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Remaining in the state of janāba

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Remaining in the state of Janāba (Arabic: البقاء على الجنابة) means delaying the ghus of janaba until the fajr adhan. According to jurists, a "mukallaf" should not remain in the state of janaba on the night of the month of Ramadan—or any other night when he or she intends to perform "qada'" of a missed fast of Ramadan the following day —until the fajr adhan.

Jurists do not consider the fast of someone who (intentionally or out of forgetfulness) remains in the state of janaba until the fajr adhan, valid, whether during Ramadan or when performing qada' of its missed fasts.

They also state that remaining in the state of "janaba" until the "fajr adhan" in the case of recommended fasts or other obligatory fasts—such as "kaffara" fasts—does not invalidate the fast; however, based on obligatory precaution, one should not intentionally remain in a state of janaba until the fajr adha.

According to the rulings of jurists, if a person is in a state of janaba or ihtilam on a night of Ramadan and knows that if they sleep, they will not wake up before the fajr adhan, they must not sleep without performing ghusl of janaba. If they sleep and fail to wake up before the fajr adhan, their fast (for that day) is invalid, and they must both perform qada' for it and pay kaffara (expiation). However, if they intended to wake up and perform ghusl before the fajr adhan, but overslept, their fast is valid.

Definition of the Concept

Remaining in the state of janaba means delaying the ghusl of janaba until after the fajr adhan, on a night of Ramadan or any other night when the mukallaf intends to fast the following day.[1]

Jurisprudential Ruling on Remaining in the State of Janaba

Most jurists hold that in regard to the fast of Ramadan and the qada' of the fast of Ramadan, it is obligatory for the person in the state of janaba to avoid remaining in the state of janaba until the fajr adhan,[2] and the fast of one who intentionally remains in that state until the fajr adhan is invalid.[3] Likewise, if the person's obligation is to perform "tayammum" and they do not do so, their fast is invalid.[4]

Some jurists, such as Tabataba'i Yazdi and Imam Khomeini, say that if a person remains in the state of janaba until the fajr adhan and does not perform ghusl even out of forgetfulness, their fast is invalid.[5] However, according to the ruling of some others, including Makarim Shirazi, if it is not intentional, their fast is valid.[6]

According to jurists, in other obligatory fasts (other than the fast of Ramadan and the qada' of Ramadan fasts), no definitive argument has been narrated to require the performance of ghusl of janaba before the fajr adhan for the validity of these obligatory fasts.[7] However, they have said that, based on obligatory precaution, one should not intentionally remain in a state of janaba until the fajr adhan.[8]

According to the prominent opinion among jurists, in the case of recommended fasts, remaining in the state of janaba until the fajr adhan does not invalidate the fast.[9]

The Ruling on Sleeping After Becoming Junub or Having a Wet Dream (Ihtilam)

Rulings have been stated regarding remaining in the state of janaba due to oversleeping by a person who becomes junub or having a wet dream (ihtilam) on the night of Ramadan, including:

  • The fast of one who becomes "junub" and sleeps until morning without intending to perform ghusl, is considered as intentional remaining in the state of janaba (meaning their fast is invalid, and both qada' and kaffara become obligatory for them).[10] However, if they intended to perform ghusl after waking up (before the fajr adhan) but overslept, their fast is valid.[11]
  • Someone who is junub during the night of Ramadan and knows that if they sleep, they will not wake up before the fajr adhan, must not sleep, and if they sleep and do not wake up until morning, their fast is invalid, and both qada' and kaffara are obligatory upon them.[12] According to some maraji's, they must continue and complete their fast, but qada and kaffarah are also obligatory upon them.[13]
  • If the mukallaf intends to perform ghusl, but sleeps twice and wakes up twice, and then sleeps a third time and remains asleep without performing ghusl until after the fajr adhan, their fast is invalid.[14] Shaykh Tusi believes that kaffara also becomes obligatory upon him.[15]
  • According to the "fatwa" of Imam Khomeini, if a person becomes junub at night, wakes up three times, and each time goes back to sleep without performing ghusl, and then does not wake up until the fajr adhan, they are only required to perform qada' for that day's fast, and no kaffara is obligatory upon them.[16]
  • According to Imam Khomeini, the "first sleep" is the sleep that occurs after a person who has experienced ihtilam wakes up and then goes back to sleep; however, according to Sistani, the "first sleep" is the very sleep in which the ihtilam occurred.[17]

Notes

  1. ↑ Shāhrūdī, Farhang-i fiqh, vol. 2, p. 122.
  2. ↑ See: Ḥillī, Sharāʾiʿ al-Islām, vol. 1, p. 141; Mūsawī ʿĀmilī, Madārik al-aḥkām, vol. 1, p. 17.
  3. ↑ See: Ṭūsī, al-Khilāf, vol. 2, p. 174; Najafī, Jawāhir al-kalām, vol. 1, p. 34; Khoeī, al-Tanqīḥ, vol. 6, p. 289; Ḥakīm, Mustamsak al-ʿUrwat al-wuthqā, vol. 3, p. 38.
  4. ↑ Banī Hāshimī Khomeinī, Tawḍīḥ al-masāʾil-i marajiʿ, vol. 1, p. 1141.
  5. ↑ Ṭabāṭabāʾī Yazdī, al-ʿUrwat al-wuthqā, vol. 1, p. 480; Khomeinī, Taḥrīr al-wasīla, vol. 1, p. 40.
  6. ↑ Banī Hāshimī Khomeinī, Tawḍīḥ al-masāʾil-i marajiʿ, vol. 1, p. 1141.
  7. ↑ Khoeī, al-Tanqīḥ, vol. 6, p. 299; Ḥakīm, Mustamsak al-ʿUrwat al-wuthqā, vol. 3, p. 41.
  8. ↑ Khomeinī, Taḥrīr al-wasīla, vol. 1, p. 40.
  9. ↑ See: Ṭabāṭabāʾī Yazdī, al-ʿUrwat al-wuthqā, vol. 1, p. 480; Khomeinī, Taḥrīr al-wasīla, vol. 1, p. 40.
  10. ↑ See: Ḥillī, Sharāʾiʿ al-Islām, vol. 1, p. 141; Ṭūsī, al-Khilāf, vol. 2, p. 222.
  11. ↑ Ḥillī, Sharāʾiʿ al-Islām, vol. 1, p. 141.
  12. ↑ Banī Hāshimī Khomeinī, Tawḍīḥ al-masāʾil-i marajiʿ, vol. 1, p. 1145.
  13. ↑ Banī Hāshimī Khomeinī, Tawḍīḥ al-masāʾil-i marajiʿ, vol. 1, p. 1146.
  14. ↑ Ḥillī, Sharāʾiʿ al-Islām, vol. 1, p. 141; Ṭūsī, al-Khilāf, vol. 2, p. 222.
  15. ↑ Ṭūsī, al-Khilāf, vol. 2, p. 222.
  16. ↑ Khomeinī, Tawḍīḥ al-masāʾil, p. 346.
  17. ↑ Banī Hāshimī Khomeinī, Tawḍīḥ al-masāʾil-i marajiʿ, vol. 1, p. 1149.

References

  • Banī Hāshimī Khomeinī, Sayyid Muḥammad Ḥasan. Tawḍīḥ al-masāʾil-i marajiʿ. Qom: Daftar-i Intishārāt-i Islāmī, 1392 Sh.
  • Ḥakīm, Muḥsin. Mustamsak al-ʿUrwat al-wuthqā. Najaf: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1388 AH.
  • Ḥillī, Jaʿfar b. al-Ḥasan al-. Sharāʾiʿ al-Islām fī masāʾil al-ḥalāl wa l-ḥarām. Edited by Muḥammad ʿAlī Baqqāl. 2nd edition. Qom: Muʾassisa-yi Ismāʿīlīyān, 1408 AH.
  • Khoeī, Sayyid Abū l-Qāsim al-. Al-Tanqīḥ fī sharh-i ʿurwat al-wuthqā. Edited by Riḍā Khalkhālī. Qom: Muʾassisat al-Khoeī al-Islāmīyya, 1418 AH.
  • Khomeinī, Sayyid Rūḥ Allāh. Taḥrīr al-wasīla. Tehran: Muʾassisah-yi Tanẓīm wa Nashr-i Āthār-i Imām Khomeini, 1392 Sh.
  • Khomeinī, Sayyid Rūḥ Allāh. Tawḍīḥ al-masāʾil. Edited by Muslim Qulīpūr Gīlānī. 1st Edition. Qom: Muʾassisa-yi Tanẓīm wa Nashr-i Āthār-i Imām Khomeinī, 1426 AH.
  • Mūsawī ʿĀmilī, Muḥammad b. ʿĀlī. Madārik al-aḥkām fī sharḥ Sharāʾiʿ al-Islām. Qom: Muʾassisat Āl al-Bayt (a), 1411 AH.
  • Najafī, Muḥammad al-Ḥasan al-. Jawāhir al-kalām fī sharḥ sharāʾiʿ al-Islām. Edited by Muḥammad Qūchānī. 7th edition. Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1362 Sh.
  • Shāhrūdī, Sayyid Maḥmūd. Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt. 1st edition. Qom: Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī, 1382 Sh.
  • Ṭūsī, Muḥammad b. al-Ḥaasn al-. Al-Khilāf. Qom: Muʾassisa Nashr-i Islāmī, 1407 AH.
  • Ṭabāṭabāʾī Yazdī, Muḥammad Kāẓim al-. Al-ʿUrwat al-wuthqā fīmā taʿummu bih al-balwā. Edited by Aḥmad Muḥsinī Sabziwārī. Qom: Daftar-i Intishārāt-i Islāmī, 1419 AH.
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