29. these days of giving that precede the season of
restraint # 16
Bahá'u'lláh enjoined upon His followers to devote
these days to feasting, rejoicing and charity. In a
letter written on Shoghi Effendi's behalf it is
explained that "the intercalary days are specially
set aside for hospitality, the giving of gifts,
etc.".
30. The traveller ... not bound by the Fast # 16
The minimum duration of a journey which exempts the
believer from fasting is defined by Bahá'u'lláh (Q and
A 22 and
75). The details of this provision are
summarized in the Synopsis and Codification, section
IV.B.5.a.i.-v. Shoghi Effendi has clarified that while
travellers are exempt from fasting, they are free to
fast if they so wish. He also indicated that the
exemption applies during the whole period of one's
travel, not just the hours one is in a train or car,
etc.
31. The traveller, the ailing, those who are with child
or giving suck, are not bound by the Fast; they have
been exempted by God as a token of His grace. # 16
Exemption from fasting is granted to those who are ill
or of advanced age (see note 14), women in their courses
(see note 20), travellers (see note 30) and to women who
are pregnant and those who are nursing. This exemption
is also extended to people who are engaged in heavy
labour, who, at the same time, are advised "to show
respect to the law of God and for the exalted station of
the Fast" by eating "with frugality and in
private" (Q and A 76). Shoghi Effendi has indicated
that the types of work which would exempt people from
the Fast will be defined by the Universal House of
Justice.
32. Abstain from food and drink from sunrise to sundown
# 17
This relates to the period of fasting. In one of His
Tablets, Abdu'l-Bahá, after stating that fasting
consists of abstinence from food and drink, further
indicates that smoking is a form of "drink".
In Arabic the verb "drink" applies equally to
smoking.
33. It hath been ordained that every believer in God ...
shall, each day ... repeat "Allah-u-Abha"
ninety-five times. # 18
"Allah-u-Abha" is an Arabic phrase meaning
"God the All-Glorious". It is a form of the
Greatest Name of God (see note 137). In Islam there is a
tradition that among the many names of God, one was the
greatest; however, the identity of this Greatest Name
was hidden. Bahá'u'lláh has confirmed that the
Greatest Name is "Baha". The various
derivatives of the word "Baha" are also
regarded as the Greatest Name. Shoghi Effendi's
secretary writing on his behalf explains that The
Greatest Name is the Name of Bahá'u'lláh. "Ya
Baha'u'l-Abha" is an invocation meaning: "O
Thou Glory of Glories!". "Allah-u-Abha"
is a greeting which means: "God the
All-Glorious". Both refer to Bahá'u'lláh. By
Greatest Name is meant that Bahá'u'lláh has appeared
in God's Greatest Name, in other words, that He is the
supreme Manifestation of God. The greeting
"Allah-u-Abha" was adopted during the period
of Bahá'u'lláh's exile in Adrianople. The repetition
of "Allah-u-Abha" ninety-five times is to be
preceded by the performance of ablutions (see note
34).
34. Perform ye ... ablutions for the Obligatory Prayer #
18
Ablutions are specifically associated with certain
prayers. They must precede the offering of the three
Obligatory Prayers, the daily recitation of
"Allah-u-Abha" ninety-five times, and the
recital of the verse prescribed as an alternative to
obligatory prayer and fasting for women in their courses
(see note 20). The prescribed ablutions consist of
washing the hands and the face in preparation for
prayer. In the case of the medium Obligatory Prayer,
this is accompanied by the recitation of certain verses
(see Some Texts Revealed by Bahá'u'lláh Supplementary
to the Kitáb-i-Aqdas). That ablutions have a
significance beyond washing may be seen from the fact
that even should one have bathed oneself immediately
before reciting the Obligatory Prayer, it would still be
necessary to perform ablutions (Q and A 18). When no
water is available for ablutions, a prescribed verse is
to be repeated five times (see note 16), and this
provision is extended to those for whom the use of water
would be physically harmful (Q and A 51). The detailed
provisions of the law concerning ablutions are set out
in the Synopsis and Codification, section
IV.A.10.a.-g.,
as well as in Questions and Answers numbers
51,
62,
66,
77 and
86.
35. Ye have been forbidden to commit murder # 19
The prohibition against taking another's life is
repeated by Bahá'u'lláh in
paragraph 73 of the Kitáb-i-Aqdas. Penalties are prescribed for
premeditated murder (see note 86). In the case of
manslaughter, it is necessary to pay a specified
indemnity to the family of the deceased (see Kitáb-i-Aqdas, # 188).
36. or adultery # 19
The Arabic word "zina", here translated as
"adultery", signifies both fornication and
adultery. It applies not only to sexual relations
between a married person and someone who is not his or
her spouse, but also to extramarital sexual intercourse
in general. One form of "zina" is rape. The
only penalty prescribed by Bahá'u'lláh is for those
who commit fornication (see note 77); penalties for
other kinds of sexual offence are left to the Universal
House of Justice to determine.
37. backbiting or calumny # 19
Backbiting, slander and dwelling on the faults of others
have been repeatedly condemned by Bahá'u'lláh. In the
Hidden Words, He clearly states: "O Son of Being!
How couldst thou forget thine own faults and busy
thyself with the faults of others? Whoso doeth this is
accursed of Me." And again: "O Son of Man!
Breathe not the sins of others so long as thou art
thyself a sinner. Shouldst thou transgress this command,
accursed wouldst thou be, and to this I bear
witness." This strong admonition is further
reiterated in His last work, "the Book of My
Covenant": "Verily I say, the tongue is for
mentioning what is good, defile it not with unseemly
talk. God hath forgiven what is past. Henceforward
everyone should utter that which is meet and seemly, and
should refrain from slander, abuse and whatever causeth
sadness in men."
38. We have divided inheritance into seven categories #
20
The Bahá'í laws of inheritance apply only in case of
intestacy, that is, when the individual dies without
leaving a will. In the Kitáb-i-Aqdas (# 109), Bahá'u'lláh instructs every believer to write a will.
He elsewhere clearly states that the individual has full
jurisdiction over his property and is free to determine
the manner in which his or her estate is to be divided
and to designate, in the will, those, whether Bahá'í
or non-Bahá'í, who should inherit (Q and A 69). In
this connection, a letter written on behalf of Shoghi
Effendi explains that:
...even though a Bahá'í is permitted in his will to
dispose of his wealth in the way he wishes, yet he is
morally and conscientiously bound to always bear in
mind, while writing his will, the necessity of his
upholding the principle of Bahá'u'lláh regarding the
social function of wealth, and the consequent necessity
of avoiding its over-accumulation and concentration in a
few individuals or groups of individuals.
This verse of the Aqdas introduces a lengthy passage in
which Bahá'u'lláh elaborates the Bahá'í law of
inheritance. In reading this passage one should
bear in mind that the law is formulated with the
presumption that the deceased is a man; its provisions
apply, mutatis mutandis, when the deceased is a
woman.
The system of inheritance which provides for
distribution of the deceased's estate among seven
categories of heirs (children, spouse, father, mother,
brothers, sisters, and teachers) is based on the
provisions set out by the Báb in the Bayan. The major
features of the Bahá'í laws of inheritance in the case
of intestacy are:
1. If the deceased is a father and his estate includes a
personal residence, such residence passes to the eldest
son (Q and A 34).
2. If the deceased has no male descendants, two thirds
of the residence pass to his female descendants and the
remaining third passes to the House of Justice (Q and A
41,
72).
See note 42 concerning the levels of the
institution of the House of Justice to which this law
applies. (See also note 44.)
3. The remainder of the estate is divided among the
seven categories of heirs. For details of the number of
shares to be received by each group, see Questions and
Answers, number 5, and Synopsis and Codification,
section IV.C.3.a.
4. In case there is more than one heir in any category
the share allotted to that class should be divided
between them equally, be they male or female.
5. In cases where there is no issue, the share of the
children reverts to the House of Justice (Q and A
7,
41).
6. Should one leave offspring, but either part or all of
the other categories of heirs be non-existent, two
thirds of their shares revert to the offspring and one
third to the House of Justice (Q and A 7).
7. Should none of the specified categories exist, two
thirds of the estate revert to the nephews and nieces of
the deceased. If these do not exist, the same shares
revert to the aunts and uncles; lacking these, to their
sons and daughters. In any case the remaining third
reverts to the House of Justice.
8. Should one leave none of the aforementioned heirs,
the entire estate reverts to the House of Justice.
9. Bahá'u'lláh states that non-Bahá'ís have no right
to inherit from their Bahá'í parents or relatives (Q
and A 34). Shoghi Effendi in a letter written on his
behalf indicates that this restriction applies
"only to such cases when a Bahá'í dies without
leaving a will and when, therefore, his property will
have to be divided in accordance with the rules set
forth in the Aqdas. Otherwise, a Bahá'í is free to
bequeath his property to any person, irrespective of
religion, provided however he leaves a will, specifying
his wishes." It is always possible, therefore, for
a Bahá'í to provide for his or her non-Bahá'í
partner, children or relatives by leaving a will.
Additional details of the laws of inheritance are
summarized in the Synopsis and Codification, section
IV.C.3.a.-o.
39. to the brothers, five parts ... to the sisters, four
parts # 20
Questions and Answers amplifies the provisions of the
law as it relates to the shares of the inheritance
allocated to the brothers and sisters of the deceased.
If the brother or sister is from the same father as the
deceased, he or she will inherit his or her full
allotted share. If, however, the brother or sister is
from another father he or she will inherit only two
thirds of the allotted share, the remaining one third
reverting to the House of Justice (Q and A 6). Further,
in the case where the deceased has full brothers or full
sisters among his heirs, half-brothers and half-sisters
from the mother's side do not inherit (Q and A 53). The
half-brothers and half-sisters will, of course, be due
to receive inheritance from their own father's
estate.
40. the teachers # 20
In a Tablet, 'Abdu'l-Bahá compares teachers who are
involved with the spiritual education of the child to
the "spiritual father" who "endoweth his
child with everlasting life". He explains that this
is the reason that "teachers are listed among the
heirs" in the "Law of God". Bahá'u'lláh
specifies the conditions under which the teacher
inherits and the share he or she receives (Q and A
33).
41. When We heard the clamour of the children as yet
unborn, We doubled their share and decreased those of
the rest. # 20
In the Báb's laws of inheritance the children of the
deceased were allotted nine parts consisting of 540
shares. This allocation constituted less than a quarter
of the whole estate. Bahá'u'lláh doubled their portion
to 1,080 shares and reduced those allotted to the other
six categories of heirs. He also outlines the precise
intention of this verse and its implications for the
distribution of the inheritance (Q and A 5).
42. the House of Justice # 21
In referring to the House of Justice in the
Kitáb-i-Aqdas, Bahá'u'lláh does not always explicitly
distinguish between the Universal House of Justice and
the Local House of Justice, both of which institutions
are ordained in that Book. He usually refers simply to
"the House of Justice", leaving open for later
clarification the level or levels of the whole
institution to which each law would apply. In a Tablet
enumerating the revenues of the local treasury, 'Abdu'l-Bahá
includes those inheritances for which there are no
heirs, thus indicating that the House of Justice
referred to in these passages of the Aqdas relating to
inheritance is the local one.
43. Should the deceased leave offspring, but none of the
other categories of heirs # 22
Bahá'u'lláh clarifies that "This ruling hath both
general and specific application, which is to say that
whenever any category of this latter class of heirs is
absent, two thirds of their inheritance pass to the
offspring and the remaining third to the House of
Justice" (Q and A 7).
44. We have assigned the residence and personal clothing
of the deceased to the male, not female, offspring, nor
to the other heirs. # 25
In a Tablet, 'Abdu'l-Bahá indicates that the residence
and personal clothing of a deceased man remain in the
male line. They pass to the eldest son and in the
absence of the eldest son, they pass to the
second-eldest son, and so on. He explains that this
provision is an expression of the law of primogeniture,
which has invariably been upheld by the Law of God. In a
Tablet to a follower of the Faith in Persia He wrote:
"In all the Divine Dispensations the eldest son
hath been given extraordinary distinctions. Even the
station of prophethood hath been his birthright."
With the distinctions given to the eldest son, however,
go concomitant duties. For example, he has the moral
responsibility, for the sake of God, to care for his
mother and also to consider the needs of the other
heirs.
Bahá'u'lláh clarifies various aspects of this part of
the law of inheritance. He specifies that if there be
more than one residence, the principal and most
important one passes to the male offspring. The
remaining residences will, together with the other
possessions of the deceased, have to be divided among
the heirs (Q and A 34), and He indicates that in the
absence of male offspring, two thirds of the
principal residence and the personal clothing of the
deceased father will revert to the female issue and one
third to the House of Justice (Q and A 72). Further,
when the deceased is a woman, Bahá'u'lláh states that
all her used clothing is to be equally divided amongst
her daughters. Her unworn clothing, jewels and property
must be divided among her heirs, as well as her used
clothing if she leaves no daughter (Q and A 37).
45. Should the son of the deceased have passed away in
the days of his father and have left children, they will
inherit their father's share # 26
This aspect of the law applies only in the case of the
son who predeceases his father or mother. If the
daughter of the deceased be dead and leave issue, her
share will have to be divided according to the seven
categories specified in the Most Holy Book (Q and A
54).
46. If the deceased should leave children who are under
age, their share of the inheritance must be entrusted to
a reliable individual # 27
The word "amin", translated in this paragraph
as "reliable individual" and
"trustee", conveys in Arabic a wide range of
meanings connected principally with the idea of
trustworthiness, but signifying also such qualities as
reliability, loyalty, faithfulness, uprightness,
honesty, and so forth. Used in legal parlance "amin"
denotes, among other things, a trustee, guarantor,
custodian, guardian, and keeper.
47. Division of the estate should take place only after
the Huququ'lláh hath been paid, any debts have been
settled, the expenses of the funeral and burial defrayed
# 28
Bahá'u'lláh specifies that the order of precedence for
payment of these expenses is first the funeral and
burial expenses, then the debts of the deceased, then
the Huququ'lláh (see note 125) (Q and A
9). He also specifies that when applying the estate to
these, payment must first be made out of the residue of
the estate and then, if this is insufficient, out of the
residence and personal clothing of the deceased (Q and A
80).
48. This is that hidden knowledge which shall never
change, since its beginning is with nine # 29
In the Arabic Bayan the Báb described His inheritance
law as being "in accordance with a hidden knowledge
in the Book of God -- a knowledge that shall never
change or be replaced". He also stated that the
numbers by which the division of the inheritance was
expressed had been invested with a significance intended
to aid in the recognition of Him Whom God will make
manifest.
The "nine" mentioned here is represented in
the Arabic text by the letter "Ta", which is
its equivalent in the abjad notation (see
Glossary). It
is the first element of the Báb's division of
inheritance, where He designates "nine parts"
as the share of the children. The significance of nine
lies in its being the numerical equivalent of the
Greatest Name "Baha", alluded to in the next
part of this verse as "the concealed and manifest,
the inviolable and unapproachably exalted Name".
(See also note 33.)
49. The Lord hath ordained that in every city a House of
Justice be established # 30
The institution of the House of Justice consists of
elected councils which operate at the local, national
and international levels of society. Bahá'u'lláh
ordains both the Universal House of Justice and the
Local Houses of Justice in the Kitáb-i-Aqdas. 'Abdu'l-Bahá,
in His Will and Testament, provides for the Secondary
(National or Regional) Houses of Justice and outlines
the method to be pursued for the election of the
Universal House of Justice. In the verse cited above,
the reference is to the Local House of Justice, an
institution which is to be elected in a locality
whenever there are nine or more resident adult Bahá'ís.
For this purpose, the definition of adult was
temporarily fixed at the age of 21 years by the
Guardian, who indicated it was open to change by the
Universal House of Justice in the future.
Local and Secondary Houses of Justice are, for the
present, known as Local Spiritual Assemblies and
National Spiritual Assemblies. Shoghi Effendi has
indicated that this is a "temporary
appellation" which,
...as the position and aims of the Bahá'í Faith are
better understood and more fully recognized, will
gradually be superseded by the permanent and more
appropriate designation of House of Justice. Not only
will the present-day Spiritual Assemblies be styled
differently in future, but they will be enabled also to
add to their present functions those powers, duties, and
prerogatives necessitated by the recognition of the
Faith of Bahá'u'lláh, not merely as one of the
recognized religious systems of the world, but as the
State Religion of an independent and Sovereign
Power.
50. the number of Baha # 30
The abjad numerical equivalent of "Baha" is
nine. The Universal House of Justice and the National
and Local Spiritual Assemblies currently have nine
members each, the minimum number prescribed by
Bahá'u'lláh.
51. It behoveth them to be the trusted ones of the
Merciful among men # 30
The general powers and duties of the Universal House of
Justice, the National Spiritual Assemblies and the Local
Spiritual Assemblies and the qualifications for
membership are set forth in the Writings of
Bahá'u'lláh and 'Abdu'l-Bahá, in the letters of
Shoghi Effendi, and in the elucidations of the Universal
House of Justice. The major functions of these
institutions are outlined in the Constitution of the
Universal House of Justice, and in those of the National
and Local Spiritual Assemblies.
52. take counsel together # 30
Bahá'u'lláh has established consultation as one of the
fundamental principles of His Faith and has exhorted the
believers to "take counsel together in all
matters". He describes consultation as "the
lamp of guidance which leadeth the way" and as
"the bestower of understanding". Shoghi
Effendi states that the "principle of consultation
... constitutes one of the basic laws" of the
Bahá'í Administrative Order. In Questions and Answers,
number 99, Bahá'u'lláh outlines an approach to
consultation and stresses the importance of achieving
unanimity in decision-making, failing which the majority
decision must prevail. The Universal House of Justice
has clarified that this guidance concerning consultation
was revealed before Spiritual Assemblies had been
established and was in answer to a question about the
Bahá'í teachings on consultation. The House of Justice
affirms that the emergence of Spiritual Assemblies, to
which the friends may always turn for assistance, in no
way prohibits them from following the procedure outlined
in Questions and Answers. This approach may be used by
the friends, should they wish, when they desire to
consult on their personal problems.
53. Build ye houses of worship throughout the lands #
31
The Bahá'í House of Worship is dedicated to the praise
of God. The House of Worship forms the central edifice
of the Mashriqu'l-Adhkar (the Dawning-place of the
Praise of God), a complex which, as it unfolds in the
future, will comprise in addition to the House of
Worship a number of dependencies dedicated to social,
humanitarian, educational, and scientific pursuits. 'Abdu'l-Bahá
describes the Mashriqu'l-Adhkar as
"one of the most vital institutions in the
world", and Shoghi Effendi indicates that it
exemplifies in tangible form the integration of "Bahá'í
worship and service". Anticipating the future
development of this institution, Shoghi Effendi
envisages that the House of Worship and its dependencies
"shall afford relief to the suffering, sustenance
to the poor, shelter to the wayfarer, solace to the
bereaved, and education to the ignorant". In the
future, Bahá'í Houses of Worship will be constructed
in every town and village.
54. The Lord hath ordained that those of you who are
able shall make pilgrimage to the sacred House #
32
Two sacred Houses are covered by this ordinance, the
House of the Báb in Shiraz and the House of
Bahá'u'lláh in Baghdad. Bahá'u'lláh has specified
that pilgrimage to either of these two Houses fulfils
the requirement of this passage (Q and A
25,
29). In two
separate Tablets, known as Suriy-i-Hajj (Q and A 10), Bahá'u'lláh has prescribed specific rites for each of
these pilgrimages. In this sense, the performance of a
pilgrimage is more than simply visiting these two
Houses. After the passing of Bahá'u'lláh, 'Abdu'l-Bahá
designated the Shrine of Bahá'u'lláh at Bahji as a
place of pilgrimage. In a Tablet, He indicates that the
"Most Holy Shrine, the Blessed House in Baghdad and
the venerated House of the Báb in Shiraz" are
"consecrated to pilgrimage", and that it is
"obligatory" to visit these places "if
one can afford it and is able to do so, and if no
obstacle stands in one's way". No rites have been
prescribed for pilgrimage to the Most Holy Shrine.
55. and from this He hath exempted women as a mercy on
His part # 32
In the Bayan, the Báb enjoined the ordinance of
pilgrimage once in a lifetime upon those of His
followers who were financially able to undertake the
journey. He stated that the obligation was not binding
on women in order to spare them the rigours of travel.
Bahá'u'lláh likewise exempts women from His pilgrimage
requirements. The Universal House of Justice has
clarified that this exemption is not a prohibition, and
that women are free to perform the pilgrimage.
56. to engage in some occupation # 33
It is obligatory for men and women to engage in a trade
or profession. Bahá'u'lláh exalts "engagement in
such work" to the "rank of worship" of
God. The spiritual and practical significance of this
law, and the mutual responsibility of the individual and
society for its implementation are explained in a letter
written on behalf of Shoghi Effendi:
With reference to Bahá'u'lláh's command concerning the
engagement of the believers in some sort of profession:
the Teachings are most emphatic on this matter,
particularly the statement in the Aqdas to this effect
which makes it quite clear that idle people who lack the
desire to work can have no place in the new World Order.
As a corollary of this principle, Bahá'u'lláh further
states that mendicity should not only be discouraged but
entirely wiped out from the face of society. It is the
duty of those who are in charge of the organization of
society to give every individual the opportunity of
acquiring the necessary talent in some kind of
profession, and also the means of utilizing such a
talent, both for its own sake and for the sake of
earning the means of his livelihood. Every individual,
no matter how handicapped and limited he may be, is
under the obligation of engaging in some work or
profession, for work, especially when performed in the
spirit of service, is according to Bahá'u'lláh a form
of worship. It has not only a utilitarian purpose, but
has a value in itself, because it draws us nearer to
God, and enables us to better grasp His purpose for us
in this world. It is obvious, therefore, that the
inheritance of wealth cannot make anyone immune from
daily work.
In one of His Tablets, 'Abdu'l-Bahá states that
"if a person is incapable of earning a living, is
stricken by dire poverty or becometh helpless, then it
is incumbent on the wealthy or the Deputies to provide
him with a monthly allowance for his subsistence.... By
'Deputies' is meant the representatives of the people,
that is to say the members of the House of
Justice." (See also
note 162 on mendicancy.)
In response to a question concerning whether
Bahá'u'lláh's injunction requires a wife and mother,
as well as her husband, to work for a livelihood, the
Universal House of Justice has explained that
Bahá'u'lláh's directive is for the friends to be
engaged in an occupation which will profit themselves
and others, and that homemaking is a highly honourable
and responsible work of fundamental importance to
society.
Concerning the retirement from work for individuals who
have reached a certain age, Shoghi Effendi in a letter
written on his behalf stated that "this is a matter
on which the International House of Justice will have to
legislate as there are no provisions in the Aqdas
concerning it".