1045. If a person is unable to bow the necessary degree required for a shar‘Ð rukÙ, as elaborated in article 1031, he should lean on something and perform the shar‘Ð rukÙ. If he is unable to perform rukÙ even by leaning on something, but is capable of performing a conventional bowing, obligatory precaution will dictate that he perform a conventional bowing. Additionally, he should also indicate rukÙ‘ by signaling with his head while standing. If he is unable to perform a conventional bowing either, or is unable to bow at all, obligatory precaution will dictate that he sit down when wanting to perform rukÙ‘, and perform his rukÙ‘ while sitting. He should then also recite another prayer, and indicate its rukÙ‘ by signaling with his head while standing.
1771. Khums is not due on the wealth that a woman acquires as her mahr, nor the wealth that a man comes to possess from a khul‘ divorce . Similarly, khums is not due on that which a person comes to own through inheritance. However, if for example a person is related to another, but does not expect to inherit from him, he will have to pay khums on that which he inherits from him should it exceed his yearly expenses.
1046. If a person whose duty is to perform rukÙ by means of signaling with the head, is unable to do so, he should close his eyes with the intention of rukÙ and recite the dhikr. He should then open his eyes with the intention of standing from rukÙ. If he is unable to do this, he should pass the intention of rukÙ in his mind and recite its dhikr.
1047. If a person is unable to perform rukÙ standing or sitting, even to a degree that is known as rukÙ in the common understanding, and is only able to bow slightly while sitting, he should pray standing and perform rukÙ by means of signaling with the head. In the event that his bowing while being seated is to an extent that it is deemed as rukÙ‘ in the common understanding, the obligatory precaution is that he offer another prayer as well, and when wanting to perform rukÙ‘, he should sit down and bow to that extent.
1048. If a person bows to the point of rukÙ, stands up, and then bows again to the point of rukÙ, his prayer is invalid. If after a person has reached the bowing position of rukÙ, he further bows in such a manner that he exceeds the required limit for rukÙ, and then returns to the position of rukÙ, his prayer will not be deemed invalid so long as he returns to rukÙ from the very state of bowing.
1772. If the wealth of a person who prescribes to the precept of khums is inherited by a person, and the inheritor knows that the person has not paid khums on the wealth that is being inherited, he will have to pay khums on it after seeking permission from the ÎÁkim al-shar‘. However, if the wealth that is being inherited is not liable for khums, but the one being inherited owes an amount of khums, then what he owes will be treated like the rest of his debts, and as long as those debts are not paid off, he will have no right to utilize the inheritance. Should the inheritor want to pay the owed khums from the inheritance that he received, he will have to seek permissions from the ÎÁkim al-shar‘.
1049. After completing the dhikr of rukÙ, one should stand upright, attain bodily composure and then proceed for sujÙd. If a person deliberately proceeds to sujÙd prior to standing, or prior to attaining bodily composure, his prayer is invalid.
1773. If a person saves some extra money at the end of the year because being frugal in his spending, he will have to pay khums on it.
1050. If a person forgets to perform rukÙ, but recollects prior to reaching sujÙd, he should stand and then perform rukÙ. If a person performs rukÙ from the state of bowing—without standing—his prayer is invalid.
1051. If after one’s forehead contacts the earth for sujÙd, a person recollects that he did not perform rukÙ, he should stand, and then perform rukÙ and his prayer will be valid. Obligatory precaution dictates that a person should offer sajdah al-sahw for the additional sujÙd. Recommended precaution however dictates that he should repeat his prayer. If a person recollects during his second sujÙd, his prayer is invalid.
1052. It is recommended to recite takbÐr prior to rukÙ, while one is standing upright. It is also recommended to push one’s knees back in rukÙ‘, maintain a flat back, stretch forth the neck and maintain it at the level of the back, look between the feet and recite ÒalawÁt either prior to the dhikr or after it. After standing from rukÙ, while standing upright with a composed body, one can recite:
سَمِعَ اللّهُ لِمَنْ حمِدَهُ({^ Allah hears he who praises Him. ^})
Same' Allahu Liman Hamidah
1053. It is recommended for women to place their hands on the area above the knees and abstain from pushing their knees back during rukÙ.
1774. If a person’s expenditures are covered by someone else, he will have to pay khums on his entire earnings.
1054. A person should perform two sujÙd after rukÙ in every rak‘ah of the obligatory and recommended prayers. SujÙd is to place one’s forehead on the ground with the intention of humility.
It is obligatory to place the palms, the knees, and the big toes on the ground in the sujÙd of prayer.
1055. The two sujÙd combined, form one pillar of prayer. If in a rak’a, a person deliberately or forgetfully omits both sujÙd or performs two additional sujÙd, his prayer is invalid.
1056. If a person deliberately omits a sujÙd or performs an additional one, his prayer is invalid. The rulings for a person who does so inadvertently shall be elaborated later.
1057. If a person deliberately or inadvertently does not place his forehead on the ground, he has not performed sujÙd, even if the other bodily parts may have contacted the ground. However, if a person places his forehead on the ground, but omits inadvertently placing the other bodily parts on the ground, or inadvertently omits the dhikr, his sujÙd is valid.
1058. Unless one is compelled, it is obligatory to recite either
سُبْحانَ اللَّه (Subhaan'Allah) three times or سُبْحانَ رَبِّيَ الأَعْلى وَ بِحَمْدِهِ (Subhaana rabbiyal a'ala wa bihamdeh) ({^ Glory be to my Lord, the exalted and He do I praise^}). once or any dhikr that it is equal to it in length, in sujÙd. Recommended precaution dictates that the aforementioned tasbÐÎ should be given precedence over dhikr in general. The words of dhikr should be recited in close succession and in correct Arabic. It is recommended thatسُبْحانَ رَبِّيَ الأَعْلى وَ بِحَمْدِهِ be recited three, five, seven or more times.
1059. One should maintain bodily composure while reciting the obligatory dhikr in sujÙd. Obligatory precaution dictates that one’s body should similarly be composed while reciting the recommended dhikr, if it is recited with the intention of the dhikr of sujÙd.
1060. If before one’s forehead makes contact with the ground, or before his body gains composure, he deliberately recites the dhikr of sujÙd, or deliberately raises his head from sujÙd prior to completing its dhikr, his prayer is invalid, unless he excusable for his ignorance, in which case his prayer is valid in both the aforementioned assumptions.
1061. If a person inadvertently recites the dhikr of sujÙd before his forehead contacts the ground, but realizes his mistake prior to raising his head from sujÙd, he should repeat the dhikr while his body is composed.
1062. If after raising his head from sujÙd, a person realizes that he raised his head from sujÙd prior to completing its dhikr, his prayer is valid.
1063. If a person deliberately raises one of the seven parts of the body while reciting the dhikr of sujÙd, his prayer is invalid if he is culpable for his ignorance. However, there is no problem if he raises the body parts, other than the forehead, and places them again on the ground, while he is not reciting dhikr.
1775. If a person endowes a property to a particular person(s), like his sons, and the property is farmed or trees are planted on it, yielding produce that exceeds their yearly expenditure, they will have to pay khums on it. The same will apply if they earn a profit from the property through a different scheme, such as renting it out, in which case they will have to pay khums on the amount that exceeds their yearly expenditure.
1776. If the wealth acquired by a poor person from the dues of khums or ZakÁt exceed his yearly expenditure, obligatory precaution will dictate that he pays khums on it. Additionally, if the dues yield an additional profit for him, such as fruits from a tree which has been given to him as one’s dues of khums, and it exceeds his yearly expenditures, he will have to pay khums on it. As for the money that is given to him in form of charity (sadaqah), he will have to pay khums on it if it exceeds his yearly expenses.
1777. If a person purchases a commodity with the very money whose khums has not been paid, informing the seller that he would be paying for the transaction with that very money, the transaction will be valid as long as the ÎÁkim al-shar‘ allows using one-fifth of it in a transaction. The buyer will then have to submit one fifth of the commodity to the ÎÁkim al-shar‘. However if he does not allow to it, the transaction with respect to that amount is invalid. Therefore, if the money acquired by the seller is still available, the ÎÁkim al-shar‘ will take one-fifth of that. However, if it is no longer available, he will demand an equivalent to that one-fifth from the seller or the buyer.
1778. If a person buys a commodity on credit, and then pays for it with money on which khums has not been paid, the transaction will be valid. The buyer will however be in debt to the seller for one fifth of the payment. As for the amount that was paid, if it is still available, the ÎÁkim al-shar‘ will take one fifth of it. If it is no longer available, he may demand its replacement from the buyer or the seller.
1779. If a person purchases a commodity on which khums has not been paid, and should the ÎÁkim al-shar’ not permit the transaction of one fifth of it, one fifth of the transaction will be invalid, and the ÎÁkim al-shar’ may confiscate one fifth of it. In the event the ÎÁkim shar’ permits it, the transaction is valid and the purchaser should pay an equivalent to the one fifth of its payment to the ÎÁkim al-shar’. If he has given it to the seller, he may repossess that amount.
1780. If a person gifts something of his wealth, whose khums has not been paid to another individual, ownership over one fifth of that property will not materialize for the person receiving the gift.
1781. If a twelver Shi’a acquires some property from a disbeliever or someone who does not prescribe to the precepts of khums, he will not be liable to pay its khums.
