مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤ - FOLLOWING A MUJTAHID
in his book. And if there is a possibility that the judgement has been changedinvestigation in the matter is not necessary.
٧. If the most learned jurist gives a judgement
about some matter his follower cannot act in that matter on the
judgement of another jurist. However if he does notgive a judgement and
says that according to precaution (Ihtiyat) a man should act in such and
such a manner, for example if he says that as a pre- cautionary measure
in thefirst and second Rakat (unit) of the prayers he should read a
complete Chapter (Surah) after the Chapter of "Hamd", the follower may
either act on this pre- caution which iscalled obligatory precaution
(Ihtiyat Wajib) or he may act on the judgement of another jurist whom it
is permissible to follow. Hence, if he (the second jurist)
considersonly "Surah Hamd" to be enough he (the person offering prayers)
may drop the second Surah. The position will also be he same if the
most learned jurist says that the matterneeds deliberation (Tammul) or
is objectionable (Ishkal).
٨. If the most learned jurist observes
precaution after or before giving a judgement about a matter - for
example, if he says that if an impure vessel is washedonce with Kurr
water about ٣٨٨ liters) it become pure, although as precautionary
measure it should be washed thrice, his follower can abandon acting
according to theprecaution. This precaution is called recommended
precaution (Ihtiyat Mustahab)
٩. If a jurist, who is followed by a person,
dies and the follower has committed his judgements to memory, he can act
n them as he acted during his life time.However, if he had not
committed his judgements to memory or has forgotten hem he must refer to
a jurist who is alive.
١٠. If a person commits to memory the judgements
of a jurist about some problems and after the death of that jurist he
follows a Living jurist in that matteraccording to his duty he cannot
act again upon the judgements of the jurist who has passed away.