Download General Rules of Jurisprudence Lesson 2

General Rules of Jurisprudence
Lesson 39
‫ قاعدة التقية‬Part Three
The 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.
• ‫ (سمعت أبا‬:‫عبداّلل بن أبي يعفور قال‬
‫في (الكافي) عن‬
‫ه‬
‫( التهقيهة ترس المؤمن و التهقيهة حرز‬:‫عبداّلل (ع) يقول‬
‫ه‬
)‫) (التهقيهة ُجنهة المؤمن‬،‫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.
• ‫ (قال‬:‫صدوق في (علل الشهرايع) عن أبي بصير قال‬
‫ما رواه ال ه‬
‫اّلل ه‬
:‫ فقال‬:‫اّلل؟ قال‬
‫ من دين ه‬:‫ قلت‬،‫عز و ج هل‬
‫ التهقيهة دين ه‬:)‫أبوعبداّلل (ع‬
‫ه‬
‫اّلل‬
‫اّلل من دين ه‬
‫إي و ه‬
• “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”
• ‫ (ال إيمان لمن‬: ‫صادق (ع)ـ‬
‫ما رواه الكليني عن ابن أبي يعفور عن ال ه‬
)‫التقيهة له‬
• “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”
• :)‫عبداّلل (ع‬
‫هشام بن سالم عن أبي‬
‫ه‬
‫ ( ه‬:‫قال‬
• ‫أسروا اإليمان و أظهروا‬
‫ ه‬،‫إن مثل أبي طالب مثل أصحاب الكهف‬
)‫مرتين‬
‫ فآتاهم ه‬،‫الشهرك‬
‫اّلل أجرهم ه‬
TAQIYAH bridges the gaps
‫ عليك بالتهقيهة فإنهها سنهة إبراهيم‬:‫صادق يقول‬
‫أباعبداّلل جعفر بن محمد ال ه‬
‫ه‬
َ
‫اّلل ه‬
‫ ادفع بالهتي هي‬:‫عز و ج هل بالتهقيهة فقال‬
‫(أن رسول هللا) أدهبه ه‬....‫الخليل‬
َ ‫َاوةٌ كَأَنَّهُ ولي َحمي ٌم* َو َما يُلَقَّا َها إاله الَّذ‬
ُ
‫ِين‬
َ ُ‫أحسن فإذَا الهذي بَ ْينَ َك َو بَ ْينَه‬
َ ‫عد‬
) ‫صبَ ُروا‬
َ
ُ‫س ُن فَ ِإذَا الَّذِي بَ ْينَ َك َوبَ ْينَه‬
ْ َ‫َو َال ت‬
َ ْ‫ي أَح‬
َ ‫ستَ ِوي ا ْل َح‬
َّ ‫سنَةُ َو َال ال‬
َ ‫س ِيهئَةُ ا ْدفَ ْع ِبالَّتِي ِه‬
}34{ ‫َاوةٌ كَأَنَّهُ َو ِلي َح ِمي ٌم‬
َ
َ ‫عد‬
[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.
‫صبَ ُروا َو َما يُلَقَّا َها ِإ َّال ذُو َح َ ه‬
َ ‫َو َما يُلَقَّا َها ِإ َّال الَّذ‬
• }35{ ‫ظ ع َِظ َيم‬
َ ‫ِين‬
[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.
ٌ ‫ان نَ ْز‬
َ ‫نز‬
َ ‫َو ِإ َّما َي‬
}36{ ‫س ِمي ُع ا ْل َع ِلي ُم‬
َّ ‫غنَّ َك ِم َن ال‬
ِ َّ ‫ستَ ِع ْذ ِب‬
ْ ‫غ فَا‬
َّ ‫اّلل ِإنَّهُ ُه َو ال‬
ِ ‫ش ْي َط‬
[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:
• : ‫عن أبي حمزة الثمالي قال‬
• ‫ يعرف‬، ‫ لم تبق االرض إال وفيها منا عالم‬: ) ‫قال أبو عبدهللا ( عليه السالم‬
‫ فاذا بلغت التقية الدم‬، ‫ إنما جعلت التقية ليحقن بها الدم‬: ‫ قال‬، ‫الحق من الباطل‬
‫ ولكانت التقية‬، ‫ ال نفعل إنما نتقي‬: ‫ وأيم هللا لو دعيتم لتنصرونا لقلتم‬، ‫فال تقية‬
‫ ولو قد قام القائم ما احتاج إلى مساءلتكم عن‬، ‫أحب إليكم من آبائكم وأمهاتكم‬
‫ والقام في كثير منكم من اهل النفاق حد هللا‬، ‫ذلك‬
• 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:
•
•
•
•
•
‫ ثالثة ال‬:‫ في مسح الخفهين تقيهة؟ فقال‬:‫ (قلت له‬:‫رواه فيه أيضا ً عن زرارة قال‬
‫ه‬
‫ و‬:‫ قال زرارة‬،‫ و متعة الحج‬،‫ و مسح الخفهين‬،‫ شرب المسكر‬:ً ‫فيهن أحدا‬
‫أتقي‬
ً ‫فيهن أحدا‬
‫ه‬
‫ الواجب عليكم أن التتهقوا‬:‫لم يقل‬
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.