Question: I saw Abu Ja'far al-Thani spitting in the Sacred Mosque between the Yemeni corner and the Black Stone without burying it. What is the response to this objection? Thank you.
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1 Answer
Peace and mercy of Allah be upon you.
This has been mentioned in our sources, which are relied upon by our scholars and jurists, such as the book 'Wasail al-Shi'a' by Sheikh al-Hurr al-Amili, may Allah have mercy on him. He ruled on this matter because the titles in his book represent his opinions. He stated:
There is a chapter on the permissibility of spitting in the mosque, even in the Sacred Mosque, although it is disliked to spit facing the Qibla or to the right. It is recommended to bury the spit if one spits, but it is not obligatory (6384) 1 - Muhammad ibn Ya'qub, from al-Husayn ibn Muhammad, from Abdullah ibn Amir, from Ali ibn Mahziyar, who said: I saw Abu Ja'far al-Thani (peace be upon him) spitting in the Sacred Mosque between the Yemeni corner and the Black Stone, and he did not bury it.
There is a discussion among jurists regarding this, but it is clear that it is not forbidden due to the action of the Imam (peace be upon him). It has been established in the principles of jurisprudence that the sayings, actions, and approvals of the Imam are authoritative. If the Imam performs an action, it is certainly not forbidden; otherwise, he would not be infallible, and it has been conclusively proven that he is infallible.
Thus, jurists have mentioned that we can conclude, after examining the evidence, that spitting without burying it is disliked, as mentioned by the Sheikh of the Wasail.
This raises the question: Does the Imam perform disliked actions? We say that he may do so to dispel the suspicion of its prohibition, meaning that some people might assume that a certain action is forbidden when, in reality, it is merely disliked. Here, the role of the Imam comes into play to demonstrate to the people that the action is not forbidden.
His action emphasizes the dislike more than his words, and thus it becomes clear that spitting in that place is permissible, even if it is disliked.
There are other jurisprudential solutions mentioned by scholars in their books, which depend on certain terms and premises.
This is if your inquiry is focused on the jurisprudential aspect.
However, if your concern is the social or customary aspect and how the Imam performs such actions, we say that it is not correct to assume that his spitting was done in a repulsive manner that would alienate people, as some do.
Rather, it may have been done in a manner befitting his status, dignity, and wisdom.
May you remain under the care and protection of Allah.
Source:
(1) Wasail al-Shi'a (Ahl al-Bayt) - al-Hurr al-Amili - Vol. 5 - Page 221 and may Allah grant you continued success.