By: Ayatullah al-Uzma Sayyid Ali Khamene’i
Publisher: Islamic Culture and Relations Organization, Tehran, Iran
The Hajj in Islam, being incumbent upon a mustati, is not obligatory for more than once in the entire lifetime (of an individual).
The obligation of Hajj is immediate for a mustati; i.e. the Hajj should be performed in the first year of istitaah and any delay in it is not permissible. In case of delay, the obligation still remains and it should be performed in the following years.
If after istitaah, Hajj requires preliminaries like travel provisions, these should be arranged for, so that the Hajj could he performed in the very first year (of istitaah) In case of dereliction of the individual such that he could not go on Hajj in that year, the Hajj obligation remains and should be fulfilled later on under any conditions, even if the status of istitaah is lost.
Conditions for the Obligation of Hajj in Islam
Several conditions make the Hajj obligatory, and without all of them the Hajj would not he obligatory.
A And B: Maturity and Sanity
Hajj is not incumbent on the children and the insane.
If a child is made muhrim for Hajj and becomes religiously mature in the process of the pilgrimage, the Hajj would be acceptable as the required Hajj of Islam.
One who thought that he was religiously immature and went on istihbabi Hajj and then realized that he was religiously mature, cannot consider his Hajj as the required Hajj of Islam, unless he had made the niyyah to perform the Hajj, which the Divine Legislator (Allah the Almighty) has decreed for him.
Atonement for hunting rests with the guardian. Other types of atonements obviously do not rest with either the guardian or the child.
In Hajj, the child’s guardian should procure sheep for sacrifice.
C. Having Financial Istitaah, Physical Health and Ability, And Free Access And Sufficient Time
Financial istitaah means having provisions for the Hajj journey and the means of conveyance for it. If the likes of these are not possessed, something such as money or another commodity should be available for possible use to obtain the required provisions. It is a condition that the individual should financially afford his return trip. Other issues related to istitaah will be subsequently explained.
For Hajj to become obligatory, the individual should be able to afford expenses of departure and return. In addition, he should have whatever is imperative for a living and sustenance such as a residence, household appliances, automobile and the like, in accordance with his social standing and honour. In case he lacks these things, he should possess money or anything else with which he could provide them.
One who needs to get married and for whom abstaining from marriage would result in disease or the commitment of sin and forbidden acts, and who needs money for marriage, would become mustati when the marriage expenses are met in addition to the Hajj expenditures.
If one has money owed to him and possesses the rest of the conditions for istitaah, he should receive the amount owed to him if the due time of payment has arrived provided he could obtain it without difficulty. Then he should go on Hajj.
If one who does not afford Hajj obtains a loan to cover its expenses, he will not become mustati, and the Hajj he performs will not be considered the required Hajj of Islam.
One, who can afford Hajj expenses but has debt as well, should go on Hajj if he has time for repayment and he is confident that when repayment time comes he can afford to repay his debt. The same rule applies to a case when repayment time approaches yet the creditor agrees to defer repayment and the debtor is confident that he can repay it at the determined time.
Apart from these two cases, Hajj will not be regarded as obligatory.
If the high expenses of the Hajj do not make the prospective pilgrim unable to afford the pilgrimage, this will not remove the obligation of Hajj, unless such expenses cause distress and difficulty for him.
For those who have extra equipment which they do not require at the moment, and which if sold would cover the Hajj expenses, Hajj is obligatory, provided that they meet all other conditions for the pilgrimage.
If one doubts whether his property is sufficient enough to make him mustati for Hajj, it is obviously necessary for him to study the matter. There is no difference regarding the necessity of study and investigation in this matter between the one who does not know the amount of actual estimate of his property and the one who does not know Hajj expenditures.
One who knows that under the normal conditions and the expenses of Hajj he would not have istitaah but who believes that possibly through study and investigation he could find ways to go on Hajj under his present conditions, does not need to embark on such investigation. But for one who does not know whether or not he has istitaah for Hajj it is obviously obligatory to take proper stock of his present financial conditions.
One who is employed to render services to the pilgrims and who could meantime perform all Hajj rites and could earn his living upon return would be considered as having istitaah for Hajj. Hajj is obligatory for him and he would meet the requirements of the Hajj in Islam, even though it is obligatory for him to be hired.
Among conditions for istitaah, the individual should be able to meet expenses of his family (members of the household which are dependent on him) until his return from Hajj.
In istitaah arising through competence, i.e. upon return from Hajj the person has to engage in trade, agriculture, and industrial activity or have property such as orchards and shops in order not to face distress and difficulty in making his living, if he were able to engage in a business befitting his place and position, it would suffice. If upon return, he could make his living with allowance, it would also suffice.
As a result, Hajj is obligatory for students of theological seminaries who, upon return from Hajj, would require allowances of the theological seminaries and who could make a living with such allowances.
Conditions for the obligation of Hajj is physical ability, as well as openness of the route and availability of time. Therefore, Hajj is not obligatory for a sick person who lacks the physical strength to go on Hajj or who faces great distress and difficulty in doing so. The same applies to a person to whom the route for Hajj is closed or who faces time shortage such that he could not go on Hajj in due time.
If, while having istitaah, a person abstains from going on Hajj, he will be committing a sin and is duty-bound to go on Hajj in any way possible.
The mustati should personally perform Hajj. Deputation of Hajj would not suffice for him, unless for one who cannot perform Hajj due to old age and sickness.
One who is personally mustati cannot become a representative to perform another person’s
Hajj. If such a Hajj on deputation is performed, it will be null and void.
If one who is required to go on Hajj pilgrimage passes away before fulfilling this obligation, his Hajj should be performed with what he has left behind, and a Hajj Miqati will suffice in such a case.
Miscellaneous Issues of Istitaah
A woman, who lacked financial means during her husband’s lifetime, acquires the financial means for Hajj after his death through his inheritance, but since she has an illness that prevents her from going on Hajj she will not be called a mustati and Hajj is not obligatory for her. Likewise, if, after becoming a widow, she does not have a job, farming or industrial occupation with which to earn a living upon return from Hajj, she will not become mustati, even if what she has received as inheritance is enough for her to go on Hajj and return.
A woman whose marriage portion is equal to or more than the Hajj expenses is a mustati for Hajj, provided she can obtain her marriage portion without causing trouble and difficulty (for her husband).
A woman whose marriage portion is sufficient for Hajj and is owed the same by her husband, since he cannot afford to pay it does not have the right to demand the marriage portion and is not mustati.
If a person has a very expensive house and can go on Hajj with the difference earned through selling it and buying a cheaper one, should not sell the house if it is not higher than his status and position. In this case he is not a mustati. If the house is more than his social standing, he is a mustati, provided all other conditions are met.
Those who can meet the expenses of the Hajj journey through business or other means and who upon return can meet a part of their expenses through earnings such as preaching and the remaining part from allowances through legal sources (theological schools) are mustati, even if they need the allowance to meet their expenses upon return from Hajj.
If one sells a piece of land or something else to buy a house, he will not become mustati in case he needs the money to buy a house, even if the money is sufficient to cover the Hajj expenses.
When the due time for Hajj arrives, the mustati cannot dispense with his status of istitaah, and before this time, based on ihtiyat wajib he should not dispense with the status istitaah.
If a person who was hired to go on Hajj on behalf of another person who was not a mustati at the time of concluding the contract but who before the Hajj became a mustati through means other than the sum of the contract, should cancel the contract and perform his own obligation of the Hajj in Islam.
Caravan attendants who arrive in Jeddah would become mustati if, while serving the Hajj pilgrims, they are able to perform all Hajj rites and rituals and meet all other conditions of istitaah, for instance, having actual or potential means of earning a living and being competent for a job or industrial and other ability with which they could earn a proper living upon return. These persons should perform the Hajj in Islam that fulfils their obligation of Hajj. If the caravan attendants do not meet the required conditions, they’re not mustati and their Hajj will be istihbabi, but they should perform the obligatory Hajj, if they later become mustati.
It is incumbent on the physicians and other people who come to miqat on duty and who meet all conditions of istitaah in miqat to perform the Islamic obligation of Hajj, even though it is necessary for them to carry out their duties as well.
One who has financial capability and meets other conditions of istitaah should go on Hajj. Performing other good deeds such as visiting the holy sites or building mosques will not substitute the obligation of going on Hajj.
If, during the obligatory Hajj, the mustati were to make the intention of istihbab due to negligence or on the assumption of not having attained istitaah, or even consciously and willfully with the aim of practice for performing the obligatory Hajj better the following year, there is a degree of doubt for the fulfilment of Hajj unless the intention for the Hajj was according to what has been decreed by the Divine Legislator. On this basis, as a matter of ihtiyat, he should go on Hajj the next year.
If the mustati passes away after putting on the ihram and entering the Sacred Mosque, the Hajj obligation will be removed from him.
If the deceased person was mustati in his lifetime and deliberately delayed the Hajj pilgrimage, Hajj remains due on him and a Hajj Miqati should be performed for him from what he has left.
For one who meets all the conditions of a mustati for Hajj but has not performed it, the obligation of Hajj remains, even if due to old age or an incurable disease it is not possible for that person to go on Hajj in the latter case the person should send a representative to perform Hajj on his behalf.
A wife does not require the permission of her husband to go on obligatory Hajj, and she should perform her obligatory Hajj even if her husband does not approve of her travelling for Hajj.
Family, in case of financial istitaah for which nafaqah is a requisite, refers to a person’s formal family, though it may not be religiously qualified for his maintenance allowance.
Question 1: Suppose a person becomes ill in Madinah (say if he undergoes an apoplexy) and is hospitalised for two weeks by the doctors. If after convalescence, it is difficult to take him to Makkah to perform the Hajj rites, what is his duty?
Answer: If it is the first year of istitaah and the person lacks the strength, even for an emergency case, to carry out the Hajj rites, the status of istitaah will become null and void, and the Hajj will not be obligatory. If, however, it is not the first year of istitaah and the Hajj is already incumbent on him and the person is despaired of regaining health, then a substitute should carry out the rites of Umrah and Tamattu.
Question 2: At present, those who want to perform the Hajj pilgrimage should register their names in advance and make the necessary arrangements. If the turn of a person takes several years to come, and before the coming of the turn that person finds other means of going on Hajj and borrows money and goes to Makkah, will such a pilgrimage be considered the obligatory Hajj of Islam?
Answer: If Hajj has not already become incumbent and the person cannot presently go on Hajj without borrowing money, Hajj is not obligatory for him, and such a pilgrimage cannot be considered the obligatory Hajj of Islam.
Question 3: I went on Hajj by borrowing money and receiving a month’s salary in advance. Since the person who lent the money fully approved of my going on Hajj and did not need his money, would my Hajj be regarded obligatory or not?
Answer: If your financial istitaah met the required conditions, your Hajj will be correct and deemed obligatory, provided that you can easily repay your debt later on. But if you obtained financial istitaah by borrowing money, you have not become mustati, and your Hajj will not be considered the obligatory Hajj of Islam.
Question 4: Based on lots drawn by the Hajj and Pilgrimage Organisation, Allah (SWT) willing, I will be able to go on Hajj in the coming years based on the following conditions:
(a) The entire expenses of the Hajj performed by my spouse and me have been met by khums money.
(b) I am a schoolteacher and lead an ordinary life with continence.
(c) I do not have a house or an automobile of my own. I am a tenant in every city where I work.
(d) I have ordinary housing appliances. In view of these conditions and doubts raised by others about Hajj being obligatory for my spouse, and me would our Hajj meet conditions necessary for obligation?
Answer: As per the conditions cited, if your spouse has enough money to go on Hajj and return, she would be mustati. You would have istitaah only when you have household appliances for yourself and your family in accordance with your social position, and when upon return you could make a living for yourself and your family through what you earn.
Question 5: If a person was mustati but neglected to go on Hajj until he lost his turn, now that names are no longer being registered, would it be permissible for him to perform Hajj by way of connections and recommendations inside or outside Iran and through expending huge amounts? This is because otherwise, his duty of fulfilling the obligation would be delayed for years and he tears that, Allah (SwT) forbid, he would be considered as one who has forsaken Hajj.
Answer: He should go on Hajj in any way possible if it does not violate the regulations of the Islamic Republic of Iran, and in a way that he would not face distress and difficulty.
Question 6: Supposing Hajj has not already become incumbent on a person but while registering names for the Hajj, he became mustati. Later on, he, however, faced financial problems and needed the money he had deposited with the bank (for registering his name). Could he withdraw the money or not? Would it make any difference if his turn comes in the first year or in the next years?
Answer: Based on this supposition, he is not mustati and can withdraw his money. It would make no difference.
Question 7: A person, who had to perform the obligatory Hajj departed for Hajj from Pakistan, fell ill in Madinah but continued his journey to Makkah in that condition, and passed away in a hospital in Makkah before performing the Hajj. At the time of his death, his entire property consisted of some money and a piece of land in Pakistan. Given the fact that his money is not enough for Hajj on his behalf, should his heirs sell the piece of land and hire someone to fulfill his Hajj, or would the obligation of Hajj no longer be due upon his death?
Answer: If he arrived in Makkah with the ihram for Umrah Tamattu and passed away before performing Umrah or after completing its rites, whatever he performed will be accepted and the obligation of Hajj would be removed from him. But if he entered Makkah without ihram for Umrah and passed away there, and in case Hajj had remained incumbent on him, a substitute on his behalf should be hired out of what he has left behind. A Hajj Miqati would suffice in such a case. But if Hajj had not remained incumbent on him, he would not be considered a mustati, and there is no need to hire a person to perform Hajj on his behalf.
Question 8: If a person becomes mustati in miqat and performs the obligatory Hajj of Islam, would it suffice or not? Would kifayah be a precondition or not?
Answer: If he becomes mustati, it is sufficient, but he should have kifayah.
Question 9: In cases where an organization or body sends a person on Hajj without asking him to do anything in return, would it be regarded as Hajj Badhli and should it be necessarily accepted?
Answer: Provided that it is legitimate, it would be Hajj Badhli if there were no commitment to do anything in return for it.
Question 10: A person has four sons, all of whom are married, and can meet his annual expenses and has no debts, but he and his sons make their living jointly from the same source of income. Now, since the Hajj expenses of only two people can be met, is Hajj obligatory in this case? If so, is it only incumbent on the father or on the sons as well? If Hajj is incumbent on the sons, which one has the priority to perform it?
Answer: One who has enough property to meet his Hajj expenses, go to Makkah, and upon return afford a living, which befits him, is mustati and should perform the Hajj.
Question 11: Having financial istitaah and being 72 years old, I have been prevented from going on Hajj pilgrimage by the Health ministry in accordance with domestic laws, as I am addicted to opium. What is to be done from the viewpoint of Sharia?
Answer: If you were previously mustati but did not go on Hajj pilgrimage, you shoulder the duty of going on Hajj. If previously you did not have istitaah, you are not mustati under the present conditions, unless you can abandon opium addiction, obtain the required permit, and go to Makkah.
Question 12: If a person has capital or equipment and can sell part of it to lead a comfortable life and go on Hajj with the difference, would he be mustati?
Answer: If all the other conditions are met, he will be deemed mustati.
Question 13: A person has an orchard that has not brought him any income for several years but which, if sold, would cover his Hajj expenses. He is sure that by the time the orchard bears fruit, he would be old and retired and would be dependent on it for his living. Would such a person be mustati?
Answer: If he has no source of income other than the orchard, he will not be considered mustati.
Question 14: In the case of debt, how much money should a person possess to have istitaah? In case he has the needed money but suffers from cardiac ailment and has been notified by the physicians at the Hajj and Pilgrimage Organization that his pilgrimage might be dangerous, should he substitute someone else?
Answer: If before attaining istitaah he fell ill and consequently lacked the strength to go to Makkah, he will not become mustati and there is no need to substitute someone else for Hajj. In addition, financial istitaah would develop only when he has enough money for a round trip and can easily repay his debt.
Niyabah in Hajj
Conditions of the naib:
d. Confidence in performing the rites
e. Knowledge of Hajj rites and rituals
f. Exemption from the obligatory Hajj that particular year
g. Having no excuses to abstain from certain Hajj rites
Conditions of one for whom a naib is hired: For the obligatory Hajj, the person for whom a naib is hired should be a deceased one, and in case he is alive. Hajj should be incumbent on him, while he cannot personally go on Hajj due to an incurable disease or old age. In the Hajj Istihbabi, this is not a condition, and the person who hires a naib does not have to be mature and sane. There is no need for the naib and one who hires him to have familiarity. One who has not so far gone on Hajj and is mustati can become a naib for another person.
Hiring a person who has little time for Hajj at-Tamattu and who is compelled to perform the Hajj al-Ifrad is not correct for a person on whom Hajj at-Tamattu is incumbent. But if the naib was hired with ample time and then the time ran out, he should engage in udul. This would suffice for Hajj at-Tamattu. The naib should be paid in return.
One on Whom Hajj had become obligatory but had not gone on Hajj pilgrimage in the first year of istitaah due to ailment or inability to walk because of old age or of imminent distress and difficulty by going on Hajj should hire a naib in case there is no hope of his recovery. Based on ihtiyat wajib, he should immediately hire a naib. If Hajj does not become incumbent on him, he will definitely face no obligation in this regard.
When the naib performs the Hajj, the one who hired him does not need to personally go on Hajj later even if the excuse he had no longer exists. But if this excuse is removed before the completion of Hajj, the pilgrimage on behalf will not suffice.
One on whom Hajj is incumbent, whether through having istitaah or being duty-bound, should not engage in niyabah for another person.
If the hired person dies after ihram and entrance into the Haram, (Sacred Mosque of the Kabah) this would suffice for the Hajj of the one whom he represented. But if he dies after ihram and before entrance into the Haram, it would not suffice based on ihtiyat wajib. In this case there is no difference whether the Hajj was supererogatory, by hire (on behalf), the Hajj in Islam or the obligatory Hajj, the same decree that applies to one who goes on Hajj in person would apply here.
If a naib is hired to carry out the religious duty of one who hires him – as is the case for hiring the naib for Hajj – and if he dies after ihram and entrance into the Haram, he deserves the entire wage (of naib).
One who has gone to Makkah as a naib without having personally performed the obligatory Hajj should follow the ihtiyat mustahabb and, after niyabah, perform Umrah Mufradah for himself. This ihtiyat is not binding. Nevertheless, it is highly recommended.
One who cannot perform some Hajj rites due to valid reasons cannot be hired as a naib for Hajj. If such a person who has excuses not to perform some rites, gratuitously and voluntarily goes on Hajj on behalf of another person, this would not suffice.
Secondary Issues Related To Niyabah
The caravan attendants who are compelled to leave Mashar at midnight to perform the required tasks in Mina or who have to accompany the weak pilgrims to Mina, would be among those having excuses for not being able to have ikhtiyari wuquf in Mashar. Therefore, their niyabah will be invalid. But, if they have been hired as a naib before employment (as a caravan attendant), they have to perform the Hajj and observe ikhtiyari wuquf.
For a living person who can hire a naib, it would suffice to employ the naib at the miqat.
One who performed the Hajj for the first time, say as a caravan attendant, could go on Hajj as a naib for his deceased father or mother, unless he was not mustati in the first year and has become mustati in the next year.
Ihram would be incorrect for one who, as a naib, becomes a muhrim at the Masjid ash-Shajarah and goes to Makkah where he realises he was personally mustati. He should return and become a muhrim for his own Umrah Tamattu and perform his own religious duties.
The condition of faith and belief of the naib, being a prerequisite for niyabah in Hajj, also applies to other rites in which niyabah is permissible, such as ramy and tawaf.
It is incumbent on the naib to perform the rites in accordance with the decrees of his own Marja Taqlid.
A naib who, at the time of accepting niyabah, was fully capable of representing another person at the Hajj but who has an excuse at the time of becoming a muhrim or even before, could continue his niyabah if his excuse does not make him violate some Hajj rites. But if his excuse makes him violate some Hajj rites, the contract for his niyabah could be declared null and void. Based on the ahwat, the naib and one who has hired him should make a compromise on the former’s wages, and the duty of the Umrah and Hajj would be vested with the latter.
Gratuitous or wage earning niyabah is not acceptable from those hired to render services and unable to have ikhtiyari wuquf in Mashar, as well as all other people who have excuses and who have performed such incomplete forms of Hajj. Their niyabah would not be acceptable as the Hajj of the persons who have hired them, and they do not deserve wages.
One who cannot perform the ikhtiyari rites of the Hajj is exempt and cannot become a naib.
The niyabah of a person who lacks the ability to correct his qiraah is null and void. If he has the ability, the niyabah of such a person is valid, provided he corrects his qiraah.
Question 1: Suppose a person who registers his name, receipt of payment, and specifies in his will that after his demise his son should go on Hajj and perform it on behalf of him, passes away. Upon the father’s death, the son obtains financial istitaah but he can only go on Hajj using his father’s receipt of payment. Now by using this receipt and arriving at miqat should he perform the Hajj on behalf of his father? Or would he obtain istitaah and have to perform Hajj for himself.
Answer: The son can go on Hajj using the receipt based on his father’s will in case the will for what is additional to the Hajj Miqati does not exceed one third and the heirs have allowed it. He should perform the Hajj on behalf of his father.
Question 2: In the past two cases, if the son shoulders the duty of performing Hajj on behalf of his father but performs his own Hajj, would it be considered his obligatory Hajj of Islam or not?
Question 3: A person’s father who was mustati passes away. The son takes his father’s receipt and goes on Hajj with the intention of representing his father. He reaches miqat where he himself is mustati. What should he do? I should explain that there is no will. Nor has he been asked to engage in niyabah. For instance, he was the sole heir and Hajj would not be possible for him unless in this way.
Answer: In this case, he should perform his own Hajj and hire a naib for his father.
Question 4: Being responsible for the Hajj caravan, I had to take care of the sick and disabled people in my group and, therefore, performed idhtirari wuquf. Please explain my religious duty.
Answer: If you accompanied disabled and sick persons who had excuses not to engage in ikhtiyari wuquf, here is no problem for you. But if served as a naib for someone else, your niyabah would not be acceptable.
Question 5: A person served as naib for a deceased person without having any excuses not to perform some Hajj rites at the time of being hired as naib. But several years after performing the Hajj, he realized that in the Mashar al-Haram he had engaged in idhtirari wuquf with women and sick persons for whom he was guide and went to Mina. He was unaware of the fact that the naib should engage in inkhtiyari wuquf. What duty does he shoulder?
Answer: This should not have been done on a Hajj in which he was hired as naib and he does not deserve any wages. In terms of the wages, he should refer to the person who hired him. Or in case his contract for niyabah has not expired, he should once again go on Hajj as a naib and correctly perform the rites.
Question 6: My late father had stated that his eldest son should go to Makkah on his behalf. I am the eldest son and have become mustati with the inheritance. So far, I have not been able to convert my share of the inheritance into cash. Under such conditions, can I perform the Hajj on my father’s behalf or not?
Answer: Supposing that you have financial istitaah through converting your share of the inheritance into cash, you should primarily perform your own-obligatory Hajj and later on perform it on behalf of your father or hire a naib for him.
Question 7: A lady for whom the Hajj was obligatory said in her last will that the executor of her will should go on Hajj on her behalf using money from what she left behind. Now the executor of her will has physical, financial, and other types of istitaah, but has not registered name for Hajj based on an excuse and lacks istitaah for travelling. Could the executor of the will engage in Hajj Niyabi?
Answer: If the executor of the will did not previously have istitaah, if the route is not open to him now, and if he is not mustati, he can be hired for Hajj Niyabi. But if he can reach the miqat without being hired, he should not perform Hajj Niyabi and should perform his own Hajj.
Question 8: While hiring someone for Hajj, if the person hiring the naib is unaware that the latter has excuses and hires him, would the niyabah wages be halal for the naib? Would his Hajj Niyabi be correct and be considered the obligatory Hajj of Islam or other type of Hajj for the one who has hired him?
Answer: In case he had an excuse and was hired, he does not deserve wages and it would not suffice for the Hajj Niyabi.
Types of Umrah
As with Hajj, Umrah also falls into two types: obligatory and recommended. Umrah would become incumbent only once in the lifetime of one who has istitaah. As with Hajj, its obligation is immediate. In its obligation, there is no requirement for having istitaah for Hajj. If one were mustati for Umrah, it would become incumbent on him to perform, even if one is not mustati for Hajj. The opposite also holds true: If a person has istitaah for Hajj but is not mustati for Umrah, he should perform the Hajj.
But for those who are away from Makkah, such as the Iranians who shoulder the duty of Hajj at-Tamattu, the istitaah of Hajj and the istitaah of Umrah would be the same, as Hajj at-Tamattu is a combination of both. This is contrary to the case of people who are in Makkah or close to it. They shoulder the duty of Hajj and Umrah Mufradah, for one of which they should have istitaah.
Getting into the state of ihram is compulsory for anyone who wants to enter Makkah to get to the state of Umrah or Hajj. If he wants to enter Makkah sometime other than the Hajj season, he should perform Umrah Mufradah. This does not apply to one for whom only a month has passed after ihram. In such a case, ihram is not necessary.
Going on repeated Umrah (more than once), like going on Hajj repeatedly, is mustahabb. Spacing is not needed between two Umrah, but based on precaution, one can perform only one Umrah for himself every month. Each person can however, perform an Umrah on behalf of others.
Types of Hajj
The Hajj in Islam is of three types: Hajj at-Tamattu, Hajj al-Qiran, and Hajj al-Ifrad. Those who live over 48 miles away from Makkah should perform Hajj at-Tamattu, while Hajj al-Qiran and Hajj al-Ifrad are incumbent on others.
Hajj Al-Ifrad and Umrah Mufradah
A person who cannot perform Umrah Tamattu due to shortage of time should go on Hajj al-Ifrad. With the same ihram for the Hajj at-Tamattu, he can perform the Hajj al-Ifrad and go to the plain of Arafat and embark upon wuquf like other pilgrims. He should then go to Mashar and stay (wuquf). Afterwards, he should go to Mina and perform the Mina rites apart from hady, which is not compulsory for him. He should subsequently go to Makkah, perform the tawaf, prayer, Say, tawaf an-nisa and its prayer.
After this, he can dispense with ihram and return to Mina to pass the night and spend nights of tashriq period as done by other pilgrims. In principle, therefore, Hajj al-Ifrad is similar to Hajj at-Tamattu with the exception that in the latter case, a hady should be offered, while in the Hajj al-Ifrad, hady is not compulsory and is rather recommended.
Umrah Mufradah, which should be performed after Hajj by one, whose Hajj at-Tamattu has been turned into Hajj al-Ifrad requires departing from Adni al-Hal. It is best to put on ihram from “Jeranah” or “Hudaybiyah”, or “Taneem” which are closer to Makkah. Then he should go to Makkah for circumambulation around the Kabah and recite its prayer, embark upon Say between Safa and Marwah, engage in taqsir or shave his head, carry out the tawaf al-nisa and recite tawaf prayer.
Hajj At-Tamattu in Brief
Hajj at-Tamattu includes two rites: Umrah Tamattu and Hajj at-Tamattu. Umrah Tamattu has priority over Hajj.
Umrah Tamattu has the following five acts:
1. Getting into the state of the ihram
2. Tawaf around the Kabah
3. Tawaf prayer
4. Say between Safa and Marwah
When the muhrim accomplishes these tasks, things, which had become unlawful to him due to ihram, become permitted.
Hajj at-Tamattu comprises of the following thirteen acts:
1. Getting into the state of the ihram
2. Wuquf in the plain of Arafat,
3. Wuquf in Mashar al-Haram
4. Stoning the Jamarat al-Aqabah in Mina
5. Offering sacrifice in Mina
6. Shaving the head or taqsir in Mina
7. Tawaf in Makkah
8. Reciting two rakah tawaf prayer
9. Say between Safa and Marwah
10. Tawaf an-nisa
11. Reciting two rakah prayer of tawaf an-nisa.
12. Staying in Mina on the 11th, 12th, and 13th Dhul al-Hijjah (for some people)
13. Ramy Jamarat on the 11th 12th of Dhul al-Hijjah. Those who remain in Mina on the night preceding the 13th should engage in ramy jamarat on the 13th.
It is permissible to perform Umrah Mufradah during the Hajj season before Umrah Tamattu.
Based on precaution, one should observe a month’s space between the two Umrah he undertakes for himself. If the second Umrah is performed through niyabah, the naib can receive wages for it. If the Umrah Mufradah were obligatory for the one who has hired the naib, it would be sufficient.
Rites of Umrah Tamattu
Chapter 1: Place of Getting Into the State of Ihram in Umrah Tamattu
The place of getting into the state ihram in Umrah Tamattu, which is called miqat, can be different based on the different places from which the pilgrims depart for Hajj. The following five places serve as miqat:
1. Masjid ash-Shajarah (also known as Dhul-Hulayfah) is the miqat for the people of Madinah who go to Makkah.
In the case of emergency, getting into the state of ihram could be postponed to reach the miqat of the pilgrims of ash-Sham (Syria) or places parallel to it (including Lebanon, Palestine, and Jordan).
Ihram outside the Masjid ash-Shajarah is not acceptable for the people who depart from Madinah and head for Makkah. It is compulsory for them to put on ihram inside the Masjid ash-Shajarah.
A person in the state of junub or haydh can become a muhrim while passing through the Masjid ash-Shajarah but should not halt in it.
2. Al-Aqiq which has three points, namely “al-Maslakh”, “al-Ghamrah”, and “Dhat al Irq”, is the miqat for those who go to Makkah from Iraq and Najd.
3. Qarn al-Manazil is the miqat for the people who go on Hajj through Taif.
4. Yalamlam, which is the name of a mountain, is the miqat for those from Yemen.
5. Juhfah is the miqat for those who head for Makkah through ash-Sham.
After religious proof is provided on the miqat (that is, when two just witnesses testify about the place being miqat), there is no need for investigation. In the absence of religious proof, one can ask people who are informed of these places.
Whenever a pilgrim takes a route, which does not pass through any of the mawaqit, he should get into the state of ihram at any place parallel to the said mawaqit.
When there is choice, the pilgrim should not get into the state of ihram in Jeddah and should go to one of the five mawaqit, unless he or she lacks strength. In such a case, based on precaution, the pilgrim could put on ihram in Jeddah by making a nadhr.
Parallel areas refer to the case in which a person who heads for Makkah reaches a place where the miqat is located on his right or left in a straight line, such that if he passes this area, the miqat would stand behind him.
Getting into the state of ihram before reaching the miqat is not permissible. If one thus puts on the ihram, it would be incorrect, unless the pilgrim makes a nadhr to get into the state of ihram in a place before the miqat, He should then become a muhrim in this very place. For instance, if he makes a nadhr to become a muhrim in Qurn, it is incumbent on him to act in accordance with his nadhr.
It is not permissible to voluntarily delay getting into the state of ihram in miqat. If due to forgetfulness, ignorance, or some other excuse, he leaves the miqat without getting into the state of ihram, he should, if possible, return to the miqat and become muhrim there. If not possible to return to the miqat, he should leave the Haram, if he has entered it and, based on ihtiyat wajib, get as close to the miqat as possible and then get into the state of ihram. If he cannot go out of the Haram due to time limitation or the like, he should become a muhrim inside the Haram at the very point where his excuse has been removed.
If he leaves the miqat without getting into the state of ihram, it is wajib for him to return if time is not limited and become a muhrim in the miqat he has passed, no matter whether another miqat is before him or not.
Miscellaneous Issues Related To the Miqat
While putting on the ihram at Masjid ash-Shajarah, it is incumbent to put it on inside the mosque itself and not in its vicinities.
If a lady is haydh in miqat and is confident she cannot perform Umrah Tamattu in due time, she should make niyyah for Hajj al-Ifrad and after completion perform Hajj Umrah.
If a person is in Makkah and wants to perform Umrah Tamattu but has some reasons that prevent him from going to the miqat for it, he should go outside the harm and become a muhrim. It would suffice from Adni al-Hal.
For the Iranians, whether those employed in Jeddah or others, miqat for Umrah Tamattu and Umrah Mufradah is the prescribed mawaqit. But for Umrah Mufradah, there could be permit for ihram in Jeddah with nadhr, yet, as a precaution, the pilgrim should get into the state of ihram in the mawaqit.
Based on ihtiyat, caravan attendants who want to go to Makkah and then leave it should not perform Umrah Tamattu. To enter Makkah, they should go to one of the prescribed mawaqit and become muhrim there for Umrah Mufradah. Adni al-Hal is not the miqat for such people. After performing Umrah Mufradah, they can leave Makkah. Afterwards entrance into Makkah for the second and third times would not require ihram. The last time such people arrive in Makkah they should go to one of the prescribed mawaqit such as Masjid ash-Shajarah or al-Juhfah to become muhrim for Umrah Tamattu.
Getting into the state of ihram before reaching the miqat would be correct with nadhr. As a result, haydh women who have religious excuses and cannot enter the Masjid can offer nadhr in Madinah to become muhrim for Umrah. In this case, they do not have to go to Masjid ash-Shajarah. If husbands of these women are present, they should give idhn for their wives’ nadhr.
Miqat in al-Juhfah is not confined to the mosque, and people can become muhrim in any part of al-Juhfah.
Leaving Makkah between Umrah Tamattu and Hajj is not permissible, unless there is an emergency or exigency. In such a case, based on precaution, the muhrim should get into the state of ihram for the Hajj and then leave, unless this would cause him distress. In such a case, he can leave Makkah without ihram. At any rate, leaving Makkah would not make the Hajj incorrect. Caravan attendants and the like can enter Makkah with Umrah Mufradah and perform Umrah Tamattu when they would no longer leave Makkah unless for Wuquf in the plain of Arafat.
If a person has become muhrim in Jeddah and performed Umrah Tamattu, he should go to miqat, become muhrim, and renew Umrah Tamattu if he does not have any excuse not to go to miqat and if there is still time to perform Umrah Tamattu.
If a person leaves Makkah after performing Hajj at-Tamattu and wants to return while still a month has not passed from the time of ihram for Umrah Tamattu, he does not need to become muhrim and can enter Makkah without ihram.
One who has performed Umrah Mufradah less than a month back can pass the miqat without ihram.
In the absence of her husband, a woman who wants to make a nadhr to get into the state of ihram before reaching the miqat does not need his permission. But in case her husband is present, based on precaution, she should make the nadhr with his permission; otherwise, her nadhr would not be valid.
Pre-miqat nadhr for ihram is also permissible for the naib.
Question 1: A group headed for Makkah via Taif. Before reaching Qarn al-Manazil, they were sent to go through al-Aqiq. They were barred from going to Qarn al-Manazil and became muhrim in al-Aqia. What consideration should be taken in regard to their ihram?
Answer: Their ihram is correct.
Question 2: A haydh woman leaving Madinah for Makkah thought she could become muhrim and perform her duty while passing through Masjid ash-Shajarah. But when reaching the mosque’s courtyard, she realised that due to the huge crowd gathering there she could not become a muhrim by passing through. She obtained her husband’s permission for nadhr, went several steps away from the Masjid, and became muhrim with nadhr. Does this suffice or not?
Answer: There is no problem is she became muhrim with nadhr before reaching the miqat.
Question 3: A haydh woman, conceiving she could get into the state of ihram while passing through Masjid ash-Shajarah, entered the mosque, immediately got into the state of ihram, cited the talbiyah, and took several steps toward the door she wanted to use to leave the mosque. But when she saw she could not pass through, she left through the door from which she had entered. Is her ihram correct or not?
Answer: It is correct.
Question 4: If upon leaving the miqat and along the way the pilgrim realises that he has not made the talbiyah or niyyah or that his ihram is incorrect due to some other reason and wants to return to the miqat and that this would not be feasible for him unless he can possibly return to the miqat via Makkah, could he go to Makkah and return to the miqat? Or should he become muhrim where he is?
Answer: If he can return to the miqat, even from Makkah, he cannot become muhrim from any place other than the miqat. But to enter Makkah, he should become muhrim at Adni al-Hal, while making intention for Umrah Mufradah. After performing its rites, he should go to one of the prescribed mawaqit and get into the state of ihram for Umrah Tamattu.
Chapter 2: Three Acts Are Obligatory At the Time of Getting Into the State Of Ihram
When a person wants to become muhrim for Umrah Tamattu, he should make niyyah for it.
Umrah, Hajj, and their rites serve as ibadat and should be carried out with sincere niyyah for the satisfaction of Almighty Allah (SWT) without any intention for whatsoever that renders ihram vain and void.
Talbiyah means saying labbayk. He should pronounce the following: “Labbayk Allahuma labbayk. Labbayk la shareeka laka labbayk.” (Yes, here I am O Lord, here I am. Here I am, there is no partner for You, here I am)
This much would be sufficient for him to become muhrim and for his ihram to be correct. Based on ihtiyat mustahabb, after pronouncing the four labbayk, he should say: “Innal hamda wan-nemata laka wal-mulka, la shareeka laka labbayk.” (Surely the praise and the bounties are for You, and the kingdom is Yours; there is no partner for You, here I am)
After pronouncing the above, as an additional precaution, he should say: “Labbayk Allahuma labbayk. Innal hamda wan-ne’mata laka wal-mulka, la shareeka laka labbayk.” (Yes, here I am O Lord, here I am. Surely the praise and the bounties are for You, and the kingdom is Yours; There is no partner for You, here I am) only once.
It is obligatory to recite labbayk.
If one cannot learn the obligatory labbayk, or if he is short of time to learn it and cannot pronounce it even with instruction, he should pronounce it any way he can, or, based on precaution, he should hire a naib.
It is obligatory to discontinue reciting the talbiyah for Umrah Tamattu upon sighting the houses of Makkah. It is also obligatory to discontinue reciting the talbiyah of Hajj by the zawal of Arafa Day.
Men should wear two pieces of clothing to get into the state of ihram. These are lounge (a piece of cloth worn around the waist downwards) and the rada (cloak which should be worn on the shoulders).
Based on ihtiyat, these two pieces of clothing should be worn before making the niyyah for ihram and pronouncing the labbayk. If he wears them after pronouncing the labbayk, he should repeat the pronouncement of the labbayk based on ihtiyat mustahabb.
It is not necessary for the lounge to cover the naval and the knees. It would suffice to be conventional.
While wearing the clothing for ihram, based on necessary precaution, one should make niyyah with the intention of submitting to the Will of Almighty Allah (SwT).
It is a condition that these two pieces of clothing are such that if one prays while wearing them, his prayer would be correct. Therefore, they should not be made of silk. Nor should they be stained with impurities that render prayer null and void. In addition, the lounge should not be made of thin and transparent cloth.
Women’s ihram cloths should not be made of pure silk.
The two pieces of clothing, which the muhrim should wear, are exclusive to men. Women can become muhrim while wearing their usual clothes-whether stitched or not. But their clothes should not be made of pure silk, as already mentioned.
If the ihram clothing were made of hide, nylon, or the like, it would create no problems, provided that it is conventionally known as clothes.
The ihram clothing does not necessarily have to be made of woven fabrics. Rather if it is made of felt and is conventionally known as clothes, it would not be a problem.
If one knowingly and intentionally fails to take off his stitched clothes at the time of ihram, his ihram will not be completely correct.
While getting into the state of ihram, it is not permissible to wear the lounge around the neck. But tying the lounge and the like is permissible.
Secondary Issues Related To Ihram
An insane person has no takleef, and ihram is not obligatory for him. If he enters Makkah without ihram, it would not be a problem.
The Hajj rites of one who has deliberately mispronounced the talbiyah are incorrect. If talbiyah is mispronounced involuntarily or due to forgetfulness or unawareness, it might be deemed correct.
In the case of a person who mispronounces the talbiyah and realizes that he has not correctly become muhrim after the wuqufayn and before the completion of the Hajj rites, his Hajj might be deemed correct, provided that he comes up with this realization after the time for correction has passed. But based on the ahwat, he should not suffice with such a Hajj.
Chapter 3: What Becomes Haram To The Muhrim
First: Hunting Wild Animals, Unless There Is Fear Of Their Attack
Having sexual intercourse, kissing, caressing, or amorously looking (at the opposite sex). In short, any kind of carnal pleasure.
If a man lustfully and sensually kisses his wife, he should give a camel as kaffarah. If there is no lust or sensuality, he should offer a sheep. Kissing those other than the spouse, such as one’s mother or children, is not Haram and does not require kaffarah.
If there is sexual intercourse after Wuquf in al-Mashar al-Haram and before the end of the tawaf an-nisa, Hajj would be correct, but kaffarah should be offered. But if it is after tawaf an-nisa, no kaffarah should be given. The fuqaha disagree on its hukm during tawaf an-nisa: whether doing half of it or passing through the fifth shawt is equal to the entire tawaf.
One camel should be offered as kaffarah for masturbation, which leads to ejaculation.
It is not permissible for the muhrim to contract marriage for himself or on behalf of another person whether the latter is a muhrim or a non-muhrim (muhill).
Masturbation means causing ejaculation with the hands or other means.
One who mistakenly or unaware of the precept masturbates, does not have to pay kaffarah and should engage in istighfar. If he does so knowingly and deliberately, he should offer a camel as kaffarah. If he cannot offer the camel, he should sacrifice a sheep. If he masturbates before al- Muzdalifah, he should complete the Hajj rites and perform it over again next year. The same applies to a case in which his wife touches his genitals.
Fifth: Use of Perfume
Use of perfume-whether it is musk, saffron, camphor, aloes-wood, ambergris (in general perfume in the absolute sense of the word is prohibited).
Based on necessary precaution, one should abstain from smelling anything, which has a scent, but which is not deemed perfume.
Repeated use of sweet-smelling material such that it is considered as one application does not increase the kaffarah, but apparently kaffarah should be offered for each application, even though the principle of necessity of kaffarah on sweet-smelling material is not prescribed.
Sixth: Men Should Not Wear Stitched Clothes
Men should not wear stitched clothes, including shirt, underwear, long garment open in the front, vest, coat, and the like. The same applies to clothes with buttons and also woven clothes, though these might not be stitched.
If a man needs the aforementioned clothes, it is permissible for him to wear them but, based on precaution, he should offer kaffarah.
Women are allowed to wear stitched clothes without any restrictions.
It is permissible to wear wallets, belts, and other small stitched items that are not ordinarily considered as clothes.
Seventh: Darkening the Eyelids With Kohl For Ornamentation, Even If There Is No Intention For Ornamentation
Based on necessary precaution, one should avoid using kohl, which might cause ornamentation.
Application of kohl is for both men and women.
There is no kaffarah for application of kohl.
Eighth: Looking Into the Mirror
There is no problem in wearing glasses without having the intention for adornment. But based on precaution, glasses should not be worn for adornment.
Ninth: Wearing Boots, Giveh (Light Cotton Shoes), Socks and The Like
This applies to men only.
Evidently, covering the surface of the feet (from the ankle) with boots, socks, and the like is forbidden. At any rate, if the muhrim has to wear such items, he should, as a precaution, tear the surface area.
There is no kaffarah for whatsoever covers the surface of the feet.
Fusuq does not merely apply to lying. It also covers cursing and boasting.
Fusuq is forbidden, even if it does not involve insulting and cursing others.
Jidal, which means saying such words as “Yes, by Allah!” or “No, by Allah!” Pronouncing the words “No” and “Yes” to indicate negative and affirmative contexts is not related to jidal. Jidal means swearing to prove or disprove something.
Twelfth: Killing Insects That Appear On One’s Body Such As Louse, Flee and Leech
Thirteenth: Wearing Rings for Adornment
Wearing rings for adornment. There is, however, no problem in wearing rings for istihbab.
There is no problem in wearing rings for a special purpose other than adornment and istihbab.
It is forbidden for the muhrim to dye his body with henna for adornment. As a necessary precaution, henna should not be used for adornment, even if there is no intention to this effect. There is no kaffarah for wearing rings and dying the body with henna.
Fourteenth: Women’s Use of Ornaments
As necessary precaution, ornaments should not be used for adornment, even if there is no intention to this effect.
Ornaments that women habitually wear before ihram should not be taken off to get into the state of ihram.
Women should not show to men even to their husbands, ornaments that they habitually wear.
Using ornaments is n but does not involve kaffarah.
Fifteenth: Applying Oil to The Body (An Ointment)
Application of oil to the body members and the hair for ornamentation and softness is not permissible, even if the oil has no perfume.
There is no kaffarah for application of perfume-free oil.
There is no kaffarah for application of perfumed oil, but based on the ahwat, a sheep should be offered as kaffarah.
Sixteenth: Removing Hair
Removing hair from the body of oneself or from that of another person, whether he is a muhrim or a muhill.
If apart from the time of wudhu and ghusl, one touches his head or face and hair falls out, he should, as a precaution, offer a handful of wheat, flour, or the like even though the necessity of this ihtiyat is not prescribed.
Seventeenth: Men Should Not Cover Their Heads with Anything
As a precaution, men should offer a sheep as sacrifice for covering the head. Covering parts of the head does not involve the hukm for the entire head, unless it conventionally signifies this; for instance, such as wearing a small hat that covers only the middle part of the head.
As a precaution, kaffarah should be offered each time the head is covered.
It is not permissible to immerse the entire head into water. The impermissibility of this act as regards some parts of the head has not been prescribed.
Based on precaution, a sheep should be offered as kaffarah for immersing the entire head into water.
There is no problem in drying the head with towels and the like, unless the towel covers the entire head.
There is no problem in wearing a handkerchief around the head to relieve headache.
Eighteenth: Women Covering Their Faces
Women should not cover their faces with small black veils or any other such items.
It is forbidden for women to cover the face as they habitually do to observe the hijab. But covering parts of the top or bottom or the sides of the face during prayer and on other occasions would bear no problem, provided that it does not signify covering the whole face.
There is no kaffarah for using small black veils on the face, no matter how these are used.
Nineteenth: It Is Not Permissible For the Muhrim Man To Shade Himself
Men are not allowed to shade themselves. But for women and child it is permissible and involves no kaffarah.
Passing under a shade is forbidden when one is moving from a place. But when one resides in a place such as Mina or elsewhere there is no problem in moving under the shade. Nor is there any problem in using an umbrella or the like to be under shade, even if one is walking. Therefore, the muhrim can use an umbrella to go from his tent in Mina to the place where sacrifices are offered or where ramy al-Jamarat is carried out.
It is not permissible for the muhrim to be under shade while travelling in any vehicle, aeroplane, or ship, which has a roof. There is, however, no problem in passing through or under fixed shades such as bridges and tunnels.
While moving from a place, the muhrim can use the shade of the side of the mount, the wall, or the car, but, based on precaution, he should abstain from it.
Sitting under the roof while moving from a place at night is contrary to precaution, even though it might be permissible.
The muhrim can sit in a roofed car or aeroplane that transports him at night. But he should observe the ihtiyat on rainy and cold nights, unless this ihtiyat causes him distress.
Those who board a ship in the state of ihram should not remain under its root. But sitting next to the ship’s wall, which provides shade, is obviously permissible, though, based on ihtiyat mustahabb, this should be avoided.
A sheep should be offered as kaffarah for going under the shade while moving or travelling from a place.
Those who become muhrim for Hajj in the Masjid al-Haram and have taken residence in Makkah till the Day of Arafa can use shade, so long as they are not going outside Makkah.
Using the shade involves no problem for one who has become muhrim in Taneem since it has become part of Makkah, which in turn has the status of residence.
Twentieth: Causing Blood to Gush Out From The Body
There is no kaffarah for causing blood to gush out from the body, although as a precaution, one sheep should be offered as sacrifice.
During ihram, it is impermissible to scrape the skin, brush the teeth or do anything, else that causes bleeding. But drawing blood out of body of others does not have the same hukm.
Twenty-first: Clipping The Nails
If a person clips all nails of his hands and less than ten nails of his feet, he should offer one sheep for nails of his hands and one mudd food for each nail of his feet. If he clips alt nails on his feet and clips less than ten nails on his hands, he should offer a sheep for the nails of his feet and one mudd food for each nail of his hand.
Twenty-second: Pulling Out a Tooth Without Bleeding Is Not Forbidden, Nor Does It Require Kaffarah
In case pulling out the tooth is imperative and causes bleeding, a sheep should be offered as kaffarah based on ihtiyat mustahabb.
Twenty-third: Cutting a Tree or Plant That Has Grown In The Haram
Twenty-fourth: Carrying Arms
Miscellaneous Issues Related To Restrictions of Ihram
Going under the shade is Haram while one is in the state of ihram. But if the vehicle of the muhrim passes under bridges along the way or remains under a roof at the gas station, there would be no problem for the muhrim, and he does not have to pay kaffarah.
There is no problem in having injections while in the state of Ihram. But injections, which cause bleeding, should be avoided, unless there is dire necessity for them. In this case, no kaffarah would be required.
After the muhrim reaches Makkah, even those new districts that are away from the Masjid al-Haram, he could use roofed vehicles or shades to go to the Masjid al-Haram.
As a necessary precaution, perfumed soaps and shampoos should be avoided. There is no problem in using perfume-free soaps and shampoos.
Question 1: Due to heat rash, some muhrims need ointments. Could a muhrim use such ointments or not?
Answer: No, unless there is exigency for it. But use of ointment, even if not exigent, does require kaffarah, unless it is perfumed. In this case, based on ihtiyat istihbabi, he should offer a sheep as kaffarah.
Question 2: Does shading oneself refer to bringing the head under the shade only or does it also apply to the shoulders?
Answer: It does not apply to the shoulders.
Question 3: Does shading oneself only apply to going under the roof or does it also signify shades of cars?
Answer: It does not signify the latter, even though, based on ihtiyat mustahabb, it should be avoided.
Question 4: Could one use an umbrella in Arafat as with Mina? Or does Arafat involves a hukm different from that of Mina?
Answer: There is no problem in using an umbrella in Arafat.
Question 5: Along the way from Makkah to Arafat and Mina, could the muhrim pass through tunnels, knowing that there is no other route that has no tunnels?
Answer: There is no problem in it.
Chapter 4: Obligatory Tawaf and Some of Its Ahkam
The first rite of the Umrah, which is obligatory for one, who becomes a muhrim for Umrah Tamattu and enters the holy Makkah is to engage in tawaf around the Kabah for Umrah Tamattu.
Tawaf means circumambulating the Kabah seven times (as will be explained later). Each turn is called shawt. Tawaf then comprises of seven ashwat.
Tawaf is rukn of Umrah, and Umrah would be vain and void for whoever deliberately abstains from tawaf until its time is over, whether this is done knowingly or unknowingly.
One who makes his Umrah void without any excuse and who has no time for provisions should, based on the ahwat, perform Hajj al-Ifrad after which he would embark upon the Umrah and leave the Hajj for the coming year.
In case the muhrim wants to perform the tawaf with other rites of Umrah but would not be able to have ikhtiyari wuquf in Arafat, he would be regarded as being short of time for the tawaf.
If he mistakenly avoids tawaf, he should perform the tawaf and its prayer at any time. If he has returned to his place and cannot return to Makkah or if such a return is difficult, he should hire a trustworthy naib.
On Obligations of Tawaf
First: Prerequisites of the Tawaf
B. One should be pure of hadath Akbar and hadath asghar
One should be pure of hadath Akbar (such as janabah, haydh, and nifas) and hadath asghar (i.e. he should have wudhu after passing of gasses or after coming from toilet).
Tawaf of a person with hadath Akbar or asghar is null and void, whether willful or due to negligence, forgetfulness, or unawareness.
If hadath asghar occurs during tawaf (after the completion of the fourth round), he should stop and gain taharah. Afterwards, he should start from where he left off and complete the tawaf. If the hadath occurs before completing half of the fourth round, it is wajib to stop, gain taharah and then complete it. Likewise if hadath asghar occurs before half the fourth round (namely before completing the fourth round), he should stop, gain taharah and then complete it as ma fil-dhimmah.
Taharah from hadath akbar and asghar is not a precondition for a recommended tawaf.
If during tawaf, hadath akbar (such as janabah or haydh) occurs, the pilgrim should immediately leave the Masjid al-Haram. If this happens before half of the fourth round, he should complete it after ghusl. If it happens after half of the fourth round, he should again complete it after ghusl as ma fil-dhimmah.
If during the obligatory tawaf, the pilgrim has an excuse not to engage in wudhu or ghusl, it is obligatory to perform tayammum and then embark upon the tawaf.
If during the tawaf, he doubts whether he has performed the wudhu or the ghusl, he should disregard his doubt if he has already had taharah; otherwise, he should engage in taharah and complete the tawaf.
C. Taharah of the body and the clothes from nijasah or impurities
If during tawaf, the pilgrim’s body or clothes become najis in such a way that purification would is impossible while performing the tawaf, he should stop, purify the clothes or the body, immediately return, and complete the tawaf from where he left off. His tawaf would be correct.
Apparently the previous hokum also applies to a case in which he realises that his body or clothes have become najis during tawaf and supposes that nijasah has occurred during tawaf.
If he forgets about the nijasah in his body or clothes and performs the tawaf but remembers it during the tawaf or afterwards, he should, based on ihtiyat wajib, perform tawaf all over again.
The type of bleeding that is excusable during prayer is not excused in tawaf. Taharah is not requisite for items such as socks, skullcaps, handkerchiefs, and rings.
D. Covering naked parts of the body
Based on necessary precaution, covering naked parts of the body is a precondition of tawaf.
Circumcision is a prerequisite for men’s tawaf to be correct. This hukm applies to both the mature and the immature males.
Second: Essential Elements of Tawaf Are Seven In Number
A. Commencing at the Hajar al-Aswad (the Black Stone of the Kabah).
While commencing at the Hajar al-Aswad, all parts of the pilgrim’s body do not have to face all parts of the Hajar al-Aswad.
It is obligatory to start from any part of the Hajar al-Aswad and end where he started. For the sake of certainty, he can make the niyyah a little before the Hajar al-Aswad and start the tawaf while reaching its parallel areas and end where he started.
It is obligatory to start and end the tawaf at the Hajar al-Aswad in the commonly understood sense, whether at the beginning, the middle, or the end of it.
The seventh round should be completed at the point where one started the tawaf. As a result, if he started the tawaf at the beginning of the Hajar al-Aswad, he should end it at the same place. Likewise, if he started at the middle or the end, he should complete the tawaf at the same place.
As with all Muslims, the pilgrim should start the tawaf at the parallel areas of the Hajar al- Aswad without meticulousness shown by those having scruples. The seven rounds should be completed without any halt.
B. Ending each round at the Hajar al-Aswad
This can be done through completing the seven rounds without any halt. The seventh round should end at the same point where the pilgrim started the tawaf. It is not necessary to halt after each round and then commence a new round.
C. The Kabah should be on his left during tawaf
D. The Hijr Ismail must be included in tawaf
The Hijr Ismail must be included in tawaf. Hijr Ismail is linked to the Kabah and the pilgrim should circumambulate it.
If he does not circumambulate the Hijr Ismail and passes between it on all rounds, his tawaf will be null and void and should be performed all over again.
If in some rounds he does not circumambulate the Hijr Ismail, it is obligatory to repeat the relevant rounds. If this is not done and he continues the tawaf, the tawaf will be vain and void and must be performed all over again.
E. Tawaf should be performed between the Kabah and Maqam Ibrahim
It is held that tawaf should be performed between the Kabah and the rock called Maqam Ibrahim (Station of Abraham) on all sides. But based on the aqwa, there is no obligation in this act.
There is no limitation for mataf. Tawaf is permissible up to any part of the Masjid al-Haram in which tawaf would be regarded as the tawaf of Kabah. If there is no crowd and exigency, it is mustahabb to perform tawaf between Kabah and Maqam Ibrahim.
F. Covering the Kabah and whatever is part of it
There is a projected part called Shadhrawan around the walls of the Kabah. Shadhrawan is part of the Kabah and should be included in the tawaf.
It is permissible to place the hand on the wall of the Kabah at the Shadhrawan, and this act will not invalidate the tawaf.
It is permissible to place the hand on the wall of Hijr Ismail during tawaf and this act will not render the tawaf null and void.
G. The tawaf should consist of seven rounds, no more, no less
If upon returning to his country, the pilgrim realizes that his tawaf has been incompletely performed, he must return and correctly perform the tawaf and its prayers. If he cannot return, he should hire a naib.
If during tawaf, he faces hadath before reaching half the fourth shawt (namely reaching the parallel of the Kabah’s third pillar), he should dispense with the tawaf, perform wudhu, and start the tawaf all over again. If the hadath appears between half the fourth shawt and the end of this round, he should dispense with the tawaf, perform wudhu, and then engage in a complete tawaf as ma fil-dhimmah. If the hadath occurs after the completion of the fourth shawt, he should stop the tawaf, perform wudhu, and then carry out three other ashwat. If he faces hadath akbar during tawaf, he should immediately leave the Masjid al-Haram and perform ghusl. If the hadath akbar happens before completing half of the fourth shawt, his tawaf will be vain and void and should be performed anew. If hadath akbar occurs after completing half of the fourth shawt, he should perform a complete tawaf as ma fil-dhimmah.
If he mistakenly, negligently, or unknowingly performs the tawaf, without wudhu, his tawaf will be invalidated. The same applies to engaging in tawaf while in the states of janabah, haydh, and nifas.
If due to illness or brevity of time, a muhrim cannot perform the tawaf, he should be assisted and taken (by others) for tawaf. If this is not possible either, he should hire a naib.
Based on necessary precaution, muwalat should be observed during the tawaf. This does not apply to halting the tawaf after completing half of its rites to perform prayer and the like.
If during the obligatory tawaf, he halts for daily prayer after having completed at least half of the required rounds (namely three and a half ashwat), he should continue the tawaf from where he left off. If he has completed less than three and a half ashwat, based on ihtiyat, he should perform the tawaf all over again if the time gap is long. But if the time interval is not long, this ihtiyat might not be wajib and is mustahsan. In the relevant Ahkam, there is no difference between congregation or individual prayers or abundance or brevity of time.
Secondary Issues Related To the Tawaf
If upon completion of Hajj at-Tamattu, the muhrim realises that he has passed through the Hijr Ismail during several of the ashwat on tawaf of Umrah or Hajj, his Hajj will be correct, and he should only perform tawaf and its prayer all over again.
If after taqsir in Umrah Tamattu, he realises that his wudhu was null and void or was not performed and that he has, nonetheless, engaged in tawaf and its prayer, he should perform tawaf and its prayer anew, and thus his Umrah will be correct.
There is no problem in halting the tawaf. But based on ihtiyat mustahabb, the obligatory tawaf should not be halted in such a way as to disrupt its muwalat.
One who has to perform jabirah wudhu and tayammum but who has ignorantly completed Umrah rites without tayammum should perform tawaf and its prayer all over again.
If a woman’s hair or parts of body, which should be covered during tawaf, are deliberately uncovered, her tawaf will be correct but she has committed a sin.
It is permissible to perform the tawaf in the upper floor, which would be parallel to the ceiling of the Kabah. But based on ihtiyat, this should be dispensed with.
Chapter 5: The Tawaf Prayer
Upon completion of the Umrah tawaf, it is obligatory to recite two rakah of prayer similar to the morning prayer.
Based on the ahwat, the prayer should be performed immediately after tawaf.
It is obligatory to perform this prayer at Maqam Ibrahim. It is wajib to offer this prayer behind the Maqam such that the Maqam would stand between him and the Kabah. He should stand as close to the Maqam as possible, provided that he does not disturb others.
If due to overcrowding he cannot stand behind Maqam Ibrahim, he should stand at any point that would be considered as the Maqam’s back even, if it were far away. Possibly then the prayer would be correct in any part of the Masjid al-Haram.
If he forgets to perform the obligatory prayer of the tawaf, he should offer it at the Maqam Ibrahim’s back whenever he remembers it.
If he forgets to perform the tawaf prayer and realizes this while engaged in say between Safa and Marwah, he should stop the say at that very point, return, offer two rakah of prayer, and then complete the say from where he left off.
The person who has forgotten to perform the tawaf prayer should return to the Masjid al- Haram if he has not gone far away from Makkah and if he does not face any problems in returning to the Masjid al-Haram. Then he should offer his prayer. If he has gone far away from Makkah and if returning to the Masjid al-Haram causes him trouble, he should offer his prayer wherever he realizes that he has not already performed it.
The same prayer precepts mentioned for forgetfulness apply to those ignorant of the rites of tawaf prayer.
Tawaf prayer should be performed behind the Maqam Ibrahim and not on both sides of it.
Deliberate abandoning tawaf prayer invalidates the Hajj.
Question 1: Is it possible to perform other mustahabb prayer or acts of worship between tawaf and its prayer? What about congregation prayer?
Answer: It is obligatory to perform tawaf and it’s prayer consecutively. But an interval is to be taken as commonly understood such as the interval for nafelah prayers after offering the daily prayers.
Question 2: Could one perform the obligatory prayer of the tawaf simultaneous with the daily congregation prayer?
Answer: The legitimacy of reciting the tawaf prayer in congregation has not been prescribed.
Question 3: Can ghayr ul-mahram men and women stand behind Maqam Ibrahim to perform the tawaf prayer?
Answer: There is no problem if there is one wajib space between them or if the men stand a little ahead of the women.
Chapter 6: Say and Some of Its Ahkam
After performing the tawaf prayer, the muhrim should embark upon say between the two famous hills of Safa and Marwah.
Say refers to beginning at Safa going towards Marwah, and returning again to Safa.
The say between Safa and Marwah should be performed seven times, each of which is called shawt. That is to say, going from Safa to Marwah is one shawt, while returning from Marwah to Safa is another.
It is obligatory to begin the say, at Safa and end the seventh shawt at Marwah.
It is obligatory to perform the say after tawaf and its prayer.
If the distance between Safa and Marwah is made into two or several layers or strata, all of which are between the two hills, the pilgrim can engage in say from each layer or stratum.
It is obligatory to turn the face toward Marwah while going and to turn the face toward Safa while returning.
Say can be delayed after tawaf and its prayer to rest or proceed when the weather gets cool. Say can be delayed until the night without any excuse.
Say cannot be delayed until next day, unless there is a valid excuse.
Say is an act of worship and should be performed with pure niyyah for the satisfaction of Almighty Allah (SWT). If due to the forgetfulness of Hajj pilgrim increases the number of ashwat of the say by one shawt or more, his say is valid.
If he mistakenly performs less ashwat than required, he has to complete it whenever he recalls his mistake. In case he has gone to his homeland, he should return and perform it, if this does not cause him distress. If he cannot return or if returning involves distress, he should hire a naib.
If he forgets to perform the say in Umrah Tamattu, conceives that his Umrah rites have been completed, removes ihram, and then has intercourse with his wife, he should return and complete the say. Based on necessary precaution, he should offer a cow as kaffarah.
Secondary Issues Related To the Say
In case the pilgrim knows he should perform the say between Safa and Marwah seven times and begins from Safa with this intention but regards each instance of going and returning as one shawt, consequently performing fourteen ashwat, his say is acceptable, based on the aqwa.
If while performing the say he doubts the number of the shawt but continues the say and then comes to certainty and completes it, his say will be correct.
Haidh women who hire a naib for tawaf should personally perform the say, as the site of the say is not a mosque. They should also observe the order of tawaf and say.
The precept for mistakenly increasing the number of ashwat in say also applies to unknowingly performing more ashwat than required in say.
Question 1: A person was performing say. Suddenly he realized that the section marked for harwalah had been passed at normal speed. He conceived that harwalah was imperative and thus returned and assumed harwalah to go through those parts he had passed at normal speed. Is his say correct?
Answer: This should not be done with ikhtiyari. But in the aforementioned case, his say is correct, and he shoulders no obligation. Nevertheless, based on precaution, he should complete the say.
Question 2: A person performed say between Safa and Marwah five times, comprising a total of ten ashwat. When he realized what he had done, he stopped his say right there and then. He subsequently performed taqsir. Is his say correct or not?
Answer: His say is correct.
Question 3: While engaged in say a pilgrim doubts the number of the ashwat but nevertheless continues his say, trying to record the ashwat. After pondering and engaging in say for 100 meters or proceeding with the next shawt, he gains certitude about the number of the shawt. He completes the rest of the say with certitude. Is his say correct or not?
Answer: Yes, his say is correct and valid.
Chapter 7: Taqsir
Taqsir becomes wajib upon completion of say. Taqsir refers to clipping the nails or shortening the hair, mustachio, or beard. Shaving the hair (on the head) is forbidden and not required in taqsir.
Taqsir is also an act of worship and should thus be performed with pure niyyah for the satisfaction of Almighty Allah (SwT).
If a pilgrim forgets to perform taqsir until he gets into the state of ihram for Hajj, his Umrah will be correct. It is mustahabb (for him) to offer a sheep as sacrifice. Based on the ahwat, he should not abstain from offering this sacrifice.
If he intentionally or unknowingly abstains from taqsir until the time of getting into the state of ihram for Hajj, his Umrah will be null and void based on the aqwa. His Hajj will become the Hajj al-Ifrad. Based on necessary precaution, he should perform Umrah Mufradah after completing the Hajj al-Ifrad and carry out the Hajj the following year.
Tawaf an-nisa is not wajib in Umrah Tamattu. But based on precaution, tawaf and its prayer should be performed.
After the muhrim engages in taqsir, everything which had become forbidden to him due to ihram becomes halal, even intercourse with his wife. The only exception is shaving the head, which remains Haram.
Secondary Issues Related To Taqsir
Pulling out the hair is not sufficient for taqsir. Rather the hair should be shortened with whatever instrument.
In Umrah Tamattu, halq could not be substituted for taqsir. If halq is knowingly and intentionally substituted for taqsir, it would be a Haram act, and a sheep should be offered as sacrifice.
Question 1: A person performed Umrah Tamattu but instead of taqsir pulled out some hair, being certain that this would suffice. He has now completed the Hajj. Is pulling out the hair permissible? What should this person do?
Answer: Pulling out the hair cannot substitute for taqsir. If it is done knowingly and intentionally, kaffarah should be given. But if it is done unknowingly, it invalidates the Umrah, turning the person’s Hajj into Hajj al-Ifrad. If Hajj was obligatory for this person, he should, based on necessary precaution, perform Umrah Mufradah after the Hajj rites. He should embark upon Umrah Tamattu and Hajj the following year.
Ahkam Related To Umrah and Hajj at-Tamattu
Based on necessary precaution, Umrah Mufradah should not be performed after Umrah Tamattu and before Hajj at-Tamattu. But it would bear no problem for Umrah and Hajj at-Tamattu.
The pilgrim is not allowed to leave the Holy Makkah after Umrah Tamattu and before completion of the Hajj, unless there is an exigency. In this case, based on precaution, he should first become muhrim for Hajj and then leave Makkah. But if becoming muhrim causes him distress, he can leave without getting into the state of ihram.
People such as caravan attendants who have to enter and leave Makkah several times should perform Umrah Mufradah the first time they arrive in Makkah. They should perform Umrah Tamattu the last time they enter Makkah and go to Arafat to perform Hajj and wuquf after Umrah.
The impermissibility of leaving Makkah between Umrah and Hajj applies to the precincts of the present day Makkah. As a result, the pilgrim can go to any area that is presently part of the Makkah, though it was previously considered as being outside Makkah.
Turning Hajj At-Tamattu into Hajj Al-Ifrad
If for no good reason and intentionally he has not got into the state of ihram and invalidated his Umrah, he should, if time is short for Umrah Tamattu, perform the Hajj al-Ifrad, based on necessary precaution. Then he should engage in Umrah Mufradah and carry out the Hajj the following year.
A person who becomes muhrim for Tamattu in the obligatory Hajj but who deliberately delays it until he runs out of time should act in accordance with the precept put forward in item above.
Rites of Hajj At-Tamattu
Chapter 1: Ihram of Hajj At-Tamattu
Upon completion of Umrah, it is obligatory for the mukallaf to get into the state of ihram for Hajj at-Tamattu.
If he makes niyyah for Hajj at-Tamattu and pronounces the wajib labbayks (as already mentioned in the part on ihram for Umrah), he would become a muhrim and does not need to make the intention for ihram and for abstaining from the muharramat. He should not make the intention of doing anything that would invalidate the ihram.
Niyyah should be pure and sincere to satisfy Almighty Allah (SwT). Hypocrisy would invalidate the Hajj at-Tamattu.
Getting into the state of ihram and pronouncing labbayk is the same as mentioned in regard to ihram for Umrah.
Everything presented as muharramat for ihram is also haram in the ihram for Hajj at-Tamattu. Likewise, all which required kaffarah there would also need kaffarah in the Hajj at-Tamattu.
Time is ample for ihram. The pilgrim can delay it so long as he still has time for ikhtiyari wuquf in Arafah after ihram. He cannot delay it further.
Ihram for Hajj should be done in any part of Makkah, even in the newly built districts. Nevertheless, ihram in the Masjid al-Haram is afdhal.
The same precept, which applies to one who has not got into the state of ihram due to forgetfulness, applies to the person who fails to have ihram due to unawareness.
Hajj will be invalidated if a person knowingly and intentionally postpones ihram until the time for wuquf in Arafat and Mashar is over.
Question 1: The distance between some newly built districts of Makkah and the Masjid al-Haram is more than 18 kilometers. These might conventionally be deemed as suburbs of Makkah, not as parts of it, since traffic signs indicate the direction of Makkah. Is it then possible to become muhrim for Hajj at the aforementioned districts?
Answer: There is no problem if they are the districts of Makkah. But if they are not Makkah’s districts or if there is doubt about this, the pilgrim should avoid becoming a muhrim at these sites.
Chapter 2: Wuquf In Arafat
Wuquf is obligatory in Arafat, which is a famous place with commonly known bounds, with pure intention, as is the case of other acts of worship.
Based on the ahwat, wuquf in Arafat should commence at the zawal until maghreb. The pilgrim might be allowed delay from the zawal to recite the zuhr and asr prayers and make the preliminaries.
It is obligatory to be in Arafat from midday until sunset on the same day. But as already indicated, this is not entirely rukn to invalidate the Hajj if abandoned. Therefore, if the pilgrim engages in a brief wuquf, departs, and returns in the afternoon for wuquf, his Hajj will be correct, even if he deliberately and knowingly abstains from wuquf.
Mere presence in Arafat is the rukn for wuquf. This presence might be very brief such as one minute or two; therefore, if one does not at all go to Arafat, he has abstained from a rukn.
If one intentionally and knowingly dispenses with the rukni wuquf (namely if he does not have any presence in Arafat from midday until sunset), his Hajj will be invalidated.
If he deliberately departs from Arafat before sunset and leaves its precincts, he has committed a haram act. If he becomes repentant, returns, and engages in wuquf until sunset, he will not have to embark upon compensation.
If, however, he does not return, he should offer a camel as kaffarah to be sacrificed in the way of Almighty Allah (SWT) at any place. Based on ihtiyat mustahabb (recommended precaution), he should sacrifice the camel in Mina and on the day of Eid al-Qurban and his Hajj will be correct. If this is beyond his means, he should fast for 18 days.
If he mistakenly leaves Arafat, he should return before the time expires. If he realizes his mistake but does not return, he will be a sinner, yet he does not have to pay kaffarah. If he does not realize his mistake until the time expires, he does not have to offer kaffarah.
The same decree applies who leaves Arafat due to ignorance.
Realization of the obligatory stay (wajib wuquf) and not the rukni wuquf is the standard to measure the time for wuquf in Arafat, which converts the Hajj.
Chapter 3: Wuquf in Mashar Al-Haram
After completing wuquf in Arafat when the sun sets on the 9th of Dhul Hijjah, the pilgrim should go the Mashar al-Haram, which is a well-known place with specific limits.
After leaving Arafat, based on precaution, he should spend the night preceding the Eid al- Qurban until daybreak of the Eid in the Mashar al-Haram with the intention of submitting to the will of Almighty Allah (SWT) in spending the night there.
In the morning of Eid al-Qurban, he should make niyyah for wuquf in the Mashar al-Haram until sunrise. This is the extent of wajib wuquf. As this wuquf is an act of worship for Almighty Allah (SWT), it should be based on sincere niyyah without engaging in hypocrisy and show-off.
Those having excuses, such as women, children, the ailing people, old men, the physically weak and those who need nurses and guides, can leave the Mashar al-Haram for Mina after some halt in the Mashar at night.
Chapter 4: Wajibat of Mina (Obligations of Mina)
First: Ramy of Jamarat al-Aqaba
Ramy of Jamarat al-Aqaba refers to throwing pebbles at the symbolic Satans that are located in Mina.
The pilgrim should use pebbles for ramy. These should not be very small such as gravel. Nor should they be very large. The pebbles should be of stone not of other material like clod, potsherd, and gems. However, different types of stones, even marble, can be used.
The pebbles should belong to the Mashar al-Haram, and those outside the Mashar are not acceptable.
The pebbles must be new, that is to say they should not have been used for ramy in the past years.
The pebbles must be mubah; therefore, usurped pebbles or those procured by others for personal use are not sufficient.
Ramy should be done from sunrise until sunset of the day of Eid al-Qurban. If the pilgrim forgets to perform the ramy on this day, he can carry it out until the 13th. If he cannot carry it out by then, he should, based on necessary precaution, carry it out in person or through deputation. The following year, he or his naib should perform its qadha.
Several things are obligatory in ramy:
a. Niyyah, which should be sincere without hypocrisy or show-off, both of which invalidate the ramy.
b. The pebbles should be thrown. Going close to the jamarah and placing the pebbles on it would not be sufficient.
c. The pebbles, being thrown, should hit the jamarah.
d. Each ramy must be carried out using seven pebbles.
e. The pebbles should be gradually and consecutively thrown. In this case, there would be no problem if they hit the jamarah at the same time. But all or a few of the pebbles should not be thrown at the same time, even if they consecutively rather than simultaneously hit the jamarah.
If the pilgrim throws a pebble but does not hit the jamarah, he should throw it anew, even though at the time of ramy he conceived that the pebbles had hit the jamarah. Therefore, if there are other things installed close to the jamarah and he has mistakenly thrown the pebbles at them, the ramy should be repeated, even if next year and by the pilgrim’s naib.
Those who have excuses not to engage in ramy during the day can perform it anytime at night.
Second: Dhibh Is Obligatory In Mina
One who performs the Hajj at-Tamattu should offer a hady (i.e. a camel or a cow, or a sheep) for dhibh. Camel is preferable.
Apart from the aforementioned three animals, other animals do not meet the requirements of dhibh.
Several points apply to the hady:
a. It should be free of any defect
b. It should have all bodily organs
c. Its inner horn should not be broken
d. It should not be thin
e. It should not be castrated
It is not a condition for the hady to have unmutilated testicles, unless it reaches the point of castration. All bodily organs such as testicles and ears or horns and tail that are natural to the relevant animals should be found in the hady; otherwise, it would be regarded as defective. The hady does not have to be young.
If the hady is a camel, it should have entered its sixth year. If the hady is a cow, based on necessary precaution, it should have entered its third year. The same applies to a goat. Based on necessary precaution, an ewe should have entered its second year.
Dhibh should be per after ramy jamarah.
Based on necessary precaution, dhibh of hady should be performed on the day of Eid al-Qurban and not afterwards.
If due to an excuse, such as forgetfulness or others, he forgets to perform the dhibh on the day of Eid al-Qurban, he should, based on necessary precaution, engage in dhibh during the tashriq period. If not possible, dhibh should be carried out in the remaining days of the month of Dhul Hijjah.
If the pilgrim engages in dhibh of a hady which he conceives to be sound and healthy and later realizes that it was sick or names (defective or having some bodily deficiencies) his dhibh will not suffice and he has to do it all over again if he can afford it.
Based on necessary precaution, the naib for dhibh should be a Shiite, unless the pilgrim himself makes the niyyah for dhibh and hires a naib only to perform the dhibh.
Dhibh is also an act of worship and entails pure niyyah to submit to the will of Almighty Allah (SWT).
Secondary Issues Related To the Hady
It is not permissible to deliberately delay the dhibh until after the day of Eid al-Qurban, unless there is an ahwat. But if the pilgrim intentionally, unknowingly, or mistakenly delays it, he should offer the dhibh during the tashriq period.
Based on precaution, the person who has accepted the niyabah of the mukallaf should personally conduct the dhibh.
Under the present conditions, offering the sacrifice at the new places for slaughter is correct and permissible.
If a man offers the dhibh on behalf of his wife or another person without having their wikalah and supposing to have implicit permission from them, the dhibh will not be correct. Based on necessary precaution, he should not suffice with the dhibh of the naib if prior permission has not been obtained from the one who hired the naib.
Iron and stainless steel (knives) should be used for dhibh. If the pilgrim doubts whether the knife or other instruments are made of iron or not, he should come to a certainty (and then perform the dhibh).
Question 1: What duty is shouldered by a person who has given his sheep to a non-believer for dhibh and who has performed halq and other subsequent rites and then realised that a non- believer has conducted dhibh for him?
Answer: There is no need to perform dhibh all over again if the naib is hired for the mere practice of dhibh. But if the naib had niyabah for both the practice of the dhibh and the niyyah for dhibh, it should be performed all over again. Then halq and other subsequent rites will be correct.
Question 2: What happens if a person mistakenly, unintentionally, or unknowingly fails to observe the specific order of the rites of the day of Eid al-Qurban?
Answer: It is obligatory to observe the specified order of the Mina rites. This order cannot be intentionally abandoned. If, however, one had not followed the order, obviously it is not obligatory for him to repeat the rites he had performed without observing order. But order should be observed based on precaution.
Question 3: What should be done if after dhibh and before or after completing the remaining Hajj rites, the pilgrim realizes that the age of the hady was less than required?
Answer: He should offer dhibh anew.
Third: Taqsir Is Obligatory In Mina
After dhibh, each mukallaf has the choice to either shave his head or shorten his, nail or hair.
Women should cut some locks of their hair or clip nails and should not shave their heads. Based on the ahwat, women should both clip their nails and cut some locks of their hair.
One who has gone on Hajj for the first time has the choice to either shave his head or perform taqsir. But based on the ahwat complete shaving of the head (halq) should be carried out.
Shaving the head and taqsir, being acts of worship, should be carried out with pure intention to submit to the Will of Almighty Allah (SwT). They would not be correct without pure intention and in such a case they would not make halal (permissible things which normally become halal after such acts).
Shaving the head and taqsir should be carried out in Mina and it is not permissible to voluntarily perform them elsewhere.
Based on precaution, the head should be shaved and taqsir should be performed on the day of the Eid, even though the pilgrim might be allowed to delay them until the end of the tashriq period.
In Mina, it is obligatory to primarily engage in ramy jamarah, then dhibh, and then taqsir or halq.
If the pilgrim does not observe the required order (of the Hajj rites), he has committed a sin. But obviously, he does not have to repeat those rites whose orders he has not observed, though their repetition would be in accordance with ihtiyat.
Secondary Issues Related To Halq or Taqsir In Hajj
Based on necessary precaution halq or taqsir should not be postponed until the night. If the pilgrim fails or forgets to perform them on the day of the Eid, he should carry them out on the night of the 11th of Dhul Hijjah. And this would suffice.
One who wants to shave the head of another person cannot do so before he performs his own halq or taqsir. Removing the hair of another person is not permissible until one obtains relief from ihram.
One who has conducted halq in a place other than Mina and performed the subsequent rites has not become a muhill and should perform the subsequent rites all over again.
One who has, for some reason, postponed dhibh to after the Eid does not have to delay halq or taqsir. Based on precaution, halq and taqsir should be performed on the day of the Eid. But the tawaf al-Hajj would be invalid if performed before halq or taqsir.
Question 1: Would rites of Makkah be correct for those who came to Makkah after performing halq and taqsir, carried out Makkah rites such as tawaf, say, and tawaf an-nisa and then realised that their halq and taqsir was not carried out in Mina?
Answer: In such a case, their Makkah rites are incorrect and should be performed all over again.
Chapter 5: The Obligations after the Rites of Mina
Rites that is obligatory to be performed in Makkah:
a. Tawaf al-Hajj known as tawaf
b. Tawaf prayer
c. Say between Safa and Marwah
d. Tawaf an-nisa
e. Prayer of tawaf an-nisa
The tawaf al-Hajj, its prayer, say, tawaf an-nisa and its prayer should he performed exactly as already indicated in the part of tawaf al-Umrah and its prayer and say. Only the niyyah would be different here. The pilgrim has to make niyyah for tawaf al-Hajj, it say and tawaf an-nisa.
If Mina rites were performed in advance due to excuses, they would suffice, unless the excuses become invalid later. For instance, a woman (who thought her monthly period would start) does not become haydh, a sick person recovers, and overcrowding is not as such to cause annoyance. Thus in such cases, it is not exigent to perform the rites all over again. But performing them all over again is in accordance with the ahwat.
A separate tawaf an-nisa is obligatory for Hajj and for Umrah Mufradah.
Question 1: A person has forgotten to perform tawaf an-nisa for Umrah Mufradah and has become muhrim for Umrah Tamattu. Should he perform the forgotten tawaf an-nisa before or after Umrah Tamattu rites?
Answer: He can perform it after the Tamattu rites. If tawaf an-nisa is delayed it would bear adverse impacts and the Hajj will not suffice.
Question 2: A person who has not performed the tawaf an-nisa of Umrah Mufradah is to carry out the Hajj al-Ifrad subsequently. Would tawaf an-nisa of the Hajj al-Ifrad suffice for him or not?
Answer: It will not suffice.
Chapter 6: Staying Overnight in Mina
It is obligatory for the pilgrims to spend the nights preceding the 11th and 12th of Dhul Hijjah in Mina. That is to say, they should stay there from sunset until midnight or from midnight until sunrise. Those who hold vigil in Makkah and engage in worship until the morning without doing anything else other than what is exigent (such as eating and drinking as needed, and renewing the wudhu) do not have to spend the nights preceding the 11th and the 12th in Mina.
Remaining in Mina for the said three nights could extend from the evening until midnight or from midnight until sunrise.
Staying overnight in Mina is an act of worship and should be performed with pure intention for the satisfaction of Almighty Allah (SWT).
One who abstains from remaining in Mina on the nights, which are obligatory, should sacrifice one sheep for each night he misses.
Based on precaution, the sacrifice should be offered if the pilgrim fails to spend the night at Mina either knowingly and deliberately, or forgetfully and unknowingly.
The kaffarah for hunting should be offered in Makkah during Umrah and in Mina during Hajj. Based on precaution, the same should apply to other instances of kaffarah.
Question 1: What would happen if one stays overnight in a place other than Mina? Are those ignorant of this precept excused or not?
Answer: He should offer a sacrifice. Based on precaution, there is no difference between those aware and those ignorant of this precept.
Question 2: After performing the threefold rites of the day of the Eid, a pilgrim wants to go to Makkah to perform the tawafs. But he knows that if he goes to Makkah he would not be able to spend the first three hours of the required period in Mina. Should he go to Makkah or not? Does he have to pay kaffarah for going to Makkah (in this case)?
Answer: In this case, there is nothing wrong with going from Mina to Makkah. But kaffarah should be given for delay. Unless he spends the entire second half of the night in Mina.
Chapter 7: Ramy Al-Jamarat
Ramy al-Jamarat should be performed on the days following nights that are obligatory to be spent in Mina. Ramy al-Jamarat means throwing pebbles at the three Jamar or the symbolic Satans, namely the ones in the front, the middle, and the rear.
The pilgrim should daily throw seven pebbles at each jamarah. The manner, condition, and obligations of ramy have already been presented in the previous part on Jamarat al-Aqabah.
Pebbles should be thrown from sunrise until sunset on the morrow of the night the pilgrim spends in Mina. Ramy should not be carried out at night.
People with excuses not to perform the ramy during the day, such as shepherds, sick ones, impotent individuals, and those fearing something such as the huge crowds, are allowed to perform the ramy on the night of the same day or on the next night.
Ramy should be carried out in order. The front, the middle, and the rear jamarah should be respectively hit with pebbles.
A person who forgets to perform the ramy and leaves Mina should return and perform the ramy. If he cannot return, he should hire a naib. If the tashriq period has passed, he should return, based on necessary precaution, and perform ramy or hire a naib. He or his naib should perform the qadha the following year.
Secondary Issues Related To the Ramy
Women and their caretakers, as well as weak people, who are allowed to arrive in Mina from the Mashar al-Haram after midnight can engage in ramy at night, if they have excuses not to perform it during the day. Women are allowed to engage in ramy at night.
Ramy al-Jamarat can be done from the upper floor, though, based on recommended precaution (ihtiyat mustahabb), it should be conducted from the conventional place of the past (ground level).
Those who have excuses not to engage in ramy on the day of the Eid can do so on the preceding or following night of the Eid. If they also have excuses not to conduct ramy on the 11th of Dhul Hijjah, they can perform the relevant ramy of the 11th on its night.
Question 1: Can one conduct the ramy at night without having any excuses? If ramy at night is correct, does it involve a sin? Likewise, although delay in dhibh on the day of Eid al-Qurban is aright, does it involve a sin?
Answer: Ramy cannot be done at night without an excuse. If one does not conduct ramy during the day without having a valid excuse, he would be committing a sin. Likewise, based on the ahwat, if he deliberately delays the dhibh and does not perform it on the day of the Eid, he would be committing a sin, though his dhibh would be correct.
Question 2: Can one throw the pebbles at the cement made part of the column?
Answer: If the cement-made part were conventionally regarded as a constituent of the column (jamarah), ramy would be correct.
Question 3: Due to overcrowding and possible dangers, is it possible to bring the women from Mashar to Mina after the midnight of the 10th of Dhul Hijjah, take them to jamarah Aqabah on the same night for ramy, return them to the tents, and again take them to the Jamarat close to the sunset on the 11th to perform the ramy of both the 11th and the 12th on the night of the 12th?
Answer: After wuquf in Mashar and arrival in Mina, women can perform ramy jamarah al- Aqabah on the night before Eid al-Qurban. But they could perform the ramy on the 11th and the 12th at night, only if they have excuses not to perform them during the day.
One has the option of qasr and itmam for the daily prayers all over the two holy cities of Makkah and Madinah. Apparently, the precept applies to the two cities as they stand, without any distinction between their former and new districts. But, based on the ahwat, in this case, one should suffice with the limits of the past Makkah and Madinah or rather the Masjidayn Sharifayn (The Masjid al-Haram in Makkah and the Masjid an-Nabi in Madinah).
If due to an excuse, such as illness, a pilgrim has failed to take off his stitched clothes in order to enter the state of ihram, he should make niyyah for Umrah and/or Hajj and pronounce the labbayk at the miqat or areas parallel to it. This would suffice. Whenever he is relieved of the excuse, he should remove the stitched clothes and enter the state of ihram. He, however, does not have to return to miqat, but, based on ihtiyat wajib, he should offer a sheep as sacrifice for having worn stitched clothes.
Kaffarah should be given to the poor and the needy.
A person who made intention for iqamah ashrah in Makkah retains his intention upon going to Arafat and Mina and returning. His Prayer would be itmam at all these sites.
Question 1: Should prayer be performed all over again if a person has engaged in istidarah prayer in the Masjid al-Haram such that he faced the congregation prayer leader or stood on his sides?
Answer: There is no need to perform it all over again and it is permissible.
Question 2: In Purifying the Masjid al-Haram, the nijasah is removed and it is then washed with water. Qaleel water is used to wash each side and one becomes aware of the nijasah of the entire Masjid. Can one engage in sajdah on those stones due to distress or difficulty or some other reason?
Answer: One cannot gain awareness (about this issue) and should disregard any doubt that may arise.
Question 3: A pilgrim, after performing all the rites of Umrah and Hajj, realised that his wudhu was null and void. Would his Hajj be considered correct if he makes provisions for the tawafs and prayer? Supposing that his Hajj would become invalidate, how should he be relieved of ihram, and what duty does he shoulder?
ANSWER: Yes, by making provisions for the tawafs and the prayer his Hajj would be correct.