Miscellaneous Rules
2823. If the roots of one’s neighbor’s tree come into the property of a person, it is permissible for him to stop it from growing, and if any damage occurs to him due to the growing root, he can ask for compensation from the owner of the tree.
2824. Dowry given by the father to his daughter, if he has handed over to her as compromise (Sulh) or has just given it to her and made her property, he cannot take it back, but if he had not transferred it into her property, there is no harm in taking it back.
2825. If a person dies, his adult heirs can spend from their share of inheritance for organizing the commemoration ceremony of the deceased, but it is not permissible to take away anything from the share of the minor heir.
2826. If a person backbites (does Ghibat of) a Muslim, and if it does not create any instigation, and that Muslim does not feel hurt after listening to those words, it is better that the backbiter asks for forgiveness from that person, and if it is not possible to reach that person, he should ask Almighty Allah for forgiveness. However, if due to his backbiting he has disrespected a Muslim, if it is possible, he should try to undo the disrespect.
2827. It is not permissible for anyone, without the permission of a Mujtahid, to take away the Khums from someone who does not give away Khums, and gives it to Mujtahid.
2828. Songs which are specifically vocalized in the amusement parties and movies (theatre, concerts etc.), are Ghina (music) and Haraam. It is Haraam if someone recites Nauha, lamenting or even Qur’an with Ghina. However, if it is recited in a beautiful voice which is not considered as Ghina, there is not harm in it.
2829. There is no harm in killing an animal which is not owned by anyone and is creating inconvenience to people.
2830. Prizes given by banks to encourage the Qarz ul Hasanah account holders is permissible.
2831. If an object is given to an artisan for repairing and the owner of that object does not come back to take it, and if the artisan searches for him and loses the hope to find him, then he should give that object as Sadaqah on behalf of the owner of that object, and can take his fee from the amount received after selling the object; and as per precautionary measures, he should seek permission from the Mujtahid for giving the object away as Sadaqah and also for taking his fee from the received money.
2832. There is no harm in beating chest due to mourning in alleys and markets, while women are passing by, if the one who is beating the chest is wearing a shirt; and also carrying flag and similar thing in front of the mourning procession is permissible, but using instruments of amusement is not permissible.
2833.
2834. There is no harm in planting gold teeth or a cover made out of gold for women. However, for men, if it is considered as ornament or fashion, it is not permissible.
2835. It is Haraam to masturbate, i.e. to perform an act due to which semen ejaculates.
2836. It is Haraam for one to shave his beard or trim it with a trimmer in such a way that it looks like it has been shaved, in this rule there is no concession for anyone. Rules made by Almighty Allah do not change even if people make fun of him. So, if someone who has recently become Baligh, or if he does not shave his beard because people may make fun of him, and for this reason, he shaves his beard or trims it in such a way that it looks like a shave, his act will be considered as Haraam.
2837. It is Mustahab, in fact highly recommended that the guardian of the child circumcises the child before he becomes Baligh, and if the guardian fails to circumcise the child, after becoming Baligh, it will become obligatory upon the child to circumcise himself.
2838. It is Haraam to peep or to look into the house of another person without the permission of the owner of the house, whether it is from the top of the roof or from a window.
2839. If the parents are poor and are not able to earn, however their child is able to earn, it is upon the child to give the expenses of his parents.
2840. If a person is poor and is also not able to earn, it is upon his father to give his expenses, and if his father does not have money, or he can’t give it, and if he does not have a child to support him, it is upon his paternal grandfather to give his expenses, and even his paternal grandfather does not have money or can’t give it, it will be upon his mother to give his expenses, and if his mother does not possess any money or can’t give it, the paternal grandmother and maternal grandmother and maternal grandfather all of them together should give his expenses, and if the paternal and maternal grandmothers do not possess any money or can’t give it, if it is possible maternal grandfather should give his expenses.
2841. A wall which is owned by two people, none of them without the permission of the other one has the right to build it, or place a pillar or foundation of a building on that wall, or nail something on that wall, however, there is no harm in doing things about which one is certain that his partner will be contended or which is not considered as seizure, such as leaning on the wall or drying clothes on it.
2842. Taking or drawing pictures of a face is Makrooh.
2843. If the branch of a fruitful tree comes out of the boundary of the farm and the person is not certain that the owner will be content, it is not permissible for him to pluck the fruit from the branch; even if the fruit is lying on the ground it is not permissible for him to pick it.
2844. A person who has not been paying his Khums for sometime and during that time, he has bought a property and the price of that property has risen, if he has bought that property for business purpose, for the payment of the Khums, he should calculate according to the current value. And if it was not for the purpose of business, and the transactional agreement was not on cash payment and the money which was paid as the price of that property, Khums had become obligatory upon that, in this situation he should pay the Khums on the price at which he bought the property, and if the payment for that property was made in cash, and the Mujtahid legalizes the transaction, Khums will become obligatory on the price of the day of payment, and if the payment was made from the profit of the year in which the property was bought, he should pay the Khums on the current value of the property, whether or not he made the payment of the property in cash. And the rule is same if he has bought the property on credit, and has paid the price of the property from the yearly profit of that property, in this case too he should pay the Khums on the current value of the property.
2845. A person has not been paying his Khums for sometime and during that time he has bought some furniture and other necessary things for his house, if he knows that he has bought those things from the savings of that particular year, Khums will not become obligatory upon it. And if he does not know, it is highly recommended that he should compromise with the Mujtahid, although this precautionary measure is not obligatory.
2846. Utilization of blood in other than its consumption, and even selling it for the Halal usage is permissible. So there is no harm in what is prevalent today that the blood is sold for the usage of sick and injured people, however, someone who wants to give his blood to someone else, as per precautionary measures, he should take money for seeking permission to take his blood, and this precautionary measure should not be avoided to every possible extent. But if taking the blood is harmful for the person, then there is Ishkal in doing so. And if it is very harmful for him, then it is not permissible.
2847. There is no harm in inseminating the wife with the sperm of her husband, and the child will be treated as the offspring of both of them, and will inherit from both the parents. Insemination of a stranger’s sperm in a woman is Haraam.
2848. Postmortem of a Muslim’s dead body is Haraam, even if it is for educational purpose. Blood money will become obligatory if it is mutilated, however, postmortem of a non – Muslim is permissible and blood money is also not obligatory.
2849. If a part of a dead body is transplanted into the body of a living person, if the life incarnates in that part, that part will be considered as the part of the body of a living person, and since he is helpless in carrying that part before it revives, so during prayer the rules applicable for helpless people will be applied to him.
2850. If a part of an essentially Najis animal is connected to a person, in the case where the patient does not have any other option apart from this, there is no harm in it. And once life is incarnated in that part, it will be considered as his body part and will also become Pak.
2851. Marriage of a Muslim man or woman with the people of Baha’i faith is not permissible, and Nikah and marriage with them will be void. Whether it’s a man or woman, it is obligatory upon them to separate. It is obligatory upon the Muslims to separate them from each other and even divorce is not required, however, if the woman did not know that her husband is of Baha’i faith or she did not know the ruling that she should not have married a Baha’i man, after separating from him, it
is obligatory upon her to observe the ‘Iddah of doubtful sexual relationship, i.e. ‘Iddah of divorce.
2852. It is obligatory upon a person to earn for his needs and for the need of his wife, whose expenses are obligatory upon him, if he has sexual relationships with her. In fact, as per obligatory precaution, it is obligatory upon him to earn to pay back his debts.
2853. It is obligatory on every Muslim to help another Muslim, who is about to die due to hunger or thirst, by giving him bread and water, and save him from dying.