General Rules of JurisprudenceLesson 39

التقية Part Three قاعدةThe rule of TAQIYAH (prevention)•Five rules of TAQIYAH•Types of TAQIYAH•Issue of the 12th Imam’s (AJ) name•Reference: www.makaremshirazi.org/books/arabic/GHAVAEDFEQH1/22.html#_Lnk1

Five rules and TAQIYAH• There is a strong link between the TAQIYAH

and the rule of LA DHARAR (no harm) and LA HARAJ (no difficulty), because if an action could become dangerous on the life, wealth, or dignity, and becomes harmful or associated with severe difficulty, then it becomes without obligation, or going against it could become forbidden. This may be the reason that some scholars did not consider it as a separate general rule.

• The similarity with the rules of AMR BIL MA’ROOF and NAHI UN ALMONKAR, or enjoining others to do good, and prohibiting them from doing bad. This act has also five rules, and TAQIYAH is opposite of this act, so in TAQIYAH a person does not person the enjoying and prohibiting.

• As taken in USOOL Fiqh, that there are five rules of action, and since TAQIYAH is an action, then it takes one of the five rules, it could be an Obligated (WAJIB), or Prohibited (HARAAM), or Recommended (MOSTAHAB), or abhorred (MAKROOH), or permitted (MOBAAH).

Dividing some narrations into groups:

• As mentioned that the narrations of TAQIYAH are plenty, and some of these can be categorized or classified into groups, we will just mention these groups briefly:

• Group one: Which mentions that the TAQIYAH is a shield or an armor for a believer, and it is something which covers a believer and secures him.

• ) يعفور ) أبي بن عبدالّلWه عن الكافي في: ) يقول: ) ) ع عبدالّلWه أبا سمعت قال

حرز) التWقيWة و المؤمن ترس التWقيWة) المؤمن( ) ّنWة jُج التWقيWة المؤمن،

2nd Group: No religion without TAQIYAH

• These narrations emphasize in practicing the TAQIYAH to a degree that if it is not performed then a defect has happened in the religion of a person or his faith, and performing it is a part of God’s religion. So if the conditions are existing then it becomes compulsory to practice it.

• ) بصير ) أبي عن رايع Wالّش عّلل في الصWدوق رواه ما :) و: ) ) Wعّز الّلWه دين التWقيWة ع أبوعبدالّلWه قال قال

: : : من الّلWه و إي فقال قال الّلWه؟ دين من قّلت ، WُجلالّلWه دين

• “The TAQIYAH is a part from the religion of Allah (Islam), I said: A part from the religion of Allah?, he (AS) said: Yes by God from the religion of Allah” • ادق Wالص عن يعفور أبي ابن عن الكّليّني رواه ما

) ( :  ) له) التقيWة لمن إيمان ال ـ ع• “A person who does not practice

TAQIYAH has no faith”

3rd Group: TAQIYAH in previous nations

• These are group of narrations which mentions the story of:

• Prophet Ibraheem (AS), the blame of breaking the idols on the big Idol.

• Prophet Yusuf (AS) blaming his brothers of steeling the pot (his brother)

• Narrations comparing the faith and the TAQIYAH of ABO TALIB (AS) like the TAQIYAH of people of KAHF or cave and the believer from the household of Pharaoh: Imam Assadiq (AS): “Verily the resemblance of Abo TALIB is as the resemblance of the people of cave who concealed their faith, so Allah gave them their reward twice”

• ) ع ) عبدالّلWه أبي عن سالم بن :هّشام•   الكهف،: ) أصحاب مثل طالب أبي مثل Wإن قال

الّلWه فآتاهم رك، Wالّش أظهروا و اإليمان وا Wأسر) تين Wمر أُجرهم

TAQIYAH bridges the gaps• : بالتWقيWة عّليك يقول ادق Wالص محمد بن ُجعفر أباعبدالّلWه

) (.... الّلWه أدWبه الّله رسول أن الخّليل إبراهيم سّنWة فإّنWها : فإَذ�ا jأحسن هي بالWتي ادف�ع فقال بالتWقيWة Wُجل و Wعّز * ا اه� يjّل�ق� ا م� و� ميم� ح� ولي� jّن�ه� َك�َأ ة� ع�د�او� jب�ي�ّن�ه و� ب�ي�ّن�ك� الWذي

وا jب�ر ص� ال�ذ�ين� Wإال )•   jن أ�ح�س� ه�ي� ب�ال�ت�ي ع� اد�ف� jي�َئ�ة الس� و�ال� jّن�ة س� ال�ح� ت�و�ي ت�س� و�ال�

يم� } م� ح� ل�ي� و� jّن�ه� َك�َأ ة� ع�د�او� jب�ي�ّن�ه و� ب�ي�ّن�ك� ال�ذ�ي إ�َذ�ا {34ف�• [Shakir 41:34] And not alike are the good

and the evil. Repel (evil) with what is best, when lo! he between whom and you was enmity would be as if he were a warm friend.

• ٍّظ£ ح� َذjو إ�ال� ا اه� يjّل�ق� ا و�م� وا jب�ر ص� ال�ذ�ين� إ�ال� ا اه� يjّل�ق� ا و�م�{35ع�ِظ�يم¥ }

• [Shakir 41:35] And none are made to receive it but those who are patient, and none are made to receive it but those who have a mighty good fortune.و� jه jّن�ه� إ ب�الّل�ه� ت�ع�ذ� اس� ف� ٌغ� ّن�ّز� ي�َط�ان� الّش� م�ن� َغ�ّن�ك� ي�ّنّز� ا إ�م� و�

{ jال�ع�ّل�يم jيع م� {36الس�• [Shakir 41:36] And if an interference of the

Shaitan should cause you mischief, seek refuge in Allah; surely He is the Hearing, the Knowing.

TAQIYAH requires more patience• Many times the violent actions are produced as a result of an anger of high temper, so such confronting actions are reactions, and if the conditions of TAQIYAH are existing then holding such reactions becomes more rewarding because it goes against the flow of the anger, remember Imam Ali (AS) and his patience, he used TAQIYAH and patience when Islam needed it, and he fought MOAWEYAH when Islam needed it. His behavior in the battle of KHUNDAQ is an excellent example on his controlled anger. So his TAQIYAH and his non TAQIYAH behaviors were all for the sake of God.

• He made it very clear in his famous sermon of SHAQSHAQIYAH that it was very difficult for him to hold his anger and do observe patience after the death of the Prophet (S), but yet he did for the sake of Islam.

• With the TQIYAH better relations can be made, strong educational channels are established.

• Many times the emotional reactions spoils more then what silent establishes.

The Types of TAQIYAH:• In some of the narrations, the TAQIYAH

is not just for the protection of the life, wealth or dignity, but it is to bridge the gaps between the Muslims, and create a strong united body between the Muslims, or to bring peace between Muslims and non Muslims, and to keep the hatred and the animosity of other religions and other sects away from the followers of Ahlul Bayt. So there are three types:

1. Fear and protection: such as the followers of Ahlul Bayt (AS) from the tyrants and wicked ones.

2. Bridging the gaps and achieving the respect of others for the SHIAS, such as TAQIYAH in congregational salaat behind them and the concept of Islamic unity and preventing the animosity.

3. Other benefits such as propagating Islam as in the story of Prophet Ibraheem (AS) or any other benefits such as the story of Prophet YUSUF (AS).

Criteria for Obligation:• When ever a serious threat is on the life, or

wealth or the religion, then the TAQIYAH becomes obligation, the severity which is intolerable, based of the evidences which prevents a person from putting him self in perdition (HALAAK).

• When a command from a religious authority is issued to avoid TAQIYAH, or it practicing TAQIYAH may lead to blood shed of innocents, or may lead to HALAAH or sever danger, then the TAQIYAH becomes HARAAM or forbidden.

• It is all about balancing the HARM of practicing TAQIYAH or abandoning TAQIYAH, where ever the severity of the HARM goes, the rule will go towards it. As mentioned that as long as a religious authority does not forbid the TAQIYAH, and there is no direct blood shed involved in practicing TAQIYAH, it is not forbidden.

• The language of the religious authority is to be taken into consideration, so if the words were that every one who lives in Mecca must not perform TAQIYAH, then it is forbidden only on them.

Criteria for Prohibition:• قال الثمالي حمّزة أبي : عن• وفيها ) ( : إال االرض تبق لم السالم عّليه عبدالّله أبو قالالتقية : ُجعّلت إّنما قال ، الباطل من الحق يعرف ، عالم مّناالّله وأيم ، تقية فال الدم التقية بّلغت فاَذا ، الدم بها ليحقن

ولكاّنت : ، ّنتقي إّنما ّنفعل ال لقّلتم لتّنصروّنا دعيتم لوالقائم قام قد ولو ، وأمهاتكم آبائكم من إليكم أحب التقية

من مّنكم َكثير في والقام ، َذلك عن مساءلتكم إلى احتاج ماالّله حد الّنفاق اهل

• Abo Hamza ATHOMALI said, that Abo Abdillah (AS) said: As long as the earth lasts, there will be a knowledgeable from among us knows the truth from the falsehood, he (AS) said, that TAQIYAH was not legislated except to secure with it the blood shed, so if it reaches to the bloodshed then there is no TAQIYAH, by Allah if you are called for our support, you will say that we cannot do we are doing nothing but practicing TAQIYAH. And at that time the TAQIYAH would have been more dearer to you from your parents, but if the QAEM (AJ) will come he will not need to ask you about that (reason of TAQIYAH and not supporting us), and he will for sure execute (WA LA AQAAMA) the punishment of Allah (HUDD) amongst many hypocrites amongst you (who have left our support because of TAQIYAH).

No TAQIYAH of benefits and unity in:• Corruption of religion: If TAQIYAH leads to a person to commit adultery, fornication, drinking KHAMR or intoxicants, killing some one, or any kind of major sin, unless if there was a severe threat on life.

• If it was a definite support of the enemies of Islam against Islam or the Muslims or some one in peace with the Muslims.

• No TAQIYAH in supporting the 12th Imam (AJ) as mentioned previously that the 12th Imam (AJ) will execute punishment of hypocrisy on those.

• If there is a sever danger to the religion it self from being exterminated.

Three things:• : ( : ين Wالخف مسح في له قّلت قال زرارة عن أيضا¹ فيه رواه

: : و المسكر، شرب أحدا¹ Wفيهن أتقي ال ثالثة فقال تقيWة؟ : : الواُجب يقل لم و زرارة قال الحج، متعة و ين، Wالخف مسح

¹ أحدا Wفيهن التتWقوا أن عّليكم• In the narration of ZORARAH, he said: I asked

him: Is TAQIYAH valid in wiping (in WODHU) on the shoes (sock sandals) for the TAQIYAH? So he (AS) said: “three thing I do not practice TAQIYAH in them, dinking intoxicants, wiping on the shoes, and the MOTAAH of the pilgrimage” ZORARAH commented: and he did not say that it is obligation on you not to protect your self from it.

• That means that Imam (AS) does not do TAQIYAH, so it is preferred not to do so, and not an obligation.

• But in other narrations our Imam Has prohibited clearly the TAQIYAH in these three situations.

• In the case of wiping: No TAQIYAH means that if a person does it he needs to repeat his salaat, unlike the prostration on the carpet.