A clarification of questions : an unabridged translation of Resaleh towzih al-masael

Or, why academia matters

Here is what Azim Nanjim, who was with Oklahoma State University at the time before moving to the University of Florida, says in the Journal of the American Academy of Religion,

Except for a scholarly Foreword by Michael Fischer and Mehdi Abedi, which sets the work in context, there are major problems with the translation. It lacks all the necessary elements of scholarly apparatus, in particular a proper definition and explanation of technical and juristic terms. The attempted Glossary is totally inadequate and organized haphazardly with no regard for the order of Arabic and Persian terms. The translation itself contains many errors and is very misleading in places. The work as a whole could have done with considerable editing. As it stands, the translation is a case of lost labor.
[emphasis added]

Hamid Algar in the Department of Near Eastern Languages at the University of California, continues the shredding in the International Journal of Middle East Studies,

To the turgid flood of books generated by the Islamic Revolution of Iran has now been added a complete but crude translation of Imam Khomeini’s compendium of legal rulings, Tauzih al-masd’il…
the translation of Tauzih al-masdail could have been a worthwhile project if executed properly.

The translator, J. Borujerdi, defends his work against anticipated criticism by saying that “a literal approach was deemed more likely to preserve the intent and content of the original” (p. xxx), but it would be misleading to characterize his version as a literal rendering. Borujerdi’s method has been to substitute mechanically English words for Persian ones with very little regard for meaning. Some of the results are that the Persian namdz guzdrdan or namdz khwdndan (to perform or recite a prayer) has been translated throughout as “laying a prayer,” a meaningless expression; that sigha (a woman married for a contractually specified period) has been rendered as “formula,” so that zani ki sigha mishavad is translated as “a woman who becomes a formula” (p. 319); and that hadas (a bodily function or state rendering ablution necessary) is rendered as “mishap” (p. 425). In several cases, the English word chosen reflects a misunderstanding of the original; thus the form of divorce involving renunciation by the wife of her dowry (khul) has been translated as “the dethroning divorce” (p. 334), an absurdity clearly inspired by a confusion between khul and khal (the deposition of a ruler). In other cases, the English word used is lexically correct but fails to convey the technical meaning of the Persian. One example of this is the rendering of shikasta namaz khwdndan (to abbreviate the prayer in specified circumstances) as “laying the prayers brokenly” (p. 187), a grotesque expression sure to baffle the reader. “Imitation” (p. 200) is a marginally defensible translation of iqtidd (following an imam in prayer), but unless expanded and clarified in English translation it is contextually meaningless. Makruh could be legitimately translated, in some contexts, as “abominable” and “loathsome,” the words chosen by Borujerdi (see p. xxxi; why he has not settled on one of the two words for consistent use throughout the work is unclear). However, in the terminology of fiqh, makruh designates something disapproved of and best left undone, although not forbidden; the word does not convey the sense of moral or aesthetic disgust that accompanies “abominable” and “loathsome.” Moreover, both English words imply a higher degree of distaste than does “unlawful,” the word Borujerdi uses for haram, whereas an act that is makruh is, of course, less reprehensible than one that is haram. Some of the foregoing might, of course, be ascribed to difficulties experienced by Borujerdi in the manipulation of English, but his translation also provides evidence for other kinds of disability. He seems to imagine that the Qur’an has a Sura entitled “Yes” (see p. 72), for this is how he renders Surat Yasin, evidently unaware that the name of the Sura is always written Y-S in the Arabic script.

[Even the most rudimentary Western scholar, or any elementary school student (not even high school) in many parts of the world, would know this]

…In sum, this is a book that only those with an avid and undiscriminating appetite for literature on Iran will wish to acquire.
[emphasis added]

Editors of Canada’s national news magazine, did you not bother to read this?

If you did, it seems like you failed to challenge your star author on why he dropped out of his Farsi class in high school.

9 Comments on "A clarification of questions : an unabridged translation of Resaleh towzih al-masael"

  1. Ow, that must have hurt.

    What I like best is you kept it simple, without all the distracting rambling Steyn engages in.

    What else you guys have hidden up your sleeves?

  2. I did some research on Hamid Algar, who would appear to be a purveyor of hate – but that does not seem to bother you so long as he defends his idol Khommeini.
    As someone with an LLM I am appalled.


    Law is Cool: It has nothing to do with his ability to translate Farsi in a peer-reviewed journal. You should have learned that much during your LLM.
    The review he provides demonstrates very specific examples of mistranslations.

    Steyn, on the other hand, can’t find anyone endorsing either the translation or his quote in a peer-reviewed journal.

  3. I did not learn Farsi in my LLM. Neither did you. That is a stupid non sequitor. I used “appear” just to be polite.
    Your inconsistency is astounding


    Law is Cool: For the purposes of addressing the accuracy of the quote and translation in question, extraneous issues should be ignored.

    Squirming out of a tight situation is usually what Steyn does best. Stick to the issue please, or we’ll will cease approving your comments along with the other Steynians.

  4. Fellow namesake,

    Why the hell does it matter if as you say Hamid Algar appears to be a purveyor of hate? If that was something worthy of serious consideration Steyn wouldn’t have a leg to stand on.

    As someone with a LLM you should be a little more genuine by accepting factual documentation over uneducated hearsay and scholarship.

    At least admit that there is the tiniest possibility that the book and verses in question may not be accurate and that it is not sound practice to use such a source for such a controversial issue.

  5. Dave H- there is always the tiniest possibility that something is not 100% accurate, but the standard set by Law is Cool is not standard journalistic practice. You do not have to go to the ends of the earth when quotng, otherwise no one would ver publish any book reviews, comments etc. If it ddid not relate to Khomeini I am sure no one would be this exacting
    Having scoured through many journals i can tell you that many make historical inaccuracies- especially the peer reviewed ones

  6. David,

    I take your point. But I don’t think this is an instance where we are allowing for some random standard of error.

    These words of Khomeini in either the Blue or Green Book are obviously in question. I personally find it a little troubling to use references from Khomeini to smear an entire religion, in spite of the legitimacy of the words. Coupled with the very real possibility that these words are inaccurate, using Khomeini to represent the Muslim community is unconscionable.

    Nobody is defending Khomeini, in fact if Steyn would have noted that his quotes are attributable to Khomeini I’m sure this debate would be more of a non-issue. If Steyn wants to castigate Khomeini’s views he should do so; he shouldn’t use him as source representative of the Muslim community.

  7. More than a bit sloppy not to cite the publication date and page references for the reviews of Borujerdi’s book. Wouldn’t go over very well in either class or the court, I bet.
    By the way, how many reviews did you find that you didn’t post.
    Anyway, if anyone is interested and got $20 to spend for it. Be worth reading in its entirety.

    Nanji J
    Journal of the American Academy of Religion 1986; LIV: 370-371

    Couldn’t find Ahmad’s review listed at the IJMES. Maybe someone is more skillful with their search skills. I guess worth a trip to the stacks some day.

    http://journals.cambridge.org/action/displayJournal?jid=MES


    Law is Cool:

    We’re more than willing to help you out.

    Hamid Algar. Reviewed work(s):A Clarification of Questions: An Unabridged Translation of Resaleh Towzih al-Masael by Ayatollah Sayyed Ruhollah Mousavi Khomeini; J. Borujerdi. International Journal of Middle East Studies, Vol. 19, No. 2 (May, 1987), pp. 245-246. Cambridge University Press

    Please do spend the $20 and help support the accredited academics who dedicated years to actually learn Farsi and provide critical assessments (it’s not the native language for either, and both actually studied it formally).

    The answer to your second question is that there is not a single credible academic reviewing the translation (key words) who has endorsed it as accurate in a peer-reviewed journal. We weren’t going to say that until Steyn said something stupid again, but hey, you seem like you actually were making the effort. He’s still scrambling to find the first source we cited, but this is a good teaching exercise in what he should be doing before putting questionable material in print in Canada’s only national news magazine.

  8. Law is Cool: For the purposes of addressing the accuracy of the quote and translation in question, extraneous issues should be ignored.

    Actually, that isn’t correct as a matter of law. When the “extraneous” issue is the witness’s conduct as a “purveyor of hate,” evidence of that conduct is, if properly presented, admissible to impeach his credibility. At least that is the case in US jurisdictions generally, see FRE 608, and as that is a common-law principle of evidence I assume that’s true in the common-law jurisdictions of Canada as well. Do correct me if I’m wrong.

    (Note that I have no idea, and am not taking a position on the question, whether or not Hamid Algar is or is not a “purveyor of hate.” But that is what he’s accused of being in the comment that you responded to, and let’s assume for this purpose that the commenter meant he is an Islamist or an apologist for Khomeinite theocracy.)


    Law is Cool:
    That’s actually an interesting proposition, and we’ll address it simply because this is a law school site intended to illustrate legal principles.
    It would only be applicable to viva voce evidence in a court of law, so that the trier of law can assess the demeanor of the witness as well. Algar is a British convert to Shi’a Islam and presumably at least a sympathizer of Khomeini, but his theological positions have little to with his assessment of the accuracy of a translation, especially in light of the complete absence of any views to the contrary of similar weight. However, his use of the word “turgid” would appear to indicate an at least somewhat critical stance, and his statements elsewhere have explicitly expressed disinterest with the polity in Iran. None of the views identified would serve impeach his credibility for the purposes of translation, especially since the process of peer-review subjects his assessment to further scrutiny.
    Using the best evidence rule (also a common law principle), this would serve our purposes both at law and for academic investigation. And it’s the latter we’re more concerned about. The person discussed enjoys frequent diversions into other subject matters, which is why the initial focus of inquiry is emphasized above.

  9. Thanks for your reply. Actually I submit you’re mistaken that his theological positions have little to with his assessment of the accuracy of a translation; they likely have everything to do with that assessment, and thus are not “extraneous” at all but are directly relevant under FRE 402 and whatever the Canadian analogue is. When a document is in a foreign language and must be translated for use in court, the qualifications and bias of the translator are directly in issue.

    Also I think you have an imperfect understanding of the best evidence rule, which (to summarize, omitting minor exceptions and qualifications) merely prohibits secondary evidence of the contents of a document when the original document is available.


    Law is Cool: Thank you for continuing this, it’s fun.
    If anything, any of his theological positions would only lend credibility to the translation, because he would be better positioned to understand the context and terminology that he cites in his review.

    Algar’s translation is not being used for “court,” or any metaphor of one, because the actual veracity of the review in question is not the issue being tried by a court of public opinion. The lack of editorial scrutiny is, which in part is assessed by the weight afforded by the editors to the qualifications and biases of Steyn’s translator.

    Algar therefore is exactly what can be referred to as secondary evidence, because the original document is not even Steyn’s translation, but Khomeini’s original in Farsi. Again, remember this is would be tendered only for the purposes of demonstrating the lack of editorial scrutiny, given that this was published many years before Steyn wrote his piece. The actual contents of the review are only slightly probative after that.

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