Types of Shiite jurisprudents' Reference to the Practical Sire of the Holy Prophet (PBUH) and Imams (AS)

Based on the viewpoint shared by Shiite jurisprudents, the second source of jurisprudence is ‘‘Sire’’. The Holy Prophet (PBUH) and Imams' (AS) words and deeds that are called ‘‘Sire’’ are considered as religious justification used as a reason for inferring from religious orders. In order to infer from religious orders, jurisprudents refer to the Holy Prophet (PBUH) and Imams' (AS) practical Sire which aimed at explaining an issue or removing its ambiguity as an independently supportive reason to prove their claim. The intention of investigating this subject was to gain an understanding of the Shiite jurisprudents' approach to dealing with the Holy Prophet (PBUH) and Imams' (AS) deeds as well as discovering the jurisprudents' position to their deeds, i.e. to find out if they deal with the deeds the same way as they deal with the words or not. In this study, it was tried to investigate types of Shiite jurisprudents' reference to the practical Sire of the Holy Prophet (PBUH) and Imams (AS) and explain the viewpoints shared by the jurisprudents. Authentic sources of Islamic jurisprudence were benefitted from in this study. Types of jurisprudents' reference to obligation, recommendation, etc. were mentioned in this study. Also, the difference between words and deeds of the Holy Prophet (PBUH) and Imams (AS) and the domain of their practical reasonability as well were discussed. Types of jurisprudents' reference to the practical Sire of the Holy Prophet (PBUH) and Imams (AS) were discussed, too.


Introduction
Supreme Shiite jurisprudents refer to or infer from religious orders in four sources: the Holy Quran, Sire, consensus and wisdom which are known as ''the four reasons''.Definitely, the present study was not aimed at investigating the entire aspects of these four sources.As it is indicated from the title, the purpose of this study was to investigate types of Shiite jurisprudents' reference to the practical Sire of the Holy Prophet (PBUH) and Imams (AS) that forms a part of the Sire.
Holy Prophet (PBUH) and Imams' (AS) deeds about ablutions, prayers, Hajj etc. is in this regard.
2) In cases where the Holy Prophet (PBUH) and Imams' (AS) deed is practiced constantly and continuously in a way that the abandoned deeds are few, or in cases where abandoning the deed is in progress in a way that the items of practice are few.It is more or less inferred from this description that in the first case such a deed implies recommendation and in the second case the abandoning of the deed implies abomination.
3) In cases where the Holy Prophet (PBUH) and Imams' (AS) constant adherence to a deed is verified, in a way that they are not willing to abandon the deed, it will be more or less applied or considered as incumbent.

Jurisprudents' Viewpoints
In this regard, Bahrani-Al-Asfoor says: ''The general rule is that whenever the deed represents ambiguity in Sire or the Holy Quran, obligation to it is indispensable unless a distinct reason implies its recommendation'' (Bahrani,162).
Mohammad Bagher Behbahani says: ''According to the existing views, although the truth is not in incumbency, whenever the Holy Prophet (PBUH) and Imams' (AS) deed is aimed at expressing an ambiguity, the application of it is indispensable, since certain exculpation and obedience to the rules order for its application.If the mode of the deed is not known, obligation to it is recommended'' (Behbahani, 2003, p. 70).

The Difference between Words and Deeds
Words and sayings by the Holy Prophet (PBUH) and Imams (AS) which are included in narrations and hadiths are called (Words of the Holy Prophet (PBUH) and Imams (AS)).Deeds done by the Holy Prophet (PBUH) and Imams (AS), although absent in their words, are called (Deeds of the Holy Prophet (PBUH) and Imams (AS)).
In regard to the difference between words and deeds, Ayatollah Montazeri says: ''Although the Holy Prophet (PBUH) and Imams' (AS) deeds are reasonable, they are not unconditional and they depend on the conditions of time and place, unlike the Holy Prophet (PBUH) and Imams' (AS) words'' (Montazeri, 1988, p. 367).
Therefore, the Holy Prophet (PBUH) and Imams' (AS) words, in case of being thorough in terms of evidence and implication, can be the base for Fatwa and inference of religious order for jurisprudents since they have precision.However, the Holy Prophet (PBUH) and Imams' (AS) deeds, as being affected by time and place, cannot utterly be the base for religious orders since particular deeds may specifically belong to the Holy Prophet (PBUH) and Imams (AS).Some examples are the incumbency of night prayers or the will to have more than four wives which are specifically for the Holy Prophet (PBUH).It is possible in some cases that the Holy Prophet (PBUH) and Imams (AS) have applied a deed in urgent circumstances or for reservation.
According to all mentioned, in cases where religious orders are claimed by the Holy Prophet (PBUH) and Imams (AS), the jurisprudent or priest can refer to the words based on the conditions.As an example, rules for washing one's face in ablution can be inferred from the following hadith which is one the hadiths in this regard: However, the Holy Prophet (PBUH) and Imams' (AS) deeds, in cases where God's commands are reflected in them, can be referred to by jurisprudents and priests under certain circumstances.Thus, jurisprudents and priests can issue fatwa on the basis of such deeds.As an example, in order to demonstrate the way the Holy Prophet (PBUH) used to make ablution, Imam Baqir (AS) asked for a bowl of water and started to make ablution. : Ismaeel-Ibn-e-Mahziyar says: ''I wrote to Imam Reza (AS) asking him about the limits for washing face in ablution.He wrote in response: It starts from where the hair grows to the end of the face as well as around the forehead'' (Kelini, Mohammad-Ibn-e-Eshaq, ( ‫ط‬ -‫دارالحديث‬ ), 2008, Vol. 3, p. 28). 2 Imam Baqer (AS) says: You do not want me to practically describe you the Holy Prophet's (PBUH) way of ablution?People said: We do.Imam (AS) asked for a wooden bowl with some water in it and put the bowl in front of him.Then, he pulled up his sleeves and put his hands into the water saying: It is done when your hands are clean.After that, Imam (AS) filled one of his hands with water and moved it to his Behbahani and Mohaqeq Khansari say: ''This narration is correct.The deed is considered as a necessary statement which has turned into brevity.If the deed is in the form of a statement, it must be conformed to'' (Behbahani, 2005, p. 293 & Mohaqeq Khansari, p. 102).
It is clear that the deeds are religious justifications and the ablution quality must meet the standards of the Holy Prophet (PBUH) and Imams (AS).

Reasonability Domain of the Holy Prophet (PBUH) and Imams' (AS) Deeds
The implacability to the Holy Prophet (PBUH) and Imams' (AS) words is higher than the reasonability of their deeds; as in words, there is a higher potential to use words, phrases and certain parts of speech which thoroughly imply to the purpose and more evidently express the order.However, as far as deeds are concerned, if the deed is practiced by the Holy Prophet (PBUH) and Imams (AS), the implication is that the deed is permissible and allowed to be done, but it does not indicate the incumbency or recommendation of the deed.However, if the deed is not practiced by the Holy Prophet (PBUH) and Imams (AS), the implication is that the deed is not at least necessary, but there is no implication to the unlawfulness or abomination of the deed unless there is another reason or sign to indicate that the deed is necessary, recommended, unlawful or abominable.
Concerning the reasonability domain of the Holy Prophet (PBUH) and Imams' (AS) deeds, late Mozaffar says: ''There is no doubt that the deed, as belonging to the Holy Prophet (PBUH) and Imams (AS), is at least implied to the permissibility of the deed.However, the abandoned deed has the implication that the deed is not necessary.The implication of the deed to permissibility or non-incumbency, if the innocence is proved for the Holy Prophet (PBUH) and Imams (AS), is undoubtedly correct.'' The implication of the deed to what is higher than permissibility or non-incumbency, if the deed is accompanied by indication, means the Holy Prophet (PBUH) and Imams (AS) are expressing an order of orders or worship.Such being the case, based on the existing indication, the deed indicates that it is necessary or recommended.There is no doubt that such a deed, like the appearance of words, is the absolute justification.There is no disagreement between jurisprudents in such cases.Disagreement emerges when the Holy Prophet (PBUH) and Imams' (AS) deed lacks indication.In such cases, some jurisprudents say that the deed is implied to incumbency for non-innocence.Some also say that the deed is implied to recommendation (Mozaffar, 1991, p. 58).
Mohaqeq Damad says: ''There is no problem in that the Holy Prophet (PBUH) and Imams' (AS) deeds are considered as justification like their words.However, in one case, if the deed specifically belongs to the Holy Prophet (PBUH) and Imams (AS) and it is not allowed for someone else unless there is a reason, the words and claims will be unreliable.The reason is that this word requires the deed to lose its reasonability.If there is an indication to specification, the deed will lose its reasonability'' (Mohaqeq Damad, 2: 632).
Ayatollah Makarem Shirazi also believes that the deed without indication does not imply to incumbency or recommendation.''Since words are more illustrative than deeds and transfer the message faster to the addressee, verbal orders by the Holy Prophet (PBUH) and Imams (AS) indicates incumbency and unlawfulness and such indications are to be referred.But, are the Holy Prophet (PBUH) and Imams' (AS) deeds implied to incumbency as their orders are?Is abandoning the deed implied to unlawfulness?Undoubtedly, the deeds are not implied to what is more than permit (non-unlawfulness).A deed practiced by the Holy Prophet (PBUH) and Imams (AS) only implies that the deed is not unlawful; however, the incumbency cannot be inferred from it, as abandoning a deed is only implied to non-incumbency but not to its unlawfulness unless there is an indication where the deed is implied to incumbency; for instance, when the Holy Prophet (PBUH) and Imams (AS) practice a deed aiming at teaching an order or a kind of worshipping or when the Holy Prophet (PBUH) and Imams (AS) constantly practice or abandon a deed which is believed by someone to be the reason for incumbency or unlawfulness'' (Shirazi, 2009, p. 170).

Type of Inferring Recommendation from the Holy Prophet (PBUH) and Imams' (AS) Deeds
The grand jurisprudents sometimes refer to the Holy Prophet (PBUH) and Imams' (AS) deed as an independent reason in order to infer an order of religious orders.As an example, in discussing the recommendation of forehead saying '' ‫ﱠ‬ ‫ﷲ‬ ‫''بسم‬ and pouring water around his forehead.Then, he rubbed his hand on his face and on the sides of his forehead.Next, he put his left hand into the water, filled it and poured the water on his right elbow.Then he rubbed his left hand over his right arm until it was covered with water from the elbow to the fingertips.After that, he put his right hand into the water, filled it and poured the water on his left elbow.He rubbed his hand on his left arm in a way that the water started flowing over to the fingertips.Finally, Imam (AS) used the remaining drops of water on his hands for anointing the front part of his head as well as the upper surface of his feet (Sheikh Sadooq, Mohammad-Ibn-eAli-Ibn-e-Babviyeh, ‫الفقيه‬ ‫يحضره‬ ‫ال‬ ‫,من‬ 1995, Vol. 1, 37).repeated call to prayers, the jurisprudents not only agree on the recommendation of repeated call to prayers, but also refer to the narration by Mohammad-Ibn-e-Muslem.

Inference of Abomination from the Holy Prophet (PBUH) and Imams' (AS) Deed
In cases where the Holy Prophet (PBUH) and Imams (AS) prohibit a deed while an Imam has done one of the same deeds, say, if a contradiction is seen between words and deeds in a subject, jurisprudents declare it as abomination or infer that in case of necessity or excuse, the practice of that prohibited deed will be allowed.

Types of Inferring Abomination from the Holy Prophet (PBUH) and Imams' (AS) Deed
In a narration, Imam Sadeq (AS) prohibits eating while walking.However, there are some other narrations in which the Holy Prophet (PBUH) eats as he walks.
In two other narrations, Imam Ali (AS) and Imam Sadeq (AS) say that the Holy Prophet was eating while walking.
Tawheed after Sura of Fatiha as recommended.They also allow for discrimination or sometimes abandoning the recitation of Sura of Tawheed.This narration and the other narrations in this regard which order for discriminating Sura of Tawheed are taken as reservation since most companions' deeds are in contradiction to them.Their opposition indicates their disclaimer of this narration'' (Ameli, 1996, p. 302).
The author of Javaher believes in the necessity of reciting Sura of Tawheed after Sura of Fatiha according to the practical Sire of the Holy Prophet (PBUH), Imam Ali (AS) and Imam Reza (AS) (Najafi, 1983, p. 333).
Abu Jafar Ameli says: ''This narration is supposed to reservation, not authority'' (Ameli, Abu Jafar, 1998, p. 149).Some of the grand jurisprudents have commented on the narration by Soleiman-Ibn-e-Abu-Abdollah as the following: Majlesi says: ''This narration seems to have been changed.It may be narrated by Soleiman-Ibn-e-Abdollah-Ibn-e-Hassan and Abdollah may be the person who was asked.Polygraphs may have added the prefix ''Abi''.In both narrations, the aim of training may have been training for giving permit to partly recite Sura of Tawheed or not to recite it at all.Most jurisprudents have perceived this narration like this.Or, the aim of training may have been training for reservation as claimed by Sheikh in Tahzib.Sheikh's claim is notable since this case is not the case of reservation and saying prayers in the form of reservation in any case other than reservation is unlikely, unless it is claimed that saying prayers is based on non-incumbency of reciting the whole Sura of Tawheed and Imams' (AS) training as reservation is abandoning reservation and partly reciting Sura of Tawheed or the prayers are taken as recommended which can be said in congregational prayers or the prayers are sign prayers.Therefore, given all mentioned, recitation of the whole Sura of Tawheed is of absolute non-incumbency'' (Majlesi, 1983, p. 28).

Quality of Reasoning the Holy Prophet (PBUH) and Imams' (AS) Deeds
It has been said that the Holy Prophet (PBUH) and Imams' (AS) deeds, like their words, are the second source of inferring religious orders after the Holy Quran.Discovering the way grand jurisprudents use and reason such deeds in order to prove their claims requires a discussion and investigation on the quality of grand jurisprudents' reasoning concerning the Holy Prophet (PBUH) and Imams' (AS) deeds.

Type of Reasoning as a Support for Reason
In some cases, jurisprudents have used the practical Sire of the Holy Prophet (PBUH) and Imams (AS) as a support to prove a religious order or subject.In other words, they have based the main reasons for proving an order on verses and narrations and referred to the practical Sire as a support.
In the discussion of three-stage stoning the devil in Hajj rituals, Ibne Edris says: Three-stage stoning the devil for three days is necessary.The reason for this incumbency is constant news.The Holy Prophet (PBUH) and Imams' (AS) deeds are implied to this discussion (Ibn-e-Edris Helli, 1989, p. 607).
With regards to females' marriage, Mohammad Baqer Behbahani says: Although silence cannot be the sign of agreement and it is not allowed in religion to consider silence as the sign of agreement, in a certain case such as females' marriage, due to girls' modesty, it is allowed to consider silence as the sign of agreement.The reason for such permit to consider silence as the sign of agreement is the Holy Prophet's (PBUH) deed in the story of Imam Ali (AS) and Hazrat Fatemeh Zahra's (SA) marriage.
When the Holy Prophet (BPUH) shared Imam Ali's (AS) proposal for marriage with his daughter Hazrat Fatemeh Zahra (SA), she remained silent; thus, the Holy Prophet (PBUH) considered her silence as the sign of agreement and married Imam Ali (AS) and Hazrat Fatemeh Zahra (SA) (Behbahani, 2005, p. 566).

Discussion and Conclusion
There are four foundations in Imami jurisprudence used for inferring and deriving religious orders.These four foundations include: the Holy Quran, Sire, consensus and wisdom which are known as ''the four reasons''.
The practical Sire of the Holy Prophet (PBUH) and Imams (AS) is the subset of ''Sire'' and has no difference from the verbal Sire of the Holy Prophet (PBUH) and Imams (AS) in terms of reasonability.
Religious orders which are inferred from the four reasons are divided to five parts: necessary, unlawful, abominable, recommended and permissible.
Shiite jurisprudents believe that only the authentic hadith is reliable.It means that the narrator of the hadith must be Shiite, just or at least someone honest and trusted.
It is also believed that the practical Sire of the Holy Prophet (PBUH) and Imams (AS), like their words, is the base for inferring from religious orders.
The implacability to the Holy Prophet (PBUH) and Imams' (AS) words is higher than the reasonability of their deeds; as in words, there is higher potential to use words, phrases and certain parts of speech which thoroughly imply to the purpose and more evidently express the order.However, as far as deeds are concerned, if the deed is practiced by the Holy Prophet (PBUH) and Imams (AS), the implication is that the deed is permissible and allowed to be done, but it does not indicate the incumbency or recommendation of the deed.However, if the deed is not practiced by the Holy Prophet (PBUH) and Imams (AS), the implication is that the deed is not at least necessary, but there is no implication to the unlawfulness or abomination of the deed unless there is another reason or sign to indicate that the deed is necessary, recommended, unlawful or abominable.
There is no doubt that the deed, as belonging to the Holy Prophet (PBUH) and Imams (AS), is at least implied to the permissibility of the deed.However, the abandoned deed has the implication that the deed is not necessary.The implication of the deed to permissibility or non-incumbency, if the innocence is proved for the Holy Prophet (PBUH) and Imams (AS), is undoubtedly correct.
The implication of the deed to what is higher than permissibility or non-incumbency, if the deed is accompanied by indication, means the Holy Prophet (PBUH) and Imams (AS) are expressing an order of orders or worship.Such being the case, based on the existing indication, the deed indicates that it is necessary or recommended.
As far as evidence and implication are concerned, the narrations expressing the practical Sire of the Holy Prophet (PBUH) and Imams (AS) are not different from those expressing their verbal Sire.
Types of the Holy Prophet (PBUH) and Imams' (AS) practical Sire convey recommendation, incumbency, etc as their verbal Sire does.In cases where the Sire is in contradiction to the foundations of Shia jurisprudence, it is investigated in different aspects and sometimes taken as reservation.