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LEAVING THE PLACE OF IʿTIKĀF → ← CHAPTER FIVE » Spiritual Retreat (Iʿtikāf)

CONDITIONS FOR THE VALIDITY OF IʿTIKĀF

Ruling 1723. The following are the conditions for a valid iʿtikāf.

i. The muʿtakif must be a Muslim.

ii. The muʿtakif must be sane (ʿāqil).

iii. Iʿtikāf must be performed with the intention of attaining proximity to Allah.

Ruling 1724. A muʿtakif must have the intention of attaining proximity to Allah in the same manner that was mentioned regarding ablution (wuḍūʾ).[1] Iʿtikāf must be performed from start to finish with a sincere intention to attain proximity to Allah.

iv. The duration of the iʿtikāf must be a minimum of three days.

Ruling 1725. The minimum duration of iʿtikāf is three days; less than three days is incorrect. However, there is no maximum limit, as mentioned in Ruling 1721.

v. A muʿtakif must fast during the days of iʿtikāf.

Ruling 1726. A muʿtakif must fast during the days of iʿtikāf. Therefore, iʿtikāf performed by someone who cannot [legally] fast [during those days] – such as a traveller who does not intend to stay somewhere for ten days, a sick person, a woman in menstruation (i.e. a ḥāʾiḍ), and a woman who is experiencing lochia (nifās) – is not correct. Furthermore, on the days of iʿtikāf, it is not necessary to fast especially for performing iʿtikāf; rather, it is acceptable for one to keep any fast during iʿtikāf, even a fast that one has been hired to keep (istījārī), or a recommended fast, or a lapsed (qaḍāʾ) fast.

Ruling 1727. While a muʿtakif is fasting – i.e. from the time of ṣubḥ prayers until the time of maghrib prayers – everything that invalidates (i.e. makes bāṭil) a fast also invalidates iʿtikāf. Therefore, a muʿtakif must refrain from intentionally (ʿamdan) doing the things that invalidate a fast.[2]

vi. Iʿtikāf must be performed in one of ‘the four mosques’ or a jāmiʿ mosque.

Ruling 1728. It is correct to perform iʿtikāf in Masjid al-Ḥarām, Masjid al-Nabī (Ṣ), Masjid al-Kūfah, and Masjid al-Baṣrah. Similarly, it is correct to perform iʿtikāf in the jāmiʿ mosque of every town, except when the religious leadership (imāmah) of that mosque is in the hands of a person who is not dutiful (ʿādil), in which case, based on obligatory precaution, iʿtikāf is not correct. A jāmiʿ mosque is one that is not particular to people of a specific locality, area, or group; rather, it is a place where people of different areas and localities of the town gather and frequent. The legality (mashrūʿiyyah) of iʿtikāf performed in any mosque other than a jāmiʿ mosque is not established; however, there is no problem in performing iʿtikāf in other mosques with the intention that it being a desirable act is probable. As for performing iʿtikāf in a place that is not a mosque – for example, in a place that is a ḥusayniyyah[3] or only a prayer room – it is not correct and has no legal basis.

vii. Iʿtikāf must take place in one mosque.

Ruling 1729. It is necessary that iʿtikāf be performed in one mosque. Therefore, one iʿtikāf cannot be performed in two mosques, whether they are separate from each other or joined together, unless they are joined together in a manner that they are commonly considered one mosque.

viii. Iʿtikāf must be performed with the permission of one whose permission is legally (sharʿan) required.

Ruling 1730. Iʿtikāf must be performed with the permission of one whose permission is legally required. Therefore, if a woman’s staying in a mosque is unlawful (ḥarām) – for example, because she has left her house without the consent of her husband – her iʿtikāf is invalid. In case a woman’s staying in a mosque is not unlawful but performing iʿtikāf conflicts with her husband’s rights, the validity of her iʿtikāf – if performed without her husband’s permission – is problematic (maḥall al‑ishkāl) [i.e. based on obligatory precaution, it is not valid].[4] Similarly, if iʿtikāf disturbs and annoys one’s parents due to their compassion and sympathy for him, it is necessary for him to obtain their permission. And if it does not annoy them, the recommended precaution is that he should get their consent.

ix. A muʿtakif must refrain from doing the unlawful acts of iʿtikāf.

Ruling 1731. Someone who is performing iʿtikāf must refrain from doing the unlawful acts of iʿtikāf, which are as follows:

1.
smelling a pleasant fragrance;

2.
having sexual intercourse with one’s spouse;

3.
masturbating, having sexual contact with one’s spouse by means of touching, and lustfully kissing (based on obligatory precaution);

4.
disputing (mumārāh) and arguing (mujādalah) with others;

5.
buying and selling.

Doing these things invalidates one’s iʿtikāf. In the case of an iʿtikāf that is not an assigned obligation [i.e. it is not al‑wājib al‑muʿayyan],[5] the obligation to refrain from these things – apart from having sexual intercourse – is based on obligatory precaution.[6]

Ruling 1732. It is not permitted (jāʾiz) for a muʿtakif to smell perfumes in any circumstance – whether he derives pleasure from smelling them or not – neither is it permitted for him to smell fragrant plants and flowers if he derives pleasure from doing so; however, there is no problem if he does not derive pleasure from smelling them. Similarly, a muʿtakif can use perfumed personal cleansing products, such as liquid soap or a bar of soap, shampoo, and toothpaste that has a pleasant smell. However, it is not permitted to smell the perfume that people who are not performing iʿtikāf usually apply when they come to mosques; but, apparently, merely having a sense of the fragrant smell is not a problem, nor is it necessary for one to hold his nose.

Ruling 1733. While one is performing iʿtikāf, it is not permitted for him to have sexual intercourse with his spouse – even if it does not result in ejaculation – and doing so intentionally invalidates iʿtikāf.

Ruling 1734. Based on an obligatory precaution, a muʿtakif must not intend to ejaculate (even by lawful means); furthermore, he must refrain from having sexual contact with his spouse by means of touching, and he must refrain from lustfully kissing her. Looking lustfully at one’s spouse during iʿtikāf does not invalidate one’s iʿtikāf, but the recommended precaution is that one should refrain from doing so.

Ruling 1735. Arguing about worldly or religious matters while one is performing iʿtikāf is unlawful if it is done with the intention of defeating the other person or showing off one’s virtues and superiority. However, if it is done with the intention of making evident what is right, clarifying what is true, and resolving an error or mistake made by the other party, not only is it not unlawful but it is one of the best forms of worship. Therefore, the criterion [of whether such action is unlawful or not] is the intention of the muʿtakif.

Ruling 1736. Buying and selling while one is performing iʿtikāf is unlawful. And based on obligatory precaution, any type of business transaction – such as hiring (ijārah), sleeping partnership (muḍārabah),[7] and exchange (muʿāwaḍah) – is also unlawful, although the transaction (muʿāmalah) that is conducted is valid.

Ruling 1737. Whenever a muʿtakif is compelled to conduct a transaction to procure food and drink or other necessary items, and he cannot find someone else who is not a muʿtakif to do this on his behalf by way of agency (wikālah), and it is not possible for him to procure the items mentioned above without conducting a transaction – for example, by way of receiving them as a gift or borrowing them – in such a case, there is no problem in him conducting the transaction.

Ruling 1738. If a muʿtakif intentionally commits an unlawful act of iʿtikāf despite knowing the religious law (al‑ḥukm al‑sharʿī), his iʿtikāf becomes invalid.

Ruling 1739. If a muʿtakif inadvertently (sahwan) or forgetfully commits an unlawful act of iʿtikāf, it does not invalidate his iʿtikāf in any circumstance.

Ruling 1740. If a muʿtakif commits an unlawful act of iʿtikāf on account of not knowing the ruling about this, in the event that he was culpably ignorant (al‑jāhil al‑muqaṣṣir),[8] his iʿtikāf becomes invalid. If he was inculpably ignorant (al‑jāhil al‑qāṣir), his iʿtikāf is valid and it will be ruled to be inadvertence [which as mentioned in the previous ruling, does not invalidate one’s iʿtikāf in any circumstance].

Ruling 1741. If a muʿtakif invalidates his iʿtikāf by doing one of the things that renders an iʿtikāf invalid – which were mentioned in the previous rulings (masāʾil) – and if the iʿtikāf is an assigned obligation,[9] then based on obligatory precaution, he must make up the iʿtikāf [i.e. he must perform it belatedly as qaḍāʾ]. If the iʿtikāf is not an assigned obligation – for example, one makes a vow to perform iʿtikāf without assigning a time for it – it is obligatory that he start the iʿtikāf all over again. If it is a recommended iʿtikāf and one invalidates his iʿtikāf after the completion of the second day, then based on obligatory precaution, he must make up the iʿtikāf. And if one invalidates a recommended iʿtikāf before the completion of the second day, there is no obligation for him and he does not have to make it up.

x. A muʿtakif must remain in the place of iʿtikāf and he must not leave it except in cases where leaving is legally permitted.

Ruling 1742. In cases where it is permitted for a muʿtakif to leave the mosque, he must not stay outside the mosque for longer than it is necessary for him to attend to the matter in question.

[1] See the sixth condition for the validity of wuḍūʾ and Ruling 281.

[2] See Ruling 1551 for a list of things that invalidate a fast.

[3] A ḥusayniyyah is a congregation hall used by Shia Muslims for religious ceremonies.

[4] As mentioned in Ruling 6, the term ‘problematic’ (maḥall al‑ishkāl) amounts to saying the ruling is based on obligatory precaution.

[5] An assigned obligation is an act of worship that must be performed at one distinct time. One way that an iʿtikāf could become an assigned obligation is by means of a vow.

[6] This means that, with regard to an iʿtikāf that is not an assigned obligation, the obligation to refrain from having sexual intercourse is a fatwa, whereas the obligation to refrain from the other things is based on obligatory precaution (see Ruling 6 for the distinction between a fatwa and a ruling based on obligatory precaution). As for an iʿtikāf that is an assigned obligation, the obligation to refrain from these things is a fatwa.

[7] This is a contract between two people in which one of them provides capital to the other so that the latter may trade with it and the profits be divided between them. See Chapter 14.

[8] The terms ‘culpably ignorant’ and ‘inculpably ignorant’ are explained in footnotes pertaining to Ruling 12.

[9] See the first footnote pertaining to Ruling 1731 for an explanation of this term.
LEAVING THE PLACE OF IʿTIKĀF → ← CHAPTER FIVE » Spiritual Retreat (Iʿtikāf)
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