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Rules concerning tooth brush (Miswak) during fasting

Question 391: Salamualekum members. Please what is the view of ahlulbat on chewing stick (miswak) whiles fasting?

Answer 391: One of the things which is considered as makru for a person observing Fast is to clean his teeth with a wet toothbrush.

If a person, who is fasting, takes the tooth brush (Miswak) out of his mouth and then puts it back into his mouth, swallowing its liquid, his fast will be void, unless the moisture in the tooth brush mixes up with the saliva in such a way that it may no longer be called an external wetness.[1]

When one rinses his mouth with water because it has dried due to thirst or to get rid of a bad smell of mouth and the water uncontrollably goes down one’s throat and one has already known it that if he\she does so the water will go down his\her throat, qadha has to be given.[2]

A fast is not invalidated by swallowing the saliva which has gathered in the mouth, even if it has gathered due to recalling something. Likewise, according to the stronger opinion, (a fast is not invalidated) by swallowing the phlegm which has not yet reached the cavity of mouth, without there being any difference whether it has come down from the head or has emerged from the chest (or lungs). As regards the phlegm which has reached the cavity of mouth, caution must not be given up by abstaining from swallowing it. If the phlegm has come out of the mouth, and then a person swallows it, his fast shall thereby be rendered void. The same rule applies to saliva. Rather, (the same rule shall apply) if there is a pebble in the mouth of a person, and he takes it out, and there is some saliva on it, then the person puts it again into his mouth and swallows it. (The same rule shall apply), if a tailor wets a thread by his saliva, then puts it back into his mouth, and swallows it along with the moisture on it. (The same rule shall apply), if a person uses the tooth brush, and it comes out wet with saliva, and then he puts its back into his mouth and swallows the moisture etc., on it, and his fast shall be rendered void.

Of course, if the moisture on the tooth brush is mixed up with his saliva in a way that it may not be said that he has swallowed his saliva with something other in it, there shall be no harm. The same rule applies to tasting broth, chewing the food or the amount of water left after rinsing. Likewise, there is no harm in chewing the bark of a tree, according to the more valid opinion, even if its taste has remained in his saliva as long as it is not due to the scattering of its particles, even if they are absorbed in the mouth.[3]

For further information in this regards, please refer to the following answers:

Index: Things from which a person keeping fast must abstain & Kaffarah (Expiation), answer 372.

Index: Studying in the month of Ramadhan is not a valid excuse to escape fasting, answer 572.

Index: Using Asthma Inhaler does not break the Fast, answer 575.

Index: Number of things which are disapproved (Makruh) for a person observing fast, answer 566.

Index: Fasting and prayers of a traveler who travel after Zuhr, answer 384.

Index: Qada Fast for a person reverted to Islam, answer 196.

Index: Rules of prayers and fasting performed without ghusl, answer 034.

Index: Fast in countries with long days, answer 106.

Index: Niyyat for Fasting: How to make intention to Fast Ramadan, answer 627.

[1] . The official website of the office of Sayyid Sistani (ha), rules regarding Fasting, Eating and Drinking.

[2] . Tawzih al-Masael (with annotation of Imam Khomeini (ra)), Vol. 1, Pg. 892, Q  1573; Ibid, Pgs. 895-942, Q 1582&1690; the Official website of Sayyid Sistani (ha), Rules concerning Fasting, occasions on which it is obligatory to observe the Qadha only;  Tahrir al-Wasilah of Imam Khomeini, Vol. 1, Pg. 272.

[3] . Tahrir al-Wasilah of Imam Khomeini, Vol. 1, Chapter on Things Which Must Be Refrained in a Fast.

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Masturbation and forget performing Ghusl in Ramadan

Question 141: If you masturbate during the night and forget to do ghusl, can you still perform ghusl when you wake up and fast that day?

Answer 141: The grand maraja’ answer in this regards is as follows: If one who becomes jonob during a night of the holy month of Ramadan and is sure or probably knows that if he goes to sleep he will wake up before morning Adhan (call to prayer) and do ghusl. So, if he falls asleep with the decision till Adhan, his fast would be considered as valid.

If one goes to sleep and wakes up later and knows or guesses that if he wants to go to sleep again he’ll wake up before morning adhan with the decision to do jinabat ghusl but he won’t wake up till adhan, then one must make his fast up.

There is no need to give Kaffarah even if he wakes up of the second sleep and goes to sleep for the third time and won’t wake up till adhan.[1]

Note: Masturbation is defined as self-stimulation of the sexual organ till one achieves emission of semen or orgasm. This applies to both men and women. This Self-satisfaction which is referred to as Istimna’ (masturbation) is a major sin and haram. It has a heavy punishment. If one has committed such forbidden act repentance and seeking God’s forgiveness would be sufficient for forgiveness.[2]

It should be noted that masturbation is one of the forbidden act which a person keeping fast must abstain. Ejaculation of the Semen, whether by masturbation, touching, kissing, rubbing (the male organ) on the thighs (of another person), or such other acts which are intended to cause discharge of semen. Rather even in case when the discharge of semen is not intended, but it was the usual consequence of the said act, in that case too it shall render the fast void. Of course, if ejaculation takes place without doing something which causes ejaculation in a person as a matter of his habit even without any intention on his part, it shall not render the fast void.[3]

For further information in this regards, please read the following answers:

Index: Rules concerning Janabat during night or day time in the month of Ramadan, answer 394.

Index: Things from which a person keeping fast must abstain & Kaffarah (Expiation), answer 372.

Index: Number of things which are disapproved (Makruh) for a person observing fast, answer 566.

Index: Rules of prayers and fasting performed without ghusl, answer 034.

Index:  Impermissibility of making Wudu after Ghusl, answer 035.

[1] . Tawzih al-masa’il (al-mohasha), vol 1, p 912, question 1627 . Ibid, p 914, question 1630.

[2] . The official website of the office of Sayyid Sistani (ha), rules regarding masturbation.

[3] . Tahrir al-Wasilah of Imam Khomeini (ra), Vol. 1, Chapter on Things Which Must Be Refrained in a Fast.

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Niyyat for Fasting: How to make intention to Fast Ramadan

Question 627: Is it necessary for a person to pass the niyyat for fasting through his mind or to say that he would be fasting on the following day?

Answer 627: Intention (Niyyat) is a condition in fasting, so that a person intends to perform that ‘Ibãdat (devotional service) prescribed by Shari ah, and determines to keep himself away from all those things which invalidate it with the intention of obtaining closeness (to Allah).

If a person intends to abstain from all those things which vitiate a fast, but does not know that some of things have such effect, as, for example, enema, or considers that they have no such effect, but does not practice them, his fast shall be valid.

Similarly, if he intends to abstain from things which he knows are included among those which invalidate the fast, according to the stronger opinion, his fast shall be valid.

In a fast, after the intention of closeness to Allah and sincerity of purpose, there is no further condition in the intention except specifying the fast which one intends to keep in obedience to the command of Allah.

While keeping fast in the month of Ramadãn, it is sufficient to have the intention of keeping fast the next day without specifying it Rather, even if he has an intention of keeping fast other than of Ramadãn in that month due to negligence or forgetfulness, the fast shall be valid, and shall be counted among the fasts of Ramadan, contrary to the one who knows it, so that if he has such intention with knowledge, his fast shall be counted neither as a fast of Ramadãn nor otherwise.

According to the stronger opinion, it is indispensable in case of a fast for other than the month of Ramadàn to specify the particular category of the fast, such as for expiation, compensation or general vow (Nadhr) or a special vow.

It is sufficient to specify briefly, as when it is obligatory on him to keep a special category of fast, and he has the intention to keep fast which he owes, it would be sufficient.

Apparently there is no condition of any specification in a generally recommended fast, so that if a person has the intention of keeping fast the next day for the sake of Allah, it shall be valid, if it is the proper time for it, and the person be one for whom it is valid to keep fast voluntarily.

The same shall be the case if it were a specially recommended fast too, so that it is specified for a particular time, as the blank days (when there is no moon), Friday or Thursday.

Of course, in order to obtain a special reward, it is a condition that the person should keep fast at that particular day and with that special intention.[1]

Sayyid Sistani (ha) says: It is not necessary for a person to pass the niyyat for fasting through his mind or to say that he would be fasting on the following day. In fact, it is sufficient for him to decide that in obedience to the command of Allah he will not perform from the time of Adhan for Fajr prayers up to Maghrib, any act which may invalidate the fast. And in order to ensure that he has been fasting throughout this time he should begin abstaining earlier than the Adhan for Fajr prayers, and continue to refrain for some time after sunset from acts which invalidate a fast.

A person can make niyyat every night of the holy month of Ramadhan that he would be fasting on the following day, and it is better to make niyyat on the first night of Ramadhan that he would fast throughout that month.[2]

For further information in this regards, please refer to the following answers:

Index: Things from which a person keeping fast must abstain & Kaffarah (Expiation), answer 372.

Index: Studying in the month of Ramadhan is not a valid excuse to escape fasting, answer 572.

Index: Using Asthma Inhaler does not break the Fast, answer 575.

Index: Number of things which are disapproved (Makruh) for a person observing fast, answer 566.

Index: Fasting and prayers of a traveler who travel after Zuhr, answer 384.

Index: Qada Fast for a person reverted to Islam, answer 196.

Index: Rules of prayers and fasting performed without ghusl, answer 034.

Index: Fast in countries with long days, answer 106.

[1] . Tahrir al-Wasilah of Imam Khomeini (ra), Chapter on Intention (Niyyat); Tawzih al-Masael of Maraja’ (with annotation of Imam Khomeini), Vol. 1, Pgs. 881-905.

[2] . The Official website of the office of Sayyid Sistani (ha), Fasting, Niyyat for Fasting.

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Fast in countries with long days

Question 106: As salaamu alaikum. How should Shi’ites who live so high up north on the planet fast in Ramadan? I mean the sun only sets for an hour and the sky stays bright the whole time, how/when to pray Isha and Fajr also?

Answer 106: The dignified religious authorities have different verdicts in this regard. There is no unanimity as to the fast in countries with long days. The issue is unconventional and based deduction.

Different jurists relying on the authoritative sources have given different answers. Some of them say that it is necessary for a person living in such places to act according to the timetable of a region that has ‘normal’ day and night hours. They are of the opinion that when it comes to abnormal subjects we must do what is normal in other places. There is no particular place which sets the standard for breaking fast.[1]

Some other jurisprudence say, “If a Muslim lives in a city where the days are abnormally long, it is still obligatory on him to fast and offer his prayers according to the horizon of his own place of residence, if he has the ability to do so. If he is not able to fast because the days are long or because fasting is unbearably difficult for him, in which case the obligation is forfeited and he should perform the qadhā later on. According to them, if you cannot fast at all due to such problems, the fast is not obligatory upon you, however, you have to make your missed fasts up later (E.g. in the winter).[2]

Sayyid Sistani (ha), says: 1. As for the first case, it is obligatory for a duty-bound [mukallaf] to move during the month of Ramadhan to a place with ‘normal’ day and night so that he can start fasting, if not, he should move after that month to fast as qadha (making up the missed fast).

  1. When it comes to the second scenario, in case the darkness recedes (decreases) little by little after sunset and then it starts increasing once again – be it after two or three hours –, when it starts increasing, it is then the starting time for fasting. And if the darkness or brightness presumably remains the same from the time of sunset until sunrise, the precaution is to take the middle point as the starting time for fasting and abstention from eating and drinking. The duty-bound can get rid of this precaution by moving to another city or place where regular dawn precedes sunrise. He should observe fast there or else he must go on a journey and observe the qadha of missed fast later.
  2. As for the third case, it is still obligatory on the duty-bound [mukallaf] to fast from dawn to dusk, if he has the ability to do so and if it does not put him to difficulty which is normally unbearable. He can also go on a journey so that he may not have to observe fast during the month but he will have to observe the qadha later. If fasting is not possible for him, he should either travel or should make niyyah of fasting at dawn and should abstain from eating and drinking until it becomes extremely difficult to fast in which case it is permissible to eat or drink at the time of extreme hunger and thirst, respectively, and the precaution is that he should suffice to the necessary amount (of food or water). He should continue fasting for the rest of the day, and he should also observe the qadha of that day after the month of Ramadhan and he will not be liable to any kaffara. God knows best.[3]

The late Ayatollah Fazel Lankarani (ra) said: They must fast. If they cannot fast or there is a fear of harm for health, they can break their fast and give the Qaza later.[4]

Note: please, remember that if fasting is not unbearably difficult for you, but you can’t fast all day long you are able to fast according to the timetable of a region that has ‘normal’ day and night hours.

For further information in this regards, please refer to the following answers:

Index: Things from which a person keeping fast must abstain & Kaffarah (Expiation), answer 372.

Index: Studying in the month of Ramadhan is not a valid excuse to escape fasting, answer 572.

Index: Using Asthma Inhaler does not break the Fast, answer 575.

Index: Number of things which are disapproved (Makruh) for a person observing fast, answer 566.

Index: Fasting and prayers of a traveler who travel after Zuhr, answer 384.

Index: Qada Fast for a person reverted to Islam, answer 196.

Index: Rules of prayers and fasting performed without ghusl, answer 034.

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Other Translation:

نمایه: روزه گرفتن و نماز خواندن در مناطقی که طول روز و شب زیاد است، سوال شماره 17

[1] . According to Ayatollah Makarem Shirazi (ha).

[2] . According to Ayatollah Khamenei (ha).

[3] . The official website of the office of Sayyid Sistani, rules concerning Fasting and Long days.

[4] . The official website of the office of Ayatollah Fazel Lankarani (ra), rules of Fasting.

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Offering congregational prayers behind a Sunni Imam

Question 237: Salam, wanna ask if I am praying behind a Sunni imam then do i need to recite all in my own words or its same like as behind a Shia imam, any other difference?

Answer 237: Congregational Prayers is one of the most important recommended acts, and it is one of the greatest Islamic rites. Great emphasis has been laid on it in the narrations. It is recommended that obligatory prayers, especially the daily prayers, are performed in congregation, and more emphasis has been laid on congregational prayers for Fajr, Maghrib and Isha, and also for those who live in the neighborhood of a mosque, and are able to hear its Adhan.[1]

There is no problem in attending Sunni congregational prayers; it is permissible and there are some reports according to which one who stands in the first row of their congregational prayers is like one who has offered his prayers standing behind the Holy Prophet (S) in the first row.[2]

In any case, if possible, one should offer his prayers according to Shia way and if there is no need for Taqiyah (dissimulation) and one offers his prayers in Sunni way, he must repeat his prayers. Of course, there are some scholars who are of the view that if the conditions for practicing Taqiyah are not met, one must repeat his prayers under all circumstances.

Index: Some grand religious authorities have also replied to the same question. Their answers are as follows:[3]

Grand Ayatollah Khamenei (may Allah grant him long life): In the said case, if using turbah is not in opposition with practicing Taqiyah, it is necessary to do Sajda on something which is allowed for prostration.

Grand Ayatollah Makarem Shirazi (may Allah grant him long life): If you are associating with them, there is no problem in offering prayers with them to protect yourself provided that they do not express enmity against Shia. However, doing Sajda on carpet is not allowed except where one practices Taqiyah in Sunni mosques.

Grand Ayatollah Noori Hamedani (may Allah grant him long life): If possible, one should do Sajda on things which are allowable for Sajdah but there is no problem in offering prayers behind a Sunni prayer leader and one is not, in the said case, required to repeat his prayers.

Grand Ayatollah Safi Golpaygani (may Allah grant him long life): If you are not in the state of Taqiyah, it is not sufficient and it would be necessary to repeat the prayers.

According to Khoei (ra) and Tabrizi (ra): “It is permissible to go to Sunni mosques and offer congregational prayers with Sunnis provided that one himself should engage in reciting Hamd and Surah.”[4]

Tabrizi (ra): “If a person stands at a place in a Sunni mosque where part of the floor is covered with stone (slates), it is mandatory to do Sajda on the same stone.”[5]

Sayyid Sistani (ha) says: It is permissible but you must recite Hamd and Surah yourself even though the recitation may be in low voice.[6]

For further information in this regards, please refer to the following answer:

Index: The differences and similarities between Shia and Sunni, answer 187.

Index: Shia Believe Ahlus Sunnah are Muslim not Kafir!, answer 203.

Index:  Saying Āmīn during prayer in validate the prayer, answer 017.

Index: Number of things which invalidate the prayer, answer 547.

Index: Miss a Sunni Imam in Ruku in congregational Prayer, answer 270.

Index: Qualification of an Imam of congregational prayers, answer 021.

[1] . Imam Khomeini, Tauzihul Masail (with annotation), vol.1, pg.767-768, Issue No.1399.

[2] . Kulayni, Muhammad bin Ya’qub, Al-Kafi, vol.3, p. 380, Dar al-Kutub al-Islamiyah, Tehran, fourth, 1407 A.H. The Arabic version of the tradition is as this: (عَنْ أَبِي عَبْدِ اللَّهِ ع قَالَ: مَنْ صَلَّى مَعَهُمْ فِي الصَّفِ الْأَوَّلِ كَانَ كَمَنْ صَلَّى خَلْفَ رَسُولِ اللَّهِ صلی الله علیه وآله و سلم)

[3] . This question has been sent to the offices of grand Ayatollah Khamenei, grand Ayatollah Makarem Shirazi, Grand Ayatollah Saafi Gulpaigani and Grand Ayatollah Noori Hamedani, may Allah grant them long life.

[4] . Khoei, Sayed Abul Qasim, Serat al-Najat (with connotation by Tabrizi), vol.3, pg.74, Al-Muntakhab Publication Office, qom, 1st edition, 1416 A.H.

[5] . Ibid.

[6] . The official website of the office of Sayyid Sistani (ha), Question & Answer » Prayer behind a Sunni Prayer Leader.

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Direction of Qibla: Offering prayers on a plane

Question 327: Question : If someone is traveling on a plane & time of prayer falls within his/her travel time, what will be the direction of Qibla he/she should turn his/her face for salat? According to me, usually Qibla will be downwards (but not east, west, north or south) when you are on a flight….so do you know what is the ruling of major marja-e-keram about this? How offering prayers on a plane should be toward Qibla?

Answer 327: Under no circumstances or conditions is it permissible to discard Salah, as it is wajib. Salah must be offered in any possible situation. If possible, a person who is in flight, space, or any other means of travel should try to settle in a fixed location using the available means in order to complete salah. If a person cannot do that, then they should offer their salah in any way possible, even if they can only use motions.

If the one stands facing towards earth, then they are facing the Qibla and they should pray in that direction, but if they could not distinguish the earth’s position, then they must pray in all four directions (if possible). If all directions are not possible, then they must pray in as many directions as possible.[1]

As far as wudhu goes, if they can or if it is possible then they should make wudhu. If it is not possible to make wudhu then they should make tayamum. If making tayamum is also not possible, then they should take precaution and make salah without wudhu or tayamum, but later they should make up the Qaza prayers for the salah which was performed without wudhu or tayamum.[2]

In addition, regarding complete salah vs. traveler’s salah: if an astronaut were to know that they were going to stay in one area of space for at least ten days then they should make his salah complete. In any other instance, they should shorten their salah. If being an astronaut is a persons occupation, then as long as after the first trip, they don’t stay in his hometown or outside of his hometown for more than ten days, then on their second trip their his salah will be complete. If however, they were to stay in his hometown or other than his hometown for ten days or more, then if they traveled to space again, they would have to shorten their salah.[3]

In reply to this question that how can we say our obligatory prayers in an aircraft, especially if we do not know the direction of the qiblah taking into consideration the instability of the floor [because the plane is in motion]? Sayyid Sistani (ha) answers: As for the qiblah, it is possible to identify its direction by asking the captain or the airhostesses because their answers usually carry validity and are a source of assurance. One should therefore act accordingly.

As for the stability of the floor where salat is to be performed, that condition will be waived when it is not possible to achieve it. However, other conditions of prayers should, wherever possible, be observed. Under no circumstance should the prayer be delayed beyond its appropriate time span.[4]

[1] . Imam Khomeini (May Allah have mercy on his soul), Istiftaat, Questions: 28&29; Tawzihul Masael of maraja’, Vol. 1, Pg. 434, Question 784.

[2] . Tawzihul Masael of maraja (with annotation of Imam Khomeini), Vol. 1, Pg. 381, Question 686; Ibid, Question 339.

[3] . Ibid, Vol. 1, Pg. 705, Question 1312.

[4] . The official website of the office of Sayyid Sistani (ha), Q&A: Qibla.

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Rules concerning playing Musical instruments

Question 110: Assalamu Alaikum! What is the Shi’a stand on musical instruments, I started out as Sunni and was told I could not play them, thanks in advance for you time! Allahu Akabar!

Answer 110: In any given scenario, the obligation of a jurist lies not in dictating the ruling pertaining to a particular scenario, but rather providing a general ruling. After which, the general public is left with the responsibility of practically applying that ruling. Having said this, if a musical instrument isn’t exploited in a haraam manner, its use would not be considered haraam. The legitimacy in using these musical instruments lies in their method of application. In other words, when determining if using a musical instrument is halaal, one should consider the kind of music being played and the environment it is suited to. If the music played is becoming of immoral and corrupt gatherings, it would be deemed haraam. If this isn’t the case, such music would be considered halaal. Furthermore, it is possible for a particular instrument to have been considered at one time an instrument of haraam due to its common use in haraam gatherings. However, in another time, the same instrument may lose that characteristic of being a tool of haraam, and its use – along with the music created by it – would be considered halaal.

Sayyid Sistani (ha) says: music is an art that has spread far and wide during these days. Some varieties of this art are permissible while others are forbidden; therefore, it is permissible to listen to the first while it is forbidden to listen to the latter.

Music that is permissible is the music that does not entail entertainment in gatherings held for that purpose. Forbidden music is the music that is suitable for entertainment and amusement gatherings.

The expression “the music or the song that is suitable for entertainment and amusement gatherings” does not mean that the music or the song’s tune amuses the heart or changes the mental state because there is nothing wrong in it. The expression actually means that the person listening to the music or the song’s tune —especially if he is an expert in these matters— can distinguish that this tune is used in the entertainment and amusement gatherings or that it is similar to the tunes used therein. (See the question-answer section below.)

It is permissible to visit places where halãl music is being played, and it is permissible to listen to it as long as it is halãl.

It is permissible to visit public places where music is being played, even if it is suitable for entertainment and amusement gatherings, provided that one does not intentionally listen to it: for example, passengers on course, waiting areas for visitors, public parks, restaurants and cafes, etc —even if the music played there is suitable for entertainment and amusement gatherings— because there is no problem in hearing forbidden tunes without intending to listen to it.

It is permissible for adults as well as children to learn the art of halãl music in music schools or other places as long as their visits to such places do not have any negative effect on their proper upbringing.

Singing (al-ghinã’) is harãm: doing it, listening to it, or living of it. By “singing — al-ghinã’,” I mean an amusing statement expressed in the tunes that are suitable for those who provide entertainment and amusement.

It is not permissible to recite the Holy Qur’ãn, supplications (du‘ãs), and words of praise in tunes that are commensurate to entertainment and amusement gatherings.

Based on obligatory precaution, one must refrain from reciting other non-amusing statements, in poetry or prose, in that tune. (See the question-answer section below.)

The prohibition of intentionally listening and giving ear to harãm songs and music has beenmentioned in the holy tradition. The Messenger of Allãh (s.a.w.) said, “And the person with the [sin of] singing (al-ghinã’) will be raised [on the day of resurrection] blind, deaf and dumb. The person with [the sin of] adultery, of wood-wind, and of drum will also be raised in the same way.”[1]

He also said, “Whoever listens to the entertainment (song and music), lead will be melted inside his ear on the Day of Judgment.”[2] He also said, “Singing and music are enchantment for adultery.”[3] That is, it is a stepping stone or a way that leads to adultery. It is permissible for a woman to dance in front of her husband to please and arouse him. But it is not permissible for her to dance in front of other men; based on obligatory precaution, she must not dance in front of other women also. (See the question-answer section below.)

It is permissible to applaud in a marriage ceremony, religious gatherings, seminars, and other functions. This is equally permissible for women and men[4]. [5]

For further information in this regards, please read the following answer:

Index: Rules concerning music use in graduation party, answer 087.

[1] . As-Sayyid al-Khu’I, al-Masa’ilu ‘sh-Shar’iyya, vol. 2, p. 22.

[2] . Ibid.

[3] . Ibid, p. 23.

[4] . The official website of the office of Sayyid Sistani (ha), rules concerning Music, singing & dancing » General Rules.

[5] . Adopted from answer 087 (Index: Rules concerning music use in graduation party).

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Rules concerning music use in graduation party

Question 087: A/S. I want to have a graduation party for my 8th grade daughter iA. Only her school friends, which happen to be non-Muslim.

We don’t listen to music, obviously. But, I’m not sure how the kids will react to a no sound party. I heard that if you listen to music made from a computer, (like auto tune), AND u can’t tell the difference to what instrument is being used, it’s halal. Any suggestions or answers? Thanks in advance.

Answer 087:  If music does not befit frivolous gatherings, then it is not haram. Otherwise, listening to songs and mutrib music which befits frivolous gatherings is haram, according to Ayatollah Sistani.

Btw, distinguishing whether or not a specific music such as rap music is a type of instance or applicability of haram or halal, is the responsibility of each person. Because, any individuals that have an even a concise understanding of music can differentiate between music that is mutrib and befits frivolous gatherings and music that is not like that. Therefore, even if revolutionary or war songs are mutrib and befit frivolous gathering then listening to that type of music will also be haram.[1]

Sayyid Sistani (ha) says: music is an art that has spread far and wide during these days. Some varieties of this art are permissible while others are forbidden; therefore, it is permissible to listen to the first while it is forbidden to listen to the latter.

Music that is permissible is the music that does not entail entertainment in gatherings held for that purpose. Forbidden music is the music that is suitable for entertainment and amusement gatherings.

The expression “the music or the song that is suitable for entertainment and amusement gatherings” does not mean that the music or the song’s tune amuses the heart or changes the mental state because there is nothing wrong in it. The expression actually means that the person listening to the music or the song’s tune —especially if he is an expert in these matters— can distinguish that this tune is used in the entertainment and amusement gatherings or that it is similar to the tunes used therein. (See the question-answer section below.)

It is permissible to visit places where halãl music is being played, and it is permissible to listen to it as long as it is halãl.

It is permissible to visit public places where music is being played, even if it is suitable for entertainment and amusement gatherings, provided that one does not intentionally listen to it: for example, passengers on course, waiting areas for visitors, public parks, restaurants and cafes, etc —even if the music played there is suitable for entertainment and amusement gatherings— because there is no problem in hearing forbidden tunes without intending to listen to it.

It is permissible for adults as well as children to learn the art of halãl music in music schools or other places as long as their visits to such places do not have any negative effect on their proper upbringing.

Singing (al-ghinã’) is harãm: doing it, listening to it, or living of it. By “singing — al-ghinã’,” I mean an amusing statement expressed in the tunes that are suitable for those who provide entertainment and amusement.

It is not permissible to recite the Holy Qur’ãn, supplications (du‘ãs), and words of praise in tunes that are commensurate to entertainment and amusement gatherings.

Based on obligatory precaution, one must refrain from reciting other non-amusing statements, in poetry or prose, in that tune. (See the question-answer section below.)

The prohibition of intentionally listening and giving ear to harãm songs and music has beenmentioned in the holy tradition. The Messenger of Allãh (s.a.w.) said, “And the person with the [sin of] singing (al-ghinã’) will be raised [on the day of resurrection] blind, deaf and dumb. The person with [the sin of] adultery, of wood-wind, and of drum will also be raised in the same way.”[2]

He also said, “Whoever listens to the entertainment (song and music), lead will be melted inside his ear on the Day of Judgment.”[3] He also said, “Singing and music are enchantment for adultery.”[4] That is, it is a stepping stone or a way that leads to adultery. It is permissible for a woman to dance in front of her husband to please and arouse him. But it is not permissible for her to dance in front of other men; based on obligatory precaution, she must not dance in front of other women also. (See the question-answer section below.)

It is permissible to applaud in a marriage ceremony, religious gatherings, seminars, and other functions. This is equally permissible for women and men.[5]

[1] . Seyyed Mojtaba Hoseini, Porsesha va Pasokha, pg. 169; Imam Khomeini, Al-Makasebul-Muharramah, vol. 1, pp. 198-224; Ali Hoseini, Al-Musiqi, pp.16-17; Tabrizi, Istifta’at, questions 10, 46, 47 and 1048; Fazel, Jame’ul-Masa’il, vol. 1, issues 974, 978 and 979.

[2] . As-Sayyid al-Khu’I, al-Masa’ilu ‘sh-Shar’iyya, vol. 2, p. 22.

[3] . Ibid.

[4] . Ibid, p. 23.

[5] . The official website of the office of Sayyid Sistani (ha), rules concerning Music, singing & dancing » General Rules.

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Miss Sunni Imam in Ruku in congregational Prayer

Question 270: assalam alaykum. when a shia is in a sunni jamaat prayer And lifts his hands for Qonoot in the second rakaat as they go for rokoo is it still considered as a jamaat prayer?

Answer 270: If you know that if you complete qunut, you will not be able to join the Imam in his Ruku, yet you purposely recite qunut, and miss the Imam in Ruku, your congregational prayer will be void, and should act accordingly to the rules of Furada prayers.

Otherwise, if you are sure that if you recite qunut you will not miss the Imam in Ruku, but when you recite qunut and miss the Imam in Ruku, your congregational prayer is in order.

As you know it is Mustahab that qunut be recited in all obligatory and Mustahab prayers before the Ruku of the second Rak’at. So, if you don’t recite it there would be no problem in it and your prayers would be in order.[1]

For further information in this regards, please refer to the following answer:

Index: Number of things which invalidate the prayer, answer 547.

Index: Qualification of an Imam of congregational prayers, answer 021.

Index: The differences and similarities between Shia and Sunni, answer 187.

Index: Offering prayer behind a Sunni Imam, answer 237.

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[1] . The official website of the office of Sayyid Sistani (ha), obligatory acts relating to Namaz, issues 1452&1453;  Tawzih al-Masael of maraja’, Vol. 1, issues 1117-1121.

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A Shia woman cannot marry a Sunni man?

Question 612: Salam, I am a sunni Muslim and married too, I am in love with one girl she is Ahle Tashi, can you tell me what is the process of doing Muta? Please keep in mind she doesn’t have father or any other Wali over here, she is alone living with her mother and sister. Please guide me.

Answer 612: Islam has introduced temporary and permanent marriage as the legitimate ways of fulfilling one’s needs and desires. Temporary marriage refers to the marriage of a man and woman who have no barriers for doing so.  It takes place with the consent of both sides of the contract and a specified dowry and timeframe. According to Islam, the validity of temporary marriage is contingent upon certain criteria being met, namely getting the father’s (and in the case of not having a father, the paternal grandfather’s) consent if the girl is a virgin.  If the girl isn’t a virgin and has lost her virginity through legitimate marriage, her father’s consent is no longer a condition, but if it has been lost as a result of shubhah intercourse (mistaken/confused/accidental intercourse) or illegitimate intercourse (adultery), it is a preferred precaution to get the father’s consent[1] (although it still isn’t mandatory).  Also, if a girl wants to get married (temporarily or permanently) and neither has a father nor a paternal grandfather, there will no longer be any need for permission from anyone else (regardless of whether she is a virgin or not).[2]

Nevertheless, the marriage of a virgin girl who hasn’t reached rushd (the stage in which one can distinguish between good and bad and can tell what is to his/her benefit) without the permission of her father is void.”[3]

Ayatollah Sistani (ha) says: If a woman is over thirty years of age, and still virgin, and she is not independent, it is obligatory on her to seek the permission of her guardian for marriage. Rather, even if she is independent, she must seek his consent, as a matter of compulsory precaution.[4]

As for the marriage of Shia men with Sunni women, there are different viewpoints on the issue in fiqh; the famous verdict being that it is permissible,[5] especially when there are chances of the guidance of the woman to Shiism and the Ahlul-Bayt’s school of thought.

The viewpoints of Shia scholars regarding the marriage of Shias with Sunnis are as follows:

Ayatollah Fazel Lankarani (ra): The marriage of a Muslim woman with a Non-Muslim man is batil (void), the marriage of a Shia woman with a Sunni man is makruh, the marriage of a Muslim man with a Non-Muslim woman is also void unless the marriage is a temporary one (mutah), and the marriage of a Shia man with a Sunni woman is okay.

Ayatollah Bahjat (ra): Temporary marriage with the People of the Book (Ahlul-Kitab) is correct and as an obligatory precaution it isn’t permissible to perform the marriage contract of a Shia girl or woman and Sunni man.

Ayatollah Sistani (ha): Getting married to the People of the Book isn’t permissible as an obligatory precaution.  On the other hand, it is okay to get married with Sunnis if there isn’t any fear of going astray and losing Shia beliefs as a result.

Ayatollah Makarem Shirazi (ha): It isn’t permissible for a Muslim to get married to a Non-Muslim, while it is okay for Shia men to get married to Sunni women, but taken into consideration that there are chances of going astray for Shia women getting married to Sunni men, such a marriage isn’t permissible.

Note: Marriage between Shias and some “Muslim” sects such as: The Ghulat, The Nasebis and The Khawarij, who falsely claim themselves Muslim, but in reality are Kafirs, isn’t permissible.

For further information in this regards, please refer to the following answer:

Index: Permanent or Temporary marriage of a married man without the permission of his wife, answer 565.

Index: Rules regarding temporary or permanent marriage with people of the book, answer 080.

Index: Premarital relation with non-Mahram is impermissible, answer 082.

Index: Looking at non-Mahram Body for Marriage, answer 611.

Index: A Shia Muslim woman cannot marry a non-Muslim man, answer 342.

Index: Essential Requirements of a Successful Marriage in Islam, answer 515.

Index: A Muslim Woman Cannot Marry a Non-Muslim Man, answer 576.

[1] Tawdihul-Masa’ele Maraje’, vol. 2, pg. 459, issue 2377.

[2] Tawdihul-Masa’ele Maraje’, vol. 2, pg. 387, issue 2376.

[3] Question 1483 (website: 1530).

[4] . The official website of Sayyid Sistani (ha), Q&A: Permanent Marriage.

[5] Naser Makarem Shirazi (kharej fiqh lessons on nikah [marriage], academic year 1381-1382 on his official website); Seyyid Sadiq Rohani, Fiqhul-Sadeq, vol. 21, pg. 469, from the software of this book from the institute of Al-Imam Al-Rohani.

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Rules of Transgender according to Shia

Question 381: A/S. One of my boss is transgender and she has locker in ladies locker room. I ve never seen her changing there but she does her makeup there. I usually change as fast as I can since I am very particular about changing in female locker room. My nightmare is what if I am changing and she walks in? What is the fiqh ruling in this situation? If I have no other choice, & im trying to change as quick as possible into uniform, is she still considered a male? What is the rules of Transgender according to Shia?

Answer 381: There are four types of people can be imagined for Transsexual people that each has special rules that has been explained in Islamic Laws. If you are not sure which type your boss is you are supposed to observe hijab in front of it. Otherwise, if you know that your boss is really a woman you would be allowed to change your clothes even in front of her. For further information, please refer to the detailed answer.

Most of Islamic laws are for men and women. In other word, some of rules are specialized for men and others for women. There is no doubt that most of people are men or women. The following are four types of sexuality can be imagined for the human being.

  1. Transsexual: These types of people experience a gender identity in a way that they see themselves in a transition between being women or men. In other word, some men psychologically or mentally identify themselves as a woman and some women mentally as men. Although, they don’t have any deficiency or defect about their physiological body, but they are mentally and psychologically ill. They sometimes, don’t know which they are, women or men.

In response to a question that what is the criteria for such types of people about their sexuality? Are they considered as men or women? We can say that the basis on determining sexuality is its physical appearance. So, if they have male sexual organs, they would be men, however they mentally belong themselves to opposite gender. If they have female sexual organs they would be women, however they are mentally or intellectually men.

Rules concerning them: They have to observe hijab and other rules related to women if they have female sexual organs, however they are mentally men.

Note: We must observe the rules relating to woman or man if we encounter with them. E.g. we would be able to get married to such people after getting the confirmation of a physician who approved which are they women or man. If they are considered as women according to the doctor confirmation we can get married to them.

  1. Hidden gender: Some people have hidden gender. This means that they have male sexual organs inside of his stomach, but apparently considered as women. And even they have long hair, breast, having no hair on face and generally looks like a woman.

According to scholars, the sexual criteria for such people is its real organs not apparent.

Therefore, if a person’s gender is hidden and one itself is aware of such circumstances, one has to observe Islamic laws according to its real gender (which is hidden). E.g. if they have male sexual organs inside of their body they are considered as men and then must act like men. Otherwise, they are women and have to act like woman. For instance, they have to observe hijab in front of non-mahram.[1]

  1. After changing gender (Sex Reassignment Surgery): If one seek medical assistance and aligned its body in order to identify its sex or gender, has done such surgery and become a man or woman the sexual gender criteria would be determined after the surgery. For example, if it becomes man he must act like a man and observe rules relating to men.
  2. Hermaphrodite (Khuntha): They are of two types: 1. Have both male and female sexual organs. 2. Have none of the both organs. The second type is known as Mamsooh.

According to physicians, the medical assistance can help them align their body with their identified sex or gender, including: Hormone replacement therapy, Sex reassignment therapies, mentally factors and sexual organs.

According to scholars, the criterion by which they can be determined as men or women is sexual gender. That’s why, there have been declared some signs in order to make sure which they are. For example, if one has both male and female sexual organs but urinate from one of the both it would be considered as the criterion. Therefore, if one urinates from male organs it would be considered as man.

There are other solutions have been explained in Islamic laws in order to identify their sex and gender as follows:

Urination (that just explained),  overtaking urination of female or male canal, interrupted urine delay in male or female urination canal and finally to be cautious and act like men and women if the previous mentioned criterions didn’t work and observing the rules of men and women are not beyond their capacities.[2]

Conclusion: Since, you are not sure to which of the above mentioned types your boss belong, you are supposed to observe hijab as well as the other rules in this regards if you see it.

[1] . In this regards, refer to Mutahhari, Ahmad, Mustanad Tahrir al-Wasila (al-Masael al-Mustahdathah), Pgs. 191-192;  Tahrir al-Wasila of Imam Khomeini (ra), Vol 2, Pg. 559, Q 2.

[2] For further information in this regards, please refer to Sadr, Sayyid Muhammad, Mawara al-Fiqh, Vol. 6, Pg. 135.

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Observing Hijab in Muharram

Question 286: One thing that am disagree and as am faild to justify my views against this, is unveild women coming in the jaloses of men in moharram and chehlam. As this called bepardgi which is not Mission e Imam Hussain as. At all. Please answer me regarding this issue. Thanks

Answer 286: The philosophy behind the hijab for woman in Islam is that she should cover her body in her associations with men ‘whom she is not related to according to the divine law’ (na-mahram) and that she does not flaunt and display herself.

The verses of the Holy Quran which refer to this issue affirm this and the edicts of the religious jurisprudents confirm it. The concept of hijab is to create a healthy environment in the family and society.

If we study hijab from a Quranic perspective, we will see that the Quran sorts out hijab into different kinds one of which is the modest covering of the body. In order to clarify the discussion, we will enumerate the different kinds of hijab from the perspective of the Holy Quran:

1) Modesty in looking as the Quran says: “Say to the believing men that they should lower their gaze and guard their modesty” and also, “And say to the believing women that they should lower their gaze and guard their modesty,”[1]

2) Hijab in utterance: Women have advised how to speak to strangers (males outside of their family): “O wives of the Prophet! you are not like any other of the women; If you will be on your guard, then be not soft in (your) speech, lest he in whose heart is a disease yearn; and speak a good word.”[2]

3) Hijab in conduct: Women have been guided how to conduct themselves when in front of strangers. They have been ordered not to attract strangers’ attention by showing their ornaments and beautifications: “…and that they should not strike their feet in order to draw attention to their hidden ornaments.” [3]

Note: It is necessary to mention that one of the main missions of Imam Hussain (as), by which he himself along with his followers and families have been killed by their enemies for, was to revive the pure Islam of the Holy Prophet (saws) by “Amr bil Maroof wa Nahi ‘anil Munkar,” which means recommending us the Maroof (lawful acts) and forbidding us the Munkar (unlawful acts). Hijab is an obligatory (wajib) act that a woman must observe, but mourning for Imam Hussain (as) is a recommended (mustahab) act. Therefore, they are supposed to mourn for Imam Hussain (as) if they have a proper hijab.
As a result, if a woman doesn’t observe her hijab deliberately and comes in the majlis of Imam Hussain (as) in this state, her azadari wouldn’t be considered as sahih.

For further information in this regards, please read the following answer:

Index: Philosophy of Hijab during prayer, answer 020.

Index: Hijab of Sayeda Fatima al-Zahra (sa), answer 492.

Index: Men and Women: Covering body in prayers, answer 594.

[1] . Al-Noor, 30: قُلْ لِلْمُؤْمِنِينَ يَغُضُّوا مِنْ أَبْصارِهِمْ،; Al-Noor, 31: قُلْ لِلْمُؤْمِناتِ يَغْضُضْنَ مِنْ أَبْصارِهِنَّ،.

[2] . Al-Ahzab, 32: فَلا تَخْضَعْنَ بِالْقَوْلِ فَيَطْمَعَ الَّذِي فِي قَلْبِهِ مَرَضٌ.

[3] . Al-Noor, 31 وَ لا يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ ما يُخْفِينَ مِنْ زِينَتِهِنَّ.

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A Shia Muslim woman cannot marry a non-Muslim man

Question 342: A/S. Is it permissible for a shia divorced woman to marry a non-Muslim. If she married a Catholic and she will not be deterred to practice her shia faith, is it allowed?

Answer 342: In the Holy Quran Allah (SWT) says: “… And do not give (believing women) in marriage to idolaters until they believe And certainly a believing servant is better than an idolater, even though he should please you These (idolaters) invite to the Fire And Allah invites to the garden and to forgiveness by His will And makes clear His communications to men, that they may be mindful”.[1]

According to all maraja’ (ha), as for a Muslim woman, she is not allowed to marry a non-Muslim man at all. In this regards, there is no difference in permanent or temporary marriage, weather the man allows her practicing Shia faith or not.

If a Muslim woman has realized that her husband is non-Muslim their marriage contract is void and she must separate from him.[2]

Index: Essential Requirements of a Successful Marriage in Islam, answer 515.

Index:  Rules regarding temporary or permanent marriage with people of the book, answer 080.

Index: A Muslim Woman Cannot Marry a Non-Muslim Man, answer 576.

[1] . Surah Baqara, verse 221.

[2] . Tahrir al-Wasilah of Imam Khomeini, Vol. 2, Pg. 254;  Minhaju ‘s-Saliheen, vol. 2, Pgs. 263- 265; Ibid, Vol. 3, Pg. 67, Q 205; Tawzih al-Masael, Pg. 479, Q 2357; Ibid, 1381, Pg. 476, Q 2393; Istiftaat of Imam Khomeini, Vol. 3, Pg. 128, Q 131 & 132; In this regards, a question has been sent to the office of Grand maraja Ayatollahs Khameni, Sistani and Makarem Shirazi (ha).

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Ascribing lies to Allah and his Prophet while fasting

Question 113: I was wondering, I know that ascribing lies to Allah acc the infallible (a) breaks ones fast, but is this only if someone says it to someone else? For instance what if someone kept a journal only for himself during Ramadan and then it turned out something he wrote was incorrect, would this break his fast? What if he ascribed a lie intentionally by writing?

Jazak Allah

Answer 113: Ascribing lies to Allah (SWT) and His Prophet (pbuh) is one of the things which invalidate our fast.

If a person who is observing fast, intentionally ascribes something false to Allah, the Almighty and the Holy Prophet (pbuh) and his vicegerents (a.s.), verbally or in writing or by making a sign, his fast becomes void, even if he may at once retract and say that he has uttered a lie or may repent for it. And, as a recommended precaution, he should refrain from imputing lies to Bibi Fatema Zahra (a.s.) and all the Prophets and their successors.

If a person intentionally ascribes to Allah or the Holy Prophet or the successors of the Holy Prophet a falsehood fabricated by some other person, his fast becomes void. However, if he quotes the person who has fabricated that falsehood, his fast will not be affected.

As a result, if he wrote something false to Allah and the Holy Prophet (pbuh) while he is fasting, his fast becomes void. Otherwise, if he wrote it in other months (excluding the holy month of Ramadan or a day he is fasting), his fast doesn’t become void. He must only repent to Allah (SWT), with sincere repentance! Maybe his Lord will absolve him of his misdeeds.[1]

For further information in this regards, please refer to the following answer:

Index: Things from which a person keeping fast must abstain & Kaffarah (Expiation), answer 372.

[1] . The official website of the office of Sayyid Sistani (ha), Fasting » Ascribing lies to Allah and His Prophet.

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Wisdom of placing the Holy Quran on our head

Question 112: What is the wisdom and narrations of placing the Holy Qur’an on top of your head? When are the appropriate times during the year to do this?

Answer 112: As we Shia follow the traditions of the Infallibles (as), we all follow whatever they have been told us in this regards.
Ali bin Yaqteen narrated from Imam Kadhim (as) that the Imam (as) said: “Take the holy Quran in your hand and place it on top of your head and then say:

اللَّهُمَّ بِحَقِّ مَنْ أَرْسَلْتَهُ إِلَى خَلْقِكَ وَ بِكُلِّ آيَةٍ هِيَ فِيهِ وَ بِحَقِّ كُلِّ مُؤْمِنٍ مَدَحْتَهُ فِيهِ وَ بِحَقِّهِ عَلَيْكَ وَ لَا أَحَدَ أَعْرَفُ بِحَقِّهِ مِنْكَ يَا سَيِّدِي يَا سَيِّدِي يَا سَيِّدِي

Then say “یا الله” (O Allah) for ten times, “بحق محمد” (by the right of Muhammad (pbuh)) ten times, and then continue saying each name of the Infallible Imams (pbuth) ten times. After all has been mentioned ten times, beg Allah whatever you want. So, Allah, the Almighty will grant all your wishes.

It is said (in traditional resources) that whenever you face any problems try to offer two Rakats, place the holy Quran on top of your head and mention the name of Allah (SWT), Holy Prophet (pbuh) and ahlul bayt (pbuth) ten times, so Allah. The Almighty will grant your wishes. [1]

While placing the qur’an on the head. Remind yourself that true salvation can only be achieved by always keeping the rules of qur’an ahead of us to follow. The fact that we put the Qur’an on our head is a sign of respect and reverence. We beseech Allah by the thaqalayn – the speaking and the silent Qur’an.[2] Pray for Aql/Intelligence to be Kamil (complete), it is Kashe (submits) to quran & acquires Noor (light) from it.

O Allah! I appeal to Thee in the name of this Qur’an and the Rooh that was sent along with it, and in the name of the Momin (believer) whose praise is contained in this Book and The obligation that is on them. No one else recognizes the right and truth more than Thee

Transliteration:

“Allaahumma be haqqe haazal Qur’an we be haqqe man arsaltahoo beh, Wa be haqqe kulle momenin madahtahoo feeh, we be haqqeka alaihim fa-laa ahada a’arafo be haqqeka mink”[3]

Note: There are no restrictions limiting the times of placing the holy Quran on top of our head. However, it is more recommended to do so during these holy Nights of Power (19th, 21st or 23rd or 27th night of Ramadan / or 15th night of Shaban).

For further information in this regards, please refer to the following answer:

Index: The sign of Laylatul Qadr, the Night of Power, answer 065.

Index: Definition of Dua, Means and Intercession, answer 148.

Index: Reciting Dua or Dikr in any language during the Prayer, answer 579.

[1] . Sheikh Hurr Ameli, Wasail al-Shia, Vol. 8, Pgs. 125-126; Sayid bin Tawoos, Radhi al-Din Ali, al- Al-Iqbāl bi l-aʿmāl al-hasanah, Vol. 1, Pg. 186-187.

[2] . Holy Qur’an (39:56).

[3] .Refer to: http://duas.org/.

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Add anything in Adhan as blessing

Question 285: obviously who thinks about it before reciting that,”I’m about to recite this but not as a part but as a blessing”.Its either you do it or don’t. Its absolute. But what about those sources which say Bilal actually included Ali un waliullah in the adhan during the adhan in Ghadeer Khumn?

And also as per the blessing logic, why can’t I simply add anything in adhan as a blessing? I can say Gabriel is the supreme angel ,Ibrahim was a great imam and prophet etc.I mean,all of these would also bless me.I still don’t get the logic.

Answer 285: There are some particular traditions in which we are allowed to recite the third testimony in Adhan as a blessing and with the intention of Qurbat, however there has not been mentioned any reliable hadith saying that the Holy Prophet (PBUH) has ever recited it to His Adhan or even allowed others to do so.

Although, in book “al-Salafa fee Amrel Khilafa” mentioned that when Salman Farsi added the third testimony in Adhan one complained to the Holy Prophet (PBUH), He Said: “You heard a kind word”. In this book it is also mentioned, after Ghadir Khum when the Holy Prophet heard that Abadar Ghifari added it to the Adhan, He said: “What was the meaning of the Sermon on that hot weather I addressed You? Didn’t it mean that Ali Amirul Momenin is Waliullah?”[1]

But, first of all this book is not accessible to search about the reliability of the ahadith mentioned there and second these traditions haven’t found before seventh century, so we ought not to discuss about their Sanad whether they are reliable or not.

There are some traditions in which reciting the third testimony is permissible in Adhan as follows: Imam Sadiq (as) has said: When Allah has created the heavens and the earth said, O harbinger Witness to the three testimony.[2]

In addition, we come across narrations in our textual resources which say that whenever a person testifies to the prophecy of Holy Prophet (pbuh), he should also testify to the successorship (wilayah) of the Commander of Faithful, peace be upon him.
In any case, the reason why Shiite jurists allows the recitation of the third testimony in Adhan, not as a part, lies in the unrestricted narratives which say: “Whenever you testify to the oneness of God and the prophecy of Muhammad, you should testify also to the mastership of Ali bin Abi Tablib (a.s.).” Since this narrative is absolute and unrestricted, it includes Adhan and Iqamah also.

Note: Considering that bid’ah means adding to the religion what is not a part of it, reciting other things no hadith prove it is treated as Bid’ah.

Adding the third testimony in Tashahud:  As the prayer is Tawqifi act we must not add anything other than what shariat allowed us to do.

Since, the third testimony is not a part of prayer we are not allowed to add it in tashahud.[3]

For further information in this regards, please refer to the following answer:

Index: Number of things which invalidate the prayer, answer 547.

Index:  Saying Āmīn during prayer in validate the prayer, answer 017.

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[1] . Maraghi Mesri, Sheikh Abdullah, al-Salafa fee Amrel Khilafa, Pgs. 32 & 33.

[2] . Kuleini, Muhammad bin Yaqoub, Al-Kafi, researcher and editior, Ghifari, Ali Akbar, Muhammad, Vol. 1, Pg. 441, Darel Kotob al-Islamiya, fourth edition, 1407 A.H; Sheikh Sadouq, al-Amali, Pg. 604, A’lami, Beirut, fifth edition, 1400 A.H.

[3] . Imam Khomeini, Istiftaat, Vol. 1, Pg. 167.