تفصيل بخصوص استقرار وإقامة طلبة الجامعات

College and university students often ask jurisprudential questions about their fasting and four-unit prayers. This is because many of them move away from their hometowns or travel back and forth throughout the week for studies and in-person classes, which occur over many days and for several hours each day. Therefore, this clarification became necessary.

According to the rulings of long-term stay and the chart that details the criteria of frequent travel that were issued by the office of the Religious Authority, His Eminence Grand Ayatullah al-Sayyid al-Sistani (may God prolong his life), the place where an institute, college, or university student is working/studying is sometimes considered a long-term stay (LTS) and sometimes not. Moreover, based on the student’s commute, sometimes they may travel to the college/university and return to their family’s home daily, whereas in other cases, a student may travel on Monday mornings and return on Friday evenings. In addition, when taking the location of the university into consideration, sometimes it is at a place that is jurisprudentially “distant” in a one-way journey (i.e., more than twenty-seven miles away), and sometimes it is less than that (e.g., twenty-three miles) but more than fourteen miles away, such that the two-way trip (i.e., going and coming) would cover the jurisprudentially required distance. Therefore, there are eight different possibilities:

First case: The university is an LTS for the student’s occupation (e.g., studying); they travel there daily, and the campus is more than forty-four kilometers/twenty-seven miles away. Thus, the student should pray full prayers at the LTS, on the way to the university, and if they travel to a place other than the LTS. This is the case during their period of work there because they would be considered a frequent traveler. In the summer break, the student should continue to pray full prayers at the university because they have not abandoned the LTS altogether, and they should shorten their prayers on the way to the university and in any other travel, since frequent travel has ceased.

Second case: The university is an LTS for the student. It is less than forty-four km/twenty-seven mi but more than twenty-two km/fourteen mi away, so the student must pray full prayers at the LTS and on the way to the university during the school year, because they are not actually considered a traveler. This is because they do not travel the required jurisprudential distance and the LTS interrupts it. However, the student should shorten their prayers if they travel elsewhere, because they are not considered a frequent traveler. As for the summer break, the ruling is the same as during the school year.

Third case: The university is considered an LTS for the student’s occupation; they travel there on Sunday mornings and return to their family on Thursday evenings, and the distance between their family and the university is more than forty-four km/twenty-seven mi. The student should pray full prayers at the university and shorten them on the way there and if they travel to any place other than the LTS, because they are not considered frequent travelers. This is the rule throughout the school year and during the summer break.

Fourth case: The university is not considered an LTS for the student; the student travels there daily, and the distance between the university and their family’s home is more than forty-four km/twenty-seven mi. They should pray full wherever they travel because they are considered a frequent traveler. This is the case throughout the school year. However, during the summer break, they should shorten their prayers during all their travels, because they are no longer considered a frequent traveler [during that period].

Fifth case: This is the same situation as the previous case except that the distance is less than forty-four km/twenty-seven mi but more than twenty-two km/fourteen mi. Its rule is the same as the previous case.

Sixth case: The university is considered an LTS for the student’s occupation, and they travel there on Sunday mornings and return to their family on Thursday evenings, and the distance between their family’s home and the university is less than forty-four km/twenty-seven mi but more than twenty-two km/fourteen mi. The student should pray full prayers at the LTS and on the way there because the distance is jurisprudentially not long enough. They should shorten their prayers if they travel to a place other than the LTS during the school year, and the ruling is the same during summer break.

Seventh case: The university is not considered an LTS for the student’s occupation; they travel there on Sunday mornings and return to their family’s home on Thursday evenings, and the distance between the university and their family’s home is more than forty-four km/twenty-seven mi. The student should pray full prayers in all their travels because they are considered a frequent traveler, since they travel four trips a month, and each trip lasts five days. This rule applies during the school year, but during the summer break, they should shorten their prayers in all their travels since they do not qualify as a frequent traveler [during that period].

Eighth case: This is the same situation as the previous case with the exception that the distance is less than forty-four km/twenty-seven mi. The rule is the same as the previous case.

Note: The possibility that the place of study qualifies for a student as an LTS for their occupation is very unlikely because it does not meet the first assumption mentioned in the LTS chart, which is to remain there for more than twenty-two days every month, twenty-four hrs. for each day, for 1.5 years, or any other criteria mentioned in the chart.

The post Everyday Fiqh: Clarification Regarding College Student Residence appeared first on IMAM-US.org.

Khalil is a devout 19-year-old Muslim-American who was born and raised in a small town in the Midwest, he still lives there with his family. There have always been very few Muslims in his hometown. Thus, while growing up, and even to the present, most of his friends have been non-Muslims. Michael, a young Christian, is one of Khalil’s closest friends, who knows and respects the fact that Khalil is a devout Muslim. Michael always invites Khalil to attend church services and religious events because they have been friends for so long, know each other’s families, and always like to hang out together and share in one another’s happiness. Khalil has always politely declined, but one Christmas, he suddenly begins to wonder whether it would be permissible for him to attend Christmas mass or any other Christian religious gatherings (e.g., funeral) and even give Michael a gift. What should he do?

II. Background

The Holy Quran states, “God does not forbid you to deal kindly and justly with those who have not fought against you about the religion or expelled you from your homes. God does not love the unjust people.”1 Islam teaches us to adopt the highest character and ethics, as well as compassion and warmth towards others, especially when interacting with people of other religions. This includes respecting their beliefs and customs and fulfilling the duties of friendship. At the same time, Muslims must maintain their religious identity and not compromise their own beliefs and practices.

III. Ruling

There is no objection to attend a church service, whether for Christmas or any other commemoration, as long as one’s Islamic identity is maintained, there is no fear of being affected by information that may conflict with Islamic beliefs, a weakening of religious adherence, or adoption or promotion of beliefs and practices that are not a part of Islam. Moreover, there is no problem in giving gifts to non-Muslims, especially if it fulfills a good friendship.

IV. Action
Khalil can attend the church service and other such events if Michael invites him, and he feels confident that it will not affect him as a Muslim. Also, there is no problem if he gives him a suitable gift on various occasions. As such, it is important for Khalil, and Muslims in the West in general, to show compassion to their fellow citizens and share appropriately in their happiness, which may even be encouraged in certain circumstances.

1. The Holy Quran, 60:8.

قال الله تعالى: ((لَّا يَنْهَاكُمُ اللَّهُ عَنِ الَّذِينَ لَمْ يُقَاتِلُوكُمْ فِي الدِّينِ وَلَمْ يُخْرِجُوكُم مِّن دِيَارِكُمْ أَن تَبَرُّوهُمْ وَتُقْسِطُوا إِلَيْهِمْ ۚ إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ))

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According to the edicts of His Eminence Sayyid al-Sistani

أهمّ أحكام صَلاة وصِيام المسافر

A traveler must shorten each of their four-unit prayers to two units and break their fast based on the following conditions and details:

The travel must be lawful. Therefore, a traveler must not shorten their four-unit prayers nor break their fast if the conditions of their travel include:

1. Distress to the parents, which would occur [out of concern for the person due to legitimate reasons (e.g., harm)] if they embark upon the travel (causing distress to one’s parents is religiously prohibited).
2. A wife embarking on travel without the permission of her husband, unless the purpose of her travel is to fulfill an obligatory pilgrimage (hajj) (i.e., once the criteria for obligation are fulfilled) or visit her [direct] family if doing so does not entail a forbidden act that would revoke the duty.
3. Traveling to commit an unlawful act (e.g., murder, adultery, robbery, unlawful trade) or visiting an oppressor for the purpose of aiding them in their oppression.
4. Being indebted to someone and traveling to flee from them.
5. Traveling to hunt for amusement, even though this form of hunting is not prohibited by Sayyid al-Sistani. However, if the purpose of hunting is to secure a livelihood, then the traveler must shorten their prayers and break their fast.

The person must intend to travel the required religiously prescribed distance, which would make them a traveler, and be content that they will maintain it (eight farsakh, which is approximately 44 km or 27.3 miles one-way, or four farsakh, which is approximately 22 km or 13.7 miles, for each leg of a two-way or round-trip). When a person travels just less than these distances then they should observe precaution by combining a shortened and full prayer and by observing fasting and making it up later (i.e., due to slight calculation differences in converting a farsakh to km/mi).    

1. The required religiously prescribed distance is calculated starting from the outer limits of a town. However, in very large cities, the distance is calculated from the outskirts of a given area or even a particular neighborhood if the common view or urf [of the residents] is that a person is a traveler from that point.
2. The traveler must reach the outer limit or hadd al-tarrakhuss (as described above) before they can shorten their prayer or break their fast. This is usually the point outside the hometown where the buildings are no longer visible by the naked eye, which is approximately 3 to 4 km or 2 to 3 miles.

Traveling must not be a [regular] part of work (i.e., the nature of the work includes travel), like a pilot, navigator, or a taxi driver (NOTE: if the taxi driver works locally, they must shorten their prayer if they travel past the religiously prescribed distance). Also included is if a person’s profession requires travel on a frequent basis, such as a physician who travels more than the religiously prescribed distance to different hospitals or a teacher who travels to different universities to teach. In such cases, they must always perform their full prayers and fast the month of Ramadan even if they do not travel in certain months. However, a person must shorten their prayers if their travel for work is not frequent or if they travel and surpass the religiously prescribed distance for purposes other than work; this is because they are not considered a frequent traveler (kathir al-safar) in such circumstances. This would include a person who is [only] required to travel for their work occasionally, and the nature of their work does not include regular travel such that the criteria for a frequent traveler (kathir al-safar) would not apply. In such cases, they must shorten their prayer and break their fast when traveling beyond the religiously prescribed distance.

The traveler must not pass through an area in which their travel is interrupted or where they are no longer considered a traveler. In the following instances, they must pray full prayers and observe the fast of the month of Ramadan:

1. Hometown (al-watan al-asli): A person’s birthplace, which remains their home unless they permanently abandon it as a place of residence (i.e., never plan to live there again). Therefore, if the person passes through their hometown during a given trip, they must perform full prayers and observe the fast if it is the month of Ramadan.
2. Domicile of [temporary] stay (watan al-iqamah): A place where the person intends to reside for ten full days. Therefore, if one passes through a place where they intend to stay for ten days, they are no longer a traveler and must note the following:
   • If a person arrives anytime during the day, they must calculate the ten days from the time they enter the town until the same time on the eleventh day. Departure from the town is considered to be when the person intends to leave and initiates the journey away from where they were staying. However, if they arrive anytime during the night, they must calculate the ten days from the time of fajr of the following day to sunset (maghrib) of the tenth day.
   • The traveler must shorten their prayers as soon as they cross the border of the temporary domicile that they resided in for ten days (i.e., during departure), and it is not incumbent upon them to wait until they reach the outer limit (hadd al-tarrakhuss) [as they would if they were departing their home].
   • The person must reside in one place for the entire duration of ten days; however, there is no problem in leaving for a couple of hours during the day to the outskirts of town.
   • A place where a person remains for thirty days but is undecided about staying or leaving is also considered a temporary domicile. In such a case, they must perform full prayers and observe the fast(s) after the completion of thirty days (i.e., on the thirty-first day).

A long-term stay (LTS): A place where a person plans to stay long-term for work, school, summer or spring vacations, or similar purposes, even if they do not own property or a home there. Such a person must pray full prayers and fast if one of the following criteria related to their stay in that place applies:[i]

• Remain there for 6 hours during every trip, 22 days every month, for 4 years.
• Remain there for 8 hours during every trip, 20 days every month, for 4 years.
• Remain there for 12 hours during every trip, 15 days every month, for 5 years.
• Remain there for 12 hours during every trip, 22 days every month, for 3 years.
• Remain there for 24 hours during every trip, 7-8 days every month, for 4 years.
• Remain there for 24 hours during every trip, 15 days every month, for three years.
• Remain there for 24 hours during every trip, 22-30 days every month, for 1.5 years.

See the following table for more clarification:

One must not be a frequent traveler or be someone who has no permanent residence such as a nomad with no permanent home, those who have a mobile home, etc.: Someone who travels [frequently] beyond the religiously prescribed distance (23 miles) for any reason and not necessarily for work. This includes, for example, frequent visits to check on one’s parents, visits to the holy shrines, visiting believers, for amusement, or a patient who goes to the hospital frequently for long term treatment. A person is considered a frequent traveler, such that they must pray a full prayer and fast in the month of Ramadan, whenever they travel, by the following criteria:

1. If they plan to travel ten days every month, for six months in one year, then they must observe precaution for the first two weeks by shortening their prayer as well as praying in full, and by observing the fast (if in the month of Ramadan) as well as making it up later. After the first two weeks they should pray a full prayer and fast anywhere that they travel.
2. If they plan to travel ten days every month, for three months each year for two years or more, then they must observe precaution for the first two weeks by shortening their prayer as well as praying in full, and observing a fast (if in the month of Ramadan) as well as making it up later. After the first two weeks they should pray a full prayer and fast anywhere they travel.
3. If they plan to travel eight to nine days every month for six months in one year, then they should shorten their prayers as well as pray in full, and observe a fast (if in the month of Ramadan) as well as make it up later.
4. If they travel less than the three aforementioned scenarios, they must shorten their prayers and break their fast.

See the following table for more clarification:

[i] In the first month one must observe precaution by praying a shortened prayer as well as a full prayer and by observing a fast (if during the month of Ramadan) and making it up later.

[ii] Pray a shortened prayer as well as a full prayer, and observe a fast (if during the month of Ramadan) and make it up later.

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The reason why sometimes there are two or more dates for certain Islamic events, such as birth and death anniversaries of the Ahl al-Bayt (p):

Today’s Islamic calendar sometimes shows two different dates for the birth or death of one or more of the infallibles (p). For example, some Muslims commemorate the martyrdom of Imam Hasan al-Mujtaba (p) on the 7th of Safar while others do so on the 28th of that month. These disparities exist due to a number of important reasons which bear consideration.

To begin with, history shows that the Ahl al-Bayt (p) were oppressed by the despotic regimes, particularly in the eras following the martyrdom of Imam Hussain (p) in Karbala. As a result of this oppression, the birth or death of the infallibles was likely hidden (i.e., out of precaution) in certain situations. Another potential cause of these disparities was the ongoing malicious propaganda by both the Umayyad and Abbasid dynasties and their unrelenting campaign to sow doubt, vis-a-vis belief in the imamate, among the followers of the Ahl al-Bayt (p).

Despite the valiant struggle of Shia scholars and sincere followers of the Imams to preserve the authentic records, uncertainties about the exact Islamic events still exist.  As a result, I.M.A.M. relies on the dates that the well-known researchers and jurists cite and use in the seminaries. These are the dates that are most strongly indicated in the authentic traditions and relied upon based on available evidence. Thus, our readers may notice a few differences between I.M.A.M.’s Islamic calendar and the calendar used by others. As such, believers have the choice to commemorate the birth and death of the infallibles on all of the potential dates or pick the one they rely on. I.M.A.M.’s Religious Affairs team appreciates the believers’ understanding and values their engagement with these important Islamic events.

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إيضاحٌ وتنبيهٌ حولَ مسألةِ إعفاءِ الْمَدينِ مِنَ الخُمْس

In the Name of God, the Most Beneficent, the Most Merciful

We have received many questions regarding ruling no. 1231 from the book Minhaj al-Salihin and the new details mentioned in its footnote regarding the possibility of being exempt from khums due to specific types of debt and whether this ruling applies to mortgages.

It is vital that we clarify the following terminology before explaining the ruling.

• Living expenses: All yearly expenses that cover a person’s needs and the needs of their dependents (e.g., shelter, food, and clothing) and are appropriate for their shan[1] or standard of living, which varies based on time, place, situation, and circumstances.
• Continuous living expenses: Every expense that covers a person’s needs and the needs of their dependents on a continuous basis, such as a home, car, furniture, and other such necessities. These expenses do not include anything spent for once or temporarily such as the following:
• marriage expenses
• education expenses
• medical expenses for a temporary illness
• Khums (fifth): A yearly financial obligation that requires payment of twenty percent of the total profits, benefits received, and returns, after deducting living expenses.
• Debt: Money that someone owes to another person or an entity like a bank due to the purchase of something (e.g., real-estate or a car) using a debt instrument, credit, or from taking a monetary loan.[2] However, it is not permissible to take a loan or buy on credit if doing so involves usury or interest, even if it is taken from a non-Muslim entity, except by considering it istinqadh (see paragraph below).[3]

The previous ruling

The monetary credit a person receives is generally excluded from their yearly profit if they use it for their expenses that are appropriate for their shan during that year. Therefore, the amount of accrued profit [in that year] that is equivalent to a person’s debt is exempt from khums. For example, if a person borrows $100,000 to purchase a home to live in, and in that same year they earn $100,000 in profit, then they are not required to pay khums on that profit. However, if they made a profit of $70,000 in the first year and paid it towards their debt, then in the second year the remainder of the debt (i.e., $30,000) is not exempt from khums because it is not [considered] an expense for the second year, only the first year (i.e., the year of purchase). In other words, the debt a person incurs in a given year to cover the expense of that same year is not exempt from khums in the succeeding years.

The updated ruling

The new ruling states that if a person borrows money to purchase something which is considered a continuous expense (e.g., home, car), His Eminence al-Sayyid al-Sistani permits them to also exclude the equivalent amount of [outstanding] debt from any profit in succeeding years (i.e., after the year of purchase) as long as they continue to use the purchased item. Thus, going back to the aforementioned example, if a person borrows $100,000 to purchase a home and pays off $70,000 in the first year, then based on this updated ruling, they may exclude $30,000 from any profit in the second year, and from any profits in succeeding years for the amount of outstanding debt as long as the person continues to use the purchased item. Note that khums would still need to be determined and paid for any profits that surpass the amount that is equivalent to the outstanding debt.

Important points that are often ignored

• The above exemption does not apply to debt incurred for trade and investment purposes, marriage, study, travel, or treatment for a temporary illness, or if the expenditure was damaged or stolen. Instead, this exemption is only for necessary living expenses that are continuous and permanent like housing, clothing, food, drink, treatment for chronic illnesses and other such necessities if they are not beyond what is appropriate for a person’s shan. For example, common view or urf would not consider a ten-bedroom home as appropriate for a household of two, making it beyond their status.
• The debt decreases annually due to paid installments over time. Therefore, the amount exempted is the remainder of the debt, not the entire debt, and this is the case for the subsequent years.

Example: A person borrows $10,000 to buy a car, and the sum of installments paid in the first year is $1,000. If they also profit $10,000 in that year, then only $9,000 will be exempt from khums because that is the amount that is equivalent to the remaining debt. Therefore, khums would be due on $1,000 (i.e., 20% of $1,000 = $200). If the same person profits $10,000 in the next year and again pays $1,000 in installments for that second year, the remaining debt would be $8,000. Therefore, they would be responsible for paying khums on $2,000 (i.e., $400), and so on.

• It is important to note that this ruling applies to debt that meets the religious criteria and not necessarily every type of credit taken by a person that might be defined as a debt, like a mortgage for example. His Eminence al-Sayyid al-Sistani has answered a question about mortgage in which he said, “It is permissible to take money from a non-Islamic bank with the intention of istinqadh but not a loan, regardless of whether it is financed by a government or a private entity. Moreover, the understanding that one will sooner or later be [legally and contractually] obliged to pay back not only the principal, but the interest as well, does not affect the permissibility [of such a transaction].”[4] Formulation of the intention for taking the money (i.e., istinqadh or loan) rests upon the individual. So, if the person considers the mortgage to be a loan, then its amount is exempt from khums (as described above). However, they would be considered sinful for initiating and participating in an interest-bearing loan transaction. On the other hand, if they take the mortgage with the intention of istinqadh, then they are not considered sinful. However, the money would be considered revenue and not exempt when it comes to determining khums based on this new ruling.
• If a person takes money from a bank with the intention of istinqadh and as a result they have enough [surplus] money to cover the cost of pilgrimage (hajj), then hajj becomes obligatory for them.[5] In contrast, if the money was taken with the intention of it being a loan and they had enough [thereafter] to cover the cost of hajj, it would not be obligatory in that case because the money is a loan (i.e., the person would be in debt).[6]

Another examples

A person borrows $100,000 (i.e., takes money with the intention of loan) to buy a house to live in and pays the bank $10,000 in total installments annually. Based on this, the amount of yearly profit that is exempt from khums based on their outstanding debt is as follows:

The first year in which the person incurs the debt

[1] Shan—an Islamic jurisprudential term. It is the status of a person based on their standard of living, which is characterized by common understanding or urf and assumes a level of spending according to their means that is neither miserly nor extravagant (i.e., excessive). Shan can differ from one community, country, or time to another. Moreover, what might be considered an appropriate expenditure or amenity for a person of a certain shan (i.e., based on their earnings and standard of living) may not be appropriate for another. Hence, expenses for needs, and therefore khums, are determined accordingly.

[2] It is obligatory to repay the debt according to the terms of the transaction and the agreement between the lender and borrower, and it is not permissible to violate it. Moreover, it is obligatory to abide by the laws of the land in which a person lives.

[3] Istinqadh is a jurisprudential term that means taking money from a non-Muslim entity, such as a bank; it is permissible.

[4]  Sayyid Ali al-Sistani, Code of Practice for Muslims in the West.

[5] Sayyid Alial-Sistani, Manasik al-hajj wa mulhaqatiha, p. 29, no. 33–34 (Stamped and signed with the seal and signature of his eminence dated Shawwal 19, 1428 A.H.).

[6] Sayyid Alial-Sistani, Manasik al-hajj wa mulhaqatiha, p. 29, no. 33–34 (Stamped and signed with the seal and signature of his eminence dated Shawwal 19, 1428 A.H.).

[7] The sum of installment payments only includes the amount paid towards the principal and not any interest, insurance, or other charges.

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