Fiqh 5.1: PILGRIMAGE: A GENERAL DEFINITION, ITS EXCELLENCE AND PREREQUISITES
Allah, the Exalted One, says: "The first House (of worship) appointed
for men was that at Bakka; (Bakka is one of the names of Makkah) full
of blessings and guidance for all kinds of beings: in it are signs manifest
(for example), the station of Abraham-- whoever enters it attains security;
pilgrimage thereto is a duty men owe to Allah--those who can afford the
journey; but if any deny faith, Allah stands not in need of any of His
creatures" (Qur'an 3.96-97).
Fiqh 5.1 a: Definition of Hajj
The majority of the scholars hold that Hajj was prescribed in the sixth
year after Hijrah (Migration of the Prophet (peace be upon him) from Makkah
to Madinah) for it was then that the following verse concerning it was
revealed: "And complete the Hajj and 'Umrah in the service of Allah"
(Qur'an 2.194). This conclusion is based on the understanding that the
"completion" in the above verse in fact refers to the time when
it was first made obligatory. This view is also supported by 'Alqamah,
Masrouq, and Ibrahim An-Nakh'i, who substitute "And establish"
for "And complete" in the above verse, as reported by At-Tabarani
on sound authority. Ibn-al-Qayyim, however, is inclined to the view that
Hajj was made obligatory in the ninth or the tenth year of Hijrah.
Fiqh 5.1 b: Excellence of Hajj
The Divine Law Giver exhorted Muslims to perform Hajj. In this regard
we may refer to the following:
Fiqh 5.1 c: Hajj - One of the Best Deeds
Abu Hurairah reported that the Prophet (peace be upon him) was once asked:
"What is the best deed?" He replied: "To have faith in
Allah and His Messenger." The enquirer asked: "What next?"
The Prophet (peace be upon him) said: "To strive in the cause of
Allah." "What is the next best thing?" He replied: "Hajj
Mabrur (a faultless Hajj that is free of sin and is graced with Divine
acceptance and pleasure)."
Al-Hasan said: "It means that a person after performance of Hajj
should desire and be inclined to the life of the Hereafter rather than
the material pleasures of this world." Another report transmitted
on sound authority from the Prophet (peace be upon him) says that a righteous
performance of Hajj is crowned by feeding the needy and speaking kind
words to men.
Fiqh 5.2: Hajj: A Form of Jihad
Al-Hasan ibn Ali says that a man came to the Prophet (peace be upon him)
and said: "I am a coward and a weak person. Is there anything I can
do?" The Prophet (peace be upon him) said: "You may go for a
jihad (striving) that involves no fighting, that is, Hajj." This
is reported by Abdur Razzaq and At-Tabarani, and all its narrators are
Abu Hurairah narrates that the Prophet (peace be upon him) said: "Hajj
is the jihad for the old, the weak and the women." (This is reported
by Nasa'i with a reliable chain of narrators)
'Aishah reports that she once said: "O Prophet of Allah! Jihad (striving
or fighting in the cause of Allah) is the best deed. Should we (women)
then, not actively participate in it?" The Prophet (peace be upon
him) replied: "The best jihad for you is Hajj Mabrur." (Bukhari
In another report 'Aishah says: "I once asked the Prophet (peace
be upon him): 'O Prophet of Allah! Should not we (women) strive and actively
participate in the Islamic war with you?' The Prophet (peace be upon him)
replied: 'The best and the most beautiful striving for you in the cause
of Allah is Hajj Mabrur."' (Bukhari and Muslim) 'Aishah commented:
"After hearing this from the Prophet (peace be upon him) I shall
never cease performing Hajj."
Fiqh 5.2 a: Hajj Wipes Off Past Sins
Abu Hurairah reported that the Prophet (peace be upon him) said: "He
who performs Hajj for Allah's pleasure and avoids all lewdness and sins
will return after Hajj free from all sins as he was the day his mother
gave birth to him." (Bukhari and Muslim)
'Amr ibn al-'As says: "When Allah guided me to Islam, I went to
the Prophet (peace be upon him) and said to him: 'O Prophet of Allah!
Stretch out your hand so that I may pledge my allegiance to you.' The
Prophet (peace be upon him) stretched out his hand to me, but I withdrew
my hand. The Prophet (peace be upon him) asked: 'O 'Amr! what is the matter
with you?' I said: 'I would like to stipulate a condition! ' The Prophet
(peace be upon him) asked: 'What is it?' I said: 'That all my past sins
be forgiven!' The Prophet (peace be upon him) said: 'O 'Amr! Do you not
know that Islam wipes off all past sins, and hijrah (leaving one's home
and hearth for Allah's cause) wipes off all sins, and (similarly) Hajj
wipes off all past sins!"' (Muslim)
Abdullah ibn Mas'ud narrated that the Prophet (peace be upon him) said:
"Alternate between Hajj and 'Umrah (regularly), for these two remove
poverty and sins just as the blacksmith's bellows removes all impurities
from metals like iron, gold and silver. The reward for Hajj Mabrur is
nothing short of Paradise." (Nasa'i and Tirmizhi, who regards it
a sound hadith)
Fiqh 5.3: Pilgrims are Allah's Guests
Abu Hurairah reported that the Prophet (peace be upon him) said: "Pilgrims
and those performing 'Umrah are Allah's guests; their prayers are answered
and their supplications for forgiveness are granted. This is reported
by Nasa'i, Ibn Majah, Ibn Khuzaimah and Ibn Hibban in their collections
of Sahih hadith. In the last two we read: "And Allah's guests are
three: A pilgrim performing Hajj, one performing 'Umrah, and a person
who fights in the cause of Allah."
Fiqh 5.3 a: The Reward of Hajj is Paradise
Abu Hurairah says the Prophet (peace be upon him) said: "All sins
committed in between the performance of one 'Umrah and another are expiated
and erased, and the reward of Hajj Mabrur is nothing save Paradise."
(Bukhari and Muslim)
In another sound hadith Ibn Joraij relates from Jabir that the Prophet
(peace be upon him) said: "This House of Allah (the Ka'bah) is the
pillar of Islam, so whosoever heads to it with the intention of performing
Hajj or 'Umrah is under Allah's security. If he should die (during his
trip) he is granted Paradise, and if he returns home safely, he returns
with reward and gain."
Fiqh 5.3 b: The Excellence of Spending in Hajj
Buraidah reports the Prophet (peace be upon him) as saying: "Spending
during Hajj is akin to spending in the cause of Allah, and every dirham
thus spent will be rewarded seven hundred times over.'' (Reported by Ibn
Abi Shaibah, Ahmad, At-Tabarani and Al-Baihaqi)
Fiqh 5.3 c: Hajj is Obligatory Only Once in Life
There is consensus among Muslim scholars that Hajj is obligatory only
once during the lifetime of a Muslim, unless someone vows to perform extra
Hajj, in which case he must fulfil his vow. Whatever is done over and
above is supererogatory or optional.
Abu Hurairah narrates that once, in a sermon, the Prophet (peace be upon
him) said: "O people! Allah has prescribed Hajj for you, so you must
perform it." A man asked: "Every year, O Prophet of Allah?"
The Prophet (peace be upon him) remained silent. When the man repeated
it thrice, the Prophet (peace be upon him) said: "Had I said 'yes',
it would have become a yearly obligation, and this would have been beyond
your power." Then he added: "Leave me alone so long as I leave
you alone (i.e., do not pester me with questions about things which I
omit and do not mention). Some people who lived before you were destroyed
because they asked too many questions and disagreed with their Prophets.
So when I command you to do something, you must obey and do it to the
best of your power, and if I forbid you from something, then avoid it."
(Bukhari and Muslim)
Ibn 'Abbas narrates that once the Prophet (peace be upon him) addressed
us and said: "O People! Hajj has been prescribed for you." At
this Al-Aqra' bin Habis stood up and asked: "O Prophet of Allah!
Are we to perform Hajj every year?" The Prophet (peace be upon him)
said: "Had I said 'yes', it would have become a (yearly) obligation,
and had it become a (yearly) obligatory duty you would have failed to
keep it. Hajj is obligatory only once in one's lifetime. Whatever one
does over and above this is supererogatory (a voluntary act) for him.
(Reported by Ahmad, Abu Daw' ud, Nasa' i and Al-Hakim, who regards it
a sound hadith)
Fiqh 5.4: Can the Performance of Hajj Be Deferred to a More Convenient
Time or Must It Be Performed Immediately after One is Able to Do So?
Ash-Shafi'i, Ath-Thawri, Al-Awza'i and Mohammad bin al-Hasan are of the
opinion that Hajj may be performed at any time during one's life, and
there is nothing wrong if someone, for whom it is obligatory, delays it
until a later date in his (or her) life, for, although Hajj was prescribed
in the 6th year of Hijrah, the Prophet (peace be upon him) delayed it
until the 10th year of Hijrah when he performed it along with his wives
and many of his companions. Had performing it earlier been essential the
Prophet (peace be upon him) would have never delayed it.
Ash-Shafi'i says: "We, therefore, are convinced that Hajj is obligatory
upon a Muslim, male or female, from the age of puberty until before his
Abu Hanifah, Malik, Ahmad, some of Ash-Shafi'i's followers and Abu Yusuf
are of the opinion that Hajj must be performed as soon as one is (physically
and financially) in a position to do so. This opinion is based on a hadith
that is related by Ibn 'Abbas that the Prophet (peace be upon him) said:
"He who intends to perform Hajj let him do so expeditiously, for
he may well fall sick, may lose his mount (ability to bear expenses of
the jaurney) or he may be prevented by some other exigency.'' (Reported
by Ahmad, Al-Baihaqi, At-Tahawi and Ibn Majah) In another report by Ahmad
and Al-Baihaqi, we read that the Prophet (peace be upon him) said: "Hasten
to perform Hajj - the basic obligation - for you don't know what might
happen to you," meaning "one may fall sick or be prevented by
some other exigency." The earlier scholars interpreted these ahadith
saying it was commendable for a person to perform Hajj as soon as possible
provided he had the ability to do so.
Fiqh 5.5: Prerequisites for Hajj
There is a consensus among jurists concerning the prerequisites that
must be found in a person for Hajj to be incumbent on him:
1 He must be a Muslim.
2 He must be an adult.
3 He must be of a sound state of mind.
4 He must be free.
5 He must have the necessary power and ability.
Anyone lacking any of these conditions is not obligated to perform Hajj.
All these conditions, that is, being a Muslim, being of adult age and
of sound mind, being free, and possessing the power to discharge a duty
are equally valid with respect to all other forms of worship in Islam.
This is based on a hadith of the Prophet (peace be upon him) which says:
"Three persons are not to be held accountable: a sleeping person
until he awakes, a minor until he comes of age, and a mentally disturbed
person until he regains his reason."
Freedom is an essential prerequisite for Hajj, for this worship needs
time as well as financial ability. A slave lacks both, for all his time
is spent in the service of his master, and financially he lacks the ability
to undertake this obligation. The Qur'an says: "Pilgrimage thereto
is a duty men owe to Allah - those who can afford the journey" (3.97).
Fiqh 5.7: THE ABILITY TO PERFORM HAJJ - WHAT DOES IT IMPLY?
The ability to perform Hajj, which is one of its essential conditions,
includes the following:
1 A person must be healthy and physically fit. If one is disabled
by old age or a disease that is incurable or is unable to perform Hajj
for some other similar reason, he may, if he is financially capable, assign
someone else to perform Hajj on his behalf and at his expense. This will
be discussed later under "Hajj On Behalf of Another Person."
2 The journey to Hajj must be safe so that the pilgrim's life
and possessions are safe and secure from any danger. If one is afraid
for one's life from highwaymen or an epidemic or if one is afraid to be
robbed of one' s possessions, then such a one is deemed as one of those
who cannot afford the journey for Hajj .
There is, however, a difference of opinion among scholars regarding the
entry fees and other charges levied on pilgrims. Can a person be excused
and reckoned as unable financially to perform Hajj because of these charges?
AshShafi'i and others are of the view that the presence of these levies
does qualify a person to be classified as unable to perform Hajj, even
though the levy involved may be paltry. The Maliki scholars disagree for
they do not regard this as a sufficient reason for a person to be deemed
as unable to perform Hajj, unless the amount involved is too exorbitant
or is demanded repeatedly.
3 One must possess the necessary provision and also the requisite
means of journey. Necessary provision here means that the intending pilgrim
must have sufficient supplies for himself as well as for his family that
he leaves behind. These supplies include sufficient and adequate clothing,
housing, means of traveling, and tools for the pursuit of his trade or
profession besides the financial means for the journey. (The person intending
to perform Hajj should not sell his clothes, his personal belongings,
or his house--even if they were abundant to get money for Hajj) Means
of traveling imply that which enables him to go to Hajj and come back,
whether it is by land, by sea, or by air. This concerns those who live
far from Makkah and cannot walk there.
As for those who live in the vicinity of Makkah, this condition does
not apply, for they are so close that they can go for Hajj on foot.
Some ahadith explain the Qur'anic words "those who can afford the
journey," (Qur'an 3.97) as meaning provision of food and means of
journey. Anas reports that the Prophet (peace be upon him) when once asked
about the meaning of "those who can afford" said: "It means
possessing means of sustenance and transportation." (Ad-Daraqutni
considers this hadith sound) Al-Hafiz remarks: "Most probably its
chain of transmitters is not traceable to the Prophet (peace be upon him).
Tirmizhi as well has reported it on the authority of Ibn 'Umar but its
chain of transmitters is weak. Abdul Haqq remarked: "All its chains
of transmitters are weak." Ibn Al-Munzhir says: "It is not traceable
to the Prophet (peace be upon him) and the correct position is that it
is a sound but incompletely transmitted hadith whose chain of authorities
does not go back to the Prophet (peace be upon him)."
Ali (may Allah be pleased with him) narrates that the Prophet (peace
be upon him) once said: "He who possesses sufficient provisions and
means of journey for the performance of Hajj and yet does not do so, let
him die the death of a Jew or a Christian." For Allah says in the
Qur' an: "Pilgrimage thereto is a duty men owe to Allah - those who
can afford the journey." (Transmitted by Tirmizhi, but among the
narrators of this hadith are included "Halal" ibn Abdullah,
who is unknown, and "Al-Harith" whom Ash-Sha'abi and others
have described as a liar)
All these ahadith are weak in authority, yet most scholars regard provisions
and means of journey as a necessary condition for Hajj. If a person has
neither the necessary provisions nor means of travel, he is not obligated
to perform Hajj.
Ibn Taimiyyah says: "These ahadith are musnad (A report which is
traceable in uninterrupted ascending order of the narrators to its first
authority) and have a sound chain of authorities, some are mursal (A hadith
transmitted by a successor (atabi'), young or old, without mentioning
the Companion who might have heard it from the Prophet directly. Ash-Shafi'i
considers such a hadith weak, while Abu Hanifah and Malik consider it
sound) and others are mauquf. (A hadith reported from a Companion through
words or acts uninterruptedly or otherwise) They all prove that the ability
to arrange one's provisions and possession of means of journey is a necessary
prerequisite for Hajj, and this despite the fact that the Prophet (peace
be upon him) knew that many of the people (in his time) were able to go
for Hajj on foot.
Similarly the words of Allah: "Pilgrimage thereto is a duty men
owe to Allah - those who can afford the journey" underline the fact
that ability and power are the necessary prerequisite for all forms of
worship. It signifies the unspecified power or a little bit more than
what may be necessary. In the case of sawm (fasting) and salah (obligatory
prayers) the financial ability is superfluous and is not specified in
the Qur'an, unlike Hajj for which it is an important requirement. Similarly,
Hajj is a form of worship which involves traveling for which one must
be in possession of sufficient means to support oneself (and one' s family),
as well as be able to shoulder the cost of the journey as in jihad.
In this regard we may refer to the Qur'anic verse (9.91-92) "Nor
is there any blame on those who find no resources to spend, nor is there
(blame) on those who come to you to be provided with mounts, and when
you said, 'I can find no mounts for you,."'
In Al-Muhazhib we read: "If someone has the money to buy provisions
and the passage to Hajj but he needs it to pay his debts, Hajj is not
binding on him, whether the settlement of the debt is required immediately
or is due after a time. The debts that are due for immediate settlement
must be paid at once, whereas the Hajj may be performed later on in life.
But if he spends all that he has on Hajj he may not be in a position to
pay off his debt."
Similarly, if one is in need of a dwelling or a servant to help him,
he may be classified as unable to perform Hajj. Likewise, if one needs
to take a wife because he fears he may not be able to avoid evil, he must
get married, for it is his immediate need. Furthermore, if one needs goods
for his business to obtain requisite resources therefrom, such a one,
according to Abul 'Abbas, Ibn Sarih, may be classified as unable to perform
Hajj in view of his specific need. Al-Mughni says: "If the debt is
owed to a wealthy person who does not demand immediate settlement of the
loan, defers settlement to a later stage, and is ready to permit the debtor
to proceed for Hajj, then such a debtor is (technically) able to perform
Hajj. But in case the lender cannot afford to defer settlement of the
loan, the debtor would be reckoned as unable to perform Hajj."
According to the Shafi'i school: "If someone offers another a free
passage for Hajj, one is not obliged to accept the offer, for it is a
favor and involves distress of being obliged to another person. If, however,
such an offer is made by one' s son to perform Hajj, then one is obligated
to do so, for one can perform it without being beholden to anyone else."
The Hanbali school is of the view that an offer of financial help by
someone else does not obligate a person to perform Hajj, nor does this
classify him as (financially) capable of performing it, whether the offer
comes from a stranger or a relative and whether the offer provides means
of travel and provision, or linanacial help as such.
5 There must also be no obstruction which may prevent people from
undertaking the journey for Hajj, like fear of torture or imprisonment
by a tyrannical ruler.
Fiqh 5.9: Hajj of a Minor and a Slave
Though Hajj is not compulsory for these two groups it is quite valid
if they perform one, but it will not suffice them as regards the Hajj
prescribed in Islam.
Ibn 'Abbas reports: "The Prophet (peace be upon him) said: 'Any
minor (child) who performs Hajj must perform it again after coming of
age; any slave who performs Hajj and is then freed, must perform his Hajj
again'." (Reported by At-Tabarani on sound authority) As-Sa'ib bin
Yazid says: "My father performed Hajj with the Prophet (peace be
upon him) who was performing his Farewell Hajj, while I was only seven
years old." This was reported by Ahmad, Bukhari and Tirmizhi, who
noted: "All scholars agree that if a minor performs Hajj, he must
repeat his Hajj upon coming of age. Likewise a slave who performs Hajj,
and thereafter gains his freedom, must also repeat his Hajj if he is in
a position to do so."
It is also reported from Ibn 'Abbas that during a Hajj a woman lifted
a boy, and asked the Prophet, "Will this boy be rewarded for Hajj?"
The Prophet (peace be upon him) answered: "Yes, and you too will
be rewarded." (The boy will be rewarded for his obedience, while
the mother will be rewarded for helping and instructing him to perform
Hajj. This hadith is also reported from 'Umar)
Jabir reports: "We performed Hajj with the Prophet (peace be upon
him) and a number of women and children were with us. We said talbiyah
on behalf of the children, and (also) threw pebbles on their behalf. This
is narrated by Ahmad and Ibn Majah.
If a minor is able he may himself declare the state of ihram and perform
the rites of Hajj. Otherwise, his guardian (An-Nawawi said: "The
guardian who declares the state of ihram on behalf of a non-discerning
minor, is the guardian of his properties, i.e., his father, grandfather,
or the guardian appointed by law. Conceming the mother, the scholars differ.
Some are of the opinion that her ihram on his behalf is only valid if
she is appointed by law as his guardian. Others claim that her ihram is
valid even if she is not the guardian) must declare the state of ihram
and say talbiyah on his behalf, circumambulate round Ka'bah, run between
Safa and Marwah, stay at 'Arafah and throw stones on his behalf. If, on
the other hand, a minor attains the age of puberty on or before the Day
of 'Arafah, his Hajj is then credited to him. The same applies to a slave
who is liberated on or before the Day of 'Aratah. Malik and Ibn Al-Munzhir
say: "To both of these people their Hajj cannot be credited as (replacement
for) the obligatory Hajj, for they intended a supererogatory worship while
putting on ihram; its supererogatory status cannot be transformed into
an obligatory worship."
Fiqh 5.12: A Woman Should Seek Her Husband's Permission for Hajj
It is desirable for a woman to seek her husband's permission for the
prescribed Hajj. Then if he grants her the permission she may leave for
Hajj; in case he refuses to give permission, she may still proceed for
Hajj, for a husband should not forbid his wife from performing obligatory
Hajj. It is an obligatory act of worship. It is unlawful to obey anyone
in something that involves disobedience to Allah. A woman should perform
obligatory Hajj as soon as possible, just as she should offer her prescribed
daily prayers at their earliest prescribed times. In either case a husband
has no right to prevent his wife from doing what is her obligatory duty.
The same applies when a wife has vowed a Hajj, because it is obligatory
like the prescribed Hajj. In the case of supererogatory Hajj, however,
the husband may prevent his wife, and the wife must obey her husband.
This is supported by a hadith reported by AdDaraqutni on the authority
of Ibn 'Umar who narrated that while speaking about a wealthy lady whose
husband had refused to give her permission to perform Hajj, the Prophet
(peace be upon him) said: "She must not go for Hajj except by her
Fiqh 5.12 a: He Who Dies Without Performing Obligatory Hajj
If a person dies before performing obligatory Hajj or if one vowed to
perform Hajj but died before fulfilling one' s vow, his heir must assign
someone to perform Hajj on behalf of the deceased. All the ensuing expenses
in this regard must be paid out of the deceased's property, as indeed
must be any debts left by him.
Ibn 'Abbas narrates that a woman from the tribe of Johainah came to the
Prophet (peace be upon him) and said: "My mother had vowed to perform
Hajj but she died before fulfilling her vow, should I perform Hajj on
her behalf? The Prophet (peace be upon him) said: "Yes, perform Hajj
on her behalf. Would you not pay off any debts your mother might have
left behind upon her death? Pay off what you owe to Allah, for He is most
deserving of settlement of His debt." (Bukhari)
This hadith underlines the obligation of performing Hajj on behalf of
a deceased person, whether or not he leaves a will to this effect (it
is a kind of debt for the deceased), and all debts left by the deceased
must be settled, just as all other financial obligations such as zakah,
an atonement or a vow transacted by the deceased has to be fulfilled.
Ibn 'Abbas, Zaid bin Thabit, Abu Hurairah, and Ash-Shafi'i hold this
opinion. They consider that the expenses of the substitute (the hired
person) must be paid out of the wealth of the deceased before dividing
it up among his heirs.
In case the wealth is insufficient to cover both the cost of Hajj (by
the substitute) and settlement of the deceased's debts, the expense of
Hajj must be paid first, as the Prophet (peace be upon him) said: "Allah
is most deserving that His debt be paid back."
Imam Malik says: "A person may perform Hajj on behalf of the deceased
only if the deceased leaves a will to that effect. If the deceased leaves
no such will, then a Hajj on his behalf may not be performed, for this
worship involves, more than anything else, physical exertion and struggle
and as such, no other person can replace or substitute another person.
If a deceased makes a will regarding it, then Hajj may be performed, meeting
all its cost from out of one third of the share of his heritage."
Fiqh 5.13: Hajj On Behalf of Others
If someone has the ability to perform Hajj but afterwards he is unable
to perform it due to sickness or old age, he must arrange for someone
else to perform Hajj on his behalf, for he may never be able to do it
himself. In this respect, such a person is very much like the deceased,
hence the permission for him to choose his substitute in Hajj.
This is based on a hadith reported by Al-Fadl ibn 'Abbas, who says: "A
woman of Khath'am said, 'O Prophet of Allah! Allah has prescribed Hajj
for His servants. (Now that) I am grown up, I find that my father is an
old man, and he cannot ride on the camel (for long). Should I perform
Hajj on his behalf?' The Prophet (peace be upon him) said: 'Yes.'"
This happened during the Farewell Hajj. (Reported by the Group) Tirmizhi
considers it a sound hadith with a sound chain and adds: "On this
topic, reports other than this hadith are also found; they are of sound
authority, and the companions of the Prophet (peace be upon him) believed
and practiced accordingly; they held that one may perform Hajj on behalf
of a deceased person." At-Thawri, Ibn al-Mubarak, Ash-Shafi'i, Ahmad
and Ishaq also hold a similar view.
Imam Malik says: "If the deceased leaves a will that someone perform
a Hajj on his behalf, then it may be performed." Some scholars like
Ibn Mubarak and Ash-Shafi'i say that it is permissible for an old man,
who is unable to perform Hajj on his own, to arrange for a substitute
to do it on his behalf.
The above hadith also lends support to the view that, both for a man
or a woman, it is quite permissible to perform Hajj on behalf of another
man or woman. There is nothing against this in the Qur'an or hadith.
Fiqh 5.14: Position of a Sick Person Who Recovers
If a sick person recovers after someone has performed Hajj on his behalf,
he will be considered as having performed his obligatory duty, and he
will not be required to repeat it, for it would imply the obligation of
performing two obligatory pilgrimages (rather than one). This is Imam
The majority of scholars are, however, of the view that such a substitutory
Hajj will not suffice a man to absolve him of his obligation, for his
recovery shows that his case was not really hopeless (and he should therefore
repeat it), for the decisive factor in this respect is cessation of illness
and restoration of his health.
Ibn Hazim is inclined to the first view. He says: "When the Prophet
(peace be upon him) commanded to perform Hajj on behalf of those who are
unable to walk or ride (i.e., cannot travel for Hajj), and told that this
will pay off their debt to Allah, then indeed the debt is settled, and
their effort accepted." And surely if an obligation is removed or
fulfilled, there is no justification for its repetition, especially when
there is nothing in the texts to support it. Had such a repetition been
necessary, the Prophet (peace be upon him) must have clearly mentioned
it, but as he did not, there is no reason for its repetition.
Fiqh 5.14 a: Conditions for Performing Hajj on Behalf of Others
Before performing Hajj on behalf of someone else, a person must have
performed his own Hajj . This is based on the hadith in which Ibn 'Abbas
narrates that the Prophet (peace be upon him) heard a man saying: "O
Allah! Here I am in response to Your call on behalf of Shabrumah."
The Prophet (peace be upon him) asked him: "Have you performed your
own Hajj?" He replied: " No", whereupon the Prophet (peace
be upon him) told him: "You must perform Hajj on your own behalf
first, and then tor Shabrumah." (Abu Daw'ud and Ibn Majah) Al-Baihaqi
says: "Its chain of authorities is sound, and in this regard it is
the most genuine report."
Most of the scholars hold that it is not proper for a person to perform
Hajj on behalf of others prior to performing it on his own behalf, whether
or not he is able or unable to do so.
Fiqh 5.14 b: Hajj in Fulfillment of a Vow While Having to Perform Obligatory
According to the verdict of Ibn 'Abbas and 'Ikrimah if a person performs
Hajj in fulfillment of a vow, while he has yet to perform the prescribed
Hajj, then it should suffice him (and absolve him) trom both. 'Ata and
Ibn 'Umar, on the other hand, hold that one must first perform the Hajj
obligatory on him, and thereafter perform another Hajj to fulfil his vow.
Fiqh 5.15: No Sarorah (Delaying) in Islam
Ibn 'Abbas reports: "The Prophet (peace be upon him) said: 'There
is no Sarorah (delaying performance of obligatory Hajj) in Islam.''' (Ahmad
and Abu Daw'ud)
Al-Khattabi remarks: "The word sarorah has two meanings:
1 a person who does not marry and leads a life of celibacy, like
monastic Christians; or
2 someone who has not performed Hajj. In other words this means
that no one able to perform Hajj should fail to do so, because in Islam
there is no delaying of obligatory Hajj.
Some scholars refer to it as a proof that a person who has not performed
Hajj is not allowed to perform Hajj on behalf of others. Al-Awza'i, Ash-Shafi'i.
Ahmad and Ishaq hold this view. Malik and Ath-Thawri say: "Such a
person's Hajj depends on his own intention." Al-Hasan Al-Basri, 'Ata
and An-Nakh'i also hold a similar view.
Fiqh 5.15 a: Getting a Loan for Hajj
Abdullah ibn Abi 'Awfa relates: "I asked the Prophet (peace be upon
him) about a man who has not performed Hajj, 'Should he not get a loan
to perform Hajj?' The Prophet (peace be upon him) replied: 'No"'
Fiqh 5.15 b: Performing Hajj with Unlawfully Gained Money
Someone performing Hajj with unlawfully gained money, may technically
fulfil his prescribed duty of pilgrimage, but according to the majority
of the scholars, he will be guilty of sin for doing so. Imam Ahmad disagrees
and holds that such a Hajj is not enough for a person to absolve him of
his prescribed obligation, and this is more correct as the sahih hadith
says: "Surely, Allah is Pure, and He does not accept anything but
what is pure (and clean)." Also it is reported by Abu Hurairah that
the Prophet (peace be upon him) said: "As soon as a pilgrim sets
out for Hajj with a provision which is lawful, and puts his foot in the
stirrup (rides his mount) and calls out: 'O, Allah! Here I am in response
to Your call,' an announcer answers him from the heavens above, saying:
'Your call has been heard; you are a happy one; your provisions are lawful,
your mount is lawful and your pilgrimage is free of sin and acceptable.'
But, if his provisions are unlawfully gained, and he puts his foot in
the stirrup and calls out: 'O Allah! Here I am in response to Your call,'
an announcer from the heavens above answers him back, saying: 'Your call
is not accepted; nor are you welcome; your food is unlawful; your provisions
are unlawful; and your pilgrimage is not free of sin and is unacceptable."'
Al-Munzhri says: "This is reported by At-Tabarani in Al-Awsat, and
also by Al-Asbahani in a mursal hadith from Aslam, the freed slave of
'Umar bin al-Khattab."
Fiqh 5.16: What is Better in Hajj: Riding or Walking?
Al-Hafiz writes in Al-Fath: "Ibn al-Munzhir says there is a difference
of opinion as to what is better for a pilgrim, walking or riding during
The majority of scholars hold riding is better, for the Prophet (peace
be upon him) did so, and because it is more helpful (in concentrating)
on praying and making supplications to Allah, apart from other benefits.
Ishaq bin Rahoweh says: "Walking is preferable for it involves more
exertion and hardship (in the cause of Allah)." We may say that whether
a person walks or rides during Hajj depends on each person and his particular
Bukhari has transmitted from Anas (may Allah be pleased with him) that
the Prophet (peace be upon him) saw a man leaning on both sides on his
two sons, whereupon he asked: "What is the matter with this man?"
The people said: "He has vowed to walk during Hajj." The Prophet
(peace be upon him) said: "Allah is in no need whatever of torturing
this man." Then he commanded the man to perform his Hajj riding."
Fiqh 5.16 a: Doing Business and Leasing Rides During Hajj
There is no harm if a pilgrim engages in trade and business during Hajj
Ibn 'Abbas said: "In the beginning when Hajj was prescribed, the
people used to trade at Mina, 'Arafah, and the market place of Zhul-Majaz
(A place close to 'Arafah) during the Hajj season, but they feared it
might be forbidden for them while in a state of ihram. Thereupon Allah
revealed the verse (Qur'an 2.198): "It is no crime in you if you
seek of the bounty of your Lord (during pilgrimage)." This is reported
by Bukhari, Muslim and Nasa'i.
Commenting on the above verse, Ibn 'Abbas adds: "The people used
to shun business while in Mina, so they were instructed to engage in business
or trade while pouring down from 'Arafah.''ls Abu Omamah At-Taimi narrates
that he said to Ibn 'Umar: "I rent mounts to people during Hajj season,
and the people tell me that my Hajj is void." Ibn 'Umar asked him:
"Do you not don Hajj garb, say talbiyah, go around the House of Allah,
pour down from 'Arafah, and stone the Satan?" The man said, "Yes,
I do." Ibn 'Umar said: "Then your Hajj is quite valid (and you
will be rewarded for it). A person came to the Prophet (peace be upon
him) and asked him something similar to what you asked me, whereupon the
Prophet (peace be upon him) remained silent until this verse (Qur'an 2.198)
was revealed to him: "It is no crime in you if you seek the bounty
of your Lord (during Hajj season)." Then the Prophet (peace be upon
him) sent for the man and recited the verse to him, saying: "Your
Hajj is valid." This is reported by Abu Daw'ud and Sa'id ibn Mansur.
Al-Hafiz Al-Munzhri said Abu Omamah is not known (as a narrator).
Ibn 'Abbas says that a man asked him: "I hire myself to these people
to guide them in performing their rites of Hajj; will I have a reward
for Hajj?" Ibn 'Abbas said: "Yes." (And then he recited)
"To these will be allotted what they have earned; and Allah is quick
in account.'' (Qur'an 2.202) This is transmitted by Al-Baihaqi and Ad-Daraqutni.
Fiqh 5.19: THE HAJJ OF THE PROPHET (Peace Be Upon Him): A Detailed Account
Muslim reports: "Abu Bakr ibn Abi Shaibah and Ishaq bin Ibrahim
told us that Hatem bin Isma'il al-Madani reported of Ja'far bin Mohammad
and he of his father, saying, 'We visited Jabir bin Abdullah (he was blind)
and he began inquiring about the people (who had come to see him) till
it was my turn. I said: "I am Mohammad ibn Ali ibn Hussein."
He placed his hand on my head and opened my upper button and then the
lower one, and then placed his hand on my chest (in order to bless me).
I was during those days a young boy, and then he said: "You are welcome,
my nephew. Ask whatever you want to ask." I asked him a question
but it was time for prayer. He stood up covering himself in his mantle.
Whenever he placed its ends upon his shoulders they slipped down because
it was short (in size). Another mantle was, however, Iying on the clothes
rack nearby (and he put it on) and led the prayer. I said to him: "Tell
me about the Hajj of the Prophet (peace be upon him)." He held up
his nine fingers and said: "The Prophet (peace be upon him) stayed
in Madinah for nine years but did not perform Hajj. Then, in the tenth
year he made a public announcement to the effect that Allah's Messenger
was about to perform the Hajj. A large number of people came to Madinah,
and all of them were eager to emulate the Prophet (peace be upon him)
and follow his actions.
"We set out with him until we reached Zhul-Hulaifah, where Asma
bint 'Umais gave birth to Mohammad ibn Abi Bakr. She sent a message to
the Prophet (peace be upon him) asking him: "What should I do?"
He said, "Take a bath, bandage your private parts and put on ihram.
"The Prophet (peace be upon him) then prayed in the mosque and then
mounted al-Qaswa (his she-camel) and it stood erect with him on its back
at al-Baida. As far as I could see in front of me, behind me, on my right
and on my left, I saw riders and pedestrians. The Messenger of Allah (peace
be him) was prominent among us and the (revelation) of the Qur'an was
descending upon him, and it is he who knows (its true) interpretation.
Whatever he did, we also did.
He pronounced the Oneness of Allah (saying): Labbaika Allahumma labbaik
labbaika la sharika laka labbaik, innal hamda wan-ni'mata laka wal mulk,
la sharika lak (O Allah! I hasten to You. You have no partner. I hasten
to You. All praise and grace is Thine and the Sovereignty too; You have
no partner). And the people also pronounced this talbiyah which they pronounce
today. The Messenger of Allah (peace be upon him) did not disapprove of
anything in it, but he azhered to his own talbiyah.
Jabir said: "We did not have any other intention but that of Hajj
only, being unaware of the 'Umrah, but when we came with him to the House
(of Allah), he touched the Black Stone (Hajar al Aswad) and made seven
circuits, running three of them and walking four. Then going to the Station
of Ibrahim, he recited: "And adopt the Station of Ibrahim as a place
of prayer.'' (Qur'an 2.125) He stood at a place where the Station (of
Ibrahim) was between him and the House. There he prayed two rak'ahs reciting
Surah Al-lkhlas, and Surah Al-Kafirun. He then returned to the Black Stone
(Hajar al A.sl~ad) and kissed it. Then he went out of the gate to Safa,
and as he approached it he recited: "Al-Safa and al-Marwah are among
the signs appointed by Allah," (Qur'an 2.15) (adding:) I begin with
what Allah began. He first mounted Safa until he saw the House, and facing
Qiblah he declared the Oneness of Allah and glorified Him and said: La
ilaha illa Allah wahdahu la sharika lahu, lahul mulk wa lahul hamd, wa
huwa 'ala kulli sha'in qadeer, la ilaha illallahu wahdahu anjaza wa'dahu,
wa nasara 'abdahu, wa hazamal ahzaba wahdah (There is no God but Allah,
One, He has no partner. His is the Sovereignty, to Him praise is due,
and He is Powerful over everything. There is no God but Allah alone, Who
fulfilled His promise, helped His servant and routed the confederates
He said these words three times making supplications in between. He then
descended and walked towards Marwah, and when his feet touched the bottom
of the valley, he ran; and when he began to ascend, he walked till he
reached Marwah. There he did as he had done at Safa.
"When it was his last round of Marwah he said: 'If I had known beforehand
what I have come to know afterwards, I would not have brought sacrificial
animals and would have offered it as an 'Umrah. So, he among you who has
not the sacrificial animals with him should put off ihram and treat it
as an 'Umrah. Suraqa ibn Malik ibn Ju'tham got up and said, 'Messenger
of Allah, does it apply to the present year, or does it apply forever?
Thereupon the Messenger of Allah (peace be upon him) intertwined the fingers
(of one hand) into another and said twice: 'The 'Umrah has become incorporated
in the Hajj,' (adding): 'No, but forever and ever.'
"Ali came from Yemen with the sacrificial animals for the Prophet
(peace be upon him) and found Fatimah (Allah be pleased with her) to be
one among those who had put olf ihram. put on dyed clothes, and had applied
kuhl*. Ali showed diiapproval of it, whereupon she said: 'My father has
commanded me to do this.' (The narrator) said that Ali used to say in
Iraq: 'I went to the Messenger of Allah (peace be upon him) showing annoyance
at Fatimah for what she had done, and asked the Prophet (peace be upon
him) regarding what she had narrated from him, and told him that he was
angry with her, whereupon the Prophet (peace be upon him) said: 'She has
told the truth; she has told the truth.'
"(The Prophet then asked Ali): 'What did you say when you put on
ihram?' I (Ali) said: 'O Allah, I am putting on ihram for the same purpose
as Your Messenger has put it on.' Thereupon the Prophet (peace be upon
him) told him, 'I have with me sacrificial animals, so do not put off
"(Jabir) said: 'The total number of those sacrificial animals brought
by Ali from Yemen and of those brought by the Prophet (peace be upon him)
was one hundred. All the people except the Prophet (peace be upon him)
and those who had with them sacrificial animals, put off ihram and got
their hair clipped. When it was the day of Tarwiya (8th of Zhul-Hijjah)
they went to Mina and put on the ihram for Hajj and the Messenger of Allah
(peace be upon him) rode and led there, the noon, afternoon, sunset, 'Isha
and dawn prayers. He then waited a little till the sun rose, and commanded
that a tent of hair should be pitched at Namira.
"The Messenger of Allah (peace be upon him) then set out and the
Quraish did not doubt that he would halt at Al-Mash'ar Al-Haram (the sacred
site) as the Quraish used to do in the pre-Islamic period. The Messenger
of Allah (peace be upon him), however, passed on till he came to 'Arafah
and he found that the tent had been pitched for him at Namira. There he
got down till the sun had passed the meridian; he commanded that al-Qaswa
be brought and saddled for him. Then he came to the bottom of the valley,
and addressed the people saying: Verily your blood, your property are
as sacred and inviolable as the sacredness of this day of yours, in this
month of yours, in this town of yours.
Behold! Everything pertaining to the Days of Ignorance is under my feet,
and completely abolished. Abolished are also the blood-revenges of the
Days of Ignorance. The first claim of ours on blood-revenge which I abolish
is that of the son of Rabi 'a ibn al-Harith, who was nursed among the
tribe of Sa'd and killed by Huzhail. And the usury of the pre-Islamic
period is abolished, and the first of our usury I abolish is that of 'Abbas
ibn 'Abd al-Muttalib, for it is all abolished.
Fear Allah concerning women! Verily you have taken them on the security
of Allah, and intercourse with them has been made lawful unto you by word
of Allah. You too have rights over them, in that they should not allow
anyone to sit on your bed whom you do not like. But if they do that, you
can chastise them but not severely. Their rights upon you are that you
should provide them with food and clothing in a fitting manner.
I have left among you the Book of Allah, and if you hold fast to it,
you will never go astray. And you will be asked about me (on the Day of
Resurrection), (now tell me) what would you say? They (the audience) said:
"We will bear witness that you have conveyed (the message), discharged
(the ministry of Prophethood) and given wise (sincere) counsel."
He (the narrator) said: "He (the Holy Prophet) then raised his forefinger
towards the sky and pointing it at the people (said): 'O Allah, be witness.
O Allah be witness,' saying it thrice' ."
"Then azhan was pronounced and later on iqama and the Prophet (peace
be upon him) led the noon prayer. Then another Iqama was pronounced and
the Prophet (peace be upon him) led the afternoon prayer and he observed
no other prayer in between the two. (This proves the validity of joining
Zuhr and 'Asr prayer on this day, at this place. There is consensus on
it, but there is disagreement as to its cause. Abu Hanifah and some Shafi'i
scholars hold that it is a part of Hajj, but the majority of Shafi'i scholars
hold it is due to journey) The Messenger of Allah (peace be upon him)
then mounted his camel and came to the place where he was to stay. He
made his she-camel, al-Qaswa, turn towards the rocky side, with the pedestrian
path Iying in front of him. He faced the Qiblah, and stood there until
the sun set, and the yellow light diminished somewhat, and the disc of
the sun totally disappeared. He made Usama sit behind him, and pulled
the nosestring of Qaswa so forcefully that its head touched the saddle
(in order to keep her under perfect control), and pointing out with his
right hand, advised the people to be moderate (in speed) saying: "O
people! calmness, calmness!" Whenever he passed over an elevated
tract of land, he slightly loosened the nose-string of his camel till
she climbed up. This is how he reached al-Muzdalifah."
"There he led the evening and 'Isha prayers with one azhan and two
iqamas and did not glorify (Allah) in between them (i.e. he did not observe
supererogatory rak 'ahs between Maghrib and 'Isha prayers). The Messenger
of Allah (peace be upon him) then lay down till dawn and offered the dawn
prayer with an azhan and iqama when the morning light was clear. He again
mounted al-Qaswa, and when he came to Al-Mash'ar Al-Haram, he faced Qiblah,
and supplicated to Allah, Glorified Him, and pronounced His Uniqueness
and Oneness, and kept standing till the daylight was very clear.
"He then went quickly before the sun rose, and seated behind him
was Al-Fadl ibn 'Abbas, who wa.s a man with beautiful hair, fair complexion,
and handsome face. As the Messenger of Allah (peace be upon him) moved
on, a group of women riding camels was also passing. Al-Fadl began to
look at them. The Messenger of Allah (peace be upon him) placed his hand
on Al-Fadl's face who then turned his face to the other side, and began
to look, and the Messenger of Allah (peace be upon him) turned his hand
to the other side and placed it on Al-Fadl's face. He again turned his
face to the other side till he came to the bottom of Muhassir. He urged
her (al-Qaswa) a little, and, following the middle road, (This proves
that it is sunnah to follow a different road on the way back from Arafah
than the one taken while going toward it. The Prophet (peace be upon him)
went by the Dab road to Arafah. Similarly he used to take different routes
going to or coming back from 'Eid prayers) which comes out at the greatest
Jamarah, he came to the Jamarah which is near the tree. At this he threw
seven small pebbles, saying, 'Allahu Akbar' while throwing every one of
them in a manner in which the small pebbles are thrown (holding them with
fingers) and this he did while at the bottom of the valley. (That is,
he stood there at a place where Mina, Arafah and Al-Muzdalifah were on
his right, and Makkah on his left side)
"He then went to the place of sacrifice, and sacrificed sixty-three
(camels) with his own hand. He shared the remaining camels with Ali, who
sacrificed them. He then commanded that a piece of meat from each sacrificed
animal be put in a pot. When it was cooked, both of them (the Prophet
and Ali) ate some of it and drank its soup.
"The Messenger of Allah (peace be upon him) again rode and came
to the House (of Allah), where he performed Tawaf Al-Ifadah and oftered
the Zuhr prayer at Makkah. He came to the tribe of 'Abd al-Muttalib, who
were supplying water at Zamzam, and said: 'Draw water, O Banu 'Abd al-Muttalib;
were it not that people would usurp this right of supplying water from
you, I would have drawn it along with you.' So they handed him a bucket
and he drank from it."
The scholars said: "This hadith is one of its kind. It contains
lots of valuable information." Al-Qadi 'Iyad said: "Many scholars
have spoken (and written) at great length about the legal injunctions
contained in this hadith." Abu Bakr ibn Al-Munzhir has listed a large
part of these identifying about one hundred and fifty injuctions. He observes
that if he had analysed more closely this number would almost double.
The scholars said: This hadith indicates that for the women giving birth
to a child or having monthly periods it is sunnah - and much more so for
others - to take a bath when they intend to perform Hajj or 'Umrah. It
also teaches us that the women who are menstruating or are still in their
confinement after childbirth, should clean themselves properly, cover
their private parts with a piece of cotton, then declare their ihram.
It also indicates that ihram must be declared after offering either a
fard or a supererogatory prayer. After declaring ihram one should utter
talbiyah loudly and preferably use the same words as used by the Prophet
(peace be upon him). However, there is no harm in adding similar phrases
as 'Umar did: "O Allah! I answer Your call, You Who gives blessings
and good favors. I answer Your call fearing You, and wishing Your favor."
This hadith also indicates that a pilgrim must first come to Makkah where
one must perform circumambulation of arrival in Makkah (Tawaf qudoom),
and touch the Black Stone--if possible--and make the first three rounds
running, while making the other four walking at normal speed. The running
is done around the Ka'bah except between the Yemeni Corner and the Black
After making the Tawaf one must go to the Station of Ibrahim (peace be
upon him) and recite the verse: "Take the Station of Ibrahim as a
place for prayer." Then standing there, with the Station of Ibrahim
between him and the Ka'bah, he should pray two rak'ahs reciting after
Al-Fatihah, Surah Al-Kafirun in the first rak'ah, and Surah Al-lkhlas
in the second rak'ah. This hadith also indicates that touching the Black
Stone again prior to leaving the Sacred Mosque is recommended (if possible),
just as one did upon entering it. There is consensus among the scholars
that touching (kissing) the Black Stone is sunnah.
After that, one must make Sa'i and for this purpose go to mount Safa.
climb it, face the Ka'bah and make supplications three times to Allah.
Then. one must climb down and walk toward Marwah, while jogging in the
marked area called bainal milain between Safa and Marwah every time one
passes this area during the seven rounds not just in the first three rounds
as in Tawaf. On reaching Marwah one should climb it just as one climbed
Safa, make supplications, and make remembrance.
Completion of all these rites will complete one's 'Umrah. Now one should
either shave one's head or clip some of one's hair to get out of the state
of ihram. This is precisely what the Companions of the Prophet (peace
be upon him) did when the Prophet (peace be upon him) commanded them to
change their Hajj to 'Umrah. As for the pilgrim who is combining Hajj
and 'Umrah, he must not shave or clip his hair, but should remain in his
state of ihram.
On the 8th of Zhul-Hij jah. those who had put off their ihram after making
'Umrah, should again put on ihram to perform pilgrimage, and then head
to Mina with those who combine Hajj and 'Umrah. It is sunnah to offer
the five daily prayers in Mina and to spend the night of the 9th of Zhul-Hijjah
It is also sunnah not to leave Mina for 'Arafah until after the sunrise,
and not to enter 'Arafah until the sun begins to decline, and after ot'fering
both Zuhr and 'Asr prayers, which the Prophet (peace be upon him) offered
at Namira which is not a part of 'Arafah. The Prophet (peace be upon him)
did not enter his quarters at 'Arafah until after otfering Zuhr and 'Asr
prayers. Moreover, it is also sunnah of the Prophet (peace be upon him)
to offer some supererogatory (nawafil) prayers in between these two prayers.
The imam should give a sermon before the prayer, which is one of the
sunnah sermons in pilgrimage. The second sermon is given by the imam on
the 7th of Zhul-Hijjah after Zuhr prayer in the Ka'bah. The third of these
sunnah sermons is delivered on the 10th of Zhul-Hijjah, the day of slaughtering.
And the fourth sermon is given on the day the people leave (yawm an-nafr)--the
11th day of Zhul-Hijjah.
This hadith also contains some important manners and etiquette for performing
Hajj and 'Umrah:
2 It is better to spend the time at 'Arafah riding one's mount.
3 It is better to stand by the rocks or close to them as the Prophet
(peace be upon him) did.
4 One should face Qiblah while in 'Arafah.
5 One must stay at one's quarters in 'Arafah until sunset.
6 One should make supplications to Allah, raising one's hands
to one's chest, and after the sunset calmly and quietly leave 'Arafah.
And if one is in a leading position one should ask others to do likewise.
7 Upon arriving at Al-Muzdalifah, one should combine Maghrib and
'Isha prayers with one azhan and two iqamahs.
8 One may not offer any nawafil prayers in between these two prayers.
There is consensus among Muslim scholars about combining these two prayers.
They differ, however, concerning the reason for it. Some claim that it
is a part of the rites of the Hajj, while others say it is a permission
granted to them, because they are traveling.
9 Spending the night at Al-Muzdalifah is also sunnah. All scholars
agree that it is part of the Hajj rites. They do, however, differ on whether
spending the night there is obligatory or sunnah.
10 It is also sunnah to offer Fajr prayer at Al-Muzdalifah, and
then depart from it for Al-Mash'ar Al-Haram to stop there and make supplications.
Stopping there is a part of the Hajj rite.
11 It is sunnah to leave Al-Mash 'ar Al-Haram when dawn is well
advanced and go to the bottom of Mohassir valley. When in this valley
one should walk fast because this is the place where Allah's wrath descended
upon the Companions of the Elephant.
12 On reaching the jamarah--jamarah al 'aqabah--one should throw
seven pebbles at it, and with each throw say Allahu Akbar. The pebbles
should be no more than the size of a cereal seed (beans).
13 After this one should offer his sacrifice, if one has one,
slaughtering it with one's own hands. After slaughtering one may shave
14 Now one must go to Makkah to perform Tawaf ifadah also known
as Tawaf az-ziyarah or circumambulation of visit.
One is thereafter permitted to engage in any lawful activity that was
unlawful for him while in the state of ihram, including sexual intercourse
with one's wife. A person who has thrown pebbles at Jamarah al- 'Aqabah,
but has not performed the circumambulation of if adah (or ziyarah) may
engage in any lawful activity except sexual intercourse with his wife.
That is the guidance of the Prophet (peace be upon him) concerning Hajj.
It explains what he meant when, according to a hadith, he said: "Take
your rites from me," for his Hajj alone is the real and true Hajj.
In the following pages we will deal in detail with all these rites, and
the opinions of various scholars concerning them.
Fiqh 5.27: Fixed Time For Ihram, Mawaquit
This refers to the specific period of time when the rites of Hajj have
to be performed to be valid. This is clear from the words of Allah: "They
ask you concerning the new moons. Say: They are but signs to mark fixed
periods of time (in the affairs of) men, and for Hajj'' l and "For
Hajj are the months well-known." (Qur'an 2.197) The Muslim scholars
are agreed that the months of Hajj are the months of Shawwal and Zhul-Qui'dah.
They differ about the month of Zhul-Hijjah, whether only the first ten
days of it are included in the months of Hajj or the entire month. Ibn
'Umar, Ibn 'Abbas, Ibn Mas'ud, the Hanafi and Shafi'i school, and Ahmad
are of the opinion that only its first ten days are included in the months
of Hajj, while Malik holds the entire month of ZhulHijjah as one of the
Hajj months. Ibn Hazm supports Malik's opinion, saying that the words,
"For Hajj are the months well-known," does not mean two months
and a part of other months.
Similarly we know that of the rites of Hajj, the throwing of pebbles
at jamarah takes place on the 13th of Zhul-Hijjah, while the scholars
agree that the circumambulation of Ifadah, which is one of the essential
rites of Hajj, may be performed anytime in the month of Zhul-Hijjah. There
is no disagreement on this point. It is, therefore, quite correct to say
that all three months are the months of Hajj.
The effects of disagreement are apparent mainly in the rites performed
after slaughtering the sacrificial animal. Those who consider the entire
month of Zhul-Hijjah a Hajj month, hold there is no penalty for delay
in slaughtering an animal. On the other hand, those who hold that only
its first ten days are included in the period of Hajj are of the opinion
that such a person must offer a penalty and offer a sacrifice for delay.
Fiqh 5.28: Putting on Ihram Before the Months of Hajj
Ibn 'Abbas, Ibn 'Umar, Jabir and Ash-Shafi'i are of the opinion that
donning the garb of ihram for Hajj is not valid outside its months. (Anyone
putting on ihram before the months of Hajj may, however, perform 'Umrah,
but tbis cannot be a substitute for his ihram for Hajj)
Ibn 'Umar said, "The months of Hajj are Shawwal, Zhul-Qui'dah and
ten days of Zhul-Hijjah." Ibn 'Abbas said: "The sunnah is to
declare one's intention and to put on ihram with the intention of performing
Hajj during the months of Hajj." (Bukhari)
Ibn Jarir reported from Ibn 'Abbas that he said: "To put on ihram
for Hajj is not valid except in the months of Hajj."
The Hanafites, Malik, and Ahmad are of the opinion that to put on ihram
for Hajj betore its months is permissible but disliked. Ash-Shawkani,
however, preferred the first opinion. He observes: "Allah, the Exalted
One, has named specific months for Hajj rites, of which ihram is one.
So whosoever claims that it is permissible to put on ihram even before
these months must produce evidence to support his claim."
Fiqh 5.28 a: Fixed Places for Putting on Ihram
Mawaqit of place are the specific places where a pilgrim or a person
intending to visit Makkah for 'Umrah or Hajj must declare his intention
to do so and put on ihram, the pilgrim garb. Anyone intending to perform
Hajj or 'Umrah must not pass beyond these places without ihram.
The Prophet (peace be upon him) himself specified these places:
For the people of Madinah the miqat (singular of mawaqit) is ZhalHalaifah,
a place 450 kilometres to the north of Makkah, from where they must declare
their intention and don the ihram, the Hajj garb.
For those coming from Syria, Jordan, Palestine and Lebanon, the miqat
is Al-Juhfah, a place 187 kilometres to the north-west of Makkah, and
close to Rabigh, which is 204 kilometres from Makkah. Rabigh became the
miqat for the people coming from Syria and Egypt, after the settlement
of Al-Juhfah disappeared completely.
The miqat for people of Najd is Qarn al Manazil, a mountain 94 kilometres
to the east of Makkah, overlooking 'Arafah.
Yalamlam, a mountain 54 kilometres to the south of Makkah is the miqat
for those coming from Yemen. Here they must declare their intention and
put on ihram.
For the people of Iraq, the miqat is Zhat Irq, a place 94 kilometres
to the north-east of Makkah.
These places were fixed by the Prophet (peace be upon him) himself for
all those who pass by them whether they come from these specific areas
or some other areas. The Prophet (peace be upon him) said: "These
places are for the people (coming from the above specified countries)
as well as for others who pass by them on their way to perform Hajj or
'Umrah." For a person who is present in Makkah and intends to perform
Hajj, like the residents of Makkah, his miqat would be the place where
he is staying in Makkah. However, if such a one intended to perform 'Umrah,
then he should go to Al-Khol or At-Tan'im, for that is his miqat for 'Umrah.
He should go there and make his ihram for 'Umrah.
A person who is a resident in an area between the miqat and Makkah, he
may make his ihram from his house.
Ibn Hazm said: "A person travelling by land or sea (to Makkah for
Hajj or 'Umrah) who does not pass by any of these places may make his
ihram from any place he likes."
Fiqh 5.28 b: Declaring Ihram Before Reaching the Miqat
Ibn al-Munzhir says: "There is consensus among the scholars that
a person who declares his intention to perform Hajj or 'Umrah and puts
on his ihram before reaching the miqat does enter the state of ihram.
But is it undesirable to do so? Some say it is, in light of the saying
of the Companions that the Prophet (peace be upon him) himself fixed Zhul
Hulaifah as miqat for the people of Madinah which means that (an intending
pilgrim) should make his ihram from these specified places, without any
addition or deletion from the rule. But if addition is not prohibited,
then at least the best course would be not to do it (i.e. not make ihram
before reaching the fixed place)."