CORRECT/UPDATE  ENGLISH TAUZIH ISLAMIC LAWS BOOK

Project Title: Translation of Tauzih of Ayatullah Sistani.

Brief Description: Reading, understanding and analyzing the original Tauzih of Ayatullah Sistani in Persian. Translating the meaning and spirit of the text precisely into English.

Project Leader/Translator:

Name –                       

Languages Known –     Arabic, Persian, English, Urdu, Gujarati.

Arabic, Persian, Urdu, Gujarati – Good understanding skills.

English – Excellent Understanding and writing skills.

Other Strengths –         Good knowledge of Arabic grammar, Aqaed, Fiqh, Tafseer, Traditions and other Islamic studies.

                                    Trained by specialized Ulema from Iran for more than a decade.

                                    Associated with the Howza of Iran and its students (mostly Iraqi) since last 15Years.

                                    Also has good business experience for more than 15Years. Along with religious and academic studies was involved in business activities. This experience has inculcated tremendous finance, accounts and social understanding.

Spiritual Strengths -      Hardworking, strong resolve, high confidence, willingness to sacrifice for the project, sincerity, and integrity.

Associates -                 Enjoy friends and students who have strong Urdu and English skills coupled with strong finance and accounts background. These associates can aid in enhancing the work.

 Present Scenario & Objective:

            There are loads of believers across the globe who do not have Arabic and Persian skills. Out of these numerous believers do exist who are meticulous about their duties to Allah (S.W.T.). In order to follow the commands of Allah (S.W.T.) these believers fervently feel the need to read, study and adopt the Tauzih-Ul-Masail of the grand Ayatullah Sistani. Since the original Tauzih-Ul-Masail is in Persian, these believers are left with no option but to scrupulously read, study and adopt the English translation of the same. Here, there are 2 serious problems faced by these believers. First, the level of understanding and maturity in fiqh (Islamic Laws) is generally below the standard and the language used is not very easily comprehensible by all. Second, there are lots of errors in the present English translation available. This compounds the dilemma of the believers who lay baffled! Including lot of footnotes and explanations along with the translation may help solve the first problem. Moreover, even the believers need to be trained on fiqh so that they develop a grasping power to comprehend the matter easily. This first problem, though highly significant, lies outside the scope of this project and we cannot further discuss this here. The second problem and its mandatory solution is the focus of this project. The situation strongly demands that we take up the task of scrutinizing and correcting the existing errors. In fact, the magnanimity of the present shortfalls in the translation may demand entirely re-doing the translation. To understand the magnanimity of the problem let us consider a sample comparison by the project leader as mentioned in one of the communications: 

“Comparisons: I got the English translation and the original Persian Tauzeeh. Since I do not regularly use the English translation for references, for sample purpose I compared the first chapter of taqleed with the original one – published by Intesharaat-e-Baarish. I believe that there is a later version of the Tauzeeh also available in Iran that I could not procure for this sample purpose (If you can advise me some website where I can get the very latest version then pls. do so). Also do inform me if there are different versions of the English translation available or only one single version has been printed till date.

Following were the outlines of the observations:

1. Total number of rules – 14
2. Serious errors that change the meaning and spirit of the rule – around 5
3. Other errors that may be considered as minor ones – 7/8
4. Places where improvements are highly recommended – 7/8.

If we go by the above then there are much more than 500 errors in the entire English Tauzeeh that needs immediate correction. Even if we hopefully consider that the other chapters do not have similar errors then too it can easily be said that there are at least 100 errors. These are not encouraging figures by any standard!!”

“My intentions are not to degrade the people ( May Allah S.W.T. protect me from such a thing) who have put in their efforts towards this noble cause of translation. May Alah (S.W.T.) accept their sincere efforts. But the focus point here is to identify the problem and suggest sincere and humble solutions.”

 Project Deadline: One Year from the date of starting the project. 

Attachments – Document bearing sample comparison, indication of errors and indicative corrections in the first chapter of Taqlid. & Sujood

Notes: 

1. This sample work is done without appropriate resources including appropriate dictionaries.
2. As it is understood that there is a vast technical difference between allowed (permissible) and valid (correct), I have made these changes persistently wherever it did not conform to the Persian text.
3. Though sometimes apparently minor word changes have been made but actually these minor changes may eventually cause whopping technical difference. It is not possible for me to explain each and every technical implication of the changes made. But it is requested that these small changes in the words are not undermined.
4. The Persian version used for this sample work is not the latest version but is one of the recent ones. This Persian Tauzih was bought around 1Year back from Iran markets. We will ultimately use the latest version.
5. Flow of words maintained as previously present.
6. No grammatical changes have been attempted.
7. These are not the final changes but are suggestive. Final changes will be completed only when all resources are available and the entire tauzih changes are finally reviewed by me.
8. Markings showing the difference between the fatwas of Ayt. Khui and Ayt. Sistani have not been considered for the sample work. Many of the current markings are not rightly done. For example: The first rule in this sample work was compared – Rule#1054. Though there is a difference of a few wordings but the meaning and spirit of the rulings of both Ayt. Khui and Ayt. Sistani are same. There can be many reasons for the wordings of 2 people to be different but still their meaning and intent can be same. Like if three people are standing. One person says “The sky is clear”, the second says “Today, the sky is clear” and the third says “ Now, the sky is clear”. Though there is a difference in their wordings but all mean the same – the sky is clear now. The first one did not distinctly mention the word ‘now’ the second mentioned the word ‘today’ to show something of current nature but did not use the word ‘now’ and the third person did actually spell out the word ‘now’. Though it is obvious that all of them meant the same thing ‘now’, they have still used different wordings. Similarly, in this rule# 1054 Ayt. Sistani has added the words “Be Hay’ate Makhsoos” – “in a special manner” in middle of the definition of sajdah. All other wordings are same. It is evident that even Ayt. Khui believed that the sajdah is done in a special manner but he did not add these words in the definition. By adding the words “in a special manner” Ayt. Sistani has not differed from the viewpoint of Ayt. Khui but has just clarified something that was also meant by Ayt. Khui.

 

Examples of Errors  in Taqleed chapter

1. * It is necessary for a Muslim to believe in the fundamentals of faith with his own insight and understanding, and he cannot follow anyone in this respect i.e. he cannot accept the word of another who knows, simply because he has said it. However, one who has faith in the true tenets of Islam, and manifests it by his deeds, is a Muslim and Mo'min, even if he is not very profound, and the laws related to a Muslim will hold good for him. In matters of religious laws, apart from the ones clearly defined, or ones which are indisputable, a person must:

• either be a Mujtahid (jurist)** himself, capable of inferring and deducing from the religious sources and evidence;
• or if he is not a Mujtahid himself, he should follow one, i.e. he should act accordi ng to the verdicts (Fatwa) of the Mujtahid;
• or if he is neither a Mujtahid nor a follower (Muqallid), he should act on such precaution which should assure him that he has fulfilled his religious obligation. For example, if some Mujtahids consider an act to be haraam, while others say that it is not, he should not perform that act. Similarly, if some Mujtahid consider an act to be obligatory (Wajib) while others consider it to be recommended (Mustahab), he should perform it. Therefore, it is obligatory upon those persons who are neither Mujta hids, nor able to act on precautionary measures (Ihtiyat), to follow a Mujtahid.P

** Mujtahid is a jurist competent enough to deduce precise inferences regarding the commandments from the holy Qur'an and the Sunnah of the holy Prophet by the process of Ijtihad. Ijtihad literally means striving and exerting. Technically as a term of juri sprudence it signifies the application by a jurist of all his faculties to the consideration of the authorities of law with a view to finding out what in all probability is the law. In other words Ijtihad means making deductions in matters of law, in the cases to which no express text is applicable. (See, Baqir Sadr, A Short History of 'llmul Usul, ISP, 1984).

2. Taqlid in religious laws means acting according to the verdict of a Mujtahid. It is necessary for the Mujtahid who is followed, to be male, Shi'ah Ithna Ash'ari, adult, sane, of legitimate birth, living and just ('Adil). A person is said to be just whe n he performs all those acts which are obligatory upon him, and refrains from all those things which are forbidden to him. And the sign of being just is that one is apparently of a good character, so that if enquiries are made about him from the people of his locality, or from his neighbours, or from those persons with whom he lives, they would confirm his good conduct. And if one knows, even though by and large, that the verdicts of the Mujtahids differ with regard to the problems which we face in every day life, it is necessary t hat the Mujtahid who is followed be A'lam (the most learned), who is more capable of understanding the divine laws than any of the contemporary Mujtahids.

3. There are three ways of identifying a Mujtahid, and the A'alam:

• when a person is certain that a particular person is a Mujtahid, or the most learned one , in his own capacity, becomes certain. For this, he should be a learned person himself, and should possess the capacity to identify a Mujtahid or an A'alam;
• when two persons, who are learned and just and possess the capacity to identify a Mujtahid or the A'alam the A’alam Mujtahid, confirm that a person is a Mujtahid or an A'lam, provided that two other learned and just persons do not contradict them. In fact, being a Mujt ahid or an A'lam can also be established by a statement of only one trusted and reliable, conversant and well informed (Ahle Khubra) person;
• That someone is convinced, through accepted wisdom, about a particular persons capacity to infer Islamic laws (Ijtehad) or having the highest learning like when a number of learned persons who possess the capacity to identify a Mujtahid or an A'lam, certify that a particular person is a Mujtahid or an A'lam, provided that one is satisfied by their statement.

4. * If one generally knows that the verdicts of two or more Mujtahids do vary in day to day matters, and also that some of the Mujtahids are more capable than the others, but is unable to identify the most learned one, then ,on the basis of obligatory precaution, he should act – whatever is maximum possible - on precaution based on t heir verdicts (though there are details in this rule but there is no room for these details here). And if he is unable to act on precaution, then he should follow a Mujtahid he supposes to be the most learned whose probability of being the A’alam is higher. And if decides that they are all of equal stature And if the probability of being the A’alam is same for both then he has a choice.

5. There are four ways of obtaining the verdicts of a Mujtahid:

• When a man hears from the Mujtahid himself.
• When the verdict of the Mujtahid is quoted by two just persons.
• When a man hears the verdict from a person whose statement satisfies him.
• By reading the Mujtahid's book of Masae'l, provided that, one is satisfied about the correctness of the book.

6. As long as a person is not certain that the verdict of the Mujtahid has not changed, he can act according to what is written in the Mujtahid's book. And if he suspects that the verdict might have been changed, investigation in that matter is not necessary .

7. If an A'lam Mujtahid gives a fatwa on some matter, his follower cannot act in that matter on the fatwa of another Mujtahid. But if he does not give a fatwa, and expresses a precaution (Ihtiyat) that a man should act in such and such a manner, for exam ple if he says that as a precautionary measure, in the first and second Rak'at of the namaz he should read a complete Surah after the Surah of "Hamd", the follower may either act on this precaution, which is called obligatory precaution (Ihtiyat Wajib), or he may act on the fatwa of another Mujtahid who it is permissible to follow. Hence, if he (the second Mujtahid) rules that only "Surah Hamd" is enough, he (the person offering prayers) may drop the second Surah. The position will be the same if the A'a lam Mujtahid expresses terms like Ta'mmul or Ishkal.

8. If the A'lam Mujtahid observes precaution after or before having given a fatwa, for example, if he says that if Najis vessel is washed once with Kurr water (about 388 litres), it becomes Pak, although as precautionary measure, it should be washed thre e times, his followers can abandon acting according to this precaution. This precaution is called recommended precaution (Ihtiyat Mustahab).

9. * If a Mujtahid, who is followed by a person dies, his category will be the same as when he was alive. Based on this, if he is more learned than a living Mujtahid the follower who has a general notion about the variation in the involved day to day Masae'l  - with the knowledge of variation in the rules regarding situations that engage him (Muqallid), even though by and large – he must continue to remain in his taqlid. And if the living Mujtahid is more learned, then the follower must turn to him for taqlid.
And if it is not understood that who is more knowledgeable between them or if they are equal then he has the option to act according to anyone of them except in situations wherein by and large knowledge is acquired (Ilm-e-Ijmaali) or on any religious responsibility general proof is established (Qayaam-e-Hujjat-e-Ijmaali) like in situations wherein there is a conflict between shortened (Qasr) and full namaaz that on the basis of obligatory precaution it is necessary to observe both the religious injunctions (fatwas). The term 'taqlid' used here implies only an intention to follow a particular Mujtahid, and does not include having acted acco rding to his fatwa.

10. If a person acts according to the fatwa of a Mujtahid in certain matter, and after the death of that Mujtahid, he follows a living Mujtahid in that matter according to his obligation, he cannot act again according to the fatwa of the dead Mujtahid.

11. It is obligatory for a follower to learn the Masae'l which are of daily importance that he is usually in need.

12. * If a person faces a problem whose rule is not known to him, it is necessary for him to exercise precaution, or to follow a Mujtahid according to the conditions mentioned above. But if he cannot obtain the ruling of an A'lam Mujtahid on that matt er, he is allowed to follow a non-A'lam Mujtahid, even if he has a general notion about the difference between the verdicts. The sequence of following will be first the most learned (A’alam) and then the next most learned.

13. * If a person relates the fatwa of a Mujtahid to someone, and then that fatwa is changed, it is not necessary for him to inform that person about the change. But if he realises after having related the fatwa that he had made an error, and the error would lead someone that person to contradicting the laws of Shariah, then as an obligatory precaution, if it is possible he should do his best to rectify the error.

14. If a person performs his acts for some time without taqlid of a Mujtahid, and later follows a Mujtahid, his former actions will be valid if that Mujtahids injunctions correspond with the earlier acts and if it is besides this then too if he was inadvertently ignorant and the shortfall in the act was not in the essential parts (Arkaan) or similar to them, the action is valid and it is the same if the ignorant person was voluntarily ignorant  and the shortfall in the action was of such kind that ignorantly shortfalls in such cases are all right, like reciting aloud in place of muted recitation or vice versa. Similarly, if he does not know the condition of his previous acts then it is considered as valid except for certain instances that are discussed in details in Minhaaj.    declares them to be valid, otherwise they will be treated as void.

Please note:

1.      The above is not part of the project. Hence, it has been written roughly at present. These are mere suggestions for understanding the magnitude of the problem. In the project the entire material will be re-written.

2.      Many minor improvements have not been highlighted (including grammatical ones).

3.      My intentions are not to degrade the people ( May Allah S.W.T. protect me from such a thing) who have put in their efforts towards this noble cause of translation. May Alah (S.W.T.) accept their sincere efforts. But the focus point here is to identify the problem and suggest sincere and humble solutions.

Green – Suggested Improvements that are of lesser magnitude.
Blue – Corrections in errors.
Red – Major error correction that entirely changes or even reverses the meaning of the rule.

Sample changes in Sujood chapter

1054. A person offering prayers should perform two sajdahs after the Ruku, in each Rak'at of the obligatory as well as Mustahab prayers. Sajdah means that one should place one's forehead on earth in a special manner, with the intention of humility (before Allah). While performing Sajdahs during prayers, it is obligatory that both the palms and the knees, and both the big toes are placed on the ground.

1055. Two Sajdahs together are a "Rukn" (elemental), and if a person omits to perform two Sajdah in one Rak'at of an obligatory prayers, whether intentionally or owing to forgetfulness, his prayers are void. The rule is the same, based on Ihtiyat-e-Wajib, if he adds two more Sajdahs in one Rak’at due to forgetfulness.

1056. If a person omits or adds one Sajdah intentionally, his prayers become void. And if he omits or adds one Sajdah forgetfully, the rules regarding it will be explained later.

1057. If a person who can keep his forehead on the ground, does not do so whether intentionally or forgetfully, he has not performed Sajdah, even if other parts of his body may have touched the ground. But, if he places his forehead on the earth, but forgets to keep other parts of his body on the ground, or forgets to utter the Zikr, his Sajdah is in order.

1058. It is better in normal situation to say Subahanallah three times, or Subhana Rabbiy al-A'la wa bi hamdhi once. And he should utter these words in succession and in correct Arabic. It is evident that saying any zikr is sufficient. ActuallyBut, as an obligatory precaution, uttering anythe Zikr up to this extent is sufficientnecessary. And it is Mustahab that Subhana Rabbiyal A'la wa bi hamdhi should be said three, five or seven times, or more.

1059. In the Sajdah, the body should be steady, and one should not move or shake oneself purposely in a way that the body comes out of the steady state, and as a precaution, one should be totally steady in Sajdah including – as a precaution - even while one is not engaged in any obligatory Zikr.

1060. If a person intentionally utters the Zikr of Sajdah before his forehead reaches the ground, and his body becomes steady, or if he raises his head from Sajdah intentionally before the Zikr is completed, his prayers are void.

1061. If a person utters the Zikr of Sajdah by mistake, before his forehead reaches the ground and realises his mistake before he raises his head from Sajdah, he should utter the Zikr again, when his body is steady.

1062. If after raising his head from Sajdah, a person realises that he has done so before the completion of the Zikr of Sajdah, his prayers are in order.

1063. If at the time of uttering Zikr of Sajdah, a person intentionally lifts one of his seven limbs from the ground, his namaz will be void. But if he lifts the limbs, other than the forehead, when he is not reciting anything, and then places them back again, there will be no harm, unless that movement renders his body unsteady, in which case, as a precaution, namaz will be void.

1064. If a person raises his forehead from the ground by mistake, before the completion of the Zikr of Sajdah, he should not place it on the ground again, he should treat it as one Sajdah. However, if he raises other parts of the body from the ground by mistake, he should place them back on the ground and utter the Zikr.

1065. After the Zikr of the first Sajdah is completed, one should sit till the body is steady, and then perform Sajdah again.

1066. The place where a person places his forehead for Sajdah should not be lower or higher than four joined fingers, compared to where he places his knees and the tips of the toes. As a matter of obligatory precaution, the place of his forehead should not be more than four joined fingers lower or higher than the place where he stands.

1067. If a person prays on a sloped ground, - whose although its slant may not be known exactly, - and if his forehead goes higher or lower than the place where he keeps his knees and tips of the toes by a span of four joined fingers, his namaz will be a matter of Ishkal.

1068. If a person places his forehead by mistake, on a thing which is higher than the span of four joined fingers compared to the place where his knees and the toes are, and if it so high that it does not look like a normal Sajdah, he should raise his head and place on a thing which is not as high higher than four joined fingers. And if the height does not change the appearance of the Sajdah, and his attention is drawn to it after completing the obligatory Zikr, he should raise his head and may complete the prayers.
But if his attention is drawn to it before the obligatory Zikr, he should gradually push or move drag his forehead to a lower level whose height is equal or less than 4 joined fingers, and recite the obligatory Zikr. And if that dragging is not possible, he should recite the obligatory Zikr in that very state and complete his prayer. It would not be necessary for him to repeat the prayers.

1069. It is necessary that there should be nothing between the forehead of the person offering prayers, and the thing on which he offers Sajdah is valid. Hence, if the mohr (sajdagah) is so dirty that the forehead does not reach the mohr itself, the Sajdah is void. But if, for example, only the colour of mohr has changed, there is no harm.

1070. In Sajdah a person offering prayers should place his two palms on the ground. But, in a state of helplessness, there will be no harm in placing the back of the hands on the ground, and if even this is not possible, he should, on the basis of precaution, place the wrists of hands on the ground. And if he cannot do even this, he should place any part of the body up to his elbow on the ground, and if even that is not possible it is sufficient to place the arms on the ground.

1071. In Sajdah, a person should place his two big toes on the ground, but it is not necessary to place the tips of the toes. If he places the outer or the inner parts of the toes, it will be proper. But if he places, instead other smaller toes on the ground, or the outer part of his feet, or if his big toe does not rest on the ground due to very long nails, his namaz will be void. And if a person does not follow this rule due to ignorance or carelessness avoidable omission and ignorance, he has to pray again.

1072. If a part of the big toe is cut off, one should place the remaining part of it on the ground, and if nothing of it has remained or what has remained is too short, he should, on the basis of precaution, place the other toes on the ground, but if he has no toes at all, he should place on the ground whatever part of the foot has remained.

1073. If a person performs Sajdah in an unusual manner, like if he rests his chest and stomach on the ground, or stretches his feet, his namaz will be correct and valid if it still appears like a normal Sajdah. But if it appears more like sleeping on one's stomach, rather that he has merely stretched himself and it does not conform with a sajdah then than a Sajdah, his namaz will be void.

1074. The mohr (sajdagah) or other thing on which a person performs Sajdah, should be Pak. But, if for example, he places the mohr on a najis carpet, or if one side of the mohr is najis, and he places his forehead on its Pak part, there is no harm in it.

1075. If there is a sore or a wound etc. in the forehead of a person, making him unable to rest his forehead it on the ground, and thus if, for example, the sore or the wound has not covered the whole of the forehead, he should perform Sajdah with the unaffected part of the forehead. And if it becomes necessary to dig a hole, or a pit so that the part with the sore or the wound stays there, while the healthy part, at least up to the minimum area that is obligatory, is on the ground, then he should do so.

1076. If the sore or the wound has covered the entire forehead, he should perform