|
|||||||||||||||||||
|
The first condition.878. If a person prays on a usurped property, his prayers are void; even if he prays on a carpet, or a couch, or similarly objects. However, there is no harm in offering prayers under a usurped roof or a usurped tent. 879. Prayers offered in a property, whose use and benefit belongs to someone else, will be void; unless permissible is taken from the entitled person. For example, if a house has been rented out, and the owner of the house, or anyone else offers prayers in that house without permission of the tenant, his prayers are void. Also, praying in a property that someone else has a share in it is void. For example, if a person made a will that one third of his estate should be used for a particular cause, prayers cannot be offered in that property until that one third has been dispensed with. 880. If a person sitting in a mosque, is made to quit his place by someone who then occupies his place, the prayers offered there should be repeated, as an obligatory precaution 881.
If a person does not know, or forgets that a place is a usurped one, and
offers prayers 882. If a person knows that a certain place is usurped, but does not know the rule that prayers at a usurped place are void, and offers prayers there, his prayers are void. 883. If a person is obliged to offer obligatory prayers while riding, and if the transportation means, or the animal of his riding, or its saddle, are usurped ones, his prayers are void. And the same rule applies if he wishes to offer Mustahab prayers while riding. 884. Using a usurped land, which does not have a definite owner at the moment is not permissible and prayers in it are void and in order to make its situation clear, they must resort to a fully qualified Mujtahid. Also, if building materials such as iron, brick and other things are usurped and used for building house or store and the owner does not know those materials, if using that house or store is considered as an act of using a usurped property, it is not permissible and offering prayers in its is void and the case should be referred to a fully qualified Mujtahid. 885. If a person owns a property in partnership with another person, and his share is not defined, he cannot use that property to offer prayers without the consent of his partner 886. If a person purchases a property with the sum of money from which Khums or Zakat has not been paid by him, his use of that property is Haraam, and the prayers, which he offers in it are void. The same applies if a person buys a property by promising some action and while purchasing he intends to pay the price from a money whose Khums or Zakat is not paid. 887. If the owner gives a verbal consent for offering prayers in his property, but it is known that he is not happy about it at heart, then offering prayers in his property is void. Conversely, if he does not give verbal permission but it is known with certainty that he is happy about it, then offering prayers in his property will be in order. 888. Use a property which belongs to a dead person, who has not paid Khums or Zakat is Haraam and prayers offered in it are void, except when it is considered to pay his dues. 889. Using the property of a dead person who owes to other people is Haraam and prayers in it are void, and this is a situation which arises when his dues are equal to his whole estate. But small spendings such as preparation of burial (costs of Kafan and burial) by the heirs in a normal way is permissible, but if his dues are less than his property and it is known that the creditors have consent and the heirs are determined to pay his dues, using of the property and praying in it is permissible, but in this case, as an obligatory precaution, consent of the guardian should be taken. 890. If a dead person did not owe anyone, but some of his heirs are either minor, or insane, or absent, then use of that property is Haraam, and it is not permissible to offer prayers in it, but small spendings for burial costs is permissible. 891. Praying in public places such as hotels, inns, and public baths, which receive passengers and customers is permissible, but offering prayers on behalf of others who are not passenger or customer of that place, if there is signs of implied consent of the owner, is in order. However, offering prayers in private places without the permission of its owner is not in order, but if the owner has given his consent for some other acts which makes a hint implying his permission for Namaz, such as inviting a person for staying or having food, it is permissible. 892. Praying and sitting and sleeping in vast lands which are out of city or village and usually they are pastures of animals and there is no crops in, even if the owner has not consent, are permissible. Also, in agricultural lands which are situated near cities and villages and have no walls over them, even if it is known that the owner is minor or insane, praying, passing or small forms of usage which do not Haraam the crops are permissible, but if it is known that one of its owners has not consent, using them is Haraam and Namaz is void in there. |