A girl who follows Ayatollah Khamenei was practicing masturbation while unaware of its prohibition. After learning about the prohibition and the invalidation of prayer while in a state of janabah, she did not know that fasting is also invalidated in this state. Upon learning about the invalidation of prayer, she found a fatwa from Ayatollah Sistani stating that if she performed a legal ghusl after masturbation, whether obligatory or recommended like the ghusl of Friday, her actions would be valid. She followed this fatwa as she was performing a legal ghusl after practicing masturbation, such as the ghusl of menstruation or Friday. However, she did not perform the ghusl of janabah, thinking she had purified herself because she performed a legal ghusl after her practice and was unaware that Ayatollah Khamenei believes that the only ghusl that suffices for wudu is the ghusl of janabah. The question is whether her prayers, fasting, and pilgrimage are valid since she was following Ayatollah Sistani's fatwa. What is the ruling if she decides to switch from following Ayatollah Khamenei to Ayatollah Sistani?
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1 Answer
Peace be upon you.
Ayatollah Khamenei:
First: The issue is not that the ghusl of menstruation or other ghusls other than the ghusl of janabah do not suffice for wudu, but the problem is that if one is required to perform more than one ghusl, as in your case where you needed both the ghusl of janabah and the ghusl of menstruation, it is not sufficient to intend only the ghusl of menstruation. You must intend to perform the ghusl for all obligations; otherwise, if you only intend the ghusl of menstruation, the state of janabah remains, and the issue is that you remained in a state of janabah, not due to the ghusl of menstruation not sufficing for wudu.
Second: Regarding switching from one living marja' to another living marja', it is obligatory to avoid switching from one living jurist to another unless the second is more knowledgeable or potentially more knowledgeable.
Third: Yes, since this fatwa that the ghusl with the intention of menstruation does not lift janabah is based on obligatory caution, you may refer to another marja' while considering the more knowledgeable first, and your past prayers will be valid.
Source: Educational Message, Purity, Ghusl (2), Rules of Ghusl + Fiqh of the Guardian: Rules of Ijtihad, No. 5
Ayatollah Sistani:
First: The reason for the validity of your actions and your ghusl is not that the ghusl of menstruation or the recommended ghusl suffices for wudu, but the reason is that if one is required to perform more than one ghusl, such as for menstruation and janabah, and performs, for example, the ghusl of Friday, this ghusl lifts both menstruation and janabah even without intending them.
Second: Regarding switching from one living marja' to another living marja', it is not permissible to switch from one marja' to another unless the second is more knowledgeable. If they are equal, the individual has the choice to follow either of them unless there is a case of certain knowledge of obligation, in which case it is obligatory to combine, such as if one of them rules that shortening is obligatory and the other rules that completion is obligatory, leading to knowledge of the obligation of one of them, or if one rules that a transaction is valid and the other rules that it is invalid, leading to knowledge of the prohibition of acting on one of the two items.
Third: In matters based on caution at the marja', it is permissible for the follower to refer to other jurists while considering the more knowledgeable first, and thus their previous prayers are valid.
Source: Minhaj al-Salihin, Vol. 1, Recommended Ghusls of Janabah and Some Rules of Ghusls, M 210 + Official Website + Minhaj al-Salihin, Vol. 1, Types of Caution
May you be successful in all good.