Imam Al Baqir’s (‘as) contribution to Jurisprudence

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The Rules of Fighting in Islam
Ima`m Abu` Ja’far (al-Ba`qir), peace be on him, talked about the rules of fighting in Islam when one of his followers asked him about the battles of Ima`m ‘Ali, the Commander of the Faithful, peace be on him. So, he said to him:
Allah sent Mohammed, may Allah bless him and his family, with five swords: three of them will not be sheathed till war comes to an end. War will not come to an end till the sun rises in the West. When the sun rises in the West, all the people will be believers on that day. Then such belief will not avail the person who had not believed (in Allah) before or had not done good with his belief. The forbidden sword, and the sheathed sword whose drawing is for other than us, and whose belongs to us.
As for the three unsheathed swords, they are: the first sword is against the Arab polytheists. Allah, the Great and Almighty, said:’ So, when the sacred months have passed away, then slay the idolaters wherever you find them, and take them captives and besiege them and lie in wait for them in every ambush.
(The Holy Qur’an, al-Touba, 5)
‘However, if they repent and keep up prayer and pay the poor-rate, then they are your brethren in religion.(The Holy Qur’an, al-Touba,11)
Nothing is accepted from these people except killing or embracing Islam. Their properties are regarded as war booty, and their families are taken as prisoners. Allah’s Apostle, may Allah bless him and his family, practiced that when he took them as prisoners, forgave them, and accepted ransom from them.
The second sword is against the non-Moslem subjects. Allah, the Glorified, said: ‘And you speak to men good words.( The Holy Qur’an, al-Baqara, 83)
This verse was revealed concerning the non-Moslem subjects. However, this verse was abrogated by these words of Allah: ‘Fight those who do not believe in Allah, nor in the latter day, nor do they prohibit what Allah and His Apostle have prohibited, nor follow the religion of truth, out of those who have been given the Book, until they pay the jizya (tax) in acknowledgment of superiority and they are in a state of subjection.(The Holy Qur’an, al-Touba, 30)
Nothing is accepted from the non-Moslem subjects who live in the land of Islam except jizya or being killed. Moreover, their property is regarded as war booty, and their families are taken as prisoners. However, when they accept to pay jizya (tax), then it is forbidden for us to take them as prisoners and to regard their property as war booty.
Furthermore, it is lawful for us to marry from their women. It is lawful for us to take as prisoners those who are at the war-area and to regard their properties as war booty. It is unlawful for us to marry from their women. Nothing is accepted from them except adopting Islam and paying jizya or killing.
"The third sword is against non-Arab polytheists such as the Turkish, the Daylam, and the Khazar. Allah, the Great and Almighty, said: ‘So, when you meet in battle those who disbelieve, then smite the necks until when you have overcome them, then make (them) prisoners, and afterwards either set them free as a favor or let them ransom (themselves) until the war terminates.
(The Holy Qur’an, Mohammed, 4)
As for His words: ‘And afterwards either set them free.’ He means after taking them as prisoners. ‘Or let them ransom (themselves).’ He means the ransom between them and the people of Islam. Nothing is accepted from these people except killing or entering Islam.
As for the forbidden sword, it is the sword against the people of aggression and interpretation. Allah said:’ And if two parties of the believers quarrel, then make peace between them. However, if one of them aggresses against the other, then fight that which has aggressed until it returns to Allah’s command.( The Holy Qur’an,al-Hujueat, 4)
When this verse was revealed, Allah’s Apostle, may Allah bless him and his family, said:’ Indeed one of you will fight on (the basis of) interpretation as I fight (on the basis) of revelation.’ So, the Prophet, may Allah bless him and his family, was asked: ‘Who is he?’ Thus, he said: ‘The one who mended the sandals (i. e. , the Commander of the Faithful).’
‘Amma`r b. Ya`sir said: ‘I fought beside Allah’s Apostle, may Allah bless him and his family. I carried this standard three times This is the fourth time. By Allah, if they fought against us and reached al-Sa’afa`t at Hajr we would know that we were right and they were wrong.’ The Commander of the Faithful, peace be on him, treated them in this manner as Allah’s Apostle, may Allah bless him and his family, treated the people of Mecca. That was on the day when he conquered Mecca. Indeed he did not take their families as prisoners.
Then he (Allah’s Apostle) said: ‘Whoever closes his door is safe. Whoever lays down his weapons is safe. Such said the Commander of the Faithful, peace be on him, at the Battle of Basrah. He commanded his fighters, saying: ‘Do not take their children as prisoners. Do not kill the wounded. Do not chase those who escape. Who closes his door and lays down his weapons is safe.
And the sheathed sword: As for the sheathed sword, it is the sword through which the punishment is inflicted (for wrongdoing). Allah, the Great and Almighty, said: ‘The soul for the soul and the eye for the eye.( The Holy Qur’an, al-Ma’ida, 47)
The blood heirs draw this sword, and we decide its rule.
"Allah sent Mohammed, may Allah bless him and his family, to carry these swords. So, whoever denies them or one of them, denies what Allah, the Blessed and Exalted, has revealed to His Apostle, Mohammed.(Tuhaf al’Uqul, p.. 288-290)

Wiping the two Light Leather Boots (khuffayn) with Water
The jurists of the Moslem doctrines have permitted the two light leather boots (khuffayn) to be wiped with water during performing the ablution. They have not considered the touching of the hand on the outward part of the two feet.
(Al-Khilaf, vol. 1, p. 18)
As for the Ima`ms of the members of the House (ahl al-Bayt), peace be on them, they considered the wiping and did not permit other than it. Al-Rabi` said: "I asked Abu` Isha`q about the wiping. So, he said: ‘I saw the people wipe (the two light leather boots) with water. Then I met a Hashmite called Mohammed b. ‘Ali b. al-Husayn. I had never seen a man like him. Thus, I asked him about wiping (the two light leather boots) with water. He prevented me from that, and then he said: ‘The Commander of the Faithful, peace be on him, had not wiped (the two light leatherboots) with water. He said: ‘The Book had come before wiping the two light leather boots (with water).
(Roudat al-Wa’izin, p. 243)
The great Book has proved touching the outward of the two feet. Allah, the Most High, said: "O You who believe, when you rise up to prayer, wash your faces and your hands as far as the elbows, and rub your heads and your feet to the ankles."The verse clearly denotes the opinion of the members of the House (ahl al-Bayt), peace be on them.
Touching the Vestibule of the Vulva does not invalidate Wudu’
Al-Sha`fi’i believed that touching the vestibule of the vulva was among the things that invalidated wudu’. In that he cleaved to what had been reported on the authority of b. ‘Umar, Sa’d b. Abu` Waqa`s, Abu` Hurayra, ‘A’isha, and Sa’id b. al-Musayyab, who said: "Touching the vestibule of vulva is among the things that invalidate wudu’."
As for Ima`m Abu` Ja’far (al-Ba`qir), peace be on him, and all the Ima`ms of the members of the House (ahl al-Bayt), peace be on them, did not believe in that. Zara`ra reported on the authority of Abu` Ja’far (al-Ba`qir), peace be on him, who said: "Neither the kiss nor touching the woman’s body nor touching the vestibule of the vulva invalidates wudu’.( Al-Khilaf, vo. 1, p. 23)
Besides invalidating ritual purity requests a proof.

Raising the Voice during the quiet Prayer
The Jurists of the Moslem doctrines believed that raising the voice intentionally during the quiet prayer or lowering it during the loud prayer was not among the things that invalidated the prayer. As for the jurists of the doctrine of the members of the House (ahl al-Bayt), peace be on them, they believe that it is among the things that invalidate the prayer.
Zara`ra reported on the authority of Ima`m Abu` Ja’far (al-Ba`qir), peace be on him, when he was asked about the man who performed the quiet prayers loudly and the loud prayer quietly. Thus, he, peace be on him, said: "If he did that intentionally, then he invalidated his prayer. So, he must repeat it. If he did that when he was forgetful or heedless or did not know (that), then nothing was against him. Thus, his prayer was perfect.( Al-Khilaf, vo. 1, p. 130)

Asking Allah to bless Mohammed and his Family in Tashahhud
Most Moslem jurists believe that it is obligatory to ask Allah to bless the Prophet, may Allah bless him and his family, in tashahhud (i. e. , I bear witness that there is no god apart from Allah, Who is unique and without partners. I also bear witness that Mohammed is His servant and His Apostle. O Allah, bless Mohammed and his family.) Ja`bir al-Ju’fi reported on the authority of Ima`m Abu` Ja’far (al-Ba`qir), peace be on him, who said:
"Allah’s Apostle, may Allah bless him and his family, said: ‘He who performs a prayer and does not ask Allah to bless me and my family, his prayer is not accepted from him.

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