The next topic I would like to turn to is the Najasah of the Kafir. This blog is an introduction to the topic. It is a contentious issue now because of the sheer implications of the ruling and the fact that recently, some scholars have come out with different rulings.
1. In summary, the Shi’i point of view had, until a few decades ago, been that all polytheists (including Ahl al-Kitab [i.e. Christians, Jews and Zoroastrians]) were physically Najis i.e. their touch (with the presence of moisture) would require washing before praying.
2. This changed a few decades ago, with the general Shi’i position now considering people of the Book to not be physically Najis.
3. Now Syed Fadlallah (1) believes that even polytheists are not physically Najis (although it is Ihtiyaat al-Mustahab to consider them Najis), and Ayatullah Saanei (2) also considers everyone tahir (pure) other than those who are stubbornly religiously against Islam (which does not even include those who are fighting against Muslims for political reasons).
Therefore, due to the fact that in spite of little changing in the context or the source texts, the ruling has changed so dramatically, and the implicit implications that non-Muslims are somehow less “clean” in a physical sense, I believe this is an interesting topic to open up.
As with the previous topic, I would like to present Ayatullah Khui’s views (3), and discuss how I have been told Ayatullah Fadlallah’s derivation differs.
Anyway, back to Ayatullah Khui’s book and his discussion. He brings narrations from all sides of the argument but to start, Ayatullah Khui believes there is no doubt at all in the “Najasah” of the “Mushrikun” and it is, in his view, one of the necessities amongst the Shia. He had not encountered any opinion against this from any Shii scholars (even though most Sunnis believe in their Taharah (4), with few exceptions (5)). This consensus is based on the verse of the Qur`an:
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِنَّمَا ٱلْمُشْرِكُونَ نَجَسٌۭ فَلَا يَقْرَبُوا۟ ٱلْمَسْجِدَ ٱلْحَرَامَ بَعْدَ عَامِهِمْ هَٰذَا
“O you who believe! the “Mushrikun” are nothing but unclean, so they shall not approach the Sacred Mosque after this year…” (6)
However, as I explained earlier, Ayatullah Fadlallah believes in the Taharah of even the Mushrikun. How is this possible? The reasoning provided to me by Shaykh Abu Mahdi, and the reasoning that I have heard whilst in Syria, was that “Najis” does not necessarily have to be a physical uncleanliness – it could be a spiritual uncleanliness. We will come to narrations which discuss this in a later blog.
Due to the fact that Ayatullah Khui does not consider the Mushrikun to have any chance of being tahir, we will look at his exceptions to this.
There are, therefore, three types of Kafir:
1. Those who believe in more than one God i.e. polytheists (mushriks) – which he considers to be najis due to consensus (based on the verse of the Qur`an) – as explained above
2. Those Kafirs who were/are stubbornly against Imam Ali (AS) e.g. the Nasib is worse than the Mushrik (based on the narration of Ibn Abu Ya’fur: “God May he be Exalted did not create anything more Najis than the dog, and the Nasib is more Najis to us as the Ahl al-Bayt than it (dog)” (7), and therefore, the Najasah will apply to him as well. (8)
This type of argument is a type of analogy based on reason, that is often used in Shi’i reasoning, and is subsumed under the category of ‘Aql.
3. Those non-Muslims who believe in one God i.e. ahl al-Kitab
In this final category, there has been disagreement amongst the scholars from the past until the present, and the future blogs will look at this in further detail.
1. Volume 1 of Fiqh al-Shari’a, page 36, point 77: 11
2. http://saanei.org/?view=03,00,00,00,0#03,05,13,4,0
3. Pages 37-52 of Volume 3 of his major Fiqh work Sharh al-‘Urwat al-Wuthqa
4. Tafsir al-Kabir 24:16, Mughanni Chapter 1, Page 49
5. Example: Fakhr in his Tafsir, Chapter 16, Page 24
6. Surah Tawba: 28
7. Wasa`il al-Shi’a 1:220, Chapters on mixed water: 11:5
8. I made a mistake in the post previously before editing it - please note the change.
point 2 on three different kinds of kafir, you say are those that do not believe in God. then in brackets you put nasib and gave a translation to that as "stubbornly against Allah".
ReplyDeleteFirst, not believing in God is not the same as being stubbornly against Him.
second, I always understood nasibi to be a hater of AhlulBayt [plz clarify on this] and (from what i've been told) there is wajib-qatl on these people.
Salaams,
ReplyDeleteAny update on the detailed second part of this topic?