Organ donation (2)

In this blog, we will focus on the narrations that are relevant to extracting organs from a dead person. Of course, we know that there was no organ transplantation in that time, and therefore, these blogs will show how the scholars are able to look at a new topic using the insights from our textual sources.

In addition, the fact there was no organ donation in that time, means that there will not be a clear and absolute prohibition against it, so other methods/discussions are used.

In essence, these all point to the fact that amputating organs from a dead body is a disgrace/is haram. Firstly, I will look at the narrations chosen by Ayatullah Muhammad Asi al-Muhsini (1):

• Sahih of Jamil from more than one person from Abu Abdullah (AS) that he said: amputating the head of a dead person is worse than amputating the head of a person who is living.
• Sahih of Masma’ Kardayn who said: I asked Abu Abdullah about a man who cut the bone of a dead person? He said: the Haram of this, when it is concerning a dead person, is greater than if the person was alive (3)
• Sahih of Safwan who said: Abu Abdullah (AS) said: Allah disdains thinking about a mu’min, except good; and you cutting his [referring to Mu’min’s] bones, whether the person is alive or dead, is the same (4)
• Sahih of ibn Sinan from al-Sadiq (AS) about a person who cuts the head of a dead person, and he said: he has to pay diya, because it is forbidden when the person is dead in the same way as if the person is alive (5)

All of these narrations are considered sahih (good chain of narration), and given there are no qualifiers/exceptions/conditions, we might infer using the usul al-fiqh principle of itlaq, that the rule is a general rule i.e. it is Haram to cut the body of a Muslim full stop.

[Although Ayatullah Muhsini does not discuss this point here, I would like to just note that this rule is not applicable to non-Muslims as the general idea in Islamic law, is that it applies to Muslims only, and it is unfair to impose our practices on others.]

There are also a range of other narrations on this topic but they essentially say the same thing so I will not repeat them here (e.g. refer to (6)). In the next blog, we will analyse the importance of these ahadith in determining the base position of the various scholars.


(1) Al-fiqh wa al-masa`il al-tibbiyya by Ayatullah Muhammad Asif al-Muhsini, Issue 20: Rule of amputating organs of the dead person, Page 176-180
(2) Ahadith from Jami’ al-Ahadith, Volume 26, Page 497-9
(3) also in Was`il, v 19, page 351
(4) also in Was`il, v 19, page 351
(5) also in Wasa`il, volume 19, Page 248
(6) Wasa`il, chapter on diya

Organ donation (1)

In the next series of blogs, we will focus on an issue that was raised by one of the readers of this blog, as well as an issue that is very troublesome to many within the Muslim community – that of organ donation.

In recent times, many have attempted to encourage the Shii community in particular to give organs, but for a host of reasons, such initiatives have not been able to take off. One of these reasons, has been fiqh and/or the Islamic law.

In this blog, I would like to set up the issue by determining the key points of concern when it comes to donating an organ:

1. After death:
a. Is it allowed to operate on a dead body for the purpose of extracting organs?
b. Are there conditions associated with this?
c. Does it depend on the person receiving the organ?
d. Would these require a will?
e. Does the family have to consent?
(To keep things simple, I am currently ignoring the difficulties about determining when is death i.e. brain death or heart stopping…etc.)

2. Whilst living:
a. Does it depend on the type of organ – is this different to blood?
b. Does it depend on the person receiving the organ?
c. Can you charge for this?

In the following blogs, I will be using the following main sources:
• Al-fiqh wa al-masa`il al-tibbiyya by Ayatullah Muhammad Asi al-Muhsini – this seems to be one of the few works that is very thorough on not the law, but the reasoning behind the law
• Websites of prominent ‘ulema, where they are able to provide colour on their reasoning/rationale behind the law
• Some of the views of scholars in the field of Islamic bio-ethics

At the end of this series of blogs, I will look at the rulings of prominent ‘ulema, and hopefully it will be possible for you to understand why they have come to the conclusion they have come to – and see inside the mind of these scholars!

Following this, I might (if there is a desire from the readers), provide some of my personal thoughts on this issue, in particular with regards to the bio-medical ethical framework that some regard as necessary in this regard. However, in all of these blogs, I have normally not done this, so will only do so if people believe it is useful!

Harmonising contradictory narrations (the time for Salat al-Asr) - Part 7

Now it is interesting to note how this analysis is borne out in the rulings of contemporary scholars

• Syed Seestani: “Minhaj al-Salihin” [3 volume Arabic version] (volume 1 of 3, p 168): this is exactly in line with the discussions in the blog, and one might understand this based on the fact that Syed Seestani’s rulings are in general, similar to Ayatullah Khui.

- Fadila for Dhuhr: midday to 4/7th shadow; although it is better to pray before 2/7th shadow
- Fadila for Asr: from 2/7th of the shadow to 6/7th shadow; although it is better to pray before 4/7th shadow
- If there is severe heat, then the Fadila time is extended to the length of the shadow or two

• Syed Fadlallah: “Fiqh al-Shari`a” [3 volume Arabic version] (volume 1 of 3, p 248):
- Fadila for Dhuhr: midday to 4/7th shadow
- Time of Fadila for Nafila of Dhuhr: as above
- Time for Jum’a is: midday to when the shadow is equal to the size of a person
- Fadila for Asr: from 2/7th of the shadow to 6/7th shadow
- Time of Fadila for Nafila of Asr: as above
- It is better to separate the prayers
- He does not mention anything specifically in this section about if it is too hot (and I confirmed that he does not consider there to be any difference in the severe heat through an email exchange with his office); nor does he mention anything about the preference to be 2/7th shadow


In summary, we can see the basis of these two scholars' rulings - and how they are able to deal with the apparently contradictory ahadith on the topic.

In the next series of blogs, we will look at a suggestion by one of the readers of this blog - organ donation! If anyone has any other suggestions, please get in touch!

Harmonising contradictory narrations (the time for Salat al-Asr) - Part 6

In this blog, we are focusing on what is meant by a foot or cubit (as everyone has a different size).

Consider the muwathaq narration of Isma’il al-Ju’fa from Abu Ja’far (AS):

• ‘He said: ‘The messenger of Allah (SAW) when the shadow of the wall was a cubit, he used to pray Dhuhr; and when it was two cubits, he used to pray Asr.’ I said: ‘Walls differ in size – some are short and others tall’. He said: The wall of the mosque of the messenger of Allah (SAW) used to be a fathom. (قامة) (1)

Based on this, if the wall is taller or shorter than one fathom, it is important to notice its shadow to ensure that the relationship between a foot and a fathom which is a seventh; like the relationship between a cubit to a fathom is two sevenths.

For those interested, the three terms are:
• Foot (قدم) = 1/7 of the shadow
• Cubit (ذراع) = 2/7 of the shadow
• Fathom (مثل or قامة) = the length of the shadow

Therefore, the time for Asr is at 2/7 or 4/7 of the length of the shadow.

In the next blog, we will look at the rulings of the various scholars on this topic.

(1) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 10

Harmonising contradictory narrations (the time for Salat al-Asr) - Part 5

We have so far looked at the technical issues explaining the best time to pray Dhuhr and Asr. However, there is one exception mentioned in this section of the work by Ayatullah Khui and that is what to do in the case of severe heat:

• Muwathaq narration of Zurara who said: “I asked Abu Abdullah (AS) about the time for Dhuhr in severe heat ….he said to him: ‘If your shadow is the same length as yourself, then pray Dhuhr, and if your shadow is like two of you, then pray Asr.’” (1)

And the way to harmonise between this narration and those that talk about one or two feet, is by considering this to be an exception/particularization to the general rule:

• In severe heat, in order to be able to pray free from fear and with your heart present and your soul content and to ensure you do not hurry your prayer, the fadila time is extended to when the length of the shadow is equal to your body length.

This is confirmed by a narration attributed to the prophet (SAW) (2). There is one other narration that also talks about the time of Dhuhr and Asr, and rather than talking about 2 or 4 feet, it talks about 1 or 2 fathoms:

• Narration from Muhammad ibn Hakim, who said: “I heard the righteous servant (AS) who said: ‘The first time for Dhuhr is midday of the Sun, and the end of its time is a fathom from midday. And the first time for the time of Asr is one fathom and the end of it, is two fathoms.’ I asked ‘Is it the same in the Winter and Summer?’. He said: ‘Yes’” (3). This is clear in putting the beginning of Asr at one fathom – making it clear it is at all times by it being the same in both seasons.

Given the lack of other evidence to corroborate this opinion (i.e. it is a fathom rather than a foot/cubit), we have to cast this narration aside and return its knowledge to its owners. This is due to the weakness in its chain due to Muhammad ibn Hakim who is not known to be trustworthy as well as the fact it contradicts all the previous narrations so can be set aside.

Or it is possible to attribute the word “fathom” to “cubit” as the author of al-Hada’iq has done, based on the narration of ibn Handhala who said:
• Abu Abdullah (AS) said to me: ‘the fathom and two fathoms are one cubit and two cubits in the book of Ali (AS)’” (4)

However, this attribution seems very unlikely and there is no direct relevance to this topic here as the attribution of fathom to cubit in the book of Ali (AS) does not mean it will have that meaning from Imam Musa ibn Ja’far (AS). Whatever the case may be, it is relatively unimportant, as we already know the narration has a weak chain of narration.


We have therefore concluded:
• Time to pray Dhuhr and Asr starts at midday
• Best time for Dhuhr is after praying Nafila prayers for Dhuhr after midday, with it ending at the time of Asr
• Best time for Asr is after praying the Nafila prayers for Asr, starting at 2 or 4 feet

In the next blog, we will discuss what this “feet” term means.

(1) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 13
(2) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 6
(3) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 29
(3) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 14

Harmonising contradictory narrations (the time for Salat al-Asr) - Part 4

In this blog, we will look at why there are different lengths of time provided for Asr prayers i.e. why it sometimes says one cubit, two cuts or more…

Firstly, let’s refer to the second hadith in the blog before my break i.e. the muwathaq narration of Dharih al-Mahaarabi from Abu Abdullah (AS) who said: “People asked Abu Abdullah (AS) whilst I was present…some of the people said: ‘we pray the first [of the two i.e. Dhuhr] if it [the shadow] is at two feet and Asr when it is at four feet’. Abu Abdullah (AS) said: ‘half of that is better for me’” (1).

This suggests that it is best to complete the Nafila prayers in the time it takes for the shadow to reach one foot, and that is a clear way of harmonizing between the narrations that say 2 feet (or 1 cubit) and those that say 4 feet (or 2 cubits) i.e. by attributing it to the difference in levels of what is best. The best would be to pray Nafila prayers at midday so that they can be completed and the shadow would be one foot. Then the Farida prayer is legislated at that time. After completing that, the time for Nafila of Asr begins, after which time comes the Farida time for Asr, and that is at two feet.

And if that is not possible, then the best is to complete the Nafila of Dhuhr at when the shadow is at two feet, then Dhuhr, and two feet after that for the Nafila of Asr, so that its Farida is prayed when the shadow is at 4 feet (from the beginning of midday). It is as if he (AS) wanted to widen in his explanation the best time by providing different levels of what is best.

And there are some narrations that back up this view such as the sahih narration of Zurara: “If your shadow reaches a cubit from midday, then begin your Farida and leave the Nafila. And if your shadow reaches two cubits, then pray the farida and leave the Nafila.” (2). This shows that the shadow reaching one cubit (i.e. two feet) is the last time for the Fadila of Dhuhr i.e. you cannot pray Nafila after that (Qada of Nafila is possible though). Similarly with Asr and two cubits.

As for the definition of it being a fathom or the shadow being the length of someone or twice his length, these narrations require more discussion, due to the opinion in them that they may be to do with the end of the time of prayer, and discussion on that will come later. For example: the narration of Ahmad ibn Amr from Abu al-Hasan (AS) who said: “I asked him about the time for Dhuhr and Asr. And he said: ‘the time for Dhuhr is when the sun reaches midday until the shadow reached one fathom; and the time of Asr is one and a half fathoms to two fathoms.” (3) There are many similar such narrations.


In the next blog, we will look at exceptions to this rule.


(1) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 22
(2) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 3
(3) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 9

Harmonising contradictory narrations (the time for Salat al-Asr) - Part 3

In the previous blog, we addressed the rationale for solving the seemingly contradictory narrations on the time for Dhuhr and Asr. We concluded that the narrations agreed with the premise:

• All other things being equal, the time for Dhuhr and Asr, is midday
• However, if you pray the nafila prayers, then the time for Dhuhr and Asr becomes later, and the varying terms mentioned for the time period after midday are only examples of how long it would take to pray the nafila prayers, and are not themselves the time for praying Dhuhr and Asr

I think it is important to develop this a bit further given I have had many questions about it, and given it has been quite long since my last post! Let’s look at another few narrations (apologise for the poor quality of translation!):

1. Muwathaq narration of Muhammad ibn Ahmad ibn Yahya al-Ashari, who said: “some of our contemporaries wrote to Abu al-Hasan (AS) about the narrations from your forefathers about a foot or two, or four, and a fathom or two, and shade like that and a cubit or two. And the Imam (AS) wrote: “It is not one foot nor two. Once it is midday, then the time for both prayers has started. If you are praying [the Nawafil of Dhuhr*] and it is 8 rakaats, then if you want, you can take longer, and if you want, you can take a shorter time, then pray Dhuhr. If you do not pray [the Nawafil of Dhuhr], then there is a prayer between Dhuhr and Asr and that is 8 rakaats [the Nawafil of Asr]. If you want, you can take longer, and if you want, you can take a shorter time, then pray Asr.” (1)

2. Also two narrations from Ismail ibn Abd al-Khaliq and Sa’eed al-A’raj, which talk about the time being midday on Jum’a and whilst travelling, which implies that what hinders the immediate prayer at midday is the Nafila prayers which are not required in these two situations. Therefore, the time is midday

3. Muwathaq narration of Zurara from Abu Abdullah (AS): “He said: ‘Rasul Allah (SAW) prayed Dhuhr and Asr with people when the sun reached midday in Jama’a without any reason …. And the Messenger of Allah (SAW) did this to widen the time for his nation.’”. This shows that it is correct to pray Dhuhr and Asr at midday, and any time after this, is to widen the time to pray Nafila prayers as has been previously explained. (2)

Reading all of these narrations together, we can see the following:

• The time starts at midday for both prayers Dhuhr and Asr
• The preference for Dhuhr and Asr is to pray the Nawafil, and because of this, there are specified later times (e.g. a foot, a cubit [two feet]…)

In the next blog we will look at why there still seem to be differences in the length of the time for this praying of Nafila in further detail i.e. why in some narrations it talks about two feet, and in others 4 feet….etc.

*Note the Nafila (pl. Nawafil) prayers of Dhuhr are 8 rakats, prayed before Dhuhr.
(1) Wasa’il, 4:133, Chapters on time, chapter 5, hadith 13
NOTE: Apologies in the previous blog, the hadith was wrongly attributed. Rather than being from al-Ashari, it is from Dharik al-Mahaarabi
(2) Wasa’il, 4:133, Chapters on time, chapter 7, hadith 6