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By Abdul Husayn Sharaf al Din Al Musawi - XKP

I used to be first brought to the Masa'il Fiqhiyya while i used to be a pupil in Qumm, Iran. Sayyid 'Ali Asgher Milani, the grandson of the overdue Ayatullah Milani, gave me a duplicate of the booklet and suggested me to translate it in order "...to enable the realm be aware of the reality of the Twelver Shi'i practices."

When I learn the ebook, i used to be inspired by way of the author's erudite and educational method. even if he used to be facing very gentle and delicate matters concerning Muslim liturgies, he approached them in a non-polemical, non-rhetorical and non-provocative demeanour. i used to be additionally inspired via his copious citations of his assets, in almost each factor he dealt with.

Sayyid Sharaf al-Din attained the extent of ijtihad (independent reasoning in felony matters) on the age of 32 within the yr 1322 A.H.

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Harith. '" additionally, within the aforementioned bankruptcy of the Sahih of Muslim, he stated from Abu Nazra who stated: "I used to be with Jabir and anyone got here to him and he stated: `Ibn `Abbas and Ibn al-Zubayr have differed in regards to the mut'as. ' Jabir acknowledged: `We used to accomplish them on the time of the Prophet of God, after which `Umar forbade them. '" The assertion of `Umar while he used to be at the minbar unfold (to the masses). "I am prohibiting the 2 mut'as that have been on the time of the Prophet of God and that i will punish somebody who plays them, the mut'a of hajj and the mut'a of ladies. " Al-Razi has transmitted this asserting from him (`Umar) arguing via it at the prohibition of the mut'a of girls, so check with this verse in his Tafsir al-Kabir. The Ash'ari theologian and their Imam in what's rationally and routinely suggested "al-Qushji" says within the later elements of the dialogue at the Imamate in his nice booklet referred to as "Sharh al-Tajrid" that 'Umar stated while he used to be at the minbar: "O humans, there have been 3 issues on the time of the Prophet of God (P), and that i forbid them and cause them to haram. i'll punish someone who commits them, the mut'a of ladies, the mut'a of hajj and [the asserting of] "hayya 'ala khayril al-'`amal" (hasten to the simplest of acts). " He justified it claiming that this used to be his own reasoning and interpretation. The traditions in this and others love it are many and will fill the pages. Rabi`a b. Ummaya b. Khalf al-Thaqafi, the pother of Safwan, played the mut'a on the time of `Omar, in keeping with what Malik has pronounced within the bankruptcy of the wedding of mut'a in his Muwatta' from `Urwa al-Zubayr who acknowledged: "Indeed Khawla, the daughter of Hakim al-Silmiyya, entered to work out `Omar and she or he acknowledged to him: `Rabi`a b. Ummaya has played the mut'a with a woman who has turn into pregnant,' so `Umar went out pulling his gown, announcing: `this mut'a, had I preceded it, i'd have stoned for it,'" i. e. , had I forbidden it and warned person who undertakes it with stoning earlier than this time, i might have stoned Rabi`a and the girl who played the mut'a. This was once his stand prior to prohibiting it, this has been documented by means of Ibn `Abd al-Barr in line with what al-Ruzqani studies from him in his observation at the Muwatta'. there is not any doubt that this speech exhibits that the disposal of the ruling on mut'a got here from him, no longer from anyone else 6: those that Deny It in accordance with al-Tha`labi and al-Tabari, `Ali, the Commander of the trustworthy, repudiated him. whilst those authors reached the verse of mut'a of their significant tafsir works, they said with a sequence of transmission to him announcing: "Had `Omar now not prohibited the mut'a, not anyone may have fornicated, except these at the verge [of death]. " Ibn `Abbas additionally repudiated him announcing: "The mut'a was once not anything yet a mercy which Allah showered at the umma of Muhammad, had he (`Omar) no longer prohibited it, nobody except these at the red of dying may have had to fornicate," that's, except a couple of humans as defined by way of Ibn al-Athir [when discussing] the resource of the note shafi'i in his Nihaya.

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