أقتاب الجمال بغير وطاء ولا ستر، وقائلة منهن تقول: وامحمداه! واعلياه! واحسناه! واحسيناه! لو رأيتم ما حلَّ بنا من الأعداء! يا رسول الله بناتك أسارى كأنهن بعض اليهود والنصارى! (…) قال: فتعلّقتُ بقائمة المحمل وناديت بأعلى الصوت: السلام عليكم يا آل بيت محمد ورحمة الله وبركاته. وقد عرفتُ أنها أم كلثوم بنت علي، فقالت: من أنت أيها الرجل الذي لم يسلّم علينا أحد غيرك مثل سلامك منذ قتل أخي وسيدي والحسين عليه السلام؟ فقلت لها: يا سيدتي أنا رجل من شهرزور، اسمي سهل، رأيت جدك محمد المصطفى صلى الله عليه وآله. قالت: يا سهل! ألا ترى ما صُنع بنا؟! أما والله لو عشنا في زمان لم ير محمداً ما صنع بنا أهله بعض هذا! قُتل والله أخي وسيدي الحسين! وسبينا كما تُسبى العبيد والإماء! وحُملنا على الأقتاب بغير وطاء ولا ستر كما ترى“!

….”and when the women were on the Qatabs of camels without a surface or covering, and someone from amongst them said: WaaMuhammadaho! WaaAliyaaho! WaaHasanaho! WaaHussainaho! if you would see what the enemies have done to us.
O RasoolAllah! Your daughters are treated like prisoners from the Jews and Christians!……

Sahl said: “I was engaged in fitting the Mahmil and then….”
Umme Kulsum said: “…. and we are carried on Qatabs that have no surface and no covering.”

(مدينة المعاجز للبحراني ج4 ص132)

Sahl says that he was engaged in fitting the Mahmil and then in the same hadees Janabe Umme Kulsum alayhassalam calls the Mahmil as Qatab. Mahmil was a generic name used by Sahl and Qatab was a specific name used by Janabe Umme Kulsum salamullah alayha which shows their interchangeability in usage as above.

Hence, we conclude that the camels of the caravan of Janabe Zainab salamullah alayha did have Mahmil but not the ones used for comfort & honour rather the small humped ones used for extreme torture.

It was this Qatab Mahmil that the hadees talks about here:

فالتفتت زينب فرأت رأس أخيها فنطحت جبينها بمقدم المحمل، حتى رأينا الدم يخرج من تحت قناعها

“Zainab (sa) turned and saw the head of her brother, then hit her forehead on the front part of the Mahmil, until we saw blood coming out from under her veil.”

بحار الأنوار 45: 115، الفردوس الأعلى: 19 – 22، المجالس الفاخرة: 298.

Moreover, our renowned Mujtahideen, Muhaddeseen, Ulama have quoted and relied on this.
They were not kids to say on one side that there was no Mahmil and on the other side say that Janabe Zainab salamullah alayha hit her head on the Mahmil! When we as kids know 2+2 = 4 then we should be rest assured that they too know such simple issues. Rather all of them believe that there was Qatab type Mahmil and hence they say that Janabe Zainab Salamullah alayha hit it with her head.
We should atleast give credit of more than basic understanding of Hadees to our Ulama of such high repute.

Allamah Majlisi a.r. has given his verdict on this hadees as reliable.

فإن هناك من حكم عليها بالصحة كالعلامة شيخ الشريعة الأصفهاني. كما قد رُويت هذه الرواية في مصادر أخرى كمنتخب الطريحي ج2 ص478 وجلاء العيون للسيد عبد الله شبر ج2 ص238 وعوالم الإمام الحسين (عليه السلام) للشيخ عبد الله البحراني ص373. واعتماد أعاظم الفقهاء على هذه الرواية قديما وحديثا يطمئن النفس إلى صحتها، فقد اعتمد عليها الشيخ محمد حسين كاشف الغطاء في كتابه الفردوس الأعلى وأفتى بها، وفي عالم الحوزات يكون اعتماد الأصحاب (أي العلماء) على رواية

Therefore, there is him who has given verdict on its correctness like Sheikh Shariati Isfahani as he has narrated it in another place ‘منتخب الطريحي ج2 ص478 ‘,

وجلاء العيون للسيد عبد الله شبر ج2 ص238

وعوالم الإمام الحسين (عليه السلام) للشيخ عبد
الله البحراني ص373

And Sheikh Muhammad Hussain Kashiful Gita has relied on this hadees and has given his fatwa based on this hadees.

Also, refer Nusratul Mazloom, Ayt. Sheikh Muzaffar, pg. 18 for some of the references.

Aqaed.com, working under the office of Ayatullah Sistani, has also relied on it and submitted it as a proof to all Muslims including Shia & Sunni:

http://www.aqaed.com/faq/2296/

We conclude the answer here and will IA continue back from where we took a pause.

Zarar Explained further

‘Zarar’ in Matam which some Mujtahideen like Ayt. Naini, Ayt. Khui, Ayt. Sistani have disallowed means the following in fiqh:

قال السيد أبو القاسم الخوئي في مصباح الأصول (ج 2 ص 551) أنه يجوز للإنسان أن يضر نفسه (ما عدا القتل وقطع الأعضاء) إذ لا دليل علي حرمته.

Syed Abul Qasim AlKhoi states in Misbahul Usool (Vol. 2, Pg. 551) that it is allowed for a person to cause harm to oneself (except for killing or cutting away of an entire part of body) as there is no evidence of its hurmat.

Hurmat of Zarar to oneself are limited to 3: حرمة الضرر في النفس هو ثلاثة فقط هي:
1. Killing of a person as it is Haraam. 1- قتل النفس فهو حرام.
2. Cutting of an entire part of body (like the limbs) 2- قطع عضو من أعضاء البدن.
3. Destroying one’s abilities (like eyesight). 3- إسقاط قوة من قوي النفس أو البدن

The only evidence in Nass as to causing Zarar being Haraam is of causing meaningless death to oneself. Like the Holy Quran:

وَأَنْفِقُوا فِي سَبِيلِ اللَّهِ وَلَا تُلْقُوا بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ
Sura AlBaqarah, 2:195

This Nass also is considered as irrelevant & incomplete by many.

Also Otherwise, there is Nass that states about Zarar in generic way or, as the Fuqaha believe, in an advisory manner and not as an order.

On the other hand, there is too much of mention in Nass of Istehbab/ wujoob of certain actions that are based on cutting body including bleeding.

Examples:

Most of these are taken from Aqaed.com which was earlier working under the office of Ayt. Khui and now under the office of Ayt. Sistani, Allah protect him.

http://www.aqaed.com/ahlulbait/books/shaeaer/5.htm#4

  1. Circumcision:
    إذا أسلم الرجل اختتن، ولو بلغ ثمانين
    Whenever a person becomes a Muslim then he should do circumcision (Khatna), even if has reached 80 years.[الكافي 6/37]
  2. لا خلاف في استحباب ثقب أذني الغلام. وفي الجواهر [31/263] الإجماع بقسميه عليه، مضافاً إلى السيرة. والنصوص الكثيرة

    And also acts like Hijamah as discussed earlier.

    These & other Wajib & Mustahab acts are based on cutting of body and letting out blood. Hence, if cutting of body & letting out blood were from Haraam Zarar in themselves then these good actions cannot be based on bad deeds.

    Then there are 100s of evidences from the life of Masoomeen Alayhemussalam that they allowed harming themselves in literal sense in the way of Allah Ta’ala. If harming oneself in literal sense was Haraam Zarar then Masoomeen Alayhemussalam would never had allowed harm to be caused to them even in distress, out-of-control or Ibadaat as they are Masooms at all times:

  3. كان – يعني رسول الله – يقوم على أصابع رجليه حتى تورم
    RasoolAllah (Sallallaho alayhe Wa aalehi Wa sallam) used to do Qayaam on fingers of his feet to such an extent that he used to get swellings/ boils.[تفسير علي بن إبراهيم 2/58]
    Similar meaning Hadees also in Bihar 17,257; الخرائج 2/917. م

  4. Imam Sajjad alayhessalam used to extensively exert himself in Ibadat that his color used to change to Yellow & eyes fluidic, and forehead injured, and nose slit due to excessive prostration, boils/ swelling of ankles & legs due to excessive standing in prayers.
    المناقب [4/155]
    والمفيد في الإرشاد [صفحة255]
  5. Imam HASSAN alayhessalam says: there was no one in the world more in Ibadat than Fatema (alayha salaam). She used to stand to the extent that the feet used to get boils/ swellings (بحار الأنوار 43/82.)
  6. AhleBait Alayhemussalam used to go without food for 3 days together which was praised by Allah Ta’ala through the Holy Quran. This starvation for 3 days has been at multiple occasions.
    Sura Al-Insan, 76:7.
    العلامة الفاضل الطبرسي في (مجمع البيان) [9/611- 612]
    والزمخشري في (الكشاف) [4/670].
  7. Aimma (alayhemussalam) did many Haj on feet to the extent that their feet got boils/ swellings whereas they had the facility available to ride
    (سيماء الصلحاء/ 80). Like Imam Sajjad’s Alayhessalam Haj on feet despite his illness and weak body 105 (المفيد وابن شهر آشوب [مناقب آل أبي طالب] أنه سار في عشرين يوماً من المدينة إلى مكة.) and Haj of Hassan (Alayhessalam) walking 25 times (بحار الأنوار 43/399.) and similarly Hussain (Alayhessalam) in riwayat (بحار الأنوار 44/ 192)
    It has also reached us from them regarding enthusiasm to go for Ziarat of Imam Hussain (alayhessalam) walking even if with lots of difficulties.
  8. What has been mentioned earlier of Janabe Zainab Salamullah alayha hitting her head on the Mahmil, Imam Sajjad hitting the wall with head or crying so much so that eyelids get injured and blood starts pouring down. Rather this is the state of all Imams including Imam e Zamana alayhessalam as per reliable ref. given earlier.Furthermore,
  9. Abbas alayhessalam threw away the water from his hands refusing to drink from Furat despite being extremely thirsty merely in lieu of extreme thirst of his brother (سيماء الصلحاء / 80)

    There are more than 100 instances and references narrated on this single page of Aqaed.com! And there are further 100s of references not quoted here. Which makes this concept of ‘causing literal harm to oneself for a good cause as good’ to be Mutawatir beyond doubt. With no stretch of imagination can these be considered as Haraam and of course there is no Shia Faqih who says that causing harm to oneself in literal sense is Haraam.

This concept of Zarar as per Fiqh is explained better in the Fatwa of Ayt. Bashir Najafi, Allah Ta’ala protect him:

Q. Is it permissable to do qama and zanjeer zani hitting yourself with sword and knives?
Ans. It is permitted unless Maula Imam Hussain’s (as) and the Ahl-ul-Bayt’s persecution are considered as propaganda or if he is not allowed by his doctor because it might result in death or losing of a body part.

Hence, it is clear here that Zarar is loss of life or losing of a body part and it is not literal meaning of the word ‘Zarar’. Also, this Zarar is Mauzoo and not Hukum and hence will not be determined by Mujtahideen, Allah protect them, as mentioned clearly here.

Hence, let no one befool us that Ayt. Khui/ Ayt. Sistani/ other fuqaha have given fatwa against harming ourselves in literal sense.

Pls read & spread the message for the sake of Ishq e Hussain alayhessalam in our hearts.

Unwane Saanvi

Question 1A: There is a condition mentioned in the fatwa- if the person – while doing it -feels safe from Zarar (excessive harm). When condition mentioned then how can you just say it is permissible?

  1. Mentioning such a condition is called Unwaane Saanvi. This takes the fact/ action from its origin to another fact/ action by itself. The original fact (unwaane awwal) fatwa is either already over or will proceed but now the Mujtahid is dealing with another fact/ action and its rule. The real need to mention the unwaane saanvi comes when the rule regarding unwaane awwal is different from unwaane saanvi otherwise it was not necessary to mention unwaane saanvi.For example:

 

  1. Even in fasting the condition of ‘La Zarar’ applies. In fact, it applies to too many of Ahkamaat of Islam. But we easily say that Roza is Wajib. We need not start adding all the multitude of unwaane saanvi while mentioning rule of Unwaane Awwal. But when the Mujtahid is writing a comprehensive document on fasting then he may add ‘if no zarar is caused’ with Roza. Even after adding of these words in detailed document, still we will simply say as ‘Roza is wajib’.

 

  1. When unwaane awwal of alcohol is Haraam then there is no real need to again mention a haraam unwaane saanvi. Like you will not find a fatwa like this:
    ‘Drinking alcohol is haraam – if at the time of drinking- the person feels that it is giving a bad name to our religion’!Since, drinking alcohol is Haraam then that’s it. Full stop. No real need to explain another haraam Unwaane saanvi. In fact, when conditional ‘if’ is there then the above will, Nauzobillah, mean ‘drinking alcohol is Halal’ which is so wrong.

 

  1. When unwaane awwal of eating sugar is Halaal then there may come up a need to mention unwaane saanvi based on someone’s question like:

 

Can I eat sugar if it will terribly cause harm to my health due to my diabetes?
Ans. Sugar is haraam if it causes Zarar.

This implies sugar is not haraam rather Halaal. Unwaane saanvi of Zarar is there then that zarar is haraam. In short:

  1. Sugar is halaal.
  2. Zarar is haraam.

These are 2 different rules applied on 2 different facts.

Hence, if someone says, Allah protect us from such thoughts ‘Don’t do Tatbir because these days ignorant people gather wrong image of our religion’ then it means:

  1. Tatbir is allowed
  2. Giving wrong image of our religion is not allowed.

 

  1. When Mujtahid is dealing with the original fact (unwaane awwal) and also separately dealing with Unwaane Saanvi then it obviously means that he is not deciding whether Unwaane Saanvi is applicable in a given situation or not applicable. If he has already decided then he would not have mentioned rule of unwaane awwal as it would be misleading.Example: if the Mujtahid says: “Roza is Wajib. If it is zarar then haraam.”.

    Now if Mujtahid has already decided that Roza is zarar for everybody, Allah protect us from such thoughts, then there was no need to mention Unwaane awwal of Wajib as according to him it is not applicable at all. But when he is saying this unwaane saanvi separately then it means that he is not deciding whether applicable or not. By giving both the original Wajib fatwa and the Unwaane saanvi Haraam fatwa, actually he is asking us to decide whether unwaane saanvi is applicable.

    If it is not applicable and we knowingly apply Unwaane saanvi as an excuse of not fasting then it is not the Mujtahid who is supposed to be blamed because ‘deciding unwaan’ was neither his role nor did he do it but he had left on us to decide sincerely. If we are not sincere in deciding the Unwaane Saanvi then we are the ones who will find ourselves in the fire of hell and the Mujtahid will be in heaven for giving the right fatwas and explaining for both situations.

 

  • Actually, the ‘fact’ is different from ‘law’.
    Example:
    Law: Drinking alcohol is haraam.
    Fact: the liquid in front of you is alcohol or it is water.Mujtahid decides the rule. You decide the fact for yourself.

    Mujtahid will not give Fatwa on a fact like above, say the liquid in front of you is water!!

    Unwaane saanvi is a second fact and hence Mujtahid does not decide the Unwaane saanvi. Actually, he is not even concerned whether such a Unwaane Saanvi can ever be applicable in real life of any Muqallid or no. Deciding actuality/ probability of a fact is beyond the scope of a Mujtahid.

    Example:
    A muqallid writes to Mujtahid: when I take the name of Imam Hussain Alayhessalam on the roads of Karachi then I am sure to be killed. Can I take the name of Imam Hussain alayhessalam on the roads of Karachi?

    Mujtahid will reply in one of these lines given his scope:

 

  1. it is not allowed.
  2. Given the situation, it is not allowed.
  3. Causing death to oneself is not allowed etc.

 

All of above mean the same.

The above Fatwa can be misused by anyone because we don’t understand the fatwa properly. Someone from amongst us can ask us to stop all Azadari on the roads including Julus, etc. based on above Fatwa. The problem is that we don’t understand the fatwa of our Mujtahideen and take wrong decisions.

It is like we go to a doctor and tell him lies that my head is paining whereas the fact is that my stomach is paining. In such a situation, when we get a medicine for headache then we cannot blame the doctor. We told lies to him and not that he decided the fact here.
If 2 persons go separately to a single doctor while having stomach pain. One person says the truth and gets his medicine. The other person goes and says lies that his head is paining and hence that doctor gives another medicine. Now, he cannot say, see the doctor is incapable that he gave a different medicine to me. Also, the liar cannot start giving the headache medicine to others with stomach pain.

When some local Karachi Alim comes to know about this fraud of a muqallid by abusing the concept of ‘Unwaane saanvi’ then he too writes to the same Mujtahid like this:
“When we take name of Imam Hussain alayhessalam on the roads then even non-Shias get attracted towards Imam Hussain alayhessalam.”
Reply will come in one of these lines:

 

  1. It is mustahab
  2. It is wajib
  3. It has more sawaab etc.

 

Now both the above fatwas of the same Mujtahid start circulating amongst the Momineen of Karachi. One says Haraam and the other says ‘Mustahab’ or ‘Wajib’.

This is happening in case of all the different fatwas regarding tatbir floating on social media of the same Mujtahid while one mentions ‘Jaez/ Mustahab/ Wajib’ based on original fact (Unwaane awwal) while the other mentions ‘Haraam’ based on Unwaane saanvi which fact may not at all exist in reality or is due to lies on fact of a mischievous person.

This is why when we give fatwa of 250 Mujtahideen from long/ recent past & present based on original fact then we also get in return list of fatwas of 70 Mujtahideen – from the same list above – who have said Haraam IF Unwaane saanvi. All of them actually mean ‘Halal’ but someone is playing mischief with the concept of ‘Unwaane saanvi’.

What we learn from above examples:

  1. The ‘law’ is given in fatwas by Mujtahideen.
  2. The fact is decided by us so that the rule can be implemented by us on a particular fact.
  3. Unwaane saanvi is a second fact. If we give a wrong second fact then rule will come according to that wrong second fact (unwaane saanvi).
  4. We should not implement such a rule that is based on a Unwaane saanvi that does not exist or is lies.
  5. Mujtahid or his office is not a fact finding mission. It is supposed to only give law to you without considering if a fact is possible or not possible.

[Note: Rule & Fact criteria have some further classifications and sub-classifications. Scope of this discussion is too brief to allow that.]

We continue with examples:
Many of the social media images, websites are giving lists of Mujtahideen that have given fatwa of ‘Haraam’ for tatbir. As discussed, they are all playing straight fraud on us either by changing text or meaning.

  1. On one of the anti-tatbir websites, the fatwa of Ayt. Sistani is quoted as ‘So those actions…..’ Which clearly imply ‘unwaane saanvi’. On another Anti-tatbir social media image, in the same fatwa having the same name of questioner & date but the words were changed to ‘so these actions’. This editing was done by some people & then forwarded so that the clarity of ‘unwaane saanvi’ in the previous statement can be hidden!!!
    This is how some of these people who are telling us to stop doing Tatbir in the name of religion are lying! If it is really for religion then why this fraud & forgery?

Ayatullah Bashir Najafi fatwa is also quoted on some Anti-Tatbir websites & social media as stopping from tatbir!! Here the fraud is done on us in its meaning. Ayt. Bashir Najafi is a living Mujtahid and still how shamelessly they are changing even his Fatwa’s meanings. Can these people be called as people of any religion with such open fraud and lies? There are so many Zaireen that visit Ayt. Bashir Najafi and personally take the fatwa of Tatbir Halal from him. Yet this group is not afraid that their lies will be caught!

Now let us analyse his fatwa based on what we have previously learnt.
His Fatwa from his official website:

Is it permissible to do qama and zanjeer zani hitting yourself with sword and knives?

It is permitted unless Maula Imam Hussain’s (as) and the Ahl-ul-Bayt’s persecution are considered as propaganda or if he is not allowed by his doctor because it might result in death or losing of a body part. Matam-qama or matam-zanjeer should not be done if he is settled in a part of the world where people due to their ignorance or lack of knowledge about Imam Hussain (as) after watching such matam are turned away from Imam Hussain (as). Therefore it should be avoided in front of such people.

Reference: http://www.alnajafi.org/questions-and-answers/40-fiqh/58-question-on-qama-and-zanjeer-zani.html

Now the fatwa on it is short “it is allowed” then comes the unwaane saanvi in detail words to make the reader understand the ‘IF’ condition which may or may not be existent. The Mujtahid is adding these unaware saanvi not because he feels that such a unwaane saanvi exists but because some of the muqallideen may have posed in other questions or because some other Marja also have clarified this Unwaane saanvi. But such unwaane saanvi may merely be on a theoretical/ academical way and not as an actuality because it is not his scope.

This is how a list of 70 Mujtahideen is collected to lie to us that they say don’t do tatbir! Whereas the fact is that all of them say ‘Tatbir is actually allowed in itself’.

Here a supplementary question comes up:
Why unwaane saanvi concept so important. It is haraam so what difference does it make if it is Haraam due to Unwaane awwal or unwaane saanvi?

Answer: Unwaane Saanvi concept is important because it makes the difference between Halal and Haraam here.

If Tabir is considered haraam Fi nafsehi then what we are doing will be Haraam, Allah protect us from such thoughts.
But when it is Halal and a second fact (unwaane saanvi) is Haraam, then like in case of Ayt. Bashir fatwa the zarar or the condition where Tatbir gives bad image to ignorant people may not even exist according to the Muqallid.

It is an important point discussed already that Unwaane Saanvi’s fact will be decided by Muqallid and not by Mujtahid. The Mujtahid may give a viewpoint when he is posed with a supposition. He is giving a theory on an IF and IF we feel applicability of this IF with sincerity & without doubt THEN we will consider the Unwaane Saanvi.

Actually, there are other Unwaane Saanvi’s of Mustahab or of Wajib that can enter into ‘cutting of body’ and ‘letting out blood’ like Zikr of, restlessness, crying for Imam Alayhessalam.

As Ayatullah Millani puts it that the matter of fact is very crystal clear to us, those who are doing Tatbir do not consider it as ‘creating bad image for religion’ rather they are obviously considering it as unwaane saanvi of Zikr of Imam, becoming restless for Imam, etc. and hence they are doing it.

It will be so unwise to suggest otherwise.
Since, Muqallid is obviously considering the Unwaane Saanvi of Mustahab or of Wajib and not of ‘bad image’ then his understanding of the fact in this ‘Unwaane saanvi’ is credible/ applicable and not of the Mujtahid.

Hence, if the fatwa was on Unwaane Awwal then it would have become Haraam. When it is on a merely supposed Unwaane Saanvi which is not considered as applicable by Muqallid to his situation then given the acceptance of other Unwaani Saanvi by him then it is Mustahab or Wajib.

Also, to add, obviously their doctors or themselves do not feel that they will die or their limbs will be cut in Tatbir. We do not do Tatbir with such intention.

Also, even if any one of the Unwaane Saanvi’s of Zikr, Restlessness, crying for Imam Hussain Alayhessalam, which even individually carry lot of sawaab & Sunnat e Muakkadah, does not exist in an action then at least it will be a way towards all of these and all ways towards a Mustahab or wajib acts also carry sawaab in them. Like learning is Mustahab then going to a place of learning is also Sawaab. If while going to a place of learning a person is not able to reach the place due to some reason also gets sawaab of walking the way. Similarly, even if it is argued that a person may not reach any one of the goals of Tatbir as above still he gets sawaab for treading the way towards each one of them.

In fact, even Wajib actions may enter tatbir as Unwaane Saanvi’s, like if there are people who want to destroy a good Sunnat of Azadari/ Tatbir / zikr / restlessness/ crying as is the case according to many Muqallideen then it may even become a wajib e Kifai to establish/ explain/ promote so as to make it survive despite challenges. We will discuss this point further IA in detail if felt appropriate & if given opportunity.

Pls read & spread the message.

Understanding Fatwas Of Mujtahideen, (Allah protect them)

Why emphasis on ‘understanding’ fatwa rather than its mere reading?

  1. In previous discussions we have proved the basis of ‘Tatbir’ through
    1. Direct Nass
    2. Principles established through Mutawatir Nass
    3. 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.

 

  1. 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:

    1. Understanding the difference of fact & law.
    2. Does your Mujtahid decide the facts or you decide it. What if you give wrong facts in seeking fatwa?
    3. Understanding unwaane awwal (original fact) and the unwaane saanvi (secondary fact).
    4. When fatwa mentions only unwaane saanvi then what is its meaning in unwaane awwal?
    5. Importance of original text in Arabic, Persian and directly from Mujtahid, cross-verifiability of fatwa, etc. in matters of high importance like Azadari, etc.
    6. 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.
    7. 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.
  2. 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.
  3. 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.

 

  1. 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.

Question: why should we do Matam where blood comes out when none of our Imams Alayhemussalam did it?

Firstly: It is actually a Sunnat of Masoom Alayhessalam

فالتفتت زينب فرأت رأس أخيها فنطحت جبينها بمقدم المحمل، حتى رأينا الدم يخرج من تحت قناعها

“Zainab (sa) turned and saw the head of her brother, then hit her forehead on the front part of the Mahmil, until we saw blood coming out from under her veil.”

بحار الأنوار 45: 115، الفردوس الأعلى: 19 – 22، المجالس الفاخرة: 298.

.فحكم عليها بالاعتبار

Allama Majlisi A.R. has accepted this Hadees as reliable.

Further references where our Ulama have relied and quoted above:

فإن هناك من حكم عليها بالصحة كالعلامة شيخ الشريعة الأصفهاني.

كما قد رُويت هذه الرواية في مصادر أخرى كمنتخب الطريحي ج2 ص478 وجلاء العيون للسيد عبد الله شبر ج2 ص238 وعوالم الإمام الحسين (عليه السلام) للشيخ عبد الله البحراني ص373. واعتماد أعاظم الفقهاء على هذه الرواية قديما وحديثا يطمئن النفس إلى صحتها، فقد اعتمد عليها الشيخ محمد حسين كاشف الغطاء في كتابه الفردوس الأعلى وأفتى بها

Also,

قال الراوي : لما سمع علي بن الحسين سقوط الرأس في حجر  الجارية الحسناء ، قام على طوله ونطح جدار البيت بوجهه ، فكسر أنفه وشج رأسه وسال دمه على صدره ، وخر مغشياً عليه من شدة الحزن والبكاء

The Narrator said, “When Ali bin al-Husain (as) heard that Imam Husain’s head fell in the lap of the Holy lady, He (as) stood up full length and thrust the wall of the house with his face, as a result breaking his nose and split opening his head and blood flowing onto his chest. And He fell unconscious from the severity of sadness and crying.”

[Source: Daar al-Salam – Muhaddis Mirza Husain Noori Tabarisi (writer of Mustadrak al-Wasail), Vol. 2, Pg. 196-202]

Traditions of Masoomeen Alayhemussalam are categorised in 3 types:

1. Their words
2. Their actions
3. Their acceptance of an action done by them or no denial of an action in front of them.

The action of Janabe Zainab Salamullah Alayha in front of Imam Zainul Abideen alayhessalam shows it being part of shariat. Even otherwise, only a non-Shia would allege that an action is Haraam despite knowing that Janabe Zainab Salamullah Alayha performed it and that too for the love of her brother Imam Hussain alayhessalam.

We have received Azadari due to the sacrifices of Janabe Zainab Salamullah Alayha and Imam Sajjad Alayhessalam and hence above should be sufficient for us – vis a vis the question – to understand the importance of Azadari including Tatbir.

Secondly: Tatbir based on mutawatir concept, strong Usool – The underlying principles.

Besides the first point, in Istembaat, Fuqaha also rely on ‘underlying principles’ to give Fatwa as Haraam, Makrooh, Mubah, Mustahab, Wajib even without direct Nass on the topic.

It will be too ridiculous to believe that the Shariat is understood as only If ‘done’ by Masoomeen Alayhemussalam then Halal and if ‘not done’ then Haraam! This is incorrect. As there are so many actions like driving, travelling to Haj by flight, etc. etc. that is not done by Masoomeen Alayhemussalam but still no Fatwa of ‘Haraam’!

The ‘underlying principles’ is an entire field of education in our Hawzas. Innumerable books are written on it. Because of this Usool, most of our present Mujtahideen are called Usooli. How can anyone neglect this important aspect of ‘Underlying principles’ to determine different forms of Azadari including Tatbir even if someone claims to be Jahil on the Ahadees quoted in first point above.

We will IA soon quote some further Ahadees which will form the ‘underlying principles’ to determine the present forms of Azadari like crying, beating chest, slapping oneself, Tatbir, etc. as Mustahab/ Wajib.
We have already explained in last part that those who say that ‘Matam with blood’ does not exist in Sunnat are blatantly lying merely to take away from us the precious ‘Hussaini Signs’.

Tatbir based on mutawatir concept, strong Usool – The underlying principles.

Underlying Principles-

As explained, there are a whole lengthy list of actions that are categorised as Haraam/ Makrooh/ Mubah/ Mustahab/ Wajib even without a direct specific Nass based on the ‘underlying principles’. There are people who have claimed massive powers of ‘Wali’ for themselves merely claiming that it is based on ‘underlying principles’ without any such direct practice of Masoomeen Alayhemussalam to give ‘wali’ powers to Non-Masoom. Despite this, the very persons forget their basic A, B, C of ‘underlying principles’ when it comes to Istehbab of Tatbir!

There is a ‘Principle’: When a general category of action is Mustahab then all its forms or parts thereof become Mustahab until proven otherwise.

We will try to give a very basic example here to explain the above principle which our Aql also accepts beyond any doubt whatsoever.
Example: Mr. Abid’s father has a heart surgery and he prays to Allah Ta’ala to make the heart surgery successful. Now, if we see Nass then there is no such Dua for successful heart surgery! Does it mean that Mr. Abid has committed bid’at Haraam or he has done Mustahab act?
It will only need a mind of an Ibne Taymiyya to declare such a Mustahab act as haraam. Also, Nauzubillah min zalik, is it a shortfall of Masoomeen Alayhemussalam that they did not teach us dua for heart surgery of father?  Obviously, it is not their fault as they have already taught us the ‘principles’ on which we can base our actions. Every sane person will agree, but let me describe the steps on how it has become Mustahab without actually being specifically mentioned in Nass and how Masoomeen Alayhemussalam have taught this to us.

Holy Quran:
وَقُلْ رَبِّ ارْحَمْهُمَا كَمَا رَبَّيَانِي صَغِيرًا

and say: O my Lord! have compassion on them, as they brought me up (when I was) little.
Sura Al-Israa, 17:24

The above Nass along with other similar citations from Holy Quran & Holy Sunnat form the ‘Principles’ by which we understand that it is required by Shaar’e Muqaddas to do Dua for my father for his heart surgery even when there is no specific mention of heart surgery dua for father in Nass. Hence, only an insane or misguided person will say that Mr. Abid has done Haraam.

Similar is the case of Azadari/ Matam with blood. It is already explained in previous parts that ‘letting out of blood’ in itself is halal according to both the Shia & Sunni including all Mujtahideen of Shias.

Hence, when Azadari/ Matam is a Mutawatir concept taught by Masoomeen Alayhemussalam then even its parts & forms thereof are mutawatir concepts. There can be no doubt in it.

Further example, there are many kinds of Matam practiced in Iran under the auspices of Agha Khamenei, who claims to be Wali Faqih. Now which Imam Alayhessalam arranged momineens in lines and then asked momineen to do Matam of Zanjeer-without blades- on beats? When Imams Alayhemussalam did not practice it specifically but gave the ‘principles’ of Matam upon which such practices are based, then the same ‘Principles’ apply also to Tatbir. We cannot have a flip-flop approach where we accept one practice based on ‘Principles’ and reject another practice by showing that we are Jahil about such ‘Principles’!

Yes, Haraam actions cannot be included in it because then it enters the definition of ‘otherwise proven’. But ‘letting out blood’ is not Haraam as explained earlier. We have inherited an Azadari system that resounds with the name of Imam Hussain alayhessalam more and more. It will be a big curse to try and shake the already established system by giving unfounded remarks that such pure actions, the Hussaini signs in any of its forms including tatbir, are Haraam!
Allah Ta’ala protect us from vicious & mischievous thoughts.

Hazrat AmirulMomineen Alayhessalam:

لاَ تَنْقُضْ سُنَّةً صَالِحَةً عَمِلَ بِهَا صُدُورُ هَذِهِ الْاءُمَّةِ وَ اجْتَمَعَتْ بِهَا الْاءُلْفَةُ وَ صَلَحَتْ عَلَيْهَا الرَّعِيَّةُ وَ لاَ تُحْدِثَنَّ سُنَّةً تَضُرُّ بِشَيْءٍ مِنْ مَاضِي تِلْكَ السُّنَنِ فَيَكُونَ الْاءَجْرُ لِمَنْ سَنَّهَا وَ الْوِزْرُ عَلَيْكَ بِمَا نَقَضْتَ مِنْهَا

Do not give up those practices and do not break those rules which good Muslims have evolved or introduced before you, which have created unity and amity among the various sections of the society and which have benefited the masses. Do not break them and do not introduce innovations because if you do away with those good rules and traditions, the reward of having introduced them will go to those who evolved them and the punishment of having despoiled them will be your lot.

Nahjul Balagha: Letter No. 53

Hence, we should not stop a good practice of ‘Azadari with blood’ which was started directly by Masoomeen Alayhemussalam and also form part of Mutawatir ‘Principles’ which have successfully formed practice of 100s of Millions of Momineen and 100s of thousands of Mujtahideen & Ulama across the globe over the centuries with great sacrifices given for establishing these practices.

Hearts & actions of Momineen were ‘one’ on the issue of Matam. Only Allah Ta’ala knows which ‘Innovators’ of religion have raised their head to despoil our valuable practices of ‘Hussaini Signs’.

Other citations on the ‘Principle’ of Matam being a Mutawatir concept will follow in next part IA.

Reminder: Pls note that we are not against any Mujtahid, Allah protect them.
The discussion is to protect our Aqeedah through valid citations from Holy Quran, Holy Sunnat, Aql and also from fatwas of Mujtahideen, Allah protect them. The enemies of our Aqeeda know the value of it and we should also realise it’s value & protect them.

Underlying Principles-

In previous part, we have seen how rule of Haraam/ Makrooh/ Mubah/ Mustahab/ Wajib is given on an act that has not specifically come in Nass with the help of ‘Underlying Principles’. In fact, these very people who act Jahil regarding ‘Principles’ for Matam, themselves use the law of ‘Principles’ and then extend it beyond allowed limits to carry a practice of Tabarra against Momineen & entire countries after every congregation Namaz! Needless to say, the practice of applying ‘Principles’ is correct in itself but it is entirely wrong to extend them beyond religious & logical limits.

When they ask us: Which Imam Alayhessalam did Tatbir? Then it is our right to ask them back: Which Imam Alayhessalam sent lanat on Momineen & entire countries after their every Namaz?

At least, when they are trying to demolish our beliefs through a reasoning then they should at least check that the reasoning propounded by them actually goes against their own beliefs & practices.

The Tabarra for which Nass has come against A, B, C, D, E bastards where these are direct enemies of Masoomen Alayhemussalam and not enemies of any political leader. They have used the concept of ‘Principles’, unduly extended it far too much for enemies of their political leaders and then used it specifically against enemies of political leaders…. and banned it against the enemies of AhleBait alayhemussalam for which the direct Nass existed!!

After so much of undue exploitation of the rule of ‘Principles’ now they are playing dumb on the very rule so as to NOT recognise Matam in all its forms as part of Shariat based on ‘Principles’ laid down in Mutawatir Nass!

Some Ayaat & Ahadees on Azadari/ Matam which makes all its forms Mutawatir concepts:

وَقَالَ يَا أَسَفَىٰ عَلَىٰ يُوسُفَ وَابْيَضَّتْ عَيْنَاهُ مِنَ الْحُزْنِ فَهُوَ كَظِيمٌ

and said: O my sorrow for Yusuf! and his eyes became white on account of the grief, and he was a repressor (of grief).

قَالُوا تَاللَّهِ تَفْتَأُ تَذْكُرُ يُوسُفَ حَتَّىٰ تَكُونَ حَرَضًا أَوْ تَكُونَ مِنَ الْهَالِكِينَ

They said: By Allah! you will not cease to remember Yusuf until you are a prey to constant disease or (until) you are of those who perish.

قَالَ إِنَّمَا أَشْكُو بَثِّي وَحُزْنِي إِلَى اللَّهِ وَأَعْلَمُ مِنَ اللَّهِ مَا لَا تَعْلَمُونَ

He said: I only complain of my grief and sorrow to Allah, and I know from Allah what you do not know.

Sura Yusuf, 12:84,85,86

In above Ayaat it is clear that Hazrat Yousuf a.s. cried till eyes became white and upto the verge of death or permanent illness.

In fact, Hazrat Yakoob (a.s.) cried so much that he lost his eyesight. This is proved by Ayat which talks about his re-gaining eyesight:

فَلَمَّا أَنْ جَاءَ الْبَشِيرُ أَلْقَاهُ عَلَىٰ وَجْهِهِ فَارْتَدَّ بَصِيرًا

So when the bearer of good news came he cast it on his face, so forthwith he regained his sight.
Sura Yusuf, 12:96

Imam Sajjad Alayhessalam:

لا تلوموني، فإنّ يعقوب فقد سبطاً من ولده، فبكي حتّي ابيضّت عيناه من الحزن، ولم يعلم أنّه مات، وقد نظرتُ إلي أربعه عشر رجلاً من أهل بيتي يذبحون في غداه واحده، فترون حزنهم يذهب من قلبي أبدا

Do not criticise me, for surely Yakoob temporarily lost one of his sons, he cried so much on it that he lost his eyesight, while he did not know if his son has died. While 14 of my family have been slaughtered on a single day right in front of my eyes! Do you perceive that this grief will ever go out of my heart?

References:
تهذيب الكمال، مزّي، ج 20، ص 399 ـ  البدايه والنهايه، ج 9، ص 125 ـ تاريخ مدينه دمشق، ج 41، ص386

Also relate the Ayaat with following Ahadees:

لقد بكى الإمام السجّاد(عليه السلام) (1)على أبيه، حتـّى خيف على عينيه,(2) بل خيف عليه أن يكون من الهالكين أيضاً.

Surely, Imam Sajjad (Alayhessalam) cried on his father, to the extent that it was feared that he would lose his eyes (1) rather it was also feared that he will die of it.(2)

References:

(1) مناقب آل أبي طالب 3: 303، بحار الأنوار 46: 108 حياة الإمام السجّاد(عليه السلام).
(2) كامل الزيارات: 213 الباب(35) حديث (306)، أمالي 

How can anyone become so shameless to say that “Don’t do Azadari since it harms you”.
In Holy Quran & Holy Sunnat, Azadari has come upto the extent of going to the verge of death or permanent disability.

According to rulings of all Mujtahideen also  the ‘letting out of blood’ that is generally done in Matam for Imam Hussain alayhessalam does not fall under the Fiqhi definition of Zarar/ Izrar (causing harm).
Hence, asking someone NOT to let out blood in Azadari because it harms us is so ridiculous and against clear Nass, Aql & fatwas of all Mujtahideen.

Also,

Imam e Zamana ArwahonaFidah:

ولأبكينّ عليك بدل الدموع دماً، حسرة عليك، وتأسّفاً على ما دهاك وتلهّفاً، حتـّى أموت بلوعة المصاب، وغصّة الاكتئاب (4)
I will, therefore, lament you morning and evening, and will weep blood in place of tears, out of my anguish for you and my sorrow for all that befell you,
until I meet death from the pain of the catastrophe and the choking grief.
References:

(4) المزار: 15 الباب (18) زيارة الناحية المقدّسة، بحار الأنوار 98: 238 و241 و317 و320.

Also,
One of the greatest mujtahid of our times Ayt. Wahid Khurasani, Allah protect him, is seen crying in one of the videos while relying & conveying this Hadis:

– وعن الإمام الرضا(عليه السلام): (إنّ يوم الحسين أقرح جفوننا، وأسبل دموعنا)(5)

From Imam Raza (Alayhessalam): Surely the day of Hussain has damaged our eyelids (due to lamentation), has caused tears to overflow unceasingly.

References:
5) أمالي الصدوق: 190 المجلس(27) حديث (199)، بحار الأنوار 44: 284.

Also,
وَ قَدْ شَقَقْنَ الْجُيُوبَ وَ لَطَمْنَ الْخُدُودَ الْفَاطِمِيَّاتُ عَلَى الْحُسَيْنِ بْنِ عَلِيٍّ ع وَ عَلَى مِثْلِهِ تُلْطَمُ الْخُدُودُ وَ تُشَقُّ الْجُيُوب

“The family of Fatima (peace be upon her) tore off their collars and slapped their cheeks upon Hussain son of Ali (peace be upon them), upon the likes of Hussain (as), cheeks must [certainly] be slapped and collars must be torn”
[Ref.: Al-Tahthib, Vol. 8, Pg. 325]

Also,
كما أنّ الإمام السجّاد(عليه السلام) حين رأى الشهداء صرعى، كادت نفسه الشريفة تخرج، فقالت له عمّته السيّدة زينب(عليها السلام): (ما لي أراك تجود بنفسك…)(3)

References:
(3) كامل الزيارات: 444 الهامش (ملحق كامل الزيارات قسم الزيادات)، بحار الأنوار 28: 58 كتاب الفتن.

Also,
حين عاد السبايا إلى المدينة، ((فما بقيت في المدينة مخّدرة ولا محجّبة إلاّ برزن من خدورهنّ مكشوفة شعورهنّ، مخمشة وجوههنّ، ضاربات خدودهنّ))(8).

References:
(8) اللهوف: 114، بحار الأنوار 45: 147، دعوة الحسينية: 117.

Also,
وهكذا جرى في الكوفة أيضاً، حين وصل السبايا إليها؛ إذ خطب حينئذ الإمام السجّاد(عليه السلام)، وأُمّ كلثوم، وفاطمة بنت الحسين(عليه السلام)(9).

References:
(9) انظر: اللهوف: 88، بحار الأنوار 45: 112.

Also,
روي عن الإمام الصادق(عليه السلام): أنّ النبيّ(صلّى الله عليه وآله وسلّم) لم يعترض على نساء الأنصار في ما فعلن في أنفسهنّ بعد قضية أُحد؛ حيث إنّهنّ قد خدشن الوجوه، ونشرن الشعور، وجززن النواصي، وخرقن الجيوب، وحرمن البطون على النبيّ(صلّى الله عليه وآله وسلّم), فلمّا رأينه قال لهنّ خيراً، وأمرهنّ أن يستترن، ويدخلن منازلهنّ(10).

References:
(10) الكافي 8: 318، بحار الأنوار 20: 107 – 109، تفسير الصافي 1: 387، تفسير نور الثقلين 1: 398.

Above repeats the concepts of harming oneself in Azadari like slapping oneself, tearing ones collars, etc.

The list of Ahadees regarding harming oneself (in literal sense) for the sake of Azadari is too lengthy, Mutawatir, accepted as reliable by all Mujtahideen & Ulama. There can be no doubt raised on this concept or the Ahadees that form the ‘Principles’ by which we undoubtedly know that all forms of Azadari including ‘letting out of blood’ is an important part of Shariat based on ‘Ajre Risalat’ which is ‘Muwaddat’ for AhleBait Alayhemussalam.

We end this message with the words of great Ayatullah of our time Wahid Khorasani, Allah protect him:

“Educate people regarding the sanctity of Ashura, introduce SyedusShohada (Alayhessalam) to people according to what has come from the statements of RasoolAllah (sallallaho alayhe wa aalehi wa sallam); so that a group of common public do not say that these are excesses in Azadari. Whatever people do in Azadari do not even enter the minimum level of required Azadari. In fact, these Aza do not even have a scope of ‘excesses’.
……to be Contd……IA.

Reminder: None of our statements should be construed as against any Mujtahid, Allah protect them.
The discussion is to protect our Aqeedah through valid citations from Holy Quran, Holy Sunnat, Aql and also from fatwas of Mujtahideen, Allah protect them.

Thirdly: There is absolutely no evidence against tatbir in Shariat which makes it fall under the rule – Asl is Ibahat.

Asl is Ibaahat: Default in an action is being Mubah.

Our actions are generally classified in Fiqh as:
1. Wajib
2. Mustahab
3. Mubah
4. Makrooh
5. Haraam

The Asl (default) of an action is Mubah until proven otherwise through the Holy Quran & Holy Sunnat as the foundations + Aql (limited scope for understanding nass), Ijma (limited scope for understanding nass).

Hence, our fuqaha allow actions like travelling by flight even for going to Haj, driving, etc. because there is no reason in fiqh to believe otherwise.

Hence, if somebody asks us ‘prove to us where Imams Alayhemussalam allowed ‘letting out of blood’ in Matam? Then this question itself is too ridiculous and can come out of a person who does not know the very A, B, C of fiqh. Such kind of question cannot come up from any Faqih, Allah protect them. In fact, not even from a student of the student of a Faqih.

Only people who have absolutely zero understanding of fiqh can put up such questions. If it comes from someone who has basic understanding of fiqh then it is vicious and mischievous and if comes from someone who does not know fiqh then it may be an innocent question. Yes, common man may put this up as many of them do not have an exposure to fiqh.

The actual question in fiqh should necessarily be like this:
Did Imams Alayhemussalam stop us anywhere from letting out of blood in Azadari? Haraam requires a daleel (evidence) and not otherwise.

We have already proved that ‘letting out of blood’ is allowed firstly through direct Nass, secondly through ‘underlying principles’ established by Nass and now thirdly even if such glaring evidences were not there, merely for the sake of argument if we accept somebody’s claim to ‘Jahalat’ from such multitude of Nass, then too it would not be Haraam as there is absolutely Zero evidence on it being haraam.

We explain further through Holy Quran:

وَمَا لَكُمْ أَلَّا تَأْكُلُوا مِمَّا ذُكِرَ اسْمُ اللَّهِ عَلَيْهِ وَقَدْ فَصَّلَ لَكُمْ مَا حَرَّمَ عَلَيْكُمْ إِلَّا مَا اضْطُرِرْتُمْ إِلَيْهِ ۗ وَإِنَّ كَثِيرًا لَيُضِلُّونَ بِأَهْوَائِهِمْ بِغَيْرِ عِلْمٍ ۗ إِنَّ رَبَّكَ هُوَ أَعْلَمُ بِالْمُعْتَدِينَ

And what reason have you that you should not eat of that on which Allah’s name has been mentioned, and He has already made plain to you what He has forbidden to you– excepting what you are compelled to; and most surely many would lead (people) astray by their low desires out of ignorance; surely your Lord– He best knows those who exceed the limits.

Sura Al-In’aam, 6:119.

1. Allah Ta’ala explains that what is the reason to reject halaal? Rejection of any act as halaal (considering haraam) needs reason.

2. Importantly, HE has already made plain clear to us about what is haraam. Hence, now whatever is not mentioned in shariat as Haraam is actually halal.

3. Those who convert halal to haraam without reason are misleading people. This is because of their low desires and because of ignorance.

4. They are exceeding limits by converting halal to haraam.

Furthermore,
When we say that RasoolAllah sallallaho alayhe wa aalehi wa sallam is the seal of the prophets Alayhemussalam then we give witness that further there is no scope to add any action to haraam. The list of haraam is limited and is already delivered & explained to us by the Ameen RasoolAllah sallallaho alayhe wa aalehi wa sallam. There is no scope to add any haraam in the list rather not even Makrooh, Mustahab, Wajib. Whatever actions that come up afterwards, like travelling by flight- driving- etc.- etc., will be classified in Mubah because RasoolAllah sallallaho alayhe wa aalehi wa sallam himself explained that whatever has no reasonings in Nass for Haraam is actually Halaal for you and the list of Halaal is not so brief as the list of Haraam so as to give the entire list to the Muslims.
……to be continued…IA

Reminder: None of our statements should be construed as against any Mujtahid, Allah protect them.
The discussion is to protect our Aqeedah through valid citations from Holy Quran, Holy Sunnat, Aql and also from fatwas of Mujtahideen, Allah protect them.

Last night I cried a lot, was restless- not able to sit, not stand, not able to sleep even in the morning after being awake the whole night while doing some reading related to this Hadees:

:ففي رواية رواها المجلسي في البحار وفي جلاء العيون

(أن الإمام زين العابدين إذا أخذ إناءً ليشرب يبكي حتي يملأه دماً)

That when Imam Zainul Abideen (alayhessalam) picked up a cup to drink, then he cried to such an extent that his cup filled with blood.

It is too painful for all momineen.

This text (blood) is correct & found in original handwriting according to (نصرة المظلوم لآية الله الشيخ حسن المظفر ص10)

‘Letting out blood’ allowed in all Fiqh & Sects

،اَلسَّلامُ عَلَى الشَّيْبِ الْخَضيبِ
،اَلسَّلامُ عَلَى الْخَدِّ التَّريبِ
،اَلسَّلامُ عَلَى الْبَدَنِ السَّليبِ

Salutations upon the gray hair that was dyed (with blood).
Salutations upon the cheek that struck the dust.
Salutations upon the butchered body.

– Ziarat e Nahiya.

It was explained in part 1 that Hussaini signs (الشعائر الحسينية) need to be established and respected. These Hussaini signs includes Matam. There are various ways of doing Matam which for the sake of our understanding we categorize into 2: Matam where there is no blood and Matam where blood comes out like Qama Zani (Tatbir).

Matam is allowed according to all Shia Mujtahideen, Allah Ta’ala protect them all. It does not require much clarification.

….فَلَمّا رَأيْنَ النِّساءُ جَوادَكَ مَخْزِيّاً

When the women saw your horse distraught,…..

…. ،بَرَزْنَ مِنَ الْخُدُورِ
they came from the tents,….

،عَلَى الْخُدُودِ لاطِماتِ الْوُجُوهِ سافِراتٍ
،وَ بِالْعَويلِ داعِياتٍ

Doing Matam on their now unveiled cheeks,
calling you by lamenting and wailing,

But perhaps some explanation is required specifically regarding Tatbir where blood comes out of the body. This explanation is required not because it is a difficult matter to understand. We have inherited these Tatbir Hussaini Signs from 100s of millions of momineen including 100s of thousands of Mujtahideen & Ulama. Such mutawatir concepts are not doubtful. These form parts of our Aqeeda.
But because some innovators of religion have come up with lies upon lies, deliberate attempts to confuse momineen, illiterates being vocal in establishing their thoughts against the mutawatir, accepted practice of Tatbir compels us to deal this matter in greater detail.

Tatbir:

،اَلسَّلامُ عَلَى الْمُغَسَّلِ بِدَمِ الْجِراحِ
Salutations upon the one who was bathed in the blood of his wounds.

Undoubtedly, tatbir is a Hussaini sign that reminds us of Imam Hussain alayhessalam and his family and their great sacrifice of Karbala. Firstly, since the difference between other Matam and Tatbir is ‘letting out of blood’ hence we explain it being entirely halaal according to Shariat.

Letting out of blood:

فَلَأَ نْدُبَنَّكَ صَباحاً وَ مَساءً وَ لَأَبْكِيَنَّ لَكَ بَدَلَ الدُّمُوعِ دَما

I will, therefore, lament you morning and evening, and will weep blood in place of tears
(المزار: 501 الباب 18)
Imam e Zamana Alayhessalam in Ziarat e Nahiya Muqaddassa above says that he lets out blood from his eyes in remembrance of Imam Hussain Alayhessalam.

While reading Ziarat E Nahiya, we are also committing to Imam Hussain alayhessalam that we will let out blood from our eyes in his remembrance. But when the actual time comes to let out blood then Allah Ta’ala protect us from Jahil thoughts that letting out blood in remembrance of Imam Hussain alayhessalam is Haraam!! Obviously , the truth is that letting out blood is Halaal.

‘Letting out blood’ is halaal according to ALL mujtahideen and also according to both the Shia & Sunni. Any Muslim who has doubt that letting out blood is Halaal or not should get his circumcision (Khatna) checked or ask his mom whether body cut & blood came out in his circumcision or not!

It is ridiculous to even think that ‘letting out blood’ can be Haraam in Islam! Even these people who stop momineen from Tatbir give alternate as: donate blood. Even in donation of blood, we let out blood! Then why this option? Because letting out blood is allowed even according to them.
These very people also do not stop at using blades and let out blood in non-essential cosmetic surgeries, etc. Even in countries where Tatbir is banned, they have not banned removing blood through blades like in Hijamat which is a common practice in Muslim countries.

AhleSunnat reference:
Ibn ‘Umar reported that the Messenger [peace be upon him and his pure family] used to cup his head and would call the place at the top of the head “Umm Mugheeth.” [al-Mu’jam al-Awsat, by al-Tabarani, vol. 8, p. 16).

Both the Shia & AhleSunnat accept Hijamat (cutting body and letting out of blood) even when there is no medical requirement. Hijamat can be done even when we just want to feel fresh or even without ANY need whatsoever like I just want to experience it. When cutting the body and removing blood is Mubah like walking on the road, talking to people then is there ANY Muslim Mujtahid or Alim or common man who can even think of it being Haraam? No ways.

This shows that stopping from tatbir is not because of removing of blood in it but due to the remembrance of Imam Hussain alayhessalam associated with it which is not necessarily associated with circumcision, Hijamat, surgeries, etc.

Pls note that we are NOT saying anything against the Mujtahideen, Allah protect them. In fact, all Mujtahideen have allowed ‘letting out of blood’. It is the ignorant ones that create such concepts that letting out of blood is Haraam where it is actually Halaal. We are speaking against those Jahil and also against the dishonest liars who are assigning falsehood to our respected Mujtahideen, Allah protect them.

IA in next part/s we will show that Mujtahideen like Ayt. Sistani, Ayt. Basheer Najafi, Ayt. Waheed, others, Allah protect them all are misquoted by editing their fatwas or changing the meanings and circulating the changed images to give bad name to our Mujtahideen and to stop Tatbir which is a Hussaini sign.

Pls forward this message for the sake of Ishq e Hussain alayhessalam.

Tatbir, A form of Ajre Risalat

قُلْ لَا أَسْأَلُكُمْ عَلَيْهِ أَجْرًا إِلَّا الْمَوَدَّةَ فِي الْقُرْبَى

Say: I do not ask of you any reward for it but love for my near relatives;
Sura Al-Shura, 42:23
Whoever is a Muslim, believes and takes benefits from RasoolAllah sallallaho alayhe wa aalehi wa sallam. These benefits include, but are not limited to, the entire Shariat.

The Holy Quran has kept a price/ cost for making use of such benefits. This Ajre Resalat is ‘Mawaddat’ (love) for AhleBait alayhemussalam. Hence, if a person does not pay Ajre Risalat of ‘Mawaddat’ then he loses the legitimacy to make use of any benefits gathered from RasoolAllah sallallaho alayhe wa aalehi wa sallam. Thus, all his actions even if apparently according to Shariat would be illegitimate if without ‘Mawaddat’.

The above is mentioned in the Holy Quran and hence none of the Muslims, Shia or AhleSunnat, are excused from this.

الشعائر الحسينية (Hussaini signs) that remind us of Imam Hussain Alayhessalam or reminds us of anything related to Imam Hussain Alayhessalam like Karbala are supposed to be respected:

ذَٰلِكَ وَمَنْ يُعَظِّمْ شَعَائِرَ اللَّهِ فَإِنَّهَا مِنْ تَقْوَى الْقُلُوبِ

That (shall be so); and whoever respects the signs of Allah, this surely is (the outcome) of the piety of hearts.

Sura Al-Haj, 22:32

And these Hussaini signs are to be established for the sake of Ajre Risalat as pointed above.

Hussaini Signs can be anything that reminds us of Imam Hussain alayhessalam. There are no limits to it except of course the Haraam actions in themselves – because obviously such actions do not lead to Imam Hussain alayhessalam.

These Hussaini signs can be anything or person or words or practice or date & time or…. The condition is that it should lead to remembrance of Imam Hussain alayhessalam in some way or the other. There are some commonly known Hussaini signs like Shabih e ZulJinah, Alam, Cradle of Janabe Ali Asghar alayhessalam, Taboot, days like Muharram, Juloos, Majlis, related crying, Matam, Tatbir (blood Matam), etc.

There can also be Hussaini Signs that are not commonly famous amongst us but are known to specific countries, groups, families, persons, etc. Like some special Tasbeeh that generally people not know to be related to Hussaini signs but a specific family or persons are aware of it.

The Hussaini signs are very important part of religion…. There is a website Aqaed.com that was earlier working under the office of Ayt. Khui, Rahmatullah alayhe, and now under the office of Ayt. Sistani, Allah protect him.
It is an open fact that most of the views of Ayt Sistani related to Fiqh can be cross verified at Sistani.org
But for issues related to Aqaed, this website directly does not reply rather gives a link from
http://www.sistani.org/arabic/link/
to Aqaed.com

We will also be using this site Aqaed.com references in our discussions as it is a highly authentic resource online.

This website has also shown relevance of our above 2 quoted Ayaat and also goes on further to state that Ajre Risalat is the biggest ne’mat (bounty) on the servants of Allah Ta’ala after the ne’mat of Tauheed.

In next part, IA we will specifically discuss some of the Hussaini Signs in depth.

Pls read & spread the message for the sake of Ishq e Hussain alayhessalam in our hearts.