Humans are not liable for
(a) Inadvertent errors AND
(b) Lapses in memory –
This is because both are an unavoidable part of human nature. This should not be taken to extend to carelessness or become habitual.
Similarly, actions which are done
(c) Because of compulsion (like cursing the Imam if ordered by the unjust ruler) OR
(d) Without information about the true state of affairs (like praying Salat in clothes which were Ghasbi or clothes which were Najis etc.) OR
(e) Beyond human capacity (causing irreparable injury) OR
(f) To preserve one’s life (such as eating a Haram animal if there is no other option) –
Will also be overlooked and not result in negative consequences because of God’s mercy. They are not punishable because man is not in total command of himself and has no freedom of choice to act as he deems best in such cases.
(g) There is a difference of opinion as to what رفع of الطيرة (bad omen) means here, some have taken it to mean the lifting of its prohibition [so one can act based on the import of the bad omen], others have taken it to mean the opposite – the lifting of its permissibility [it was allowed for previous Umam] but not this one, others have taken it to mean that it is the effects of bad omen that have been lifted thus they do not affect the people of this Umma, while others take it to mean that the lifting cautions us to ignore the omen and not concern ourselves with it. I say: the lifting of its effects seems more appropriate. Note that the meaning of رفع changes just for this word since for the remaining articles it means lifting of punishment.
This interpretation is further supported by what al-Sadiq says:
علي بن إبراهيم عن أبيه عن عبد الله بن المغيرة عن عمرو بن حريث قال قال أبو عبد الله عليه السلام الطيرة على ما تجعلها ان هونتها تهونت وان شددتها تشددت وإن لم تجعلها شيئا لم تكن شيئا
“The omen is what you make it out to be, if you consider it light it becomes light, if you consider it severe it becomes severe and if you consider it nothing it becomes nothing”.
(h) The jealousy which is not punishable is the type that is not acted upon, it has been lifted from the Umma because of the mercy of Allāh who knows that it is impossible to avoid inklings of jealousy in the heart.
(i) There are two interpretations of التفكر في الوسوسة في الخلق – one is that it refers to pondering over the doubts originating when looking at the creation such as whether all this has a creator or not, this does not incur punishment so long as one is working to to obtain certainty about it and does not verbalize these doubts, another interpretation can be – having ill-thoughts about people and suspecting their intentions and internally discussing their faults, this is again not punishable so long as one does not vocalize this outwardly and spread his contentions. I say: the former is more evident even though the annotator of al-Faqih calls it far-fetched.
