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Tahrir al-Wasila

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Tahrir al-Wasila, a fatwa book containing a complete course of fiqh by Imam Khomeini; in Arabic.

Two jurisprudential-fatwa works, Al-'Urwat al-Wuthqa by Sayyid Muhammad Kazim Yazdi Tabataba'i and Wasilat al-najat by Sayyid Abu l-Hasan al-Isfahani, due to the multitude of branches and raising common issues, attracted the attention of jurists more than other books, and many commentaries and marginal notes have been written on them.

Tahrir al-Wasila, as Imam Khomeini pointed out, is the result of integrating his marginal notes into the text of Wasilat al-najat and adding other issues and chapters that the book lacked. The compilation of Tahrir al-Wasila began in the place of exile in Turkey and ended in the place of exile in Najaf al-Ashraf.

The comprehensiveness of the book Tahrir al-Wasila and its inclusion of almost all jurisprudential chapters and having political, judicial, and masa'il al-mustahdatha, has placed it in a distinguished position among jurisprudential works and even the written works of Imam Khomeini.

After the transfer of Imam Khomeini's place of exile to Najaf, the first volume of the book Tahrir al-Wasila was first printed and published in 1345 SH / 1966-67 and the second volume in 1347 SH / 1968-69.

So far, more than 150 translations, summaries, commentaries, and marginal notes have been published for this book.

Some of the marginal notes are: Al-Ta'liqat al-istidlaliyya 'ala Tahrir al-wasila; Abu Talib Tajlil Tabrizi; Al-Ta'liqat al-istidlaliyya 'ala Tahrir al-wasila; 'Ali Mishkini; 10 vols. and Al-Ta'liqa 'ala Tahrir al-wasila; Yusuf Sani'i.

Some of the commentaries are: Mustanad Tahrir al-wasila; Sayyid Mustafa Khomeini; 2 vols.; Tafsil al-shari'a fi sharh Tahrir al-wasila; Muhammad Fadil Lankarani; 28 vols.; Fiqh al-thaqalayn fi sharh Tahrir al-wasila; Yusuf Sani'i; 5 vols.; Anwar al-faqaha fi ahkam al-'itrat al-tahira (a); Nasir Makarim Shirazi; 6 vols. and Mishkat al-shari'a fi sharh Tahrir al-wasila; Sayyid Diya' Murtadawi.

Also, Tahrir al-Wasila has been translated into Persian, Urdu, and English languages.

Introduction

In the history of fatwa jurisprudence, some works such as Shara'i' al-Islam by Muhaqqiq al-Hilli (602-676 AH/1205-1277 CE), Qawa'id al-ahkam by Allama al-Hilli (647-726 AH/1250-1325 CE) and Al-Lum'at al-Dimashqiyya by al-Shahid al-Awwal Muhammad b. Makki (734-786 AH/1334-1385 CE) have received special attention from jurists due to their comprehensiveness, and among the works of the later scholars, two jurisprudential-fatwa works, Al-'Urwat al-Wuthqa by Sayyid Muhammad Kazim Yazdi Tabataba'i (1248-1337 AH/1832-1919 CE) and Wasilat al-najat by Sayyid Abu l-Hasan al-Isfahani (1284-1365 AH/1867-1946 CE) due to the multitude of branches and raising common issues, have attracted the attention of jurists more than other books, and many commentaries and marginal notes have been written on them.
Wasilat al-najat, which is a practical treatise (risala 'amaliyya) including the rulings of 'ibadat and transactions, and has been translated into Persian under the name Sirat al-najat,[1] has dozens of marginal notes and commentaries written on it, and one of them is the marginal note of Imam Khomeini. Imam Khomeini wrote his marginal note on Wasilat al-najat for seven years, from 1365-1372 AH (1946-1953 CE).[2] (See also: Ta'liqa 'ala Wasilat al-najat).
Tahrir al-Wasila, as Imam Khomeini pointed out, is the result of integrating these marginal notes into the text of Wasilat al-najat and adding other issues and chapters that the book lacked.[3] The compilation of Tahrir al-Wasila began in the place of exile in Turkey and ended in the place of exile in Najaf al-Ashraf.[4]
The phrases of Tahrir al-Wasila are mostly the same phrases and expressions of Wasilat al-najat and the number of issues in the chapters of the two books is also usually the same, and only in cases where the fatwa of Imam Khomeini differed from the fatwa of Sayyid Abu l-Hasan al-Isfahani, the phrases differ from each other.[5]

Additions of Tahrir al-Wasila compared to Wasilat al-najat

Tahrir al-Wasila has many additions compared to Wasilat al-najat; Imam Khomeini, in addition to adding the books of Hajj, al-amr bi l-ma'ruf wa l-nahy 'an al-munkar, qada', shahadat, hudud, qisas, and diyat, mentioned the issues of defense separately and the issue of wilayat al-faqih under thirteen issues in the book of enjoining the good and forbidding the evil. He also brought the rulings of Friday prayer in the book of prayer. The author of Wasilat al-najat, within the discussions of prayer, entered the discussion of qada prayer after the sajdat al-sahw; but Imam Khomeini in Tahrir al-Wasila before entering it, brought forty issues from the miscellaneous issues related to prayer under the title "Khitam fih masa'il mutafarriqa";[6] just as in the chapter of recommended prayers, he mentioned salat al-istisqa', Prayer of Ja'far al-Tayyar, Ghafila prayer, and Laylat al-Dafn prayer and did not bring the rest;[7] of course, issues such as salat al-haja,[8] things in which zakat is mustahabb,[9] the etiquettes of eating and drinking[10] and marriage with a concubine,[11] are not mentioned in Tahrir al-Wasila. In addition to the mentioned additions, in the final section of Tahrir al-Wasila under the title of "masa'il al-mustahdatha", the rulings of insurance, promissory notes, key money (sarqufli), banking transactions, artificial insemination, dissection of the human body, sex change, radio and television, and prayer and fasting in air travel and in space are mentioned.[12] A few years after publication, Imam Khomeini, with a renewed ijtihad, changed some of his fatwas - about fifty cases[13] and these changes were inserted in the second edition of the book.[14]

Position and Importance

The comprehensiveness of the book Tahrir al-Wasila and its inclusion of almost all jurisprudential chapters and having political, judicial, and masa'il al-mustahdatha discussions has placed it in a distinguished position among jurisprudential works and even the written works of Imam Khomeini; such that after the Islamic Revolution, it has become the educational text and source of extracting judicial laws in scientific centers, especially in centers for teaching judicial sciences, and some teachers of advanced levels (sutuh-i 'ali) and dars al-kharij of the Islamic seminary have made it the axis of their teaching.[15]

Publication before the Revolution

After the transfer of Imam Khomeini's place of exile to Najaf, the first volume of the book Tahrir al-Wasila was first printed and published in 1345 SH / 1966-67 and the second volume in 1347 SH / 1968-69. Its second edition was done with corrections and changes in Najaf, and since then, numerous publishers have acted to print and publish it. Tahrir al-Wasila has been published in Mawsu'at al-Imam al-Khomeini along with the latest researches in 1392 SH / 2013-14 in volumes 22 and 23.
The State Intelligence and Security Organization (SAVAK), after reports about the printing of Tahrir al-Wasila in Najaf and sending it to Iran, recognized it among the harmful books and ordered its collection.[16] Meanwhile, an incorrect report stated that in this book, in more than 200 pages, the Iranian government was severely attacked![17] And in order to propagate the thoughts of (Imam) Khomeini, it is planned that this book be translated by Husayn Lankarani, Sayyid Mahmud Taliqani, and Mahdi Bazargan[18]; Sayyid Muhammad Rida Sa'idi also, while distributing it, translated and published parts of it, including the part related to wilaya and al-amr bi l-ma'ruf wa l-nahy 'an al-munkar.[19] SAVAK of Tehran also translated parts of the book that express Imam Khomeini's viewpoint regarding the role of scholars in the struggle against bid'a (innovation) and not remaining silent towards evil deeds and preventing the oppression of oppressors, as well as the impermissibility of tullab studying in government schools and receiving government stipends and awqaf and not accepting the administration of religious-government institutions.[20] The mentioned items were all in line with the negative struggle of the scholars and clergy with the Pahlavi regime. In another report, SAVAK considered one of the agents of distributing this book to be Sayyid 'Ali Ghayuri and quoted him saying that some people intend to translate this book into Persian and print it, and then ordered it to be pursued and, if printed, to prevent its distribution.[21]

Publication after the Revolution

The Computer Research Center of Islamic Sciences and The Institute for Compilation and Publication of Imam Khomeini's Works have presented the computer version of this book along with some commentaries, marginal notes, and translations, which has various capabilities including search and dictionary (See also: Softwares about Imam Khomeini). So far, more than 150 translations, summaries, commentaries, and marginal notes of this book have been published[22] which some of them are pointed out:

Translations

  1. Tarjuma-yi Tahrir al-wasila; Sayyid Muhammad Baqir Musawi Hamadani; 4 vols., Qom, Dar al-'Ilm, 1387 SH / 2008-09. This book was proofread and corrected by Sayyid Muhammad Abtahi Kashani;
  2. Tarjuma-yi Tahrir al-wasila; 'Ali Islami and Muhammad Qadizada; 4 vols., Qom, Daftar-i Intisharat-i Islami, 1383 SH / 2004-05. This book was published under the supervision and approval of Muhammad Mu'min Qummi and Sayyid Hasan Tahiri Khorramabadi. The Institute for Compilation and Publication of Imam Khomeini's Works; Qom Office also printed and published this translation in 2 volumes in 1385 SH / 2006-07 after review, correction, and fluent writing;
  3. Urdu translation; Tahrir al-wasila; The Institute for Compilation and Publication of Imam Khomeini's Works; 4 vols., Tehran, 1413 AH / 1370 SH (1991-92);
  4. English translation; Tahrir al-wasila; Sayyid 'Ali Rida Naqawi; 4 vols., Tehran, The Institute for Compilation and Publication of Imam Khomeini's Works, 1386 SH / 2007-08.

Summaries

  1. Zubdat al-ahkam (Arabic); 'Abbas 'Ali 'Amid Zanjani; Qom, Chapkhana-yi Mihr, 1402 AH / 1360 SH (1981-82) (See also: Zubdat al-ahkam (Arabic));
  2. Ma'rifat abwab al-fiqh; Muhsin Faqihi; Qom, Al-Markaz al-'Alami li-l-Dirasat al-Islamiyya, 1383 SH / 2004-05. This book was compiled with the motive of preparing a textbook for familiarizing the seminary students of the Global Center for Islamic Sciences with the generalities of jurisprudential discussions. At the end of each book of Imam Khomeini's books, Tahrir al-Wasila, questions have been extracted from the text for better use by learners;
  3. Tahrir Tahrir al-wasila (Arabic); 'Ali Mishkini; Qom, Dar al-Hadith, 1387 SH / 2008-09.

Marginal Notes

The existing marginal notes can be divided into two categories: fatwa and argumentative (istidlali):

  1. Al-Ta'liqat al-istidlaliyya 'ala Tahrir al-wasila; Abu Talib Tajlil Tabrizi; Tehran, The Institute for Compilation and Publication of Imam Khomeini's Works, 1379 SH / 2000-01. In this marginal note, in addition to expressing the opinion of the annotator, argumentation and mentioning of evidence are also observed;
  2. Al-Ta'liqat al-istidlaliyya 'ala Tahrir al-wasila; 'Ali Mishkini; 10 vols., Qom, Dar al-Hadith, 1389 SH / 2010-11;
  3. Al-Ta'liqa 'ala Tahrir al-wasila; Yusuf Sani'i; Tehran, 'Uruj, 1384 SH / 2005-06. This book contains the text of Tahrir al-Wasila and the marginal notes. In some cases, the marginal notes are brought in detail and argumentatively;
  4. Al-Ta'liqa 'ala Tahrir al-wasila; Sayyid Muhammad 'Ali 'Alawi Gurgani; Tehran, 'Uruj, 1384 SH / 2005-06;
  5. Al-Ta'liqa 'ala Tahrir al-wasila; Muhammad 'Ali Girami Qummi; Tehran, 'Uruj, 1390 SH / 2011-12. The marginal notes of this book are mostly concise and brief; but in some cases, the marginal notes have come along with argumentation.

Commentaries

Argumentative commentary on scientific books is a common practice in al-hawzat al-'ilmiyya, and jurisprudential books are not exempt from this common method. The commentary on scientific texts is either mixed (mazji) or unmixed; like Jawahir al-kalam which is a mixed commentary on Shara'i' al-Islam and Jami' al-maqasid is an unmixed commentary on Qawa'id al-ahkam. Tahrir al-Wasila has also been explained and clarified by several mujtahids and jurists; most of these commentaries are unmixed. Some of the commentaries on Tahrir al-Wasila are:

  1. Mustanad Tahrir al-wasila; Sayyid Mustafa Khomeini; 2 vols., Tehran, The Institute for Compilation and Publication of Imam Khomeini's Works, 1376 SH / 1997-98. The author in this book, in addition to explaining the documentary evidence of Imam Khomeini's theories and referring to other sayings on the issue, has also expressed his own opinion. Its first volume is from the discussion of tahara to makasib and the second volume is from the discussion of bay' to nikah. This work was published on the occasion of the twentieth anniversary of the passing of Sayyid Mustafa Khomeini;
  2. Tafsil al-shari'a fi sharh Tahrir al-wasila; Muhammad Fadil Muwahhidi Lankarani; 28 vols., Qom, The Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH / 2011-12. The first volume of this work was written before the victory of the Islamic Revolution on the 25th of Rabi' al-Awwal 1394 AH (April 19, 1974) and ten years after the compilation of Tahrir al-Wasila. The author compiled the first volumes of this book in the years when the Pahlavi regime had exiled him to the city of Yazd.[23] Researchers of the Fiqhi Center of the Infallible Imams (a) researched the complete course of this book, and in 1390 SH, The Institute for Compilation and Publication of Imam Khomeini's Works published it, and it was unveiled at the "Tahrir al-Wasila Conference";
  3. Mustanad Tahrir al-wasila; Ahmad Mutahhari. The exact date of compilation of the volumes of this work has not come in the book; but it started roughly coinciding with the period of the Islamic Revolution and was completed in the early years after the victory. The volumes related to qada', hudud, qisas, and diyat were translated into Persian by Hashim Nuri in the very first years after the victory of the Islamic Revolution;
  4. Mabani Tahrir al-wasila; Muhammad Mu'min Qummi; 3 vols., Tehran, 'Uruj, 1380-1390 SH. This book includes the books of qada', shahadat, and hudud of Tahrir al-Wasila;
  5. Sharh Tahrir Wasilat al-najat; Ahmad Sibt al-Shaykh Ansari; Qom, Firuzabadi, 1412 AH / 1991-92. This book includes discussions of ijtihad and taqlid and part of the issues of tahara;
  6. Dalil Tahrir al-wasila; 'Ali Akbar Sayfi Mazandarani; Tehran, The Institute for Compilation and Publication of Imam Khomeini's Works, 1375 SH onwards. Up to 1392 SH, fifteen volumes of this book have been published with this same title;
  7. Misbah al-shari'a; 'Abd al-Nabi Namazi; Tehran, The Institute for Compilation and Publication of Imam Khomeini's Works, 1375 SH. This work has been published in four volumes including the books of ijtihad and taqlid, khums, sawm, and the chapter of the traveler's prayer;
  8. Fiqh al-thaqalayn fi sharh Tahrir al-wasila; Yusuf Sani'i; 5 vols., Tehran, The Institute for Compilation and Publication of Imam Khomeini's Works, 1380-1392 SH. One volume of "Kitab al-Qisas", two volumes of "Kitab al-Irth" and one volume of "Kitab al-Makasib" were written by the pen of the commentator, and one volume, "Kitab al-Talaq", is according to the dictation of Sayyid Diya' Murtadawi;
  9. Madarik Tahrir al-wasila; Murtada Bani Fadl; 5 vols., Tehran, 'Uruj. This work includes the commentary of the books of al-Salat in three volumes, al-Sawm in one volume, and al-Zakat and al-Khums in one volume;
  10. Tahrir al-Tahrir; Sayyid 'Ali Husayni Ishkawari; Tehran, Research Institute of Imam Khomeini and the Islamic Revolution, 1380 SH. This two-volume work is a mixed commentary of "Kitab al-Qada'" and "Kitab al-Shahadat";
  11. Al-Hajj fi l-shari'at al-Islamiyyat al-gharra'; Ja'far Subhani; 5 vols., Qom, Imam Sadiq (a) Institute, 1382 SH onwards. The first two volumes of this commentary are centered on Al-'Urwat al-Wuthqa. The author has pursued part of his dars al-kharij of fiqh and following it his compilations of argumentative fiqh centering around Tahrir al-Wasila. The author, based on the style of Imam Khomeini's book, Tahrir al-Wasila, has also compiled three other volumes in the chapters of hudud, qisas, and diyat;
  12. Kawsar-i fiqh; 'Ali Muhammadi Khorasani; Tehran, The Institute for Compilation and Publication of Imam Khomeini's Works, 1388 SH. This work is a Persian commentary on the section of "Makasib Muharrama and Bay'" of Tahrir al-Wasila, six volumes of which have been published up to 1394 SH;
  13. Miftah al-shari'a fi sharh Tahrir al-wasila; Sayyid Husayn Musawi Tabrizi; Tehran, 2 vols., The Institute for Compilation and Publication of Imam Khomeini's Works, 1383 SH;
  14. Anwar al-faqaha fi ahkam al-'itrat al-tahira (a); Nasir Makarim Shirazi; 6 vols., Qom, Madrasat al-Imam 'Ali b. Abi Talib (a), 1386-1392 SH. Three volumes of this collection are the commentary of "Kitab al-Nikah" and three volumes are the commentary of "Kitab al-Hudud";
  15. Al-Nur al-mubin fi sharh al-Tahrir wa Minhaj al-salihin; Sayyid Nur al-Din Shari'atmadari Jaza'iri; Qom, Dar al-Kitab, 1381 SH. Shari'atmadari has commented on the books of ijtihad and taqlid, hajj, qada', shahadat, hudud, qisas, diyat, and masa'il al-mustahdatha from Tahrir al-Wasila and the other chapters from Minhaj al-salihin;
  16. Mustanad Tahrir al-wasila; A group of researchers (Muhammad Kazim Rahman Sitayish, Sayf Allah Sarrami, Sayyid Ahmad Husayni, Ahmad Mablaghi, and Kazim Qadizada); Tehran, The Institute for Compilation and Publication of Imam Khomeini's Works, 1386 SH. The authors of this work have proceeded to comment on part of the book "Al-Ijithad wa l-Taqlid" of Tahrir al-Wasila;
  17. Bayan Tahrir al-wasila; Zayn al-'Abidin Ahmadi Zanjani; Tehran, 'Uruj, 1387 SH. One volume of it - commentary on Kitab al-Hajj - has been published;
  18. Mu'tamad Tahrir al-wasila; 'Abbas Zahiri; Tehran, The Institute for Compilation and Publication of Imam Khomeini's Works, 1382 SH onwards. So far, five volumes of it have been compiled and published. Three volumes of it are the commentary on masa'il al-mustahdatha and two volumes of it are the commentary on "Kitab al-Mudaraba";
  19. A'in-i kayfari-yi Islam; Muhammad Fadil Lankarani; 3 vols., Qom, Fiqhi Center of the Infallible Imams (a), 1390 SH. This work is a translation of Fadil Lankarani's lectures centering on Kitab al-Hudud, which he wrote in Arabic, and Akbar Turabi has translated it into Persian;
  20. Taqrir al-haqiqa fi sharh Tahrir al-wasila; 2 vols., Ahmad Bihishti; Tehran, The Institute for Compilation and Publication of Imam Khomeini's Works. This book is a commentary on the chapters of mawarith and nikah;
  21. Mishkat al-shari'a fi sharh Tahrir al-wasila; Sayyid Diya' Murtadawi; Tehran, 'Uruj, 1392 SH. Up to 1397 SH, the first volume of the commentary of "Kitab al-Hajj" of this work has been published;
  22. Miftah al-hidaya fi sharh Tahrir al-wasila; Murtada Muqtada'i; Tehran, 'Uruj, 1383 SH. This work is a commentary on "Kitab al-Qada'";
  23. Taqrir al-shari'a fi sharh Tahrir al-wasila; 4 vols., Sayyid 'Ali Muhaqqiq Damad; Tehran, The Institute for Compilation and Publication of Imam Khomeini's Works, 1397 SH. This book is a commentary on "Kitab al-Hajj".

It is worth mentioning that the Tahrir al-Wasila Conference was held in 1391 SH with the aim of honoring the commentators and annotators of the book Tahrir al-Wasila and reviving the role of this book in the contemporary period, and the 28-volume book of Tafsil al-shari'a published by The Institute for Compilation and Publication of Imam Khomeini's Works was unveiled (See also: Conferences). Also, the "Harim-i Imam" magazine published a special issue with the same title in issue 50.

Notes

  1. Aqa Buzurg, Al-Dhari'a, 25/85
  2. Mu'assasat Tanzim, Muqaddima-yi Wasilat al-najat, 7
  3. Imam Khomeini, Tahrir al-Wasila, 1/6
  4. Fadil Lankarani, Tafsil al-shari'a, Muqaddima, 1/7
  5. For example ← Isfahani, Wasilat al-najat, 1/3 and 8; Imam Khomeini, Tahrir al-Wasila, 1/7 and 16
  6. Imam Khomeini, Wasilat al-najat ma' ta'aliq, 1/203-210
  7. Imam Khomeini, Wasilat al-najat ma' ta'aliq, 1/230
  8. Isfahani, Wasilat al-najat, 1/139
  9. Isfahani, Wasilat al-najat, 1/195
  10. Isfahani, Wasilat al-najat, 2/247
  11. Isfahani, Wasilat al-najat, 2/340
  12. Imam Khomeini, Wasilat al-najat ma' ta'aliq, 2/578-610
  13. For example ← Imam Khomeini, Wasilat al-najat ma' ta'aliq, 1/27, 47, 345 and 2/151, 261, 581
  14. Matin, Majalla, 298
  15. Puya, Kitab-shinasi-yi Tahrir al-wasila, 11-12
  16. ← Mu'assasat Tanzim, Sayr-i mubarazat, vol. 11, 13, 14 and 15
  17. Mu'assasat Tanzim, Sayr-i mubarazat, 11/29-30, 302-303 and 387
  18. Mu'assasat Tanzim, Sayr-i mubarazat, 11/387
  19. Mu'assasat Tanzim, Sayr-i mubarazat, 11/21-23, 302-303, 307 and 360-361
  20. Mu'assasat Tanzim, Sayr-i mubarazat, 11/307-310
  21. Mu'assasat Tanzim, Sayr-i mubarazat, 11/30 and 313-315
  22. ← Puya, Kitab-shinasi-yi Tahrir al-wasila, 12
  23. Fadil Lankarani, Tafsil al-shari'a, Muqaddima, 1/7

References

  • Aqa Buzurg Tihrani, Muhammad Muhsin, Al-Dhari'a ila tasanif al-Shi'a, Beirut, Dar al-Adwa', third printing, 1403 AH.
  • Isfahani, Sayyid Abu l-Hasan, Wasilat al-najat, Najaf, Al-Matba'at al-'Ilmiyya, eighth printing, 1364 AH.
  • Imam Khomeini, Sayyid Ruhullah, Tahrir al-Wasila, Tehran, Mu'assasat Tanzim wa Nashr-i Athar-i Imam Khomeini, first printing, 1379 SH.
  • Imam Khomeini, Sayyid Ruhullah, Wasilat al-najat ma' ta'aliq al-Imam al-Khomeini, Tehran, Mu'assasat Tanzim ..., first printing, 1380 SH.
  • Puya, Hasan, Kitab-shinasi-yi Tahrir al-wasila, Qom, Mu'assasat Tanzim ..., first printing, 1391 SH.
  • Fadil Lankarani, Muhammad, Tafsil al-shari'a fi sharh Tahrir al-wasila, Kitab al-Ijtihad wa l-Taqlid, Qom, Daftar-i Intisharat-i Islami, second printing, 1414 AH.
  • Mu'assasat Tanzim wa Nashr-i Athar-i Imam Khomeini, Sayr-i mubarazat-i Imam Khomeini dar ayina-yi asnad bi riwayat-i SAVAK, Tehran, first printing, 1386 SH.
  • Mu'assasat Tanzim wa Nashr-i Athar-i Imam Khomeini, Muqaddima-yi kitab-i Wasilat al-najat ma' ta'aliq al-Imam al-Khomeini, ta'lif-i Imam Khomeini, Tehran, first printing, 1380 SH.
  • Matin, Majalla, Ashnayi ba Daftar-i Mu'assasat Tanzim wa Nashr-i Athar-i Imam Khomeini dar Qom, issue 2, 1378 SH.