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Ways to obtain the verdict (Fatwa) of a Mujtahid

Question 555: Can you please tell us the ways by which we can obtain the verdict (Fatwa) of a Mujtahid?

Answer 555: There are three ways of adopting the verdict (Fatwa) of a Mujtahid on different issues:

  1. Listening to the verdict from the Mujtahid himself.
  2. Narration by one or two morally sound (Adl) persons about the Mujtahid (‘s verdict) or about (his opinion given in) his Risâlah (Tawzih al-Masael), provided that it is free from (typing) errors; rather, the narration by a single person would be sufficient, if he happens to be one whose statement is relied upon.
  3. Consulting the Mujtahid’s Risãlah, provided that it is free from (typing) errors.[1]

[1] . Tahrir al-Wasilah of Imam Khomeini, RULES REGARDING TAQLID.

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When a representative of marja tells a rule incorrectly

Question 019: If a representative of marja or religious scholar (not a Marja himself) tells a ruling of a Marja e Taqlid incorrectly and we follow his advice deeming it to be correct, will our action be regarded correct in the light of shari’ah?

Answer 019: It depends on what action has been done incorrectly. In some cases, making mistakes doesn’t void your action, however, in other cases, it would void it. For example, if you performed your wudu incorrectly (leaving out some parts of the body which must be washed in wudhu) according to the representatives explanation and then you realized it was wrong, you have to compensate your prayers which have been previously offered, because wudu and the like is an obligatory action that must be done c orrectly.

It doesn’t matter if you yourself didn’t know how to do it correctly, nor that you offered it based on the representative or even the marja whom you follow, in that he explained its rule mistakenly.

If you made mistakes without causing harm (e.g. did the wiping of the head or feet [mash] with a new water), then your wudhu and ghusl will be considered correct; and, consequently, his past prayers and pilgrimage will also be considered correct, if you was ignorant out of negligence in learning the Islamic laws.[1]

On the other hand, if you mistakenly recited Suratul Ikhlas incorrectly your prayer would be considered as valid whether or not you have done it based on your own knowledge or the marja’ Fatwa.

Additional Source: This Question was sent to the office of Ayatollah Mousa Shubairi Zanjani (ha), and His Excellency has replied to it as follows: “It depends on what action has been done incorrectly. E.g. those prayers have previously been offered by the wudhu have to be compensated”.

According to Ayatollah Safi Golpayegani, if the wudhu has previously been performed incorrectly you have to compensate all your prayers which have been previously offered.

[1] . For further information regarding Jahl, please refer to: The official website of the office of Sayyid Sistani (ha).