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Manasek Hajj
According to the Fatwa of :
Ayatullah al-Uzma
Seyed Ali Hossaini Seestani
Translated by :
Haj Mortaza Lakha
Reviewed by :
Hujjatul Islam Wal-Moslemeen
Seyed Fazel Milani
OBLIGATION TO PERFORM HAJJ
It is clear from the Holy Quran and the traditions that performance of Hajj is obligatory on every person who has attained puberty and has the requisite wealth stated below.
Hajj is one of the basic principles of the religion; its performance is one of its essentials, and its non-performance, after recognition of it being obligatory, is a grave sin. Denial of the obligatory nature of Hajj, when there is no room for any doubt about it, is blasphemy (kufr). Allah states in the Holy Quran, "Allah has made it obligatory on those who can afford and are able to make the journey to perform the pilgrimage; and if anybody denies it, then Allah is above all the universes. "
Sheikh Kulayni has reported authentically that Imam Sadiq (a.s.) has said, " Whoever dies without having performed the obligatory pilgrimage when he was not prevented by lack of means or illness or a Sultan, dies a Jew or a Christian." Indeed, there are many reports on the pilgrimage being obligatory and its importance, but the brevity of this work does not permit setting them all out so that we confine ourselves to the verse and the report above cited.
In religion the performance of the pilgrimage is obligatory on a person once only and is known as Hijjatul Islam.
Rule 1:
Performance of the pilgrimage becomes obligatory immediately in the year in which the conditions for it are ascertained to have realised.If one fails to perform it, deliberately or for an excuse, it must be fulfilled in the ensuing year, and so on. Postponing it without valid reason is a grave sin.
Rule 2:
When proceeding to pilgrimage becomes obligatory, one must make all the preparations and arrangements for the journey to be able to perform the ceremonies in time. If there are several groups one could join or flights one can take and one has confidence to reach in time if one joins any of them or takes any of the flights, it is permissible to join or take any of them, although it is preferable to chose the one that would definitely reach in time.
Rule 3:
If it was possible for a person to join the first group but did not do so in the confidence that the later group would reach in time but then was not able to join it or it would not have reached in time for the pilgrimage because of the delay, the obligation to perform the pilgrimage does not become fixed on him, even though his delay was excusable.
CONDITIONS WHICH MAKE HIJJATUL ISLAM OBLIGATORY
The First Condition: Puberty
Pilgrimage is not obligatory on any person who has not attained puberty, even if he was approaching it. A pilgrimage, performed by a child will not be counted as Hijjatul Islam, even if it is performed properly.
Rule 4:
If a boy of means leaves for pilgrimage and attains puberty before wearing ihram at the meeqaat, his pilgrimage is valid as Hijjatul Islam. However, if he attains puberty after wearing ihram and before the stay at Muzdalifah, he should complete the pilgrimage and it would be valid as Hijjatul Islam.
Rule 5:
If a person performs an optional pilgrimage believing himself not to have attained puberty but discovers during the pilgrimage or after its completion that he had already attained puberty, his pilgrimage will be counted as performance of an obligatory pilgrimage.
Rule 6:
It is recommended for a mature child to perform a pilgrimage but according to majority of the scholars it is conditional on the consent of his guardian.
Rule 7:
The consent of parents is not necessary for the validity of a pilgrimage of one who has attained puberty. However, if departure to perform a recommended pilgrimage displeases either or both of them, for the fear, for example, of the dangers in the journey, then it is not permitted to depart on a pilgrimage.
Rule 8:
It is recommended that in respect of a child, male or female, who is not intelligent, the guardian should make him or her muhrim, that is to say, help him wear the ihram, instruct him to recite the talbiyya and advise him to be reciting it if he is capable of understanding, or else he should recite it for him. He must also restrain him from all matter's which a muhrim must avoid. It is permissible to delay removing the clothes of a child till reaching Fakh if that route is taken. The child must then be instructed to perform all such acts in the pilgrimage that he can and the guardian should perform on his behalf what he is unable to do. The guardian should make the child perform tawaaf, saee between Safaa and Marwah, stay in Arafat and Macer, throw the stones if he is able to, else throw them on his behalf, recite prayers after the tawaaf, get his head shaved and the remainder of the acts.
Rule 9:
There is no objection to a guardian assisting a child to wear ihram although he is not in a state of ihram himself.
Rule 10:
It is apparent that it is recommended that the person who takes a child who is not intelligent on a pilgrimage as his guardian must be the person who has the right to custody of the child as set out in the law of marriages.
Rule 11:
If the expenses of the pilgrimage of the child exceed the usual amount, the excess is the responsibility of the guardian and not the child. However, if the guardian proceeds on pilgrimage the child becomes unprotected or if the journey is in the interest of the child, it is permissible to meet the expenses of the child from his own money.
Rule 12:
The cost of the sacrifice for the child is on the guardian and so is the penalty (kaffarah) for hunting. As for penalties which are attracted as a result of deliberate acts, they naturally would not fall on the child or the guardian nor would they be payable from the the child's money.
The Second Condition: Intelligence
There is no obligation on an insane person to perform a pilgrimage, even if the insanity is periodic. However, if the insane recovers during the pilgrimage period, is of means and is able to perform the ceremonies of the pilgrimage, then it is obligatory on him to perform the pilgrimage, even if he remains insane during the other periods.
The Third Condition: Freedom
The Fourth Condition: The Means
There are a few rules that need consideration under this head:
A: Time
This means that there must be enough time for proceeding to Makkah and staying throughout the obligatory periods. It is not obligatory to perform the pilgrimage if there are the means but not the time sufficient for the journey and stay for the obligatory ceremonies there or if making the time necessitates undergoing great difficulties beyond what is normal. In such circumstances, it is obligatory to set aside the funds to make the journey in the ensuing year. If there are the means in the following year, performance of the pilgrimage is obligatory, otherwise it is not.
B: Physical Health and Strength
If a person is unable to travel to the holy places by reason of disease or age, or unable to stay there for the specified periods because of extreme heat or is otherwise unbearable for him, it is not obligatory for him to set out for the pilgrimage personally but it is obligatory on him to send an agent to perform it on his behalf.
C: No Obstruction
'This means that the route must be open and safe so that there is no obstruction to reaching the meeqaat and no danger to the pilgrim, his property or honour. Otherwise, the pilgrimage is not obligatory. That is the rule for proceeding to the holy places. As for the return from those places, the rule will be set out under Rule 22 below.
However, if after wearing ihram an obstruction arises from reaching the holy places, like illness, enemy or the like, then there are special rules relating to such circumstances which will be discussed below.
Rule 13:
If there are two routes available for the journey to the pilgrimage, one which is safe and the other not, the obligation to perform the pilgrimage remains and the safe course must be taken, even if it is the longer route. However, if taking the longer route entails travelling to many countries, then such a situation would constitute an obstruction within the meaning of the preceding rule.
Rule 14:
If a person has property in his country which would perish or be lost if he went on pilgrimage, it is not obligatory upon him to do so. Similarly, it is not obligatory to proceed on pilgrimage if doing so is prohibited in religion, for instance if it would mean abandoning to do what is more important in religion than the pilgrimage, like rescuing a person from drowning or fire or if the journey is dependant upon commission of a sin, the avoidance of which is more important than the performance of the pilgrimage.
Rule 15:
if the performance of the pilgrimage will result in a sin, either by an comission to do what is obligatory in religion or the commission of a forbidden act a sin will have been committed which will have to be answered but it will remain unconnected with the pilgrimage which will be valid as a Hijjatul Islam if all the other conditions for its validity will have been observed. There is no difference in this regard whether the pilgrim was already liable to perform the pilgrimage or it became obligatory on him only in that year.
Rule 16:
If there is an enemy on the way to the pilgrimage and there is no defence against him except losing to him so much of one's property as to be onerous on the pilgrim, it is not necessary to lose the property and the obligation for the pilgrimage ceases. Otherwise, the obligation remains but it is not necessary to bribe so that the road is opened and the obstruction removed.
Rule 17:
If proceeding to the pilgrimage depends upon a journey by sea, the obligation does not cease except if there is also a real risk of drowning or illness. If the pilgrimage is performed despite the risk, it is valid.
D: Expenses for the Journey :
There must be sufficient funds to meet the expenses of the journey for eating, drinking and other necessities. The provision must be adequate for the return journey including the transport charges. The amount necessary would depend upon the position of the pilgrim.
Rule 18 :
Provision of the expenses and transport is not merely to meet the necessities. They are an unqualified condition for the pilgrimage even if the provision is not required by the pilgrim who, for instance, is capable of making the journey walking without any difficulty and to do so would not be beneath his dignity.
Rule 19 :
The measure of the expenses for the journey is what the pilgrim physically has with him. It is not obligatory for a person to raise funds to meet the expenses though his business or other sources. There is no difference in this regard between a close and distant journey.
Rule 20:
The condition as to the expenses for the journey relates to the expenses from the residence of the pilgrim and not his country of origin. For example, if the pilgrim had moved to Madina for business or other purpose and when he is there, he has the means for the journey or sufficient funds to meet its expenses, it is obligatory on him to perform the pilgrimage, even if he would not have had the means for the journey if he was to make it from his country.
Rule 21:
If a person has property for which he is unable to find a buyer at its real value and has to postpone the pilgrimage to be able to sell at its real price, he is not obliged to sell it immediately. However, if the expenses of the pilgrimage have already risen, for example the cost of transport in the year in which he has the means are higher than they would be in the following year, it is not permissible to postpone the pilgrimage.
Rule 22:
The provision of the expenses for the return journey is a condition for the pilgrimage only if there is intention to return home. If a person does not intend to return home and wishes to reside in another country, it is enough to have provision to reach him there. However, if the country to which he wishes to proceed is more distant than his home country, it is not necessary to have enough provision to reach him there, and to make the p ilgrimage obligatory he needs only to have sufficient funds to enable him to return to his country unless the pilgrim has no option but to proceed to the more distant country.
E: Availability of Means on Return
It must be possible for the pilgrim on his return to maintain himself and his family. It is clearly necessary that on his return the pilgrim should not have to fear poverty or inadequacy of means for himself or his family because of the expenditure out of his property during the journey to the pilgrimage. It is not obligatory on a person to proceed on a pilgrimage if by doing so he would need to expend for the journey a proportion of his property which is the means of maintenance for himself and his family. If he does not have alternative means of livelihood in keeping with his social status, it is clearly not obligatory on him to sell his property which he would need as a necessity of life, nor is it obligatory to sell his home which is in keeping with his position, clothes for decoration, the household furniture or tools of trade needed for livelihood like books necessarily required by a scholar for study. Generally, disposal of necessities is not necessary if to do so would cause distress and hardship. However, if he has excess of such items which he does not need to provide livelihood, it is obligatory to sell the excess in order to provide the expenditure for the pilgrimage. For example, if one owns a house of the value of eighty thousand pounds and it is possible to sell it and purchase another one for a lesser price without causing any strain, it is obligatory to do so and spend the excess sum produced in making the pilgrimage and returning and in the expenditure for the family.
Rule 23:
If a person has property which he needs it is not obligatory for him to sell in order to proceed on pilgrimage, but if he subsequently is able to do without, it becomes obligatory upon him to sell it and perform the pilgrimage. For example, a lady has a piece of jewellery which she needs and cannot do without but she reaches a stage when she is able to do without it, either because of old age or otherwise, it is obligatory on her to sell it and perform the pilgrimage.
Rule 24:
If a person owns a house and there is another house in which it is possible to reside without strain, like a waqf property conforming to his needs, it is obligatory to sell the house of ownership and perform the pilgrimage, even if the purchase price may need to be supplemented from his other property. This rule also applies to books of learning and other means of life.
Rule 25:
If a person has sufficient funds to embark upon the pilgrimage, but needs to marry, purchase a residence or satisfy any other need, it is not obligatory to perform the pilgrimage.
Rule 26 :
If a person is a creditor and he needs the money for the total or part expenses of the pilgrimage and the debt is already due, it is obligatory on him to demand it. If the debtor does not make payment, but the creditor is in a position to force him to make the payment even if it is by suing him in a court of law or if he raises a dispute but it is possible to set-off the sum against other payments due to the debtor, it is obligatory on the creditor to resort to such measures. Similarly, even if the repayment is not due, a demand should be made if the debtor would make payment upon the demand. However, if the debtor is impoverished or delays payment and it is not possible to enforce the payment or if doing so would cause distress, or if the debt is premature and the debtor is unwilling to settle it before the due date, then in these circumstances, if it is possible to assign the debt without causing harm or distress, one should do so and from the proceeds meet the expenses of the pilgrimage or supplement them, if necessary, from other property.
Rule 27:
For those carrying on a profession or a vocation like blacksmiths, builders, carpenters whose earnings are normally sufficient to meet the maintenance of themselves and their families, it becomes obligatory upon them to perform pilgrimage if they receive property from inheritance or other source which would be sufficient to meet the expenses of the pilgrimage and the maintenance of the family during his absence.
Rule 28:
If a person's livelihood is derived from religious dues like khums, zakaat, etc, and his income is assured without difficulty, it is obligatory on him to proceed to pilgrimage if he acquires sufficient funds for the return journey and maintenance of his family. The same rule applies if another person has undertaken to pay for his livelihood or if not with standing the expenditure on the pilgrimage there would be no difference in his lifestyle after the pilgrimage.
Rule 29:
If a person receives sufficient sum of money to cover the expenses of a pilgrimage by obtaining conditional ownership of property, it is apparent that the pilgrimage becomes obligatory on him if he can prevent the withdrawal of the ownership from him, for example; by selling the article subject of a revocable gift. Otherwise, whether the pilgrimage becomes obligatory depends upon the decision of the donor or the person vested with the right to exercise the condition which could result in withdrawal of ownership. If such person effects the withdrawal before the completion of the pilgrimage, then the pilgrimage will be deemed not to have been obligatory upon him.
Rule 30:
It is not necessary that the means be acquired from his own property but can be acquired by begging or be provided by another person. However, if the cloths for ihram during tawaaf and the prayers after tawaaf were acquired unlawfully, the pilgrimage is not valid. If the money paid for the sacrifice was acquired by unlawful means, the pilgrimage is not acceptable unless there was no special condition for the payment, for example payment be by specific coins, in which case the pilgrimage will be acceptable but the pilgrim will remain responsible for the unlawful money.
Rule 31:
It is not obligatory that the means be acquired. If a gift is made to a person which would provide him with the means for the pilgrimage, he is not obliged to accept it. Similarly if a person is offered employment which is compatible with his status and the remuneration from it would provide him the means for the pilgrimage, he is not obliged to accept it. However, if a person renders services during the journey to the pilgrimage and thereby acquires the means, performance of pilgrimage becomes obligatory.
Rule 32:
If a person undertakes to perform a pilgrimage for another person on remuneration and from its dues acquires sufficient means for himself to perform the pilgrimage, then if it was a condition of the performance of the pilgrimage for the other in that year, he must fulfil the pilgrimage for the other in that year. If at the time of the pilgrimage in the following year, he still has sufficient means to undertake the pilgrimage, it becomes obligatory on him to perform it in the ensuing year. However, if it was not a condition for the performance of the pilgrimage for the other that it be performed in the same year, then it is obligatory on him to perform pilgrimage for himself in that year, unless he is confident that he can perform it for himself in the ensuing year.
Rule 33:
If a person borrows money sufficient to cover the expenses of a pilgrimage, it does not become obligatory on him even though he would have the means to repay it on return from the pilgrimage, except if the loan is for a very long period for which debtors do not usually provide.
Rule 34:
If a person has incurred debts to the value of his entire property, it is apparent that it is not obligatory on him to perform a pilgrimage. There is no difference in this respect between prompt and deferred debts or whether it was incurred prior or subsequent to the acquisition of the means except when the debt is not repayable for a very long period, for example of fifty years, for which debtors do not usually provide.
Rule 35:
If there is khums or zakah due on a person and has funds which would not be sufficient to meet the expenses of the pilgrimage if he settled his khums or zakkat liability, it is obligatory on him to settle those liabilities and the pilgrimage is not obligatory on him. It is immaterial whether the liability is on the funds intended to be expended on the pilgrimage or is of arrears.
Rule 36:
If the pilgrimage has become obligatory on a person and there is liability on him of khums or zakah or other obligatory dues, he must first settle those liabilities and it is not permissible to proceed on pilgrimage without having settled them. If the cloths of ihram and what is spent on the sacrifice are from money bearing such liability, the ruling thereon have been explained in Rule 30.
Rule 37:
If he has some means but is uncertain whether they will be sufficient for the pilgrimage, as a matter of precaution he must make inquiries as to its sufficiency.
Rule 38 :
If a person has property sufficient to meet the expenses of the pilgrimage but is not available in cash or would be sufficient if it supplemented the available cash but there is no possibility of spending from the property or to sell it through an agent, then it is not obligatory to proceed on pilgrimage, or else the pilgrimage becomes obligatory.
Rule 39:
If a person has property which is sufficient to meet the expenses of the pilgrimage; it is obligatory to perform it if he is able to travel for pilgrimage in time. If he deals with the property in a way that he becomes without the adequate means and unable to accomplish the pilgrimage, it remains an obligation on him if he was certain that he could have proceeded on pilgrimage in time. In this case if disposes the property for a low price or by way of gift without consideration, the transaction itself is valid but he is in sin because he avoided the means which would have enabled him to perform the pilgrimage.
Rule 40:
It is not necessary that the pilgrim should own the means of the expenditure. He need only have available to him property from which he can lawfully expend. If it is enough to meet all the expenses and the other conditions for the pilgrimage are satisfied, it becomes obligatory on him.
Rule 41:
Just as it is necessary that there should be sufficient means to make the journey, so is it necessary that there should be funds available for the completion of the pilgrimage, indeed until return to one's home. If property of a person is destroyed in his country or during the journey, the pilgrimage is not obligatory on him. It will be manifest that he was not of means from the beginning. For example, if a debt becomes enforced on him for deliberately destroying the property of another and it would not be possible to compensate the victim if the available funds were to be utilised for the pilgrimage. However, if a person deliberately destroys the property of another, the obligation to perform the pilgrimage is not annulled but remains on his shoulders to be discharged. However,if he had property which was enough to make him of means and it is destroyed in his country, it will not be manifest that he was not of means from the beginning. it will be sufficient for him to perform the pilgrimage which will not become obligatory on him again.
Rule 42:
If a person has enough means but was unaware of it or was unaware that the pilgrimage had become obligatory on him, and remembers or become aware after the means have been utilised and not longer able to perform the pilgrimage, then he had a reasonable excuse for his ignorance or unawareness, the pilgrimage is not fixed on him, otherwise it is the apparent that the pilgrimage becomes fixed on him if the other conditions for pilgrimage become applicable and the means were available.
Rule 43:
Means sufficient for the pilgrimage is established not only by its acquisition but also if a sufficient amount is gifted to a person and it matters not in this regard whether the gift is from one person or a number of them if it is adequate in totality to meet the expenses of the pilgrimage and the maintenance of the family and there is no difference in this respect between the donor making the property lawful for use or settling it for the pilgrimage or between making an outright gift of property or making provision to meet the expenses.
Rule 44:
If a person bequeaths property to be expended on the performance of an obligatory pilgrimage by another, it is mandatory on the latter to do so after the death of the testator provided the legacy is adequate for the expenses of the pilgrimage and the family. Similarly, if a person creates a waqf or makes a nadhar (vow) or a bequest of property for performance of an obligatory pilgrimage and the trustee, the person fulfilling the nadhar or the executor gives the property to another to perform an obligatory pilgrimage, it is mandatory on the other to do so.
Rule 45:
It is not obligatory, in respect of a person who acquires the means for the pilgrimage through a gift, to be able to return from the pilgrimage in a condition of means. However, if he works especially during the pilgrimage time and the earnings made in that period provide for his expenses for the full or part of the year and he would not be able to meet the expenses for his livelihood if he accepts the gift and departs for the pilgrimage, he is not obliged to accept the gift, unless the gift covers his expenses.
Rule 46:
If a person makes a gift to another so that the latter proceeds to obligatory pilgrimage, it is obligatory to accept the gift. However, if the donor gives the donee the option of proceeding to an obligatory pilgrimage or not or makes the gift without any mention of an obligatory pilgrimage, expressly or impliedly, it is not obligatory on him to accept the gift.
Rule 47:
The existence of a debt is not incompatible with having sufficient means acquired by way of a gift. However, if the debt is due for payment and the creditor makes demand for it and the debtor is content to make the payment if he does not proceed on pilgrimage, it is not obligatory to perform the pilgrimage.
Rule 48:
If a person donates property to a group of persons so that one of them should perform an obligatory pilgrimage and one of them advances to accept the property, the remaining ones are released from the obligation. However, if all of them leave the property although each of them could have taken possession of it, then the obligation to perform the obligatory pilgrimage is fixed on all of them.
Rule 49:
It is not obligatory to accept a gift to make an obligatory pilgrimage unless the payment for it is a proper estimation of the expenditure. If the payment is for Hajj-e-Tamatoo but the gift is for Hajj-e-Qiraan or Ifraad, it is not obligatory for him to accept it and vice versa. Similar is the position if the gift is for an obligatory pilgrimage and the donee has already performed his obligatory pilgrimage. However, if he did not perform it when it was obligatory on him and his circumstances then changed and was now offered a gift to perform an obligatory pilgrimage, it is mandatory on him to accept the gift. Likewise, if there is a liability on him to perform a pilgrimage to fulfil a nadhr (vow) or otherwise but does not have the means to do so and is offered the gift to perform an obligatory pilgrimage it is mandatory on him to accept it.
Rule 50:
If a gift is made to a person to cover the expenditure of performing an obligatory pilgrimage and the property gets destroyed on the way to the pilgrimage, the obligation lapses. However, if it is possible to continue with the journey with his other property, it is obligatory on him to perform the pilgrimage and will be counted as part of the Hijjatul Islam. He may do so only if on his return to his family there will be means of livelihood for them, else he may not use his property for the pilgrimage.
Rule 51:
If a person authorises another to obtain a loan and proceed on a pilgrimage with the funds so obtained, it is not obligatory on him to seek one. However, if he receives such a loan, it becomes obligatory on him to depart for the pilgrimage.
Rule 52 :
The price of the sacrifice is included in the expenses and if the donor does not pay for it but meets the remainder of the expenses, it is not obligatory on the donee to perform the obligatory pilgrimage provided the donee cannot afford to pay the price of the sacrifice himself. However, if the purchase of the sacrificial animal by the donee would cause embarrassment to him, it is not obligatory to accept the gift. Obviously, if any penalty (kaffarah) is incurred in the course of the pilgrimage, it is the exclusive obligation of the donee to discharge it.
53:
An obligatory pilgrimage performed with property gifted to the pilgrim is valid to constitute Hijjatul Islam and even if the pilgrim acquires means thereafter, he is not obliged to perform the pilgrimage again.
54:
It is possible for a donor to withdraw his gift before or after the donee wears ihram but if he withdraws after the donee wears the ihram, it is obligatory on the donee to complete the pilgrimage if he actually has the means to do so and the donor will become the guarantor to reimburse him for all his expenses. If the donor withdraws the gift while the donee is on the way, he is responsible to pay for the expenses of the return journey.
55:
If Zakah money is given to a person in the way of Allah and in the public interest with, as a matter of precaution, the permission of a mujtahid, to perform an obligatory pilgrimage, it is mandatory on him to do so but if he is given the money from the share of Sadaat or Zakah money from the share of the poor on the condition that he should spend it on an obligatory pilgrimage, the condition is invalid and the pilgrimage is not obligatory on him.
56:
If a person is gifted property from which to perform an obligatory pilgrimage and it later becomes known to him that it was unlawfully obtained by the donor, the pilgrimage is not valid and the true owner is entitled to reclaim it from the donor or donee. If he claims from the donee and the donee is unaware of the true ownership he should revert to the donor; if he was aware he would have no right to revert.
57:
If, without means, a person performs an obligatory pilgrimage for himself or another, either gratuitously or for reward, it is not valid as a Hijjatul Islam and it is obligatory on him to perform a pilgrimage when he acquires the means.
58:
If a person believes that he does not leave the means for the pilgrimage to be obligatory on him but performs it in obedience to the command of Allah intending it to be accepted and later learns that he was of means, his pilgrimage is valid and there is no need for a second pilgrimage.
59:
If a wife has the means, consent of her husband is not a condition for her performance of an obligatory pilgrimage, just as it is not permissible for a husband to forbid his wife to perform an obligatory pilgrimage. However; he can forbid her to leave sooner than necessary if there is sufficient time for the pilgrimage. The same rule applies to a lady who has been granted a revocable divorce if she is in iddah.
60:
It is not a condition for a lady performing an obligatory pilgrimage to be accompanied by a male within the prohibited degree (who is her mahram) provided her safety is secured. If not, she must be accompanied by a male within the prohibited degree even on remuneration, if that is possible. If not, the pilgrimage is not obligatory on her.
61:
If a person makes a nadhar (vow) to visit the shrine of Imam Hussain (a.s) each year on the day of Arafaat and subsequently becomes of means, the vow lapses and he must perform the obligatory pilgrimage. This rule applies in respect of every vow which affects the performance of the obligatory pilgrimage.
Rule 62:
A person of means must perform the obligatory pilgrimage personally if it is possible for him to do so and it is not permissible for someone else to perform it for him, gratuitously or for payment.
63:
If a person is liable to perform an obligatory pilgrimage but is unable to do so by reason of illness, senility, infirmity or other restraint or the performance of it would cause anguish and there is no hope that he would be able to perform it himself without anguish, it is obligatory on him to appoint someone to perform it on his behalf. Such is also the rule if he is wealthy but is unable to undertake the performance of the pilgrimage personally or that to do so would cause him great difficulty. Once it becomes obligatory to appoint another person to perform the pilgrimage for him, it must be done immediately just as the performance of the pilgrimage itself must not be delayed.
64:
If a person proceeds on a pilgrimage as an agent of another who is disabled from doing so himself and the principal dies while the agent is in the performance of the pilgrimage, the pilgrimage of the agent will be valid, although the pilgrimage had become obligatory on the principal. If, per chance, the disability ceases before death, it is preferable that the , pilgrimage be performed personally, if possible. If the disability ceases after the agent has worn ihram, it is obligatory on the principal to perform the pilgrimage himself even though the agent must complete the ceremonies, as a matter of precaution.
65:
If it is not possible for a disabled person to appoint an agent to perform on his behalf, the obligation to perform the pilgrimage lapses. However, if the pilgrimage had become obligatory on him, it is obligatory to have it performed after his death. Moreover, if it was possible to appoint an agent and he does not do so until his death, it is obligatory to have the pilgrimage performed after his death.
66:
If it becomes obligatory to appoint an agent but one does not, the performance by another person of a pilgrimage on his behalf gratuitously does not discharge the obligation and it remains obligatory on him to send an agent as a matter of precaution.
67:
It is sufficient to appoint an agent from the meeqaat' and it is not necessary that he be sent from the home country.
68:
If the pilgrimage becomes obligatory on a person and he dies after wearing ihram in the Haram, he will be deemed to have accomplished his pilgrimage. If he dies in the course of the Umrat-ul-Tamatoo, he will also be deemed to have performed the pilgrimage and there is no obligation to have it performed after his death. However, If he dies before entering the Haram, it is obligatory to have the pilgrimage performed again (qadha) even if the death occurs after his having worn ihram but before entry into the Haram or even after the entry into the Haram if he did so without ihram. This rule is especial to the Hijjatul Islam and does not apply to other pilgrimages which have become obligatory, by, for example, a vow (nadhr) or by reason of deliberately invalidating an obligatory pilgrimage (ifsad). Nor has it any application to the Umrat-ul-Mufradah. Whoever dies after wearing ihram in the Haram in the performance of the pilgrimage, there is no doubt that he will be deemed to have performed the Hijjatul Islam but if he dies before then, it is clear that the pilgrimage would have to be performed again for him by way of qadha.
69:
It is obligatory on a non-believer of means to perform a pilgrimage even though it is not acceptable so long as he remains a non-believer. However, if he loses the means before being converted, the pilgrimage is not obligatory on him.
70:
The pilgrimage is obligatory on a Muslim who becomes apostate but its performance in apostasy is invalid. If he repents, it becomes valid even if the apostasy is innate arising out of his clan.
71:
If a non-Shia performs an obligatory pilgrimage and then becomes a Shia, it is not obligatory on him to perform the pilgrimage again provided he had performed the pilgrimage in accordance with the rules of the faith he then held or it was performed in accordance with our faith and he had the intention of closeness to Allah in the performance of the pilgrimage.
72:
If the pilgrimage becomes obligatory but is deliberately delayed and one loses the means, it is obligatory to perform it by any means possible, even begging but not to the stage of hardship and anguish. If he dies, the pilgrimage has to be performed for him by way of qadha even if someone performs it gratuitously for him instead of requiring reward.
De Making A Will Regarding Pilgrimage
73:
If a person on a deathbed has an obligation to perform a pilgrimage and has adequate means, he must make sure that it will be performed after his death, even by directing in his will and in the presence of witnesses. However, if he has no adequate means but thinks somebody will donate for his pilgrimage he must direct that in his will. If he dies, one must be performed from his gross estate as must also be done if he has made a general direction about it without qualifying that its expenses be defrayed from his bequeath able one-third. However, if he directs that the pilgrimage be performed from his one-third and the expenses can be met from the one-third of the estate, then the expenses must be paid for from that portion and must take precedence over all other directions in the will. If the bequeath able one-third of the estate is insufficient to meet the expenses of the pilgrimage, the balance must be defrayed from the entire estate.
74:
It has been said that if a person dies without having performed the obligatory pilgrimage but leaves a deposit with a person who fears that if he paid the deposit to the heirs, they will not have the obligatory pilgrimage performed on behalf of the deceased, it is obligatory on that person to perform the pilgrimage himself on behalf of the deceased and pay the heirs only the balance, if any, left after meeting the expenses of the pilgrimage. However, all this is arguable.
75:
If a deceased dies without having performed the obligatory pilgrimage and leaves debts and liability of khums and zakaah and his estate is not sufficient to discharge all these obligations, then if the property on which the khums and zakaah became payable is available, the khums and zakaah must first be paid from it. If there is khums and zakaah still payable, then the pilgrimage will take precedence over their settlement but the settlement of debts takes precedence over the pilgrimage.
76:
If a deceased dies without having performed the obligatory pilgrimage, it is not permissible for the heirs to spend for the estate without first meeting the expenses of the pilgrimage, whether the estate is sufficient to meet the expenses or not. However, there is no objection relating to transactions made after provision has been made for the expenses of the pilgrimage.
77:
If a deceased dies without having performed the obligatory pilgrimage and his estate is not sufficient to meet the expenses of having it performed, the available assets must be applied towards the repayment of debts, khums and zakaah and the balance be distributed among the heirs. It is not obligatory on the heirs to supplement the expenses of the pilgrimage from their personal property.
78:
If a deceased dies without having performed the obligatory pilgrimage, it is not necessary to pay for the expenses of the pilgrimage from the country of the deceased. It is sufficient to pay from the meeqaat. Indeed, it is sufficient to appoint an agent from the meeqaat closet to Makkah. As a matter of high precaution, if the estate is large, it is better to pay for the expenses from the country of the deceased. If the estate is very large and the heirs have decided definitely to have the pilgrimage performed, then expenditure from the estate is permissible. This is also the rule in respect of the debts of the deceased. However, if the cost from the country of the deceased is higher than the cost from the meeqaat, the share of the young heirs must not be utilised to meet the cost.
79:
If a deceased dies without having performed the obligatory pilgrimage, it is obligatory to have it performed in the year of the death. If it is not possible to find an agent from the meeqaat in that year, it is obligatory to send an agent from the country of the deceased and defray his expenses from the gross estate. It is not permissible to delay it to the succeeding year even if it is known that in the following year, it will be possible to engage an agent from the meeqaat. However, if the cost from the country of the deceased is higher than the cost from the meeqaat, the share from the young heirs must not be utilised to meet the cost.
80:
If a deceased dies without having performed the obligatory pilgrimage and it is not possible to obtain an agent at the ordinary fee, it is obligatory to engage one even at a higher than the usual remuneration and defray the expenses from the gross estate. It is not permissible for the heirs to postpone the pilgrimage to the following year even if some of them are young. However, if the cost from the country of the deceased is higher than the cost from the meeqaat, the share of the young heirs must not be utilised to meet the cost.
81:
If some of the deceased persons heirs consider that there was the obligation on the deceased to perform the pilgrimage and some do not, it is not obligatory on those who consider so to have the pilgrimage performed except to the extent of their shares of inheritance. If necessary, in the ultimate, they must litigate those who did not consider so in order that their shares in the estate are also utilised to defray the expenses. The same rule applies if there is a disagreement on a question of debt. However, if the shares of those who consider so are not adequate to meet the expenses of the pilgrimage, it is not obligatory on them to subsidise the deficit from their personal properties.
82:
If a person dies without having performed the obligatory pilgrimage, and a person performs one on his behalf gratuitously, it is not obligatory on the heirs any longer to have one performed themselves and the cost that would have been incurred on the pilgrimage will revert to the heirs for distribution among them. However, if the deceased had directed that the pilgrimage be performed from his bequeath able one-third, the cost that would have been incurred on the pilgrimage will not revert to the heirs but should be spent on some good cause or alms in his name.
83:
If a person dies without having performed the obligatory pilgrimage but directs in his will that an agent be appointed from his town to perform one, then it is obligatory to do so. However, the excess of the remuneration over what would have been paid if the agent was appointed from the meeqaat will be met from the bequeath able one-third of the estate. If, in the will, he directs that the pilgrimage be performed without more, then it is sufficient to appoint an agent from the meeqaat unless he expresses an intention that the agent be appointed from his town, for example by fixing a sum for the pilgrimage which would equal the remuneration for the agent from the town.
84:
If a deceased directs in his will that the agent be appointed from his town but the executor or heir appoints one from the meeqaat, the appointment is invalid, if the remuneration was being paid from the estate of the deceased. However, the obligation of the deceased will be discharged by the performance of the agent.
85:
If a deceased directs in his will that an agent be appointed to perform a pilgrimage from another town or country, for example, from Najaf, it is obligatory to act on it and the expenses in excess of what would have been payable to an agent appointed from the meeqaat will be met from the bequeath able one-third of the estate.
86:
If a deceased directs in his will that an agent be appointed to perform an obligatory pilgrimage on his behalf and fixes the remuneration, it is obligatory to act upon it. The remuneration should be paid from the gross estate if it does not exceed the usual remuneration, but if it does, then the excess must be borne by the one-third bequeathable portion.
87:
If a deceased directs in his will that an obligatory pilgrimage be performed on his behalf from an identified property and it is in the knowledge of the executor that there is liability of khums or zakaah on the property, these must first be settled from the property. The balance should then be applied towards the expenses of the pilgrimage. If it is not sufficient to meet the expenses, the deficit must be subsidised from the gross estate if the obligation of the deceased was for Hijjatul Islam, otherwise the balance must be spent in good cause of the kind in which the deceased would have wished to donate.
88:
If it becomes obligatory to appoint an agent to perform an obligatory pilgrimage on behalf of a deceased person and the one on whom it became obligatory delays the appointment so much that the property from which the appointment would have been made is lost, he is personally responsible and it is obligatory on him to appoint an agent from his personal property.
89:
If it is known that the pilgrimage had become obligatory on the deceased but it is doubtful if he had performed it, then it is obligatory to have it performed on his behalf and its expenses must be met from the gross estate.
90:
The obligation of the deceased is not discharged by the mere appointment of an agent to perform a pilgrimage on his behalf. If it becomes known that the agent did not perform the pilgrimage for good reason or not, it is obligatory to appoint another agent and meet the expenses from the gross estate. If the original agent was paid from the estate, it is obligatory, if possible, to recover the sum from him.
91:
If a person volunteers to become an agent and is prepared to charge a lesser than usual remuneration, he must be appointed if the payment is being made from the estate. Taking into account the size of the estate, an agent must be appointed on the basis of his respectability and nobility and for this purpose it is permissible to pay a higher remuneration.
92:
Whether the appointment of the agent is obligatory from the country of the deceased or meeqaat is determined by the mujtahid followed by the heir or the heir's ijtihad' and not of the deceased. If the faith of the deceased was that it was obligatory to appoint an agent from his country but that of the heir is that it is permissible to appoint one from the meeqaat, it is not obligatory on the heir to appoint one from the country of the deceased.
93:
If the pilgrimage had become obligatory on a deceased who does not leave any estate, it is not obligatory on the heir to appoint an agent; however, it is recommended specially for his relatives that they do so.
94:
If a deceased directs by his will that an obligatory pilgrimage be performed on his behalf and it becomes known that it was Hijjatul Islam, then the expenses must be paid from the gross estate unless he has expressly directed that the expenses be borne from the bequeathable one-third. If it becomes known to the one directed that the pilgrimage was other than Hijjatul Islam or if there is doubt on the matter, then the expenses must be paid from the one-third.
95:
If a deceased directs in his will that an obligatory pilgrimage be performed on his behalf and names the person to be appointed as the agent, then it is obligatory to comply with the direction. If the agent does not accept the appointment except for a higher than the usual remuneration, the excess must be borne by the one-third portion of the estate if the pilgrimage was Hijjatul Islam.
96:
If a deceased directs in his will that an obligatory pilgrimage be performed on his behalf and fixes the sum to be paid to the agent but the sum is such that it is not accepted by anyone, then if the obligation of the deceased was for Hijjatul Islam, it is obligatory to make up the difference from the gross estate. If it was not for Hijjatul Islam, the sum fixed for the remuneration must be used for a good cause of a kind in which the deceased would have wished to donate.
97:
If a person sells his house for a sum and makes a condition with the purchaser that he should spend the sum on the performance of an obligatory pilgrimage after his death, then upon his death the sum will form part of his estate. If the pilgrimage to be performed was Hijjatul Islam, the condition becomes operative and it is obligatory to spend the sum on the remuneration for the pilgrimage if it does not exceed the usual remuneration. If it does, then the deficit will be met from the one-third of the estate. If the pilgrimage was for other than Hijjatul Islam, the condition is still valid and the whole remuneration will be paid from the one-third. If the one-third is not sufficient to meet the expenses, the condition is not operative in respect of the shortfall.
98:
If a person donates, for example, his house to another on the condition that he should perform a pilgrimage on his behalf after his death, the condition is valid and operative. It ceases to be the property of the donor and will not form part of his estate after his death even if the pilgrimage is optional and the testamentary rules will not apply. The same rule applies to a transaction in which the owner of the house passes ownership to another so that after his death the other should sell the property and spend the proceeds to have a pilgrimage performed for him. In such a case, the condition is valid and operative even if the pilgrimage is optional and the heirs have no right in the property. If the donee fails to fulfil the condition, the right in the property does not shift to the heirs but to the executor or a mujtahid and if he cancels the transaction, the property reverts to the estate of the deceased.
99:
If an executor dies and it is not known whether he appointed an agent before his death, it is obligatory to appoint an agent from the estate if the pilgrimage is Hijjatul Islam and from the one-third if it is not. If the executor had taken possession of property to expend on the pilgrimage and it is available, it should be repossessed. If there is a doubt that the executor paid the agent from his property and then reimbursed himself from the property of the deceased and such property is not available, the executor is not responsible as there would be doubt that it may have been lost without being wasted.
100:
If the property is lost in the hands of the executor without waste on his part, he is not responsible and an agent must be appointed from the remainder of the estate if the pilgrimage is Hijjatul Islam and from the one-third if not. If the remainder had already been distributed among the heirs, a sum sufficient for the remuneration of the agent should be recovered from them in the proportion of their shares. The same rule applies if a person is appointed an agent and dies before the performance of the pilgrimage without leaving any estate or if it is not possible to recover from his estate.
101:
If the property is lost in the hands of the executor before the appointment of an agent and it is not known if it was lost by reason of the negligence of the executor, it is not permissible to exact compensation from the executor.
102:
If a deceased directs in his will that a certain amount be spent on a pilgrimage other than Hijjatul Islam and there is doubt that it is in excess of the bequeath able one-third, it is not permissible to spend the whole of the amount without the consent of the heirs.
THE RULES ON PILGRIMAGE BY AGENT (NIYABAH)
Rule 103: Qualifications of an agent:
First: Puberty: An obligatory pilgrimage performed by a minor as an agent of another is not valid, whether it is Hijjatul Islam or any other even if the minor is intelligent. However, it may be correct to say that an optional pilgrimage performed by a minor as an agent of another with the approval of his guardian is valid.
Second: Intelligence: - A pilgrimage performed as an agent by a person of unsound mind is not valid, whether the disease is permanent or intermittent if the pilgrimage is performed when affected. However, there is no objection to him performing as an agent of a lunatic.
Third: Faith - As a matter of precaution, a person who is not a twelver cannot become an agent even if he were to perform the pilgrimage in accordance with the rules of our faith.
Fourth: There must be no obligation on the agent himself, which he would be carrying out, to perform an obligatory pilgrimage in the year in which he is appointed. If he is unaware or unmindful of his obligation he can be appointed an agent. This condition affects the validity of the appointment of the agent, not the validity of the pilgrimage of the agent. Thus, even if there was an obligation on the agent to perform a pilgrimage personally, the obligation of his principal for the performance of the pilgrimage will be discharged. However, the agent will not be entitled to the stipulated remuneration but only the usual amount.
Rule 104:
It is not necessary that the agent should be righteous (Adil) but he must be reliable in the performance of the pilgrimage on behalf of the principal.
Rule 105:
The principal on whose behalf the pilgrimage is performed will become discharged from his obligation only upon the valid completion of the pilgrimage by the agent. It follows that the agent must be conversant with the performance of the pilgrimage and its rules even if by following the guidance of another in all the ceremonies. When a doubt arises in his performance of the ceremonies during the pilgrimage, he can ignore it.
Rule 106:
There is no objection to the appointment of an agent for an intelligent minor or a person of unsound mind. Indeed, an agent must be appointed if the pilgrimage became obligatory on a person of unsound mind during his period of sanity but died insane.
Rule 107:
There is no requirement that the principal and agent should be homogeneous. The appointment of a male agent for a female principal and vice versa is valid.
Rule 108:
There is no objection in appointing as an agent a person who has not been to a pilgrimage before, whether the principal had been on pilgrimage before or not. The gender of the agent or the principal does not matter. Some scholars say that it is discouraged to appoint as an agent a person who has not been on a pilgrimage before, but this is not proved. However, in the case of a principal who is is alive but has not been able to perform the Hijjatul Islam or had a pilgrimage fixed on him but died before performing it, it is preferable to appoint as an agent a person who has not been on pilgrimage before.
Rule 109:
It is necessary that the principal must be following Islam and the appointment as an agent for an infidel is invalid even if the infidel has died with means. If his heir is a Muslim, it is not obligatory on him to appoint an agent to perform an obligatory pilgrimage for the deceased and an enemy of Ahlul Bait is also regarded as an infidel except that it is permissible for a son of such a person himself to perform an obligatory pilgrimage for his father if he is a twelver, but not for the relatives. However, a twelver can perform a pilgrimage and dedicate it to a relative who is an enemy of Ahlul Bait.
Rule I10:
There is no objection in appointing an agent to perform an optional pilgrimage for a living person, whether gratuitously or for reward. The same is the rule in respect of an obligatory pilgrimage for a person who is disabled from performing it personally. Except for this reason it is not permissible for a living person to appoint an agent to perform a pilgrimage on his behalf. An appointment of an agent for a dead person is always valid, whether gratuitous or for reward and whether for an obligatory or an optional pilgrimage.
Rule 111:
It is necessary for the validity of the agency that the intent must be to perform the pilgrimage on his behalf. A principal who should be a definite and identified person. Although it is not necessary that his name be uttered, it is recommended that the principal be remembered in all the ceremonies.
Rule 112:
Just as the performance of an obligatory pilgrimage is valid whether it is gratuitous or by permission, so is it valid if it is for reward or in fulfilment of a condition of marriage.
Rule 113:
It is apparent that the agent must act as if the pilgrimage is for himself with regard to the rules on disabilities and as they would have applied to him in his pilgrimage and also the rules relating to the order of the ceremonies.; In the result a pilgrimage can be valid in one case but not in another. For example, if the disability occurs during the stay at Arafaat, he can choose the emergency stay and the pilgrimage is valid and the principal released from the responsibility. However, if he was unable to remain in Arafaat for either the normal or the emergency stay, his pilgrimage is invalid.
It is not permissible to engage a person who knows he will be unable to perform some of the ceremonies, whether the pilgrimage is performed by the agent gratuitously or not. However, there is no objection in engaging a person who knows that he will move under a shade or will omit ceremonies which would not invalidate the pilgrimage even though the omission was deliberate, like tawafun Nisah or staying in Mina for the evenings of 11th or l2th.
Rule I14:
If the agent dies before wearing ihram, the pilgrimage is not valid for the principal and it is obligatory to appoint another agent to perform the pilgrimage again. If the agent dies after wearing ihram, the pilgrimage will be valid and it is clearly so if he dies after wearing ihram in the precincts of the Holy Mosque. There is no difference in this regard between Hijjatul Islam and other obligatory pilgrimages when the agency is for reward.
Rule 115:
If the agent dies after wearing ihram and entering the Holy Mosque, he is entitled to his full remuneration if his appointment was to have the deceased discharged from his obligation. However, if his appointment was to perform certain ceremonies, he will be entitled to so much of the agreed remuneration as would be commensurate with the ceremonies performed by him and if he died before wearing ihram, he would not be entitled to anything. However, if the part relating to preliminaries is included in the agreement of the agency, then he would be entitled to the remuneration proportionate to the task undertaken by him.
Rule 116:
If the appointment was from the country of the principal but the route to be taken by him to Makkah was not specified, the agent is free to choose his route. However, if the route has been laid out in the agreement, it is not permissible to disregard it. If the agent proceeds by another route but completes the ceremonies, then if the provision of the route in the agreement of agency was only as a condition, and not a specific term of the agreement, the agent is entitled to his full remuneration. However, the other side is entitled to repudiate the agreement for the breach of the condition in which event the agent will be able to recover only the usual remuneration paid for the pilgrimage and not the agreed remuneration. If the specified route was a term of the agreement, the other side can again repudiate it. If it is repudiated, the agent is entitled to the usual remuneration for the parts of the agreement he performed but not for the route he took and the parts with which he did not comply will be ignored. However, if it is not repudiated, the agent is entitled to the agreed remuneration.
Rule 117:
If a person agrees to become an agent for another to perform an obligatory pilgrimage in a specified year and then agrees with another person to perform an obligatory pilgrimage on his behalf in the same year, the second agreement is invalid. The two remuneration would be valid if they are charged in respect of different years or if one or both of them were not to be performed immediately.
Rule I18:
If a person agrees to perform a pilgrimage as an agent in a specified year, it is not permissible for him to do so in an earlier or subsequent year than that specified without the consent of the person who appointed him. However, the principal will be discharged from obligation by the performance in the different year. But the agent will not be entitled to claim his remuneration if he hastened or delayed the pilgrimage without the consent of the person who appointed him.
Rule 119
If an agent is prevented or blocked from performing the ceremonies, the same rules apply to him as would have applied to the principal if he had been performing the pilgrimage personally. These rules will be set out below. If the agency agreement was confined to that year, it becomes annulled. If it is not so confined, the liability to perform it remains on his shoulders but the person who had appointed the agent can repudiate it if there was a condition that the pilgrimage be performed in that year.
Rule 120:
If the agent commits an act which attracts a penalty (kafarah), he must meet it from his personal property, regardless of whether the agency is gratuitous or for reward.
Rule 121:
If the remuneration for the pilgrimage is a fixed sum which proved insufficient for the expenses of the pilgrimage, it is not obligatory on the appointor to subsidise the deficit just as if the remuneration proved in excess of the expenses, the agent would not be obliged to refund the excess.
Rule 122:
If a person is appointed an agent to perform an obligatory or an optional pilgrimage but vitiates it by having intercourse before reaching Mash'ar, it is obligatory on him to complete the pilgrimage and it will be valid for the principal. It is obligatory on the agent to perform an obligatory pilgrimage in the ensuing year and pay a penalty but it is obvious that he is entitled to his remuneration. If he does not perform the pilgrimage in the ensuing year, far good reason or without, the rule still applies requiring him to perform the pilgrimage at his own expense.
Rule 123:
Although by the agreement of agency, the remuneration becomes the property of the agent, it is not obligatory to make payment to him until he has completed the pilgrimage unless there was express agreement for earlier payment. It is clear that the agent can stipulate that the remuneration be paid before the pilgrimage, for generally it is not usual that an agent should proceed on the pilgrimage and undertake all the ceremonies without having received the remuneration.
Rule 124:
If a person is appointed an agent, he cannot substitute another person for himself without the consent of his appointor.
Rule 125:
If a person is appointed an agent to perform Hajj-ul-Tamatoo in good time but per chance the time becomes short and the agent changes the Umrat-ul-Tamatoo into Hajj-ul-Ifraad and after completing it performs the Umrat-ul-Mufradah, the obligation of the principal will be discharged. However, the agent will not be entitled to his remuneration if his appointment was conditional on the performance of the ceremonies. If, on the other hand, it was conditional on the obligation of the deceased being discharged, he will be entitled to the remuneration.
Rule 126:
If the pilgrimage is optional, there is no objection to the agent performing it on behalf of a number of persons. With regard to obligatory pilgrimages, an agent can perform it on behalf of one person only except if the pilgrimage has become obligatory on two or more persons jointly. For example, if two persons make a vow that they will together with a third jointly contribute towards the remuneration of an agent to perform a pilgrimage, then in such a case it is permissible for them to appoint one agent on their behalf.
Rule 127:
If the pilgrimage is optional, there is no objection to a number of persons becoming agents in one year on behalf of one person, living or dead, gratuitously or for reward. The same rule applies to obligatory pilgrimages, if they are many. For example, there may be two pilgrimages obligatory on a person, living or dead, in respect of two vows, or one of them may be Hijjatul Islam and the other obligatory by reason of a vow. In such circumstances, it is permissible to appoint two agents, each to perform one of them. Similarly, it is permissible to appoint two agents, one of them in respect of an obligatory and the other an optional pilgrimage. It is not far from correct to say that two persons can be appointed agents for the same obligatory pilgrimage like Hijjatul Islam as a matter of precaution in the fear that the pilgrimage of one of them may be spoiled.
Rule 128:
To make tawaaf for oneself has been recommended. It is permissible to appoint an agent to do so on behalf of a deceased and also a living person who is away from Makkah or although he is in the city is unable to perform it himself immediately.
Rule 129:
There is no objection to an agent performing an Umrat-ul-Mufradah for himself or another person on completion of the pilgrimage for which he was appointed. Likewise, he can then make tawaaf for himself or another person like Hijjatul Islam as a matter of precaution in the fear that the pilgrimage of one of them may be spoiled.
Rule 128:
To make tawaaf for oneself has been recommended. It is permissible to appoint an agent to do so on behalf of a deceased and also a living person who is away from Makkah or although he is in the city is unable to perform it himself immediately.
Rule 129:
There is no objection to an agent performing an Umrat-ul-Mufradah for himself or another person on completion of the pilgrimage for which he was appointed. Likewise, he can then make tawaaf for himself or another person.
OPTIONAL PILGRIMAGE
Rule 130:
It is recommended to perform an obligatory pilgrimage, if it were possible, even if one does not have the required means or has already performed the Hijjatul Islam. It is recommended to do so each year for those who can afford it.
Rule 131:
It is recommended that at the time of departure from Makkah, one makes the intention to return there.
Rule 132:
It is recommended to send on obligatory pilgrimage someone who does not have the means to perform it himself. It is also recommended to take a loan to proceed to obligatory pilgrimage if one can make the repayment later. It is recommended to make much expense during the pilgrimage.
Rule 133:
It is permissible for a person who receives zakaah from the share of the poor to spend it on a recommended pilgrimage.
Rule 134:
It is a condition for the performance of an optional pilgrimage by a married woman that she should obtain the consent of her husband. That is also the rule for a woman in iddah arising on a revertible divorce but not for a woman in iddah arising on a final divorce. A widow who is still in iddah of her late husband can perform a pilgrimage without anyone's consent.
Various King Of Umrah
Rule 135:
Like the obligatory pilgrimage, the optional pilgrimage is also at times obligatory and at times optional. It is Mufradah or Tamatoo.
Rule 136:
Like the pilgrimage, the umrah is obligatory on all those with means and, like the obligatory pilgrimage, becomes obligatory immediately upon attainment of means, although the means may be sufficient for the umrah but not for a pilgrimage. However, it is apparent that if a person's responsibility is the performance of Hajj-ul-Tamatoo, the Umrat-ul Mufradah is not obligatory on him. Thus if an agent performs all the ceremonies of the obligatory pilgrimage on behalf of a principal, then the performance of an Umrat-ul Mufradah for himself is not obligatory on him even if he has the means to perform it, although as a matter of precaution it is better to do so.
Rule 137:
It is recommended to perform the optional pilgrimage repeatedly. It is preferable that it be performed every month. It is better that a month elapse between two such pilgrimages, that is, if the last optional pilgrimage was performed at the end of the last month, then the next one also be performed at the end of the month. It is not permissible to perform two such optional pilgrimages in the same month. There is no objection to a person performing two optional pilgrimages, one for himself or another and the other in the hope that it is required by the Sharia ('Raja") or one for himself and the other for another person or both of them for another person or if one is Mufradah and the other Tamatoo. So if a person has performed Umrat-ul-Mufradah, it is permissible for him to perform Umrat-ul-Tamatoo after it in the same month and the same is the rule about performing an Umrat-ul-Mufradah on completion of an obligatory pilgrimage. However, it is not permissible to perform an optional pilgrimage between the Umrat-ul-Tamatoo and the obligatory pilgrimage.
Rule 138:
Just as the optional pilgrimage becomes obligatory to perform on attainment of means, so does it become obligatory to fulfil a vow, oath, promise or otherwise.
Rule 139:
With regard to the ceremonies involved, the two optional pilgrimages, Mufradah and Tamatoo closely resemble with a few differences which are :
(1) in Umrat-ul-Mufradah, it is obligatory to perform Tawaf ul-Nisa but it is not obligatory in Umrat-ul-Tamatoo;
(2) Umrat-ul-Tamatoo can only be performed during the season of the obligatory pilgrimage, namely, Shawaal, Dhil Qa'dah and Dhil Hijjah while it is permissible to perform the Umrat-uI-Mufradah during all the months of the year, preferably in Rajab;
(3) in Umrat-ul-Tamatoo, the ihram can be removed only after Taqseer, while in Umrat-ul-Mufradah it can be removed after taqseer or shaving the head;
(4) it is obligatory to perform Umrat-ul-Tamatoo and the obligatory pilgrimage in the same year but that is not the rule for Umrat-ul-Mufradah. If Hajj-ul-Ifraad and Umrat-ul-Ifraad have become obligatory on a person, it is permissible for him to perform the Hajj-ul-Ifraad in one year and the Umrat-ul-Ifraad in the other year;
(5) in Umrat-ul-Mufradah, if a person deliberately indulges in sexual intercourse before Saee, his pilgrimage becomes invalidated and he becomes obliged to perform the pilgrimage again, that is to stay in Makkah to the following month to perform it. However, if he does so during Umrat-ul-Tamatoo it is doubtful if it would be invalidated and the better view is that it will not be affected as will appear below.
Rule 140:
In Umrat-ul-Mufradah as in Umrat-ul-Tamatoo one must wear ihram at the Meeqaat itself as will be explained below and if the person is in Makkah and intends to perform an Umrat-ul-Mufradah, it is permissible for him to come out of the Haram and wear his ihram and it is not obligatory for him to proceed to a Meeqaat and wear the ihram there and it is permissible for him to wear the ihram at Hudaybiyyah or Je'aranah or Tan'eem. the only exception to this rule is when a person invalidates his Umrat-ul-Mufradah by having sexual intercourse with his wife before saee. In this case, as a matter of precaution, he must repeat the ihram for a new umrah from a meeqaat and it is not permissible to wear ihram in such a case from Tan'eem.
Rule 141:
It is obligatory to perform an Umrat-ul-Mufradah if one intends to enter Makkah, for it is not permissible to enter the city without ihram except for those who enter and depart from there regularly like the woodcutter or grasscutter. Similarly, if a person has completed Umrat-ul Tamatoo and Hajj, or after Umrat-ul-Mufradah and has left Makkah, he is permitted to reenter without ihram before the expiring of the same month in which the Umrah was performed. As for the person who has departed from Makkah after performing Umrat-ul-Tamatoo but before the pilgrimage, the rule will be discussed under 154 below.
Rule 142:
If .a person performs the Umrat-ul-Mufradah during the Hajj season (defined in Rule 139 (2) above) and remains in Makkah to the 8th of Dhil Hajj, he is permitted to treat it as the Umrat-ul-Tamatoo and perform the obligatory pilgrimage. In this regard there is no difference between the obligatory pilgrimage and the optional one.
VARIOUS KINDS OF PILGRIMAGE
Rule 143:
There are three types of pilgrimages: Tamatoo, Ifraad and Qiraan. The first is the obligation on those who reside more than 48 miles from Makkah and the other two on those who reside within 48 miles of Makkah.
Rule 144:
There is no objection to those residing afar to perform the Ifraad or Qiraan pilgrimages as an optional pilgrimage just as there is no objection to those residing in the vicinity performing the Tamatoo as a provisional pilgrimage but this course is not permissible to either of them in an obligatory pilgrimage. So performance of a Hajj-ul-Tamatoo for those whose duty is to perform the Ifraad or Qiraan or vice versa is not permissible. However, the obligation of those who have to perform the Tamatoo can, in certain circumstances, change to Ifraad as will be explained below.
Rule 145:
If a person residing afar, takes residence in Makkah then his obligation is changed to Hajjul Ifraad or Qiraan after commencement of the third year of his taking residence there. However, before that his obligation is to perform Hajj-ul-Tamatoo. There is no difference between attaining means and the pilgrimage becoming obligatory on him before taking such residence or during the period of the residence. There is also no difference whether or not he intended to take residence permanently. The same rule applies to those living in cities other than Makkah but the distance between the city and Makkah is less than 48 miles.
Rule 146:
When a person resides in Makkah and wishes to perform a Hajj-ul-Tamatoo before the change of his obligation to Hajj-ul-Ifraad or Qiraan, then it has been said that he can wear ihram for Umrat-ul Tamatoo from Adnal Hal but it is arguable that as a matter of precaution he must wear it at one of the Meeqaat and perform the Umrat-ul-Tamatoo. As a matter of precaution he should wear ihram at the meeqaat used by the people of his country. It is apparent that this rule applies to those residing in Makkah and wishing to perform Hajjul Tamatoo, even though a recommended one.
HAJJ-UL-TAMATOO
Rule 147:
This pilgrimage consists of two parts, the first of which is called Umrah and the second Hajj. The Hajj-ul-Tamatoo applies to the second part but it is obligatory to perform the Umrah before the Hajj.
Rule 148:
Five matters are obligatory in Umrat-ul-Tamatoo:
First: ihram must be worn at one of the meeqaats which will be elucidated below;
Second: tawaaf round the Kaaba;
Third: prayers (salaat) after the tawaaf;
Fourth: saee between Safaa and Marwah;
Fifth: taqseer, that is, to remove some hair of the head, beard or moustache. On completion of these five acts, one is out of ihram and all those matters which were forbidden during ihram become lawful.
Rule 149:
It is obligatory on the pilgrim to be prepared to undertake the requirements of the pilgrimage on approaching the ninth of Dhil Hijjah. There are thirteen compulsory matters in the obligatory pilgrimage:
(1) wearing ihram in Makkah (details of which will follow);
(2) staying in Arafaat from noon on the ninth of Dhil Hijjah till maghrib. It is situated about twelve miles from Makkah;
(3) staying in Muzdalifah part of the eve of Idd-ul-Adha till sunrise on the day of Idd-ul-Adhha. It is situated between Arafaat and Makkah;
(4) stoning the Jamrat-ul-Uqbah in Mina on the day of Idd. Mina is situated about three miles from Makkah;
(5) slaughtering an animal in Mina on the day of Idd;
(6) shaving the head or removing some hair in Mina. On completion of these acts, matters forbidden during ihram become lawful except woman, perfume and hunting;
(7) tawaaf (tawaaf ul-ziyarah) on returning to Makkah;
(8) prayers (salaat) after the tawaaf;
(9) saee between Safaa and Marwah. At this stage wearing perfume becomes lawful;
(10) tawaaf ul-ni'sa;
(11) prayers (salaat) after tawaaf ul-nisa;
(12) remaining in Mina during the eve of the eleventh and twelfth and, in certain circumstances which will be explained below, the eve of the thirteenth also;
(13) stoning all the three jamaraat on the eleventh and twelfth and, if the pilgrim is there on the thirteenth.
Rule 150:
There are a few conditions for Hajj-ul-Tamatoo:
(1) Niyyah, that is, one must form the intention of performing Hajj-ul-Tamatoo. If one forms an intention to perform other than Hajj-ul-Tamatoo or wavers in his intention, the pilgrimage is invalidated.
(2) The Umrah and Hajj must be performed during the season of Hajj (see Rule 139(2) above). If any part of the Umrah is performed before commencement of Shawwal, the Umrah is invalid.
(3) The Umrah and Hajj must be performed in the same year. If the Umrah is performed and then the Hajj is postponed to the next year, the Tamatoo is invalid. It makes no difference whether the pilgrim remains in Makkah to the following year or goes back to his country and then returns to Makkah just as it makes no difference whether he removes the ihram or remains in it to the following year.
(4) As a matter of choice, the ihram for Hajj must be worn in Makkah itself and the best place for it is the Holy Mosque but if it is not possible to wear ihram in Makkah then it may be worn wherever possible.
(5) The Umrah and Hajj must both be performed by the same person as an agent of the same one person. It is not permissible to engage two agents for a living or dead person for Hajj-ul-Tamatoo, one to perform the Umrah and the other the Hajj. Similarly, it is not permissible that one person may perform the Umrah on behalf of one person and the Hajj for another.
Rule 151:
If a pilgrim completes the ceremonies for the Umrat-ul Tamatoo, it is obligatory on him to perform the Hajj. As a matter of precaution, it is not permissible for him to depart from Makkah without performing the Hajj. However, if he wishes to do so, even if not necessary, and there is no fear of missing the Hajj, then if he is sure he can return to Makkah to wear ihram in time, it is apparent that he can depart from Makkah without ihram. But if he is not so sure, it is obligatory on him to wear the ihram for Hajj in Makkah and then depart from Makkah and proceed to Arafaat in the same ihram. It is not permissible for a person who has performed Umrat-ul Tamatoo to leave the Hajj even though it is a recommended one.
Rule 152:
It is permissible for a pilgrim whose obligation is Hijjatul Tamatoo to depart from Makkah before completion of his Umrah if he is able to return to Makkah; otherwise, as a matter of precaution, he should not do so.
Rule 153:
The prohibition against leaving Makkah on completion of the Umrah arises if one is to depart from the city for another place. However, the new streets and suburbs which are considered part of the Holy City nowadays are included as being within Makkah. Thus, the pilgrim can visit them after completion of the Umrah, whether necessary to do so or not.
Rule 154:
If the pilgrim has departed from Makkah after completing the Umrah without ihram and goes beyond the meeqaat, then two, situations arise:
first: if he returns to Makkah within the same month of completing the Umrah, then he must enter Makkah without ihram, wear the ihram in Makkah for Hajj and depart for Arafaat;
Second: if he returns to Makkah after expiry of the month in which he performed the Umrah, then he must repeat the Umrah.
Rule 155:
If the obligation of a person is to perform Hajj-ul-Tamatoo, he cannot change it to Ifraad or Qiraan. There can be an exception if a pilgrim embarks upon the Umrat-ul-Tamatoo, then finds the time too limited to complete the Umrah and commence the Hajj, he can change his intention (niyyah) to Hajj-ul-Ifraad and perform the Umrat-ul-Mufradah after the Hajj. The test as to how much time would be considered too limited to complete the Umrah differs with the scholars, but it is apparent that he must change his intention if he cannot complete the Umrah before midday of the 9th of Dhil Hajj.
Rule 156:
If before embarking upon the Umrah, the pilgrim for Tamatoo is aware that his time is too limited to complete the Umrah and commence the Hajj, he is not permitted to change his intention (niyyah) as in the preceding rule but must perform the Hijjatul Tamatoo after the Umrah if the pilgrimage was fixed upon him.
Rule 157:
If a pilgrim wears the ihram for Umrat-ul-Tamatoo in good time but deliberately delays the tawaaf and Saee till the noon of the 9th of Dhil Hajj, his Umrah is invalid and it is apparent that he is not permitted to change his intention (niyyah) to Ifraad but, as a matter of caution, he must perform the tawaaf and recite the prayers after it, perform the Saee and shave or do taqseer with the intention of acceptance as Hajj-ul-Ifraad or Umrat-ul-Mufradah.
HAJJ-UL-IFRAAD
You have observed that Hajj-ul-Tamatoo consists of two parts: Umrat-ul-Tamatoo and Hajj. The first part is connected to the second, the Umrah preceding the Hajj.
Hajj-ul-Ifraad is a distinct kind of pilgrimage incumbent upon those who live in or within 48 miles of Makkah and if it is possible for such a person to perform an Umrat-ul-Mufradah, it is obligatory on him to do so separately. If it is possible for him to perform only one of them, his obligation will be to perform that only. If it is possible for him to perform one of them at one time and the other at another time, he must perform each of them at the time possible and if he can manage both together, he must perform them at the same time. In this situation it is the common view among the scholars that as a matter of caution, he must give precedence to the Hajj over the Umrat-ul-Mufradah.
Rule 158:
All the ceremonies are common to Hajj-ul-Ifraad and Hajj-ul-Tamatoo but there are certain differences:
First: For Hajj-ul-Tamatoo it is obligatory that Umrat-ul-Tamatoo must precede it and both be performed in the same year (as already stated) but that is not necessary for Hajj-ul-Ifraad.
Second: In Hajj-ul-Tamatoo, slaughtering of an animal is obligatory (as already stated) but that is not necessary for Hajj-ul-Ifraad.
Third: In Hajj-ul-Tamatoo it is not permissible to give precedence by choice to tawaaf or Saee over the two stops but it is permissible to do so in Hajj-ul-Ifraad.
Fourth: In Hajj-ul-Tamatoo, the ihram for the Hajj is worn in Makkah. For Hajj-ul-Ifraad, it depends upon whether the pilgrim lives in Makkah or not and this will be set out below.
Fifth: Umrat-ul-Tamatoo must precede the Hajj but that is not necessary for Hajj-ul-Ifraad.
Sixth: As a matter of obligatory caution, in Hajj-ul-Tamatoo, it is not permmited to make an optional tawaaf after wearing the ihram for it but that is permmitted in Hajj-ul-Ifraad.
Rule 159:
If a person wears ihram for an optional Hajj-ul-Ifraad, he is permitted to change his intention to Umrat-ul-Tamatoo by removing some hair and coming out of ihram unless he has recited Talbiyah after Saee in which event the change is not permmitted.
Rule 160:
If a person wears the ihram for Hajj-ul-Ifraad and enters Makkah, he is permitted to perform an optional tawaaf but, as a matter of caution, it is obligatory on him to repeat the talbiyah after the prayers (salaat) for the tawaaf if he did not change his intention to Hajjul Tamatoo while it was permissible to do so. This caution applies to obligatory tawaaf also.
HAJJ-UL-QIRAAN
Rule 161:
The ceremonies for this pilgrimage and Hajj-ul-Ifraad are the same, except that in this form of pilgrimage the pilgrim will take the sacrifice with him from the time he wears ihram till Mina. Just as ihram is confirmed by talbiyah, so it is by piercing the animal or placing a necklace round its neck. If a person wears the ihram for Hajj-ul-Qiraan he is not permitted to change to Hajj-ul-Tamatoo.
MEEQAATS FOR WEARING IHRAM
There are special places designated by the sacred rules of Islam for wearing ihram and it is obligatory to wear the ihram there. These places are called Meeqaat and are nine of them :
(1) Dhul Hulaifah which is situated near Madinah and is the meeqaat for the people of Madinah and all those who wish to perform the pilgrimage travelling from Madinah. As a matter of caution, it is preferred that it be worn, if possible, in the mosque which is there known as Masjid-ul-Shajarah in which case it is insufficient to wear ihram outside except for ladies in menstruation.
Rule 162:
It is not permissible to delay wearing ihram from Dhul Hulaifah and wearing it at Johfa except if necessary to do so by reason of sickness or weakness or other cause.
(2) Wadi-ul-Aqeeq which is the meeqaat for the people of Iraq and Najd and those passing through there. It has three parts: Maslakh, Ghamrah and Dhat Erq. According to the preferred view, a pilgrim should wear his ihram before reaching Dhat Erq if there is no impediment by way of dissimulation (taqiyyah) or illness.
Rule I63:
It has been said that in dissimulation, it is permitted to wear ihram secretly before Dhat Erq without removing all clothes. On reaching there the clothes may be removed and ihram worn without incurrig any penalty. However, this opinion is arguable.
(3) Johfa which is the meeqaat for the people of Syria, Egypt and the West and those who pass from there if they have not worn ihram earlier at Dhul Hulaifa either with or without excuse.
(4) Yalamlam which is the meeqaat for the people of Yemen and those who pass from there. It is the name of a mountain.
(5) Qarn-ul-Manaazil which is the meeqaat for the people of Taif and all those who pass through that route. The last four meeqaats, i.e. numbers (2) to (5), are not only the mosques there but the places themselves so considered. If the pilgrim is unable to specify the exact place, he can wear ihram by making a vow (nadhr) before reaching the meeqaat.
(6) Any place parallel to one of the meeqaats above mentioned: If a person takes a route which does not cross any of the meeqaats above mentioned, then he must wear ihram from any place which is parallel to a meeqaat, that is to say, a place at which, when he faces the Holy Kaaba, one of the meeqaats would be to his right or left and when he proceeds from that point to Makkah, the meeqaat would be behind him. It is sufficient to use common sense to determine if he has reached such point and it is not necessary to take exact measurements.
If a person takes a route on which he reaches a place at which becomes parallel to two meeqaats, then, as a matter of precaution, it is recommended that he should wear ihram on reaching the first of such two places.
(7) Makkah which is the meeqaat for Hajj-ul-Tamatoo. It is also a meeqaat for people resident in Makkah and its neighbourhood who perform Qiraan or Ifraad. As a matter of precaution, one should wear ihram at a place within the area considered as part of the ancient Makkah at the time of the Holy Prophet (saaw), although it is permissible to wear it at one of the new places recently built except those which would fall outside the Haram.
(8) The pilgrim's home is the meeqaat for those who are nearer to Makkah than the meeqaat as it is permissible for them to wear ihram from their homes and are not obliged to return to a meeqaat.
(9) The nearest border of Hill like Hudaybiyyah or Jo'ranah or Taneem: It is the meeqaat for Umrat-ul-Mufradah after the Hajj-ul-Qiraan or Ifraad and all Umrat-ul-Mufradah by those in Makkah. There is only one exception which was explained earlier under Rule 140.
THE RULES ON MEEQAAT
Rule 164:
It is not permissible to wear ihram before reaching meeqaat nor is it enough just to pass from there in ihram. There is no alternative to wearing the ihram at the meeqaat itself. However, there are two exceptions to the rule:
(1) If a pilgrim has made a vow (nadhar) to wear ihram before the meeqaat, then it is valid to do so nor is it necessary to renew it at the meeqaat or pass through it. Indeed, it is permissible to proceed straight to Makkah without passing through any meeqaat. In this regard there is no difference between an obligatory and an optional pilgrimage or Umrat-ul-Mufradah. However, if the ihram is for an obligatory pilgrimage, then it is necessary that he should wear ihram in the season of the pilgrimage, as already stated above.
(2) If a pilgrim wishes to perform an Umrat-ul-Mufradah in the month of Rajab and he fears that the month will elapse if he proceeded to the meeqaat to wear the ihram, then it is permissible to wear the ihram before the meeqaat and it will be reckoned as the umrah of Rajab even if the remaining ceremonies are performed by him in Sha'baan. In this regard there is no difference whether the umrah is obligatory or optional.
Rule 165:
It is obligatory on the pilgrim to be certain that he has reached the meeqaat and wear ihram there. He must be satisfied or have proof that the place is the meeqaat. It is not permissible to wear the ihram if there is doubt whether the meeqaat has been reached.
Rule 166:
If a pilgrim had made a vow to wear ihram before meeqaat and contrary to it wears ihram at the meeqaat, his ihram is not invalidated. However, he must pay the penalty for infringing the vow, if he did so deliberately.
Rule 167:
Just as it is not permissible to wear ihram before reaching meeqaat, so is it not permissible to delay wearing it. It is not permissible for a person who intends to perform a pilgrimage or umrah or to enter Makkah to pass the meeqaat without wearing ihram there even if there is another meeqaat ahead. If a pilgrim passes by a meeqaat, he must, if possible, return to it to wear the ihram.
There is one exception for those who pass Dhul Hulaifah but without wearing ihram proceed towards Johfa without excuse. In such a case, wearing ihram from Johfa is sufficient, but it is sinful to do so. As a matter of precaution, it is impermissible to pass any place which is parallel to one of the meeqaats without wearing ihram even if one can ignore this precaution because there is another meeqaat ahead.
If a passenger does not intend to perform a pilgrimage or enter Makkah changes his mind after passing meeqaat, then he can wear ihram for Umratul-Mufradah from the lowest of Hil (Adnal Hil).
Rule 168:
If a pilgrim passes by a meeqaat deliberately without wearing ihram, then, without prejudice to the previous rule,
(i) if it is possible to return to the meeqaat, it is obligatory to do so and wear ihram there; it makes no difference whether he returns after having entered the Haram or from outside it and if he does so, his pilgrimage is valid;
(ii) if the pilgrim is not able to return to the meeqaat, whether he is inside or outside the Haram, his pilgrimage is invalidated and wearing ihram from any place beyond the meeqaat is not sufficient. He must perform the pilgrimage in the ensuing year if he has the means.
Rule 169:
If a pilgrim omits to wear ihram through oversight, unconsciousness or such other cause or ignorance of the rule or meeqaat, four situations would arise:
(i) if it is possible to return to the meeqaat, it is obligatory to do so and wear ihram there;
(ii) if he is in the Haram and it is not possible to return to the meeqaat but it is possible to come out of the Haram, he must get outside the Haram and wear ihram there; it is preferable that having come outside the Haram he must proceed as far away from the Haram as possible to wear ihram;
(iii) if he is in the Haram and it is not possible to come out, he must wear ihram wherever he is, even if he has entered Makkah;
(iv) if he is outside the Haram but it is not possible to return to the meeqaat, as a matter of precaution, he must return as far as possible towards the meeqaat and wear ihram.
In all these four situations, his pilgrimage is valid if he acts in accordance with what is stated above. The same rule applies to a person who wears ihram before reaching meeqaat or after leaving it out of ignorance or by oversight of the rule.
Rule 170:
If a pilgrim omits to wear ihram at meeqaat out of ignorance of the rule and enters the Haram, like the others, he must get out of the Haram and wear ihram if it is not possible for him to return to meeqaat. In such a situation, it is preferable that he should go as far away from the Haram as possible and then wear ihram if by doing so there is no risk of missing the pilgrimage. If there is no possibility of moving out of the Haram, then, like the others, he should wear ihram in the Haram.
Rule 171:
If the umrah becomes invalidated, including by reason of the invalidity of the ihram, it is obligatory to repeat it, if possible and if, for lack of time, it is not possible to repeat it, the obligatory pilgrimage becomes invalid and it is necessary to perform it again in the succeeding year.
Rule 172:
A group of scholars have stated that if a pilgrim performs an umrah without ihram, it is valid if he did so out of ignorance or by oversight but this proposition is arguable. In this situation, it is preferable that, if possible, it be repeated, just as we have stated.
Rule 173:
If a person travels from far for a pilgrimage, it is obligatory on him to wear ihram for umrah at one of the first five meeqaats. If his route passes through one of them, no doubt arises. If not, as happens in the current times when pilgrims first land in Jeddah, which is not one of the meeqaats, it is not permissible to wear ihram there as it has not been established that it is parallel to any meeqaat. In such a case he has three options: (1) He can make a vow (nadhr) to wear ihram from his town or on the way just before landing in Jeddah and wear the ihram at the place stipulated in the vow, be it even on the plane. (2) If he lands in Jeddah without ihram, he can proceed to Rabigh which is on the way to Madinah and wear ihram there by making a vow (nadhr) there as it is situated before Johfa which is one of the meeqaats. (3) He must make a vow to wear ihram in Jeddah and do so and there is no need to renew the ihram at the point midway between Jeddah and Haram which is parallel to Johfa.
Rule 174:
It has already been stated that for Hajj-ul-Tamatoo it is obligatory to wear ihram in Makkah. If a pilgrim deliberately wears the ihram elsewhere, his ihram is invalid if he enters Makkah having worn it. Indeed, it is obligatory on him, if possible, to wear it again in Makkah, else his Hajj is invalid.
Rule 175:
If during Hajj-ul-Tamatoo a pilgrim forgets to wear ihram for Hajj in Makkah, it is obligatory for him, if possible, to return to Makkah. Otherwise, he must wear the ihram wherever he remembers to do so, even if he has reached Arafaat and his Hajj is valid. The same is the rule for one ignorant of the rule.
Rule 176:
If a pilgrim forgets to wear the ihram for Hajj and does not remember to do so until the completion of all the ceremonies, his Hajj is valid. The same rule applies to one who is ignorant of the rule.
THE PROCEDURE FOR IHRAM
Three Obligations for Ihram:
First: Niyyah, that is, the pilgrim forms the intention to perform what is obligatory on him by way of Umrah and Hajj to attain nearness to Allah. If he does not know all the ceremonies in detail, he must form the intention generally. In such a case, it is obligatory that he should know of what is obligatory on him item by item by checking from the Rules or from the learned he trusts. In the niyyah, the following must be included:
(1) that the intention must be to attain nearness to Allah, just as in other forms of worship;
(2) that the intention must be formed at the definite places specified before under the heading of meeqaats;
(3) that the ihram is worn for Umrah or Hajj, and whether for Hajj-ul-Tamatoo, Qiraan or Ifraad, if it was on behalf of someone else, such intention must be expressly formed. However, if it was for oneself, not intending it to be for someone else is sufficient. It is
apparent that one who wishes to perform a pilgrimage to fulfil a vow must perform the ceremonies to accomplish the vow without any need to state expressly the intention of a pilgrimage upon a vow for oneself or on behalf of another, for Hijjatul Islam, Hajj to fulfil a vow, obligatory as a penalty or optional. If the intention is formed without determining the pilgrimage, the ihram will be invalid.
Rule l77:
It is not necessary to utter the intention aloud or mentally. It is enough that the intention is consciously formed as in other forms of worship.
Rule 178:
There is no requirement for the validity of the ihram that there should be a determination to refrain from all the prohibitions from the wearing of it to its removal except for sexual intercourse and masturbation. Thus if a pilgrim intends from the wearing of ihram for obligatory pilgrimage to have sexual intercourse with his wife or masturbate before the stay at Muzdalifah or wavers on this matter, his ihram is invalidated. However, if he does not intend from the wearing of the ihram not to refrain from them but after wearing ihram intends to commit either of them, the ihram is not vitiated.
Second: Talbiyah, that is, to utter as follows: "Labbaik, Allahumma labbaik, labbaik, la sharika laka labbaik". And it is highly preferable to add the following: "Innal hamda wanni'amata laka wal mulk, la sharika laka". It is permissible to add "labbaik" and say, "la sharika laka labbaik".
Rule 179:
Every pilgrim must learn the proper pronunciation of the words of the talbiyah and recite them correctly just as the recitation of the Takbiratul Ehram in prayers, even if it is by following another person reciting these words. If a person does not have the proper pronunciation of the words nor is there a person whom he can follow, he is still obliged to recite the words as best he can unless his recitation is such that it is not considered to be talbiyah. In such a situation, it is preferable that he should recite as much as he can, recite the translation of the talbiyah and appoint an agent to recite it on his behalf.
Rule 180:
A person who becomes dumb as a result of disease or injury should recite talbiyah as much as he can and if he is unable to recite he must move his tongue and lips while he is making intention and make gestures by fingers which coordinate with the recitation.
A person born dumb should move his tongue and lips as if he is reciting and make gestures by fingers as well.
Rule 181:
For the unconscious or the retarded, another person must recite for him.
Rule 182:
The ihram for Hajj-ul-Tamatoo, Umrat-ul-Tamatoo, Hajj-ul-Ifraad or Umrat-ul-Mufradah is not complete without talbiyah. As for Hajj-ul-Qiraan, it can be completed with talbiyah or signs or by the following ways: the first by the sacrifice of a camel, the pilgrim, standing to the left of the camel, must tear off the right side of the hump of the camel letting its blood ooze out and the second by garlanding a camel or one of the other animals round its neck with worn slippers used when going to pray. It is preferable that both the methods be used. In Hajj-ul-Qiraan it is preferable that the talbiyah be recited even if the ihram was worn by following either of the methods.
Rule 183:
Purity from urine or excrement is not a condition for the validity of the ihram. Thus, a person can wear ihram even in condition of janabah, haydh, nifaas or the like.
Rule 184:
The position of talbiyah in ihram is that of Takbirat-ul-Ihram in prayers (salaat). Ihram is not complete without it or the other two methods discussed in Rule 182 above, particularly in Qiraan. Therefore, if a person wears the ihram and the two pieces of cloth but before reciting the talbiyah performs one of the acts prohibited during ihram, he has not done any wrong and there is no penalty on him.
Rule 185:
If a person proceeds on pilgrimage via Masjidul Haram, it is preferable to delay the recitation of talbiyah till he reaches Bayda, which is the end of Dhul Hulaifa and where the ground becomes flat but, as a matter of caution, he must recite the talbiyah without delay and on reaching there should recite loudly and openly.If he proceeds by any other route, it is preferable to delay the recitation till he has walked a little. If a person proceeds on the pilgrimage from the Holy Mosque, he can delay it till he reaches Raqtaa which is a place near the Masjid-ul-Rayah, a little before Masjid-ul-Jinn.
Rule 186:
As a matter of caution, a person performing Umrat-ul-Tamatoo must stop the recitation of the talbiyah on sighting the houses of old Makkah and those arriving from the route of Madinah at the rear of Madniyeen. Those performing Umrat-ul-Mufradah must stop the recitation on entering the Haram if they have arrived from outside Makkah and for those who have gone outside Makkah only to wear ihram should cease the recitation on sighting the Holy Kaaba. Those performing the Hajj must stop the recitation at noon on the day of Arafaat.
Rule 187:
If after wearing the two pieces of cloth for ihram but before departing from the meeqaat, a person entertains a doubt as to whether he had recited the talbiyah or not, he should recite the talbiyah and if the doubt arises after the recitation as to whether he had recited it correctly, he should resolve that he had.
Third: Wearing the two pieces of cloth after abstaining from the matters prohibited during ihram is obligatory; but children are an exception in this rule as they can delay wearing ihram till Fakh if they take that route. It is apparent that there is no certain way of wearing them. So, one can wear one of the pieces of cloth round the waist however he wishes and place the other piece over the shoulders or use it as a robe but, as a matter of caution, the two pieces should be worn in the ordinary way.
Rule 188:
Wearing of the two pieces of cloth is obligatory as a matter of obedience in worship but is not a condition for the validity of the ihram.
Rule I89:
As a matter of caution, it is necessary that the cloth worn round the waist should cover the portion from the navel to the knee and the other cloth should cover both the shoulders, arms and a considerable part of the back. As a matter of caution, both the pieces must be worn before the niyyah and talbiyah; if the niyyah and talbiyah precede the wearing of the ihram, the pilgrim must make the niyyah and recite the talbiyah again after wearing the ihram.
Rule 190:
If through ignorance or oversight the ihram is worn over a shirt, the shirt must be removed immediately and the ihram is valid. It is clear that the ihram is valid even if the shirt was worn deliberately. However, if it is put on after wearing ihram there will be no doubt that the ihram will be valid but the shirt must be removed from below.
Rule 191:
There is no objection in having more than the two pieces of cloth in ihram at the time of wearing it or afterwards for protection against heat or cold or for other reason.
Rule 192:
The conditions as to the cloth that may be worn in prayers (salaat) also apply to the cloth used for ihram. It is necessary that they should not be made of pure silk or any wild animal or from parts of the body of an animal whose meat is forbidden or from gold and both the pieces must be clean (not najis).
Rule 193:
It is necessary that the cloth worn round the waist be of the quality that the body is concealed and is not exposed but the cloth round the shoulders need not be of such quality.
Rule 194:
As a matter of great caution, both the pieces must
be of textile, and not of leather or hide.
Rule 195:
The obligation to wear the two pieces round the waist and the shoulders is confined to males only and does not apply to females who may wear as ihram their usual clothes which would comply with the conditions stated above.
Rule 196:
It is forbidden to wear ihram made of silk and although generally the rule is for males it also applies to females in respect of ihram and as a matter of caution, females must not wear anything made of pure silk throughout the period of ihram, except in the case of necessity as for protection from cold or heat.
Rule 197:
If either or both of the pieces of cloth worn as ihram become unclean (najis), as a matter of caution, it or they must be changed or cleaned as soon as possible.
Rule 198:
It is not obligatory to have the cloths of ihram on all the time. There is no objection to its removal, whether necessary to do so or not. Nor is there any objection to changing them provided the other pair complies with the conditions stated above
PROHIBITIONS DURING IHRAM
As has been stated, ihram is established by talbiyah or Ish'aar or Taqleed (see Rule 182) and not otherwise despite the niyyah to wear ihram. Once ihram is worn twenty five matters become forbidden:
1. Hunting.
2. Sexual intercourse.
3. Kissing a woman.
4. Touching a woman.
5. Looking at a woman and flirting with her.
6. Masturbating
7. Reciting nikah.
8. Use of scent or perfume.
9. Wearing sewn clothes by men.
10. Applying collyrium (surma).
11. Looking in a mirror.
12. Wearing shoes, slippers or socks.
13. Lying.
14. Quarrelling.
15. Killing lice or other like insects found on humans.
16. Beautifying oneself.
17. Applying oil.
18. Removing hair from the body.
19. Covering the head by males or diving in water even by females.
20. Covering of the face by females.
2l . Being under shade by males.
22. Taking out blood from the body.
23. Cutting nails.
24. Extracting tooth, as stated by some scholars.
25. Carrying arms.
l. Hunting:
Rule 199:
While in the state of ihram it is forbidden to hunt, hurt, injure or kill a free animal, including domesticated animals, whether it is in the Haram or outside and whether it is hunted for eating or not. It is absolutely forbidden to hunt in the Haram even if the hunter is not in the state of ihram.
Rule 200:
Just as it is forbidden for a pilgrim to hunt while in the state of ihram, so is it forbidden to aid a hunter even by pointing at the animal. In this regard there is no difference whether the hunter is a pilgrim in ihram or not.
Rule 201:
It is not permissible for a pilgrim in the state of ihram to hold a prey and keep it under control, even if he had hunted it before wearing ihram or was hunted by someone else, whether inside or outside the Haram.
Rule 202:
It is not permissible for a pilgrim in the state of ihram to eat the meat of the prey even if the hunter was outside the Haram. It is forbidden for a person who is not in the state of ihram to eat the meat of a prey of a pilgrim in the state of ihram who killed it by hunting or sacrificed it after hunting it. It is forbidden for a person who is not in the state of ihram to eat the prey of a pilgrim who hunted in the Haram in the state of ihram.
Rule 203:
The rules regarding the free animals also apply to their young ones. It is apparent that it is forbidden for pilgrims in the state of ihram to take, break or eat their eggs. As a matter of caution, he should not even help others to do so.
Rule 204:
The rules stated above are for Free animals, including grasshoppers but there is no objection to catching any of the inhabitants of the sea, like fish. Those who live both on land and sea are regarded as free animals but there is no objection in catching those in respect of whom there is doubt as to whether they live on land or in the sea.
Rule 205:
As it is unlawful for a person in the state of ihram to hunt free animals, so it is forbidden to kill any of the reptiles even though it is not considered hunting. There are some exceptions:
(1) the domestic animals, like sheep, cow and camels and poultry including turkey. So, it is permissible to kill these and the same rule applies when there is a doubt as to whether an animal is a domestic one or not;
(2) when a person in the state of ihram has a fear of his safety, for example, from wild animals or snakes attacking him, it is permissible to kill them;
(3) it is permissible to kill vultures if they are hunting the pigeons in the Haram.
(4) it is permissible to kill vipers, other dangerous snakes, scorpions and mice and there is no penalty for killing them.
Rule 206:
There is no objection in a pilgrim in ihram throwing an arrow at a crow or kite and there is no penalty should any of them be killed by the arrow.
PENALTIES FOR HUNTING
Rule 207:
For killing grazing livestock, the penalty is a camel; for killing a wild cow it is a cow; for killing a wild donkey it is a donkey or a cow; for killing a gazelle or a hare it is a sheep and the same, as a matter of caution, is the penalty for killing a fox.
Rule 208:
If the penalty for the animal killed is a camel and it is not available, then the obligation is to feed sixty poor people each of whom should be given 750 grams of food and if it is not possible to do so, then the penalty is fasting for eighteen days. If the penalty is a cow and is not available, thirty poor people must be fed and if this is not within means then the penalty is fasting for nine days. If the penalty which has become obligatory is sheep and it is not available, ten poor people must be fed and if this is not within means, then three fasts be observed.
Rule 209:
For killing a sand grouse, partridge or francolin and their likes the penalty is a lamb who has stopped taking its mother's milk and feeds on grass. For killing a sparrow, lark and the like the generally accepted penalty is feeding 750 grams of food. For killing other birds, the likes of pigeons, the penalty is a sheep and the penalty for killing their young ones, the penalty is a lamb or the young of a goat. If its egg is broken the penalty is a dirham if there is no foetus, but otherwise, the ruling is the same as that for the young ones of a bird and out of caution the young lamb feeding on its own. For killing a grasshopper, the penalty will be a date; if more than one was killed, the penalty will be a handful of food and if many were killed, then it will be a goat.
Rule 210:
For killing a mouse, hedgehog or lizard and the likes, the penalty is a young goat and for a grasshopper the penalty will be a handful of food.
Rule 211:
For killing a wasp deliberately the penalty is feeding some food but if done in defending oneself there is no penalty.
Rule 212:
If a person in the state of ihram hunts an animal outside the boundaries of Haram, he must pay a penalty or the price of the animal when there is no fixed penalty. However, if a person who is not in the state of ihram hunts an animal inside the boundaries of Haram, he must pay the price of the animal, except for hunting a lion when the penalty is a sheep. If a person in the state of ihram hunts inside the boundaries of Haram, he must pay both the penalty and the price.
Rule 213:
It is obligatory on a pilgrim in the state of ihram to avoid the path on which there are grasshoppers but if that is not possible then there is no objection if they get killed.
Rule 214:
If a group of pilgrims in ihram jointly kill an animal each of them will be liable to the penalty.
Rule 215:
The penalty for eating the hunted animal is the same as for killing it. Thus if the pilgrim in ihram hunts the animal and then eats it, he will be liable to double penalty.
Rule 216:
If a person has with him the hunted animal and enters the Haram with it, he must immediately free the prey and if he does not do so and the animal dies, he becomes liable to the penalty. The same is the rule if the hunting took place before ihram but the animal died after ihram and as a matter of caution the penalty must be satisfied even if he did not enter the Haram with it.
Rule 217:
The penalty for hunting an animal and eating its meat applies whether the act was done deliberately or in error or out of ignorance.
Rule 218:
If the hunting is repeated, so is the penalty, whether the hunting was out of ignorance, by oversight or deliberate. The same rule applies to the hunting in the Haram by a native or a pilgrim in the state of ihram. However, if a pilgrim in ihram hunts repeatedly during the same state of ihram, he will meet the penalty once.
2.Sexual intercourse:
Rule 219:
Sexual intercourse is forbidden for a pilgrim in ihram for an Umrat-ul-Tamatoo or Umrat- ul-Mufradah or during Hajj and even after performing them but before reciting the prayers (salaat) for the Tawaf ul-Nisa.
Rule 220: If during an Umrat-ul-Tamatoo a pilgrim intentionally has sexual intercourse, whether vaginal or anal, then if he does so after performing saee, the Umrah is not invalidated but there is an obligatory penalty upon him which, as a matter of caution, should be a young camel or a cow. If the intercourse takes place before saee is completed, the penalty will be as stated above. As a matter of caution, he must complete his Umrah and the pilgrimage after it and repeat both of them in the ensuing year.
Rule 221:
If a pilgrim in the state of ihram for Hajj deliberately has sexual intercourse with his wife, whether vaginal or anal, before the stay at Muzdalifah his Hajj is invalidated and if the lady is also in ihram and indulged knowingly and voluntarily, her Hajj is also invalidated. There is a penalty on each of them and they are also obliged to complete the remaining ceremonies and repeat the Hajj in the following year, whether the pilgrimage was obligatory or optional. However, if the lady was compelled into the act, her Hajj is not invalidated, there will be no penalty on her but the husband who compelled her will be obliged to pay double penalty. The penalty for the intercourse is a camel but if one cannot afford it, the penalty is a sheep and it is mandatory that the husband and wife live separately during the remainder of the pilgrimage, that is, they should not meet except in the presence of a third person until they complete all the ceremonies of the pilgrimage, including the ceremonies at Mina and return to the point where the intercourse took place and, unless accompanied by a third person, also during the repetition of the Hajj in the following year until they reach the place where the intercourse took place in the preceding year.
Rule 222:
If a person in ihram has sexual intercourse with his wife deliberately after the stay at Muzdalifah but before completing the fourth round of Tawaf ul-Nisa, then the penalty above stated is obligatory on him but his pilgrimage is not invalidated.
Rule 223:
If a person has sexual intercourse with his wife deliberately during the Umrat-ul-Mufradah, he is liable to the above stated penalty but his Umrah is valid if the intercourse took place after saee, otherwise the Umrah is invalidated as well. It is then mandatory on him to remain in Makkah for another month, then depart to one of the meeqaats and wear ihram again for the repetition of the Umrah. It is not sufficient to wear ihram from the nearest border to Hill. As a matter of caution, he must also complete the invalidated Umrah.
Rule 224:
If a pilgrim relieved from his ihram performs a sexual intercourse with his wife who is still in ihram, she becomes liable to a penalty; the price for it must be borne by the husband and the penalty is a camel.
Rule 225:
If a pilgrim in the state of ihram has sexual intercourse with his wife out of ignorance or oversight, his Umrah and Hajj are valid and there is no penalty on him. This rule applies also in respect of all the other prohibitions which attract penalties. That is to say that an act of a pilgrim in ihram will not attract a penalty if it was performed out of ignorance or by oversight, except in the following cases:
(1) if he forgets a tawaaf in Hajj or umrah till he returns to his country and has intercourse with his wife;
(2) if he forgets some portion of the saee in the Umrat-ul-Tamatoo and has intercourse with his wife considering himself relieved;
(3) if he needlessly keeps his hand on his head or beard and a hair or two drop off;
(4) if out of ignorance, he applies oil to his body. The rules relating to these aspects will be discussed at their appropriate places.
3. Kissing a Woman:
Rule 226:
It is not permissible for a pilgrim in the state of ihram to kiss his wife with passion and if he does so and as a result ejaculates, he is liable to a penalty of a camel and, as a matter of caution, must satisfy the penalty even if there was no ejaculation. If the kissing was without passion, the penalty is a goat.
Rule 227:
If a person who is not in the state of ihram kisses his wife who is in state of ihram, then, as a matter of caution, he must pay a penalty of a goat.
4. Touching a Woman:
Rule 228:
It is not permissible for a pilgrim in ihram to touch, carry or cuddle his wife with passion. If he does so, whether he ejaculates or not, he becomes liable to a penalty of a goat but if he touches, carries or cuddles her without passion, no penalty is incurred.
5. Looking at and Playing with a Woman:
Rule 229:
It is not permissible for a person in the state of ihram to indulge in foreplay with his wife If he does so and ejaculates, he is liable to a penalty of a camel but if he is unable to meet this penalty, then he is liable for a goat. If he looks at her without passion and he ejaculates, he is liable to a penalty of a camel. If, however, he looks at her, even with passion but does not ejaculate, he has sinned in ihram but there is no penalty on him.
Rule 230:
If a pilgrim in ihram unlawfully looks at a lady who is a stranger to him and ejaculates, he is liable to a penalty of a camel or if his living is of an average standard, a cow or, if he is poor, a goat. If there is no ejaculation, no penalty is incurred.
Rule 231:
It is permissible for a pilgrim in ihram to enjoy talking to his wife and meeting her in conditions other than those stated above.
6. Masturbation:
Rule 232:
If a pilgrim in the state of ihram masturbates, the rule of intercourse applies to him. If this happens before the stay at Muzdalifah, his Hajj is invalidated and it is obligatory on him to complete the ceremonies and repeat the pilgrimage in the following year. If this act occurs in the Umrat-ul-Mufradah before completing saee, his Umrah is invalidated and he is obliged to complete it and repeat it as stated above. The penalty for it is the same as for intercourse. If, however, there is ejaculation without masturbation, for example, by looking only or imagining, the penalty still attaches but the Hajj or Umrah is not invalidated but, as a matter of caution, it must be repeated.
7. Recitation of Nikah:
Rule 233:
It is forbidden for a pilgrim in the state of ihram to recite nikah for himself or another person, and whether the other is also in the state of ihram or not and whether the intended marriage is permanent or temporary. In all these conditions, the marriage is invalid.
Rule 234:
If a pilgrim in the state of ihram recites a nikah with a lady or a person not in the state of ihram recites it for him and the husband has intercourse with her when the reciter and the husband were aware that the nikah was performed in the state of ihram, both are liable to a penalty of a camel and the lady will also be liable to the penalty if she was aware of the circumstances.
Rule 235:
As a matter of caution, a person in the state of ihram should not propose to a lady for marriage. However, there is no objection to reverting to a lady who had been divorced by way of a reversible divorce.
8. Use of Scent or perfume:
Rule 236:
It is forbidden for a person in ihram to smell, apply or eat saffron, oud, misk, waras or amber and the like. It is also forbidden to wear clothes which have scent or perfume on them. As a matter of caution, one must refrain from all kinds of scent and perfume, like rose, jasmin,etc. There is one exception which is `Khulooqul-Kaaba' which is extracted from saffron and other materials and is applied on the Holy Kaaba.
Rule 237:
It is not forbidden to eat fruits which have a scent in them, like apples and quince.As a matter of caution, one must close the nose when eating them.
Rule 238:
If a person in ihram deliberately consumes an item of perfumery, it is generally accepted that the penalty on him is a sheep. However, there is doubt whether there is any penalty for using it otherwise than by consuming it, although as a matter of caution one must satisfy the penalty.
Rule 239:
It is forbidden for a pilgrim in the state of ihram to close his nose to bad smell, although there is no objection to moving away quickly from the smell.
9.Wearing Sewn clothes by Men:
Rule 240:
It is forbidden for a male pilgrim in the state of ihram to wear a shirt, robe, trousers, cloak with sleeves or armour or garment with buttons. As a mater of caution, he must refrain from sewn clothes. However, there is no objection in tying a sewn money purse round the waist or over the shoulder to protect the cash. Likewise it is permissible to use a sewn belt to support a rupture, for example of a hernia. He can also use a sewn kilt or covering but he must not let it cover his head.
Rule 241:
As a matter of caution, one must not tie the lose ends of the loin cloth round one's neck ; indeed one must not tie a knot in the loin cloth at all, that is, one must not connect the two ends of the loin cloth, either by a knot or by a pin or needle. As a matter of caution, one must not tie a knot in the cloth round the shoulders either but one connect its loose ends with a pin or a needle.
Rule 242:
Ladies can wear sewn dresses in the state of ihram but should not wear a pair of gloves.
Rule 243:
If a pilgrim in the state of ihram deliberately wears anything forbidden, the penalty is a sheep. As a matter of caution, the penalty must be paid even if the infringement is involuntary. If it is repeated, there is a penalty incurred for each repetition, even if it involves simply the deliberate change of the clothes.
10. Applying Collyrium (Surma):
Rule 244:
Two circumstances of its application need consideration:
(1) Application of black collyrium for beautification is totally forbidden, except if used for treatment.
(2) Application for beautification of collyrium which is not black without intention of beautification is not objectionable and carries no penalty. However, it is preferable to sacrifice a sheep if the collyrium was mixed with something unlawful.
11. Looking in a Mirror:
Rule 245:
It is forbidden for a pilgrim in the state of ihram to look in a mirror for the purpose of beautification and, as a matter of recommended caution, a penalty be paid of a sheep for its breach. However, there is no objection to looking in a mirror for any other reason, for example, a driver looking in the mirror to see what is behind his vehicle or a pilgrim needs to look into a mirror to treat his face of some injury,etc or to ensure that there is nothing on the face to obstruct water for wudhoo reaching the skin. If one has looked in the mirror for beautification, it is recommended to renew the talbiyah. There is no objection to the wearing of spectacles by men or women for a cause other than beautification. This rule applies to looking in other clean transparent substances which have the same effect as a mirror.
12. Wearing Shoes, Socks or Stockings:
Rule 246:
It is forbidden for a male pilgrim in the state of ihram to wear shoes, socks or stockings if they cover the foot. He is, however, permitted to wear what covers only part of the foot or to cover the whole foot without wearing anything, for example, by letting the cloth of the ihram round the waist to cover the whole foot while sitting. The penalty for wearing shoes, socks or stockings is a sheep, as a matter of caution. There is no objection to women wearing them. If a pilgrim in ihram is unable to obtain slippers and it becomes necessary for him to wear shoes, then it is recommended caution that he should tear off the front part.
13.Lying and Abuse:
Rule 247:
Lying and abusing is forbidden at all times but more seriously so when one is in the state of ihram. However, maintaining one's dignity by reason of one's social status in a manner as to despise other believers is forbidden, otherwise there is no objection in such conduct whether in the state of ihram or not. There is no penalty for such behaviour except that the pilgrim must seek forgiveness of Allah but, as a matter of caution, he should sacrifice a cow.
14. Quarrelling:
Rule 248:
It is forbidden for a pilgrim in the state of ihram to quarrel with others. particularly to swear by Allah in order to prove something. It is apparent that the prohibition is not exclusively for La Wallah (No, by Allah) or Bala Wallah (Yes, by Allah) but includes all types of swearing in the name of Allah in any language, even though it does not include la or bala. However, swearing by other than Allah is not taken into account.
Rule 249:
There are two exceptions to the rule in 248 above:
firstly, it is permissible to swear if it is necessary to do so to establish a right or disprove a false claim;
secondly, if it is not intended to take an oath or swear but for another purpose altogether, like showing respect or affection and saying," La Wallah (No by Allah) do not do so".
Rule 250:
There is no penalty far taking an oath if it is true but should seek forgiveness from Allah if he has done so only twice; otherwise there is a penalty of a sheep. However, if the oath is untrue, the penalty is a sheep for the first time, two sheep for the second and a cow for the third time. ; That is the maximum penalty. However, if he has paid the penalty and yet took
another false oath, the penalty repeats in the same order.
15. Killing of Insects found on the Body:
Rule 251:
It is forbidden for a pilgrim in the state of ihram to kill lice on one's body or throw them from one's body or, as a matter of caution, clothes but there is no objection in removing them from one place to the other. If it is killed, then as a matter of caution, the penalty is feeding the poor a handful of food. As for mosquitoes, gnats and the like, as a matter of caution, it is better to avoid killing them so long as they do not harm the pilgrim but it is permissible to kill them to protect oneself, although as a matter of caution one should avoid doing so.
16. Self Beautification:
Rule 252:
As a matter of caution, a pilgrim in the state of ihram should avoid whatever is considered to be beautification, whether or not he has the intention to beautify himself,; including applying 'hina' in the usual way. However, it is permissible to indulge in what is not considered as beautification as if it is used for treatment or the like. It is also permissible to apply it before wearing ihram even though its effect continues while the pilgrim is in the state of ihram.
Rule 253:
It is permissible in the state of ihram to wear a ring, not for beautification but as an act recommended in the religion or to take care of it so that it is not lost out for the purpose of counting the rounds of tawaaf but, as a matter of caution, wearing it for decoration must be avoided.
Rule 254:
It is forbidden for a lady in the state of ihram to wear decorative jewellery unless she customarily wore them before getting into the state of ihram but she should not exhibit them to her husband or, as a matter of great caution, to any male who is mahram to her. There is no penalty for beautification.
17. Applying Oil:
Rule 255:
It is not permissible for a pilgrim in the state of ihram to apply oil on the body even if there is no perfume or scent in it unless it is applied for necessity or treatment.
Rule 256:
If the oil which contains perfume is applied deliberately, the penalty for it is a sheep but if it is applied out of ignorance then, as a matter of caution, a poor person should be fed as the penalty.
18. Removal of Hair from the Body:
Rule 257:
It is forbidden for a pilgrim in the state of ihram to shave or pluck even one of his hair or the hair of another whether in ihram or not. There are three exceptions to this rule:
(1) if there are plenty of lice on the body of the pilgrim and is troubled by them;
(2) if it becomes necessary to remove them, for example the length or quantity of hair causes headache or for such other cause;
(3) if the hair drop off by themselves in the course of wudhoo or ghusl.
Rule 258:
If a pilgrim in the state of ihram shaves his head without any necessity to do so the penalty for the act is a sheep but if he does so out of necessity, then the penalty is a sheep or fasting for three days or feeding six poor persons, each receiving a kilo and a half of food. If he removes the hair under the armpits, the penalty for it is a sheep and, as a matter of caution, that will also be the penalty if he removes the hair under one armpit only. If he removes the hair of the beard and the other hair the penalty is feeding a poor man a handful of food. There is no penalty for a pilgrim to shave the head of another person, whether the other is in the state of ihram or not.
Rule 259:
There is no objection to a pilgrim in the state of ihram scratching his head or body if no hair falls or blood oozes. If the pilgrim without any reason moves his hand on his head or beard and one or two hair drop off, he must give in charity a handful of food. If this happens in the course of wudhoo or such act, then there is no penalty on him.
19. Covering of the Head by Men:
Rule 260:
It is not permissible for a male pilgrim in the state of ihram to cover his head or part of it by any means, even clay. As a matter of caution, he must not carry anything on his head. However, placing a leather water bag on the head or tying it with handkerchief and the like in order to reduce a headache is permissible. Likewise, it is forbidden to cover the ears.
Rule 261:
It is permissible to cover the head with a part of the body, like hands but it is better to avoid doing so.
Rule 262:
As a matter of caution, it is not permissible for a pilgrim in the state of ihram to immerse his body above the neck in water and the like and the rule is applicable to both males and females.
Rule 263:
If a pilgrim in the state of ihram covers his head, the penalty for it, as a matter of caution, is a sheep and obviously there is no penalty if the act is done under necessity.
20. Covering of the Face of Ladies:
Rule 264:
It is not permissible for a lady in the state of ihram to cover her face with a chador or niqab or a hand fan or the like. As a matter of caution, she should not cover even a part of the face. However, she can cover it while sleeping and there is no objection to covering part of the face in prayers (salaat).
Rule 265:
In the state of ihram, ladies can cover their faces by pulling the end of the veil from the head onto the nose and it is apparent that there is no need to hold the end of the veil away from the face by hand or otherwise, though it is better to do so as a matter of caution.
Rule 266:
As a matter of great caution, the penalty for covering the face is a sheep.
21. Remaining under Shade by Men:
Rule 267:
One can remain under shade in two ways:
(1) By using an umbrella or the roof of a coach or an aeroplane. This is forbidden for men in the state of ihram if the shade is above the head. However, it is allowed to remain under the shade of a moving cloud or if the shade falls on one side only, that is, pedestrians can walk beside a car producing a shade on one side or the like. As a matter of caution, riders must avoid shade unless the shade from objects producing shade from both sides is so short that it does not cover the head and chest of the pilgrim.
(2) By being under fixed objects like the shade of walls, tunnels, trees, mountains, etc. Being under such shade is allowed for a pilgrim in the state of ihram and whether he is riding or on foot. There is no objection in protecting oneself from the sun with one's bare hands, although, as a matter of caution, it is better to avoid doing so.
Rule 268:
The meaning of avoidance of cover is that no protection be used against the sun or rain but there is no objection to protecting oneself from wind, heat, cold, etc. It means that there is no objection to riding in a covered bus during the night even if it is not raining, even though he is protected against wind.
Rule 269:
Once the pilgrim in the state of ihram arrives in Makkah, there is no objection to his moving under shade even if he has not yet organized accommodation, just as there is no objection during the journey to remain under shade of a house in which the pilgrim is resting. Similarly, if the pilgrim stops at the house of a friend or any other person, it is apparent that he is permitted to be under shade. The question still remains as to whether her he is permitted to be under the shade of a moving object, like an umbrella, when, for example, he has arrived in Makkah and wishes to proceed to the Holy Mosque for tawaaf and saee or when in Mina wishes to proceed to the place of sacrifice. It is difficult to answer these questions affirmatively, so, as a matter of caution, one should avoid doing so.
Rule 270:
There is no objection to women or children being under shade or men out of necessity or fear of heat or cold.
Rule 271:
The penalty for being under shade is a sheep, whether the breach was deliberate or out of necessity. If it is repeated, then, as a matter of caution, a sheep be given for each day of the breach although it is apparent that there is only one penalty for the entire state of ihram.
Removal of the Blood from the Body:
It is forbidden for a pilgrim in the state of ihram to remove blood from his body even, as a matter of caution, during brushing his teeth. However, there is no objection in doing so out of necessity or to relieve pain. The penalty for its breach, as a matter of recommended caution is a sheep.
23. Cutting Nails:
It is forbidden for a pilgrim in the state of ihram to cut his nails or part of them unless it is causing injury to him. For example, if part of the nail has become blunt and causes pain to the remainder of it, it is permissible, in the circumstances, to cut the nail.
Rule 272:
The penalty for cutting one nail is 3/4 kilo (750 gms) of food and the penalty for cutting all the nails of the hand in one sitting is a sheep. The same is the rule for cutting the nails of the feet. If the nails of the hands and feet are cut in one sitting, the penalty is a sheep. If the nails of the hands are cut in one sitting and those of the feet in another, the penalty is two sheep.
Rule 273:
If a person in the state of ihram cuts his nails by following a ruling that it is permissible to do so and in the process blood oozes out, the penalty for the act, as a matter of caution, must be paid by the person who gave the ruling.
24: Extraction of tooth:
Rule 274:
Scholars are unanimous in the view that extraction of tooth by a person in the state of ihram is forbidden even if no blood comes out in the process and the penalty for the act is a sheep. Although there is doubt in the reasoning for this view, it is not far from being the correct view.
25: Wearing of Arms:
Rule 275:
It is forbidden for a person in the state of ihram to wear arms, like sword, gun and the like which would generally be regarded as arms. Items of protection, like an armour etc., are excluded from this rule.
Rule 276:
There is no objection if the arms are in the luggage and are not connected to the body although, as a matter of caution, it is better to avoid having them altogether.
Rule 277:
Carrying of arms is forbidden only in ordinary conditions but if there is necessity to carry them, for example, when there is fear of enemies or thieves, then there is no objection in doing so.
Rule 278:
As a matter of caution, the penalty for carrying arms without necessity is a sheep.
MATTERS FORBIDDEN WITHIN
THE HARAM
Matters forbidden for the pilgrim in the state of ihram have now been covered and we proceed to deal with the matters forbidden to the pilgrim and the native:
First: Hunting in the Haram is forbidden to the pilgrim and the native as stated before.
Second: Uprooting grass or cutting down trees in the Haram is forbidden. However, there is no objection if grass gets uprooted in the course of ordinary walk or letting animals feed on the grass but it is better to avoid cutting grass to feed them. There are some exceptions to the rule:
(1) Edhkher' which is a well known herb;
(2) Date palm and fruit trees;
(3) Grass or trees planted by an individual;
(4) Trees or grass growing on the premises of an individual after the purchase of the property or settling in it except that the trees that were there at the time of the purchase of the property do not fall within the exception.
Rule 279:
If the roots of a tree are in the area of the Haram but its branches fall outside it or vice versa, it will be governed as though it were wholly within the area of the Haram.
Rule 280:
The penalty for cutting down a tree is its value and the penalty for cutting a portion of it is the value of the portion cut off but there is no penalty for cutting grass.
Third: It is not permissible to impose the religious punishment upon a person who guilty of an act committed outside the Haram has taken refuge inside the Haram. However, people should refrain from feeding such a person or communicating with him till he has no option but to leave the Haram and submit to the punishment.
Fourth: It is highly discouraged to pick lost property within the Haram but if a person has picked it and finds no sign to recognise its owner, he may keep it for himself. As a matter of caution, however, it is recommended that he should give it in charity on behalf of its owner. If its price is more than one dirham (3.456 gms of silver) he should announce for one year that he has found it and if the owner does not claim it, then he must give it in charity on behalf of the owner.
BOUNDARIES OF HARAM
The boundaries of Haram are known and have ben handed down from generation to generation. From the north is Tan'eem, north-west is Al-Hudaibiyyah, that is, Shamisi, north-east is Thaniyyatu Jabalal Maqtai, east is Batan Namirah, south-east is Ja'ranah and from south-west is Idhaatul Laban.
The boundaries of Madinah are the mountains of Aaer and Waeer and the valleys of Waaqim and Laili. Although it is not obligatory to wear ihram from Madinah, it is not permissible to cut the trees, especially the green ones, and, as a matter of caution,
hunting is not permitted at all.
PLACE OF SACRIFICE
Rule 281:
If the penalty is for hunting in the course of an Umrat-ul-Mufradah in the state of ihram, the animal must be sacrificed in Makkah but if it was in the course of Hajj then the animal must be sacrificed in Mina. As a matter of caution the same roll applies to any other penalty.
Rule 282:
If the penalty has become due on a pilgrim in the state of ihram for hunting or otherwise but has not been fulfilled until after completion of the pilgrimage and arrival at home, he has the option where to sacrifice the animal.
DISBURSEMENT OF THE SACRIFICE
All penalties which were incurred by a pilgrim must be handed to the poor and needy. As a matter of caution he must refrain from eating it, and if he did so, he must pay its price to the poor.
TAWAAF
In Umrat-ul-Tamatoo, the second obligation is tawaaf and its deliberate non-performance invalidates the Hajj, whether or not he was aware of the rule or the subject. To delay its performance till the time when it would no longer be possible to perform it as it would be time for the stay in Arafah, then the Umrah will be invalid and it is apparent that the ihram will also be invalidated. Reverting to Hajj-ul-Ifraad is not sufficient even though one should do so as a matter of caution and in both situations, it is obligatory on him to repeat the Hajj in the following year.
THE CONDITIONS FOR TAWAF (CIRCUMAMBULATION)
There are certain matters relating to tawaaf:
First: Niyyah: The tawaaf is invalid if there is no intention to perform it for the purpose of attaining nearness and obedience to Allah.
Second: Cleanliness from urine and excretion and if one performs the tawaaf despite such uncleanliness, whether deliberately or out of ignorance or by oversight, the tawaaf is invalid.
Rule 283:
If in the course of the tawaaf, the pilgrim in the state of ihram passes wind, water or excretion,then:
(i) if he does so before completing the fourth round,the tawaaf is invalid and he must repeat it after performing wudhu;
(ii) if it occurs involuntarily after completing the fourth round,he must interrupt the tawaaf,perform wudhu and complete the tawaaf from where he had interrupted it;
(iii) if it occurs after completing the fourth round, but occured deliberately,then, as a matter of caution, he must complete the tawaaaf after performing wudhu and repeat the tawaaf.
Rule 284:
If the pilgrim entertains a doubt about being in wudhu before commencing the tawaaf, then if he remembers having performed wudhu and the doubt relates to whether it was subsequently broken or not, he should ignore the doubt,else it will be obligatory on him to perform wudhu and the tawaaf. However if that doubt arises in the course of the tawaaf, then if he remembers having performed wudhu before, the ruling is as already stated; else, if the doubt arises before the completion of the fourth round, he must perform wudhu and repeat the tawaaf, else he must interrupt the tawaaf, perform wudhu and complete the remainder of the tawaaf.
Rule 285:
If the doubt arises about the cleanliness after completing the tawaaf it must be ignored, although as a matter of caution it may be repeated but it is obligatory to clean oneself for the prayers (salaat) after the tawaaf.
Rule 286:
If it is not possible to perform wudhoo for a reason not likely to change, tayammum must be performed for the tawaaf and if even tayammum is not possible the tawaaf itself cannot be performed. When all hope of possibility fades, a deputy must be appointed to perform the. tawaaf on his behalf and, as a matter of recommended caution, he must also perform the tawaaf without wudhu or tayammum.
Rule 287:
When the periods of Haiz and Nifas are over and on Mujnib, ghusl is obligatory for the performance of tawaaf and if it is not possible to do so and there is no hope of any possibility of ghusl, then the tawaaf must be performed with tayammum. In such a case, as a
matter of recommended caution, a deputy must also be appointed to perform the tawaaf and if even tayammum is not possible, the appointment of the deputy will be confirmed.
Rule 288:
If in the course of Umrat-ul-Tamatoo, a lady whether in the state of ihram or not gets into menstruation, then, if there is sufficient time for performance of the Umrah, she should wait for the period to be completed, perform her ghusl and then perform the Ihram. If, however, the time is short, two situations can arise:
Firstly, if the period commenced before getting into the state of ihram, she should change to Hajj-ul-Ifrad and on completion of the ceremonies for Hajj, if possible, it is obligatory on her to perform the Umrat-ul-Mufradah.
Secondly, if the period commences after getting into the state of ihram, then she has the choice of either performing the Hajj-ul-Ifraad as stated in firstly above or to perform the ceremonies of Umrat-ul-Tamatoo without performing the tawaaf and its prayers. After saee she should perform taqseer and then wear the ihram for Hajj. On returning to Makkah after completing the ceremonies of Mina she should perform the tawaaf of the Umrah before performing the tawaaf for the Hajj. If even then the bleeding should be continuing and she is convinced that it will continue until after return from Mina, she should appoint a deputy to perform the tawaaf for her. She should perform the saee herself.
Rule 289:
If the bleeding commences when the lady in the state of ihram is in the course of tawaaf, then if it occurs before the completion of the fourth round, the tawaaf is invalid and the rule in her case is as stated above but if it occurs after the completion of the fourth round, what was performed is valid and it is obligatory to complete the remainder of the tawaaf after ghusl. In both the situations, as a matter of caution, if time permits, she should perform a complete tawaaf afterwards. Else, she should perform saee and taqseer, wear the ihram for Hajj and on her return to Makkah from Mina after completion of the ceremonies there she should perform the tawaaf by way of qadha before performing the tawaaf for the Hajj as stated above.
Rule 290:
If the bleeding commences after completion of the tawaaf but before saying the prayers (salaat) for the tawaaf, it is valid and she should say the prayers after performing her ghusl but if the time is short, she should perform the saee and taqseer and say the prayers by way of qadha before the tawaaf of Hajj.
Rule 291:
If a lady has completed her tawaaf and said her prayers (salaat) for the tawaaf and then feels the bleeding but is uncertain as to whether it commenced before the tawaaf or the prayers or during one of them or after completion of the prayers, she should proceed on the basis that the tawaaf and the prayers are valid. However, if she knows that it commenced before or during the prayers, the preceding rule will apply.
Rule 292:
If, when a lady enters Makkah she is able to performs the Umrat-ul-Tamatoo but deliberately postpones its completion until her monthly period commences and the time becomes short, it is apparent that her Umrah becomes invalid. As a matter of caution, she should change to Hajj-ul-Ifraad and has no choice but to perform the pilgrimage again in the following year.
Rule 293:
In an optional tawaaf, cleanliness is not a prerequisite and is valid without it but it is essential for the prayers (salaat) which are not valid without it.
Rule 294:
It is sufficient for a disabled person to clean himself according to his condition. For example, he may be helpless or incontinent of urine or afflicted with intestinal ailment and may not be able to control himself. As a matter of caution, he must do both, if possible, perform the tawaaf personally and appoint an attorney to perform it on his behalf. In the case of abnormal menstruation, as a matter of caution, if it is little, she should perform a separate wudhoo for both the tawaaf and the prayers; if it is moderate, she should perform a ghusl but a separate wudhoo for both of them and if it is intense then she should perform a separate ghusl for the tawaaf and the prayers without the need for wudhoo if there is no urination. If there is, then, as a matter of caution, wudhoo would also have to be performed with the ghusl.
Thirdly, Conditions of tawaaf: Cleanliness of the body and clothes: a tawaaf is not valid if the body or the clothes worn are unclean (najis). The uncleanliness (najasah) which is excusable in prayers (salaat)-like blood of the size of less than a dirham is not, as a matter of caution, excusable in tawaaf. There is no objection in carrying anything which is najis during tawaaf.
Rule 295:
There is no objection about blood from ulcers or wounds oozing in the course of a tawaaf if it is difficult to restrain it. Nor is it obligatory to remove the blood from the cloth or body in the course of the tawaaf. For a pilgrim to have with him unclean things in the course of a tawaaf does not invalidate the tawaaf nor items which would invalidate the prayers (salaat) if worn in them.
Rule 296:
If the pilgrim is unaware of any uncleanliness (najasah) on his body or clothes and becomes aware of it only after completion of the tawaaf, it is valid and there is no need to repeat it. Similarly even the prayers (salaat) after the tawaaf will be valid if he was unaware of the uncleanliness until after completion of the prayers unless he was in doubt about the uncleanliness before the prayers or made investigation and did not become aware of it. However, the person who has a doubt but does not make investigation and finds the uncleanliness after prayers must, as a matter of caution, repeat the prayers.
Rule 297:
If the pilgrim forgets about the uncleanliness (najasah) on his body or clothes and remembers of it after completion of the tawaaf it is apparent that the tawaaf is valid but, as a matter of caution, it is better to repeat it. However, if he remembers it after completion of the prayers (salaat) he must repeat the prayers, as a matter of caution, if he forgot as a result of negligence, otherwise there is no need to repeat it.
Rule 298:
If the pilgrim was unaware of the uncleanliness (najasah) on his body or clothes and became aware of it in the course of the tawaaf or he or the clothes became unclean in the course and before the completion of the tawaaf, then if he has clean (tahir) clothes on him, he should change into clean ones and complete the tawaaf and if he does not have them with him, then if this occurred after the completion of the fourth round of the tawaaf, he should leave the tawaaf, clean the clothes or himself and complete the tawaaf. If this occurs before the completion of the fourth round, he should leave the tawaaf, clean the clothes or himself and, as a matter of caution, perform another complete tawaaf, even though it is apparent that it is not obligatory to repeat the tawaaf.
Fourth: Circumcision of Males: It is apparent that as a matter of caution, if an intelligent child wears the ihram himself, he must also be circumcised. If he is not intelligent or his guardian helped him wear the ihram then it is not clear that he is required to have been circumcised for the purpose of tawaaf, although, as a matter of caution, he should be.
Rule 299:
If an uncircumcised pilgrim in ihram, whether of puberty or an intelligent child, performs a tawaaf, it is invalid and, unless he repeats it after being circumcised, will be regarded as a person who has abandoned the tawaaf and treated as will hereafter be discussed.
Rule 300:
If a person has the means to perform the obligatory pilgrimage but is not circumcised, then if he can be circumcised and can perform the pilgrimage in the same year, it is obligatory on him to do both in the same year or else, he should postpone the pilgrimage till after circumcision. If it is not possible for him to be circumcised at all, whether because of some necessity or any other reason, then it is obligatory on him to perform the pilgrimage but, as a matter of caution, he should perform the tawaaf himself for both the Umrah and Hajj and also appoint an agent to perform the tawaaf and say the prayers (salaat) after the tawaaf on his behalf and he should recite the prayers (salaat) after the tawaaf after the agent has recited them.
Fifth: As a matter of caution, it is necessary to cover the private parts during tawaaf and the clothes have to be lawfully acquired. As a matter of caution, all the rules applicable to the clothes worn during prayers (salaat) must be observed during tawaaf as well.
THE OBLIGATIONS IN TAWAF
There are eight obligations to be fulfilled in tawaaf:
First: It must be commenced at Hajar-ul-Aswad (The Black Stone) and as a matter of recommended caution the entire body of the pilgrim must pass in front of the entire Stone. It is recommended to stop a little distance from the Stone so that one is certain to be opposite to it 'and the extra distance will provide assurance of a proper start.
Second: Each round is completed at the Hajar-ul-Aswad and in the last round it is recommended to proceed a little further from the Stone so that the extra distance covered may provide assurance of its proper completion.
Third: At all times during the tawaaf, the Holy Kaaba must be to the left of the pilgrim. If, in order to kiss a corner of the Holy Kaaba one faces it or because of great rush of the pilgrims, one becomes facing it or it is to one's back or right the distance covered in such pose will not be counted as part of tawaaf. This rule is basic common sense as is also evident from the tawaaf of the Holy Prophet (S.A.A.W.) when he did so riding. So there is no need for special effort to be made at the Hijr Ismail and at the corners.
Fourth: Hijr Ismail must be included in the tawaaf, that is to say, the pilgrim must go round the Hijr without entering it or climbing its wall.
Fifth: One must circumambulate keeping clear of the Holy Kaaba and the projection from it known as Shadharwaan.
Sixth: One must circumambulate seven times continuously. Less than seven rounds will invalidate the tawaaf and if more than seven rounds are made deliberately, the tawaaf will be invalid too as will be discussed below.
Seventh: The seven rounds must follow each other without considerable interruption between them.
Eighth: The tawaaf must be performed by free movement of the pilgrim. If he was made to move by being pushed by the crowd the tawaaf will not be acceptable.
Rule 301:
It is generally well known about tawaaf that it be performed between the Holy Kaaba and Maqame Ibrahim (a.s.) which is a distance of twenty six and a half arm lengths (=about 12 meters) and as one has to go round the wall of the Hijr Ismail, the distance there is reduced to six and a half arm lengths (=4.42 meters) but it is clear that if one moves outside this ambit it is acceptable particularly if one is unable to remain within the limits or it would cause him harm to do so. However, if possible, it is recommended to repeat the tawaaf if one has moved outside the limits.
DEPARTING FROM BOUNDS OF TAWAF
Rule 302:
If a person departs from the limits of tawaaf and enters the Holy Kaaba, the tawaaf is invalidated and it must be repeated. It is preferable that the tawaaf be first completed and then performed again if the departure took place after completion of half of the tawaaf.
Rule 303:
If a pilgrim departs from the tawaaf to the ' Shadharwaan', the tawaaf becomes invalid to the extent of the departure. As a matter of caution, after making good the distance, he should complete the tawaaf and then repeat it. As a matter of caution, one should not, in the course of tawaaf, extend one's arm towards the ' Shadharwaan' or the wall of the Holy Kaaba to touch a corner or whatsoever.
Rule 304:
If a pilgrim enters Hijr Ismail in the course of a tawaaf, by oversight or out of ignorance, the round in which this occurs is invalid and there is no option but to repeat it and it is better to repeat after completion of the entire tawaaf: The same rule applies, as a matter of caution, to walking on the wall of the Hijr and a pilgrim in the course of tawaaf must not touch the wall of the Hijr either.
Rule 305:
If, without good reason, a pilgrim in the course of a tawaaf departs from it to the outside before completing the fourth round, the tawaaf is invalid and has to be repeated. If it was after completing the fourth round, as a matter of caution, the tawaaf must be completed and then repeated. However, if the tawaaf was optional, he may complete the remainder provided that he does not break the sequence.
Rule 306:
If menstruation of a lady commences in the course of a tawaaf, it is obligatory on her to depart from it and the Masjid-ul-Haraam immediately. The Rule that would then apply to her has already been discussed in the Condition for tawaaf above.
Rule 307:
It is permissible for a pilgrim performing tawaaf to depart from it in order to visit a sick person or to attend to his own matter or that of a brother in faith, and if the tawaaf was obligatory and he had completed the fourth round, his tawaaf is valid. However, if he leaves before completing the fourth round, his tawaaf is invalidated. If the tawaaf was a recommended one, he can continue from where he stopped, even though he had not completed four rounds.
Rule 308:
It is permissible to sit down to rest in the course of a tawaaf but it must not be prolonged so much that the sequence as generally accepted be broken for in that event the tawaaf becomes invalid and has to be performed again.
IRREGULARITIES IN TAWAAF
Rule 309:
If a pilgrim interrupts a tawaaf in order to obtain the benefit of praying at the earliest time or join congregational prayers or perform the recommended prayers, then he must complete the tawaaf from where he interrupted it after completing his prayers. As a matter of caution, he should repeat the tawaaf after completing it if the interruption was in the course of an obligatory tawaaf and occurred before completing the fourth round.
Rule 310:
If during a tawaaf an omission is made by inadvertence and the pilgrim becomes conscious of the impropriety before the sequence of continuity is broken and he has not left the area of tawaaf, he should complete it and it will be valid.However, if he becomes conscious of it after the sequence is broken, then if he had forgotten to perform one round or two or three rounds, he should perform it or them, and the tawaaf will be valid. If he cannot perform it personally even though he remembers after returning to his home, he may appoint an agent to perform it on his behalf. If he had forgotten more than three rounds, he should return and perform the missed ones but it is better that having done so, he should perform another full tawaaf.
ADDITIONS IN TAWAAF
There are five kinds to be considered:
1. If there is no intention to make any additions as part of the tawaaf being performed or another tawaaf, for example that it was intended to make one more round assuming that it was recommended to do so, any addition made does not invalidate the tawaaf.
2. If at the commencement or in the course of a tawaaf an intention is formed to make an addition as part of the tawaaf being performed, it is undoubtedly invalid and has to be performed again.
3. If after completion of the tawaaf, any addition made is considered part of the tawaaf performed, then it is clear that the tawaaf becomes invalid.
4. If the addition is intended to be part of another tawaaf, the other tawaaf will need to be completed but it will not be valid as two tawaafs will have been joined except if both the tawaafs are not obligatory ones, but it is discouraged to join two tawaafs.
5. If the addition is intended to be part of another tawaaf which per chance was not completed, there is neither addition nor connection but the tawaaf is none the less invalid as it lacks the intention of attaining nearness to Allah. Similar will be the case if the pilgrim intends at the commencement or in the course of the tawaaf to make an addition knowing of the invalidity of the connection between the two tawaafs as there would be no certainty of the intention to obtain nearness, even if the connection does not materialise out of accident.
Rule 311:
If a pilgrim makes addition to his tawaaf by oversight, then if he remembers after reaching the Iraqi corner he must complete that addition as a complete tawaaf with the intention of attaining nearness to Allah, without specifying it to be obligatory or recommended. Then he must recite four rakaats, and preferably separate them by reciting two for the obligatory tawaaf before saee and the other two for the recommended tawaaf after saee. As a matter of caution, the same rule applies if he remembers before reaching the Iraqi corner.
DOUBT AS TO THE NUMBER OF ROUNDS
Rule 312:
If after the completion of the tawaaf a doubt arises as to the number of rounds performed or the propriety of the tawaaf, it may be ignored. If it arises in the course of the prayers (salaat) recited after the tawaaf, the doubt may also be ignored.
Rule 313:
If the pilgrim is sure of having performed seven rounds but entertains a doubt as to whether there was any addition, for example doubting if the last round is the eighth, the doubt should be ignored and the tawaaf is valid. If the doubt, however, arises before the last round is completed, it is clear that the tawaaf is invalid and, as a matter of caution, the last round be completed and the tawaaf repeated.
Rule 314:
If a doubt arises as to the number of rounds performed, for example, whether six or seven or whether five or six or lesser, the tawaaf is invalidated and so is the case if the doubt is in respect of greater number of rounds or lesser, like whether the last round is the sixth or the eighth.
Rule 315:
If the doubt is whether it is the sixth or the seventh round and owing to ignorance of the rule the pilgrim proceeds on the basis that it is the sixth round and completes the tawaaf, he is obliged to perform the entire tawaaf again but if he remains ignorant of the rule until the period for correction passes, the tawaaf would be valid.
Rule 316:
It is permissible for a pilgrim to place reliance on the count of rounds by his companion if the latter is certain of his count.
Rule 317:
If a doubt arises in an optional tawaaf, one can proceed on the basis of the lower figure and the tawaaf is valid.
Rule 318:
If a pilgrim omits to perform the tawaaf in Umrat-ul-Tamatoo deliberately and knowingly or out of ignorance and it is not possible to perform it before the time of stay at Arafaat, the Umrah is invalid and he is obliged to repeat the Hajj the following year and, as already been discussed, it is clear that his ihram will also be invalidated but, as a matter of caution, he
should change to Hajj-ul-Ifraad and complete it with the intention of performing Hajj and Umrat-ul-Mufradah. If a pilgrim deliberately omits to perform the tawaaf of Hajj, and it is not possible to rectify the omission, the Hajj is invalid and he is obliged to repeat the pilgrimage in the following year. If he did so out of ignorance, the penalty is the sacrifice of a camel.
Rule 319:
If a pilgrim forgets to perform a tawaaf it is obligatory on him to perform it when he remembers and if by then the period for it has passed, he should perform it by way of qadha and his Hajj will be valid. As a matter of caution, after the qadha tawaaf, he should repeat the saee. If he remembers at a time when it is no longer possible to perform its qadha, for example if he has forgotten the tawaaf of Umrah-ul-Tamatoo till his stay at Arafaat or forgot his tawaaf of Hajj till the end of Dhil Hijjah he must perform the qadha and repeat the saee as a matter of caution. If he has already reached his home country, he is obliged to appoint an agent.
Rule 320:
If a pilgrim forgets to perform tawaaf, returns home and has sexual intercourse with his wife and later remembers the omission, then if the tawaaf was for Hajj, he is obliged to have a sheep sacrificed in Mina and if it was for Umrah in Makkah.
Rule 321:
If a pilgrim forgets to perform a tawaaf and remembers it when there is still opportunity to perform its qadha, he should undertake it in his former ihram and there is no need to renew it. However, if he has departed from Makkah, it is necessary to wear a new ihram in order to enter Makkah except for the cases explained in Rule 141.
Rule 322:
All that becomes lawful for a pilgrim after tawaaf does not become lawful for the one who forgets to perform it until after he has performed its qadha or his agent has done so on his behalf.
Rule 323:
If by reason of illness, fracture of bones or old age, a pilgrim is unable to perform tawaaf by himself, it is permissible for him to take assistance from another person even by way of sitting on the shoulders of the other or pushed on a wheelchair but, as a matter of caution, should be carried in such a way that his feet touch the ground. If even that is not possible, he is obliged to appoint an agent to perform the tawaaf on his behalf. If even that is not possible, for example, because he is unconscious, his guardian should appoint an agent. The same is the rule in respect of the prayers (salaat) after the tawaaf. If he can recite them himself, he should do so, else he should appoint an agent to recite them on his behalf. (Rules regarding menstruation of women have already been discussed under the conditions of tawaaf).
THE PRAYERS (SALAAT) AFTER TAWAAF
The third obligation in the Umrat-ul-Tamatoo consists of two rakaats to be recited after the tawaaf. It is recited like the Fajr prayers except that the reciter has the option to recite it aloud or silently. It is obligatory to recite it close to Maqaame Ibrahim (a.s.) and, as a matter of caution, it is clear that it must be recited at its rear. If it is not possible to do so, one may recite them on one of its both sides in addition to reciting them far from the Maqaam but at its rear. If this is not possible, any of the two is sufficient. However, if this is not possible either, then one may recite them anywhere in the Mosque, as a mater of caution, as close to the Maqaam as possible.This is the rule when the tawaaf is obligatory but when it is optional, one may pray anywhere in the Mosque.
Rule 324:
If a person deliberately omits to say the prayers after tawaaf, his Hajj is invalid.
Rule 325:
The prayers must be recited immediately after the tawaaf, that is to say, there must not be a gap of time, generally speaking, between the tawaaf and the prayers.
Rule 326:
If a pilgrim forgets to recite the prayers after tawaaf and remembers them after saee, he should recite them immediately and there is no need to repeat the saee, although one may do so as a matter of caution. If he remembers them in the course of the saee, he should interrupt it and recite the prayers at the Maqaam and then return to complete the saee from where he had interrupted it. If he remembers them after departing from Makkah, it is obligatory to return and recite them at the Maqaam, if doing so will not cause inconvenience and if it is not possible to return, he should say them wherever he remembers them. Even if it is possible to return to the boundary of the Haram,it is not necessary to do so. If one omits to recite the prayers out of ignorance, the same rule applies to him as for the one who forgets.
Rule 327:
If a person dies but has an obligation to recite the prayers, it is obligatory on his eldest son to have the qadha recited.
Rule 328:
If the recitation of the prayers by the pilgrim is not correct and he is unable to correct it, it is sufficient for him to recite whatever he knows. If it is possible to render the recitation correct, it is obligatory to do so. If, despite such possibility, he does not correct the prayers and the time becomes short, he should recite them as best he can and also join congregational prayers and also appoint an agent to recite them on his behalf.
Rule 329:
If a pilgrim is unaware that his recitation is incorrect and his ignorance is excusable, his prayers are valid and there is no need to recite them again, even if he comes to know after the prayers that there was a defect in them. If his ignorance was not excusable, then after correcting his error, he must recite the prayers after tawaaf again and the rules relating to a person who had forgotten to recite the prayers will apply to him.
THE OBLIGATIONS OF SAEE
This is the fourth obligation in Umrat-ul-Tamatoo. In saee too, intention to seek nearness of Allah is obligatory but there is no obligation to cover the private parts or for cleanliness although it is preferable to be clean during saee.
Rule 330:
Saee is to be performed after tawaaf and the prayers (salaat). If it 'is performed before the tawaaf or the prayers, it is obligatory to repeat it after performing them. As for one who forgets to perform a tawaaf and recalls after performing saee. the rule has already been set out above.
Rule 331:
Niyyah is necessary in saee that it is performed for Umrah or Hajj, whichever is applicable, to attain nearness to Allah.
Rude 332:
Saee consists of seven rounds. The starting point for saee is the first part of Safaa and from there to proceed to Marwah. This is counted as the first round. Then one must return to Safaa and reach there. This would be counted as the second round. The process must be repeated until seven rounds are completed at Marwah. One should cover the whole distance between the two mountains each round and there is no need to climb on any of the mountains even though it is preferable to do so. It is obligatory, as a matter of caution, that there should be continuity in its performance and there should not be a gap of time between the rounds.
Rule 333:
1f a person starts from Marwah as the first round, the saee will be invalid and he must restart from Safaa.
Rule 334:
Although it is better but it is not necessary in saee that the pilgrim must walk; it is permissible to ride on an animal or be carried by another person or pushed on a wheelchair.
Rule 335:
It is necessary in saee that the pilgrim must go and return between Safaa and Marwah on the known track. It is not permissible to go or return via the Mosque or along another route. However, there is also no requirement that one must walk absolutely straight.
Rule 336:
When walking to Marwah, one must advance towards it and likewise when proceeding towards Safaa; one must advance to it. It is not permissible to turn one's back to Marwah if proceeding to it or turn one's back to Safaa when returning from Marwah. However, there is no objection to merely looking to the right, left or back in the course of the walk.
Rule 337:
It is permitted to sit at Safaa or Marwah or between them to rest but, as a matter of caution, one must avoid sitting between Safaa and Marwah, except for those who are tired, or to pray at the earliest time. In these cases. one may complete the saee from where it had been interrupted. As a matter of caution, if one interrupts a saee one should complete it and then repeat it.
THE RULES OF SAEE
Saee is one of the fundamentals of Hajj and if one omits to perform it deliberately, whether knowing the rule or ignorant of it or because the time became so short that it could not be performed before the period for stay at Arafaat, the Hajj is invalidated and he is subject to the rules applicable to one who deliberately omitted the tawaaf already mentioned above.
Rule 338:
If one forgets to perform saee, one must perform it when one remembers but if one remembers after completion of the ceremonies of Hajj and is unable to perform the saee personally because of some restraint or difficulty, he is obliged to appoint an agent and in both such cases, the pilgrimage will be valid.
Rule 339:
If a pilgrim is unable to perform the saee personally even by being carried on the shoulders of another man or on a wheelchair, he may appoint an agent to perform the saee on his behalf and his Hajj will be valid.
Rule 340:
As a matter of caution, a pilgrim must not delay the performance of saee after the tawaaf and prayers beyond the period necessary to avoid heat and exhaustion although it is permissible to delay it till night. In ordinary circumstances it is not permissible to delay it to the next day.
Rule 341:
The rule on additions in saee is exactly the same as the rule in tawaaf. It invalidates the saee if additions are made knowingly and deliberately. However, if the addition is made out of ignorance of the rule, it is clear that the saee will not be invalidated but, as a matter of caution, must be repeated.
Rule 342:
If a pilgrim makes addition in saee by mistake, the saee is valid but if the addition is a complete round or more, it is recommended that he should complete seven rounds to make a full saee apart from the first one. In this way he will complete at Safaa.
Rule 343:
If a pilgrim deliberately makes less than the required rounds in saee, whether knowing the rule or not, and is unable to remedy it because of the required period of stay in Arafaat, his Hajj is invalidated and he is obliged to perform it again in the following year. It is obvious that his ihram is invalidated also. If the omission is out of oversight, it is obligatory on him to perform what was omitted when he remembers even if it is after completion of Hajj. If he remembers the omission whilst he is in Arafaat, or after the expiry of Dhil Hijjah, as a matter of caution, he must repeat the saee after completing the forgotten rounds. However. if this is difficult, he is obliged to appoint an agent to perform on his behalf. As a matter of caution, the agent must perform a full saee with the niyyath of fulfilling an obligation of his principal in addition to completing the forgotten rounds.
Rule 344:
If in the course of Umrat-ul-Tamatoo, a pilgrim mistakenly omits a portion of saee but in the belief that he had completed it, then, as a matter of caution. he should sacrifice a cow in penalty and, as already stated, it is obligatory to complete the saee.
DOUBTS IN SAEE
After taqseer, there is no room for doubt in the number of rounds made, but if it arises before taqseer then, if the doubt is whether additions were made, it should be ignored but if it is whether omissions were made, the saee is invalidated.
Rule 345:
If having reached Marwah in the last round, a pilgrim entertains a doubt as to whether it was his seventh or ninth round, the doubt should be ignored and the saee is valid. However, if the same doubt arises in the course of a round, the saee is invalidated and has to be performed again.
Rule 346:
The rule on doubt concerning the number of rounds in saee is the same as the rule for such doubts in tawaaf arising in the course of the tawaaf itself. If there is doubt on the number of rounds, the saee is invalidated.
TAQSEER
It is the fifth obligation in Umrat-ul-Tamatoo. Its meaning is to cut some hair of the head or beard or mustache. It is necessary that this is done with the intention of attaining nearness to Allah and it is not enough for taqseer merely to pluck out hair. As a matter of caution, it is preferable to cut hair rather than nail.
Rule 347:
Taqseer completes the Umrat-ul-Tamatoo. It is not permissible to shave off the head as to do so is forbidden and attracts, as a matter of caution, a penalty of a sheep if one does so knowingly and deliberately.
Rule 348:
If a pilgrim has sexual intercourse after saee but before taqseer knowingly and deliberately he is liable to a penalty of a camel. However, if he did so in ignorance of the rule, he is relieved of the penalty.
Rule 349:
Taqseer must follow saee and it is not permissible to perform it before saee.
Rule 350: Taqseer is not obligatory immediately after saee and it is permissible to do taqseer where one pleases, whether near Marwah or at one's house or other place.
Rule 351:
If a pilgrim deliberately omits to perform taqseer and wears ihram for Hajj, his Umrah is invalidated and obviously his Hajj changes to Ifraad. He must perform the Umrat-ul-Mufradah later and, as a matter of caution, repeat the Hajj in the following year.
Rule 352:
If a pilgrim omits taqseer by oversight and proceeds to wear ihram for Hajj, his Umrah and ihram are valid but, as a matter of caution, he must pay a penalty of a sheep.
Rule 353:
In Umrat-ul-Tamatoo when a pilgrim performs taqseer, all the prohibitions in the state of ihram are lifted including shaving off the head but as a matter of caution, it is lawful to shave the head within thirty days from the day of Idd-ul-Fitr, but not after the period. If he does shave after the period knowingly and deliberately, he must pay, as a matter of caution, the penalty of a sheep.
Rule 354:
In Umrat-ul-Tamatoo, Tawaaf ul-Nisa is not obligatory but there is no objection in performing it.
IHRAM FOR HAJJ
It has been stated above that there are thirteen obligations in Hajj which will now be considered in detail:
FIRST OBLIGATION:
Ihram: The best time for wearing it for Hajj is the day of Tarwiyyah which is the eighth of Dhul Hijjah at noon and it is permissible to wear ihram from three days before then for old and sick people fearful of overcrowding. They can wear ihram and depart from Makkah before the other people. Indeed, if need be, immediately after completing Umrat-ul-Tamatoo, it is permissible to wear the ihram for Hajj and depart from Makkah.
Rule 355:
Just as it is not permissible to wear the ihram for Hajj before taqseer, so it is not permissible in Hajj to wear the ihram for Umrat-ul-Mufradah before the completion of the ceremonies of Hajj. However, it can be worn after completion of all the ceremonies but before Tawaaf ul-Nisa.
Rule 356:
The time for wearing ihram is very limited on the day of Arafaat when there is fear of missing the time for the required stay in Arafaat.
Rule 357:
The rules concerning the procedure, obligations and prohibitions in the state of ihram apply just the same to both the ihram for Umrah and Hajj, and the only difference between them is in the niyyah.
Rule 358:
It is obligatory to wear ihram from Makkah as mentioned above. The best place for it is the Holy Mosque and it is recommended to wear the ihram after reciting two rakaats at Maqaam-e-Ibrahim or Hijr Ismail.
Rule 359:
If a pilgrim forgets to wear ihram or ignorant of the rules, departs from Makkah without wearing it and then remembers or acquires the knowledge, it is obligatory on him to return to Makkah, even if he is in Arafaat, and wear ihram from there. If because of limited time or other reason it is not possible to return to Makkah, he should wear the ihram wherever he is. Similarly if he remembers or acquires the knowledge after the stay at Arafaat, he should proceed to Makkah if that is possible and wear ihram there but if he does not remember or acquire the knowledge until after completion of Hajj, his Hajj is valid.
Rule 360:
If a pilgrim knowingly and deliberately omits to wear ihram, it is obligatory on him to correct it and if it is not possible to do so before the stay at Arafaat, his Hajj is invalidated and he is obliged to repeat it in the following year.
Rule 361:
As a matter of caution, one must not make an optional tawaaf after wearing the ihram for Hajj and before departing from Makkah and if one does so, one must, as a matter of caution, renew the talbiyah after the tawaaf.
THE STAY AT ARAFAAT SECOND OBLIGATION;
The second obligation in Hajj-ul-Tamatoo is the stay at Arafaat to attain nearness to Allah. The requirement is the presence in Arafaat, regardless of whether the pilgrim is riding, walking, sitting or moving.
Rule 362:
The boundaries of Arafaat are from Oranah. Thowayeh, Namerah to Dhil Mijaz and Maazamein. Obviously these boundaries are outside the places of stay for the pilgrims.
Rule 363:
Apparently, the mountain is within the part of the place for stay but it is recommended to stay on the flat land to the left of the mountain.
Rule 364:
One must stay in Arafaat consciously so that sleeping or being unconscious throughout the period will not count as valid stay. However, if the pilgrim commenced the stay consciously, then if he subsequently slept or became unconscious, the stay will not be affected.
Rule 365:
As a matter of caution. the stay at Arafaat should be from the beginning of noon on the ninth of Dhil Hijjah till sunset. It is apparent that a delay caused by performance of ghusl or praying zohr and asr jointly is permissible. The stay there for this period is obligatory and whoever omits to do so commits a sin but it is not one of the fundamentals of Hajj, meaning
that if one omits to stay there for a portion of the required time, one's Hajj is not invalidated. However, if one deliberately omits to stay there altogether, the Hajj is invalidated. Presence there is one of the fundamentals, not the stay throughout the period.
Rule 366:
If a pilgrim forgets to stay at Arafaat or omits to do so out of ignorance or other cause, it is obligatory on him to stay there for a portion of the eve of Idd and his Hajj will be valid. If he fails to stay there at all, his Hajj will be invalidated. This rule applies when he can catch up with the stay at Muzdalifah before sunrise but if he was unsure about reaching Muzdalifah before sunrise he must stay at Arafaat only and his Hajj is valid.
Rule 367:
It is forbidden to depart from Arafaat knowingly and deliberately before Maghrib, but doing so does not invalidate the Hajj. There is no penalty on him if the pilgrim repents and returns to Arafaat, otherwise he must sacrifice a camel in Mina and not Makkah as a matter of caution, or, if this is not possible for him, he must observe fast for eighteen days consecutively, in Makkah or on his way home. The same rule applies to one who forgets or ignorant of the rule departs prematurely. It is obligatory on him to return there on remembering or learning the rule, otherwise, as a mater of caution. he must satisfy the stated penalty.
Rule 368:
Since some of the ceremonies of the pilgrimage are obligatory on certain days it is the duty of the pilgrim to investigate the sighting of the moon for the month of Dhul Hijjah so that he can perform the ceremonies at the correct times.
If the Qadhi of the holy places proclaims the sighting of the moon but it was not established according to the religious criteria, then it may said to be acceptable for those convinced that the proclamation was correct. They must abide by it and their pilgrimage is valid, otherwise it will be invalidated. Furthermore, it may be said that to follow the proclamation of such a Qadhi is sufficient even though the pilgrim is not convinced about it, especially when taqiyyah requires such a practice. But both the views are not approved, then if it was possible for the pilgrim to perform all the ceremonies on the fixed times according to the conviction of the pilgrim, his pilgrimage is valid. Otherwise, if he ignores the opinion of the Qadhi regarding the two stays his Pilgrimage is invalidated; however, if he follows the opinion of the Qadhi without making investigations the validity of his pilgrimage is arguable.
THE STAY AT MUZDALIFAH THIRD OBLIGATION:
The third obligation in Hajj-ul-Tamatoo is the stay at Muzdalifah which is also known as Macer-ul-Haraam. The limits within which the stay is obligatory are from Ma'zmein to Hiyadh and Wadi Muhassar. If, because of overcrowding and limited time, it is not possible to be within the limits, one can climb to Ma'zmein. The intention for the stay must be to attain nearness to Allah.
Rule 369:
When the pilgrim departs from Arafaat he must, as a matter of caution, spend the night in Muzdalifah. As a matter of caution, he should stay till sunrise even though it is apparent that he can depart from Muzdalifah for Wadi Muhassar before sunrise but he is not permitted to cross the Wadi and enter Mina before sunrise.
Rule 370:
It is obligatory to stay in Muzdalifah from dawn to sunrise on the day of Idd but the stay throughout the period is not one of the fundamentals of Hajj. Thus, if a pilgrim stopped there for a period of the eve of Idd, then he departs before dawn, his Hajj is valid, but if he does so deliberately, he incurs a penalty of a sheep. If he does so out of ignorance, there is no penalty on him.
Rule 371:
If a person does not stay there at all between dawn and sunrise, his Hajj is invalid. The exceptions are ladies, children, the fearful, the weak, the aged and the sick. 1t is permissible for them to spend the night (the eve of Idd) at Muzdalifah and proceed to Mina before dawn.
Rule 372:
The stay at Muzdalifah must be with the intention of attaining nearness to Allah and consciously as stated for the stay at Arafaat.
Rule 373:
If a person forgets to stay at Muzdalifah or is, for other cause, unable to remain there between dawn and sunrise, he must do so for a period between sunrise and noon on the day of Idd. If he omits to do so altogether, his Hajj is invalidated.
ACCOMPLISHING THE TWO OR ONE OF THE STAYS
It has been stated above that for the stay at both Arafaat and Muzdalifah, there are appointed and alternative periods of stay. If the pilgrim manages to stay during the definite periods in both the places, there is no difficulty. If not, the following circumstances arise:
First: if the pilgrimage did not manage to stay at either of the places at all, his pilgrimage is invalid. It is obligatory for the pilgrim to change to Umrat-ul-Mufradah in the ihram of Hajj itself. It is then obligatory on him to perform the Hajj in the following year if his obligation was Hijjatul Islam and his means still exist or else the obligation will remain on him.
Second: If he manages to stay in Arafaat during the appointed period and the alternative period in Muzdalifah.
Third: If he manages to stay in Arafaat during the alternative period and in Muzdalifah during the appointed period, then in these two circumstances his Hajj is valid but with doubt.
Fourth: If he stays at both the places in the alternative period, then it is clear that his Hajj is valid but, as a matter of caution, in the following year he must repeat whatever, if any, of the other obligations in Hajj which remained uncompleted or else the obligation to perform pilgrimage will remain on him.
Fifth: If he manages only the stay at Muzdalifah during the appointed period, his Hajj is still valid.
Sixth: If he manages only the stay at Muzdalifah during the alternative period, then it is apparent that his Hajj is invalid and should be changed to Umrat-ulMufradah.
Seventh: If he manages only the stay at Arafaat during the appointed period, then it is apparent that his Hajj is invalid and he must change to Umrat-ul-Mufradah. The exception to the rule is if he passes through Muzdalifah on the way to Mina during the appointed period but does not stay there because of ignorance of the rule, then it is not far from correct to say that the Hajj will be valid, particularly when passing through Muzdalifah, the pilgrim was in the remembrance of Allah.
Eighth: If he manages only the stay at Arafaat in the alternative period, his Hajj is invalid and he must change to Umrat-ul-Mufradah.
MINA AND THE OBLIGATIONS THERE FOURTH OBLIGATION:
When the pilgrim departs from Muzdalifah, it is obligatory to proceed to Mina to perform the obligations there which, as will be discussed in detail, are three:
1. Throwing pebbles at the Jamrat-ul-Uqbah:
This is the fourth obligation in Hajj on the day of the sacrifice and there are certain details:
1. The intention (niyyah) for the act must be to attain nearness to Allah.
2. Seven pebbles must be thrown, not more or less, and it is not permitted to throw anything other than pebbles.
3. The pebbles must be thrown one after the other and not two or more of them at the same time.
4. It is necessary that the pebbles hit the Jamrah.
5. The pebbles must reach the Jamrah by being thrown at it and not merely depositing them there.
6. The throwing of the pebbles and hitting the Jamrah both must be done by the pilgrim himself. So, if the pebble was in his hand but he was pushed resulting in the pebble reaching the Jamrah, the obligation is not satisfied. The same rule applies if the Jamrah is obstructed by a man or an animal whose movements result in the pebble hitting the Jamrah. However, there is no objection if the pebble hits something and then reaches the Jamrah.
7. The pebble must be thrown by hand. So if the pilgrim throws it by his mouth or feet, it is not sufficient and, as a matter of caution, it is not permissible to use a tool to fling a pebble onto the Jamrah.
8. The throwing of pebbles must be carried out between sunrise and sunset. Ladies and the others who are permitted to leave Muzdalifah at night may throw the pebbles at the Jamrah at night during the eve of Idd.
Rule 374:
If during the throwing of the pebbles, the pilgrim entertains a doubt as to whether the pebble struck the Jamrah or not, he must resolve that it did not unless he had already engaged himself in another obligation or it was already night when the doubt arose in which cases he must ignore the doubt.
Rule 375:
Two matters are to be borne in mind regarding the pebbles:
(1) The pebbles must have been picked within the borders of the Haram but not from the Holy Mosque or the Mosque of Khiif and better still that they be picked in Mu-zdalifah.
(2) As a matter of caution, they must not have been used for this purpose before and it is recommended that they be coloured, dotted and soft and of thickness of a finger and at the time of throwing them, one should be standing on one's feet.
Rule 376:
As a matter of caution, the pebbles must be hit upto the original height of the Jamrah and it is not sufficient to hit the extension and elevation recently made or the upper storey of the Jamrah recently constructed. If it is not possible to hit the on the original area only, then the pilgrim may personally hit the extended portion and appoint an agent to hit the original portion on his behalf.
In this regard, it is immaterial whether the action is from awareness, ignorance or by oversight.
Rule 377:
If a pilgrim forgets to hit the pebbles on the day of Idd or omits to do so out of the ignorance of the rule, he must correct the' error by the 13th of Dhi1 Hijjah whenever he remembers or learns of the rule. If he recalls or learns the rule at night, he must throw the pebbles the next day unless he qualifies in the category permitted to throw them at night. If he recalls or learns after the 13th of Dhil Hijjah, as a matter of caution, he should retum to Mina and throw the pebbles and repeat the exercise in the following year personally or appoint an agent to do so on his behalf. If he recalls or learns the rule after departure from Makkah, there is no need to return to Mina but in the following year he must either throw the pebbles personally or appoint an agent to do so on his behalf.
Rule 378:
If a pilgrim forgets to hit the pebbles on the day of Idd or omits to do so out of ignorance of the rule and recalls or learns the rule after having performed the tawaaf, it is not obligatory to correct the omission after the tawaaf, although, as a matter of caution, one should do so. However, if he knowingly and deliberately omits to throw the pebbles, then obviously his tawaaf is invalidated and it is obligatory on him to repeat the tawaaf after throwing the pebbles.
FIFTH OBLIGATION:
2. Sacrifice of an animal at Mina:
This is the fifth obligation in Hajj-ul-Tamatoo and it is necessary to form the intention of doing so to attain nearness to Allah. 'The sacrifice must be made during the day, unless one is afraid to do so in which case it may be made at night. It is obligatory, as a matter of caution, that it be made after throwing the pebbles but if one does so before the throwing of pebbles because he forgot or did not know the rule, it is still valid and does not need to be repeated. It is obligatory that the sacrifice be made at Mina and if it is not possible because of the rush there and Mina is not able to accommodate all the pilgrims the sacrifice may be made at Wadi Muhassar. If, by delaying the sacrifice, it becomes possible for the pilgrim to make the sacrifice in Mina he may delay it upto the thirteenth of Dhil Hijjah.
Rule 379:
As a matter of caution, the sacrifice must be made on the day of Idd but if the pilgrim forgets or omits to do so for other cause or ignorance of the rule, then it is obligatory to do so by the l3th of Dhil Hijjah but if the cause continues to subsist, it may be delayed to the end af Dhil Hijjah. As a matter of caution, the sacrifice must not be made at night except by those who are fearful.
Rule 380:
Each pilgrim is obliged to make one sacrifice.
Rule 381:
It is obligatory that the animal of sacrifice be either a camel, a cow or a goat. It is not permissible to sacrifice a camel unless it has reached the age of five years and has entered the sixth. If it is a cow or a goat it must have completed two years and, as a matter of caution, entered the third and if it is a sheep unless it has completed the seventh month and entered the eighth. As a matter of caution, it must have completed one year and entered the second. If after the sacrifice, the pilgrim learns that the age of the animal was less than the required, the sacrifice is not proper and will have to be made again. It is also necessary that all the parts of the animal be sound; it must not be blind, lame, without ears or with damaged horns, etc. Indeed it is apparent that it should not be castrated (unless another is not found), weak, sick, very old or diseased in both testicles. There is no objection if its ears are injured or perforated although, as a matter of caution, they must be clear of such defects. As a matter of recommended caution, it must not have been born without a tail or horns.
Rule 382:
If a pilgrim purchases for sacrifice a sound animal without any deformity and pays its price and later discovers that it has a defect, it will be sufficient as a sacrifice.
Rule 383:
If possible, the conditions for sacrifice discussed above should be fulfilled but if a condition cannot be fulfilled, a pilgrim should fulfil as many of them as possible.
Rule 384:
If an animal of sacrifice is slaughtered in the belief that it is fat but it transpires that it is weak, it will still be sufiicient and another need not be purchased and slaughtered.
Rule 385:
If there is a doubt that an animal is weak but is slaughtered in the name of Allah and it transpires that it is fat and sound, it will be sufficient for the sacrifice. The same rule applies if the pilgrim entertains a doubt after the sacrifice as to whether it was carried out in Mina or elsewhere. However, if the doubt that arises is whether he sacrificed an animal at all, then if it arose after shaving the head or taqseer, the doubt should be ignored. Otherwise, he needs to return to Mina and effect a sacrifice there.
Rule 386:
If a sound animal is purchased for Hajj-ul-Tamatoo but after the purchase it becomes sick or deformed or loses a limb or a defect appears, it is not sufficient to slaughter it for sacrifice. As a matter of caution, the pilgrim should sacrifice it as well and if he sold it he should spend its price in charity.
Rule 387:
If after the purchase of an animal for sacrifice it gets lost and not knowing that someone else had sacrificed it on his behalf another is purchased but before the other is slaughtered, the first is found, it is sufficient to slaughter the first and the second remains the property of the pilgrim; he may slaughter it as well if he so wishes. As a matter of recommended caution, he must slaughter the second one as well. If the lost animal is found after the second was slaughtered, as a matter of caution, the first must also be slaughtered.
Rule 388:
If a person finds a lost animal belonging to another person, he should look for the owner till the I2th of Dhil Hijjah and if he fails to find him by the afternoon (asr) of the day, he should slaughter the animal on behalf of the owner.
Rule 389:
If an animal cannot be found for sacrifice in time and the pilgrim has the cash ready, he should deposit it with a reliable person to purchase and slaughter an animal on his behalf before the end of Dhil Hijjah and at the same time he should keep fasting. If after the elapse of the whole month of Dhil Hijjah, an animal is not found, then one must be slaughtered in the following year.
Rule 390:
If an animal cannot be found and the cash is not available, then in lieu of the sacrifice, the pilgrim must observe fast for ten days, on the seventh, eighth and ninth of Dhil Hijah and the remaining seven at his home after return. As a matter of caution, the seven fasts must be observed consecutively. It is permissible to keep the first three fasts from the first of Dhil Hijjah after the completion of the Umrat-ul-Tamatoo but must be kept consecutively. If he does not retum home but remains in Makkah, he must wait till his companions reach home or for one month before keeping the seven fasts.
Rule 391:
If the person on whom there is the obligation to keep the three fasts cannot observe a fast on the seventh of Dhil Hijjah, he should keep the two on the eighth and ninth of the month and the third on his return to Makkah after completing the ceremonies at Mina. If he is unable to fast on the eighth either, he should wait to return from Mina when he should keep the three fasts together. As a matter of caution, on return from Mina, the fasts must be kept without undue delay. If he becomes unable to keep the fasts on return from Mina, he should keep them on his way home or on reaching home but he should not join them with the seven fasts. If he becomes unable to keep the three by the time the moon for the month of Muharram is sighted, he is relieved from the fasts and he must make the sacrifice in the following year.
Rule 392:
If it is not possible for a pilgrim to find an animal and the cash for it is not available to him and he observes the three fasts during Hajj but then it becomes possible for him to make the sacrifice, it is obligatory on him to do so as a matter of caution.
Rule 393:
If it is not possible for a pilgrim to make the sacrifice on his own but is able to join others in partnership, as a matter of caution, he should do so to make the sacrifice and also keep the fasts as stated above.
Rule 394:
If a person hands to another an animal or its value for the other to purchase an animal and sacrifice it on his behalf and subsequently entertains a doubt as to whether the agent has sacrificed the animal or not, he must resolve that the agent has not done so. However, if the agent is a reliable person and informs him that he has sacrificed the animal, then that would be suffcient.
Rule 395:
The conditions for the sacrifice of an animal do not apply if the sacrifice is being made to satisfy a penalty (kaffarah) although, as a matter of caution, they should also be fulfilled.
Rule 396:
It is not necessary that the animal, whether for sacrifice or penalty; be slaughtered by the pilgrim personally. It is also permissible to appoint an agent to do so in which case the agent must make the intention on behalf of the owner of the sacrifice and not himself although, as a matter of caution, he must make the intention also. The agent must be a Muslim.
THE DISTRIBUTION OF THE SACRIFICE
As a matter of caution, one-third of the sacrifice must be given in charity to the needy faithful, one-third to the faithful as a gift and one-third can be eaten by the owner. It is not obligatory to hand over the one-third to the poor personally but it is permissible to hand it to his agent (even if the agent is the owner of the sacrifice himself) who would distribute according to the instructions of the principal, whether gift to another or sell or abandon or otherwise. It is desirable to take the meat of the sacrifice from Mina if people who are there do not need it.
Rule 397:
It is not necessary that the sacrifice be physically divided in three parts. It is enough if he gives one-third undivided share of it in charity, one-third undivided share of it as a gift and eats a portion from the remaining one-third himself.
Rule 398:
If a person receives a portion by way of charity or gift, he is free to deal with it as he pleases and there is no objection in his passing ownership in it to a non-faithful or a non-Muslim.
Rule 399:
If the animal is stolen after the slaughter as a sacrifice or forcibly snatched before distribution of the meat by way of charity or gift, there is no obligation on the owner of the sacrifice. However, if he deliberately wastes it or gives it to persons not entitled to it, then, as a matter of caution, he is liable for the portion of the poor, that is one-third, as a matter of caution.
SIXTH OBLIGATION:
3. Shaving of Head and Taqseer:
It is the sixth obligation in the obligatory Hajj and it is necessary that the intention (niyyah) in carrying it out should be to attain nearness to Allah. It is not permissible to perform this obligation before the Idd day or even on its eve except for those who are fearful. As a matter of caution, it should be done during day time and after the throwing of pebbles and the making of sacrifce but if it precedes them or either of them by oversight or ignorance of the rule, then there is need to repeat it.
Rule 400:
Shaving of the head is not permissible for ladies and taqseer is specified for them.
Rule 401:
Men have the option between shaving of the head and taqseer but shaving of the head is preferred. However, if one applies glue, honey or the like in the hair of the head because of lice or gathers the hair to one side of the head and ties them together, as a matter of caution, he must prefer shaving the head. If it is the first Hajj of the pilgrim, as a matter of caution, he too should prefer to shave the head.
Rule 402:
If a pilgrim opts for shaving his head but fears that the barber will injure his head, it is not permissible for him to shave but he should have a crop by a machine or he must perform the taqseer and then have his head shaved.
Rule 403:
If it is doubtful whether a person is a male or a female or a hermaphrodite is obliged to perform taqseer unless he has applied glue or honey in the hair or has gathered and tied them, in which case, he should perform both but, as a matter of caution, he should first perform taqseer and then have the head shaven.
Rule 404:
After the shaving of head or taqseer, all the matters which had been forbidden during ihram become permissible except intimacy to the wife, perfume and hunting. It is apparent that intimacy to ladies is not exclusively intercourse but applies to all types of enjoyments which are forbidden during ihram. However, a pilgrim can attend the nikah and be a witness at it after shaving his head.
Rule 405:
If a pilgrim forgets to perform taqseer or have the head shaven or omits to do so out of ignorance of the rule and departs from Mina, he should return and perform either of them but if it becomes difficult to return, he should perform either of them from wherever he is and, if it is possible, send the hair to Mina. However, if the pilgrim shaves his head somewhere other than Mina, even though deliberately, it is sufficient but, if possible, he must send the hair to Mina
Rule 406:
If a person forgets to perform taqseer or have his head shaved or omits to do so out of ignorance of the rule and recalls or learns the rule after completion of all the ceremonies of Hajj and then performs either of them, it is not necessary to repeat the tawaaf and saee, although, as a matter of caution, one should repeat the tawaaf and saee if he recalls or learns the rule while still in Makkah.
TAWAAF OF HAJJ AND THE PRAYERS (SALAAT) AND SAEE
Seventh, Eighth And Ninth Obligations:
The seventh, eighth and ninth obligations in the obligatory Hajj are tawaaf, its prayers and saee.
Rule 407:
The rules, procedures and conditions in respect of them are similar to those set out above for Umrah.
Rule 408:
It is recommended to return to Makkah on the Idd day to perform the tawaaf and as a matter of caution not to postpone it beyond the eleventh even though it is permissible to do so. It is permissible to postpone the tawaaf till the end of Dhil Hijjah.
Rule 409:
As a matter of caution, it is not permissible in Hajj-ul-Tamatoo to perform the tawaaf of Hajj and the prayers after it and the saee before the two stays at Arafaat and Muzdalifah. The only people who are permitted to perform tawaaf and the prayers before the two stays are
(i) women who fear the start of menstruation or nifaas, that is blood after delivery;
(ii) old and ill people who find it difficult to retum to Makkah or to perform tawaaf after returning from Mina because of the crowd or the like reasons;
(iii) people who fear from any other cause preventing them from returning to Makkah. It is permissible for these groups of people to perform tawaaf and its prayers and saee before the two stays at Arafaat and Muzdalifa. As a matter of caution, they should perform the saee also before the two stays and repeat it at its proper time. It is preferable that the tawaaf and prayers be repeated, if possible, by the end of Dhil Hijjah.
Rule 410:
Those who perform the tawaaf of Hajj after the two stays at Arafah and Muzdalifa must perform it after shaving or taqseer. However, if deliberately and knowingly they perform it before the two stays, they must repeat it afterwards and pay the penalty of a sheep.
Rule 411:
The rules applicable to a pilgrim who is unable to perform tawaaf, its prayers and saee in Hajj-ul-Tamatoo are the same as those applicable in Umratul-Tamatoo mentioned under Rules 329 and 339 above. A lady who notices that mensturation has statted and is unable to stay in Makkah till she becomes clean to perform the tawaaf, it is necessary for her to appoint an agent to perfarm the tawaaf and its prayers on her behalf and then after the performance of the tawaaf and its prayers by the agent, perform the saee personally
Rule 412:
On completion of the tawaaf, prayers and saee, use of perfume becomes lawful but, as a matter of caution, intimacy with wife and hunting still remain prohibited.
Rule 413:
For those permitted to perform tawaaf and saee before the two stays, use of perfume will not become lawful until after the completion by them of the ceremonies of Mina, the throwing of pebbles, sacrifice and shaving of head or taqseer.
TAWAF-UL-NISA
Tenth and Eleventh Obligations:
This is the tenth obligation in Hajj and the eleventh is the prayers (salaat) which follow it. Although they are obligatory, they do not constitute the ceremonies of Hajj and the failure to perform them, even if deliberate, does not invalidate the Hajj.
Rule 414:
Tawaaf ul-Nisa is obligatory on both males and females. If the male fails to perform it, any woman becomes unlawful for him and if the woman omits to perform it, any man becomes unlawful for her. An agent performing a tawaaf ul-Nisa will do so on behalf of the principal and not himself.
Rule 415:
The procedures and rules regarding the Tawaaf ul-Nisa and the prayers following it are the same as those for the 'tawaaf for Hajj and the prayers after it. The only difference is in the niyyah.
Rule 416:
If, by reason of illness or otherwise, a person is unable to perform the Tawaaf ul-Nisa, he should do so with the help of another person or even riding an animal or carried by another man as explained in rule 323 above.
Rule 417:
If a man fails to perform the Tawaaf ul-Nisa, whether knowingly and deliberately or out of ignorance of the rule or through oversight, any woman is forbidden to him until it is performed. If there is difficulty about him performing it personally, it is permissible for him to appoint an agent to do so on his behalf and when the agent has performed it on his behalf, his lawful women become permissible to him. If he dies before performing it, then, if his eldest person performs it on his behalf, the obligation is satisfied, otherwise, as a matter of caution, its qadha must be performed and paid for out of the shares of the adult heirs with their approval.
Rule 418:
It is not permissible to perform Tawaaf ul-Nisa before saee. If one does so knowingly and deliberately, it is obligatory to repeat it after saee and if one does so out of ignorance of the rule or through oversight, it is apparently sufficient, though, as a matter of caution, one must repeat it.
Rule 419:
It is permissible to perform Tawaf ul-Nisa before the two stays at Arafaat and Mina for people mentioned in rule 409 above but their wives do not become lawful to them until after the performance of the ceremonies at Mina, the throwing of pebbles, sacrifice and shaving of head or taqseer.
Rule 420:
If menstruation of a lady commences and her companions will not await her becoming clean, it is permissible for her to omit the performance of the Tawaaf ul-Nisa and depart with her companions and in such a case, as a matter of caution, she should appoint an agent to perform the tawaaf and recite the prayers on her behalf. If the menstruation commences after she had performed the fourth round, it is permissible for her to omit the performance of the remainder of the tawaaf and depart with her companions. As a matter of caution, she must appoint an agent to perform the remainder of the tawaaf and recite the prayers on her behalf.
Rule 421: The rules applicable to forgetting to recite the prayers (salaat) after the Tawaaf ul-Nisa are the same as those for forgetting to say them after the tawaaf for Umrah which is mentioned under 326 above.
Rule 422:
Man and woman become lawful to each other after both have performed Tawaaf- ul-Nisa and recited the prayers. The prohibition on hunting remains, as a matter of caution, till the noon of the thirteenth. Cutting of trees and grass and hunting in the Haram is forbidden anyway as already stated above.
STAY IN MINA
Twelfth Obligation:
The twelfth obligation in Hajj is to spend the nights of the eve of the eleventh and twelfth in Mina. It is necessary to form the intention to do so in order to attain the nearness of Allah. If, on the day of Idd, the pilgrim departs to Makkah to perform the tawaaf and saee, it is obligatory on him to return to Mina to spend the night there. He who has not refrained from hunting in the state of ihram must also spend the night of the eve of the thirteenth in Mina. As a matter of caution, so must one who has not abstained from sexual intercourse in the state of ihram. Apart from these two categories, the remaining pilgrims can depart from Mina after Zuhr on the twelfth but if they delay their departure till night falls, they must spend the night of the eve of the thirteenth in Mina till dawn.
Rule 423:
If a pilgrim prepares himself to depart from Mina and leaves the premises he occupied there but is unable to depart from Mina because of the great rush of pilgrims or for other reason, then, if it is possible for him to spend the night there, it is obligatory to do so but if there is some difficulty about spending the night there, he is permitted to leave Mina though, as a matter of caution, must sacrifice a sheep as a penalty.
Rule 424:
If it becomes obligatory on a person to spend the night in Mina, it is not necessary for him to spend the whole of the following day there also; he need stay just long enough to throw the pebbles at the three Jamaraat. Nor is it obligatory to spend the entire night there; it is enough if he remains there from the beginning of the night to a little after midnight or from a little before midnight till dawn. It is preferable that he should spend the first half of the night there but must not enter Makkah before sunrise.
Rule 425:
There are some exceptions to the rule requiring stay in Mina:
(1) A person who finds it difficult to stay or one who fears danger to life or property by staying in Mina;
(2) those spending the whole night in worship in Makkah, except for the time needed to meet necessities like food, drink, etc;
(3) those who, having performed the Tawaaf, remain in prayers and then depart from Makkah crossing beyond the city, can remain on the route without the need to have entered Mina and are permitted to delay their return to Mina to throw the pebbles and
(4) people who bring water for the pilgrims.
Rule 426:
One who omits to spend the nights in Mina must sacrifice a sheep for every night as a penalty except for groups (2), (3) and (4) above. As a matter of caution, even those who omit to do so by oversight or out of ignorance of the rule or are excused from spending the nights there must sacrifice a sheep.
Rule 427:
A person who departs from Mina and then re-enters at night on the eve of the thirteenth on some business does not need to spend the night there.
THROWING PEBBLES AT JAMARAAT
Thirteenth Obligation:
The thirteenth obligation in Hajj is throwing pebbles at the three jamaraat, the First (Oola), Middle (Wusta) and Last (Uqbah), on the eleventh and twelfth and, as a matter of caution, also on the thirteenth if its eve was spent in Mina. It must be done personally and appointment of an agent is not permitted except for a good reason.
Rule 428:
It is obligatory to commence the throwing of pebbles at the First Jamrah (Oola), then the Middle (Wusta) and finally the Last (Uqbah). If the sequence is not followed, even if by oversight or ignorance of the rule, the procedure must be repeated to achieve the proper sequence. However, if one forgets or misses a Jamrah and throws four pebbles at the subsequent one before realising, he may complete the seven and there is no need to repeat there.
Rule 429:
The obligations already set out at page 69 above in respect of the throwing of pebbles at the Uqbah (the last) apply to the throwing of the pebbles at all the Jamarat.
Rule 430:
The pebbles must be thrown at the Jamaraat during the day. The exceptions to the rule are shepherds, the indebted who are fearful of being arrested and all those fearing danger to their life, honour and property are permitted to throw the pebbles at night instead of doing so during the day.
Rule 431:
If a person omits to throw pebbles on the eleventh by ignorance or oversight, it is obligatory on him to make up for it on the twelfth by way of qadha and if a person forgets to do so on the twelfth he must make up on the thirteenth and, as a matter of caution, the one who omits the throwing of pebbles deliberately is like the ignorant and, as a matter of caution, must differentiate between his current and qadha actions; the qadha must precede the current and the qadha at the beginning of the day and the current at noon.
Rule 432:
If a person omits to throw pebbles by oversight or ignorance and recalls after reaching Makkah, it is obligatory on him to return to Mina to throw the pebbles. If he had forgotten to throw the pebbles on two or three days, he must keep an interval of one hour between the throwing of pebbles for the different days. If he recalls after departure from Makkah, it is not obligatory to return to Mina but he must perform the qadha in the following year personally or by appointing an agent.
Rule 433:
The pilgrim who, like the sick, cannot throw the pebbles personally should appoint an agent to throw them on his behalf. It is preferable that he should attend at the place of jamaraat and witness the actions of his agent, if possible. If the agent throws the pebbles on his behalf at a time when there was no expectation of recovery but the pilgrim subsequently recovers, then, as a matter of caution, he must throw the pebbles personally. However, if he is not able to appoint an agent because of not being conscious, his guardian or any other person can throw the pebbles on his behalf.
Rule 434:
The omission to throw the pebbles does not invalidate the Hajj, even if deliberate. However, it is obligatory to perform its qadha personally or through an agent, as a matter of caution, in the following year.
PERSONS PREVENTED FROM PERFORMING HAJJ
Rule 435:
If a pilgrim has been prevented from performing Umrah after wearing ihram, he should make the sacrifice from wherever he is if he is carrying the sacrifice with him. If not, he must obtain the animal and sacrifice it and, as a matter of caution, he is not relieved without doing so. As a matter of caution, he must also perform taqseer or shave his head.
Rule 436:
A pilgrim who is prevented from performing Hajjul-Tamatoo, if he is prevented from the two stays or, in particular, the stay at Muzdalifah, as a matter of caution, he must perform tawaaf and saee, then shave his head and sacrifice a sheep to be relieved from his ihram. If he is prevented from tawaaf and saee after the two stays and the ceremonies at Mina and is unable to appoint an agent, he must sacrifice an animal at the place where he is prevented and if it is possible to appoint an agent, he must, as a matter of caution, do both, sacrifice an animal and also appoint an agent to complete the ceremonies on his behalf. If a person is prevented specially from the ceremonies at Mina without affecting his entry into Makkah, if possible to do so, he must appoint an agent to throw the pebbles and make the sacrifice on his behalf and then have his head shaven or perform taqseer and, if possible, sending his hair to Mina and be relieved from ihram. He may then perform the remaining ceremonies. If it is not possible for him to appoint an agent, he is relieved from making a sacrifice but must fast in lieu of it. Then he must have his head shaven or perform taqseer and proceed to Makkah to complete the ceremonies there and be relieved from all the prohibitions applicable in the state of ihram including those regarding his wife. His Hajj will be valid.
Rule 437:
By making the above said sacrifice, a person prevented from performing Hajj is not relieved of his obligation to perform a Hajj and if he remains of means to the following year it is obligatory on him to repeat it or else the liability will continue to rest on him.
Rule 438:
If he is prevented from returning to Mina to spend the night there and throw the pebbles, his Hajj is completed but he must appoint an agent to throw the pebbles on his behalf in that year and if that is not possible, as a matter of caution, in the following year.
Rule 439:
For the above said sacrifice there is no difference whether it is a camel or a sheep and if he is unable to make the sacrifice, he must fast for ten days instead.
Rule 440:
If a pilgrim in the state of ihram has intercourse with his wife before the stay at Muzdalifah, he must complete the remaining ceremonies and repeat the hajj as mentioned earlier. However, if he is prevented from completing the ceremonies, the rules relating to the prevented pilgrim would apply to him but he must pay a penalty for the intercourse in addition to the animal for sacrifice.
PERSONS PREVENTED FROM COMPLETING HAJJ BY SICKNESS ETC.
Rule 441:
If a person becomes prevented from completing an Umrat-ul-Mufradah or Umrat-ul-Tamatoo and wishes to be relieved from ihram, his obligation is to send an animal or its price to Makkah and to seek a promise from his companion to make the sacrifice there at an appointed time. On the arrival of the time, he must shave or perform taqseer and becomes relieved from the prohibitions of Ihram and the companion becomes relieved upon making the sacrifice. If he becomes prevented during Hajj, the rules stated above will apply. However, the place of sacrifice is Mina and the time is Idd day. In all the above mentioned cases the prevented pilgrim is relieved except from intimacy to a woman but in both Hajj or Umrah, only after they have completed the Tawaaf and saee.
Rule 442:
If the pilgrim during the Umrah becomes sick and sends his animal for sacrifice but subsequently recovers from his illness and is able to continue with his journey to Makkah and arrives there before the sacrifice of the animal, he must sacrifice it himself. Then, if it was Umrat-ul-Mufradah, his obligation is only to complete the Umrah. However, if it was Umrat-ul-Tamatoo and was able to complete its ceremonies before the midday of Arafaat or ninth Dhil Hijjah, then he should do so, otherwise his Hajj automatically becomes Hajj-ul-Ifraad. The same rule applies if he had not sent an animal for sacrifice and waited till recovery and being able to continue the journey.
Rule 443:
If a pilgrim becomes ill and sends the sacrifice but then his sickness is alleviated and feels he will be able to perform the pilgrimage, he is obliged to undertake the ceremonies. If he fulfils the two stays or, in particular, the stay at Muzdalifah, he will have performed the Hajj, as stated above. He completes the ceremonies and makes the sacrifice. However, if he does not sacrifice an animal, his Hajj will turn into Umrat-ul-Mufradah but if he makes the sacrifice, he will be relieved from the prohibitions in the state of ihram, except approaching his wife. It is obligatory on him to perform the tawaaf, the prayers, saee and the Tawaaf ul-Nisa and the prayers after it to make the wife lawful to him.
Rule 444:
If a person becomes prevented from performing tawaaf and saee because of illness or the like, he can appoint an agent to perform them on his behalf but he must recite the prayers after the tawaaf when the agent has completed the tawaaf. However, if he was prevented from proceeding to Mina and performing its ceremonies, he must send somebody to throw the pebbles and make the sacrifice. Then he must shave his head or make taqseer and send his hair to Mina, if possible. He should then complete the other ceremonies.
Rule 445:
If a person becomes prevented from performing pilgrimage and sends a sacrifice but before it reaches the appointed place it is damaged in the head, it is permissible for him to shave his head and if he does so he must sacrifice a sheep at the place or keep fasts for three days or feed six poor persons with one and a half kilos of food to each.
Rule 446:
By making the sacrifice, the prevented pilgrim only becomes relieved of the prohibitions of ihram but not from his obligation of performing the Hajj which he must repeat in the following year if he has the means, or else it remains a liability on him.
Rule 447:
If the prevented pilgrim does not sacrifice an animal nor has he available the cash to meet its price, he must observe fast for ten days.
Rule 448:
If the pilgrim in the state of ihram is unable to continue his journey to the holy places to perform the ceremonies of Umrah or Hajj because of reasons other than those stated above, then if he is in Umrat-ul-Mufradah, he should sacrifice an animal and shave his head or make taqseer, as a matter of caution and be relieved at the place at which he is. The same rule applies to Umrah-ul-Tamatoo if he is unable to complete the Hajj. Otherwise, it is apparent that his obligation changes to Hajj-ul-Ifraad. However, if he is in the course of the Hajj and is unable to stay at Arafaat and Muzdalifah or to stay at Muzdalifah in particular, then he is relieved from his ihram by the Umrat-ul-Mufradah.
Rule 449:
A group of jurists state that if a pilgrim does not have the animal for sacrifice accompanying him and makes a condition at the time of wearing ihram that Almighty Allah relieve him whenever he is prevented or an obstruction arose, like an enemy or illness, the advantage of such a condition being that he can be relieved from all the prohibitions of ihram so that there is then no need for sacrifice or shaving, not to perform tawaaf or saee and be permitted to approach women. Though this opinion could be justified, as a matter of caution, one must observe the methods of being relieved at the time the obstruction arises as mentioned above and ignore such a condition for being relieved.
Here we conclude the obligations in Hajj and turn to rules of conduct. Scholars have mentioned of them and while they all cannot be set out extensively in this work, a few of them will be stated briefly:
THE RECOMMENDED ACTS IN IHRAM
There are a few acts recommended in the state of ihram:
(1) Before wearing ihram one must clean the body, cut one's nails, trim the mustache and remove the hair under the armpits and below the navel.
(2) Those who intend to proceed to Hajj should keep the hair on the head and beard loose from the first of Dhil Qa'dah and those intending to perform an Umrat-ul-Mufradah for one month before the trip.
(3) One must perform ghusl at the meeqaat but if there is fear that water will not be available there, it may be performed before leaving for meeqaat. If water is found there, the ghusl be repeated. If after the ghusl, one urinates, or eats or wears clothes forbidden in the state of ihram, it is recommended that the ghusl be repeated. A ghusl performed during the day will last to the end of the night which follows and the ghusl made in the night will last to the end of the following day.
(4) At the time of making ghusl, recite the following supplication as stated by Sadooq:
ÈÓã Çááå æÈÇááå Çááåã ÇÌÚáå áí äæÑÇ æØåæÑÇ æÍÑÒÇ æÇãäÇ ãä ßá ÎæÝ æ ÔÞÇÁ ãä ßá ÏÇÁ æÓÞã . Çááåã ØåÑäí æØåÑ ÞáÈí æÇÔÑÍ áí ÏÑí æÇÌÑ Úáì áÓÇäí ãÍÈÊß æãÏÍÊß æÇáËäÇÁ Úáíß ÝÇäå áÇÞæÉ
áí ÇáÇ Èß æÞÏ ÚáãÊ Çä ÞæÇã Ïíäí ÇáÊÓáíã áß æÇáÇÊÈÇÚ áÓäÉ äÈíß áæÇÊß Úáíå æÇáå,
Translation: I commence by the name of Allah and seek help from Him. O Allah render this ghusl an illumination for me and that it may purify me, protect me from all fears and be a cure for all ills. O Allah, purify me and my heart, broaden my chest and that my tongue may utter words of love, adoration and praise for You as there is no strength for me but You and I know that my religion is submission to You and following the practices of Your prophet, may Your peace be on him.)
(5) At the time of wearing the ihram, recite the following supplication:
ÇáÍãÏ ááå ÇáÐí ÑÒÞäí ãÇ ÇæÇÑí Èå ÚæÑÊí æÇÄÏí Ýíå ÝÑÖí æÇÚÈÏ Ýíå ÑÈí æÇäÊåí Ýíå Çáì ãÇ ÇãÑäí ÇáÍãÏ ááå ÇáÐí ÞÏÊå ÝÈáÛäí æÇÑÏÊå ÝÇÚÇääí æÞÈáäí æáã íÞØÚ Èí ææÌåå ÇÑÏÊ ÝÓáãäí Ýåæ Íäí æßåÝí æÍÑÒí æ ÙåÑí æãáÇÐí æÑÌÇÆí ÒãäÌÇí æÐÎÑí æÚÏÊí Ýí ÔÏÊí æÑÎÇÆí.
(Translation: All praise to Allah who has granted me clothes to cover my body, perform my duties and worship my Sustainer and reach where He has commanded me. All praise to Allah who when I directed my course towards Him, reached me; when I directed my intentions towards Him, assisted me, drew me close and did not shatter me; when I sought His pleasure, granted me peace. He is my fort, refuge, protector, support, hope, salvation, saviour and my provider in times of hardship and comfort.)
(6) The cloths for ihram be made of cotton.
(7) The ihram be worn after the noon prayers. If this is not possible, it be worn after any daily prayer or after the recitation of two rakaats. It is preferable that in the first rakaat, after the recitation of the Chapter on Al-Hamd, the Chapter on Tawheed be recited and in the second rakaat, after the Chapter on Al-Hamd, the Chapter on Kafiroon be recited. After the prayers, Allah be praised and salawaat be sent on the Holy Prophet and his progeny and then the following be recited:
Çááåã Çäí ÃÓÇáß Çä ÊÌÚáäí ããä ÇÓÊÌÇÈ áß æÇãä ÈæÚÏß æÇÊÈÚ ÇãÑß ÝÇäí ÚÈÏß æÝí ÞÈÖÊß áÇ ÇæÞí ÇáÇ ãÇ æÞíÊ æáÇ ÇÎÐ ÇáÇ ãÇ ÇÚØíÊ æÞÏÐßÑÊ ÇáÍÌ ÝÇÓÇú áß Çä ÊÚÒã áí Úáíå Úáì ßÊÇÈß æÓäÉ äÈíß áì Çááå Úáíå æÇáå æÊÞæíäí Úáì ãÇÖÚÝÊ Úäå æÊÓáã ãäí ãäÇÓßí Ýí íÓÑ ãäß æÚÇÝíÉ æÇÌÚáäí ãä æÝÏß ÇáÐí ÑÖíÊ æÇÑÊÖíÊ æÓãíÊ æßÊÈÊ. Çááåã Çäí ÎÑÌÊ ãä ÔÞÉ ÈÚíÏÉ æÇäÝÞÊ ãÇáí ÇÈÊÛÇÁ ãÑÖÇÊß.
ááåã ÝÊãã áí ÍÌÊí æÚãÑÊí . Çááåã Çäí ÇÑíÏ ÇáÊãÊÚ ÈÇáÚãÑÉ Çáì ÇáÍÌ Úáì ßÊÇÈß æÓäÉ äÈíß áì Çááå Úáíå æÇáå ÝÇä ÚÑÖ áí ÚÇÑÖ íÍÈÓäí ÝÎáäí ÍíË ÍÈÓÊäí áÞÏÑß ÇáÐí ÞÏÑÊ Úáí . Çááåã Çä áã Êßä ÍÌÉ ÝÚãÑÉ . ÇÍÑã áß ÔÚÑí æÈÔÑí æáÍãí æÏãí æÚÙÇãí æãÎí æÚÈí ãä ÇáäÓÇÁ æÇáËíÇÈ æÇáØíÈ ÇÈÊÛí ÈÐÇáß æÌåß æÇáÏÇÑ ÇáÇ ÎÑÉ.
(Translation: O Allah, include me among those who have responded to Your call, have faith in Your promise and follow Your command for I am Your slave in Your confinement. I cannot be saved except by You and cannot take except what You grant. You have reminded us of Hajj. I beseech You that You make me firm on Your book and the practices of Your Prophet (s.a.a.w.). Grant me strength where I am weak and that I may perform with ease and health. Include me among those whose arrival pleases You, You are pleased with, You call by name and have recorded. O Allah, I have travelled from far and have spent my property to attain Your pleasure. O Allah, accomplish my Hajj and Umrah. O Allah, in compliance with Your book and the practice of Your Prophet (s.a.a.w.), I intend to perform the Umrat-ul-Tamatoo for Hajj. If any impediment comes in my way, remove it by Your power. O Allah, if I do not achieve the Hajj, I may at least the Umrah. I forbid myself, for your sake, my hair, body, flesh, blood, bones, brain, my union with my wife, clothes and perfume so that I may attain Your pleasure and the Hereafter.)
(8) Make the niyyah (intention) for ihram together with talbiyyah.
(9) It is recommended that men recite the talbiyyah aloud.
(10) Say during the talbiyyah: áÈíß Çááåã áÈíß áÈíß áÇ ÔÑíß áß áÈíß Çä ÇáÍãÏ æÇáäÚãÉ áß æÇáãáß áÇÔÑíß áß áÈíß .áÈíß ÐÇ ÇáãÚÇÑÌ áÈíß áÈíß ÏÇÚíÇ Çáì ÏÇÑ ÇáÓáÇã áÈíß áÈíß ÛÝÇÑ ÇáÐäæÈ áÈíß áÈíß Çåá ÇáÊáÈíÉ áÈíß áÈíß ÐÇÇáÌáÇá æÇáÇßÑÇã áÈíß áÈíß ÊÈÏÆ æÇáãÚÇÏÇáíß áÈíß áÈíß ÊÓÊÛäí æíÝÊÞÑ Çáíß áÈíß áÈíß ãÑåæÈÇ æãÑÛæÈÇ Çáíß áÈíß áÈíß Çáå ÇáÍÞ áÈíß áÈíß ÐÇ ÇáäÚãÇä æÇáÝÖá ÇáÍÓä ÇáÌãíá áÈíß áÈíß ßÔÇÝ ÇáßÑÈ ÇáÚÙÇã áÈíß áÈíß ÚÈÏß æÇÈä ÚÈÏß áÈíß áÈíß íÇ ßÑíã áÈíß.
(Translation: I am present, O High, I am present. I am present, O one who calls towards Heaven. I am present, I am present O forgiver of sins. I am present, I am present O one who owns my presence. I am present, I am present O Mighty and Generous. I am present, I am present O You who first created and to whom all will return. I am present, I am present O one who is free from want and to whom all turn for their needs. I am present, I am present O who is feared and to whom there is inclination. I am present I am present, O true God. I am present O the one with Grace, Excellence, Goodness and Beauty. I am present O one who averts major calamities. I am present, I am present Your servant and the son of Your servant. I am present, I am present O Generous, I am present.)
Then say:
áÈíß ÇÊÞÑÈ Çáíß ÈãÍãÏ æÇá ãÍãÏ áæÇÊ Çááå Úáíå æÚáíåã áÈíß áÈíß ÈÍÌÉ æÚãÑÉ ãÚÇ áÈíß áÈíß åÐå ãÊÚÉ
ÚãÑÉ Çáì ÇáÍÌ áÈíß áÈíß ÊãÇãåÇ æÈáÇ ÛåÇ Úáíß áÈíß.
(Translation: I am present seeking nearness to you through Muhammad and his progeny. I am present, I am present for Hajj or Umrah, I am present, I am present. And this is the Umrah connecting to the Hajj. I am present, I am present, my presence is certain and so is my communication to You.)
(11) The talbiyyah constantly repeated in the state of ihram, when waking from sleep, after every prayer (salaat), when embarking on a vehicle or riding and disembarking or dismounting, while climbing or descending, when meeting other riders or in the desert
and even in the condition of janabah or menstruation. It must not be stopped in the Umrat-ul-Tamatoo until the houses of Makkah appear and in Hajj-ul-Tamatoo till the noon of the day of Arafaat.
MATTERS DISCOURAGED IN IHRAM
(1) To wear ihram in black cloths; as a matter of caution, this colour must be avoided and it is preferred that the ihram be of white cloths.
(2) To sleep on yellow bedding or pillow.
(3) To wear dirty cloths for ihram. If they become dirty in the state of ihram, it is better not to wash them but there is no objection in wearing another pair.
(4) To wear ihram of cloths with pictures.
(5) To apply henna before wearing ihram if its colour would remain at the time of wearing ihram.
(6) To have a bath and it is preferred, as a matter of caution, that one must not massage the body.
(7) To reply to a caller by saying, "Labbaik", that is I am present.
MATTERS RECOMMENDED ON ENTRY INTO HARAM
(1) On reaching the Haram, one must dismount and perform a ghusl to enter it.
(2) The pilgrim must remove his shoes on entry into the Haram and hold them in his hands in humility to Allah, the High.
(3) At the time of entering the Haram, the following supplication be recited:
Çááåã Çäß ÞáÊ Ýí ßÊÇÈß ÇáãäÒá æÞæáß ÇáÍÞ :( æÇÐä Ýí ÇáäÇÓ ÈÇáÍÌ íÇÊæß ÑÌÇáÇ æÚáì ßá ÖÇãÑ íÇÊíä ãä ßá ÝÌ ÚãíÞ ) Çááåã æÇäí ÇÑÌæ Çä Çßæä ããä ÇÌÇÈ ÏÚæÊß æÞÏ ÌÆÊ ãä ÔÞÉ ÈÚíÏÉ æÝÌ ÚãíÞ ÓÇãÚÇ áäÏÇÆß æ ãÓÊÌíÈÇ áß ãØíÚÇ áÇãÑß æßá ÐÇáß ãä ÝÖáß Úáí æÇÍÓÇäß Çáí Ýáß ÇáÍãÏ Úáì ãÇ æÝÞÊäí áå ÇÈÊÛí ÈÐÇáß ÇáÒáÝÉ ÚäÏß æÇáÞÑÈÉ Çáíß æÇáãäÒáÉ áÏíß æÇáãÛÝÑÉ áÐäæÈí æÇáÊæÈÉ Úáí ãäåÇ Èãäß Çááåã á Úáì ãÍãÏ æÇá ãÍãÏ æÍÑã ÈÏäí Úáì ÇáäÇÑ æÇãäí ãä ÚÐÇÈß æÚÞÇÈß ÈÑÍãÊß íÇ ÇÑÍã ÇáÑÇÍãíä.
(Translation: O Allah, You have stated in Your Book, and Your word is true, "And proclaim among men the Hajj: they will come to you on foot and on every lean camel, coming from every remote path" (Ch. 22 v.30). O Allah, it is my fervent hope that I be
among those who responded to Your call. I have come from far with difficulties and from a remote path, listening to Your call, responding to it and obeying Your command. All this became possible because of Your generosity and favour to me. I praise and thank You for granting me the grace and by this advance towards You, I seek nearness to You, a place with You, forgiveness of my sins and acceptance of my repentance, by Your grace. O Allah, bless Muhammad and his progeny and out of Your mercy forbid the fire of Hell for my body and save me from Your punishment and penalties, O most merciful of the merciful.)
(4) To chew a little of Edhkher (which is a well known herb) at the time of entry.
COURTESIES ON ENTRY INTO HOLY MAKKAH AND THE HOLY MOSQUE
It is recommended for anyone wishing to enter Holy Makkah to make a ghusl before entry and enter with peace and solemnity.
For those arriving from the route of Madinah it is recommended that :they enter from the elevation and depart from there by its lower side. If the entry is by the door of Bani Shaiba, then this is the door used out of ignorance because of the vastness of the Mosque there but it is preferred to enter through the Baab-us-Salaam and proceed straight until one faces the pillars. It is recommended to stop at the door of the Mosque and say:
ÇáÓáÇã Úáíß ÇíåÇ ÇáäÈí æÑÍãÉ Çááå æÈÑßÇÊå ÈÓã Çááå æÈÇááå æãä Çááå æãÇ ÔÇÁ Çááå æÇáÓáÇã Úáì ÇäÈíÇÁ Çááå æÑÓáå æÇáÓáÇã Úáì ÑÓæá Çááå æÇáÓáÇã Úáì ÇÈÑÇåíã Îáíá Çááå æÇáÍãÏ ááå ÑÈ ÇáÚÇáãíä.
(Translation: Salaam to you, O Prophet and may the mercy and blessings of Allah be on you. In the name of Allah and by Allah and by His wish. Salaam be on the Prophets of Allah and His Messengers. Salaam be on the Messenger of Allah. Salaam be on Ibrahim, the friend of Allah and all praise is to Allah, the sustainer of the universes.)
Then enter the Mosque concentrating on the Holy Kaaba and raising hands towards the sky, say:
Çááåã Çäí ÇÓÇáß Ýí ãÞÇãí åÐÇ Ýí Çæá ãäÇÓßí Çä ÊÞÈá ÊæÈÊí æÇä ÊÌÇæÒ Úä ÎØíÆÊí æÊÖÚ Úäí æÒÑí . ÇáÍãÏ ááå ÇáÐí ÈáÛäí ÈíÊå ÇáÍÑÇã . Çááåã Çäí ÇÔåÏ Çä åÐÇ ÈíÊß ÇáÍÑÇã ÇáÐí ÌÚáÊå ãËÇÈÉ ááäÇÓ æÇãäÇ ãÈÇÑßÇ æåÏì ááÚÇáãíä Çááåã Çäí ÚÈÏß æÇáÈáÏ ÈáÏß æÇáÈíÊ ÈíÊß ÌÆÊ ÇØáÈ ÑÍãÊß æÇÄã ØÇÚÊß ãØíÚÇ áÇãÑß ÑÇÖíÇ ÈÞÏÑß ÇÓÇáß ãÓÇáÉ ÇáÝÞíÑ Çáíß ÇáÎÇÆÝ áÚÞæÈÊß Çááåã ÇÝÊÍ áí ÇÈæÇÈ ÑÍãÊß æÇÓÊÚãáäí ÈØÇÚÊß æãÑÖÇÊß.
(Translation: O Allah, I beseech You in this holy place and in the first of my ceremonies to accept my repentance, forgive my sins and relieve me of the load on my back. All praise to Allah who reached me to the Holy House. O Allah, I bear witness to You that this is Your Holy House which You have made a refuge for men, a blessed place and a guide for the universes. O Allah, I am Your servant, this city is Your city and this house is Your house. I have come here to seek Your mercy and achieve obedience to You, following Your command and content with Your arrangement of destiny. I ask as a beggar fearful of Your punishment. O Allah, open for me the gates of Your mercy and keep me occupied in obedience to You and seeking Your pleasure.)
According to another report, the following be recited at the door of the Mosque:
ÈÓã Çááå æÈÇááå æãä Çááå æÇáì Çááå æãÇ ÔÇÁ Çááå æÚáì Çááå æÚáì ãáÉ ÑÓæá Çááå áì Çááå Úáíå æÇáå æÎíÑ ÇáÇ ÓãÇÁ ááå æÇáÍãÏ ááå æÇáÓáÇã Úáì ÑÓæá Çááå áì Çááå Úáíå æÇáå æÇáÓáÇã Úáì ãÍãÏ Èä ÚÈÏ Çááå ÇáÓáÇã Úáíß ÇíåÇ ÇáäÈí æÑÍãÉ Çááå æÈÑßÇÊå ÇáÓáÇã Úáì ÇäÈíÇÁ Çááå æÑÓáå ÇáÓáÇã Úáì ÇÈÑÇåíã Îáíá ÇáÑÍãä ÇáÓáÇã Úáì ÇáãÑÓáíä æÇáÍãÏááå ÑÈ ÇáÚÇáãíä ÇáÓáÇã ÚáíäÇ æÚáì ÚÈÇÏ Çááå
ÇáÍíä . Çááåã á Úáì ãÍãÏ æÇá ãÍãÏ æÈÇÑß Úáì ãÍãÏ æÇÑÍã ãÍãÏ æÇá ãÍãÏ ßãÇ áíÊ æÈÇÑßÊ æÊÑÍãÊ Úáì ÇÈÑÇåíã Çäß ÍãíÏ ãÌíÏ
Çááåã á Úáì ãÍãÏ æÇá ãÍãÏ ÚÈÏß æÑÓæáß æÚáì ÇÈÑÇåíã Îáíáß æÚáì ÇäÈíÇÆß æÑÓáß æÓáã Úáíåã æÓáÇã Úáì ÇáãÑÓáíä æÇáÍãÏ ááå ÑÈ ÇáÚÇáãíä
Çááåã ÇÝÊÍ áí ÇÈæÇÈ ÑÍãÊß æÇÓÊÚãáÊí Ýí ØÇÚÊß æãÑÖÇÊß æÇÍÝÙäí ÈÍÝÙß ÇáÇíãÇä ÇÈÏÇ ãÇ ÇÈÞíÊäí Ìá ËäÇÁ æÌåß ÇáÍãÏ ááå ÇáÐí ÌÚáäí ãä æÝÏå æÒæÇ Ñå æÌÚáäí ããä íÚãÑ ãÓÇÌÏå æÇÌÚáäí ããä íäÇÌíå
Çááåã Çäí ÚÈÏß æÒÇÆÑß Ýí ÈíÊß æÚáì ßá ãÇÊí ÍÞ áãä ÇÊÇå æÒÇÑå æÇäÊ ÎíÑ ãÇÊí æÇßÑã ãÒæÑ ÝÇÓÇáß íÇÇááå íÇ ÑÍãä æÈÇäß ÇäÊ Çááå áÇÇáå ÇáÇ ÇäÊ æÍÏß áÇÔÑíß áß æÈÇäß æÇÍÏ ÇÍÏ ãÏ áã ÊáÏ æáã ÊæáÏ æáã íßä áß ßÝæÇ ÇÍÏ æÇä ãÍãÏÇ ÚÈÏß æÑÓæáß áì Çááå Úáíå æÚáì Çåá ÈíÊå íÇ ÌæÇÏ íÇ ßÑíã íÇ ãÇÌÏ íÇ ÌÈÇÑ íÇ ßÑíã ÇÓÇáß Çä ÊÌÚá ÊÍÝÊß ÇíÇí ÈÒíÇÑÊí ÇíÇß Çæá ÔíÆ ÊÚØíäí ÝßÇß ÑÞÈÊí ãä ÇáäÇÑ.
(Translation: I commence by the name of Allah, by Him, from Him, towards Him, by His wish and on the following of the Holy Messenger (s.a.a.w.). The Holy Names belong to Allah. All praise is to Allah. Salaam be on the Messenger of Allah. Salaam on Muhammad, son of Abdullah. Salaam to you, O Prophet of Allah and may the mercy and blessings of Allah be on you. Salaam on the Prophets of Allah and His Messengers. Salaam on Ibrahim, the friend of the Merciful. Salaam on the Prophets. All praise is to Allah, the sustainer of the universes. Salaam be on us and on the virtuous servants of Allah. O Allah, send Your blessings on Muhammad and his progeny, bestow on them Your benediction and have mercy on them as You blessed, sent benediction and had mercy on Ibrahim and his progeny, You are Praiseworthy and Glorious. O Allah, bless Muhammad and his progeny, Your servant and Messenger. O Allah, bless Ibrahim, Your friend and Your Prophets and Messengers and bestow peace on them. Salaam on the Messengers. All praise is to Allah, the sustainer of the universes. O Allah, open for me the gates of Your mercy. Keep me occupied in Your obedience and seeking Your pleasure. Protect me that I guard my faith to my last, Exalted is Your Praise. All praise to Allah who made me one of His callers and visitors, attendants in His Mosque and supplicants. O Allah, I am Your servant and visitor to Your House. There are rights of callers over the host and You are the best of the givers and the most Generous. I beseech You, O Allah, O Merciful, You are Allah, there is no God but You, You have no partner, for You are One and on whom all depend. You were not born and do not give birth and there is none like You. Verily, Muhammad is Your servant and Messenger, may Your blessings be on him and his Household. O Magnanimous, O Generous, O Glorious, O Mighty, O Generous, I beseech You that of the gifts You grant me for visiting You, the first be the protection from the fire of Hell.)
Then say thrice: Çááåã Ýß ÑÞÈÊí ãä ÇáäÇÑ .
(Translation: O Allah, protect my neck from the fire of Hell.)
Then say: æÇæÓÚ Úáí ãä ÑÒÞß ÇáÍáÇá ÇáØíÈ æÇÏÑÇ Úäí ÔÑ ÔíÇØíä ÇáÇ äÓ æÇáÌä æÔÑ ÝÓÞÉ ÇáÚÑÈ æÇáÚÌã (Translation: And increase my lawful and pure sustenance and protect me from the evil of the devils, jinn and men and the vicious of the Arabs and the non-Arabs.)
It is recommended then to face the Black Stone and say: ÇÔåÏ Çä áÇ Çáå ÇáÇ Çááå æÍÏå áÇ ÔÑíß áå æÇÔåÏ Çä ãÍãÏÇ ÚÈÏå æÑÓæáå ¡ ÂãäÊ ÈÇááå æßÝÑÊ ÈÇáØÇÛæÊ æÈÇááÇÊ æÇáÚÒì æÈÚÈÇÏÉ ÇáÔíÇØíä æÈÚÈÇÏÉ ßá äÏ íÏÚì ãä Ïæä Çááå
(Translation: I bear witness that there is no God but Allah, He is One and has no partner and that Muhammad is his servant and Messenger. I believe in Allah and disbelieve in idols, Laat, Uzza and the worship of devils and all those who call for worship other than Allah,)
Then the pilgrim should move to the Black Stone, make salutation to it and say:
ÇáÍãÏ ááå ÇáÐí åÏÇäÇ áåÐÇ æãÇ ßäÇ áäåÊÏí áæáÇ Çä åÏÇäÇ Çááå ÓÈÍÇä Çááå æÇáÍãÏ ááå æáÇ Çáå ÇáÇ Çááå æÇááå ÇßÈÑ ÇßÈÑ ãä ÎáÞå ÇßÈÑ ããä ÇÎÔì æÇÍÐÑ æáÇ Çáå ÇáÇ Çááå æÍÏå áÇ ÔÑíß áå áå Çáãáß æáå ÇáÍãÏ íÍíí æíãíÊ æíãíÊ æíÍíí ÈíÏå ÇáÎíÑ æåæ Úáì ßá ÔíÁ ÞÏíÑ
(Translation: All praise to Allah who has provided us this guidance for we would not otherwise have ,been guided. Glory to Allah, all praise is due to Him there is no God except Allah and Allah is Great. Allah is greater than His creatures. Allah is greater than whom I fear and beware. There is no God except Allah, He is One and without any partner. All land belong to Him arid all praise is due to Him. He grants life and ends it. He ends life and grants it. He is alive and never dies. All good emanates from Him and has power over all things.)
One must then send blessings on the Holy Prophet and his progeny and on all the Prophets as was done at the time of entry into the Holy Mosque. Then say: Çäí ÇÄãä ÈæÚÏß æÇÝí ÈÚåÏß .(Translation: I believe Your word and have faith in Your promise.)
It has been authentically reported by Abi Abdillah (a.s.) that when you come close to the Black Stone, raise your hands, praise Allah, send blessings on the Holy Prophet and ask Allah to accept your efforts. Then make salutation to the Black Stone and kiss it. If it is not possible to kiss it, just make salaam to it by hand and if even doing so is not possible, point at it and say:
Çááåã ÇãÇäÊí ÇÏíÊåÇ æãíËÇÞí ÊÚÇåÏÊå áÊÔåÏ áí ÈÇáãæÇÝÇÊ . Çááåã ÊÏíÞÇ ÈßÊÇÈß æÚáì ÓäÉ äÈíß ÇÔåÏ Çä áÇ Çáå ÇáÇ Çááå æÍÏå áÇ ÔÑíß áå æÇä ãÍãÏÇ ÚÈÏå æÑÓæáå ÇãäÊ ÈÇááå æßÝÑÊ ÈÇáÌÈÊ æÇáØÇÛæÊ æÈÇááÇÊ æÇáÚÒì æÚÈÇÏÉ ÇáÔíØÇä æÚÈÇÏÉ ßá äÏ íÏÚì ãä Ïæä Çááå ÊÚÇáì (Translation: O Allah, I have discharged the trust reposed with me and fulfilled my promise so that You can be witness of my fulfilment. O Allah, I have brought faith in Your Book and the practices of Your Prophet (s.a.a.w.). I bear witness that there is no God except Allah, He is One and has no partner and that Muhammad is his servant and Messenger. I have faith in Allah and disbelieve in idols, false gods Laat and Uzza and the worship of devils or all those who call for worship other than Allah.)
If it is not possible to recite the whole of the above supplication, a portion of it may be recited and then say: Çááåã Çáíß ÈÓØÊ íÏí æÝí ãÇ ÚäÏß ÚÙãÊ ÑÛÈÊí ÝÇÞÈá ÓÈÍÊí æÇÛÝÑ áí æÇÑÍãäí Çááåã Çäí ÇÚæÐÈß ãä ÇáßÝÑ æÇáÝÞÑ æãæÇÞÝ ÇáÎÒí Ýí ÇáÏäíÇ æÇáÇ ÎÑÉ
(Translation: O Allah, I have extended my hands towards You and have great expectations from You. Accept my endeavours, forgive me and shower mercy on me. O Allah, I seek refuge from infidelity, poverty and disgrace in this world and in the Hereafter.)
COURTESIES DURING TAWAAF
Muawiyah bin Ammaar bin Abi Abdillah (a.s.) reports that during tawaaf the following supplication be made:
Çááåã Çäí ÇÓÇáß ÈÇÓãß ÇáÐí íãÔì Èå Úáì Øáá ÇáãÇÁ ßãÇ íãÔì Èå Úáì ÌÏÏ ÇáÇÑÖ æÇÓÇáß ÈÇÓãß ÇáÐí íåÊÒ áå ÚÑÔß æÇÓÇáß ÈÇÓãß ÇáÐí ÊåÊÒáå ÇÞÏÇã ãáÇÆßÊß æÇÓÇáß ÈÇÓãß ÇáÐí ÏÚÇß Èå ãæÓì ãä ÌÇäÈ ÇáØæÑ ÝÇÓÊÌÈÊ áå æÇáÞíÊ Úáíå ãÍÈÉ ãäß æÇÓÇáß ÈÇÓãß ÇáÐí ÛÝÑÊ Èå áãÍãÏ áì Çááå Úáíå æÇáå ãÇ ÊÞÏã ãä ÐäÈå æãÇ ÊÇÎÑ æÇÊããÊ Úáíå äÚãÊß Çä ÈÝÚá Èí
(Translation: O Allah, I beseech You by Your name which makes possible motion in the darkness of water as it does on land. I beseech You by Your name which makes Your Arsh swing. I beseech You by Your name which puts in motion the feet of Your angels. I beseech You by Your name by which Moosa supplicated to You on the Mount Ayman and You granted his supplication and met him with love. I beseech You by Your name by which You granted forgiveness to Muhammad of his past and future sins and completed Your bounty on him, treat me with (ask for your wishes).
When you reach the door of the Holy Kaaba, send blessings on Muhammad and his holy progeny (a.s.) and say between Rukn-ul-Yamaani and the Black Stone: ( ÑÈäÇ ÇÊäÇ Ýí ÇáÏäíÇ ÍÓäÉ æÝí ÇáÇ ÎÑÉ ÍÓäÉ æÞäÇ ÚÐÇÈ ÇáäÇÑ) (Translation: O Allah, grant me goodness in this world and the Hereafter and save me from the fire of Hell.)
And say during tawaaf :
Çááåã Çäí Çáíß ÝÞíÑ æÇäí ÎÇÆÝ ãÓÊÌíÑ ÝáÇ ÊÛíÑ ÌÓãí æáÇ ÊÈÏá ÇÓãí
(Translation: I am a beggar to You, fearful and seeking Your refuge. Do not change my body or my name.)
Imam Sadiq (a.s.) has said that when Ali bin Hussein (a.s.) reached the Hijr before reaching the Meezaab, he would raise his head and say while looking at the Meezaab:
Çááåã ÇÏÎáäí ÇáÌäÉ ÈÑÍãÊß æÇÌÑäí ÈÑÍãÊß ãä ÇáäÇÑ æÚÇÝäí ãä ÇáÓÞã æÇæÓÚ Úáí ãä ÇáÑÒÞ ÇáÍáÇá æÇÏÑÇ Úäí ÔÑ ÝÓÞÉ ÇáÌä æÇáÇäÓ æÔÑ ÝÓÞÉ ÇáÚÑÈ æÇáÚÌã
(Translation: O Allah, place me in Heaven by Your mercy, save me, by Your mercy, from the fire, protect me from evil, increase for me lawful sustenance, and save me from the viciousness of the jinn, men, Arabs and non-Arabs.)
It has been authentically reported from Abi Abdillah (a.s.) that when you reach the back of the Holy Kaaba having passed the Hijr, say:
Çáãä æÇáØæá æÇáÌæÏ æÇáßÑã Çä Úãáí ÖÚíÝ ÝÖÇÚÝå áí æÊÞÈáå ãäí äß ÇäÊ ÇáÓãíÚ ÇáÚáíã
(Translation: O one of bounty, might, generosity and nobility, my efforts are weak, make them stronger and accept them from me, verily You are All-Hearing, All-Knowing.)
It has ben reported from Abul Hassan Ridha (a.s.) that on reaching the Rukn-ul-Yamaani, one should raise hands and say:
íÇ Çááå æáí ÇáÚÇÝíÉ æÎÇáÞ ÇáÚÇÝíÉ æÑÇÒÞ ÇáÚÇÝíÉ æÇáãäÚã ÈÇáÚÇÝíÉ æÇáãäÇä ÈÇáÚÇÝíÉ æÇáãÊÝÖá ÈÇáÚÇÝíÉ Úáí æÚáì ÌãíÚ ÎáÞß íÇ ÑÍãä ÇáÏäíÇ æÇáÇ ÎÑÉ æÑÍíãåãÇ á Úáì ãÍãÏ æÇá ãÍãÏ æÇÑÒÞäÇ ÇáÚÇÝíÉ æÏæÇã ÇáÚÇÝíÉ æÊãÇã ÇáÚÇÝíÉ æÔßÑ ÇáÚÇÝíÉ Ýí ÇáÏäíÇ æÇáÇ ÎÑÉ íÇ ÇÑÍã ÇáÑÇÍãíä
(Translation: O Allah, O controller of health and its provider, one who grants it, one who bestows it as a reward or as a grace on me and all creation, O Merciful in this world and the Hereafter, send.Your blessings on Muhammad and his progeny, grant me health, lasting and complete and thankfulness for it, in this world and in the Hereafter, by Your mercy, O Most Merciful of the Merciful.)
It has been reported from Abi Abdulla (a.s.) that when the pilgrim completes the tawaaf and reaches the 'mustajaar' which is a little before the Rukn-ul-Yamaani, he must stretch his hands onto the Holy Kaaba, cling to it and say: Çááåã ÇáÈíÊ ÈíÊß æÇáÚÈÏ ÚÈÏß æåÐÇ ãßÇä ÇáÚÇÆÏ Èß ãä ÇáäÇÑ (Translation: O Allah, this house is Yours and this creature is Yours and this is the place for taking refuge to You from the fire of Hell.)
Then make confession of your sins for there is no faithful who makes confessions to his Lord in this place without Allah forgiving him, Allah willing, and say: Çááåã ãä ÞÈáß ÇáÑæÍ æÇáÝÑÌ æÇáÚÇÝíÉ Çááåã Çä Úãáí ÖÚíÝ ÝÖÇÚÝå áí æÇÛÝÑ áí ãÇ ÇØáÚÊ Úáíå ãäí æÎÝí Úáì ÎáÞß
(Translation: O Allah, comfort, success and health come from You. O Allah, my efforts are weak and so grant them strength and forgive me the sins which are so apparent to You but concealed from Your creatures.)
Then seek refuge of Allah from the fire of Hell and engross yourself in supplication. Then make salutation to the Rukn-ul-Yamaami as is stated in another report from him (a.s.). Then kiss the Rukn-ul-Yamaani and the corner in which the Black Stone is placed and say:
Çááåã ÞäÚäí ÈãÇ ÑÒÞÊäí æÈÇÑß áí Ýí ãÇ ÇÊíÊäí
(Translation: O Allah , grant me contentment in the sustenance. You have provided me and bestow Your blessing on it.)
It is recommended to make a salutation to each corner of the Holy Kaaba in each tawaaf and when making salaam to the Black Stone to say: ÇãÇäÊí ÇÏíÊåÇ æãíËÇÞí ÊÚÇåÏÊå áÊÔåÏ áí ÈÇáæÇÝÇÉ (Translation: I have discharged the trust reposed with me and fulfilled my promise so that You can be the witness of my fulfilment.)
COURTESIES IN THE PRAYERS AFTER TAWAF
It is recommended that in the prayers (salaat) after the Tawaf, after the recitation of the Chapter on Fatiha, in the first rakaat be recited the Chapter on Tawheed and in the second rakaat the Chapter on Kafiroon .On completion of the prayers , one must praise Allah, send blessing on Muhammad and his progeny (a.s) and pray for the acceptance of his efforts. It has been reported from Sadiq (a.s) that he would say in sajdah after the prayers as follows:
ÓÌÏ æÌåí áß ÊÚÈÏÇ æÑÞÇ áÇ Çáå ÇáÇ ÇäÊ ÍÞÇÍÞÇ ÇáÇæá ÞÈá ßá ÔíÆ
ÇáÇ ÎÑ ÈÚÏ ßá ÔíÆ æ åÇ ÇäÇ ÐÇ Èíä íÏíß äÇíÊí ÈíÏß æÇÛÝÑ áí Ç äå áÇ íÛÝÑ ÇáÐäÈ ÇáÚÙíã ÛíÑß ÝÇÛÝÑáí ÝÇäí ãÞÑ ÈÐäæÈí Úáì äÝÓí æáÇ íÏÝÚ ÇáÐäÈ ÇáÚÙíã ÛíÑß
(Translation: I prostrate before You in Your worship and service. It is the truth that there is no God except You. You were there before anything and will be there after everything perishes. I am before You and my forelock is in Your hands. Forgive my sins for there is none to forgive major sins except You. Forgive me as I confess my sins against myself and none can avert major sins except You.)
It is recommended to drink the water from Zamzam before departing to Safaa and say: Çááåã ÇÌÚáå ÚáãÇ äÇÝÚÇ æÑÒÞÇ æÇÓÚÇ æÔÝÇÁ ãä ßá ÏÇÁ æÓÞã
Translation: O Allah, grant me useful knowledge, abundant sustenance and avert from me all sickness and evil).
If possible, on completing the prayers after tawaaf, one should draw a bucket or two of water from Zamzam, drink a little and pour a little on the head, back and body and recite the supplication just above stated. Then one must proceed to the Black Stone and from there to Safaa.
COURTESIES IN SAEE
It is recommended to depart to Safaa by the door facing the Black Stone and with peace and solemnity. On reaching there one must look at the Holy Kaaba and concentrate on the corner with the Black Stone, praise Allah and narrate His bounties and then say seven times each Allahu Akber, Al-Hamdulillah and Lailaha ilallah and then say:
áÇ Çáå ÇáÇ Çááå æÍÏå áÇ ÔÑíß áå áå Çáãáß æáå ÇáÍãÏ íÍíí æíãíÊ æåæ Íí áÇ íãæÊ æåæ Úáì ßá ÔíÁ ÞÏíÑ . (Translation: 'There is no God except Allah, He is One without any partner. All land belongs to Him and all praise is due to Him. He gives life and takes it away; He has always been alive and will never die. All goodness emanates from Him and is powerful over all things.)
Then send blessings on Muhammad and his progeny (a.s.) and say thrice:
Çááå ÇßÈÑ ÇáÍãÏ ááå Úáì ãÇ åÏÇäÇ æÇáÍãÏ ááå Úáì ãÇ ÇæáÇäÇ æÇáÍãÏ ááå ÇáÍí ÇáÞíæã æÇáÍãÏ ááå ÇáÍí ÇáÏÇÆã (Translation: Allah is Great; He has granted us guidance. All praise is to Allah; He has showered on us bounties. All praise to Allah who is Living and Eternal and all praise is ever due to Him.)
Then say thrice: ÃÔåÏ Ãä áÇ Åáå ÅáÇ Çááå ¡ æÃÔåÏ Ãä ãÍãÏÇð ÚÈÏåõ æÑÓæáåõ ¡ áÇ äÚÈÏõ ÅáÇ ÅíÇå ãÎáíä áå ÇáÏíä æáæ ßÑå ÇáãÔÑßæä .
(Translation: I bear witness that there is no God except Allah and I bear witness that Muhammad is His servant and Messenger. We do not worship anyone except Him, sincere to the religion, however averse may the polytheists be.)
Then say thrice:
Çááåã Åäí ÃÓÃáß ÇáÚÝæ æÇáÚÇÝíÉ æÇáíÞíä Ýí ÇáÏäíÇ æÇáÂÎÑÉ .
(Translation: O Allah, I beseech You for forgiveness, health, and firmness in faith in this world and the Hereafter).
Then say thrice: Çááåã ÂÊäÇ Ýí ÇáÏäíÇ ÍÓäÉ æÝí ÇáÂÎÑÉ ÍÓäÉ æÞäÇ ÚÐÇÈ ÇáäÇÑ .(Translation: O Allah, grant us the virtues of this world and the Hereafter and protect us from the fire of Hell.)
Then recite a hundred times each of Allahu Akber, La ilaha illallah, Al-Hamdulillah and Subhanallah and then say:
áÇ Åáå ÅáÇ Çááå æÍÏå æÍÏå ¡ ÃäÌÒ æÚÏå æäÑ ÚÈÏå ¡ æÛáÈ ÇáÇÍÒÇÈ æÍÏå Ýáå Çáãáß æáå ÇáÍãÏ ¡ æÍÏå æÍÏå ¡ Çááåã ÈÇÑß áí Ýí ÇáãæÊ æÝí ãÇ ÈÚÏ ÇáãæÊ ¡ Çááåã Åäí ÃÚæÐ Èß ãä ÙáãÉ ÇáÞÈÑ ææÍÔÊå ¡ Çááåã ÃÙáäí Ýí Ùá ÚÑÔß íæã áÇ Ùá ÅáÇ Ùáß .
(Translation: There is no God except Allah, He is only One, He has accomplished His promise, He has helped His servant and singly overpowered the groups (of infidels). All land belongs to Him and all praise is due to Him, Him along. O Allah, bless my death and what happens after it. O Allah, I seek refuge from the darkness and loneliness of the grave. O Allah, grant me shelter under the shade of Your Arsh on the day when there will be no shelter except Yours.)
Then say:
ÃÓÊæÏÚ Çááå ÇáÑÍãä ÇáÑÍíã ¡ ÇáÐí áÇ ÊÖíÚ æÏÇÆÚå Ïíäí æäÝÓí æÃåáí ¡ Çááåã ÇÓÊÚãáäí Úáì ßÊÇÈß æÓäÉ äÈíß ¡ æÊæÝäí Úáì ãáÊå ¡ æÃÚÐäí ãä ÇáÝÊäÉ .
(Translation: I leave my religion, myself and family in the hands of Allah, the Merciful, the Beneficent, who does not let anything deposited with him to be lost. O Allah, keep me steadfast in following Your Book and the practices of Your Prophet and keep me among his followers until my death and save me from dissension.) Then say thrice Allahu Akbar and repeat the above supplication twice. Then make takbeer and repeat the supplication. If it is not possible to perform all this, one may recite a portion of it. It has been reported from Amiril Mu'mineen (a.s.) that when one climbs the Safaa, one must face the Holy Kaaba, raise one's hands and say
Çááåã ÇÛÝÑ áí ßá ÐäÈ ÇÐäÈÊå ÞØ ¡ ÝÅä ÚÏÊ ÝÚÏ Úáíø ÈÇáãÛÝÑÉ ¡ ÝÅäß ÃäÊ ÇáÛÝæÑ ÇáÑÍíã ¡ Çááåã Ç ÝÚá Èí ãÇ ÃäÊ Ãåáå ¡ ÝÅäß Ç ä ÊÝÚá Èí ãÇ ÃäÊ Ãåáå ÊÑÍãäí ¡ æÅä ÊÚÐÈäí ÝÃäÊ Ûäí Úä ÚÐÇÈí ¡ æÃäÇ ãÍÊÇÌ Çáì ÑÍãÊß ¡ ÝíÇ ãä ÃäÇ ãÍÊÇÌ Çáì ÑÍãÊå ÇÑÍãäí ¡ Çááåã áÇ ÊÝÚá Èí ãÇ ÃäÇ Çåáå ¡ ÝÅäß Åä ÃäÇ Ãåáå ÊÚÐÈäí æáä ÊÙáãäí ¡ ÃÈÍÊ ÃÊÞí ÚÏáß æáÇ ÃÎÇÝ ÌæÑß ¡ ÝíÇ ãä åæ ÚÏá áÇ íÌæÑ ÇÑÍãäí .
(Translation: O Allah, forgive all my sins whenever I may have committed them and if I repeat them, forgive me again, for You are Forgiving and Merciful. O Allah, deal with me as it befits You and if You would do so, You would have mercy on me. You are free from any need to punish me but I am in need of Your mercy, have mercy on me. O Allah, do not deal with me as I deserve, for if You do so, You will punish me without being unjust to me. I fear Your justice but have no fear of injustice from You. O one who is absolutely Just, have mercy on me.)
It has been reported from Abi Abdullah (a.s.) that if one desires to own much property, one should stay at Safaa longer. It is recommended to perform the saee by walking in peace and seriousness. When men reach the first minaret they should hasten the pace till the location of the second minaret. There is no such recommendation for women.Then one should continue to walk with peace and seriousness till one arrives at Marwah where one should repeat what was done at Safaa and return from Marwah to Safaa in the same manner. If one is riding, one should hasten the pace between the minarets. One must perform the saee in earnestness, weeping and supplicating intensely.
COURTESIES IN IHRAM DURING THE STAY AT ARAFAAT
Whatever has been stated above in respect of the courtesies in the state of ihram during Umrah, apply equally to the state of ihram in Hajj. When one has worn the ihram for Hajj, and departed from Makkah, one must say the talbiyyah on the way but not in loud voice till one reaches Abtah when it must be recited aloud. When one notices Mina, one should say:
Çááåã ÅíÇß ÃÑÌæ æÅíÇß ÃÏÚæÇ ¡ ÝÈáÛäí Ããáí æÃáÍ áí Úáãí . (Translation: O Allah, I place all my hopes in You and supplicate to You. Fulfil my hopes and put my actions in order.)
Then proceed to Mina peacefully and with seriousness, engrossed in remembrance of Allah and on reaching there, say: ÇáÍãÏ ááå ÇáÐí ÃÞÏãäíåÇ ÇáÍÇð Ýí ÚÇÝíÉ æÈáÛäí åÐÇ ÇáãßÇä . (Translation: All praise is due to Allah who brought me to Mina in sound health and reached me to this place.)
Then say: Çááåã æåÐå ãäì ¡ æåí ããÇ ãääÊ Èå Úáì ÃæáíÇÆß ãä ÇáãäÇÓß ¡ ÝÃÓÃáß Ãä Êáí Úáì ãÍãÏ æÂá ãÍãÏ ¡ æÃä Êãä Úáíø ÝíåÇ ÈãÇ ãääÊ Úáì ÇæáíÇÆß æÃåá ØÇÚÊß ÝÅäãÇ ÃäÇ ÚÈÏß æÝí ÞÈÖÊß .
(Translation: O Allah, this is Mina where You have graced us with performance of ceremonies. I beseech You for the grace You have bestowed on Your Prophets, for I am one of Your servants and in Your power.)
It is recommended that the eve of Arafaat be spent in Mina in the worship of Allah, the High and its preferred form is prayers (salaat) in the mosque at Kheef. After dawn, one must continue in prayer till sunrise and then move to Arafaat. There is no objection in departing from Mina before sunrise. When one notices Arafaat, one should say: Çááåã Åáíß ãÏÊ æÅíÇß ÇÚÊãÏÊ ææÌåß ÃÑÏÊ ¡ ÝÃÓÃáß Åä ÊÈÇÑß áí Ýí ÑÍáÊí ¡ æÃä ÊÞÖí áí ÍÇÌÊí ¡ æÃä ÊÌÚáäí ããä ÊÈÇåí Èå Çáíæã ãä åæ ÃÝÖá ãäí .
(Translation: O Allah, I turn to You, repose trust in You and seek Your pleasure. I beseech You to bless my journey, fulfil my wishes and include me among those superior to me whom You honour today.)
When one reaches Arafaat, one should recite the talbiyyah.
COURTESIES OF THE STAY AT ARAFAAT
A number of matters have been recommended during the stay at Arafaat and some of them are:
(1) Cleanliness (taharah) during the stay.
(2) Ghusl at noon.
(3) Continuous supplication and remembrance of Allah.
(4) Stay on the flat land to the left of the mountain.
(5) Joining the two prayers of Zohr and Asr with one adhan and two iqamaat
(6) Recitation of supplications and the most excellent of them are the supplications of Hussain (a.s.) and his son Imam Zainul Abideen (a.s.) which will be set out.
It has been authentically reported from Muawiyah bin Ammar that Abi Abdillah (a.s.)
stated, "Hasten to your prayers (salaat) and gather yourselves to indulge in supplications for it is a day of supplications and seeking. Then find yourself a place where you can stay with peace and solemnity and praise, glorify and recite the Oneness of Allah. Recite the takbir a hundred times, the Hamd a hundred times, Subhanallah a hundred times, the Chapter on Ikhlas a hundred times and other supplications that he may choose to recite. One must make great effort to indulge in worship for it is a day for supplications and seeking refuge of Allah from the Shaitan who does not spare opportunity to deviate man. One must not engage in looking at others but examine oneself and say:
Çááåã Åäí ÚÈÏß ÝáÇ ÊÌÚáäí ãä ÃÎíÈ æÝÏß ¡ æÇÑÍã ãÓíÑí Çáíß ãä ÇáÝÌ ÇáÚãíÞ .
(Translation: O Allah, I am Your slave. Do not include among those who do not hope to be close to You. Have mercy on my having travelled from far towards You.)
Then say: Çááåã ÑÈ ÇáãÔÇÚÑ ßáåÇ ¡ Ýß ÑÞÈÊí ãä ÇáäÇÑ æÃæÓÚ Úáí ãä ÑÒÞß ÇáÍáÇá æÇÐÑà Úäí ÔÑ ÝÓÞÉ ÇáÌä æÇáÇäÓ .
(Translation: O Allah, the sustainer of all the places for the ceremonies. Spare my neck from the fire of Hell, increase my sustenance from lawful sources and keep me away from harm from the evil among the jinn and mankind.)
Then say:
Çááåã Åäí ÃÓÃáß ÈÍæáß æÌæÏß æßÑãß æãäøß æÝÖáß ¡ íÇ ÃÓãÚ ÇáÓÇãÚíä æíÇ ÃÈÑ ÇáäÇÙÑíä æíÇ ÃÓÑÚ ÇáÍÇÓÈíä æíÇ ÃÑÍã ÇáÑÇÍãíä ¡ Ãä Êáí Úáì ãÍãÏ æÂá ãÍãÏ æÃä ÊÝÚá Èí ..
(Translation: O Allah, I ask You by Your power, generosity, charity, favour and bestowal, O the Best of the Listeners, the Greatest of those who See, the Quickest in taking Account and the most Merciful of the Merciful, send Your blessings on Muhammad and his progeny and grant me (and then ask for your wishes).
Then say raising our head towards the sky:
Çááåã ÍÇÌÊí Çáíß ÇáÊí Åä ÇÚØíÊäíåÇ áã íÖÑäí ãÇ ãäÚäí ¡ æÇáÊí Åä ãäÚÊäíåÇ áã
íäÝÚäí ãÇ ÃÚØíÊäí ¡ ÃÓÃáß ÎáÇ ÑÞÈÊí ãä ÇáäÇÑ .
(Translation: O Allah, I have a wish which if You grant will not affect what You have refused me but if you reject that wish, I will not benefit from anything else You grant me. I seek that my neck be spared from the fire of Hell.)
Then say:
Çááåã Åäí ÚÈÏß æãáß íÏß ¡ äÇíÊí ÈíÏß æÇÌáí ÈÚáãß ¡ ÃÓÃáß Çä ÊæÝÞäí áãÇ íÑÖíß Úäí æÃä ÊÓáã ãäí ãäÇÓßí ÇáÊí ÃÑíÊåÇ Îáíáß ÅÈÑÇåíã æÏááÊ ÚáíåÇ äÈíß ãÍãÏÇð áì Çááå Úáíå æÂáå .
(Translation: O Allah, I am Your slave and belong to You, my forelock is in Your hands, my death is in Your knowledge, I seek that I do what would please You and accept from me the performance of the ceremonies which You showed to Your friend, Ibrahim (a.s.) and by them guided Your Prophet Muhammad (s.a.a.w.)
Then say:
Çááåã ÇÌÚáäí ããä ÑÖíÊ Úãáå æÃØáÊ ÚãÑå æÃÍííÊå ÈÚÏ ÇáãæÊ ÍíÇÉ ØíÈÉ (Translation: O Allah, include me among those whose actions have pleased You, whose lives You have elongated and granted them life after death pure lives).
Then recite the following supplication taught by the Holy Messenger (s.a.a.w.) to Ali (a.s.) as reported by Muawiyah bin Ammar from Abi Abdulla (a.s.): áÇ Åáå ÅáÇ Çááå æÍÏå áÇ ÔÑíß áå¡ áå Çáãáß æáå ÇáÍãÏõ íõÍíì æíãíÊ¡ æíãíÊ æíÍíí æåæ ÇáÍí áÇ íãæÊ¡ ÈíÏå ÇáÎíÑ æåæ Úáì ßá ÔíÁ ÞÏíÑ.
Çááåã áß ÇáÍãÏ¡ ÃäÊ ßãÇ ÊÞæá æÎíÑÇð ããÇ íÞæá ÇáÞÇÆáæä .
Çááåã áß áÇÊí æÏíäí æãÍíÇí æããÇÊí¡ æáß ÊÑÇËí æÈß Íæáí æãäß ÞæøÊí .
Çááåã Åäí ÃÚæÐõ Èß ãä ÇáÝÞÑ æãä æÓæÇÓ ÇáøÏÑ¡ æãä ÔÊÇÊ ÇáÃãÑ æãä ÚÐÇÈ ÇáäÇÑ æãä ÚÐÇÈ ÇáÞÈÑ .
Çááåã Åäí ÃÓÃáß ãä ÎíÑ ãÇ ÊÃÊí Èå ÇáÑíÇÍ¡ æÃÚæÐõ Èß ãä ÔÑø ãÇ ÊÃÊí Èå ÇáÑøíÇÍ¡ æÃÓÃáß ÎíÑ Çááíá æÎíÑ ÇáäåÇÑ .
(Translation: There is no God but Allah, He is One without any partner. All kingdom belongs to Him, all praise is due to Him. He grants life and death and death and life. He is eternally living and does not die. All good is in his hands and He has power over all things. All praise is due to You as You state and what You state is better than anything else which is said. O Allah, my salaat, worship. living and death are for You. All the power with me is from You and all my strength is from You. O Allah, I seek Your refuge from poverty, wicked obsessions, severity of affairs, the fire of Hell and the torments of the grave. O Allah, I seek from You the goodness that comes from the wind, and seek refuge from the evil caused by the wind and the goodness from the day and night.)
Among the supplications reported by Abdullah bin Maymoon from Abi Abdullah (a.s.) is the following that during his stay in Arafaat, the Holy Messenger (s.a.a.w.) used to recite at the time of sunset before departure: Çááåã Åäí ÃÚæÐ Èß ãä ÇáÝÞÑ æãä ÊÔÊÊ ÇáÃãÑ æãä ÔÑ ãÇ íÍÏË ÈÇááíá æÇáäåÇÑ¡ ÃãÓì Ùáãí ãÓÊÌíÑÇð ÈÚÝæß¡ æÃãÓì ÎæÝí ãÓÊÌíÑÇð ÈÃãÇäß¡ æÃãÓì Ðáøí ãÓÊÌíÑÇ ÈÚÒß æÇãÓì æÌåí ÇáÝÇäí ãÓÊÌíÑÇ ÈæÌåß ÇáÈÇÞí¡ íÇÎíÑ ãä ÓõÆá æíÇ ÃÌæÏ ãä ÃÚØì¡ Ìáøáäí ÈÑÍãÊß æÃáÈÓäí ÚÇÝíÊß æÇÑÝ Úäí ÔÑ ÌãíÚ ÎáÞß .
(Translation: O Allah, I seek Your refuge from poverty, the severity of affairs, the evils of night and day. Let my transgressions be sheltered by Your forgiveness, my fear by Your security, my abasement by Your honour and my mortality by Your eternalness. O the best from whom to seek and the most generous to give, cover me with Your mercy, clothe me with health from You and keep me away from me the evil of all Your creation.)
Abu Basir has reported from Abi Abdullah (a.s.) that the following be recited when the sun has set on the day of Arafaat:
Çááåã áÇ ÊÌÚáå ÂÎÑ ÇáÚåÏ ãä åÐÇ ÇáãæÞÝ¡ æÇÑÒÞäíå ãä ÞÇÈá ÃÈÏÇð ãÇ ÃÈÞíÊäí¡ æÇÞáÈäí Çáíæã ãÝáÍÇ ãäÌÍÇ ãÓÊÌÇÈÇ áí¡ ãÑÍæãÇð ãÛÝæÑÇð áí¡ ÈÃÝÖá ãÇ íäÞáÈ Èå Çáíæã ÃÍÏ ãä æÝÏß æÍÌÇÌ ÈíÊß ÇáÍÑÇã¡ æÇÌÚáäí Çáíæã ãä ÇßÑã æÝÏß Úáíß¡ æÃÚØäí ÃÝÖá ãÇ ÃÚØíÊ ÃÍÏÇð ãäåã ãä ÇáÎíÑ æÇáÈÑßÉ æÇáÑøÍãÉ æÇáÑÖæÇä æÇáãÛÝÑÉ¡ æÈÇÑß áí Ýí ãÇ ÃÑÌÚ Çáíå ãä Çåá Ãæ ãÇá Ãæ Þáíá Ãæ ßËíÑ¡ æÈÇÑß áåã Ýí .
(Translation: Do not make this my last stay in this place and grant me future visits to this place so long as I live and make my stay successful and providing for me salvation, mercy and forgiveness better than the day has provided to the other guests and pilgrim to Your Holy House. And make me today the most honourable of Your visitors and grant me more goodness, prosperity, mercy, Your pleasure and forgiveness more than You have granted any of them. On my return, bless me with children, wealth, little or more and make me a blessing for them too.)
COURTESIS OF THE STAY AT MUZDALIFAH
Similarly, there are many courtesis to be observed in Muzdalifah but we shall set out a few of them:
1. To proceed from Arafaat with serenity and solemnity seeking forgiveness and on approaching the red sand hill on the right, say:
Çááåã ÇÑÍã ãæÞÝí¡ æÒÏ Ýí Úãáí æÓáã áí Ïíäí æÊÞÈøá ãäÇÓßí .
(Translation: O Allah, have mercy on my station, increase my capacity for efforts, preserve me on my religion and accept my performance of the rituals.)
2. To move steadily.
3. To delay the recitation of the salaat until reaching Muzdalifah and combine the recitation of Maghrib and Isha with one adhan and two iqamah even though a third of the night has passed.
4. To descend into the valley on the road to the right near the Mash'ar and it is recommended to be on foot for those whose pilgrimage is the first one.
5. To remain awake during the night in prayer and supplication and say:
Çááåã åÐå ÌãÚ¡ Çááåã Åäí ÃÓÃáß Ãä ÊÌãÚ áí ÝíåÇ ÌæÇãÚ ÇáÎíÑ¡ Çááåã áÇ ÊÄíÓäí ãä ÇáÎíÑ ÇáÐí ÓÃáÊß Çä ÊÌãÚå áí Ýí ÞáÈí¡ æÃØáÈ Åáíß Ãä ÊÚÑÝäí ãÇ ÚÑÝÊ ÃæáíÇÁß Ýí ãäÒáí åÐÇ¡ æÃä ÊÞíäí ÌæÇãÚ ÇáÔÑø .
(Translation; O Allah of this gathering, I ask You to gather for me in it a collection of goodness. O Allah, do not make me despair of the goodness which I asked You to accumulate in my heart. I ask You to grant me the knowledge of this place which You granted to Your chosen ones and save me from accumulation of evils.)
6. To remain in cleanliness (taharah), say prayers (salaat). praise Allah, remember Him and His greatness as much as possible, send salawaat on the Holy Prophet and his progeny and then recite:
Çááåã ÑÈ ÇáãÔÚÑ ÇáÍÑÇã Ýß ÑÞÈÊí ãä ÇáäÇÑ¡ æÃæÓÚ Úáí ãä ÑÒÞß ÇáÍáÇá æÇÏÑà Úäí ÔÑ ÝÓÞÉ ÇáÌä ÇáÇäÓ . Çááåã ÃäÊ ÎíÑ ãØáæÈ Çáíå æÎíÑ ãÏÚæ æÎíÑ ãÓÄæá¡ æáßá æÇÝÏ ÌÇÆÒÉ¡ ÝÇÌÚá ÌÇÆÒÊí Ýí ãæØäí åÐÇ Ãä ÊÞíáäí ÚËÑÊí æÊÞÈá ãÚÐÑÊí æÃä ÊÌÇæÒ Úä ÎØíÆÊí¡ Ëã ÇÌÚá ÇáÊÞæì ãä ÇáÏäíÇ ÒÇÏí .
(Translation: O Allah of the Holy Mash'ar, save my neck from the fire of Hell, increase my lawful sustenance and keep me away from the harm of the evil from the jinn and mankind. O Allah, You are the best from whom to seek, the best to whom one can be invited and the best to be supplicated. There is a reward for every visitor and in this place, I seek that my reward be that You forgive my slips, accept my plea, forgive my sins and then make piety my provision from this world.)
7. Collect seventy pebbles in Muzdalifah for throwing at jamaraat.
8. When passing through Wadi Muhassar, one should accelerate pace and say:
Çááåã Óáã áí ÚåÏí¡ æÇÞÈá ÊæÈÊí æÃÌÈ ÏÚæÊí¡ æÇÎáÝäí ÈÎíÑ Ýíãä ÊÑßÊ ÈÚÏí .
(Translation: O Allah, protect for me my covenant, accept my repentance, answer my wishes and look after those I leave behind.)
COURTESIES OF THROWING PEBBLES AT JAMARAAT
Of the recommended acts during the throwing of pebbles are:
1. One should be in a state of cleanliness (taharah) while throwing pebbles.
2. While taking the pebbles in hand, one should say: Çááåã åÐå ÍíÇÊí ÝÃÍåäø áí æÇÑÝÚåäø Ýí Úãáí .
(Translation: O Allah, take into account my these pebbles and elevate my act.)
3. While throwing each pebble, say:
Çááå ÇßÈÑ¡ Çááåã ÇÏÍÑ Úäí ÇáÔíØÇä¡ Çááåã ÊÏíÞÇð ÈßÊÇÈß æÚáì ÓäÉ äÈíß¡ Çááåã ÇÌÚáå ÍÌÇð ãÈÑæÑÇð æÚãáÇð ãÞÈæáÇð æÓÚíÇð ãÔßæÑÇð æÐäÈÇð ãÛÝæÑÇð . (Translation: Allah is great. O Allah, drive away the Satan from me. O Allah, I accept Your book as true and am on the practices of Your Prophet. O
Allah, accept my Hajj, my acts and my efforts and forgive my sins.)
4. Throw the pebbles at Jamrat-ul-Uqbah from the distance of ten to fifteen steps.
5. While throwing the pebbles at the Jamrat-ul-Uqbah, face it with the back to the qiblah but throw the pebbles at the Oola nd Woosta facing the qiblah.
6. Place the pebble on the rear of the thumb and push it with the nail of the index finger.
7. When back in Mina, say: Çááåã Èß æËÞÊ æÚáíß ÊæßáÊ ¡ ÝäÚã ÇáÑÈ æäÚã Çáãæáì æäÚã ÇáäíÑ . (Translation: O Allah, my faith and trust is in You and You are the best sustainer, master and helper.)
COURTESIES DURING MAKING SACRIFICE
Of the recommended acts during the making of sacrifice are:
1. These should be in the order of camel, cow and male sheep.
2. The sacrifice should be fat.
3. At the time of making the sacrifice, say:
æÌåÊ æÌåí ááÐí ÝØÑ ÇáÓãÇæÇÊ æÇáÃÑÖ ÍäíÝÇð æãÇ ÃäÇ ãä ÇáãÔÑßíä¡ Åä áÇÊí æäÓßí æãÍíÇí æããÇÊí ááå ÑÈ ÇáÚÇáãíä¡ áÇ ÔÑíß áå æÈÐáß ÃãÑÊ æÃäÇ
ãä ÇáãÓáãíä¡ Çááåã ãäß æáß¡ ÈÓã Çááå æÇááå ÇßÈÑ¡ Çááåã ÊÞÈá ãäí .
(Translation: I turn my attention towards the One who has created the heavens and the earth as a true believer and a Muslim and I am not among the polytheists. My prayers (salaat), sacrifice, life and death are for Allah, the sustainer of the universes. He has no partner and so have I been ordered and I am of those who have submitted. O Allah, all this is from and for You. I commence in the name of Allah and Allah is great. O Allah, accept my efforts.)
4. The animal be slaughtered by the pilgrim himself but if he cannot, he should hold the knife in his hand and the person slaughtering the animal should hold the hand of the pilgrim and there is no objection if the pilgrim holds the hand of the one slaughtering the animal.
COURTESIES OF SHAVING THE HEAD
1. It is recommended that the shaving commence from the front of the head and this supplication be recited:
Çááåã ÃÚØäí Èßá ÔÚÑÉ äæÑÇð íæã ÇáÞíÇãÉ .
(Translation: O; Allah, grant me on the Day of Judgment light for every hair.)
2. The hair be buried in his tent in Mina.
3. After shaving of the head, hair also be taken from the beard and moustache and nails be cut.
COURTESIES OF THE TAWAAF OF HAJJ AND SAEE
The courtesies of the tawaaf of umrah and the prayers after it and of saee have already been stated and they apply here as well. It is recommended to perform the tawaaf on the day of Idd. At the door to the Masjid-ul-Haram, say:
Çááåã ÃÚäí Úáì äÓßß æÓáãäí áå æÓáãå áí¡ ÃÓÃáß ãÓÃáÉ ÇáÚáíá ÇáÐáíá ÇáãÚÊÑÝ ÈÐäÈå¡ Ãä ÊÛÝÑ áí ÐäæÈí¡ æÃä ÊÑÌÚäí ÈÍÇÌÊí¡ Çááåã Åäí ÚÈÏß æÇáÈáÏ ÈáÏß æÇáÈíÊ ÈíÊß¡ ÌÆÊ ÃØáÈ ÑÍãÊß æÃÄã ØÇÚÊß¡ ãÊÈÚÇ áÃãÑß ÑÇÖíÇð ÈÞÏÑß¡ ÃÓÃáß ãÓÃáÉ ÇáãÖØÑ Åáíß ÇáãØíÚ áÃãÑß ÇáãÔÝÞ ãä ÚÐÇÈß ÇáÎÇÆÝ áÚÞæÈÊß¡ Ãä ÊÈáÛäí ÚÝæß æÊÌíÑäí ãä ÇáäÇÑ ÈÑÍãÊß .
(Translation: O Allah, help me to worship You; save me for it and save it for me. I ask You as a week, lowly person confessing his sins, forgive my sins and grant my wishes. O Allah, I am Your slave; the land is Yours and the House is Yours. I have come asking for Your mercy and in Your obedience. I submit to your orders and am pleased with what You have destined. I ask You as a distressed person, obedient to your orders, apprehensive of Your torments, fearful of Your punishment, reach me to Your forgiveness and save me from the fire by Your mercy.)
Then hold the Hajar-ul-Aswad, salute it and kiss it. If this is not possible, salute it and kiss it and if it is not possible to do so, face it and recite takbir. Then perform the tawaaf as is done on entering Makkah.
COURTESIES OF MINA
It is recommended that the pilgrim must remain in Mina during the period for the stay there. One should not move out even for a recommended tawaf. It is recommended to recite the takbir after fifteen salaats commencing from zohr on the day of the sacrifice and after ten in other cities. It is preferred that the takbir be recited thus: Çááå ÇßÈÑ¡ Çááå ÇßÈÑ¡ áÇ Åáå ÅáÇ Çááå æÇááå ÃßÈÑ¡ Çááå ÃßÈÑ æááå ÇáÍãÏ¡ Çááå ÃßÈÑ Úáì ãÇåÏÇäÇ¡ Çááå ÇßÈÑ Úáì ãÇÑÒÞäÇ ãä ÈåíãÉ ÇáÇäÚÇã¡ æÇáÍãÏ ááå Úáì ãÇ ÃÈáÇäÇ . (Translation: Allah is great, Allah is great. There is no God except Allah, Allah is great. Allah is great and all praise is due to Allah. Allah is great in that He has guided us. Allah is great in that He has granted us animals for sustenance and all praise is due to Allah for what he has destined for us.)
It is recommended that all obligatory and recommended prayers (salaat) be recited in the Mosque of Kheef. Abu Hamza Thimali has reported that the Fifth Imam (a.s.) has stated that he who recites a hundred rakaats in the Mosque of Kheef in Mina before departing from there will be rewarded the equivalent of the worship of seventy years. He who recites subhanallah in the Mosque a hundred times will have the reward for freeing a slave. He who recites there lailahailallah a hundred times, will be rewarded the equivalent of saving a life and he who recites there alhamdulillah a hundred times will be rewarded the equivalent of giving in charity the revenue of the two Iraqs.
COURTESIES OF MAKKAH
Of the matters recommended are:
1. Remembrance of Allah a great deal and the recitation of the Holy Qur'an.
2. Completion of the full recitation of the Holy Qur'an.
3. Drinking the water of Zamzam and then saying:
Çááåã ÇÌÚáå ÚáãÇ äÇÝÚÇ æÑÒÞÇ æÇÓÚÇ æÔÝÇÁ ãä ßá ÏÇÁ æÓÞã .
(Translation: O Allah, grant me knowledge which is beneficial, great sustenance and relief from all pains and illness.)
Then say:
ÈÓã Çááå æÈÇááå æÇáÔßÑ ááå .
(Translation: By the name of Allah, all praise is due to Allah and I thank Allah.)
4. Keep looking at the Holy Kaaba a great deal.
5. Make tawaaf of the Holy Kaaba ten times: thrice in the first part of the night, thrice at the end of the night, twice after dawn and twice after zohr.
6. Three hundred and sixty tawaafs be performed during the stay in Makkah and if it is not possible to do so, fifty two tawaafs be performed and if it is not possible to do so either, then as many be performed as possible.
7. For the one performing the pilgrimage. for the first time, to enter the Holy Kaaba and it is recommended to perform a ghusl before entering and to say at the time of entry:
Çááåã Åäß ÞáÊ : ( æãä ÏÎáå ßÇä ÂãäÇ ) ÝÂãäí ãä ÚÐÇÈ ÇáäøÇÑ .
(Translation: O Allah, You have stated that whoever has entered it is safe. Save me from the torments of fire.)
Then recite two rakaats between the two pillars on the red marble tiles and after the recitation of the Chapter of Fatiha, recite in the first rakaat the Chapter on Hamim Sajdah and in the second fifty five verses.
8. Recite prayers (salaat) at all the corners of the Holy Kaaba and say after the prayers:
Çááåã ãä Êåíà æÊÚÈÃ Ãæ ÇÚÏø Ãæ ÇÓÊÚÏ áæÝÇÏÉ Åáì ãÎáæÞ ÑÌÇÁ ÑÝÏå æÌÇÆÒÊå æäæÇÝáå æÝæÇÖáå¡ ÝÅáíß íÇÓíÏí ÊåíÃÊí æÊÚÈÃÊí æÅÚÏÇÏí æÇÓÊÚÏÇÏí ÑÌÇÁ ÑÝÏß æäæÇÝáß æÌÇÆÒÊß¡ ÝáÇ ÊÎíÈ Çáíæã ÑÌÇÆí¡ íÇ ãä áÇ íÎíÈ Úáíå ÓÇÆá æáÇ íäÞå äÇÆá¡ ÝÅäí áã ÂÊß Çáíæã ËÞÉ ÈÚãá ÇáÍ ÞÏãÊå æáÇ ÔÝÇÚÉ ãÎáæÞ ÑÌæÊå¡ æáßäí ÃÊíÊß ãÞÑÇð ÈÇáÙáã æÇáÅÓÇÁÉ Úáì äÝÓí¡ ÝÅäå áÇ ÍÌÉ áí æáÇ ÚÐÑ¡ ÝÃÓÃáß íÇ ãä åæ ßÐáß Ãä Êáí Úáì ãÍãÏ æÂáå æÊÚØíäí ãÓÃáÊí æÊÞíáäí ÚËÑÊí æÊÞáÈäí ÈÑÛÈÊí¡ æáÇ ÊÑÏäí ãÌÈæåÇ ããäæÚÇ æáÇ ÎÇÆÈÇð¡ íÇ ÚÙíã íÇ ÚÙíã íÇ ÚÙíã ÃÑÌæß ááÚÙíã ¡ ÃÓÃáß íÇ ÚÙíã Ãä ÊÛÝÑ áí ÇáÐäÈ ÇáÚÙíã¡ áÇ Åáå ÅáÇ ÃäÊ .
(Translation: O Allah, some people prepare themselves and become ready to turn to other people in the hope of obtaining favours, gifts, benefits and grants from them but O my Master, I prepare myself and am ready to turn to You in the hope of receiving Your favours, benefits and grants. Do not dash my hopes today, O one who does not disappoint those seeking from Him and does not deny them. I have not brought today a weighty load of good deeds while approaching You nor do I hope from intercession of other people but I approach You confessing the wrongs I have done to myself and I have no proof or excuse. I beg You, as You are worthy, to send Your blessings on Muhammad and his progeny, grant me what I seek from You, forgive my wrongs and fulfil my wishes and do not return me rejected, denied or disappointed. O Great, O Great, O Great I have great hopes in You and beg You, O Great, to forgive my grave sins, there is no God except You.) It is recommended to recite three takbirs at the time of emerging from the Holy Kaaba and to say:
Çááåã áÇ ÊÌåÏ ÈáÇÁ äÇ¡ ÑÈøäÇ æáÇ ÊÔãÊ ÈäÇ ÃÚÏÇÁ äÇ¡ ÝÅäß ÃäÊ ÇáÖÇÑ ÇáäÇÝÚ . (Translation: O Allah, do not impose tribulations on us. O our sustainer, do not let our enemies rejoice at our misfortunes, verily, You are the one to bring damage and benefit.)
Then come out of Holy Kaaba and facing it with the ladder to the left, recite two rakaats by the ladder.
THE TAWAAF OF FAREWELL
It is recommended that when the pilgrim intends to depart from Makkah, he should perform a tawaaf of farewell (tawaaf ul-widaa) and in each round should salute the Hajar-ul-Aswad and Rukn-ul-Yamani. He should perform the recommended acts already set out on reaching the mustajaar. He should seek his wishes. He should then salute the Hajar-ul-Aswad and press his abdomen to the Holy Kaaba. He should hold the Hajar-ul-Aswad with one hand and the door of the Holy Kaaba with the other. Then he should thank and praise Allah, send salawaat on the Holy Prophet and his progeny and then say: Çááåã á Úáì ãÍãÏ ÚÈÏß æÑÓæáß æäÈíß æÃãíäß æÍÈíÈß æäÌíß æÎíÑÊß ãä ÎáÞß ¡ Çááåã ßãÇ ÈáÛ ÑÓÇáÇÊß æÌÇåÏ Ýí ÓÈíáß æÏÚ ÈÃãÑß æÃæÐí Ýí ÌäÈß æÚÈÏß ÍÊì ÃÊÇå ÇáíÞíä¡ Çááåã ÃÞáÈäí ãÝáÍÇ ãäÌÍÇ ãÓÊÌÇÈÇð áí ÈÃÝÖá ãÇ íÑÌÚ Èå ÃÍÏ ãä æÝÏß ãä ÇáãÛÝÑÉ æÇáÈÑßÉ æÇáÑÍãÉ æÇáÑøÖæÇä æÇáÚÇÝíÉ .
(Translation: O Allah, send blessings on Muhammad, Your slave, Messenger, Prophet, Trusted, Beloved, Noble and the best of Your creations. O Allah, just as he delivered Your message, fought in Your cause, accomplished Your commands and worshipped You to his last. O Allah, render me success, salvation, fulfilled of my wishes of the best of any pilgrim would return with forgiven, blessed and with Your pleasure and good health.)
It is recommended to depart from the Door of Hannateen and pause facing the Rukn of Shaami and seek from Allah the fortune to return. It is also recommended to purchase at the time of departure about one dirham (3.65 grams of silver) worth of dates and distribute among the poor.
SALUTATION TO THE GREAT MESSENGER (S.A.A.W.)
It is very strongly recommended that the pilgrim should return via Madinah and visit the Great Messenger (s.a.a.w.), his pure and truthful daughter (a.s.) and the Imams in the Baqi' (a.s.). The boundaries of Madinah are the Aeer and Waeer which are two mountains surrounding Madinah from east to west. Some scholars regard these places as sacrosanct and that though it is not obligatory to wear ihram there it is not permitted to cut trees or, in particular, the fresh ones except to cut those as permitted for the boundaries of Makka and it is also prohibited to hunt between the mountains. However, it is apparent that both are permitted and the opinion of prohibition is out of excess of caution.
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