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'There are three things that are obligatory for a governor, both towards the elite and the general public: rewarding the good-doer with goodness so that he increases in his desire to perform it, forgiving the sins of the wrongful so that he can repent and return from his rebellion, and encompassing all people with goodness and fairness.'

Imam Ja'far ibn Muhammad al-Sadiq [as]

Tuhaf dl-'Uqul, p. 319

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Question : #406

Category: Salaat / Prayers

Subject:	Fatwas of Ayatollah Sistani
Question:	Salamun 'alaykum Wa Rahmatullahi Wa Barakatuhu. I shall be grateful if you will kindly get me the answers to the following 4 question according to the Fatawa of Ayatullah Al-Uzma Sayyid Ali al-Husaini al-Sistani Dama-Dhilluhu. Iltimase Du'a. Ending with Salaams and Du'as. Yusuf ---------------------------------------- RULING NO. 1436 OF AYATULLAH AL-SISTANI DAMA-DHILLUHU IN ISLAMIC LAWS If a person joins the Imam at the time of Ruku, and participates in Ruku of the Imam, his prayer is in order, even if the Zikr by the Imam may have come to an end. It will be treated as one Rak’at. However, if he goes to Ruku and misses the Imam’s Ruku, he can complete his prayers as Furada. QUESTION 1 However, if he goes to Ruku and misses the Imam’s Ruku, he can complete his prayers as Furada. Am I correct to understand that since he has already gone to Ruku he will continue his Furada prayer from Ruku and it will be counted as his first Rak’at though he did not recite the Qir’at (Surah Al-Hamd and other Surah of the Holy Qur’an). --------------------------------------- RULING NO. 1434 OF AYATULLAH AL-SISTANI DAMA-DHILLUHU IN ISLAMIC LAWS If a person joins the Imam when he is in Ruku, but before he bows to Ruku, the Imam raises his head from his Ruku, that person has a choice either to complete his prayers as Furada, or to continue with the Imam up to Sajdah, with the Niyyah of Qurbat. Then when he stands, he can do Takbir other than Takbiratul Ihram, as a general Zikr, and continue with the congregation. QUESTION 2 If he decides to complete his prayer as Furada, am I correct to understand that since it was before he bows to Ruku (or was in the process of bowing for Ruku but did not reach the level of Ruku), he must recite Qir’at (Surah Al-Hamd and other Surah of the Holy Qur’an) to continue his prayer as Furada. ---------------------------------------- QUESTION 3 A Pesh-Imam leading Jumu’ah Prayer made an error, i.e. did two Ruku in one Rak’at or his Wudhu was broken, etc. which resulted in the Jumu’ah prayer becoming invalid. Under the above circumstances: Qa]Can he lead Salatul Jumu’ah again? Can the Salatul Jumu’ah be prayed again? Qb] If the answer is “No”, then Zuhr prayers will have to be prayed with Wajib Niyyah in which case can the Zuhr Salat be prayed in congregation? ---------------------------------------- QUESTION 4 The starting of Khutbah of Jumu’ah was delayed for more than 10-15 minutes because of the lack of presence of 5 Mu'mineen including the Imam or the Imam was late in arriving. As I understand, according to the ruling of Ayatullah Al-Sistani Dama-Dhilluhu, if the starting of Khutba is delayed for more than 10-15 minutes, while Salatul Jumuah can be prayed, it will not be sufficient and Zuhr prayer will have to be prayed with a wajib niyyah. Under the above circumstances explained, can the Zuhr Salat be prayed in congregation?
Answer:	Bismillah Salaam Alaikum. Inshallah this finds you in the best of health and faith. 1. Your understanding is correct. If one misses Qira'a by mistake, it will not invalidate the prayer. Hence, if he goes to ruku' thinking he can catch the Imam in Ruku', since he isn't missing Qira't intentionally, the prayer is intact. However, it will be Furada since the condition of Jama'a isn't met. 2. Again, your understanding is correct. One will have to recite Hamd and Sura. 3a. It seems the prayer is invalid. In this case, they can still perform Jum'a prayers which need to be lead by the same Imam. This is because it is required that the one who gives khutba's leads the prayer, and others can't do so. 3b. Zhuhr prayers can always be performed, but it's not required, since, as we mentioned, Jum'a prayers can still be offered. In terms of making the intention of wajib, that can be done regardless of the ability to perform Jum'a. Since, on Fridays we have two options for prayer at noon, which ever option we choose will be the wajib. To further explain, there are two types of wajib. One are those which we only have one option. The example is the dhuhr prayer on the other days of the week. You don't have any other option. However, we have some obligations that we get an option as to how we fulfill our obligation. In these cases, although we aren't obligated to choose a particular option out of those which have been provided, nevertheless, all options are fulfilling the obligation. So in our intention we are to consider it wajib. Lastly, it isn't wajib to bring to you attention before the prayer that this is wajib. In other words, you don't need to make the intention that this is wajib or mustahab, etc. What needs to be specified in the intention is what the action is and that it's being performed for the sake of God. 4. What Ayatullah Sistani mentions as the time for Salatul Jum'a is what is commonly understood to be the beginning of time. In other words, it isn't a requirement to start at the time of Dhuhr on the dot. As long as it's still the beginning of the time of Dhuhr, it is still acceptable. 10-15 minutes isn't surpassing that time limit. In any case, after Jum'a is performed, as a precaution, the Dhuhr prayer can be performed and all those present can join together and perform the Dhuhr prayer in a congregation (jama'at). Keep me in your prayers Fee Amanillah

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